Compiler's Note The Journal of the Senate for the regular session of 2009 is bound in three separate volumes. Volume One contains January 12, 2009 through March 10, 2009. Volume Two contains March 12, 2009 through April 1, 2009. Volume Three contains April 3, 2009 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 2009 VOLUME ONE Commenced at Atlanta, Georgia, Monday, January 12, 2009 and adjourned Friday, April 3, 2009 Printed on Recycled Paper OFFICERS OF THE STATE SENATE 2009 CASEY CAGLE................................................................President (Lieutenant Governor) HALL COUNTY TOMMIE WILLIAMS.....................................................................President Pro Tempore TOOMBS COUNTY ROBERT F. EWING........................................................................Secretary of the Senate DEKALB COUNTY LORENZO WALLACE............................................................................Sergeant at Arms FULTON COUNTY STAFF OF SECRETARY OF THE 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 2009-2010 Senators District Address David Adelman (D)....................................42.........................................................Decatur Don Balfour (R)..........................................09......................................................Snellville Robert Brown (D).......................................26...........................................................Macon Gail Buckner (D)........................................44.........................................................Morrow John Bulloch (R).........................................11...................................................Ochlocknee Gloria S. Butler (D)....................................55.............................................Stone Mountain Jim Butterworth (R)...................................50.........................................................Cornelia Ronnie Chance (R).....................................16...........................................................Tyrone Jeff Chapman (R)........................................03.....................................................Brunswick Bill Cowsert (R)..........................................46...........................................................Athens John Crosby (R)..........................................13............................................................Tifton John Douglas (R)........................................17.................................................Social Circle 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...............................................................Hull Bill Jackson (R)..........................................24..........................................................Appling Lester G. Jackson (D).................................02.......................................................Savannah Eric Johnson (R).........................................01.......................................................Savannah Emanuel Jones (D).....................................10..........................................................Decatur 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.........................................................Decatur Kasim Reed (D)..........................................35..........................................................Atlanta Chip Rogers (R)..........................................21....................................................Woodstock Mitch Seabaugh (R)....................................28....................................................Sharpsburg Valencia Seay (D).......................................34......................................................Riverdale David Shafer (R).........................................48...........................................................Duluth Freddie Powell Sims (D)............................12.........................................................Dawson 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 Curt Thompson (D)....................................05...........................................................Tucker 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 12, 2009 1 Senate Chamber, Atlanta, Georgia Monday, January 12, 2009 First Legislative Day The Senators-elect of the General Assembly of Georgia for the years 2009-2010 met pursuant to law in regular session in the Senate Chamber at 10:00 a.m. this day, and were called to order by the Lieutenant Governor Casey Cagle, President of the Senate. The members pledged allegiance to the flag. The President introduced the chaplain of the day, Pastor Benny Tate of Milner, Georgia, who offered scripture reading and prayer. The following communication from the Honorable Karen C. Handel, Secretary of State, certifying the Senators-elect in the General Election of 2008, was received and read by the Secretary: 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 three (3) pages of typewritten matter constitute a true and correct list of State Senators in the General Assembly of Georgia elected at the 2008 General Election held on November 4, 2008; all as the same appear on file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 6th day of January, in the year of our Lord Two Thousand and Nine and of the Independence of the United States of America the Two Hundred and Thirty-Third. /s/ Karen C. Handel Secretary of State CANDIDATE ERIC JOHNSON LESTER GEORGE JACKSON, III JEFFREY LAMAR CHAPMAN JACK HILL CURT BLACKBURN THOMPSON, II TITLE STATE SENATOR, DISTRICT 1 STATE SENATOR, DISTRICT 2 STATE SENATOR, DISTRICT 3 STATE SENATOR, DISTRICT 4 STATE SENATOR, DISTRICT 5 2 JOURNAL OF THE SENATE WILLIAM DOUG STONER GREGORY GRINER GOGGANS TIMOTHY ROBERT GOLDEN DONALD KENNETH BALFOUR, II EMANUEL D. JONES JOHN D. BULLOCH, JR. FREDDIE K. POWELL SIMS JOHN DICKEY CROSBY GEORGE HOOKS ED HARBISON RONALD W. CHANCE JOHN FOSTER DOUGLAS CECIL POPE STATON, JR. TOMMIE ANDREW WILLIAMS THORBORN ROSS TOLLESON, JR. "CHIP" WILLIAM M. ROGERS EDWARD J. TARVER JAMES B. (J.B.) POWELL, JR. WILLIAM S. (BILL) JACKSON JOHN WILLIAM GRANT, III ROBERT BROWN JACK STEAVEN MURPHY MITCHELL WAYNE SEABAUGH BERT SETH HARP, JR. WILLIAM (BILL) G. HAMRICK, III WILLIAM DONALD HEATH, JR. JUDSON H. HILL STEPHEN P. THOMPSON VALENCIA SEAY KASIM REED NAN GROGAN ORROCK JOHN J. WILES HORACENA TATE VINCENT D. FORT DANIEL J. WEBER STEPHEN BRADLEY HENSON DAVID ADELMAN RONALD B. RAMSEY, SR. GAIL M. BUCKNER RENEE' S. UNTERMAN WILLIAM STONE COWSERT RALPH T. HUDGENS DAVID J. (DAVE) SHAFER STATE SENATOR, DISTRICT 6 STATE SENATOR, DISTRICT 7 STATE SENATOR, DISTRICT 8 STATE SENATOR, DISTRICT 9 STATE SENATOR, DISTRICT 10 STATE SENATOR, DISTRICT 11 STATE SENATOR, DISTRICT 12 STATE SENATOR, DISTRICT 13 STATE SENATOR, DISTRICT 14 STATE SENATOR, DISTRICT 15 STATE SENATOR, DISTRICT 16 STATE SENATOR, DISTRICT 17 STATE SENATOR, DISTRICT 18 STATE SENATOR, DISTRICT 19 STATE SENATOR, DISTRICT 20 STATE SENATOR, DISTRICT 21 STATE SENATOR, DISTRICT 22 STATE SENATOR, DISTRICT 23 STATE SENATOR, DISTRICT 24 STATE SENATOR, DISTRICT 25 STATE SENATOR, DISTRICT 26 STATE SENATOR, DISTRICT 27 STATE SENATOR, DISTRICT 28 STATE SENATOR, DISTRICT 29 STATE SENATOR, DISTRICT 30 STATE SENATOR, DISTRICT 31 STATE SENATOR, DISTRICT 32 STATE SENATOR, DISTRICT 33 STATE SENATOR, DISTRICT 34 STATE SENATOR, DISTRICT 35 STATE SENATOR, DISTRICT 36 STATE SENATOR, DISTRICT 37 STATE SENATOR, DISTRICT 38 STATE SENATOR, DISTRICT 39 STATE SENATOR, DISTRICT 40 STATE SENATOR, DISTRICT 41 STATE SENATOR, DISTRICT 42 STATE SENATOR, DISTRICT 43 STATE SENATOR, DISTRICT 44 STATE SENATOR, DISTRICT 45 STATE SENATOR, DISTRICT 46 STATE SENATOR, DISTRICT 47 STATE SENATOR, DISTRICT 48 MONDAY, JANUARY 12, 2009 3 BONNIE LEE HAWKINS JAMES BLAKELY BUTTERWORTH EUGENE "CHIP" PEARSON PRESTON WILLIAMS SMITH JEFF E. MULLIS DONALD R. THOMAS GLORIA SINGLETON BUTLER DAN MOODY STATE SENATOR, DISTRICT 49 STATE SENATOR, DISTRICT 50 STATE SENATOR, DISTRICT 51 STATE SENATOR, DISTRICT 52 STATE SENATOR, DISTRICT 53 STATE SENATOR, DISTRICT 54 STATE SENATOR, DISTRICT 55 STATE SENATOR, DISTRICT 56 The Secretary introduced the Honorable Arch W. McGarity, Superior Court Judge of Henry County, who administered the oath of office to all Senators-elect. "I do solemnly swear or affirm that I will support the Constitution of this state and of the United States, and on all questions and measures which may come before me, I will so 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 or trust under the government of the United States, or of any other state, or of any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and the laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God." The following communication was received by the Secretary: Certification of Official Oaths of Georgia State Senators Georgia State Senate The accompanying oaths of the members of the Georgia State Senate were administered and sworn to before me on the 12th day of January 2009. /s/ Arch W. McGarity Superior Court Judge of Henry County The Lieutenant Governor spoke extemporaneously to the Senate. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Hawkins Heath Henson Rogers Seabaugh Seay 4 JOURNAL OF THE SENATE Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams The President announced the next order of business was the election of the President Pro Tempore. Senator Rogers of the 21st nominated Senator Williams of the 19th as President Pro Tempore. Senator Brown of the 26th seconded the nomination. Senator Rogers of the 21st asked unanimous consent that the nominations be closed and the Secretary be instructed to cast the vote of the entire body for Senator Tommie Williams; the consent was granted. There was no objection and Senator Williams of the 19th was elected President Pro Tempore. The President asked the Sergeant at Arms to escort Senator Williams of the 19th to the Well of the Senate, where he addressed the Senate briefly. The President announced the next order of business was the election of the Secretary of the Senate. Senator Seabaugh of the 28th nominated the Honorable Robert F. Ewing as Secretary of the Senate. Senator Adelman of the 42nd seconded the nomination. MONDAY, JANUARY 12, 2009 5 Senator Rogers of the 21st asked unanimous consent that the nominations be closed and that the Assistant Secretary be instructed to cast the vote of the entire body for the Honorable Robert F. Ewing. There was no objection, and the Honorable Robert F. Ewing was declared duly elected Secretary of the Senate. The President of the Senate administered the following oath of office to Robert F. Ewing, Secretary of the Senate: "I do hereby solemnly swear or affirm that I will discharge my duties faithfully and to the best of my skill and knowledge. So help me God." The President announced the next order of business was the election of the Sergeant at Arms of the Senate. Senator Moody of the 56th nominated Lorenzo Wallace as Sergeant at Arms of the Senate. Senator Golden of the 8th seconded the nomination. Senator Rogers of the 21st asked unanimous consent that the nominations be closed and the Secretary be instructed to cast the vote of the entire body for Lorenzo Wallace. There was no objection, and Lorenzo Wallace was declared duly elected Sergeant at Arms of the Senate. The following resolutions were read and adopted: SR 3. By Senators Williams of the 19th and Rogers of the 21st: A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes. SR 4. By Senators Williams of the 19th and Rogers of the 21st: 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: Heath of the 31st, Cowsert of the 46th, Jackson of the 2nd, Sims of the 12th, Crosby of the 13th, Buckner of the 44th and Butterworth of the 50th. 6 JOURNAL OF THE SENATE The following resolution was read and put upon its adoption: SR 5. By Senators Williams of the 19th, Rogers of the 21st and Balfour of the 9th: A RESOLUTION adopting the Rules of the Senate; and for other purposes. On the adoption of the resolution, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby 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 Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas 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 37, nays 18, and the resolution was adopted. The following resolution was read and put upon its adoption: SR 6. By Senators Williams of the 19th and Rogers of the 21st: A RESOLUTION relative to officials, employees, and committees in the Senate; and for other purposes. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Hawkins Y Heath Y Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer MONDAY, JANUARY 12, 2009 7 Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody N Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 55, nays 1, and the resolution was adopted. 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 13. By Representative Keen of the 179th: A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes. Senator Tate of the 38th introduced the doctor of the day, Dr. Robert Kaufmann. The following Senate legislation was introduced, read the first time and referred to committee: SB 5. By Senators Thomas of the 54th, Hill of the 4th, Harp of the 29th, Stoner of the 6th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. 8 JOURNAL OF THE SENATE SB 7. By Senator Tarver of the 22nd: 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 purposes of presenting certain evidence to a committee or subcommittee of the General Assembly; to amend Article 4 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to perjury and related offenses, so as to change certain provisions relating to false swearing; to provide a short title; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 8. By Senators Murphy of the 27th, Hawkins of the 49th, Williams of the 19th and Thomas of the 54th: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for possession and selfadministration of auto-injectable epinephrine by students; to provide for a definition; to provide for local board of education policies; to provide for requirements and conditions; to provide for disciplinary action for misuse of auto-injectable epinephrine; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 9. By Senators Douglas of the 17th, Rogers of the 21st, Goggans of the 7th, Murphy of the 27th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to carrying a concealed weapon, so as to repeal the requirement that such a weapon must be kept in a holster; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 10. By Senators Douglas of the 17th, Thomas of the 54th and Hawkins of the 49th: A BILL to be entitled an Act to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of a dangerous drug, so MONDAY, JANUARY 12, 2009 9 as to remove the exception for pseudoephedrine in a single dose unit of 60 milligrams or less; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 11. By Senator Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Code Section 42-9-45 of the Official Code of Georgia Annotated, relating to the general rule-making power of the State Board of Pardons and Paroles, so as to provide that the State Board of Pardons and Paroles shall issue a certificate of restoration of voting rights to each person convicted of a felony involving moral turpitude within 30 days following the completion of such person's sentence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 12. By Senator Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to prohibit the manufacture, sale, and possession in this state of handgun ammunition that does not contain a unique code; to provide for definitions; to provide for the creation of an ammunition coding system data base to be established by the Department of Public Safety; to require the registration of manufacturers and vendors; to require the obtaining and maintenance of certain information; to provide for penalties; to provide for exceptions; to provide for a fee to fund the operation and maintenance of the data base; to provide a tax credit for the purchase of ammunition coding equipment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 14. By Senators Douglas of the 17th, Rogers of the 21st, Goggans of the 7th, Murphy of the 27th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, so as to provide that no person who is on the national or state sex offender registry shall be 10 JOURNAL OF THE SENATE eligible for election to or service on a local board of education; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 15. By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Rogers of the 21st, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for quarantining and certified clean up of sites where methamphetamine was unlawfully manufactured; to define certain terms; to provide for notices of quarantine and the filing thereof in the offices of clerks of superior courts; to provide for lists of persons authorized to perform testing, clean up, and certify fitness of previously quarantined property; to provide for filing of certificates of fitness in the offices of clerks of superior courts; to provide for lifting of quarantines; to provide for a registry of quarantined properties and the removal of properties from such list; to provide for continued applicability of other provisions of said chapter; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 2. By Senators Seabaugh of the 28th, Rogers of the 21st, Williams of the 19th and Chance of the 16th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the reduction or elimination of local ad valorem taxation and replacement with a sales and use tax at any rate not to exceed 1 percent; 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 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: MONDAY, JANUARY 12, 2009 11 HR 16. 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 Day of the 163rd, Hanner of the 148th, Hill of the 180th, Holt of the 112th, Lane of the 167th, Smyre of the 132nd, Yates of the 73rd. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 17. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. The following communications were received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor April 25, 2008 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Ewing: Please let this letter serve as official notice that Senator Jack Hill is hereby appointed to the Senate Committee on Finance as an ex-officio member. This appointment is effective as of April 25, 2008. 12 JOURNAL OF THE SENATE Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor Casey Cagle Lieutenant Governor OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 April 25, 2008 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Ewing: Please let this letter serve as official notice that Senator Chip Rogers is hereby appointed to the Senate Appropriations Committee as an ex-officio member. This appointment is effective as of April 25, 2008. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 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 May 14, 2008 MONDAY, JANUARY 12, 2009 13 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 Dear Lieutenant Governor Cagle and Senator Johnson: I have vetoed Senate Bills 196, 345, and 553, and Senate Resolution 820, which passed the General Assembly in the 2008 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. I have also included signing statements for Senate Bill 276 and Senate Resolution 1063. Sincerely, /s/ Sonny Perdue Governor cc: The Honorable Glenn Richardson, Speaker of the House of Representatives The Honorable Karen Handel, Secretary of State The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk of the House of Representatives Mr. Robert F. Ewing, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 14, 2008 The Honorable Glenn Richardson Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Speaker Richardson: I have vetoed House Bills 119, 373, 552, 821, 828, 857, 887, 978, 1027, 1116, 1129, 1217, and 1249, which passed the General Assembly in the 2008 Regular Session. 14 JOURNAL OF THE SENATE 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. I have also included signing statements for House Bills 1245 and 1277. Sincerely, /s/ Sonny Perdue Governor cc: The Honorable Casey Cagle, Lieutenant Governor The Honorable Karen Handel, Secretary of State The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk of the House of Representatives Mr. Robert E. Ewing, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel Veto Number 1 HB 119 House Bill 119 raises the statutory compensation for Georgia's Supreme Court justices, Court of Appeals and Superior Court judges and District Attorneys. I have consistently expressed concern with raising judicial officers' salaries without tackling the well above-market retirement benefits. In addition, I commissioned a review of judicial pay in Georgia and found it in line with competitor states and various counsel. The same review also confirmed that the judiciary's retirement benefits are far above market average. I have seen no compelling data to the contrary. I disagree with those who have suggested that current judicial pay has diminished the quality of applicants for judicial office. Contrary to such critics, I continue to be impressed with the quality and character of those who offer themselves for public service in the State judiciary. I have full confidence in the abilities of those I have appointed to the bench as well as many of the candidates I have interviewed. These facts lead me to conclude that no data demonstrates a need to raise judicial compensation at this time, so I VETO House Bill 119. Veto Number 2 HB 373 House Bill 373 addresses two unrelated retirement issues: return to work and the transfer of credible service between retirement systems. The bill would allow retired members of the Uniformed Division of the Department of Public Safety to return to work full time, which runs counter to the purpose of retirement benefits and the choices made by those members who decided to retire. Whatever perceived ills this legislation seeks to address should be assuaged by my budget recommendation that includes funding for personnel at the Department. Thus, the fiscal and policy concerns I have about this legislation require me to VETO House Bill 373. MONDAY, JANUARY 12, 2009 15 Veto Number 3 HB 552 House Bill 552 authorizes the City of Snellville to act in a manner consistent with the Redevelopment Powers Act. At the request of the sponsors, I VETO House Bill 552 as duplicative of House Bill 1261. Veto Number 4 HB 821 House Bill 821 changes the compensation for the Office of Cobb County Solicitor-General. At the request of the authors, I VETO HB 821. Veto Number 5 HB 828 House Bill 828 would move Banks County from the Lanier Technical College service delivery area to the North Georgia Technical College service delivery area. It is my understanding that this legislation circumvented the normal process for making such a change: consulting the Department of Technical and Adult Education, now known as the Technical College System of Georgia. In order to allow the System to best plan for Georgia's students through discussions with the legislative branch, I VETO House Bill 828. Veto Number 6 HB 857 House Bill 857 increases the salary for the Sheriff of Washington County. Last year I vetoed legislation passed under similar circumstances, explaining that "The County Commission was not consulted before this legislation was introduced, but the County Commission must provide for the unfunded mandate contained in [the vetoed legislation] 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 identical reasons, I VETO House Bill 857. Veto Number 7 HB 887 House Bill 887 creates a Master Settlement Agreement Advisory Committee on Tobacco Use Prevention and Control Programs within the Department of Human Resources. It is my view that the Advisory Committee duplicates the duties of the Executive and the Legislative branches in representing the voices of Georgians. I am not convinced that that various groups named to the Committee lack access to Georgia's policy makers. I am also concerned that other groups might have been inadvertently omitted or overlooked. I am confident that my Administration and the General Assembly remain open to input from all Georgians on this issue. Consequently, I VETO House Bill 887. 16 JOURNAL OF THE SENATE Veto Number 8 HB 978 House Bill 978 requires that law enforcement officers impound the vehicle of any person caught driving without a valid driver's license. While it does provide three exceptions (1) persons driving with an expired license; (2) first-time offenders that are under 17 years of age; and (3) persons otherwise exempt from carrying a Georgia drivers' license it mandates impoundment in all other circumstances. To help address what I believe to be the concerns of this legislation's author, I have already signed Senate Bill 350, which enhances the penalties for driving without a valid drivers' license. However, because I believe that officers should have discretion to determine when a vehicle should be impounded, and because I am concerned about how this legislation will impact new residents to Georgia, I cannot sign House Bill 978. I therefore VETO House Bill 978. Veto Number 9 HB 1027 House Bill 1027 would allow certain offenders to take online driver improvement programs. It maintains a fee of $75.00 for classroom courses and Internetbased programs through May 31, 2008; subsequently, both online and classroom courses may charge no more than $75.00. I believe that the delivery of online classes should be less expensive than classroom courses, which is not wholly reflected in House Bill 1027. More importantly, I have serious concerns about the integrity of a punishment that permits habitual violators of Georgia's traffic laws to take online courses. For these reasons, I VETO House Bill 1027. Veto Number 10 HB 1116 House Bill 1116 extends the sunset on the Probation Management Act. It also raises the statutory minimum amount that the State Treasury must reimburse county governments for housing persons convicted of felonies from $7.50 to $25.00, an over 333% increase, per day commencing on the fifteenth day after receipt of sentencing documents. The latter provision will not be effective until 2010. I support the extension of the Probation Management Act, but I believe decisions about compensation for counties should be made in the budget not statute. Accordingly, I VETO House Bill 1116. Veto Number 11 HB 1129 House Bill 1129 provides sales tax refunds for certain tourism related projects. Anytime the State uses public funds to subsidize companies locating or expanding in Georgia, we have an obligation to insure that the economic development returns exceed the investment. To these ends, I have charged the Department of Economic Development to use prudently the incentives available under existing law to attract tourism companies to locate in Georgia. Given these principles, I am not persuaded that the fiscal costs of this legislation outweigh the potential benefits. First, MONDAY, JANUARY 12, 2009 17 the case has not been made that companies' decisions to locate tourism attractions are based on tax incentives rather than traffic, demographics and other objective factors. Georgia will, therefore, likely not achieve the full benefit of net new jobs that are expected from this legislation. Second, imposing an incentive structure like the one in House Bill 1129 could result in excessive application, and it could create a perceived entitlement for new and existing Georgia companies. Put differently, codifying potential tourism incentives sets a floor in negotiations, and I believe it raises the expectation for additional incentives. It is preferable to handle each project on a case-by-case basis, which may include with the approval of the General Assembly some of the types of incentives provided in House Bill 1129. Given these concerns, I cannot support and therefore VETO House Bill 1129. Veto Number 12 HB 1217 House Bill 1217 provides a regime to license Georgia's home inspectors. I am cognizant and respectful of the fact that the advocates for the legislation chose to use and were approved by the Georgia Occupational Regulation Review Council (GORRC). I have come to believe that GORRC review should be the initial threshold for the creation of a new licensing board. I am also aware that the private sector provides several, voluntary professional organizations to achieve the goals of the legislation. It is my preference that the market not the State regulate as many of our industries as possible. Thus, in order to not supplant the good work of the free market with taxpayer funds, I VETO House Bill 1217. Veto Number 13 HB 1249 House Bill 1249 provides several new tax credits related to solar energy companies establishing or expanding a headquarters in Georgia. I support the location and expansion of clean energy companies in Georgia, but the precedent set by this legislation is too costly to be applied across the board. Specifically, House Bill 1249 provides overly generous tax subsidies for (1) research and development; (2) jobs; and (3) capital construction. It allows the tax credits to be offset against withholding or sales and use taxes owed to the extent the beneficiary's tax credit exceed its taxable income. The cost of this legislation that currently benefits only one company in Georgia is over $4 million in State revenue. Because of my concern that this rich package will be the perceived standard for similar industries in Georgia, I am compelled to VETO House Bill 1249. Veto Number 14 SB 196 Senate Bill 196, like House Bill 311, expands on the HERO scholarship program. I have already expanded the reach of the HERO program by signing House Bill 311. The differences between this legislation and the existing and expanded program 18 JOURNAL OF THE SENATE make it difficult to administer. Beyond this, the General Assembly appropriated no funds to implement Senate Bill 196. For these reasons, I VETO Senate Bill 196. Veto Number 15 SB 345 Senate Bill 345 mandates Georgia's participation in the Interstate Compact on Educational Opportunity for Military Children, which would assess unspecified fees on Georgia to be appropriated by the General Assembly. Should the General Assembly fail to appropriate the undetermined amount, the proposed compact would subject the State of Georgia to a lawsuit to recover funds. I cannot support a self-perpetuating financial obligation imposed on Georgia tax payers. I fully support efforts to enhance the quality of life for children of military families stationed in Georgia, and I encourage the Department of Education to adopt policies to reach these ends. I believe, however, that the proposed compact represents an abdication and unconstitutional binding of the Legislature's powers of appropriation. I therefore VETO Senate Bill 345. Veto Number 16 SB 553 Senate Bill 553 changes the corporate limits of the City of Ringold. At the request of a member of the local delegation, I VETO Senate Bill 553 to allow the parties time to resolve the matter without State intervention. Veto Number 17 SR 820 Senate Resolution 820 creates a Joint Study Committee to examine law enforcement within the Department of Natural Resources. The stated objective of the Study Committee is to "undertake a study of the conditions, needs, issues, and problems" facing the Department of Natural Resources, but the proposed study committee fails to include any representation from the Executive Branch. It is my belief that formal examinations of an Executive Agency should include representatives from the Executive Branch of government. For this reason, I VETO Senate Resolution 820. Signing Statement 1 HB 1245 I signed House Bill 1245 because it provides necessary changes to Georgia's Public Defender Standards Council, and it rightly restricts the use of senior judges in capital cases. But in addition to those matters, Section 13 of the legislation extends the sunset for what is known as "Joshua's Law," a program that imposes additional fees on persons convicted of moving violations to help pay for driver education. Irrespective of the merits of extending Joshua's Law, Article 3, Section 5, Paragraph 3 of the Georgia Constitution provides that "no bill shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof." Put simply, statutes should be limited to a single subject so that the members of the General Assembly may cast informed votes on the important matters before them. Extending Joshua's Law due to a last minute conference committee MONDAY, JANUARY 12, 2009 19 addition violates at least the spirit of the single subject rule. However, I believe the benefits of this legislation outweigh the harm in this case. By this signing statement, however, I am expressing my concern with non-germane amendments inserted at the eleventh hour, and I hope the members of the General Assembly will agree with me during the next legislative session. Signing Statement 2 HB 1277 House Bill 1277 provides access to the State Health Benefit Plan for charter school employees. I support this policy, and I am appreciative that the sponsor of the legislation worked with my Administration during the session to resolve those concerns that made me veto a similar bill last year. My signing of this legislation should not be considered acquiescence of any other employee benefits beyond policy makers' intent to allow charter school employees to enroll in the State Health Benefit Plan; no other aspect of a charter school employee's employment is affected by my signing of House Bill 1277. Signing Statement 3 SB 276 I signed Senate Bill 276 because I believe the market should be allowed to regulate automobile insurance rates in order to provide flexibility for Georgia's drivers and insurers. I also believe that providing insurers access to a market largely free from rate regulation provides economic development advantages to Georgia. Despite statements to the contrary, approximately half of the states do not regulate the price of automobile insurance, and my study of the issue revealed no discernable difference between rates of automobile insurance in regulated and unregulated states. Further, it is important to me that rates of automobile insurance policies that contain only the mandatory provisions must still obtain the approval of the Department of Insurance. I am also taking the automobile insurance industry at its word that it will embark on an education campaign to inform Georgians of the ability to opt-out of the stacking provision contained in this legislation. Importantly, however, policymakers will be watching to make sure that the freedoms provided in this legislation will not be abused. Signing Statement 4 SR 1063 Senate Resolution 1063 urges the Georgia Environmental Protection Division (EPD) to adopt an appropriate water quality standard for the Savannah Harbor, a process that is currently underway by EPD. I support this effort. In fact, EPD has already briefed the DNR Board on the need for a Savannah Harbor dissolved oxygen standard and expects to brief the DNR Board on the specific standard to be recommended in June 2008. EPD has worked closely with USEPA, South Carolina, the Georgia Ports Authority, industry and other affected stakeholders to determine a standard that can be approved by USEPA. SR 1063 identifies the "modified Virginia Province" as the correct approach for the development of a new standard; however, this is only one of several 20 JOURNAL OF THE SENATE approaches already being considered by EPD. The final approach and resulting standard determined by the EPD process currently underway must be one that is suited to the hydrologic and environmental characteristics of the lower Savannah River watershed in Georgia and South Carolina. Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 14, 2008 The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 The Honorable Glenn Richardson Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Gentlemen: Please be advised that I have line item vetoed the appropriations below and identified language to disregard for the following Sections in House Bill 990: Vetoes: Section 21, pertaining to the Department of Economic Development, page 73, line 2499; Section 21, pertaining to the Department of Economic Development, page 73, line 2500; Section 21, pertaining to the Department of Economic Development, page 73, line 2502; Section 21, pertaining to the Department of Economic Development, page 73, line 2503; Section 22, pertaining to the Department of Education, page 87, line 2954; Section 26, pertaining to the Department of Human Resources, page 125, line 4245; Section 29, pertaining to the Department of Juvenile Justice, page 141, line 4788; Section 37, pertaining to the Department of Public Safety, page 164, line 5581; Section 37, pertaining to the Department of Public Safety, page 167, line 5705; Section 39, pertaining to the Board of Regents, page 175, line 5998; Section 39, pertaining to the Board of Regents, page 178, line 6087; Section 45, pertaining to the Department of Technical and Adult Education, page 201, line 6893; Section 45, pertaining to the Department of Technical and Adult Education, page 202, line 6914; Section 46, pertaining to the Department of Transportation, page 204, line 6982; Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 213-214, line 7303; Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 214, line 7305; MONDAY, JANUARY 12, 2009 21 Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 224, line 7405; Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 224, line 7406; Non-Binding Information Language to Disregard: Section 16, pertaining to the Department of Community Health, page 49, line 1718; Section 16, pertaining to the Department of Community Health, page 49, line 1719; Section 16, pertaining to the Department of Community Health, page 51, line 1777; Section 16, pertaining to the Department of Community Health, page 53, line 1825; Section 22, pertaining to the Department of Education, page 80, line 2722; Section 26, pertaining to the Department of Human Resources page 122, line 4144; The Veto Messages and Language are enclosed for each item referenced above. Sincerely, /s/ Sonny Perdue Governor cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Karen Handel, Secretary of State The Honorable Jack Hill, Chairman, Senate Appropriations Committee The Honorable Ben Harbin, Chairman, House Appropriations Committee Mr. Robert F. Ewing, Secretary of the Senate Mr. Robert E. Rivers, Jr., Clerk of the House of Representatives Mr. Sewell R. Brumby, Legislative Counsel Vetoes HB 990 FY 2009 Appropriations Bill Vetoes and Language Strikes Section 21, pertaining to the Department of Economic Development, page 73, line 2499: The General Assembly appropriated $125,000 in state general funds to the Tourism program for the development of a five year business plan for the Georgia Tourism Foundation. The initial state investment of $1.2 million in the Foundation was intended to generate significant private investment in tourism development. The sustainability of the foundation is dependent on the success of this public-private partnership. The Tourism Foundation has been charged to raise funds from outside sources for their five year business plan. Therefore, I veto the appropriation of $125,000 contained in this proviso. 22 JOURNAL OF THE SENATE Section 21, pertaining to the Department of Economic Development, page 73, line 2500: The General Assembly earmarked $150,000 in state general funds to the Tourism program for the restoration of Augusta's historic Powder Works chimney. State support for this project is not justified. Therefore, I veto the appropriation of $150,000 contained in this proviso. Section 21, pertaining to the Department of Economic Development, page 73, line 2502: The General Assembly appropriated $3,000,000 in state general funds to the Tourism program for the National Infantry Museum. The state has fulfilled its commitment to the National Infantry Museum with the $5,000,000 appropriation in the fiscal year 2008 budget. Therefore, I veto the appropriation of $3,000,000 contained in this proviso. Section 21, pertaining to the Department of Economic Development, page 73, line 2503: The General Assembly appropriated $250,000 in state general funds to the Tourism program for the Georgia International and Maritime Trade Center Authority to perform an economic impact and environmental improvement study. The State of Georgia issued a total of $17.7 million in bonds for the Trade Center in 1994 and 1995 and still has outstanding debt service of nearly $6 million. The local community has reaped significant economic benefit from the state's investment and should shoulder the financial investment involved in the feasibility study. Therefore, I veto the appropriation of $250,000 contained in this proviso. Section 23, pertaining to the Department of Education, page 87, line 2954: The General Assembly appropriated $900,000 in state general funds to the Technology/Career Education program in order to provide funds for a Classroom Technology initiative. Classroom technology is important as evidenced by my FY '09 budget recommendation of $17,696,972 in state funds and $52,975,212 in total funds for the Technology/Career Education program as a whole. While classroom technology is important, the failure to fund such a classroom technology initiative comprehensively or demonstrate the need for such funding on a limited basis is the fatal flaw. Therefore, I veto the appropriation of $900,000 contained in this proviso. Section 26, pertaining to the Department of Human Resources, page 125, line 4245: The General Assembly appropriated $31,007 in state general funds for the Brain and Spinal Injury Trust Fund program to provide for increased operating expenses. The trust MONDAY, JANUARY 12, 2009 23 fund operates efficiently from annual DUI fines. State general fund support for this program is not justified. Therefore, I veto this appropriation. Section 29, pertaining to the Department of Juvenile Justice, page 141, line 4788: The General Assembly earmarked $600,000 in the Children and Youth Coordinating Council for "Connecting Henry, Inc." to provide for a multi-jurisdictional collaborative to address the high drop out rate in the community. I am supportive of the goals of this collaborative and encourage them to work creatively with the local school system and our graduation and community coaches towards the goal of lowering the drop out rate in Henry County. Given the myriad of other initiatives in this state directed towards this laudable goal and the equivalent need in other communities for similar services, I cannot justify an earmark of state funds for this particular collaborative. Nonetheless, funding is also available on a competitive basis through the Governor's Office for Children and Families for these types of activities. Therefore, I veto the appropriation of $600,000 contained in this proviso. Section 37, pertaining to the Department of Public Safety, page 164, line 5581: The General Assembly appropriated $250,000 in state general funds to the Field Offices and Services program for the purchase of equipment for the Columbia County State Patrol Post. This is a new location for the State Patrol Post currently in Thomson, McDuffie County. Equipment and other associated expenses will be transferred from the Thomson location. This appropriation was given higher priority by the General Assembly than funding for the 87th trooper school which would have resulted in at least 50 additional troopers in FY09. Sufficient funding exists within the Department of Public Safety to cover any additional costs incurred as a result of the transfer. Therefore, I veto the appropriation of $250,000 contained in this proviso. Section 37, pertaining to the Department of Public Safety, page 167, line 5705: The General Assembly appropriated $250,000 in state general funds to the Public Safety Training Center to fund expenses for the North Central Georgia Law Enforcement Academy. This appropriation seeks to almost double the $271,952 annual contract currently between the Georgia Public Safety Training Center and the Cobb County Commission. This increase would create significant inequities with the other regional law enforcement academies. As stated in the veto message for this item in House Bill 989, increases for law enforcement academies should be managed on a fair and equitable basis for all academies. Therefore, I veto the appropriation of $250,000 contained in this proviso. Section 39, pertaining to the Board of Regents, page 175, line 5998: The General Assembly appropriated $360,000 in state general funds to the Public Service/Special Funding Initiatives program for the Georgia Water Planning and Policy Center at Albany State University and Georgia Southern University. $11,100,000 will be 24 JOURNAL OF THE SENATE available for water planning and projection modeling as a part of the implementation of the statewide water plan. The university system is expected to be an active participant in these planning activities. Directed and earmarked state funding for this program is not justified. Therefore, I veto the appropriation of $360,000 contained in this proviso. Section 39, pertaining to the Board of Regents, page 178, line 6087: The General Assembly appropriated $200,000 in state general funds to the Teaching program for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. This program was not identified by the Board of Regents or Kennesaw State University as a priority for the Teaching program in FY09. I support the use of state facilities and staff at Kennesaw State University to plan and implement this program in conjunction with local community support; however, due to the unspecified need associated with this project and other priorities within the Teaching program, I veto the appropriation of $200,000 contained in this proviso. Section 45, pertaining to the Department of Technical and Adult Education, page 201, line 6893: The General Assembly appropriated $25,000 to the Economic Development (QuickStart) program for Base Closure and Realignment (BRAC) job retraining program for Atlanta Technical College. The Department has indicated it has sufficient funding to undertake this activity without an additional appropriation. Therefore, I veto the appropriation of $25,000 contained in this proviso. Section 45, pertaining to the Department of Technical and Adult Education, page 202, line 6914: The General Assembly appropriated $250,000 in state general funds to the Technical Education program for the creation of a college and technical facility in Catoosa County at Bentley Place. This facility is not on the Department's priority list for expansion. Due to the unspecified need associated with this project and other priorities within the Technical Education program, I veto the appropriation of $250,000 contained in this proviso. Section 46, pertaining to the Department of Transportation, page 204, line 6982: The General Assembly earmarked $5,200,000 in state general funds to the Airport Aid program for the Paulding County Regional Airport ($4,000,000), Cherokee County Airport Authority ($700,000), and the Glynn County Airport Commission ($500,000). State funding for airports is currently determined in accordance with statewide priorities for air transport and is awarded on a competitive basis. Local communities are encouraged to seek funding from Airport Aid at the Department of Transportation ($23 MONDAY, JANUARY 12, 2009 25 million available in FY09) and the AirGeorgia program at the OneGeorgia Authority ($15 million available in FY09). Therefore, I veto the appropriation of $5,200,000 contained in this proviso. Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 213-214, line 7303: This language authorizes the appropriation of $683,200 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 through the issuance of $8,000,000 in 20year bonds. 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 213, line 7303) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $683,200. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 214, line 7305: This language authorizes the appropriation of $1,155,000 in debt service to finance educational facilities for county and independent school systems through the State Board of Education specifically for career and vocational equipment per House Bill 905 through the issuance of $5,000,000 in 5-year bonds. Due to the failure of the passage of House Bill 905, the availability of other funds for equipment purchases, and due to the limitations on additional debt contained in the state's debt management plan, I veto this language (page 214, line 7305) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $1,155,000. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 224, line 7405: This language authorizes the appropriation of $657,580 in debt service to finance projects and facilities for the Department of Transportation, specifically for rail lines for Lyerly to Coosa, Nunez to Vidalia, Ardmore to Sylvania, St. Augustine Road Rail Switching Yard Expansion and McNatt Boulevard Extension rail crossing through the issuance of $7,700,000 in 20-year 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 224, line 7405) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $657,580. 26 JOURNAL OF THE SENATE Section 49, pertaining to the General Obligation Debt Sinking Fund, page 224, line 7406: This language authorizes the appropriation of $170,800 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 224, line 7406) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $170,800. Non-Binding Information Language to Disregard Certain language contained in this appropriation bill is included for informational purposes and thus does not constitute an appropriation. Because the language is not an appropriation, it is non-binding, and the Governor may authorize the agencies to utilize those funds in accordance with the overall purpose of the appropriation and within the general law authority of the agency. Passages of non-binding information language to disregard are included below. Section 16, pertaining to the Department of Community Health, page 49, line 1718: The General Assembly seeks to earmark $1,000,000 in state general funds in the Health Care Access and Improvement program for the Georgia Association of Primary Health Care by instructing the department to enter into a contract with the association. Additional language instructs the department to pay the contractor in three allotments, upon the performance of certain tasks and to direct funding to Centers in Montgomery County, Jones County, Clarke County and Effingham County. Pursuant to the general law powers of the department, the department is authorized to utilize appropriate procurement and vendor management procedures to ensure that program services intended by the General Assembly are provided in a fair, equitable, efficient and effective manner. The named contractor in this earmark is not prohibited from participating in the department's procurement process. Section 16, pertaining to the Department of Community Health, page 49, line 1719: The General Assembly seeks to earmark $1,000,000 in state general funds in the Health Care Access and Improvement program for the Georgia Association of Primary Health Care by instructing the department to enter into a contract with the association. Additional language instructs the department to pay the contractor in three allotments, upon the performance of certain tasks and to direct funding to four named centers. Pursuant to the general law powers of the department, the department is authorized to MONDAY, JANUARY 12, 2009 27 utilize appropriate procurement and vendor management procedures to ensure that program services intended by the General Assembly are provided in a fair, equitable, efficient and effective manner. The named contractor in this earmark is not prohibited from participating in the department's procurement process. Section 16, pertaining to the Department of Community Health, page 51, line 1777: The General Assembly seeks to instruct the department to provide a rate increase for Psychological Residential Treatment Facilities (PRTFs) within the Low-Income Medicaid program by increasing the cap on the per diem rate to be consistent with other states and sufficient to reimburse all covered behavioral health. As the Centers for Medicare and Medicaid Services (CMS) must approve a rate increase before federal matching funds may be received, the department is authorized to pursue CMS authorization of a rate update based on the 2006 cost report and according to CMS payment guidelines. Section 16, pertaining to the Department of Community Health, page 53, line 1825: The General Assembly seeks to instruct the department to adjust pharmacy benefit manager reimbursement rates to independent pharmacies to Average Wholesale Price 13% + $3.41 per script dispensing fee in the State Health Benefit Plan program. This language circumvents the department's effort to negotiate competitive rates in accordance with benefit plan management practices. The department is authorized to maintain reimbursement rates in accordance with the purpose of the program and the Department's general law powers. Section 22, pertaining to the Department of Education, page 80, line 2722: The General Assembly provided $384,375 in state general funds for the Georgia Virtual Academy in the Foreign Language program. This funding would be limited to 1,250 elementary students enrolled at the Georgia Virtual Academy. The Department is authorized to utilize this funding to provide foreign language media materials to all elementary schools in accordance with the purpose of the program and the general law powers of the Department. Section 26, pertaining to the Department of Human Resources, page 122, line 4144: The General Assembly seeks to instruct the department to provide a rate increase for Psychological Residential Treatment Facilities, (PRTF's) by increasing the cap on the per diem rate. The Department is authorized to adjust the cap on the per diem rate based on the 2006 cost report in accordance with its general law powers and not to exceed budgeted state funds. 28 JOURNAL OF THE SENATE The following communications were received by the Secretary: LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 May 30, 2008 Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Secretary of State Handel: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Steve Farrow was elected as the member of the State Transportation Board from the Ninth Congressional District. He will serve for a term expiring April 15, 2013. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell R. Brumby Legislative Counsel LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Steve Farrow 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. MONDAY, JANUARY 12, 2009 29 This 30th day of May, 2008. /s/ Casey Cagle Lieutenant Governor /s/ Glenn Richardson Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (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 May 29, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Steve Farrow was elected as the member of the State Transportation Board from the Ninth Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, /s/ Tom Graves Representative, District 12 Chairman /s/ Ron Forster Representative, District 3 Secretary LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334 July 22, 2008 30 JOURNAL OF THE SENATE Dear Secretary of State Handel: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Brandon Beach was elected as the member of the State Transportation Board from the Sixth Congressional District. He will serve for a term expiring April 15, 2009. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell R. Brumby Legislative Counsel LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Brandon Beach 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 Sixth Congressional District for a term expiring April 15, 2009. /s/ Casey Cagle Lieutenant Governor /s/ Glenn Richardson Speaker, House of Representatives Sonny Perdue Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 November 24, 2008 MONDAY, JANUARY 12, 2009 31 Mr. Secretary, I am pleased to announce that for the 2009-2010 Session of the Georgia General Assembly the Honorable Ronnie Chance, the Honorable Bill Heath, and the Honorable Bill Cowsert will serve my team as Administration Floor Leaders. Please afford them all due rights and compensation in accordance with their positions. If I can be of any service, do not hesitate to contact my Government Affairs team at 404651-7763. Sincerely, /s/ Sonny Perdue OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 7, 2009 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Please let this letter serve as official notice that Senator Bill Heath, 31st is hereby appointed to the Senate Committee on Transportation as an Ex-Officio Member. This appointment is effective immediately. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor 32 JOURNAL OF THE SENATE January 6, 2009 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Secretary Ewing, Please find attached the Committee Assignments for the 2009 Session of the Georgia State Senate. These appointments are effective immediately. Please do not hesitate to contact my office if you have any questions or concerns. I look forward to working closely with you and your staff towards a successful Legislative Session. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia attachment 1 2009 Committee Assignments attachment 2 2009 Committee Assignments by Senator Copy: Senator Tommie Williams Senator Chip Rogers Robyn Underwood, Fiscal Office Sewell Brumby, Legislative Counsel Dr. Carolyn Bourdeaux, SBO Jill Fike, SRO Regan Weber, SPO Georgia State Senate 2009 Committee Assignments Committee Officers Members Appropriations (30) 1 Chairman Hill, Jack 2 Vice-Chairman Goggans, Greg 3 Secretary Golden, Tim 4 Balfour, Don 5 Bulloch, John 6 Cowsert, Bill 7 Douglas, John 8 Fort, Vincent MONDAY, JANUARY 12, 2009 33 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Ex-Officio 32 Ex-Officio Agriculture and Consumer Affairs (7) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 10 Ex-Officio 11 Ex-Officio Banking and Financial Institutions (10) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 Williams, Tommie Grant, Johnny Hamrick, Bill Harp, Seth Heath, Bill Henson, Steve Hooks, George Jackson, Bill Moody, Dan Mullis, Jeff Murphy, Jack Pearson, Chip Seabaugh, Mitch Seay, Valencia Smith, Preston Staton, Cecil Tarver, Ed Tate, Horacena Thomas, Don Thompson, Steve Tolleson, Ross Unterman, Renee Wiles, John Rogers, Chip Bulloch, John Hudgens, Ralph Hawkins, Lee Goggans, Greg Orrock, Nan Powell, J.B. Jackson, Lester Heath, Bill Johnson, Eric Hamrick, Bill Hudgens, Ralph Tarver, Ed Bulloch, John Harbison, Ed Murphy, Jack 34 JOURNAL OF THE SENATE 7 8 9 10 11 Ex-Officio 12 Ex-Officio Economic Development (12) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 12 13 Ex-Officio Education and Youth (10) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 Ex-Officio 12 Ex-Officio 13 Ex-Officio Ethics (13) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 Rogers, Chip Shafer, David Crosby, John Thompson, Steve Goggans, Greg Mullis, Jeff Pearson, Chip Murphy, Jack Butterworth, Jim Brown, Robert Chance, Ronnie Hooks, George Jackson, Bill Mullis, Jeff Buckner, Gail Rogers, Chip Tarver, Ed Thompson, Curt Harp, Seth Weber, Dan Moody, Dan Thomas, Don Balfour, Don Butterworth, Jim Fort, Vincent Buckner, Gail Powell Sims, Freddie Ramsey, Sr., Ronald Tate, Horacena Williams, Tommie Jackson, Bill Johnson, Eric Johnson, Eric Hooks, George Crosby, John Douglas, John Butler, Gloria Hamrick, Bill MONDAY, JANUARY 12, 2009 35 7 8 9 10 11 Finance (10) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 Ex-Officio 12 Ex-Officio Government Oversight (11) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 12 Ex-Officio Health and Human Services (13) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 Hill, Jack Jackson, Lester Reed, Kasim Stoner, Doug Thomas, Don Chance, Ronnie Williams, Tommie Rogers, Chip Goggans, Greg Golden, Tim Heath, Bill Johnson, Eric Seabaugh, Mitch Shafer, David Thompson, Steve Hill, Jack Staton, Cecil Unterman, Renee Chance, Ronnie Henson, Steve Goggans, Greg Golden, Tim Grant, Johnny Harp, Seth Heath, Bill Mullis, Jeff Tarver, Ed Buckner, Gail Thomas, Don Thomas, Don Unterman, Renee Goggans, Greg Balfour, Don Butler, Gloria Grant, Johnny Hawkins, Lee Henson, Steve 36 JOURNAL OF THE SENATE 9 10 11 12 13 14 Ex-Officio 15 Ex-Officio 16 Ex-Officio Higher Education (9) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 Insurance and Labor (9) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 Ex-Officio 11 Ex-Officio Interstate Cooperation (5) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 Judiciary (11) 1 Chairman 2 Vice-Chairman Hill, Judson Smith, Preston Tate, Horacena Wiles, John Jackson, Lester Orrock, Nan Shafer, David Adelman, David Harp, Seth Cowsert, Bill Douglas, John Chance, Ronnie Golden, Tim Orrock, Nan Thompson, Curt Jackson, Lester Crosby, John Hudgens, Ralph Shafer, David Moody, Dan Brown, Robert Chapman, Jeff Golden, Tim Harbison, Ed Ramsey, Sr., Ronald Rogers, Chip Murphy, Jack Pearson, Chip Harbison, Ed Orrock, Nan Jones, Emanuel Powell, J.B. Buckner, Gail Smith, Preston Harp, Seth MONDAY, JANUARY 12, 2009 37 3 Secretary 4 5 6 7 8 9 10 11 12 Ex-Officio Hamrick, Bill Brown, Robert Cowsert, Bill Fort, Vincent Hill, Judson Reed, Kasim Wiles, John Crosby, John Adelman, David Seabaugh, Mitch Natural Resources and the Environment (11) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 12 Ex-Officio 13 Ex-Officio Tolleson, Ross Bulloch, John Hudgens, Ralph Chapman, Jeff Hawkins, Lee Henson, Steve Hill, Jack Hooks, George Jackson, Bill Weber, Dan Powell Sims, Freddie Cowsert, Bill Powell, J.B. Public Safety (8) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 Ex-Officio 10 Ex-Officio Murphy, Jack Mullis, Jeff Chapman, Jeff Butler, Gloria Jones, Emanuel Seay, Valencia Powell Sims, Freddie Crosby, John Douglas, John Grant, Johnny Reapportionment and Redistricting (15) 1 Chairman 2 Vice-Chairman 3 Secretary 4 Hill, Judson Hawkins, Lee Seabaugh, Mitch Brown, Robert 38 JOURNAL OF THE SENATE 5 6 7 8 9 10 11 12 13 14 15 Regulated Industries and Utilities (10) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 Ex-Officio 12 Ex-Officio 13 Ex-Officio Retirement (7) Rules (14) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 Ex-Officio 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 Chance, Ronnie Cowsert, Bill Fort, Vincent Harbison, Ed Hudgens, Ralph Moody, Dan Rogers, Chip Shafer, David Smith, Preston Williams, Tommie Henson, Steve Shafer, David Johnson, Eric Harbison, Ed Butler, Gloria Henson, Steve Hill, Jack Seabaugh, Mitch Stoner, Doug Williams, Tommie Unterman, Renee Moody, Dan Murphy, Jack Tolleson, Ross Heath, Bill Chance, Ronnie Powell Sims, Freddie Butterworth, Jim Staton,Cecil Stoner, Doug Tate, Horacena Murphy, Jack Balfour, Don Hamrick, Bill Seabaugh, Mitch Adelman, David Butler, Gloria Hill, Jack MONDAY, JANUARY 12, 2009 39 7 8 9 10 11 12 13 14 15 Ex-Officio 16 Ex-Officio 17 Ex-Officio Hooks, George Johnson, Eric Moody, Dan Pearson, Chip Smith, Preston Thomas, Don Tolleson, Ross Williams, Tommie Rogers, Chip Shafer, David Unterman, Renee Science and Technology (5) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 Ex-Officio 7 Ex-Officio Staton, Cecil Heath, Bill Powell, J.B. Orrock, Nan Jackson, Lester Shafer, David Thomas, Don Special Judiciary (9) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 Ex-Officio Wiles, John Adelman, David Hill, Judson Cowsert, Bill Harp, Seth Ramsey, Sr., Ronald Reed, Kasim Tarver, Ed Weber, Dan Thompson, Curt State and Local Governmental Operations (7) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 Ex-Officio Hawkins, Lee Grant, Johnny Weber, Dan Wiles, John Jones, Emanuel Ramsey, Sr., Ronald Reed, Kasim Butterworth, Jim 40 JOURNAL OF THE SENATE State Institutions and Property (7) 1 Chairman 2 Vice-Chair 3 Secretary 4 5 6 7 8 Ex-Officio Transportation (10) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 Ex-Officio 12 Ex-Officio 13 Ex-Officio Grant, Johnny Stoner, Doug Seay, Valencia Fort, Vincent Powell, J.B. Thompson, Curt Buckner, Gail Williams, Tommie Mullis, Jeff Pearson, Chip Jackson, Bill Tolleson, Ross Douglas, John Reed, Kasim Seay, Valencia Staton, Cecil Stoner, Doug Thompson, Steve Goggans, Greg Hill, Judson Heath, Bill Urban Affairs (12) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 8 9 10 11 12 13 Ex-Officio 14 Ex-Officio 15 Ex-Officio Adelman, David Wiles, John Ramsey, Sr., Ronald Henson, Steve Hill, Judson Jones, Emanuel Orrock, Nan Reed, Kasim Seay, Valencia Stoner, Doug Tate, Horacena Buckner, Gail Butler, Gloria Fort, Vincent Thompson, Curt MONDAY, JANUARY 12, 2009 41 Veterans, Military and Homeland Security (6) 1 Chairman 2 Vice-Chairman 3 Secretary 4 5 6 7 Ex-Officio 8 Ex-Officio 9 Ex-Officio Douglas, John Chapman, Jeff Brown, Robert Butterworth, Jim Jones, Emanuel Thompson, Curt Jackson, Bill Murphy, Jack Staton, Cecil Committee On Assignments (Senate Rule 2-1.1) 1 President of Senate Cagle, Casey 2 President Pro Tempore Williams, Tommie 3 Majority Leader Rogers, Chip 4 Pres. App. 1 Balfour, Don 5 Pres. App. 2 Seabaugh, Mitch 6 Pres. App. 3 Mullis, Jeff 7 Ex-O Hill, Jack 8 Ex-O Moody, Dan 9 Ex-O Pearson, Chip Committee on Administrative Affairs (Senate Rule 2-1.2) 1 President of Senate Cagle, Casey 2 President Pro Tempore Williams, Tommie 3 Majority Leader Rogers, Chip 4 Minority Leader Brown, Robert 5 Secretary of the Senate Ewing, Bob 6 Pres. App. 1 Moody, Dan 7 Pres. App. 2 Pearson, Chip 8 Pres. App. 3 Wiles, John Joint Legislative Ethics Committee (O.C.G.A. 45-10-91) SENATE 1 Co-Chair Williams, Tommie 2 Harp, Seth 3 Hill, Jack 4 Hooks, George 5 Brown, Robert MARTOC - JOINT COMMITTEE SENATE 1 Vice-Chairman Wiles, John 42 JOURNAL OF THE SENATE 2 Fort, Vincent 3 Grant, Johnny 4 Heath, Bill 5 Hill, Judson 6 Stoner, Doug 7 Shafer, David Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, January 13, 2009. The motion prevailed, and the President announced the Senate adjourned at 11:30 a.m. TUESDAY, JANUARY 13, 2009 43 Senate Chamber, Atlanta, Georgia Tuesday, January 13, 2009 Second Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 19. By Senators Shafer of the 48th, Mullis of the 53rd, Adelman of the 42nd, Stoner of the 6th, Chance of the 16th and others: 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 generally, so as to provide authorization for the State Road and Tollway Authority to enter into certain contracts with the Department of Transportation for the better management of their respective finances; 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 20. By Senators Pearson of the 51st, Rogers of the 21st, Seabaugh of the 28th, Williams of the 19th and Mullis of the 53rd: 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 penalties; 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 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 44 JOURNAL OF THE SENATE penalties; 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 21. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Tolleson of the 20th 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 state's various budget units be dedicated to projects and contracts involving small businesses; 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. SR 7. By Senators Mullis of the 53rd, Rogers of the 21st, Hawkins of the 49th, Douglas of the 17th, Shafer of the 48th and others: A RESOLUTION urging the federal Internal Revenue Service to remove the tax-exempt organization status of ACORN and its associated subsidiary organizations; and for other purposes. Referred to the Rules Committee. SR 12. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Tolleson of the 20th, Mullis of the 53rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the payment of rewards to the first person or firm or combination thereof which puts down and brings in the first commercial oil well in this state and to the first person or firm or combination thereof which puts down and brings in the first commercial natural gas well in this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Natural Resources and the Environment Committee. TUESDAY, JANUARY 13, 2009 45 SR 15. By Senators Shafer of the 48th, Hill of the 32nd, Adelman of the 42nd, Williams of the 19th, Unterman of the 45th and others: A RESOLUTION expressing solidarity with Israel in its defense against terrorism in the Gaza Strip; and for other purposes. Referred to the Rules Committee. The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Harbison of the 15th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Butler Chance Chapman Cowsert Douglas Goggans Golden Grant Hamrick Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson, L Jackson,W Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Thomas Thompson, C Unterman Weber Wiles Williams Not answering were Senators: Bulloch Fort (Excused) Tate Butterworth Harbison (Excused) Thompson, S. Crosby Johnson Tolleson The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Bulloch Crosby Tate Butterworth Johnson Tolleson 46 JOURNAL OF THE SENATE The members pledged allegiance to the flag. Senator Williams of the 19th introduced the chaplain of the day, Reverend Dannie Williams of Lyons, Georgia, who offered scripture reading and prayer. Senator Unterman of the 45th introduced the doctor of the day, Dr. Todd Williamson. The following resolutions were read and adopted: SR 8. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending Mr. John S. Warner on his retirement; and for other purposes. SR 9. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the Tuskegee Airmen and Bryton Entertainment; and for other purposes. SR 11. By Senators Pearson of the 51st, Butterworth of the 50th, Murphy of the 27th, Mullis of the 53rd, Williams of the 19th and others: A RESOLUTION declaring January 27, 2009, as Tourism Day at the state capitol and commending the tourism industry of Georgia; and for other purposes. SR 13. By Senator Hudgens of the 47th: A RESOLUTION commending and recognizing the 2007-2008 Madison County High School Red Raider Softball Team as the highest ranked public school team in the nation; and for other purposes. SR 14. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Andrew Stefan Kurish; and for other purposes. SR 16. By Senator Seay of the 34th: A RESOLUTION congratulating Matthew and Gwendolyn Moses upon their 50th wedding anniversary; and for other purposes. TUESDAY, JANUARY 13, 2009 47 SR 10. By Senators Thompson of the 33rd, Hill of the 32nd, Rogers of the 21st and Wiles of the 37th: A RESOLUTION commending the South Cobb High School Marching Band; and for other purposes. Senator Thompson of the 33rd recognized the South Cobb High School Marching Band, commended by SR 10. Principal Grant Rivera, Band Director Zachary Cogdill, and Drum Major Dana Sherer addressed the Senate briefly. The following resolutions were read and adopted: HR 16. 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 President appointed as a Committee of Escort on the part of the Senate the following Senators: Golden of the 8th, Williams of the 19th, Rogers of the 21st, Brown of the 26th, Seabaugh of the 28th, Adelman of the 42nd and Moody of the 56th. HR 17. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Wednesday, January 14, 2009. The motion prevailed, and the President announced the Senate adjourned at 10:50 a.m. 48 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 14, 2009 Third Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 1. By Senators Shafer of the 48th, Hill of the 4th, Douglas of the 17th, Hill of the 32nd, 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 provide short titles; 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. Referred to the Appropriations Committee. SB 3. By Senators Murphy of the 27th, Hawkins of the 49th, Williams of the 19th, Thomas of the 54th, Harbison of the 15th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the O.C.G.A., relating to general provisions relative to insurance, so as to provide for legislative intent; to provide for prior authorization requirements for a prescription drug; to provide for definitions; to provide for penalties; to provide for the Commissioner of Insurance to establish oversight of the operation of pharmacy benefits managers; to amend Title 49 of the O.C.G.A., relating to social services, so as to require the Department of Community Health to modify the state plan to require that in certain circumstances only generic drugs shall be distributed to recipients of drugs under the state plan; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. WEDNESDAY, JANUARY 14, 2009 49 SB 6. By Senators Jackson of the 24th, Williams of the 19th, Goggans of the 7th, Douglas of the 17th, Grant of the 25th and others: A BILL to be entitled an Act to amend Code Section 40-5-30 of the Official Code of Georgia Annotated, relating to restricted licenses, so as to change the penalty for violation of restrictions of a driver's license; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 13. By Senators Smith of the 52nd, Cowsert of the 46th, Tarver of the 22nd, Reed of the 35th, Hamrick of the 30th and others: 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 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 16. By Senators Harp of the 29th, Stoner of the 6th, Mullis of the 53rd, Balfour of the 9th, Jones of the 10th 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 for any period of time on Sundays from 12:00 Noon until 12:00 Midnight, 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 17. By Senators Harp of the 29th, Johnson of the 1st and Hooks of the 14th: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, as to increase 50 JOURNAL OF THE SENATE filing fees and fines for campaign disclosure reports, financial disclosure statements, and lobbyist disclosure reports that are filed late; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 22. By Senators Stoner of the 6th, Williams of the 19th, Orrock of the 36th, Mullis of the 53rd and Pearson of the 51st: 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 Transportation Committee. SB 24. By Senators Grant of the 25th, Seay of the 34th, Harp of the 29th, Crosby of the 13th and Stoner of the 6th: A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for comprehensive provisions regarding management of probationers; to provide for the 'Probation Management Act'; to provide administrative sanctions as an alternative to judicial modification or revocation of probation; to provide for preliminary administrative hearings and hearing officers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 25. By Senators Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Butler of the 55th, Orrock of the 36th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process to programs for the education WEDNESDAY, JANUARY 14, 2009 51 regarding and alleviation of multiple sclerosis; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 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. 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 Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Fort Harbison (Excused) Orrock (Excused) Senator Fort was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag. Senator Hudgens of the 47th introduced the chaplain of the day, Pastor Brian Stowe of Maysville, Georgia, who offered scripture reading and prayer. 52 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 17. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Cadet Kevin H. Bernhardt; and for other purposes. SR 18. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Cadet Captain Earl Porter III; and for other purposes. SR 19. By Senators Seay of the 34th, Butler of the 55th, Reed of the 35th, Brown of the 26th, Jones of the 10th and others: A RESOLUTION commending the National Association for the Advancement of Colored People on its 100th anniversary; and for other purposes. SR 21. By Senators Seay of the 34th and Buckner of the 44th: A RESOLUTION honoring and celebrating Pastor Donald Battle of Divine Faith Ministries International on the occasion of his birthday; and for other purposes. SR 22. By Senators Seay of the 34th and Buckner of the 44th: A RESOLUTION celebrating the 100th Anniversary of the City of Forest Park, Georgia; and for other purposes. SR 23. By Senators Seay of the 34th, Sims of the 12th and Reed of the 35th: A RESOLUTION honoring and congratulating Lucille Harris-Cain on the occasion of her 100th birthday; and for other purposes. SR 24. By Senators Seay of the 34th and Buckner of the 44th: A RESOLUTION celebrating the centennial of the City of Riverdale; and for other purposes. SR 25. By Senators Hooks of the 14th, Tolleson of the 20th, Smith of the 52nd, Tarver of the 22nd, Harp of the 29th and others: A RESOLUTION honoring the life and memory of Griffin Boyette Bell; and for other purposes. WEDNESDAY, JANUARY 14, 2009 53 SR 26. By Senators Pearson of the 51st, Butterworth of the 50th, Grant of the 25th and Mullis of the 53rd: A RESOLUTION recognizing and commending Dinah Paris on the occasion of her retirement; and for other purposes. SR 27. By Senators Seay of the 34th and Buckner of the 44th: A RESOLUTION recognizing and honoring Cathy Plummer Hill; and for other purposes. SR 28. By Senators Harp of the 29th, Cowsert of the 46th, Grant of the 25th, Rogers of the 21st and Williams of the 19th: A RESOLUTION recognizing and commending Dr. Mostafa El-Sayed; and for other purposes. Senator Douglas of the 17th asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Health and Human Services Committee: SB 10. By Senators Douglas of the 17th, Thomas of the 54th and Hawkins of the 49th: A BILL to be entitled an Act to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of a dangerous drug, so as to remove the exception for pseudoephedrine in a single dose unit of 60 milligrams or less; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 10 was committed to the Senate Health and Human Services Committee. The President introduced the doctor of the day, Dr. Gary Richter. Pursuant to HR 16, the President appointed as a Committee of Escort on the part of the Senate the following Senators: Williams of the 19th, Rogers of the 21st, Brown of the 26th, Seabaugh of the 28th, Adelman of the 42nd, Moody of the 56th and Golden of the 8th. The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 54 JOURNAL OF THE SENATE Casey Cagle Lieutenant Governor January 14, 2009 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: This letter serves as official notice that Senator John Wiles is appointed as an Ex-Officio member of the Senate Insurance & Labor Committee. Please do not hesitate to contact me if you have any questions in this regard. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia Senator Rogers of the 21st moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. Thursday, January 15, 2009. The President announced the motion prevailed at 9:42 a.m. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by His Excellency, Governor Sonny Perdue, was called to order by the President of the Senate. HR 16 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 Williams, Speaker Pro Tem Burkhalter, Members of the General Assembly, Constitutional officers and members of the Judiciary, the Consular Corps and other distinguished guests. And, most of all, my fellow Georgians. WEDNESDAY, JANUARY 14, 2009 55 I want to begin this morning with the story of a young Georgian who embodies the resiliency of our state. Just three years ago, Jeremy Lee was a 14-year old student from Clayton County on his way to the Ireland Youth Development Campus in Milledgeville because he and some friends made a bad decision. He could have seen this as an indictment not only of his crime, but of his potential. He could have settled for a life marked by disappointment. But Jeremy made a life altering decision, one that will benefit the lives of others for years to come. He chose to focus on what he could be, not wallowing in the self-pity of tough times, and invested his time and energy in preparing himself to emerge from that campus a better person. Last summer, Jeremy walked out of those gates with a high school diploma and is now enrolled at Morehouse College. Jeremy is now pursuing his goal to be a doctor, and that pursuit is a testament to his inner-resilience. I am pleased that he could join us this morning. Jeremy, please rise so we can recognize your efforts. It's Jeremy's resilience and the resilience of thousands like him across our state that gives me confidence that we will emerge from these challenging times stronger. This is a pivotal moment in our nation's history. It is a moment in which we are asked to see beyond what George Will calls the "tyranny of the short-term," beyond the circumstances of the moment, to the big picture, a picture that is informed by our history, bolstered by our character and steeled by our will to succeed. Despite the stresses of a moment like this, we must not allow ourselves to be trapped in a short-term mindset where rash decisions result in dire long-term consequences. We must remain focused on the big picture. Our perspective must be one of optimism even in the face of difficult economic cycles. I look forward to attending President-elect Obama's inauguration next week and I am confident that he and the new administration will do everything in their power to meet the challenges that face this nation. However, we cannot plan by relying on the unknown, and the budgets I present to you today are balanced and do not assume money from Washington. Our latest revenue estimate for this fiscal year shows a decline of $2.2 billion, resulting in a $19.2 billion amended budget. Political mantras aside, cutting more than 10 percent from a budget cannot be achieved by simply cutting waste. While we have worked for six years to do more with less, at some point, in business or in government, it becomes less with less. The job of budgeting is hard right now, but it's not because the directions are complicated. Like families sitting around their kitchen tables all over Georgia, we are doing what is necessary to balance our checkbook. 56 JOURNAL OF THE SENATE I want to thank the legislature for working with us to replenish the Rainy Day Fund, which now stands at $1.2 billion. As you all know, at my request, you wisely passed legislation requiring us to retain at least four percent of previous year's revenue in the reserve fund for balancing the budget at the end of the year if needed. So I have recommended using the maximum amount available for appropriation from the reserves, appropriating $50 million this year and $408 million next year, as well as $187 million for the midyear education adjustment. We are using some one-time strategies to help balance this year's budget that won't be available next year. Therefore, I have recommended that the largest portion of available reserve funds be committed to next year's budget, which stands at $20.2 billion. I want to applaud our department leaders, men and women who are on the ground, who know their mission, their people and their customers. This past spring, agencies willingly responded to my call for restrained spending and returned over $200 million to our state's Rainy Day Fund at the end of last year. And then this summer, when I asked them to identify potential budget reductions, their response was thorough and strategic. They were able to find the cuts and maintain the ability to execute their core missions. That is a testament to those leaders and to the culture change we've made in state government! In six years, we have transformed government making it more efficient and more accountable by instilling a customer-focused culture of public service. Sometimes this difference isn't seen in a budget document. But even then, it often impacts thousands of Georgians, who spend less time waiting on government and more time doing what they want to do. Over the last three years, Joe Doyle and his team at the Office of Customer Service have led this culture change. For example, in Child Support Services, the time between a parent's initial contact with the agency and meeting with a case worker, has gone from a 30 day wait to same-day service. A year ago, when a prospective teacher seeking certification called the Professional Standards Commission, they waited nine minutes, on average, to speak with a person. 37 percent just hung up out of frustration. Now, those folks wait eight seconds. The wait for a new driver's license has gone from two hours to six minutes and the Medicaid approval process has gone from nine weeks to twelve days, with half of all applicants getting same day approval. And those changes didn't cost a penny! This year, we experienced a historic early voter turnout and this same group partnered with the Secretary of State's office to assist 13,000 voters; telling them where and how to vote early. They will continue their work with projects ranging from improving financial aid response times to speeding up DCH's approval process for children with special needs. Ladies and gentlemen, I want you to help me recognize Mr. faster, friendlier and easier, Joe Doyle. WEDNESDAY, JANUARY 14, 2009 57 We are working in every area of government to ensure that we are getting the best possible value for our investment and that we are providing the best possible service to every Georgian. To that end, in February, I signed an executive order forming a task force to look at a possible restructuring of the Department of Human Resources. Folks, we spend $3.8 billion within DHR every year, an agency that hasn't undergone major change since it was formed over three decades ago. After a thorough review by the Health and Human Services Task Force, we have determined a course of action that will re-orient our approach to healthcare by shifting the focus from inputs to results. First, we are proposing the creation of a new Department of Behavioral Health which will include all mental health and addictive disease programs. This will improve our responsiveness to mental health needs and will make funding more transparent. We will continue to improve care by moving towards a community-based delivery system. I know some folks will be concerned with how this might affect jobs in their area, but when it comes to mental health, I believe we have an obligation to provide services to Georgians as close as possible to where they live. Second, the bill would establish a Department of Health, a combination of the public health and oversight programs in DHR and the current functions of DCH. This agency, which will be led by Dr. Rhonda Medows, will deliver workable solutions on the key healthcare issues we face. Issues affecting Georgians like how to best facilitate and finance healthcare coverage and how to provide needed access. Preventative medicine will play a bigger role, inefficiencies and redundancies will be eliminated and every stakeholder in Georgia's healthcare system, from county boards of public health to Medicaid providers, will work as part of a more coordinated effort. The remaining social services, Developmental Disabilities, Aging, DFCS and Child Support, will come together under a reconstituted Department of Human Services led by Commissioner B.J. Walker. We have made progress in the delivery of these safety-net services to our critical populations: we have improved from 50th to 5th in the nation for moving people from state hospitals to community facilities; DFACS has reduced out-of-home placements by 21 percent, and recurring child abuse rates have dropped from 9 percent to 3 percent in the last two years, 2 percent below the national average. I believe a more targeted focus on these programs will lead to even further improvement. We know that improved lines of communication and enhanced coordination are critical, and I fully expect that these agency heads will meet regularly to coordinate policy and cross-agency service delivery. I have charged the affected agencies to make this transition within their current budgeted 58 JOURNAL OF THE SENATE amounts and, in the long term, we believe this reorganization will bring greater efficiency and greater value for the taxpayer dollar. I want to thank all those who have helped make this happen, particularly the legislative members of the task force: Senators Jack Hill and Renee Unterman, and Representatives Ben Harbin and Mark Butler. I look forward to working with the legislature and health and human service leaders and providers throughout this state to improve healthcare delivery for every Georgian. When I came into office, Medicaid was growing annually at rates as high as 17 percent. Over the last four years, growth averaged just 3.4 percent, saving the state a staggering $4.7 billion. Those are numbers that any business would envy. Even though we have controlled the growth of our Medicaid budget, we faced some very difficult choices this year. The federal government has told states that we can no longer fund Medicaid as we have since 2006. That decision could not have come at a worse time. Washington, in its infinite wisdom, has decided that if we assess a fee against our Care Management Organizations as we currently do, we must impose it on all commercial health plans. We had to choose: everyone or no one. If we said "no one," it would have cost Georgia $96 million in state Medicaid funds. While I'm recommending cuts to many agencies and programs above ten percent, even a five percent cut to the state Medicaid budget would mean an additional $112 million reduction. That one-two punch of federal mandates and declining revenues means we faced a $208 million hole in the state's Medicaid budget. To be clear, this $208 million represents the funds paid to providers on behalf of Georgia's most needy. To ensure these needed services continue, I had to choose between some tough options. The first option was to eliminate discretionary Medicaid programs, the ones that the federal government does not require us to fund. This would mean eliminating the medically needy category for eligibility, which serves 7,100 Georgians; eliminating the Katie Beckett Program for 3,100 Georgians; eliminating dental benefits for the 60,000 pregnant women that were covered last year; and eliminating Medicaid coverage for foster children over the age of 18. In PeachCare, we would have had to eliminate dental benefits, freeze enrollment and reduce the enrollment cap, as well as increase premiums and, for the first time, impose premiums on children between the ages of two and five. All of those cuts combined would still have left a gap exceeding $150 million. A second option, I could have cut reimbursements to our providers by $208 million. Providers have consistently told us, rightly or wrongly, they believe even our present reimbursement rates are already too low. A third option would have been to impose the same 4.5 percent fee on commercial and WEDNESDAY, JANUARY 14, 2009 59 Medicaid managed care and preferred provider plans, that we currently impose only on CMOs. While that remains an option, I prefer a broader based approach that spreads the burden. I chose to ask those who receive Medicaid payments to help fund the system. This proposal takes advantage of the fact that every dollar we send to Washington for Medicaid draws down almost two additional dollars. So my budget will reflect, and an accompanying bill will propose, a 1.6 percent fee on hospitals and health insurance plans to fill the hole in Medicaid, and to do what the healthcare community has asked of us for so long: one, to significantly raise reimbursement rates for providers, particularly for hospitals; and two, in conjunction with SuperSpeeder legislation, provide $60 million to sustain and expand the state's trauma network. Like most things we address here at the Capitol, this plan will not be universally acclaimed, but I have arrived at this solution after thoughtful, careful deliberation. I implore you. Do not rush into a short-sighted cut that would have long-term consequences for Georgia's most needy. Finally, for those that would wait for Washington, we have waited before. And while I am hopeful that we may receive additional federal funds, when I put the budget together, I did not have the option to budget for money that may never materialize. We all say, whether it's in a campaign or a State of the State speech like this, that education is our number one priority. But what does that mean? To me, it means providing opportunity. We spend more than half of our state budget on education because we know that opportunity is discovered in Georgia's classrooms. In these budget times, there are certain things we can do to help our local school systems. We have already informed schools of our intention to relax expenditure controls, giving them additional flexibility. This move will allow those closest to the students to manage funds in the most efficient way. Last year, I proudly signed IE2 legislation. Let me boil it down for you. This is true local control with real accountability! In exchange for this flexibility, systems entering into a contract with the State Board of Education are held accountable for increased student achievement above and beyond state and federal requirements. And they will face serious consequences if they fail to meet those goals. It's exactly the kind of clear, straightforward and results-driven program local school districts have asked for since I came into office. And, just last week, the State Board of Education approved the first IE2 contract with Gwinnett County. This means that ten percent of the students in Georgia will be under a performance contract to increase student achievement. I commend Alvin Wilbanks and the Gwinnett County School Board for continuing to lead by example. In the weeks and months to come, I believe you're going to see progressive school systems from all around the state sign on, and if you're a parent in Georgia, that's 60 JOURNAL OF THE SENATE something to be excited about! As I outlined yesterday, I am proposing legislation that will ensure that every student in Georgia has the benefit of responsible leadership at the school system level. Most local school board members in this state are in that position for all the right reasons and they do a great job for our students, but unfortunately, that isn't universal. And we must take action, because when a school board is failing, every student that depends on them is cheated. This legislation will clearly define what citizens expect from school board members and it will give the state the ability to replace board members with responsible, local citizens when accreditation is threatened. Never again, do I intend for the state to be handcuffed by our current law and powerless to help students who are being failed by the adults in their community. Also, I will propose legislation to establish a high school principal incentive pay program for those principals who increase student achievement raising graduation rates and improving SAT and End of Course Test scores. I am proposing merit pay legislation that will award teachers who show evidence that their classroom instruction leads to increased student achievement. Currently, extraordinary teachers are locked into a compensation model that fails to reward excellence. This is the next step in moving education from a culture of compliance to one based on performance. We are also proposing differentiated pay for math and science teachers. It astonishes me that this state produced just three physics teachers last year. We must introduce a market dynamic into the salary schedule to address these critical needs areas. Some may be surprised to hear these ambitious plans in these times, but, this more than any other period, is a time to continue improving education and the basic institutions of government. We are fortunate to live in a state where people want to be. Last year, Georgia was the fourth fastest growing state in the nation. And in the last eight years, we have added 1.5 million people. Not only do people move here, they stay here. Georgia ranks third in the nation for keeping our native-born population, with over 69 percent of people who were born in Georgia still living here. I don't say all this just to share statistics, there is a story there, and it's a story about Georgia's competitive advantages and a great quality of life. This enormous growth brings its own challenges. I call those the "problems of prosperity." We continue to work to protect our most precious natural resource ... water. Last year, I signed into law Georgia's first Comprehensive Statewide Water Management Plan to help our state balance water use and growth. I want to, again, thank all of you for participating in what I consider to be the most WEDNESDAY, JANUARY 14, 2009 61 inclusive piece of legislation we've worked on since I've been Governor. The Lieutenant Governor, Speaker and I will soon announce our appointments to the Regional Water Councils. We are working to ensure that those selected will represent a good cross-section of Georgia talent, both in their personal experiences and geographically. These councils are going to put our Statewide Water Plan in action. I am confident the rains will come, and I am encouraged by the fact that our new management plan will make us better stewards, both now and over the long term. Our experience in working together on the water plan will be needed again as we address our transportation needs. A growing Georgia will depend upon a transportation network that supports mobility and commerce. Like most government programs, the money available is short of what our needs are, so we must guard every dollar that is spent to make sure we maximize its value. Reforming DOT has been one of the toughest challenges my administration has faced, and we are not through yet. Last summer, I commissioned Investing in Tomorrow's Transportation Today, or IT3, so that we as policymakers could understand the value of additional investment, while we continue to bring our transportation planning, funding and building policies up to date. Transportation improvements providing access to markets, reliable and stress-free commutes and speedy freight movements can be the catalyst that propels our economy forward, just as we have seen over our state's history. The Lieutenant Governor, Speaker and I share a mutual commitment to address our transportation needs, and we will continue reforming DOT with a goal of standing up a system that can take that funding and provide the value Georgians deserve. Once I feel certain that we can deliver transportation value to Georgia citizens, I will support responsible measures to raise additional revenues. As Georgia grows, so do our energy needs and Georgia is meeting this challenge by creating a fertile environment for alternative energy production. Those efforts have been rewarded with $2.4 billion of investment over the last two years. That investment means new jobs for Georgians. In November, Norcross-based Suniva, birthed right here in one of our research universities, began fabricating the most advanced solar technology in the world. This summer, we will host more than 15,000 energy innovators for the biggest biolifescience conference in the world, BIO 2009. This is an outstanding opportunity to showcase Georgia's progress in life sciences, and our potential to help heal, fuel and feed the world. As we continue to attract new investment in biotechnology, we can secure our position as a leader in this industry by enacting laws that respect the role of the federal Food and Drug Administration as the regulator of the safety of drugs and medical devices. But the best incentive we can offer an employer is a talented workforce that is ready to 62 JOURNAL OF THE SENATE meet their needs, and our Work Ready program does just that. We began Work Ready two years ago and Georgia workers have responded. There are now 111 counties, 70 percent of the state, working toward Certified Work Ready Community status. As Georgia workers compete with peers as far away as China or as close as South Carolina, Work Ready puts them a step ahead. That is certainly the case with Joy Anthony. Joy's Work Ready Certificate distinguished her and gave her the edge she needed in her job search. Her employer was impressed by the skills Work Ready identified and they have designated her as a "Rising Star" in their company. Joy is one over 35,000 Georgians to take control of their future, making themselves more marketable to employers looking for a talented workforce. Ladies and gentleman, Georgia is ready to take advantage of our workforce and our strong balance sheet. We remain one of seven states with a triple-A bond rating and we will invest in projects that will be of long-term value to Georgians. This year's bond package, totaling over $1.2 billion in new investment, will put Georgians to work and build critical infrastructure. In the past, we have often funded the design phase of a project one year and construction at some later date. This year's package will feature many projects in which both design and construction are funded in the same year, ensuring their timely completion. In a time that we have trimmed our budget in other areas, we are aggressively increasing our bond package by a full twenty percent over last year. This will take advantage of low construction costs and create an estimated 20,000 new jobs in an industry that is ready to go to work. These projects touch every corner of the state and include new construction at our universities, technical schools, local school systems and libraries; harbor deepening at the Savannah port and needed improvements at state facilities. As I said at the outset today, we're going to maintain a long-term perspective we are not going to panic and make knee-jerk decisions that will have negative long-term consequences. We stand at a crossroads, and as a father and a grandfather ten times over, I can say, we all recognize how important it is to the next generation that we get it right, right now. Don't hear me dismissing the scope or severity of this downturn. But, more importantly, don't leave failing to hear the message that we need to look beyond this downturn. Think about it, you don't get anywhere in life without a long-term perspective and a long-term plan. You have to weather the turbulence. That's true in a career, that's true in the history of every successful marriage. Isn't that right, Mary? WEDNESDAY, JANUARY 14, 2009 63 When the economy takes a downturn, you don't give up on the economic promise of America that has proven true over the centuries. You don't discard the promise. You build for the future with that promise in mind. There is much to do in Georgia in this coming year but it can be summarized in that overarching mission to continue executing on the fundamentals of good government; to improve our competitive advantages, to make Georgia a better place to live and a better place to do business. As I look back and think about our history, I am certain that this is not the tallest mountain we've been asked to climb. As I think about the American promise of freedom and economic opportunity, I know that rich promise will mean great things for Georgians in the years to come. The soil has proven too rich to dare believe anything else. As I look within, I find something within the human constitution that bounces back, something within this collective American spirit that rebuilds. I'll never claim to be a Nehemiah; but the prophet's call, "Let us rebuild the walls," rings true today. This is the time to continue building our state, to prepare for the future, to plant the seeds that will enrich our children's inheritance. Together, we will do just that! Thank you! God bless you. God bless America, and may God bless the great state of Georgia! Senator Rogers of the 21st moved that the Joint Session be hereby dissolved. The motion prevailed, and the President announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Thursday, January 15, 2009. 64 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, January 15, 2009 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 Senate legislation was introduced, read the first time and referred to committee: SB 2. By Senators Douglas of the 17th, Staton of the 18th, Jackson of the 24th and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 40-5-63 of the O.C.G.A., relating to periods of suspension for drivers' licenses and conditions to return drivers' licenses, so as to extend the period of suspension for certain serious offenders committing a second offense before such offender is eligible for reinstatement; to amend Code Section 40-6-391.2, relating to the seizure and forfeiture of a motor vehicle operated by a habitual violator, so as to authorize the seizure and forfeiture of a motor vehicle operated by persons convicted of a third offense attempting to elude a police officer; to amend Code Section 40-6395, relating to attempting to elude a police officer and impersonating a law officer, so as to modify conditions when such offense shall be treated as a felony; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 4. By Senators Butler of the 55th, Orrock of the 36th, Seay of the 34th, Reed of the 35th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 15-10-102 of the Official Code of Georgia Annotated, relating to the powers and duties of constables, so as to require constables and marshals to notify protected persons upon the service of certain protective orders; to amend Code Section 15-16-17, relating to the service and execution of processes from justices' courts, so as to require sheriffs to notify protected persons upon the service of certain protective THURSDAY, JANUARY 15, 2009 65 orders; 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 23. By Senators Hawkins of the 49th, Pearson of the 51st, Mullis of the 53rd, Murphy of the 27th, Butterworth of the 50th and others: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to provide that the failure to use safety belts may be considered evidence of causation, negligence, and contributory negligence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Unterman of the 45th 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 Orrock of the 36th asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Golden Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson, L Jackson,W Johnson Moody Mullis Murphy Orrock Pearson Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson, C Thompson, S Tolleson 66 JOURNAL OF THE SENATE Grant Hamrick Harp Hawkins Powell Ramsey Reed Weber Wiles Williams Not answering were Senators: Fort (Excused) Unterman (Excused) Harbison (Excused) Jones (Excused) The members pledged allegiance to the flag. Senator Ramsey of the 43rd introduced the chaplain of the day, Bishop Eddie Long of Lithonia, Georgia, who offered scripture reading and prayer. Senator Hudgens of the 47th recognized the 2007-2008 Madison County High School Red Raider softball team, commended by SR 13, adopted previously. Coach Doug Kesler addressed the Senate briefly. Senator Staton of the 18th introduced the doctor of the day, Dr. Antoine Trammel. The following resolutions were read and adopted: SR 29. By Senators Hawkins of the 49th, Rogers of the 21st, Murphy of the 27th and Butterworth of the 50th: A RESOLUTION declaring February 18, 2009, as Pharmacy Day at the state capitol and commending the Georgia Pharmacy Association and its members for 134 years of service to the patients and people of Georgia. SR 30. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Reverend Dennis Mitchell; and for other purposes. Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Friday, January 16, 2009. The motion prevailed, and the President announced the Senate adjourned at 11:07 a.m. FRIDAY, JANUARY 16, 2009 67 Senate Chamber, Atlanta, Georgia Friday, January 16, 2009 Fifth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 26. By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 27. By Senators Bulloch of the 11th, Heath of the 31st, Hill of the 4th, Pearson of the 51st, Powell of the 23rd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create 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 28. By Senators Shafer of the 48th, Seabaugh of the 28th, Williams of the 19th, Murphy of the 27th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 43-4-14 of the Official Code of Georgia Annotated, relating to practice of architecture, so as to clarify 68 JOURNAL OF THE SENATE the types of construction projects within planned or existing structures for which documents may be prepared, certified, and submitted for a building permit by a Georgia registered interior designer; 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 29. By Senators Pearson of the 51st, Murphy of the 27th, Butterworth of the 50th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the O.C.G.A., relating to the Department of Transportation's power to contract, so as to require that the department award a certain number of contracts to small businesses; 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 state's various budget units be dedicated to projects and contracts involving small businesses; 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 repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. 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 following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Unterman of the 45th Harp of the 29th Weber of the 40th Seay of the 34th The roll was called and the following Senators answered to their names: Balfour Brown Bulloch Butterworth Chance Chapman Cowsert Crosby Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Ramsey Reed Rogers Seabaugh Sims Smith Staton Stoner FRIDAY, JANUARY 16, 2009 69 Douglas Goggans Golden Grant Hamrick Harbison Jackson,W Johnson Moody Mullis Murphy Pearson Tarver Tate Thomas Tolleson Wiles Williams Not answering were Senators: Adelman (Excused) Fort (Excused) Orrock Shafer Unterman (Excused) Buckner Harp (Excused) Powell Thompson, C. Weber (Excused) Butler Jones Seay (Excused) Thompson, S. (Excused) Senator Thompson of the 5th District 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 Seabaugh of the 28th introduced the chaplain of the day, Dr. Tim Riordan of Newnan, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 20. By Senators Jackson of the 24th, Cowsert of the 46th, Goggans of the 7th and Hudgens of the 47th: A RESOLUTION commending Mr. Walker T. Norman for his outstanding public service; and for other purposes. SR 31. By Senators Heath of the 31st, Bulloch of the 11th, Butterworth of the 50th, Goggans of the 7th, Seabaugh of the 28th and others: A RESOLUTION recognizing January 15, 2009, as "Sportsmen's Day at the Capitol"; and for other purposes. Serving as doctor of the day was Dr. Steven Muller. The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 70 JOURNAL OF THE SENATE Casey Cagle Lieutenant Governor January 16, 2009 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Please let this letter serve as official notice that Senator Chip Pearson, 51st is hereby appointed to the Senate Committee on Banking and Financial Institutions as an ExOfficio Member. This appointment is effective immediately and until further notice. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 17 until 1:00 p.m. Monday, January 26, 2009; the motion prevailed, and at 9:36 a.m. the President announced the Senate adjourned. MONDAY, JANUARY 26, 2009 71 Senate Chamber, Atlanta, Georgia Monday, January 26, 2009 Sixth Legislative Day The Senate met pursuant to adjournment at 1:00 p.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 30. By Senators Tolleson of the 20th, Hooks of the 14th, Cowsert of the 46th, Harp of the 29th, Tarver of the 22nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors and gasoline dealers with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors and gasoline dealers from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 31. By Senators Balfour of the 9th, Tarver of the 22nd, Rogers of the 21st, Powell of the 23rd, Tolleson of the 20th and others: A BILL to be entitled an Act to enact the "Georgia Nuclear Energy Financing Act"; to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, so as to provide for a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; to provide a short title; to provide for the calculation and collection of the financing costs; to provide for review by the Georgia Public Service Commission as to whether the costs recovered are being properly 72 JOURNAL OF THE SENATE recorded; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 32. By Senators Buckner of the 44th, Ramsey, Sr. of the 43rd, Stoner of the 6th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 32-6-50, of the Official Code of Georgia Annotated, relating to uniform regulations governing the erection and maintenance of traffic-control devices and the placement, removal, defacement, damaging, or sale of devices, so as to authorize the Department of Transportation to establish rules and regulations for the prevention or reduction of occurrences of dangerous traffic congestion caused by a high volume of vehicles exiting the interstate highway at certain locations during peak traffic times; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 33. By Senator Buckner of the 44th: A BILL to be entitled an Act to amend Code Section 21-2-130 of the Official Code of Georgia Annotated, relating to procedures for qualification of candidates generally, so as to require each candidate for public office to be in compliance with certain disclosure requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 34. By Senator Buckner of the 44th: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to prohibit certain public officials, their employees, and agencies from expending public funds to make, publish, or distribute certain publications immediately preceding an election; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 35. By Senator Buckner of the 44th: A BILL to be entitled an Act to amend Code Section 21-2-153 of the Official Code of Georgia Annotated, relating to the qualification of candidates for party MONDAY, JANUARY 26, 2009 73 nomination in a state or county primary, posting of the list of all qualified candidates, and filing of an affidavit with a political party by each qualifying candidate, so as to require a candidate to affirm that his or her residence is within the district which he or she shall be elected to serve; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 36. By Senators Buckner of the 44th, Seay of the 34th, Jones of the 10th, Tate of the 38th, Sims of the 12th 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 provide for the adoption of codes of ethics to govern members of local boards of education; to provide for annual review of such codes of ethics; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 37. By Senator Buckner of the 44th: A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics, so as to provide for a time limitation for signing an affidavit to validate an address of an elected public official; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 38. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed dead bodies, so as to authorize the Board for the Distribution of Cadavers to provide for dead bodies to be used in the training and handling of police canine; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 39. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: 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 a 1 percent sales tax to be 74 JOURNAL OF THE SENATE used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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. Referred to the Transportation Committee. SB 40. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Stoner of the 6th and Pearson of the 51st: A BILL to be entitled an Act to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Transportation generally, so as to specify that the General Assembly may designate agencies or authorities to control projects involving the state highway system; 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 remove control of the authority from the Department of Transportation; to provide for projects to be contracted for and constructed by the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 41. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to attorneys, so as to provide for legislative findings; to regulate and impose conditions on attorneys that advertise on television in the State of Georgia; to provide for a penalty; 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 42. By Senators Smith of the 52nd, Wiles of the 37th, Hill of the 4th, Hamrick of the 30th and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, the "Georgia Indigent Defense Act of 2003," so as MONDAY, JANUARY 26, 2009 75 to extensively revise said Act; to reconstitute the Georgia Public Standards Council with new membership; to change the powers and duties of the council and provide that it shall be an advisory body; to provide for the Georgia Public Standards Agency as an agency of the state; to provide for its director and the powers and duties and operations of the agency and the director; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 1. By Senators Rogers of the 21st, Shafer of the 48th, Seabaugh of the 28th, Williams of the 19th, Pearson of the 51st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for prioritized funding requirements regarding certain supplementary appropriations Acts; to provide for procedures, conditions, and limitations; 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. SR 43. By Senator Harp of the 29th: A RESOLUTION celebrating the life and service of former Georgia Department of Transportation (GDOT) Commissioner Hal Rives and naming an interchange in his memory; and for other purposes. Referred to the Transportation Committee. SR 44. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for a 1 percent regional local option sales and use tax for a specified period of time to fund specific transportation projects; 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. Referred to the Transportation Committee. 76 JOURNAL OF THE SENATE SR 49. By Senators Smith of the 52nd, Hudgens of the 47th, Tolleson of the 20th, Heath of the 31st, Hill of the 32nd and others: A RESOLUTION urging the Congress of the United States to oppose any efforts to adopt the so-called "Employee Free Choice Act"; and for other purposes. Referred to the Rules Committee. SR 50. By Senators Jackson of the 24th, Williams of the 19th, Rogers of the 21st, Cowsert of the 46th, Goggans of the 7th and others: A RESOLUTION to create the Georgia Criminal Justice Study Commission; to provide for the membership, duties, and operation of the commission; to provide for related matters; and for other purposes. Referred to the Special Judiciary Committee. SR 56. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION creating the Joint Vulnerable Adult Study Committee; and for other purposes. Referred to the Health and Human Services Committee. SR 57. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION creating the Georgia Vulnerable Adult Study Commission; to provide for the membership, duties, and operation of the commission; to provide for related matters; and for other purposes. Referred to the Health and Human Services Committee. The following committee report was read by the Secretary: Mr. President: The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 1 Do Pass Respectfully submitted, Senator Hill of the 4th District, Chairman MONDAY, JANUARY 26, 2009 77 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Sims of the 12th Senator Hamrick of the 30th asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused. Senator Butler of the 55th 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 Buckner Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Smith Staton Stoner Tarver Tate Thompson,C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Bulloch Shafer Thompson, S. (Excused) Fort Sims (Excused) Golden (Excused) Thomas (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Bulloch Fort Shafer The members pledged allegiance to the flag. Senator Tate of the 38th introduced the chaplain of the day, Reverend Marvin Moss of Atlanta, Georgia, who offered scripture reading and prayer. 78 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 32. By Senators Rogers of the 21st and Grant of the 25th: A RESOLUTION commending Georgia Tech head football coach Paul Johnson on being named the Atlantic Coast Conference Coach of the Year; and for other purposes. SR 33. By Senators Rogers of the 21st and Grant of the 25th: A RESOLUTION commending Georgia Tech sophomore football player Mr. Jonathan Dwyer on being named the Atlantic Coast Conference Player of the Year; and for other purposes. SR 34. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending the Honorable James R. "Bump" Welch on the occasion of his retirement; and for other purposes. SR 35. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending Mrs. Judy Smith on the occasion of her retirement; and for other purposes. SR 36. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th, Johnson of the 1st, Hill of the 4th and others: A RESOLUTION recognizing Mrs. Sue Everhart; and for other purposes. SR 37. By Senator Harbison of the 15th: A RESOLUTION honoring the life and memory of Mr. Robert C. Stover; and for other purposes. SR 38. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Arthur D. Baylor; and for other purposes. SR 39. By Senator Harbison of the 15th: A RESOLUTION honoring and celebrating the 80th birthday of Mrs. Annie Carter; and for other purposes. MONDAY, JANUARY 26, 2009 79 SR 40. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Ms. Jennifer Herring; and for other purposes SR 41. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Tyler Foster; and for other purposes. SR 42. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Mr. Anthony "Tony" Schopp; and for other purposes. SR 45. By Senator Stoner of the 6th: A RESOLUTION recognizing and commending Curtis "Blaine" Brentzel III; and for other purposes. SR 46. By Senator Thompson of the 5th: A RESOLUTION recognizing and commending Mrs. Carolyn Law on the occasion of her retirement; and for other purposes. SR 47. By Senator Thompson of the 5th: A RESOLUTION recognizing and commending Mr. Ernest Allen on the occasion of his retirement; and for other purposes. SR 48. By Senator Goggans of the 7th: A RESOLUTION declaring Tuesday, January 27, 2009, as Disability Awareness Day at the state capitol and commending The Arc of Georgia; and for other purposes. SR 51. By Senators Rogers of the 21st and Grant of the 25th: A RESOLUTION celebrating the semisesquicentennial anniversary of the Georgia Tech Research Institute; and for other purposes. SR 52. By Senators Rogers of the 21st and Grant of the 25th: A RESOLUTION recognizing and commending Georgia Tech tennis player Amanda McDowell on winning the 2008 NCAA Women's Tennis Singles Championship; and for other purposes. 80 JOURNAL OF THE SENATE SR 53. By Senators Rogers of the 21st and Grant of the 25th: A RESOLUTION commending Georgia Tech professor Dr. Mostafa El-Sayed upon being awarded the National Medal of Science; and for other purposes. SR 54. By Senators Rogers of the 21st and Grant of the 25th: A RESOLUTION recognizing and commending the Georgia Tech Band on its 100th anniversary and for its appearance in the 2008 Macy's Thanksgiving Day Parade in New York City; and for other purposes. SR 55. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Brian Miller; and for other purposes. Serving as doctor of the day was Dr. Steven Muller. The following communications were received by the Secretary: Senator Ronnie Chance District 16 319-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Finance Government Oversight Retirement Economic Development Higher Education Reapportionment and Redistricting The State Senate Atlanta, Georgia 30334 January 21, 2009 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Bob: Effective January 12, 2009, I resigned my position as an Administration Floor Leader for the 2009-2010 term in order to accept the Chairmanship of the Senate Finance Committee. MONDAY, JANUARY 26, 2009 81 Sincerely, /s/ Ronnie Chance District 16 Senator Jeff Mullis District 53 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Public Safety Appropriations Assignments Economic Development Government Oversight Banking and Financial Institutions The State Senate Atlanta, Georgia 30334 January 22, 2009 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: I respectfully ask that my name be removed as a co-sponsor of Senate Bill 16. Thank you. With Sincere Regards, I am /s/ Jeff Mullis Senator Jeff Mullis District 53 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Public Safety Appropriations Assignments Economic Development Government Oversight Banking and Financial Institutions The State Senate Atlanta, Georgia 30334 82 JOURNAL OF THE SENATE January 22, 2009 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: I respectfully ask that my name be removed as a co-sponsor of Senate Bill 31. Thank you. With Sincere Regards, I am /s/ Jeff Mullis Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, January 27, 2009. The motion prevailed, and the President announced the Senate adjourned at 1:37 p.m. TUESDAY, JANUARY 27, 2009 83 Senate Chamber, Atlanta, Georgia Tuesday, January 27, 2009 Seventh 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 Senate legislation was introduced, read the first time and referred to committee: SB 43. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to boll weevil eradication, so as to change certain provisions relating to definitions; to change certain provisions relating to the assessment for suppression and eradication programs and conditions of assessments; to change certain provisions relating to penalties; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 44. By Senators Tolleson of the 20th, Mullis of the 53rd, Rogers of the 21st, Hooks of the 14th, Harp of the 29th and others: A BILL to be entitled an Act to amend Titles 20 and 50 of the Official Code of Georgia Annotated, relating to education and state government, respectively, so as to provide purchasing preferences for Georgia products and sellers; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 45. By Senators Harp of the 29th, Thomas of the 54th, Balfour of the 9th, Grant of the 25th, Henson of the 41st and others: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the requirements 84 JOURNAL OF THE SENATE for nursing education programs required for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse; to revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 46. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th: 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 delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 47. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th: 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 48. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of TUESDAY, JANUARY 27, 2009 85 Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 49. By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Cowsert of the 46th, Butterworth of the 50th 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 revise certain provisions relating to nursing education program requirements for registered professional nurses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 50. By Senators Hudgens of the 47th, Hawkins of the 49th and Butterworth of the 50th: 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 definitions; to provide for applicability; to provide for the registration of certain contracting entities; to prohibit access to a provider's health care services and contractual discounts by certain contracting entities under certain circumstances; to provide certain requirements for contracting entities; to provide for the rights and responsibilities of third parties; to prohibit unauthorized access to provider network contracts; to provide for enforcement; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 51. By Senators Stoner of the 6th, Mullis of the 53rd, Brown of the 26th, Seay of the 34th, Balfour of the 9th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to the Georgia Rail Passenger Authority, so as to allow for the indemnification of private parties; to provide for other powers; to revise the composition of the membership of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. 86 JOURNAL OF THE SENATE SB 52. By Senators Harp of the 29th, Douglas of the 17th, Staton of the 18th, Murphy of the 27th, Butler of the 55th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to provide for a registry for persons convicted of certain theft crimes; to provide for definitions; to provide that certain metal thieves register prior to release from prison; to require each sheriff to maintain and update a list of all metal thieves residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and metal thieves; to provide for a procedure for certain metal thieves to petition a court to be relieved of registration requirements; to provide for punishment for failure to comply with registration requirements; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 53. By Senators Harp of the 29th, Douglas of the 17th, Staton of the 18th, Murphy of the 27th, Henson of the 41st and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 and Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to secondary metals recyclers and general provisions for public utilities and public transportation, respectively, so as to change certain provisions relating to inspection by law enforcement officers; to provide for forfeiture of certain property and procedure therefor; to provide for the Governor to appoint certain special officers for purposes of investigating certain thefts of public utility property; to provide the special officers power of arrest, compensation, qualifications, bond, and duration of appointment and commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 54. By Senators Thompson of the 33rd, Fort of the 39th, Reed of the 35th and Stoner of the 6th: 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 repeal and reenact the "Georgia Fair Lending Act"; to prohibit abusive home loan practices; to provide for definitions; to provide for prohibited practices and limitations relating to covered home loans and high-cost home loans; to create specific and numerous consumer protections for covered home loans and high-cost home TUESDAY, JANUARY 27, 2009 87 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. SB 55. By Senators Pearson of the 51st, Rogers of the 21st, Shafer of the 48th and Williams of the 19th: A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the factors to be considered in determining fair market value of real property; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 56. By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th 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 StopMeth Log 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 repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SR 82. By Senators Thompson of the 33rd and Stoner of the 6th: 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 83. By Senators Staton of the 18th, Powell of the 23rd, Jackson of the 2nd, Douglas of the 17th and Heath of the 31st: A RESOLUTION creating the Senate Study Committee on Green Information Technology; and for other purposes. Referred to the Science and Technology Committee. 88 JOURNAL OF THE SENATE The following committee report was read by the Secretary: Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 13 Do Pass Respectfully submitted, Senator Smith of the 52nd District, Chairman The following legislation was read the second time: SB 1 Senator Hill of the 32nd was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Not answering was Senator: Hill, Judson (Excused) The members pledged allegiance to the flag. TUESDAY, JANUARY 27, 2009 89 Senator Thomas of the 54th introduced the chaplain of the day, Pastor Jim Suddath of Dalton, Georgia, who offered scripture reading and prayer. Senator Stoner of the 6th introduced the doctor of the day, Dr. Howard Yaeger. Senator Goggans of the 7th recognized January 27, 2009, as Disability Awareness Day at the state capitol and recognized The Arc of Georgia, commended by SR 48, adopted previously. Interim Board President, Susan Hansen, addressed the Senate briefly. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 121. 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. Senator Pearson of the 51st recognized Anthony "Tony" Schopp, commended by SR 42, adopted previously. The following resolutions were read and adopted: SR 58. By Senator Seabaugh of the 28th: A RESOLUTION honoring and celebrating the 90th birthday of Mr. George Francis Aldridge; and for other purposes. SR 59. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Pastor Kerwin B. Lee on his 25th anniversary of dedicated service to the Lord; and for other purposes. SR 60. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Ms. Andrea King for outstanding contributions to public education in the State of Georgia; and for other purposes. 90 JOURNAL OF THE SENATE SR 61. By Senators Johnson of the 1st and Williams of the 19th: A RESOLUTION recognizing and commending Mr. James Cecil Nobles; and for other purposes. SR 62. By Senators Goggans of the 7th, Hawkins of the 49th and Jackson of the 2nd: A RESOLUTION recognizing and commending the Georgia Dental Association; and for other purposes. SR 63. By Senators Seay of the 34th and Buckner of the 44th: A RESOLUTION recognizing and commending the Clayton County Branch of the National Association for the Advancement of Colored People; and for other purposes. SR 64. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Dr. Donald Eugene DeLong; and for other purposes. SR 65. By Senators Unterman of the 45th and Shafer of the 48th: A RESOLUTION commending the Buford Lanier Woman's Club on the 85th anniversary of its formation; and for other purposes. SR 66. By Senators Johnson of the 1st, Jackson of the 2nd and Mullis of the 53rd: A RESOLUTION celebrating the life and memory of music icon Mr. John Herndon Mercer on the occasion of the centennial year of his birth; and for other purposes. SR 67. By Senators Staton of the 18th, Brown of the 26th, Tolleson of the 20th, Harp of the 29th and Grant of the 25th: A RESOLUTION recognizing and commending Mr. Charles W. Bishop; and for other purposes. SR 68. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending Ms. Susan Grigg for outstanding contributions to public education in the State of Georgia; and for other purposes. TUESDAY, JANUARY 27, 2009 91 SR 69. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending The Walker School girls tennis team; and for other purposes. SR 70. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending Kennesaw Mountain High School art students; and for other purposes. SR 71. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION commending The Walker School girls soccer team; and for other purposes. SR 72. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending Mr. Michael Arjona for outstanding contributions to education in the State of Georgia; and for other purposes. SR 73. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending Mrs. Emily Adams for outstanding contributions to education in the State of Georgia; and for other purposes. SR 74. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION commending Mr. Neil Clark; and for other purposes. SR 75. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending Elizabeth Bouis for outstanding contributions to education in the State of Georgia; and for other purposes. 92 JOURNAL OF THE SENATE SR 76. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending The Walker School boys soccer team; and for other purposes. SR 77. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending Harrison High School on its designation as a 2008 Georgia School of Excellence in Student Achievement; and for other purposes. SR 78. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION commending Michael Shin; and for other purposes. SR 79. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending Karen Heiges for outstanding contributions to education in the State of Georgia; and for other purposes. SR 80. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION recognizing and commending Hillgrove High School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes. SR 81. By Senators Seay of the 34th, Reed of the 35th, Butler of the 55th, Tate of the 38th and Brown of the 26th: A RESOLUTION recognizing and commending Mr. Tyler Perry; and for other purposes. Senator Pearson of the 51st recognized January 27, 2009, as Tourism Day at the state capitol, commended by SR 11, adopted previously. The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 TUESDAY, JANUARY 27, 2009 93 Casey Cagle Lieutenant Governor January 27, 2009 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Please let this letter serve as official notice that Senator Bill Jackson, 24th is hereby appointed to the Senate Committee on Public Safety as an Ex-Officio Member. This appointment is effective immediately. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, January 28, 2009. The motion prevailed, and the President announced the Senate adjourned at 11:22 a.m. 94 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 28, 2009 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 Senate legislation was introduced, read the first time and referred to committee: SB 57. By Senators Hamrick of the 30th, Harbison of the 15th, Hudgens of the 47th, Tarver of the 22nd, Orrock of the 36th and others: A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to mortgages, foreclosures, and evictions; to amend Chapter 6A of Title 7 , relating to the "Georgia Fair Lending Act," ; to amend Code Section 15-6-77 of the , relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to amend Code Section 44-7-55 , relating to the writ of possession, so as to provide that a tenant with a valid lease can stay in a foreclosed property for 60 days; to amend Article 7 of Chapter 14 of Title 44 , relating to foreclosure on mortgages, so as to provide for examples of when an instrument of conveyance will be an equitable mortgage; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 58. By Senator Weber of the 40th: 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 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 WEDNESDAY, JANUARY 28, 2009 95 procedures, conditions, and limitations; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 59. By Senators Staton of the 18th, Heath of the 31st, Powell of the 23rd, Orrock of the 36th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to Internet and electronic mail fraud, so as to provide definitions; to prohibit a person from using certain computers to relay or retransmit commercial e-mail messages with the intent to deceive or mislead recipients or an e-mail service provider under certain circumstances; to prohibit a person from materially falsifying header information in commercial e-mail messages under certain circumstances; to prohibit a person from registering for e-mail accounts or domain names under certain circumstances; to provide for criminal and civil penalties; to provide for forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Science and Technology Committee. SB 60. By Senators Jackson of the 2nd, Brown of the 26th, Jones of the 10th, Sims of the 12th, Ramsey, Sr. of the 43rd and others: A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to relating to mandatory education for children, so as to authorize each local board of education to determine the maximum age of mandatory education from 16 to 18 for its local school system; to provide for alternative tracks; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SR 84. By Senator Harp of the 29th: A RESOLUTION urging the Board of Regents of the University System of Georgia and the foundations associated with the units of the university system to merge Savannah State University with Armstrong Atlantic State University and Albany State University with Darton College; and for other purposes. Referred to the Higher Education Committee. 96 JOURNAL OF THE SENATE SR 90. By Senators Thompson of the 33rd, Stoner of the 6th and Jones of the 10th: A RESOLUTION proposing an amendment to the Constitution so as to provide for state tax reform; to provide for the imposition, levy, and collection of a state sales and use tax at the rate of 1 percent, the proceeds of which shall in part be appropriated for any or all transportation purposes; to require mandatory funding of homeowner tax relief grants; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Transportation Committee. The following committee reports were read by the Secretary: 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: SR 83 Do Pass as amended Respectfully submitted, Senator Staton of the 18th 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 24 Do Pass by substitute Respectfully submitted, Senator Grant of the 25th District, Chairman The following legislation was read the second time: SB 13 Senator Tolleson of the 20th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: WEDNESDAY, JANUARY 28, 2009 97 Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Unterman Weber Wiles Williams Not answering were Senators: Heath Tolleson (Excused) Henson Shafer The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Heath Shafer The members pledged allegiance to the flag. Senator Adelman of the 42nd introduced the chaplain of the day, Rabbi Adam Starr of Atlanta, Georgia, who offered scripture reading and prayer. Senator Rogers of the 21st recognized Georgia Tech head football coach Paul Johnson, commended by SR 32, adopted previously. Coach Paul Johnson addressed the Senate briefly. Senator Rogers of the 21st recognized Georgia Tech sophomore football player Jonathan Dwyer, commended by SR 33, adopted previously. Jonathan Dwyer addressed the Senate briefly. Senator Unterman of the 45th recognized the Buford Lanier Woman's Club on the 85th anniversary of its formation, commended by SR 65, adopted previously. 98 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 85. By Senators Butterworth of the 50th, Pearson of the 51st, Hawkins of the 49th, Murphy of the 27th, Shafer of the 48th and others: A RESOLUTION recognizing and commending the Northeast Georgia Mountains Travel Association on Tourism Day at the state capitol; and for other purposes. SR 86. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending the Honorable Ronnie A. Parker on the occasion of his retirement; and for other purposes. SR 87. By Senators Hill of the 4th, Williams of the 19th, Thomas of the 54th, Wiles of the 37th, Johnson of the 1st and others: A RESOLUTION recognizing and commending Dr. Bruce Grube on his retirement; and for other purposes. SR 88. By Senators Pearson of the 51st, Murphy of the 27th, Mullis of the 53rd, Smith of the 52nd and Rogers of the 21st: A RESOLUTION declaring January 28, 2009, as Economic Development Day at the state capitol; and for other purposes. SR 89. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Mr. Richard Ingram on earning his commission as Second Lieutenant in the United States Army; and for other purposes. HR 121. 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. Senator Harp of the 29th asked unanimous consent that the following bill be withdrawn from the Senate Special Judiciary Committee and committed to the Senate Public Safety Committee: WEDNESDAY, JANUARY 28, 2009 99 SB 52. By Senators Harp of the 29th, Douglas of the 17th, Staton of the 18th, Murphy of the 27th, Butler of the 55th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to provide for a registry for persons convicted of certain theft crimes; to provide for definitions; to provide that certain metal thieves register prior to release from prison; to require each sheriff to maintain and update a list of all metal thieves residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and metal thieves; to provide for a procedure for certain metal thieves to petition a court to be relieved of registration requirements; to provide for punishment for failure to comply with registration requirements; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 52 was committed to the Senate Public Safety Committee. Senator Harp of the 29th asked unanimous consent that the following bill be withdrawn from the Senate Special Judiciary Committee and committed to the Senate Public Safety Committee: SB 53. By Senators Harp of the 29th, Douglas of the 17th, Staton of the 18th, Murphy of the 27th, Henson of the 41st and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 and Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to secondary metals recyclers and general provisions for public utilities and public transportation, respectively, so as to change certain provisions relating to inspection by law enforcement officers; to provide for forfeiture of certain property and procedure therefor; to provide for the Governor to appoint certain special officers for purposes of investigating certain thefts of public utility property; to provide the special officers power of arrest, compensation, qualifications, bond, and duration of appointment and commission; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 53 was committed to the Senate Public Safety Committee. Serving as doctor of the day was Dr. Todd Williamson. The following communications were received by the Secretary: 100 JOURNAL OF THE SENATE OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 28, 2009 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Please let this letter serve as official notice that Senator Freddie Powell Sims, 12th is hereby appointed to the Senate Committee on Economic Development as an Ex-Officio Member. This appointment is effective immediately. Please contact my office if you have any questions or concerns. Sincerely, /s/ Casey Cagle Lieutenant Governor Senator Jim Butterworth District 50 325-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Veterans, Military and Homeland Security Retirement State and Local Governmental Operations January 28, 2009 The State Senate Atlanta, Georgia 30334 WEDNESDAY, JANUARY 28, 2009 101 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: I hereby request that my name be removed from Senate Bill 50 and that the journals are amended accordingly. Thank you for your assistance in this matter. Sincerely, /s/ Jim Butterworth State Senator District 50 Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, January 29, 2009. The motion prevailed, and the President announced the Senate adjourned at 11:01 a.m. 102 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, January 29, 2009 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 Senate legislation was introduced, read the first time and referred to committee: SB 61. By Senator Hudgens of the 47th: 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 related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 62. By Senators Hudgens of the 47th, Hawkins of the 49th and Butterworth of the 50th: 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 penalties; 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. THURSDAY, JANUARY 29, 2009 103 SB 63. By Senators Hudgens of the 47th, Williams of the 19th, Mullis of the 53rd and Butterworth of the 50th: 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. SB 64. By Senators Reed of the 35th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Sims of the 12th 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 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. SB 65. By Senators Grant of the 25th, Crosby of the 13th, Hooks of the 14th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 66. By Senator Harp of the 29th: A BILL to be entitled an Act to amend an Act to reconstitute the Meriwether County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 4611), 104 JOURNAL OF THE SENATE as amended, so as to stagger the terms which members of the board are elected; to provide that members in office shall continue to serve for the remainder of their terms; to change vacancy provisions; to provide for related matters; to provide for 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. SB 67. By Senators Murphy of the 27th, Rogers of the 21st, Pearson of the 51st, Mullis of the 53rd, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for certain drivers' licenses, so as to provide that such examinations shall be administered only in the English language; to provide for an exception; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SR 96. By Senators Grant of the 25th, Hooks of the 14th, Johnson of the 1st, Harp of the 29th, Douglas of the 17th and others: A RESOLUTION urging the Board of Trustees and the president of Georgia Military College to maintain the current military programs at the military junior college of Georgia, Georgia Military College; and for other purposes. Referred to the Higher Education 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 15 Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman THURSDAY, JANUARY 29, 2009 105 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 19 SB 22 SR 44 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 24 SR 83 Senator Thompson of the 33rd was excused for business outside the Senate Chamber. Senator Cowsert of the 46th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Unterman Wiles Williams 106 JOURNAL OF THE SENATE Not answering were Senators: Goggans (Excused) Weber Murphy Thompson, S. (Excused) The members pledged allegiance to the flag. Senator Jackson of the 2nd introduced the chaplain of the day, Reverend C. MeGill Brown of Savannah, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 15. By Senators Shafer of the 48th, Hill of the 32nd, Adelman of the 42nd, Williams of the 19th, Unterman of the 45th and others: A RESOLUTION expressing solidarity with Israel in its defense against terrorism in the Gaza Strip; and for other purposes. SR 91. By Senators Butterworth of the 50th, Hill of the 32nd, Pearson of the 51st, Weber of the 40th, Mullis of the 53rd and others: A RESOLUTION recognizing January 28, 2009, as Capitol Tech Day; and for other purposes. SR 92. By Senators Butterworth of the 50th, Mullis of the 53rd, Pearson of the 51st, Balfour of the 9th, Thomas of the 54th and others: A RESOLUTION honoring the life and memory of Mr. Woodrow Wilson "Woody" Coffee, Jr.; and for other purposes. SR 93. By Senators Seay of the 34th, Reed of the 35th, Tate of the 38th, Butler of the 55th and Brown of the 26th: A RESOLUTION congratulating Carl E. Swanson, Sr., and Beulah Faye Williams Swanson on the event of their 47th wedding anniversary; and for other purposes. SR 94. By Senators Seay of the 34th, Fort of the 39th, Reed of the 35th, Tate of the 38th, Butler of the 55th and others: A RESOLUTION commending Reverend Dr. Cameron Madison Alexander; and for other purposes. THURSDAY, JANUARY 29, 2009 107 SR 95. By Senators Thomas of the 54th, Mullis of the 53rd, Douglas of the 17th, Orrock of the 36th, Weber of the 40th and others: A RESOLUTION recognizing and commending former United States Department of State language assistant Mr. Ayad Majeed and his family; and for other purposes. SR 97. By Senator Grant of the 25th: A RESOLUTION celebrating the 200th anniversary of the City of Madison; and for other purposes. SR 98. By Senator Grant of the 25th: A RESOLUTION recognizing and commending Morgan County Middle School for being designated as a Georgia Lighthouse School to Watch in 2009; and for other purposes. SR 99. By Senator Grant of the 25th: A RESOLUTION commending Mr. Mark Wilson on being named 2009 National Principal of the Year; and for other purposes. SR 100. By Senator Douglas of the 17th: A RESOLUTION honoring the life and memory of Staff Sergeant Gary L. Lemonds; and for other purposes. SR 101. By Senator Grant of the 25th: A RESOLUTION commending the Class of Youth Leadership Baldwin 2009; and for other purposes. SR 102. By Senator Tate of the 38th: A RESOLUTION honoring and celebrating the 90th birthday of Mr. Norman F. Lumpkin, Sr.; and for other purposes. SR 103. By Senator Pearson of the 51st: A RESOLUTION expressing congratulations and best wishes to Dr. Joseph A. Lazzarini on the occasion of his 83rd birthday; and for other purposes. 108 JOURNAL OF THE SENATE SR 104. By Senators Hamrick of the 30th and Seabaugh of the 28th: A RESOLUTION recognizing and commending the University of West Georgia Coed Cheerleading Team; and for other purposes. Senator Hamrick of the 30th recognized the University of West Georgia coed cheerleading team, commended by SR 104. SENATE RULES CALENDAR THURSDAY, JANUARY 29, 2009 NINTH LEGISLATIVE DAY SB 1 Zero-Base Budgeting Act; provide for the application (APPROP-48th) 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 1. By Senators Shafer of the 48th, Hill of the 4th, Douglas of the 17th, Hill of the 32nd, 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 provide short titles; 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith THURSDAY, JANUARY 29, 2009 109 Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort E Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hudgens Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 1, having received the requisite constitutional majority, was passed. Serving as doctor of the day was Dr. Steven Muller. Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Friday, January 30, 2009. The motion prevailed, and the President announced the Senate adjourned at 11:15 a.m. 110 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, January 30, 2009 Tenth Legislative Day The Senate met pursuant to adjournment at 9:00 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 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 117. By Representatives Keen of the 179th, Burkhalter of the 50th, Morris of the 155th, Porter of the 143rd and Hugley of the 133rd: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the Georgia House of Representatives, respectively; to provide for editorial revision; 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 169. By Representatives Maddox of the 127th, Sellier of the 136th, Knight of the 126th and Cole of the 125th: A RESOLUTION recognizing the Annual Smoke on the Water BBQ and Bluegrass Festival as a Georgia State BBQ Championship competition; and for other purposes. FRIDAY, JANUARY 30, 2009 111 The following Senate legislation was introduced, read the first time and referred to committee: SB 68. By Senators Murphy of the 27th, Harp of the 29th, Golden of the 8th, Grant of the 25th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that counties and municipalities may by resolution or ordinance provide an exception from the prohibition against the sale of alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; 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 69. By Senators Unterman of the 45th, Murphy of the 27th, Balfour of the 9th, Hudgens of the 47th, Williams of the 19th and others: A BILL to be entitled an Act to amend Titles 19 and 49 of the Official Code of Georgia Annotated, relating to domestic relations and social services, respectively, so as to expand the definition of "sexual exploitation"; 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 70. By Senators Hooks of the 14th, Adelman of the 42nd, Jackson of the 2nd, Harbison of the 15th, Ramsey, Sr. of the 43rd 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 finance regulation and disclosure, so as to require special expedited reporting of certain campaign contributions; to provide that the contributions subject to such reporting shall be those where there exists a contractual, grant, or regulatory relationship between the contributor and the office of the public officer or candidate for public office; to define terms; to provide for the manner and contents of reports; to provide for civil enforcement; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. 112 JOURNAL OF THE SENATE SB 71. By Senators Heath of the 31st, Jackson of the 24th, Butterworth of the 50th, Douglas of the 17th, Murphy of the 27th and others: A BILL to be entitled an Act to prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, or other substances; to amend Code Section 27-3-7 of the O.C.G.A., relating to hunting under the influence of alcohol or drugs, so as to harmonize certain provisions with those applicable to driving a vehicle under the influence of alcohol, drugs, or other substances; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to registration, operation, and sale of watercraft, so as to harmonize certain provisions relating to operation of vessels, water skis, aquaplanes, and surfboards while under the influence of alcohol or drugs with those applicable to driving a vehicle under the influence of alcohol, drugs, or other substances; 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. SB 72. By Senators Heath of the 31st, Jackson of the 24th, Tolleson of the 20th, Butterworth of the 50th and Douglas of the 17th: A BILL to be entitled an Act to provide dates certain for purposes of establishing criminal violations of rules and regulations relating to matters under the jurisdiction of the Wildlife Resources Division of the Department of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., 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 amend Chapter 7 of Title 52 of the O.C.G.A., relating to registration, operation, and sale of watercraft, so as to change certain provisions relating to penalty for violations relative to registration, operation, and sale of watercraft generally; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 73. By Senators Hamrick of the 30th, Crosby of the 13th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 17-4-40 of the Official Code of Georgia Annotated, relating to persons who may issue warrants for arrest, so as to provide a judge of the magistrate court with certain authority regarding the issuance of certain warrants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. FRIDAY, JANUARY 30, 2009 113 SB 74. By Senators Unterman of the 45th, Murphy of the 27th, Balfour of the 9th, Hudgens of the 47th, Williams of the 19th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of employment of minors, so as to provide for the minimum age of certain employees in adult entertainment establishments; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 75. By Senators Heath of the 31st, Hooks of the 14th, Cowsert of the 46th, Bulloch of the 11th, Tolleson of the 20th 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 or fish on their property or allow persons on such property for agritourism; to provide for a short title; to require the posting of certain signs; to provide for specifications for such signs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 76. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to repeal Code Section 34-9-135; to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, so as to remove certain references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 77. By Senators Reed of the 35th, Tate of the 38th, Orrock of the 36th, Fort of the 39th, Jones of the 10th 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 provisions applicable to municipal corporations, so as to create a special district in all municipal corporations which employ in excess of 1,500 police officers and firefighters combined; to impose and levy a special district tax within such districts for the purpose of 114 JOURNAL OF THE SENATE providing all or a portion of the salaries for police officers and firefighters; to provide for a referendum; to provide for adjustment of such tax rate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 78. By Senators Tolleson of the 20th, Golden of the 8th, Wiles of the 37th, Stoner of the 6th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 107. By Senators Pearson of the 51st, Murphy of the 27th, Hawkins of the 49th, Butterworth of the 50th and Moody of the 56th: A RESOLUTION urging the United States Congress to facilitate the building of reservoirs upstream from Lake Sidney Lanier; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 108. By Senators Johnson of the 1st, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd, Tolleson of the 20th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that where local, state, or federal law requires elections for public office or public votes on initiatives or referenda, or designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Ethics Committee. FRIDAY, JANUARY 30, 2009 115 SR 109. By Senators Tolleson of the 20th, Mullis of the 53rd, Balfour of the 9th, Pearson of the 51st and Stoner of the 6th: A RESOLUTION creating the Joint Study Committee on the Retrofit of Diesel Engines Referred to the Natural Resources and the Environment Committee. SR 110. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers of the 21st, Seabaugh of the 28th and others: 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 Finance Committee. The following House legislation was read the first time and referred to committee: HB 117. By Representatives Keen of the 179th, Burkhalter of the 50th, Morris of the 155th, Porter of the 143rd and Hugley of the 133rd: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the Georgia House of Representatives, respectively; to provide for editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. The following committee reports were read by the Secretary: Mr. President: The 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 1 Do Pass by substitute Respectfully submitted, Senator Chance of the 16th District, Chairman 116 JOURNAL OF THE SENATE 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 8 Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 61 SB 62 Do Pass Do Pass Respectfully submitted, Senator Hudgens of the 47th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 42 Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd 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 39 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman FRIDAY, JANUARY 30, 2009 117 The following legislation was read the second time: SB 19 SB 22 SR 44 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 members pledged allegiance to the flag. Senator Powell of the 23rd introduced the chaplain of the day, Reverend Jerry E. Cole of Hephzibah, Georgia, who offered scripture reading and prayer. Senator Thomas of the 54th introduced the doctor of the day, Dr. Robert Kelly. The following resolutions were read and adopted: SR 105. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mrs. Mary Lyle; and for other purposes. SR 106. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mrs. Ruth and Dr. James Kilgore; and for other purposes. SR 111. By Senators Pearson of the 51st, Balfour of the 9th, Grant of the 25th and Mullis of the 53rd: A RESOLUTION declaring February 3, 2009, as Food Service Industry Day at the state capitol and commending the food service industry of Georgia; and for other purposes. SR 112. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION recognizing and commending Ms. Marguerite Cline; and for other purposes. SR 113. By Senators Brown of the 26th, Reed of the 35th, Butler of the 55th, Fort of the 39th, Jones of the 10th and others: A RESOLUTION recognizing the contributions of black contractors to the State of Georgia and declaring February 5, 2009, as "Black Contractors Day in Georgia"; and for other purposes. 118 JOURNAL OF THE SENATE SR 114. By Senators Brown of the 26th and Staton of the 18th: A RESOLUTION honoring Dr. Bruce Stuart Allen for his accomplishments and on the occasion of his appointment as the first Honorary Consul of the Principality of Liechtenstein; and for other purposes. SR 115. By Senators Brown of the 26th and Staton of the 18th: A RESOLUTION honoring Dr. Bruce Stuart Allen on the occasion of his appointment as the first Honorary Consul of the Principality of Liechtenstein; and for other purposes. SR 118. By Senator Shafer of the 48th: A RESOLUTION honoring Robert H. "Bob" Bell on the occasion of his 80th birthday; and for other purposes. HR 169. By Representatives Maddox of the 127th, Sellier of the 136th, Knight of the 126th and Cole of the 125th: A RESOLUTION recognizing the Annual Smoke on the Water BBQ and Bluegrass Festival as a Georgia State BBQ Championship competition; and for other purposes. Senator Pearson of the 51st recognized Dr. Joseph A. Lazzarini on the occasion of his 83rd birthday, commended by SR 103, adopted previously. The following communication was received by the Secretary: Senator Gail Buckner District 44 313-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Government Oversight Interstate Cooperation State Institutions and Property Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM DATE: January 30, 2009 FRIDAY, JANUARY 30, 2009 119 MEMO TO: President of the Senate FROM: Gail Buckner, Senate District 44 RE: Enter Yes Vote on Senate Bill 1 Due to a conference at the Capitol with approximately 50 senior citizens from my district, I missed the vote on SB 1. I am requesting to be recorded as voting YES on SB 1. Thank you. /s/ Gail Buckner Senator Rogers of the 21st moved that the Senate stand in recess until 5:00 p.m., and then stand adjourned, pursuant to HR 17, until 1:00 p.m. Monday, February 2, 2009. At 9:50 a.m. the President announced that the motion prevailed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 143. By Representatives O`Neal of the 146th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Title 36 and Title 45 of the Official Code of Georgia Annotated, relating, respectively, to local government and public officers and employees, so as to change the manner and method of appropriating funds for homeowner tax relief grants; to provide for procedures, conditions, and limitations; to change certain provisions regarding certain reservation authority for appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes. The following House legislation was read the first time and referred to committee: 120 JOURNAL OF THE SENATE HB 143. By Representatives O`Neal of the 146th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Title 36 and Title 45 of the Official Code of Georgia Annotated, relating, respectively, to local government and public officers and employees, so as to change the manner and method of appropriating funds for homeowner tax relief grants; to provide for procedures, conditions, and limitations; to change certain provisions regarding certain reservation authority for appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. Pursuant to an earlier adopted motion, the Senate stood adjourned at 5:00 p.m. MONDAY, FEBRUARY 2, 2009 121 Senate Chamber, Atlanta, Georgia Monday, February 2, 2009 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 Senate legislation was introduced, read the first time and referred to committee: SB 79. By Senators Harp of the 29th, Unterman of the 45th, Williams of the 19th, Hamrick of the 30th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to define a certain term; to provide for access by certain governmental entities and certain persons to records concerning reports of child abuse; to provide that certain records relating to a child fatality or near fatality shall not be confidential; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 80. By Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Tolleson of the 20th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. 122 JOURNAL OF THE SENATE SB 81. By Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide that members of an electric membership corporation shall be qualified to serve as a juror or grand juror in cases in which the electric membership corporation is a party or is interested; to provide for related matters; to repeal conflicting laws; for other purposes. Referred to the Judiciary Committee. SB 82. By Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to change provisions relating to transaction records; to provide for transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to provide for supervision of secondary metals recyclers by counties, municipal corporations, or consolidated governments; to change provisions relating to the superseding nature of the article; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 83. By Senators Rogers of the 21st, Williams of the 19th, Chance of the 16th, Pearson of the 51st, Hill of the 4th 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 increase the amount of the state-wide homestead exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $4,000.00 with automatic future adjustments; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a special election; to provide for automatic repeal under certain circumstances; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 84. By Senators Heath of the 31st, Williams of the 19th, Cowsert of the 46th, Rogers of the 21st, Johnson of the 1st 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 revise provisions relating to eligibility for election as a local board of MONDAY, FEBRUARY 2, 2009 123 education member; to provide for legislative findings; to limit the size of local boards of education; to revise provisions relating to per diem and expenses of local board of education members; to revise certain provisions relating to the secretary of local boards of education; to provide for the fundamental roles of local boards of education and local school superintendents; to prohibit certain conflicts of interest of board members; to provide for a code of ethics for local board of education members; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SR 117. By Senators Mullis of the 53rd, Stoner of the 6th, Seay of the 34th, Staton of the 18th, Reed of the 35th and others: A RESOLUTION urging the Georgia Department of Transportation to build a maglev train connecting Hartsfield-Jackson Airport in Atlanta along Interstate 75 with the Chattanooga Municipal Airport (Lovell Field), to be known as the "The Plane Train"; and for other purposes. Referred to the Transportation Committee. The following legislation was read the second time: SB 8 SB 39 SB 42 SB 61 SB 62 SR 1 Senator Johnson of the 1st asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with. The members pledged allegiance to the flag. Senator Mullis of the 53rd introduced the chaplain of the day, Dr. Steve Anthony of Rock Spring, Georgia, who offered scripture reading and prayer. Senator Chance of the 16th introduced the doctor of the day, Dr. Robert J. Cox. The following resolutions were read and adopted: SR 116. By Senators Adelman of the 42nd and Rogers of the 21st: A RESOLUTION congratulating Casy Elyse Walker, Miss Cherokee County 2009; and for other purposes. 124 JOURNAL OF THE SENATE SR 119. By Senator Unterman of the 45th: A RESOLUTION recognizing the contributions of senior Georgians and declaring the week of February 24, 2009, as Senior Week at the Capitol; and for other purposes. SR 120. By Senator Harbison of the 15th: A RESOLUTION commending Miss Chasity Hardman on placing as first runner-up in the Miss America Pageant; and for other purposes. SR 121. By Senator Harbison of the 15th: A RESOLUTION honoring and celebrating the 80th birthday of Mrs. Annie Carter; and for other purposes. SR 122. By Senator Harbison of the 15th: A RESOLUTION honoring the life and memory of Reverend Jimmie Jakes, Sr.; and for other purposes. Senator Johnson of the 1st asked unanimous consent that the following resolution be withdrawn from the Senate Ethics Committee and committed to the Senate Insurance and Labor Committee: SR 108. By Senators Johnson of the 1st, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd, Tolleson of the 20th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that where local, state, or federal law requires elections for public office or public votes on initiatives or referenda, or designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The consent was granted, and SR 108 was committed to the Senate Insurance and Labor Committee. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, February 3, 2009. The motion prevailed, and the President announced the Senate adjourned at 1:50 p.m. TUESDAY, FEBRUARY 3, 2009 125 Senate Chamber, Atlanta, Georgia Tuesday, February 3, 2009 Twelfth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 60. By Representatives Jacobs of the 80th, Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements and exceptions, so as to provide that no person exempt from the licensing requirements of such Code section shall hold himself or herself out as being licensed to practice professional counseling, social work, or marriage and family therapy or use any term or other indicia implying that he or she is licensed to practice professional counseling, social work, or marriage and family therapy or any combination thereof; to repeal conflicting laws; and for other purposes. HB 141. By Representatives Mills of the 25th and Hill of the 21st: 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 update definitions; to provide for penalties for failure to provide requested information by financial institutions; to include bank holding companies in the definition of financial institutions; to include credit unions in restricted nomenclature; to broaden the definition of legal lending limit; to provide 126 JOURNAL OF THE SENATE for payment of dividends by Subchapter S banks; to change the amount of par value; to provide for the investigative powers of the Department of Banking and Finance; to provide for immunity from civil liability for proper disclosure of information; 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 85. By Senators Heath of the 31st, Cowsert of the 46th, Pearson of the 51st, Butterworth of the 50th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Title 6 of the O.C.G.A., relating to aviation, so as to create the Georgia Aviation Authority; to amend Code Section 32-2-2 of the O.C.G.A., relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the O.C.G.A., relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 86. By Senators Staton of the 18th, Butterworth of the 50th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of proof of citizenship; to provide for retention of such information; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 87. By Senators Jackson of the 2nd and Johnson of the 1st: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to TUESDAY, FEBRUARY 3, 2009 127 designate the Georgia Mass Choir as Georgia's official mass choir; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. SB 88. By Senator Jackson of the 2nd: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50, relating to other state symbols, so as to provide that the Ralph Mark Gilbert Civil Rights Museum shall be the official state civil rights museum; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. SB 90. By Senators Johnson of the 1st, Rogers of the 21st, Hill of the 32nd, Unterman of the 45th, Moody of the 56th 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 the option for parents to enroll their child in another school within the local school system, a school in another local school system, or in a private school under certain conditions; to provide for definitions; to provide for the amount of scholarship and method of payments; to provide for rules and regulations; to provide for limited liability; to provide for an annual report on the program; 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. The following House legislation was read the first time and referred to committee: HB 60. By Representatives Jacobs of the 80th, Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements and exceptions, so as to provide that no person exempt from the licensing requirements of such Code section shall hold himself or herself out as being licensed to practice professional counseling, social work, or marriage and family therapy or use any term or other indicia implying that he or she is licensed to practice professional counseling, social work, or marriage and family therapy or any combination thereof; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. 128 JOURNAL OF THE SENATE HB 141. By Representatives Mills of the 25th and Hill of the 21st: 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 update definitions; to provide for penalties for failure to provide requested information by financial institutions; to include bank holding companies in the definition of financial institutions; to include credit unions in restricted nomenclature; to broaden the definition of legal lending limit; to provide for payment of dividends by Subchapter S banks; to change the amount of par value; to provide for the investigative powers of the Department of Banking and Finance; to provide for immunity from civil liability for proper disclosure of information; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions 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 30 SB 43 Do Pass by substitute Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 14 Do Pass Respectfully submitted, Senator Weber of the 40th District, Chairman Senator Orrock of the 36th was excused for business outside the Senate Chamber. TUESDAY, FEBRUARY 3, 2009 129 The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Jones Moody Mullis Murphy Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Staton Stoner Tarver Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Not answering were Senators: Bulloch Johnson Smith Butler Orrock (Excused) Tate Henson Reed Williams The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Bulloch Johnson Smith Williams Butler Reed Tate The members pledged allegiance to the flag. Senator Rogers of the 21st introduced the chaplain of the day, Dr. David Cooper of Atlanta, Georgia, who offered scripture reading and prayer. Senator Moody of the 56th introduced the doctor of the day, Dr. Earl Grubbs. Senator Hill of the 4th recognized Dr. Bruce Grube, president of Georgia Southern University, on his retirement, commended by SR 87, adopted previously. Dr. Bruce Grube addressed the Senate briefly. 130 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 125. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending Clayton County Fire and Emergency Services; and for other purposes. Senator Buckner of the 44th recognized Clayton County Fire and Emergency Services, commended by SR 125. Deputy Fire Chief Jeff Hood addressed the Senate briefly. SR 124. By Senators Mullis of the 53rd, Hill of the 32nd, Douglas of the 17th and Stoner of the 6th: A RESOLUTION commending the Georgia Motorcoach Operators Association and declaring February 3, 2009, as Georgia Motorcoach Operators Association Day at the state capitol; and for other purposes. Senator Pearson of the 51st recognized the Georgia Motorcoach Operators Association and declared February 3, 2009, as Georgia Motorcoach Operators Association Day at the state capitol, pursuant to SR 124. SR 123. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending Dean Scott Angle of the University of Georgia's College of Agricultural and Environmental Sciences; and for other purposes SB 13 SENATE RULES CALENDAR TUESDAY, FEBRUARY 3, 2009 TWELFTH LEGISLATIVE DAY Crimes; provide the imposition of life without parole; person convicted of murder independently of a death penalty prosecution (JUDY-52nd) SB 39 Taxes; provide for a 1% sales tax; transportation projects in special transportation districts within the state (Substitute)(TRANS-53rd) SR 44 Tax; regional local option transportation tax-CA (TRANS-53rd) SB 8 Student Health; provide for possession/self-administration of autoinjectable epinephrine by students (H&HS-27th) SB 61 Life Settlements Act; license/registration requirements for life settlement brokers; definitions (I&L-47th) TUESDAY, FEBRUARY 3, 2009 131 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 13. By Senators Smith of the 52nd, Cowsert of the 46th, Tarver of the 22nd, Reed of the 35th, Hamrick of the 30th and others: 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 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: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 132 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 54, nays 0. SB 13, 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 Please record my vote as Yes on SB 13. 2/3/09 /s/ Jack Murphy SB 39. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: 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 a 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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. The Senate Transportation Committee offered the following substitute to SB 39: A BILL TO BE ENTITLED AN ACT TUESDAY, FEBRUARY 3, 2009 133 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 an up to 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects of the district; to provide that each county may opt out of the district; to provide for the district to pass a resolution calling for a referendum within the district; to provide for the tax to be levied by the participating counties; to provide for the funds collected to be deposited in trust accounts; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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. As used in this article, the term: (1) 'District' means the metropolitan transportation district and special transportation districts created in Code Sections 48-8-222 and 48-8-223. (2) 'Levy' means the district-wide sales and use tax authorized by Code Section 48-8221. (3) 'Qualified municipality' means a qualified municipality as defined in Code Section 48-8-110 situated wholly or partly within a district. (4) 'Transportation agency' means a Georgia department or authority authorized by general law to engage in activities relating to transportation projects or purposes. (5) 'Transportation project' or 'transportation purpose' means, without limitation, roads and bridges, freight and passenger rail, airports, public transit, buses, seaports, and all activities and structures useful and incident to providing, operating, and maintaining the same; provided, however, that 'transportation project' or 'transportation purpose' shall not include projects which are inconsistent with any state-wide strategic transportation plan adopted by the General Assembly. (6) 'Voting officials of the district' means the elected officials representing the county, counties, or qualified municipalities in a district. 48-8-221. (a) In accordance with the provisions of Article IX, Section IV, Paragraph V of the Constitution, on or after January 1, 2011, a single sales and use tax of up to 1 percent may be levied as provided in this article to fund transportation projects in a district. 134 JOURNAL OF THE SENATE (b) A county shall be wholly within one transportation district. No county shall be divided among more than one district. The boundaries of the districts shall be otherwise as determined by the constituent counties. (c) After the formation of a special transportation district, but prior to the passage of the resolution calling for imposition of the tax authorized by this article, the governing authority of any county sharing a boundary with any county within a district may by resolution opt into such district. Prior to the county governing authority's vote to opt into the district, the county shall follow the procedures of paragraph (2) of subsection (a) of Code Section 48-8-223 for meeting with all of the qualified municipalities. In order to add the county to the district, the governing authorities of the counties within the district must concur. Not less than ten days prior to a vote on a resolution for such purpose, notice of the intention of a county to opt into the district shall be transmitted by the governing authority of such county to the metropolitan transportation district board if created pursuant to Code Section 48-8-222, to the governing authority of each qualified municipality within the county proposing to opt into the district, and to the governing authority of each other county within such district. (d) District projects undertaken pursuant to this article shall not be subject to review or approval by the Georgia Regional Transportation Authority. 48-8-222. (a) There is created within this state a metropolitan transportation district encompassing and being coterminous with the geographical area on January 1, 2009, of each metropolitan area planning and development commission that was activated prior to January 1, 1972, pursuant to Article 4 of Chapter 8 of Title 50. The management and supervision of such district shall be vested in a district board to consist of those members of the council of the metropolitan area planning and development commission as provided for by Code Section 50-8-84 holding elective public office, to serve during their service as members of the commission and until their successors are duly elected and qualified. (b) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects. (c) The metropolitan transportation district may authorize the levy provided for by this article as follows: (1) The district, in cooperation with its constituent counties and qualified municipalities and its designated transportation agency or agencies, shall propound by resolution a list of transportation projects to be funded by a district levy. Approval of such resolution shall require the affirmative vote of a majority of the voting members of the district. Such resolution shall include: (A) A list of the specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; (C) The rate of the levy; and TUESDAY, FEBRUARY 3, 2009 135 (D) The maximum period of time, to be stated in calendar years, for which the levy may be imposed; (2) The district resolution provided for by paragraph (1) of this subsection shall be immediately transmitted to the governing authority of each county and qualified municipality within the district. Each such governing authority shall thereafter have 45 days from the date of such submission to vote to opt the county out of such district. A county shall opt out of the district upon the affirmative vote of the county governing authority on a resolution for such purpose and upon the affirmative vote on resolutions for such purpose by a majority of the governing authorities of qualified municipalities representing more than 50 percent of the municipal population of such county according to the United States decennial census of 2000 or any future such census. Notice of the opting out of a county shall be immediately transmitted by the governing authority of such county to the governing authority of each other county within the district, to the governing authority of each qualified municipality within the county, and to the governing authority of each county sharing a border with any county within the district; (3) Upon any county opting out of a district pursuant to paragraph (2) of this subsection, any remaining constituent county shall have 30 days from the expiration of the 45 day period provided for in paragraph (2) of this subsection to opt out of such district by the same mechanism and with the same notice provided for in paragraph (2) of this subsection; (4) Those counties that do not opt out of a district within the time limits prescribed in this subsection and those which opt in pursuant to the provisions subsection (c) of Code Section 48-8-221 shall thereafter constitute the special transportation district. The voting officials of the district shall be reconstituted to include, pursuant to subsection (c) of Code Section 48-8-221, only the elected officials of those counties and qualified municipalities included in the special transportation district; (5) The voting officials of the district as reconstituted pursuant to paragraph (4) of this subsection shall meet as soon as practicable after the reconstitution of the district. The district in cooperation with its constituent counties and qualified municipalities and the designated transportation agency or agencies may revise by resolution the list of transportation projects, if necessary or advisable, to remove or amend any project planned for an area no longer within the district and to add or amend any project for an area that was added to the district; and (6) As soon as practicable after the expiration of the time for removal of counties from a district and after any revision of such resolution after the removal of any counties from the district, the voting officials of the district may by a majority vote submit to electors of the district the transportation project list and the question of whether the levy provided for by this article should be approved. 48-8-223. (a)(1) Special transportation districts not encompassing any part of the metropolitan transportation district created pursuant to Code Section 48-8-222 may be created by 136 JOURNAL OF THE SENATE the governing authorities of two or more contiguous counties or by the governing authority of a single county. (2) Prior to the issuance of the call for the referendum required by subsection (d) of this Code section, the county or counties that desire to levy a tax under this article within the special transportation district created pursuant to this Code section shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. (b)(1) Following the meeting required by paragraph (2) of subsection (a) of this Code section, the governing authority or authorities of the county or counties within the district may enter into an intergovernmental agreement with each other and with one or more qualified municipalities within the district containing a combined total of no less than 50 percent of the aggregate municipal population located within the district. (2) At a minimum, the intergovernmental agreement authorized by paragraph (1) of this subsection shall include the following: (A) A list of the projects and proposals qualifying as transportation purposes proposed to be funded from the levy; (B) The estimated or projected dollar amounts allocated for each project from proceeds from the levy authorized by this article; (C) The procedures for distributing proceeds from the levy authorized by this article to qualified municipalities; (D) A schedule for distributing proceeds from the levy authorized by this article to qualified municipalities which shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all transportation projects included in the agreement shall be funded from proceeds from the levy authorized by this article except as otherwise agreed; (F) A provision that proceeds from the levy authorized by this article shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article; and (H) Such other provisions as the county, counties, and participating municipalities choose to address. (c)(1) Following the commencement of negotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which reflects a good faith effort to resolve the dispute. Any negotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (2) of this subsection. If the parties fail to TUESDAY, FEBRUARY 3, 2009 137 reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, any party necessary to an agreement may file a petition in superior court of the county seeking resolution of the items remaining 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 county and qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district shall separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from the county and one from qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district. The offer from the county may be an offer representing the county and any municipalities that are not represented in the offer from the qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district. The visiting or senior judge shall conduct such hearings as the judge deems necessary and shall render a decision based on, but not limited to, the criteria in paragraph (2) of this subsection. The judge's decision on the allocation of the levy proceeds shall adopt the best and final offer of one of the parties but shall also include findings of fact. The judge shall enter a final order containing a distribution certificate and transmit a copy of it to the commissioner of revenue. Appeal shall be by application and the decision of the judge shall be altered only for the judge's disregard of the law, for partiality of the judge, or for corruption, fraud, or misconduct by the judge or a party. (2) The judge's decision on the allocation of the levy proceeds shall be based upon, but not be limited to, the following criteria: (A) Assurance of future trip reliability and competitive travel times; (B) Navigation around metropolitan area congestion; (C) Connection of major freight origins and destinations; (D) Creation of limited access facilities for trucks connecting other origins and destinations; (E) Creation of new capacity for freight rail; (F) Addressing of major bottlenecks; (G) Improvement or grade separation of major at-grade rail crossings; (H) Expansion of access to jobs and linkage of labor markets; (I) Implementation of current transportation plans; (J) Creation of a high-speed or commuter rail network; (K) Enhancement of public mass transit operations and capacity; (L) Maintenance and improvement of existing roads and bridges; and (M) Each jurisdiction's mileage of public roads and vehicle mileage traveled as determined by the Georgia Department of Transportation. (3) Costs of any conflict resolution under paragraph (1) of this subsection shall be 138 JOURNAL OF THE SENATE borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the levy as reflected by the renegotiated certificate or as otherwise ordered by the court. (d)(1) As soon as practicable after the meeting between the governing authorities of the county, counties, and qualified cities and the execution of an intergovernmental agreement, if applicable, the governing authorities of the counties of the district may by a majority vote on a resolution offered for such purpose submit the project list and the question of whether the levy provided for by this article should be approved to electors of the district in an election called for such purpose and shall notify each county election superintendent within the district by forwarding to the superintendent a copy of such resolution calling for the imposition of the levy. (2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; and (C) The maximum period of time, to be stated in calendar years, for which the levy may be levied and the rate thereof. (e) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects. 48-8-224. (a) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the levy shall correspond generally to the procedures provided for by Part 1 of Article 3 of this chapter, except that the project or proposal list provided for by Code Sections 48-8-222 and 48-8-223, or a digest thereof, shall be available during regular business hours in the office of the county clerk of each county that has authorized the levy. (b) The ballot submitting the question of the imposition of the levy authorized by this article to the voters within the special district shall have written or printed thereon the following: '( ) YES ( ) NO Shall a special ___ percent sales and use tax be imposed in the special transportation district consisting of _______County (or Counties) for a period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for the purpose of transportation?' (c) The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the levy shall vote 'Yes' and all persons opposed to imposing the levy shall vote 'No.' If more than one-half of the votes cast throughout the entire district are in favor of imposing the levy, then the levy shall TUESDAY, FEBRUARY 3, 2009 139 be imposed as provided in this article. (d) Where such question is not approved by the voters, the county or counties of the district may resubmit such question from time to time and may amend such project or proposal list or digest thereof. Proceedings for the reimposition of such levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (e) Whenever the levy is authorized pursuant to the provisions of this article, the counties within the approving district shall levy a sales and use tax as provided for by this article, to be collected as provided by law. 48-8-225. The proceeds of a levy authorized by this article shall be transferred to a trust fund maintained on behalf of the district by the metropolitan district board if created pursuant to Code Section 48-8-222 or by one of the counties that created the district, a regional commission, or some other public body agreed to by the county or counties that created the district if the district was created pursuant to Code Section 48-8-223. Such proceeds are to be expended as provided for by this article and shall be used exclusively for the purpose or purposes specified in the resolution calling for imposition of the levy and shall not be commingled in any manner with any other funds held or received by any county, municipality, or metropolitan district board. 48-8-226. Upon request of the metropolitan district board, if the district was created pursuant to Code Section 48-8-222, or upon request of the county or counties that created the district, if the district was created pursuant to Code Section 48-8-223, the district transportation agency or agencies and the Department of Community Affairs shall cooperate with the district and its constituent counties and qualifying municipalities, and upon request of such parties shall be responsible for designing, planning, and contracting for the construction of the projects. 48-8-227. Nothing in this article shall be construed to prohibit counties and municipalities located in a district from imposing as additional taxes local sales and use taxes otherwise authorized by general law. 48-8-228. The levy authorized by this article shall not be imposed in any jurisdiction the electors of which were not eligible to vote in an election called to approve such levy. 48-8-229. The levy authorized by this article shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing. 140 JOURNAL OF THE SENATE 48-8-230. (a) The levy provided for by this article shall only be levied on the first $5,000.00 of any transaction regarding a motor vehicle, watercraft, or aircraft. (b) The levy provided for by this article 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, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, '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. 48-8-231. Except as otherwise specifically provided in this article, the levy authorized by this article shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that such levy shall be levied on the sale of food or beverages as provided for in paragraph (57) of Code Section 48-8-3. 48-8-232. A record of projects on which levy proceeds are used shall be maintained by each county and municipality receiving proceeds from the levy authorized by this article, and a report shall prepared not later than December 31 of each year. Such record and report shall conform to the requirements of Code Section 48-8-122." SECTION 2. This Act shall become effective on January 1, 2011; provided, however, that this Act shall only become effective on January 1, 2011, upon the ratification of a resolution at the November, 2010, state-wide general election, which resolution amends the Constitution so as to authorize regional funding sources for transportation purposes. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2011. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Chance of the 16th and Douglas of the 17th offered the following amendment #1: Amend the committee substitute to SB 39 (LC 34 2061S) by revising all matter on lines 81 through 89 as follows: (2) The district resolution provided for by paragraph (1) of this subsection shall be TUESDAY, FEBRUARY 3, 2009 141 immediately transmitted to the governing authority of each county and qualified municipality within the district. Each such governing authority shall thereafter have 45 days from the date of such submission to vote to opt the county out of such district. A county shall opt out of the district upon: (A) The affirmative vote of the county governing authority on a resolution for such purpose; and (B) If there are one or more municipalities within the county whose area within the county contains more than 50 percent of the population of the county, the affirmative vote on resolutions for such purpose by the governing authorities of qualified municipalities representing more than 50 percent of the population of the county. Only the vote described in subparagraph (A) of this paragraph shall be required for the opt-out if the county is not described in subparagraph (B) of this paragraph. For a county described in subparagraph (B) of this paragraph, the votes described in subparagraphs (A) and (B) of this paragraph shall be required for the opt-out. All measurements of population for purposes of this paragraph shall be according to the United States decennial census of 2000 or any future such census. Notice of the On the adoption of the amendment, the yeas were 27, nays 20, and the Wiles et al. amendment #1 to the committee substitute was adopted. Senators Jones of the 10th, Mullis of the 53rd, Thompson of the 33rd, Stoner of the 6th, Williams of the 19th and others offered the following amendment #2: Amend the Senate Transportation Committee substitute to SB 39 by adding "(a)" at the beginning of line 301. By deleting the quotation mark at the end of line 304. By adding between lines 304 and 305 the following: (b) 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 its procurement practices." On the adoption of the amendment, there were no objections, and the Jones 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: 142 JOURNAL OF THE SENATE Y Adelman Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers N Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 3. SB 39, having received the requisite constitutional majority, was passed by substitute. SR 44. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide for a 1 percent regional local option sales and use tax for a specified period of time to fund specific transportation projects; 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 a new Paragraph V to read as follows: "Paragraph V. Regional Local Option Transportation Tax. (a) The General Assembly is authorized to provide by general law for a regional local option transportation sales and use tax of up to 1 percent to fund transportation projects. Such general law shall provide for the manner and method of imposing the tax and shall provide for all of the following: (1) The duration and exemptions of the tax levied under this Paragraph; TUESDAY, FEBRUARY 3, 2009 143 (2) The levy of a tax under this Paragraph by the county governing authority participating in a special transportation district if such tax is approved in a referendum; (3) The qualifying transportation projects to be funded by the tax levied under this Paragraph, including but not 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; (5) The creation of special transportation districts; (6) Prior to calling for any referendum to levy the tax under this Paragraph, the developing and publishing of a list of transportation projects to be funded within the special transportation district; (7) The requirement that all of the funds collected pursuant to the levy of the tax under this Paragraph shall be spent on transportation 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 levied under this Paragraph 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 levied pursuant to this Paragraph shall not be subject to and shall not count toward 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 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 allow a regional ( ) NO local option sales tax of up to 1 percent to be used to fund transportation projects within the region from which the funds are collected?" 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 Thompson of the 33rd offered the following substitute to SR 44: A RESOLUTION Proposing an amendment to the Constitution so as to provide for state tax reform; to provide for the imposition, levy, and collection of a state sales and use tax at the rate of 1 144 JOURNAL OF THE SENATE percent, the proceeds of which shall in part be appropriated for any or all transportation purposes; to require mandatory funding of homeowner tax relief grants; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph to read as follows: "(b.1) There is imposed and levied a state sales and use tax at the rate of 1 percent to be used for any or all transportation purposes. The sales and use tax imposed by this subparagraph shall correspond to and shall be imposed, levied, and collected in the same manner as the state sales and use tax imposed by the revenue laws of this state, as now or hereafter amended, except as otherwise provided in this subparagraph. An amount equal to the sum of all proceeds derived from the tax imposed by this subparagraph received by the state in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, shall be appropriated for the fiscal year beginning on July 1 of each year following for any or all transportation purposes as may be authorized by general law. The General Assembly is specifically authorized to allocate and direct the use of the funds provided for under this subparagraph by general law. The funds provided for under this subparagraph shall be appropriated for the transportation purposes authorized under this subparagraph regardless of whether the General Assembly enacts a General Appropriations Act; and said funds 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 transportation 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 subparagraph; provided, however, that the proceeds of the transportation tax appropriated under this subparagraph 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 2. Article VII, Section IIA of the Constitution is amended by revising Paragraph I as follows: "Paragraph I. State grants; adjustment amount. For each taxable year, a homeowner's incentive adjustment may shall be applied to the return of each taxpayer claiming such state-wide homestead exemption as may be specified by general law. The amount of such adjustment may shall provide a taxpayer with a benefit equivalent to a homestead TUESDAY, FEBRUARY 3, 2009 145 exemption of up to $18,000.00 of the assessed value of a taxpayer's homestead or the taxpayer's ad valorem property tax liability on the homestead, whichever is lower. The General Assembly may shall appropriate such amount each year for grants to local governments and school districts as homeowner tax relief grants. The adjustments and grants authorized by this Paragraph shall be made in such manner and shall be subject to the procedures and conditions as may be specified by general law heretofore or hereafter enacted." 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 state tax reform by imposing a state sales and use tax at the rate of 1 percent ( ) NO for any or all transportation purposes and requiring mandatory funding of homeowner tax relief grants?" 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 Thompson of the 33rd asked unanimous consent that his substitute be withdrawn. The consent was granted, and the substitute was withdrawn. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C 146 JOURNAL OF THE SENATE Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 53, nays 2. SR 44, having received the requisite two-thirds constitutional majority, was adopted. Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Wednesday, February 4, 2009. The motion prevailed, and the President announced the Senate adjourned at 12:17 p.m. WEDNESDAY, FEBRUARY 4, 2009 147 Senate Chamber, Atlanta, Georgia Wednesday, February 4, 2009 Thirteenth 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 House: HB 49. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th and Cooper of the 41st: A BILL to be entitled an Act to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce, so as to revise certain provisions relating to the powers, duties, and responsibilities of the board; 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 89. By Senators Butler of the 55th, Williams of the 19th, Brown of the 26th, Mullis of the 53rd, Stoner of the 6th and others: A BILL to be entitled an Act to amend Code Section 16-12-120 of the Official Code of Georgia Annotated, relating to acts prohibited in public transit buses and rapid rail cars or stations, so as to allow the consumption of food and beverages in a rapid rail station or intermodal bus station; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Urban Affairs Committee. 148 JOURNAL OF THE SENATE SB 91. By Senators Murphy of the 27th, Unterman of the 45th, Hawkins of the 49th, Hamrick of the 30th, Thomas of the 54th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for an adult entertainment surcharge; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 92. By Senators Hill of the 32nd, Johnson of the 1st, Thomas of the 54th, Rogers of the 21st, Murphy of the 27th and others: 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 convert Medicaid and the PeachCare for Kids Program funds to premium assistance to allow low-income families to participate in private sector health insurance plans; to provide for definitions; to provide for an amended state plan for Medicaid and PeachCare; to designate qualified health benefit plans; to provide for enrollment in a qualified health benefit plan; to provide for premium assistance; to provide for premiums and cost sharing; to provide for an individual incentive program; to provide for health opportunity accounts; 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 93. By Senators Cowsert of the 46th, Weber of the 40th, Moody of the 56th and Heath of the 31st: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to establish the High School Principal Incentive Pay Program; to provide for criteria; to provide for an annual bonus; to provide for rules and regulations; to provide for the program to be subject to appropriations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 94. 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 that an insured under a group WEDNESDAY, FEBRUARY 4, 2009 149 accident and sickness policy may include dependents up to age 25; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 95. By Senators Unterman of the 45th, Thomas of the 54th, Chapman of the 3rd, Butler of the 55th and Tate of the 38th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to establish that it is an unfair trade practice to fail to consider the suitability of insurance for a person 65 years of age or older; to provide for requirements for the solicitation, negotiation, and procurement of annuity contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 96. By Senators Reed of the 35th, Johnson of the 1st, Hooks of the 14th and Brown of the 26th: A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Title 36 of the Official Code of Georgia Annotated, relating to ethics in government 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 candidate's 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 provide for the establishment of ethics panels by elected local governing bodies of counties and municipalities and local school systems; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 97. By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the designation of the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. 150 JOURNAL OF THE SENATE SB 98. By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th: 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 certain references to the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 99. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Sinclair; to provide for related matters; 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 49. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th and Cooper of the 41st: A BILL to be entitled an Act to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce, so as to revise certain provisions relating to the powers, duties, and responsibilities of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services 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 143 Do Pass SB 83 Do Pass by substitute Respectfully submitted, Senator Chance of the 16th District, Chairman WEDNESDAY, FEBRUARY 4, 2009 151 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 63 SB 76 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 72 SR 107 SR 109 Do Pass Do Pass Do Pass by substitute 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: SB 5 SB 6 SB 38 Do Pass by substitute Do Pass Do Pass 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: 152 JOURNAL OF THE SENATE SB 46 SB 47 SB 48 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: SB 65 Do Pass Respectfully submitted, Senator Grant of the 25th District, Chairman The following legislation was read the second time: SB 14 SB 30 SB 43 Senator Thompson of the 33rd was excused for business outside the Senate Chamber. 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 Seay of the 34th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused. Senator Cowsert of the 46th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butterworth Chance Chapman Heath Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver WEDNESDAY, FEBRUARY 4, 2009 153 Cowsert Crosby Douglas Golden Grant Hamrick Harbison Harp Hawkins Jones Moody Mullis Murphy Pearson Powell Ramsey Reed Rogers Tate Thomas Thompson,C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Butler (Excused) Henson (Excused) Fort Orrock Goggans (Excused) Thompson, S. (Excused) The members pledged allegiance to the flag. Senator Heath of the 31st introduced the chaplain of the day, Pastor Herman Parker of Bremen, Georgia, who offered scripture reading and prayer. Senator Harp of the 29th introduced the doctor of the day, Dr. Mike Hagues. The following resolutions were read and adopted: SR 126. By Senator Pearson of the 51st: A RESOLUTION honoring and celebrating the 104th birthday of Mrs. Dora Hunter Allison Spiva; and for other purposes. SR 127. By Senators Brown of the 26th and Staton of the 18th: A RESOLUTION welcoming citizens and public officials from Macon and Bibb County and observing February 26, 2009, as Macon Day in Atlanta; and for other purposes. SR 128. By Senator Brown of the 26th: A RESOLUTION recognizing and commending the Macon-Bibb County Branch of the National Association for the Advancement of Colored People; and for other purposes. 154 JOURNAL OF THE SENATE SR 129. By Senators Seabaugh of the 28th and Johnson of the 1st: A RESOLUTION honoring the life and memory of Mr. Wallace Glover; and for other purposes. SR 130. By Senator Hamrick of the 30th: A RESOLUTION recognizing and commending the Operation Beautiful Feet team; and for other purposes SR 131. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending the Honorable Joe "Slade" Johnson on the occasion of his retirement; and for other purposes. SR 132. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending Mrs. Betty Geeslin on the occasion of her retirement; and for other purposes. SR 133. By Senator Mullis of the 53rd: A RESOLUTION commending Kristie Jones on her selection by the Georgia Art Education Association for Gilbert Elementary School fourth grade; and for other purposes. SR 134. By Senator Mullis of the 53rd: A RESOLUTION commending Sarah Hornik on her selection by the Georgia Art Education Association for Gilbert Elementary School fifth grade; and for other purposes. SR 135. By Senator Mullis of the 53rd: A RESOLUTION commending Breianna Asher on her selection by the Georgia Art Education Association for LaFayette High School 11th grade; and for other purposes. SR 136. By Senator Mullis of the 53rd: A RESOLUTION commending Hannah Ward on her selection by the Georgia Art Education Association for LaFayette High School 12th grade; and for other purposes. WEDNESDAY, FEBRUARY 4, 2009 155 SR 137. By Senators Sims of the 12th, Bulloch of the 11th, Hooks of the 14th and Crosby of the 13th: A RESOLUTION honoring the services of Dr. Phillip Lee Roberts, M.D., and recognizing the Phoebe Cancer Center pavilion at Phoebe Putney Memorial Hospital as the Phillip L. Roberts, M.D. Cancer Pavilion; and for other purposes. SR 138. By Senators Stoner of the 6th, Butler of the 55th and Balfour of the 9th: A RESOLUTION recognizing and commending Cameron Tidwell of the Shiloh High School basketball team, the Dominion Christian High School basketball team, and Dominion Basketball Head Coach Mike Gold; and for other purposes. SR 139. By Senator Bulloch of the 11th: A RESOLUTION declaring February 5, 2009, as Veterinary Medicine Day at the state capitol; and for other purposes. Senator Shafer of the 48th recognized Robert H. "Bob" Bell on the occasion of his 80th birthday, commended by SR 118, adopted previously. Robert H. "Bob" Bell addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Staton of the 18th SB 61 SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 4, 2009 THIRTEENTH LEGISLATIVE DAY Life Settlements Act; license/registration requirements for life settlement brokers; definitions (I&L-47th) Respectfully submitted, /s/ Hamrick of the 30th, Vice Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: 156 JOURNAL OF THE SENATE SB 61. By Senator Hudgens of the 47th: 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 related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner E Bulloch E Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith E Staton Y Stoner Y Tarver Y Tate Y Thomas 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 61, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 4, 2009 157 The following communication was received by the Secretary: Senator Jeff Mullis District 53 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Public Safety Appropriations Assignments Economic Development Government Oversight Banking and Financial Institutions The State Senate Atlanta, Georgia 30334 February 4, 2009 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: I respectfully ask that my name be removed as a co-sponsor of Senate Bill 23. Thank you. With Sincere Regards, I am /s/ Jeff Mullis Senator Rogers of the 21st moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. Thursday, February 5, 2009. The President announced the motion prevailed at 10:16 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 Speaker of the House. HR 121 authorizing the Joint Session of the Senate and House was read by the Clerk of the House. Honorable Leah Ward Sears, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and the House of Representatives as follows: 158 JOURNAL OF THE SENATE Lieutenant Governor Cagle, Speaker Richardson, Speaker Pro Tem Burkhalter, President Pro Tem Williams and other members of the General Assembly. Ladies and Gentlemen. I am overwhelmed by your warm welcome. Today I stand before this distinguished body for the last time as the Chief Justice of the Supreme Court of Georgia. I am both honored and humbled. I have so many of you to thank for your years of support and encouragement. And I am forever indebted to my colleagues on the Supreme Court, my friends, Presiding Justice Carol Hunstein, former Chief Justice Robert Benham, and Justices George Carley, Hugh Thompson, Harris Hines and Harold Melton. I am also grateful to my friends on the Georgia Court of Appeals, now being ably led by Chief Judge Yvette Miller, as well as all of my other colleagues in the judicial branch. The judicial system's budget is less than one percent of the overall state budget, but we play a huge role in protecting the safety and security of Georgia citizens. Unfortunately, like others in state government, we have had to slash our budget to the bone. We have reduced personnel and cut our expenditures. Before this economic downturn, this state's appellate courts were well on our way toward unveiling an electronic filing system to make all our courts more accessible to people throughout the state. Such a system is a minimum requirement in this 21st century. Unfortunately, we have had to put that on indefinite hold. We are deeply concerned, as you are, about the present financial situation and its effect on Georgians. We are particularly troubled about its impact on the delivery of justice to our citizens. Even in good economic times, the administration of justice is difficult to fulfill given the sheer volume and complexity of problems Georgians bring to their courthouses. Because of the effects of the nation's bad economy, people will need access to justice now more than ever. We already see this happening. The number of mortgage foreclosure cases in Georgia is at an all time high. Debt collection has increased dramatically. We may also begin to see an increase in other types of problems that typically escalate during tough economic times, such as crime, child abuse, domestic violence and substance abuse. We are frequently reminded that government cannot do everything. And that is true. Government cannot do everything, and in times like these, government cannot afford to do everything. But there are some things that only government can do, and these things it must do well. Administering justice under the law is a function that only government can fulfill. The determination of guilt and innocence, property rights and parental rights, legal privileges and power are judgments only government can make. Administering justice is one of the reasons governments exist. If we neglect this fundamental obligation to the people, we break trust with them, and ultimately, lose their confidence. And for government, public trust and confidence is everything. WEDNESDAY, FEBRUARY 4, 2009 159 No doubt you have heard what other states' judicial systems are now doing to cope with our nation's troubled economy. Some states have closed their courthouses a few days a month. New Hampshire has cut back on the number of jury trials it holds. Several states, including Utah, are leaving judgeships vacant following retirements, including a few who have vacancies on their Supreme Courts. These are drastic steps. They will deny justice to many. In Georgia, we cannot afford to go down this path. Nevertheless, I am confident that even in the face of economic turbulence, the future of our judiciary is as bright and solid and undaunted as is the bedrock optimism of our people. After all, we are Americans. And we are Georgians. That means that, working with you and the Governor, we will be bold. We will learn to do more with less. And for the safety and security of our state, we will endure, and we will prevail. That is in large part because Georgia is fortunate. This state's judges are among the best in the nation. I am honored to have stood with them all these years. Like me, many have devoted their careers to guaranteeing that all citizens of our state receive fair and impartial justice. I will miss being a part of "the brotherhood". And I will miss all of you. It's never easy to say good-bye. I have been truly blessed. When I embarked on my judicial career 26 years ago, I never imagined that it would turn out as it has. Indeed, the world has changed much since I first became a judge. I was a mere 27 years old when Mayor Andrew Young appointed me to Atlanta's traffic court. It was 1982 the year USA Today was first published, Diet Coke was born, and the Weather Channel aired for the first time. Voicemail was patented that year, and back then, most of us lived without cell phones, e-mail or laptops. Imagine that! To some extent, my career as a judge has been a metaphor of how much our great state has changed. In 1988, when I ran to become a Fulton County Superior Court judge, there were only four African-American superior court judges in the whole state, and only six women. I can still remember my first day on the bench. I was trying a simple zoning case when I noticed that the room was packed. Standing room only. Deputies, court reporters, administrative assistants and other spectators were lining the walls and peering through the windows. They were there to watch me try my first case, as if I were an alien who had landed in Fulton County. And I'll never forget 1992 around Valentine's Day when Governor Zell Miller called and said to me, "Judge, I want to let you know I am going to appoint you to the Supreme Court of Georgia." I was flabbergasted. I was only 36 years old, the youngest person ever to be appointed to the Supreme Court. I was a woman, no woman had ever served on that court. And I was an African-American, the second, just behind my friend and colleague Justice Benham. Somehow I managed to regain my composure to thank Governor Miller. And I pledged to him that I would never let him down. I have always tried to live up to that promise. 160 JOURNAL OF THE SENATE Permit me to tell you a few of the things I have learned in the 26 years I have been a judge. I have learned that people are far more complex than the labels we sometimes affix to them. As judges, we would not be doing our jobs if we paid attention to labels because we have but one purpose: to know and uphold the laws of the State of Georgia and the United States, regardless of where the chips may fall. That means that in our work we can espouse no ideology, no partisan political views, and we must ignore the false assumptions people sometimes make. I have learned that the people of Georgia are fortunate to have attorneys of the highest quality. I am always amazed at the ability of Georgia's lawyers to present vigorous, wellreasoned arguments on both sides of complicated issues and to answer the probing questions of the justices of our Court. I commend the State Bar of Georgia for all it does to maintain the exceptional quality of Georgia lawyers. I have learned that whether you are a member of the legislative, executive or judicial branches, we are all servants of the people, and we are all in this together. That means we must communicate and cooperate with one another to accomplish the people's business. And we can do that in a way that preserves the integrity of all branches and honors the concept of the separation of powers. I have learned that sometimes a whisper is better than a roar. I now know that to get your point across, you don't always need to carry a big stick. I've also learned that while you should never shy away from standing up and speaking out for that which you believe is right, you have to pick your battles. On a court like ours, the only way to succeed is with your intellect and your integrity. The best judges listen more than they talk. And they are patient. That often means that when your position doesn't prevail, you have to let it go and move on. I have learned that the most rewarding part of my career has not been the offices I have held but the people I have met and with whom I've had the privilege of working. Since I've been Chief Justice, I have only been treated with generosity and kindness. The fact is that I have had the exceptional privilege of working with exceptional people who have dedicated years of hard, and at times heartbreaking, work to make Georgia's judicial system the very best in the nation. I am proud that when I step down, I will leave behind, according to a recent national study, the No. 1 most productive Supreme Court in the country. That same study ranked Georgia's high court as one of the five best state Supreme Courts in the nation, based not only on productivity but also on national influence and judicial independence. The Georgia Court of Appeals also has been ranked among the top five appellate courts in the number of opinions issued per judge. I am also proud that Georgia has a state trial court system that works hard to ensure that WEDNESDAY, FEBRUARY 4, 2009 161 all people have access to justice, no matter their status in life. Today, thanks to your support, Georgia is taking the lead with drug courts and mental health courts. This past year, both the National Highway Traffic Safety Administration and the National Council of Juvenile and Family Court Judges cited the work of Georgia's drug courts as a model for the nation. In the past, some were skeptical of these so-called "accountability courts," worried that they coddled criminals. But attitudes have changed because we now know that to prevent crime and save taxpayer dollars, we must break the cycles of drug addiction and mental illness that have contributed to the clogging of our courts and of our jails. I am also proud of the work of the Georgia Supreme Court Commission on Children, Marriage and Family Law. As you know, I have long been a proponent that "children do better with parents together." This is not just another do-good campaign unrelated to crime or justice. As a judge, I have seen daily the effects on our courts, not to mention our society, of family dissolution. There is much sociological data that now suggests that children who grow up in healthy, intact families are less likely to engage in criminal behavior, and are more likely to have productive lives that never lead them to the inside of a courtroom. That's why marriage continues to be the most pro-child institution and antipoverty program we have. This past year, the Commission co-hosted a national summit on marriage, bringing together experts from around the country to debate and discuss the future of this institution. Governor Perdue joined me in welcoming them to Atlanta. I hope all of you will continue to join in the efforts to keep marriage alive and strong and valued as an institution, for the sake of our children and our nation. I assure you that whatever I do next, you have not heard the last from me on this issue. Time does not allow me to mention all the people who have served and worked with me through the years. Suffice it to say, the Supreme Court staff is stellar. I know that Presiding Justice Carol Hunstein will receive the same loyal support from this outstanding staff when she takes the reins as chief justice this summer. I wish her every success. And, of course, I can never thank enough my own family, without whom I would not be here. My children, Addison and Brennan: I am so proud of the young man and woman they have grown up to become. My mother, Onnye Jean Sears, who along with my late beloved father, always guided me and always believed in me and made me believe in myself. And, of course, my husband, Haskell Ward. Whatever I have been able to achieve as Chief Justice could not have been accomplished without the unfaltering love and support of this man. He has been my strong and steady rock for the last 10 years, and 162 JOURNAL OF THE SENATE I am always thankful for that. My husband, mother and daughter are here today. Would you please stand. And then, of course, there are my colleagues and dear friends who have served with me on the Supreme Court. We are a collegial bunch. We are people of different perspectives and diverse backgrounds. We are a well-oiled machine that has kept the wheels of justice going in this state for about 15 years now. At times, I have jokingly compared our little group to family members who get together just once a year at Thanksgiving. There is sometimes a bit of tension, but the respect and the love are always there. Having served so long together, we know each other well, each other's tics and predilections. We can often read each other's facial expressions and anticipate what's coming next, sometimes with dread. I just want to say how much you all mean to me. There are many precious memories. We've worked hard together. We've argued, sometimes vehemently, only to then break for lunch and enjoy a meal together. We've shared sacrifices and tears, victories and joys. Some of you have held my hand during difficult times, and I've held yours. Each of you is a part of my life's story, and I will forever be grateful. The state of Georgia has benefitted from your service and our cohesiveness. As to the Court's future, my prayer is that whoever the Governor appoints to replace me would build on the progress the Supreme Court of Georgia has already made. My prayer is that the next Justice would be a fair, honest, upright person of the highest integrity, a man or woman who would walk in the same shoes as a Logan Bleckley, Joseph Lamar, Charles Weltner or Norman Fletcher. We have had the greatest of justices in this state, whose courts have not been infected by politics. And that is because our justices were never ideologues. Rather they were just good lawyers, fair and impartial judges, decent men and women. I suppose my failure as Chief Justice was my inability to get our state's judges a muchneeded raise; a raise they have not had in more than a decade. Many of you here worked hard for that goal, and I thank you. I was honored to have so many join in the effort. When our economy improves, for the sake of this state's judicial system, I urge you to renew that effort. I came to the Supreme Court quite young. I determined some time ago to leave before I was too old. It has been a privilege to serve here. But the court, like most institutions, needs constant replenishment with people who are not comfortable with its ways. It is time I moved on. As to my future, my so-called "retirement" at 53 years old is by no means an end for me. Rather it's a beginning. A rebirth. A launching of a new adventure. I don't know exactly WEDNESDAY, FEBRUARY 4, 2009 163 yet what it will be, but like you, I am a public servant at heart. My life has been driven by a desire to do what I can to make things better for all people. And as long as God blesses me with health and well-being, I will continue to serve in some capacity. Just as I pledged to Gov. Miller 17 years ago, I pledge to you today: Whatever I do next, I swear to you, I will not let you down. Finally, I want to thank the people of Georgia for giving me this extraordinary opportunity. I want to thank the millions I've never met personally who are simply good, solid, hardworking people. Those who voted for me, called me with their words of support, sent me notes and wrote me letters along the way. They were the ones who decided, not once, not twice, but three times, that I was worth keeping around by electing me to office. I am so proud of this state. I am so very proud to be a Georgian. And I am proud of all of you. God bless and comfort you. God bless Georgia. And God bless America. Senator Rogers of the 21st moved that the Joint Session be hereby dissolved. The motion prevailed, and the Speaker of the House announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Thursday, February 5, 2009. 164 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 5, 2009 Fourteenth 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 18. By Senators Harp of the 29th, Unterman of the 45th, Weber of the 40th, Chapman of the 3rd, Moody of the 56th and others: A BILL to be entitled an Act 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 an inventory of scenic areas; to change certain provisions relating to restrictions on outdoor advertising authorized by Code Sections 32-6-72 and 32-6-73; to restrict outdoor advertising near certain scenic areas; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 100. By Senators Smith of the 52nd, Wiles of the 37th, Hill of the 4th, Harp of the 29th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees in the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Public Defender Standards Council to the Georgia Public Defender Agency; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. THURSDAY, FEBRUARY 5, 2009 165 SB 101. By Senators Cowsert of the 46th, Pearson of the 51st, Heath of the 31st, Hill of the 32nd and Wiles of the 37th: 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 for certain drug and medical device manufacturers and sellers under certain circumstances; to provide for definitions; to provide for exceptions; to provide for the supplementary nature of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 102. By Senators Hamrick of the 30th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to increase the fees for providing certain criminal records; 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 103. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to make provisions for failure of a declarant to carry out certain duties and provide in such case for transfer of control to the unit owners; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 104. By Senators Wiles of the 37th, Thomas of the 54th and Unterman of the 45th: 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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to provide the Composite State Board of Medical Examiners with the authority to waive certain 166 JOURNAL OF THE SENATE requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 105. By Senators Hill of the 32nd and Johnson of the 1st: 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 certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health insurance policies; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 106. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for the obtaining and maintaining of certain creditable health insurance coverage as a condition of claiming certain exemptions and receiving refunds; to require certain individuals to prove ability to pay for medical expenses; to provide for escrow accounts for such individuals; to provide for alternate bonding requirements; 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. SB 107. By Senators Harp of the 29th, Unterman of the 45th, Weber of the 40th, Chapman of the 3rd, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals along the state highway system, so as to prohibit outdoor advertising from being erected or maintained in certain areas; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. THURSDAY, FEBRUARY 5, 2009 167 SB 108. By Senators Cowsert of the 46th, Pearson of the 51st, Hudgens of the 47th, Heath of the 31st, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to provide for the recovery of attorney's fees and costs involving a motion to dismiss under certain circumstances; to provide for definitions; to provide for exceptions; to provide for notice; to provide for a stay of discovery; 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. SB 109. By Senator Smith of the 52nd: 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 certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the Council of Juvenile Court Judges, as appropriate; to provide for certain reporting; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 110. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 27-3-63 of the Official Code of Georgia Annotated, relating to general offenses and penalties relative to trapping, trappers, and fur dealers, so as to provide an exception to a prohibition against trapping wildlife upon the rights of way of public roads or highways; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 111. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide for restrictions on hunting certain animals with lights; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. 168 JOURNAL OF THE SENATE SB 112. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to dispositions of fines and forfeitures, so as to revise provisions relating to additional criminal penalties for purposes of drug abuse treatment and education programs; to expand the list of offenses with respect to which such additional penalties shall be imposed; to provide that funds from such penalties may be used for drug court division purposes, as well as for the previously authorized purposes; 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. SR 140. By Senators Jones of the 10th and Harp of the 29th: A RESOLUTION acknowledging the importance of Historically Black Colleges and Universities (HBCU) and creating a Senate Study Committee on Consolidation of Institutions of Higher Education; and for other purposes. Referred to the Higher Education Committee. SR 152. By Senator Weber of the 40th: A RESOLUTION urging the Governor to appoint a working group to study the establishment of "Governor's Academies"; and for other purposes. Referred to the Education and Youth Committee. SR 153. By Senators Weber of the 40th, Adelman of the 42nd, Williams of the 19th and Thompson of the 5th: 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 for the provision of facilities for one or more public or special schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Education and Youth Committee. The following committee reports were read by the Secretary: THURSDAY, FEBRUARY 5, 2009 169 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 45 SB 49 SR 96 Do Pass Do Pass Do Pass Respectfully submitted, Senator Harp of the 29th 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 31 Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman Mr. President: The State and Local Governmental Operations (General) Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 58 Do Pass Respectfully submitted, Senator Hawkins of the 49th 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 51 SB 85 SR 117 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman 170 JOURNAL OF THE SENATE The following legislation was read the second time: HB 143 SB 5 SB 6 SB 38 SB 46 SB 47 SB 48 SB 63 SB 65 SB 72 SB 76 SB 83 SR 107 SR 109 Senator Bulloch of the 11th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused. The roll was called and the following Senators answered to their names: Adelman Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Ramsey Reed Not answering were Senators: Balfour (Excused) Powell Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Senator Powell 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 Hamrick of the 30th introduced the chaplain of the day, Pastor Joy Griffin of Carrollton, Georgia, who offered scripture reading and prayer. Senator Adelman of the 42nd introduced the doctor of the day, Dr. Stuart Segerman. THURSDAY, FEBRUARY 5, 2009 171 Senator Hill of the 32nd recognized Sue Everhart, commended by SR 36, adopted previously. Sue Everhart addressed the Senate briefly. The following resolutions were read and adopted: SR 141. By Senator Harbison of the 15th: A RESOLUTION honoring the life and memory of Mr. Robert Hugo Walton; and for other purposes. SR 142. By Senators Seay of the 34th, Butler of the 55th, Unterman of the 45th, Tate of the 38th, Buckner of the 44th and others: A RESOLUTION recognizing February 6, 2009, as "National Wear Red Day" at the state capitol; and for other purposes. SR 143. By Senators Seay of the 34th, Butler of the 55th, Buckner of the 44th, Sims of the 12th, Stoner of the 6th and others: A RESOLUTION recognizing and commending Mrs. Monica Pearson; and for other purposes. SR 144. By Senators Tolleson of the 20th, Hooks of the 14th, Staton of the 18th, Hill of the 32nd and Sims of the 12th: A RESOLUTION commending the Georgia Peach Festival and the 2009 Georgia Peach Queens; and for other purposes. SR 145. By Senators Buckner of the 44th, Seay of the 34th, Unterman of the 45th, Orrock of the 36th, Sims of the 12th and others: A RESOLUTION recognizing February 4, 2009, as "Girls and Women in Sports Day" and commending Georgia's outstanding female athletes; and for other purposes. SR 146. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Sheriff Jerry L. Lancaster on the occasion of his retirement; and for other purposes. SR 147. By Senators Grant of the 25th, Pearson of the 51st, Tate of the 38th, Seay of the 34th, Douglas of the 17th and others: A RESOLUTION recognizing and commending all 4-H Clubs of Georgia and 172 JOURNAL OF THE SENATE declaring February 9, 2009, as 4-H Day at the state capitol; and for other purposes. SR 148. By Senator Weber of the 40th: A RESOLUTION recognizing and commending Michael David Fessenden; and for other purposes. SR 149. By Senator Weber of the 40th: A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill"; and for other purposes. SR 150. By Senator Tolleson of the 20th: A RESOLUTION recognizing February 5, 2009, as "Forestry Day at the Capitol"; and for other purposes. SR 151. By Senator Williams of the 19th: A RESOLUTION recognizing and commending Willie R. and Nancy W. Wright on the occasion of their 50th wedding anniversary; and for other purposes. SR 154. By Senator Bulloch of the 11th: A RESOLUTION recognizing the Georgia Outdoor Water Use Registration Program and the government officials responsible for conserving Georgia's water; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Johnson of the 1st Tolleson of the 20th SB 43 SENATE RULES CALENDAR THURSDAY, FEBRUARY 5, 2009 FOURTEENTH LEGISLATIVE DAY Boll Weevil Eradication; definitions; assessments; penalties; change certain provisions (AG&CA-11th) SB 8 Student Health; provide for possession/self-administration of autoinjectable epinephrine by students (H&HS-27th) THURSDAY, FEBRUARY 5, 2009 173 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 43. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to boll weevil eradication, so as to change certain provisions relating to definitions; to change certain provisions relating to the assessment for suppression and eradication programs and conditions of assessments; to change certain provisions relating to penalties; 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 E Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hudgens Y Jackson,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas 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 49, nays 0. SB 43, having received the requisite constitutional majority, was passed. 174 JOURNAL OF THE SENATE The following communication was received by the Secretary: Senator Jack Hill District 4 234 State Capitol Atlanta, GA 30334 2-5-09 Committees: Appropriations Ethics Natural Resources and the Environment Regulated Industries and Utilities Rules Assignments Finance The State Senate Atlanta, Georgia 30334 Mr. Secretary, Please show me voting "Aye" on SB 43. /s/ Jack Hill Senator Unterman of the 45th recognized Dr. Donald Eugene DeLong, commended by SR 64, adopted previously. Senator Brown of the 26th recognized the contributions of black contractors to the State of Georgia and declared February 5, 2009, as "Black Contractors Day in Georgia", commended by SR 113, adopted previously. Bill Cannon addressed the Senate briefly. The Calendar was resumed. SB 8. By Senators Murphy of the 27th, Hawkins of the 49th, Williams of the 19th and Thomas of the 54th: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for possession and self-administration of auto-injectable epinephrine by students; to provide for a definition; to provide for local board of education policies; to provide for requirements and conditions; to provide for disciplinary action for misuse of auto-injectable epinephrine; to provide for limited liability; 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. THURSDAY, FEBRUARY 5, 2009 175 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman E Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 8, having received the requisite constitutional majority, was passed. Senator Bulloch of the 11th recognized February 5, 2009, as Veterinary Medicine Day at the state capitol, commended by SR 139, adopted previously. Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Friday, February 6, 2009. The motion prevailed, and the President announced the Senate adjourned at 11:47 a.m. 176 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 6, 2009 Fifteenth 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 46. By Representatives Roberts of the 154th, Golick of the 34th, Pruett of the 144th, Cole of the 125th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Title 48 of the OC.G.A., relating to revenue and taxation, so as to provide for an exemption for a limited period of time with respect to state sales and use taxes applicable to sales of dyed fuel oils, as defined in paragraph (5.1) of Code Section 48-9-2, which are used exclusively for agricultural purposes, timber growing or harvesting purposes, or mining or construction purposes and used directly by such industry sectors for such purposes and not for highway use as defined in paragraph (8) of Code Section 48-9-2; to provide for legislative findings; 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 ratify an executive order of the Governor suspending the collection of such taxes; to repeal conflicting laws; and for other purposes. HB 80. By Representatives Maxwell of the 17th, Keen of the 179th, Meadows of the 5th, Smith of the 131st, Hembree of the 67th and others: 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 FRIDAY, FEBRUARY 6, 2009 177 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 121. HB 157. By Representatives Cole of the 125th, O`Neal of the 146th, Roberts of the 154th, Pruett of the 144th, McCall of the 30th and others: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an exemption for a limited time with respect to the collection of any rate of prepaid state taxes as defined in paragraph (5.1) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the lottery shortfall reserve subaccounts, so as to revise the amounts in the lottery accounts that trigger reductions in HOPE scholarship program benefits; to provide a definition; 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 113. By Senators Jackson of the 24th, Hudgens of the 47th, Pearson of the 51st, Goggans of the 7th, Murphy of the 27th and others: A BILL to be entitled an Act to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and payments required to obtain credit, so as to provide for creditable service in the Employees' Retirement System of Georgia for military service for a certain period of time; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. 178 JOURNAL OF THE SENATE SB 114. By Senators Harbison of the 15th, Harp of the 29th, Douglas of the 17th and Seay of the 34th: 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 define certain terms; to provide for applicability; to provide for the transfer of students who are military dependents into a local school system; to provide for placement; to provide for a waiver of course prerequisites; to provide for additional excused absences for certain students; to provide for eligibility for enrollment; to provide for on-time graduation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 115. By Senator Wiles of the 37th: 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 license required; to change certain provisions relating to driving while license is suspended or revoked or without being licensed; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 116. By Senators Buckner of the 44th, Jones of the 10th, Hooks of the 14th, Brown of the 26th, Adelman of the 42nd 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, the "Budget Act," so as to provide that when the Governor exercises certain powers to reserve or withhold appropriated funds, the Office of Planning and Budget shall prepare a report with respect to revenue which could be generated by repealing certain tax exemptions and tax credits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 117. By Senators Powell of the 23rd, Golden of the 8th, Staton of the 18th, Pearson of the 51st, Brown of the 26th 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 FRIDAY, FEBRUARY 6, 2009 179 Development, so as to revise provisions related to the "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 118. By Senators Brown of the 26th and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 48-5-263 of the Official Code of Georgia Annotated, relating to qualifications, duties, and compensation of appraisers, so as to prohibit persons who are serving or have served in the past year as a member of a county board of tax assessors from serving as an employee of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 119. By Senators Adelman of the 42nd, Reed of the 35th, Tarver of the 22nd, Sims of the 12th, Henson of the 41st 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 prohibit the transfer of excess campaign contributions to other candidates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 120. By Senators Stoner of the 6th, Mullis of the 53rd, Jones of the 10th, Rogers of the 21st, Adelman of the 42nd and others: A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to allow a transportation services contract to authorize the extension of or addition to the Authority's existing rapid rail system; 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 121. By Senators Smith of the 52nd and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or 180 JOURNAL OF THE SENATE mental incompetency at the time of a crime, so as to provide that a defendant must be found to be mentally retarded by a preponderance of the evidence to be found guilty but mentally retarded; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 156. By Senators Shafer of the 48th, Smith of the 52nd, Pearson of the 51st, Unterman of the 45th, Hudgens of the 47th and others: A RESOLUTION opposing the federal "Freedom of Choice Act;" and for other purposes. Referred to the Health and Human Services Committee. The following House legislation was read the first time and referred to committee: HB 46. By Representatives Roberts of the 154th, Golick of the 34th, Pruett of the 144th, Cole of the 125th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Title 48 of the OC.G.A., relating to revenue and taxation, so as to provide for an exemption for a limited period of time with respect to state sales and use taxes applicable to sales of dyed fuel oils, as defined in paragraph (5.1) of Code Section 48-9-2, which are used exclusively for agricultural purposes, timber growing or harvesting purposes, or mining or construction purposes and used directly by such industry sectors for such purposes and not for highway use as defined in paragraph (8) of Code Section 48-9-2; to provide for legislative findings; 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 ratify an executive order of the Governor suspending the collection of such taxes; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 80. By Representatives Maxwell of the 17th, Keen of the 179th, Meadows of the 5th, Smith of the 131st, Hembree of the 67th and others: 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 FRIDAY, FEBRUARY 6, 2009 181 corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 121. By Representatives Cole of the 125th, O`Neal of the 146th, Roberts of the 154th, Pruett of the 144th, McCall of the 30th and others: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an exemption for a limited time with respect to the collection of any rate of prepaid state taxes as defined in paragraph (5.1) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 489-14 as it applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 157. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the lottery shortfall reserve subaccounts, so as to revise the amounts in the lottery accounts that trigger reductions in HOPE scholarship program benefits; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. The following committee reports were read by the Secretary: Mr. President: The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 70 Do Pass Respectfully submitted, Senator Johnson of the 1st 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: 182 JOURNAL OF THE SENATE SB 55 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 23 Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman The following legislation was read the second time: SB 31 SB 45 SB 49 SB 51 SB 58 SB 85 SR 96 SR 117 Senator Williams of the 19th was excused for business outside the Senate Chamber. 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 roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S FRIDAY, FEBRUARY 6, 2009 183 Grant Hamrick Harbison Orrock Pearson Powell Tolleson Unterman Wiles Not answering were Senators: Weber (Excused) Williams (Excused) The members pledged allegiance to the flag. Senator Orrock of the 36th introduced the chaplain of the day, Reverend Raphael Warnock of Atlanta, 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 155. By Senators Hooks of the 14th, Staton of the 18th, Adelman of the 42nd, Williams of the 19th and Reed of the 35th: A RESOLUTION honoring the life and memory of Mr. Millard Fuller; and for other purposes. SR 157. By Senators Hawkins of the 49th, Butterworth of the 50th, Murphy of the 27th and Shafer of the 48th: A RESOLUTION recognizing and commending Ms. LeTrell Simpson; and for other purposes. SR 158. By Senators Johnson of the 1st, Jackson of the 2nd and Murphy of the 27th: A RESOLUTION recognizing and commending Sheriff Al St. Lawrence; and for other purposes. SR 159. By Senators Williams of the 19th, Pearson of the 51st, Smith of the 52nd, Rogers of the 21st, Seabaugh of the 28th and others: A RESOLUTION recognizing and commending the National Federation of Independent Business in Georgia; and for other purposes. SR 160. By Senators Tarver of the 22nd, Powell of the 23rd and Jackson of the 24th: A RESOLUTION welcoming citizens and public officials from Augusta, Georgia, and observing February 10, 2009, as Augusta Day at the state capitol; and for other purposes. 184 JOURNAL OF THE SENATE SR 161. By Senators Brown of the 26th, Seay of the 34th, Tarver of the 22nd, Harbison of the 15th, Sims of the 12th and others: A RESOLUTION honoring the life and memory of Mr. Walter Curtis Butler, Jr.; and for other purposes. SR 162. By Senators Thomas of the 54th, Unterman of the 45th, Goggans of the 7th, Hill of the 32nd and Hawkins of the 49th: A RESOLUTION recognizing and commending the Partnership for Health and Accountability (PHA); and for other purposes. SR 163. By Senators Hill of the 4th, Murphy of the 27th, Chapman of the 3rd, Mullis of the 53rd and Hudgens of the 47th: A RESOLUTION recognizing and commending Mr. Ralph E. Sheppard; and for other purposes. SR 164. By Senators Hill of the 4th, Murphy of the 27th, Chapman of the 3rd, Mullis of the 53rd and Hudgens of the 47th: A RESOLUTION recognizing and commending Sergeant First Class Scott Short; and for other purposes. SR 165. By Senators Hill of the 4th, Thomas of the 54th, Chapman of the 3rd and Cowsert of the 46th: A RESOLUTION recognizing and commending Dr. Leila Daughtry Denmark; and for other purposes. SR 166. By Senator Reed of the 35th: A RESOLUTION recognizing and commending Ms. Xernona Clayton; and for other purposes. SR 167. By Senator Powell of the 23rd: A RESOLUTION recognizing and commending Mr. Ryan Klesko on the occasion of his retirement from Major League Baseball; and for other purposes. Senator Staton of the 18th recognized Charles W. Bishop, commended by SR 67, adopted previously. Charles W. Bishop addressed the Senate briefly. FRIDAY, FEBRUARY 6, 2009 185 Senator Seay of the 34th recognized February 6, 2009 as "National Wear Red Day", commended by SR 142, adopted previously. Gail Nutt of the American Heart Association addressed the Senate briefly. Senator Stoner of the 6th asked unanimous consent that the following bill be withdrawn from the Senate State and Local Governmental Operations (General) Committee and committed to the Senate Transportation Committee: SB 120. By Senators Stoner of the 6th, Mullis of the 53rd, Jones of the 10th, Rogers of the 21st, Adelman of the 42nd and others: A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to allow a transportation services contract to authorize the extension of or addition to the Authority's existing rapid rail system; to provide for an effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 120 was committed to the Senate Transportation Committee. 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 238. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. Senator Rogers of the 21st asked unanimous consent to engross SB 83, which was on today's Senate Rules Calendar. Senator Thompson of the 33rd objected. On the motion, Senator Brown of the 26th, called for the yeas and nays; the call was sustained, and the vote was as follows: N Adelman Balfour N Brown Y Hawkins Y Heath N Henson Y Rogers Y Seabaugh N Seay 186 JOURNAL OF THE SENATE N Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Shafer N Sims N Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 31, nays 24, the motion prevailed, and SB 83 was engrossed. Senator Rogers of the 21st moved to engross HB 143, which was on today's Senate Rules Calendar. Senator Brown of the 26th objected. On the motion a roll call was taken, and the vote was as follows: N Adelman Balfour N Brown N Buckner N Bulloch N Butler Y Butterworth Y Chance N Chapman N Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Y Grant Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Rogers Y Seabaugh N Seay Y Shafer N Sims N Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber FRIDAY, FEBRUARY 6, 2009 187 Y Hamrick N Harbison Y Harp N Powell N Ramsey N Reed Y Wiles Y Williams On the motion, the yeas were 29, nays 26, the motion prevailed, and HB 143 was engrossed. The following Senators were excused for business outside the Senate Chamber: Reed of the 35th Tate of the 38th SB 83 HB 143 SENATE RULES CALENDAR FRIDAY, FEBRUARY 6, 2009 FIFTEENTH LEGISLATIVE DAY Ad Valorem; increase the amount of the state-wide homestead exemption; specify terms/conditions of the exemption and the procedures (Substitute)(FIN-21st) Local government; homeowner tax relief grants; change certain provisions (FIN-19th) O`Neal-146th 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 83. By Senators Rogers of the 21st, Williams of the 19th, Chance of the 16th, Pearson of the 51st, Hill of the 4th 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 increase the amount of the state-wide homestead exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $4,000.00 with automatic future adjustments; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a special election; to provide for automatic repeal under certain circumstances; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. 188 JOURNAL OF THE SENATE The Senate Finance Committee offered the following substitute to SB 83: 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 increase the amount of the state-wide homestead exemption from ad valorem taxation for state, county, and school purposes from $2,000.00 to $4,000.00 with automatic future adjustment and make such exemption applicable to ad valorem taxes for municipal purposes and independent school district purposes; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a special election; to provide for automatic repeal under certain circumstances; 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. 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 48-5-44, relating to the state-wide $2,000.00 homestead exemption from state, county, and school district ad valorem taxes, as follows: "48-5-44. (a) The homestead of each resident of this state actually occupied by the owner as a residence and homestead shall be exempted from all ad valorem taxation for state, county, municipal, and county or independent school district purposes, except taxes levied by municipalities for school purposes and except to pay interest on and to retire bonded indebtedness, for as long as the residence and homestead is actually occupied by the owner primarily as a residence and homestead. The exemption shall not exceed $2,000.00 $4,000.00 of the value of the homestead for the taxable year beginning January 1, 2009. For all taxable years beginning on or after January 1, 2010, the exemption amount shall be increased by a percentage equal to the cost-of-living index. No adjustment shall be made in any year in which the cost-of-living index decreases from the percentage amount of such index for the preceding year. The commissioner shall establish and maintain rules governing cost-of-living adjustments. Such rules shall include the determination and use of an appropriate cost-of-living index which reflects the effects of inflation and deflation on persons receiving benefits in the State of Georgia. The rules may use for this purpose the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the federal government, if the commissioner determines that such federal index reflects the effects of inflation and deflation on persons receiving benefits in the State of Georgia. (b) Should the owner of a dwelling house on a farm who is already entitled to a FRIDAY, FEBRUARY 6, 2009 189 homestead exemption participate in the program of rural housing and obtain a new house under contract with the local housing authority, he such owner shall be entitled to receive the same homestead exemption as allowed before making the contract. (c) Except as otherwise specifically provided by law, the value of all homestead property in excess of $2,000.00 the amount exempted under subsection (a) of this Code section shall remain subject to taxation. The exemption shall be returned and claimed in the manner prescribed by law. This exemption shall not apply to taxes levied by municipalities. (d) The homestead exemption granted by this Code section shall be in addition to and not in lieu of any other homestead exemption regardless of any provision of any local Act to the contrary." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the third Tuesday in June, 2009. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the special election. The ballot shall have written thereon the following: "( ) YES Shall the Act be approved which increases the state homestead exemption from $2,000.00 to $4,000.00 with automatic future ( ) NO adjustments and makes the exemption apply to city and city school district taxes?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective immediately 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 special 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 special election date. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. 190 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: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey E Reed Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton N Stoner N Tarver E Tate Y Thomas 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 40, nays 14. SB 83, having received the requisite constitutional majority, was passed by substitute. Senator Stoner of the 6th was excused for business outside the Senate Chamber. HB 143. By Representatives O`Neal of the 146th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Title 36 and Title 45 of the Official Code of Georgia Annotated, relating, respectively, to local government and public officers and employees, so as to change the manner and method of appropriating funds for homeowner tax relief grants; to provide for procedures, conditions, and limitations; to change certain provisions regarding certain reservation authority for appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. FRIDAY, FEBRUARY 6, 2009 191 The report of the committee, which was favorable to the 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 N Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W N Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey E Reed Y Rogers N Seabaugh N Seay Y Shafer N Sims N Smith Y Staton E Stoner N Tarver E Tate Y Thomas 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 29, nays 24. HB 143, having received the requisite constitutional majority, was passed. Senator Thompson of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action on HB 143. The following resolution was read and put upon its adoption: HR 238. 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 2009 regular session of the General Assembly for the period of February 6, 2009, through June 22, 2009, shall be as follows: 192 JOURNAL OF THE SENATE Friday, February 6.........................................................in session for legislative day 15 Saturday, February 7 through Monday, February 9......in adjournment Tuesday, February 1......................................................in session for legislative day 16 Wednesday, February 11...............................................in session for legislative day 17 Thursday, February 12..................................................in session for legislative day 18 Friday, February 13 through Monday, February 16......in adjournment Tuesday, February 17....................................................in session for legislative day 19 Wednesday, February 18...............................................in session for legislative day 20 Thursday, February 19..................................................in session for legislative day 21 Friday, February 20 through Monday, February 23......in adjournment Tuesday, February 24....................................................in session for legislative day 22 Wednesday, February 25...............................................in session for legislative day 23 Thursday, February 26...................................................in session for legislative day 24 Friday, February 27 through Monday, March 2............in adjournment Tuesday, March 3..........................................................in session for legislative day 25 Wednesday, March 4.....................................................in session for legislative day 26 Thursday, March 5........................................................in session for legislative day 27 Friday, March 6 through Sunday, March 8...................in adjournment Monday, March 9..........................................................in session for legislative day 28 Tuesday, March 10........................................................in session for legislative day 29 Wednesday, March 11...................................................in adjournment Thursday, March 12......................................................in session for legislative day 30 Friday, March 13 through Monday, March 16..............in adjournment Tuesday, March 17........................................................in session for legislative day 31 Wednesday, March 18...................................................in session for legislative day 32 Thursday, March 19......................................................in session for legislative day 33 Friday, March 20 through Monday, March 23..............in adjournment Tuesday, March 24........................................................in session for legislative day 34 Wednesday, March 25...................................................in session for legislative day 35 Thursday, March 26 through Sunday, June 21..............in adjournment Monday, June 22...........................................................in session for legislative day 36 BE IT FURTHER RESOLVED that on and after June 22, 2009, the periods of adjournment of the 2009 session, if any, shall be as specified by subsequent resolution of the General Assembly. 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, a roll call was taken, and the vote was as follows: FRIDAY, FEBRUARY 6, 2009 193 Y Adelman N Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth N Chance N Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Henson Y Hill,Jack Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W N Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey E Reed Y Rogers N Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver E Tate Y Thomas 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 43, nays 8, and the resolution was adopted. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 238 until 10:00 a.m. Tuesday, February 10, 2009; the motion prevailed, and at 12:23 p.m. the President announced the Senate adjourned. 194 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 10, 2009 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. Senator Hill of the 32nd 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. HB 143. By Representatives O`Neal of the 146th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Title 36 and Title 45 of the Official Code of Georgia Annotated, relating, respectively, to local government and public officers and employees, so as to change the manner and method of appropriating funds for homeowner tax relief grants; to provide for procedures, conditions, and limitations; to change certain provisions regarding certain reservation authority for appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. On the motion, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth N Chance Y Chapman N Cowsert N Crosby N Douglas Y Fort N Hawkins N Heath Y Henson N Hill,Jack E Hill,Judson Y Hooks N Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones N Moody N Mullis N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S TUESDAY, FEBRUARY 10, 2009 195 N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Tolleson N Unterman N Weber N Wiles N Williams On the motion, the yeas were 23, nays 32; the motion lost, and HB 143 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 69. By Representatives Jerguson of the 22nd, Cooper of the 41st, Channell of the 116th, Mitchell of the 88th and Kaiser of the 59th: A BILL to be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory ambiguity; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 98. 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 (Ga. L. 1992, p. 6556), and an Act approved June 3, 2003 (Ga. L. 2003, p. 4250), so as to provide for membership on the Athens-Clarke County Industrial Development Authority; to repeal conflicting laws; and for other purposes. 196 JOURNAL OF THE SENATE HB 114. HB 128. HB 164. HB 178. By Representative Holt of the 112th: A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Newborn, approved June 3, 2003 (Ga. L. 2003, p. 4397), so as to change the terms of office of the members of the town council from concurrent to staggered terms of office; to provide for continuation in office of certain current councilmembers; to provide for election and terms of office of subsequent councilmembers; to clarify certain requirements regarding the election of the mayor and members of the town council; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. By Representative 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 for an exemption from occupation taxes, administrative fees, and regulatory fees shall be valid for a period of ten years; to repeal conflicting laws; and for other purposes. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a new charter for the City of Bremen; to provide for incorporation, boundaries, and powers of the city within the counties of Haralson and Carroll; 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 other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A BILL to be entitled an Act to amend an Act providing 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 TUESDAY, FEBRUARY 10, 2009 197 HB 179. HB 210. HB 265. 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. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A BILL to be entitled an Act to amend an Act providing 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. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to clarify who shall pay the employer contributions for certain members; to repeal conflicting laws; and for other purposes. By Representative Pruett of the 144th: A BILL to be entitled an Act to provide a new charter for the Town of Rhine; to change the name "Town of Rhine" to "City of Rhine"; 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 or vice mayor and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes. 198 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SB 122. By Senators Goggans of the 7th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to divide the Georgia Retiree Health Benefit Fund into two funds; to define certain terms; to create the Georgia State Retiree Health Benefit Fund and the Georgia School Retiree Health Benefit Fund; to repeal the Georgia Retiree Health Benefit Fund; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 123. By Senators Hawkins of the 49th, Murphy of the 27th, Hudgens of the 47th, Thomas of the 54th, Williams of the 19th 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 regulation and licensure of pharmacy benefits managers by the Commissioner of Insurance; to provide for definitions; to provide for license requirements and filing fees; to provide for requirements and procedures affecting pharmacy benefits managers; to require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 124. By Senators Heath of the 31st, Butterworth of the 50th, Staton of the 18th, Murphy of the 27th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, so as to provide that social security numbers in public documents shall not be disclosed; to repeal an exception; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. TUESDAY, FEBRUARY 10, 2009 199 SB 125. By Senators Brown of the 26th and Hudgens of the 47th: 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 require insurance companies to indicate on their premium statements to consumers the amount of the premium attributable to premium taxes paid by the insurer; 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 Insurance and Labor Committee. SB 126. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries, so as to provide for certain requirements to qualify for a party's nomination or to run for public office; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 127. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, so as to add a penalty, late fees, and interest for failure to remit certain funds and reports to the Georgia Superior Court Clerks' Cooperative Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 128. By Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins of the 49th, Mullis of the 53rd 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, and so as to provide for the issuances, at the option of the owner, of permanent license plates for boat trailers, utility trailers, and noncommercial cattle and livestock trailers; to provide for fees; to provide that such license plates shall not be transferable; to provide for administration; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 200 JOURNAL OF THE SENATE SB 129. By Senator Hill of the 32nd: 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 expand the definition of the term "large retirement system"; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide for a code of ethics; to amend Code Section 50-18-72 of the O.C.G.A., relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 130. By Senators Mullis of the 53rd and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide a short title; to provide for legislative intent; to provide definitions; to establish procedures and requirements for the electronic lease-purchase of goods; to provide for data and personal information protection practices; to provide that persons entering into electronic lease-purchase agreements shall receive certain information and have certain rights with regard to the goods that are the subject of such agreements; to provide for certain requirements for merchants with regard to websites and data transmission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Science and Technology Committee. SB 131. By Senators Hamrick of the 30th, Cowsert of the 46th, Crosby of the 13th and Tarver of the 22nd: A BILL to be entitled an Act to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, so as to provide a short title; to comprehensively revise provisions relating to trusts, charitable trusts, trustees, and trust investments; to provide for general provisions relating to trusts; to provide for the creation and validity of express trusts; to provide for revocable trusts; to provide for reformation, modification, division, consolidation, and termination of trusts; to amend Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restrictions on corporate fiduciaries, so as to provide that nonprofit corporations and other entities may lawfully act as a fiduciary; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. TUESDAY, FEBRUARY 10, 2009 201 SR 173. By Senators Jackson of the 2nd and Sims of the 12th: A RESOLUTION urging the Board of Regents of the University System of Georgia to establish and offer a teacher education program at each of its universities offering four-year degree programs; and for other purposes. Referred to the Higher Education Committee. SR 174. By Senator Harbison of the 15th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legislation and appropriate funds necessary to provide for retirement credit for retired members of the Peace Officers' Annuity and Benefit Fund for service rendered prior to January 1, 1976; to provide that such legislation may provide for membership in such fund for peace officers who rendered service as a peace officer prior to January 1, 1976, but who are not members of the fund on July 1, 2009; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Retirement Committee. SR 175. By Senator Mullis of the 53rd: A RESOLUTION dedicating the US Army of the Cumberland Highway and the CSA Army of Tennessee Highway; and for other purposes. Referred to the Transportation Committee. SR 176. By Senator Mullis of the 53rd: A RESOLUTION dedicating the James H. Chandler, Jr. Memorial Intersection; and for other purposes. Referred to the Transportation Committee. SR 178. By Senator Smith of the 52nd: A RESOLUTION urging the Capitol Arts Standards Commission to authorize the placement of a portrait in the state capitol honoring Admiral John Henry Towers; and for other purposes. Referred to the State Institutions and Property Committee. 202 JOURNAL OF THE SENATE SR 179. By Senator Seabaugh of the 28th: A RESOLUTION proposing an amendment to the Constitution so as to require mandatory funding of homeowner tax relief grants; 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 69. By Representatives Jerguson of the 22nd, Cooper of the 41st, Channell of the 116th, Mitchell of the 88th and Kaiser of the 59th: A BILL to be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory ambiguity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 98. 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 (Ga. L. 1992, p. 6556), and an Act approved June 3, 2003 (Ga. L. 2003, p. 4250), so as to provide for membership on the Athens-Clarke County Industrial Development Authority; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 114. By Representative Holt of the 112th: A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Newborn, approved June 3, 2003 (Ga. L. 2003, p. 4397), so as to change the terms of office of the members of the town council from concurrent to staggered terms of office; to provide for continuation in office of certain current councilmembers; to provide for election and terms of office of subsequent councilmembers; to clarify certain requirements regarding the election of the mayor and members of the town council; to provide for TUESDAY, FEBRUARY 10, 2009 203 submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 128. 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 for an exemption from occupation taxes, administrative fees, and regulatory fees shall be valid for a period of ten years; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 164. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a new charter for the City of Bremen; to provide for incorporation, boundaries, and powers of the city within the counties of Haralson and Carroll; 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 other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 178. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A BILL to be entitled an Act to amend an Act providing 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. 204 JOURNAL OF THE SENATE HB 179. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A BILL to be entitled an Act to amend an Act providing 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 210. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to clarify who shall pay the employer contributions for certain members; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 265. By Representative Pruett of the 144th: A BILL to be entitled an Act to provide a new charter for the Town of Rhine; to change the name "Town of Rhine" to "City of Rhine"; 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 or vice mayor and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, FEBRUARY 10, 2009 205 The following legislation was read the second time: SB 23 SB 55 SB 70 The roll was called and the following Senators answered to their names: Adelman Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Hawkins Heath Henson Hill,Jack Hooks Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Balfour Hudgens Harp Hill, Judson (Excused) The members pledged allegiance to the flag. Senator Tarver of the 22nd introduced the chaplain of the day, Reverend Dr. Johnny Hatney of Augusta, Georgia, who offered scripture reading and prayer. Senator Staton of the 18th introduced the doctor of the day, Dr. Guy Foulkes. Senator Powell of the 23rd recognized Ryan Klesko on the occasion of his retirement from Major League Baseball, commended by SR 167, adopted previously. Ryan Klesko addressed the Senate briefly. The following resolutions were read and adopted: 206 JOURNAL OF THE SENATE SR 168. By Senator Goggans of the 7th: A RESOLUTION recognizing and commending Miss Amanda Bennett; and for other purposes. SR 169. By Senators Jackson of the 2nd, Johnson of the 1st, Hill of the 4th, Chapman of the 3rd, Hooks of the 14th and others: A RESOLUTION recognizing February 7, 2009, as a Day of Remembrance; and for other purposes. SR 170. By Senators Murphy of the 27th, Hill of the 4th, Williams of the 19th, Goggans of the 7th, Tate of the 38th and others: A RESOLUTION recognizing February 10, 2009, as "Community Health Centers Day"; and for other purposes. SR 171. By Senators Mullis of the 53rd, Unterman of the 45th, Stoner of the 6th, Murphy of the 27th, Shafer of the 48th 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 172. By Senators Mullis of the 53rd, Unterman of the 45th, Stoner of the 6th, Murphy of the 27th, Shafer of the 48th and others: A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing Thursday, February 19, 2009, as "Emergency Medical Services Recognition Day"; and for other purposes. SR 177. By Senators Jones of the 10th, Brown of the 26th, Adelman of the 42nd, Ramsey, Sr. of the 43rd, Harbison of the 15th and others: A RESOLUTION honoring President Barack Obama on becoming the 44th President of the United States and recognizing President Barack Obama as an honorary lifetime member of the Georgia Legislative Black Caucus; and for other purposes. SR 180. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation; and for other purposes. TUESDAY, FEBRUARY 10, 2009 207 Senator Bulloch of the 11th recognized the Georgia Farm Bureau Federation, commended by SR 180. President Vincent "Zippy" Duvall addressed the Senate briefly. Senator Murphy of the 27th recognized February 10, 2009, as "Community Health Centers Day", commended by SR 170, adopted today. Dr. Michael Brooks addressed the Senate briefly. NOTICE OF MOTION TO RECONSIDER: HB 143 Local government; homeowner tax relief grants; change certain provisions (FIN-19th) O`Neal-146th SENATE RULES CALENDAR TUESDAY, FEBRUARY 10, 2009 SIXTEENTH LEGISLATIVE DAY SR 96 Trustee, Board/Georgia Military College President; urged to maintain the current military programs (H ED-25th) SB 14 Local Boards of Education; no person on the national/state sex offender registry shall be eligible for election/service on board (ED&Y-17th) SB 24 Probation Management Act; probationers; provide comprehensive provisions (Substitute)(SI&P-25th) 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 96. By Senators Grant of the 25th, Hooks of the 14th, Johnson of the 1st, Harp of the 29th, Douglas of the 17th and others: A RESOLUTION urging the Board of Trustees and the president of Georgia Military College to maintain the current military programs at the military junior college of Georgia, Georgia Military College; 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: 208 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Brown Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Ramsey Y Reed Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 47, nays 0. SR 96, having received the requisite constitutional majority, was adopted. SB 14. By Senators Douglas of the 17th, Rogers of the 21st, Goggans of the 7th, Murphy of the 27th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, so as to provide that no person who is on the national or state sex offender registry shall be eligible for election to or service on a local board of education; 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 Hawkins Y Heath Y Henson Y Rogers Y Seabaugh Y Seay TUESDAY, FEBRUARY 10, 2009 209 Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Ramsey Y Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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. SB 14, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: Senator Johnny Grant District 25 321-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: State Institutions and Property State and Local Governmental Operations Appropriations Government Oversight Health and Human Services Public Safety MARTOC The State Senate Atlanta, Georgia 30334 February 10, 2009 My vote on SB 14 was not recorded. I pressed the YEA button as the vote was called, but it evidently did not register. I do want to vote Yes on this bill. /s/ Senator Johnny Grant 210 JOURNAL OF THE SENATE Senator Gail Buckner District 44 313-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Government Oversight Interstate Cooperation State Institutions and Property Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM DATE: 10 February 2009 TO: FROM: Bob Ewing Secretary of the Senate Senator Gail Buckner, 44th On Tuesday, February 10, 2009, I was called off the floor for a conference with Senior Citizens from my District and missed voting on Senate Bill 14 and Senate Resolution 96. I would like to be recorded as voting YES on both these legislation. Thank you. /s/ Gail Buckner SB 24. By Senators Grant of the 25th, Seay of the 34th, Harp of the 29th, Crosby of the 13th and Stoner of the 6th: A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for comprehensive provisions regarding management of probationers; to provide for the 'Probation Management Act'; to provide administrative sanctions as an alternative to judicial modification or revocation of probation; to provide for preliminary administrative hearings and hearing officers; 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 24: A BILL TO BE ENTITLED AN ACT TUESDAY, FEBRUARY 10, 2009 211 To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for comprehensive provisions regarding management of probationers; to provide for the 'Probation Management Act'; to provide administrative sanctions as an alternative to judicial modification or revocation of probation; to provide for preliminary administrative hearings and hearing officers; 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 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding a new article to read as follows: "ARTICLE 9 42-8-150. This article shall be known and may be cited as the 'Probation Management Act.' 42-8-151. For purposes of this article, the term: (1) 'Commissioner' means the commissioner of corrections. (2) 'Chief probation officer' means the highest ranking field probation officer in each judicial circuit. (3) 'Department' means the Department of Corrections. (4) 'Electronic monitoring' means supervising, mapping, or tracking the location of a probationer by means including electronic surveillance, voice recognition, facial recognition, fingerprinting or biometric scan, automated kiosk, automobile ignition interlock device, or global positioning systems which may coordinate data with crime scene information. (5) 'Hearing officer' means an impartial department employee or representative who has been selected and appointed to hear alleged cases regarding violations of probation for administrative sanctioning. (6) 'Initial sanction' means the sanction set by the judge upon initial sentencing. (7) 'Intensive probation' means a level of probation supervision which includes, but is not limited to, curfews, community service, drug testing, program participation, special conditions of probation, and general conditions of probation as set forth in Code Section 42-8-35. (8) 'Options system day reporting center' means a state facility providing supervision of probationers which includes, but is not limited to, mandatory reporting, program participation, drug testing, community service, all special conditions of probation, and general conditions of probation as set forth in Code Section 42-8-35. (9) 'Options system probationer' means a probationer who has been sentenced to the sentencing options system. 212 JOURNAL OF THE SENATE (10) 'Probation supervision' means a level of probation supervision which includes, but is not limited to, general conditions of probation as set forth in Code Section 42-835 and all special conditions of probation. (11) 'Residential substance abuse treatment facility' means a state correctional facility that provides inpatient treatment for alcohol and drug abuse. (12) 'Sentencing options system' means a continuum of sanctions for probationers that includes the sanctions set forth in subsection (c) of Code Section 42-8-153. 42-8-152. (a) In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may require that defendants who are sentenced to probation pursuant to subsection (c) of Code Section 42-8-34 be ordered to the sentencing options system. (b) Where a defendant has been ordered to the sentencing options system, the court shall retain jurisdiction throughout the period of the probated sentence as provided in subsection (g) of Code Section 42-8-34, and may modify or revoke any part of a probated sentence as provided in Code Section 42-8-34.1 and subsection (c) of Code Section 42-8-38. 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 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 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) Department of Corrections day reporting center; (4) Intensive probation; (5) Electronic monitoring; (6) Community service; or (7) Probation supervision. (d) The department may order offenders sanctioned pursuant to paragraphs (1) through (3) of subsection (c) of this Code section to be held in the local jail until transported to a designated facility. 42-8-154. (a) Whenever an options system probationer is arrested on a warrant for an alleged TUESDAY, FEBRUARY 10, 2009 213 violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days. (b) A preliminary hearing shall not be required when: (1) The probationer is not under arrest on a warrant; (2) The probationer signed a waiver of a preliminary hearing; or (3) The administrative hearing referred to in Code Section 42-8-155 will be held within 15 days of arrest. 42-8-155. (a) If an options system probationer violates the conditions of probation, the department may impose administrative sanctions as an alternative to judicial modification or revocation of probation. (b) Upon issuance of a petition outlining the alleged probation violations, the chief probation officer, or his or her designee, may conduct a hearing to determine whether an options system probationer has violated a condition of probation. If the chief probation officer determines that the probationer has violated a condition of probation, the chief probation officer is authorized to impose sanctions consistent with paragraphs (4) through (7) of subsection (c) of Code Section 42-8-153. The failure of an options system probationer to comply with a sanction imposed by the chief probation officer shall constitute a violation of probation. (c)(1) Upon issuance of a petition outlining the alleged probation violations, the hearing officer may initiate an administrative proceeding to determine whether an options system probationer has violated a condition of probation. If the hearing officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearing officer may impose sanctions consistent with Code Section 42-8-153. (2) The administrative proceeding provided for under this subsection shall be commenced within 15 days, but not less than 48 hours after notice of the administrative proceeding has been served on the probationer. The administrative proceeding may be conducted electronically. (d) The failure of a probationer to comply with the sanction or sanctions imposed by the chief probation officer or hearing officer shall constitute a violation of probation. (e) An options system probationer may at any time waive a hearing and voluntarily accept the sanctions proposed by the department. 42-8-156. (a) The hearing officer's decision shall be final unless the options system probationer files a request for review with the senior hearing officer. A request for review must be filed within 15 days of the issuance of the department's decision. Such request shall not stay the department's decision. The senior hearing officer shall issue a response within seven days of receipt of the review request. (b) The senior hearing officer's decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the 214 JOURNAL OF THE SENATE commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the senior hearing officer. (c) This appeal shall first be reviewed by the judge upon the record. At the judge's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the department's decision. (d) Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, the department's decision shall be affirmed by operation of law. 42-8-157. Nothing contained in this article shall be construed as repealing any power given to any court of this state to place offenders on probation or to supervise offenders. 42-8-158. This article shall only apply in judicial circuits where the department has allocated certified hearing officers. 42-8-159. This article shall be liberally construed so that its purposes may be achieved." 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 Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Hawkins Y Heath Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver TUESDAY, FEBRUARY 10, 2009 215 Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Ramsey Reed Y Tate Y Thomas 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. SB 24, 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 February 10, 2009 The State Senate Atlanta, Georgia 30334 Mr. Robert Ewing Secretary of the Senate Georgia State Capitol Atlanta, Georgia 30334 Re: Absence for Vote Dear Mr. Ewing, Please be advised that I was present in the Senate Chamber on this date for the roll call and devotion. Thereafter, I was called away to assist my constituents from Rockdale County in a meeting with the Governor. During my absence from the Chamber, votes were taken on SR 96, SB 14, and SB 24. Had I been present, I would have voted in the following manner: 216 JOURNAL OF THE SENATE SR 96 - yes SB 14 - yes SB 24 - yes Your attention to this matter is greatly appreciated. Sincerely, /s/ Ronald B. Ramsey, Sr. District 43rd Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, February 11, 2009. The motion prevailed, and the President announced the Senate adjourned at 11:37 a.m. WEDNESDAY, FEBRUARY 11, 2009 217 Senate Chamber, Atlanta, Georgia Wednesday, February 11, 2009 Seventeenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Heath of the 31st 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 194. By Representatives Millar of the 79th, Cooper of the 41st, Rice of the 51st, Hugley of the 133rd and Teilhet of the 40th: A BILL to be entitled an Act to amend Code Section 26-4-81 of the Official Code of Georgia Annotated, relating to substitution of generic drugs for brand name drugs, so as to provide that when a substitution is made certain information relative to the substitution must appear on the prescription label and be affixed to the container or an auxiliary label; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 212. By Representatives Burkhalter of the 50th, Keen of the 179th and O`Neal of the 146th: 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 continue for a limited period of time the partial exemption from the state sales and use tax on certain sales or uses of jet fuel; to continue for a limited period of time the exemption from a certain local sales and use tax on certain sales or uses of jet fuel; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 218 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SB 132. By Senators Fort of the 39th, Jackson of the 2nd, Tate of the 38th and Sims of the 12th: A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to enact the "Dropout Deterrent Act"; to provide for a short title; to revise the age of mandatory education; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 134. By Senators Orrock of the 36th, Buckner of the 44th, Fort of the 39th, Butler of the 55th and Seay of the 34th: A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the Agreement Among the States to Elect the President by National Popular Vote; to allow states to join together to establish an interstate compact to elect the president by national popular vote; to provide for the implementation of such compact; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 135. By Senator Hudgens of the 47th: 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 WEDNESDAY, FEBRUARY 11, 2009 219 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. SB 136. By Senators Douglas of the 17th, Rogers of the 21st, Chance of the 16th, Staton of the 18th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to penal institutions, so as to require the Department of Corrections and the State Board of Pardons and Paroles to participate in the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program or similar federal deportation program; to provide for conditions of parole; to amend Code Section 42-9-43.1 of the Official Code of Georgia Annotated, relating to citizenship status of a prisoner and deportation, so as to authorize conditional deportation parole release; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 137. By Senator Harbison of the 15th: 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 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. SB 138. By Senators Wiles of the 37th, Pearson of the 51st 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 220 JOURNAL OF THE SENATE to actions, so as to provide that legislative enactments do not create a private right of action unless expressly stated therein; to provide for a short title; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 139. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 44-14-32 of the Official Code of Georgia Annotated, relating to the use of parol evidence to prove an apparent deed is a mortgage, so as to delineate the factors to be considered in determining when an instrument of conveyance shall be held to be an equitable mortgage; 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 140. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 44-7-55 of the Official Code of Georgia Annotated, relating to the writ of possession, so as to provide that a tenant with a valid lease can stay in a foreclosed property for 60 days; to amend Code Section 44-14-162.2 of the Official Code of Georgia Annotated, relating to sales made on foreclosures under power of sale, so as to provide for notice to the occupant of the property of an impending sale of the property; 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 141. By Senator Hamrick of the 30th: A BILL to be entitled an Act to change provisions relating to foreclosures and deficiency judgements; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to provide for filing documents when a deficiency judgment is sought; to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to provide for recording of documents relating to sales under power and deficiency judgments; 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. WEDNESDAY, FEBRUARY 11, 2009 221 SR 184. By Senators Tolleson of the 20th, Hudgens of the 47th, Hawkins of the 49th and Grant of the 25th: A RESOLUTION creating the Senate Study Committee on Boating Safety; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 187. By Senators Orrock of the 36th, Butler of the 55th, Tate of the 38th, Thompson of the 5th, Seay of the 34th and others: A RESOLUTION urging Congress to adopt the "United States National Health Insurance Act (or the Expanded and Improved Medicare for All Act)," H.R. 676; and for other purposes. Referred to the Insurance and Labor Committee. SR 257. By Senators Thomas of the 54th, Orrock of the 36th, Johnson of the 1st, Unterman of the 45th, Weber of the 40th and others: A RESOLUTION creating the Alzheimer's Disease and Other Dementias Task Force; and for other purposes. Referred to the Health and Human Services Committee. SR 260. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION urging the President and Congress of the United States to support legislative efforts amending the United States Constitution to incorporate the Voting Rights Act of 1965; and for other purposes. Referred to the Ethics Committee. The following House legislation was read the first time and referred to committee: HB 194. By Representatives Millar of the 79th, Cooper of the 41st, Rice of the 51st, Hugley of the 133rd and Teilhet of the 40th: A BILL to be entitled an Act to amend Code Section 26-4-81 of the Official Code of Georgia Annotated, relating to substitution of generic drugs for brand name drugs, so as to provide that when a substitution is made certain information relative to the substitution must appear on the prescription label and be affixed to the container or an auxiliary label; 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. 222 JOURNAL OF THE SENATE HB 212. By Representatives Burkhalter of the 50th, Keen of the 179th and O`Neal of the 146th: 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 continue for a limited period of time the partial exemption from the state sales and use tax on certain sales or uses of jet fuel; to continue for a limited period of time the exemption from a certain local sales and use tax on certain sales or uses of jet fuel; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. The following committee reports were read by the Secretary: Mr. President: The 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 110 SB 111 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: SB 4 SB 20 SB 26 Do Pass Do Pass Do Pass by substitute 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: WEDNESDAY, FEBRUARY 11, 2009 223 SB 59 Do Pass 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 97 SB 98 Do Pass Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman Senator Thompson of the 33rd was excused for business outside the Senate Chamber. Senator Chapman of the 3rd asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Unterman Weber Wiles Williams 224 JOURNAL OF THE SENATE Not answering were Senators: Hill, Jack (Excused) Thompson, S. (Excused) The members pledged allegiance to the flag. Senator Johnson of the 1st introduced the chaplain of the day, Pastor Marcus Johnson of Savannah, Georgia, who offered scripture reading and prayer. Senator Goggans of the 7th recognized the Georgia Dental Association, commended by SR 62, adopted previously. President Mark Ritz addressed the Senate briefly. Senator Harp of the 29th introduced the doctor of the day, Dr. Danny Guy. Senator Pearson of the 51st recognized Georgia's sustainable and environmentally friendly businesses, commended by SR 254, adopted previously. Polly Sutler addressed the Senate briefly. Senator Weber of the 40th recognized Michael David Fessenden, commended by SR 148, adopted previously. Michael David Fessenden addressed the Senate briefly. The following resolutions were read and adopted: SR 181. By Senator Bulloch of the 11th: A RESOLUTION commending the Georgia peanut industry and recognizing March 4, 2009, as Peanut Butter and Jelly Day at the Capitol; and for other purposes. SR 182. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION commending the Leadership Clayton Class of 2008-2009; and for other purposes. SR 183. By Senator Goggans of the 7th: A RESOLUTION recognizing and commending the Douglas-Coffee County Economic Development Authority for more than 50 years of successful economic planning and development in the City of Douglas and Coffee County; and for other purposes. SR 185. By Senators Chance of the 16th, Seabaugh of the 28th, Rogers of the 21st, Seay of the 34th, Murphy of the 27th and others: A RESOLUTION honoring Sheriff Randall Johnson on the occasion of his retirement; and for other purposes. WEDNESDAY, FEBRUARY 11, 2009 225 SR 186. By Senators Chance of the 16th, Douglas of the 17th and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Raymond Head, Jr., on the occasion of his 88th birthday; and for other purposes. SR 188. By Senators Hawkins of the 49th, Butterworth of the 50th, Unterman of the 45th, Pearson of the 51st, Rogers of the 21st and others: A RESOLUTION recognizing February 12, 2009, as "Gainesville-Hall County Day"; and for other purposes. SR 189. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Christine Powell for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 190. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Marci Doran for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 191. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Taliah Hassan for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 192. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Treska Hardy for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 193. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Kacy Ingram for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 194. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Tracey Hoffman for outstanding contributions to public education in the State of Georgia; and for other purposes. 226 JOURNAL OF THE SENATE SR 195. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Monica Perdue for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 196. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Marie Lee for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 197. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Caroline Shafer for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 198. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Debra T. Whatley for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 199. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Luther Richardson for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 200. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. William Kershaw for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 201. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Victor Rogers for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 202. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Scott Black for outstanding contributions to public education in the State of Georgia; and for other purposes. WEDNESDAY, FEBRUARY 11, 2009 227 SR 203. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. David Kirkland for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 204. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Dee Anne Fox for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 205. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Vicki Bradford for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 206. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Willetta Jackson for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 207. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Stephanie Jones for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 208. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Penny Harper for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 209. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Sarah Rhodes for outstanding contributions to public education in the State of Georgia; and for other purposes. 228 JOURNAL OF THE SENATE SR 210. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Lanora Martin for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 211. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Jennifer Jordan for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 212. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Marie Epting for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 213. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Jean Skibbe for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 214. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Bobbie Weldon for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 215. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Sue Ellen Williams for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 216. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Andrea Walker for outstanding contributions to public education in the State of Georgia; and for other purposes. WEDNESDAY, FEBRUARY 11, 2009 229 SR 217. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Monique Gunnels for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 218. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Jennifer DuVall for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 219. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Sureya Hendrick-Fowler for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 220. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Shanna Johnson for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 221. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Yulanda Fluellen for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 222. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Maria Hirsch for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 223. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Jaime Chavez for outstanding contributions to public education in the State of Georgia; and for other purposes. 230 JOURNAL OF THE SENATE SR 224. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Patrice Mills for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 225. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Rebecca Talley for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 226. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Mikaa Veal for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 227. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Felicia Thompson for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 228. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Markeysha Kirksey for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 229. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Karen Cochran for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 230. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Sandy Jones for outstanding contributions to public education in the State of Georgia; and for other purposes. WEDNESDAY, FEBRUARY 11, 2009 231 SR 231. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Keisha Cook for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 232. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Denise McCoy for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 233. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Mack Strong; and for other purposes. SR 234. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Nekia Roberts for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 235. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Kim Schorr for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 236. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Sheryl Wright for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 237. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Dolly Kay Baker for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 238. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Judy Watson for outstanding contributions to public education in the State of Georgia; and for other purposes. 232 JOURNAL OF THE SENATE SR 239. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Angie Jacobson for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 240. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Dianne White for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 241. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Becky Speer for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 242. By Senator Harbison of the 15th: SR 243. A RESOLUTION recognizing and commending Ms. Laura Butler for outstanding contributions to public education in the State of Georgia; and for other purposes. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Zandra Moten for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 244. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Tonya Mack for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 246. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Linda Bolen for outstanding contributions to public education in the State of Georgia; and for other purposes. WEDNESDAY, FEBRUARY 11, 2009 233 SR 247. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Rhonda Burch for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 248. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Veverlyn Ealy for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 249. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Nichole Foster for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 250. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Merrimoore McDonald for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 251. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ms. Margaret Hines for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 252. By Senators Butterworth of the 50th, Mullis of the 53rd, Pearson of the 51st and Smith of the 52nd: A RESOLUTION recognizing and commending Ms. Phylecia Wilson; and for other purposes. SR 253. By Senators Butterworth of the 50th, Mullis of the 53rd, Heath of the 31st, Hawkins of the 49th, Pearson of the 51st and others: A RESOLUTION recognizing and commending Mr. J. T. Williams; and for other purposes. 234 JOURNAL OF THE SENATE SR 254. By Senators Pearson of the 51st, Murphy of the 27th, Tolleson of the 20th and Rogers of the 21st: A RESOLUTION recognizing and commending Georgia's sustainable and environmentally friendly businesses; and for other purposes. SR 255. By Senators Stoner of the 6th, Brown of the 26th, Williams of the 19th, Rogers of the 21st, Golden of the 8th and others: A RESOLUTION requesting that the President of the United States and his administration continue the uninterrupted production of the F-22 Raptor; and for other purposes. SR 256. By Senators Thomas of the 54th, Orrock of the 36th, Johnson of the 1st, Unterman of the 45th, Weber of the 40th and others: A RESOLUTION recognizing and commending the Alzheimer's Association, Georgia Chapter and declaring March 9, 2009, as Alzheimer's Awareness Day at the state capitol; and for other purposes. SR 258. By Senators Staton of the 18th, Thomas of the 54th, Douglas of the 17th and Bulloch of the 11th: A RESOLUTION commending the Georgia Rural Health Association and recognizing February 19, 2009, as Rural Health Day at the State Capitol; and for other purposes. SR 259. By Senator Grant of the 25th: A RESOLUTION recognizing and commending the class of Leadership Baldwin 2009; and for other purposes. Senator Unterman of the 45th recognized the life and memory of Florence Wald and recognized the Georgia Hospice and Palliative Care Organization. SR 107 SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 11, 2009 SEVENTEENTH LEGISLATIVE DAY Congress; urged to facilitate the building of reservoirs upstream from Lake Sidney Lanier (NR&E-51st) SB 31 Georgia Nuclear Energy Financing Act; procedure for changing any rate, charge, classification, service (Substitute)(RI&U-9th) WEDNESDAY, FEBRUARY 11, 2009 235 SB 63 Insurance; multiple employer self-insured health plan; independent nonpropriety institutions of higher education; not subject to requirements (I&L-50th) SB 6 Driver's Licenses; restricted; change the penalty for violation (PUB SAF24th) SB 45 Nurses; licensure; nursing education programs; revise requirements; definitions (H ED-29th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SR 107. By Senators Pearson of the 51st, Murphy of the 27th, Hawkins of the 49th, Butterworth of the 50th and Moody of the 56th: A RESOLUTION urging the United States Congress to facilitate the building of reservoirs upstream from Lake Sidney Lanier; 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 Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Hawkins Y Heath Y Henson E Hill,Jack Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Rogers Y Seabaugh Y Seay Y Shafer N Sims Y Smith Y Staton Stoner Y Tarver Y Tate Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman 236 JOURNAL OF THE SENATE Y Grant Y Hamrick Y Harbison Y Harp Y Pearson Y Powell Y Ramsey Y Reed Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 50, nays 1. SR 107, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: Senator Freddie Powell Sims District 12 305-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Retirement Education and Youth Natural Resources and the Environment Public Safety The State Senate Atlanta, Georgia 30334 February 11, 2009 Dear Secretary Ewing, On February 11, 2009, I inadvertently pressed the wrong voting button for Senate Resolution 107. I voted NO, but my intentions were to vote YES. I submit this letter as a correction to my voting record. Thank you for your attention to this matter. Respectfully submitted, /s/ Freddie Powell Sims Senator Hooks of the 14th asked unanimous consent that he be excused from voting on SB 31 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Hooks was excused. SB 31. By Senators Balfour of the 9th, Tarver of the 22nd, Rogers of the 21st, Powell of the 23rd, Tolleson of the 20th and others: A BILL to be entitled an Act to enact the "Georgia Nuclear Energy Financing Act"; to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, so as to provide for a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; to provide a short title; to provide for the calculation and WEDNESDAY, FEBRUARY 11, 2009 237 collection of the financing costs; to provide for review by the Georgia Public Service Commission as to whether the costs recovered are being properly recorded; 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 31: A BILL TO BE ENTITLED AN ACT To enact the "Georgia Nuclear Energy Financing Act"; to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, so as to provide for a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; to provide a short title; to provide for the calculation and collection of the financing costs; to provide for the Georgia Public Service Commission to exercise discretion in setting the level of assistance for senior and low income customers; to provide for review by the commission as to whether the costs recovered are prudent and are being properly recorded; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Nuclear Energy Financing Act." SECTION 2. Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, is amended by adding a new subsection as follows: "(c.1)(1) Notwithstanding any provision to the contrary, a utility shall recover from its customers, as provided in this subsection, the costs of financing associated with the construction of a nuclear generating plant which has been certified by the commission. The financing charges shall accrue on all applicable certified costs as they are recorded in the utility's construction work in progress accounts pursuant to generally accepted accounting and regulatory principles as approved by the commission. The financing costs shall be based on the utility's actual cost of debt, as reflected in its annual surveillance report filed with the commission, and based on the authorized cost of equity capital and capital structure as determined by the commission when setting the utility's current base rates. These financing costs shall be recovered from each customer through a separate rate tariff and allocated on an 238 JOURNAL OF THE SENATE equal percentage basis to standard base tariffs which are designed to collect embedded capacity costs. The commission shall retain the discretion to consider the effect of this tariff when setting the level of any senior or low income assistance it may authorize. (2) The commission shall have the authority to review whether costs recovered pursuant to this subsection are prudent and are being properly recorded, but the costs recovered pursuant to this subsection shall neither be considered as revenue requirements nor be used to affect the outcome in any general rate case in which the utility is involved. Nothing in this paragraph shall preclude the commission and the utility from agreeing to apply earnings against such costs in a future rate case. (3)(A) For any nuclear generating plant certified by the commission on or after July 1, 2009, the utility may begin recovering the costs of financing the construction of the nuclear generating plant at any time within five years after the date on which such nuclear generating plant is certified. Any such costs incurred between the time the plant is certified and the time the utility begins recovering its cost shall be accrued, capitalized, and included in the balance of the account and then amortized over the next five years following the date on which the utility begins recovering the costs of financing the construction and shall be recovered with one-fifth of those deferred costs being recovered each year for five years. (B) For any nuclear generating plant certified by the commission on or after January 1, 2009, and before July 1, 2009, the utility shall begin recovering on January 1, 2011, any costs of financing the construction of the nuclear generating plant. Any such costs incurred prior to January 1, 2011, shall be accrued, capitalized, and included in the balance of the account and then amortized over the next five years following January 1, 2011, and shall be recovered with one-fifth of those deferred costs being recovered each year for five years. (4) The costs recoverable pursuant to this subsection shall be recalculated and the level of the charges reset annually if necessary to reflect the level of construction costs expected to be incurred in the next 12 months consistent with the certificate and the financing costs expected to be incurred for the next 12 months together with a balanced accounting of actual expenditures and financing costs incurred in the preceding period. (5) The financing costs associated with a nuclear generating plant which has been certified by the commission shall continue to be recovered between the time that the generating plant begins commercial operation and until the next general rate case filed by the utility becomes effective, at which time the financing costs being collected for any generating plants which are then in commercial operation shall be included in the general revenue requirements of the utility and collected in the general base rates of the utility." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. WEDNESDAY, FEBRUARY 11, 2009 239 SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Williams of the 19th, Rogers of the 21st, Seabaugh of the 28th, Goggans of the 7th, Smith of the 52nd and others offered the following amendment #1 to the committee substitute: Amend SB 31 (LC 36 1285S) by inserting after "customers" on line 7 the following: to provide the commission with the authority to authorize any specific accounting treatment for the costs recovered; By striking "are prudent and" on line 8. By striking from line 32 through line 37 and inserting the following: (2) The commission shall have the authority to authorize any specific accounting treatment for the costs recovered pursuant to this subsection and to review whether costs recovered pursuant to this subsection are being properly recorded. On the adoption of the amendment, there were no objections, and the Williams et al. amendment #1 to the committee substitute was adopted. Senators Unterman of the 45th, Balfour of the 9th and Williams of the 19th offered the following amendment #2 to the committee substitute: Amend the committee substitute to SB31 by adding immediately before the period on line 31 the following: ; provided, however, that the income qualification for such assistance shall be 200 percent of the federal poverty level On the adoption of the amendment, there were no objections, and the Unterman 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: N Adelman Y Balfour N Brown Buckner Y Hawkins Y Heath N Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer 240 JOURNAL OF THE SENATE Y Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Judson E Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed N Sims N Smith Y Staton N Stoner Y Tarver N Tate Y Thomas 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 38, nays 16. SB 31, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Gail Buckner District 44 313-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Government Oversight Interstate Cooperation State Institutions and Property Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM DATE: TO: FROM: 11 February 2009 Bob Ewing Secretary of the Senate Senator Gail Buckner, 44th On Wednesday, February 11, 2009, I wish to be recorded as voting "NO" on Senate Bill 31 because my position is that this issue should be addressed by the Public Service Commission. WEDNESDAY, FEBRUARY 11, 2009 241 Thank you. /s/ Gail Buckner Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, February 12, 2009. The motion prevailed, and the President announced the Senate adjourned at 12:57 p.m. 242 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 12, 2009 Eighteenth 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 71. By Representative Day of the 163rd: A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 116. By Representatives Stephens of the 164th, Harbin of the 118th, Keen of the 179th and Davis of the 122nd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes. HB 231. By Representatives Jerguson of the 22nd, Powell of the 29th and Williams of the 4th: A BILL to be entitled an Act to amend Code Section 43-4-14 of the Official Code of Georgia Annotated, relating to the practice of architecture, THURSDAY, FEBRUARY 12, 2009 243 qualifications and registration, exempt structures and persons, design-build contracts, predesign services, and construction contract administration services, so as to clarify the types of construction projects within planned or existing structures for which documents may be prepared, certified, and submitted for building permits by a Georgia registered interior designer; 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 142. By Senators Harp of the 29th, Unterman of the 45th, Stoner of the 6th and Adelman of the 42nd: A BILL to be entitled an Act to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to enhance penalties for an act of family violence; to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to define certain terms; to create the Georgia Family Violence Offender Registry; to provide for the contents of such registry; to provide for immunity; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 143. By Senators Brown of the 26th, Rogers of the 21st, Staton of the 18th, Seay of the 34th, Golden of the 8th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change certain provisions relating to meetings to be open to the public, limitation on action to contest agency action, recording, notice of time and place, access to minutes, and telecommunications conferences; to change certain provisions relating to excluded proceedings; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 144. By Senators Shafer of the 48th, Hudgens of the 47th, Hill of the 32nd 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 repeal the requirement that an applicant for an insurance agent's license shall be appointed an agent by an 244 JOURNAL OF THE SENATE authorized insurer prior to issuance of the license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 145. By Senators Mullis of the 53rd, Unterman of the 45th, Thomas of the 54th, Butterworth of the 50th, Hamrick of the 30th 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 a short title; 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 146. By Senators Hill of the 32nd, Jackson of the 2nd, Hawkins of the 49th and Goggans of the 7th: 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 the Department of Community Health to contract with a single administrator for dental services; to provide for applicability; to provide for an amendment to the state plan if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 147. By Senators Adelman of the 42nd, Jackson of the 2nd, Henson of the 41st, Stoner of the 6th and Thompson of the 5th: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to provide for portfolio standard goals for renewable and recoverable energy and energy efficiency; to provide for definitions; to provide for reports, incentives, penalties, and rules and regulations; to provide for a renewable and recoverable energy credits trading program; to provide for a registry of producers of renewable and recoverable energy in this state; to provide for credits for landfill gas or other renewable and recoverable energy in the form of gas supplied by a producer of renewable and recoverable energy and sold to a customer or gas distribution system; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. THURSDAY, FEBRUARY 12, 2009 245 SB 148. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Hill of the 32nd, Wiles of the 37th and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and business, so as to provide for review of existing regulatory entities to determine the need for change to their current regulations; to provide for the evaluation of the regulations of existing regulatory entities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 149. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Moody of the 56th, Chance of the 16th and others: 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 revise the "Uniform Athlete Agents Act"; to provide for the regulation of athlete agents; to terminate the Georgia Athlete Agent Regulatory Commission; to provide for general powers and duties of the Secretary of State relating to the regulation of athlete agents; to require a certificate of registration to act as an athlete agent in this state; to provide requirements for agency contracts; to provide for cancellation of agency contracts by student athletes; to provide for civil penalties and civil causes of action; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 150. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Wiles of the 37th, Moody of the 56th and others: 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 repeal Chapter 22, relating to junk dealers, and designate it as reserved; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs relative to probate court, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SR 263. By Senators Unterman of the 45th, Thomas of the 54th, Staton of the 18th, Hawkins of the 49th, Hill of the 32nd and others: A RESOLUTION recognizing the benefits of public health programs in Georgia's local communities; urging the President and Congress of the United 246 JOURNAL OF THE SENATE States to provide support to strengthen Georgia's public health infrastructure; and for other purposes. Referred to the Health and Human Services Committee. SR 273. By Senators Johnson of the 1st, Hudgens of the 47th, Balfour of the 9th and Seabaugh of the 28th: A RESOLUTION urging Congress not to include a project labor agreement requirement in any economic stimulus legislation affecting the State of Georgia; urging President Barack Obama not to repeal the former administration's Executive Order 13202; and for other purposes. Referred to the Insurance and Labor Committee. SR 274. By Senators Thomas of the 54th and Mullis of the 53rd: A RESOLUTION designating the tulip poplar adjacent to Dalton City Hall planted October 18, 2006, in Dalton, Georgia, as the official Liberty Tree of Georgia; and for other purposes. Referred to the Rules Committee. SR 277. By Senators Goggans of the 7th, Staton of the 18th, Unterman of the 45th, Thomas of the 54th, Adelman of the 42nd and others: A RESOLUTION proposing an amendment to the Constitution 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 authorize the General Assembly to adjust the amount of such charge and to provide for the collection of such charge; to provide that such funds shall not be subject to lapse; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. SR 281. By Senators Orrock of the 36th, Butler of the 55th, Tate of the 38th, Henson of the 41st, Jackson of the 2nd and others: A RESOLUTION urging the United States Congress to enact the Prevention First Act (H.R. 463/S.21); and for other purposes. Referred to the Health and Human Services Committee. THURSDAY, FEBRUARY 12, 2009 247 The following House legislation was read the first time and referred to committee: HB 71. By Representative Day of the 163rd: A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; 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 116. By Representatives Stephens of the 164th, Harbin of the 118th, Keen of the 179th and Davis of the 122nd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 231. By Representatives Jerguson of the 22nd, Powell of the 29th and Williams of the 4th: A BILL to be entitled an Act to amend Code Section 43-4-14 of the Official Code of Georgia Annotated, relating to the practice of architecture, qualifications and registration, exempt structures and persons, design-build contracts, predesign services, and construction contract administration services, so as to clarify the types of construction projects within planned or existing structures for which documents may be prepared, certified, and submitted for building permits by a Georgia registered interior designer; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities 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: 248 JOURNAL OF THE SENATE SB 80 Do Pass by substitute Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President: The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 157 Do Pass SR 140 Do Pass by substitute Respectfully submitted, Senator Harp of the 29th 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 68 Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th 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 120 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: SB 4 SB 20 SB 26 SB 59 SB 97 SB 98 SB 110 SB 111 THURSDAY, FEBRUARY 12, 2009 249 Senator Weber of the 40th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Wiles Williams Not answering were Senators: Golden Weber (Excused) Johnson Sims The members pledged allegiance to the flag. Senator Jones of the 10th introduced the chaplain of the day, Reverend Marlin D. Harris of Lithonia, Georgia, who offered scripture reading and prayer. The following resolution was read and adopted: SR 283. By Senator Johnson of the 1st: A RESOLUTION recognizing Mr. Bill Li, Carbon Motors Corporation, and the Carbon E-7; and for other purposes. Senator Johnson of the 1st recognized Carbon Motors Corporation, and the Carbon E-7, commended by SR 283. Bill Li addressed the Senate briefly. 250 JOURNAL OF THE SENATE Senator Chance of the 16th recognized Sheriff Randall Johnson on the occasion of his retirement, commended by SR 185, adopted previously. Sheriff Randall Johnson addressed the Senate briefly. The following resolution was read and adopted: SR 280. By Senators Chapman of the 3rd, Williams of the 19th, Seabaugh of the 28th and Hudgens of the 47th: A RESOLUTION recognizing and commending Wells Ellenberg; and for other purposes. Senator Chapman of the 3rd recognized Wells Ellenberg, commended by SR 280. Wells Ellenberg addressed the Senate briefly. Senator Brown of the 26th recognized the life and memory of Walter Curtis Butler, Jr., commended by SR 161, adopted previously. Laura B. Wilson Butler addressed the Senate briefly. The following resolutions were read and adopted: SR 245. By Senators Mullis of the 53rd and Thomas of the 54th: A RESOLUTION recognizing and commending Mr. Mike and Mrs. Leila Fuller; and for other purposes. SR 261. By Senators Murphy of the 27th, Mullis of the 53rd, Shafer of the 48th, Hamrick of the 30th, Butler of the 55th and others: A RESOLUTION recognizing and commending Georgia Bureau of Investigation Director Vernon Keenan; and for other purposes. SR 262. By Senator Adelman of the 42nd: A RESOLUTION declaring Wednesday, February 18, 2009, as Lupus Awareness Day at the state capitol; and for other purposes. SR 264. By Senators Unterman of the 45th, Thomas of the 54th, Staton of the 18th, Hawkins of the 49th, Hill of the 32nd and others: A RESOLUTION honoring the life and memory of Mrs. Florence Wald; and for other purposes. THURSDAY, FEBRUARY 12, 2009 251 SR 265. By Senators Henson of the 41st, Weber of the 40th, Butler of the 55th, Ramsey, Sr. of the 43rd and Thompson of the 5th: A RESOLUTION recognizing and commending the Tucker High School football team for their victorious performance in the 2008 Class AAAA State Championship; and for other purposes. SR 266. By Senator Harbison of the 15th: A RESOLUTION recognizing Muscogee County School District Spelling Bee Finalist James Bryce Jackson; and for other purposes. SR 267. By Senator Harbison of the 15th: A RESOLUTION recognizing Muscogee County School District Spelling Bee Runner Up Brenetta Braddy; and for other purposes. SR 268. By Senator Harbison of the 15th: A RESOLUTION recognizing Muscogee County School District Spelling Bee Champion Miranda McGee; and for other purposes. SR 269. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending the Military Order of the Purple Heart's Georgia Chapter 492; and for other purposes. SR 270. By Senator Grant of the 25th: A RESOLUTION recognizing and commending the Milledgeville Mayor's 2009 Commission on Youth Leadership; and for other purposes. SR 271. By Senators Adelman of the 42nd and Moody of the 56th: A RESOLUTION declaring Tuesday, March 3, 2009, as "Georgia Rides to the Capitol Day"; and for other purposes. SR 272. By Senators Douglas of the 17th, Jones of the 10th and Buckner of the 44th: A RESOLUTION recognizing and commending Mr. Scott Willett; and for other purposes. 252 JOURNAL OF THE SENATE SR 275. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th, Thompson of the 33rd and Hill of the 32nd: A RESOLUTION commending the Harrison High School boys golf team; and for other purposes. SR 276. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Mrs. Anne Dismukes Amerson; and for other purposes. SR 278. By Senators Chapman of the 3rd and Wiles of the 37th: A RESOLUTION recognizing and commending Mr. George L. Rose; and for other purposes. SR 279. By Senators Chapman of the 3rd, Williams of the 19th, Seabaugh of the 28th and Wiles of the 37th: A RESOLUTION recognizing and commending Mrs. Josephine Braddock Bennett on the occasion of her 100th birthday; and for other purposes. SR 282. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending the Georgia Young Farmers Association; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Stoner of the 6th SB 46 SENATE RULES CALENDAR THURSDAY, FEBRUARY 12, 2009 EIGHTEENTH LEGISLATIVE DAY O.C.G.A.; correct errors/omissions (S JUDY-42nd) SB 47 O.C.G.A.; correct errors/omissions; Title 21 (S JUDY-42nd) SB 48 O.C.G.A; correct errors/omissions; Title 47 (S JUDY-42nd) SB 63 Insurance; multiple employer self-insured health plan; independent nonpropriety institutions of higher education; not subject to requirements (I&L-50th) THURSDAY, FEBRUARY 12, 2009 253 SB 49 Georgia Registered Professional Nurse Practice Act; nursing education program requirements; revise certain provisions (H ED-49th) SB 85 Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties (TRANS-31st) SB 5 Motor vehicles; use of safety belts; eliminate certain exceptions (Substitute)(PUB SAF-54th) SR 1 Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts - CA (Substitute)(FIN-21st) SB 6 Driver's Licenses; restricted; change the penalty for violation (PUB SAF-24th) SB 45 Nurses; licensure; nursing education programs; revise requirements; definitions (H ED-29th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 46. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th: 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 delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 254 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas 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 46, having received the requisite constitutional majority, was passed. Senator Seay of the 34th recognized the NAACP on its 100th anniversary, commended by SR 19, adopted previously. Senator Seay of the 34th recognized the Clayton County branch of the NAACP, commended by SR 63, adopted previously. Ed DuBose addressed the Senate briefly. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. The Calendar was resumed. SB 47. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th: 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 THURSDAY, FEBRUARY 12, 2009 255 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E Fort Y Goggans 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,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas 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 49, nays 0. SB 47, having received the requisite constitutional majority, was passed. SB 48. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide effective dates; to repeal conflicting laws; and for other purposes. 256 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 January 13, 2009 The Honorable David Adelman State Senator State Capitol, Room 121-I Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 48 (LC 25 5367) Dear Senator Adelman: This bill would correct typographical, stylistic, spelling, capitalization, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated. This bill would make such corrections in the chapters affecting the General Provisions, the Teachers Retirement System, the Georgia Municipal Employees Benefit System, the Peace Officers' Annuity and Benefit Fund, and the Public Retirement Systems Standards Law. 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 Buckner Y Hawkins Y Heath Y Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer THURSDAY, FEBRUARY 12, 2009 257 Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E Fort Y Goggans Golden Grant Y Hamrick Y Harbison Y Harp Y Hill,Judson Y Hooks Y Hudgens Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas 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 48, nays 0. SB 48, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Grant of the 25th SB 63. By Senators Hudgens of the 47th, Williams of the 19th, Mullis of the 53rd and Butterworth of the 50th: 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 report of the committee, which was favorable to the passage of the bill, was agreed 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 Hawkins Y Heath Henson Y Rogers Y Seabaugh Y Seay 258 JOURNAL OF THE SENATE Y Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 63, having received the requisite constitutional majority, was passed. Senator Jones of the 10th was excused for business outside the Senate Chamber. At 12:02 p.m. the President announced that the Senate would stand in recess until 1:00 p.m. At 1:00 p.m. Tommie Williams, President Pro Tempore, called the Senate to order. SB 49. By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Cowsert of the 46th, Butterworth of the 50th 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 revise certain provisions relating to nursing education program requirements for registered professional nurses; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Hawkins of the 49th and Harp of the 29th offered the following amendment #1: Amend SB 49 by striking on lines 75 & 76 the words "or hold a degree in a clinically oriented health care field with demonstrated experience providing direct patient care to qualify for admission." On the adoption of the amendment, there were no objections, and the Hawkins, Harp amendment #1 was adopted. THURSDAY, FEBRUARY 12, 2009 259 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 N Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson E Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer N Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 2. SB 49, having received the requisite constitutional majority, was passed as amended. Senator Buckner of the 44th was excused for business outside the Senate Chamber. SB 85. By Senators Heath of the 31st, Cowsert of the 46th, Pearson of the 51st, Butterworth of the 50th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Title 6 of the O.C.G.A., relating to aviation, so as to create the Georgia Aviation Authority; to amend Code Section 32-2-2 of the O.C.G.A., relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the O.C.G.A., relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes. 260 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 E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E 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,L Y Jackson,W Y Johnson E Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 85, having received the requisite constitutional majority, was passed. The President resumed the Chair. SB 5. By Senators Thomas of the 54th, Hill of the 4th, Harp of the 29th, Stoner of the 6th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 5: A BILL TO BE ENTITLED AN ACT THURSDAY, FEBRUARY 12, 2009 261 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; 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 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, and sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or pickup trucks being used by an owner, driver, or occupant 18 years of age or older in connection with agricultural pursuits that are usual and normal to the user's farming operation 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." 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 E Buckner Y Bulloch Y Butler Y Butterworth Y Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Rogers N Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton 262 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jackson,L Y Jackson,W Y Johnson E Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Stoner Y Tarver Y Tate Y Thomas Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 49, nays 4. SB 5, having received the requisite constitutional majority, was passed by substitute. SR 1. By Senators Rogers of the 21st, Shafer of the 48th, Seabaugh of the 28th, Williams of the 19th, Pearson of the 51st and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide for prioritized funding requirements regarding certain supplementary appropriations Acts; to provide for procedures, conditions, and limitations; 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III, Section IX of the Constitution is amended by adding a new Paragraph V-A to read as follows: "Paragraph V-A. Supplementary appropriation Act requirements. (a) On or after January 1, 2011, any supplementary appropriations Act under this section which amends the General Appropriations Act for the current fiscal year by appropriating revenues in excess of the revenues appropriated in such General Appropriations Act shall, in the following order of priority, fund: (1) Increases due to student enrollment for local school systems; (2) The Revenue Shortfall Reserve to the extent necessary to ensure that the fund balance is at least 8 percent of the previous fiscal year's net revenue for any given fiscal year; and (3) The reduction of state indebtedness or the provision of tax relief to the taxpayers, or both. THURSDAY, FEBRUARY 12, 2009 263 (b) The General Assembly shall be authorized to appropriate revenues in a supplementary appropriations Act which amends the General Appropriations Act for the current fiscal year by appropriating revenues in excess of the revenues appropriated in such General Appropriations Act without being subject to the requirements of subparagraph (a) of this Paragraph, but only after the adoption of a joint resolution of the General Assembly by a three-fifths' vote of the members of each house voting in a roll-call vote, which joint resolution states the intent of the General Assembly to appropriate those revenues without being subject to the requirements of subparagraph (a) of this Paragraph. (c) The General Assembly shall enact legislation that may be necessary to implement and enforce the provisions of this Paragraph." 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 limitations on the expenditure of excess revenues and budget surpluses ( ) NO by providing for prioritized funding requirements?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Finance Committee offered the following substitute to SR 1: A RESOLUTION Proposing an amendment to the Constitution so as to provide for prioritized funding requirements regarding certain supplemental appropriations bills; to provide for a short title; to provide for procedures, conditions, and limitations; 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III, Section IX of the Constitution is amended by adding a new Paragraph V-A to read as follows: "Paragraph V-A. Supplemental appropriation bill requirements. (a) This Paragraph shall be known and may be cited as the 'Taxpayer Protection Amendment.' (b) Any supplemental appropriation bill under this section which amends the General 264 JOURNAL OF THE SENATE Appropriations Act for the current fiscal year by appropriating revenues in excess of the revenues appropriated in such General Appropriations Act shall, in the following order of priority, fund: (1) Increases due to student enrollment for local school systems; (2) The Revenue Shortfall Reserve to the extent necessary to ensure that the fund balance is at least 10 percent of the previous fiscal year's net revenue for any given fiscal year; (3) The reduction of state indebtedness or the provision of tax relief to the taxpayers, or both. (c) The General Assembly shall be authorized to appropriate revenues in a supplemental appropriation bill which amends the General Appropriations Act for the current fiscal year without being subject to the requirements of subparagraph (b) of this Paragraph but only after the adoption of a joint resolution of the General Assembly by a two-thirds' vote of the members of each house voting in a roll-call vote, which joint resolution states the intent of the General Assembly to appropriate those revenues without being subject to the requirements of subparagraph (b) of this Paragraph. (d) The General Assembly shall enact legislation that may be necessary to implement and enforce the provisions of this Paragraph." 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 ( ) NO limitations on the expenditure of state budget surpluses?" 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 bescome 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, 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 Hawkins Y Heath N Henson Y Rogers Y Seabaugh Y Seay THURSDAY, FEBRUARY 12, 2009 265 E Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson E Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tarver N Tate Y Thomas Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 43, nays 9. SR 1, having received the requisite two-thirds constitutional majority, was adopted by substitute. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. SB 6. By Senators Jackson of the 24th, Williams of the 19th, Goggans of the 7th, Douglas of the 17th, Grant of the 25th and others: A BILL to be entitled an Act to amend Code Section 40-5-30 of the Official Code of Georgia Annotated, relating to restricted licenses, so as to change the penalty for violation of restrictions of a driver's license; 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 Buckner Y Bulloch Y Butler Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers E Seabaugh Y Seay Y Shafer Y Sims N Smith 266 JOURNAL OF THE SENATE Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hudgens Y Jackson,L Y Jackson,W Johnson E Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 2. SB 6, having received the requisite constitutional majority, was passed. SB 45. By Senators Harp of the 29th, Thomas of the 54th, Balfour of the 9th, Grant of the 25th, Henson of the 41st and others: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the requirements for nursing education programs required for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse; to revise definitions; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate THURSDAY, FEBRUARY 12, 2009 267 Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp E Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thomas 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 45, having received the requisite constitutional majority, was passed. Serving as doctor of the day was Dr. Steve McCollam. Senator Rogers of the 21st moved that pursuant to HR 238 the Senate adjourn until 10:00 a.m. Tuesday, February 17, 2009. The motion prevailed, and the President announced the Senate adjourned at 2:09 p.m. 268 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 17, 2009 Nineteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Tommie Williams, President Pro Tempore. 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 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 176. HB 181. By Representatives Geisinger of the 48th, Jones of the 46th, Willard of the 49th and Martin of the 47th: 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. By Representatives Austin of the 10th, Roberts of the 154th, Powell of the 171st, Harden of the 28th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Code Section 48-8-67 of the Official Code of Georgia Annotated, relating to distributions of unidentifiable sales and use tax proceeds, so as to repeal certain provisions regarding limitations on the state revenue commissioner's authority to make certain distributions; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 17, 2009 269 HB 297. HB 314. HB 319. HB 322. By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Stephens of the 161st and Gordon of the 162nd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), 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 council members; to change the provisions relating to the regular expiration of terms of office of certain council members; to provide for elections; to provide for qualification, nomination, and election of candidates; to provide for districting; to provide for qualifications; to provide for the submission of the city's operating and capital budgets to the city council by the city manager; to provide for action on the budget; to provide for severability; to repeal conflicting laws; and for other purposes. By Representatives Beasley-Teague of the 65th and Horne of the 71st: A BILL to be entitled an Act to provide for a homestead exemption from City of Palmetto ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older and whose income, excluding certain retirement income, does not exceed $16,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives 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. 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 270 JOURNAL OF THE SENATE VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 151. By Senators Wiles of the 37th and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Parole greater input from crime victims, their families, and other interested witnesses; to provide for victim notification of parole board hearings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 152. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 2-8-13 of the Official Code of Georgia Annotated, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, so as to provide for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 153. By Senators Henson of the 41st and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide for use of more than one parking place by persons with disabilities when all parking places for persons with disabilities are full; 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 154. By Senators Harp of the 29th, Hamrick of the 30th and Seabaugh of the 28th: A BILL to be entitled an Act to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved TUESDAY, FEBRUARY 17, 2009 271 December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4254), so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; 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 155. By Senators Pearson of the 51st, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 156. By Senators Staton of the 18th, Adelman of the 42nd, Thomas of the 54th, Goggans of the 7th, Golden of the 8th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to extensively revise the duties of the Georgia Trauma Care Network Commission; to revise definitions relating to trauma care; to provide for duties of the State Office of EMS/Trauma relating to the state-wide trauma network; to revise funding priorities; to abolish the Georgia Trauma Trust Fund; to establish the State Office of EMS/Trauma; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 157. By Senators Harp of the 29th, Cowsert of the 46th, Orrock of the 36th, Adelman of the 42nd, Butler of the 55th and others: A BILL to be entitled an Act to change and enact provisions of law relating to classification of sexual offenders, sexual offender registration, and restrictions on sexual offenders' residences, workplaces, and activities; to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeals requiring an application for appeal, so as to make such Code section applicable 272 JOURNAL OF THE SENATE to appeals from decisions of superior courts reviewing a decision of the Sexual Offender Registration Review Board; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 158. By Senators Hill of the 32nd, Rogers of the 21st, Johnson of the 1st and Chance of the 16th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal bills generally, so as to provide exceptions to the requirements for fiscal notes regarding legislation; to provide for the contents of fiscal notes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 159. By Senators Grant of the 25th, Unterman of the 45th and Thomas of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to create the Hemophilia Advisory Board; to provide for a short title; to provide for legislative findings; to provide for duties, reporting, membership, and the selection of officers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 160. By Senators Chapman of the 3rd, Douglas of the 17th, Staton of the 18th, Harbison of the 15th, Murphy of the 27th 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. SB 161. By Senators Grant of the 25th, Williams of the 19th, Johnson of the 1st, Thomas of the 54th, Cowsert of the 46th and others: A BILL to be entitled an Act to amend Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, TUESDAY, FEBRUARY 17, 2009 273 so as to require certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 162. By Senators Grant of the 25th and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize security guards and detectives to obtain individual licensure for employment; 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 163. By Senators Balfour of the 9th, Harbison of the 15th, Thomas of the 54th and Orrock of the 36th: 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 authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the department to serve as the central repository of diabetes treatment and prevention data; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 164. By Senators Balfour of the 9th, Tarver of the 22nd, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, so as to provide for certain height limitations on such signs; to allow owners of legally erected and maintained signs to obtain permits to remove vegetation from the viewing zones of their signs if certain specified conditions are met; to provide for procedures, fees, and penalties related to the foregoing; to provide for stages of implementation by department districts; to provide for severability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. 274 JOURNAL OF THE SENATE SB 165. By Senators Goggans of the 7th, Williams of the 19th, Hill of the 4th, Hawkins of the 49th and others: 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 authorize the Department of Community Health to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and the PeachCare for Kids 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. SR 291. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th, Mullis of the 53rd, Seay of the 34th and others: A RESOLUTION urging the President and Congress of the United States to support legislative efforts to enact the "National Childhood Brain Tumor Prevention Network Act of 2009"; and for other purposes. Referred to the Health and Human Services Committee. SR 294. By Senators Grant of the 25th, Jackson of the 24th, Cowsert of the 46th, Tolleson of the 20th, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SR 295. By Senators Stoner of the 6th, Mullis of the 53rd, Jackson of the 2nd and Staton of the 18th: A RESOLUTION requesting the implementation of a Strategic DeploymentDistribution Corridor Network by the Georgia Ports Authority and the Georgia Departments of Transportation, Economic Development, and Agriculture with assistance from the Georgia Congressional delegation; and for other purposes. Referred to the Transportation Committee. TUESDAY, FEBRUARY 17, 2009 275 The following House legislation was read the first time and referred to committee: HB 176. By Representatives Geisinger of the 48th, Jones of the 46th, Willard of the 49th and Martin of the 47th: 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. Referred to the State and Local Governmental Operations Committee. HB 181. By Representatives Austin of the 10th, Roberts of the 154th, Powell of the 171st, Harden of the 28th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Code Section 48-8-67 of the Official Code of Georgia Annotated, relating to distributions of unidentifiable sales and use tax proceeds, so as to repeal certain provisions regarding limitations on the state revenue commissioner's authority to make certain distributions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 297. By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Stephens of the 161st and Gordon of the 162nd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), 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 council members; to change the provisions relating to the regular expiration of terms of office of certain council members; to provide for elections; to provide for qualification, nomination, and election of candidates; to provide for districting; to provide for qualifications; to provide for the submission of the city's operating and capital budgets to the city council by the city manager; to provide for action on the budget; to provide for severability; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 276 JOURNAL OF THE SENATE HB 314. By Representatives Beasley-Teague of the 65th and Horne of the 71st: A BILL to be entitled an Act to provide for a homestead exemption from City of Palmetto ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older and whose income, excluding certain retirement income, does not exceed $16,000.00; 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 319. 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 322. 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. 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: TUESDAY, FEBRUARY 17, 2009 277 SB 117 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th 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 17 SB 86 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Johnson of the 1st 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 133 SR 257 Do Pass by substitute Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 79 SB 100 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: 278 JOURNAL OF THE SENATE SR 12 SR 184 Do Pass by substitute 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 49 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 114 Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: HB 157 SB 68 SB 80 SB 120 SR 140 The following Senators were excused for business outside the Senate Chamber: Rogers of the 21st Seabaugh of the 28th Thompson of the 33rd The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Harp Hawkins Heath Henson Hill,Jack Hill,Judson Powell Ramsey Reed Seay Sims Smith TUESDAY, FEBRUARY 17, 2009 279 Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Unterman Weber Wiles Not answering were Senators: Harbison Shafer Rogers (Excused) Thompson, S. (Excused) Seabaugh (Excused) Williams (Presiding) Senator Shafer was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag. Senator Staton of the 18th introduced the chaplain of the day, Reverend Andy Cook of Warner Robins, Georgia, who offered scripture reading and prayer. The President assumed the Chair. The President introduced United States Senator Johnny Isakson. Senator Isakson addressed the Senate briefly. Senator Johnson of the 1st introduced the doctor of the day, Dr. Pam Gallup. The following resolution was read and adopted: SR 299. By Senator Bulloch of the 11th: A RESOLUTION commending the Future Farmers of America and recognizing February 17, 2009, as Future Farmers of America Day at the state capitol and February 21 through 28, 2009, as Future Farmers of America Week; and for other purposes. Senator Bulloch of the 11th recognized the Future Farmers of America, commended by SR 299. Future Farmers of America President Colton Farrow addressed the Senate briefly. 280 JOURNAL OF THE SENATE Senator Cowsert of the 46th asked unanimous consent that the following bill be withdrawn from the Senate Special Judiciary Committee and committed to the Senate Economic Development Committee: SB 101. By Senators Cowsert of the 46th, Pearson of the 51st, Heath of the 31st, Hill of the 32nd and Wiles of the 37th: 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 for certain drug and medical device manufacturers and sellers under certain circumstances; to provide for definitions; to provide for exceptions; to provide for the supplementary nature of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 101 was committed to the Senate Economic Development Committee. 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 233. By Representative Lindsey of the 54th: 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. The following resolutions were read and adopted: SR 284. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Catherine Lee; and for other purposes. SR 285. By Senators Mullis of the 53rd, Pearson of the 51st, Douglas of the 17th and Thomas of the 54th: A RESOLUTION recognizing and commending Major Shannon Michael McConnell; and for other purposes. TUESDAY, FEBRUARY 17, 2009 281 SR 286. By Senators Douglas of the 17th, Buckner of the 44th and Jones of the 10th: A RESOLUTION recognizing February 25, 2009, as Henry County Day at the state capitol; and for other purposes. SR 287. By Senators Butler of the 55th, Tarver of the 22nd and Powell of the 23rd: A RESOLUTION recognizing and commending Mr. Grover Tuten; and for other purposes. SR 288. By Senators Butler of the 55th, Murphy of the 27th and Rogers of the 21st: A RESOLUTION recognizing and commending Cherokee County as the 2007 Child Fatality Review Panel of the Year; and for other purposes. SR 289. By Senators Butler of the 55th, Mullis of the 53rd and Thomas of the 54th: A RESOLUTION recognizing and commending Mr. James Harris; and for other purposes. SR 290. By Senators Douglas of the 17th, Williams of the 19th, Shafer of the 48th, Mullis of the 53rd, Pearson of the 51st and others: A RESOLUTION recognizing March 5, 2009, as Atlanta Motor Speedway Day at the state capitol; and for other purposes. SR 292. By Senator Jackson of the 2nd: A RESOLUTION recognizing February 12, 2009, as "African American Business Enterprise Day" at the State Capitol; and for other purposes. SR 293. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Georgia's sustainable and environmentally friendly businesses and declaring February 12, 2009, as Sustainable Business Day at the state capitol; and for other purposes. SR 296. By Senators Mullis of the 53rd, Pearson of the 51st, Smith of the 52nd, Williams of the 19th, Rogers of the 21st and others: A RESOLUTION recognizing and commending Project Synergy; and for other purposes. 282 JOURNAL OF THE SENATE SR 297. By Senators Tolleson of the 20th, Stoner of the 6th, Hooks of the 14th, Adelman of the 42nd, Henson of the 41st and others: A RESOLUTION commemorating the Keep Georgia Beautiful program and its 76 local affiliates who serve 75 percent of the population of the State of Georgia; and for other purposes. SR 298. By Senator Bulloch of the 11th: A RESOLUTION congratulating the Cairo High School Syrupmaker football team on winning the 2008 Class AAA State Championship; and for other purposes. Senator Tolleson of the 20th recognized the Georgia Peach Festival and the 2009 Georgia Peach Queens, commended by SR 144, adopted previously. The following House legislation was read the first time and referred to committee: HB 233. By Representative Lindsey of the 54th: 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. Senator Chance of the 16th 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 17, 2009 Nineteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 114 Douglas of the 17th TOWN OF NEWBORN A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Newborn, approved June 3, 2003 (Ga. L. TUESDAY, FEBRUARY 17, 2009 283 2003, p. 4397), so as to change the terms of office of the members of the town council from concurrent to staggered terms of office; to provide for continuation in office of certain current councilmembers; to provide for election and terms of office of subsequent councilmembers; to clarify certain requirements regarding the election of the mayor and members of the town council; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. 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 Buckner Y Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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. Tommie Williams, President Pro Tempore, assumed the Chair. 284 JOURNAL OF THE SENATE SENATE RULES CALENDAR TUESDAY, FEBRUARY 17, 2009 NINETEENTH LEGISLATIVE DAY SB 4 Constables/Marshals; notify protected persons upon the service of certain protective orders (PUB SAF-55th) SB 58 Local Government; newly created municipalities; change certain provisions (SLGO(G)-40th) SB 62 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties (I&L-47th) 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 4. By Senators Butler of the 55th, Orrock of the 36th, Seay of the 34th, Reed of the 35th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 15-10-102 of the Official Code of Georgia Annotated, relating to the powers and duties of constables, so as to require constables and marshals to notify protected persons upon the service of certain protective orders; to amend Code Section 15-16-17, relating to the service and execution of processes from justices' courts, so as to require sheriffs to notify protected persons upon the service of certain protective orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Butler of the 55th offered the following amendment #1: Amend SB 4 by on line 2 delete "constables and" and on line 22 remove the word "constables or" and "constable or" after the word "such" Line 25 remove the word "constable or" after the word "the" On the adoption of the amendment, there were no objections, and the Butler amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. TUESDAY, FEBRUARY 17, 2009 285 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 0. SB 4, having received the requisite constitutional majority, was passed as amended. 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 Joint Legislative Ethics Economic Development The State Senate Atlanta, Georgia 30334 February 17, 2009 Please record my vote for Senate Bill 4 as a positive vote. /s/ Seth Harp District 29 286 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Pearson of the 51st Tolleson of the 20th SB 58. By Senator Weber of the 40th: 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 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 provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, 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 N Buckner Y Bulloch N Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Goggans N Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock E Pearson N Powell N Ramsey N Reed Y Rogers E Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas Y Thompson,C N Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 32, nays 16. TUESDAY, FEBRUARY 17, 2009 287 SB 58, having received the requisite constitutional majority, was passed. SB 62. By Senators Hudgens of the 47th, Hawkins of the 49th and Butterworth of the 50th: 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 penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senators Butterworth of the 50th and Hudgens of the 47th offered the following amendment #1: Amend SB 62 by striking "2010" on line 191 replacing with "2011". On the adoption of the amendment, there were no objections, and the Butterworth, Hudgens 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 Buckner Y Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby 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 Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) 288 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 0. SB 62, having received the requisite constitutional majority, was passed as amended. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, February 18, 2009. The motion prevailed, and Tommie Williams, President Pro Tempore, announced the Senate adjourned at 11:41 a.m. WEDNESDAY, FEBRUARY 18, 2009 289 Senate Chamber, Atlanta, Georgia Wednesday, February 18, 2009 Twentieth 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 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 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 190. By Representatives Benton of the 31st and Meadows of the 5th: 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 clarify provisions relative to a death benefit for certain members of such retirement system; to provide for the authority to increase liability contribution rates for certain members; to repeal conflicting laws; and for other purposes. HB 217. By Representatives Pruett of the 144th, Channell of the 116th, Carter of the 159th, Cooper of the 41st, Stephens of the 164th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the use of 290 JOURNAL OF THE SENATE HB 294. HB 320. HB 326. influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Parrish of the 156th, Hembree of the 67th, Nix of the 69th, Epps of the 128th, Knight of the 126th 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 require legislative approval for the creation, consolidation, suspension, or discontinuation of a technical college or institution under the State Board of Technical and Adult Education; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Pruett of the 144th, Sellier of the 136th, Harden of the 28th, Hembree of the 67th and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 47-2-318 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia of officers and employees of the Georgia Environmental Facilities Authority, creditable service, and contributions, so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representatives Lane of the 158th, Knight of the 126th, Williams of the 165th, Burns of the 157th, Dobbs of the 53rd and others: 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 change certain provisions relating to effective periods of hunting, fishing, and trapping licenses generally; to amend an Act to amend Title 27 of the O.C.G.A., approved March 10, 1992 (Ga. L. 1992, page 470), so as to delete certain provisions relating to reduction of game and fish license, permit, tag, and stamp fees; to amend an Act to WEDNESDAY, FEBRUARY 18, 2009 291 amend Title 27 of the O.C.G.A., approved June 3, 2003 (Ga. L. 2003, page 654), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to amend an Act to amend Article 1 of Chapter 2 of Title 27 of the O.C.G.A., approved May 5, 2005 (Ga. L. 2005, page 517), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and 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 166. By Senators Pearson of the 51st, Tolleson of the 20th, Rogers of the 21st and Williams of the 19th: 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 change certain provisions relating to terms of leases of subdivided lots on Jekyll Island and assignment, preservation, continuance, and survival of rights and privileges; to provide for lease amounts; 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. SB 167. By Senators Stoner of the 6th, Mullis of the 53rd, Thompson of the 5th, Chance of the 16th, Golden of the 8th 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 levy of motor fuel excise tax, so as to exempt public school systems from motor fuel excise taxes under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. 292 JOURNAL OF THE SENATE SB 169. By Senators Hudgens of the 47th, Williams of the 19th, Rogers of the 21st, Thomas of the 54th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to provide for a short title; to provide for definitions; to provide that it shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm; to provide for standards for physicians and facilities performing in vitro fertilizations; to provide for judicial standards; 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 170. By Senators Adelman of the 42nd, Shafer of the 48th, Johnson of the 1st, Rogers of the 21st, Reed of the 35th 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 for state purchasing, so as to provide legislative findings; to provide definitions; to prohibit certain companies that have certain business operations in Sudan to bid on or submit a proposal for a state contract; to provide for exceptions; to provide for certain certifications; to provide penalties for false certifications; to provide for periodic reviews; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 171. By Senators Adelman of the 42nd, Shafer of the 48th, Johnson of the 1st, Rogers of the 21st, Reed of the 35th 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 an exception; 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 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 provide conditions for an WEDNESDAY, FEBRUARY 18, 2009 293 effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 172. By Senators Hamrick of the 30th and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for recovery for serious mental and emotional trauma; to update legislative intent; to change definitions and provide for a new definition; to change provisions related to filing of claims; to change provisions relating to investigations; to revise the characteristics of persons eligible for awards; to change provisions relating to the board's required findings and effective dates for certain for awards; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 173. By Senators Hamrick of the 30th and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change provisions relating to councilmembers' compensation and reimbursement of expenses; to enlarge the council's functions and authority; to change provisions relating to receipts of certain funds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 174. By Senators Hamrick of the 30th and Murphy of the 27th: 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 of the person who committed the crime; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 175. By Senators Fort of the 39th, Tate of the 38th, Butler of the 55th, Orrock of the 36th, Jones of the 10th and others: 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, 294 JOURNAL OF THE SENATE so as to provide for a moratorium on the administration of a death sentence; to provide a statement of legislative findings; to provide for conflicts and construction; to provide for applicability; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 300. By Senators Goggans of the 7th, Cowsert of the 46th and Thomas of the 54th: A RESOLUTION urging and requesting the Department of Community Health to work in conjunction with state-wide medical organizations representing pediatric physicians to obtain or prepare and disseminate written materials, at appropriate literacy levels, containing information about the possible complications, proper care, and support for pre-term infants; and for other purposes. Referred to the Health and Human Services Committee. SR 304. By Senators Pearson of the 51st, Murphy of the 27th, Moody of the 56th, Heath of the 31st, Shafer of the 48th and others: A RESOLUTION urging the United States Fish and Wildlife Service to conduct further scientific study in the Etowah River Basin, to perform the mandatory five-year review of all federally listed species, and to develop an Environmental Impact Statement before further review of the Etowah Aquatic Habitat Conservation Plan; 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 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. WEDNESDAY, FEBRUARY 18, 2009 295 HB 190. By Representatives Benton of the 31st and Meadows of the 5th: 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 clarify provisions relative to a death benefit for certain members of such retirement system; to provide for the authority to increase liability contribution rates for certain members; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 217. By Representatives Pruett of the 144th, Channell of the 116th, Carter of the 159th, Cooper of the 41st, Stephens of the 164th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 294. By Representatives Parrish of the 156th, Hembree of the 67th, Nix of the 69th, Epps of the 128th, Knight of the 126th 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 require legislative approval for the creation, consolidation, suspension, or discontinuation of a technical college or institution under the State Board of Technical and Adult Education; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 320. By Representatives Pruett of the 144th, Sellier of the 136th, Harden of the 28th, Hembree of the 67th and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 47-2-318 of the Official Code of Georgia Annotated, relating to membership in the Employees' 296 JOURNAL OF THE SENATE Retirement System of Georgia of officers and employees of the Georgia Environmental Facilities Authority, creditable service, and contributions, so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 326. By Representatives Lane of the 158th, Knight of the 126th, Williams of the 165th, Burns of the 157th, Dobbs of the 53rd and others: 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 change certain provisions relating to effective periods of hunting, fishing, and trapping licenses generally; to amend an Act to amend Title 27 of the O.C.G.A., approved March 10, 1992 (Ga. L. 1992, page 470), so as to delete certain provisions relating to reduction of game and fish license, permit, tag, and stamp fees; to amend an Act to amend Title 27 of the O.C.G.A., approved June 3, 2003 (Ga. L. 2003, page 654), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to amend an Act to amend Article 1 of Chapter 2 of Title 27 of the O.C.G.A., approved May 5, 2005 (Ga. L. 2005, page 517), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. The following committee reports were read by the Secretary: Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 80 SB 94 SB 95 Do Pass Do Pass Do Pass SB 105 Do Pass SB 123 Do Pass Respectfully submitted, Senator Hudgens of the 47th District, Chairman WEDNESDAY, FEBRUARY 18, 2009 297 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 52 SB 53 Do Pass by substitute Do Pass by substitute 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 265 Do Pass SB 66 Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman Mr. President: The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 178 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: SB 164 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman 298 JOURNAL OF THE SENATE 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 89 Do Pass by substitute Respectfully submitted, Senator Adelman of the 42nd District, Chairman The following legislation was read the second time: SB 17 SB 79 SB 86 SB 100 SB 117 SB 133 SR 12 SR 49 SR 184 SR 257 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 Buckner Bulloch Butler Butterworth Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Chance Fort Thompson, S. (Excused) WEDNESDAY, FEBRUARY 18, 2009 299 The members pledged allegiance to the flag. Senator Seay of the 34th introduced the chaplain of the day, Bishop Dianne Reed Collins of College Park, Georgia, who offered scripture reading and prayer. Senator Hooks of the 14th recognized Congressman Sanford Bishop. Congressman Bishop addressed the Senate briefly. Senator Wiles of the 37th introduced the doctor of the day, Dr. Nancy Cook. Senator Hawkins of the 49th recognized February 18, 2009, as Pharmacy Day at the state capitol and commended the Georgia Pharmacy Association, commended by SR 29, adopted previously. Senator Adelman of the 42nd recognized February 18, 2009, as Lupus Awareness Day at the state capitol, commended by SR 262, adopted previously. Kim Scofield addressed the Senate briefly. Senator Douglas of the 17th recognized Cadet Captain Earl Porter III, commended by SR 18, adopted previously. Cadet Captain Earl Porter III addressed the Senate briefly. Senator Douglas of the 17th recognized Cadet Kevin H. Bernhardt, commended by SR 17, adopted previously. Cadet Kevin H. Bernhardt addressed the Senate briefly. Senator Bulloch of the 11th recognized the Cairo High School Syrupmaker football team on winning the 2008 Class AAA State Championship, commended by SR 298, adopted previously. The following resolutions were read and adopted: SR 301. By Senator Butler of the 55th: A RESOLUTION recognizing and commending the Leadership DeKalb Class of 2009 and honoring Executive Director Sara A. Fountain; and for other purposes. SR 302. By Senators Hamrick of the 30th and Murphy of the 27th: A RESOLUTION recognizing February 19, 2009, as Victim-Witness Advocate Day in Georgia; and for other purposes. SR 303. By Senators Henson of the 41st, Fort of the 39th, Tate of the 38th and Reed of the 35th: A RESOLUTION commending the Leadership Atlanta Class of 2009; and for other purposes. 300 JOURNAL OF THE SENATE SR 305. By Senators Tate of the 38th, Brown of the 26th, Reed of the 35th, Sims of the 12th, Jones of the 10th and others: A RESOLUTION recognizing Alpha Kappa Alpha Day at the capitol on February 16, 2009; and for other purposes. SR 306. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Roderick Hood; and for other purposes. SR 307. By Senators Mullis of the 53rd, Thomas of the 54th and Shafer of the 48th: A RESOLUTION recognizing and commending Dr. Zeb L. Burrell, Jr., M.D.; and for other purposes. SR 308. By Senators Mullis of the 53rd, Thomas of the 54th and Shafer of the 48th: A RESOLUTION recognizing and commending Dr. Charles B. Gillespie, M.D.; and for other purposes. SR 309. By Senator Smith of the 52nd: A RESOLUTION recognizing and commending Ms. Martha Bryant on the occasion of her retirement; and for other purposes. SR 310. By Senators Hamrick of the 30th, Mullis of the 53rd, Staton of the 18th, Rogers of the 21st, Goggans of the 7th and others: A RESOLUTION recognizing and commending Georgia's Internet Crimes Against Children Task Force; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday February 18, 2009 Twentieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) WEDNESDAY, FEBRUARY 18, 2009 301 SB 66 Harp of the 29th MERIWETHER COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Meriwether County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, so as to stagger the terms which members of the board are elected; to provide that members in office shall continue to serve for the remainder of their terms; to change vacancy provisions; to provide for related matters; to provide for 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 265 Tolleson of the 20th TOWN OF RHINE A BILL to be entitled an Act to provide a new charter for the Town of Rhine; to change the name "Town of Rhine" to "City of Rhine"; 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 or vice mayor and certain duties, powers, and other matters relative thereto; to provide for 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson,L Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner 302 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jackson,W Y Johnson Y Jones Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Tarver Y Tate Y Thomas Y Thompson,C E 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. SB 26 SB 38 SB 55 SB 72 SB 80 SB 110 SB 111 SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 18, 2009 TWENTIETH LEGISLATIVE DAY Firefighters; limit the disclosure of certain private information (Substitute)(PUB SAF-48th) Health; authorize Board for the Distribution of Cadavers to provide use of dead bodies in training/handling of police canine (PUB SAF-29th) Ad Valorem Taxation; change factors to be considered in determining fair market value of real property (Substitute)(FIN-51st) Natural Resources Board; rules and regulations; watercraft; penalty of violations; change certain provisions (NR&E-31st) Food Standards, Labeling/Adulteration; requirements for testing of samples/specimens of food; prohibited acts; change certain prov. (Substitute)(AG&CA-11th) Wildlife; prohibition against trapping wildlife upon the rights of way of public roads/highways; provide exception (NR&E-11th) Wildlife; restrictions on hunting certain animals with lights (NR&E-11th) WEDNESDAY, FEBRUARY 18, 2009 303 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 26. By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information 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 26: A BILL TO BE ENTITLED AN ACT To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, is amended by revising paragraph (13) of subsection (a) as follows: "(13) Records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue, law enforcement officers, firefighters as defined in Code Section 25-4-2, judges, emergency medical technicians and paramedics, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors or identification of immediate family members or dependents thereof;" 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. 304 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 55, nays 0. SB 26, having received the requisite constitutional majority, was passed by substitute. Senator Harp of the 29th asked unanimous consent to drop SB 38 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 38 was placed at the foot of the Rules Calendar. Senator Balfour of the 9th recognized Kimberly Gittings, Miss Georgia USA 2009. Kimberly Gittings addressed the Senate briefly. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Brown of the 26th Hamrick of the 30th Harbison of the 15th The Calendar was resumed. WEDNESDAY, FEBRUARY 18, 2009 305 SB 55. By Senators Pearson of the 51st, Rogers of the 21st, Shafer of the 48th and Williams of the 19th: A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the factors to be considered in determining fair market value of real property; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 55: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the factors to be considered in determining fair market value of real property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, is amended by revising subparagraph (B) of paragraph (3) as follows: "(B) The tax assessor shall consider the following criteria in determining the fair market value of real property: (i) Existing zoning of property; (ii) Existing use of property, including any restrictions or limitations on the use of property resulting from state or federal law or rules or regulations adopted pursuant to the authority of state or federal law; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; and (iv) Foreclosure or bank owned sales of comparable real property; (v) The net taxable value declared for tax purposes on the real estate transfer tax declaration of comparable real property; (vi) Decreased value of the property based on limitations and restrictions resulting from the property being in a conservation easement; and (iv)(v) Any other factors deemed pertinent in arriving at fair market value." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 306 JOURNAL OF THE SENATE Senators Murphy of the 27th and Pearson of the 51st offered the following amendment #1 to the committee substitute: Amend the committee substitute to SB 55 by replacing line 18 with the following: (iv) Foreclosure or bank or other financial institution owned sales of comparable real property; On the adoption of the amendment, there were no objections, and the Murphy, Pearson amendment #1 to the committee substitute was adopted. Senators Wiles of the 37th and Pearson of the 51st offered the following amendment #2 to the committee substitute: Amend the Committee Substitute to SB 55 by changing on line 23 (v) to (vii) On the adoption of the amendment, there were no objections, and the Wiles, Pearson 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 E Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber WEDNESDAY, FEBRUARY 18, 2009 307 E Hamrick E Harbison Y Harp Y Powell Y Ramsey N Reed Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 6. SB 55, having received the requisite constitutional majority, was passed by substitute. Senator Reed of the 35th was excused for business outside the Senate Chamber. SB 72. By Senators Heath of the 31st, Jackson of the 24th, Tolleson of the 20th, Butterworth of the 50th and Douglas of the 17th: A BILL to be entitled an Act to provide dates certain for purposes of establishing criminal violations of rules and regulations relating to matters under the jurisdiction of the Wildlife Resources Division of the Department of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., 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 amend Chapter 7 of Title 52 of the O.C.G.A., relating to registration, operation, and sale of watercraft, so as to change certain provisions relating to penalty for violations relative to registration, operation, and sale of watercraft generally; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Thompson,C Y Thompson,S 308 JOURNAL OF THE SENATE Y Goggans Y Golden Y Grant E Hamrick E Harbison Y Harp Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 1. SB 72, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Bill Jackson District 24 319-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Economic Development Natural Resources and the Environment Transportation Education and Youth Veterans, Military and Homeland Security Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 The State Senate Atlanta, Georgia 30334 February 18, 2009 Dear Bob: I, Senator Bill Jackson, request to be counted voting "yea" on Senate Bill 72. Thank you, /s/ Bill Jackson Senate District 24 SB 80. By Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Tolleson of the 20th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding WEDNESDAY, FEBRUARY 18, 2009 309 of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 80: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food processing plants for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, is amended in Code Section 26-2-22, relating to prohibited acts, by adding a new paragraph to read as follows: "(5.1) The failure to comply with testing, reporting, or record-keeping requirements provided by or pursuant to Code Section 26-2-27.1;" SECTION 2. Said article is further amended by adding a new Code section to read as follows: "26-2-27.1. (a) As used in this Code section, the term 'food processing plant' means a commercial operation that manufactures food for human consumption and does not provide food directly to a consumer. (b)(1) In order to protect the public health, safety, and welfare and ensure compliance with this article, the Commissioner shall by rule or regulation establish requirements 310 JOURNAL OF THE SENATE for regular testing of samples or specimens of foods and ingredients by food processing plants for the presence of poisonous or deleterious substances or other contaminants rendering such foods or ingredients injurious to health. Such rules or regulations shall identify the specific classes or types of food processing plants, foods, ingredients, and poisonous or deleterious substances or other contaminants that shall be subject to such testing requirements and the frequency with which such tests shall be performed by food processing plants. (2) In addition to any regular tests required pursuant to paragraph (1) of this subsection, the Commissioner may order any food processing plant to have samples or specimens of its foods and ingredients tested for the presence of any poisonous or deleterious substances or other contaminants whenever in his or her determination there are reasonable grounds to suspect that such foods or ingredients may be injurious to health. (c) Any test required pursuant to this Code section shall be performed by qualified personnel at a laboratory approved by the department. (d) A food processing plant shall be responsible for the cost of any testing required pursuant to this Code section. (e) Whenever any person or firm that operates a food processing plant in this state obtains information from testing of samples or specimens of foods or ingredients which indicates the presence of a substance that would cause a manufactured food bearing or containing the same to be adulterated within the meaning of paragraph (1) of Code Section 26-2-26, such person or firm shall report such test result to the department within 24 hours after obtaining such information. (f) Records of the results of any tests required pursuant to this Code section shall be kept by a food processing plant and made available to the department for inspection for a period of not less than two years from the date the results were reported by the laboratory. (g) This Code section shall not apply to any food processing plant operating under a federal grant of inspection from the United States Department of Agriculture Food Safety and Inspection Service." SECTION 3. Said article is further amended by revising Code Section 26-2-36, relating to right of entry in food establishments and transport vehicles and examination of samples obtained, as follows: "26-2-36. (a) The Commissioner or his duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce and any vehicle being used to transport or hold such foods to commerce for the purposes: (1) Of inspecting such factory, warehouse, establishment, or vehicle, and any records of testing of samples or specimens of foods or ingredients for the presence of poisonous or deleterious substances or other contaminants and the results thereof as WEDNESDAY, FEBRUARY 18, 2009 311 may be required pursuant to Code Section 26-2-27.1, to determine if any of the provisions of this article are being violated; and (2) Of securing samples or specimens of any food, after paying or offering to pay for such sample. (b) It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under subsection (a) of this Code section to determine whether or not this article is being violated." 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 Bulloch of the 11th offered the following amendment #1 to the committee substitute: Amend the Senate Agriculture and Consumer Affairs Committee substitute to SB 80 (LC 25 5490S) by replacing line 31 with the following: processing plants. If an operator of a food processing plant submits to the Commissioner a written food safety plan, such as a hazard analysis critical control point plan, that documents and describes the procedures used at such plant to prevent the presence of hazards such as poisonous or deleterious substances or other contaminants that would render finished foods or finished ingredients as manufactured at such plant injurious to health, including preventive controls, monitoring to ensure the effectiveness of such controls, and records of corrective actions, including actions taken in response to the presence of known hazards, and if upon review such plan is acceptable to the Commissioner, then such food processing plant may comply with the requirements of such food safety plan, including but not limited to any test regimen provided by such plan, in lieu of complying with a test regimen established by rules or regulations promulgated by the Commissioner pursuant to this paragraph. By replacing line 42 with the following: information from testing of samples or specimens of finished foods or finished food ingredients as manufactured at such food processing plant which, based on a confirmed positive test result, indicates On the adoption of the amendment, there were no objections, and the 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. 312 JOURNAL OF THE SENATE 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 50, nays 0. SB 80, 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 Assignments The State Senate Atlanta, Georgia 30334 WEDNESDAY, FEBRUARY 18, 2009 313 February 18, 2009 Mr. Robert Ewing Secretary of the Senate State Capitol, Room 353 Atlanta, Georgia 30334 Dear Bob: My machine malfunctioned and failed to record my vote in favor of Senate Bill 80. Please let the record reflect that I voted yes. Very truly yours, /s/ David Shafer State Senator, District 48 SB 110. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 27-3-63 of the Official Code of Georgia Annotated, relating to general offenses and penalties relative to trapping, trappers, and fur dealers, so as to provide an exception to a prohibition against trapping wildlife upon the rights of way of public roads or highways; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S 314 JOURNAL OF THE SENATE Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 51, nays 0. SB 110, having received the requisite constitutional majority, was passed. SB 111. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide for restrictions on hunting certain animals with lights; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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. WEDNESDAY, FEBRUARY 18, 2009 315 SB 111, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Jim Butterworth District 50 325-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Retirement Veterans, Military and Homeland Security State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 February 18, 2009 Robert F. Ewing Secretary of the Senate Room 353, State Capitol Atlanta, GA 30334 Dear Mr. Secretary: Effective immediately, I hereby request that you remove my name from SB 155. I appreciate your assistance in this matter. Respectfully yours, /s/ Jim Butterworth Senator, 50th District Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, February 19, 2009. The motion prevailed, and Senator Tommie Williams, President Pro Tempore announced the Senate adjourned at 12:16 p.m. 316 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 19, 2009 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 185. By Representatives Willard of the 49th, Ralston of the 7th, Golick of the 34th and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers, so as to revise the courts to which a challenge of a quarantine or vaccination order may be brought; to revise the manner of appealing orders concerning such challenges; to remove the Chief Judge of the Court of Appeals from the definition of authorized judicial officials; to extend the duration of a judicial emergency order when a public health emergency exists; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 237. By Representatives Lindsey of the 54th and Peake of the 137th: A BILL to be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children, so as to revise a provision relating to financial assistance for adoptive parents; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 19, 2009 317 HB 301. HB 366. HB 373. HB 378. HB 383. By Representatives Hembree of the 67th and Dempsey of the 13th: 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 State Board of Technical and Adult Education to the State Board of the Technical College System of Georgia; to amend various provisions of the Official Code of Georgia Annotated to change references to reflect such name change; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating and establishing the Metter-Candler County Airport Authority, approved March 25, 1986 (Ga. L. 1986, p. 4638), as amended, so as to modify provisions relating to minimum meeting requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hamilton of the 23rd, Amerson of the 9th and Knox of the 24th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Forsyth County, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, so as to provide for the election of the members of the board of education by district; to provide 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. By Representatives Hamilton of the 23rd, Amerson of the 9th and Knox of the 24th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4924), so as to provide that members of the board of commissioners shall be elected by the voters of their respective districts; to provide 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. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th: A BILL to be entitled an Act to create a board of elections and registration for Bulloch County and provide for its powers and duties; to provide for the 318 JOURNAL OF THE SENATE composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 384. By Representatives Benton of the 31st and Harden of the 28th: A BILL to be entitled an Act to amend an Act revising, consolidating, and amending the several Acts incorporating the Town of Maysville, approved May 18, 2007 (Ga. L. 2007, p. 3995), so as to change the terms of office of two councilmembers; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 386. By Representative Williams of the 178th: A BILL to be entitled an Act to create a board of elections and registration for Pierce 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 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 393. By Representative Horne of the 71st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Senoia, approved April 19, 2000 (Ga. L. 2000, p. 3806), so as to increase the municipal terms of office; to provide that elections for certain municipal offices shall take place in odd-numbered years; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: THURSDAY, FEBRUARY 19, 2009 319 HR 366. By Representatives Amerson of the 9th, Yates of the 73rd, Williams of the 4th, Burkhalter of the 50th and Hembree of the 67th: A RESOLUTION commending the Organization for Military Education in Georgia (OMEGA); and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 176. By Senators Heath of the 31st and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to provide that on and after July 1, 2010, any increase in the actuarial accrued unfunded liability to a public retirement system which occurs as a result of the enactment of legislation shall be fully funded in the year in which such legislation becomes effective; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 177. By Senators Heath of the 31st and Murphy of the 27th: 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 appellate court judges who become members of the Employees' Retirement System of Georgia, persons who become members of the Georgia Legislative Retirement System, and persons who become members of the Georgia Judicial Retirement System on or after July 1, 2009, shall not be entitled to certain group term life insurance benefits; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, 320 JOURNAL OF THE SENATE exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 179. By Senators Jackson of the 24th, Thomas of the 54th, Tarver of the 22nd, Murphy of the 27th, Staton of the 18th and others: A BILL to be entitled an Act 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 add a definition; to revise certain provisions relating to funding priorities of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 180. By Senators Cowsert of the 46th, Murphy of the 27th, Goggans of the 7th, Fort of the 39th and Chapman of the 3rd: A BILL to be entitled an Act to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to the issuance of limited driving permits for certain offenders, so as to allow the issuance of a limited driving permit to a person convicted of driving under the influence subject to certain conditions; 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 181. By Senator Cowsert of the 46th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, to change the Board of Trustees to the Georgia Judicial Retirement System as appropriate; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 182. 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 revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for additional continuation plan options; to change the age for THURSDAY, FEBRUARY 19, 2009 321 continuation coverage under certain group accident and sickness insurance plans from 60 to 55; to provide for the coverage of dependents under group and individual accident and sickness policies up to and including 25 years of age if such dependent is a dependent for state income tax purposes for such policyholder or group member; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 327. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Wiles of the 37th, Mullis of the 53rd and others: A RESOLUTION affirming states' rights based on Jeffersonian principles; and for other purposes. Referred to the Rules Committee. SR 328. By Senators Mullis of the 53rd, Unterman of the 45th, Jackson of the 24th, Heath of the 31st, Shafer of the 48th and others: A RESOLUTION urging the Georgia Senate to acknowledge a paramount right to life and the need for the protection of innocent human life at every stage of life; and for other purposes. Referred to the Health and Human Services Committee. SR 331. By Senators Hill of the 32nd and Thomas of the 54th: A RESOLUTION creating the Joint Study Committee on Health Care Transformation; and for other purposes. Referred to the Health and Human Services Committee. The following House legislation was read the first time and referred to committee: HB 185. By Representatives Willard of the 49th, Ralston of the 7th, Golick of the 34th and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers, so as to revise the courts to which a challenge of a quarantine or vaccination order may be brought; to revise the manner of appealing orders concerning such challenges; to remove the Chief Judge of the Court of Appeals from the 322 JOURNAL OF THE SENATE definition of authorized judicial officials; to extend the duration of a judicial emergency order when a public health emergency exists; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 237. By Representatives Lindsey of the 54th and Peake of the 137th: A BILL to be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children, so as to revise a provision relating to financial assistance for adoptive parents; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 301. By Representatives Hembree of the 67th and Dempsey of the 13th: 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 State Board of Technical and Adult Education to the State Board of the Technical College System of Georgia; to amend various provisions of the Official Code of Georgia Annotated to change references to reflect such name change; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 366. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating and establishing the Metter-Candler County Airport Authority, approved March 25, 1986 (Ga. L. 1986, p. 4638), as amended, so as to modify provisions relating to minimum meeting requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 373. By Representatives Hamilton of the 23rd, Amerson of the 9th and Knox of the 24th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Forsyth County, approved March 24, 1992 (Ga. L. 1992, p. THURSDAY, FEBRUARY 19, 2009 323 5052), as amended, so as to provide for the election of the members of the board of education by district; to provide 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 378. By Representatives Hamilton of the 23rd, Amerson of the 9th and Knox of the 24th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4924), so as to provide that members of the board of commissioners shall be elected by the voters of their respective districts; to provide 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 383. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th: A BILL to be entitled an Act to create a board of elections and registration for Bulloch County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 384. By Representatives Benton of the 31st and Harden of the 28th: A BILL to be entitled an Act to amend an Act revising, consolidating, and amending the several Acts incorporating the Town of Maysville, approved May 18, 2007 (Ga. L. 2007, p. 3995), so as to change the terms of office of two 324 JOURNAL OF THE SENATE councilmembers; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 386. By Representative Williams of the 178th: A BILL to be entitled an Act to create a board of elections and registration for Pierce 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 submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 393. By Representative Horne of the 71st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Senoia, approved April 19, 2000 (Ga. L. 2000, p. 3806), so as to increase the municipal terms of office; to provide that elections for certain municipal offices shall take place in odd-numbered years; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 152 Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman THURSDAY, FEBRUARY 19, 2009 325 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 84 SR 152 Do Pass by substitute 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 212 Do Pass SR 277 Do Pass Respectfully submitted, Senator Chance of the 16th 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 21 SB 124 Do Pass by substitute Do Pass Respectfully submitted, Senator Unterman of the 45th 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: SR 173 Do Pass Respectfully submitted, Senator Harp of the 29th District, Chairman 326 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 104 Do Pass by substitute SB 148 Do Pass by substitute SB 149 Do Pass SB 150 Do Pass 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: SB 22 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules committee to the Senate Transportation Committee from the General Calendar. Respectfully submitted, Senator Balfour of the 9th 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 136 Do Pass by substitute Respectfully submitted, Senator Douglas of the 17th District, Chairman The following legislation was read the second time: HB 80 SB 52 SB 53 SB 89 SB 94 SB 95 SB 105 SB 123 SB 164 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 Mullis of the 53rd asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. THURSDAY, FEBRUARY 19, 2009 327 The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Not answering were Senators: Fort (Excused) Williams (Excused) The members pledged allegiance to the flag. Senator Balfour of the 9th introduced the chaplain of the day, Pastor Buddy Hoffman of Snellville, Georgia, who offered scripture reading and prayer. Senator Moody of the 56th introduced the doctor of the day, Dr. Joseph Barnes. Senator Johnson of the 1st recognized Sheriff Al St. Lawrence, commended by SR 158, adopted previously. Sheriff Al St. Lawrence addressed the Senate briefly. Senator Johnson of the 1st recognized James Cecil Nobles, commended by SR 61, adopted previously. James Cecil Nobles addressed the Senate briefly. Senator Seay of the 34th recognized Reverend Dr. Cameron Madison Alexander, commended by SR 94, adopted previously. Reverend Dr. Cameron Madison Alexander addressed the Senate briefly. The following resolutions were read and adopted: 328 JOURNAL OF THE SENATE SR 311. By Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A RESOLUTION commending Rebecca Cassady, Sprayberry High School's 2009 STAR Student; and for other purposes. SR 312. By Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A RESOLUTION commending Casey Little, Kell High School's 2009 STAR Student; and for other purposes. SR 313. By Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A RESOLUTION commending Derek Ponticelli, Pope High School's 2009 STAR Student; and for other purposes. SR 314. By Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A RESOLUTION commending Miles Edwards, Lassiter High School's 2009 STAR Student; and for other purposes. SR 315. By Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A RESOLUTION commending Dixie Minor, Sprayberry High School's 2009 STAR Teacher; and for other purposes. SR 316. By Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A RESOLUTION commending Carol Doemel, Lassiter High School's 2009 STAR Teacher; and for other purposes. SR 317. By Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A RESOLUTION commending Melanie Salas, Kell High School's 2009 STAR Teacher; and for other purposes. SR 318. By Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A RESOLUTION commending Laura Speer, Pope High School's 2009 STAR Teacher; and for other purposes. SR 319. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION recognizing and commending Paul Winton Bohn; and for other purposes. THURSDAY, FEBRUARY 19, 2009 329 SR 320. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION recognizing and commending Vincent Paul Costa; and for other purposes. SR 321. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION recognizing and commending Charlie Matthew Brown; and for other purposes. SR 322. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending John Crowers, Etowah High School's 2009 STAR Teacher; and for other purposes. SR 323. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Zuzana Kocsis, Sequoyah High School's 2009 STAR Student; and for other purposes. SR 324. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Cameron Oswalt, Etowah High School's 2009 STAR Student; and for other purposes. SR 325. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Kit Miller, Sequoyah High School's 2009 STAR Teacher; and for other purposes. SR 326. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Christian David Maiocco; and for other purposes. SR 329. By Senators Johnson of the 1st, Williams of the 19th, Rogers of the 21st, Moody of the 56th and Seabaugh of the 28th: A RESOLUTION commending the Georgia Federation of Republican Women and recognizing March 4, 2009, as Red Coat Day at the state capitol; and for other purposes. 330 JOURNAL OF THE SENATE SR 330. By Senators Johnson of the 1st and Rogers of the 21st: A RESOLUTION recognizing and commending the Lilli Grace Memorial Foundation; and for other purposes. SR 332. By Senators Tolleson of the 20th, Hooks of the 14th, Williams of the 19th, Grant of the 25th, Pearson of the 51st and others: A RESOLUTION recognizing and commending the Georgia Department of Natural Resources Commissioner Noel Z. Holcomb on his retirement; and for other purposes. Senator Grant of the 25th recognized Mark Wilson on being named 2009 National Principal of the Year, commended by SR 99, adopted previously. Mark Wilson addressed the Senate briefly. The following resolution was read and adopted: HR 366. By Representatives Amerson of the 9th, Yates of the 73rd, Williams of the 4th, Burkhalter of the 50th and Hembree of the 67th: A RESOLUTION commending the Organization for Military Education in Georgia (OMEGA); and for other purposes. Senator Adelman of the 42nd recognized Casy Elyse Walker, Miss Cherokee County 2009, commended by SR 116, adopted previously. Casy Elyse Walker addressed the Senate briefly. Senator Mullis of the 53rd recognized February 19, 2009, as Emergency Medical Services Recognition Day, commended by SR 172, adopted previously. David Foster of the Walker County Fire Department addressed the Senate briefly. Senator Staton of the 18th commended the Georgia Rural Health Association and recognized February 19, 2009, as Rural Health Day at the state capitol, commended by SR 258, adopted previously. Mary Kate Pung addressed the Senate briefly. Senator Hamrick of the 30th recognized February 19, 2009, as Victim-Witness Advocate Day in Georgia, commended by SR 302, adopted previously. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Johnson of the 1st THURSDAY, FEBRUARY 19, 2009 331 SENATE RULES CALENDAR THURSDAY, FEBRUARY 19, 2009 TWENTY-FIRST LEGISLATIVE DAY SB 42 Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties (Substitute)(JUDY-52nd) SB 100 Retirement; change designation of Georgia Public Defender Standards Council to Georgia Public Defender Agency; conditions for effective date (JUDY-52nd) SB 30 Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms; change certain provisions (Substitute)(AG&CA-20th) 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 42. By Senators Smith of the 52nd, Wiles of the 37th, Hill of the 4th, Hamrick of the 30th and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, the "Georgia Indigent Defense Act of 2003," so as to extensively revise said Act; to reconstitute the Georgia Public Standards Council with new membership; to change the powers and duties of the council and provide that it shall be an advisory body; to provide for the Georgia Public Standards Agency as an agency of the state; to provide for its director and the powers and duties and operations of the agency and the director; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 42: A BILL TO BE ENTITLED AN ACT To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, the "Georgia Indigent Defense Act of 2003," so as to extensively revise said Act; to reconstitute the Georgia Public Standards Council with new membership; to change the 332 JOURNAL OF THE SENATE powers and duties of the council and provide that it shall be an advisory body; to provide for the Georgia Public Standards Agency as an agency of the state; to provide for its director and the powers and duties and operations of the agency and the director; to provide that the director shall have the control and management of the agency and shall exercise supervision with respect to circuit public defenders and carry out other duties formerly vested in the council; to provide for procedures for the removal of a circuit public defender from office; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, the 'Georgia Indigent Defense Act of 2003,' is amended by revising Code Sections 17-12-1 through 17-12-10.1, which Code sections relate to the Georgia Public Standards Council and its director and operations, as follows: "17-12-1. (a) This chapter shall be known and may be cited as the 'Georgia Indigent Defense Act of 2003.' (b) The Georgia Public Defender Standards Council shall be an independent agency advisory body within the executive branch of state government. (c) The Georgia Public Defender Agency shall be an independent agency within the executive branch of state government. The council agency shall be responsible for assuring 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. 17-12-2. As used in this chapter, the term: (0.5) 'Agency' means the Georgia Public Defender Agency under the direction of the director. (1) 'Assistant public defender' means an attorney who is employed by any circuit public defender. (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 Agency Standards Council. (6) 'Indigent person' or 'indigent defendant' means: (A) A person charged with a misdemeanor, violation of probation, or a municipal or THURSDAY, FEBRUARY 19, 2009 333 county offense punishable by imprisonment who earns less than 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; (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 parent's dependents; and (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, his or her dependents, or, in the case of a juvenile, his or her parents or the parent's 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 Agency. (8) 'Public defender' means an attorney who is employed in a circuit public defender office or who represents an indigent person pursuant to this chapter. 17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 15 members. (b) Upon the effective date of this Act, the council shall be reconstituted as a new advisory body with new members appointed in 2009. The members serving on the council immediately prior to the effective date of this Act shall cease to serve on that date, but such prior members shall be eligible for reappointment in 2009 to succeed themselves or to fill another position on the council. Ten members of the council shall be appointed as follows: (1) Two members shall be appointed by the Governor, and four members shall be appointed by the Lieutenant Governor, and 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 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 334 JOURNAL OF THE SENATE chosen so that each of the ten judicial administration districts in 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 in 2009: (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, one person who resides in judicial administration district 7, and one person who resides in judicial administration district 8; and (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;, 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 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, one person who resides in judicial administration district 9, and one person who resides in judicial administration district 10; and (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1, one person who resides in judicial administration district 2, 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: THURSDAY, FEBRUARY 19, 2009 335 (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 1, one person who resides in judicial administration district 2, one person who resides in judicial administration district 7, and one person who resides in judicial administration district 8; and (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3, one person who resides in judicial administration district 4, 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, 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 3, one person who resides in judicial administration district 4, 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;, 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 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, one person who resides in judicial administration district 5, and one 336 JOURNAL OF THE SENATE 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 3 and, one person who resides in judicial administration district 4;, 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 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 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 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, the effective date of this Act 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 initial appointments shall be made to become members of the council July 1, 2003 upon the effective date of this Act, 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), (2), and (3.1) of this subsection shall be filled by the appointing authority, and such appointee shall THURSDAY, FEBRUARY 19, 2009 337 serve the balance of the vacating member's 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 (e) of Code Section 17-12-20. (c) In making 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 this state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 1913-51, any employee of a prosecuting attorney's 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. 17-12-4. (a) The council agency: (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) May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and (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 director shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor shall be authorized and directed to make an annual audit of the transactions of the council agency and to make a complete report of the same to the General Assembly. The annual audit shall disclose all moneys received by the council agency and all expenditures made by the council agency 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 authority's 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 338 JOURNAL OF THE SENATE of the council agency at any time when requested to do so by a majority of the council the director or by the Governor or General Assembly. (c) The council agency may not provide compensation from its funds to any administrative or clerical personnel employed by the council agency if the personnel are then receiving retirement compensation from any retirement or pension fund created by Title 47 to provide compensation for past services as a judicial officer, prosecuting attorney, indigent defense attorney, court officer, or law enforcement officer except for county or municipal retirement funds. 17-12-5. (a) To be eligible for appointment as the director, a candidate shall be a member in good standing of the State Bar of Georgia with at least 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 Governor. (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 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 agency is authorized by law to perform or to exercise any power or authority which the council agency is authorized by law to exercise; and (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 agency, or otherwise necessary to perform any duties, responsibilities, or functions which the council agency is authorized by law to perform. or to exercise any power or authority which the council is authorized by law THURSDAY, FEBRUARY 19, 2009 339 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. (d) The director shall: (1) Prepare and submit to the council a proposed the budget for the council agency. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council agency and such other information as the council Governor 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 agency 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 agency; (5) At the director's discretion, solicit and accept on behalf of the council agency 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 agency 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 agency are not greater than the amounts budgeted or available from other revenue sources; (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; and (12) Evaluate each circuit public defender's job performance. and communicate his or her findings to the council; and (13) Perform other duties as the council may assign. 17-12-6. (a) The council agency shall assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include: (1) The preparation and distribution of a basic defense manual and other educational materials; (2) The preparation and distribution of model forms and documents employed in 340 JOURNAL OF THE SENATE indigent defense; (3) The promotion of and assistance in the training of indigent defense attorneys; (4) The provision of legal research assistance to public defenders; and (5) The provision of such other assistance to public defenders as may be authorized by law. (b) The council director: (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. 17-12-7. (a) All members of the council shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this chapter. (b) All members of the council shall be entitled to vote on any matter coming before the council unless otherwise provided by law or by rules adopted by the council concerning conflicts of interest. (c) Each member of the council shall serve until a successor has been appointed. Removal of council members shall be for cause and shall be in accordance with policies and procedures adopted by the council. (d) Unless otherwise provided in this article, a quorum shall be a majority of the members of the council who are then in office, and decisions of the council shall be by majority vote of the members present, except that a majority of the entire council must approve the appointment or removal of the chairperson or removal of a circuit public defender for cause pursuant to Code Section 17-12-20 and an alternative delivery system pursuant to Code Section 17-12-36 and other matters as set forth in Code Section 17-12-36. (e) The council shall meet at least quarterly and at such other times and places as it deems necessary or convenient for the performance of its duties. (f) The council shall elect a chairperson and such officers from the members of the council as it deems necessary and shall adopt such rules for the transaction of its business as it desires. The chairperson and officers shall serve for a term of two years and may be removed without cause by a vote of two-thirds of the members of the entire council and for cause by a majority vote of the entire council. The chairperson shall retain a vote on all matters except those in which the chairperson has a conflict of interest or the removal of the chairperson for cause. The council shall keep and maintain minutes of all council meetings. (g) The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council. Any expenses incurred by the council shall be paid from the general operating budget of the council agency. 17-12-8. (a) The council shall approve recommend the development and improvement of THURSDAY, FEBRUARY 19, 2009 341 programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement recommend programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. (c) All rules, regulations, policies, and standards that are promulgated recommended by the council and adopted, with or without changes, by the director shall be publicly available for review and shall be posted on the council's agency's website. Each rule, regulation, policy, and standard shall identify the date upon which such rule, regulation, policy, and standard took effect. 17-12-9. The council agency 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 agency, in accordance with such rules as it the director 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 agency. 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. The council director 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. 17-12-10. (a) The council director shall prepare annually a report of its the agency's 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 year's expenditures and 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 director shall 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 director shall prepare annually a report in order to provide the General Assembly and the Governor with information on the council's director's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized. 17-12-10.1. (a) There is created the Legislative Oversight Committee for the Georgia Public 342 JOURNAL OF THE SENATE Defender Agency 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 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 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 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: (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 agency; (4) Program evaluation reports and budget recommendations of the council agency; (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. (e) The council director shall submit its the agency's 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 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 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 THURSDAY, FEBRUARY 19, 2009 343 Senate. (h) The legislative oversight committee shall be authorized to request that a performance audit of the council agency be conducted." SECTION 2. Said chapter is further amended by revising Code Sections 17-12-12.1, relating to the capital defender division, and 17-12-13, relating to effective date, 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 defendant's 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 agency pursuant to a contractual agreement or at an hourly rate established by the council director with state funds appropriated to the council agency. State funds shall be appropriated to the council agency for use by the Georgia capital defender division for the first $150,000.00 paid for each death penalty case. Funding for attorney's 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 attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 25 percent of such attorney's fees and expenses. Funding for all attorney's 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 attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 50 percent of such attorney's fees and expenses. (c) The council agency, 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, attorney's 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. 17-12-13. Reserved. This article shall become effective on December 31, 2003, except as specified in Code Section 17-12-3." SECTION 3. Said chapter is further amended by revising subsections (b) through (e) of Code Section 17-12-20, relating to selection and removal of circuit public defenders, as follows: "(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 344 JOURNAL OF THE SENATE 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 director. (2) By majority vote of its membership, the circuit public defender 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 as provided in Code Section 17-12-20.1. (d) A circuit public defender supervisory panel may convene at any time during its circuit public defender's term of office and shall convene at least semiannually for purposes of reviewing the circuit public defender's 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 30 of each year concerning the circuit public defender supervisory panel's findings regarding the job performance of the circuit public defender and his or her office to the council director on a form provided to the panel by the council director. 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 director. 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 director within 15 days of the adoption of the resolution. The council shall initiate action on the circuit public defender supervisory panel's 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. (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 supervisory panel has appointed a replacement. The THURSDAY, FEBRUARY 19, 2009 345 circuit public defender 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 4. Said chapter is further amended by adding a new Code section to read as follows: "17-12-20.1. (a) Whenever the director determines that an investigation of a circuit public defender should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the circuit public defender to perform the functions of the office, the director shall notify the Governor. The Governor shall appoint two circuit public defenders and a member of the council who shall constitute a committee to conduct an investigation. The members of any such committee shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with the investigation from funds available to the agency. Any member of the committee shall be authorized to administer oaths to any witness before the committee. The committee shall make a report and recommendation to the Governor within 30 days from the date of the appointment of the committee. (b) If the committee by majority vote recommends the suspension of the circuit public defender, the Governor shall be authorized to suspend the circuit public defender for a period of up to 90 days. The Governor may extend such period of suspension once for an additional 30 days. Upon a recommendation of suspension, the Governor shall also be authorized to appoint a special prosecutor to bring a removal petition against the circuit public defender pursuant to subsection (c) of this Code section based upon the evidence provided by the committee. (c) A removal petition provided for in subsection (b) of this Code section shall be filed in the superior court of the county of the circuit public defender's residence. The charges shall be presented to the court in writing, with a copy provided to the circuit public defender at least two weeks prior to trial. Grounds for removal from office shall be any sufficient cause, including criminal charges, misconduct in office, or incapacity to perform the functions of the office. The petition shall be heard by a superior court judge; provided, however, that upon the motion of the circuit public defender, the facts shall be tried by a jury." SECTION 5. Said chapter is further amended by revising subsections (a) and (b) of Code Section 1712-22, relating to provision of counsel in event of a conflict of interests, as follows: "(a) The council director shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. Such procedure may include, but shall not be limited to, the appointment of individual counsel on a case-by-case basis or the utilization of another circuit public defender office when feasible. It is the intent of the General Assembly that the council director 346 JOURNAL OF THE SENATE 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 agency to represent indigent persons in conflict of interest cases, and such relationship may include, but shall not be limited to, a flat fee structure." SECTION 6. Said chapter is further amended by revising subsection (d) of Code Section 17-12-23, relating to representation by circuit public defenders, as follows: "(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 agency for representation of indigent persons in this state." SECTION 7. Said chapter is further amended by revising subsection (c) of Code Section 17-12-24, relating to operations of circuit public defenders, as follows: "(c) The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented, 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 chapter; and any other information requested by the council agency." SECTION 8. Said chapter is further amended by revising Code Section 17-12-26, relating to budget estimates, as follows: "17-12-26. The council director shall prepare and submit to the director of the Office of Planning and Budget its a budget estimate necessary for fulfilling the purposes of this chapter in accordance with Code Section 45-12-78. The council agency 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 chapter." SECTION 9. Said chapter is further amended by revising paragraph (2) of subsection (a), subsection (b), and subsection (h) of Code Section 17-12-27, relating to public defender staff, as follows: THURSDAY, FEBRUARY 19, 2009 347 "(2) Subject to funds being appropriated by the General Assembly or otherwise available, additional assistant public defenders as may be authorized by the council director. In authorizing additional assistant public defenders, the council director shall consider the caseload, present staff, and resources available to each circuit public defender and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of providing adequate legal defense for indigent defendants. (b) Each assistant public defender appointed pursuant to subsection (a) of this Code section shall be classified based on education, training, and experience. The jobs of assistant public defenders and the minimum qualifications required for appointment or promotion to each job shall be established by the council agency based on education, training, and experience and in accordance with the provisions of Code Sections 17-1230 and 17-12-34." "(h) Notwithstanding the provisions of subsection (g) of this Code section, an employee of a local public defender office who was an employee of the office on June 30, 2004, and who becomes a circuit public defender or an employee of a circuit public defender office before July 1, 2005, may elect, with the consent of the former employer and the consent of the council agency, to remain an employee of the entity for which the employee worked as a local public defender; and such entity shall be his or her employer for all purposes, including, without limitation, compensation and employee benefits. The right to make an election pursuant to this subsection shall expire on July 1, 2005. The council agency shall reimburse the appropriate entity for compensation, benefits, and employer contributions under the federal Social Security Act, but the total payment from the council agency to the entity on behalf of the employee shall not exceed the amount otherwise payable to or for the employee under the circumstance where the employee had become a state employee." SECTION 10. Said chapter is further amended by revising subsection (a) of Code Section 17-12-28, relating to circuit public defender investigators, as follows: "(a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint one investigator to assist the circuit public defender in the performance of his or her official duties in the preparation of cases for trial. Subject to funds being appropriated by the General Assembly or otherwise available, the circuit public defender in each judicial circuit may appoint additional investigators as may be authorized by the council director. In authorizing additional investigators, the council director shall consider the caseload, present staff, and resources available to each circuit public defender and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of circuit public defenders throughout the state in providing adequate legal defense for indigent defendants." SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 17-12-29, 348 JOURNAL OF THE SENATE relating to circuit public defender personnel, as follows: "(a) Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the council director based on funds appropriated by the General Assembly or otherwise available; provided, however, that each circuit public defender shall be authorized not less than two such personnel. In authorizing administrative, clerical, and paraprofessional personnel, the council director shall consider the caseload, present staff, and resources available to each circuit public defender and shall make authorizations as will contribute to the efficiency of individual circuit public defenders in providing effective criminal defense for indigent defendants." SECTION 12. Said chapter is further amended by revising paragraphs (1) through (5) of subsection (c) of Code Section 17-12-30, relating to classification and compensation of public defender staff, as follows: "(c)(1) The council director shall establish salary ranges for each state paid position authorized by this article or any other provision of law. Salary ranges shall be similar to the state-wide and senior executive ranges adopted by the State Merit System of Personnel Administration and shall provide for minimum, midpoint, and maximum salaries not to exceed the maximum allowable salary. In establishing the salary ranges, all amounts will be rounded off to the nearest whole dollar. The council director may, from time to time, revise the salary ranges to include across-the-board increases which the General Assembly may from time to time authorize in the General Appropriations Act. (2) The circuit public defender shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the job to which the person is appointed and the appropriate salary range. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be increased at the first of the calendar month following the annual anniversary of the person's appointment. No employee's salary shall be advanced beyond the maximum established in the applicable pay range. (4) Any reduction in salary shall be made in accordance with the salary range for the position and the policies, rules, or regulations adopted by the council director. (5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the council agency as provided by this subsection from funds appropriated for such purpose. The council director may 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 13. Said chapter is further amended by revising Code Section 17-12-32, relating to local government contracts for personnel, as follows: THURSDAY, FEBRUARY 19, 2009 349 "17-12-32. The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the council agency to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to the council agency such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel." SECTION 14. Said chapter is further amended by revising Code Section 17-12-36, relating to alternative service delivery systems, and Code Section 17-12-37, relating to effective date, as follows: "17-12-36. (a) The council may permit a A judicial circuit composed of a single county to may continue in effect an alternative delivery system if approved to do so under the law in effect prior to the effective date of this Act. to the one set forth in this article if: (1) The delivery system: (A) Has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or (B) Is administered by the county administrative office of the courts or the office of the court administrator of the superior court and had been fully operational for at least two years on July 1, 2003; (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; (3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and (4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system. (b) A judicial circuit composed of a single county may request an alternative delivery system only one time; provided, however, that if such judicial circuit's request for an alternative delivery system was disapproved on or before December 31, 2004, such judicial circuit may make one further request on or before September 1, 2005. The council shall allow such judicial circuit to have a hearing on such judicial circuit's request. (c) The council shall make a determination with regard to continuation of an alternative delivery system not later than December 1, 2005, and if the council determines that such judicial circuit's alternative delivery system does not meet the standards as established by the council, the council shall notify such judicial circuit of its 350 JOURNAL OF THE SENATE deficiencies in writing and shall allow such judicial circuit an opportunity to cure such deficiencies. The council shall make a final determination with regard to continuation of an alternative delivery system on or before December 31, 2005. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. (d) Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section. (e)(b) In the event an alternative delivery system is approved, the council in operation, the director shall annually review the operation of such system and determine whether such system is meeting the standards as established by the council director and is eligible to continue operating as an approved alternative delivery system. In the event the council director determines that such system is not meeting the standards as established by the council director, the council director shall provide written notice to such system of the deficiencies and shall provide such system an opportunity to cure such deficiencies. (f)(c) In the event an alternative delivery system is approved in operation, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council director. (g)(d) In the event the council director disapproves an alternative delivery system either in its initial application or on annual review, such system may appeal such decision to the Supreme Court of Georgia under such rules and procedures as shall be prescribed by the Supreme Court. (h)(e) An approved alternative delivery system shall be paid by the council agency, from funds available to the council agency, 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. 17-12-37. Reserved. This article shall become effective on January 1, 2005; provided, however, that the council and the circuit public defender selection panels shall be authorized to take administrative actions as may be necessary or appropriate to prepare for and phasein full implementation of this article on or after December 31, 2003." SECTION 15. Said chapter is further amended by revising subsection (c) of Code Section 17-12-51, relating to repayment of attorney's 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 THURSDAY, FEBRUARY 19, 2009 351 the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the probation department to the Georgia Public Defender Standards Council Agency for payment to the general fund of the state treasury." SECTION 16. Said chapter is further amended by revising Code Section 17-12-80, relating to determination of indigency, as follows: "17-12-80. (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 agency to substantiate its verification process as requested by the council or its director. (b) The council director 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 person's application for services." SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 18. All laws and parts of laws in conflict with this Act are repealed. Senator Smith of the 52nd offered the following amendment #1 to the committee substitute: Amend the Senate Judiciary Committee substitute to SB 42 by inserting "Defender" after "Public" on lines 3 and 4. By striking lines 67 through 69 and inserting in lieu thereof the following: (b) Not later than 60 days after the effective date of this subsection, the council shall be reconstituted as a new advisory body with new members appointed in 2009. The members serving on the council immediately prior to the effective date of this subsection shall cease to serve on the effective date of this subsection, but By replacing "Act" with "paragraph" on line 193. 352 JOURNAL OF THE SENATE By replacing "on July 1, 2003 upon the effective date of this Act" with "on July 1, 2003 not later than 60 days after the effective date of this paragraph" on lines 202 and 203. By inserting between lines 458 and 459 the following: SECTION 1A. Said chapter is further amended by revising subsection (a) of Code Section 17-12-11, relating to mental health advocacy division, duties, responsibilities, and management, as follows: "(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 agency. The mental health advocacy division office shall serve all counties of this state." SECTION 1B. Said chapter is further amended by revising subsection (a) of Code Section 17-12-12, relating to Georgia capital defender division and duties, responsibilities, and management, as follows: "(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 agency. The Georgia capital defender division shall serve all counties of this state." By striking "subsections (b) through (e) of" on line 491. By inserting between lines 492 and 493 the following: "17-12-20. (a) On and after July 1, 2008, there is created in each judicial circuit in this state a circuit public defender supervisory panel to be composed of seven members. The Lieutenant Governor, the Speaker of the House of Representatives, 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. Other than the county commissioner, members of the circuit public defender 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 THURSDAY, FEBRUARY 19, 2009 353 (6) of Code Section 19-13-51, any employee of a prosecuting attorney's 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 supervisory panel after July 1, 2005. On and after July 1, 2008, no employees of the council agency shall serve as a member of the circuit public defender supervisory panel. Members of the circuit public defender supervisory panel shall reside in the judicial circuit in which they serve. The circuit public defender supervisory panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority. By striking "subsections (a) and (b) of" on line 571, by inserting ""17-12-22." between lines 572 and 573, and by striking the quotation mark at the beginning of line 573. By striking the quotation mark at the end of line 585 and inserting between lines 585 and 586 the following: (c) Attorneys who seek appointment in conflict cases 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 he or she is appointed and shall meet such qualifications, regulations, and standards for the representation of indigent defendants as are established by the council agency." By replacing "Act" with "subsection" on line 710. 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: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W E Johnson Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate 354 JOURNAL OF THE SENATE Y Crosby Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Thomas 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 32, nays 21. SB 42, having received the requisite constitutional majority, was passed by substitute. SB 100. By Senators Smith of the 52nd, Wiles of the 37th, Hill of the 4th, Harp of the 29th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees in the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Public Defender Standards Council to the Georgia Public Defender Agency; 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 February 2, 2009 The Honorable Preston Smith State Senator Coverdell Legislative Office Building, Room 301-A Atlanta, Georgia 30334 THURSDAY, FEBRUARY 19, 2009 355 Dear Senator Smith: SUBJECT: State Auditor's Certification Senate Bill 100 (LC 21 0240) This bill would amend provisions relating to membership for particular groups of employees covered under the Employees' Retirement System. Specifically, this bill would change all references to the `Georgia Public Defender Standards Council' to the `Georgia Public Defender Agency.' Within this Code Section, the `Georgia Public Defender Agency' would now be referred to as `Agency.' This legislation would become effective on July 1, 2009 provided an Act is passed to change the name of the Georgia Public Defender Standards Council. If such Act is not passed, this legislation shall stand repealed effective July 1, 2009. This is to certify that this bill 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 Brown Y Buckner Y Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 356 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Y Powell N Ramsey Y Reed Y Wiles Williams (PRS) On the passage of the bill, the yeas were 50, nays 2. SB 100, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st moved that the Senate adjourn pursuant to HR 238 until 10:00 a.m. Tuesday, February 24, 2009. The motion prevailed, and Senator Tommie Williams, President Pro Tempore, announced the Senate adjourned at 1:16 p.m. TUESDAY, FEBRUARY 24, 2009 357 Senate Chamber, Atlanta, Georgia Tuesday, February 24, 2009 Twenty-second Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 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 59. By Representatives O`Neal of the 146th, Cole of the 125th, Pruett of the 144th, Golick of the 34th and Harden of the 147th: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for certain exemptions from sales and use taxes on those controlled substances and dangerous drugs, as defined by Code Section 16-13-1, lawfully dispensable by prescription for the treatment of natural persons which are either sold or are distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; to provide for certain exemptions from sales and use taxes on controlled substances and dangerous drugs, lawfully dispensed without charge for the purposes of a clinical trial approved by an institutional review board which has been accredited by the Association for the Accreditation of Human Research Protection Programs; to repeal conflicting laws; and for other purposes. HB 202. By Representatives Maxwell of the 17th, Meadows of the 5th, Golick of the 34th and Benton of the 31st: 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 define 358 JOURNAL OF THE SENATE certain terms; to provide for a maximum compensation to be used for computing contributions and benefits; to remove a requirement that an application for certain creditable service be made within a certain period; to provide for the payment of benefits; to provide for rollover of certain funds; to provide for a limit on benefits; to provide for application of service credits; to provide for the holding of pension funds in trust; to provide for a normal retirement age; to provide for vesting; to ratify certain prior changes to public retirement plans; to provide for related changes in public retirement law to comply with federal law and regulations; to repeal conflicting laws; and for other purposes. HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th, Reece of the 11th and Dawkins-Haigler of the 93rd: A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 311. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Higher Education Assistance Corporation, so as to provide for guaranteed educational loans as a lender of last resort; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 279. By Representative Barnard of the 166th: A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Candler, Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: TUESDAY, FEBRUARY 24, 2009 359 SB 183. By Senator Douglas of the 17th: A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 184. By Senator Weber of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for certain requirements regarding service of a notice of commencement to a contractor; to amend Part 4 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to payment bonds, so as to provide for certain requirements regarding service to a contractor; to amend Part 4 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to payment bonds, so as to provide for certain requirements regarding service to a contractor; to provide for a procedure for the application of certain forms; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 185. 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. SB 186. By Senator Thompson of the 5th: 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 360 JOURNAL OF THE SENATE 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. Referred to the Finance Committee. SB 187. By Senator Thompson of the 5th: 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 change certain provisions regarding collections, expenditures, and exemptions with respect to certain revenue regarding roads; to change certain provisions regarding priority of expenditures from the State Public Transportation Fund; to change certain provisions regarding allocation of state and federal road funds; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 188. By Senators Unterman of the 45th, Moody of the 56th and Balfour of the 9th: A BILL to be entitled an Act to amend Titles 16 and 36 of the Official Code of Georgia Annotated, relating to crimes and offenses and to local government, respectively, so as to provide for the protection and training of code officials; to provide for the offense of obstructing or hindering code officials whose duty it is to assure code compliance; to provide for definitions; to provide for criminal penalties; to provide for the training of code officials through the creation of the Georgia Code Enforcement Training Board; to amend various Code sections of Title 36 for purposes of conformity; 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 189. By Senators Shafer of the 48th, Rogers of the 21st and Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 47 of Title 33 of the Official Code of Georgia Annotated, relating to managing general agents, so as to TUESDAY, FEBRUARY 24, 2009 361 provide the amount of a policy fee permitted to be charged by a managing general agent; to provide that such policy fee shall be part of the insurer's rate filing and shall be fully earned; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 190. By Senators Mullis of the 53rd and Pearson of the 51st: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 191. By Senator Henson of the 41st: A BILL to be entitled an Act to provide a new charter for the City of Stone Mountain; 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 repeal a specific Act; to provide for a referendum; to provide for effective dates; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 192. By Senators Hill of the 32nd and Murphy of the 27th: 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 a short title; to provide legislative findings; to provide for definitions; to provide for planning for the construction of wireless facilities and wireless support structures; to provide for the procedure and manner of permitting of such structures; to provide for the collocating of wireless communication antennas on existing structures where possible; to provide for certain limitations with regard to such structures; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. 362 JOURNAL OF THE SENATE SB 193. By Senators Grant of the 25th, Williams of the 19th, Hill of the 4th, Golden of the 8th, Seay of the 34th and others: A BILL to be entitled an Act to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to authorize the Department of Corrections to consider certain offenders for participation in a transitional center or work release program during the offender's final year of incarceration, to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th: 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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st: A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; 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. TUESDAY, FEBRUARY 24, 2009 363 SB 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others: 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 a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; 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 197. 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 198. By Senators Tolleson of the 20th, Harp of the 29th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 200. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Douglas of the 17th, Hill of the 32nd and others: 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 enact the "Transforming Transportation Investment Act"; to abolish the State Road and 364 JOURNAL OF THE SENATE Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct cross-references; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SR 333. By Senators Powell of the 23rd, Tolleson of the 20th, Tarver of the 22nd, Jackson of the 24th, Hudgens of the 47th and others: A RESOLUTION honoring the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 334. 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 Insurance and Labor Committee. SR 335. By Senator Thompson of the 5th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the imposition of a state sales and use tax at the rate of 1 percent, the proceeds of which shall be used exclusively to build on the PeachCare for Kids program to provide health care coverage for all Georgia children; to provide for the creation and operation of the Penny for the Kids Trust Fund; to provide for legislative findings; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. SR 336. By Senator Thompson of the 5th: A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from motor fuel taxes may be appropriated for and grants made for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state and for any or all transportation TUESDAY, FEBRUARY 24, 2009 365 purposes; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. SR 338. By Senators Powell of the 23rd, Jackson of the 24th, Tarver of the 22nd, Golden of the 8th, Shafer of the 48th and others: A RESOLUTION commending Ray Delaigle and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. SR 339. By Senators Chance of the 16th, Douglas of the 17th, Cowsert of the 46th, Goggans of the 7th, Harbison of the 15th and others: A RESOLUTION celebrating the life of Master Sergeant Davy Nathaniel Weaver and dedicating a road in his memory; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 59. By Representatives O`Neal of the 146th, Cole of the 125th, Pruett of the 144th, Golick of the 34th and Harden of the 147th: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for certain exemptions from sales and use taxes on those controlled substances and dangerous drugs, as defined by Code Section 16-13-1, lawfully dispensable by prescription for the treatment of natural persons which are either sold or are distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; to provide for certain exemptions from sales and use taxes on controlled substances and dangerous drugs, lawfully dispensed without charge for the purposes of a clinical trial approved by an institutional review board which has been accredited by the Association for the Accreditation of Human Research Protection Programs; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 366 JOURNAL OF THE SENATE HB 202. By Representatives Maxwell of the 17th, Meadows of the 5th, Golick of the 34th and Benton of the 31st: 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 define certain terms; to provide for a maximum compensation to be used for computing contributions and benefits; to remove a requirement that an application for certain creditable service be made within a certain period; to provide for the payment of benefits; to provide for rollover of certain funds; to provide for a limit on benefits; to provide for application of service credits; to provide for the holding of pension funds in trust; to provide for a normal retirement age; to provide for vesting; to ratify certain prior changes to public retirement plans; to provide for related changes in public retirement law to comply with federal law and regulations; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th, Reece of the 11th and Dawkins-Haigler of the 93rd: A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; 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 311. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Higher Education Assistance Corporation, so as to provide for guaranteed educational loans as a lender of last resort; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HR 279. By Representative Barnard of the 166th: A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, TUESDAY, FEBRUARY 24, 2009 367 over, under, upon, across, or through property owned by the State of Georgia in Candler, Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. The following committee reports were read by the Secretary: 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 233 Do Pass by substitute 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: SB 146 Do Pass SB 156 Do Pass by substitute SB 165 Do Pass by substitute SR 156 Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 2 SB 69 SB 157 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman 368 JOURNAL OF THE SENATE 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 78 Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th 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 176 Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: HB 212 SB 21 SB 84 SB 104 SB 124 SB 136 SB 148 SB 149 SB 150 SB 152 SR 152 SR 173 SR 277 The following Senators were excused for business outside the Senate Chamber: Thompson of the 33rd Unterman of the 45th Senator Douglas of the 17th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused. Senator Tarver of the 22nd asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate 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. The roll was called and the following Senators answered to their names: TUESDAY, FEBRUARY 24, 2009 369 Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Thomas Thompson,C Tolleson Wiles Williams Not answering were Senators: Chance (Excused) Tate (Excused) Weber Fort (Excused) Thompson, S. (Excused) Orrock Unterman (Excused) The members pledged allegiance to the flag. Senator Butler of the 55th introduced the chaplain of the day, Reverend Pastor Kerwin Lee of Stone Mountain, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 337. By Senators Murphy of the 27th, Rogers of the 21st, Thomas of the 54th and Jackson of the 24th: A RESOLUTION recognizing and commending Ryan Ernstes; and for other purposes. SR 340. By Senators Jackson of the 24th, Hudgens of the 47th, Murphy of the 27th and Powell of the 23rd: A RESOLUTION recognizing and commending Mrs. Alana Burke; and for other purposes. 370 JOURNAL OF THE SENATE SR 341. By Senators Hill of the 4th, Harp of the 29th, Wiles of the 37th, Staton of the 18th, Douglas of the 17th and others: A RESOLUTION recognizing and commending Ms. Laura "Molly" Bickerton; and for other purposes. SR 342. By Senators Chapman of the 3rd, Rogers of the 21st, Tolleson of the 20th and Williams of the 19th: A RESOLUTION honoring the life and memory of Captain Joe Vickery; and for other purposes. SR 343. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Ed Harbison; and for other purposes. SR 344. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Bill Queen; and for other purposes. SR 345. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mrs. Vicky Waddell; and for other purposes. SR 346. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Nancy and Clint Bowling; and for other purposes. SR 347. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mrs. Alice Treece; and for other purposes. SR 348. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mrs. Lori Shackleford; and for other purposes. TUESDAY, FEBRUARY 24, 2009 371 SR 349. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Carlton Lloyd; and for other purposes. SR 350. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mrs. Angela Greene; and for other purposes. SR 351. By Senator Rogers of the 21st: A RESOLUTION commending Ben Schmidt, Woodstock High School's 2009 STAR Student; and for other purposes. SR 352. By Senator Rogers of the 21st: A RESOLUTION commending Kelly Burke, Woodstock High School's 2009 STAR Teacher; and for other purposes. SR 353. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mrs. Jennifer Thomas; and for other purposes. SR 354. By Senator Powell of the 23rd: A RESOLUTION honoring the life and memory of Mr. Lamar Mobley; and for other purposes SR 355. By Senators Cowsert of the 46th and Jackson of the 24th: A RESOLUTION recognizing and commending Dr. David L. Levine as the Distinguished Older Georgian for 2009; and for other purposes. SR 356. By Senator Balfour of the 9th: A RESOLUTION recognizing Wednesday, February 25, 2009, as Gwinnett County Day at the state capitol and commending Gwinnett County, its 15 cities, and the Gwinnett County Chamber of Commerce; and for other purposes. 372 JOURNAL OF THE SENATE SR 357. By Senator Tolleson of the 20th: A RESOLUTION commending the Georgia Recreation and Park Association, Inc., on its Georgia Children's Outdoor Bill of Rights; and for other purposes. SR 358. By Senators Harp of the 29th and Fort of the 39th: A RESOLUTION commending University System of Georgia Outstanding Scholar Marisa K. Acree of Georgia Institute of Technology on Academic Recognition Day for 2009; and for other purposes. SR 359. By Senators Harp of the 29th and Fort of the 39th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jacqueline S. Bufkin of Georgia State University on Academic Recognition Day for 2009; and for other purposes. SR 360. By Senators Harp of the 29th and Thomas of the 54th: A RESOLUTION commending University System of Georgia Outstanding Scholar Annaliese Autry of Dalton State College on Academic Recognition Day for 2009; and for other purposes. SR 361. By Senators Harp of the 29th and Hooks of the 14th: A RESOLUTION commending University System of Georgia Outstanding Scholar Christina Blythe Lightner of Georgia Southwestern State University on Academic Recognition Day for 2009; and for other purposes. SR 362. By Senators Harp of the 29th and Golden of the 8th: A RESOLUTION commending University System of Georgia Outstanding Scholar Brett M. Rogers of Valdosta State University on Academic Recognition Day for 2009; and for other purposes. SR 363. By Senators Harp of the 29th and Smith of the 52nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Angela Charlene Graham of Georgia Highlands College on Academic Recognition Day for 2009; and for other purposes. SR 364. By Senators Harp of the 29th and Sims of the 12th: A RESOLUTION commending University System of Georgia Outstanding Scholar Drew Austin Johnson of Darton College on Academic Recognition Day for 2009; and for other purposes. TUESDAY, FEBRUARY 24, 2009 373 SR 365. By Senators Harp of the 29th and Harbison of the 15th: A RESOLUTION commending University System of Georgia Outstanding Scholar David S. Owens of Columbus State University on Academic Recognition Day for 2009; and for other purposes. SR 366. By Senators Harp of the 29th and Sims of the 12th: A RESOLUTION commending University System of Georgia Outstanding Scholar Samika T. Harp of Albany State University on Academic Recognition Day for 2009; and for other purposes. SR 367. By Senators Harp of the 29th and Chapman of the 3rd: A RESOLUTION commending University System of Georgia Outstanding Scholar Rita C. Nagawa of College of Coastal Georgia on Academic Recognition Day for 2009; and for other purposes. SR 368. By Senators Harp of the 29th and Tarver of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Christopher D. Goss of Augusta State University on Academic Recognition Day for 2009; and for other purposes. SR 369. By Senators Harp of the 29th and Tarver of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar John "William" Schleifer of Medical College of Georgia on Academic Recognition Day for 2009; and for other purposes. SR 370. By Senators Harp of the 29th and Grant of the 25th: A RESOLUTION commending University System of Georgia Outstanding Scholar Lauren Elizabeth Lundin of Georgia College & State University on Academic Recognition Day for 2009; and for other purposes. SR 371. By Senators Harp of the 29th and Hamrick of the 30th: A RESOLUTION commending University System of Georgia Outstanding Scholar Destiny LeAnn Murray of the University of West Georgia on Academic Recognition Day for 2009; and for other purposes. 374 JOURNAL OF THE SENATE SR 372. By Senators Harp of the 29th and Hill of the 4th: A RESOLUTION commending University System of Georgia Outstanding Scholar Ryan M. McDonald of East Georgia College on Academic Recognition Day for 2009; and for other purposes. SR 373. By Senators Harp of the 29th and Hill of the 4th: A RESOLUTION commending University System of Georgia Outstanding Scholar Robert A. Morgan of Georgia Southern University on Academic Recognition Day for 2009; and for other purposes. SR 374. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar William N. Maxwell of North Georgia College & State University on Academic Recognition Day for 2009; and for other purposes. SR 375. By Senators Harp of the 29th and Jones of the 10th: A RESOLUTION commending University System of Georgia Outstanding Scholar Victoria White of Georgia Perimeter College on Academic Recognition Day for 2009; and for other purposes. SR 376. By Senators Harp of the 29th and Crosby of the 13th: A RESOLUTION commending University System of Georgia Outstanding Scholar Hector Olguin of Abraham Baldwin Agricultural College on Academic Recognition Day for 2009; and for other purposes. SR 377. By Senators Harp of the 29th and Cowsert of the 46th: A RESOLUTION commending University System of Georgia Outstanding Scholar Christina Lynn Faust of the University of Georgia on Academic Recognition Day for 2009; and for other purposes. SR 378. By Senators Harp of the 29th and Jackson of the 2nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Ashley Elam of Armstrong Atlantic State University on Academic Recognition Day for 2009; and for other purposes. TUESDAY, FEBRUARY 24, 2009 375 SR 379. By Senators Harp of the 29th and Jackson of the 2nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Mark Rhoads of Savannah State University on Academic Recognition Day for 2009; and for other purposes. SR 380. By Senators Harp of the 29th and Buckner of the 44th: A RESOLUTION commending University System of Georgia Outstanding Scholar Laurissa Joy Wolfram of Clayton State University on Academic Recognition Day for 2009; and for other purposes. SR 381. By Senators Harp of the 29th and Goggans of the 7th: A RESOLUTION commending University System of Georgia Outstanding Scholar Russell A. Bullock of South Georgia College on Academic Recognition Day for 2009; and for other purposes. SR 382. By Senators Harp of the 29th and Wiles of the 37th: A RESOLUTION commending University System of Georgia Outstanding Scholar Amanda Nichole Newton of Kennesaw State University on Academic Recognition Day for 2009; and for other purposes. SR 383. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Juan A. Llanes of Gainesville State College on Academic Recognition Day for 2009; and for other purposes. SR 384. By Senators Harp of the 29th and Goggans of the 7th: A RESOLUTION commending University System of Georgia Outstanding Scholar Robyn B. Crawford of Waycross College on Academic Recognition Day for 2009; and for other purposes. SR 385. By Senators Harp of the 29th and Brown of the 26th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kyle Collins of Macon State College on Academic Recognition Day for 2009; and for other purposes. 376 JOURNAL OF THE SENATE SR 386. By Senators Harp of the 29th and Hooks of the 14th: A RESOLUTION commending University System of Georgia Outstanding Scholar Gabrielle A. Edwards of Fort Valley State University on Academic Recognition Day for 2009; and for other purposes. SR 387. By Senators Harp of the 29th and Orrock of the 36th: A RESOLUTION commending University System of Georgia Outstanding Scholar John Darden of Atlanta Metropolitan College on Academic Recognition Day for 2009; and for other purposes. SR 388. By Senators Harp of the 29th and Tolleson of the 20th: A RESOLUTION commending University System of Georgia Outstanding Scholar Candice Charles Broome of Middle Georgia College on Academic Recognition Day for 2009; and for other purposes. SR 389. By Senators Harp of the 29th and Stoner of the 6th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jonathan R. Pettingill of Southern Polytechnic State University on Academic Recognition Day for 2009; and for other purposes. SR 390. By Senators Harp of the 29th and Chance of the 16th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kenneth Lee Vaughn of Gordon College on Academic Recognition Day for 2009; and for other purposes. SR 391. By Senators Harp of the 29th and Bulloch of the 11th: A RESOLUTION commending University System of Georgia Outstanding Scholar Anthony K. Jones of Bainbridge College on Academic Recognition Day for 2009; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday, February 24, 2009 Twenty-second Legislative Day TUESDAY, FEBRUARY 24, 2009 377 (The names listed are the Senators whose districts are affected by the legislation.) HB 176 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. 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson,L Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Thomas Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Williams On the passage of the local legislation, the yeas were 44, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Adelman of the 42nd introduced the doctor of the day, Dr. William Sexson. 378 JOURNAL OF THE SENATE SENATE RULES CALENDAR TUESDAY, FEBRUARY 24, 2009 TWENTY-SECOND LEGISLATIVE DAY SB 20 Local Government; prohibit sanctuary policies; provide penalties (PUB SAF-51st) SB 30 Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms; change certain provisions (Substitute) (Floor amend 1 AM 28 0923), (Floor amend 2 AM 21 3632) (AG&CA-20th) SB 38 Health; authorize Board for the Distribution of Cadavers to provide use of dead bodies in training/handling of police canine (PUB SAF-29th) SB 76 Workers' Compensation Insurance; revise code section; reg. of rates; remove certain references (I&L-47th) SB 79 Social Services; provide access by certain gov. entities/persons to records concerning reports of child abuse; define a certain term (Substitute) (JUDY-29th) SB 89 Public Transportation; consumption of food/beverages in a rapid rail station/intermodal bus station (Substitute)(UAff-55th) SB 105 Insurance Commissioner; authorize health reimbursement arrangement only plans; approved for sale; individual health insurance policies (I&L-32nd) SB 120 MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rapid rail system (TRANS-6th) 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 20. By Senators Pearson of the 51st, Rogers of the 21st, Seabaugh of the 28th, Williams of the 19th and Mullis of the 53rd: 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 penalties; to amend Chapter 80 of Title 36 of TUESDAY, FEBRUARY 24, 2009 379 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 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; 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 20 by inserting immediately before the period on line 16 and immediately before the period on line 57 the following: other than funds to provide services specified in subsection (c) of Code Section 50-36-1 By inserting immediately before the period on line 64 the following: that does not relate to services specified in subsection (c) of Code Section 50-36-1 On the adoption of the 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: Adelman Y Balfour N Brown Y Buckner Y Bulloch N Butler Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Stoner Y Tarver E Tate Y Thomas N Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber 380 JOURNAL OF THE SENATE Y Hamrick Harbison Y Harp Y Powell N Ramsey N Reed Y Wiles Y Williams On the passage of the bill, the yeas were 37, nays 9. SB 20, having received the requisite constitutional majority, was passed as amended. The following communications were received by the Secretary: Senator Jim Butterworth District 50 325-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Retirement Veterans, Military and Homeland Security State and Local Governmental Operations 2/24/09 The State Senate Atlanta, Georgia 30334 Please let the record show that I voted in favor of SB 20. /s/ Jim Butterworth 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 February 24, 2009 The State Senate Atlanta, Georgia 30334 Honorable Bob Ewing Secretary of the Senate State Capitol, Room 353 Atlanta, Georgia 30334 TUESDAY, FEBRUARY 24, 2009 381 Dear Bob: My machine malfunctioned and did not record my vote in favor of Senate Bill 20. Please let the Journal show that I support this legislation. Very truly yours, /s/ David J. Shafer State Senator, District 48 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 108. By Representatives Bryant of the 160th, Stephens of the 161st, Stephens of the 164th, Carter of the 159th, Gordon of the 162nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50, relating to other state symbols, so as to provide that the Ralph Mark Gilbert Civil Rights Museum shall be the official state civil rights museum; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Brown of the 26th Reed of the 35th Hamrick of the 30th Johnson of the 1st Senator Williams of the 19th recognized Major General Tony Cucolo. Major General Tony Cucolo addressed the Senate briefly. The Calendar was resumed. SB 30. By Senators Tolleson of the 20th, Hooks of the 14th, Cowsert of the 46th, Harp of the 29th, Tarver of the 22nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors and gasoline dealers with gasoline that has not been 382 JOURNAL OF THE SENATE blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors and gasoline dealers from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 30: A BILL TO BE ENTITLED AN ACT To amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, is amended by revising Code Section 10-1-232, relating to definitions, as follows: "10-1-232. As used in this article, the term: (1) 'Automotive gasoline' or 'gasoline' means octane rated fuels made from petroleum products for use in the propulsion of motor vehicles. (2) 'Automotive gasoline dealer' or 'gasoline dealer' means any person or firm engaged primarily in the retail sale of automotive gasoline and related products and services under a marketing agreement entered into with an automotive gasoline distributor. (3) 'Automotive gasoline distributor' or 'gasoline distributor' means any person, firm, or corporation who is or firm engaged, whether as a jobber or supplier, in the sale, consignment, or distribution of gasoline to automotive gasoline dealers pursuant to marketing agreements. (3.1) 'Blended fuel' means a mixture composed of automotive gasoline and another liquid, other than a de minimus amount of a product such as carburetor detergent or oxidation inhibitor, that can be used as a fuel in a motor vehicle. (3.2) 'Blender' means a person or firm which produces blended fuel outside a terminal transfer system. TUESDAY, FEBRUARY 24, 2009 383 (3.3) 'Fuel alcohol' means alcohol or fuel grade ethanol. (3.4) 'Gasohol' means a blended fuel composed of gasoline and fuel grade ethanol. (3.5) 'Jobber' means an automotive gasoline distributor which is not a supplier. (4) 'Marketing agreement' or 'agreement' means a written agreement, including a franchise, and all related written agreements between an automotive gasoline distributor and an automotive gasoline dealer under which such dealer is supplied automotive gasoline for retail sale or an agreement between an automotive gasoline distributor and an automotive gasoline dealer under which the automotive gasoline dealer is granted the right to occupy premises owned, leased, or controlled by the automotive gasoline distributor for the purpose of engaging in the retail sale of gasoline of the automotive gasoline distributor. (4.1) 'Position holder' means a person or firm which holds the inventory position in automotive gasoline in a terminal, as reflected on the records of the terminal operator. A person or firm holds the inventory position in automotive gasoline when that person or firm has a contract with the terminal operator for the use of storage facilities and terminaling services for gasoline at the terminal. The term includes a terminal operator which owns gasoline in the terminal. (4.2) 'Rack' means a mechanism for delivering automotive gasoline from a refinery, a terminal, or a bulk plant into a transport truck, a railroad tank car, or another means of transfer that is outside the terminal transfer system. (4.3) 'Refiner' means a person or firm which owns, operates, or controls a refinery, wherever located. (4.4) 'Refinery' means a facility used to process crude oil, unfinished oils, natural gas liquids, or other hydrocarbons into automotive gasoline and from which automotive gasoline may be removed by pipeline or vessel or at a rack. The term does not include a facility that produces only blended fuel or gasohol. (4.5) 'Removal' means a physical transfer other than by evaporation, loss, or destruction. A physical transfer to a transport truck or another means of conveyance outside a terminal transfer system is complete upon delivery into the means of conveyance. (5) 'Retail sale of automotive gasoline' means the sale thereof for consumption, and not for resale, at a retail outlet serving the motoring public. (6) 'Supplier' means: (A) A position holder or a person or firm which receives automotive gasoline pursuant to a two-party exchange; or (B) A refiner. (7) 'Terminal' means an automotive gasoline storage and distribution facility that has been assigned a terminal control number by the United States Internal Revenue Service, is supplied by pipeline or marine vessel, and from which automotive gasoline may be removed at a rack. (8) 'Terminal operator' means a person or firm which owns, operates, or otherwise controls a terminal. (9) 'Terminal transfer system' means an automotive gasoline distribution system 384 JOURNAL OF THE SENATE consisting of refineries, pipelines, marine vessels, and terminals. The term has the same meaning as 'bulk transfer/terminal system' under 26 C.F.R. Section 48.4081-1. (10) 'Two-party exchange' means a transaction in which automotive gasoline is transferred from one licensed supplier to another licensed supplier pursuant to an exchange agreement under which the supplier that is the position holder agrees to deliver automotive gasoline to the other supplier or the other supplier's customer at the rack of the terminal at which the delivering supplier is the position holder." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "10-1-234.1. Regardless of other products offered, any supplier which, pursuant to a marketing agreement, supplies gasoline from a terminal in this state to a gasoline distributor shall offer to supply such party with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol. No supplier shall prevent or inhibit a gasoline distributor in this state from being a blender or from qualifying for any federal or state tax credit due to blenders." SECTION 3. Said article is further amended by revising Code Section 10-1-240, relating to marketing agreements subject to said article, as follows: "10-1-240. This article shall apply to all marketing agreements as defined in paragraph (4) of Code Section 10-1-232, except that this article shall not apply to a marketing agreement granted prior to July 1, 1973; provided, however, that a renewal of a marketing agreement or an amendment extending the lease period shall not be excluded from the application of this article that are granted, renewed, or amended to extend the lease period on or after July 1, 2009." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Weber of the 40th and Adelman of the 42nd offered the following amendment #1 to the committee substitute: Amend the Senate Agriculture and Consumer Affairs Committee substitute to SB 30 (LC 25 5421S) by striking line 96 and inserting in lieu thereof: 2009; provided, however, that Code Section 10-1-234.1 shall not apply to gasoline sold or offered for sale under a supplier's trademark registered with the United States Patent and Trademark Office." On the adoption of the amendment, the President asked for unanimous consent. Senator Harp of the 29th objected. TUESDAY, FEBRUARY 24, 2009 385 On the adoption of the amendment, the yeas were 10, nays 32, and the Weber, Adelman amendment #1 to the committee substitute was lost. Senators Heath of the 31st, Adelman of the 42nd and Balfour of the 9th offered the following amendment #2 to the committee substitute: Amend the Senate Agriculture and Consumer Affairs Committee substitute to SB 30 (LC 25 5421S) by replacing "shall" with "may" on line 3. By replacing "shall" with "may" on line 82. On the adoption of the amendment, the yeas were 12, nays 32, and the Heath et al. amendment #2 to the committee substitute was lost. Senators Adelman of the 42nd, Balfour of the 9th, Thompson of the 5th, Hill of the 32nd, Weber of the 40th, Jones of the 10th and others offered the following amendment #3 to the committee substitute: Amend the Senate Agriculture and Consumer Affairs Committee substitute to SB 30 (LC 25 5421S) by striking line 84 and inserting in lieu thereof: blending with, fuel alcohol; provided, however, that no supplier shall be required to offer unblended gasoline intended for sale in counties covered by the Gasoline Marketing Rule, Ga. Admin. Code Section 391-3-1-.02(2)(bbb), as amended. No supplier shall prevent or inhibit a gasoline distributor in On the adoption of the amendment, the yeas were 18, nays 25, and the Adelman et al. amendment #3 to the committee substitute 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: N Adelman N Balfour E Brown Y Buckner Y Bulloch N Butler N Butterworth Y Hawkins N Heath N Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton 386 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison N Harp Y Jackson,L Y Jackson,W E Johnson Y Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey E Reed N Stoner Y Tarver E Tate Y Thomas N Thompson,C E Thompson,S Y Tolleson E Unterman N Weber Y Wiles Y Williams On the passage of the bill, the yeas were 35, nays 13. SB 30, having received the requisite constitutional majority, was passed by substitute. Senator Tommie Williams, President Pro Tempore, assumed the Chair. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. SB 38. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed dead bodies, so as to authorize the Board for the Distribution of Cadavers to provide for dead bodies to be used in the training and handling of police canine; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Harp of the 29th offered the following amendment #1: Amend SB 38 (LC 35 1129) by striking lines 1 through 78 and inserting in lieu thereof the following: To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, so as to provide for the training of canine service dogs for the purpose of body recovery and rescue of persons; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to TUESDAY, FEBRUARY 24, 2009 387 death investigations by coroners, is revised by adding a new Code section to read as follows: "45-16-50. A medical examiner within the state of Georgia is authorized to provide to an approved canine instructor or school certain biological substances such as human blood or bodily fluids for the sole purpose of utilizing such substances for the training and handling of police canine in body recovery of human remains or rescue of persons. Such biological substances shall be contained and transported in accordance with appropriate health and safety standards." SECTION 2. On the adoption of the amendment, there were no objections, and the 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 Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E Fort Y Goggans Y Golden 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,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson E Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 43, nays 0. SB 38, having received the requisite constitutional majority, was passed as amended. 388 JOURNAL OF THE SENATE The President resumed the Chair. The following House legislation was read the first time and referred to committee: HB 108. By Representatives Bryant of the 160th, Stephens of the 161st, Stephens of the 164th, Carter of the 159th, Gordon of the 162nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50, relating to other state symbols, so as to provide that the Ralph Mark Gilbert Civil Rights Museum shall be the official state civil rights museum; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. The Calendar was resumed. SB 76. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to repeal Code Section 34-9-135; to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, so as to remove certain references; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E Fort Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C E Thompson,S TUESDAY, FEBRUARY 24, 2009 389 Y Goggans Y Golden Grant E Hamrick Y Harbison Y Harp Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. SB 76, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Murphy of the 27th SB 79. By Senators Harp of the 29th, Unterman of the 45th, Williams of the 19th, Hamrick of the 30th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to define a certain term; to provide for access by certain governmental entities and certain persons to records concerning reports of child abuse; to provide that certain records relating to a child fatality or near fatality shall not be confidential; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 79: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to define a certain term; to provide for access by certain governmental entities and certain persons to records concerning reports of child abuse; to provide that certain records relating to a child fatality or near fatality shall not be confidential; 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 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, is amended by revising subsection (a) of Code Section 49-5-40, relating to definitions, confidentiality of records, and restricted access to 390 JOURNAL OF THE SENATE records, as follows: "(a) As used in this article, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitation of a child;or. (E) However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' child. (4) 'Near fatality' means an act that places a child in serious or critical condition as certified by a physician. (5) (3.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (6)(4) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100." TUESDAY, FEBRUARY 24, 2009 391 SECTION 2. Said article is further amended by revising subsection (a) of Code Section 49-5-41, relating to persons and agencies permitted access to records, as follows: "(a) Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse: (1) A legally mandated, public or private, child protective agency of this state or any other state bound by similar confidentiality provisions and requirements which is investigating a report of known or suspected child abuse or treating a child or family which is the subject of a report or record Any federal, state, or local governmental entity, or any agency of any such entity, that has a need for information contained in such reports in order to carry out its legal responsibilities to protect children from abuse and neglect; (2) A court, by subpoena, upon its finding that access to such records may be necessary for determination of an issue before such court; provided, however, that the court shall examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it and the record is otherwise admissible under the rules of evidence; (3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business; (4) A district attorney of any judicial circuit in this state or any assistant district attorney who may seek such access in connection with official duty; (5) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5, but such access shall include only notification regarding the child concerning whom the report was made, shall disclose only whether the investigation by the department or governmental child protective agency of the reported abuse is ongoing or completed and, if completed, whether child abuse was confirmed or unconfirmed, and shall only be disclosed if requested by the person making the report; (6) Any adult requesting information regarding investigations by the department or a governmental child protective agency regarding a deceased child the findings or information about the case of child abuse or neglect that results in a child fatality or near fatality when such person specifies the identity of the child, unless such disclosure of information would jeopardize a criminal investigation or proceeding, but such access shall be limited to a disclosure regarding whether there is such an ongoing or completed investigation of such death and, if completed, whether child abuse was confirmed or unconfirmed of the available facts and findings. Any identifying information, including but not limited to the child or caretaker's name, race, ethnicity, address, or telephone numbers and any other information that is privileged or confidential, shall be redacted to preserve the confidentiality of the child, other children in the household, and the child's parents, guardians, custodians, or caretakers. (7) The State Personnel Board, by administrative subpoena, upon a finding by an administrative law judge appointed by the chief state administrative law judge pursuant to Article 2 of Chapter 13 of Title 50, that access to such records may be necessary for a determination of an issue involving departmental personnel and that 392 JOURNAL OF THE SENATE issue involves the conduct of such personnel in child related employment activities, provided that only those parts of the record relevant to the child related employment activities shall be disclosed. The name of any complainant or client shall not be identified or entered into the record; (7.1) A child advocacy center which is certified by the Child Abuse Protocol Committee of the county where the principal office of the center is located as participating in the Georgia Network of Children's Advocacy Centers or a similar accreditation organization and which is operated for the purpose of investigation of known or suspected child abuse and treatment of a child or a family which is the subject of a report of abuse, and which has been created and supported through one or more intracommunity compacts between such advocacy center and one or more police agencies, the office of the district attorney, a legally mandated public or private child protective agency, a mental health board, and a community health service board; provided, however, that any child advocacy center which is granted access to records concerning reports of child abuse shall be subject to the confidentiality provisions of subsection (b) of Code Section 49-5-40 and shall be subject to the penalties imposed by Code Section 49-5-44 for authorizing or permitting unauthorized access to or use of such records; (8) Police or any other law enforcement agency of this state or any other state or any medical examiner or coroner investigating a report of known or suspected abuse or any child fatality review panel or child abuse protocol committee or subcommittee thereof created pursuant to Chapter 15 of Title 19, it being found by the General Assembly that the disclosure of such information is necessary in order for such entities to carry out their legal responsibilities to protect children from abuse and neglect, which protective actions include bringing criminal actions for such abuse or neglect, and that such disclosure is therefore permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106(A)(b)(4); and (9) The Governor, the Attorney General, the Lieutenant Governor, or the Speaker of the House of Representatives when such officer makes a written request to the commissioner of the department which specifies the name of the child for which such access is sought and which describes such officer's need to have access to such records in order to determine whether the laws of this state are being complied with to protect children from abuse and neglect and whether such laws need to be changed to enhance such protection, for which purposes the General Assembly finds such disclosure is permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106(A)(b)(4)." SECTION 3. Said article is further amended by revising subsection (e) of Code Section 49-5-41, relating to persons and agencies permitted access to records, as follows: "(e) Notwithstanding any other provisions of law, with the exception of medical and TUESDAY, FEBRUARY 24, 2009 393 mental health records made confidential by other provisions of law, child abuse and deprivation records applicable to a child who at the time of his or her death fatality or near fatality was: (1) In the custody of a state department or agency or foster parent; (2) A child as defined in paragraph (3) of Code Section 15-11-171; or (3) The subject of an investigation, report, referral, or complaint under Code Section 15-11-173 shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records. Upon the release of documents pursuant to this subsection, the department may comment publicly on the case." 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 to the committee substitute: Amend the Senate Judiciary Committee substitute to SB 79 by striking lines 143 and 144 and inserting in lieu thereof the following: to open records; provided, however, that any identifying information, including but not limited to the child or caretaker's name, race, ethnicity, address, or telephone numbers and any other information that is privileged or confidential, shall be redacted to preserve the confidentiality of the child, other children in the household, and the child's parents, guardians, custodians, or caretakers. Upon the release of documents pursuant to this subsection, the department may comment publicly on the case." On the adoption of the amendment, there were no objections, and the Harp 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 Buckner Y Bulloch Y Butler Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith 394 JOURNAL OF THE SENATE Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E Fort Y Goggans Y Golden E Grant E Hamrick Y Harbison Y Harp Y Hudgens Y Jackson,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. SB 79, having received the requisite constitutional majority, was passed by substitute. SB 89. By Senators Butler of the 55th, Williams of the 19th, Brown of the 26th, Mullis of the 53rd, Stoner of the 6th and others: A BILL to be entitled an Act to amend Code Section 16-12-120 of the Official Code of Georgia Annotated, relating to acts prohibited in public transit buses and rapid rail cars or stations, so as to allow the consumption of food and beverages in a rapid rail station or intermodal bus station; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Urban Affairs Committee offered the following substitute to SB 89: A BILL TO BE ENTITLED AN ACT To amend Code Section 16-12-120 of the Official Code of Georgia Annotated, relating to acts prohibited in public transit buses and rapid rail cars or stations, so as to allow the consumption of food and beverages in a rapid rail station or intermodal bus station; 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 16-12-120 of the Official Code of Georgia Annotated, relating to acts TUESDAY, FEBRUARY 24, 2009 395 prohibited in public transit buses and rapid rail cars or stations, is amended by revising paragraph (4) of subsection (a) as follows: "(4) Consumes food or beverage or possesses any open food or beverage container, provided that this paragraph shall not apply to resealable bottled water beverages in resealable plastic containers, to an operator of a public transit bus at an authorized layover point, or to a person providing food or beverage to any child under age five; provided, however, that nothing in this paragraph shall apply to a rapid rail station or intermodal bus station, unless the public transit system operating such station adopts a policy prohibiting food or beverages in such station, and further that nothing in this paragraph shall preclude a public transit system operated or funded by a county, municipality, or consolidated government from prohibiting the consumption of any beverage in a public transit bus;" 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 Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby N Douglas E Fort Y Goggans Y Golden N Grant Y Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L N Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber 396 JOURNAL OF THE SENATE E Hamrick Y Harbison Y Harp Y Powell Y Ramsey E Reed Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 4. SB 89, having received the requisite constitutional majority, was passed by substitute. SB 105. By Senators Hill of the 32nd and Johnson of the 1st: 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 certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health insurance policies; 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 E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. TUESDAY, FEBRUARY 24, 2009 397 SB 105, having received the requisite constitutional majority, was passed. SB 120. By Senators Stoner of the 6th, Mullis of the 53rd, Jones of the 10th, Rogers of the 21st, Adelman of the 42nd and others: A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to allow a transportation services contract to authorize the extension of or addition to the Authority's existing rapid rail system; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senators Stoner of the 6th, Mullis of the 53rd, Adelman of the 42nd and Rogers of the 21st offered the following amendment #1: Amend SB 120 by substituting for lines 2 through 4 the following: approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to remove the restrictions on MARTA regarding the use of sales tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other On the adoption of the amendment, there were no objections, and the Stoner 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 N Balfour E Brown Y Buckner Y Bulloch Y Butler N Butterworth Y Chance Y Chapman Y Cowsert Y Crosby N Douglas E Fort Y Goggans Y Golden Y Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L N Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Rogers E Seabaugh Y Seay N Shafer Y Sims N Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson E Unterman 398 JOURNAL OF THE SENATE N Grant Y Hamrick Y Harbison Y Harp Y Pearson N Powell Y Ramsey E Reed Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 39, nays 9. SB 120, 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 February 24, 2009 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: This letter serves as official notice that Senator Chip Pearson is appointed as Ex-Officio member of the Senate Special Judiciary Committee. This appointment is effective immediately. Please do not hesitate to contact me if you have any questions in this regard. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, February 25, 2009. The motion prevailed, and the President announced the Senate adjourned at 12:38 p.m. WEDNESDAY, FEBRUARY 25, 2009 399 Senate Chamber, Atlanta, Georgia Wednesday, February 25, 2009 Twenty-third Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Tommie Williams, President Pro Tempore. 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 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 64. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 100. By Representatives Ehrhart of the 36th, Casas of the 103rd, Lunsford of the 110th and Lindsey of the 54th: A BILL to be entitled an Act to amend Title 20 and Title 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 educational improvement and student scholarship organizations; to change certain definitions; to change certain requirements regarding operation and taxation of student scholarship organizations; to provide for criminal penalties regarding student scholarship organization requirements; 400 JOURNAL OF THE SENATE HB 120. HB 156. HB 167. HB 172. to revise and change certain provisions regarding the qualified education income tax credit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representatives Smith of the 70th, Dempsey of the 13th, Talton of the 145th, Harden of the 147th, Powell 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 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. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd: A BILL to be entitled an Act to amend an Act to create the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to provide an additional judge for such court; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Maxwell of the 17th, Benton of the 31st, Meadows of the 5th and Maddox of the 172nd: A BILL to be entitled an Act to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to reexamination of persons receiving disability benefits under the Employees' Retirement System of Georgia, effect of refusal to undergo examination, and effect of ability to engage in gainful employment, so as to delete provisions providing for WEDNESDAY, FEBRUARY 25, 2009 401 HB 216. HB 283. HB 331. HB 343. physical examinations done at a place convenient to the beneficiary; to provide that a beneficiary who has not reached the age of 60 shall submit to an examination; to provide that the amount earnable by certain disabled members shall include certain payments that the beneficiary receives from workers' compensation; to repeal conflicting laws; and for other purposes. By Representatives Harden of the 147th, Roberts of the 154th, Pruett of the 144th and James of the 135th: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change certain terms of court in the Cordele Judicial Circuit; 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, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Collins of the 27th, Chambers of the 81st, Martin of the 47th, Hamilton of the 23rd, Day of the 163rd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so 402 JOURNAL OF THE SENATE as to create civilian weight inspectors for motor carriers; to provide for powers and duties; to provide for restrictions of power; 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 199. By Senators Wiles of the 37th, Harp of the 29th and Cowsert of the 46th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to suspend for one year the otherwise required annual training for magistrates and probate judges; 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 201. By Senators Balfour of the 9th, Buckner of the 44th, Williams of the 19th, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for cancer research; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 202. By Senators Mullis of the 53rd, Pearson of the 51st, Murphy of the 27th, Rogers of the 21st and Shafer of the 48th: A BILL to be entitled an Act to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for certain business enterprises, so as to revise the definition of business enterprise to include businesses engaged in services for the elderly and persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 203. By Senators Mullis of the 53rd, Thomas of the 54th and Smith of the 52nd: 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 define a term; to change certain WEDNESDAY, FEBRUARY 25, 2009 403 provisions relating to taking of nongame species; to regulate the taking, possession, transportation, farming, and selling of fresh-water turtles; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 204. By Senators Shafer of the 48th and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide a short title; to provide legislative findings; to provide definitions; to provide an exclusive means of adopting human embryos; to provide for the relinquishment of rights to such embryos; to provide for the status of prior agreements regarding such embryos; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 205. By Senators Chapman of the 3rd, Rogers of the 21st, Brown of the 26th, Murphy of the 27th, Hudgens of the 47th 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 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 a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 206. By Senators Goggans of the 7th, Hill of the 4th, Williams of the 19th, Rogers of the 21st, Cowsert of the 46th 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, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require tax expenditure reviews as a part of the budget report; to provide for a definition; to provide for contents and requirements of each report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. 404 JOURNAL OF THE SENATE SB 207. By Senator Wiles of the 37th: 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 admit the general public to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and Referred to the Special Judiciary Committee. SB 208. By Senator Thompson of the 33rd: A BILL to be entitled an Act to provide for a short title; to provide for legislative findings; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies, so as to provide for parameters regarding the use of confidential informants; to require a law enforcement agency to notify a confidential informant of his or her right to legal counsel before executing an assistance agreement; to require certain record keeping; to provide requirements for the proper use of confidential informants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 392. By Senators Johnson of the 1st, Moody of the 56th and Shafer of the 48th: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions; to provide for the status and effect of the implementing law; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SR 399. By Senator Thomas of the 54th: A RESOLUTION creating the Senate Study Committee on Georgia nonprofit Organizations and Their Governmental Partnerships; and for other purposes. Referred to the Government Oversight Committee. WEDNESDAY, FEBRUARY 25, 2009 405 SR 402. By Senators Shafer of the 48th, Johnson of the 1st, Mullis of the 53rd, Williams of the 19th, Chapman of the 3rd and others: A RESOLUTION creating the Joint Telecommunications Comprehensive Reform Study Committee; and for other purposes. Referred to the Regulated Industries and Utilities Committee. The following House legislation was read the first time and referred to committee: HB 64. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 100. By Representatives Ehrhart of the 36th, Casas of the 103rd, Lunsford of the 110th and Lindsey of the 54th: A BILL to be entitled an Act to amend Title 20 and Title 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 educational improvement and student scholarship organizations; to change certain definitions; to change certain requirements regarding operation and taxation of student scholarship organizations; to provide for criminal penalties regarding student scholarship organization requirements; to revise and change certain provisions regarding the qualified education income tax credit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 120. By Representatives Smith of the 70th, Dempsey of the 13th, Talton of the 145th, Harden of the 147th, Powell 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 406 JOURNAL OF THE SENATE 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 156. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 167. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd: A BILL to be entitled an Act to amend an Act to create the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to provide an additional judge for such court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 172. By Representatives Maxwell of the 17th, Benton of the 31st, Meadows of the 5th and Maddox of the 172nd: A BILL to be entitled an Act to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to reexamination of persons receiving disability benefits under the Employees' Retirement System of Georgia, effect of refusal to undergo examination, and effect of ability to engage in gainful employment, so as to delete provisions providing for physical examinations done at a place convenient to the beneficiary; to provide that a beneficiary who has not reached the age of 60 shall submit to an examination; to provide that the amount earnable by certain disabled members shall include certain WEDNESDAY, FEBRUARY 25, 2009 407 payments that the beneficiary receives from workers' compensation; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 216. By Representatives Harden of the 147th, Roberts of the 154th, Pruett of the 144th and James of the 135th: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change certain terms of court in the Cordele Judicial Circuit; 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 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 331. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 408 JOURNAL OF THE SENATE HB 343. By Representatives Collins of the 27th, Chambers of the 81st, Martin of the 47th, Hamilton of the 23rd, Day of the 163rd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create civilian weight inspectors for motor carriers; to provide for powers and duties; to provide for restrictions of power; to provide for related matters; 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 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 159 SB 163 SR 263 Do Pass Do Pass Do Pass SR 291 Do Pass SR 300 Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 144 SR 108 SR 273 Do Pass by substitute 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: WEDNESDAY, FEBRUARY 25, 2009 409 SB 15 SR 304 Do Pass by substitute 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: SB 102 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: HB 117 SB 115 SB 151 Do Pass Do Pass Do Pass by substitute 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: SR 294 Do Pass Mr. President: Respectfully submitted, Senator Grant of the 25th District, Chairman The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 410 JOURNAL OF THE SENATE HB 373 HB 378 SB 154 Do Pass Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: HB 233 SB 2 SB 69 SB 78 SB 146 SB 156 SB 157 SB 165 SR 156 The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Thompson of the 5th Unterman of the 45th 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 Fort of the 39th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. Senator Tate of the 38th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused. The roll was called and the following Senators answered to their names: Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Harbison Harp Hawkins Heath Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,S Tolleson Weber Wiles WEDNESDAY, FEBRUARY 25, 2009 411 Not answering were Senators: Adelman Fort Ramsey (Excused) Unterman (Excused) Balfour Hamrick (Excused) Reed (Excused) Williams (Presiding) Brown Henson (Excused) Thompson, C. (Excused) The members pledged allegiance to the flag. Senator Douglas of the 17th introduced the chaplain of the day, Reverend Shirley Carpenter of Locust Grove, Georgia, who offered scripture reading and prayer. The President assumed the Chair. The following resolutions were read and adopted: SR 393. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Devin Philip Kubit; and for other purposes. SR 394. By Senator Weber of the 40th: A RESOLUTION recognizing March 2, 2009, as Georgia Association of Educators (GAE) Legislative Conference Day; and for other purposes. SR 395. By Senator Douglas of the 17th: A RESOLUTION honoring the life and memory of Mr. Ronald E. Carter; and for other purposes. SR 396. By Senator Harbison of the 15th: A RESOLUTION recognizing members of the Castille family on their football legacy; and for other purposes. SR 397. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Michael Grant, Jr.; and for other purposes. SR 398. By Senator Thomas of the 54th: A RESOLUTION recognizing February 25, 2009, as Skin Cancer Awareness Day at the state capitol; and for other purposes. 412 JOURNAL OF THE SENATE SR 400. By Senator Thomas of the 54th: A RESOLUTION commending the members of the Junior Beta Club of Bagley Middle School; and for other purposes. SR 401. By Senator Brown of the 26th: A RESOLUTION honoring the life and memory of Dr. Harold C. Johnson; and for other purposes. SR 403. By Senators Hill of the 4th, Williams of the 19th, Hudgens of the 47th, Wiles of the 37th, Tolleson of the 20th and others: A RESOLUTION honoring the life and memory of Dr. Michael Guido; and for other purposes. SR 404. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Ge Zhang; and for other purposes. Senator Cowsert of the 46th recognized Dr. David L. Levine as the Distinguished Older Georgian for 2009, commended by SR 355, adopted previously. Dr. David L. Levine addressed the Senate briefly. Senator Tate of the 38th honored the life of Lithangia S. Robinson and recognized the week of February 24, 2009, as Senior Week at the state capitol. Senator Thomas of the 54th recognized February 25, 2009, as Skin Cancer Awareness Day at the state capitol, commended by SR 398, adopted previously. Dr. Chiller 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, February 25, 2009 Twenty-third Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) WEDNESDAY, FEBRUARY 25, 2009 413 SB 154 Seabaugh of the 28th Harp of the 29th Hamrick of the 30th COWETA JUDICIAL CIRCUIT A BILL to be entitled an Act to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4254), so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 373 Murphy of the 27th Pearson of the 51st FORSYTH COUNTY A BILL to be entitled an Act to amend an Act providing for the Board of Education of Forsyth County, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, so as to provide for the election of the members of the board of education by district; to provide 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 378 Murphy of the 27th Pearson of the 51st FORSYTH COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners for Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4924), so as to provide that members of the board of commissioners shall be elected by the voters of their respective districts; to provide 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. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. 414 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 Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson,L Jackson,W Y Johnson Y Jones Y Moody Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas E Thompson,C Y Thompson,S Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 44, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Butler of the 55th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 25, 2009 TWENTY-THIRD LEGISLATIVE DAY SB 59 Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients (S&T-18th) SB 84 Local Boards of Education; election; revise provisions (Substitute) (ED&Y-31st) SB 104 Cosmetic Laser Practitioners; licensing; change certain provisions; amend definitions; consulting physicians (Substitute)(RI&U-37th) WEDNESDAY, FEBRUARY 25, 2009 415 SB 97 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration (S JUDY-25th) SB 98 Retirement; State Merit of Personnel Admin. to State Personnel Administration; change certain references (S JUDY-25th) SB 95 Insurance; establish unfair trade practice to fail to consider suitability for a person 65 years of age or older (I&L-47th) SB 23 Safety Belts; provide failure to use may be considered evidence of causation, negligence (Substitute)(JUDY-49th) SB 133 Health Share Volunteers in Medicine Act; provide certain compensation; health care provider; sovereign immunity protection (Substitute) (H&HS-49th) SB 123 Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees (I&L-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: SB 59. By Senators Staton of the 18th, Heath of the 31st, Powell of the 23rd, Orrock of the 36th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to Internet and electronic mail fraud, so as to provide definitions; to prohibit a person from using certain computers to relay or retransmit commercial e-mail messages with the intent to deceive or mislead recipients or an e-mail service provider under certain circumstances; to prohibit a person from materially falsifying header information in commercial e-mail messages under certain circumstances; to prohibit a person from registering for e-mail accounts or domain names under certain circumstances; to provide for criminal and civil penalties; to provide for forfeiture; 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. 416 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas E Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 59, having received the requisite constitutional majority, was passed. Senator Jones of the 10th introduced the doctor of the day, Dr. Sam Lorenzo. The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Chance of the 16th The Calendar was resumed. Senator Ramsey of the 43rd asked unanimous consent that he be excused from voting on SB 84 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Ramsey was excused. SB 84. By Senators Heath of the 31st, Williams of the 19th, Cowsert of the 46th, Rogers of the 21st, Johnson of the 1st 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, WEDNESDAY, FEBRUARY 25, 2009 417 so as to revise provisions relating to eligibility for election as a local board of education member; to provide for legislative findings; to limit the size of local boards of education; to revise provisions relating to per diem and expenses of local board of education members; to revise certain provisions relating to the secretary of local boards of education; to provide for the fundamental roles of local boards of education and local school superintendents; to prohibit certain conflicts of interest of board members; to provide for a code of ethics for local board of education members; 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 84: 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 eligibility for election as a local board of education member; to provide for legislative findings; to limit the size of local boards of education; to revise provisions relating to per diem and expenses of local board of education members; to revise certain provisions relating to the secretary of local boards of education; to provide for the fundamental roles of local boards of education and local school superintendents; to prohibit certain conflicts of interest of board members; to provide for a code of ethics for local board of education members; to provide for removal of board members under certain circumstances; to revise provisions relating to eligibility for appointment as a school superintendent; to revise provisions relating to training of local board of education members; to provide for submission of certain provisions 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. 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 Code section to Article 3, relating to local boards of education, to read as follows: "20-2-49. The General Assembly finds that local boards of education play a critical role in setting the policies that lead to the operation and success of local school systems. School board members hold special roles as trustees of public funds, including local, state, and federal funds, while they focus on the singular objective of ensuring each student in the local school system receives a quality basic education. Board duties require specialized skills and training in the performance of vision setting, policy making, approving 418 JOURNAL OF THE SENATE multimillion dollar budgets, and hiring a qualified superintendent. The motivation to serve as a member of a local board of education should be the improvement of schools and academic achievement of all students. Service on a local board of education is important citizen service. Given the specialized nature and unique role of membership on a local board of education, this elected office should be characterized and treated differently from other elected offices where the primary duty is independently to represent constituent views. Local board of education members, similar to judges and district attorneys, should abide by a code of conduct and conflict of interest policy modeled for their unique roles and responsibilities. And although there are many measures of the success of a local board of education, one is clearly essential: maintaining accreditation and the opportunities it allows the school system's students." SECTION 2. Said chapter is further amended by revising Code Section 20-2-51, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, as follows: "20-2-51. (a) No person shall be eligible for election as a member of a local board of education who is not a resident of the school district in which that person seeks election and of the election district which such person seeks to represent. Whenever there is in a portion of any county a local school system having a board of education of its own, receiving its pro rata of the public school fund directly from the State School Superintendent and having no dealings whatever with the local board, then the members of the board of such county shall be selected from that portion of the county not embraced within the territory covered by such local system. (b) Whenever a member of a local board of education moves that person's domicile from the district which that person represents, such person shall cease to be a member of such local board of education, and a vacancy shall occur. (c) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. (1) No person employed by a local board of education shall be eligible to serve as a member of that board of education. (2) No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. (3) No person who has an immediate family member sitting on a local board of education or serving as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system shall be eligible to serve as a member of such local board of education. As used in this paragraph, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2009. Nothing in this Code section shall affect the employment of any person who is employed by a local WEDNESDAY, FEBRUARY 25, 2009 419 school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes a local board of education member for that school system. This subsection shall not apply to institutions above the high school level. (d) In all counties of this state having a population of not less than 500,000 or more than 600,000 according to the United States decennial census of 1990 or any future such census, the members of the county boards of education taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such board should qualify at any time after December 1, 1975, for nomination or election to any other elective governmental office other than for membership on such county board, such member's position on such county board shall thereby become vacant. Such vacancy shall be filled as provided by the law applicable to any such county board. (e) No person shall be eligible for election as a member of a local board of education unless he or she: (1) Is a citizen of the United States; (2) Is a registered voter; (3) Has read and understands the code of ethics and the conflict of interest provisions applicable to members of local boards of education and has agreed to abide by them; and (4) Has agreed to annually disclose compliance with the State Board of Education's policy on training for members of local boards of education, the code of ethics of the local board of education, and the conflict of interest provisions applicable to members of local boards of education. Each person offering his or her candidacy for election as a member of a local board of education shall file an affidavit with the officer before whom such person has qualified for such election prior to or at the time of qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to this subsection. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2009. (f) No person who has been judicially determined to be mentally incompetent shall be eligible for election as a member of a local board of education unless the disability determination has been removed. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2009." SECTION 3. Said chapter is further amended by revising Code Section 20-2-52, relating to terms of office of members of local boards of education, as follows: "20-2-52. (a) Members of local boards of education shall be elected for terms of four years unless their terms are otherwise provided by local Act or constitutional amendment. (b)(1) Each local board of education shall have no more than seven members as provided by local Act. 420 JOURNAL OF THE SENATE (2) This subsection shall not apply to a local board of education whose board size exceeds seven members as provided by local constitutional amendment or federal court order or pursuant to a local law in effect prior to July 1, 2009; provided, however, that if the local law of any such local board of education is amended to revise the number of members on such board, paragraph (1) of this subsection shall apply." SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 20-2-55, relating to per diem, insurance, and expenses of local board members, as follows: "(a)(1) In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts, the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. This paragraph shall apply only to local board of education members elected or appointed prior to July 1, 2009. (2) In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at a meeting, as defined in paragraph (2) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at a meeting, as defined in paragraph (2) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts, the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2009." WEDNESDAY, FEBRUARY 25, 2009 421 SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 20-2-57, relating to organization of county boards of education, as follows: "(a) Unless otherwise provided by local law or, in the absence of local law, by local board policy, upon being called together by one of their number, the members of the local board shall organize by selecting one of their number as chairperson to serve as such during the term for which that person was chosen as a member of the local board. The local school superintendent shall act as secretary of the local board, ex officio. A majority of the local board shall constitute a quorum for the transaction of business. The votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the local board of education, provided there is a quorum present. Any action taken by less than a majority of the board members may be rescinded by a majority of the board members at the next regular meeting or within 30 days of such action, whichever is later. It shall be the duty of the superintendent or the board's nominee as secretary to be present at the meetings of the local board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct the superintendent to do. The superintendent or the board's nominee shall record cause to be recorded in a book, to be provided for the purpose, all official proceedings of the local board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairperson and countersigned by the secretary." SECTION 6. Said chapter is further amended by revising Code Section 20-2-61, which is reserved, as follows: "20-2-61. Reserved. (a) The fundamental role of a local board of education shall be to establish policy for the local school system. The fundamental role of a local school superintendent shall be to implement the policy established by the local board. It shall not be the role of the local board of education or individual members of such board to micromanage the superintendent in executing his or her duties, but it shall be the duty of the local board to hold the local school superintendent accountable in the performance of his or her duties. Local board of education members shall be required to work together with the entire local board of education and shall not have authority as independent elected officials but shall only be authorized to take official action as members of the board as a whole. Nothing in this subsection shall be construed to alter, limit, expand, or enlarge any powers, duties, or responsibilities of local boards of education, local board members, or local school superintendents. (b) Except as may be allowed by law, no local board of education shall delegate or attempt to delegate its policy-making functions." 422 JOURNAL OF THE SENATE SECTION 7. Said chapter is further amended by revising Code Section 20-2-63, which is reserved, as follows: "20-2-63. Reserved. (a)(1) No local board of education member or member of his or her immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity which is in substantial conflict with the proper discharge of his or her duties in the public interest. Compliance with Code Section 20-2-505 shall not constitute a violation of this paragraph. (2) No local board of education member shall use or attempt to use his or her official position to secure unwarranted privileges, advantages, or employment for himself or herself, members of his or her immediate family, or others. (3) No local board of education member shall act in his or her official capacity in any matter where he or she, a member of his or her immediate family, or a business organization in which he or she has an interest has a direct or material indirect financial interest that might reasonably be expected to impair his or her objectivity or independence of judgment. (4) No local board of education member shall undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his or her independence of judgment in the exercise of his or her official duties. (5) No local board of education member, or member of his or her immediate family, or business organization in which he or she has an interest shall solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing him or her, directly or indirectly, in the discharge of his or her official duties. This paragraph shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office if the local board of education member has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the local board of education member in the discharge of his or her official duties. (6) No local board of education member shall use, or allow to be used, his or her official position or any information not generally available to the members of the public which he or she receives or acquires in the course of and by reason of his or her official position for the purpose of securing financial gain for himself or herself, any member of his or her immediate family, or any business organization with which he or she is associated. (7) No local board of education member or business organization in which he or she has an interest shall represent any person or party other than the local board of education or local school system in connection with any cause, proceeding, application, or other matter pending before the local school system in which he or she WEDNESDAY, FEBRUARY 25, 2009 423 serves or in any proceeding involving the local school system in which he or she serves. (8) No local board of education member shall be prohibited from making an inquiry for information on behalf of a constituent if no fee, reward, or other thing of value is promised to, given to, or accepted by the local board of education member or a member of his or her immediate family, whether directly or indirectly, in return therefor. (9) No local board of education member shall disclose or discuss any information which is subject to attorney-client privilege belonging to the local board of education to any person other than other board members, the board attorney, the local school superintendent, or persons designated by the local school superintendent for such purposes unless such privilege has been waived by a majority vote of the whole board. (10) No member of a local board of education may jointly serve as an officer of that local board and, at the same time, be an officer of any organization that sells goods or services to that local school system, except as provided in Code Section 20-2-505. (11) No local board of education member shall be deemed in conflict with this subsection if, by reason of his or her participation in any matter required to be voted upon, no material or monetary gain accrues to him or her as a member of any profession, occupation, or group to any greater extent than any gain could reasonably be expected to accrue to any other member of that profession, occupation, or group. (b) Upon a motion supported by majority vote, a local board of education may choose to conduct a hearing concerning the violation by a local board of education member of any conflict of interest provision in subsection (a) of this Code section. The local board of education member accused of violating said provision shall have 30 days notice prior to a hearing on the matter. Said accused member may bring witnesses on his or her behalf, and the local board of education may call witnesses to inquire into the matter. If it is found by a vote of two-thirds of all the members of the board that the accused member has violated a conflict of interest provision contained in subsection (a) of this Code section, the local board shall determine an appropriate sanction, up to and including removal from office. A board member removed from office pursuant to this Code section may, within 30 days of such removal vote, appeal such decision to the State Board of Education, which shall be empowered to affirm or reverse the decision to remove such board member. The State Board of Education shall promulgate rules governing such appeal process. If a sanctioned member appeals his or her removal to the State Board of Education, that member shall remain a board member with full voting rights unless and until the State Board of Education upholds his or her removal. If the sanctioned member is removed from office, the resulting vacancy shall be filled in accordance with Code Section 20-2-54.1. The accused member shall abstain from any vote taken pursuant to this subsection. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2009. (c) As used in this Code section, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent." 424 JOURNAL OF THE SENATE SECTION 8. Said chapter is further amended by adding new Code sections to Article 3, relating to local boards of education, to read as follows: "20-2-72. (a) The State Board of Education shall adopt a model code of ethics for members of local boards of education. Such model code of ethics shall also include appropriate consequences for violation of a provision or provisions of such code. The State Board of Education may periodically adopt revisions to such model code as it deems necessary. (b) Within three months of adoption by the State Board of Education of a model code of ethics pursuant to subsection (a) of this Code section, each local board of education shall adopt a code of ethics that includes, at a minimum, such model code of ethics. Each local board of education shall incorporate into its code of ethics any revisions adopted by the State Board of Education to the model code of ethics pursuant to subsection (a) of this Code section within three months of adoption of such revisions. 20-2-73. (a) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school is placed on probation or the equivalent level of accreditation immediately preceding loss of accreditation by one or more accrediting agencies included in subparagraph (6.1)(A) of Code Section 20-3-519, the Governor may, in his or her sole discretion, suspend the members of the local board of education with pay and appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. (b) Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 90 days following suspension and no later than 120 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member. (c) Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member's continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain its accreditation. The appealing member shall be given at least 30 days notice prior to such hearing. Such hearing shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the 'agency' and the Attorney General or his or her designee shall represent the interests of the Governor in the hearing. If it is determined that it is more likely than not that the WEDNESDAY, FEBRUARY 25, 2009 425 local board of education member's continued service on the local board of education improves the ability of the local school system or school to retain its accreditation, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50. (d) This Code section shall apply only to local board of education members elected or appointed on or after July 1, 2009." SECTION 9. Said chapter is further amended by revising subsection (b) of Code Section 20-2-101, relating to appointment of county school superintendents, as follows: "(b)(1) 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. (2) No person shall be eligible to be appointed, employed, or to serve as superintendent of schools of any county or independent school system who has an immediate family member sitting on the local board of education for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009, by that school system. As used in this subsection, the term 'immediate family member' shall have the same meaning as in subsection (c) of Code Section 20-2-51. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes the superintendent for that school system." SECTION 10. Said chapter is further amended by revising subsection (b) of Code Section 20-2-230, relating to staff development programs, as follows: "(b)(1) The State Board of Education shall adopt a training program for members of local boards of education. The State Board of Education may periodically adopt revisions to such training program as it deems necessary. (2) Within three months of adoption by the State Board of Education of a training program pursuant to paragraph (1) of this subsection, each local board of education and each governing board of other local units of administration shall adopt a training program for members of such boards that includes, at a minimum, such training program and requirements established by the State Board of Education pursuant to paragraph (1) of this subsection. Each local board of education shall incorporate any revisions adopted by the State Board of Education to the training program pursuant to paragraph (1) of this subsection within three months of adoption of such revisions. All 426 JOURNAL OF THE SENATE new members of governing boards of local units of administration shall, before or within one year after assuming office, receive at least 12 hours of orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary; provided, however, that at least six of these 12 hours of training shall be specifically related to education finance, generally accepted accounting principles, and budgeting. The board of education of the Department of Juvenile Justice shall be exempt from the six hours of training in education finance, generally accepted accounting principles, and budgeting. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in cooperation with the Georgia School Boards Association or other agencies and associations, to conduct workshops annually to provide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. (3) All boards of local units of administration are authorized to pay such board members for attendance at a required training program the same per diem as authorized by local or general law for attendance at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops training, either before or after such board members assume office." SECTION 11. The Attorney General of Georgia shall cause Sections 2, 3, 7, and 8 of 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 becomes law without such approval. If, as of June 30, 2010, implementation of any of the submitted sections of this Act are not permissible under the Voting Rights Act of 1965, as amended, then as of such date, such section or sections of this Act shall be void and shall stand repealed in their entirety. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Senator Weber of the 40th offered the following amendment #1 to the committee substitute: Amend SB 84 LC 33 2999S by on line 239 (p.7), add after "Code Section 20-2-505": WEDNESDAY, FEBRUARY 25, 2009 427 "and excluding non-profit membership organizations." On the adoption of the amendment, there were no objections, and the Weber amendment #1 to the committee substitute was adopted. Senators Buckner of the 44th, Tate of the 38th, Adelman of the 42nd, Seay of the 34th, Butler of the 55th and others offered the following amendment #2 to the committee substitute: Amend the Senate Education and Youth Committee substitute to SB 84 (LC 33 2999S) by replacing line 32 with the following: Local board of education members shall abide By inserting after the period at the end of line 52 the following: The school board member shall immediately notify the secretary of the board and the county elections superintendent that he or she has moved from the district. On the adoption of the amendment, the President asked for unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, Senator Buckner of the 44th called for the yeas and nays; the call was sustained, and the vote was as follows: E Adelman Y Balfour E Brown Y Buckner N Bulloch Y Butler N Butterworth E Chance N Chapman N Cowsert N Crosby N Douglas Y Fort N Goggans Y Golden N Grant E Hamrick Y Harbison Y Harp N Hawkins N Heath E Henson Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell E Ramsey Y Reed N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson E Unterman N Weber N Wiles N Williams 428 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 22, nays 26, and the Buckner et al. amendment #2 to the committee substitute was lost. Senators Buckner of the 44th, Seay of the 34th and Tate of the 38th offered the following amendment #3 to the committee substitute: Amend the Senate Education and Youth Committee substitute to SB 84 (LC 33 2999S) by replacing line 32 with the following: By inserting on line 287 after "and" the following: the grand jury of the county in which the school district is located shall On the adoption of the amendment, the President asked for unanimous consent. Senator Heath of the 31st objected. On the adoption of the amendment, Senator Buckner of the 44th called for the yeas and nays; the call was sustained, and the vote was as follows: E Adelman N Balfour E Brown Y Buckner N Bulloch Y Butler N Butterworth E Chance Y Chapman N Cowsert N Crosby N Douglas Y Fort N Goggans Y Golden N Grant E Hamrick Y Harbison N Harp N Hawkins N Heath E Henson Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell E Ramsey Y Reed N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson E Unterman N Weber N Wiles N Williams On the adoption of the amendment, the yeas were 19, nays 29, and the Buckner et al. amendment #3 to the committee substitute was lost. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. WEDNESDAY, FEBRUARY 25, 2009 429 The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour E Brown Y Buckner Y Bulloch N Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Y Grant E Hamrick N Harbison Y Harp Y Hawkins Y Heath E Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell E Ramsey Y Reed Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 35, nays 14. SB 84, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 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 Finance 2/25/09 The State Senate Atlanta, Georgia 30334 430 JOURNAL OF THE SENATE Mr. Secretary: Please show me as voting "Aye" on SB 84. /s/ Jack Hill District 4 Senator Grant of the 25th recognized 4-H Clubs of Georgia and declared February 9, 2009, as 4-H Day at the state capitol, commended by SR 147, adopted previously. Georgia 4-H President Joshua Akins addressed the Senate briefly. At 12:20 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 Hooks of the 14th was excused for business outside the Senate Chamber. The Calendar was resumed. SB 104. By Senators Wiles of the 37th, Thomas of the 54th and Unterman of the 45th: 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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to provide the Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 104: 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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to change the requirements relating to consulting physicians; to require certain information be provided WEDNESDAY, FEBRUARY 25, 2009 431 as part of informed consent; to provide the Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; 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 43-34-242, relating to definitions relative to cosmetic laser services, as follows: "43-34-242. As used in this article, the term: (1) 'Board' means the Composite State Board of Medical Examiners created by Code Section 43-34-21. (2) 'Consulting physician' means a person licensed to practice medicine under Article 2 of this chapter and: (A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the facility with whom he or she has an agreement to provide services in accordance with Code Section 43-34-248. (3) 'Consumer' means a person on whom cosmetic laser services are or are to be performed. (4) 'Cosmetic laser practitioner' means a person licensed under this article to provide cosmetic laser services as defined in this article and whose license is in good standing. (5) 'Cosmetic laser services' means nonablative elective cosmetic light based skin care, photo rejuvenation, or hair removal using lasers and or pulsed light devices approved by the United States Food and Drug Administration for noninvasive procedures. Such services and the provision thereof shall not be considered to be the practice of medicine. (6) 'Facility' means any location, place, area, structure, office, institution, or business or a part thereof in which is performed or provided cosmetic laser services regardless of whether a fee is charged for such services. (7) 'License' means a valid and current certificate of registration issued by the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (8) 'Licensee' means any person holding a license under this article. (9) 'Medical practitioner' means a registered professional nurse, licensed practical nurse, nurse practitioner, physician's assistant, or physician. (10) 'Nurse' means a registered professional nurse, licensed practical nurse, or nurse practitioner. (11) 'Person' means a natural person." 432 JOURNAL OF THE SENATE SECTION 2. Said article is further amended by revising Code Section 43-34-244, relating to two levels of licenses 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 physician's assistant, licensed practical nurse, 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 on-site 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 physician's 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 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 WEDNESDAY, FEBRUARY 25, 2009 433 the board deems appropriate with respect to any applicant who has practiced as a cosmetic laser practitioner prior to July 1, 2007. 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: (1) 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 (2) 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. (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 3. 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 other than hair removal using lasers or pulsed light devices 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 other than hair removal using lasers or pulsed light devices being performed; provided, however, that a consulting physician may delegate the authority to perform such examination to a physician's assistant who is a licensed cosmetic laser practitioner, in accordance with a job description approved by the board, or to a registered professional nurse who is also an advanced practice registered nurse as defined in paragraph (1.1) of Code Section 43-26-3 and who is a licensed cosmetic laser practitioner, pursuant to a protocol approved by the board; and provided, further, that in facilities subject to the 434 JOURNAL OF THE SENATE provisions of Code Section 43-34-249.1 such delegation may be to a physician's assistant who is not a licensed cosmetic laser practitioner, in accordance with a job description approved by the board; 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 other than hair removal using lasers or pulsed light devices shall have a supervisor present at the facility or immediately available for consultation and supervision either personally or via telecommunications. The supervisor shall supervise the performance of all cosmetic laser services performed by a person other than the consulting physician. The 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 other than hair removal using lasers or pulsed light devices shall post a sign listing the consulting physician's name, emergency contact number, his or her board certification and specialty, and the address of his or her principal place of practice, 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 person's name, emergency contact number, his or her degrees and qualifications, and the type of cosmetic laser practitioner license held." SECTION 4. 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 customer's 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, degrees and qualifications held by, and type of license licenses obtained by the individual who will be performing the cosmetic laser service has obtained;, and with respect to cosmetic laser services other than hair removal, 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) With respect to cosmetic laser services other than hair removal, the emergency WEDNESDAY, FEBRUARY 25, 2009 435 contact information for the consulting physician and the address of his or her principal place of practice. (a.1) After receiving each cosmetic laser service other than hair removal, 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 consumer's 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 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 5. Said article is further amended by adding a new Code section to read as follows: "43-34-249.1. The board shall have the authority to waive the requirements of subsection (c) of Code Section 43-34-248 and paragraph (5) of subsection (a) of Code Section 43-34-249 for facilities offering cosmetic laser services which serve as a principal place of practice at which a physician regularly sees patients if medical services are regularly performed at such facilities. For purposes of this Code section, 'medical services' shall mean the general and usual services and care rendered and administered by a physician." SECTION 6. 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 and specialized in a field with expertise in the biologic behavior of the skin. 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 436 JOURNAL OF THE SENATE 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 7. 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 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 Y Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed On the passage of the bill, the yeas were 47, nays 0. Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams SB 104, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, FEBRUARY 25, 2009 437 SB 97. By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the designation of the State Merit System of Personnel Administration to the State Personnel Administration; 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 Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 47, nays 0. SB 97, having received the requisite constitutional majority, was passed. SB 98. By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th: 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 certain references to the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes. 438 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 January 20, 2009 The Honorable Johnny Grant State Senator Coverdell Legislative Office Building, Room 321-A Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 98 (LC 21 0075) Dear Senator Grant: This bill would amend provisions relating to retirement and pensions under the Employees' Retirement System, the Teachers Retirement System, the Legislative Retirement System, the Judicial Retirement System, and the State Employees' Assurance Department. Specifically, this bill would change all references relating to the State Merit System of Personnel Administration to the State Personnel Administration. This is to certify that this bill 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: WEDNESDAY, FEBRUARY 25, 2009 439 Y Adelman Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 49, nays 0. SB 98, having received the requisite constitutional majority, was passed. 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 95. By Senators Unterman of the 45th, Thomas of the 54th, Chapman of the 3rd, Butler of the 55th and Tate of the 38th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to establish that it is an unfair trade practice to fail to consider the suitability of insurance for a person 65 years of age or older; to provide for requirements for the solicitation, negotiation, and procurement of annuity contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Hudgens of the 47th offered the following amendment #1: Amend SB 95 by inserting on line 4 after "contracts;" the following: to provide for applicability; By striking the double quotation marks at the end of line 168. 440 JOURNAL OF THE SENATE By adding immediately following line 168 the following: (g) Nothing in this Code section shall be construed as overriding or limiting any regulation of the department in effect as of the effective date of this Code section to the extent that such regulation provides for consumers other than senior consumers." On the adoption of the amendment, there were no objections, and the Hudgens 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson E Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 95, having received the requisite constitutional majority, was passed as amended. SB 23. By Senators Hawkins of the 49th, Pearson of the 51st, Murphy of the 27th, Butterworth of the 50th, Thomas of the 54th and others: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption WEDNESDAY, FEBRUARY 25, 2009 441 systems, so as to provide that the failure to use safety belts may be considered evidence of causation, negligence, and contributory negligence; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 23: A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to change the definition of the term "passenger vehicle"; to provide that the failure to use safety belts shall not be a basis for the cancellation of insurance coverage or an increase in rates; 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 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, is amended by revising subsections (a) and (d) of Code Section 40-876.1, relating to use of safety belts in passenger vehicles, 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, and sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or pickup trucks being used by an owner, driver, or occupant 18 years of age or older in connection with agricultural pursuits that are usual and normal to the user's farming operation 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." "(d) The failure of an occupant of a motor passenger vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be considered evidence of negligence or causation, shall not otherwise be considered by the finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 442 JOURNAL OF THE SENATE Senators Hawkins of the 49th and Wiles of the 37th offered following amendment #1 to the committee substitute: Amend the Senate Judiciary Committee substitute to SB 23 (LC 21 0282S) by striking lines 3 through 5 and inserting in lieu thereof the following: energy absorption systems, so as to provide that the failure to use safety belts may be considered evidence of causation, negligence; to repeal conflicting By striking lines 11 through 22 and inserting in lieu thereof the following: absorption systems, is amended by revising subsection (c) of Code Section 40-8-76, relating to safety belts required as equipment and safety restraints for children four years of age or younger, as follows: "(c) Violation of this Code section shall not constitute may be considered evidence of negligence per se nor or contributory negligence per se. Violation of subsection (b) of this Code section shall not be the basis for cancellation of coverage or increase in insurance rates." SECTION 1.2. Said part is further amended by revising subsection (d) of Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, as follows: Senator Harp of the 29th moved that SB 23 be postponed indefinitely pursuant to Senate Rule 6-4.1. Senator Seabaugh of the 28th objected. On the motion, the yeas were 16, nays 25; the motion lost, and SB 23 was not postponed indefinitely. On the adoption of the amendment, Senator Harp of the 29th called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman Y Balfour E Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert N Crosby Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson N Jones Y Rogers Y Seabaugh Y Seay Y Shafer N Sims N Smith Y Staton N Stoner N Tarver N Tate Y Thomas WEDNESDAY, FEBRUARY 25, 2009 443 Y Douglas N Fort Y Goggans N Golden Y Grant E Hamrick N Harbison N Harp Y Moody N Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed N Thompson,C N Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the adoption of the amendment, the yeas were 34, nays 17, and the Hawkins, Wiles 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 Buckner N Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert N Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison N Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody N Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton Y Stoner N Tarver N Tate Y Thomas 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 39, nays 12. SB 23, having received the requisite constitutional majority, was passed by substitute. 444 JOURNAL OF THE SENATE SB 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; 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 133: 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; 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 in Code Section 31-8-192, relating to definitions, by revising paragraph (1) as follows: "(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. Payments made to a health care provider who is an individual staff member of a safety net clinic shall not constitute compensation under this article if such individual health care provider's total compensation package, including all cash and noncash remunerations, does not fluctuate in relation to the number of patients served, patient visits, or treatments or any other factor relating to the number of patient contacts or services rendered and the individual health care provider or his or her employing safety net clinic does not receive compensation from any public or private third-party payor, including medicare, Medicaid, and private insurers, for the specific services provided to the low-income recipients covered by the contract." WEDNESDAY, FEBRUARY 25, 2009 445 SECTION 2. Said article is further amended in Code Section 31-8-192, relating to definitions, by adding a new subsection to read as follows: "(9.1) 'Safety net clinic' means a health care clinic which provides primary care outpatient services only, such as chronic disease management, vaccinations, and dental care, and which does not provide care or services which are considered to be primarily emergency care and services but which provides an alternative to emergency room visits for low-income patients for nonemergency medical services and which meets requirements established by the department; provided, however, that this term shall not include federally qualified health centers as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hawkins of the 49th offered the following amendment #1 to the committee substitute: Amend the Senate Health and Human Services Committee substitute to SB 133 (LC 33 2963S) by striking lines 16 through 24 and inserting in lieu thereof the following: constitute compensation under this article. Payments made to the following health care providers delivering health care services pursuant to a contract under this article in a safety net clinic shall not constitute compensation under this article if such health care provider or the safety net clinic does not receive compensation from any public or private third-party payor, including medicare, Medicaid, and private insurers, for the specific services provided to the low-income recipients covered by the contract: (A) A registered nurse or licensed practical nurse employed by a safety net clinic if such nurse's total compensation package, including all cash and noncash remunerations, does not fluctuate in relation to the number of patients served, patient visits, or treatments or any other factor relating to the number of patient contacts or services rendered; or (B) A licensed physician or medical resident who is on staff at a local or regional hospital which provides such physician or resident to the safety net clinic for purposes of providing health care services during extended hours or on week-ends pursuant to a contract under this article; provided, however, that the physician or resident does not receive any compensation from the safety net clinic." On the adoption of the amendment, there were no objections, and the Hawkins 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. 446 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 49, nays 1. Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams SB 133, having received the requisite constitutional majority, was passed by substitute. SB 123. By Senators Hawkins of the 49th, Murphy of the 27th, Hudgens of the 47th, Thomas of the 54th, Williams of the 19th 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 regulation and licensure of pharmacy benefits managers by the Commissioner of Insurance; to provide for definitions; to provide for license requirements and filing fees; to provide for requirements and procedures affecting pharmacy benefits managers; to require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; 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: WEDNESDAY, FEBRUARY 25, 2009 447 Y Adelman Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 51, nays 0. SB 123, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st moved that the Senate adjourn until 11:00 a.m. Thursday, February 26, 2009. The motion prevailed, and the President announced the Senate adjourned at 2:44 p.m. 448 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 26, 2009 Twenty-fourth Legislative Day The Senate met pursuant to adjournment at 11:00 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 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 50. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, so as to provide for certain notification requirements when a death occurs in a different county than where the acts or events resulting in the death occurred; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 101. By Representatives Hamilton of the 23rd, Smith of the 129th, Everson of the 106th, Graves of the 12th, Glanton of the 76th and others: A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the erection, placement, or maintenance of unlawful or unauthorized structures, so as to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 26, 2009 449 HB 149. HB 170. HB 229. HB 434. By Representatives Jones of the 46th, Hembree of the 67th, Dempsey of the 13th, Powell of the 171st, Harden of the 147th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to enact the "Move on When Ready Act"; to provide for definitions; to provide a program for eleventh and twelfth grade students to attend postsecondary colleges and schools for high school credit; to provide for notice to parents and students of the program; to provide requirements for course credit; to provide for state funding; to provide for testing; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Lane of the 167th and Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, so as to change the amount of annual rental fees from fair market value to a fixed rate; to provide for annual fee adjustments; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representatives Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Kaiser of the 59th, Ashe of the 56th 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 an annual fitness assessment and to comply with state physical education instruction requirements; to provide for reporting of results; to provide for an annual report to the Governor; to provide for a recognition program; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from certain Unified Government of Athens-Clarke County ad valorem taxes for Unified Government purposes and certain Clarke County school district ad valorem taxes for educational purposes approved April 13, 1992 (Ga. L. 1992, p. 6241), so as to change the definition of 450 JOURNAL OF THE SENATE HB 437. HB 449. HB 496. homestead for purposes of such exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment and compensation of a clerk of the magistrate court; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Clarke County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 65 years of age or older approved April 25, 2002 (Ga. L. 2002, p. 5009), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Hill of the 21st, Byrd of the 20th, Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Woodstock; 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 an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 26, 2009 451 HB 502. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th: 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, so as to provide a method for selecting the judge and personnel of the municipal court; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 66. By Senator Harp of the 29th: A BILL to be entitled an Act to amend an Act to reconstitute the Meriwether County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, so as to stagger the terms which members of the board are elected; to provide that members in office shall continue to serve for the remainder of their terms; to change vacancy provisions; to provide for related matters; to provide for 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 209. By Senators Hawkins of the 49th, Goggans of the 7th and Thomas of the 54th: 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 limit a pharmacist from substituting a drug as part of immunosuppressive therapy; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 210. By Senators Johnson of the 1st, Hudgens of the 47th, Cowsert of the 46th, Goggans of the 7th, Weber of the 40th and others: A BILL to be entitled an Act to amend Code Section 20-2-306 of the Official Code of Georgia Annotated, relating to the honors program and residential high school program, so as to include home schooled students among those students eligible to participate in the student honors program; to provide for related 452 JOURNAL OF THE SENATE matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 211. By Senators Johnson of the 1st, Pearson of the 51st, Harbison of the 15th and Crosby of the 13th: 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 the general authority, duties, and procedure for state purchasing, so as to exempt certain purchases from having to go through the Department of Administrative Services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 212. By Senators Stoner of the 6th, Jackson of the 2nd, Seay of the 34th, Thompson of the 33rd and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to the employer's liability for injuries to railroad employees, so as to provide standards for motor common or contract carriers transporting railroad employees; 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 213. By Senators Wiles of the 37th, Shafer of the 48th, Pearson of the 51st and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to specify manufacturer liability in certain cases; 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. SB 214. By Senators Cowsert of the 46th and Douglas of the 17th: A BILL to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to THURSDAY, FEBRUARY 26, 2009 453 provide that certain persons employed as county jail officers shall be eligible for membership in such fund; to provide for creditable service for prior service as a county jail officer; to provide for the payment of employer contributions with interest thereon; 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. SR 406. By Senators Buckner of the 44th, Williams of the 19th, Seay of the 34th, Henson of the 41st, Jackson of the 24th and others: A RESOLUTION urging educational agencies, associations, boards, and commissions involved in the accreditation process for school systems in grades kindergarten through 12 to adopt policies and procedures that permit a fair opportunity for school systems to submit necessary documentation; and for other purposes. Referred to the Education and Youth Committee. SR 422. By Senators Mullis of the 53rd, Balfour of the 9th, Golden of the 8th, Tarver of the 22nd, Jackson of the 2nd and others: A RESOLUTION requesting that the board of directors of the Georgia Lottery Corporation develop methods to increase funding available for the Georgia HOPE scholarship program through its lottery revenue and that it provide the Senate with a report of its suggestions and findings; and for other purposes. Referred to the Higher Education Committee. SR 427. By Senators Reed of the 35th, Seay of the 34th, Orrock of the 36th and Thompson of the 33rd: 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. Referred to the Finance Committee. 454 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 50. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, so as to provide for certain notification requirements when a death occurs in a different county than where the acts or events resulting in the death occurred; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 101. By Representatives Hamilton of the 23rd, Smith of the 129th, Everson of the 106th, Graves of the 12th, Glanton of the 76th and others: A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the erection, placement, or maintenance of unlawful or unauthorized structures, so as to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; 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 149. By Representatives Jones of the 46th, Hembree of the 67th, Dempsey of the 13th, Powell of the 171st, Harden of the 147th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to enact the "Move on When Ready Act"; to provide for definitions; to provide a program for eleventh and twelfth grade students to attend postsecondary colleges and schools for high school credit; to provide for notice to parents and students of the program; to provide requirements for course credit; to provide for state funding; to provide for testing; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 170. By Representatives Lane of the 167th and Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or THURSDAY, FEBRUARY 26, 2009 455 water bottoms, so as to change the amount of annual rental fees from fair market value to a fixed rate; to provide for annual fee adjustments; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. HB 229. By Representatives Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Kaiser of the 59th, Ashe of the 56th 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 an annual fitness assessment and to comply with state physical education instruction requirements; to provide for reporting of results; to provide for an annual report to the Governor; to provide for a recognition program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 434. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from certain Unified Government of Athens-Clarke County ad valorem taxes for Unified Government purposes and certain Clarke County school district ad valorem taxes for educational purposes approved April 13, 1992 (Ga. L. 1992, p. 6241), so as to change the definition of homestead for purposes of such exemptions; 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 437. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment and compensation of a clerk of the magistrate 456 JOURNAL OF THE SENATE court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 449. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Clarke County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 65 years of age or older approved April 25, 2002 (Ga. L. 2002, p. 5009), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 496. By Representatives Hill of the 21st, Byrd of the 20th, Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Woodstock; 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 502. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th: 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. THURSDAY, FEBRUARY 26, 2009 457 L. 1990, p. 3560), as amended, so as to provide a method for selecting the judge and personnel of the municipal court; 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 57 SB 131 SB 141 Do Pass by substitute Do Pass by substitute 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 90 SB 114 SB 137 Do Pass Do Pass Do Pass SB 178 Do Pass SR 153 Do Pass by substitute Respectfully submitted, Senator Weber of the 40th 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 202 Do Pass HB 210 Do Pass SB 176 Do Pass SB 177 Do Pass Respectfully submitted, Senator Heath of the 31st District, Chairman 458 JOURNAL OF THE SENATE 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 366 HB 383 HB 384 Do Pass Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th 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 200 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 117 SB 15 SB 102 SB 115 SB 144 SB 151 SB 159 SB 163 SR 108 SR 263 SR 273 SR 291 SR 294 SR 300 SR 304 The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Thompson of the 33rd Unterman of the 45th The roll was called and the following Senators answered to their names: Adelman Balfour Buckner Bulloch Butterworth Chance Chapman Heath Henson Hill,Jack Hooks Hudgens Jackson,L Jackson,W Rogers Seabaugh Seay Shafer Sims Smith Staton THURSDAY, FEBRUARY 26, 2009 459 Crosby Douglas Fort Goggans Golden Grant Harbison Harp Hawkins Johnson Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Not answering were Senators: Stoner Tarver Thomas Thompson,C Tolleson Weber Wiles Williams Brown Hamrick Tate Butler Hill, Judson (Excused) Thompson, S. (Excused) Cowsert Jones Unterman (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Jones Tate The members pledged allegiance to the flag. Senator Staton of the 18th introduced the chaplain of the day, Reverend Ronald Slaughter of Macon, Georgia, who offered scripture reading and prayer. The President introduced the doctor of the day, Dr. Melinda Willingham. The following resolutions were read and adopted: SR 405. By Senator Tate of the 38th: A RESOLUTION honoring the life of Ms. Lithangia S. Robinson and recognizing the week of February 24, 2009, as Senior Week at the state capitol in her memory; and for other purposes. SR 407. By Senators Jones of the 10th, Douglas of the 17th and Buckner of the 44th: A RESOLUTION recognizing and commending Mr. Keith McBrayer; and for other purposes. SR 408. By Senators Jones of the 10th and Butler of the 55th: A RESOLUTION recognizing and commending Pastor Jermaine A. Smith; and for other purposes. 460 JOURNAL OF THE SENATE SR 409. By Senators Johnson of the 1st, Chapman of the 3rd and Jackson of the 2nd: A RESOLUTION commending Gulfstream Aerospace Corporation on the 50th anniversary of its first flight; and for other purposes. SR 410. By Senators Johnson of the 1st, Jackson of the 2nd and Tolleson of the 20th: A RESOLUTION recognizing and commending Corporal Curtis Wright; and for other purposes. SR 411. By Senator Pearson of the 51st: A RESOLUTION commending Kevin Kells, West Forsyth High School's 2009 STAR Student; and for other purposes. SR 412. By Senator Pearson of the 51st: A RESOLUTION commending Juan P. Estrada, South Forsyth High School's 2009 STAR Student; and for other purposes. SR 413. By Senator Pearson of the 51st: A RESOLUTION commending Jennifer Whitaker, White County High School's 2009 STAR Student; and for other purposes. SR 414. By Senator Pearson of the 51st: A RESOLUTION commending James Cribbs, Lumpkin County High School's 2009 STAR Student; and for other purposes. SR 415. By Senator Pearson of the 51st: A RESOLUTION commending Robert G. Scott III, Forsyth Central High School's 2009 STAR Student; and for other purposes. SR 416. By Senator Pearson of the 51st: A RESOLUTION commending Erika Langley Bunpermkoon, Union County High School's 2009 STAR Student; and for other purposes. SR 417. By Senator Pearson of the 51st: A RESOLUTION commending Allison Wood, Fannin County High School's 2009 STAR Student; and for other purposes. THURSDAY, FEBRUARY 26, 2009 461 SR 418. By Senator Pearson of the 51st: A RESOLUTION commending Courtney Rebecca Sanford, Gilmer High School's 2009 STAR Student; and for other purposes. SR 419. By Senator Pearson of the 51st: A RESOLUTION commending Ally Orr, Dawson County High School's 2009 STAR Student; and for other purposes. SR 420. By Senator Pearson of the 51st: A RESOLUTION commending Andrew Paul Bishop, Pickens High School's 2009 STAR Student; and for other purposes. SR 421. By Senators Adelman of the 42nd and Hawkins of the 49th: A RESOLUTION congratulating the Emory University Eagles on winning the 2008 NCAA Division III Volleyball National Championship; and for other purposes. SR 423. By Senators Sims of the 12th, Tarver of the 22nd, Buckner of the 44th, Seay of the 34th, Butler of the 55th and others: A RESOLUTION commending The Links, Incorporated, and recognizing March 4, 2009, as Links Day at the state capitol; and for other purposes. SR 424. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending Marx Reid Gaines; and for other purposes. SR 425. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending John Daniel Culbreth; and for other purposes. SR 426. By Senators Cowsert of the 46th, Hudgens of the 47th, Goggans of the 7th and Powell of the 23rd: A RESOLUTION commending Darius O'Brien Weems and recognizing Thursday, March 5, 2009, as Duchenne Muscular Dystrophy Day at the state capitol; and for other purposes. 462 JOURNAL OF THE SENATE SR 428. By Senators Chapman of the 3rd, Bulloch of the 11th and Cowsert of the 46th: A RESOLUTION recognizing and commending Mrs. Jane Fraser Fulcher; and for other purposes. SR 429. By Senators Chapman of the 3rd, Bulloch of the 11th and Cowsert of the 46th: A RESOLUTION honoring the life and memory of Mrs. Beatrice Farve; and for other purposes. Senator Douglas of the 17th recognized Richard Ingram on earning his commission as Second Lieutenant in the United States Army, commended by SR 89, adopted previously. Richard Ingram addressed the Senate briefly. Senator Murphy of the 27th recognized Ralph E. Sheppard, commended by SR 163, adopted previously. Ralph E. Sheppard addressed the Senate briefly. Senator Murphy of the 27th recognized Sergeant First Class Scott Short, commended by SR 164, adopted previously. Sergeant First Class Scott Short addressed the Senate briefly. Senator Thomas of the 54th asked unanimous consent that the following resolution be withdrawn from the Senate Government Oversight Committee and committed to the Senate Health and Human Services Committee: SR 399. By Senator Thomas of the 54th: A RESOLUTION creating the Senate Study Committee on Georgia nonprofit Organizations and Their Governmental Partnerships; and for other purposes. The consent was granted, and SR 399 was committed to the Senate Health and Human Services Committee. Senator Staton of the 18th recognized Dr. Bruce Stuart Allen for his accomplishments and on the occasion of his appointment as the first Honorary Consul of the Principality of Liechtenstein, commended by SR 114 and SR 115, adopted previously. Dr. Bruce Stuart Allen addressed the Senate briefly: President of the Senate Cagle, Majority Leader Rogers, Democratic Leader Brown, Senator Staton, Ladies and Gentlemen of the Senate and Guests... On behalf of His Highness Hans Adam II and the Government of the Principality of THURSDAY, FEBRUARY 26, 2009 463 Liechtenstein, it is indeed my honor and pleasure to be here today to receive this generous resolution of commendation. The government of Liechtenstein now has four Consulates in the world, two in the US and two in Germany, the US and Germany being Liechtenstein's largest trading partners. However, as this resolution notes, the Georgia consulate where I am Head of Post was the first to be inaugurated. It was not by happenstance that Georgia was chosen to be the site of the first Liechtenstein Consulate. Instead, it was out of recognition of the leading role that Georgia plays in the modern economic engine of the southern United States. My consular region encompasses all ten southern and southeastern US states. If my consular region were a stand-alone entity, it would be roughly the sixth largest economy in the world and, as everyone in this room realizes, Georgia is the de facto capitol of that economic engine. It is largely because of the visionary leadership and legislation put forth by this august body, the Georgia Senate, that we enjoy this prominent position in our nation. I am honored to be a Citizen of the Great State of Georgia and I look forward to doing my part in the furthering of our economic vision abroad. My wife, Dr. Jennifer Allen, is with me today. I want to thank her for taking time from her very busy medical practice to be here, and let me say that without her love, support, and advice, my job would simply not be possible. So, let me close by again thanking all of you for this great opportunity and honor. Senator Cowsert of the 46th was excused for business outside the Senate Chamber. Senator Butler of the 55th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused. The 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 26, 2009 Twenty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 464 JOURNAL OF THE SENATE HB 366 Hill of the 4th METTER-CANDLER COUNTY AIRPORT AUTHORITY A BILL to be entitled an Act to amend an Act creating and establishing the Metter-Candler County Airport Authority, approved March 25, 1986 (Ga. L. 1986, p. 4638), as amended, so as to modify provisions relating to minimum meeting requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 383 Hill of the 4th BULLOCH COUNTY A BILL to be entitled an Act to create a board of elections and registration for Bulloch County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 384 Hawkins of the 49th Butterworth of the 50th TOWN OF MAYSVILLE A BILL to be entitled an Act to amend an Act revising, consolidating, and amending the several Acts incorporating the Town of Maysville, approved May 18, 2007 (Ga. L. 2007, p. 3995), so as to change the terms of office of two councilmembers; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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: THURSDAY, FEBRUARY 26, 2009 465 Y Adelman Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman E Cowsert Y Crosby 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 Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles 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. Senator Rogers of the 21st moved to engross HB 233, which was on today's Senate Rules Calendar. Senator Adelman of the 42nd objected. On the motion, the yeas were 31, nays 16, the motion prevailed, and HB 233 was engrossed. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Mullis of the 53rd Smith of the 52nd Senator Pearson of the 51st asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. SENATE RULES CALENDAR THURSDAY, FEBRUARY 26, 2009 TWENTY-FOURTH LEGISLATIVE DAY 466 JOURNAL OF THE SENATE SB 68 Alcoholic Beverages; counties/municipalities; prohibition against sale within 100 yards of housing authority property; provide an exception (Substitute)(RI&U-27th) SB 69 Sexual Exploitation; expand the definition (Substitute)(JUDY-1st) SB 70 Election; reporting of certain campaign contributions; require special expedited reporting (ETHICS-14th) SB 78 Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Div. director (Substitute)(NR&E-20th) SB 156 Georgia Trauma Care Network Commission; extensively revise duties; definitions; funding priorities; abolish Georgia Trauma Trust Fund (Substitute)(H&HS-18th) SB 164 State Highway System; signs and signals; height limitations; allow owners to obtain permits to remove vegetation from the viewing zones (Substitute)(TRANS-9th) SB 165 Community Health; authorized to obtain income eligibility verification from Revenue Dept.; Medicaid and PeachCare for Kids Program (Substitute)(H&HS-7th) SR 49 "Employee Free Choice Act"; urge U.S. Congress to oppose any efforts to adopt (RULES-52nd) HB 233 Ad valorem tax; property; change certain definitions (Substitute)(FIN-21st) Lindsey-54th 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 68. By Senators Murphy of the 27th, Harp of the 29th, Golden of the 8th, Grant of the 25th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near THURSDAY, FEBRUARY 26, 2009 467 churches, school buildings, or other sites, so as to provide that counties and municipalities may by resolution or ordinance provide an exception from the prohibition against the sale of alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; 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 68: A BILL TO BE ENTITLED AN ACT To amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that counties and municipalities with approval of the local housing authority board of commissioners may by resolution or ordinance provide an exception from the prohibition against the sale of alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; 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 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, is amended by revising subsection (e) as follows: "(e)(1) As used in this subsection, the term 'housing authority property' means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law.' (2) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; provided, however, that counties and municipalities with the approval of the local housing authority board of commissioners are authorized by resolution or ordinance to exempt such counties and municipalities from the application of this subsection and provide for such sales. This subsection shall not apply at any location for which a license has been issued prior to July 1, 2000, nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 468 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 N Balfour E Brown N Buckner N Bulloch N Butler N Butterworth Chance N Chapman E Cowsert Y Crosby Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L N Jackson,W Y Johnson N Jones Y Moody E Mullis Y Murphy Y Orrock Y Pearson Powell Ramsey N Reed Y Rogers Y Seabaugh N Seay N Shafer Y Sims E Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 32, nays 14. SB 68, having received the requisite constitutional majority, was passed by substitute. SB 69. By Senators Unterman of the 45th, Murphy of the 27th, Balfour of the 9th, Hudgens of the 47th, Williams of the 19th and others: A BILL to be entitled an Act to amend Titles 19 and 49 of the Official Code of Georgia Annotated, relating to domestic relations and social services, respectively, so as to expand the definition of "sexual exploitation"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 26, 2009 469 The Senate Judiciary Committee offered the following substitute to SB 69: A BILL TO BE ENTITLED AN ACT To amend Titles 19 and 49 of the Official Code of Georgia Annotated, relating to domestic relations and social services, respectively, so as to expand the definition of "sexual exploitation"; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising paragraph (4) of subsection (b) of Code Section 19-7-5, relating to reporting of child abuse, as follows: "(4) 'Sexual exploitation' means conduct by a child's parent or caretaker any person who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100." SECTION 2. Said title is further amended by revising paragraph (12) of Code Section 19-15-1, relating to definitions relative to child abuse, as follows: "(12) 'Sexual exploitation' means conduct by a child's parent or caretaker any person who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100." SECTION 3. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (4) of subsection (a) of Code Section 49-5-40, relating to definitions relative to child abuse and deprivation records, as follows: "(4) 'Sexual exploitation' means conduct by a child's parent or caretaker any person who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 470 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 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 Buckner Y Bulloch Y Butler Y Butterworth Chance Y Chapman E Cowsert Y Crosby 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 E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody E Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims E Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 48, nays 0. SB 69, having received the requisite constitutional majority, was passed by substitute. SB 70. By Senators Hooks of the 14th, Adelman of the 42nd, Jackson of the 2nd, Harbison of the 15th, Ramsey, Sr. of the 43rd 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 finance regulation and disclosure, so as to require special expedited reporting of certain campaign contributions; to provide that the contributions subject to such reporting shall be those where there exists a contractual, grant, or regulatory relationship THURSDAY, FEBRUARY 26, 2009 471 between the contributor and the office of the public officer or candidate for public office; to define terms; to provide for the manner and contents of reports; to provide for civil enforcement; 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 Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman E Cowsert Y Crosby 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 E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 50, nays 0. SB 70, having received the requisite constitutional majority, was passed. Senator Reed of the 35th was excused for business outside the Senate Chamber. SB 78. By Senators Tolleson of the 20th, Golden of the 8th, Wiles of the 37th, Stoner of the 6th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment 472 JOURNAL OF THE SENATE for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 78: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, is amended by adding a new part to read as follows: "Part 3 12-8-100. This part shall be known and may be cited as the 'Georgia Voluntary Remediation Program Act.' 12-8-101. (a) It is declared to be the public policy of the State of Georgia to encourage the voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels, to protect current and likely future use of groundwater, and to ensure the cost-effective allocation of limited resources that THURSDAY, FEBRUARY 26, 2009 473 fully accomplish the provisions, purposes, standards, and policies of this part. (b) The General Assembly declares its intent to encourage voluntary and cost-effective investigation and remediation of qualifying properties under this part and that provisions of this part shall apply and take precedence over any conflicting provisions, regulations, or policies existing under Part 2 of this article with regard to any properties properly enrolled in the voluntary remediation program created under this part. 12-8-102. (a) Unless otherwise provided in this part, the definition of all terms included in Code Sections 12-8-62, 12-8-92, and 12-8-202 shall be applicable to this part. (b) As used in this part, the term: (1) 'Cleanup standards' means those rules and regulations adopted by the board pursuant to Code Section 12-8-93. (2) 'Constituents of concern' means the specific regulated substances that may contribute to unacceptable exposure at a site. (3) 'Controls' means institutional controls or engineering controls. (4) 'Engineering controls' means any physical mechanism, device, measure, system, or actions taken at a property that minimize the potential for exposure, control migration or dispersal, or maintain the effectiveness of other remedial actions. Engineering controls may include, without limitation, caps, covers, physical barriers, containment structures, leachate collection systems, ground water or surface water control systems, solidification, stabilization, fixation, slurry walls, vapor control systems, signs, point-of-use treatment, fences, and barrier-like property development features such as pavements, buildings, walls, and other structures. (5) 'Exposure' means contact of a constituent of concern with a receptor. (6) 'Exposure domain' means the contaminated geographical area or areas of a site that can result in exposure to a particular receptor by a specified exposure pathway: the soil exposure domain for routine surficial contact with site soils is the soil area impacted by site constituents of concern from the ground surface down to a depth of two feet below ground surface; the soil exposure domain for exposure of construction workers or underground utility workers is the impacted area of site soils from the ground surface down to the depth of construction; and the soil exposure domain for protection of groundwater at an established point of exposure is the impacted area of site soils from the ground surface down to the uppermost groundwater zone. (7) 'Exposure pathway' means a route by which a receptor comes into contact with a constituent of concern. (8) 'Fate and transport parameters' means quantitative factors that describe the various media through which constituents of concern migrate from a source of release to a receptor. (9) 'Institutional controls' means legal or administrative measures that minimize the potential for human exposure to contaminants of concern or protect and enhance the integrity of a remedy or engineering controls. Examples include, without restriction: easements, covenants, deed notices, well drilling or groundwater use prohibitions, 474 JOURNAL OF THE SENATE zoning restrictions, digging restrictions, orders, building permit conditions, and landuse restrictions. (10) 'Point of demonstration wells' means monitoring wells located between the source of site groundwater contamination and the actual or estimated downgradient point of exposure. (11) 'Point of exposure' means the nearest of the following locations: (A) The closest existing down gradient drinking water supply well; (B) The likely nearest future location of a downgradient drinking water supply well where public supply water is not currently available and is not likely to be made available within the foreseeable future; or (C) The hypothetical point of drinking water exposure located at a distance of 1000 feet downgradient from the delineated site contamination under this part. (12) 'Receptor' means any human or sensitive organism which is or has the reasonable potential to be adversely affected by the release of constituents of concern. (13) 'Representative concentration' means the average concentration to which a specified receptor is exposed over an exposure duration within a relevant exposure domain for soils or at an established or estimated point of exposure for groundwater and consistent with United States Environmental Protection Agency guidance for determination of average exposure concentration. (14) 'Voluntary remediation program' means the program established under this part. (15) 'Voluntary remediation property' means a qualifying property enrolled in the voluntary remediation program. (16) 'Technical impracticability' means the inability to fully delineate or remediate contamination without incremental expenditures disproportionate to the incremental benefit. An example may include, without limitation, dense non-aqueous phase liquids in fractured bedrock settings. 12-8-103. The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as necessary to provide for the investigation and remediation of voluntary remediation properties, to the extent necessary to facilitate the accomplishment of the provisions, purposes, standards, and policies of this part. 12-8-104. (a) The director shall have the power and duty: (1) To make determinations, in accordance with procedures and criteria enumerated in this part, as to whether a property qualifies and an applicant is eligible for the voluntary remediation program; (2) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, voluntary remediation plans; (3) To approve, in accordance with procedures and criteria enumerated in this part THURSDAY, FEBRUARY 26, 2009 475 and rules and regulations promulgated pursuant to this part, compliance status reports; (4) To concur with certifications of compliance; (5) To collect application fees from participants; and (6) To grant waivers of all or any portion of the fees provided by this part for any small business or for any county, municipality, or other political subdivision of this state. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper. 12-8-105. In order to be considered a qualifying property for the voluntary remediation program under this part, a property shall meet the following criteria: (1) The property must be listed on the inventory under Part 2 of this article or be a property which meets the criteria of Code Section 12-8-205 or otherwise have a release of regulated substances into the environment; (2) The property shall not: (A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency; or (C) Be a facility required to have a permit under Code Section 12-8-66; (3) Qualifying the property under this part would not violate the terms and conditions under which the division operates and administers remedial programs by delegation or similar authorization from the United States Environmental Protection Agency; and (4) Any lien filed under subsection (e) of Code Section 12-8-96 or subsection (b) of Code Section 12-13-12 against the property shall be satisfied or settled and released by the director pursuant to Code Section 12-8-94 or Code Section 12-13-6. 12-8-106. (a) In order to enroll any qualifying property in the voluntary remediation program described in this part, an applicant shall submit to the director a voluntary remediation plan prepared by a registered professional engineer or a registered professional geologist who is registered with the State Board of Registration for Professional Engineers and Land Surveyors or the State Board of Registration for Geologists and who has experience in responsible charge of the investigation and remediation of such releases. The voluntary remediation plan shall be in such streamlined form as may be prescribed by the director; provided, however, that the plan shall, at minimum, enumerate and describe those actions planned to bring the qualifying property into compliance with the applicable cleanup standards, with one or more registered professionals to be retained by the applicant at its sole cost to oversee the investigation 476 JOURNAL OF THE SENATE and remediation described in the plan; all in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program. The voluntary remediation plan shall be considered an application for enrollment in the voluntary remediation program, and a nonrefundable application fee of $5,000.00 shall be submitted with the application. (b) Upon the director's approval of the voluntary remediation plan described in subsection (a) of this Code section, the qualifying property shall be deemed enrolled, and the applicant deemed a participant, in the voluntary remediation program. It shall be the responsibility of the participant to cause one or more registered professionals to oversee the implementation of said plan in accordance with the provisions, purposes, standards, and policies of this part. The registered professional shall submit at least semi-annual status reports to the director describing the implementation of the plan during the preceding period. Upon request of the applicant, the director shall have the discretion to approve annual or longer periods for submittal of status reports. Within 30 days of the director's approval of the voluntary remediation plan described in subsection (a) of this Code section, the director shall cause the relevant voluntary remediation property to be designated on the inventory under Part 2 of this article as undergoing corrective action pursuant to the voluntary remediation program. (c) The participant may terminate at any time the enrollment of the property in the voluntary remediation program and the participant's requirements under this part. The director may terminate, at any time prior to approval of the compliance status report described in subsection (d) of this Code section, the enrollment of the property in the voluntary remediation program and the participant's requirements under this part if the director determines that either: (1) The participant has failed without justification to implement the voluntary remediation plan in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program; or (2) Such continued enrollment would result in a condition which poses an imminent threat to human health and the environment. (d) Upon completion of corrective action under this Code section, the participant shall cause to be prepared a compliance status report confirming consistency of the corrective action with the provisions, purposes, standards, and policies of the voluntary remediation program and certifying the compliance of the relevant voluntary remediation property with the applicable cleanup standards in effect at the time. (e) Upon receipt of the compliance status report described in subsection (d) of this Code section, a decision of concurrence with the report and certification shall be issued on evidence satisfactory to the director that it is consistent with the provisions, purposes, standards, and policies of the voluntary remediation program. The participant shall comply with the applicable public participation requirements for compliance status reports as promulgated pursuant to Part 2 of this article. Within 90 days of the director's written concurrence, the director shall cause the property to be removed from the inventory under Part 2 of this article. (f) In addition to other provisions of this part: THURSDAY, FEBRUARY 26, 2009 477 (1) The director shall remove the voluntary remediation property from the inventory if the participant demonstrates to the director at the time of enrollment, in accordance with rules and regulations promulgated by the board pursuant to Part 2 of this article, that a release exceeding a reportable quantity does not exist at the voluntary remediation property, unless the director issues a decision that such release poses an imminent threat to human health and the environment; (2) The participant shall not be required to perform corrective action or to certify compliance for groundwater if the voluntary remediation property was listed on the inventory as a result of a release to soil exceeding a reportable quantity for soil but was not listed on the inventory as a result of a release to groundwater exceeding a reportable quantity, and if the participant further demonstrates to the director at the time of enrollment that a release exceeding a reportable quantity for groundwater does not exist at the voluntary remediation property; and the groundwater protection requirements for soils shall be based on protection of the established point of exposure for groundwater as provided under this part; and (3) The limitations provided under subparagraph (c)(3)(B) of Code Section 12-2-2 shall not apply to the director's decisions or actions under this part. 12-8-107. At the participant's option, any or all of the following standards and policies may be considered and used in connection with the investigation and remediation of a voluntary remediation property under this part: (1) SITE DELINEATION CONCENTRATION CRITERIA. Satisfactory evidence of the definition of the horizontal and vertical delineation of soil or groundwater contamination for the purposes of this part may be determined on the basis of any of the following concentrations: (A) Upper limit concentrations from samples that are representative of local ambient or anthropogenic background conditions not affected by the subject site release; (B) Soil concentrations less than those concentrations that require notification under standards promulgated by the board pursuant to Part 2 of this article; (C) Two times the laboratory lower detection limit concentration using an applicable analytical test method recognized by the United States Environmental Protection Agency, provided that such concentrations do not exceed all cleanup standards; (D) For metals in soils, the upper limit concentration reported for Georgia undisturbed native soil background samples as reported in the United States Geological Survey (USGS) Open File Report 8 1-197 (Boerngen and Shacklette, 1981), or such later version as may be adopted by rule or regulation of the board; or (E) Cleanup standards; (2) EXPOSURE PATHWAY. A site-specific exposure pathway shall be considered complete if there are no discontinuities in or impediments to constituent of concern movement, including without limitation controls, from the source of the release to the 478 JOURNAL OF THE SENATE receptor. Otherwise, the exposure pathway shall be incomplete and there shall be no exposure pathway that requires evaluation; (3) REPRESENTATIVE EXPOSURE CONCENTRATIONS. Compliance with sitespecific cleanup standards shall be determined on the basis of representative concentrations of constituents of concern in soils across each applicable soil exposure domain, and the representative concentrations for groundwater at a point of exposure; (4) POINT OF DEMONSTRATION MONITORING FOR GROUNDWATER. Concentrations of site-specific constituents of concern in groundwater shall be measured and evaluated at a point of demonstration well to demonstrate that groundwater concentrations are protective of any established downgradient point of exposure; (5) CLEANUP STANDARDS FOR SOIL. Compliance with site-specific cleanup standards for soil may be based on: (A) Direct exposure factors for surficial soils within two feet of the land surface; (B) Construction worker exposure factors for subsurface soils to a specified subsurface construction depth; and (C) Soil concentrations for protection of groundwater criteria (at an established point of exposure for groundwater as defined under this part) for soils situated above the uppermost groundwater zone. Whenever such depth-specific soil criteria are applied, the voluntary remediation plan for the site shall include a description of the continuing actions and controls necessary to maintain compliance; (6) AVAILABLE CLEANUP STANDARDS. Any cleanup standard lawfully promulgated pursuant to Code Section 12-8-93 that is protective of human health and the environment and accomplishes the provisions, purposes, standards, and policies of this part without demonstrating that a different cleanup standard is inappropriate or impracticable; (7) FATE AND TRANSPORT PARAMETERS. Compliance with site-specific cleanup standards may be determined on the basis of any fate and transport model recognized by the United States Environmental Protection Agency or United States Geological Survey and using most probable representative values for model parameters as adopted by the board; (8) SOURCE MATERIAL. Compliance with site-specific cleanup standards that require that source material be removed may be satisfied when such material is removed, decontaminated, or otherwise immobilized in the subsurface, to the extent practicable; and (9) TECHNICAL IMPRACTICABILITY. Site delineation or remediation beyond the point of technical impracticability shall not be required if the site does not otherwise pose an imminent threat to human health and the environment." SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. THURSDAY, FEBRUARY 26, 2009 479 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: N Adelman Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman E Cowsert Y Crosby Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison N Harp Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 45, nays 2. SB 78, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Chip Pearson District 51 321-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Transportation Administrative Affairs Appropriations Rules Insurance and Labor Assignments 480 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 2/26/09 Secretary of the Senate- RE: SB 78 I voted YEA (green) on SB 78 at 12:20 p.m. and vote did not register. Please record as such. Thank you. /s/ Chip Pearson District 51 Senator Tommie Williams, President Pro Tempore, assumed the Chair. SB 156. By Senators Staton of the 18th, Adelman of the 42nd, Thomas of the 54th, Goggans of the 7th, Golden of the 8th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to extensively revise the duties of the Georgia Trauma Care Network Commission; to revise definitions relating to trauma care; to provide for duties of the State Office of EMS/Trauma relating to the state-wide trauma network; to revise funding priorities; to abolish the Georgia Trauma Trust Fund; to establish the State Office of EMS/Trauma; 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 156: 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 extensively revise the duties of the Georgia Trauma Care Network Commission; to revise definitions relating to trauma care; to provide for duties of the State Office of EMS/Trauma relating to the state-wide trauma network; to revise funding priorities; to abolish the Georgia Trauma Trust Fund; to establish the State Office of EMS/Trauma; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 26, 2009 481 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by revising Article 5, relating to the Georgia Trauma Care Network Commission, as follows: "ARTICLE 5 31-11-100. As used in this article, the term: (1) 'Readiness' means: (A) Maintaining a hospital's designation as a trauma center and its readiness to treat seriously injured patients at any time; (B) Maintaining multispecialty medical staff support for trauma patient care; 24 hour operating room availability; necessary staff in the emergency department, laboratory, and radiology department to maintain 24 hour availability; trauma center management support; training of providers; trauma physician support personnel; injury prevention and outreach programs; social services and family support; and transportation services; (C) Equipment necessary to maintain trauma center status; (D) Providing uncompensated care to trauma patients by a trauma center due to its status as a designated trauma center; (E) Maintaining a communications system among trauma care providers, trauma centers, and emergency medical services providers to assure prompt access to the most appropriate trauma center; and (F) Emergency medical services to support ambulance service availability for transport of trauma patients. (2) 'State Office of EMS/Trauma' means the office established pursuant to Code Section 31-11-13. (1)(3) 'Trauma center' means a facility which is: (A) Designated designated by the Department of Human Resources State Office of EMS/Trauma as a Level I, II, III, or IV trauma center pursuant to rules and regulations established by the Georgia Trauma Care Network Commission; or (B) Designated by the State Office of EMS/Trauma as a burn center pursuant to rules and regulations established by the Georgia Trauma Care Network Commission. (4) 'Trauma network' or 'network' means the state-wide trauma system established pursuant to this article of emergency medical services providers, trauma centers, and physicians and other health care personnel providing care at a trauma center. Such trauma network shall be designed to provide emergent care within a system planning and policy-making structure at local, regional, and state levels; consist of a comprehensive communications system among network members; and be designed to 482 JOURNAL OF THE SENATE ensure prompt delivery of appropriate trauma care for the state. The network may include, if appropriate, members outside the state but in close proximity to the state. (2)(5) 'Trauma patient' means a patient who, if presenting at a trauma center, would qualify for is on the State Trauma Registry pursuant to rules and regulations established by the Georgia Trauma Care Network Commission or the National Trauma Registry of the American College of Surgeons. (3) 'Trauma service codes' means the ICDA-9-CM discharge codes designated as trauma service codes by the American College of Surgeons, Committee on Trauma. (4)(6) 'Uncompensated care' means care provided by a designated trauma center, emergency medical services provider, or physician treatment provided to a trauma patient as defined by the Georgia Trauma Care Network Commission who by a designated trauma center or by physicians or other health care personnel providing care at a trauma center or transportation provided to a trauma patient by an ambulance service that meets rules and regulations established by the Georgia Trauma Care Network Commission when such patient: (A) Has no medical insurance, including federal Medicare Part B coverage; (B) Is not eligible for medical assistance coverage; (C) Has no medical coverage for trauma care through workers' compensation, automobile insurance, or any other third party, including any settlement or judgment resulting from such coverage; and (D) Has not paid at least 10 percent of total charges for the trauma care provided by the trauma provider after documented attempts by the trauma care services provider to collect payment. 31-11-101. (a) There is created the Georgia Trauma Care Network Commission which is assigned to the Department of Human Resources department for administrative purposes only, as prescribed in Code Section 50-4-3. The commission shall consist of nine members who shall be appointed as provided in this Code section. Five members shall be appointed by the Governor. The Governor shall include among his or her appointees a physician who is actively involved in providing emergency trauma care, a representative of a hospital that is a designated trauma center, and a representative of a state 9-1-1 zone licensed emergency medical services provider. Two members shall be appointed by the Lieutenant Governor. Two members shall be appointed by the Speaker of the House of Representatives. In making the initial appointments, the Governor shall appoint three members for a term of four years and two members for a term of two years, the Lieutenant Governor shall appoint one member for a term of four years and one member for a term of two years, and the Speaker of the House of Representatives shall appoint one member for a term of four years and one member for a term of two years. Thereafter, persons appointed to succeed the initial members shall serve four-year terms of office. The Governor shall appoint one of the members to serve as the chairperson of the commission. (b) The commission shall meet upon the call of the chairperson or upon the request of THURSDAY, FEBRUARY 26, 2009 483 three members. The commission shall organize itself as it deems appropriate and may elect additional officers from among its members. (c) Any vacancy on the commission shall be filled for the unexpired term by appointment by the original appointing authority. (d) Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual reasonable transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. 31-11-102. (a) The Georgia Trauma Care Network Commission shall have the following responsibilities: (1) To review and recommend funding sources that will ensure maintenance of the state-wide trauma network to include fees, waiver programs, and increases in Medicaid reimbursement; (2) To allocate funds, capped by the amount appropriated or received for the purposes of the commission, based on a fee or grant schedule which takes into consideration the number and severity of patients served and the percentage of patients receiving uncompensated care. The commission shall have discretion to give added weight in the funding formula to support trauma centers which incur a greater burden of uncompensated care; (3) With the support and expertise of the State Office of EMS/Trauma and outside parties as needed, to formulate policy and establish guidelines which shall govern the development, operations, and evaluation of the state-wide trauma network; (4) To create and update on an annual basis a strategic plan for operations and expansion of a state-wide trauma network with the goal that all hospitals with an emergency room will become a part of the trauma network with at least a Level IV designation; (5) To establish and monitor outcomes measures and accountability standards for the trauma network as a whole and for individual trauma network members based on best practices and findings reported by the State Office of EMS/Trauma; and (6) To annually report to the Governor and the General Assembly all activities relating to the trauma network. (b) The Georgia Trauma Care Network Commission shall have the establish policy for the State Office of EMS/Trauma in carrying out the following duties and responsibilities: (1) To serve as the lead agency, under the commission's policy-making authority, for trauma network development, operations, and evaluation in Georgia, including serving as the regulatory and administrative authority for the trauma network; 484 JOURNAL OF THE SENATE (1)(2) 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 appropriated or donated for purposes of the readiness, operation, maintenance, and oversight of a state-wide trauma network. The commission's annual distributions for the trauma network 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)(3) For the first two fiscal years in which funds are appropriated to the commission for distribution, to distribute such funds in the following areas with the priority for distribution to be set by majority vote of the commission. To distribute such funds based on the priority for distribution established by the commission. (A) These priorities shall include the following order of priorities for state funds, recognizing that the state's primary obligation is to establish readiness: (A) Physician uncompensated trauma care services provided in designated trauma centers; (B) Emergency medical service uncompensated trauma care services provided to patients transported to designated trauma centers; (C) Uncompensated trauma care services of designated trauma centers; (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. (i) Supporting readiness of a state-wide trauma network; (ii) Strengthening emergency medical services, particularly in rural areas; (iii) Developing state-wide trauma transfer/communications systems; (iv) Building trauma network infrastructure within the State Office of EMS/Trauma; and (v) Establishing mechanisms to assure exceptional accountability. (B) Other priorities may include, as set by majority vote of the commission and only after the priorities in subparagraph (A) of this paragraph are distributed, the following, with any available funds: (i) Support for costs of recruiting and maintaining physician support for maintaining readiness; (ii) Support for costs of uninsured trauma patients who are treated in a designated trauma center and who need care in a rehabilitation center; (iii) Support for costs of uninsured patients who require burn care in a designated burn center; (iv) Support for costs of telemedicine used at a trauma center; (v) Support for initiatives to reduce traumatic injury in Georgia; (vi) Support for planning, policy development, and administration by the commission; and (vii) Support for costs to assure accountability for funds expended pursuant to this paragraph; THURSDAY, FEBRUARY 26, 2009 485 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; (4) To distribute the funds allocated by the commission pursuant to paragraph (2) of subsection (a) of this Code section; (5) To annually prepare a proposed budget based on the prioritized needs established by the commission. The proposed budget shall be approved by majority vote of the commission. Nothing in this Code section shall be construed to grant authority to the commission to approve or reject the actual budget for the State Office of EMS/Trauma; and (3)(6) To develop, implement, and administer, and maintain a system to compensate designated trauma centers for a portion of their cost of readiness through in which participants submit a detailed statement of readiness costs in order to receive a semiannual distribution of funds, with criteria for uncompensated care assuring that from the Georgia Trauma Trust Fund in a standardized amount determined by the commission. The standardized amounts shall be determined 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. 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 All other resources must be are exhausted before the trauma funds are allocated and that the appropriate funds represent the payor of last resort; and (C)(B) Criteria assuring that trauma Trauma funds must be are used to meet a verified need that assists the trauma center to maintain a trauma center designation; (C) Trauma funds are used for reimbursement for services provided by designated trauma centers and the physicians providing services at such trauma centers and for emergency medical services providers who transport trauma patients without regard to a hospital's designation; and (D) Trauma funds used for reimbursement for trauma care costs are 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 or another fee schedule approved by the commission. (c) With the approval of the commission, the State Office of EMS/Trauma is authorized to contract with third parties to effectuate its duties under this Code section. (4) To develop, implement, administer, and maintain a system to provide additional designated trauma center compensation to cover trauma center costs not associated 486 JOURNAL OF THE SENATE 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; (C) Criteria assuring that the distribution of trauma funds will result in the applicant's achieving a trauma designation as defined by the commission within the time frame specified on the application; THURSDAY, FEBRUARY 26, 2009 487 (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 applicant's 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) 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 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 488 JOURNAL OF THE SENATE 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) To coordinate its activities with the Department of Human Resources; (11) To employ and manage staff and consultants in order to fulfill its duties and responsibilities under this article; (12) 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; (13) To coordinate, assist, establish, maintain, and administer programs designed to educate the citizens of this state on trauma prevention; (14) To coordinate and assist in the collection of data to evaluate the provision of trauma care services in this state; (15) 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) To employ an executive director and other staff and to establish duties and responsibilities of such persons. 31-11-103. 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." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "31-11-13. There is hereby established the State Office of EMS/Trauma which shall have such duties as assigned to it by the department and by law." 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: THURSDAY, FEBRUARY 26, 2009 489 Y Adelman Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman E Cowsert Y Crosby 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 E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed On the passage of the bill, the yeas were 49, nays 0. Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams SB 156, having received the requisite constitutional majority, was passed by substitute. SB 164. By Senators Balfour of the 9th, Tarver of the 22nd, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, so as to provide for certain height limitations on such signs; to allow owners of legally erected and maintained signs to obtain permits to remove vegetation from the viewing zones of their signs if certain specified conditions are met; to provide for procedures, fees, and penalties related to the foregoing; to provide for stages of implementation by department districts; to provide for severability; 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 164: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, so as 490 JOURNAL OF THE SENATE to provide for certain height limitations on such signs; to allow owners of legally erected and maintained signs to obtain permits to remove vegetation from the viewing zones of their signs if certain specified conditions are met; to provide for procedures, fees, and penalties related to the foregoing; to provide for stages of implementation by department districts; to provide for severability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, is amended in Code Section 32-6-75, relating to restrictions on outdoor advertising signs authorized by Code Sections 32-6-72 and 32-6-73, by striking "or" at the end of paragraph (20) of subsection (a), by striking the period at the end of paragraph (21) of subsection (a) and inserting in lieu thereof a semicolon, and by adding at the end of subsection (a) two new paragraphs to read as follows: "(22) After July 1, 2009, exceeds 75 feet in height as measured from the base of the sign or the crown of the adjacent roadway to which the sign is permitted, whichever is higher. Preexisting signs in excess of 75 feet in height shall not be deemed nonconforming by reason of their height; or (23) After July 1, 2009, is erected without the sign owner providing, on or before 30 days after the completion of construction, one copy of the structural drawings of the sign structure stamped and signed by a registered professional engineer licensed in the State of Georgia to the department for its records." SECTION 2. Said part is further amended in Code Section 32-6-75.3, relating to applications for tree trimming permits and annual renewals and criteria for trimming trees or vegetation, by revising subsection (b) and paragraph (1) and subparagraph (A) of paragraph (2) of subsection (e), as follows: "(b)(1) So as to promote these objectives and in accordance with the provisions of this Code section, the commissioner shall provide by rule or regulation for the issuance and annual renewal of permits for the trimming and removal of trees and other vegetation on the state rights of way within viewing zones with respect to outdoor advertising signs legally erected and legally maintained adjacent to said rights of way. Such rules and regulations shall include, without limitation, standards for survival of vegetation trimmed or planted. (2) So as to ensure that no vegetation maintenance permits are issued for the purpose of creating new outdoor advertising signs, no owner of outdoor advertising signs erected after January 1, 1999, or such owner's agent, will be eligible to make application for vegetation maintenance for a period of five years from the date a new sign is permitted." THURSDAY, FEBRUARY 26, 2009 491 "(e)(1) The department shall evaluate each application for a permit under this Code section and require as a condition of granting any permit under this Code section that the value of the landscaping to be either provided or paid for by the applicant is not less than the department's appraised value of the benefit to be conferred by the state upon the applicant by allowing the trimming or removing of trees or other vegetation as requested, which shall be the value of the trees or vegetation to be trimmed or removed; provided, however, that a permit may be granted to an otherwise qualified applicant in a case where the value of the landscaping to be either provided or paid for by the applicant is less than the department's appraised value of the trees or other vegetation to be trimmed or removed if, in addition, the applicant pays to the department an amount equal to the amount of the difference between the value of the landscaping to be either provided or paid for by the applicant and the department's appraised value of the trees or other vegetation to be trimmed or removed outdoor advertising permit holder submit a vegetation fee of $4,000.00, minus the costs associated with acquiring, installing, and maintaining the replacement landscaping as submitted by the outdoor advertising permit holder and approved by the department, which shall be deposited in the Roadside Enhancement and Beautification Fund for grants approved by the Roadside Enhancement and Beautification Council for roadside beautification projects. Such funds shall not be used to plant vegetation that will block or diminish motorists' view of outdoor advertising signs. (2)(A)(i) No trees or vegetation shall be trimmed or removed under this Code section other than within a viewing zone. (ii) No removal of any hardwood tree having a diameter outside bark of more than 8 inches at a height of 6 inches above ground level or any historic or endangered species tree or any tree planted as part of any local, state, or federal government project shall be permitted under this Code section. (iii) All hardwood trees having a diameter outside bark of 8 inches or less at a height of 6 inches above ground level may be removed from within a viewing zone. (iv) All nonhardwood trees may be removed from within a viewing zone for a combined total of 250 feet horizontal distance parallel to the right of way. (v) All nonhardwood trees having a diameter outside bark of less than 12 inches at a height of 6 inches above ground level may be removed from within a viewing zone. (vi) Pine trees having a diameter outside bark of 12 inches or more at a height of 6 inches above ground level shall not be removed from a viewing zone in such numbers as to reduce stocking to less than the minimum standard for full stocking for such trees, as determined by the Georgia Forestry Commission, over an area having a combined total of not less than 250 feet horizontal distance parallel to the right of way. (vii) The provisions of divisions (iv) and (vi) of this subparagraph notwithstanding, in the case of any outdoor advertising sign erected on or before April 20, 1998, and which is less than 35 feet in height as measured from the top 492 JOURNAL OF THE SENATE of the sign to the ground directly beneath or to the road level, whichever distance results in the best view or the greatest elevation, or which is subsequently lowered to such a height, the horizontal distance of the area within the viewing zone from which all trees, other than hardwoods having a diameter outside the bark of more than 8 inches at a height of 6 inches above ground level, may be removed shall be increased to 350 feet." SECTION 3. Said part is further amended by adding a new Code section to read as follows: "32-6-75.4. (a) As used in this Code section, the term: (1) 'Abandoned sign' means any sign adjacent to a state-controlled route that has not contained a message for 12 consecutive months and which has not had a message displayed within 30 days after receipt of notice by certified mail from the department. The addition of a 'for rent' panel or a phone number does not qualify as a 'message' for purposes of this Code section, but self-promotional advertisements by the sign owner and advertising copy benefitting charitable, nonprofit, religious, or other noncommercial groups shall qualify. (2) 'Beautification plan' means an agreement between the department and the outdoor advertising permit holder describing the replacement landscaping which will be installed at the work site by the permit holder, listing the type or types of trees to be planted, the size of such plantings, and the numbers of each tree type. (3) 'Removal' or 'removed' means the elimination of trees or other vegetation from a viewing zone. (4) 'Replacement landscaping' means department approved vegetation that is purchased and then planted and maintained in the area of the right of way where vegetation which has been removed pursuant to a vegetation permit previously existed. (5) 'Self-promotional advertisement' means an advertisement covering substantially all of at least one advertising surface of a sign and including more than simply a phone number. Copy covering only a fraction of the surface of a sign, or copy including only a phone number, shall not be a self-promotional advertisement. (6) 'Viewing zone' means a conical area extending from the base of the sign to the roadway which shall not exceed: (A) Two hundred seventy-five feet in width at the point of the right of way fence or boundary; and (B) Five hundred feet in width along the edge of the roadway pavement. To any extent such definition differs from Code Section 32-6-75.3(C), this definition shall govern. (7) 'Work site' means the specific section of the right of way between the beginning and end point of the approved location where vegetation removal shall be performed. (b) In accordance with the provisions of this Code section, the department shall issue a THURSDAY, FEBRUARY 26, 2009 493 permit for the removal of vegetation located on the right of way of any controlled highway system adjacent to a sign which was legally erected under a department permit prior to July 1, 2009, whenever such vegetation prevents a viewing zone to the sign from the main traveled way of such highway. (c) Permit requirements: (1) No vegetation shall be removed under this Code section other than that which lies within a viewing zone. The conditions of vegetation removal pursuant to this Code section shall in no way be limited pursuant to limitations found in Code Section 32-675.3. (2) No more vegetation shall be removed pursuant to a vegetation permit than is necessary to ensure that a sign has a viewing zone. Any remaining vegetation in the viewing zone shall not be removed. The outdoor advertising permit holder shall be able to remove vegetation within the original scope of the permit without the need for future applications when an annual renewal fee of $50.00 has been waived by the department or consistently paid for all years after the original permit date. (3) No vegetation along the right of way of a highway shall be removed by any nondepartment personnel other than in accordance with a permit issued under this Code section. (4) In order to obtain a vegetation permit for signs which exceed 75 feet in height, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, the owner of the sign must agree to reduce the sign to 75 feet in height or less within 30 days of removing vegetation in accordance with a vegetation permit. The department shall have the authority to revoke the sign permit of any permit holder who does not lower the sign within 30 days of removing the vegetation. Signs which exceed 75 feet in height, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, that are not reduced in height within such time frame shall be subject to the penalties outlined in this Code section, and the performance bond shall be forfeit. Lowering a sign pursuant to this paragraph shall be permitted irrespective of otherwise applicable ordinances or regulations. Upon completion of any project which reduces sign height by use of a new support mechanism, such as a new pole, the sign owner shall provide the department a written footer inspection from the applicable local or county or a licensed engineer. (5) The department shall have the right to refuse to issue any vegetation permits to any person, firm, or entity which the department determines is maintaining or is allowing to be maintained any abandoned signs, until such abandoned signs are removed or brought into compliance with this part. (6) No permit holder shall have in their inventory of signs in Georgia any sign which depicts sexually suggestive imagery, obscene material, as that term is defined in Code Section 16-12-80, or material that is in direct conflict with the local jurisdiction's obscenity ordinance. (7) No removal of any landmark, historic, or specimen tree species shall be permitted under this Code section. For purposes of this paragraph, the term: 494 JOURNAL OF THE SENATE (A) 'Landmark tree' means a tree or group of trees that: (i) Were planted and maintained for educational purposes for more than 75 years; (ii) Were planted as a memorial to an individual, group, event, or cause and are more than 75 years old; or (iii) Symbolize a historically significant individual, place, event, or contribution, as recognized by a unit of local government. (B) 'Historic tree' means a tree or group of trees that are reasonably determined by the department to be: (i) Identified by a unit of local government to recognize an individual or group; (ii) Located at the site of a historic event and significantly impact an individual's perception of the event; (iii) Dated to the time of a historic event at the location of the tree, as identified by a unit of local government; or (iv) Confirmed as the progeny of a tree that meets any of the above criteria. (C) 'Specimen tree' means a hardwood tree or group of hardwood trees that is determined to be in excess of 75 years of age as determined by a registered forester or arborist. (8) No removal of any tree planted prior to January 1, 2009, as part of any local, state, or federal government or specifically identified beautification project shall be permitted under this Code section unless written approval is obtained from the sponsoring jurisdiction. (9) When vegetation is removed and the department determines that no replacement landscaping shall be installed in the viewing zone, all root masses must remain intact in order to ensure there is no soil disturbance. All substantial deposits of saw dust and wood chip piles created from the removal of vegetation must be evenly distributed on the work site. (10) The department shall deny a vegetation permit application to the extent: (A) The application is for the opening of view to a sign which is illegal or is currently involved in litigation with the department; (B) The vegetation was planted as a designated noise barrier, visual barrier, or to provide erosion control, in which case the application shall be approved only to allow cutting which will not remove such planted vegetation; (C) The proposed removal would open views to a commercial junkyard for automotive vehicles, in which case the application shall be approved only to allow cutting which will not further expose the junkyard to motorists; or (D) The work site is within 1,000 feet of a state-designated scenic area. (11) Replacement landscaping: (A) In exchange for permission to remove existing vegetation as outlined in this Code section, the outdoor advertising permit holder shall acquire, install, and maintain replacement landscaping and adhere to the policy set forth by the department in coordination with interested parties after the enactment of the program. The vegetation fee, as proscribed in paragraph (1) of subsection (e) of this Code section, shall be offset by the costs associated with such replacement THURSDAY, FEBRUARY 26, 2009 495 landscaping. The department shall not provide any funds to the applicant if the applicant's replacement landscaping planting and maintenance costs exceed $4,000.00. (B) The location of replacement landscaping replanting shall be in the area of the work site from the pavement of the traveled way to the right of way fence or boundary. Taller growing species of vegetation may be replaced with approved lower growing varieties within the limits of the work site. (C) Replacement landscaping shall consist of the planting of trees from the list approved by the department. In coordination with interested parties, the department shall establish such a list on or before the effective date of this Code section and it shall be subject to revision from time to time. All replacement tree plantings must be installed during the months of September, October, or November. The department shall differentiate trees according to preferred geographic area of the state, if any, and maximum height at maturity. For the safety of wildlife and motorists, the department shall exclude from the approved list any trees that are known to attract deer. An approved replacement landscaping plan shall require the planting of trees in a ratio of twenty-two trees from the department's approved list for each site a vegetation permit is granted on the right of way. Tree species may only be approved to the extent their height at maturity will not obscure the clear viewing zone. All single-stemmed replacement trees shall be a minimum of six feet tall at the time of planting, and multi-stemmed vegetation shall be a minimum of three feet tall. If the department determines the applicant's site is not feasible for the default tree replanting plan, the department shall consider the acceptance of a wildflower planting equal to two times the cleared vegetation area, provided the minimal area of the wildflower garden is no smaller than an area of 5,000 square feet. The costs of the wildflower planting shall be paid for and maintained by the permit holder and installed during the appropriate planting seasons as determined by the department and in conjunction with any existing wildflower program for that area and should be located at the work site or at a more feasible area to the work site as determined by the department. (D) The department prior to promulgation and in coordination with interested parties shall establish a policy regarding the installation and maintenance of all replacement landscaping to be installed by outdoor advertising permit holders. (E) All replacement landscaping must be installed during the next full planting season. Outdoor advertising permit holders shall be responsible for erosion control methods as determined by the local Environmental Protection Division authority in cases where the vegetation program goes into effect after the full planting season has begun. (F) The installation of replacement landscaping must follow federal, state, and local watering guidelines. If such guidelines make the installation of replacement landscaping unfeasible, then a vegetation permit shall still be issued, provided that the outdoor advertising permit holder submits the vegetation fee which shall be deposited in the Roadside Enhancement and Beautification Fund for roadside 496 JOURNAL OF THE SENATE beautification projects. (G) The department may determine that the work site is ineligible for replacement landscaping based on local standards, unique terrain, or public safety concerns. In such a case, a vegetation permit shall be issued, provided that the outdoor advertising permit holder submits the full vegetation fee which shall be deposited in the Roadside Enhancement and Beautification Fund for roadside beautification projects. Such funds shall not be used to plant vegetation that will block or diminish motorists' view of outdoor advertising signs. (H) The outdoor advertising permit holder has a duty to maintain the replacement landscaping for two years from the last date of installation. If the outdoor advertising permit holder fails to maintain the replacement landscaping as provided for in this Code section, the performance bond outlined in subparagraph (d)(2)(G) of this Code section shall be forfeited. If the outdoor advertising permit holder renews the permit pursuant to paragraph (3) of subsection (d) of Code Section 32-6-75.4 for any period after two years, the permit holder shall be required to maintain the replacement landscaping during the renewal term. (d) Permit application process and fees: (1) A vegetation permit must be secured prior to performing any vegetation removal. The permit shall be effective for one year from the date of issuance. Any permitted work not completed during that year shall require the submission of a new application to complete. (2) Permit applications for vegetation removal will be made by the outdoor advertising permit holder upon the forms prescribed and provided by the department and shall contain the signature of the outdoor advertising permit holder. A separate application must be submitted for each work site. The application must contain all required information before a permit will be granted. The following is a list of all required information that must be submitted with the application form: (A) The name, address, telephone number, facsimile number, and e-mail address of the outdoor advertising permit holder; (B) The name, phone number, and address of the property owner, if easily obtainable; (C) The sign's state permit number; (D) A detailed site plan identifying at a minimum the following items: (i) The requested limits of the work site for the proposed vegetation removal; (ii) A detailed identification of the requested action, such as removal; (iii) The proposed viewing zone; (iv) The right of way line within the work site; (v) The method by which work crews will access the right of way; (vi) Proposed method for securing the site on a temporary basis; (vii) The edge of pavement line within the work site; (viii) A scale showing the actual distances indicated in the site plan; and (ix) A table or key identifying vegetation or other icons indicated on the site plan; (E) Photographic images of the sign and the existing vegetation at the work site; THURSDAY, FEBRUARY 26, 2009 497 (F) A certification that all work performed under the permit will be in accordance with the department's policy regarding replacement landscaping installed by the outdoor advertising permit holder; and (G) An acknowledgment by the outdoor advertising permit holder that a performance bond in an amount adequate to ensure the completion of the installation and maintenance of the replacement landscaping and any required sign height reduction must be obtained prior to work beginning. After issuance of the vegetation permit but before any work begins, the original performance bond must be submitted to the department. Work performed without a bond in place shall violate this Code section and be subject to penalties as provided by this Code section. The performance bond shall be released upon final inspection and acceptance of the work by the department. (3) An application fee in the amount of $500.00 shall accompany the application, and both the application and fee shall be submitted to the department. Proceeds from initial application fees shall be retained by the department for outdoor advertising regulatory purposes. There shall be an annual renewal fee of $50.00 if the outdoor advertising permit holder requests to remove vegetation within the original scope of the permit without the need for future applications. Renewal fees shall be deposited in the Roadside Enhancement and Beautification Fund for grants approved by the Roadside Enhancement and Beautification Council governments for roadside beautification. Such funds shall not be used to plant vegetation that will block or diminish motorists' view of outdoor advertising signs. Renewal fees shall be due for each calendar year following the issuance of the vegetation permit and will be due within 45 days of receipt of a renewal notice from the department. (4) Within 60 days following receipt of the complete vegetation permit application, the department shall approve or deny the application. If the application is approved, the applicant shall be issued a permit. If the application is denied, the department shall advise the outdoor advertising permit holder, in writing, of the reasons for denial. If the department fails to approve or deny such application within 60 days of receipt, it shall be deemed approved. (e) Vegetation fee: (1) In accordance with subsection (e) of Code Section 32-6-75.3, the outdoor advertising permit holder shall submit a vegetation fee in an amount equal to $4,000.00 minus the costs associated with acquiring, installing, and maintaining the replacement landscaping which shall be submitted by the outdoor advertising permit holder and approved by the department. The costs and expenses associated with acquiring, installing, and maintaining replacement landscaping shall be described in the registered forester's or arborist's signed, written report submitted in conjunction with the application. No adjustment to the vegetation fee shall be made after the permit has been approved. (2) All vegetation fees shall be deposited in the Roadside Enhancement and Beautification Fund for grants approved by the Roadside Enhancement and Beautification Council for roadside beautification projects. Such funds shall not be 498 JOURNAL OF THE SENATE used to plant vegetation that will block or diminish motorists' view of outdoor advertising signs. (f) Violations: (1) Following notice, hearing, and a finding that a person has removed vegetation in a highway right of way for purposes of outdoor advertising in violation of this Code section, a civil fine of not less than $5,000.00 nor more than $10,000.00, and restitution in an amount equal to the appraised value of the unlawfully removed vegetation, shall be imposed on such person. (2) The department or its authorized agents shall be authorized to enter upon private lands and disassemble and remove signs without civil or criminal liability therefor pursuant to an order issued in accordance with this paragraph and as provided by Code Section 32-6-96 for disassembly and removal of illegal outdoor advertising signs where such order has been upheld in any subsequent administrative or judicial appeals. (g) Effective date: (1) This Code section shall become effective on July 1, 2009, and shall be implemented as a three-year pilot program by department districts as follows: (A) Year one, effective July 1, 2009: First, Second, and Sixth department districts; (B) Year two, effective July 1, 2010: Third, Fifth, and Seventh department districts; and (C) Year three, effective July 1, 2011: Fourth department district. (2) As of July 1, 2012, this Code section shall become applicable to all outdoor advertising signs lawfully permitted by the department wherever located unless otherwise determined by the General Assembly. Nothing contained in this Code section shall render any sign existing on July 1, 2009, nonconforming. (h) The department shall promulgate any forms or policies necessary to implement the program provided for by this Code section within 120 days of the effective date of this Code section." SECTION 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall affect and invalidate the whole of the smallest section or subsection in which such matter appears herein, but shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional, but would not have passed any section of this Act containing or constituting an invalid or unconstitutional provision. SECTION 5. This Act shall become effective on July 1, 2009. THURSDAY, FEBRUARY 26, 2009 499 SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senators Harp of the 29th, Weber of the 40th, Adelman of the 42nd and Moody of the 56th offered the following amendment #1 to the committee substitute: Amend the substitute to SB 164 (LC 34 2140S) by replacing line 61 with the following: signs. Additionally, the permit holder shall remit to the department a fee equal to the value of the vegetation removed under the permit as determined by an arborist employed by the department using reasonable valuation procedures. 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 13, nays 25, and the Harp et al. amendment #1 to the committee substitute was lost. Senators Harp of the 29th, Weber of the 40th, Adelman of the 42nd and Moody of the 56th offered the following amendment #2 to the committee substitute: Amend the substitute to SB 164 (LC 34 2140S) by deleting lines 248 through 254 and replacing "(H)" with "(G)" on line 255. On the adoption of the amendment, the yeas were 11, nays 28, and the Harp et al. amendment #2 to the committee substitute was lost. Senators Harp of the 29th, Weber of the 40th, Adelman of the 42nd and Moody of the 56th offered the following amendment #3 to the committee substitute: Amend the substitute to SB 164 (LC 34 2140S) by replacing lines 112 through 118 with the following: "(6) 'Viewing zone' means a trapezoidal area extending from the base of the sign at the point at which it is nearest to the right of way fence or boundary which shall not exceed: (A) Two hundred seventy-five feet in width from the point of the base of the sign nearest the right of way boundary; and (B) From a line perpendicular to the roadway passing through the point where the base of the sign is nearest the right of way fence or boundary, 500 feet along the roadway pavement. To any extent such definition differs from the definition contained in subparagraph (a)(1)(C) of Code Section 32-6-75.3, this definition shall govern." 500 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 9, nays 25, and the Harp et al. amendment #3 to the committee substitute was lost. Senators Thompson of the 33rd and Balfour of the 9th offered the following amendment #4 to the committee substitute: Amend the substitute to SB 164 (LC 34 2140S) by replacing line 92 with the following: (1) 'Abandoned sign' means any sign adjacent to a state-controlled route that is not structurally safe and in good repair or which has not By replacing "12" with "nine"on line 93. By replacing line 247 with the following: projects. In any instance where the department issues a vegetation permit but determines that no replacement landscaping is required, it shall deliver as an element of the annual report to be made pursuant to subsection (h) of this Code section a written report describing the site and the reasons that replacement landscaping was deemed unfeasible. Replacement landscaping shall be required in all instances unless it is unfeasible due to geography, department-approved fixtures or paving, climatic conditions, or safety concerns. By replacing line 355 with the following: Code section. Prior to December 31 of each calendar year, the department shall furnish to the members of the transportation committees of both chambers of the General Assembly and to the Roadside Beautification Enhancement and Beautification Council an annual report to include: (1) the number of vegetation permit applications received by the department; (2) the number of permits issued; (3) the number of permits issued in each department district; (4) the total amount of vegetation fees collected; (5) the total amount of grants issued by the Roadside Enhancement and Beautification Council; and (6) a statement to comply with the provisions of subparagraph (c)(11)(F) of this Code section." On the adoption of the amendment, the yeas were 42, nays 0, and the Thompson of the 33rd, Balfour amendment #4 to the committee substitute was adopted. Senators Pearson of the 51st, Rogers of the 21st and Tolleson of the 20th offered the following amendment #5 to the committee substitute: Amend SB 164 (LC 34 2140S) by after line 87 (pg 3): (viii) Nothing in this section shall prohibit the cutting of firewood for personal use, under D.O.T. supervision, by legal Georgia citizens who are unemployed and collecting unemployment insurance. Senator Pearson of the 51st asked unanimous consent that his amendment be withdrawn. THURSDAY, FEBRUARY 26, 2009 501 The consent was granted, and the Pearson et al. amendment #5 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: N Adelman Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman E Cowsert Y Crosby Y Douglas N Fort Y Goggans E Golden Grant Y Hamrick Y Harbison N Harp Y Hawkins Y Heath Y Henson N Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson E Unterman N Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 41, nays 7. SB 164, having received the requisite constitutional majority, was passed by substitute. Senator Staton of the 18th was excused for business outside the Senate Chamber. SB 165. By Senators Goggans of the 7th, Williams of the 19th, Hill of the 4th and Hawkins of the 49th: 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 authorize the Department of Community Health to obtain income eligibility verification from the 502 JOURNAL OF THE SENATE Department of Revenue for applicants for Medicaid and the PeachCare for Kids Program; 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 165: 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 authorize the Department of Community Health to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and the PeachCare for Kids Program; 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 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Code Section 49-4-146.1, relating to unlawful acts, violations and penalties, recovery of excess amounts, termination and reinstatement of providers, and the duty of the department to identify and investigate violations and notify proper authorities under the Medicaid program, by adding a new subsection to read as follows: "(j) As necessary to enforce the provisions of this article, the department or its duly authorized agents shall submit to the state revenue commissioner the names of applicants for medical assistance or other benefits or payments provided under this article, as well as the relevant income threshold specified therein. The state revenue commissioner and his or her agents or employees shall notify the department whether or not each submitted applicant's income exceeds the relevant income threshold provided. The department shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No information shall be provided by the Department of Revenue to the department without an executed cooperative agreement between the two departments. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection is subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information." SECTION 2. Said title is further amended in Code Section 49-5-273, relating to the creation of the THURSDAY, FEBRUARY 26, 2009 503 PeachCare for Kids Program, by adding a new subsection to read as follows: "(o) As necessary to enforce the provisions of this article, the department or its duly authorized agents shall submit to the state revenue commissioner the names of applicants for health care benefits or payments provided under this article, as well as the relevant income threshold specified therein. The state revenue commissioner and his or her agents or employees shall notify the department whether or not each submitted applicant's income exceeds the relevant income threshold provided. The department shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No information shall be provided by the Department of Revenue to the department without an executed cooperative agreement between the two departments. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection is subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information." SECTION 3. 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 E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman E Cowsert Y Crosby Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith E Staton Y Stoner Y Tarver Y Tate Y Thomas 504 JOURNAL OF THE SENATE Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 48, nays 0. Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Williams (PRS) SB 165, 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 Senate: SB 31. By Senators Balfour of the 9th, Tarver of the 22nd, Rogers of the 21st, Powell of the 23rd, Tolleson of the 20th and others: A BILL to be entitled an Act to enact the "Georgia Nuclear Energy Financing Act"; to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, so as to provide for a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; to provide a short title; to provide for the calculation and collection of the financing costs; to provide for review by the Georgia Public Service Commission as to whether the costs recovered are being properly recorded; to provide for related matters; to repeal conflicting laws; and for other purposes. The President resumed the Chair. The Calendar was resumed. SR 49. By Senators Smith of the 52nd, Hudgens of the 47th, Tolleson of the 20th, Heath of the 31st, Hill of the 32nd and others: A RESOLUTION urging the Congress of the United States to oppose any efforts to adopt the so-called "Employee Free Choice Act"; and for other purposes. THURSDAY, FEBRUARY 26, 2009 505 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 N Buckner Bulloch N Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby 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 E Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 31, nays 18. SR 49, having received the requisite constitutional majority, was adopted. HB 233. By Representative Lindsey of the 54th: 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 233: A BILL TO BE ENTITLED AN ACT To amend Title 48 of the Official Code of Georgia Annotated, related to revenue and taxation, so as to provide for a moratorium period during which valuation increases of 506 JOURNAL OF THE SENATE property shall be limited; to provide for legislative findings; to provide for the authority for this Act; to provide for procedures, conditions, limitations, and exclusions; to provide for related matters; to provide for an 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. Title 48 of the Official Code of Georgia Annotated, related to revenue and taxation, is amended by adding a new chapter to read as follows: "CHAPTER 5B 48-5B-1. (a) The General Assembly finds that the citizens and property owners of this state are experiencing a crisis in the reduction of value of tangible property of unprecedented magnitude and that it is in the best interests of this state that immediate action be taken to secure the economic stability of all Georgians. This crisis is having a devastating effect on the economy of the State of Georgia, and this Code section is enacted in order to provide for more effective regulation and management of the finance and fiscal administration of the state and pursuant to and in furtherance of the provisions of Article III, Section IX, Paragraph II(c) of the Constitution and other provisions of the Constitution. (b) In recognition of the emergency situation and fiscal conditions set forth in subsection (a) of this Code section and pursuant to the authority specified in subsection (a) of this Code section, for taxable years beginning on or after January 1, 2009, and continuing only until the Sunday immediately preceding the second Monday in January, 2011, a moratorium is declared on all increases in the assessed value of all classes of all subjects of property which are subject to ad valorem taxation property except as specifically permitted under this Code section. The rate of increase of the assessed value of property for county, county school district, municipal, or independent school district ad valorem tax purposes shall not exceed from one taxable year to the succeeding taxable year 0 percent except as otherwise permitted in this Code section. (c) The limitations of this Code section shall not apply to the correction by local tax officials, pursuant to Chapter 5 of this title, of any manifest, factual error or omission in the valuation of property. The limitations of this Code section shall only take effect for taxable years beginning on or after January 1, 2010, for any county which performed or had performed on its behalf a county-wide revaluation in 2008 or any county which in 2009 is performing or was under contract prior to January 1, 2009, to have performed on its behalf a county-wide revaluation. (d) Nothing in this Code section shall be construed to prohibit the assessed value of property from decreasing. (e) If property or interests therein are sold or transferred, the assessed value of such THURSDAY, FEBRUARY 26, 2009 507 property for ad valorem tax purposes shall not exceed the most recent value established under subsection (b) of this Code section. (f) Additions or improvements to property shall be valued for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subsection. (g) If property is rezoned, subdivided, or combined with other property at the request of the owner of such property and the use of such property is changed to conform with the use authorized or caused by such rezoning, subdivision, or combination with other property, such property shall be valued for ad valorem tax purposes at its fair market value. (h) Nothing in this Code section shall be construed to alter or affect in any manner the authority granted to the General Assembly under Article VII, Section II, Paragraph II of the Constitution to enact homestead exemptions. (i) This chapter shall be repealed in its entirety on the second Monday in January, 2011." 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 Balfour E Brown Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tarver N Tate Y Thomas Thompson,C Y Thompson,S 508 JOURNAL OF THE SENATE Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Murphy N Orrock Y Pearson Powell Y Ramsey Y Reed Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 5. HB 233, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st moved that the Senate stand in recess until 12:00 midnight to first read and assign the Appropriations bill to committee, and then pursuant to HR 238 adjourn until 1:00 p.m. Tuesday, March 3, 2009. At 2:16 p.m. the President announced that the motion prevailed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II). The following House legislation was read the first time and referred to committee: HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II). Referred to the Appropriations Committee. Pursuant to an earlier adopted motion, the Senate stood adjourned at 12:00 midnight. TUESDAY, MARCH 3, 2009 509 Senate Chamber, Atlanta, Georgia Tuesday, March 3, 2009 Twenty-fifth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President. Senator Butterworth of the 50th 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, GA 30334 (404) 656-5000 February 27, 2009 Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Secretary of State Handel: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Brandon Beach was elected as the member of the State Transportation Board from the Sixth Congressional District. He will serve for a term expiring April 15, 2014. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell R. Brumby Legislative Counsel 510 JOURNAL OF THE SENATE LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Brandon Beach 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 6th Congressional District for a term expiring April 15, 2014. /s/ Casey Cagle LIEUTENANT GOVERNOR /s/ Glenn Richardson SPEAKER, HOUSE OF REPRESENTATIVES LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION 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 19, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Brandon Beach was elected as a member of the State Transportation Board from the Sixth Congressional District to serve a term expiring April 15, 2014. Respectfully submitted, /s/ Mark Burkhalter Representative, District 50 CHAIRMAN /s/ Dan Moody Senator, District 56 SECRETARY TUESDAY, MARCH 3, 2009 511 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 February 27, 2009 Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Secretary of State Handel: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Bill Kuhlke was elected as the member of the State Transportation Board from the Tenth Congressional District. He will serve for a term expiring April 15, 2014. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell R. Brumby Legislative Counsel LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Bill Kuhlke 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 10th Congressional District for a term expiring April 15, 2014. /s/ Casey Cagle LIEUTENANT GOVERNOR 512 JOURNAL OF THE SENATE /s/ Glenn Richardson SPEAKER, HOUSE OF REPRESENTATIVES LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION 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 19, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Bill Kuhlke was elected as the member of the State Transportation Board from the Tenth Congressional District to serve a term expiring April 15, 2014. Respectfully submitted, /s/ Tom McCall Representative, District 30 CHAIRMAN /s/ Barbara Sims Representative, District 119 SECRETARY LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 February 27, 2009 Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Secretary of State Handel: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Bobby Parham was elected as the member of TUESDAY, MARCH 3, 2009 513 the State Transportation Board from the Twelfth Congressional District. He will serve for a term expiring April 15, 2013. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell R. Brumby Legislative Counsel LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Bobby Parham 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 12th Congressional District for a term expiring April 15, 2013. /s/ Casey Cagle LIEUTENANT GOVERNOR /s/ Glenn Richardson SPEAKER, HOUSE OF REPRESENTATIVES LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 514 JOURNAL OF THE SENATE 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 19, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Bobby Parham 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/ Tommie Williams Senator, District 19 CHAIRMAN /s/ Gloria Frazier Representative, District 123 SECRETARY Senator Eric Johnson District 1 121-F State Capitol Atlanta, GA 30334 Committees: Ethics Agriculture and Consumer Affairs Education and Youth Finance Regulated Industries and Utilities Rules The State Senate Atlanta, Georgia 30334 March 2, 2009 Honorable Robert F. Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Bob: I am providing this letter as official notification that Senator George Hooks will chair the Senate Ethics meeting (at 4:00 p.m.) in my absence today. If you have any questions regarding this matter, please let me know. Sincerely, /s/ Eric Johnson TUESDAY, MARCH 3, 2009 515 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 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; 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 215. By Senator Tarver of the 22nd: 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 an independent review of certain health insurance decisions; to provide for definitions; to provide for review criteria; to provide for limitations; to provide for procedures; to provide for requirements of an independent review organization; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 216. By Senators Jones of the 10th, Jackson of the 2nd, Hooks of the 14th, Harp of the 29th, Golden of the 8th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence, so as to define a certain term; to provide that the spouse of any member of the armed forces who was wounded in combat and who returns to this state shall be entitled to 90 days of personal leave with pay and an additional 30 days of leave without pay; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. 516 JOURNAL OF THE SENATE SB 217. By Senators Butler of the 55th, Reed of the 35th, Buckner of the 44th, Seay of the 34th, Orrock of the 36th and others: A BILL to be entitled an Act to establish the "Brittany Sharnay Wells 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 provide for a curriculum relating to dating violence; to require the adoption of a policy against dating violence; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 218. By Senators Tate of the 38th, Fort of the 39th, Butler of the 55th, Orrock of the 36th, Staton of the 18th and others: 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 the assessment of points for a violation of Code Section 40-6-241, relating to the use of radios and mobile telephones while driving; to provide that a driver who is involved in an accident while using a wireless electronic device to write, send, or read text based communications while operating a motor vehicle shall be in violation of Code Section 40-6-241; to provide a penalty; 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 219. By Senator Weber of the 40th: A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to provide for placement on the state salary schedule for an educator who has a leadership degree but is not in a leadership position; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 220. By Senators Reed of the 35th, Tarver of the 22nd, Thompson of the 33rd, Harp of the 29th and Jones of the 10th: 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 3, 2009 517 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. Referred to the Higher Education Committee. SB 221. By Senators Reed of the 35th, Thompson of the 33rd, Tarver of the 22nd, Orrock of the 36th and Jones of the 10th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide a short title; to provide that certain students who apply for admission to member institutions of the University System of Georgia as freshmen and who graduate from certain public or private high schools in this state with a grade point average in the top 10 percent of such student's graduating class shall be automatically admitted; to authorize the Board of Regents to promulgate rules and regulations regarding such admissions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 222. By Senators Unterman of the 45th, Hill of the 4th, Williams of the 19th, Grant of the 25th and Goggans of the 7th: A BILL to be entitled an Act to amend various titles of the O.C.G.A. so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to provide for a board for each agency; to reconstitute the Board of Community Health; to abolish the Board of Human Resources; to establish the position of State Health Officer; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 223. By Senators Unterman of the 45th, Williams of the 19th, Rogers of the 21st and Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general health provisions, so as to 518 JOURNAL OF THE SENATE create the Women's Reproductive Health Legislative Oversight Committee; to provide for its membership, terms, and meetings; to provide for its duties; to provide for cooperation with other agencies; to provide for an annual report; to provide for an audit; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 224. By Senators Grant of the 25th, Unterman of the 45th and Seay of the 34th: A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide a means for a competent adult to control either directly through instructions written in advance or indirectly through appointing an agent to make mental health care decisions on behalf of such person according to a written psychiatric advance directive; to provide a short title; to provide definitions; to provide for standards and limitations with respect to psychiatric advance directives; to provide for the responsibilities and duties of physicians and other mental health care providers and agents under psychiatric advance directives; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 225. By Senators Grant of the 25th, Unterman of the 45th, Bulloch of the 11th, Hill of the 4th and Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to require state agencies to develop a privatization plan before privatizing any state program; to establish the Privatization Review Committee; to provide for review by the committee of privatization plans; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 226. By Senators Crosby of the 13th, Pearson of the 51st, Mullis of the 53rd, Johnson of the 1st, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to provide for the prohibition against the advertising and conducting of certain live musical performances and productions; to provide for a short title; to provide for definitions; to provide for certain civil remedies; TUESDAY, MARCH 3, 2009 519 to provide for certain penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SR 431. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Bulloch of the 11th and Fort of the 39th: A RESOLUTION designating the Georgia Civil War Heritage Trails; and for other purposes. Referred to the Transportation Committee. SR 433. By Senators Tolleson of the 20th, Bulloch of the 11th and Hooks of the 14th: A RESOLUTION requesting that the Congress of the United States oppose legislative efforts to expand the reach and scope of the Clean Water Act; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 444. By Senators Butler of the 55th, Reed of the 35th, Buckner of the 44th, Seay of the 34th, Orrock of the 36th and others: A RESOLUTION remembering the life of Brittany Sharnay Wells and endorsing the establishment of the Brittany Sharnay Wells Act in her honor; and for other purposes. Referred to the Education and Youth Committee. SR 452. By Senator Johnson of the 1st: A RESOLUTION amending the Rules of the Senate; and for other purposes. Referred to the Rules Committee. SR 453. By Senator Johnson of the 1st: A RESOLUTION creating the Georgia Tax Reform Commission of 2009; providing for access by the commission and its staff to certain otherwise confidential Department of Revenue information; and for other purposes. Referred to the Finance Committee. 520 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. The following committee reports were read by the Secretary: Mr. President: The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 118 Do Pass by substitute SB 122 Do Pass by substitute SB 158 Do Pass as amended SB 206 Do Pass Respectfully submitted, Senator Hill of the 4th 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 96 Do Pass Respectfully submitted, Senator Johnson of the 1st 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: TUESDAY, MARCH 3, 2009 521 SB 168 Do Pass by substitute Respectfully submitted, Senator Hooks of the 14th District, Vice 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 59 HB 120 SB 128 Do Pass Do Pass Do Pass SB 194 Do Pass by substitute SR 110 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: SR 328 SR 399 Do Pass by substitute Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 92 SB 161 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Hudgens of the 47th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 522 JOURNAL OF THE SENATE SB 75 SB 112 SB 184 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 155 SB 198 SR 333 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Tolleson of the 20th 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 178 Do Pass HB 179 Do Pass Respectfully submitted, Senator Hawkins of the 49th 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 279 SB 64 SB 193 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Grant of the 25th District, Chairman TUESDAY, MARCH 3, 2009 523 The following legislation was read the second time: HB 202 HB 210 SB 57 SB 90 SB 114 SB 131 SB 137 SB 141 SB 176 SB 177 SB 178 SB 200 SR 153 Senator Seay of the 34th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused. Senator Thompson of the 5th asked unanimous consent that Senator Jackson of the 2nd be excused. The consent was granted, and Senator Jackson was excused. The roll was called and the following Senators answered to their names: Adelman Buckner Bulloch Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Balfour Jackson, L. (Excused) Brown Sims Butler (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Brown Sims The members pledged allegiance to the flag. 524 JOURNAL OF THE SENATE Senator Buckner of the 44th introduced the chaplain of the day, Dr. Creflo Dollar of College Park, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 430. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Zachary Eller; and for other purposes. SR 432. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending Morrow High School JROTC instructors; and for other purposes. SR 434. By Senators Jackson of the 2nd, Johnson of the 1st, Hill of the 4th and Williams of the 19th: A RESOLUTION Recognizing and commending Mr. Shannon Sharpe on his induction into the Georgia Sports Hall of Fame; and for other purposes. SR 435. By Senators Jackson of the 2nd, Johnson of the 1st and Hill of the 4th: A RESOLUTION recognizing and commending Mr. Mills Bee Lane III on his induction into the Georgia Sports Hall of Fame; and for other purposes. SR 436. By Senator Hooks of the 14th: A RESOLUTION recognizing the annual Hambone Jam as the official Georgia State BBQ Championship competition of the Georgia Barbeque Association; and for other purposes. SR 437. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mrs. Lottie Cotton; and for other purposes. SR 438. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION commending members of the Morrow High School JROTC; and for other purposes. TUESDAY, MARCH 3, 2009 525 SR 439. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Mr. Paul Thomas "Tommy" Addis, Jr.; and for other purposes. SR 440. By Senators Jackson of the 2nd and Sims of the 12th: A RESOLUTION honoring the life and memory of Mrs. Mildred Ruth Dixon Passmore; and for other purposes. SR 441. By Senators Jackson of the 2nd and Sims of the 12th: A RESOLUTION recognizing and commending Mr. Samuel E. Prince III; and for other purposes. SR 442. By Senators Jackson of the 2nd and Sims of the 12th: A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Maggie Houston Baker; and for other purposes. SR 443. By Senators Ramsey, Sr. of the 43rd, Buckner of the 44th, Sims of the 12th, Bulloch of the 11th, Tarver of the 22nd and others: A RESOLUTION recognizing and commending Mr. Fernando Bryant; and for other purposes. SR 445. By Senators Douglas of the 17th and Murphy of the 27th: A RESOLUTION recognizing March 5, 2009, as Atlanta Motor Speedway Day at the state capitol; and for other purposes. SR 446. By Senator Johnson of the 1st: A RESOLUTION recognizing and commending the Fulton County Taxpayers Foundation; and for other purposes. SR 447. By Senators Johnson of the 1st and Jackson of the 2nd: A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman John P. Forbes, and the Grand Marshal of the 2009 St. Patrick's Day Parade, Father Patrick J. O'Brien on the upcoming occasion of the 2009 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes. 526 JOURNAL OF THE SENATE SR 448. By Senators Crosby of the 13th, Hooks of the 14th, Harp of the 29th, Hamrick of the 30th, Murphy of the 27th and others: A RESOLUTION recognizing and commending Miss Marianne Elizabeth Walker; and for other purposes. SR 449. By Senators Crosby of the 13th, Hooks of the 14th, Harp of the 29th, Hamrick of the 30th, Murphy of the 27th and others: A RESOLUTION recognizing and commending the 2009 Georgia Cotton Queens; and for other purposes. SR 450. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Sara Walton; and for other purposes. SR 451. By Senator Pearson of the 51st: A RESOLUTION commending Delaney Kolich, North Forsyth High School's 2009 STAR Student; and for other purposes. Senator Heath of the 31st introduced the doctor of the day, Dr. Jason Smith. Senator Butler of the 55th recognized Grover Tuten, commended by SR 287, adopted previously. Senator Butler of the 55th recognized Cherokee County as the 2007 Child Fatality Review Panel of the Year, commended by SR 288, adopted previously. Senator Butler of the 55th recognized James Harris, commended by SR 289, adopted previously. Senator Tommie Williams, President Pro Tempore, assumed the Chair. Senator Adelman of the 42nd recognized Tuesday, March 3, 2009, as "Georgia Rides to the Capitol Day", commended by SR 271, adopted previously. The mayor of Johns Creek, Mike Bodker, addressed the Senate briefly. Senator Bulloch of the 11th 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: TUESDAY, MARCH 3, 2009 527 SENATE LOCAL CONSENT CALENDAR Tuesday, March 3, 2009 Twenty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following two local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: HB 178 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 179 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. 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: 528 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Hill,Judson Y Hooks Y Hudgens E Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) 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 President resumed the Chair. HB 117 SENATE RULES CALENDAR TUESDAY, MARCH 3, 2009 TWENTY-FIFTH LEGISLATIVE DAY House and Senate; certain committees; amend Official Code of Georgia Annotated references (S JUDY-19th) Keen-179th SR 294 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett (SI&P-25th) SB 159 Hemophilia Advisory Board Act; create; provide for duties, reporting, membership, selection of officers (H&HS-25th) SB 2 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement (Substitute)(JUDY-17th) SB 86 SB 157 TUESDAY, MARCH 3, 2009 529 Voters; applying to register to vote; persons shall provide proof of U.S. citizenship prior to acceptance of registration (Substitute)(ETHICS-18th) Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law (Substitute) (JUDY-29th) SB 65 Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time (SI&P-25th) SB 151 Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses (Substitute)(S JUDY-37th) Respectfully submitted, /s/ Hamrick of the 30th, Vice Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 117. By Representatives Keen of the 179th, Burkhalter of the 50th, Morris of the 155th, Porter of the 143rd and Hugley of the 133rd: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the Georgia House of Representatives, respectively; to provide for editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Hawkins Y Heath Y Henson Rogers Y Seabaugh Seay 530 JOURNAL OF THE SENATE Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 50, nays 0. Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams HB 117, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st was excused for business outside the Senate Chamber. SR 294. By Senators Grant of the 25th, Jackson of the 24th, Cowsert of the 46th, Tolleson of the 20th, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Hawkins Y Heath Y Henson E Rogers Y Seabaugh Seay TUESDAY, MARCH 3, 2009 531 Y Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman N Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 50, nays 1. SR 294, having received the requisite constitutional majority, was adopted. Senator Tommie Williams, President Pro Tempore, assumed the Chair. SB 159. By Senators Grant of the 25th, Unterman of the 45th and Thomas of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to create the Hemophilia Advisory Board; to provide for a short title; to provide for legislative findings; to provide for duties, reporting, membership, and the selection of officers; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Brown Y Buckner E Bulloch Y Butler Y Hawkins Y Heath Y Henson Y Hill,Jack Hill,Judson Y Hooks E Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith 532 JOURNAL OF THE SENATE Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hudgens E Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 48, nays 0. SB 159, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd was excused for business outside the Senate Chamber. SB 2. By Senators Douglas of the 17th, Staton of the 18th, Jackson of the 24th and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 40-5-63 of the O.C.G.A., relating to periods of suspension for drivers' licenses and conditions to return drivers' licenses, so as to extend the period of suspension for certain serious offenders committing a second offense before such offender is eligible for reinstatement; to amend Code Section 40-6-391.2, relating to the seizure and forfeiture of a motor vehicle operated by a habitual violator, so as to authorize the seizure and forfeiture of a motor vehicle operated by persons convicted of a third offense attempting to elude a police officer; to amend Code Section 406-395, relating to attempting to elude a police officer and impersonating a law officer, so as to modify conditions when such offense shall be treated as a felony; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 2: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to modify certain conditions when such offense shall be treated as a felony TUESDAY, MARCH 3, 2009 533 offense; 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 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, is amended by revising subparagraph (b)(5)(A) as follows: "(5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense, other than a violation of this chapter, not expressly provided for in this paragraph: (i) operates Operates his or her vehicle in excess of 30 20 miles an hour above the posted speed limit,; (ii) strikes Strikes or collides with another vehicle or a pedestrian,; (iii) flees Flees in traffic conditions which place the general public at risk of receiving serious injuries,; (iv) Commits a violation of Code Section 40-6-391; or (v) leaves Leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to offenses committed on or after such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Douglas of the 17th, Cowsert of the 46th, Goggans of the 7th and Smith of the 52nd offered the following amendment #1 to the committee substitute: Amend the Senate Judiciary Committee substitute to SB 2 by revising line 20 as follows: (iv) Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6-391; or On the adoption of the amendment, there were no objections, and the Douglas 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. 534 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 Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 47, nays 0. SB 2, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. Senator Thompson of the 5th was excused for business outside the Senate Chamber. SB 86. By Senators Staton of the 18th, Butterworth of the 50th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of proof of citizenship; to provide for retention of such information; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Ethics Committee offered the following substitute to SB 86: A BILL TO BE ENTITLED AN ACT TUESDAY, MARCH 3, 2009 535 To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of proof of citizenship; to provide for retention of such information; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by adding a new subsection to Code Section 21-2-216, relating to qualifications of electors generally, to read as follows: "(g)(1) On and after January 1, 2010, an application for registration under this chapter shall be accompanied by satisfactory evidence of United States citizenship. The registrars shall reject any application for registration for which no satisfactory proof of citizenship is provided. Upon the receipt of an application without satisfactory proof of citizenship, the board of registrars shall notify the applicant in writing of the requirement to provide adequate proof of citizenship. The board of registrars shall not determine the eligibility of the applicant until and unless satisfactory proof of citizenship is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies satisfactory evidence of citizenship on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that electors who registered to vote for the first time in this state by mail shall supply current and valid identification when voting for the first time as required in subsection (c) of Code Section 21-2-220. In the event the applicant does not respond to the request for the missing information within 30 days following the sending of notification to provide adequate proof of citizenship, the application shall be rejected. (2) Satisfactory evidence of citizenship shall include any of the following: (A) The number of the applicant's Georgia driver's license or identification card issued by the Department of Driver Services if the applicant has provided satisfactory proof of United States citizenship to the Department of Driver Services or a legible photocopy of the applicant's driver's license or identification issued by an equivalent government agency of another state if the agency indicates on the driver's license or identification card that the applicant has provided satisfactory proof of United States citizenship to the agency; (B) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars; (C) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the board of registrars of the applicant's United States passport; 536 JOURNAL OF THE SENATE (D) A presentation to the board of registrars of the applicant's United States naturalization documents or the number of the applicant's certificate of naturalization. If only the number of the applicant's certificate of naturalization is provided, the applicant shall not be found eligible to vote until such number of the certificate of naturalization is verified with the United States Citizenship and Immigration Services by the board of registrars; (E) Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986 (P. L. 99-603); (F) The applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number; and (G) Other documents or methods of proof that are established under the rules and regulations of the State Election Board. (3) Notwithstanding any provision of this subsection, any person who is registered in this state on December 31, 2009, shall be deemed to have provided satisfactory evidence of citizenship and shall not be required to submit evidence of citizenship. A person who changes addresses within this state shall not be required to submit evidence of citizenship. (4) After citizenship has been demonstrated to a board of registrars, an elector shall not be required to resubmit satisfactory evidence of citizenship in that or any other county in this state so long as the person has continuously remained an elector of this state. (5) For the purposes of this subsection, proof of voter registration from another state shall not be satisfactory evidence of citizenship. (6) After a person has submitted satisfactory evidence of citizenship, the board of registrars shall indicate such information on the elector's voter registration record. After two years, the board of registrars may destroy all documents that were submitted as evidence of citizenship. (7) The Secretary of State shall establish procedures to match an applicant's voter registration information to the information contained in the data base maintained by the Department of Driver Services for the verification of the accuracy of the information provided on the application for voter registration, including whether the applicant has provided satisfactory proof of United States citizenship." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Hooks of the 14th, Bulloch of the 11th, Crosby of the 13th, Jones of the 10th and Sims of the 12th offered the following amendment #1 to the committee substitute: Amend the Senate Ethics Committee substitute to SB 86 by striking lines 28 through 52 and inserting in lieu thereof the following: (2) Satisfactory evidence of citizenship shall be a legible photocopy of the applicant's Georgia birth certificate that verifies citizenship to the satisfaction of the board of registrars. TUESDAY, MARCH 3, 2009 537 Senator Hooks of the 14th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hooks el al. amendment #1 to the committee substitute was withdrawn. 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 N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas E Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 34, nays 20. SB 86, having received the requisite constitutional majority, was passed by substitute. Senator Tommie Williams, President Pro Tempore, assumed the Chair. Senator Hudgens of the 47th was excused for business outside the Senate Chamber. SB 157. By Senators Harp of the 29th, Cowsert of the 46th, Orrock of the 36th, Adelman of the 42nd, Butler of the 55th and others: A BILL to be entitled an Act to change and enact provisions of law relating to classification of sexual offenders, sexual offender registration, and restrictions 538 JOURNAL OF THE SENATE on sexual offenders' residences, workplaces, and activities; to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeals requiring an application for appeal, so as to make such Code section applicable to appeals from decisions of superior courts reviewing a decision of the Sexual Offender Registration Review Board; to provide for other 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 157: A BILL TO BE ENTITLED AN ACT To change and enact provisions of law relating to classification of sexual offenders, sexual offender registration, and restrictions on sexual offenders' residences, workplaces, and activities; to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeals requiring an application for appeal, so as to make such Code section applicable to appeals from decisions of superior courts reviewing a decision of the Sexual Offender Registration Review Board; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing in criminal cases, so as to provide that, with respect to sexual offenses committed after a certain date in this state, classification shall be by the sentencing court rather than the Sexual Offender Registration Review Board; to amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, so as to revise provisions relating to registration of sexual offenders; to change certain definitions; to require the Department of Corrections to forward certain information to sheriffs; to provide for registration and reporting by sexual offenders who do not have a residence address; to provide for taking of palm prints and DNA samples in certain cases; to change certain provisions relative to relief from registration; to change provisions relating to residence, workplace, and volunteering restrictions; to change provisions relating to the time frame a sheriff has to update certain information; to remove annual registration fees; to change registration criteria for persons moving to this state; to change certain penalty provisions; to change restrictions on volunteer and religious activities; to revise provisions relative to classification of sex offenders; to revise certain definitions; to change provisions relative to the process of classification by the Sexual Offender Registration Review Board and review of such classifications; to provide for procedure and review; to provide a mechanism for certain elderly and disabled sexual offenders to petition the superior court to be released from certain residency requirements; to provide for other 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 5-6-35 of the Official Code of Georgia Annotated, relating to appeals TUESDAY, MARCH 3, 2009 539 requiring an application for appeal, is amended by adding a new paragraph to subsection (a) to read as follows: "(5.1) Appeals from decisions of superior courts reviewing decisions of the Sexual Offender Registration Review Board;" SECTION 2. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing in criminal cases, is amended by adding a new Code section to read as follows: "17-10-6.4. (a) As used in this Code section, any term which is defined in Article 2 of Chapter 1 of Title 42 shall have the meaning specified in that article. (b) With respect to a sexual offender convicted in this state of a crime committed on or after the effective date of this Code section, the sentencing court shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. A sexual offender shall as a part of the sentencing process be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the court's review of: (1) A risk assessment profile of the offender to be completed by the Department of Corrections prior to sentencing, which profile has been approved for such use by the Board of Corrections; (2) Any evidence introduced by the prosecution; and (3) Any evidence introduced by the defense. Sexual history polygraph information shall also be admissible for this purpose. (c) All information considered by the court in its determination of the classification shall be a matter of public record, unless the court determines that some specific portion of such information would invade the privacy of a person other than the sexual offender, in which case the court may enter an order sealing that specific portion of the record. (d) Any appeal of the court's determination of classification shall be combined with any other appeal arising from the conviction, so that there shall be a single appeal of all issues in the case." SECTION 3. Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, is amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising portions of subsection (a) as follows: Paragraph (1) of subsection (a) is revised as follows: "(1) 'Address' means the street or route address of the sexual offender's residence. For purposes of this Code section, the term does shall not mean a post office box, and homeless does not constitute an address. The term shall include any place where the sexual offender sleeps, such as a shelter or structure that can be located by a street 540 JOURNAL OF THE SENATE address or other description, including, but not limited to, apartments, buildings, motels, hotels, homeless shelters, and parked vehicles." Paragraph (6) of subsection (a) is revised as follows: "(6) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, child care learning centers, preschool facilities, and long-term care facilities for children. Such term shall not include private, in-home child day care which is not licensed by this state." Divisions (a)(9)(A)(i) and (a)(9)(A)(ii) are revised as follows: "(i) Kidnapping of a minor, except by a parent, when the offense by its nature is a sexual offense against a minor or an attempt to commit a sexual offense against a minor; (ii) False imprisonment of a minor, except by a parent, when the offense by its nature is a sexual offense against a minor or an attempt to commit a sexual offense against a minor;" Divisions (a)(9)(B)(i) and (a)(9)(B)(ii) are revised as follows: "(i) Kidnapping of a minor, except by a parent, when the offense by its nature is a sexual offense against a minor or an attempt to commit a sexual offense against a minor; (ii) False imprisonment of a minor, except by a parent, when the offense by its nature is a sexual offense against a minor or an attempt to commit a sexual offense against a minor;" Subparagraph (a)(9)(C) is revised as follows: "(C) For purposes of subparagraph (a)(9)(B) of this Code section, conduct which is punished as for a misdemeanor or shall not be considered a criminal offense against a victim who is a minor, and conduct which is prosecuted adjudicated in juvenile court shall not be considered a criminal offense against a victim who is a minor." Subparagraph (a)(16)(K) is revised as follows: "(K) E-mail addresses, and usernames, and user passwords; and" Paragraph (17) of subsection (a) is revised as follows: "(17) 'Risk assessment classification' means the notification level into which a sexual offender is placed based on the board's assessment classification of a sexual offender as a Level I risk assessment, Level II risk assessment, or sexually dangerous predator by the board or a court sentencing under Code Section 17-10-6.4." Paragraph (21) of subsection (a) is revised as follows: "(21) 'Sexually dangerous predator' means a sexual offender: (A) Who was designated as a sexually violent predator between July 1, 1996, and June 30, 2006; or (B) Who is determined by the Sexual Offender Registration Review Board or a court sentencing under Code Section 17-10-6.4 to be at risk of perpetrating any future dangerous sexual offense." SECTION 4. Said article is further amended in Code Section 42-1-12, relating to the State Sexual TUESDAY, MARCH 3, 2009 541 Offender Registry, by revising paragraphs (1) and (8) of subsection (b) as follows: "(1) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration;" "(8) At least 15 days prior to such release, obtain Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriff's office of the county in which the sexual offender will reside; and" SECTION 5. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising paragraph (3) of subsection (c) as follows: "(3) Forward the sexual offender's fingerprints and photograph At least 15 days prior to the sexual offender's release from prison, placement on parole or supervised release, or within three business days after a sexual offender's placement on probation, the following information shall be forwarded to the sheriff's office of the county where the sexual offender is going to reside: (A) The sexual offender's fingerprints, palm print, and photograph; (B) The sexual offender's crime of conviction, including conviction date and the jurisdiction of the conviction; and (C) The sexual offender's address;" SECTION 6. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising paragraph (6) of subsection (e) as follows: "(6) Is a nonresident sexual offender who changes residence from another state or territory of the United States any other place to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred or who has been convicted in this state of a criminal offense against a victim who is a minor or any dangerous sexual offense;" SECTION 7. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising subsection (f) as follows: "(f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register in person with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state; (2.1) In the case of a sexual offender who does not have a residence address, in lieu of the requirements of paragraph (2) of this subsection, register in person with the sheriff of the county in which the sexual offender sleeps within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, 542 JOURNAL OF THE SENATE probation, or entry into this state and: (A) Provide the places where he or she sleeps, eats, and works and other places which he or she frequents; and (B) Report weekly in person to the sheriff of the county in which he or she sleeps on a day specified by the sheriff during normal business hours and update any changes in the information required under subparagraph (A) of this paragraph; (3) Maintain the required registration information with the sheriff of the county in which the sexual offender resides; (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides by reporting in person to the sheriff within 72 hours prior to such offender's birthday each year to be photographed, palm printed, and fingerprinted and provide a noninvasive DNA sample if none has previously been taken; provided, however, that the taking of palm prints and fingerprints shall be optional with the sheriff; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides or sleeps within 72 hours of any change to the required registration information, other than residence address; if. If the information is the sexual offender's new residence address, the sexual offender shall give the information regarding the sexual offender's new residence address to the sheriff of the county with whom the sexual offender last registered and to the sheriff of the county to which the sexual offender is moving within 72 hours prior to any change of residence address and. The sexual offender shall give information regarding a change in employment location or a change in attendance at an institution of higher education to the sheriff of the county to which the sexual offender is moving within 72 hours after establishing the such new residence place of employment or attendance at an institution of higher education; and (6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including excluding ensuing periods of incarceration." SECTION 8. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising subparagraph (g)(2)(B) as follows: "(B) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation completed his or her sentence, including any period of parole or probation." SECTION 9. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising paragraph (1) of subsection (h) as follows: TUESDAY, MARCH 3, 2009 543 "(h)(1) The appropriate official or sheriff shall, within 72 hours three working days after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offender's county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of entering the data or any change to the data." SECTION 10. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising paragraphs (2), (3), (4), (6), (7), (12), (13), and (14) of subsection (i) as follows: "(2) Electronically submit and update all information provided by the sexual offender within two three working days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post a list of every sexual offender residing in each county and electronically submit and update such list for posting or electronic access: (A) In the sheriff's office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this Code section within two three working days;" "(6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, or conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be delivered, physically or electronically, within 72 hours three working days of updating the list of sexual offenders residing in the county, to all schools or institutions of higher education located in the county; (7) Within 72 hours three working days of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information;" "(12) If required by Code Section 42-1-14, place any electronic monitoring system on the sexually dangerous predator and explain its operation and cost; and (13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the campus is within the sheriff's jurisdiction; and 544 JOURNAL OF THE SENATE (14) Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the general fund." SECTION 11. Said article is further amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising subsection (n) as follows: "(n) Any individual who: (1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff within of the county where he or she resides or sleeps 72 hours of prior to such individual's birthday shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life." SECTION 12. Said article is further amended by revising Code Section 42-1-14, relating to risk assessment classifications, as follows: "42-1-14. (a)(1) With respect to crimes committed in this state on or after the effective date of this paragraph classification of sexual offenders shall be by the sentencing court as provided in Code Section 17-10-6.4; and no action shall be taken by the board with respect to such sexual offenders. (2) With respect to sexual offenders other than those committing crimes in this state on or after the effective date of paragraph (1) of this subsection the The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act against a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act against a minor. In addition, any sexual offender who changes residence from another state or territory of the United States to this state and who is not already designated under Georgia law as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. (3) A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board's assessment criteria and information obtained and reviewed by TUESDAY, MARCH 3, 2009 545 the board. The sexual offender may provide the board with information including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, and personal, social, educational, and work history, and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. On and after July 1, 2006, the clerk of court shall send a copy of the sexual offender's conviction to the board and notify the board that a sexual offender's evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within: (1) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2; (2) Six months prior to the sexual offender's proposed release from confinement if the offender is incarcerated; and (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. (4) The board shall notify the sex offender by first class mail of its determination of send a copy of its risk assessment classification and shall send a copy of such classification to the Georgia Bureau of Investigation, the Department of Corrections, the sheriff of the county where the sexual offender resides, sexual offender, and the sentencing court, if applicable. (b)(1) If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. If the board determines that a sexual offender should be classified as a sexually dangerous predator, the sexual offender may petition the board to reevaluate his or her classification. To file a petition for reevaluation, the sexual offender shall be required to submit his or her written petition for reevaluation to the board within 20 days from the date of the letter notifying the sexual offender of his or her classification. The sexual offender shall have 60 days from the date of the notification letter to submit information as provided in subsection (a) of this Code section in support of the sexual offender's petition for reevaluation. If the sexual offender fails to submit the petition or supporting documents within the 546 JOURNAL OF THE SENATE time limits provided, the classification shall be final. The board shall notify the sexual offender by first class mail of its decision on the petition for reevaluation of risk assessment classification and shall send a copy of such notification to the Georgia Bureau of Investigation, the Department of Corrections, the sheriff of the county where the sexual offender resides, and the sentencing court, if applicable. (2) If the sexual offender received a sentence of imprisonment and was sentenced for a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. A sexual offender who is classified by the board as a sexually dangerous predator may file a petition for judicial review of his or her classification within 30 days of the date of the notification letter, or, if the sexual offender has requested reevaluation, within 30 days of the date of the letter denying the petition for reevaluation. The petition for judicial review shall name the board as defendant and the petition shall be filed in the superior court of the county where the offices of the board are located. Within 30 days after service of the appeal on the board, the board shall submit a summary of its findings to the trial court and mail a copy, by first class mail, to the sexual offender. The findings of the board shall be considered prima-facie evidence of the classification. The superior court may uphold the classification of the board or if the superior court finds, by a preponderance of the evidence, that the sexual offender is not a sexually dangerous predator, then the sexual offender shall be placed into Level II risk assessment classification. The determination made by the superior court shall be forwarded by the clerk of the superior court to the board, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final TUESDAY, MARCH 3, 2009 547 determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) (d) Any sexually dangerous predator shall be required to wear an electronic monitoring system that shall have, at a minimum: (1) The capacity to locate and record the location of a sexually dangerous predator by a link to a global positioning satellite system; (2) The capacity to timely report or record a sexually dangerous predator's presence near or within a crime scene or in a prohibited area or the sexually dangerous predator's departure from specific geographic locations; and (3) An alarm that is automatically activated and broadcasts the sexually dangerous predator's location if the global positioning satellite monitor is removed or tampered with by anyone other than a law enforcement official designated to maintain and remove or replace the equipment. Such electronic monitoring system shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such system to the Department of Corrections if the sexually dangerous predator is on probation; to the State Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The electronic monitoring system shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator by the court in accordance with subsection (b) of this Code section or a final decision pursuant to subsection (c) of this Code section, whichever applies to the sexual offender's situation, or Code Section 17-16.4 the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the electronic monitoring system placed on the sexually dangerous predator. (f) (e) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information." SECTION 13. Said article is further amended in Code Section 42-1-15, relating to restriction on registered offenders residing, working, or loitering within certain distance of child care facilities, churches, schools, or areas where minors congregate, photographing of minors, penalty for violations, and civil causes of action, by adding a new paragraph to subsection (a) to read as follows: "(4) 'Volunteer' means to engage in an activity in which one could be and ordinarily 548 JOURNAL OF THE SENATE would be employed with or without compensation, including, but not limited to, being involved with or assisting with minors as a teacher or teaching assistant or with minors who are not supervised by someone other than a sexual offender; provided, however, such term shall not be construed to preclude participating in activities limited to persons who are 18 years of age or older or being a participant in worship services or engaging in religious activities that do not include supervising, teaching, directing or otherwise participating with minors who are not supervised by someone other than a sexual offender." SECTION 14. Said article is further amended by adding a new Code section to read as follows: "42-1-16. A superior court may issue an order releasing an individual from any residency requirements of this article if the individual or someone acting on behalf of the individual petitions the superior court of the jurisdiction in which such individual resides to be released from the residency requirements of this article, the court finds by a preponderance of the evidence that the individual does not pose a substantial risk of perpetrating any future dangerous sexual offense, and the individual: (1) Resides in a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home; (2) Is totally and permanently disabled as such term is defined in Code Section 49-480; or (3) Is otherwise seriously physically incapacitated due to illness or injury." SECTION 15. This Act shall become effective on the thirtieth day after the date on which this Act is approved by the Governor or becomes law without such approval. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. Senator Harp of the 29th offered the following amendment #1 to the committee substitute: Amend the Senate Judiciary Committee substitute to SB 157 (LC 29 3721S) by revising lines 161 through 166 as follows: the sexual offender resides or sleeps, is employed, or attends an institution of higher education; (4) Renew the required registration information with the sheriff of the each county in which the sexual offender resides or sleeps, is employed, or attends an institution of higher education by reporting in person to the sheriff within 72 hours prior to such offender's birthday each year to be photographed, palm printed, and fingerprinted and provide a noninvasive DNA sample if none has previously been taken; provided, TUESDAY, MARCH 3, 2009 549 however, that such offender shall only be photographed in the county where such offender resides; and provided, further, that the taking of palm prints and fingerprints shall be optional for each county sheriff; By striking line 168 and inserting in lieu thereof the following: the sexual offender resides or sleeps within 72 hours of prior to any change to the required By striking line 175 and inserting in lieu thereof the following: change in attendance at an institution of higher education to the sheriff of the each county to On the adoption of the amendment, there were no objections, and the Harp 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 52, nays 2. Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) 550 JOURNAL OF THE SENATE SB 157, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. SB 65. By Senators Grant of the 25th, Crosby of the 13th, Hooks of the 14th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Smith of the 52nd offered the following amendment #1: Amend SB 65 by striking on line 18, the words, "not to exceed 120 days." 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 29, nays 6, and the Smith 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 Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas Y Thompson,C TUESDAY, MARCH 3, 2009 551 Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed 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 65, having received the requisite constitutional majority, was passed as amended. SB 151. By Senators Wiles of the 37th and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Parole greater input from crime victims, their families, and other interested witnesses; to provide for victim notification of parole board hearings; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 151: A BILL TO BE ENTITLED AN ACT To amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Parole greater input from crime victims, their families, and other interested witnesses; to provide for victim notification of parole board hearings; 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 17-10-1.2 of the Official Code of Georgia Annotated, relating to an oral victim impact statement, is amended by revising subsection (a) as follows: "(a)(1) Except as provided in paragraph (2) of this subsection, in In all cases in which the death penalty may be imposed, subsequent to an adjudication of guilt and in conjunction with the procedures in Code Section 17-10-30, the court may shall allow evidence from the family of the victim, or such other witness having personal 552 JOURNAL OF THE SENATE knowledge of the victim's personal characteristics and the emotional impact of the crime on the victim, the victim's family, or the community. Such evidence shall be given in the presence of the defendant and of the jury and shall be subject to crossexamination. (2) The admissibility of the evidence described in paragraph (1) of this subsection The admissibility of such evidence shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner and to such a degree as not to inflame or unduly prejudice the jury or unduly burden a witness. (2)(3) In all cases other than those in which the death penalty may be imposed, prior to fixing of the sentence as provided for in Code Section 17-10-1 or the imposing of life imprisonment as mandated by law, and before rendering the appropriate sentence, including any order of restitution, the court, within its discretion ,may shall allow evidence from the victim, the family of the victim, or such other witness having personal knowledge of the impact of the crime on the victim, the family of the victim, or the community. Such evidence shall be given in the presence of the defendant and shall be subject to cross-examination. The admissibility of the evidence described in this paragraph shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner as to allow for cross-examination by the defendant and to such a degree as not to unduly prejudice the defendant or unduly burden a witness. (4) Evidence presented pursuant to this subsection may be in the form of, but not limited to, a written statement, an audiotaped or videotaped statement, a teleconference, other electronic means, or a statement made via speakerphone with an attorney's verification of the speaker's identity. Photographs of the victim may be included with any evidence presented pursuant to this subsection. Where evidence is presented with an attorney's verification, such attorney shall be subject to crossexamination." SECTION 2. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by revising Code Section 42-9-43, relating to information to be considered by the board, conduct of investigation and examination, and determination as to grant of relief, as follows: "42-9-43. (a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person inmate in question. Included therein shall be: (1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person inmate has been confined upon the conduct of record of the person inmate while in such jail or state or county correctional institution; (2) The results of such physical and mental examinations as may have been made of the person inmate; TUESDAY, MARCH 3, 2009 553 (3) The extent to which the person inmate appears to have responded to the efforts made to improve his or her social attitude; (4) The industrial record of the person inmate while confined, the nature of his or her occupations while so confined, and a recommendation as to the kind of work he the inmate is best fitted to perform and at which he or she is most likely to succeed when and if he or she is released; and (5) The educational programs in which the person inmate has participated and the level of education which the person inmate has attained based on standardized reading tests; and (6) The written, oral, audiotaped, or videotaped testimony of the victim, the victim's family, or a witness having personal knowledge of the victim's personal characteristics. (b) The board may also make such other investigation as it may deem necessary in order to be fully informed about the person inmate. (b)(c) Before releasing any person inmate on parole, the board may have the person inmate appear before it and may personally examine him or her. Thereafter, upon consideration, the board shall make its findings and determine whether or not the person inmate shall be granted a pardon, parole, or other relief within the power of the board; and the board shall determine the terms and conditions thereof. Notice of the determination shall be given to the person inmate and to the correctional official having him such inmate in custody. (c)(d) If a person an inmate is granted a pardon or a parole, the correctional officials having the person inmate in custody, upon notification thereof, shall inform him or her of the terms and conditions thereof and shall, in strict accordance therewith, release the person inmate. (e) The board shall send written notification of the parole decision to the victim or, if the victim is no longer living, to the family of the victim." 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 Buckner Y Hawkins Y Heath Y Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer 554 JOURNAL OF THE SENATE Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 151, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, March 4, 2009. The motion prevailed, and the President announced the Senate adjourned at 4:47 p.m. WEDNESDAY, MARCH 4, 2009 555 Senate Chamber, Atlanta, Georgia Wednesday, March 4, 2009 Twenty-sixth 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 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 74. 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. HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent 556 JOURNAL OF THE SENATE HB 300. HB 312. HB 325. HB 396. special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Porter of the 143rd, Gardner of the 57th, Lindsey of the 54th 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 local school systems to provide certain information to parents and guardians of students in grades six through 12 on meningococcal meningitis disease and its vaccine whenever other health information is provided; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hill of the 21st, Mills of the 25th, Coan of the 101st, Greene of the 149th, Knight of the 126th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Human Resources to require fingerprinting and criminal background investigations of all applicants for licensure and license renewal as emergency medical services personnel; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th: A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend WEDNESDAY, MARCH 4, 2009 557 HB 406. HB 427. Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes. By Representatives Coan of the 101st, McCall of the 30th, Ehrhart of the 36th, Amerson of the 9th and Smith of the 70th: A BILL to be entitled an Act to amend Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Stephens of the 164th, Willard of the 49th, Williams of the 165th, Hill of the 180th, Gordon of the 162nd and others: A BILL to be entitled an Act to amend Code Section 36-88-6, relating to criteria for an enterprise zone, so as to provide for certain criteria for pervasive property; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 518. By Representative Cheokas of the 134th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Geneva in Talbot County, Georgia, approved April 10, 1998 (Ga. L. 1998, p. 4413), so as to designate the center of the town and define the corporate city limits; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 534. By Representatives Holt of the 112th, Collins of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to provide for certain rights, powers, and privileges of the Newton County Industrial Development Authority; to define a term; to repeal certain Acts related to the authority; to repeal conflicting laws; and for other purposes. 558 JOURNAL OF THE SENATE HB 539. HB 541. HB 557. HB 561. 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 Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 6, 1990 (Ga. L. 1990, p. 3650), so as to provide for a residency qualification for members of the board of commissioners; to provide 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. By Representative Jackson of the 142nd: A BILL to be entitled an Act to provide a new charter for the City of Tennille; 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 other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," approved June 30, 1964 (Ga. L. 1964, p. 2260), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4660), so as to change the manner of appointment of members of the authority; to change the terms of office for such members to staggered, three-year terms of office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act creating the Pike County Recreation Authority, approved March 18, 1986 (Ga. L. 1986, p. 4070), as amended, so as to change the name of the authority to the Pike County Parks and Recreation Authority; to clarify provisions relating to tax exemptions of the authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 4, 2009 559 HB 562. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act creating the Pike Clean and Beautiful Authority, approved April 4, 1991 (Ga. L. 1991, p. 4093), as amended, so as to change certain provisions relating to the Keep Pike Beautiful Authority; to change the number of members of the authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 563. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Randolph County, approved February 28, 1994 (Ga. L. 1994, p. 3575), as amended, so as to provide for organization and officers of the board; to provide for a quorum and the transaction of business; to provide for board policies; 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 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 39. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: 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 a 1 percent 560 JOURNAL OF THE SENATE sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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. The following Senate legislation was introduced, read the first time and referred to committee: SB 227. By Senator Wiles of the 37th: 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 provide for the issuance of search warrants authorizing the installation, use, and removal of tracking devices subject to certain conditions; 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 Special Judiciary Committee. SB 228. By Senators Tolleson of the 20th, Grant of the 25th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to provide for buffers along certain tidally influenced state waters; to exempt certain man-made impoundments; to provide for rules and regulations; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 229. By Senators Tolleson of the 20th, Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to conservation and natural resources, so as to change certain provisions relating to references to administrative law judge or hearing officer, references to final decision of Board of Natural Resources, and filing request for administrative WEDNESDAY, MARCH 4, 2009 561 review; to provide for deference by administrative law judges when reviewing certain administrative orders or actions; 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. SB 230. By Senator Thompson of the 5th: A BILL to be entitled an Act to amend Code Section 31-3-12.1 of the O.C.G.A., relating to contracts between county boards of health and authorization for and provisions applicable to county boards of health serving as community service boards, so as to modify certain provisions relating to the membership of community service boards; to amend Chapter 1 of Title 37 of the O.C.G.A., relating to general provisions for mental health, so as to transfer the powers and duties of community service boards to the Department of Human Resources; to amend Chapter 2 of Title 37 of the O.C.G.A., relating to the administration of mental health, mental retardation, substance abuse, and other disability services, so as to transfer the duties pertaining to such administration to the Department of Human Resources; to amend the O.C.G.A. to make conforming changes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 231. By Senator Weber of the 40th: 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 establish the PROMISE III teacher's scholarship; to provide for eligibility requirements; to provide for service cancelable requirements; to provide for the maximum amount; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 232. By Senators Henson of the 41st and Orrock of the 36th: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to provide for methods for euthanasia of animals; to provide for training of certain persons authorized to euthanize animals; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. 562 JOURNAL OF THE SENATE SB 233. By Senators Stoner of the 6th, Mullis of the 53rd, Thompson of the 33rd, Douglas of the 17th, Golden of the 8th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to require the board to administer or approve examinations which conform to the respective scopes of practice for purposes of certifying emergency medical technicians, paramedics, and cardiac technicians; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 234. By Senators Fort of the 39th, Reed of the 35th, Tate of the 38th, Butler of the 55th, Orrock of the 36th 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 certain defendants guilty of crimes which target a victim due to the victim's race, religion, gender, gender identity, sexual orientation, or national origin, circumstances, and parole; to provide for certain exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 235. By Senators Pearson of the 51st, Rogers of the 21st, Smith of the 52nd and Tolleson of the 20th: 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 prohibit requiring a person to be implanted with a microchip; to provide for a short title; to provide for definitions; to provide for penalties; to provide for regulation by the Composite State Board of Medical Examiners; 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 236. By Senators Hudgens of the 47th, Shafer of the 48th, Rogers of the 21st, Jackson of the 24th, Murphy of the 27th 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 definitions; to WEDNESDAY, MARCH 4, 2009 563 provide for applicability; to provide for procedures for local governments to adopt property development moratoriums; to provide for reasons and findings for moratoriums; to provide for the expiration of moratoriums; to provide for permit waivers under certain circumstances; to provide limitations on moratoriums; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 237. By Senators Mullis of the 53rd, Cowsert of the 46th, Hamrick of the 30th, Murphy of the 27th, Hooks of the 14th and others: A BILL to be entitled an Act to amend Code Section 10-1-393.4 of the Official Code of Georgia Annotated, relating to prohibited pricing practices during a state of emergency, so as to prohibit certain pricing practices during an abnormal market disruption significantly affecting the production, distribution, supply, sale, or availability of oil, gasoline, or other petroleum products; to define terms; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 238. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 239. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Butler of the 55th, Jones of the 10th, Buckner of the 44th and others: A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to revise certain provisions relating to mandatory attendance; to require new residents in a local school system to enroll a child within 30 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local school system official who fails to make certain reports is guilty of a misdemeanor; to 564 JOURNAL OF THE SENATE provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 241. By Senator Fort of the 39th: A BILL to be entitled an Act 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 change provisions relating to classification of information and documents and divulgence of confidential state secrets; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 456. By Senators Mullis of the 53rd, Murphy of the 27th and Thomas of the 54th: A RESOLUTION creating the Senate Study Committee on a Blood Pressure Down Shift Program; and for other purposes. Referred to the Health and Human Services Committee. SR 464. By Senator Weber of the 40th: A RESOLUTION urging the Board of Regents of the University System of Georgia and Georgia's private colleges and universities to increase teacher production to meet the state's need for K-12 teachers; and for other purposes. Referred to the Education and Youth Committee. WEDNESDAY, MARCH 4, 2009 565 SR 465. By Senator Weber of the 40th: A RESOLUTION recognizing the value of partnerships between local school systems and postsecondary rinstitutions and urging the Board of Regents of the University System of Georgia, Georgia's private colleges and universities, the Department of Education, the Professional Standards Commission, and local school systems to continue to establish and enable such partnerships; and for other purposes. Referred to the Education and Youth Committee. SR 466. By Senator Weber of the 40th: A RESOLUTION establishing the Performance Based Principal Certificate Renewal Design Team; and for other purposes. Referred to the Education and Youth Committee. SR 476. By Senators Goggans of the 7th, Orrock of the 36th, Unterman of the 45th, Thomas of the 54th, Tate of the 38th and others: A RESOLUTION creating the Senate Study Committee for Advance Directives Assessment, Planning, and Oversight; and for other purposes. Referred to the Health and Human Services Committee. The following House legislation was read the first time and referred to committee: HB 74. 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 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a 566 JOURNAL OF THE SENATE short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 300. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Porter of the 143rd, Gardner of the 57th, Lindsey of the 54th 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 local school systems to provide certain information to parents and guardians of students in grades six through 12 on meningococcal meningitis disease and its vaccine whenever other health information is provided; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 312. By Representatives Hill of the 21st, Mills of the 25th, Coan of the 101st, Greene of the 149th, Knight of the 126th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110289; 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 325. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Human Resources to require fingerprinting and criminal background investigations of all applicants WEDNESDAY, MARCH 4, 2009 567 for licensure and license renewal as emergency medical services personnel; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th: A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 406. By Representatives Coan of the 101st, McCall of the 30th, Ehrhart of the 36th, Amerson of the 9th and Smith of the 70th: A BILL to be entitled an Act to amend Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 427. By Representatives Stephens of the 164th, Willard of the 49th, Williams of the 165th, Hill of the 180th, Gordon of the 162nd and others: A BILL to be entitled an Act to amend Code Section 36-88-6, relating to criteria for an enterprise zone, so as to provide for certain criteria for pervasive property; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. 568 JOURNAL OF THE SENATE HB 518. By Representative Cheokas of the 134th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Geneva in Talbot County, Georgia, approved April 10, 1998 (Ga. L. 1998, p. 4413), so as to designate the center of the town and define the corporate city limits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 534. By Representatives Holt of the 112th, Collins of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to provide for certain rights, powers, and privileges of the Newton County Industrial Development Authority; to define a term; to repeal certain Acts related to the authority; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 539. 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 Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 6, 1990 (Ga. L. 1990, p. 3650), so as to provide for a residency qualification for members of the board of commissioners; to provide 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 541. By Representative Jackson of the 142nd: A BILL to be entitled an Act to provide a new charter for the City of Tennille; 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 other WEDNESDAY, MARCH 4, 2009 569 matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 557. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," approved June 30, 1964 (Ga. L. 1964, p. 2260), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4660), so as to change the manner of appointment of members of the authority; to change the terms of office for such members to staggered, three-year terms of office; 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 561. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act creating the Pike County Recreation Authority, approved March 18, 1986 (Ga. L. 1986, p. 4070), as amended, so as to change the name of the authority to the Pike County Parks and Recreation Authority; to clarify provisions relating to tax exemptions of the authority; 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 562. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act creating the Pike Clean and Beautiful Authority, approved April 4, 1991 (Ga. L. 1991, p. 4093), as amended, so as to change certain provisions relating to the Keep Pike Beautiful Authority; to change the number of members of the authority; 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 563. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Randolph County, approved February 28, 1994 (Ga. L. 1994, p. 570 JOURNAL OF THE SENATE 3575), as amended, so as to provide for organization and officers of the board; to provide for a quorum and the transaction of business; to provide for board policies; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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. Referred to the Finance 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: HB 343 Do Pass SB 67 Do Pass by substitute SB 153 Do Pass SB 196 Do Pass 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 108 SB 127 SB 199 Do Pass by substitute Do Pass Do Pass by substitute SB 207 Do Pass by substitute SB 213 Do Pass WEDNESDAY, MARCH 4, 2009 571 Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 437 Do Pass by substitute SB 183 Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: HB 59 HB 118 HB 120 HR 279 SB 64 SB 75 SB 92 SB 96 SB 112 SB 122 SB 128 SB 155 SB 158 SB 161 SB 168 SB 184 SB 193 SB 194 SB 198 SB 206 SR 110 SR 328 SR 333 SR 399 The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Buckner of the 44th Heath of the 31st 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: Balfour Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Jones Moody Mullis Murphy Orrock Pearson Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson 572 JOURNAL OF THE SENATE Hamrick Harbison Harp Hawkins Henson Powell Ramsey Reed Rogers Seabaugh Unterman Weber Wiles Williams Not answering were Senators: Adelman (Excused) Fort (Excused) Brown Heath (Excused) Buckner (Excused) Johnson Senator Brown of the 26th 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 Harbison of the 15th introduced the chaplain of the day, Bishop Keith Blue of Columbus, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 454. By Senator Williams of the 19th: A RESOLUTION honoring and celebrating the 104th birthday of Mrs. Verona Mosley Dukes; and for other purposes. SR 455. By Senator Williams of the 19th: A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Madie Berry Thomas; and for other purposes. SR 457. By Senator Hill of the 32nd: A RESOLUTION expressing cultural, economic, and educational cooperation with the Federal Republic of Germany; and for other purposes. SR 458. By Senator Hill of the 32nd: A RESOLUTION expressing cultural, economic, and educational cooperation with the Republic of Austria; and for other purposes SR 459. By Senator Hill of the 32nd: A RESOLUTION expressing cultural, economic, and educational cooperation WEDNESDAY, MARCH 4, 2009 573 with the People's Republic of China and recognizing March 17, 2009, as China Day at the state capitol; and for other purposes. SR 460. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION commending Khoa Dang Nguyen, Morrow High School's 2009 STAR Student, and Ginia McMillan, Morrow High School's 2009 STAR Teacher; and for other purposes. SR 461. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION commending Abigail Oludoyin Akinosho, Mundy's Mill High School's 2009 STAR Student, and Cheri Wright, Mundy's Mill High School's 2009 STAR Teacher; and for other purposes. SR 462. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION commending Chelsea Davis, Jonesboro High School's 2009 STAR Student, and Andrew Cox, Jonesboro High School's 2009 STAR Teacher; and for other purposes. SR 463. By Senators Thompson of the 5th and Henson of the 41st: A RESOLUTION recognizing and commending the Solomon Lodge No.1 of Free and Accepted Masons of Georgia on the occasion of its 275th anniversary; and for other purposes. SR 467. By Senator Weber of the 40th: A RESOLUTION recognizing and commending Justin Camp; and for other purposes. SR 468. By Senators Henson of the 41st, Butler of the 55th, Ramsey, Sr. of the 43rd and Orrock of the 36th: A RESOLUTION recognizing and commending Nicholas Neal Stephens; and for other purposes. SR 469. By Senators Harp of the 29th and Harbison of the 15th: A RESOLUTION recognizing March 10, 2009, as Columbus Day at the state capitol; and for other purposes. 574 JOURNAL OF THE SENATE SR 470. By Senators Buckner of the 44th, Seay of the 34th, Unterman of the 45th, Sims of the 12th, Thompson of the 33rd and others: A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and the 2009 GLOW honorees; and for other purposes. SR 471. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Jeff Malone on his induction into the Georgia Sports Hall of Fame; and for other purposes. SR 472. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Family Literacy Night at Edgewood Elementary School; and for other purposes. SR 473. By Senator Harbison of the 15th: A RESOLUTION commending Nan Pate, Brookstone School's 2009 STAR Teacher; and for other purposes. SR 474. By Senator Harbison of the 15th: A RESOLUTION commending Sam Coffin, Brookstone School's 2009 STAR Student; and for other purposes. SR 475. By Senators Harbison of the 15th, Douglas of the 17th, Harp of the 29th, Tarver of the 22nd and Murphy of the 27th: A RESOLUTION recognizing Friday, September 18, 2009, as POW/MIA Recognition Day at the state capitol; and for other purposes. SR 477. By Senator Brown of the 26th: A RESOLUTION recognizing March 11, 2009, as Omega Psi Phi Fraternity, Inc., Day at the state capitol; and for other purposes. SR 478. By Senators Chapman of the 3rd and Johnson of the 1st: A RESOLUTION congratulating the Camden County High School football team on winning the 2008 Class AAAAA State Championship; and for other purposes. WEDNESDAY, MARCH 4, 2009 575 SR 479. By Senators Mullis of the 53rd and Thomas of the 54th: A RESOLUTION commending the Lakeview Ft. Oglethorpe High School Academic Decathlon Team; and for other purposes. SR 480. By Senator Butterworth of the 50th: A RESOLUTION recognizing and commending Demorest Woman's Club on the occasion of its 75th anniversary; and for other purposes. SR 481. By Senator Butterworth of the 50th: A RESOLUTION recognizing and commending Mr. Warren Terrell Wilkinson; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday, March 4, 2009 Twenty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 183 Douglas of the 17th CITY OF LOCUST GROVE A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 437 Jackson of the 24th Grant of the 25th MAGISTRATE COURT OF WARREN COUNTY A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment 576 JOURNAL OF THE SENATE and compensation of a clerk of the magistrate court; to provide for related matters; to repeal conflicting laws; and for other purposes. (SUBSTITUTE) The substitute to the following bill was put upon its adoption: *HB 437: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 437: A BILL TO BE ENTITLED AN ACT To amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment and compensation of a clerk of the magistrate court; 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 providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), is amended by revising Sections 1, 2, and 3 as follows: "SECTION 1. The chief magistrate of the Magistrate Court of Warren County in office on the effective date of this Act shall continue to serve as chief magistrate until the earlier of the following: (1) The expiration of the term of office to which such chief magistrate was appointed; or (2) The time that such chief magistrate otherwise leaves office. Thereafter, the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County. SECTION 2. In the absence of state law providing the salary to be paid to the judge of the probate court of Warren County for serving as chief magistrate, the compensation of the judge of the probate court for serving as chief magistrate shall be fixed by the governing authority of Warren County and shall be paid in equal monthly installments from funds of Warren County. WEDNESDAY, MARCH 4, 2009 577 SECTION 3. The governing authority of Warren County may provide for the appointment of a clerk of the Magistrate Court of Warren County by the chief magistrate. If the governing authority does not provide for the appointment of a clerk of the magistrate court, then the chief magistrate shall also serve as clerk of the magistrate court. The compensation of the clerk of the magistrate court, or of the chief magistrate serving as clerk, shall be fixed by the governing authority of Warren County and shall be paid in equal monthly installments from funds of Warren County." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 44, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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: E Adelman Y Balfour Brown E Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 44, nays 0. The bills on the Local Consent Calendar, except HB 437, having received the requisite constitutional majority, were passed. 578 JOURNAL OF THE SENATE HB 437, 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 SB 15 SENATE RULES CALENDAR WEDNESDAY, MARCH 4, 2009 TWENTY-SIXTH LEGISLATIVE DAY Waste Management; provide for quarantining/certified clean up of sites where methamphetamine was unlawfully manufactured (Substitute) (NR&E-17th) SB 102 Criminal Records; increase the fees for providing certain records (Substitute)(PUB SAF-30th) SB 117 Made in Georgia Program; revise provisions; provide rules and regulations (Substitute)(ECD-23rd) SB 124 Public Disclosure; provide social security numbers in public documents shall not be disclosed (GvtO-31st) SB 131 The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts (Substitute)(B&FI-30th) SB 136 Penal Institutions; U.S. Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer; participate (Substitute)(VM&HS-17th) SB 141 Property; foreclosures and deficiency judgements; change provisions (Substitute)(B&FI-30th) SB 163 Human Resources Commissioner; authorize to appoint a diabetes coordinator (H&HS-9th) SB 178 Education; advance funding, exceptional growth, low-wealth capital outlay grants; embed/extend a sunset date (ED&Y-56th) SR 263 President/U.S. Congress; urged to provide support to strengthen Georgia's public health infrastructure (H&HS-45th) HB 212 Sales and use tax; jet fuel; continue exemption (FIN-9th) Burkhalter-50th WEDNESDAY, MARCH 4, 2009 579 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 15. By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Rogers of the 21st, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for quarantining and certified clean up of sites where methamphetamine was unlawfully manufactured; to define certain terms; to provide for notices of quarantine and the filing thereof in the offices of clerks of superior courts; to provide for lists of persons authorized to perform testing, clean up, and certify fitness of previously quarantined property; to provide for filing of certificates of fitness in the offices of clerks of superior courts; to provide for lifting of quarantines; to provide for a registry of quarantined properties and the removal of properties from such list; to provide for continued applicability of other provisions of said chapter; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 15: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for quarantining and certified clean up of sites where methamphetamine was unlawfully manufactured; to define certain terms; to provide procedures for determining whether to quarantine property or any portion thereof; to provide for notices of quarantine and the filing thereof in the offices of clerks of superior courts; to provide for lists of persons authorized to perform testing and certify fitness of previously quarantined property; to provide for filing of certificates of fitness in the offices of clerks of superior courts; to provide for lifting of quarantines; to provide for continued applicability of other provisions of said chapter; to provide for damages; to provide for immunity from liability; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 580 JOURNAL OF THE SENATE SECTION 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by adding a new article to read as follows: "ARTICLE 10 12-8-220. As used in this article, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Director' means the director of the division. (3) 'Division' means the Environmental Protection Division of the department. (4) 'Local governing authority' means the municipal governing authority with respect to property located in a municipality and means the county governing authority with respect to property located in an unincorporated area. 12-8-221. (a) Any real property, including but not limited to any structure or room in any structure on such property, wherein the manufacture of methamphetamine in violation of Code Section 16-13-31 occurs or has occurred may be quarantined, to the extent necessary and no more, by a county department of health after notice by the local law enforcement agency having jurisdiction where such property is located. Such local law enforcement agency shall notify the county department of health within 24 hours after the laboratory has been seized. (b) Upon notice from the local law enforcement agency, a determination shall be made with respect to whether to quarantine the property or a portion thereof according to the following procedures: (1) Within three business days after notice from the local law enforcement agency, the county health department shall order a test of the property to be conducted by a person qualified under Code Section 12-8-222 at the expense of the owner of the property. If the property owner refuses to cooperate with testing, the county health department shall order a quarantine. If this test shows that the property or a portion thereof is unsafe for human use, the owner may agree to an immediate order of quarantine by the county health department or may order a second test of the property as provided in paragraph (2) of this subsection; (2) An owner who does not agree to a quarantine after a first positive test under paragraph (1) of this subsection may, within six business days after the report of the first test results, order another test of the property to be conducted by a person qualified under Code Section 12-8-222 at the expense of the owner of the property. If the second test under this paragraph shows that the property or a portion thereof is unsafe for human use, the property or portion thereof shall be quarantined by order of the county health department. If the second test under this paragraph shows that the property or portion thereof is safe for human use, a third test shall be conducted as provided in paragraph (3) of this subsection; and WEDNESDAY, MARCH 4, 2009 581 (3) Where two conflicting tests have been reported under paragraphs (1) and (2) of this subsection, the county health department shall, within ten business days after the report of the second test, order a third test of the property to be conducted by a person qualified under Code Section 12-8-222 at the expense of the local governing authority. If the third test under this paragraph shows that the property or a portion thereof is unsafe for human use, the property or portion thereof shall be quarantined by order of the county health department. If the third test under this paragraph shows that the property or portion thereof is safe for human use, no quarantine shall be ordered. The property or portion thereof in question shall be considered unfit for human habitation during the pendency of proceedings under this subsection. A person charged with any crime related to the alleged unlawful manufacture of methamphetamine shall not have standing to order any other tests provided for in this subsection. (c) A county department of health which quarantines the property shall be responsible for posting signs indicating that the property has been quarantined. (d)(1) Any person who owns or holds a lien against property quarantined pursuant to this Code section may file a petition with the local governing authority. Such a petition shall be for the purpose of requesting that the local governing authority order the quarantine of such property be lifted for one of the following reasons: (A) The property was wrongfully quarantined; or (B) The property has been properly cleaned and all contamination from the manufacture of methamphetamine removed in accordance with rules and regulations promulgated pursuant to Code Section 12-8-229, and it is now safe for human use, but the county department of health that imposed the quarantine refuses to lift it. (2) The local governing authority or its designee shall take such proof as it deems necessary to rule upon a petition filed pursuant to this subsection and, after hearing such proof, may grant the petition and lift the quarantine or deny the petition and maintain the quarantine. (e) Any person who knowingly and willfully inhabits quarantined property or property deemed unfit for habitation during proceedings under subsection (b) of this Code section, offers such property to the public for temporary or indefinite habitation, or removes any signs or notices of such quarantine shall be guilty of a misdemeanor. (f) Any person who has knowledge that property is being used or has been used in the unlawful manufacture of methamphetamine shall have a duty to report such knowledge to the appropriate local law enforcement agency; and no person shall have any civil liability for making such a report in good faith. 12-8-222. The director shall compile and maintain a list of persons who are certified industrial hygienists in accordance with Chapter 21A of Title 43 and are qualified by the director for purposes of this article. Such persons shall be authorized to test properties in which a process intended to result in the manufacture of methamphetamine has occurred in violation of Code Section 16-13-31 to determine if a property is safe for human use. 582 JOURNAL OF THE SENATE Such property may include, but is not limited to, leased or rented property such as a hotel or motel room, rented home or apartment, or any residential property. 12-8-223. Any person who owns or holds a lien against property quarantined pursuant to Code Section 12-8-221 may contact a certified industrial hygienist qualified by the director to perform appropriate testing on such property to determine whether contamination is present. The property shall remain quarantined until a certified industrial hygienist named on the director's list compiled pursuant to Code Section 12-8-222 certifies to the quarantining county department of health that the property is safe for human use. 12-8-224. (a) Whenever any real property, including but not limited to any structure or room in any structure on such property, has been quarantined by a county department of health pursuant to Code Section 12-8-221 due to the manufacture of methamphetamine, and such quarantine has been in effect for 120 days or more without a certificate of fitness issued in accordance with subsection (a) of Code Section 12-8-225 having been presented to the county department of health, an agent of the county department of health quarantining the property shall file a signed and notarized notice of methamphetamine lab quarantine in the office of the clerk of superior court in the county in which the real property or any portion of the real property lies. The clerk of court shall record such notice in the record series containing the title deeds and shall index the notice with the owner or owners of the real property as the grantor and with the local law enforcement agency giving the notice as the grantee. No fee shall be collected for this filing. (b) A notice in a form substantially as follows is sufficient to comply with subsection (a) of this Code section: 'Notice of Methamphetamine Lab Quarantine: Notice is hereby given that an illegal laboratory for the manufacture of methamphetamine was seized at the location described below on (date). This real property has been quarantined by (name of county department of health) pursuant to O.C.G.A. Section 12-8-221. This property shall remain quarantined until a certified industrial hygienist named on the list of the director of the Environmental Protection Division of the Department of Natural Resources pursuant to O.C.G.A. Section 12-8222 certifies that the property is safe for human use. Name of Property Owner or Owners:_________________________ Property Address:_________________________________________ Apartment or Unit Number (if applicable):_____________________ Description of Property Sufficient to Identify:__________________ Name of Person and Agency Giving Notice:____________________ Signature of Person Giving Notice Title/Position:________________ Date:____________ Notary Public:____________________ (Seal)' WEDNESDAY, MARCH 4, 2009 583 12-8-225. (a) Whenever a certified industrial hygienist named on the director's list pursuant to Code Section 12-8-222 determines that the property quarantined pursuant to Code Section 12-8-221 is safe for human use, based upon the standards prescribed pursuant to this article, such person or entity shall issue a signed and notarized certificate of fitness. (b) An owner of or a holder of a lien against the real property may file the certificate of fitness in the office of the clerk of superior court in the county in which the real property or any portion of the property lies. The clerk of court shall record such certificate in the record series containing the title deeds and shall index the certificate with the owner or owners of the real property as the grantee and the county department of health that issued the quarantine as the grantor. A copy of such certificate shall be attached to the notice previously filed for such property under Code Section 12-8-224. The fee for such filing shall be as for notices and certificates pertaining to real estate in accordance Code Section 15-6-77. (c) A form substantially as follows shall be sufficient to comply with subsection (a) of this Code section: 'Certificate of Fitness: Notice is hereby given that the real property quarantined by (name of county department of health) pursuant to O.C.G.A. Section 12-8-221 at the location described below has been tested by a certified industrial hygienist named on the list of the director of the Environmental Protection Division of the Department of Natural Resources compiled pursuant to O.C.G.A. Section 12-8-222. I, the undersigned, hereby certify that the real property at this location is safe for human use pursuant to O.C.G.A. Section 12-8-222 in accordance with the rules and regulations of the Department of Natural Resources as currently are in effect. Name of Property Owner or Owners:___________________________ Property Address:__________________________________________ Apartment or Unit Number (if applicable):______________________ Description of Property Sufficient to Identify:_________________________ Name of Certified Industrial Hygienist:______________________ Signature of Certified Industrial Hygienist:__________________________________ Date:_______________ Notary Public:__________________ (Seal)' 12-8-226. Nothing in this article shall relieve any person who has an interest in property quarantined pursuant to this Code section from any other applicable obligations imposed under this chapter. 12-8-227. Any person who owns or holds a lien against property that has been quarantined 584 JOURNAL OF THE SENATE pursuant to Code Section 12-8-221 may in a civil action recover damages, including but not limited to all costs of clean up for purposes of this article, incurred by such owner or lienholder as a result of the manufacture of methamphetamine on such property by a tenant or some other person who is not an owner of such property or a holder of a lien against such property. 12-8-228. Any person who owns or holds a lien against property for which a certificate of fitness has been filed in accordance with Code Section 12-8-225 shall not be liable to any tenant or grantee who occupies or takes possession of such property for personal injury or property damages allegedly caused by exposure on or after the date of such filing to contaminants associated with the previous manufacture of methamphetamine which resulted in such property being quarantined. 12-8-229. The board shall promulgate such rules and regulations as are reasonable and necessary to implement this article, including but not limited to rules and regulations concerning the inspection, testing, decontamination standards for methamphetamine and its precursors or other contaminants related to the unlawful production of methamphetamine, and quarantine of property affected by this article; provided, however, that the decontamination standard for methamphetamine shall be a specified amount not exceeding 0.1 microgram of methamphetamine per 100 square centimeters of interior building surface material to which an inhabitant may be exposed." SECTION 2. The Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Tolleson of the 20th and Hooks of the 14th offered the following amendment #1 to the committee substitute: Amend the Senate committee substitute to SB 15 (LC 14 0032S) by inserting after the second semicolon on line 10 the following: to provide for implementation to be contingent upon funding; By striking the quotation mark on line 193 and inserting between lines 193 and 194 the following: 12-8-230. This article shall not be implemented until such time as the Office of Planning and Budget gives public notice, with a copy to each county health department and each clerk WEDNESDAY, MARCH 4, 2009 585 of superior court, that state funds have been appropriated and made available to county health departments to cover the costs of implementing this article." On the adoption of the amendment, there were no objections, and the Tolleson, Hooks 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 Y Balfour Brown Y Buckner N Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks N Hudgens Y Jackson,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Reed N Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas 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 43, nays 8. SB 15, having received the requisite constitutional majority, was passed by substitute. Senator Harp of the 29th introduced the doctors of the day, Dr. Deepali Agarwal and Dr. Ravindra Agarwal. Senator Sims of the 12th recognized The Links, Incorporated, and declared March 4, 2009, as Links Day at the state capitol, commended by SR 423, adopted previously. Lynn Curry addressed the Senate briefly. 586 JOURNAL OF THE SENATE Senator Pearson of the 51st asked unanimous consent to suspend Senate Rule 3-1.2(a) to first read and assign to committee two late arriving Senate bills. Senator Brown of the 26th objected. Senator Pearson of the 51st withdrew his motion. Senator Johnson of the 1st recognized the Georgia Federation of Republican Women and declared March 4, 2009, as Red Coat Day at the state capitol, commended by SR 329, adopted previously. The Calendar was resumed. SB 102. By Senators Hamrick of the 30th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to increase the fees for providing certain criminal records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Public Safety Committee offered the following substitute to SB 102: A BILL TO BE ENTITLED AN ACT To amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the center generally, so as to require the Georgia Crime Information Center to make certain reports relating to the status of the center; to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to provide for charging reasonable fees for disseminating records; to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of records to public agencies and political subdivisions, so as to provide for charging reasonable fees for disseminating records; to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to the inspection of criminal records, purging, modifying, or supplementing of records, so as to clarify the process for collecting expungement fees; to amend Code Section 35-3-151 of the Official Code of WEDNESDAY, MARCH 4, 2009 587 Georgia Annotated, relating to responsibilities of the Georgia Bureau of Investigation, so as to require a report from the Division of Forensic Sciences for the Georgia Bureau of Investigation relating to the status of the division's ability to timely and effectively perform the mandated and suggested statutory duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the center generally, is revised in subsection (a) by striking "and" at the end of paragraph (14), by striking the period and inserting "; and" at the end of paragraph (15), and by adding a new paragraph to read as follows: "(16) Submit a report annually no later than September 30 of each year to the Governor, the President of the Senate, and the Speaker of the House of Representatives which provides information and data relating to the status of the center's ability to timely and effectively perform statutorily imposed duties required by this chapter. Such report shall include information and data regarding the need, if any, for additional equipment or personnel. The report shall also include the number of requests for and the amount of all funds collected by the center for fees charged for the dissemination, inspection, purging, modifying, or supplementing of criminal records." SECTION 2. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, is amended by revising subsection (a) as follows: "(a) The center shall be authorized to: (1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions: (A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; (B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law; and (C) When the identifying information provided is sufficient to identify persons 588 JOURNAL OF THE SENATE whose records are requested electronically, the center may disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences without: (i) Fingerprint comparison; or (ii) Consent of the person whose records are requested; or (2) Make criminal history records of the defendant or witnesses in a criminal action available to counsel for the defendant upon receipt of a written request from the defendant's counsel under the following conditions: (A) Such request shall contain the style of the case and the name and identifying information for each person whose records are requested. Such request shall be submitted to the center; (B) In cases where the court has determined the defendant to be indigent, any fees authorized by law shall be waived; and (C) Disclosure of criminal history information to the defendant's counsel as provided in this paragraph shall be solely in such counsel's capacity as an officer of the court. Any use of such information in a manner not authorized by law or the court in which such action is pending where the records were disclosed shall constitute a violation of Code Section 35-3-38; and (3) Charge reasonable fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations." SECTION 3. Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of records to public agencies and political subdivisions, and the responsibility and liability of issuing center, is amended by revising subsection (a) as follows: "(a) The center shall be authorized to: (1) Make criminal history records maintained by the center available to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies or their designated representatives, under the following conditions: (A) Public agencies or political subdivisions shall, at the time of the request, provide the fingerprints of the person whose records are requested in such manner prescribed by the center, which may include the electronic imaging of a person's fingerprints, or provide a signed consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; provided, however, that the provisions of this paragraph shall supersede any other provision relating to the submission of fingerprints to the center; (B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications WEDNESDAY, MARCH 4, 2009 589 of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law; and (C) When the identifying information provided is sufficient to identify persons whose records are requested electronically, the center may disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences without: (i) Fingerprint comparison; or (ii) Consent of the person whose records are requested; (1.1) Make criminal history records maintained by the center available to any county board of registrars or county board of registration and election. The making of an application for voter registration shall be deemed to be consent of the person making the application to release such records to the county board of registrars or county board of registration and election. Such records shall be requested for the sole purpose of verification of information provided on voter registration cards by registration applicants; (1.2) Make criminal history records maintained by the center and national criminal history records maintained by the Federal Bureau of Investigation, obtained by the center, available to the governing authority of any county or municipality, for any applicant or licensee in a specified occupation for which such local governing authority has adopted an ordinance or resolution requiring such applicants or licensees in a particular occupation or profession regulated by the governing authority to be fingerprinted as a condition of submitting an application or obtaining or renewing a license. The center shall establish a uniform method of obtaining criminal history records required under this paragraph. Such uniform method shall require the submission to the center of two complete sets of fingerprints and the records search fee. Upon receipt thereof, the center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the center shall notify the requesting local government authority in writing of any derogatory finding, including, but not limited to, any criminal record data regarding the fingerprint records check or if there is no such finding. Nothing in this paragraph shall prevent the local governing authority from obtaining national criminal history records directly from the Federal Bureau of Investigation, if an ordinance or resolution requiring the fingerprints of an applicant or licensee of a particular occupation or profession regulated by the local governing authority has been adopted by such governing authority of the county or municipality; and (2) Charge reasonable fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations." SECTION 4. Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to the 590 JOURNAL OF THE SENATE inspection of criminal records, purging, modifying, or supplementing of records, is amended by revising paragraph (1) of subsection (d) as follows: "(d)(1) An individual who was: (A) 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; or (B) After such offense referred to the proper prosecuting attorney, and the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation may request the original agency in writing to expunge the records of such arrest, including any fingerprints or photographs of the individual taken in conjunction with such arrest, from the agency files. Such request shall be in such form as the center shall prescribe. Reasonable fees shall be charged by the original agency and the center for the actual costs of the A reasonable fee shall be charged for the purging of such records, provided that such fees fee shall not exceed $50.00. The fee amount shall be established and collected by the original agency. Of the fee charged for purging such records, 50 percent shall be retained by the original agency and 50 percent shall be forwarded by the original agency to the center. The fee shall be sent by the original agency to the center at the time the request for expungement is forwarded by the original agency to the center." SECTION 5. Code Section 35-3-151 of the Official Code of Georgia Annotated, relating to responsibilities of the Georgia Bureau of Investigation, is revised by striking "and" at the end of paragraph (6), by striking the period and inserting "; and" at the end of paragraph (7), and by adding a new paragraph to read as follows: "(8) Shall provide a report annually no later than September 30 of each year to the Governor, the President of the Senate, and the Speaker of the House of Representatives which provides information and data related to the status of the division's ability to timely and effectively perform the mandated and suggested duties provided by this Code section. Such report shall include information and data regarding the need, if any, for additional equipment or personnel, the timeliness of responses to agency requests for forensic services, the ability of the division to provide testimony, and any recommended statutory changes or budgetary needs that would assist the division in meeting statutorily imposed obligations or providing other essential public safety services." SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 4, 2009 591 Senator Hamrick of the 30th offered the following amendment #1 to the committee substitute: Amend SB 102 (LC 35 1341S) by inserting between lines 72 and 73 the following: SECTION 2A. Said Code section is further amended by revising subsections (d.2) and (d.3) as follows: "(d.2) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felony convictions, pleas, and sentences without: (1) Fingerprint comparison; (2) Prior contact with the center; or (3) Consent of the person whose records are requested. Such information may be disseminated to private individuals and businesses under the conditions specified in subparagraph (a)(1)(B) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section. (d.3) No fee charged pursuant to this Code section subsection may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section subsection without payment of such fee. (d.3) Reserved." 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: E Adelman Y Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Chance Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson,L Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner 592 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Tarver Y Tate Y Thomas 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 102, having received the requisite constitutional majority, was passed by substitute. SB 117. By Senators Powell of the 23rd, Golden of the 8th, Staton of the 18th, Pearson of the 51st, Brown of the 26th 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 revise provisions related to the "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. The Senate Economic Development Committee offered the following substitute to SB 117: 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 revise provisions related to the "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by revising Code Section 50-7-80, relating to creation of the "Made in Georgia" Program, as follows: "50-7-80. WEDNESDAY, MARCH 4, 2009 593 (a) The General Assembly finds that: (1) The State of Georgia substantially benefits from the consumption of goods and products manufactured in Georgia; and (2) The State of Georgia could further substantially benefit from creating public awareness of the importance of choosing Georgia's goods and products whenever possible. (b) The Department of Economic Development shall create and implement a 'Made in Georgia' program promoting goods and products manufactured in Georgia. This program shall: (1) Showcase and promote goods and products manufactured in Georgia; (2) Inform Georgians of the diverse manufacturing sector within this state; and (3) Provide educational outreach efforts to bring the science of manufacturing into the classroom and emphasize the significant contributions Georgia companies make to the economy and quality of life in Georgia. (c) The Department of Economic Development shall create and maintain a website informing the public of Georgia manufacturers and their goods and products. All state governmental entities that maintain websites shall cooperate with the Department of Economic Development to include a link to the website created pursuant to this subsection, provided that the Department of Economic Development determines that such link is appropriate and is in the best interest of the state. (d) Companies shall be required to manufacture a minimum of 50 percent of its product or good within the boundaries of the state of Georgia to qualify for inclusion to the provisions of this Code section. (c)(e) The Department of Economic Development may adopt any rules and regulations that it finds necessary to properly implement 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: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith 594 JOURNAL OF THE SENATE Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C 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 117, having received the requisite constitutional majority, was passed by substitute. SB 124. By Senators Heath of the 31st, Butterworth of the 50th, Staton of the 18th, Murphy of the 27th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, so as to provide that social security numbers in public documents shall not be disclosed; to repeal an exception; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas WEDNESDAY, MARCH 4, 2009 595 Y Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed 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 124, having received the requisite constitutional majority, was passed. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. SB 131. By Senators Hamrick of the 30th, Cowsert of the 46th, Crosby of the 13th and Tarver of the 22nd: A BILL to be entitled an Act to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, so as to provide a short title; to comprehensively revise provisions relating to trusts, charitable trusts, trustees, and trust investments; to provide for general provisions relating to trusts; to provide for the creation and validity of express trusts; to provide for revocable trusts; to provide for reformation, modification, division, consolidation, and termination of trusts; to amend Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restrictions on corporate fiduciaries, so as to provide that nonprofit corporations and other entities may lawfully act as a fiduciary; to repeal conflicting laws; and for other purposes. The Senate Banking and Financial Institutions Committee offered the following substitute to SB 131: A BILL TO BE ENTITLED AN ACT To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, so as to provide a short title; to comprehensively revise provisions relating to trusts, charitable trusts, trustees, and trust investments; to provide for general provisions relating to trusts; to provide for the creation and validity of express trusts; to provide for revocable trusts; to provide for reformation, modification, division, consolidation, and termination of trusts; to provide for creditors' claims and spendthrift and discretionary provisions; to provide for testamentary additions to trusts; to provide for implied trusts; to provide for creation by deed to acquire beneficial interest; to provide for charitable trusts; 596 JOURNAL OF THE SENATE to provide for trustees, their appointment, and their compensation; to provide for resignation and removal; to provide for interim accounting and final accounting; to provide for trustees' duties and powers, certification or trusts, and registration and deposit of securities; to provide for trustee liability; to provide for foreign entities and nonresidents acting as trustees; to provide for trust investments; to enact the Georgia Principal and Income Act; to provide for appointment at the beginning and end of income interest; to provide for allocation of receipts during administration of trust; to provide for related matters; to amend Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restrictions on corporate fiduciaries, so as to provide that nonprofit corporations and other entities may lawfully act as a fiduciary; 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 Revised Georgia Trust Code of 2009." SECTION 2. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, is amended by repealing in its entirety Chapter 12, relating to trusts, and inserting in its place the following: "CHAPTER 12 ARTICLE 1 53-12-1. Except to the extent it would impair vested rights and except as otherwise provided by law, the provisions contained in this chapter shall apply to any trust regardless of the date it was created. 53-12-2. As used in this chapter the term: (1) 'Ascertainable standard' means a standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the federal Internal Revenue Code of 1986. (2) 'Beneficiary' means a person for whose benefit property is held in trust, regardless of the nature of the interest, and includes any beneficiary, whether vested or contingent, born or unborn, ascertained or unascertained. (3) 'Express trust' means a trust as described in Code Section 53-12-20. (4) 'Grantor' means settlor. (5) 'Implied trust ' means a resulting trust as described in Code Section 53-12-130 or a constructive trust as described in Code Section 53-12-132. (6) 'Person' means an individual, corporation, partnership, association, joint-stock company, business trust, unincorporated organization, limited liability company, or WEDNESDAY, MARCH 4, 2009 597 other legal entity, including any of the foregoing acting as a fiduciary. (7) 'Property' means any type of property, whether real or personal, tangible or intangible, legal or equitable. (8) 'Qualified beneficiary' means a living individual or other existing person who, on the date of determination of beneficiary status: (A) Is a distributee or permissible distributee of trust income or principal; (B) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subparagraph (A) of this paragraph terminated on that date without causing the trust to terminate; or (C) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (9) 'Settlor' means the person who creates the trust, including a testator in the case of a testamentary trust. The terms 'grantor' and 'trustor' mean the same as 'settlor.' (10) 'Trust' means an express trust or an implied trust. (11) 'Trust instrument' means the document or documents, including any testamentary instrument, that contains the trust provisions. (12) 'Trust property' means property the legal title to which is held by the trustee. The term also includes choses in action, claims, and contract rights, including a contractual right to receive death benefits as designated beneficiary under a policy of insurance, contract, employees' trust or other arrangement. The terms 'trust corpus' and 'trust res' mean the same as 'trust property.' (13) 'Trustee' means the person or persons holding legal title to the property in trust. (14) 'Trustor' means settlor. 53-12-3. Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another provision of law, those principles remain the law of the state. 53-12-4. (a) As to real property, the validity of a trust is determined by the law of the situs of the real property. (b) As to all other property, the validity of a trust is determined by: (1) The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or (2) In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue. 53-12-5. The meaning and effect of the trust provisions are determined by: (a) The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most 598 JOURNAL OF THE SENATE significant relationship to the matter at issue; or (b) In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue. 53-12-6. (a) Trusts are peculiarly subjects of equity jurisdiction. Suits by or against a trustee which sound at law may be filed in a court of law. (b) Actions concerning the construction, administration, or internal affairs of a trust shall be maintained in superior court except as otherwise provided in Code Section 159-127. (c) Any action by or against the trustee or to which the trustee is a party may be maintained in any court having jurisdiction over the parties and the subject matter except as provided in subsection (b) of this Code section. 53-12-7. (a) The effect of the provisions of this chapter and Chapters 13 through 15 may be varied by the trust instrument except: (1) As to any requirements in Article 2 of this chapter relating to the creation and validity of express trusts; (2) As to the effect of the rules as provided in Article 5 of this chapter relating to spendthrift trusts; (3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-14-6; (4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith, as provided in Code Sections 53-14-30 and 53-14-38; (5) As to the effect of a provision relieving a trustee from liability, as provided in Code Section 53-14-53; and (6) As to the periods of limitation on actions, as provided in Code Sections 53-12-25 and 53-14-57. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter or Chapters 13 through 15 or as otherwise provided by law. ARTICLE 2 53-12-20. (a) An express trust shall be created or declared in writing and signed by the settlor or an agent for the settlor acting under a power of attorney containing express authorization. (b) An express trust shall have each of the following elements, ascertainable with reasonable certainty: (1) An intention by a settlor to create a trust; (2) Trust property; WEDNESDAY, MARCH 4, 2009 599 (3) Except for charitable trusts, a beneficiary who is reasonably ascertainable at the time of the creation of the trust or reasonably ascertainable within the period of the rule against perpetuities; (4) A trustee; and (5) Trustee duties specified in the writing or provided by law. (c) The requirement that a trust have a reasonably ascertainable beneficiary is satisfied if under the trust instrument the trustee or some other person has the power to select the beneficiaries based on a standard or in the discretion of the trustee or other person. 53-12-21. (a) No formal words are necessary to create an express trust. (b) Words otherwise precatory in nature will create a trust only if they are sufficiently imperative to show a settlor's intention to impose enforceable duties on a trustee, and if all other elements of an express trust are present. 53-12-22. (a) A trust may be created for any lawful purpose. (b) A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out. 53-12-23. A person has capacity to create an inter vivos trust to the extent that person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that person has legal capacity to devise or bequeath property by will. 53-12-24. No trust is invalid or terminated and no merger of title to trust property occurs merely because the trustee or trustees are the same person or persons as the beneficiary or beneficiaries of the trust. 53-12-25. (a) Transfer of property to a trust requires a transfer of legal title to the trustee. (b) For any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records. 53-12-26. Property may be added to an existing trust from any source in any manner if the addition is not prohibited by the trust instrument and the property is acceptable to the trustee. 600 JOURNAL OF THE SENATE 53-12-27. When the construction of an express trust is at issue, the court may hear parol evidence of the circumstances surrounding the settlor at the time of the execution of the trust and parol evidence to explain all ambiguities, both latent and patent. 53-12-28. (a) A trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. (b) A trust authorized by this Code section may be enforced by a person appointed in the trust instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. (c) Upon termination of a trust authorized by this Code section, the trustee shall transfer any unexpended trust property in the following order: (1) As directed in the trust instrument; (2) If the trust was created in a nonresiduary clause in the settlor's will or in a codicil to the settlor's will, under the residuary clause in the settlor's will; and (3) If no taker is produced by the application of paragraph (1) or (2) of this subsection, to the settlor, if living, and if not to the settlor's heirs, as determined under Code Section 53-2-1. ARTICLE 3 53-12-40. (a) A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power. (b) A power to revoke will be deemed to include a power to modify and an unrestricted power to modify will be deemed to include a power to revoke. (c) Any revocation or modification of an express trust must be in writing and signed by the settlor. 53-12-41. In exercising a power to modify the trust instrument, the settlor may not enlarge the duties or liabilities of the trustee without the trustee's express consent. 53-12-42. A trustee is not liable for failing to act in accordance with the terms and conditions of an amendment or revocation of a trust of which the trustee had no notice. 53-12-43. (a) A settlor's powers with respect to revocation, amendment, or distribution of trust WEDNESDAY, MARCH 4, 2009 601 property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the trust instrument and the power. (b) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by the settlor's conservator only as provided in Code Section 29-5-23. 53-12-44. No trust shall be considered to be revocable merely because the life beneficiary has a reversion in or a power of appointment over assets of the trust or because the life beneficiary's heirs or estate have a remainder interest therein. 53-12-45. (a) Any judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor's death must be commenced within two years of the settlor's death. (b) Upon the death of the settlor of a trust that was revocable immediately before the settlor's death, the trustee may proceed to distribute the trust property in accordance with the trust provisions. The trustee is not subject to liability for doing so unless: (1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or (2) A potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification. (c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received. ARTICLE 4 53-12-60. (a) If it is proved by clear and convincing evidence that the trust provisions were affected by a mistake of fact or law, whether in expression or inducement, the court may reform the trust provisions, even if unambiguous, to conform the provisions to the settlor's intention. (b) A petition for reformation may be filed by the trustee or any beneficiary, or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate. (c) Notice of a petition for reformation of the trust shall be given to the trustee and all beneficiaries. 53-12-61. The trust instrument may confer upon a trustee or other person a power to modify the trust. 53-12-62. (a) The court may: 602 JOURNAL OF THE SENATE (1) Modify the administrative or dispositive provisions of a trust if, owing to circumstances not known to or anticipated by the settlor, compliance with the provisions of the trust would defeat or substantially impair the accomplishment of the purposes of the trust; (2) Modify the administrative provisions of a trust if continuation of the trust under its existing provisions would impair the trust's administration; or (3) Modify the trust by the appointment of an additional trustee or special fiduciary if the court considers the appointment necessary for the administration of the trust. (b) A petition for modification may be filed by the trustee or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate. (c) Notice of a petition to modify the trust shall be given to the trustee and all beneficiaries. (d) The court may modify the trust regardless of whether it contains spendthrift or other similar protective provisions. (e) An order for modification shall conform as nearly as practicable to the intention of the settlor. 53-12-63. (a) The court may order the division of a single trust into two or more trusts or the consolidation of two or more trusts into a single trust if the division or consolidation: (1) Is consistent with the intent of the settlor with regard to any trust to be consolidated or divided; (2) Would facilitate administration of the trust or trusts; and (3) Would be in the best interest of all beneficiaries. (b) A petition for division or consolidation may be filed by the trustee or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate. (c) Notice of a petition to divide or consolidate a trust or trusts shall be given to the trustee and all beneficiaries of each trust. (d) Subsection (a) of this Code section may apply to one or more trusts created by the same or different instruments or by the same or different persons. (e) Subsection (a) of this Code section shall not limit the right of the trustee acting in accordance with the applicable provisions of the governing instrument to divide or consolidate trusts. 53-12-64. (a) The trust instrument may confer upon a trustee or other person a power to terminate the trust. (b) The court may terminate a trust and order distribution of the trust property if: (1) The costs of administration are such that the continuance of the trust, the establishment of the trust if it is to be established, or the distribution from a probate estate would defeat or substantially impair the purposes of the trust; (2) The purpose of the trust has been fulfilled or become illegal or impossible of WEDNESDAY, MARCH 4, 2009 603 fulfillment; or (3) Owing to circumstances not known to or anticipated by the settlor, the continuance of the trust would defeat or substantially impair the accomplishment of the purposes of the trust. (c) A petition for termination may be filed by the trustee or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate. (d) Notice of a petition to terminate the trust shall be given to the trustee, all beneficiaries, any holder of a power of appointment over the trust property, and such other persons as the court may direct. (e) The court may terminate the trust regardless of whether it contains spendthrift or other similar protective provisions. (f) Distribution of the trust property under the order for termination shall be made to or among the current beneficiaries and the vested remainder beneficiaries, or, if there are no vested remainder beneficiaries, among the current beneficiaries and the contingent remainder beneficiaries. The order shall specify the appropriate share, if any, of each current and remainder beneficiary who is to share in the proceeds of the trust, so as to conform as nearly as practicable to the intention of the settlor or testator. The order may direct that the interest of a minor beneficiary, or any portion thereof, be converted into qualifying property and distributed to a custodian pursuant to Article 5 of Chapter 5 of Title 44, 'The Georgia Transfers to Minors Act.' 53-12-65. (a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property either having a total value less than $50,000.00 or for which the trustee's annual fee for administering the trust is 5 percent or more of the market value of the principal assets of the trust as of the last day of the preceding trust accounting year may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. (b) The court may modify or terminate a trust or remove a trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration. (c) Upon termination of a trust under this Code section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. (d) This Code section shall not apply to an easement for conservation. ARTICLE 5 53-12-80. (a) As used in this Code section, the term 'spendthrift provision' means a provision in a trust instrument that prohibits transfers of a beneficiary's interest in the income or principal or both. (b) A spendthrift provision is valid only if it prohibits both voluntary and involuntary transfers. 604 JOURNAL OF THE SENATE (c) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest in the manner set forth in this article. (d) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this Code section, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary. (e) A spendthrift provision is not valid as to the following claims against a beneficiary's right to a current distribution to the extent the distribution would be subject to garnishment under the laws of this state if the distribution were disposable earnings: (1) Alimony or child support; (2) Taxes or other governmental claims; or (3) Judgments for necessaries. The ability of a creditor or assignee to reach a beneficiary's interest under this subsection will not apply to the extent it would disqualify the trust as a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A), 1396p(d)(4)(C). (f) A provision in a trust instrument that a beneficiary's interest shall terminate or become discretionary upon an attempt by the beneficiary to transfer it, an attempt by the beneficiary's creditors to reach it, or upon the bankruptcy or receivership of the beneficiary shall be valid except to the extent of the proportion of trust property attributable to that beneficiary's contribution. (g) If a beneficiary is also a contributor to the trust, a spendthrift provision is not valid as to that beneficiary to the extent of the proportion of trust property attributable to that beneficiary's contribution. This subsection shall not apply to a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A) or 1396p(d)(4)(C). (h) Notwithstanding any other provision in this Code section, a spendthrift provision in a pension or retirement arrangement described in sections 401, 403, 404, 408, 408A, 409, 414, or 457 of the federal Internal Revenue Code of 1986, is valid with reference to the entire interest of the beneficiary in the income, principal or both, even if the beneficiary is also a contributor of trust property, except where a claim is made pursuant to a qualified domestic relations order as defined in 26 U.S.C. Section 414(p). 53-12-81. A transferee or creditor of a beneficiary may not compel the trustee to pay any amount that is payable only in the trustee's discretion regardless of whether the trustee is also a beneficiary. This Code section does not apply to the extent of the proportion of trust property attributable to the beneficiary's contribution. 53-12-82. Whether or not the trust instrument contains a spendthrift provision, the following rules apply: (1) During the lifetime of the settlor, the property of a revocable trust is subject to WEDNESDAY, MARCH 4, 2009 605 claims of the settlor's creditors; (2) With respect to an irrevocable trust, creditors or assignees of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit during the settlor's life or that could have been distributed to or for the settlor's benefit immediately prior to the settlor's death. If a trust has more than one settlor, the amount the creditors or assignees of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution; and (3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death or had become irrevocable as a result of the settlor's incapacity is subject to claims of the settlor's creditors to the extent the probate estate is inadequate. Payments that would not be subject to the claims of the settlor's creditors if made by way of beneficiary designation to persons other than the settlor's estate shall not be made subject to such claims by virtue of this subsection unless otherwise provided in the trust instrument. 53-12-83. The holder of a power of withdrawal, during the period that the power may be exercised, is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power. The lapse, release, or waiver of a power of withdrawal shall not cause the holder to be treated as a settlor of the trust. ARTICLE 6 Part 1 53-12-100. This part shall be known and may be cited as the 'Georgia Testamentary Additions to Trusts Act.' 53-12-101. (a) A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons, including a funded or unfunded life insurance trust, even if the trustor has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator's will and its provisions are set forth in a written instrument, other than a will, executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust and notwithstanding the requirements of paragraph (2) of subsection (b) of Code Section 53-12-20. The devise or bequest shall not be invalid because the trust is amendable or revocable or both or because the trust was amended after the execution of the will or after the death of the testator. 606 JOURNAL OF THE SENATE (b) Unless the testator's will provides otherwise, the property so devised or bequeathed: (1) Shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is devised or bequeathed; and (2) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the testator's death. (c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse. 53-12-102. The trustee or trustees of a trust established by the testator or others as provided in Code Section 53-12-101 shall not be required to inquire into or audit the actions of the executor or executors of the testator's estate or to make any claim against the executor or executors unless specifically directed to do so by the settlor or settlors in the trust instrument. In the event that the trustee or trustees are authorized or directed by the settlor or settlors in the trust instrument to pay or advance any part or all of the trust property to the executor or executors of the testator's estate for the payment of debts, taxes, and expenses of administration of the testator's estate, the trustee or trustees shall not be liable for the application of the trust property so paid or advanced and shall not be liable for any act done or omitted to be done by the executor or executors with regard to the trust property. 53-12-103. This part shall apply to all devises or bequests made in the will of a testator dying on or after May 31, 1968, whether the will is executed before or after such date. This part shall not invalidate a devise or bequest to a trustee made by a will executed prior to May 31, 1968, by a testator dying prior to such date. Part 2 53-12-120. A trust under a testator's will may be designated as the beneficiary of the testator's qualified retirement plan, individual retirement account, other retirement plan, or life insurance policies on the life of the testator so long as the testator's will is admitted to probate in solemn form, whether the designation occurs before or after the execution of the will. Unless the beneficiary designation provides otherwise, the designation of a trust under a will as beneficiary shall not be treated as the designation of the testator's estate as beneficiary nor shall such property, once delivered to the trustee under the testator's will, be deemed to be part of the testator's estate. ARTICLE 7 53-12-130. A resulting trust is a trust implied for the benefit of the settlor or the settlor's successors WEDNESDAY, MARCH 4, 2009 607 in interest when it is determined that the settlor did not intend that the holder of the legal title to the trust property also should have the beneficial interest in the property, under any of the following circumstances: (1) A trust is created but fails, in whole or in part, for any reason; (2) A trust is fully performed without exhausting all the trust property; or (3) A purchase money resulting trust as defined in subsection (a) of Code Section 5312-132 is established. 53-12-131. (a) A purchase money resulting trust is a resulting trust implied for the benefit of the person paying consideration for the transfer to another person of legal title to real or personal property. (b) Except as provided in subsection (c) of this Code section, the payment of consideration as provided in subsection (a) of this Code section shall create a presumption in favor of a resulting trust, but such presumption is rebuttable by a preponderance of the evidence. (c) If the payor of consideration and transferee of the property as provided in subsection (a) of this Code section are husband and wife, parent and child, or siblings, a gift shall be presumed, but such presumption is rebuttable by clear and convincing evidence. 53-12-132. (a) A constructive trust is a trust implied whenever the circumstances are such that the person holding legal title to property, either from fraud or otherwise, cannot enjoy the beneficial interest in the property without violating some established principle of equity. (b) The person claiming the beneficial interest in the property may be found to have waived the right to a constructive trust by subsequent ratification or long acquiescence. 53-12-133. In all cases in which a trust is sought to be implied, the court may hear parol evidence of the nature of the transaction, the circumstances, and the conduct of the parties, either to imply or rebut the trust. ARTICLE 8 53-12-150. As used in this article, the term: (1) 'Deed' means and includes any written agreement, declaration of trust, or other instrument which creates a trust estate in the trustee or trustees named therein and sets forth the terms and conditions of the trust and which indicates an intention, either expressly or by implication, that the trust estate created therein should be subject to this article, but the term shall not include a warranty deed, quitclaim deed, bill of sale, 608 JOURNAL OF THE SENATE or other instrument that conveys title to property to a trustee, merely by virtue of such fact alone. (2) 'Estate' means any alienable interest in property, legal or equitable, freehold or nonfreehold, possessory or nonpossessory. (3) 'Property' means and includes improved or unimproved property, real or personal, leaseholds, mortgages, notes, or other obligations secured by property or any interest therein, or other interests in such property. 53-12-151. The owners of property located in this state or persons desiring to acquire beneficial ownership of such property may create by deed an estate therein and in the improvements made thereon and in the property to be acquired, for the benefit of themselves and such other persons, whether sui juris or not, who may contribute to the improvement or development or acquisition of the property and their assigns or transferees, provided that the deed creating the estate shall provide for the improvement or development of the property covered thereby or for the acquisition of the property and the trustee or trustees therein named and their successors shall have some active duty to perform in and about the trust property or the management or control of the same. The deed creating the estate shall be recorded as provided in Code Section 5312-152. When such an estate is created, the legal title to the property and all the property added thereto or substituted therefor shall vest and remain in the trustee or trustees named and his or their successors, in accordance with the terms of the deed, with all the powers conferred thereby upon the trustee, and shall not during the continuance of the estate pass to or vest in the beneficiaries. At the end of 25 years from the date of the deed creating the estate, the title to such of the property as may then belong to the estate shall vest in the beneficiaries; and, if the deed creating the estate so provides, a renewal of the estate may be made at the end of the 25 years, upon the terms and conditions and in the manner therein set forth, for a like period; provided, however, that in the alternative to the period of 25 years and the renewal thereof, if the deed so provides, the estate may be created for any period of time specified therein which does not extend beyond any number of lives in being and 21 years thereafter. 53-12-152. (a) The deed creating a trust estate as provided in Code Section 53-12-151 shall, within 30 days of the execution thereof, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located. The trustee shall concurrently pay to the clerk the fee prescribed in Code Section 15-6-77. Upon the deed being filed with the clerk and the fees being paid, the clerk shall forthwith deliver to the trustee or his attorney two certified copies of the deed, the filing of the clerk thereon, and a receipt for the costs which have been paid to the clerk. (b) Upon receiving the two certified copies of the deed, the trustee or his or her attorney shall present the same to the Secretary of State and shall concurrently therewith pay $5.00 to the Secretary of State for the use of the state. The Secretary of WEDNESDAY, MARCH 4, 2009 609 State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form: STATE OF GEORGIA OFFICE OF THE SECRETARY OF STATE This is to certify that a copy of the attached certified copy of a deed, declaration, or agreement of trust dated _______________________, by and between __________________________ as grantor(s) and _______________________ as trustee(s), which states that the trustee(s) may use the name of _______________________, has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. WITNESS my hand and official seal this ______ day of ______________, ____. ___________________ Secretary of State (c) The certified copy of the deed, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the existence of the trust and of its nature, terms, and conditions. (d) The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of the deed, filing of the clerk, and certificate of the Secretary of State, upon payment to him of a fee of $1.00, plus 10 per 100 words for copying, and the additional certified copies shall be likewise admitted in evidence with like force and effect. (e) Any amendment of a deed shall be filed with the clerk of the superior court and the Secretary of State in the same manner and under the same conditions required in the filing of the original deed, and the fees payable upon the filing shall be computed as if the filing were of an original deed. 53-12-153. If the deed creating a trust estate under Code Section 53-12-151 so provides, the trustee or trustees may conduct and transact the affairs of the trust estate under a business or trade name, which name shall be set forth in the deed. The name may include the word 'trust' but may not include the words 'trust company.' 53-12-154. When an estate is created pursuant to Code Section 53-12-151 and from time to time thereafter, the trustee or trustees shall issue such certificates of beneficial interest as may be provided for by the deed to the persons who are beneficially interested in the estate or who become so interested therein in accordance with the provisions of the deed. The certificates shall pass and be transferred as personalty and in the same manner as shares of stock in corporations and shall be subject to levy and sale under attachment or execution or any other process in like manner as shares of stock. The trustee or person in charge of the estate representing the trustee shall be subject to the same demand as that provided by Code Sections 11-8-112 and 9-13-58 for the levying 610 JOURNAL OF THE SENATE officer to make upon the officers of a corporation. Persons having claims against the estate may enforce the same by action against the trustee or trustees thereof in like manner as actions against corporations, and service thereof may be perfected by serving the trustee or trustees, if residents of this state, and if not, then by publication. The venue of such actions shall be the same as that of similar actions against private corporations, but neither the trustees nor the beneficiaries of the estate shall be personally or individually liable therefor except in cases where officers and stockholders of private corporations would be liable under the law. 53-12-155. The trustee or trustees of a trust created under Code Section 53-12-151 shall have sole and exclusive management and control of the property, in accordance with the terms of the deed creating the estate. The exercise by the trustee or trustees of any power granted or conferred by the deed, including the power to lease, encumber, and sell, when exercised in accordance with the terms thereof, shall be as valid and effective to all intents and purposes as if the trustee or trustees were the sole and exclusive owners of the property in his or their own right. The trustee or trustees may resign or be removed and their successors may be appointed in the manner and in accordance with the terms fixed by the deed creating the estate. The same rights, powers, and title over and to the property shall belong to and be vested in the new trustee or trustees as are conferred upon the original trustee or trustees by the deed creating the estate. The death of a trustee shall not operate to cast title upon his heirs, devisees, executors, or administrators, but the same shall vest in his successor, when appointed. 53-12-156. In addition to investments in any property, as such word is defined in Code Section 5312-150, the trustee or trustees of a trust created under Code Section 53-12-151 may invest any funds of the trust estate in investments authorized to be made by trustees under the laws of this state; provided, however, that the deed creating the estate may further limit or expand the powers and authority of the trustee or trustees with respect to investments, including the power to invest in property located outside this state. The trustee or trustees are authorized and empowered, in accordance with the terms of the deed creating the estate, from corpus or from income or from both, to repurchase or redeem any issued and outstanding certificates of beneficial interest. 53-12-157. Each trust created pursuant to this article shall make a return to the Secretary of State, upon the creation of the trust and annually thereafter, in the same manner and embracing the same information, insofar as applicable, as returns by corporations which are required to be made under Articles 1 and 16 of Chapter 2 of Title 14, including the provisions with regard to fees, penalty for noncompliance, and recording and certifying of copies of the returns. WEDNESDAY, MARCH 4, 2009 611 53-12-158. Upon the termination of the estate created under Code Section 53-12-151, the legal title to all the property belonging to the estate which is then undisposed of shall pass to and vest in the persons who are, at that time, the beneficiaries of the estate, in shares corresponding with their respective interest as beneficiaries. 53-12-159. (a) Any trust created pursuant to this article may be merged into a domestic corporation for profit organized under the laws of this state and subject to Title 14 if the deed creating the trust expressly authorizes the merger. (b) With respect to the required procedure for the merger and the rights of dissenting shareholders: (1) The trust shall comply with any applicable provisions of the deed creating the trust and with the following Code sections, as if the trust were a domestic corporation: (A) Subsection (b) of Code Section 14-2-1103, relating to director approval of a plan of merger, as if the trustee or trustees of the trust were a board of directors of a domestic corporation; (B) Subsections (c) through (i) of Code Section 14-2-1103, relating to shareholder approval, and Code Sections 14-2-1301 through 14-2-1332, relating to rights of dissenting shareholders, as if the holders of certificates of beneficial interest in the trust were shareholders of a domestic corporation; and (C) Code Sections 14-2-1105 and 14-2-1105.1, relating to execution of articles of merger and filing of the articles, together with other required documents, with the Secretary of State; and (2) The domestic corporation into which the trust is merged shall comply with the provisions of Title 14 relating to the merger of domestic corporations, in the same manner as if the trust being merged into it were a domestic corporation. (c) Upon compliance with the requirements of this Code section and the filing of articles of merger providing for a merger of the trust into a domestic corporation in the manner provided in Code Sections 14-2-1105 and 14-2- 1105.1, the Secretary of State shall treat the merger as if it were a merger of corporations under Code Sections 14-21105 and 14-2-1105.1. (d) If the Secretary of State issues a certificate of merger, the merger shall become effective as of the time of delivery to the Secretary of State of the articles of merger so certified, as provided in Code Section 14-2-1105, or at such later time and date as the articles specify, not to exceed 60 days from the date of delivery of the articles to the Secretary of State. When the merger has become effective: (1) The trust and the domestic corporation into which the trust is merged shall be a single domestic corporation; (2) The separate existence of the trust shall cease; (3) The domestic corporation shall continue to have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a corporation organized under Title 14; 612 JOURNAL OF THE SENATE (4) The domestic corporation shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, of a public as well as of a private nature, of the trust; and all property, real, personal, and mixed, all debts due on whatever account, including subscriptions to shares, all other choses in action, and all and every other interest of or belonging to or due to the trust shall be taken and deemed to be transferred to and vested in the domestic corporation without further act or deed; and the title to any real property or any interest therein vested in the trust shall not revert or be in any way impaired by reason of the merger; (5) The domestic corporation shall thenceforth be responsible and liable for all the liabilities and obligations of the trust. Any claim existing or action or proceeding pending by or against the trust may be prosecuted as if the merger had not taken place, or the domestic corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of the trust shall be impaired by the merger; and (6) The articles of incorporation of the domestic corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger." SECTION 3. Said title is further amended by replacing Chapter 13, which has been repealed, with a new Chapter 13 to read as follows: "CHAPTER 13 ARTICLE 1 53-13-1. (a) Except to the extent it would impair vested rights and except as otherwise provided by law, the provisions contained in this chapter shall apply to any trust regardless of the date it was created. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions in this chapter or elsewhere in the laws of this state. (c) Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or any other provision of law, such principles remain the law of the state. 53-13-2. As used in this chapter, the term: (1) 'Person' means an individual, corporation, partnership, association, joint-stock company, business trust, unincorporated organization, limited liability company, or other legal entity, including any of the foregoing acting as a fiduciary. (2) 'Property' means any type of property, whether real or personal, tangible or intangible, legal or equitable. (3) 'Settlor' means the person who creates the trust, including a testator in the case of a testamentary trust. The terms 'grantor' and 'trustor' mean the same as 'settlor.' WEDNESDAY, MARCH 4, 2009 613 (4) 'Trust' means an express trust or an implied trust. (5) 'Trust property' means property the legal title to which is held by the trustee. The term also includes choses in action, claims, and contract rights, including a contractual right to receive death benefits as designated beneficiary under a policy of insurance, contract, employees' trust or other arrangement. The terms 'trust corpus' and 'trust res' mean the same as 'trust property.' (6) 'Trust res' means trust property. (7) 'Trustee' means the person or persons holding legal title to the property in trust. 53-13-3. (a) A charitable trust is one in which the settlor provides that the trust property shall be used for charitable purposes. (b) Charitable purposes include the following: (1) The relief of poverty; (2) The advancement of education; (3) The advancement of ethics and religion; (4) The advancement of health; (5) The advancement of science and the arts and humanities; (6) The protection and preservation of the environment; (7) The improvement, maintenance, or repair of cemeteries, other places of disposition of human remains, and memorials; (8) The prevention of cruelty to animals; (9) Governmental purposes; and (10) Other similar subjects having for their object the relief of human suffering or the promotion of human civilization. (c) If the settlor provides for both charitable and noncharitable purposes, the provisions relating to the charitable purposes shall be governed by this article. 53-13-4. The settlor of a charitable trust may retain the power to select the charitable purposes or charitable beneficiaries, or may grant the trustee or any other person the power to select charitable purposes or charitable beneficiaries or to engage in the charitable purposes, without rendering the trust void for indefiniteness. 53-13-5. If a charitable trust or gift cannot be executed in the manner provided by the settlor or donor, the superior court shall exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the settlor or donor. 53-13-6. A charitable trust is valid even though under the trust provisions it is to continue for an indefinite or unlimited period. 614 JOURNAL OF THE SENATE 53-13-7. In all cases in which the rights of beneficiaries under a charitable trust are involved, the Attorney General or the district attorney of the circuit in which the major portion of trust res lies shall represent the interests of the beneficiaries and the interests of this state as parens patriae in all legal matters pertaining to the administration and disposition of such trust. The Attorney General or the district attorney may bring or defend actions and, insofar as an action of this nature may be deemed an action against the state, the state expressly gives its consent thereto. The venue of such actions may be in any county in the state in which a substantial number of persons who are the beneficiaries of the trust reside. Process shall be directed to the Attorney General or to the district attorney of the circuit in which the major portion of the trust res lies. Service may be perfected by mailing a copy of the petition and process by the clerk of the superior court of the county in which it is filed to the Attorney General or to the district attorney of the circuit in which the major portion of the trust res lies. Any judgment determining rights under any charitable trusts shall be binding on the beneficiaries if the Attorney General or the district attorney of the circuit in which the major portion of the trust res lies is a party and is served as provided in this Code section. 53-13-8. (a) The effect of the provisions of this chapter and Chapters 12, 14, and 15 may be varied by the trust instrument except: (1) As to any requirements in Article 2 of Chapter 12 relating to the creation and validity of express trusts; (2) As to the effect of the rules as provided in Article 5 of Chapter 12 relating to spendthrift trusts; (3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-14-6; (4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith, as provided in Code Sections 53-14-30 and 53-14-38; (5) As to the effect of a provision relieving a trustee from liability, as provided in Code Section 53-14-53; and (6) As to the periods of limitation on actions, as provided in Code Sections 53-12-25 and 53-14-57. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter or Chapters 12, 14, and 15 or as otherwise provided by law. ARTICLE 2 Part 1 53-13-20. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-13-21, the articles of incorporation of any corporation which is a private WEDNESDAY, MARCH 4, 2009 615 foundation, as defined in Section 509 of the federal Internal Revenue Code, shall be amended automatically as of the later of the date of incorporation or January 1, 1972, to provide that the corporation shall: (1) Not engage in any act of self-dealing, as defined in Section 4941(d) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941 of the federal Internal Revenue Code; (2) Not retain any excess business holdings, as defined in Section 4943(c) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943 of the federal Internal Revenue Code; (3) Not make any investments which would jeopardize the carrying out of any of the exempt purposes of the corporation, within the meaning of Section 4944 of the federal Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944 of the federal Internal Revenue Code; (4) Not make any taxable expenditures, as defined in Section 4945(d) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945 of the federal Internal Revenue Code; and (5) Distribute for the purpose specified in its articles of incorporation for each taxable year amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the federal Internal Revenue Code. 53-13-21. Any corporation which is a private foundation, as defined in Section 509 of the federal Internal Revenue Code, may amend its articles of incorporation expressly to exclude the application of Code Section 53-13-20 or any portion thereof in the manner provided by Article 10 of Chapter 2 of Title 14 or Article 8 of Chapter 3 of Title 14, whichever is applicable. 53-13-22. Nothing contained in Code Sections 53-13-20 and 53-13-21 shall cause or be construed to cause a forfeiture or reversion of any of the property of a corporation which is subject to such Code sections. 53-13-23. With respect to property held by a corporation which is a private foundation, as defined in Section 509 of the federal Internal Revenue Code, and which is subject to conditions which permit distributions to the extent of the net income of the property each year but do not permit distributions of the property or any part thereof itself, the directors of the corporation may elect to distribute so much of the property as may be necessary to enable the corporation to avoid liability for any tax imposed by Section 4942 of the federal Internal Revenue Code in the same manner as if the corporation were a trust described in Code Section 53-13-43 and the property were the only property held in the trust and as if the directors were the trustees of the trust. 616 JOURNAL OF THE SENATE 53-13-24. Nothing in Code Sections 53-13-20 through 53-13-23 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any corporation. Part 2 53-13-40. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-13-42, the governing instrument of any trust which is a private foundation, as defined in Section 509 of the federal Internal Revenue Code, a charitable trust, as defined in Section 4947(a)(1) of the federal Internal Revenue Code, or a split-interest trust, as defined in Section 4947(a)(2) of the federal Internal Revenue Code, shall be amended automatically as of the later of the inception of the trust or January 1, 1972, to include provisions which prohibit the trustees of the trust from: (1) Engaging in any act of self-dealing, as defined in Section 4941(d) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941 of the federal Internal Revenue Code; (2) Retaining any excess business holdings, as defined in Section 4943(c) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943 of the federal Internal Revenue Code; (3) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of Section 4944 of the federal Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944 of the federal Internal Revenue Code; and (4) Making any taxable expenditures, as defined in Section 4945(d) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945 of the federal Internal Revenue Code; provided, however, that in the case of a split-interest trust, as defined in Section 4947(a)(2) of the federal Internal Revenue Code, paragraphs (1) through (4) of this Code section shall apply only to the extent required by Section 4947 of the federal Internal Revenue Code. 53-13-41. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-13-42, the governing instrument of any trust which is a private foundation, as defined in Section 509 of the federal Internal Revenue Code, or which is a charitable trust, as defined in Section 4947(a)(1) of the federal Internal Revenue Code, shall be amended automatically as of the later of the inception of the trust or January 1, 1972, to include a provision which requires the trustees to distribute, for the purposes specified in the governing instrument, for each taxable year, amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the federal Internal Revenue Code. WEDNESDAY, MARCH 4, 2009 617 53-13-42. The trustees of any trust which is a private foundation, as defined in Section 509 of the federal Internal Revenue Code, a charitable trust, as defined in Section 4947(a)(1) of the federal Internal Revenue Code, or a split-interest trust, as defined in Section 4947(a)(2) of the federal Internal Revenue Code, may, without judicial proceedings, amend the governing instrument of the trust expressly to exclude the application of Code Section 53-13-40 or 53-13-41, or both, by executing a written amendment to the trust and filing a duplicate original of the amendment with the Attorney General of this state, whereupon the Code section or Code sections, as the case may be, shall not apply to the trust. 53-13-43. (a) With respect to any trust which is a private foundation, as defined in Section 509 of the federal Internal Revenue Code, or a charitable trust, as defined in Section 4947(a)(1) of the federal Internal Revenue Code, the governing instrument of which permits distributions to the extent of the net income of the trust each year but does not permit distributions from trust principal, the trustees of the trust may elect, without judicial proceedings and notwithstanding any provision to the contrary contained in the governing instrument of the trust, to distribute in any year, for the purposes specified in the governing instrument, that amount from the principal of the trust which, when added to the income of the trust available for distribution during such year, will enable the trust to avoid any liability for the tax imposed by Section 4942 of the federal Internal Revenue Code, by filing a written election, which may be a continuing one, with the Attorney General of this state to have this Code section and Code Section 5313-23 apply to the trust. A distribution from trust principal pursuant to the election shall only be in the form of cash or securities which are either listed or admitted to unlisted trading privileges upon any stock exchange or are quoted regularly in any newspaper or newspapers having a general circulation in this state. (b) Any election made under subsection (a) of this Code section may be revoked at any time by filing written notice of revocation with the Attorney General of this state. 53-13-44. Nothing contained in Code Sections 53-13-40 through 53-13-43 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust which is subject to such Code sections or to make the purposes of the trust impossible of accomplishment. 53-13-45. Nothing in Code Sections 53-13-40 through 53-13-43 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any trust." SECTION 4. Said title is further amended by replacing Chapter 14, which has been repealed with a 618 JOURNAL OF THE SENATE new Chapter 14 to read as follows: "CHAPTER 14 ARTICLE 1 Part 1 53-14-1. As used in this chapter, the term: (1) 'Ascertainable standard' means a standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the federal Internal Revenue Code of 1986. (2) 'Beneficiary' means a person for whose benefit property is held in trust, regardless of the nature of the interest, and includes any beneficiary, whether vested or contingent, born or unborn, ascertained or unascertained. (3) 'Express trust' means a trust as described in Code Section 53-12-10. (4) 'Person' means an individual, corporation, partnership, association, joint-stock company, business trust, unincorporated organization, limited liability company, or other legal entity, including any of the foregoing acting as a fiduciary. (5) 'Property' means any type of property, whether real or personal, tangible or intangible, legal or equitable. (6) 'Qualified beneficiary' means a living individual or other existing person who, on the date of determination of beneficiary status: (A) Is a distributee or permissible distributee of trust income or principal; (B) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subparagraph (A) of this paragraph terminated on that date without causing the trust to terminate; or (C) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (7) 'Settlor' means the person who creates the trust, including a testator in the case of a testamentary trust. The terms 'grantor' and 'trustor' mean the same as 'settlor.' (8) 'Trust' means an express trust or an implied trust. (9) 'Trust instrument' means the document or documents, including any testamentary instrument, that contains the trust provisions. (10) 'Trust property' means property the legal title to which is held by the trustee. The term also includes choses in action, claims, and contract rights, including a contractual right to receive death benefits as designated beneficiary under a policy of insurance, contract, employees' trust or other arrangement. The terms 'trust corpus' and 'trust res' mean the same as 'trust property.' (11) 'Trust res' means trust property. (12) 'Trustee' means the person or persons holding legal title to the property in trust. 53-14-2 A trustee must have legal capacity under Georgia law to acquire, hold, and transfer title to property. An individual is eligible to serve as a trustee regardless of citizenship or WEDNESDAY, MARCH 4, 2009 619 residency. If the trustee is a corporation, partnership or other entity, it must have the power to act as a trustee in Georgia. 53-14-3 (a) A settlor may appoint trustees or grant that power to others, including trust beneficiaries. (b) A trust shall never fail for want of a trustee. (c) If the trust instrument names a person to fill a vacancy or provides a method of appointing a trustee, any vacancy shall be filled or appointment made as provided in the trust instrument. (d) If all the qualified beneficiaries are sui juris, or if some of the qualified beneficiaries are not sui juris but all have a guardian or conservator, the qualified beneficiaries may appoint a trustee by unanimous consent. For purposes of this paragraph a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed and there is no conflict of interest between the parent and the child with respect to the appointment of a trustee. (e) In all other cases, the court, on petition of an interested person, may appoint any number of trustees consistent with the intention of the settlor and the interests of the beneficiaries. (f) The petition provided for in subsection (e) of this Code section shall be served upon all qualified beneficiaries or their guardians or conservators. The court shall appoint a guardian ad litem for each non-sui juris beneficiary who has no guardian or conservator and service of notice of the petition shall be made on such guardian ad litem. (g) A trustee appointed as a successor trustee shall have all the authority of the original trustee. 53-14-4. (a) The acceptance of a trust is necessary to constitute a person as trustee. Acceptance may be effected by acts as well as words. After acceptance, the trustee may not decline the trusteeship. (b) Except as otherwise provided in subsection (c) of this Code section, a person designated as trustee accepts the trusteeship: (1) By substantially complying with a method of acceptance provided in the trust instrument; or (2) If the trust instrument does not provide a method or the method provided in the trust instrument is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship. (c) A person designated as trustee, without accepting the trusteeship, may act to preserve the trust property if, as soon as practicable, the person rejects or declines the trusteeship. 53-14-5. (a) A trustee is not required to give a bond to secure performance of the trustee's duties 620 JOURNAL OF THE SENATE unless: (1) The trust instrument requires a bond; or (2) A bond is found by the court to be necessary to protect the interests of beneficiaries or creditors of the trust, even though the trust instrument waives the requirement of a bond. (b) Even though a bond has been required pursuant to subsection (a) of this Code section or the trust instrument requires a bond, the court may excuse the requirement, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties. (c) The cost of any bond shall be charged against the trust. (d) If a bond is required, the bond shall be: (1) Secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state; (2) Payable to the court for the benefit of interested persons as their interests may appear; (3) Conditioned upon the faithful discharge of the trustee's duties; and (4) If imposed by the court, in an amount and with sureties and liabilities as required by the court. (e) Any other law to the contrary: (1) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to serve as a trustee under any trust created under or governed by the laws of this state is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statement filed with the Comptroller of the Currency of the United States or the commissioner of banking and finance; (2) In every case in which the trustee of any trust is required to give bond for the faithful performance of the trustee's duties in such fiduciary capacity, the bond shall be in a value equal to double the value of the trust estate; provided, however, that the trustee may give bond in an amount equal to the value of the trust estate if the bond is secured by a licensed commercial surety authorized to transact business in this state. For purposes of this paragraph, the term 'trust estate' shall exclude real property and improvements thereon held by the trustee in a fiduciary capacity; provided, however, that upon the conversion of any such real property into personalty, the trustee shall give a new bond including the value of the personalty into which the real property has been converted. (f) The trustee and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. No prior judgment establishing the liability of the trustee shall be necessary before an action is brought against the sureties on the bond. (g) When a judgment has been obtained against the principal and surety or sureties on the bond of a trustee, a levy may be made upon any property of any defendant in fi. fa. (h) A court of competent jurisdiction shall be authorized to enter a judgment and to WEDNESDAY, MARCH 4, 2009 621 issue a writ of execution against the principal and surety or sureties on the bond of a trustee and shall be further authorized to grant judgment and execution in favor of the surety or sureties against the principal upon payment of the judgment by the surety or sureties. (i) Failure to comply with this Code section shall not make void or voidable or otherwise affect an act or transaction of a trustee with any third party. 53-14-6. The authority of cotrustees to act on behalf of the trust shall be as follows: (1) A power vested in two or more trustees may only be exercised by their unanimous action, provided, however, that a cotrustee may delegate to one or more other cotrustees the performance of ministerial acts; (2) If a vacancy occurs in the office of a cotrustee, the remaining cotrustee or cotrustees may act unless or until the vacancy is filled; and (3) While a cotrustee is unable to act because of inaccessibility, illness, or other temporary incapacity, the remaining cotrustee or cotrustees may act as if they were the only trustees when necessary to accomplish the purposes of the trust. 53-14-7. (a) The effect of the provisions of this chapter and Chapters 12, 13, and 15 may be varied by the trust instrument except: (1) As to any requirements in Article 2 of Chapter 12 relating to the creation and validity of express trusts; (2) As to the effect of the rules as provided in Article 5 of Chapter 12 relating to spendthrift trusts; (3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-14-6; (4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith, as provided in Code Sections 53-14-30 and 53-14-38; (5) As to the effect of a provision relieving a trustee from liability, as provided in Code Section 53-14-53; and (6) As to the periods of limitation on actions, as provided in Code Sections 53-12-25 and 53-14-57. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter or Chapters 12, 13, and 15 or as otherwise provided by law. Part 2 53-14-20. (a) Trustees shall be compensated in accordance with either the trust instrument or any separate written agreement between the trustee and the settlor. After the settlor's death or incapacity or while the trust is irrevocable, the trust instrument or the agreement 622 JOURNAL OF THE SENATE relating to the trustee's compensation may be modified as follows: (1) If all the qualified beneficiaries are sui juris, or if some of the qualified beneficiaries are not sui juris but all of them have a guardian or conservator, the trustee and the sui juris qualified beneficiaries and the guardians or conservators of non-sui juris qualified beneficiaries may by unanimous consent modify the trust instrument or agreement relating to the trustee's compensation without receiving the approval of any court; and (2) If one or more of the non-sui juris qualified beneficiaries has no guardian or conservator, and all of the other qualified beneficiaries, including the guardians or conservators of non-sui juris qualified beneficiaries, and the trustee are in agreement, any sui juris qualified beneficiary or the guardian or conservator of a non-sui juris beneficiary or the trustee shall petition the court to approve a modification of the trust instrument or agreement relating to the trustee's compensation. The court shall appoint a guardian ad litem for each non-sui juris beneficiary who does not have a guardian or conservator and service of notice of the petition for modification of the trustee's compensation shall be made on each such guardian ad litem. The court shall hold a hearing and shall either allow or deny the modification that is requested in the petition. (b) If there is no provision for trustee compensation in the trust instrument and there is no separate written agreement between the trustee and the settlor relating to the trustee's compensation, a separate written agreement relating to the trustee's compensation may be entered into between the trustee and the qualified beneficiaries as follows: (1) If all the qualified beneficiaries are sui juris or if some of the qualified beneficiaries are not sui juris but the all of them have a guardian or conservator, the trustee and the sui juris qualified beneficiaries and the guardians or conservators of non-sui juris beneficiaries may by unanimous consent enter into an agreement relating to the trustee's compensation without receiving the approval of any court; (2) If one or more of the non-sui juris qualified beneficiaries has no guardian or conservator, and all of the other qualified beneficiaries including the guardians or conservators of non-sui juris qualified beneficiaries, and the trustee are in agreement, any sui juris qualified beneficiary or the guardian or conservator of a non-sui juris beneficiary or the trustee shall petition the court to approve an agreement relating to the trustee's compensation. The court shall appoint a guardian ad litem for each nonsui juris beneficiary who does not have a guardian or conservator and service of notice of the petition for approval of the agreement shall be made on each such guardian ad litem. The court shall hold a hearing and shall either allow or deny the agreement that is requested in the petition. (c) In cases other than those described in subsections (a) and (b) of this Code section, the trustee shall be entitled to compensation as follows: (1) With respect to a corporate trustee, its published fee schedule provided such fees are reasonable under the circumstances; and (2) With respect to an individual Trustee: (A) One percent of cash and the fair market value of any other principal asset WEDNESDAY, MARCH 4, 2009 623 received upon the initial funding of the trust and at such time as additional principal assets are received; and (B) An annual fee calculated in accordance with the following schedule based upon the cash and the market value of the other principal assets valued as of the last day of the trust accounting year prorated based on the length of service by the trustee during that year. Percentage Fee Market Value 1.75 percent / year on the first ................................... $ 500,000.00 1.25 percent / year on the next ................................... $ 500,000.00 1.00 percent / year on the next ................................... $ 1,000,000.00 0.85 percent / year on the next ................................... $ 3,000,000.00 0.50 percent / year on values over ............................. $ 5,000,000.00 53-14-21. Unless any separate written agreement provides otherwise: (1) Each cotrustee shall be compensated as specified by the terms of the trust, as each trustee may have agreed or in accordance with a published fee schedule and such compensation among cotrustees shall not be apportioned unless they shall agree otherwise; and (2) The annual fee paid pursuant to subparagraph (c)(2)(B) of Code Section 53-14-20 shall be apportioned among trustees and successor trustees according to the proportion of time each rendered services during the year. 53-14-22. (a) A trustee who is receiving compensation as described in subsection (c) of Code Section 53-14-20 may petition the court for compensation that is greater than the compensation allowed under that subsection. Service of notice of the petition for extra compensation shall be made on all qualified beneficiaries or their guardians or conservators. The court shall appoint a guardian ad litem for each non-sui juris qualified beneficiary who does not have a guardian or conservator and service of notice of the petition for modification of the trustee's compensation shall be made on each such guardian ad litem. (b) After hearing any objection, the court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest. 53-14-23. A trustee is entitled to be reimbursed out of the trust property for reasonable expenses that were properly incurred in the administration of the trust. 624 JOURNAL OF THE SENATE 53-14-24. (a) Any trustee may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise, where the trust estate owns an interest in the corporation or other business enterprise, provided that: (1) The services provided by the trustee to the corporation or other business enterprise are of a managerial, executive, or business advisory nature; (2) The compensation received for the services is reasonable; and (3) The services are performed and the trustee is paid pursuant to a contract executed by the trustee and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the trustee and are not related to the trustee and provided, further, the contract is approved by the court. (b) Any trustee receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 53-14-22; provided, however, that nothing in this Code section shall prohibit the receipt by the trustee of extra compensation for services rendered in respect to other assets or matters involving the trust estate. (c) Nothing in this Code section shall prohibit the receipt by trustees of normal commissions and compensation for the usual services performed by trustees pursuant to law or pursuant to any fee agreement executed by the settlor. (d) The purpose of this Code section is to enable additional compensation to be paid to trustees for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section 53-14-22. Part 3 53-14-40. (a) A trustee may resign: (1) In the manner and under the circumstances described in the trust instrument; (2) Upon petition to the court showing that all of the qualified beneficiaries are sui juris or that of the non-sui juris qualified beneficiaries have guardians or conservators and that all the qualified beneficiaries or their guardians or conservators have agreed in writing to the resignation; or (3) If all the sui juris qualified beneficiaries and their guardians or conservators are not in agreement, or if one or more of the qualified beneficiaries is not sui juris and has no guardian or conservator, upon petition to the court showing to the satisfaction of the court that: (A) The trustee is unable to continue serving as trustee due to age, illness, infirmity, or similar reason; (B) Greater burdens have devolved upon the office of trustee than those which were WEDNESDAY, MARCH 4, 2009 625 originally contemplated or should have been contemplated when the trust was accepted and the assumption of the additional burdens would work a hardship upon the trustee; (C) Disagreement exists between one or more of the beneficiaries of the trust and the trustee in respect to the trustee's management of the trust, which disagreement and conflict appear detrimental to the best interests of the trust; (D) The resignation of the trustee will result in or permit substantial financial benefit to the trust; (E) The resigning trustee is one of two or more acting trustees and the cotrustee or cotrustees will continue in office with no detriment to the trust contemplated; or (F) The resignation would not be disadvantageous to the trust. (b) The petition to the court provided for in paragraph (3) of subsection (a) of this Code section shall be served upon all qualified beneficiaries or their guardians or conservators. The court shall appoint a guardian ad litem for each non-juris beneficiary who does not have a guardian or conservator and service of notice of the petition for resignation shall be made on each such guardian ad litem. (c) The resignation of a trustee shall not relieve the trustee from liability for any actions prior to the resignation except to the extent the trustee is relieved by the court in the appropriate proceeding, or to the extent relieved by the trust instrument. (d) If the resignation would create a vacancy required to be filled, then the resignation shall not be effective until the successor accepts the trust. 53-14-41. (a) A trustee may be removed: (1) In accordance with the provisions of the trust instrument; or (2) Upon petition to the court by any interested person showing good cause. (b) In the discretion of the court, in order to protect the trust property or the interests of any beneficiary, on its own motion or on motion of a cotrustee or other interested person, the court may compel the trustee whose removal is being sought to surrender trust property to a cotrustee or to a receiver or temporary trustee pending a decision on a petition for removal of a trustee or pending appellate review of such decision. To the extent the court deems necessary, the powers of the trustee also may be suspended. ARTICLE 2 53-14-60. (a) At any time following 12 months from the date of acceptance of a trust, but not more frequently than once every 12 months, a trustee may petition the court to approve an interim accounting, relieving the trustee from liability for the period covered by the interim accounting. (b) The petition shall set forth: (1) The name and address of the trustee; (2) Any provisions of the trust relating to matters that will be covered by the interim accounting; 626 JOURNAL OF THE SENATE (3) The beneficiaries of the trust, specifying any beneficiary believed to be in need of a guardian ad litem; (4) The period which the accounting covers; (5) A statement of receipts and disbursements of the trust that have occurred since the trustee's acceptance of the trust or since the effective date of the last accounting; (6) In a separate schedule, the principal on hand at the beginning of the accounting period and the status at that time of its investment; the investments received from the settlor and still held; additions to principal during the accounting period, with dates and sources of acquisition; investments collected, sold, or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income; investments made during the accounting period, with the date, source, and cost of each; deductions from the principal during the accounting period, with the date and purpose of each; and principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment; (7) In a separate schedule, the income on hand at the beginning of the accounting period and in what form held; income received during the accounting period, when, and from what source; income paid out during the accounting period, when, to whom, and for what purpose; and income on hand at the end of the accounting period and how invested; (8) A statement of the assets and liabilities of the trust as of the end of the accounting period; and (9) Other information reasonably necessary to explain or understand the accounting. (c) The petition shall be served as provided by law on the beneficiaries of the trust and the surety on the trustee's bond, if any. (d) Upon review of the petition and after considering any objections thereto and any evidence presented, the court may approve the trustee's interim accounting or enter judgment granting appropriate relief. If no objection to the petition is filed within the time allowed by law after service, or if the parties consent, the petition may be approved without notice, hearing, or further proceedings. The final judgment of the court shall be binding on all parties. (e) Costs and expenses, including reasonable attorney's fees of the trustee, shall be taxed against the trust, unless otherwise directed by the court. 53-14-61. (a) If the trustee resigns, is removed, or dies, or upon the termination of the trust, a beneficiary or the successor trustee may petition the court to require the trustee or the trustee's personal representative to appear before the court for a final accounting. Alternatively, the trustee or the trustee's personal representative may petition the court to approve a final accounting relieving the trustee from liability for the period covered by the final accounting. The settlement period shall begin from the acceptance of the trusteeship by the trustee or the end of the period covered by the last interim accounting. (b) The petition shall set forth: WEDNESDAY, MARCH 4, 2009 627 (1) The name and address of the trustee; (2) The beneficiaries of the trust, specifying any beneficiary believed to be in need of a guardian ad litem; (3) The period which the accounting covers; and (4) If the petition is filed by the trustee or the trustee's personal representative, the petition shall also include the information required to be filed by trustees in conjunction with the approval of an interim accounting as set forth in subsection (b) of Code Section 53-14-60. (c) The petition shall be served as provided by law on the beneficiaries, the trustee, the trustee's personal representative, if any, and the surety on the trustee's bond, if any. (d) Upon review of the trustee's final accounting and after considering any objections thereto and any evidence presented, the court may approve the final accounting or enter judgment granting appropriate relief. If no objection to the petition is filed within the time allowed by law after service, or if the parties consent, the petition may be approved without notice, hearing, or further proceedings. The final judgment of the court shall be binding on all parties. (e) Costs and expenses, including reasonable attorney's fees of the trustee, shall be taxed against the trust, unless otherwise directed by the court. 53-14-62. Nothing in this article shall restrict the right of any party to seek an equitable accounting. ARTICLE 3 Part 1 53-14-80. (a) The duties contained in this part are in addition to and not in limitation of the common law duties of the trustee, except to the extent inconsistent therewith. (b) Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its provisions and purposes. 53-14-81. In administering a trust, the trustee shall exercise the judgment and care of a prudent person acting in a like capacity and familiar with such matters, considering the purposes, provisions, distribution requirements, and other circumstances of the trust. 53-14-82. (a) Within 60 days after the date of creation of an irrevocable trust or of the date on which a revocable trust becomes irrevocable, the trustee shall notify the qualified beneficiaries of the trust of the existence of the trust and the name and mailing address of the trustee. In full satisfaction of this obligation, the trustee may deliver the notice to the guardian or conservator of any non sui-juris beneficiary. 628 JOURNAL OF THE SENATE (b) All irrevocable trusts in existence on the effective date of this part will be deemed to have waived this provision unless the trust instrument says otherwise. 53-14-83. (a) On reasonable request by any qualified beneficiary or the guardian or conservator of a non-sui juris qualified beneficiary, the trustee shall provide the qualified beneficiary with a report of information, to the extent relevant to that beneficiary's interest, about the assets, liabilities, receipts, and disbursements of the trust, the acts of the trustee, and the particulars relating to the administration of the trust, including the trust provisions that describe or affect that beneficiary's interest. (b)(1) A trustee shall account at least annually, at the termination of the trust, and upon a change of trustees, to each qualified beneficiary of an irrevocable trust to whom income is required or authorized in the trustee's discretion to be distributed currently, and to any person who may revoke the trust. At the termination of the trust, the trustee shall also account to each remainder beneficiary. Upon a change of trustees, the trustee shall also account to the successor trustee. In full satisfaction of this obligation, the trustee may deliver the accounting to the guardian or conservator of any qualified beneficiary who is non-sui juris. (2) An accounting furnished to a qualified beneficiary pursuant to paragraph (1) of this subsection shall contain a statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last accounting to that beneficiary and a statement of the assets and liabilities of the trust as of the end of the accounting period; (c) A trustee is not required to report information or account to a qualified beneficiary who has waived in writing the right to a report or accounting and has not withdrawn that waiver; (d) Subsections (a) and (b) of this Code section shall not apply to the extent that the terms of the trust provide otherwise or the settlor of the trust directs otherwise in a writing delivered to the trustee. (e) Nothing in this Code section shall affect the power of a court to require or excuse an accounting. 53-14-84. A trustee shall distribute all net income derived from the trust at least annually. 53-14-85. A trustee is under no duty to investigate the resources of any beneficiary when determining whether to distribute trust property to that beneficiary. 53-14-86. (a) A trustee shall administer the trust solely in the interests of the beneficiaries. (b) This Code section does not preclude the following transactions, if fair to the beneficiaries: (1) An agreement between a trustee and a beneficiary relating to the appointment or WEDNESDAY, MARCH 4, 2009 629 compensation of the trustee; (2) Payment of reasonable compensation to the trustee; or (3) Performing and receiving reasonable compensation for performing services of a managerial, executive, or business advisory nature for a corporation or other business enterprise, where the trust estate owns an interest in the corporation or other business enterprise, 53-14-87. Except to the extent that the governing instrument clearly manifests an intention that the trustee shall or may favor one or more of the beneficiaries, a trustee shall administer a trust impartially based on what is fair and reasonable to all of the beneficiaries and with due regard to the respective interests of income beneficiaries and remainder beneficiaries. Part 2 53-14-100. Notwithstanding the breadth of discretion granted to a trustee in the trust instrument, including the use of such terms as 'absolute', 'sole', or 'uncontrolled', the trustee shall exercise a discretionary power in good faith. 53-14-101. (a) As used in this Code section, the term 'fiduciary' means the one or more personal representatives of the estate of a decedent or the one or more trustees of a testamentary or inter vivos trust, whichever in a particular case is appropriate. (b) A trustee of an express trust, without court authorization, is authorized: (1) To sell, exchange, grant options upon, partition, or otherwise dispose of any property or interest therein which the fiduciary may hold from time to time, at public or private sale or otherwise, with or without warranties or representations, upon such terms and conditions, including credit, and for such consideration as the fiduciary deems advisable and to transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple absolute or otherwise, free of all trust. The party dealing with the fiduciary shall not be under a duty to follow the proceeds or other consideration received; (2) To invest and reinvest in any property which the fiduciary deems advisable, including, but not limited to, common or preferred stocks, bonds, debentures, notes, mortgages, or other securities, in or outside the United States; insurance contracts on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest or in annuity contracts for any beneficiary; any real or personal property; investment trusts, including the securities of or other interests in any open-end or closed-end management investment company or investment trust registered under the federal Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq.; and participations in common trust funds; (3) To the extent and upon such terms and conditions and for such periods of time as 630 JOURNAL OF THE SENATE the fiduciary shall deem necessary or advisable, to continue or participate in the operation of any business or other enterprise, whatever its form or organization, including, but not limited to, the power: (A) To effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise; (B) To dispose of any interest therein or acquire the interest of others therein; (C) To contribute or invest additional capital thereto or to lend money thereto in any such case upon such terms and conditions as the fiduciary shall approve from time to time; and (D) To determine whether the liabilities incurred in the conduct of the business are to be chargeable solely to the part of the trust set aside for use in the business or to the trust as a whole. In all cases in which the fiduciary is required to file accounts in any court or in any other public office, it shall not be necessary to itemize receipts, disbursements, and distributions of property; but it shall be sufficient for the fiduciary to show in the account a single figure or consolidation of figures, and the fiduciary shall be permitted to account for money and property received from the business and any payments made to the business in lump sum without itemization; (4) To form a corporation or other entity and to transfer, assign, and convey to the corporation or entity all or any part of the trust property in exchange for the stock, securities, obligations of or other interests in any such corporation or entity, and to continue to hold the stock, securities, obligations, and interests; (5) To continue any farming operation and to do any and all things deemed advisable by the fiduciary in the management and maintenance of the farm and the production and marketing of crops and dairy, poultry, livestock, orchard, and forest products, including, but not limited to, the following powers: (A) To operate the farm with hired labor, tenants, or sharecroppers; (B) To lease or rent the farm for cash or for a share of the crops; (C) To purchase or otherwise acquire farm machinery, equipment, and livestock; (D) To construct, repair, and improve farm buildings of all kinds needed, in the fiduciary's judgment, for the operation of the farm; (E) To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes, such as for production, harvesting, or marketing; or for the construction, repair, or improvement of farm buildings; or for the purchase of farm machinery, equipment, or livestock; (F) To employ approved soil conservation practices, in order to conserve, improve, and maintain the fertility and productivity of the soil; (G) To protect, manage, and improve the timber and forest on the farm and to sell the timber and forest products when it is to the best interest of the trust; (H) To ditch, dam, and drain damp or wet fields and areas of the farm when and where needed; (I) To engage in the production of livestock, poultry, or dairy products and to construct such fences and buildings and to plant pastures and crops as may be WEDNESDAY, MARCH 4, 2009 631 necessary to carry on such operations; (J) To market the products of the farm; and (K) In general, to employ good husbandry in the farming operation; (6) To manage real property: (A) To improve, manage, protect, and subdivide any real property; (B) To dedicate, or withdraw from dedication, parks, streets, highways, or alleys; (C) To terminate any subdivision or part thereof; (D) To borrow money for the purposes authorized by this paragraph for the periods of time and upon the terms and conditions as to rates, maturities, and renewals as the fiduciary shall deem advisable and to mortgage or otherwise encumber the property or part thereof, whether in possession or reversion; (E) To lease the property or part thereof, the lease to commence at the present or in the future, upon the terms and conditions, including options to renew or purchase, and for the period or periods of time as the fiduciary deems advisable even though the period or periods may extend beyond the duration of the trust; (F) To make gravel, sand, oil, gas, and other mineral leases, contracts, licenses, conveyances, or grants of every nature and kind which are lawful in the jurisdiction in which the property lies; (G) To manage and improve timber and forests on the property, to sell the timber and forest products, and to make grants, leases, and contracts with respect thereto; (H) To modify, renew, or extend leases; (I) To employ agents to rent and collect rents; (J) To create easements and to release, convey, or assign any right, title, or interest with respect to any easement on the property or part thereof; (K) To erect, repair, or renovate any building or other improvement on the property and to remove or demolish any building or other improvement in whole or in part; and (L) To deal with the property and every part thereof in all other ways and for such other purposes or considerations as it would be lawful for any person owning the same to deal with the property either in the same or in different ways from those specified elsewhere in this paragraph; (7) To lease personal property of the trust or part thereof, the lease to commence at the present or in the future, upon the terms and conditions, including options to renew or purchase, and for the period or periods of time as the fiduciary deems advisable even though the period or periods may extend beyond the duration of the trust; (8)(A) To pay debts, taxes, assessments, compensation of the fiduciary and other expenses incurred in the collection, care, administration, and protection of the trust; and (B) To pay from the trust all charges that the fiduciary deems necessary or appropriate to comply with laws regulating environmental conditions and to remedy or ameliorate any such conditions which the fiduciary determines adversely affect the trust or otherwise are liabilities of the trust and to apportion all such charges among the several bequests and trusts and the interests of the beneficiaries in such 632 JOURNAL OF THE SENATE manner as the fiduciary deems fair, prudent, and equitable under the circumstances. (9) To receive additional property from any source and to administer the additional property as a portion of the appropriate trust under the management of the fiduciary, provided that the fiduciary shall not be required to receive the property without the fiduciary's consent; (10) In dealing with one or more fiduciaries of the estate or any trust created by the decedent or the settlor or any spouse or child of the decedent or settlor and irrespective of whether the fiduciary is a personal representative or trustee of such other estate or trust: (A) To sell real or personal property of the estate or trust to such fiduciary or to exchange such property with such fiduciary upon such terms and conditions as to sale price, terms of payment, and security as shall seem advisable to the fiduciary; and the fiduciary shall be under no duty to follow the proceeds of any such sale; and (B) To borrow money from the estate or trust for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and securities as the fiduciary shall deem advisable for the purpose of paying debts of the decedent or settlor, taxes, the costs of the administration of the estate or trust, and like charges against the estate or trust or any part thereof or of discharging any other liabilities of the estate or trust and to mortgage, pledge, or otherwise encumber such portion of the estate or trust as may be required to secure the loan or loans and to renew the loans; (11) To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable for the purpose of paying debts, taxes, or other charges against the trust or any part thereof, and to mortgage, pledge, or otherwise encumber such portion of the trust as may be required to secure the loan or loans; and to renew existing loans either as maker or endorser; (12) To make loans or advances for the benefit or the protection of the trust; (13) To vote shares of stock or other ownership interests owned by the trust, in person or by proxy, with or without power of substitution; (14) To hold a security in the name of a nominee or in other form without disclosure of the fiduciary relationship, so that title to the security may pass by delivery; but the fiduciary shall be liable for any act of the nominee in connection with the security so held; (15) To exercise all options, rights, and privileges to convert stocks, bonds, debentures, notes, mortgages, or other property into other stocks, bonds, debentures, notes, mortgages, or other property; to subscribe for other or additional stocks, bonds, debentures, notes, mortgages, or other property; and to hold the stocks, bonds, debentures, notes, mortgages, or other property so acquired as investments of the trust so long as the fiduciary shall deem advisable; (16) To unite with other owners of property similar to any which may be held at any time in the trust, in carrying out any plan for the consolidation or merger, dissolution or liquidation, foreclosure, lease, or sale of the property or the incorporation or WEDNESDAY, MARCH 4, 2009 633 reincorporation, reorganization or readjustment of the capital or financial structure of any corporation, company, or association the securities of which may form any portion of an estate or trust; to become and serve as a member of a shareholders' or bondholders' protective committee; to deposit securities in accordance with any plan agreed upon; to pay any assessments, expenses, or sums of money that may be required for the protection or furtherance of the interest of the beneficiaries of any trust with reference to any such plan; and to receive as investments of the trust any securities issued as a result of the execution of such plan; (17) To adjust the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of the trust; (18) To continue any obligation, whether secured or unsecured, upon and after maturity, with or without renewal or extension, upon such terms as the fiduciary shall deem advisable, without regard to the value of the security, if any, at the time of the continuance; (19) To foreclose, as an incident to the collection of any bond, note, or other obligation, any deed to secure debt or any mortgage, deed of trust, or other lien securing the bond, note, or other obligation and to bid in the property at the foreclosure sale or to acquire the property by deed from the mortgagor or obligor without foreclosure; and to retain the property so bid in or taken over without foreclosure; (20) To carry such insurance coverage as the fiduciary shall deem advisable; (21) To collect, receive, and issue receipts for rents, issues, profits, and income of the trust; (22)(A) To compromise, adjust, mediate, arbitrate, or otherwise deal with and settle claims involving the trust or the trustee; and (B) To compromise, adjust, mediate, arbitrate, bring or defend actions on, abandon, or otherwise deal with and settle claims in favor of or against the trust as the fiduciary shall deem advisable; the fiduciary's decision shall be conclusive between the fiduciary and the beneficiaries of the trust and the person against or for whom the claim is asserted, in the absence of fraud by such persons, and, in the absence of fraud, bad faith, or gross negligence of the fiduciary, shall be conclusive between the fiduciary and the beneficiaries of the trust; and (C) To compromise all debts, the collection of which are doubtful, belonging to the trust when such settlements will advance the interests of those represented; (23) To employ and compensate, out of income or principal or both and in such proportion as the fiduciary shall deem advisable, persons deemed by the fiduciary needful to advise or assist in the administration of any trust, including, but not limited to, agents, accountants, brokers, attorneys at law, attorneys in fact, investment brokers, rental agents, realtors, appraisers, and tax specialists; and to do so without liability for any neglect, omission, misconduct, or default of the agent or representative, provided such person was selected and retained with due care on the part of the fiduciary; (24) To acquire, receive, hold, and retain undivided the principal of several trusts 634 JOURNAL OF THE SENATE created by a single instrument until division shall become necessary in order to make distributions; to hold, manage, invest, reinvest, and account for the several shares or parts of shares by appropriate entries in the fiduciary's books of account and to allocate to each share or part of share its proportionate part of all receipts and expenses; provided, however, that this paragraph shall not defer the vesting in possession of any share or part of share of the trust; (25) To set up proper and reasonable reserves for taxes, assessments, insurance premiums, depreciation, obsolescence, amortization, depletion of mineral or timber properties, repairs, improvements, and general maintenance of buildings or other property out of rents, profits, or other income received; (26) To value assets of the trust and to distribute them in cash or in kind, or partly in cash and partly in kind, in divided or undivided interests, as the fiduciary finds to be most practical and in the best interest of the distributees, the fiduciary being able to distribute types of assets differently among the distributees; (27) To transfer money or other property distributable to a beneficiary who is under age 21, an adult for whom a guardian or conservator has been appointed, or an adult who the fiduciary reasonably believes is incapacitated by distributing such money or property directly to the beneficiary or applying it for the beneficiary's benefit, or by: (A) Distributing it to the beneficiary's conservator or, if the beneficiary does not have a conservator, the beneficiary's guardian; (B) Distributing it to the beneficiary's custodian under the Georgia Transfers to Minors Act or similar state law and for that purpose creating a custodianship and designating a custodian; (C) Distributing it to the beneficiary's custodial trustee under the Uniform Custodial Trust Act, and, for that purpose, creating a custodial trust; or (D) Distributing it to any other person, whether or not appointed guardian or conservator by any court, who shall, in fact, have the care and custody of the person of the beneficiary; The fiduciary shall not be under any duty to see to the application of the distributions so made if the fiduciary exercised due care in the selection of the person, including the beneficiary, to whom the payments were made; and the receipt of the person shall be full acquittance to the fiduciary; (28) To make, modify, and execute contracts and other instruments, under seal or otherwise, as the fiduciary deems advisable; and (29) To serve without making and filing inventory and appraisement, without filing any annual or other returns or reports to any court, and without giving bond; but, in addition to any rights the beneficiaries may have under subsection (b) of 53-14-83, the fiduciary shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements. 53-14-102. A corporate fiduciary, without authorization by the court, may exercise the following powers: WEDNESDAY, MARCH 4, 2009 635 (1) To retain stock or other securities of its own issue received on the creation of the trust or later contributed to the trust, including the securities into which the securities originally received or contributed may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures. The corporate fiduciary may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. The authority described in this paragraph shall: (A) Apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; (B) Apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary; (C) Have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing and whether or not any of the corporations own assets identical or similar to the assets of or carry on a business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and (D) Apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary. (2) To borrow money from its own banking department for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable for the purpose of paying debts, taxes, or other charges against the estate or any trust or any part thereof, and to mortgage, pledge, or otherwise encumber such portion of the estate or any trust as may be required to secure the loan or loans; and to renew existing loans either as maker or endorser. 53-14-103. (a) By an expressed intention of the testator or settlor contained in a will or in an instrument in writing whereby an express trust is created, any or all of the powers or any portion thereof enumerated in this part, as they exist at the time of the signing of the will by the testator or at the time of the signing by the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in the will or other written instrument with the same effect as though such language were set forth verbatim in the instrument. (b) At any time after the execution of a revocable trust, the settlor or anyone who is authorized by the trust instrument to modify the trust may incorporate any or all of the 636 JOURNAL OF THE SENATE powers or any portion thereof enumerated in this article, as they exist at the time of the incorporation. (c) Incorporation of one or more of the powers contained in this article, by reference to the appropriate portion of Code Section 53-14-101, shall be in addition to and not in limitation of the common-law or statutory powers of the fiduciary. (d)(1) A provision in any will or trust instrument which incorporates powers by citation to Georgia Laws 1973, page 846; Code 1933, Section 108-1204 (Harrison); or former Code Section 53-15-3 or 53-12-232 which were in effect at the time the trust was created and which was valid under the law in existence at the time the will was signed by the testator or at the time of the signing by the first settlor who signs the trust instrument shall be effective notwithstanding the subsequent repeal of such statute. (2) A provision in any will or trust instrument which was signed by the testator or by the first settlor to sign after June 30, 1991, but before July 1, 1992, and which incorporates powers by citation to former Code Section 53-15-3 in effect on the date of such signing shall be deemed to mean and refer to the corresponding powers contained in former Code Section 53-12-232. (e) If any or all of the powers contained in this article are incorporated by reference into a will by a testator: (1) The term 'trust' includes the estate held by the personal representative; (2) The terms 'trustee' or 'fiduciary' include the personal representative; and (3) The term 'beneficiaries of the trust' includes distributees of the estate. 53-14-104. The qualified beneficiaries of a trust that omits any of the powers in Code Section 5314-101 may by unanimous consent authorize but not require the court to grant to the trustee those powers. With respect to any qualified beneficiary who is non-sui juris, such consent may be given by the duly appointed conservator, if any, or if none, by the duly appointed guardian, if any, or if none, by either parent in the case of a minor, or, if none, by a guardian ad litem appointed to represent the non-sui juris qualified beneficiary. Part 3 53-14-120. (a) Subject to subsection (c) of this Code section, and unless the trust provisions expressly indicate that a rule in this subsection does not apply: (1) A person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and (2) A trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person. (b) A power whose exercise is limited or prohibited by subsection (a) of this Code WEDNESDAY, MARCH 4, 2009 637 section may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power. (c) Subsection (a) of this Code section does not apply to: (1) A power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(e) of the federal Internal Revenue Code of 1986, was previously allowed; (2) Any trust during any period that the trust may be revoked or amended by its settlor; or (3) A trust if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the federal Internal Revenue Code of 1986. Part 4 53-14-130. (a) The trustee may present a certification of trust to any person other than a beneficiary in lieu of providing a copy of the trust instrument to establish the existence or the trust provisions. (b) The certification of trust as provided for in subsection (a) of this Code section shall contain some or all the following information: (1) That the trust exists and the date of the trust and any amendments; (2) The identity of each settlor; (3) The identity and address of each current trustee and, if more than one, the number and identity of those required to exercise the powers of the trustee; (4) The relevant powers of the trustee and any restrictions or limitations on those powers; (5) The revocability or irrevocability of the trust; (6) How trust property should be titled; (7) Except as specifically disclosed in the certification, that the transaction at issue requires no consent or action by any person other than the certifying trustee; and (8) Such other information as the trustee deems appropriate. (c) A certification of trust: (1) Must be signed by each trustee; (2) Must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification to be incorrect; and (3) Need not contain the dispositive provisions of the trust. (d) The recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and any amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction. (e) A person who acts in reliance upon the certification of trust without knowledge that any information therein is incorrect is not liable to any person for so acting and may assume without inquiry that the information is correct. 638 JOURNAL OF THE SENATE (f) A person who in good faith enters into a transaction in reliance upon the certification of trust may enforce the transaction as if the information in the certification were correct. (g) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including court costs and attorney's fees, if the court determines that the demand was not made in good faith. (h) This Code section shall not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. (i) A certification of trust in recordable form may be recorded in the office of the clerk of superior court. Part 5 53-14-140. Whenever a bank or trust company is duly authorized to act and is acting as a fiduciary, which term shall include an executor, administrator, trustee, guardian, or conservator and has a nominee or nominees in whose name securities, including, without limitation, bonds, stocks, notes, and other evidences of title to intangible personal property, held as a fiduciary, may be registered, it shall be lawful to register securities in the name of the nominee or nominees without mention of the fiduciary relationship in the instrument evidencing the securities or on the books of the issuer of the same, provided that: (1) The records of the corporate fiduciary shall at all times clearly show that the securities are held by the corporate fiduciary in its capacity as fiduciary, together with the beneficial owner or owners thereof and all facts relating to its ownership, possession, and holding thereof; and (2) The corporate fiduciary shall not be relieved of liability for the safe custody, control, and proper distribution of the securities by reason of the registration of same in the name of any nominee. 53-14-141. If two or more fiduciaries are acting jointly in reference to any securities, it shall be lawful to register the property in the name of any nominee or any joint corporate fiduciary. In the event that more than one corporate fiduciary is acting, it shall be lawful to register securities in the name of any nominee of any one of the corporate fiduciaries. 53-14-142. (a) Any fiduciary holding securities in its fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary, is authorized to deposit or arrange for the deposit of the securities in a clearing corporation, as defined in Article 8 of Title 11. When the securities are deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk, in the name of the WEDNESDAY, MARCH 4, 2009 639 nominee of the clearing corporation, with any other such securities deposited in the clearing corporation by any person, regardless of the ownership of the securities, and certificates of small denominations may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent, or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are deposited. Title to the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. (b) A bank or trust company depositing securities pursuant to this Code section shall be subject to such rules and regulations as, in the case of state chartered institutions, the commissioner of banking and finance and, in the case of national banking associations, the comptroller of the currency may from time to time issue. (c) A bank or trust company acting as custodian for a fiduciary, on demand by the fiduciary, shall certify in writing to the fiduciary the securities deposited by the bank or trust company in the clearing corporation for the account of the fiduciary. A fiduciary, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for the party, shall certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as the fiduciary. (d) This Code section shall apply to any fiduciary holding securities in its fiduciary capacity and to any bank or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary acting on April 13, 1973, or acting thereafter, regardless of the date of the agreement, instrument, or court order by which it is appointed and regardless of whether or not the fiduciary, custodian, managing agent, or custodian for a fiduciary owns capital stock of the clearing corporation. ARTICLE 4 53-14-143. The trustee is accountable to the beneficiary for the trust property. A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust. 53-14-144. (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action to seek: (1) To recover damages; (2) To compel the trustee to perform the trustee's duties; (3) To require an accounting; (4) To enjoin the trustee from committing a breach of trust; (5) To compel the trustee to redress a breach of trust by payment of money or otherwise; (6) To appoint a temporary trustee to take possession of the trust property and administer the trust or to suspend a trustee with or without the appointment of a 640 JOURNAL OF THE SENATE temporary trustee; (7) To remove the trustee; and (8) To reduce or deny compensation of the trustee. (b) When trust assets are misapplied and can be traced in the hands of persons affected with notice of the misapplication, the trust shall attach to the assets. A creditor of a trust may follow assets in the hands of beneficiaries even if they were received without notice. (c) The remedy set forth in subsection (c) of Code Section 53-15-23 is the exclusive remedy for an abuse of discretion as provided in Code Sections 53-15-21 and 53-15-22. (d) The provision of remedies for breach of trust does not prevent resort to any other appropriate remedy provided by statute or common law. 53-14-145. (a) A trustee who commits a breach of trust is personally chargeable with any damages resulting from the breach of trust, including but not limited to: (1) Any loss or depreciation in value of the trust property as a result of the breach of trust, with interest; (2) Any profit made by the trustee through the breach of trust, with interest; (3) Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust, with interest; and (4) In the discretion of the court, expenses of litigation, including reasonable attorney's fees incurred in bringing an action on the breach or threat to commit a breach. (b) If the trustee is liable for interest, then the amount of the liability for interest shall be the greater of the following amounts: (1) The amount of interest that accrues at the legal rate on judgments; or (2) The amount of interest actually received. 53-14-146. (a) No provision in a trust instrument is effective to relieve the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the interests of the beneficiaries. (b) A trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written direction from a person holding the power to revoke, including a person to whom the power to direct the trustee is delegated. If the trust is revocable in part, then this subsection applies with respect to the interest of the beneficiary in that part of the trust property. (c) Whenever a trust reserves to the settlor or vests in an advisory or investment committee or in any other person, including a cotrustee, to the exclusion of one or more trustees, authority to direct the making or retention of any investment, the excluded trustee shall be liable, if at all, only as a ministerial agent and not as trustee for any loss resulting from the making or retention or any investment pursuant to the authorized direction. WEDNESDAY, MARCH 4, 2009 641 53-14-147. (a) A successor trustee is liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee only if the successor trustee: (1) Knows or reasonably should have known of a situation constituting a breach of trust committed by the predecessor trustee and the successor trustee improperly permits it to continue; (2) Neglects to take reasonable steps to compel the predecessor to deliver the trust property to the successor trustee; or (3) Neglects to take reasonable steps to redress a breach of trust committed by the predecessor trustee in a case where the successor trustee knows or reasonably should have known of the predecessor trustee's breach. (b) A trustee succeeding a trustee who was also the settlor is not liable to the beneficiary for any action taken or omitted to be taken by the prior trustee nor does such successor trustee have a duty to institute any action against such prior trustee or to file any claim against such prior trustee's estate for any of the prior trustee's acts or omissions as trustee. This subsection applies only with respect to a trust or any portion of a trust that was revocable by the settlor during the time that the settlor served as trustee and committed the act or omission. 53-14-148. (a) A trustee is liable to the beneficiary for a breach committed by a cotrustee if the trustee: (1) Participates in a breach of trust committed by the cotrustee; (2) Improperly delegates the administration of the trust to the cotrustee; (3) Approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee; (4) Negligently enables the cotrustee to commit a breach of trust; or (5) Neglects to take reasonable steps to compel the cotrustees to redress a breach of trust in a case where the trustee knows or reasonably should have known of the breach of trust. (b) If two or more cotrustees are jointly liable to the beneficiary, each cotrustee is entitled to contribution from the other, as determined by the degree of each co-trustee's fault. 53-14-149. (a) A trustee may maintain an action against a cotrustee to: (1) Compel the cotrustee to perform duties required under the trust; (2) Enjoin the cotrustee from committing a breach of trust; or (3) Compel the cotrustee to redress a breach of trust committed by the cotrustee. (b) The provision of remedies for breach of trust does not prevent resort to any other appropriate remedy provided by statute or common law. 53-14-150. (a) Unless a claim is previously barred by adjudication, consent, limitation, or 642 JOURNAL OF THE SENATE otherwise, if a beneficiary has received a written report that adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within two years after receipt of the report. A report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of the claim or reasonably should have inquired into the existence of the claim. If the beneficiary has not received a report which adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within six years after the beneficiary discovered, or reasonably should have discovered, the subject of the claim. (b) A successor trustee's claim against a predecessor trustee is barred unless a proceeding to assert the claim is commenced within two years after the successor trustee takes office. (c) A trustee's claim against a cotrustee is barred unless a proceeding to assert the claim is commenced within two years after the date the cause of action against the cotrustee arises. 53-14-151. (a) A trustee shall not be personally liable on any warranty made in any conveyance unless the intention to create a personal liability is distinctly expressed. (b) Unless otherwise provided in the contract, a trustee is not personally liable on contracts properly entered into in the trustee's fiduciary capacity unless the trustee fails to reveal the trustee's representative capacity in the contract. (c) A judgment rendered in an action brought against the trust shall impose no personal liability on the trustee or the beneficiary. ARTICLE 5 53-14-170. As used in this article, the term: (1) 'Foreign entity' means: (A) Any financial institution whose deposits are federally insured which is organized or existing under the laws of any state of the United States, other than Georgia, or any subsidiary of such financial institution; (B) Any other corporation organized or existing under the laws of any state of the United States which borders upon this state, specifically, Florida, Alabama, Tennessee, North Carolina, or South Carolina; and (C) Any federally chartered financial institution whose deposits are federally insured having its principal place of business in any state of the United States, other than Georgia, or any subsidiary of such financial institution. (2) 'Nonresident' means an individual who does not reside in Georgia. 53-14-171. (a) Any nonresident who is eligible to serve as a trustee under Code Section 53-14-3 WEDNESDAY, MARCH 4, 2009 643 may act as a trustee in this state pursuant to the terms of this Code section. (b) Any nonresident trustee who acts as a trustee in this state shall be deemed to have consented to service upon the Secretary of State of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out of or based upon any act or failure to act on the part of the trustee unless the trustee shall designate as the agent for such service some person who may be found and served with notice, summons, or process in this state by a designation to be filed, from time to time, in the office of the Secretary of State, giving the name of the agent and the place in this state where the agent may be found and served. (c) If a nonresident trustee fails to designate a person who may be found and served with summons, notice, or process in this state, service of summons, notice, or process shall be made upon the trustee by serving a copy of the petition or other pleading, with process attached thereto on the Secretary of State. The service shall be sufficient service upon the nonresident trustee, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or the plaintiff's agent to the trustee, in the state where the trustee resides, and the return receipt is appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section. 53-14-172. (a) Any foreign entity may act in this state as trustee, executor, administrator, guardian, or any other like or similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, security deed, mortgage, deed of trust, court order, or otherwise without the necessity of complying with any law of this state relating to the qualification of foreign entities to do business in this state or the licensing of foreign entities to do business in this state, except as provided in this article, and notwithstanding any prohibition, limitation, or restriction contained in any other law of this state, provided only that: (1) The foreign entity is eligible to act as a fiduciary in this state under Code Section 7-1-242; and (2) The foreign entity is authorized to act in the fiduciary capacity in the state in which it is incorporated or organized, or, if the foreign entity is a national banking association, in the state in which it has its principal place of business. (b) Any foreign entity seeking to exercise fiduciary powers in this state, upon qualifying in this state to act in any of such fiduciary capacities, shall not be required by law to give bond, if bond is relieved by the instrument, law, or court order in which such entity has been designated to act in such fiduciary capacity. (c) Nothing in this article shall be construed to prohibit or make unlawful any activity in this state by a bank or other entity which is not incorporated or organized under the laws of this state or by a national bank which does not have its principal place of business in this state, which activity would be lawful in the absence of this article. 644 JOURNAL OF THE SENATE 53-14-173. A foreign entity, insofar as it acts in a fiduciary capacity in this state pursuant to this article, shall not be required to obtain a certificate of authority to transact business in this state as required by Article 15 of Chapter 2 of Title 14, but no such foreign entity shall establish or maintain in this state a place of business, branch office, or agency for the conduct in this state of business as a fiduciary. 53-14-174. (a) Prior to the time when any foreign entity acts pursuant to the authority of this article in any fiduciary capacity in this state, the foreign entity shall file with the Secretary of State a verified statement which shall state: (1) The correct name of the foreign entity; (2) The name of the state under the laws of which it is incorporated or organized, or, if the foreign entity is a national banking association, a statement of that fact; (3) The address of its principal business office; (4) In what fiduciary capacity it desires to act in this state; (5) That it is authorized to act in a similar fiduciary capacity in the state in which it is incorporated or organized, or, if it is a national banking association, in which it has its principal place of business, and the basis on which it is eligible to act as a fiduciary in Georgia under Code Section 7-1-242; and (6) The name and address of a person who may be found and served with notice, summons, or process in this state and who is designated by the foreign entity as its agent for such service. (b) The statement provided for in subsection (a) of this Code section shall be verified by an officer of the foreign entity, and there shall be filed with it such certificates of public officials and copies of documents certified by public officials as may be necessary to show that the foreign entity is authorized to act in a fiduciary capacity similar to those in which it desires to act in this state, in the state in which it is incorporated or organized, or, if it is a national banking association, in which it has its principal place of business. (c) Any foreign entity that acts as a trustee in this state shall be deemed to have consented to service upon the Secretary of State of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out of or based upon any act or failure to act on the part of the trustee unless the trustee shall designate as the agent for such service some person who may be found and served with notice, summons, or process in this state by a designation to be filed, from time to time, in the office of the Secretary of State, giving the name of the agent and the place in this state where the agent may be found and served. (d) If a foreign entity fails to designate a person who may be found and served with summons, notice, or process in this state, service of summons, notice, or process shall be made upon the foreign entity by serving a copy of the petition or other pleading, with process attached thereto on the Secretary of State. The service shall be sufficient service upon the foreign entity, provided that notice of the service and a copy of the WEDNESDAY, MARCH 4, 2009 645 petition and process is forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or the plaintiff's agent to the foreign entity at the address that is on file with the Secretary of State and the return receipt is appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section." SECTION 5. Said title is further amended by replacing Chapter 15, which has been repealed, with a new Chapter 15 to read as follows: "CHAPTER 15 ARTICLE 1 Part 1 53-15-1. (a) Except to the extent it would impair vested rights and except as otherwise provided by law, the provisions contained in this chapter shall apply to any trust regardless of the date it was created. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions in this chapter or elsewhere in the laws of this state. (c) Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or any other provision of law, such principles remain the law of the state. 53-12-2. As used in this chapter, the term: (1) 'Beneficiary' means a person for whose benefit property is held in trust, regardless of the nature of the interest, and includes any beneficiary, whether vested or contingent, born or unborn, ascertained or unascertained. (2) 'Express trust' means a trust as described in Code Section 53-12-10. (3) 'Person' means an individual, corporation, partnership, association, joint-stock company, business trust, unincorporated organization, limited liability company, or other legal entity, including any of the foregoing acting as a fiduciary. (4) 'Property' means any type of property, whether real or personal, tangible or intangible, legal or equitable. (5) 'Settlor' means the person who creates the trust, including a testator in the case of a testamentary trust. The terms 'grantor' and 'trustor' mean the same as 'settlor.' (6) 'Trust' means an express trust or an implied trust. (7) 'Trust instrument' means the document or documents, including any testamentary instrument, that contains the trust provisions. (8) 'Trust property' means property the legal title to which is held by the trustee. The 646 JOURNAL OF THE SENATE term also includes choses in action, claims, and contract rights, including a contractual right to receive death benefits as designated beneficiary under a policy of insurance, contract, employees' trust or other arrangement. The terms 'trust corpus' and 'trust res' mean the same as 'trust property.' (9) 'Trustee' means the person or persons holding legal title to the property in trust. 53-15-3. (a) In investing and managing trust property, a trustee shall exercise the judgment and care under the circumstances then prevailing of a prudent person acting in a like capacity and familiar with such matters, considering the purposes, provisions, and distribution requirements of the trust. (b) Among the factors that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries: (1) General economic conditions; (2) The possible effect of inflation or deflation; (3) Anticipated tax consequences; (4) The attributes of the portfolio, (5) The expected return from income and appreciation; (6) Needs for liquidity, regularity of income, and preservation or appreciation of capital; (7) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries or to the settlor; (8) The anticipated duration of the trust; and (9) Any special circumstances. (c) Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. (d) A trustee who has special investment skills or expertise has a duty to use those special skills or expertise. A trustee who is named trustee in reliance upon the trustee's representation that the trustee has special investment skills or expertise will be held liable for failure to make use of that degree of skill or expertise. (e) A trustee may invest in any kind of property or type of investment consistent with the standards of this article. (f) A trustee that is a bank or trust company shall not be precluded from acquiring and retaining the securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services. 53-15-4. A trustee shall reasonably manage the risk of concentrated holdings of assets in a trust WEDNESDAY, MARCH 4, 2009 647 by diversifying or by using other appropriate mechanisms, except as otherwise provided in this Code section, as follows: (1) The duty imposed by this Code section shall not apply if the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without complying with the duty; (2) The trustee shall not be liable for failing to comply with the duty imposed by this Code section to the extent that the terms of the trust instrument limit or waive the duty; and (3) Except as provided in this paragraph, the duty imposed by this Code section shall apply on or after January 1, 2011. With respect to any trust that is or becomes irrevocable before January 1, 2011, the duty imposed by this Code section shall not apply: (A) To the trust to the extent such trust instrument directs or permits the trustee to retain, invest, exchange or reinvest assets without regard to any duty to diversify, without the need to diversify or create a diversity of investments, or without liability for either depreciation or failing to diversify, or contains other similar language expressing a settlor's intent to provide similar discretion to the trustee; or (B) Absent gross neglect, with respect to an asset that was transferred to the trustee of such trust by any settlor or gratuitous transferor. 53-15-5. Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, provisions, distributions requirements, and other circumstances of the trust and with the requirements of this article. 53-15-6. Compliance with the investment rules of this part is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight. 53-15-7. The following terminology or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this chapter: 'investments permissible by law for investment of trust funds,' 'legal investments,' 'authorized investments,' 'using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital,' 'prudent man rule,' 'prudent trustee rule,' 'prudent person rule,' and 'prudent investor rule.' 53-15-8. This article shall apply to trusts existing on and created after its effective date. As 648 JOURNAL OF THE SENATE applied to trusts existing on its effective date, this article governs only decisions or actions occurring after that date. 53-15-9. (a) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in: (1) Selecting an agent; (2) Establishing the scope and terms of the delegation consistent with the purposes and provisions of the trust; and (3) Reviewing periodically the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation. (b) In performing a delegation function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation. (c) A trustee who complies with the requirements of subsection (a) of this Code section, and who takes reasonable steps to compel an agent to whom the function was delegated to redress a breach of duty to the trust, is not liable to the beneficiaries of the trust or to the trust for the decisions or actions of the agent to whom the function was delegated. (d) By accepting the delegation of a trust function from the trustee of a trust that is subject to the laws of this state, an agent waives the defense of lack of personal jurisdiction and submits to the jurisdiction of this state. 53-15-10. (a) The effect of the provisions of this chapter and Chapters 12, 13, and 14 may be varied by the trust instrument except: (1) As to any requirements in Article 2 of Chapter 12 relating to the creation and validity of express trusts; (2) As to the effect of the rules as provided in Article 5 of Chapter 12 relating to spendthrift trusts; (3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-14-6; (4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith, as provided in Code Sections 53-14-30 and 53-14-38; (5) As to the effect of a provision relieving a trustee from liability, as provided in Code Section 53-14-53; and (6) As to the periods of limitation on actions, as provided in Code Sections 53-12-25 and 53-14-57. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter or Chapters 12, 13, and 14 or as otherwise provided by law. WEDNESDAY, MARCH 4, 2009 649 Part 2 53-15-20. In allocating receipts and disbursements to or between principal and income and with respect to any matter within the scope of Article 2 of this chapter, the following shall apply: (1) A trustee shall administer a trust in accordance with the governing instrument, even if there is a different provision in Article 2 of this chapter; (2) A trustee may administer a trust by the exercise of a discretionary power of administration regarding a matter within the scope of Article 2 of this chapter given to the trustee by the governing instrument, even if the exercise of the power produces a result different from a result required or permitted by Article 2 of this chapter. No inference that the trustee has improperly exercised the discretionary power shall arise from the fact that the trustee has made an allocation contrary to a provision of Article 2 of this chapter; (3) A trustee shall administer a trust in accordance with Article 2 of this chapter if the governing instrument does not contain a different provision or does not give the trustee a discretionary power of administration regarding a matter within the scope of Article 2 of this chapter; and (4) A trustee shall add a receipt or charge a disbursement to principal to the extent that the governing instrument and Article 2 of this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income. 53-15-21. (a) Subject to subsections (c) and (f) of this Code section, a trustee may adjust between principal and income by allocating an amount of income to principal or an amount of principal to income to the extent the trustee considers appropriate if: (1) The governing instrument describes what may or must be distributed to a beneficiary by referring to the trust's income; and (2) The trustee determines, after applying the rules in Code Section 53-15-20, that the trustee is unable to comply with Code Section 53-14-87. (b) In deciding whether and to what extent to exercise the power conferred by subsection (a) of this Code section, a trustee may consider, among other things, all of the following: (1) The size of the trust; (2) The nature and estimated duration of the trust; (3) The liquidity and distribution requirements of the trust; (4) The needs for regular distributions and preservation and appreciation of capital; (5) The expected tax consequences of an adjustment; (6) The net amount allocated to income under this chapter and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available; (7) The assets held in the trust; the extent to which they consist of financial assets, 650 JOURNAL OF THE SENATE interests in closely held enterprises, and tangible and intangible personal property or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor or testator; (8) To the extent reasonably known to the trustee, the needs of the beneficiaries for present and future distributions authorized or required by the governing instrument; (9) Whether and to what extent the governing instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; (10) The intent of the settlor or testator; and (11) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation on the trust. (c) A trustee may not make an adjustment under this Code section if any of the following apply: (1) The adjustment would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (2) The adjustment is from trust funds which are permanently set aside for charitable purposes under the governing instrument and for which a federal charitable, estate or gift tax deduction has been taken, unless both income and principal are so set aside; (3) If: (A) Possessing or exercising the power to make an adjustment would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes; and (B) The individual would not be treated as the owner if the trustee did not possess the power to make an adjustment; (4) If: (A) Possessing or exercising the power to make an adjustment would cause all or part of the trust assets to be subject to federal estate, gift, or generation-skipping transfer tax with respect to an individual; and (B) The assets would not be subject to federal estate, gift, or generation-skipping tax with respect to the individual if the trustee did not possess the power to make an adjustment; (5) If the trustee is a beneficiary of the trust; or (6) If the trust has been converted under Code Section 53-15-22. (d) If paragraph (5), (6), or (7) of subsection (c) of this Code section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is prohibited by the governing instrument. (e)(1) If paragraph (2) of this subsection applies, a trustee may release any of the following: (A) The entire power conferred by subsection (a) of this Code section; (B) The power to adjust from income to principal; or (C) The power to adjust from principal to income. WEDNESDAY, MARCH 4, 2009 651 (2) A release under paragraph (1) of this subsection is permissible if either of the following apply: (A) The trustee is uncertain about whether possessing or exercising the power will cause a result described in paragraphs (1) through (6) of subsection (c) of this Code section; or (B) The trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (c) of this Code section. (3) The release may be permanent or for a specified period, including a period measured by the life of an individual. (f) A governing instrument which limits the power of a trustee to make an adjustment between principal and income does not affect the application of this Code section unless it is clear from the governing instrument that it is intended to deny the trustee the power of adjustment conferred by subsection (a) of this Code section. 53-15-22. (a) Unless expressly prohibited by the trust instrument, a trustee may release the power to adjust under Code Section 53-15-21 and convert a trust into a unitrust as described in this Code section if all of the following apply: (1) The trustee determines that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust; (2) The trustee gives written notice of the trustee's intention to release the power to adjust and to convert the trust into a unitrust and of how the unitrust will operate, including what initial decisions the trustee will make under this Code section, to: (A) The settlor, if living; (B) All living persons who are currently receiving or eligible to receive distributions of income of the trust; and (C) Without regard to the exercise of any power of appointment, all living persons who would receive principal of the trust if the trust were to terminate at the time of the giving of such notice and all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the interests of all of the beneficiaries currently eligible to receive income under subparagraph (B) of this paragraph were to terminate at the time of the giving of such notice. If a beneficiary is not sui juris, such notice shall be given to the beneficiary's conservator, if any, and if the beneficiary has no conservator, to the beneficiary's guardian, including, in the case of a minor beneficiary, the beneficiary's natural guardian; (3) At least one person receiving notice under each of subparagraphs (B) and (C) of paragraph (2) of this subsection is legally competent; and (4) No beneficiary objects to the conversion to a unitrust in a writing delivered to the trustee within 60 days of the mailing of the notice under paragraph (2) of this subsection. (b)(1) The trustee may petition the superior court to order the conversion to a 652 JOURNAL OF THE SENATE unitrust. (2) A beneficiary may request a trustee to convert to a unitrust. If the trustee does not convert, the beneficiary may petition the superior court to order the conversion. (3) The court shall order conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust. (c) In deciding whether to exercise the power to convert to a unitrust as provided by subsection (a) of this Code section, a trustee may consider, among other things, all of the following: (1) The size of the trust; (2) The nature and estimated duration of the trust; (3) The liquidity and distribution requirements of the trust; (4) The needs for regular distributions and preservation and appreciation of capital; (5) The expected tax consequences of the conversion; (6) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, and tangible and intangible personal property or real property; and the extent to which an asset is used by a beneficiary; (7) To the extent reasonably known to the trustee, the needs of the beneficiaries for present and future distributions authorized or required by the governing instrument; (8) Whether and to what extent the governing instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; and (9) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation on the trust. (d) After a trust is converted to a unitrust, all of the following apply: (1) The trustee shall follow an investment policy seeking a total return for the investments held by the trust, whether the return is to be derived from: (A) Appreciation of capital; (B) Earnings and distributions from capital; or (C) Both appreciation of capital and earnings and distributions from capital; (2) The trustee shall make regular distributions in accordance with the governing instrument construed in accordance with the provisions of this Code section; (3) The term 'income' in the governing instrument shall mean an annual unitrust distribution equal to 4 percent of the net fair market value of the trust's assets or the payout percentage ordered under paragraph (1) of subsection (g) of this Code section, whether such assets would be considered income or principal under other provisions of this chapter, averaged over the lesser of: (A) The three preceding years; or (B) The period during which the trust has been in existence; (4) The trustee can determine the fair market value of the property in the trust by appraisal or other reasonable method or estimate; and (5) The fair market value of the trust property shall not include the value of any WEDNESDAY, MARCH 4, 2009 653 residential property or any tangible personal property that, as of the first business day of the current valuation year, one or more of the current beneficiaries of the trust have or had the right to occupy or have had the right to possess or control, other than in his or her capacity as trustee of the trust, and instead the right of occupancy or the right to possession or control shall be deemed to be the unitrust amount with respect to such residential property. (e) The trustee may in the trustee's discretion from time to time determine all of the following: (1) The effective date of a conversion to a unitrust; (2) The provisions for prorating a unitrust distribution for a short year in which a beneficiary's right to payments commences or ceases; (3) The frequency of unitrust distributions during the year; (4) The effect of other payments from or contributions to the trust on the trust's valuation; (5) Whether to value the trust's assets annually or more frequently; (6) What valuation dates to use; (7) How frequently to value nonliquid assets and whether to estimate their value; and (8) Any other matters necessary for the proper functioning of the unitrust. (f)(1) Expenses which would be deducted from income if the trust were not a unitrust may not be deducted from the unitrust distribution. (2) The unitrust distribution shall be paid from net income, as such term would be determined if the trust were not a unitrust. To the extent net income is insufficient, the unitrust distribution shall be paid from net realized short-term capital gains. To the extent income and net realized short-term capital gains are insufficient, the unitrust distribution shall be paid from net realized long-term capital gains. To the extent income and net realized short-term and long-term capital gains are insufficient, the unitrust distribution shall be paid from the principal of the trust. (g) The trustee or, if the trustee declines to do so, a beneficiary may petition the superior court to: (1) Select a payout percentage different from 4 percent but not lower than 3 percent or higher than 5 percent; (2) Provide for a distribution of net income, as would be determined if the trust were not a unitrust, in excess of the unitrust distribution if such distribution is necessary to preserve a tax benefit; (3) Average the valuation of the trust's net assets over a period other than three years; or (4) Reconvert from a unitrust. Upon a reconversion, the power to adjust under Code Section 53-15-21 shall be revived. (h) A conversion to a unitrust does not affect a provision in the governing instrument directing or authorizing the trustee to distribute principal or authorizing a beneficiary to withdraw a portion or all of the principal. (i) A trustee may not convert a trust into a unitrust in any of the following circumstances: 654 JOURNAL OF THE SENATE (1) If payment of the unitrust distribution would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (2) If the unitrust distribution would be made from trust funds which are permanently set aside for charitable purposes under the governing instrument and for which a federal charitable, estate or gift tax deduction has been taken, unless both income and principal are so set aside; (3) If: (A) Possessing or exercising the power to convert would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes; and (B) The individual would not be treated as the owner if the trustee did not possess the power to convert; or (5) If: (A) Possessing or exercising the power to convert would cause all or part of the trust assets to be subject to federal estate, gift, or generation-skipping transfer tax with respect to an individual; and (B) The assets would not be subject to federal estate, gift, or generation-skipping transfer tax with respect to the individual if the trustee did not possess the power to convert. (j)(1) If paragraph (4) or (5) of subsection (i) of this Code section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may convert the trust unless the exercise of the power by the remaining trustee or trustees is prohibited by the governing instrument; and (2) If paragraph (4) or (5) of subsection (i) of this Code section applies to all the trustees, the trustees may petition the superior court to direct a conversion. (k)(1) A trustee may release the power conferred by subsection (a) of this Code section to convert to a unitrust if either of the following apply: (A) The trustee is uncertain about whether possessing or exercising the power to convert will cause a result described in paragraph (4) or (5) of subsection (i) of this Code section; or (B) The trustee determines that possessing or exercising the power to convert will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (i) of this Code section. (2) The release of the power to convert may be permanent or for a specified period, including a period measured by the life of an individual. 53-15-23. (a) A court shall not change a trustee's decision to exercise or not to exercise a discretionary power conferred by this chapter unless it determines that the decision was an abuse of the trustee's discretion. (b) The decisions to which subsection (a) of this Code section apply include: (1) A determination of whether and to what extent an amount should be transferred from principal to income or from income to principal; and (2) A determination of the factors that are relevant to the trust and its beneficiaries, WEDNESDAY, MARCH 4, 2009 655 the extent to which they are relevant, and the weight, if any, to be given to the relevant factors in deciding whether and to what extent to exercise the power conferred by this chapter. (c) If a court determines that a trustee has abused its discretion regarding a discretionary power conferred by Code Section 53-15-21 or 53-15-22, the remedy is to restore the income and remainder beneficiaries to the positions they would have occupied if the trustee had not abused its discretion, according to the following rules: (1) To the extent that the abuse of discretion has resulted in no distribution to a beneficiary or a distribution which is too small, the court shall require the trustee to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to the beneficiary's appropriate position; (2) To the extent that the abuse of discretion has resulted in a distribution to a beneficiary which is too large, the court shall restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or requiring that beneficiary or that beneficiary's estate to return some or all of the distribution to the trust, notwithstanding a spendthrift or similar provision; (3) If the abuse of discretion concerns the power to convert a trust into a unitrust, the court shall require the trustee either to convert into a unitrust or to reconvert from a unitrust; and (4) To the extent that the court is unable, after applying paragraphs (1), (2), and (3) of this subsection, to restore the beneficiaries, the trust, or both to the positions they would have occupied if the trustee had not abused its discretion, the court may require the trustee to pay an appropriate amount from its own funds to one or more of the beneficiaries, the trust, or both. (d) No provision of this Code section or Code Section 53-15-21 or 53-15-22 is intended to require a trustee to make an adjustment under Code Section 53-15-21 or a conversion under Code Section 53-15-22. 53-15-24. (a) The following provisions shall apply to a trust which by its governing instrument requires the distribution at least annually of a unitrust amount equal to a fixed percentage of not less than three nor more than five percent per year of the net fair market value of the trust's assets, valued at least annually, such trust to be referred to as an 'express total return unitrust': (1) The unitrust amount may be determined by reference to the net fair market value of the trust's assets in one year or more than one year; (2) Distribution of such a fixed percentage unitrust amount is considered a distribution of all of the income of the total return unitrust and shall not be considered a fundamental departure from applicable state law, regardless of whether the total return unitrust is created and governed by Section 53-15-22 above or by the provisions of the governing instrument; 656 JOURNAL OF THE SENATE (3) Such a distribution of the fixed percentage of not less than three percent nor more than five percent is considered to be a reasonable apportionment of the total return of a total return unitrust; (4) The governing instrument may or may not grant discretion to the trustee to adopt a consistent practice of treating capital gains as part of the unitrust distribution, to the extent that the unitrust distribution exceeds the net accounting income, or it may specify the ordering of such classes of income; (5) Unless the trust provisions specifically provide otherwise, or grant discretion to the trustee as set forth above, a distribution of the unitrust amount shall be considered to have been made from the following sources in order of priority: (A) From net accounting income determined as if the trust were not a unitrust; (B) From ordinary income not allocable to net accounting income; (C) From net realized short-term capital gains; (D) From net realized long-term capital gains; and (E) From the principal of the trust estate; and (6) The trust document may provide that assets used by the trust beneficiary, such as a residence property or tangible personal property, may be excluded from the net fair market value for computing the unitrust amount. Such use may be considered equivalent to the 'income' or unitrust amount. (b) A trust which provides for a fixed percentage payout in excess of five percent per year shall be considered to have paid out all of the income of the total return unitrust, and to have paid out principal of the said trust to the extent that the fixed percentage payout exceeds five percent per year. (c) This Code section shall be effective for trusts established and wills executed on or after July 1, 2009. ARTICLE 2 Part 1 53-15-40. This article shall be known and may be cited as the 'Georgia Principal and Income Act.' 53-15-41. As used in this article, the term: (1) 'Accounting period' means a calendar year unless another 12-month period is selected by a fiduciary. Such term includes a portion of a calendar year or other 12month period that begins when an income interest begins or ends when an income interest ends. (2) 'Beneficiary' includes, in the case of a decedent's estate, an heir and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. (3) 'Fiduciary' means a personal representative or a trustee. Such term includes an executor, administrator, successor personal representative, special administrator, and a WEDNESDAY, MARCH 4, 2009 657 person performing substantially the same function. (4) 'Income' means money or property that a fiduciary receives as current return from a principal asset. Such term includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in Part 4 of this article. (5) 'Income beneficiary' means a person to whom net income of a trust is or may be payable. (6) 'Income interest' means the right of an income beneficiary to receive all or part of net income, whether the trust provisions require it to be distributed or authorize it to be distributed in the trustee's discretion. (7) 'Mandatory income interest' means the right of an income beneficiary to receive net income that the trust provisions require the fiduciary to distribute. (8) 'Net income' means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this article to or from income during the period. (9) '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. (10) 'Principal' means property held in trust for distribution to a remainder beneficiary when the trust terminates. (11) 'Terms of the trust' means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding. (12) 'Trustee' includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. Part 2 53-15-60. (a) If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends, and no interest is provided for by the terms of the trust, the pecuniary amount usually bears interest at the legal rate after the expiration of 12 months from the date the income interest terminates. (b) The general rule in subsection (a) of this Code section shall be subservient to the equity and necessity of a particular case. 53-15-61. Expenses incurred in connection with the settlement of a decedent's estate or the winding up of a terminating income interest, including interest and penalties concerning taxes, fees of attorneys and personal representatives and trustees and court costs, may be charged against the principal or income in the discretion of the personal representative or trustee. 658 JOURNAL OF THE SENATE Part 3 53-15-80. (a) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest. (b) An asset becomes subject to a trust: (1) On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life; (2) On the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or (3) On the date of an individual's death in the case of an asset that is transferred to a fiduciary by a third party because of the individual's death. (c) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (d) of this Code section, even if there is an intervening period of administration to wind up the preceding income interest. (d) An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income. 53-15-81. (a) A trustee shall allocate an income receipt or disbursement to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest. (b) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal and the balance must be allocated to income. (c) An item of income or an obligation is due on the date the payer is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this Code section. Distributions to shareholders or other owners from an entity to which Code Section 53-13-100 applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals. WEDNESDAY, MARCH 4, 2009 659 53-15-82. (a) As used in this Code section, the term 'undistributed income' means net income received before the date on which an income interest ends. Such term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust. (b) When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than five percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked must be added to principal. (c) When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate, or other tax requirements. Part 4 Subpart 1 53-15-100. (a) As used in this Code section, the term 'entity' means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization in which a trustee has an interest other than a trust or estate to which Code Section 53-13-101 applies, a business or activity to which Code Section 53-13-102 applies, or an asset-backed security to which Code Section 53-13-131 applies. (b) Except as otherwise provided in this Code section, a trustee shall allocate to income money received from an entity. (c) A trustee shall allocate the following receipts from an entity to principal: (1) Property other than money; (2) Money received in one distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity; (3) Money received in total or partial liquidation of the entity; and (4) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes. (d) Money is received in partial liquidation: (1) To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or (2) If the total amount of money and property received in a distribution or series of related distributions is greater than 20 percent of the entity's gross assets, as shown by the entity's year-end financial statements immediately preceding the initial receipt. 660 JOURNAL OF THE SENATE (e) Money is not received in partial liquidation, nor may it be taken into account under paragraph (2) of subsection (d) of this Code section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money. (f ) A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors. 53-15-101. A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a trustee, Code Section 53-15100 or 53-15-131 apply to a receipt from the trust. 53-15-102. (a) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets. (b) A trustee who accounts separately for a business or other activity may determine the extent to which its net cash receipts must be retained for working capital, the acquisition or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business. (c) Activities for which a trustee may maintain separate accounting records shall include: (1) Retail, manufacturing, service, and other traditional business activities; (2) Farming; (3) Raising and selling livestock and other animals; (4) Management of rental properties; (5) Extraction of minerals and other natural resources; (6) Timber operations; and (7) Activities to which Code Section 53-13-130 applies. WEDNESDAY, MARCH 4, 2009 661 Subpart 2 53-15-120. A trustee shall allocate to principal: (1) To the extent not allocated to income under this article, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest, or a payer under a contract naming the trust or its trustee as beneficiary; (2) Money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to the provisions of this article; (3) Amounts recovered from third parties to reimburse the trust because of disbursements described in paragraph (7) of subsection (a) of Code Section 53-15-151 or for other reasons to the extent not based on the loss of income; (4) Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income; (5) Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and (6) Other receipts as provided in this article. 53-15-121. To the extent that a trustee accounts for receipts from rental property pursuant to this Code section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount. 53-15-122. (a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, must be allocated to income without any provision for amortization of premium. (b) A trustee shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the trustee more than one year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity. If the obligation matures within one year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust must be allocated to income. 662 JOURNAL OF THE SENATE (c) This Code section shall not apply to an obligation to which Code Section 53-15125, 53-15-126, 53-15-127, 53-15-128, 53-15-130, or 53-15-131 applies. 53-15-123. (a) Except as otherwise provided in subsection (b) of this Code section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal. (b) A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to Section 53-15-102, loss of profits from a business. (c) This section does not apply to a contract to which Code Section 53-15-125 applies. 53-15-124. If a trustee determines that an allocation between principal and income required by Code Section 53-15-125, 53-15-126, 53-15-127, 53-15-128, or 53-15-131 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in Code Section 53-15-21 applies to the allocation. Such power may be exercised by a cotrustee in the circumstances described in Code Section 53-15-21 and may be released for the reasons and in the manner described in such Code section. An allocation is presumed to be insubstantial if: (1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or (2) The value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust's assets at the beginning of the accounting period. 53-15-125. (a) As used in this Code section, the term: (1) 'Payment' means a payment that a trustee may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments. Such term includes a payment made in money or property from the payer's general assets or from a separate fund created by the payer. Such term also includes any payment from a separate fund, regardless of the reason for the payment. (2) 'Separate fund' includes a private or commercial annuity, an individual retirement account, and a pension, profit-sharing, stock-bonus, or stock-ownership plan. (b) To the extent that a payment is characterized as interest or a dividend or a payment made in lieu of interest or a dividend, a trustee shall allocate it to income. The trustee WEDNESDAY, MARCH 4, 2009 663 shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend, or an equivalent payment. (c) If no part of a payment is characterized as interest, a dividend, or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income 10 percent of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal. For purposes of this subsection, a payment is not required to be made to the extent that it is made because the trustee exercises a right of withdrawal. (d) Except as otherwise provided in subsection (e) of this Code section, subsections (f) and (g) of this Code section apply, and subsections (b) and (c) of this Code section do not apply, in determining the allocation of a payment made from a separate fund to: (1) A trust to which an election to qualify for a marital deduction under Section 2056(b)(7) of the federal Internal Revenue Code of 1986 has been made; or (2) A trust that qualifies for the marital deduction under Section 2056(b)(5) of the federal Internal Revenue Code of 1986. (e) Subsections (d), (f), and (g) of this Code section do not apply if and to the extent that the series of payments would, without the application of subsection (d) of this Code section, qualify for the marital deduction under Section 2056(b)(7)(C) of the federal Internal Revenue Code of 1986. (f) A trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to this act. Upon request of the surviving spouse, the trustee shall demand of the person administering the separate fund that this internal income be distributed to the trust. The trustee shall allocate a payment from the separate fund to income to the extent of the internal income of the separate fund and distribute that amount to the surviving spouse. The trustee shall allocate the balance to principal. Upon request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period. (g) If a trustee cannot determine the internal income of a separate fund but can determine the value of the separate fund, the internal income of the separate fund is deemed to equal to 4 percent of the fund's value, according to the most recent statement of value preceding the beginning of the accounting period. If the trustee can determine neither the internal income of the separate fund nor the fund's value, the internal income of the fund is deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under Section 7520 of the federal Internal Revenue Code of 1986 for the month preceding the accounting period for which the computation is made. (h) This Code section shall not apply to payments to which Code Section 53-15-126 applies. 664 JOURNAL OF THE SENATE 53-15-126. (a) As used in this Code section, the term 'liquidating asset' means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. Such term includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. Such term does not include a payment subject to Code Section 53-15-125, resources subject to Code Section 53-15-127, timber subject to Code Section 53-15-128, an activity subject to Code Section 53-15-130, an asset subject to Code Section 53-15-131, or any asset for which the trustee establishes a reserve for depreciation under Section 53-15-152. (b) A trustee shall allocate to income 10 percent of the receipts from a liquidating asset and the balance to principal. 53-15-127. (a) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this Code section, the trustee shall allocate them as follows: (1) If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income; (2) If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal; (3) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus, or delay rental is more than nominal, 90 percent must be allocated to principal and the balance to income; and (4) If an amount is received from a working interest or any other interest not provided for in paragraph (1), (2), or (3) of this Code section, 90 percent of the net amount received must be allocated to principal and the balance to income. (b) An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, 90 percent of the amount must be allocated to principal and the balance to income. (c) This Code section applies whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust. (d) If a trust owns an interest in minerals, water, or other natural resources on July 1, 2009, the trustee may allocate receipts from the interest as provided in this Code section or in the manner used by the trustee before July 1, 2009. If the trust acquires an interest in minerals, water, or other natural resources after July 1, 2009, the trustee shall allocate receipts from the interest as provided in this Code section. 53-15-128. (a) To the extent that a trustee accounts for receipts from the sale of timber and related WEDNESDAY, MARCH 4, 2009 665 products pursuant to this Code section, the trustee shall allocate the net receipts: (1) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest; (2) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber; (3) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in paragraphs (1) and (2) of this subsection; or (4) To principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to paragraph (1), (2), or (3) of this subsection. (b) In determining net receipts to be allocated pursuant to subsection (a) of this Code section, a trustee shall deduct and transfer to principal a reasonable amount for depletion. (c) This Code section shall apply whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust. (d) If a trust owns an interest in timberland on July 1, 2009, the trustee may allocate net receipts from the sale of timber and related products as provided in this Code section or in the manner used by the trustee before July 1, 2009. If the trust acquires an interest in timberland after July 1, 2009, the trustee shall allocate net receipts from the sale of timber and related products as provided in this Code section. 53-15-129. (a) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under Code Section 53-15-21 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by Code Section 53-15-21. The trustee may decide which action or combination of actions to take. (b) In cases not governed by subsection (a) of this Code section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period. 53-15-130. (a) As used in this Code section, the term 'derivative' means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or 666 JOURNAL OF THE SENATE other market indicator for an asset or a group of assets. (b) To the extent that a trustee does not account under Code Section 53-13-102 for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions. (c) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option must be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, must be allocated to principal. 53-15-131. (a) As used in this Code section, the term 'asset-backed security' means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. Such term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. Such term does not include an asset to which Code Section 53-15-100 or 53-15125 applies. (b) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal. (c) If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate 10 percent of the payment to income and the balance to principal. ARTICLE 5 53-15-150. (a) A trustee shall make the following disbursements from income: (1) One-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee; (2) One-half of all court costs, attorney's fees, and other fees and expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests; (3) All of the other ordinary expenses incurred in connection with the administration, WEDNESDAY, MARCH 4, 2009 667 management, or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and court costs, attorney's fees, and other fees and expenses of a proceeding or other matter that concerns primarily the income interest; and (4) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset. (b) Any of the above disbursements made in connection with judicial proceedings may be varied by the order of the court. (c) All other disbursements shall be made from principal. 53-15-151. (a) A trustee shall make the following disbursements from principal: (1) The remaining one-half of the disbursements described in paragraphs (1) and (2) of subsection (a) of Code Section 53-15-156; (2) All of the trustee's compensation calculated on principal as a fee for acceptance, distribution, or termination, and disbursements made to prepare property for sale; (3) Payments on the principal of a trust debt; (4) Court costs, attorney's fees, and other fees and expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property; (5) Premiums paid on a policy of insurance not described in Section 501(4) of the federal Internal Revenue Code of 1986, of which the trust is the owner and beneficiary; (6) Estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and (7) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters. (b) Any of the above disbursements provided for in subsection (a) of this Code section made in connection with judicial proceedings may be varied by the order of the court. (c) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation. 53-15-152. (a) As used in this Code section, the term 'depreciation' means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful 668 JOURNAL OF THE SENATE life of more than one year. (b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation but may not transfer any amount for depreciation: (1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; (2) During the administration of a decedent's estate; or (3) Under this Code section if the trustee is accounting under Section 403 of the federal Internal Revenue Code of 1986 for the business or activity in which the asset is used. (c) An amount transferred to principal need not be held as a separate fund. 53-15-153. Wherever a charge that is properly allocable to income has been made or is expected to be made from principal because of the unusually large nature of the charge or otherwise, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements. 53-15-154. (a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income. (b) A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority. (c) A tax required to be paid by a trustee on the trust's share of an entity's taxable income shall be paid: (1) From income to the extent that receipts from the entity are allocated only to income; (2) From principal to the extent that receipts from the entity are allocated only to principal; (3) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and (4) From principal to the extent that the tax exceeds the total receipts from the entity. (d) After applying subsections (a) through (c) of this Code section, the trustee must adjust income or principal receipts to the extent that its taxes are reduced because it receives a deduction for payments made to a beneficiary. 53-15-155. (a) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from: (1) Elections and decisions, other than those described in subsection (b) of this Code section, that the fiduciary makes from time to time regarding tax matters; WEDNESDAY, MARCH 4, 2009 669 (2) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or (3) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust, or a beneficiary. (b) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust, or beneficiary are decreased, each estate, trust, or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust, or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income." SECTION 6. Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restrictions on corporate fiduciaries, is amended by revising subsection (a) as follows: "(a) No corporation, partnership, or other business association entity may lawfully act as a fiduciary in this state except: (1) A financial institution authorized to act in such capacity pursuant to the provisions of Georgia law; (2) A trust company; (3) A national bank or a state bank lawfully doing a banking business in this state and authorized to act as a fiduciary under the laws of the United States or another state; (4) A savings bank or savings and loan association lawfully doing a banking business in this state and authorized to act as a fiduciary under the laws of the United States or another state; (5) Attorneys at law licensed to practice in this state, whether incorporated organized as a professional corporation or otherwise; (6) An investment adviser registered pursuant to the provisions of 15 U.S.C. Section 80b-3 or 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 Title 29, relating to guardianships and conservatorships; or (7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Chapter 5 of Title 10 acting in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities; or (8) A nonprofit corporation." 670 JOURNAL OF THE SENATE SECTION 7. 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Mullis Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Sims N Smith Y Staton Y Stoner Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S E Tolleson Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 1. SB 131, having received the requisite constitutional majority, was passed by substitute. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. SB 136. By Senators Douglas of the 17th, Rogers of the 21st, Chance of the 16th, Staton of the 18th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to penal institutions, so as to require the Department of Corrections and the State Board WEDNESDAY, MARCH 4, 2009 671 of Pardons and Paroles to participate in the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program or similar federal deportation program; to provide for conditions of parole; to amend Code Section 42-9-43.1 of the Official Code of Georgia Annotated, relating to citizenship status of a prisoner and deportation, so as to authorize conditional deportation parole release; 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 136: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to penal institutions, so as to require the Department of Corrections and the State Board of Pardons and Paroles to participate in the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program or similar federal deportation program; to provide for legislative intent; to provide for parole release conditioned on deportation; to provide for an expedited procedure for the deportation of certain alien prisoners; to provide for waiver of a violator's extradition; to provide for conditions of parole; to provide for parole revocation for a violation of parole conditions or United States immigration laws; to amend Code Section 42-9-43.1 of the Official Code of Georgia Annotated, relating to citizenship status of a prisoner and deportation, so as to authorize conditional deportation parole release; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. It is the intent of the General Assembly to ensure that aliens subject to deportation are not released from prison into the Georgia community. It is further the intent of this legislative body to reduce the costs and expenses of operating state prisons by reducing the number of criminal aliens incarcerated in the Georgia penal system and expedite the deportation process of such prisoners. Moreover, Georgia should adopt a procedure for the rearrest and revocation of parole of any criminal alien who reenters the United States in violation of a parole conditioned on deportation. Therefore, state agencies are hereby required to take part in Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program funded and operated by the United States government and shall take all measures to fully cooperate and communicate with state, local, and federal agencies for the implementation of such program. 672 JOURNAL OF THE SENATE SECTION 2. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, is amended by adding a new Code section to read as follows: "42-1-11.1. (a) As used in this Code section, the term: (1) 'Department' means the Department of Corrections. (2) 'Board' means the State Board of Pardons and Paroles. (b) The department and board shall establish a process and agreements among multiple state, local, and federal agencies for the implementation of the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program or similar federal program, by whatever name, for the purpose of deporting aliens in the state prison system who are eligible for deportation. (c) The department shall include as a part of the prisoner intake process a procedure to identify aliens eligible for deportation. The identity and information regarding aliens eligible for deportation shall be provided expeditiously to the board. The board shall then consider such inmate for a parole conditioned on deportation. Alien prisoners who would otherwise be ineligible for parole shall not become eligible by reason of eligibility for deportation. (d) The department shall coordinate with the federal authorities to determine immigration status and eligibility for removal. Upon acceptance into the federal deportation program, the board shall establish a tentative release date for the alien to be transferred into federal custody. Following approval for conditional deportation parole from the board, the department shall obtain the final removal order. (e) No tentative parole release date based on a parole conditioned on deportation shall be set until the prisoner is otherwise eligible for parole. No tentative parole release date shall be set for any date prior to the effective date of a final deportation removal order. (f) The board shall provide notice and obtain acknowledgment in writing that notice was given to each alien who is eligible for parole conditioned on deportation that illegal reentry into the United States shall require the return of such alien to the custody of the department to complete the remainder of his or her court-imposed sentence. Prior to granting parole conditioned on deportation, the alien must also waive in writing all rights of extradition and right to a parole revocation hearing which would challenge the alien's parole revocation and return to the department to complete the remainder of his or her sentence in the event such alien violates a condition of parole or any immigration law. Any such alien who is convicted of an offense in this state after returning to this country shall serve the entire sentence without parole. (g) An alien prisoner may not under any circumstances receive the benefit of parole conditioned on deportation if the federal authorities determine that the alien's removal is not reasonably foreseeable. (h) The department shall maintain exclusive control and responsibility for the custody and transportation of alien prisoners to and from federal facilities." WEDNESDAY, MARCH 4, 2009 673 SECTION 3. Code Section 42-9-43.1 of the Official Code of Georgia Annotated, relating to citizenship status of a prisoner and deportation, is amended as follows: "42-9-43.1. (a) In determining whether to grant parole the board shall be authorized to make inquiry into whether the prisoner is lawfully present in the United States under federal law. (b) If the board determines that the prisoner is not lawfully present in the United States, the board shall be authorized to make inquiry into whether the prisoner would be legally subject to deportation from the United States while on parole. (c) If the board determines that the prisoner would be legally subject to deportation from the United States while on parole, the board may: (1) Consider the interest of the state in securing certain and complete execution of its judicial sentences in criminal cases; (2) Be authorized to consider the likelihood that deportation may intervene to frustrate that state interest if parole is granted; and (3) Where appropriate, be authorized to decline to grant parole in furtherance of the state interest in certain and complete execution of sentences. (d) Any grant of parole to an alien prisoner who is subject to deportation shall be conditioned upon the deportation of such prisoner pursuant to a final removal order and a further condition that such prisoner abide by the deportation order and all immigration laws of the United States." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Douglas of the 17th, Rogers of the 21st and Thompson of the 5th offered the following amendment #1 to the committee substitute: Amend the Senate Veterans, Military and Homeland Security Committee substitute to SB 136 (LC 21 0347S) by striking line 49 and inserting in lieu thereof the following: department shall obtain the final removal order. No tentative parole release date shall be set for any date prior to the effective date of a final deportation removal order. By striking line 57 and inserting in lieu thereof the following: conditioned on deportation, the alien must also make a knowing, voluntary, and intelligent waiver in writing of all rights of extradition and By striking line 60 and inserting in lieu thereof the following: alien violates a condition of parole. Any such alien who is By inserting at the end of line 61 the following: remainder of his or her 674 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Douglas 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 Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell Y Ramsey N Reed On the passage of the bill, the yeas were 45, nays 6. Y Rogers E Seabaugh N Seay Y Shafer Sims Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Y Wiles Y Williams SB 136, having received the requisite constitutional majority, was passed by substitute. SB 141. By Senator Hamrick of the 30th: A BILL to be entitled an Act to change provisions relating to foreclosures and deficiency judgements; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to provide for filing documents when a deficiency judgment is sought; to amend Article 7 WEDNESDAY, MARCH 4, 2009 675 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to provide for recording of documents relating to sales under power and deficiency judgments; 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 141: A BILL TO BE ENTITLED AN ACT To change provisions relating to foreclosures and deficiency judgements; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to provide for filing documents when a deficiency judgment is sought; to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to provide for recording of documents relating to sales under power and deficiency judgments; to provide for notice of foreclosure; 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 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, is amended by adding new subsections to read as follows: "(p) Unless the purchaser cannot file the deed under power due to a legal action having been filed that prevents or delays the filing of the deed under power, additional sums for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract or, in the event a deficiency judgment is sought, more than 30 days following the date of confirmation of the sale, whichever is later, shall be as follows: (1) Filing a deed under power more than 30 days but less than 60 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract or, in the event a deficiency judgment is sought, more than 30 days but less than 60 days following the date of confirmation of sale, whichever is later . . . . . . . . . $250.00 (2) Filing a deed under power more than 60 days but less than 90 676 JOURNAL OF THE SENATE days following the exercise of a power of sale in a mortgage, security deed, or other lien contract or, in the event a deficiency judgment is sought, more than 60 days but less than 90 days following the date of confirmation of sale, whichever is later . . . . . . . . . $500.00 (3) Filing a deed under power more than 90 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract or, in the event a deficiency judgment is sought, more than 90 days following the date of confirmation of sale, whichever is later . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,000.00 (q) The sums provided for in subsection (p) of this Code section shall be assessed and collected by the clerks of the superior courts and shall be paid monthly: (1) To the governing authority of the county in which such property is located, if such property is located in the unincorporated area of the county, for use in code enforcement, public safety, or community development purposes; or (2) To the governing authority of the municipality in which such property is located, if such property is located within municipal limits, for use in code enforcement, public safety, or community development purposes. Such funds shall be paid in addition to rather than in lieu of any other such funds. The court officer charged with the duty of collecting moneys required by subsection (p) of this Code section shall receive and distribute the funds collected to the appropriate local governing authority by the last day of the month after the month in which the funds are received; provided, however, that the court officer shall be authorized to retain an amount not to exceed 1 percent of such funds for the purposes of defraying the costs of administration. The court officer shall submit a monthly report of the collection and distribution of such funds to the Georgia Superior Court Clerks' Cooperative Authority." SECTION 2. Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, is amended by revising Code Section 44-14-160, relating to recording of foreclosure and deed under power and notations of sale in records, as follows: "44-14-160. When the holder of a deed to secure debt or a mortgage forecloses the same and sells the real property thereby secured under the laws of this state governing foreclosures and sales under power and the purchaser thereof presents to the clerk of the superior court his or her deed under power to have the same recorded, the clerk shall write in the margin of the page where the deed to secure debt or mortgage foreclosed upon is recorded the word 'foreclosed' and the deed book and page number on which is recorded the deed under power conveying the real property; provided, however, that, in counties where the clerk keeps the records affecting real estate on microfilm, the notation provided for in this Code section shall be made in the same manner in the WEDNESDAY, MARCH 4, 2009 677 index or other place where the clerk records transfers and cancellations of deeds to secure debt. Unless the purchaser cannot file the deed under power due to a legal action having been filed that prevents or delays the filing of the deed under power, the purchaser shall present the deed under power to the clerk of the superior court to have the same recorded no later than 30 days following the date of the exercise of a power of sale in a mortgage, security deed, or other lien contract or, in the event a deficiency judgment is sought, 30 days following the date of confirmation of the sale, whichever is later. Failure to record the deed shall result in a late filing penalty pursuant to subsection (p) of Code Section 15-6-77." SECTION 3. Said article is further amended in Code Section 44-14-162.2, relating to sales made on foreclosures under power of sale, by adding a new subsection to read as follows: "(c) No later than 30 days before the date of a proposed foreclosure, the secured creditor shall send by regular mail addressed to 'Current Resident' at the address of the property a notice in substantially the following form: 'NOTICE A foreclosure notice on the property located at (insert address) will be published in the legal organ for (insert county) advertising the property located at (insert address) for sale on (insert date). A foreclosure sale of the property may occur on the date advertised. You may want to consult with an attorney because you could be evicted, even if you are a tenant who has fully paid rent and complied with your lease.'" SECTION 4. This Act shall become effective on July 1, 2009. 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 Y Brown Y Buckner Y Hawkins Y Heath Y Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer 678 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Butterworth Chance N Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 141, having received the requisite constitutional majority, was passed by substitute. Senator Johnson of the 1st recognized the members of the St. Patrick's Day Parade Committee, Chairman John P. Forbes, and the Grand Marshal of the 2009 St. Patrick's Day Parade, Father Patrick J. O'Brien on the upcoming occasion of the 2009 St. Patrick's Day Parade in Savannah, Georgia, commended by SR 447, adopted previously. Father Patrick J. O'Brien addressed the Senate briefly. The Calendar was resumed. SB 163. By Senators Balfour of the 9th, Harbison of the 15th, Thomas of the 54th and Orrock of the 36th: 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 authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the department to serve as the central repository of diabetes treatment and prevention data; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Smith of the 52nd offered the following amendment #1: Amend SB 163 by deleting on line 16 the word "state" and inserting in lieu thereof the following: "state's departments and agencies". On the adoption of the amendment, there were no objections, and the Smith amendment #1 was adopted. WEDNESDAY, MARCH 4, 2009 679 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 163, having received the requisite constitutional majority, was passed as amended. Senator Harbison of the 15th was excused for business outside the Senate Chamber. 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. SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 680 JOURNAL OF THE SENATE 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 178, having received the requisite constitutional majority, was passed. SR 263. By Senators Unterman of the 45th, Thomas of the 54th, Staton of the 18th, Hawkins of the 49th, Hill of the 32nd and others: A RESOLUTION recognizing the benefits of public health programs in Georgia's local communities; urging the President and Congress of the United States to provide support to strengthen Georgia's public health infrastructure; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. WEDNESDAY, MARCH 4, 2009 681 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 50, nays 0. SR 263, having received the requisite constitutional majority, was adopted. Senator Sims of the 12th was excused for business outside the Senate Chamber. Senator Butterworth of the 50th asked unanimous consent that he be excused from voting on HB 212 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Butterworth was excused. HB 212. By Representatives Burkhalter of the 50th, Keen of the 179th and O`Neal of the 146th: 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 continue for a limited period of time the partial exemption from the state sales and use tax on certain sales or uses of jet fuel; to continue for a limited period of time the exemption from a certain local sales and use tax on certain sales or uses of jet fuel; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Balfour of the 9th. 682 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 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 5, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 212 (LC 18 7931) Dear Chairman O'Neal: This bill would extend the current sales tax exemption for the sales or use of jet fuel by qualifying airlines at airports with in excess of 750,000 takeoffs and landings in a calendar year. Qualifying airlines are authorized by the Federal Aviation Administration or appropriate agency to operate as an air carrier and provide regularly scheduled flights for the transportation of passengers or cargo for hire. The bill would exempt such sales or use from the first 1.8% of the state sales tax rate of 4.0%. It would effectively exempt sales from 1% of the applicable 3% local government combined sales tax rate. This bill extends this exemption to apply to transactions occurring from July 1, 2009, to June 30, 2011. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: When the cost of this exemption was estimated in 2007, annual jet fuel expenditures at affected airports were estimated to equal $1.568 billion. Based on average Georgia jet fuel prices in 2006, the implied volume of jet fuel consumed at affected airports was 787.9 million gallons. Since that time, jet fuel prices skyrocketed but then plummeted. The latest price published by the Energy Information Administration is the lowest jet fuel WEDNESDAY, MARCH 4, 2009 683 has been since early 2005. Thus, it is difficult to estimate the cost of extending this exemption due to the volatility of oil product prices such as jet fuel. For purposes of this estimate, it is assumed that jet fuel prices will equal the 2005 average of $1.72. This anticipates an increase from current levels. Based on holding gallons consumption fixed and the price level assumed, the expected decrease in state sales tax revenues is $24.4 million per fiscal year for FY 2010 and FY 2011. The expected decrease in local sales tax revenue is $13.5 million for each fiscal year. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget Senators Seay of the 34th and Buckner of the 44th offered the following amendment #1: Amend HB 212 (LC 18 7931) by replacing line 13 with the following: occurring on or after July 1, 2007 2009, and prior to July 1, 2009. 2011; provided, however, that during any fiscal year beginning on or after July 1, 2009, and until July 1, 2011, in which the current revenue estimate on which appropriations are based is expected to exceed annual revenues, the jet fuel tax exemption shall be implemented; provided, further, that during any fiscal year beginning on or after July 1, 2009, and until July 1, 2011, in which the current revenue estimate on which appropriations are based is not expected to exceed annual revenues, the jet fuel tax exemption shall not be implemented; Senators Seay of the 34th and Buckner of the 44th offered the following amendment #2: Amend HB 212 (LC 18 7931) by replacing line 13 with the following: occurring on or after July 1, 2007 2009, and prior to July 1, 2009. 2011; provided, however, that during any year in which a qualifying airline lays off or furloughs any employees, or pays bonuses to any of its employees, that qualifying airline shall not be eligible to receive the jet fuel tax exemption provided for in this paragraph; Senator Seay of the 34th asked unanimous consent that her amendments be withdrawn. The consent was granted, and the Seay, Buckner amendments #1 and #2 were 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: 684 JOURNAL OF THE SENATE Y Adelman Y Balfour N Brown Y Buckner Y Bulloch Y Butler E Butterworth Y Chance N Chapman N Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 47, nays 5. Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams HB 212, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st moved that the Senate adjourn until 1:00 p.m. Thursday, March 5, 2009. The motion prevailed, and the President announced the Senate adjourned at 12:17 p.m. THURSDAY, MARCH 5, 2009 685 Senate Chamber, Atlanta, Georgia Thursday, March 5, 2009 Twenty-seventh 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 committee report was read by the Secretary: Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 452 Do Pass as amended Respectfully submitted, Senator Balfour of the 9th District, Chairman 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 45. By Representatives Mills of the 25th and Williams of the 4th: 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 persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of proof of citizenship; to provide for retention of such information; to provide for related matters; to repeal conflicting laws; and for other purposes. 686 JOURNAL OF THE SENATE HB 86. HB 127. HB 145. HB 220. HB 221. By Representatives Millar of the 79th, Smith of the 70th, Lindsey of the 54th, Teilhet of the 40th and Buckner of the 130th: 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 provide that returns of absentee ballots shall be made by precinct; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the federal Electronic Signatures in Global and National Commerce Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Lindsey of the 54th: 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 a definition; to correct cross-references and clarify certain provisions of the Code section; to revise and clarify provisions relating to the low income deviation; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, so as to provide a uniform time for issuing orders on motions; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd: A BILL to be entitled an Act to amend Chapter 6 of Title 9 of the Official THURSDAY, MARCH 5, 2009 687 HB 226. HB 235. HB 280. HB 302. Code of Georgia Annotated, relating to extraordinary writs, so as to provide that no writ of mandamus or writ of prohibition to compel the removal of a superior court judge shall issue where no motion to recuse has been filed in a timely manner or where a motion to recuse has been denied; to repeal conflicting laws; and for other purposes. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Black of the 174th, Sellier of the 136th and others: A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 171st and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules compilation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Coleman of the 97th, Ramsey of the 72nd, Cole of the 125th, Pruett of the 144th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide for additional compensation for teachers in mathematics or science under certain conditions; to provide for standards for mathematics and science endorsements; to remove the sunset provision from the Georgia Master Teacher Program; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hamilton of the 23rd, Collins of the 27th, Loudermilk of the 14th, Amerson of the 9th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of 688 JOURNAL OF THE SENATE HB 330. HB 371. HB 422. HB 436. the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to change the requirements to be met prior to a telecommunications company charging a customer for any service provided by a third party; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Knox of the 24th, Marin of the 96th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to service of decisions of an administrative law judge and decisions of the appellate division; to provide that an employee's waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation; to provide that final settlement payments are to be paid by the employer to a person or corporation appointed by the superior court in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Ehrhart of the 36th: 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 for an increase in allowable retirement system fund investment in equities to 75 percent; to change the definition of the term "large retirement system" for purposes of enhanced investment authority; to repeal conflicting laws; and for other purposes. By Representatives Cooper of the 41st, Parsons of the 42nd, Manning of the 32nd, Wix of the 33rd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to negotiating railroad crossings and entering highways from private driveways, so as to authorize local governments by ordinance or resolution to authorize the operation of bicycles on sidewalks within the jurisdiction of such local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Title 50 of the Official Code of THURSDAY, MARCH 5, 2009 689 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 provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 565. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 242. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Wiles of the 37th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 21-5-30.2 of the Official Code of Georgia Annotated, which prohibits campaign contributions by public agencies, so as to prohibit public agencies from withholding of dues, contributions, or other amounts from the wages or salary of their employees where any part of any amount withheld will be used to make campaign contributions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 243. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Wiles of the 37th and Hill of the 32nd: 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 regarding the lottery for education, so as to provide for certain prerequisites 690 JOURNAL OF THE SENATE prior to employees of the Georgia Lottery Corporation receiving certain types of compensation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 245. By Senators Thomas of the 54th, Hawkins of the 49th, Unterman of the 45th, Goggans of the 7th and Moody of the 56th: 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 regarding insurance generally, so as to require that a health benefit plan that provides coverage for cancer chemotherapy shall provide coverage for orally administered cancer medication; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 246. By Senators Balfour of the 9th, Hawkins of the 49th, Unterman of the 45th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention, so as to provide notice of the release of a child from detention under certain circumstances; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 247. By Senators Orrock of the 36th, Douglas of the 17th, Moody of the 56th, Jones of the 10th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title THURSDAY, MARCH 5, 2009 691 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 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 248. By Senators Shafer of the 48th, Chance of the 16th and Douglas of the 17th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, so as to 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, IV, or V controlled substances by the Georgia State Board of Pharmacy; to provide for the confidentiality of submitted information except under certain circumstances; to authorize the Georgia Drugs and Narcotics Agency to contract for services relating to the program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 249. By Senator Tarver of the 22nd: A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to change the nonbankruptcy exemptions from levy and sale; to change certain provisions relating to the exemption from bankruptcy for residences and burial plots; to change the amounts of certain property exemptions; to amend certain references; to change certain domicile requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 250. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to prohibited acts relating to public schools, so as to revise provisions relating to unlawful disruption of or interference with the operation of public schools or public school buses; to 692 JOURNAL OF THE SENATE provide that a mental state of knowledge, intention, or recklessness shall be an element of such offense; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 251. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issuance of tax executions, so as to change certain provisions regarding collection of costs, commissions, interest, and penalties; to provide for execution costs; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 252. By Senators Thomas of the 54th, Goggans of the 7th, Mullis of the 53rd, Unterman of the 45th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and others, so as to provide for the certification of polysomnographic technologists; to provide a short title; to provide legislative findings; to provide for definitions; to provide for applications to be made to the Composite State Board of Medical Examiners to obtain certification to practice polysomnography; to provide for powers and duties of the board; to provide for certification standards and requirements; to provide for the issuance and renewal of certification; to provide for permitted and prohibited activities; 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 253. By Senators Mullis of the 53rd and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 25-10-1 of the Official Code of Georgia Annotated, relating to definitions relative to the regulation of fireworks, so as to provide a definition of the term 'indoors'; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. THURSDAY, MARCH 5, 2009 693 SR 503. By Senators Shafer of the 48th, Hudgens of the 47th, Hill of the 32nd, Pearson of the 51st, Smith of the 52nd and others: A RESOLUTION urging the United States Congress to adopt the Fair Tax Act; and for other purposes. Referred to the Finance Committee. SR 505. By Senator Adelman of the 42nd: A RESOLUTION urging the United States Congress to eliminate the 24 month waiting period for participants in Social Security Disability Insurance; and for other purposes. Referred to the Health and Human Services Committee. SR 506. By Senator Unterman of the 45th: A RESOLUTION creating the Senate Study Committee on Mental Health Continuum Care; and for other purposes. Referred to the Health and Human Services Committee. SR 507. By Senator Chapman of the 3rd: A RESOLUTION celebrating the life of James H. "Jimmy" Middleton and dedicating a road in his memory; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 45. By Representatives Mills of the 25th and Williams of the 4th: 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 persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of proof of citizenship; to provide for retention of such information; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. 694 JOURNAL OF THE SENATE HB 86. By Representatives Millar of the 79th, Smith of the 70th, Lindsey of the 54th, Teilhet of the 40th and Buckner of the 130th: 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 provide that returns of absentee ballots shall be made by precinct; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 127. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the federal Electronic Signatures in Global and National Commerce Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 145. By Representative Lindsey of the 54th: 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 a definition; to correct cross-references and clarify certain provisions of the Code section; to revise and clarify provisions relating to the low income deviation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 220. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, so as to provide a uniform time for issuing orders on motions; THURSDAY, MARCH 5, 2009 695 to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 221. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd: A BILL to be entitled an Act to amend Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, so as to provide that no writ of mandamus or writ of prohibition to compel the removal of a superior court judge shall issue where no motion to recuse has been filed in a timely manner or where a motion to recuse has been denied; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 226. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Black of the 174th, Sellier of the 136th and others: A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. HB 235. By Representatives Powell of the 171st and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules compilation; 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 280. By Representatives Coleman of the 97th, Ramsey of the 72nd, Cole of the 125th, Pruett of the 144th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Part 6 of Article 6 of Chapter 2 of Title 696 JOURNAL OF THE SENATE 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide for additional compensation for teachers in mathematics or science under certain conditions; to provide for standards for mathematics and science endorsements; to remove the sunset provision from the Georgia Master Teacher Program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 302. By Representatives Hamilton of the 23rd, Collins of the 27th, Loudermilk of the 14th, Amerson of the 9th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to change the requirements to be met prior to a telecommunications company charging a customer for any service provided by a third party; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 330. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Knox of the 24th, Marin of the 96th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to service of decisions of an administrative law judge and decisions of the appellate division; to provide that an employee's waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation; to provide that final settlement payments are to be paid by the employer to a person or corporation appointed by the superior court in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 371. By Representative Ehrhart of the 36th: 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 for an increase in allowable retirement system fund investment in equities to 75 percent; to THURSDAY, MARCH 5, 2009 697 change the definition of the term "large retirement system" for purposes of enhanced investment authority; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 422. By Representatives Cooper of the 41st, Parsons of the 42nd, Manning of the 32nd, Wix of the 33rd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to negotiating railroad crossings and entering highways from private driveways, so as to authorize local governments by ordinance or resolution to authorize the operation of bicycles on sidewalks within the jurisdiction of such local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 436. By Representative Parsons of the 42nd: 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 provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Science and Technology 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 427 Do Pass SB 226 Do Pass 698 JOURNAL OF THE SENATE 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 229 SB 160 SB 210 SB 239 Do Pass Do Pass Do Pass Do Pass by substitute SR 464 SR 465 SR 466 Do Pass Do Pass 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 100 SB 25 SB 77 Do Pass Do Pass by substitute Do Pass SB 91 SB 167 SR 453 Do Pass by substitute Do Pass Do Pass by substitute Respectfully submitted, Senator Chance of the 16th 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 44 Do Pass by substitute SB 118 Do Pass SB 170 Do Pass SB 223 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following THURSDAY, MARCH 5, 2009 699 legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 49 SB 201 SR 57 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 231 SB 238 SR 422 Do Pass Do Pass Do Pass Respectfully submitted, Senator Harp of the 29th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 125 SB 182 Do Pass by substitute Do Pass by substitute 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 99 SB 203 SB 228 Do Pass by substitute Do Pass by substitute Do Pass SB 229 Do Pass by substitute SR 433 Do Pass 700 JOURNAL OF THE SENATE 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: SB 56 SB 180 SB 218 Do Pass by substitute Do Pass by substitute 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 231 SB 28 SB 82 SB 162 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass SB 192 SB 195 SB 233 SR 402 Do Pass by substitute Do Pass by substitute Do Pass 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 190 Do Pass HB 320 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 THURSDAY, MARCH 5, 2009 701 instructed me to report the same back to the Senate with the following recommendation: SB 27 SR 327 Do Pass by substitute Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 7 Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The State and Local Governmental Operations (General) 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 188 SB 211 Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th 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 212 Do Pass SR 176 Do Pass by substitute SR 295 Do Pass SR 431 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman 702 JOURNAL OF THE SENATE 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 216 Do Pass by substitute Respectfully submitted, Senator Douglas of the 17th District, Chairman The following legislation was read the second time: HB 343 SB 67 SB 108 SB 127 SB 153 SB 196 SB 199 SB 207 SB 213 Senator Golden of the 8th was excused for business outside the Senate Chamber. Senator Buckner of the 44th 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 Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Golden (Excused) Ramsey (Excused) THURSDAY, MARCH 5, 2009 703 The members pledged allegiance to the flag. Senator Henson of the 41st introduced the chaplain of the day, Reverend Karen Bennett of Lithonia, Georgia, who offered scripture reading and prayer. Senator Tate of the 38th introduced the doctor of the day, Dr. Maria A. Schiaffino. The following resolutions were read and adopted: SR 482. By Senator Bulloch of the 11th: A RESOLUTION congratulating Joni Elizabeth Bulloch and John Christopher Haid; and for other purposes. SR 483. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending Marx Reid Gaines IV; and for other purposes. SR 484. By Senators Tolleson of the 20th, Hooks of the 14th, Grant of the 25th, Harp of the 29th, Thompson of the 33rd and others: A RESOLUTION recognizing March 12, 2009, as Georgia State Parks and Historic Sites Day at the state capitol; and for other purposes. SR 485. By Senators Hamrick of the 30th, Williams of the 19th, Rogers of the 21st and Golden of the 8th: A RESOLUTION recognizing and celebrating the 100th anniversary of credit unions in the United States of America and the 75th anniversary of the Georgia Credit Union League; and for other purposes. SR 486. By Senators Rogers of the 21st, Grant of the 25th, Chance of the 16th and Tolleson of the 20th: A RESOLUTION commending the Georgia Institute of Technology and celebrating 100 years of architectural education at Georgia Tech; and for other purposes. 704 JOURNAL OF THE SENATE SR 487. By Senators Ramsey, Sr. of the 43rd, Buckner of the 44th, Tarver of the 22nd, Powell of the 23rd, Thomas of the 54th and others: A RESOLUTION commending the Georgia Statewide Coalition on Blindness; and for other purposes. SR 488. By Senators Henson of the 41st, Butler of the 55th, Ramsey, Sr. of the 43rd, Buckner of the 44th and Weber of the 40th: A RESOLUTION commending the General Federation of Women's Clubs and recognizing April 24, 2009, as General Federation of Women's Clubs Day at the state capitol; and for other purposes. SR 489. By Senators Grant of the 25th, Douglas of the 17th and Johnson of the 1st: A RESOLUTION recognizing and commending Antioch Baptist Church on the occasion of its bicentennial; and for other purposes. SR 490. By Senator Jones of the 10th: A RESOLUTION recognizing and commending Mrs. Jerelean D. "Jeri" Thorton on the occasion of her retirement; and for other purposes. SR 491. By Senators Jones of the 10th and Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Bishop Eddie L. Long; and for other purposes. SR 492. By Senator Pearson of the 51st: A RESOLUTION commending Judy Austin, North Forsyth High School's 2009 STAR Teacher; and for other purposes. SR 493. By Senator Pearson of the 51st: A RESOLUTION commending Valerie Kaye, Forsyth Central High School's 2009 STAR Teacher; and for other purposes. THURSDAY, MARCH 5, 2009 705 SR 494. By Senator Pearson of the 51st: A RESOLUTION commending Melissa Terry, Fannin County High School's 2009 STAR Teacher; and for other purposes. SR 495. By Senator Pearson of the 51st: A RESOLUTION commending Laureen Batchelor, Union County High School's 2009 STAR Teacher; and for other purposes. SR 496. By Senator Pearson of the 51st: A RESOLUTION commending Michael Hill, White County High School's 2009 STAR Teacher; and for other purposes. SR 497. By Senator Pearson of the 51st: A RESOLUTION commending Keith Petty, Pickens High School's 2009 STAR Teacher; and for other purposes. SR 498. By Senator Pearson of the 51st: A RESOLUTION commending Michael Aderhold, West Forsyth High School's 2009 STAR Teacher; and for other purposes. SR 499. By Senator Pearson of the 51st: A RESOLUTION commending Hugh F. Canterbury, Jr., South Forsyth High School's 2009 STAR Teacher; and for other purposes. SR 500. By Senator Pearson of the 51st: A RESOLUTION commending Robert Becker, Gilmer High School's 2009 STAR Teacher; and for other purposes. 706 JOURNAL OF THE SENATE SR 501. By Senator Pearson of the 51st: A RESOLUTION commending Arron Haynes, Dawson County High School's 2009 STAR Teacher; and for other purposes. SR 502. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION commending Tyler Ondrea Jones, Mount Zion High School's 2009 STAR Student, and Lynette Swint, Mount Zion High School's 2009 STAR Teacher; and for other purposes. SR 504. By Senators Orrock of the 36th, Reed of the 35th, Jones of the 10th, Tate of the 38th, Fort of the 39th and others: A RESOLUTION recognizing and commending Ebenezer Baptist Church in Atlanta, Georgia; and for other purposes. Senator Brown of the 26th recognized and honored the life and memory of Dr. Harold C. Johnson, commended by SR 401, adopted previously. Dr. Violet Whitby Johnson addressed the Senate briefly. Senator Hill of the 32nd was excused for business outside the Senate Chamber. SB 128 SB 144 SB 152 HB 118 SENATE RULES CALENDAR THURSDAY, MARCH 5, 2009 TWENTY-SEVENTH LEGISLATIVE DAY Motor Vehicles; option of owner; permanent license plates for boat, utility, noncommercial cattle/livestock trailers; provide for fees (FIN-48th) Insurance Agent License; applicant shall be appointed by an authorized insurer prior to issuance of the license; repeal requirement (Substitute) (I&L-48th) Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting (AG&CA-11th) Supplemental appropriations; State Fiscal Year July 1, 2008 - June 30, 2009 (Substitute)(APPROP-4th) Richardson-19th THURSDAY, MARCH 5, 2009 707 SB 194 SB 198 SB 200 SB 206 SR 291 SR 304 State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee (Substitute)(FIN-16th) Natural Resources; provide costs to be covered by fee; compliance with state/federal clean air laws (NR&E-20th) Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority (Substitute)(TRANS-19th) Governor; require tax expenditure reviews as part of budget report; provide for definition (APPROP-7th) National Childhood Brain Tumor Prevention Network Act; urge President/U.S. Congress to support legislative efforts to enact (H&HS-54th) U.S. Fish/Wildlife Service; urged to conduct further scientific study in the Etowah River Basin; perform mandatory five-year review (NR&E-51st) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee Pursuant to Senate Rule 4-2.4(b), the following legislation was read the third time and put upon its passage: HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II). Senate Sponsor: Senator Hill of the 4th. 708 JOURNAL OF THE SENATE SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B.118 A BILL TO BE ENTITLED AN ACT To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No.705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, 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, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No. 705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, 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, 2008, and ending June 30, 2009: HB 118 Governor Gov Rev House SAC 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 American Recovery and Reinvestment Act of 2009 CCDF Mandatory & Matching Funds CFDA93.596 $19,203,246,010 $18,903,699,531 $18,903,699,531 $18,903,699,531 $16,947,247,607 $16,647,701,128 $16,647,701,128 $16,647,701,128 $187,278,126 $187,278,126 $187,278,126 $187,278,126 $1,027,529,868 $1,027,529,868 $1,027,529,868 $1,027,529,868 $880,152,075 $880,152,075 $880,152,075 $880,152,075 $159,069,341 $159,069,341 $159,069,341 $159,069,341 $1,968,993 $1,968,993 $1,968,993 $1,968,993 $10,957,848,647 $11,423,120,778 $11,578,354,930 $11,586,288,901 $145,317,456 $145,317,456 $94,424,439 $94,424,439 $94,424,439 $94,424,439 THURSDAY, MARCH 5, 2009 709 Child Care & Development Block Grant CFDA93.575 $88,380,653 Community Mental Health Services Block Grant CFDA93.958 $13,130,623 Community Services Block Grant CFDA93.569 $17,191,338 Federal Funds Not Itemized $3,281,868,064 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,242,517,438 Foster Care Title IV-E CFDA93.658 $80,440,913 Low-Income Home Energy Assistance CFDA93.568 $24,910,040 Maternal & Child Health Services Block Grant CFDA93.994 $20,877,386 Medical Assistance Program CFDA93.778 $5,280,684,829 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $59,700,314 Preventive Health & Health Services Block Grant CFDA93.991 $4,404,431 Social Services Block Grant CFDA93.667 $54,993,799 State Children's Insurance Program CFDA93.767 $253,038,815 Temporary Assistance for Needy Families $372,376,209 Temporary Assistance for Needy Families Grant CFDA93.558 $346,576,209 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 TANF Unobligated Balance per 42 USC 604 $68,909,356 TOTAL AGENCY FUNDS $4,485,215,952 Contributions, Donations, and Forfeitures $47,279,570 TANF Maintenance-of-Effort from External Sources $28,000,000 Contributions, Donations, and Forfeitures Not Itemized $19,279,570 Reserved Fund Balances $345,356,902 Reserved Fund Balances Not Itemized $345,356,902 Interest and Investment Income $5,062,984 Interest and Investment Income Not Itemized $5,062,984 Intergovernmental Transfers $1,982,715,832 Hospital Authorities $214,057,828 Intergovernmental Transfers Not Itemized $1,768,658,004 Rebates, Refunds, and Reimbursements $95,631,411 Rebates, Refunds, and Reimbursements Not Itemized $95,631,411 Royalties and Rents $6,441,003 Royalties and Rents Not Itemized $6,441,003 Sales and Services $2,001,438,653 $88,380,653 $13,130,623 $17,191,338 $3,281,868,064 $1,242,517,438 $80,440,913 $24,910,040 $20,877,386 $5,745,956,960 $59,700,314 $4,404,431 $54,993,799 $253,038,815 $372,376,209 $346,576,209 $25,800,000 $68,909,356 $4,485,215,952 $47,279,570 $28,000,000 $19,279,570 $345,356,902 $345,356,902 $5,062,984 $5,062,984 $1,982,715,832 $214,057,828 $1,768,658,004 $95,631,411 $95,631,411 $6,441,003 $6,441,003 $2,001,438,653 $88,380,653 $13,130,623 $17,402,038 $3,292,199,596 $1,242,517,438 $80,591,161 $24,910,040 $20,877,386 $5,755,461,319 $59,700,314 $4,404,431 $54,993,799 $253,038,815 $362,096,066 $336,296,066 $25,800,000 $68,909,356 $4,426,153,500 $47,279,570 $28,000,000 $19,279,570 $280,218,160 $280,218,160 $5,062,984 $5,062,984 $1,982,715,832 $214,057,828 $1,768,658,004 $99,789,236 $99,789,236 $6,441,003 $6,441,003 $2,003,357,118 $88,380,653 $13,130,623 $17,402,038 $3,284,236,897 $1,242,517,438 $83,338,699 $24,910,040 $20,877,386 $5,758,582,308 $59,700,314 $4,404,431 $54,993,799 $253,038,815 $372,124,209 $346,324,209 $25,800,000 $68,909,356 $4,425,828,500 $47,279,570 $28,000,000 $19,279,570 $280,218,160 $280,218,160 $5,062,984 $5,062,984 $1,982,890,832 $214,057,828 $1,768,833,004 $99,789,236 $99,789,236 $6,441,003 $6,441,003 $2,002,857,118 710 JOURNAL OF THE SENATE Record Center Storage Fees 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 Grant to Local Educational Agencies CFDA84.010 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 Agency Funds Transfers $435,771 $2,001,002,882 $1,289,597 $1,289,597 $3,004,812,175 $2,979,956,732 $10,286,033 $608,684 $7,962,621 $657,795 $2,456,228,850 $36,801,423 $49,111,814 $1,330,388 $10,689,069 $333,430 $295,125 $280,857,262 $20,369,650 $1,037,739 $43,838,395 $759,169 $8,060,300 $50,728,985 $23,589,119 $1,802,127 $703,693 $110,351 $8,615,946 $4,237,381 $6,900,000 $1,219,621 $1,266,324 $435,771 $2,001,002,882 $1,289,597 $1,289,597 $2,877,221,915 $2,852,366,472 $10,286,033 $608,684 $7,962,621 $657,795 $2,328,638,590 $36,801,423 $49,111,814 $1,330,388 $10,689,069 $333,430 $295,125 $280,857,262 $20,369,650 $1,037,739 $43,838,395 $759,169 $8,060,300 $50,728,985 $23,589,119 $1,802,127 $703,693 $110,351 $8,615,946 $4,237,381 $6,900,000 $1,219,621 $1,266,324 $435,771 $2,002,921,347 $1,289,597 $1,289,597 $2,876,944,695 $2,852,089,252 $10,286,033 $608,684 $7,962,621 $657,795 $2,328,361,370 $36,801,423 $49,111,814 $1,330,388 $10,689,069 $333,430 $295,125 $280,857,262 $20,369,650 $1,037,739 $43,838,395 $759,169 $8,060,300 $50,728,985 $23,589,119 $1,802,127 $703,693 $110,351 $8,615,946 $4,237,381 $6,900,000 $1,219,621 $1,266,324 $435,771 $2,002,421,347 $1,289,597 $1,289,597 $2,751,410,290 $2,732,012,847 $10,286,033 $608,684 $7,962,621 $657,795 $2,208,284,965 $36,801,423 $49,111,814 $1,330,388 $10,689,069 $333,430 $295,125 $280,857,262 $20,369,650 $1,037,739 $43,838,395 $759,169 $8,060,300 $50,728,985 $18,131,119 $1,802,127 $703,693 $110,351 $8,615,946 $4,237,381 $1,442,000 $1,219,621 $1,266,324 THURSDAY, MARCH 5, 2009 711 Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,266,324 $1,266,324 $1,266,324 $1,266,324 $34,646,310,609 $34,812,036,261 $34,908,207,961 $34,915,816,932 Changes in Fund Availability TOTAL STATE FUNDS ($1,962,636,506) ($2,262,182,985) ($2,262,182,985) ($2,262,182,985) State General Funds ($2,133,181,973) ($2,432,728,452) ($2,432,728,452) ($2,432,728,452) Revenue Shortfall Reserve for K-12 Needs $187,278,126 $187,278,126 $187,278,126 $187,278,126 State Motor Fuel Funds ($14,628,991) ($14,628,991) ($14,628,991) ($14,628,991) Lottery Proceeds ($2,103,668) ($2,103,668) ($2,103,668) ($2,103,668) TOTAL FEDERAL FUNDS ($161,149,958) $304,122,173 $459,356,325 $467,290,296 American Recovery and Reinvestment Act of 2009 $145,317,456 $145,317,456 CCDF Mandatory & Matching Funds CFDA93.596 ($222,408) ($222,408) ($222,408) ($222,408) Child Care & Development Block Grant CFDA93.575 ($44,966) ($44,966) ($44,966) ($44,966) Community Services Block Grant CFDA93.569 ($217,846) ($217,846) ($7,146) ($7,146) Federal Funds Not Itemized ($15,528,600) ($15,528,600) ($5,197,068) ($13,159,767) Foster Care Title IV-E CFDA93.658 ($7,302,987) ($7,302,987) ($7,152,739) ($4,405,201) Low-Income Home Energy Assistance CFDA93.568 ($2,261) ($2,261) ($2,261) ($2,261) Maternal & Child Health Services Block Grant CFDA93.994 ($108,671) ($108,671) ($108,671) ($108,671) Medical Assistance Program CFDA93.778 ($87,991,042) $377,281,089 $386,785,448 $389,906,437 Social Services Block Grant CFDA93.667 ($20,358) ($20,358) ($20,358) ($20,358) State Children's Insurance Program CFDA93.767 ($64,961,731) ($64,961,731) ($64,961,731) ($64,961,731) Temporary Assistance for Needy Families $26,307,565 $26,307,565 $16,027,422 $26,055,565 Temporary Assistance for Needy Families Grant CFDA93.558 $24,607,565 $24,607,565 $14,327,422 $24,355,565 TANF Transfers to Child Care Development Fund per 42 USC 604 $1,700,000 $1,700,000 $1,700,000 $1,700,000 TANF Unobligated Balance per 42 USC 604 ($11,056,653) ($11,056,653) ($11,056,653) ($11,056,653) TOTAL AGENCY FUNDS $76,807,517 $76,807,517 $17,745,065 $17,420,065 Reserved Fund Balances $78,692,732 $78,692,732 $13,553,990 $13,553,990 Reserved Fund Balances Not Itemized $78,692,732 $78,692,732 $13,553,990 $13,553,990 Intergovernmental Transfers $175,000 Intergovernmental Transfers Not Itemized $175,000 Rebates, Refunds, and Reimbursements $47,667 $47,667 $4,205,492 $4,205,492 Rebates, Refunds, and Reimbursements Not Itemized $47,667 $47,667 $4,205,492 $4,205,492 Sales and Services ($1,932,882) ($1,932,882) ($14,417) ($514,417) 712 JOURNAL OF THE SENATE Sales and Services 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 Property Insurance Funds Workers Compensation Funds Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 1.1 Reduce funds from operations. State General Funds ($1,932,882) ($1,932,882) ($14,417) ($514,417) ($243,011,970) ($370,602,230) ($370,879,450) ($496,413,855) ($243,047,051) ($370,637,311) ($370,914,531) ($490,990,936) ($289,573) ($289,573) ($289,573) ($289,573) ($240,482,328) ($368,072,588) ($368,349,808) ($488,426,213) ($135,200) ($135,200) ($135,200) ($135,200) ($50,486) ($50,486) ($50,486) ($50,486) ($1,593,079) ($1,593,079) ($1,593,079) ($1,593,079) ($319,185) ($319,185) ($319,185) ($319,185) ($177,200) ($177,200) ($177,200) ($177,200) $35,081 $35,081 $35,081 ($5,422,919) $35,081 $35,081 $35,081 $35,081 ($5,458,000) ($2,289,990,917) ($2,251,855,525) ($2,155,961,045) ($2,273,886,479) Section Total - Continuation $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 Section Total - Final $10,717,058 $10,131,798 $10,717,058 $10,131,798 $10,717,058 $10,131,798 $10,087,483 $10,087,483 $10,087,483 Continuation Budget $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $11,402,191 $11,402,191 $11,402,191 $10,087,483 $10,087,483 $10,087,483 $1,365,993 $1,365,993 $1,365,993 ($81,294) ($81,294) ($81,294) ($81,294) THURSDAY, MARCH 5, 2009 713 1.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($67,206) ($63,009) ($63,009) 1.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,664) ($23,082) ($23,082) 1.100-Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 118) $1,284,699 $1,201,829 $1,198,608 $1,284,699 $1,201,829 $1,198,608 $1,284,699 $1,201,829 $1,198,608 $1,198,608 $1,198,608 $1,198,608 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,334,397 $1,334,397 $1,334,397 $1,334,397 $1,334,397 $1,334,397 $1,334,397 $1,334,397 $1,334,397 $1,334,397 $1,334,397 $1,334,397 2.1 Reduce funds from operations. State General Funds ($81,209) ($81,209) ($81,209) ($81,209) 2.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($42,094) ($42,922) ($42,922) 2.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,301) ($22,141) ($22,141) 2.100-Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 118) $1,253,188 $1,195,793 $1,188,125 $1,253,188 $1,195,793 $1,188,125 $1,253,188 $1,195,793 $1,188,125 $1,188,125 $1,188,125 $1,188,125 714 JOURNAL OF THE SENATE Senate Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 3.1 Reduce funds from operations. State General Funds ($459,045) ($459,045) ($459,045) ($459,045) 3.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($290,989) ($280,378) ($280,378) 3.3 Reduce funds to reflect the revised revenue estimate. State General Funds 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS ($87,487) ($128,877) Appropriation (HB 118) $7,170,450 $6,791,974 $6,761,195 $7,170,450 $6,791,974 $6,761,195 $7,170,450 $6,791,974 $6,761,195 ($128,877) $6,761,195 $6,761,195 $6,761,195 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 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 4.1 Reduce funds from operations. State General Funds ($63,585) ($63,585) ($63,585) ($63,585) 4.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($54,223) ($51,040) ($51,040) 4.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,296) ($18,126) ($18,126) THURSDAY, MARCH 5, 2009 715 4.100-Senate Budget and Evaluation Office Appropriation (HB 118) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,008,721 $942,202 $939,555 State General Funds $1,008,721 $942,202 $939,555 TOTAL PUBLIC FUNDS $1,008,721 $942,202 $939,555 $939,555 $939,555 $939,555 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 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 Section Total - Final $18,659,943 $17,618,197 $18,659,943 $17,618,197 $18,659,943 $17,618,197 $19,850,950 $19,850,950 $19,850,950 $17,579,244 $17,579,244 $17,579,244 $19,850,950 $19,850,950 $19,850,950 $17,637,616 $17,637,616 $17,637,616 House of Representatives Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 5.1 Reduce funds from operations. State General Funds ($1,191,007) ($1,191,007) ($1,191,007) ($1,191,007) 5.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($814,095) ($814,095) ($755,723) 5.3 Reduce funds to reflect the revised revenue estimate. State General Funds 5.100-House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS ($227,651) ($266,604) Appropriation (HB 118) $18,659,943 $17,618,197 $17,579,244 $18,659,943 $17,618,197 $17,579,244 $18,659,943 $17,618,197 $17,579,244 ($266,604) $17,637,616 $17,637,616 $17,637,616 716 JOURNAL OF THE SENATE Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 Section Total - Final $9,851,655 $9,495,666 $9,851,655 $9,495,666 $9,851,655 $9,495,666 $10,479,449 $10,479,449 $10,479,449 $9,427,959 $9,427,959 $9,427,959 $10,479,449 $10,479,449 $10,479,449 $9,429,943 $9,429,943 $9,429,943 Ancillary Activities Continuation Budget The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,728,361 $4,728,361 $4,728,361 $4,728,361 $4,728,361 $4,728,361 $4,728,361 $4,728,361 $4,728,361 $4,728,361 $4,728,361 $4,728,361 6.1 Reduce funds from operations. State General Funds ($283,711) ($283,711) ($283,711) ($283,711) 6.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($52,880) ($53,831) ($53,831) 6.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $8,710 $0 $0 6.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($54,230) ($90,005) 6.100-Ancillary Activities Appropriation (HB 118) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,444,650 $4,346,250 $4,300,814 State General Funds $4,444,650 $4,346,250 $4,300,814 TOTAL PUBLIC FUNDS $4,444,650 $4,346,250 $4,300,814 ($90,005) $4,300,814 $4,300,814 $4,300,814 THURSDAY, MARCH 5, 2009 717 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 State General Funds TOTAL PUBLIC FUNDS $2,646,281 $2,646,281 $2,646,281 $2,646,281 $2,646,281 $2,646,281 $2,646,281 $2,646,281 $2,646,281 $2,646,281 $2,646,281 $2,646,281 7.1 Reduce funds from operations. State General Funds ($158,777) ($158,777) ($158,777) ($158,777) 7.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($75,233) ($70,880) ($68,896) 7.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $12,392 $46,497 $46,497 7.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($30,350) ($47,410) ($47,410) 7.100-Legislative Fiscal Office Appropriation (HB 118) 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 $2,487,504 $2,394,313 $2,415,711 $2,417,695 State General Funds $2,487,504 $2,394,313 $2,415,711 $2,417,695 TOTAL PUBLIC FUNDS $2,487,504 $2,394,313 $2,415,711 $2,417,695 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 State General Funds TOTAL PUBLIC FUNDS $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 8.1 Reduce funds from operations. State General Funds ($185,306) ($185,306) ($185,306) ($185,306) 718 JOURNAL OF THE SENATE 8.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($154,184) ($157,586) ($157,586) 8.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $25,395 $0 $0 8.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($35,609) ($50,481) ($50,481) 8.100-Office of Legislative Counsel Appropriation (HB 118) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,919,501 $2,755,103 $2,711,434 $2,711,434 State General Funds $2,919,501 $2,755,103 $2,711,434 $2,711,434 TOTAL PUBLIC FUNDS $2,919,501 $2,755,103 $2,711,434 $2,711,434 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $33,174,936 $30,882,598 $33,174,936 $30,882,598 $33,174,936 $30,882,598 $30,506,203 $30,506,203 $30,506,203 $30,179,870 $30,179,870 $30,179,870 Audit and Assurance Services Continuation Budget The purpose of this appropriation is to provide financial, performance, and information system audits. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 THURSDAY, MARCH 5, 2009 719 9.1 Reduce funds from personnel. State General Funds ($1,560,155) ($1,560,155) ($1,560,155) ($1,560,155) 9.2 Reduce funds received in HB990 (FY09G) to develop an auditing function for funding formulas and program inputs to include all education agencies. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 9.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,691,737) ($1,692,056) ($1,691,737) 9.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $21,385 $24,166 $24,166 9.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($328,665) ($385,800) ($776,451) 9.6 Defer the FY09 cost of living adjustment. State General Funds ($203,707) ($203,707) 9.100-Audit and Assurance Services Appropriation (HB 118) The purpose of this appropriation is to provide financial, performance, and information system audits. TOTAL STATE FUNDS $29,223,829 $27,224,812 $26,966,432 State General Funds $29,223,829 $27,224,812 $26,966,432 TOTAL PUBLIC FUNDS $29,223,829 $27,224,812 $26,966,432 $26,576,100 $26,576,100 $26,576,100 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 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 10.1 Reduce funds from personnel. State General Funds ($76,988) ($76,988) $1,729,799 $1,729,799 $1,729,799 ($76,988) $1,729,799 $1,729,799 $1,729,799 ($76,988) 720 JOURNAL OF THE SENATE 10.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($99,098) ($99,301) ($99,098) 10.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,253 $0 $0 10.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($45,299) $14,442 ($26,173) 10.5 Defer the FY09 cost of living adjustment. State General Funds ($138,384) ($15,694) 10.100-Departmental Administration Appropriation (HB 118) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,652,811 $1,509,667 $1,429,568 State General Funds $1,652,811 $1,509,667 $1,429,568 TOTAL PUBLIC FUNDS $1,652,811 $1,509,667 $1,429,568 $1,511,846 $1,511,846 $1,511,846 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 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 11.1 Reduce funds from personnel. State General Funds ($5,760) ($5,760) ($5,760) ($5,760) 11.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($7,219) ($6,751) ($7,219) THURSDAY, MARCH 5, 2009 721 11.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $91 $0 $0 11.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,545) $4,900 ($3,667) 11.5 Defer the FY09 cost of living adjustment. State General Funds ($860) ($860) 11.100-Legislative Services Appropriation (HB 118) 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 $117,983 $107,310 $115,272 $106,237 State General Funds $117,983 $107,310 $115,272 $106,237 TOTAL PUBLIC FUNDS $117,983 $107,310 $115,272 $106,237 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 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 12.1 Reduce funds from personnel. State General Funds ($109,335) ($109,335) ($109,335) ($109,335) 12.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($113,716) ($113,662) ($113,716) 12.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,437 $0 $0 722 JOURNAL OF THE SENATE 12.4 Reduce funds to reflect the revised revenue estimate. State General Funds 12.5 Defer the FY09 cost of living adjustment. State General Funds ($27,225) ($60,603) ($11,117) ($69,793) ($11,117) 12.100-Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 118) 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 $2,180,313 $2,040,809 $1,994,931 $1,985,687 State General Funds $2,180,313 $2,040,809 $1,994,931 $1,985,687 TOTAL PUBLIC FUNDS $2,180,313 $2,040,809 $1,994,931 $1,985,687 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $13,093,830 $12,789,526 $13,093,830 $12,789,526 $150,000 $150,000 $150,000 $150,000 $13,243,830 $12,939,526 $12,665,713 $12,665,713 $150,000 $150,000 $12,815,713 $12,665,713 $12,665,713 $150,000 $150,000 $12,815,713 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 $14,744,435 $14,744,435 $14,744,435 $14,744,435 THURSDAY, MARCH 5, 2009 723 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,744,435 $150,000 $150,000 $150,000 $14,894,435 $14,744,435 $150,000 $150,000 $150,000 $14,894,435 $14,744,435 $150,000 $150,000 $150,000 $14,894,435 $14,744,435 $150,000 $150,000 $150,000 $14,894,435 13.1 Defer the FY09 cost of living adjustment. State General Funds ($159,151) ($159,151) ($159,151) ($159,151) 13.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($655,772) ($811,979) ($811,979) ($811,979) 13.3 Reduce funds received in HB990 (FY09G) for the e-filing initiative. State General Funds ($45,329) ($45,329) ($45,329) ($45,329) 13.4 Reduce funds received in HB990 (FY09G) to upgrade the court's docket system. State General Funds ($147,900) ($147,900) ($147,900) ($147,900) 13.5 Reduce funds from the Westlaw contract and temporarily suspend online legal subscription services. State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 13.6 Reduce funds by delaying equipment replacements, microfilming services, and IT expenses. State General Funds ($194,970) ($194,970) ($194,970) ($194,970) 13.7 Reduce funds by eliminating nine filled support positions and a vacant attorney position. State General Funds ($356,183) ($356,183) ($356,183) ($356,183) 13.8 Reduce funds and freeze summer internship pay. State General Funds ($55,300) ($55,300) ($55,300) ($55,300) 13.9 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,648 $11,648 $11,648 13.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($159,745) ($283,558) ($283,558) 724 JOURNAL OF THE SENATE 13.100-Court of Appeals Appropriation (HB 118) 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 $13,093,830 $12,789,526 $12,665,713 $12,665,713 State General Funds $13,093,830 $12,789,526 $12,665,713 $12,665,713 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 $13,243,830 $12,939,526 $12,815,713 $12,815,713 Section 6: Judicial Council 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 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 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 $14,845,118 $14,449,367 $14,845,118 $14,449,367 $2,492,903 $2,492,903 $2,492,903 $2,492,903 $615,890 $615,890 $615,890 $615,890 $17,953,911 $17,558,160 $14,469,348 $14,469,348 $2,492,903 $2,492,903 $615,890 $615,890 $17,578,141 $14,452,958 $14,452,958 $2,492,903 $2,492,903 $615,890 $615,890 $17,561,751 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 $196,638 $196,638 $196,638 $196,638 THURSDAY, MARCH 5, 2009 725 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $196,638 $172,890 $172,890 $172,890 $369,528 $196,638 $172,890 $172,890 $172,890 $369,528 $196,638 $172,890 $172,890 $172,890 $369,528 $196,638 $172,890 $172,890 $172,890 $369,528 14.1 Defer the FY09 cost of living adjustment. State General Funds ($3,117) ($3,117) ($3,117) ($3,117) 14.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($19,145) ($9,425) ($19,145) ($9,425) 14.3 Reduce funds and the use of temporary professional employees to help with seasonal projects such as the annual report and trainings. State General Funds ($10,463) ($10,463) ($10,463) ($10,463) 14.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $153 $0 $0 14.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,179) ($4,882) ($4,882) 14.100-Georgia Office of Dispute Resolution Appropriation (HB 118) 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 $163,913 $163,913 $172,890 $172,890 $172,890 $336,803 $171,607 $171,607 $172,890 $172,890 $172,890 $344,497 $159,031 $159,031 $172,890 $172,890 $172,890 $331,921 $168,751 $168,751 $172,890 $172,890 $172,890 $341,641 726 JOURNAL OF THE SENATE 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 $1,298,000 $1,298,000 $177,500 $177,500 $177,500 $1,475,500 $1,298,000 $1,298,000 $177,500 $177,500 $177,500 $1,475,500 $1,298,000 $1,298,000 $177,500 $177,500 $177,500 $1,475,500 $1,298,000 $1,298,000 $177,500 $177,500 $177,500 $1,475,500 15.1 Defer the FY09 cost of living adjustment. State General Funds ($6,105) ($6,105) ($6,105) ($6,105) 15.2 Reduce funds by freezing the vacant program support position for court administrative personnel training. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 15.3 Reduce funds by instituting a moratorium on financial aid for nationally-based educational travel. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 15.4 Reduce funds by canceling the 2009 Annual Conference for law clerks. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 15.5 Reduce funds by eliminating the design and delivery of the 2009 Leadership Academy. State General Funds ($12,514) ($12,514) ($12,514) ($12,514) 15.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($14,382) ($36,167) ($36,167) 15.100-Institute of Continuing Judicial Education Appropriation (HB 118) 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 $1,214,381 $1,199,999 $1,178,214 $1,178,214 State General Funds $1,214,381 $1,199,999 $1,178,214 $1,178,214 TOTAL AGENCY FUNDS $177,500 $177,500 $177,500 $177,500 Sales and Services $177,500 $177,500 $177,500 $177,500 Sales and Services Not Itemized $177,500 $177,500 $177,500 $177,500 TOTAL PUBLIC FUNDS $1,391,881 $1,377,499 $1,355,714 $1,355,714 THURSDAY, MARCH 5, 2009 727 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,971,643 $13,971,643 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $16,730,046 $13,971,643 $13,971,643 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $16,730,046 $13,971,643 $13,971,643 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $16,730,046 $13,971,643 $13,971,643 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $16,730,046 16.1 Defer the FY09 cost of living adjustment. State General Funds ($73,828) ($73,828) ($73,828) ($73,828) 16.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($436,021) ($669,697) ($380,925) ($405,087) 16.3 Reduce funds from the Administrative Office of the Courts (AOC) by eliminating the contract for maintenance of the SUSTAIN Case Management software system. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 16.4 Reduce funds and freeze the following vacant positions: an administrative assistant in the General Counsel Division, a desktop administrator in the Technology Division, and a research position in the Research Division. State General Funds ($166,537) ($166,537) ($166,537) ($166,537) 16.5 Reduce funds from the Council of State Court Judges (-$15,932), Council of Probate Court Judges (-$4,687), Council of Municipal Court Judges (-$1,140), Council of Magistrate Court Judges (-$11,785), and Council of Court Administrators ($286). State General Funds ($33,830) ($33,830) ($33,830) ($33,830) 16.6 Reduce funds and the amount of grant funding to be awarded to local drug courts. State General Funds ($139,044) ($139,044) ($139,044) ($139,044) 16.7 Reduce funds from the Child Support Guidelines Commission by suspending all travel, printing, publications for laminated 728 JOURNAL OF THE SENATE bench cards and child support calculator worksheet guides, and meetings. State General Funds ($6,150) ($6,150) ($6,150) ($6,150) 16.8 Reduce funds from the County and Municipal Probation Advisory Council by eliminating the reimbursements for member expenses and registration costs for conferences. State General Funds ($16,727) ($16,727) ($16,727) ($16,727) 16.9 Reduce funds from grants awarded for civil legal services to Victims of Domestic Violence. State General Funds ($128,078) ($128,078) ($128,078) ($128,078) 16.10 Reduce funds from the Committee on Access and Fairness by discontinuing the newsletter in print form, reducing Color of Justice Programs, and reducing the number of meetings held from six to four. State General Funds ($6,480) ($6,480) ($6,480) ($6,480) 16.11 Reduce funds from the Georgia Law School Consortium and the stipends paid to nineteen students beginning in the 2009 spring semester. State General Funds ($10,585) ($10,585) ($10,585) ($10,585) 16.12 Reduce funds from the Georgia Courts Automation Commission by reducing the number of facilitated sessions for the Strategic IT and Business Plans, the Common Judicial Data Dictionary project, and the National Information Exchange Model Mapping program. State General Funds ($50,101) ($50,101) ($50,101) ($50,101) 16.13 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $10,877 $11,263 $11,263 16.14 Reduce funds to reflect the revised revenue estimate. State General Funds ($154,809) ($376,880) ($376,880) 16.99 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 $2,010,956 is designated for Drug and DUI Courts. State General Funds $0 $0 16.100-Judicial Council Appropriation (HB 118) 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 $2,010,956 is designated for Drug and DUI Courts. TOTAL STATE FUNDS $12,654,262 $12,276,654 $12,343,741 $12,319,579 THURSDAY, MARCH 5, 2009 729 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,654,262 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $15,412,665 $12,276,654 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $15,035,057 $12,343,741 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $15,102,144 $12,319,579 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $15,077,982 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 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 17.1 Defer the FY09 cost of living adjustment. State General Funds ($2,226) ($2,226) ($2,226) ($2,226) 17.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($12,386) ($14,334) ($12,386) ($14,334) 17.3 Reduce funds from operations. State General Funds ($17,066) ($17,066) ($25,029) ($25,029) 17.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $233 $0 $0 17.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,313) $0 17.100-Judicial Qualifications Commission Appropriation (HB 118) The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $267,362 $262,334 $259,399 State General Funds $267,362 $262,334 $259,399 TOTAL PUBLIC FUNDS $267,362 $262,334 $259,399 $0 $257,451 $257,451 $257,451 730 JOURNAL OF THE SENATE 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 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 18.1 Reduce funds from operations. State General Funds ($34,800) ($34,800) ($51,037) ($51,037) 18.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($6,427) $0 $0 18.100-Resource Center Appropriation (HB 118) The purpose of this appropriation is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $545,200 $538,773 $528,963 $528,963 State General Funds $545,200 $538,773 $528,963 $528,963 TOTAL PUBLIC FUNDS $545,200 $538,773 $528,963 $528,963 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,691,660 $6,691,660 $447,456 $447,456 $7,139,116 $6,691,660 $6,691,660 $447,456 $447,456 $7,139,116 $6,691,660 $6,691,660 $447,456 $447,456 $7,139,116 $6,691,660 $6,691,660 $447,456 $447,456 $7,139,116 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,505,752 $6,421,253 $6,505,752 $6,421,253 $447,456 $447,456 $447,456 $447,456 $6,953,208 $6,868,709 $6,482,083 $6,482,083 $447,456 $447,456 $6,929,539 $6,482,083 $6,482,083 $447,456 $447,456 $6,929,539 THURSDAY, MARCH 5, 2009 731 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 $1,705,599 $1,705,599 $447,456 $447,456 $2,153,055 $1,705,599 $1,705,599 $447,456 $447,456 $2,153,055 $1,705,599 $1,705,599 $447,456 $447,456 $2,153,055 $1,705,599 $1,705,599 $447,456 $447,456 $2,153,055 19.1 Defer the FY09 cost of living adjustment. State General Funds ($14,189) ($14,189) ($14,189) ($14,189) 19.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($74,718) ($82,215) ($82,215) ($82,215) 19.3 Reduce funds from the purchase of services for the Juvenile Offenders Program that reimburses county governments for community-based services that provide alternatives to institutional treatment. State General Funds ($97,001) ($97,001) ($97,001) ($97,001) 19.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,368 $2,368 $2,368 19.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($79,370) ($18,540) ($18,540) 19.100-Council of Juvenile Court Judges Appropriation (HB 118) 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 $1,519,691 $1,435,192 $1,496,022 $1,496,022 State General Funds $1,519,691 $1,435,192 $1,496,022 $1,496,022 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 $1,967,147 $1,882,648 $1,943,478 $1,943,478 732 JOURNAL OF THE SENATE 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 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 20.100-Grants to Counties for Juvenile Court Judges Appropriation (HB 118) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,986,061 $4,986,061 $4,986,061 State General Funds $4,986,061 $4,986,061 $4,986,061 TOTAL PUBLIC FUNDS $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $52,061,931 $51,164,589 $52,061,931 $51,164,589 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $53,864,058 $52,966,716 $51,799,745 $51,799,745 $1,802,127 $1,802,127 $53,601,872 $50,897,162 $50,897,162 $1,802,127 $1,802,127 $52,699,289 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 $52,323,746 $52,323,746 $1,767,046 $52,323,746 $52,323,746 $1,767,046 $52,323,746 $52,323,746 $1,767,046 $52,323,746 $52,323,746 $1,767,046 THURSDAY, MARCH 5, 2009 733 Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS $1,767,046 $1,767,046 $54,090,792 $1,767,046 $1,767,046 $54,090,792 $1,767,046 $1,767,046 $54,090,792 $1,767,046 $1,767,046 $54,090,792 21.1 Defer the FY09 cost of living adjustment. State General Funds ($637,857) ($637,857) ($637,857) ($637,857) 21.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($2,943,368) ($3,064,785) ($3,207,216) ($3,064,785) 21.3 Reduce funds received in HB990 (FY09G) for an increase in the mileage reimbursement rate. State General Funds ($103,672) ($103,672) ($103,672) ($103,672) 21.4 Reduce funds by suspending step increases and promotions temporarily for all state paid Assistant District Attorneys. State General Funds ($349,150) ($349,150) ($349,150) ($349,150) 21.5 Reduce funds by furloughing all state paid employees, except District Attorneys who are constitutional officers, for a total of thirteen days throughout the fiscal year. State General Funds ($2,243,917) ($2,243,917) ($2,243,917) ($2,243,917) 21.6 Increase funds to cover a shortfall projected for the month of June. State General Funds $602,583 $602,583 $602,583 $0 21.7 Increase funds to reflect a change in the child support contract with the Department of Human Resources. FF Child Support Enforcement Title IV-D CFDA93.563 $35,081 $35,081 $35,081 $35,081 21.8 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,467 $0 $0 21.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($335,156) $0 $0 21.100-District Attorneys Appropriation (HB 118) 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 $46,648,365 $46,193,259 $46,384,517 $45,924,365 734 JOURNAL OF THE SENATE State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS $46,648,365 $1,802,127 $1,802,127 $1,802,127 $48,450,492 $46,193,259 $1,802,127 $1,802,127 $1,802,127 $47,995,386 $46,384,517 $1,802,127 $1,802,127 $1,802,127 $48,186,644 $45,924,365 $1,802,127 $1,802,127 $1,802,127 $47,726,492 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 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 22.1 Defer the FY09 cost of living adjustment. State General Funds ($52,707) ($52,707) ($52,707) ($52,707) 22.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($265,120) ($407,551) ($265,120) ($407,551) 22.3 Reduce funds by not filling the following four vacant positions: two attorneys, a victim witness coordinator, and an IT position. State General Funds ($632,353) ($632,353) ($632,353) ($632,353) 22.4 Reduce funds from operations. State General Funds ($160,879) ($160,879) ($160,879) ($160,879) 22.5 Reduce funds received in HB990 (FY09G) and defer the purchase and replacement of obsolete computer equipment in District Attorneys' offices. State General Funds ($208,125) ($208,125) ($208,125) ($208,125) 22.6 Reduce funds from training victim coordinators. State General Funds ($25,735) ($25,735) ($25,735) ($25,735) 22.7 Reduce funds by furloughing all employees for a total of thirteen days throughout the fiscal year. State General Funds ($187,889) ($187,889) ($187,889) ($187,889) 22.8 Reduce funds by suspending step increases and promotions temporarily for all state paid Assistant District Attorneys. THURSDAY, MARCH 5, 2009 735 State General Funds ($11,575) ($11,575) ($11,575) ($11,575) 22.9 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $195 $1,662 $1,662 22.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($300,000) $0 ($300,000) 22.100-Prosecuting Attorney's Council Appropriation (HB 118) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $5,413,566 $4,971,330 $5,415,228 State General Funds $5,413,566 $4,971,330 $5,415,228 TOTAL PUBLIC FUNDS $5,413,566 $4,971,330 $5,415,228 $4,972,797 $4,972,797 $4,972,797 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $57,621,332 $55,953,337 $57,621,332 $55,953,337 $57,621,332 $55,953,337 $56,106,568 $56,106,568 $56,106,568 $55,878,707 $55,878,707 $55,878,707 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 State General Funds TOTAL PUBLIC FUNDS $1,751,550 $1,751,550 $1,751,550 $1,751,550 $1,751,550 $1,751,550 $1,751,550 $1,751,550 $1,751,550 $1,751,550 $1,751,550 $1,751,550 23.1 Reduce funds received in HB990 (FY09G) for the Judicial Data Exchange (JDX) project. State General Funds ($1,352,702) ($1,352,702) ($1,352,702) ($1,352,702) 736 JOURNAL OF THE SENATE 23.2 Reduce funds from operations. State General Funds ($22,640) ($22,640) 23.100-Council of Superior Court Clerks Appropriation (HB 118) 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 $398,848 $398,848 $376,208 $376,208 State General Funds $398,848 $398,848 $376,208 $376,208 TOTAL PUBLIC FUNDS $398,848 $398,848 $376,208 $376,208 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 TOTAL PUBLIC FUNDS $1,483,201 $1,483,201 $1,483,201 $1,483,201 $1,483,201 $1,483,201 $1,483,201 $1,483,201 $1,483,201 $1,483,201 $1,483,201 $1,483,201 24.1 Defer the FY09 cost of living adjustment. State General Funds ($16,204) ($16,204) ($16,204) ($16,204) 24.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($65,197) ($84,605) ($65,197) ($84,605) 24.3 Reduce funds due to the early elimination of the Sentence Review Panel. State General Funds ($22,240) ($22,240) ($22,240) ($22,240) 24.4 Reduce funds by eliminating equipment purchases, cutting supplies by 50%, and hiring interns for only three months. State General Funds ($46,636) ($46,636) ($46,636) ($46,636) 24.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $244 $0 $0 24.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($100,000) ($40,000) ($40,000) THURSDAY, MARCH 5, 2009 737 24.100-Council of Superior Court Judges Appropriation (HB 118) 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 $1,332,924 $1,213,760 $1,292,924 $1,273,516 State General Funds $1,332,924 $1,213,760 $1,292,924 $1,273,516 TOTAL PUBLIC FUNDS $1,332,924 $1,213,760 $1,292,924 $1,273,516 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 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 25.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($90,374) ($133,983) ($90,374) ($133,983) 25.2 Reduce funds from operations at the ten district offices. State General Funds ($134,855) ($134,855) ($162,485) ($162,485) 25.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $386 $0 $0 25.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($300,000) ($38,758) ($38,758) 25.5 Defer the FY09 cost of living adjustment. State General Funds ($24,360) ($24,360) 25.100-Judicial Administrative Districts Appropriation (HB 118) 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 $2,123,616 $1,780,393 $2,032,868 $1,989,259 738 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $2,123,616 $2,123,616 $1,780,393 $1,780,393 $2,032,868 $2,032,868 $1,989,259 $1,989,259 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 $58,038,504 $58,038,504 $58,038,504 $58,038,504 $58,038,504 $58,038,504 $58,038,504 $58,038,504 $58,038,504 $58,038,504 $58,038,504 $58,038,504 26.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($2,398,471) ($3,310,638) ($3,145,794) ($3,310,638) 26.2 Reduce funds from operations and eliminate the use of Senior Judges for the fiscal year. State General Funds ($1,874,089) ($1,874,089) ($1,874,089) ($1,874,089) 26.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $9,539 $10,169 $10,169 26.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($302,980) $0 $0 26.5 Defer the FY09 cost of living adjustment. State General Funds ($744,222) ($744,222) 26.6 Increase funds for Senior Judge use in the Piedmont circuit and as future emergencies arise. State General Funds $60,000 $60,000 26.7 Increase funds for travel. State General Funds $60,000 $60,000 26.100-Superior Court Judges Appropriation (HB 118) The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, THURSDAY, MARCH 5, 2009 739 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 $53,765,944 $52,560,336 $52,404,568 $52,239,724 State General Funds $53,765,944 $52,560,336 $52,404,568 $52,239,724 TOTAL PUBLIC FUNDS $53,765,944 $52,560,336 $52,404,568 $52,239,724 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $7,889,047 $7,506,977 $7,889,047 $7,506,977 $7,889,047 $7,506,977 $7,807,702 $7,807,702 $7,807,702 $7,815,547 $7,815,547 $7,815,547 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 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 27.1 Defer the FY09 cost of living adjustment. State General Funds ($89,806) ($89,806) ($89,806) ($89,806) 27.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($355,632) ($655,889) ($451,410) ($443,565) 27.3 Reduce funds by eliminating five positions, by eliminating the summer internship program, and from operations. State General Funds ($503,489) ($503,489) ($503,489) ($503,489) 740 JOURNAL OF THE SENATE 27.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $14,433 $14,433 $14,433 27.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($96,246) $0 $0 27.100-Supreme Court of Georgia Appropriation (HB 118) The purpose of this appropriation is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest. TOTAL STATE FUNDS $7,889,047 $7,506,977 $7,807,702 $7,815,547 State General Funds $7,889,047 $7,506,977 $7,807,702 $7,815,547 TOTAL PUBLIC FUNDS $7,889,047 $7,506,977 $7,807,702 $7,815,547 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 $5,456,173 $5,456,173 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $10,286,033 $15,742,206 $15,742,206 Section Total - Final $4,471,956 $4,414,053 $4,471,956 $4,414,053 $10,286,033 $10,286,033 $10,286,033 $10,286,033 $14,757,989 $14,700,086 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 $3,808,773 $3,808,773 $10,286,033 $10,286,033 $14,094,806 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 $4,414,053 $4,414,053 $10,286,033 $10,286,033 $14,700,086 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 $5,456,173 $5,456,173 $5,456,173 $5,456,173 THURSDAY, MARCH 5, 2009 741 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206 28.1 Defer the FY09 cost of living adjustment. State General Funds ($40,448) ($40,448) ($40,448) ($40,448) 28.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($178,988) ($192,171) ($192,171) ($192,171) 28.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $14,051 $14,051 $14,051 $14,051 28.4 Reduce funds from personnel. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 28.5 Reduce funds from operations. State General Funds ($344,524) ($344,524) ($344,524) ($344,524) 28.6 Reduce funds by limiting purchases, only publishing critical reports, using orders from prior years to meet Oracle training needs, and curtailing travel and staff training. State General Funds ($184,308) ($184,308) ($184,308) ($184,308) 28.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($44,720) $0 ($44,720) 28.8 Reduce funds from contracts. State General Funds ($650,000) $0 28.100-State Accounting Office Appropriation (HB 118) 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 $4,471,956 $4,414,053 $3,808,773 $4,414,053 742 JOURNAL OF THE SENATE 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 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 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 $4,471,956 $10,286,033 $10,286,033 $10,286,033 $14,757,989 $4,414,053 $10,286,033 $10,286,033 $10,286,033 $14,700,086 $3,808,773 $10,286,033 $10,286,033 $10,286,033 $14,094,806 $4,414,053 $10,286,033 $10,286,033 $10,286,033 $14,700,086 Section Total - Continuation $13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 $13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 $13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 $13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 Section Total - Final $7,875,715 $7,770,814 $7,875,715 $7,770,814 $19,695,847 $19,695,847 $6,834,082 $6,834,082 $3,352,238 $3,352,238 $7,139,999 $7,139,999 $126,214 $126,214 $2,243,314 $2,243,314 $131,974,783 $131,974,783 $131,974,783 $131,974,783 $159,546,345 $159,441,444 $6,226,352 $6,226,352 $23,853,672 $5,567,758 $3,352,238 $11,297,824 $126,214 $3,509,638 $131,974,783 $131,974,783 $162,054,807 $6,226,352 $6,226,352 $23,853,672 $5,567,758 $3,352,238 $11,297,824 $126,214 $3,509,638 $131,974,783 $131,974,783 $162,054,807 THURSDAY, MARCH 5, 2009 743 Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $850,000 $850,000 $850,000 $850,000 $850,000 $850,000 $850,000 $850,000 $850,000 29.100-Compensation Per General Assembly Resolutions Appropriation (HB 118) The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS $850,000 State General Funds $850,000 TOTAL PUBLIC FUNDS $850,000 $850,000 $850,000 $850,000 $850,000 $850,000 $850,000 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 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 $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,994,354 $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,994,354 30.1 Defer the FY09 cost of living adjustment. State General Funds ($94,768) ($94,768) $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,994,354 ($94,768) $850,000 $850,000 $850,000 $850,000 $850,000 $850,000 $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,994,354 ($94,768) 744 JOURNAL OF THE SENATE 30.2 Defer structure adjustments to the statewide salary plan. State General Funds ($463) ($463) ($463) ($463) 30.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($75,031) ($80,557) ($80,557) ($80,557) 30.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($24,906) ($24,906) ($24,906) ($24,906) 30.5 Reduce funds designated for a marketing study. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 30.6 Reduce funds designated for information technology contractors and perform the work with internal staff. State General Funds ($143,997) ($143,997) ($143,997) ($143,997) 30.7 Reduce funds from operations. State General Funds ($63,549) ($63,549) ($63,549) ($63,549) 30.8 Reduce funds by eliminating an accounting manager, a secretary, and a chief information officer. State General Funds ($184,468) ($184,468) ($184,468) ($184,468) 30.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($48,268) $0 $0 30.10 Replace funds with purchasing card rebates from the State Purchasing program. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($1,235,700) $1,235,700 $0 ($1,235,700) $1,235,700 $0 30.100-Departmental Administration Appropriation (HB 118) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,711,256 $2,657,462 $1,470,030 State General Funds $2,711,256 $2,657,462 $1,470,030 TOTAL AGENCY FUNDS $1,400,524 $1,400,524 $2,636,224 Interest and Investment Income $62,121 $62,121 $62,121 $1,470,030 $1,470,030 $2,636,224 $62,121 THURSDAY, MARCH 5, 2009 745 Interest and Investment Income 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 Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments TOTAL PUBLIC FUNDS $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,347,172 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,293,378 $62,121 $1,235,700 $1,235,700 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,341,646 $62,121 $1,235,700 $1,235,700 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,341,646 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 Reserved Fund Balances Reserved Fund Balances Not Itemized 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 $1,705,000 $1,705,000 $1,295,640 $719,941 $719,941 $575,699 $575,699 $91,439 $91,439 $91,439 $3,092,079 $1,705,000 $1,705,000 $1,295,640 $719,941 $719,941 $575,699 $575,699 $91,439 $91,439 $91,439 $3,092,079 $1,705,000 $1,705,000 $1,295,640 $719,941 $719,941 $575,699 $575,699 $91,439 $91,439 $91,439 $3,092,079 $1,705,000 $1,705,000 $1,295,640 $719,941 $719,941 $575,699 $575,699 $91,439 $91,439 $91,439 $3,092,079 31.1 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($106,176) ($106,176) ($106,176) ($106,176) 31.2 Reduce funds due to excessive rent allocations. 746 JOURNAL OF THE SENATE State General Funds ($40,657) ($40,657) ($40,657) ($40,657) 31.3 Reduce funds due to excessive freight expenses. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 31.4 Reduce funds from personnel. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 31.5 Reduce funds designated for a consultant assessment of the current fleet operations management information system. State General Funds ($275,343) ($275,343) 31.100-Fleet Management Appropriation (HB 118) 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 $1,148,167 $1,148,167 $872,824 $872,824 State General Funds $1,148,167 $1,148,167 $872,824 $872,824 TOTAL AGENCY FUNDS $1,295,640 $1,295,640 $1,295,640 $1,295,640 Reserved Fund Balances $719,941 $719,941 $719,941 $719,941 Reserved Fund Balances Not Itemized $719,941 $719,941 $719,941 $719,941 Rebates, Refunds, and Reimbursements $575,699 $575,699 $575,699 $575,699 Rebates, Refunds, and Reimbursements Not Itemized $575,699 $575,699 $575,699 $575,699 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $91,439 $91,439 $91,439 $91,439 State Funds Transfers $91,439 $91,439 $91,439 $91,439 Motor Vehicle Rental Payments $91,439 $91,439 $91,439 $91,439 TOTAL PUBLIC FUNDS $2,535,246 $2,535,246 $2,259,903 $2,259,903 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 $0 $0 $1,130,155 $1,130,155 $1,130,155 $0 $0 $1,130,155 $1,130,155 $1,130,155 $0 $0 $1,130,155 $1,130,155 $1,130,155 $0 $0 $1,130,155 $1,130,155 $1,130,155 THURSDAY, MARCH 5, 2009 747 TOTAL PUBLIC FUNDS 32.1 Reduce funds by eliminating one clerk position. Mail and Courier Services 32.2 Reduce funds from operations. Mail and Courier Services 32.3 Reduce funds designated for vehicle expenses. Mail and Courier Services $1,130,155 $1,130,155 $1,130,155 $1,130,155 ($31,186) ($31,186) ($31,186) ($31,186) ($2,300) ($2,300) ($2,300) ($2,300) ($17,000) ($17,000) ($17,000) ($17,000) 32.100-Mail and Courier Appropriation (HB 118) 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 $1,079,669 $1,079,669 $1,079,669 $1,079,669 State Funds Transfers $1,079,669 $1,079,669 $1,079,669 $1,079,669 Mail and Courier Services $1,079,669 $1,079,669 $1,079,669 $1,079,669 TOTAL PUBLIC FUNDS $1,079,669 $1,079,669 $1,079,669 $1,079,669 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 Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757 $0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757 $0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757 $0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757 33.1 Reduce funds by restricting travel, postponing computer upgrades, discontinuing subscriptions, and suspending participation in conferences and training. Agency to Agency Contracts ($51,100) ($51,100) ($51,100) ($51,100) 748 JOURNAL OF THE SENATE Liability Funds TOTAL PUBLIC FUNDS ($9,200) ($60,300) ($9,200) ($60,300) 33.2 Reduce funds due to a teachers' premium refund. Property Insurance Funds ($56,200) ($56,200) 33.3 Reduce funds from consulting services that are unnecessary or can be performed internally. Liability Funds Workers Compensation Funds TOTAL PUBLIC FUNDS ($126,000) ($131,200) ($257,200) ($126,000) ($131,200) ($257,200) 33.4 Reduce funds and eliminate duplicative or unnecessary positions. Agency to Agency Contracts Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS ($81,473) ($262,985) ($46,000) ($390,458) ($81,473) ($262,985) ($46,000) ($390,458) 33.5 Reduce funds due to a broker fee refund. Agency to Agency Contracts ($157,000) ($157,000) ($9,200) ($60,300) ($56,200) ($126,000) ($131,200) ($257,200) ($81,473) ($262,985) ($46,000) ($390,458) ($157,000) ($9,200) ($60,300) ($56,200) ($126,000) ($131,200) ($257,200) ($81,473) ($262,985) ($46,000) ($390,458) ($157,000) 33.100-Risk Management Appropriation (HB 118) The purpose of this appropriation is for cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $128,959,599 $128,959,599 $128,959,599 $128,959,599 State Funds Transfers $128,959,599 $128,959,599 $128,959,599 $128,959,599 Agency to Agency Contracts $688,850 $688,850 $688,850 $688,850 Liability Funds $49,111,814 $49,111,814 $49,111,814 $49,111,814 Property Insurance Funds $20,369,650 $20,369,650 $20,369,650 $20,369,650 Unemployment Compensation Funds $8,060,300 $8,060,300 $8,060,300 $8,060,300 Workers Compensation Funds $50,728,985 $50,728,985 $50,728,985 $50,728,985 TOTAL PUBLIC FUNDS $128,959,599 $128,959,599 $128,959,599 $128,959,599 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 $4,241,671 $4,241,671 $4,241,671 $4,241,671 THURSDAY, MARCH 5, 2009 749 State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472 34.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($78,094) ($83,846) ($83,846) ($83,846) 34.2 Reduce funds and utilize reserves. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($4,046,193) ($4,046,193) ($4,157,825) $4,157,825 $0 ($4,157,825) $4,157,825 $0 34.3 Transfer surplus property reserves from the Surplus Property program and purchasing card rebates to the Departmental Administration program. Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($1,235,700) $1,266,324 $30,624 ($1,235,700) $1,266,324 $30,624 34.100-State Purchasing Appropriation (HB 118) 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 $117,384 $111,632 State General Funds $117,384 $111,632 TOTAL AGENCY FUNDS $10,729,801 $10,729,801 $14,918,250 $14,918,250 Reserved Fund Balances $4,165,501 $4,165,501 $4,165,501 $4,165,501 Reserved Fund Balances Not Itemized $4,165,501 $4,165,501 $4,165,501 $4,165,501 Rebates, Refunds, and Reimbursements $6,564,300 $6,564,300 $9,486,425 $9,486,425 Rebates, Refunds, and Reimbursements Not Itemized $6,564,300 $6,564,300 $9,486,425 $9,486,425 Sales and Services $1,266,324 $1,266,324 750 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,847,185 $10,841,433 $1,266,324 $14,918,250 $1,266,324 $14,918,250 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141 $0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141 $0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141 $0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141 35.1 Reduce funds due to the closing of facilities in Americus, Swainsboro and Tucker and eliminate positions. Sales and Services Not Itemized ($1,767,882) ($1,767,882) ($1,767,882) ($1,767,882) 35.2 Transfer funds designated for vehicle purchases in HB990 (FY09G) to the State Purchasing program. Reserved Fund Balances Not Itemized ($1,266,324) ($1,266,324) 35.100-Surplus Property Appropriation (HB 118) 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 $2,889,259 $2,889,259 $1,622,935 $1,622,935 Reserved Fund Balances $1,948,640 $1,948,640 $682,316 $682,316 Reserved Fund Balances Not Itemized $1,948,640 $1,948,640 $682,316 $682,316 Sales and Services $940,619 $940,619 $940,619 $940,619 Sales and Services Not Itemized $940,619 $940,619 $940,619 $940,619 TOTAL PUBLIC FUNDS $2,889,259 $2,889,259 $1,622,935 $1,622,935 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 $0 $0 $0 $0 THURSDAY, MARCH 5, 2009 751 State General Funds $0 $0 $0 $0 TOTAL AGENCY FUNDS $90,506 $90,506 $90,506 $90,506 Royalties and Rents $90,506 $90,506 $90,506 $90,506 Royalties and Rents Not Itemized $90,506 $90,506 $90,506 $90,506 TOTAL PUBLIC FUNDS $90,506 $90,506 $90,506 $90,506 36.100-U.S. Post Office Appropriation (HB 118) 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 $90,506 Royalties and Rents $90,506 $90,506 $90,506 $90,506 Royalties and Rents Not Itemized $90,506 $90,506 $90,506 $90,506 TOTAL PUBLIC FUNDS $90,506 $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 $3,576,847 $3,576,847 $608,684 $608,684 $608,684 $4,185,531 $3,576,847 $3,576,847 $608,684 $608,684 $608,684 $4,185,531 $3,576,847 $3,576,847 $608,684 $608,684 $608,684 $4,185,531 $3,576,847 $3,576,847 $608,684 $608,684 $608,684 $4,185,531 37.1 Defer the FY09 cost of living adjustment. State General Funds ($39,203) ($39,203) ($39,203) ($39,203) 37.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($201,838) ($216,704) ($216,704) ($216,704) 37.3 Reduce funds from operations. State General Funds ($341,324) ($341,324) ($341,324) ($341,324) 37.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($29,945) $0 $0 752 JOURNAL OF THE SENATE 37.100-Administrative Hearings, Office of State Appropriation (HB 118) The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $2,994,482 $2,949,671 $2,979,616 $2,979,616 State General Funds $2,994,482 $2,949,671 $2,979,616 $2,979,616 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $3,603,166 $3,558,355 $3,588,300 $3,588,300 Health Planning Review Board Continuation Budget The purpose of this appropriation is to review decisions made by hearing officers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 38.1 Reduce funds from contracts. State General Funds ($6,047) ($6,047) 38.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($544) $60,473 $60,473 $60,473 ($6,047) ($544) $60,473 $60,473 $60,473 ($6,047) ($544) 38.100-Health Planning Review Board Appropriation (HB 118) The purpose of this appropriation is to review decisions made by hearing officers. TOTAL STATE FUNDS $54,426 $53,882 $53,882 State General Funds $54,426 $53,882 $53,882 TOTAL PUBLIC FUNDS $54,426 $53,882 $53,882 $53,882 $53,882 $53,882 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 $0 $0 $3,290,117 $0 $0 $3,290,117 $0 $0 $3,290,117 $0 $0 $3,290,117 THURSDAY, MARCH 5, 2009 753 Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $3,290,117 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $3,290,117 $3,290,117 39.100-Treasury and Fiscal Services, Office of Appropriation (HB 118) 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 $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income Not Itemized $3,290,117 $3,290,117 $3,290,117 $3,290,117 TOTAL PUBLIC FUNDS $3,290,117 $3,290,117 $3,290,117 $3,290,117 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $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 $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 $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 $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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Section Total - Final $41,427,294 $41,100,520 $41,427,294 $41,100,520 $8,049,321 $8,049,321 $8,049,321 $8,049,321 $3,384,689 $3,384,689 $663,868 $663,868 $41,348,665 $41,348,665 $8,049,321 $8,049,321 $3,384,689 $663,868 $41,298,665 $41,298,665 $8,049,321 $8,049,321 $3,384,689 $663,868 754 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS $100,000 $2,620,821 $180,000 $180,000 $53,041,304 $100,000 $2,620,821 $180,000 $180,000 $52,714,530 $100,000 $2,620,821 $180,000 $180,000 $52,962,675 $100,000 $2,620,821 $180,000 $180,000 $52,912,675 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 $3,775,613 $3,775,613 $3,775,613 $3,775,613 $3,775,613 $3,775,613 $3,775,613 $3,775,613 $3,775,613 $3,775,613 $3,775,613 $3,775,613 40.1 Reduce funds from the contract with the Board of Regents for the Athens and Tifton Veterinary Laboratories. State General Funds ($302,049) ($302,049) ($302,049) ($302,049) 40.100-Athens and Tifton Veterinary Laboratories Appropriation (HB 118) 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 $3,473,564 $3,473,564 $3,473,564 $3,473,564 State General Funds $3,473,564 $3,473,564 $3,473,564 $3,473,564 TOTAL PUBLIC FUNDS $3,473,564 $3,473,564 $3,473,564 $3,473,564 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 $24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 THURSDAY, MARCH 5, 2009 755 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135 41.1 Defer the FY09 cost of living adjustment. State General Funds ($346,718) ($346,718) ($346,718) ($346,718) 41.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,227,812) ($1,313,036) ($1,313,036) ($1,313,036) 41.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $55,250 $55,250 $55,250 $55,250 41.4 Reduce funds from operations. State General Funds ($972,833) ($972,833) ($972,833) ($972,833) 41.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($108,145) $0 $0 41.6 Increase funds for one food safety specialist and three food safety inspectors. (S:Increase funds to fill two vacant food safety inspectors and for two vehicles) State General Funds $40,000 $40,000 41.100-Consumer Protection Appropriation (HB 118) 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 $21,901,801 $21,708,432 $21,856,577 $21,856,577 State General Funds $21,901,801 $21,708,432 $21,856,577 $21,856,577 TOTAL FEDERAL FUNDS $7,199,221 $7,199,221 $7,199,221 $7,199,221 Federal Funds Not Itemized $7,199,221 $7,199,221 $7,199,221 $7,199,221 756 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $30,936,022 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $30,742,653 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $30,890,798 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $30,890,798 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,571,774 $6,571,774 $69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995 $6,571,774 $6,571,774 $69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995 $6,571,774 $6,571,774 $69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995 $6,571,774 $6,571,774 $69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995 42.1 Defer the FY09 cost of living adjustment. State General Funds ($44,054) ($44,054) ($44,054) ($44,054) 42.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($249,376) ($266,686) ($266,686) ($266,686) 42.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $37,859 $37,859 $37,859 $37,859 42.4 Reduce funds from operations. State General Funds ($868,084) ($868,084) ($868,084) ($868,084) THURSDAY, MARCH 5, 2009 757 42.5 Reduce funds by eliminating one filled and two vacant positions. State General Funds ($131,619) 42.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($131,619) ($100,000) ($131,619) ($100,000) ($131,619) ($100,000) 42.100-Departmental Administration Appropriation (HB 118) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $5,316,500 $5,199,190 $5,199,190 State General Funds $5,316,500 $5,199,190 $5,199,190 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 $5,644,721 $5,527,411 $5,527,411 $5,199,190 $5,199,190 $69,500 $69,500 $258,721 $258,721 $258,721 $5,527,411 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $8,339,788 $8,339,788 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $10,591,356 $8,339,788 $8,339,788 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $10,591,356 $8,339,788 $8,339,788 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $10,591,356 $8,339,788 $8,339,788 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $10,591,356 758 JOURNAL OF THE SENATE 43.1 Defer the FY09 cost of living adjustment. State General Funds ($40,459) ($40,459) ($40,459) ($40,459) 43.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($231,883) ($247,978) ($247,978) ($247,978) 43.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $19,252 $19,252 $19,252 $19,252 43.4 Reduce funds from operations. State General Funds ($699,692) ($699,692) ($699,692) ($699,692) 43.5 Increase funds for marketing in emerging international markets. State General Funds $50,000 $0 43.100-Marketing and Promotion Appropriation (HB 118) 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $7,387,006 $7,387,006 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $9,638,574 $7,370,911 $7,370,911 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $9,622,479 $7,420,911 $7,420,911 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $9,672,479 $7,370,911 $7,370,911 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $9,622,479 THURSDAY, MARCH 5, 2009 759 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 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 44.1 Defer the FY09 cost of living adjustment. State General Funds ($76,184) ($76,184) ($76,184) ($76,184) 44.2 Reduce funds from operations. (H and S:Restore funds for the Oakwood Lab) State General Funds ($213,729) ($213,729) ($163,729) ($163,729) 44.100-Poultry Veterinary Diagnostic Labs Appropriation (HB 118) The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS $3,348,423 $3,348,423 $3,398,423 $3,398,423 State General Funds $3,348,423 $3,348,423 $3,398,423 $3,398,423 TOTAL PUBLIC FUNDS $3,348,423 $3,348,423 $3,398,423 $3,398,423 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,815,447 $11,766,470 $11,815,447 $11,766,470 $11,815,447 $11,766,470 $11,766,470 $11,766,470 $11,766,470 $11,862,931 $11,862,931 $11,862,931 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 $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 760 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $550,974 $550,974 $550,974 $550,974 45.1 Defer the FY09 cost of living adjustment. State General Funds ($6,555) ($6,555) ($6,555) ($6,555) 45.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($30,587) ($32,840) ($32,840) ($32,840) 45.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $648 $648 $648 $648 45.4 Transfer funds from the Consumer Protection and Assistance program for expenses that are considered to be a higher priority to the agency. State General Funds $11,000 $11,000 $11,000 $11,000 45.100-Chartering, Licensing and Applications/Non-Mortgage Entities Appropriation (HB 118) 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 $525,480 $523,227 $523,227 $523,227 State General Funds $525,480 $523,227 $523,227 $523,227 TOTAL PUBLIC FUNDS $525,480 $523,227 $523,227 $523,227 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 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 46.1 Defer the FY09 cost of living adjustment. State General Funds ($6,872) ($6,872) ($6,872) ($6,872) 46.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,603 $1,603 $1,603 $1,603 THURSDAY, MARCH 5, 2009 761 46.3 Reduce funds designated for two consumer and legal affairs specialists and one administrative assistant position and transfer one legal and consumer affairs specialist to the Financial Supervision program. (S:Restore consumer protection operations for the final quarter of the fiscal year) State General Funds ($219,224) ($219,224) ($219,224) ($164,418) 46.4 Transfer funds to the Chartering, Licensing and Applications/Non-Mortgage Entities, Departmental Administration, Financial Institution Supervision, and Mortgage Supervision programs for expenses that are considered to be a higher priority to the agency. (S:Restore consumer protection operations for the final quarter of the fiscal year) State General Funds ($166,621) ($166,621) ($166,621) ($124,966) 46.100-Consumer Protection and Assistance Appropriation (HB 118) The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $269,439 $269,439 $269,439 $365,900 State General Funds $269,439 $269,439 $269,439 $365,900 TOTAL PUBLIC FUNDS $269,439 $269,439 $269,439 $365,900 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 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 47.1 Defer the FY09 cost of living adjustment. State General Funds ($21,808) ($21,808) ($21,808) ($21,808) 47.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($112,376) ($120,653) ($120,653) ($120,653) 47.3 Reduce funds by not filling a district information systems specialist position. State General Funds ($101,363) ($101,363) ($101,363) ($101,363) 47.4 Transfer funds from the Consumer Protection and Assistance program for expenses that are considered to be a higher priority to the agency. State General Funds $16,745 $16,745 $16,745 $16,745 762 JOURNAL OF THE SENATE 47.100-Departmental Administration Appropriation (HB 118) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,870,300 $1,862,023 $1,862,023 State General Funds $1,870,300 $1,862,023 $1,862,023 TOTAL PUBLIC FUNDS $1,870,300 $1,862,023 $1,862,023 $1,862,023 $1,862,023 $1,862,023 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 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 48.1 Defer the FY09 cost of living adjustment. State General Funds ($87,276) ($87,276) ($87,276) ($87,276) 48.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($422,242) ($453,342) ($453,342) ($453,342) 48.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $43,163 $43,163 $43,163 $43,163 48.4 Transfer funds from the Consumer Protection and Assistance program for expenses that are considered to be a higher priority to the agency. State General Funds $122,876 $122,876 $122,876 $122,876 48.5 Reduce funds from travel. State General Funds ($1,500) ($1,500) ($1,500) ($1,500) 48.100-Financial Institution Supervision Appropriation (HB 118) 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 $7,412,414 $7,381,314 $7,381,314 $7,381,314 THURSDAY, MARCH 5, 2009 763 State General Funds TOTAL PUBLIC FUNDS $7,412,414 $7,412,414 $7,381,314 $7,381,314 $7,381,314 $7,381,314 $7,381,314 $7,381,314 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 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 49.1 Defer the FY09 cost of living adjustment. State General Funds ($18,077) ($18,077) ($18,077) ($18,077) 49.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($99,743) ($107,090) ($107,090) ($107,090) 49.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $883 $883 $883 $883 49.4 Transfer funds from the Consumer Protection and Assistance program for expenses that are considered to be a higher priority to the agency. State General Funds $16,000 $16,000 $16,000 $16,000 49.5 Reduce funds from travel. State General Funds ($1,500) ($1,500) ($1,500) ($1,500) 49.100-Mortgage Supervision Appropriation (HB 118) 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 $1,737,814 $1,737,814 $1,737,814 $1,730,467 $1,730,467 $1,730,467 $1,730,467 $1,730,467 $1,730,467 $1,730,467 $1,730,467 $1,730,467 764 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 Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 $100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 $100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 $100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $36,606,737 $30,285,367 $32,897,591 $26,576,221 $3,709,146 $3,709,146 $167,079,288 $167,079,288 $166,979,288 $166,979,288 $100,000 $100,000 $14,398,524 $14,398,524 $3,475,083 $3,475,083 $8,738,924 $8,738,924 $546,221 $546,221 $1,638,296 $1,638,296 $218,084,549 $211,763,179 $22,788,812 $22,788,812 $167,079,288 $166,979,288 $100,000 $14,550,665 $3,475,083 $8,738,924 $546,221 $1,790,437 $204,418,765 $24,906,101 $24,906,101 $167,079,288 $166,979,288 $100,000 $14,725,665 $3,475,083 $8,913,924 $546,221 $1,790,437 $206,711,054 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 $314,573 $314,573 $314,573 $314,573 THURSDAY, MARCH 5, 2009 765 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $314,573 $239,704 $239,704 $239,704 $554,277 $314,573 $239,704 $239,704 $239,704 $554,277 $314,573 $239,704 $239,704 $239,704 $554,277 $314,573 $239,704 $239,704 $239,704 $554,277 50.1 Defer the FY09 cost of living adjustment. State General Funds ($3,428) ($3,428) ($3,428) ($3,428) 50.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($16,215) ($17,409) ($17,409) ($17,409) 50.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $630 $630 $630 $630 50.4 Reduce funds for one consultant position and fund with existing agency funds. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($56,641) ($56,641) ($56,641) $56,641 $0 ($56,641) $56,641 $0 50.5 Reduce funds from contracts for training on Georgia's construction codes for building inspectors and builders. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 50.100-Building Construction Appropriation (HB 118) 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 $208,919 $208,919 $239,704 $239,704 $239,704 $448,623 $207,725 $207,725 $239,704 $239,704 $239,704 $447,429 $207,725 $207,725 $296,345 $296,345 $296,345 $504,070 $207,725 $207,725 $296,345 $296,345 $296,345 $504,070 766 JOURNAL OF THE SENATE 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 $3,850,247 $3,850,247 $50,918 $50,918 $50,918 $3,901,165 $3,850,247 $3,850,247 $50,918 $50,918 $50,918 $3,901,165 $3,850,247 $3,850,247 $50,918 $50,918 $50,918 $3,901,165 $3,850,247 $3,850,247 $50,918 $50,918 $50,918 $3,901,165 51.1 Defer the FY09 cost of living adjustment. State General Funds ($20,741) ($20,741) ($20,741) ($20,741) 51.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($97,081) ($100,334) ($100,334) ($100,334) 51.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,936 $1,936 $1,936 $1,936 51.4 Reduce funds from the development and maintenance of the Georgia Comprehensive Plan Builder. State General Funds ($59,071) ($59,071) ($59,071) ($59,071) 51.5 Reduce funds from contracts for the Coastal Comprehensive Plan. State General Funds ($18,000) ($18,000) ($18,000) ($18,000) 51.6 Reduce funds by eliminating two vacant planner positions. State General Funds ($116,755) ($116,755) ($116,755) ($116,755) 51.7 Reduce funds from contracts with the Regional Development Centers. State General Funds ($99,785) ($99,785) ($99,785) ($99,785) 51.100-Coordinated Planning Appropriation (HB 118) The purpose of this appropriation is to give communities the information, assistance, tools and funding needed to successfully THURSDAY, MARCH 5, 2009 767 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 $3,440,750 $3,437,497 $3,437,497 $3,437,497 State General Funds $3,440,750 $3,437,497 $3,437,497 $3,437,497 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 $3,491,668 $3,488,415 $3,488,415 $3,488,415 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,571,760 $2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,571,760 $2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,571,760 $2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,571,760 52.1 Defer the FY09 cost of living adjustment. State General Funds ($17,441) ($17,441) ($17,441) ($17,441) 52.2 Defer structure adjustments to the statewide salary plan. State General Funds ($1,886) ($1,886) ($1,886) ($1,886) 52.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($91,661) ($98,413) ($98,413) ($98,413) 768 JOURNAL OF THE SENATE 52.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $37,841 $37,841 $37,841 $37,841 52.5 Reduce funds from two positions and fund with fees received from local and state authorities for administering the Georgia Allocation System. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($95,500) ($95,500) ($95,500) $95,500 $0 ($95,500) $95,500 $0 52.6 Reduce funds from temporary positions. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 52.7 Reduce funds from personnel. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 52.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($211,748) ($211,748) ($211,748) 52.100-Departmental Administration Appropriation (HB 118) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,849,710 $1,849,710 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,188,113 $1,631,210 $1,631,210 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $4,969,613 $1,631,210 $1,631,210 $1,611,802 $1,611,802 $1,822,101 $83,091 $83,091 $1,371,273 $1,371,273 $367,737 $367,737 $5,065,113 $1,631,210 $1,631,210 $1,611,802 $1,611,802 $1,822,101 $83,091 $83,091 $1,371,273 $1,371,273 $367,737 $367,737 $5,065,113 THURSDAY, MARCH 5, 2009 769 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $1,058,445 $1,058,445 $6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925 $1,058,445 $1,058,445 $6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925 $1,058,445 $1,058,445 $6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925 $1,058,445 $1,058,445 $6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925 53.1 Defer the FY09 cost of living adjustment. State General Funds ($7,328) ($7,328) ($7,328) ($7,328) 53.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($52,020) ($55,851) ($55,851) ($55,851) 53.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,639 $1,639 $1,639 $1,639 53.4 Reduce funds by eliminating one vacant human services program auditor position. State General Funds ($53,000) ($53,000) ($53,000) ($53,000) 53.5 Reduce funds from contracts for the litter initiative studies. State General Funds ($54,000) ($54,000) ($54,000) ($54,000) 53.100-Environmental Education and Assistance Appropriation (HB 118) The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $893,736 $889,905 $889,905 $889,905 State General Funds $893,736 $889,905 $889,905 $889,905 TOTAL FEDERAL FUNDS $6,000 $6,000 $6,000 $6,000 Federal Funds Not Itemized $6,000 $6,000 $6,000 $6,000 TOTAL AGENCY FUNDS $3,380,480 $3,380,480 $3,380,480 $3,380,480 770 JOURNAL OF THE SENATE Reserved Fund Balances $3,380,480 $3,380,480 $3,380,480 $3,380,480 Reserved Fund Balances Not Itemized $3,380,480 $3,380,480 $3,380,480 $3,380,480 TOTAL PUBLIC FUNDS $4,280,216 $4,276,385 $4,276,385 $4,276,385 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 $2,066,924 $2,066,924 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,461,921 $2,066,924 $2,066,924 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,461,921 $2,066,924 $2,066,924 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,461,921 $2,066,924 $2,066,924 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,461,921 54.1 Defer the FY09 cost of living adjustment. State General Funds ($20,467) ($20,467) ($20,467) ($20,467) 54.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($57,134) ($61,342) ($61,342) ($61,342) 54.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,961 $2,961 $2,961 $2,961 54.4 Reduce funds by eliminating one vacant assistant commissioner position. State General Funds ($167,971) ($167,971) ($167,971) ($167,971) 54.5 Reduce funds from personnel. State General Funds ($65,000) ($65,000) ($65,000) ($65,000) 54.6 Reduce funds from Hands on Georgia challenge grants. State General Funds ($50,000) ($50,000) THURSDAY, MARCH 5, 2009 771 54.100-Federal Community and Economic Development Programs Appropriation (HB 118) The purpose of this appropriation is to administer incentive programs and education programs as well as provide technical assistance in the area of economic development to local governments, development authorities, and private for-profit entities. TOTAL STATE FUNDS $1,759,313 $1,755,105 $1,705,105 $1,705,105 State General Funds $1,759,313 $1,755,105 $1,705,105 $1,705,105 TOTAL FEDERAL FUNDS $45,085,410 $45,085,410 $45,085,410 $45,085,410 Federal Funds Not Itemized $45,085,410 $45,085,410 $45,085,410 $45,085,410 TOTAL AGENCY FUNDS $309,587 $309,587 $309,587 $309,587 Intergovernmental Transfers $243,318 $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 $243,318 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 $47,154,310 $47,150,102 $47,100,102 $47,100,102 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 FEDERAL FUNDS $794,163 $794,163 $794,163 $794,163 Federal Funds Not Itemized $794,163 $794,163 $794,163 $794,163 TOTAL AGENCY FUNDS $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers Not Itemized $3,837,828 $3,837,828 $3,837,828 $3,837,828 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 $4,631,991 55.100-Homeownership Programs Appropriation (HB 118) 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 FEDERAL FUNDS $794,163 $794,163 $794,163 $794,163 Federal Funds Not Itemized $794,163 $794,163 $794,163 $794,163 TOTAL AGENCY FUNDS $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers Not Itemized $3,837,828 $3,837,828 $3,837,828 $3,837,828 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 $4,631,991 772 JOURNAL OF THE SENATE 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 State General Funds TOTAL PUBLIC FUNDS 56.1 Reduce funds to reflect the revised revenue estimate. State General 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 ($6,000,000) ($6,000,000) ($6,000,000) 56.100-Local Assistance Grants Appropriation (HB 118) 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 $6,000,000 State General Funds $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 Regional Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $2,435,333 $2,435,333 $500,000 $500,000 $500,000 $2,935,333 $2,435,333 $2,435,333 $500,000 $500,000 $500,000 $2,935,333 $2,435,333 $2,435,333 $500,000 $500,000 $500,000 $2,935,333 $2,435,333 $2,435,333 $500,000 $500,000 $500,000 $2,935,333 57.1 Defer the FY09 cost of living adjustment. State General Funds ($17,999) ($17,999) ($17,999) ($17,999) 57.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($109,749) ($117,832) ($117,832) ($117,832) THURSDAY, MARCH 5, 2009 773 57.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,810 $1,810 $1,810 $1,810 57.4 Reduce funds from grants for local governments through the Signature Communities program. (H and S:Reduce funds from grants for local governments through the Signature Communities and Communities of Opportunity programs and fund Communities of Opportunity grants through the OneGeorgia Authority) State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($175,000) ($175,000) ($350,000) ($350,000) $175,000 ($175,000) 57.5 Reduce funds by eliminating one vacant resource coordinator position. State General Funds ($38,495) ($38,495) ($38,495) ($38,495) 57.6 Reduce one-time funds received in HB990 (FY09G) for the Georgia Rural Water Association Fluoridation program. (H and S:Partially restore funds for the Georgia Rural Water Association) State General Funds ($100,000) ($100,000) ($50,000) ($50,000) 57.7 Reduce funds from contracts for leadership development. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 57.8 Reduce funds from operations. State General Funds ($27,390) ($27,390) ($27,390) ($27,390) 57.9 Reduce funds and transfer two rural economic development positions for the final quarter of FY09 to the OneGeorgia Authority. State General Funds ($42,490) ($42,490) 57.100-Regional Services Appropriation (HB 118) 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 $1,943,510 $1,935,427 $1,767,937 $1,767,937 State General Funds $1,943,510 $1,935,427 $1,767,937 $1,767,937 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 $675,000 Intergovernmental Transfers $500,000 $500,000 $500,000 $675,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 $675,000 TOTAL PUBLIC FUNDS $2,443,510 $2,435,427 $2,267,937 $2,442,937 774 JOURNAL OF THE SENATE 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875 $546,221 $546,221 $124,563,655 $3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875 $546,221 $546,221 $124,563,655 $3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875 $546,221 $546,221 $124,563,655 $3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875 $546,221 $546,221 $124,563,655 58.1 Reduce funds from the state match for the federal Affordable HOME program. State General Funds ($346,561) ($346,561) ($346,561) ($346,561) 58.100-Rental Housing Programs Appropriation (HB 118) 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 $2,941,268 $2,941,268 $2,941,268 $2,941,268 State General Funds $2,941,268 $2,941,268 $2,941,268 $2,941,268 TOTAL FEDERAL FUNDS $118,208,730 $118,208,730 $118,208,730 $118,208,730 Federal Funds Not Itemized $118,208,730 $118,208,730 $118,208,730 $118,208,730 TOTAL AGENCY FUNDS $3,067,096 $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers $2,520,875 $2,520,875 $2,520,875 $2,520,875 Intergovernmental Transfers Not Itemized $2,520,875 $2,520,875 $2,520,875 $2,520,875 Rebates, Refunds, and Reimbursements $546,221 $546,221 $546,221 $546,221 Rebates, Refunds, and Reimbursements Not Itemized $546,221 $546,221 $546,221 $546,221 TOTAL PUBLIC FUNDS $124,217,094 $124,217,094 $124,217,094 $124,217,094 Research and Surveys Continuation Budget The purpose of this appropriation is to conduct surveys and collect financial/management data from local governments and THURSDAY, MARCH 5, 2009 775 authorities as directed by statute. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $629,847 $629,847 $24,163 $24,163 $24,163 $654,010 $629,847 $629,847 $24,163 $24,163 $24,163 $654,010 $629,847 $629,847 $24,163 $24,163 $24,163 $654,010 $629,847 $629,847 $24,163 $24,163 $24,163 $654,010 59.1 Defer the FY09 cost of living adjustment. State General Funds ($6,000) ($6,000) ($6,000) ($6,000) 59.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($30,537) ($32,786) ($32,786) ($32,786) 59.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $809 $809 $809 $809 59.4 Reduce funds by eliminating temporary positions. State General Funds ($17,500) ($17,500) ($17,500) ($17,500) 59.5 Reduce funds from contracts for data collection and database management. State General Funds ($20,693) ($20,693) ($20,693) ($20,693) 59.6 Reduce funds from operations. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 59.100-Research and Surveys Appropriation (HB 118) 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 $530,926 $528,677 $528,677 $528,677 State General Funds $530,926 $528,677 $528,677 $528,677 TOTAL AGENCY FUNDS $24,163 $24,163 $24,163 $24,163 Sales and Services $24,163 $24,163 $24,163 $24,163 Sales and Services Not Itemized $24,163 $24,163 $24,163 $24,163 TOTAL PUBLIC FUNDS $555,089 $552,840 $552,840 $552,840 776 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 FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 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 $3,632,892 $3,632,892 $1,354,596 $1,254,596 $100,000 $100,000 $1,107,466 $11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954 $3,632,892 $3,632,892 $1,354,596 $1,254,596 $100,000 $100,000 $1,107,466 $11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954 $3,632,892 $3,632,892 $1,354,596 $1,254,596 $100,000 $100,000 $1,107,466 $11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954 $3,632,892 $3,632,892 $1,354,596 $1,254,596 $100,000 $100,000 $1,107,466 $11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954 60.1 Reduce one-time funds received in HB990 (FY09G) for the State Housing Trust Fund for contract caseworkers to assist homeless families in achieving housing stability. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 60.100-Special Housing Initiatives Appropriation (HB 118) 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 FEDERAL FUNDS $1,354,596 $1,354,596 $1,354,596 Federal Funds Not Itemized $1,254,596 $1,254,596 $1,254,596 Temporary Assistance for Needy Families $100,000 $100,000 $100,000 Temporary Assistance for Needy Families Grant CFDA93.558 $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $1,107,466 $1,107,466 $1,107,466 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 $3,332,892 $3,332,892 $1,354,596 $1,254,596 $100,000 $100,000 $1,107,466 $11,512 $11,512 $110,949 $110,949 THURSDAY, MARCH 5, 2009 777 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $985,005 $985,005 $5,794,954 $985,005 $985,005 $5,794,954 $985,005 $985,005 $5,794,954 $985,005 $985,005 $5,794,954 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,395,728 $2,395,728 $5,000 $5,000 $2,400,728 $2,395,728 $2,395,728 $5,000 $5,000 $2,400,728 $2,395,728 $2,395,728 $5,000 $5,000 $2,400,728 $2,395,728 $2,395,728 $5,000 $5,000 $2,400,728 61.1 Defer the FY09 cost of living adjustment. State General Funds ($11,999) ($11,999) ($11,999) ($11,999) 61.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($64,164) ($68,890) ($68,890) ($68,890) 61.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,424 $2,424 $2,424 $2,424 61.4 Reduce one-time funds received in HB990 (FY09G) for an Emergency Operations Center Facility in Fayette County. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 61.5 Reduce one-time funds received in HB990 (FY09G) for a Americans with Disabilities Act (ADA) compliant regional athletic facility in Hall County. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 61.6 Reduce one-time funds received in HB990 (FY09G) for the City of Porterdale Community Center Gymnasium reconstruction. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 61.7 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Tift County Multipurpose Livestock Building. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 778 JOURNAL OF THE SENATE 61.8 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Jeff Davis County Multipurpose Livestock Building. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) 61.9 Reduce funds from the Rural Development Council. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 61.10 Reduce funds from contracts. (S:Reduce funds from operations) State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 61.100-State Community Development Programs Appropriation (HB 118) 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 $1,241,989 $1,237,263 $1,237,263 $1,237,263 State General Funds $1,241,989 $1,237,263 $1,237,263 $1,237,263 TOTAL FEDERAL FUNDS $5,000 $5,000 $5,000 $5,000 Federal Funds Not Itemized $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $1,246,989 $1,242,263 $1,242,263 $1,242,263 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 $8,939,055 $8,939,055 $13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323 $8,939,055 $8,939,055 $13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323 $8,939,055 $8,939,055 $13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323 $8,939,055 $8,939,055 $13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323 62.1 Defer the FY09 cost of living adjustment. State General Funds ($1,063) ($1,063) ($1,063) ($1,063) 62.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits THURSDAY, MARCH 5, 2009 779 (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($3,897) ($3,897) ($3,897) ($3,897) 62.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,015 $1,015 $1,015 $1,015 62.4 Eliminate funds for the Georgia Cities grant due to the completion of the state's commitment to provide a dollar for dollar match with a private foundation. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 62.5 Reduce funds from the Life Sciences Facilities Fund (LSFF). (S:Eliminate the LSFF and transfer remaining reserves ($10,342,260) to the REBA program) State General Funds ($4,403,282) ($4,403,282) ($4,403,282) ($4,403,282) 62.6 Reduce funds from the Regional Economic Business Assistance (REBA) program. State General Funds ($2,917,289) ($1,000,000) 62.100-State Economic Development Program Appropriation (HB 118) 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 $3,031,828 $3,031,828 $114,539 $2,031,828 State General Funds $3,031,828 $3,031,828 $114,539 $2,031,828 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $3,200,096 $3,200,096 $282,807 $2,200,096 Payments to Georgia Environmental Facilities Authority Continuation Budget The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $11,725,014 $11,725,014 $11,725,014 $11,725,014 $11,725,014 $11,725,014 $11,725,014 $11,725,014 $11,725,014 $11,725,014 $11,725,014 $11,725,014 780 JOURNAL OF THE SENATE 63.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($22,384) ($24,033) ($24,033) ($24,033) 63.2 Reduce funds from water and sewer infrastructure grants. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 63.3 Reduce funds from the Land Conservation program. State General Funds ($10,000,000) ($10,000,000) ($10,000,000) ($10,000,000) 63.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($16,026) ($16,026) ($16,026) 63.5 Reduce funds from the State Energy Strategy ($477,616), dues for the Southern States Energy Board ($35,782), and one position to coordinate energy savings programs added in HB990 (FY09G) ($139,232). (S:Restore $200,000 for the State Energy Strategy) State General Funds ($652,630) ($452,630) 63.100-Payments to Georgia Environmental Facilities Authority Appropriation (HB 118) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $1,602,630 $1,584,955 $932,325 $1,132,325 State General Funds $1,602,630 $1,584,955 $932,325 $1,132,325 TOTAL PUBLIC FUNDS $1,602,630 $1,584,955 $932,325 $1,132,325 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 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 64.1 Defer the FY09 cost of living adjustment. State General Funds ($52,736) ($52,736) ($52,736) ($52,736) 64.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) THURSDAY, MARCH 5, 2009 781 State General Funds ($223,340) 64.3 Reduce funds from operations and utilize existing agency funds. State General Funds ($461,104) 64.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($239,790) ($461,104) ($41,201) ($239,790) ($461,104) ($41,201) ($239,790) ($461,104) ($41,201) 64.100-Payments to Georgia Regional Transportation Authority Appropriation (HB 118) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,120,120 $4,062,469 $4,062,469 State General Funds $4,120,120 $4,062,469 $4,062,469 TOTAL PUBLIC FUNDS $4,120,120 $4,062,469 $4,062,469 $4,062,469 $4,062,469 $4,062,469 Payments to OneGeorgia Authority Continuation Budget The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 $47,123,333 $0 $47,123,333 $47,123,333 $47,123,333 $0 $47,123,333 $47,123,333 $47,123,333 $0 $47,123,333 $47,123,333 65.1 Reduce funds from grant programs and utilize existing agency funds. (S:Utilize reserves to fund Georgia Centers of Innovation at current levels) Tobacco Settlement Funds ($43,414,187) ($43,414,187) ($47,123,333) ($47,123,333) 65.2 Transfer funds for implementation grants for the Communities of Opportunity program to the Department of Community Affairs using existing funds. (S:YES) Tobacco Settlement Funds $0 65.3 Transfer funds and two rural economic development positions from the Department of Community Affairs for the final quarter of FY09 and fund with existing funds. (S:YES) Tobacco Settlement Funds $0 65.100-Payments to OneGeorgia Authority Appropriation (HB 118) The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $3,709,146 $3,709,146 782 JOURNAL OF THE SENATE Tobacco Settlement Funds TOTAL PUBLIC FUNDS 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 Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $3,709,146 $3,709,146 $3,709,146 $3,709,146 Section Total - Continuation $2,514,291,820 $2,514,291,820 $2,514,291,820 $2,514,291,820 $2,452,718,164 $2,452,718,164 $2,452,718,164 $2,452,718,164 $61,573,656 $61,573,656 $61,573,656 $61,573,656 $5,556,721,455 $5,556,721,455 $5,556,721,455 $5,556,721,455 $5,238,720,909 $5,238,720,909 $5,238,720,909 $5,238,720,909 $318,000,546 $318,000,546 $318,000,546 $318,000,546 $451,836,140 $451,836,140 $451,836,140 $451,836,140 $235,246,152 $235,246,152 $235,246,152 $235,246,152 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $2,532,160 $2,532,160 $2,532,160 $2,532,160 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $11,500,417,855 $11,500,417,855 $11,500,417,855 $11,500,417,855 Section Total - Final $2,350,221,089 $1,923,419,840 $1,930,530,487 $1,930,530,487 $2,239,450,913 $1,812,649,664 $1,816,051,165 $1,816,201,165 $110,770,176 $110,770,176 $114,479,322 $114,329,322 $5,410,929,954 $5,835,887,731 $5,835,706,444 $5,835,706,444 $5,157,891,139 $5,582,848,916 $5,582,667,629 $5,582,667,629 $253,038,815 $253,038,815 $253,038,815 $253,038,815 $530,528,872 $530,528,872 $466,656,454 $466,656,454 $313,938,884 $313,938,884 $250,066,466 $250,066,466 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $2,532,160 $2,532,160 $2,532,160 $2,532,160 $2,737,086,112 $2,609,495,852 $2,609,218,632 $2,489,142,227 $2,737,086,112 $2,609,495,852 $2,609,218,632 $2,489,142,227 $11,028,766,027 $10,899,332,295 $10,842,112,017 $10,722,035,612 THURSDAY, MARCH 5, 2009 783 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 State General Funds TOTAL PUBLIC FUNDS $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 66.1 Defer the FY09 cost of living adjustment. State General Funds ($25,270) ($25,270) ($25,270) ($25,270) 66.2 Defer structure adjustments to the statewide salary plan. State General Funds ($282) ($282) ($282) ($282) 66.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($117,851) ($126,531) ($126,531) ($126,531) 66.4 Reduce funds from case reviews and medical peer reviews. State General Funds ($64,000) ($64,000) ($64,000) ($64,000) 66.5 Reduce funds from operations. State General Funds ($60,821) ($60,821) ($60,821) ($60,821) 66.6 Reduce funds from hearing-related expenses. State General Funds ($57,000) ($57,000) ($57,000) ($57,000) 66.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($20,696) ($20,696) ($20,696) 66.100-Composite Board of Medical Examiners Appropriation (HB 118) 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 $2,069,625 $2,040,249 $2,040,249 $2,040,249 State General Funds $2,069,625 $2,040,249 $2,040,249 $2,040,249 TOTAL PUBLIC FUNDS $2,069,625 $2,040,249 $2,040,249 $2,040,249 784 JOURNAL OF THE SENATE Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035 $232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973 $106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035 $232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973 $106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035 $232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973 $106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035 $232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973 67.1 Defer the FY09 cost of living adjustment. State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS ($224,411) ($197,775) ($87,814) ($510,000) ($224,411) ($197,775) ($87,814) ($510,000) ($224,411) ($197,775) ($87,814) ($510,000) ($224,411) ($197,775) ($87,814) ($510,000) 67.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS ($780,734) ($761,692) ($361,804) ($1,904,230) ($838,238) ($761,692) ($84,584) ($1,684,514) ($838,238) ($761,692) ($361,804) ($1,961,734) ($838,238) ($761,692) ($361,804) ($1,961,734) 67.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $57,047 $57,047 $57,047 $57,047 67.4 Reduce funds from under-utilized contracts. State General Funds ($10,193,410) ($10,193,410) ($10,193,410) ($10,193,410) THURSDAY, MARCH 5, 2009 785 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($12,495,099) ($12,495,099) ($12,495,099) ($12,495,099) ($22,688,509) ($22,688,509) ($22,688,509) ($22,688,509) 67.5 Reduce funds by not filling vacant positions. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,064,215) ($1,064,215) ($2,128,430) ($1,064,215) ($1,064,215) ($2,128,430) ($1,064,215) ($1,064,215) ($2,128,430) ($1,064,215) ($1,064,215) ($2,128,430) 67.6 Reduce funds from operations. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,389,180) ($1,389,180) ($2,778,360) ($1,389,180) ($1,389,180) ($2,778,360) ($1,389,180) ($1,389,180) ($2,778,360) ($1,389,180) ($1,389,180) ($2,778,360) 67.7 Reduce funds received in HB990 (FY09G) for the Health Information Exchange (HIE) contract. (H and S:Continue the implementation of the HIE pilot program) State General Funds ($500,000) ($500,000) $0 $0 67.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,243,141) $0 67.100-Departmental Administration and Program Support Appropriation (HB 118) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $92,827,509 $91,526,864 $93,270,005 State General Funds $92,827,509 $91,526,864 $93,270,005 TOTAL FEDERAL FUNDS $286,433,958 $286,433,958 $286,433,958 Medical Assistance Program CFDA93.778 $263,279,923 $263,279,923 $263,279,923 State Children's Insurance Program CFDA93.767 $23,154,035 $23,154,035 $23,154,035 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,863,864 $22,141,084 $21,863,864 State Funds Transfers $21,863,864 $22,141,084 $21,863,864 Health Insurance Payments $21,863,864 $22,141,084 $21,863,864 TOTAL PUBLIC FUNDS $401,357,491 $400,334,066 $401,799,987 $0 $93,270,005 $93,270,005 $286,433,958 $263,279,923 $23,154,035 $232,160 $232,160 $232,160 $21,863,864 $21,863,864 $21,863,864 $401,799,987 Health Care Access and Improvement Continuation Budget The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. 786 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 68.1 Defer the FY09 cost of living adjustment. $25,584,060 $14,984,060 $10,600,000 $588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898 $25,584,060 $14,984,060 $10,600,000 $588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898 $25,584,060 $14,984,060 $10,600,000 $588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898 $25,584,060 $14,984,060 $10,600,000 $588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898 State General Funds ($6,488) ($6,488) ($6,488) ($6,488) Medical Assistance Program CFDA93.778 ($65) ($65) ($65) ($65) TOTAL PUBLIC FUNDS ($6,553) ($6,553) ($6,553) ($6,553) 68.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($158,409) ($170,077) ($170,077) ($170,077) Medical Assistance Program CFDA93.778 ($1,625) ($1,625) ($1,625) ($1,625) TOTAL PUBLIC FUNDS ($160,034) ($171,702) ($171,702) ($171,702) 68.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $117 $117 $117 $117 68.4 Reduce funds from the Office of Rural Health Community Service grants. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 68.5 Reduce funds received in HB990 (FY09G) for the Southeastern Firefighters' Burn Foundation grant. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 68.6 Reduce funds received in HB990 (FY09G) and defer the contract with the Georgia Association of Primary Health Care. (H and S:Provide funds for the Georgia Association for Primary Health Care for start up expenses incurred by new Community Health Centers at the following sites: Montgomery County, Jones County, Clarke County and Effingham County and for expenses associated with behavioral health services integration incurred by the following Community Health Centers: Georgia Highlands Medical Services, lnc., TenderCare Clinic, West End Medical Centers, lnc., and Palmetto Health Council, lnc.) THURSDAY, MARCH 5, 2009 787 State General Funds ($2,000,000) ($2,000,000) $0 $0 68.7 Reduce funds received in HB990 (FY09G) and defer the creation and enhancement of the SafetyNet Clinics. State General Funds ($950,000) ($950,000) ($950,000) ($950,000) 68.8 Reduce funds received in HB990 (FY09G) for the establishment of the Georgia Health Marketplace Authority per SB404 (2008 Session) that failed to pass. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000) 68.9 Reduce funds received in HB990 (FY09G) and defer the establishment of the Georgia Wellness Incentive Pilot Program. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 68.10 Reduce funds received in HB990 (FY09G) and defer the Rural Health Initiative. Tobacco Settlement Funds ($10,600,000) ($10,600,000) ($10,600,000) ($10,600,000) 68.100-Health Care Access and Improvement Appropriation (HB 118) The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $9,069,280 $9,057,612 $11,057,612 State General Funds $9,069,280 $9,057,612 $11,057,612 TOTAL FEDERAL FUNDS $587,148 $587,148 $587,148 Medical Assistance Program CFDA93.778 $587,148 $587,148 $587,148 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 $9,756,428 $9,744,760 $11,744,760 $11,057,612 $11,057,612 $587,148 $587,148 $100,000 $100,000 $100,000 $11,744,760 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 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers $0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 788 JOURNAL OF THE SENATE Hospital Authorities Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $139,386,524 $2,200,000 $2,200,000 $398,662,493 $139,386,524 $2,200,000 $2,200,000 $398,662,493 $139,386,524 $2,200,000 $2,200,000 $398,662,493 $139,386,524 $2,200,000 $2,200,000 $398,662,493 69.1 Increase funds to provide the state match for federally deemed private hospitals in Georgia that qualify for a Disproportionate Share Hospital (DSH) payment. (H and S:Provide the state match for federal DSH funds for private hospitals providing access to Georgia's uninsured citizens) State General Funds $7,000,000 $7,000,000 $13,718,752 $13,718,752 69.100-Indigent Care Trust Fund Appropriation (HB 118) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $7,000,000 $7,000,000 $13,718,752 $13,718,752 State General Funds $7,000,000 $7,000,000 $13,718,752 $13,718,752 TOTAL FEDERAL FUNDS $257,075,969 $257,075,969 $257,075,969 $257,075,969 Medical Assistance Program CFDA93.778 $257,075,969 $257,075,969 $257,075,969 $257,075,969 TOTAL AGENCY FUNDS $141,586,524 $141,586,524 $141,586,524 $141,586,524 Intergovernmental Transfers $139,386,524 $139,386,524 $139,386,524 $139,386,524 Hospital Authorities $139,386,524 $139,386,524 $139,386,524 $139,386,524 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 $405,662,493 $405,662,493 $412,381,245 $412,381,245 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 $1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737 $126,215,406 $63,872,418 $63,872,418 $62,342,988 $1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737 $126,215,406 $63,872,418 $63,872,418 $62,342,988 $1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737 $126,215,406 $63,872,418 $63,872,418 $62,342,988 $1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737 $126,215,406 $63,872,418 $63,872,418 $62,342,988 THURSDAY, MARCH 5, 2009 789 Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,998,933,946 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,998,933,946 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,998,933,946 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,998,933,946 70.1 Reduce funds received in HB990 (FY09G) and defer the ambulance reimbursement rate increase. 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) ($1,400,743) ($2,505,400) ($3,906,143) ($1,400,743) ($2,505,400) ($3,906,143) 70.2 Reduce funds received in HB990 (FY09G) and defer the 2.5% dental reimbursement rate increase. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($90,553) ($161,965) ($252,518) ($90,553) ($161,965) ($252,518) ($90,553) ($161,965) ($252,518) ($90,553) ($161,965) ($252,518) 70.3 Reduce funds received in HB990 (FY09G) and defer the rate increases for home health services. 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) ($1,136,283) ($2,032,381) ($3,168,664) 70.4 Reduce funds received in HB990 (FY09G) and defer the rate increases for inpatient and outpatient hospital reimbursement. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($8,669,645) ($15,506,721) ($24,176,366) ($8,669,645) ($15,506,721) ($24,176,366) ($8,669,645) ($15,506,721) ($24,176,366) ($8,669,645) ($15,506,721) ($24,176,366) 70.5 Reduce funds received in HB990 (FY09G) and defer the rate increases for physicians including updating the Resource Based Relative Value Scale (RBRVS), Healthcheck, digital mammography and global delivery. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($3,988,687) ($7,134,255) ($11,122,942) ($3,988,687) ($7,134,255) ($11,122,942) ($3,988,687) ($7,134,255) ($11,122,942) ($3,988,687) ($7,134,255) ($11,122,942) 70.6 Reduce funds received in HB990 (FY09G) and defer the rate increases for personal support services in the Independent Care Waiver Program (ICWP). State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($354,680) ($634,389) ($989,069) ($354,680) ($634,389) ($989,069) ($354,680) ($634,389) ($989,069) ($354,680) ($634,389) ($989,069) 790 JOURNAL OF THE SENATE 70.7 Reduce funds to reflect savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($799,673) ($1,430,313) ($2,229,986) ($799,673) ($1,430,313) ($2,229,986) ($799,673) ($1,430,313) ($2,229,986) ($799,673) ($1,430,313) ($2,229,986) 70.8 Reduce funds received in HB990 (FY09G) and defer the conversion to Fair Rental Value Scale (FRVS) indices for the nursing home per diem rate. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($12,658,580) ($22,641,420) ($35,300,000) ($12,658,580) ($22,641,420) ($35,300,000) ($12,658,580) ($22,641,420) ($35,300,000) ($12,658,580) ($22,641,420) ($35,300,000) 70.9 Reduce funds received in HB990 (FY09G) and defer the cost report update and 1% quality incentive payment for nursing facilities. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($6,784,574) ($12,135,041) ($18,919,615) ($6,784,574) ($12,135,041) ($18,919,615) ($6,784,574) ($12,135,041) ($18,919,615) ($6,784,574) ($12,135,041) ($18,919,615) 70.10 Reduce funds by delaying the implementation of seventy-five new Independent Care Waiver Program (ICWP) slots until January 1, 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($586,822) ($1,049,603) ($1,636,425) ($586,822) ($1,049,603) ($1,636,425) ($586,822) ($1,049,603) ($1,636,425) ($586,822) ($1,049,603) ($1,636,425) 70.11 Reduce funds to reflect the projected FY09 surplus. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($18,030,020) ($32,248,898) ($50,278,918) ($18,030,020) ($32,248,898) ($50,278,918) ($18,030,020) ($32,248,898) ($50,278,918) ($18,030,020) ($32,248,898) ($50,278,918) 70.12 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,931,710) ($3,455,100) ($5,386,810) ($1,931,710) ($3,455,100) ($5,386,810) ($1,931,710) ($3,455,100) ($5,386,810) ($1,931,710) ($3,455,100) ($5,386,810) 70.13 Reduce funds to recognize additional savings from fraud and abuse recoveries. State General Funds Medical Assistance Program CFDA93.778 ($1,326,011) ($2,371,733) ($1,326,011) ($2,371,733) ($1,326,011) ($2,371,733) ($1,326,011) ($2,371,733) THURSDAY, MARCH 5, 2009 791 TOTAL PUBLIC FUNDS ($3,697,744) ($3,697,744) ($3,697,744) ($3,697,744) 70.14 Replace funds to reflect additional Incurred But Not Reported (IBNR) claims reserves. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS ($14,820,314) $14,820,314 $0 ($14,820,314) $14,820,314 $0 ($14,820,314) $14,820,314 $0 ($14,820,314) $14,820,314 $0 70.15 Increase funds to reflect audited FY08 Incurred But Not Reported (IBNR) claim liability. Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $272,802,781 $152,521,168 $425,323,949 $272,802,781 $152,521,168 $425,323,949 $272,802,781 $88,648,750 $361,451,531 $272,802,781 $88,648,750 $361,451,531 70.16 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($219,108,435) ($221,150,658) ($221,150,658) $219,108,435 $221,150,658 $221,150,658 $0 $0 $0 70.17 Reduce funds and replace with prior year reserves from the Indigent Care Trust Fund. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,243,141) ($2,223,510) ($3,466,651) ($1,243,141) ($2,223,510) ($3,466,651) 70.100-Medicaid: Aged, Blind, and Disabled Appropriation (HB 118) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $1,066,280,876 $847,172,441 $843,887,077 $843,887,077 State General Funds $1,066,280,876 $847,172,441 $843,887,077 $843,887,077 TOTAL FEDERAL FUNDS $2,636,066,299 $2,855,174,734 $2,854,993,447 $2,854,993,447 Medical Assistance Program CFDA93.778 $2,636,066,299 $2,855,174,734 $2,854,993,447 $2,854,993,447 TOTAL AGENCY FUNDS $293,556,888 $293,556,888 $229,684,470 $229,684,470 Reserved Fund Balances $231,213,900 $231,213,900 $167,341,482 $167,341,482 Reserved Fund Balances Not Itemized $231,213,900 $231,213,900 $167,341,482 $167,341,482 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 $267,288,632 $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 $267,288,632 792 JOURNAL OF THE SENATE Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $267,288,632 $267,288,632 $267,288,632 $267,288,632 $4,263,192,695 $4,263,192,695 $4,195,853,626 $4,195,853,626 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 Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458 $967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458 $967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458 $967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458 71.1 Reduce funds received in HB990 (FY09G) and defer the ambulance reimbursement rate increase. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($49,439) ($88,428) ($137,867) ($49,439) ($88,428) ($137,867) ($49,439) ($88,428) ($137,867) ($49,439) ($88,428) ($137,867) 71.2 Reduce funds received in HB990 (FY09G) and defer the 2.5% dental reimbursement rate increase. 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) ($920,625) ($1,646,651) ($2,567,276) ($920,625) ($1,646,651) ($2,567,276) 71.3 Reduce funds received in HB990 (FY09G) and defer the rate increases for home health services. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($232,918) ($416,602) ($649,520) ($232,918) ($416,602) ($649,520) ($232,918) ($416,602) ($649,520) ($232,918) ($416,602) ($649,520) 71.4 Reduce funds received in HB990 (FY09G) and defer the rate increases for inpatient and outpatient hospital reimbursement. THURSDAY, MARCH 5, 2009 793 State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($12,907,415) ($23,086,492) ($35,993,907) ($12,907,415) ($23,086,492) ($35,993,907) ($12,907,415) ($23,086,492) ($35,993,907) ($12,907,415) ($23,086,492) ($35,993,907) 71.5 Reduce funds received in HB990 (FY09G) and defer the rate increases for physicians including updating the Resource Based Relative Value Scale (RBRVS), Healthcheck, digital mammography and global delivery. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($8,595,256) ($15,373,668) ($23,968,924) ($8,595,256) ($15,373,668) ($23,968,924) ($8,595,256) ($15,373,668) ($23,968,924) ($8,595,256) ($15,373,668) ($23,968,924) 71.6 Reduce funds received in HB990 (FY09G) and defer the rate increases for personal support services in the Independent Care Waiver Program (ICWP). State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($918) ($1,642) ($2,560) ($918) ($1,642) ($2,560) ($918) ($1,642) ($2,560) ($918) ($1,642) ($2,560) 71.7 Reduce funds to reflect savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($993,327) ($1,776,687) ($2,770,014) ($993,327) ($1,776,687) ($2,770,014) ($993,327) ($1,776,687) ($2,770,014) ($993,327) ($1,776,687) ($2,770,014) 71.8 Reduce funds to reflect the projected FY09 surplus. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($19,219,286) ($34,376,046) ($53,595,332) ($19,219,286) ($34,376,046) ($53,595,332) ($19,219,286) ($34,376,046) ($53,595,332) ($19,219,286) ($34,376,046) ($53,595,332) 71.9 Replace funds with tobacco funds for Medicaid benefits. State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS ($59,796,520) $59,796,520 $0 ($59,796,520) $59,796,520 $0 ($63,505,666) $63,505,666 $0 ($63,355,666) $63,355,666 $0 71.10 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,608,710) ($2,877,375) ($4,486,085) ($1,608,710) ($2,877,375) ($4,486,085) ($1,608,710) ($2,877,375) ($4,486,085) ($1,608,710) ($2,877,375) ($4,486,085) 71.11 Reduce funds to recognize additional savings from fraud and abuse recoveries. 794 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($215,862) ($386,096) ($601,958) ($215,862) ($386,096) ($601,958) ($215,862) ($386,096) ($601,958) ($215,862) ($386,096) ($601,958) 71.12 Reduce funds to reflect revised Care Management Organization (CMO) fee collections based on updated enrollment and expenditure data. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,240,306) ($2,218,439) ($3,458,745) ($1,240,306) ($2,218,439) ($3,458,745) ($1,240,306) ($2,218,439) ($3,458,745) ($1,240,306) ($2,218,439) ($3,458,745) 71.13 Reduce funds to reflect audited FY08 Incurred But Not Reported (IBNR) claim liability. Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS ($159,177,029) ($159,177,029) ($159,177,029) ($159,177,029) ($88,994,204) ($88,994,204) ($88,994,204) ($88,994,204) ($248,171,233) ($248,171,233) ($248,171,233) ($248,171,233) 71.14 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($205,849,342) ($205,849,342) ($205,849,342) $205,849,342 $205,849,342 $205,849,342 $0 $0 $0 71.100-Medicaid: Low-Income Medicaid Appropriation (HB 118) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $921,823,289 $715,973,947 $715,973,947 $715,973,947 State General Funds $811,053,113 $605,203,771 $601,494,625 $601,644,625 Tobacco Settlement Funds $110,770,176 $110,770,176 $114,479,322 $114,329,322 TOTAL FEDERAL FUNDS $1,778,807,525 $1,984,656,867 $1,984,656,867 $1,984,656,867 Medical Assistance Program CFDA93.778 $1,778,807,525 $1,984,656,867 $1,984,656,867 $1,984,656,867 TOTAL AGENCY FUNDS $64,362,376 $64,362,376 $64,362,376 $64,362,376 Reserved Fund Balances $52,034,060 $52,034,060 $52,034,060 $52,034,060 Reserved Fund Balances Not Itemized $52,034,060 $52,034,060 $52,034,060 $52,034,060 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 $13,416,847 $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 $13,416,847 THURSDAY, MARCH 5, 2009 795 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $13,416,847 $13,416,847 $13,416,847 $13,416,847 $2,778,410,037 $2,778,410,037 $2,778,410,037 $2,778,410,037 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 $215,064,801 $215,064,801 $335,870,759 $120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759 $120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759 $120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759 72.1 Increase funds to reflect revised Nursing Home Provider Fee collections based on updated enrollment and cost data. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $3,918,923 $7,009,474 $10,928,397 $3,918,923 $7,009,474 $10,928,397 $3,918,923 $7,009,474 $10,928,397 $3,918,923 $7,009,474 $10,928,397 72.100-Nursing Home Provider Fees Appropriation (HB 118) 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 $124,724,881 $124,724,881 $124,724,881 $124,724,881 State General Funds $124,724,881 $124,724,881 $124,724,881 $124,724,881 TOTAL FEDERAL FUNDS $222,074,275 $222,074,275 $222,074,275 $222,074,275 Medical Assistance Program CFDA93.778 $222,074,275 $222,074,275 $222,074,275 $222,074,275 TOTAL PUBLIC FUNDS $346,799,156 $346,799,156 $346,799,156 $346,799,156 PeachCare Continuation Budget The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767 $98,672,929 $98,672,929 $294,846,511 $294,846,511 $98,672,929 $98,672,929 $294,846,511 $294,846,511 $98,672,929 $98,672,929 $294,846,511 $294,846,511 $98,672,929 $98,672,929 $294,846,511 $294,846,511 796 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $151,783 $151,783 $151,783 $393,671,223 $151,783 $151,783 $151,783 $393,671,223 $151,783 $151,783 $151,783 $393,671,223 $151,783 $151,783 $151,783 $393,671,223 73.1 Reduce funds received in HB990 (FY09G) and defer the ambulance reimbursement rate increase. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($47,866) ($142,835) ($190,701) ($47,866) ($142,835) ($190,701) ($47,866) ($142,835) ($190,701) ($47,866) ($142,835) ($190,701) 73.2 Reduce funds received in HB990 (FY09G) and defer the 2.5% dental reimbursement rate increase. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($216,322) ($645,519) ($861,841) ($216,322) ($645,519) ($861,841) ($216,322) ($645,519) ($861,841) ($216,322) ($645,519) ($861,841) 73.3 Reduce funds received in HB990 (FY09G) and defer the rate increases for home health services. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($4,254) ($12,694) ($16,948) ($4,254) ($12,694) ($16,948) ($4,254) ($12,694) ($16,948) ($4,254) ($12,694) ($16,948) 73.4 Reduce funds received in HB990 (FY09G) and defer the rate increases for inpatient and outpatient hospital reimbursements. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($613,266) ($1,830,025) ($2,443,291) ($613,266) ($1,830,025) ($2,443,291) ($613,266) ($1,830,025) ($2,443,291) ($613,266) ($1,830,025) ($2,443,291) 73.5 Reduce funds received in HB990 (FY09G) and defer the rate increases appropriated for physicians including updating the Resource Based Relative Value Scale (RBRVS), Healthcheck, digital mammography and global delivery. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($403,208) ($1,203,198) ($1,606,406) ($403,208) ($1,203,198) ($1,606,406) ($403,208) ($1,203,198) ($1,606,406) ($403,208) ($1,203,198) ($1,606,406) 73.6 Reduce funds to reflect the projected FY09 surplus. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($17,619,045) ($52,576,353) ($70,195,398) ($17,619,045) ($52,576,353) ($70,195,398) ($17,619,045) ($52,576,353) ($70,195,398) ($17,619,045) ($52,576,353) ($70,195,398) 73.7 Reduce funds to reflect revised Care Management Organization (CMO) fee collections based on updated enrollment and expenditure data. THURSDAY, MARCH 5, 2009 797 State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($3,215,498) ($9,595,251) ($12,810,749) ($3,215,498) ($9,595,251) ($12,810,749) 73.8 Increase funds to reflect audited FY08 Incurred But Not Reported (IBNR) claim liability. State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $1,044,144 $345,454 $1,389,598 $1,044,144 $345,454 $1,389,598 ($3,215,498) ($9,595,251) ($12,810,749) $1,044,144 $345,454 $1,389,598 ($3,215,498) ($9,595,251) ($12,810,749) $1,044,144 $345,454 $1,389,598 73.100 -PeachCare Appropriation (HB 118) The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. TOTAL STATE FUNDS $76,553,470 $76,553,470 $76,553,470 State General Funds $76,553,470 $76,553,470 $76,553,470 TOTAL FEDERAL FUNDS $229,884,780 $229,884,780 $229,884,780 State Children's Insurance Program CFDA93.767 $229,884,780 $229,884,780 $229,884,780 TOTAL AGENCY FUNDS $345,454 $345,454 $345,454 Reserved Fund Balances $345,454 $345,454 $345,454 Reserved Fund Balances Not Itemized $345,454 $345,454 $345,454 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 $306,935,487 $306,935,487 $306,935,487 $76,553,470 $76,553,470 $229,884,780 $229,884,780 $345,454 $345,454 $345,454 $151,783 $151,783 $151,783 $306,935,487 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. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments $0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 798 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $2,704,743,166 $2,704,743,166 $2,704,743,166 $2,704,743,166 74.1 Increase funds to reflect projected revenue above the original appropriation. Health Insurance Payments $295,535,893 $295,535,893 $295,535,893 $295,535,893 74.2 Reduce employer contribution rate for state employees from 22.165% to 1.926%, reduce employer contribution rate for teachers, librarians and school employees from 18.534% to 8.579%, reduce state contribution for non-certificated employees and retirees, and use reserves. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% for state employees effective March 1, 2009 through June 30, 2009, and reflect an adjustment from 8.579% to 3.668% for teachers and school employees effective March 1, 2009 through June 30, 2009) Health Insurance Payments ($535,568,603) ($663,436,083) ($663,436,083) ($783,512,488) 74.100-State Health Benefit Plan Appropriation (HB 118) 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 $30,345,470 $30,345,470 $30,345,470 Reserved Fund Balances $30,345,470 $30,345,470 $30,345,470 $30,345,470 Reserved Fund Balances Not Itemized $30,345,470 $30,345,470 $30,345,470 $30,345,470 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,434,364,986 $2,306,497,506 $2,306,497,506 $2,186,421,101 State Funds Transfers $2,434,364,986 $2,306,497,506 $2,306,497,506 $2,186,421,101 Health Insurance Payments $2,434,364,986 $2,306,497,506 $2,306,497,506 $2,186,421,101 TOTAL PUBLIC FUNDS $2,464,710,456 $2,336,842,976 $2,336,842,976 $2,216,766,571 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 State General Funds TOTAL PUBLIC FUNDS $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 75.1 Defer the FY09 cost of living adjustment. State General Funds 75.2 Defer special adjustments to selected job classes. State General Funds ($2,704) ($8,547) ($2,704) ($8,547) ($2,704) ($8,547) ($2,704) ($8,547) THURSDAY, MARCH 5, 2009 799 75.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($12,257) ($13,160) ($13,160) ($13,160) 75.4 Reduce funds by discontinuing the contract with the Georgia Student Finance Commission for loan and scholarship tracking and administer internally. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 75.5 Reduce funds from the annual medical fair to recruit physicians to rural communities. State General Funds ($8,348) ($8,348) 75.6 Reduce funds from medical scholarship awards. State General Funds ($60,000) ($60,000) 75.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,330) ($8,348) ($60,000) ($13,330) ($8,348) ($60,000) ($13,330) 75.100-Medical Education Board, State Appropriation (HB 118) 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 $1,333,036 $1,318,803 $1,318,803 $1,318,803 State General Funds $1,333,036 $1,318,803 $1,318,803 $1,318,803 TOTAL PUBLIC FUNDS $1,333,036 $1,318,803 $1,318,803 $1,318,803 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 State General Funds TOTAL PUBLIC FUNDS $855,498 $855,498 $855,498 $855,498 $855,498 $855,498 76.1 Defer the FY09 cost of living adjustment. State General Funds 76.2 Defer special adjustments to selected job classes. State General Funds ($5,716) ($23,430) ($5,716) ($23,430) $855,498 $855,498 $855,498 ($5,716) ($23,430) $855,498 $855,498 $855,498 ($5,716) ($23,430) 800 JOURNAL OF THE SENATE 76.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($29,317) ($31,476) ($31,476) ($31,476) 76.4 Reduce funds from the internship program. State General Funds ($12,000) ($12,000) ($12,000) ($12,000) 76.5 Reduce funds received in HB990 (FY09G) and defer the implementation of a medical education study. State General Funds ($110,000) ($110,000) ($110,000) ($110,000) 76.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($10,000) ($10,000) 76.100-Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 118) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $675,035 $662,876 $662,876 State General Funds $675,035 $662,876 $662,876 TOTAL PUBLIC FUNDS $675,035 $662,876 $662,876 ($10,000) $662,876 $662,876 $662,876 Physician Workforce, Georgia Board of: Graduate Medical Education 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 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 77.1 Reduce funds received in HB990 (FY09G) for graduate medical education. (H and S:Reduce funds by 3.5% for all graduate medical education) State General Funds ($343,977) ($343,977) ($343,977) ($343,977) 77.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($25,000) ($25,000) ($25,000) 77.3 Reduce funds and defer the contract for the Athens/Gainesville area development study. State General Funds ($481,273) ($481,273) THURSDAY, MARCH 5, 2009 801 77.100-Physician Workforce, Georgia Board of: Graduate Medical Education Appropriation (HB 118) 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 $9,509,084 $9,484,084 $9,002,811 $9,002,811 State General Funds $9,509,084 $9,484,084 $9,002,811 $9,002,811 TOTAL PUBLIC FUNDS $9,509,084 $9,484,084 $9,002,811 $9,002,811 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 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 78.1 Reduce funds from the Mercer University School of Medicine operating grant by 6.7%. $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 State General Funds ($1,638,502) ($1,638,502) ($1,638,502) ($1,638,502) 78.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($258,391) $0 $0 78.100-Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Appropriation (HB 118) 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 $22,922,360 $22,663,969 $22,922,360 $22,922,360 State General Funds $22,922,360 $22,663,969 $22,922,360 $22,922,360 TOTAL PUBLIC FUNDS $22,922,360 $22,663,969 $22,922,360 $22,922,360 Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant 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. 802 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $12,997,293 $12,997,293 $12,997,293 $12,997,293 $12,997,293 $12,997,293 79.1 Reduce funds from the Morehouse School of Medicine operating grant by 6.7%. State General Funds ($867,073) ($867,073) 79.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($157,000) $12,997,293 $12,997,293 $12,997,293 ($867,073) $0 $12,997,293 $12,997,293 $12,997,293 ($867,073) $0 79.100-Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 118) 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 $12,130,220 $11,973,220 $12,130,220 $12,130,220 State General Funds $12,130,220 $11,973,220 $12,130,220 $12,130,220 TOTAL PUBLIC FUNDS $12,130,220 $11,973,220 $12,130,220 $12,130,220 Physician Workforce, Georgia Board of: Undergraduate Medical Education 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 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 $3,538,484 $3,538,484 $3,538,484 80.1 Reduce funds from the undergraduate medical education program. State General Funds ($236,060) ($236,060) ($236,060) ($236,060) 80.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($35,000) ($35,000) ($35,000) 80.100-Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 118) 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. THURSDAY, MARCH 5, 2009 803 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,302,424 $3,302,424 $3,302,424 $3,267,424 $3,267,424 $3,267,424 $3,267,424 $3,267,424 $3,267,424 $3,267,424 $3,267,424 $3,267,424 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% for July through January, 8.579% for February and 3.668% for March through June, and for the state employees' health benefit plan for Fiscal Year 2009 shall not exceed 22.165% for July through January, 1.926% for February, and 0% for March through June. Section 17: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Section Total - Final $1,041,514,302 $1,039,044,345 $1,041,514,302 $1,039,044,345 $5,889,638 $5,889,638 $5,889,638 $5,889,638 $41,455,595 $41,455,595 $9,599,502 $9,599,502 $3,219 $3,219 $3,406,391 $3,406,391 $1,043,637,575 $1,043,637,575 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $1,043,637,575 $1,043,637,575 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 804 JOURNAL OF THE SENATE Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS $28,446,483 $956,324 $956,324 $1,089,815,859 $28,446,483 $956,324 $956,324 $1,087,345,902 $28,446,483 $956,324 $956,324 $1,091,939,132 $28,446,483 $956,324 $956,324 $1,091,939,132 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 $6,408,425 $6,408,425 $20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214 $6,408,425 $6,408,425 $20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214 $6,408,425 $6,408,425 $20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214 $6,408,425 $6,408,425 $20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214 81.1 Defer the FY09 cost of living adjustment. State General Funds ($45,348) ($45,348) ($45,348) ($45,348) 81.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,752) ($2,752) ($2,752) ($2,752) 81.3 Defer special adjustments to selected job classes. State General Funds ($23,217) ($23,217) ($23,217) ($23,217) 81.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($32,681) ($32,681) ($32,681) ($32,681) 81.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($186,017) ($199,718) ($199,718) ($199,718) 81.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $371 $371 $371 $371 THURSDAY, MARCH 5, 2009 805 81.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($139,405) ($139,405) ($139,405) ($139,405) 81.8 Reduce funds from the contract with Spectrum to provide substance abuse treatment and utilize other available revenue. State General Funds ($237,581) ($237,581) 81.100-Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 118) 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 $5,979,376 $5,965,675 $5,728,094 $5,728,094 State General Funds $5,979,376 $5,965,675 $5,728,094 $5,728,094 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 $172,046 $172,046 $172,046 $172,046 Sales and Services $172,046 $172,046 $172,046 $172,046 Sales and Services Not Itemized $172,046 $172,046 $172,046 $172,046 TOTAL PUBLIC FUNDS $6,172,165 $6,158,464 $5,920,883 $5,920,883 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 State General Funds TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 82.1 Increase funds for county jail subsidy payments ($1,000,000) and transfer funds from the Offender Management program ($1,400,000). State General Funds $2,400,000 $2,400,000 82.100-County Jail Subsidy Appropriation (HB 118) 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 $8,596,724 $8,596,724 State General Funds $6,196,724 $6,196,724 $8,596,724 $8,596,724 TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $8,596,724 $8,596,724 806 JOURNAL OF THE SENATE 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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $55,017,209 $55,017,209 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $57,581,951 $55,017,209 $55,017,209 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $57,581,951 $55,017,209 $55,017,209 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $57,581,951 $55,017,209 $55,017,209 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $57,581,951 83.1 Defer the FY09 cost of living adjustment. State General Funds ($480,338) ($480,338) ($480,338) ($480,338) 83.2 Defer structure adjustments to the statewide salary plan. State General Funds ($29,152) ($29,152) ($29,152) ($29,152) 83.3 Defer special adjustments to selected job classes. State General Funds ($6,805) ($6,805) ($6,805) ($6,805) 83.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,847,160) ($1,998,398) ($1,998,398) ($1,998,398) 83.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,750,407 $2,750,407 $2,750,407 $2,750,407 83.6 Eliminate funds from the four Regional Training Academies and consolidate training activities to the Tift College campus. State General Funds ($1,303,798) ($1,303,798) ($1,303,798) ($1,303,798) 83.7 Reduce funds from the communications center through the use of updated technology. State General Funds ($361,756) ($361,756) ($361,756) ($361,756) THURSDAY, MARCH 5, 2009 807 83.8 Reduce funds from various contracts including those for consulting and special projects that will be delayed for the long-term. State General Funds ($260,100) ($260,100) ($260,100) ($260,100) 83.9 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($1,770,425) ($1,770,425) ($1,770,425) ($1,770,425) 83.10 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($290,588) ($290,588) ($290,588) ($290,588) 83.11 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($3,405) ($3,405) ($3,405) ($3,405) 83.12 Reduce funds designated for vehicle purchases. State General Funds ($412,720) ($412,720) ($412,720) ($412,720) 83.13 Reduce funds due to a change in occupancy dates for Smith State Prison (SP), Valdosta SP, Coastal SP, Hays SP, and Ware SP. (S:Reduce funds due to the change in the projected occupancy dates to April 2009 for Ware SP, Hayes SP and Valdosta SP) State General Funds ($17,369) ($17,369) ($19,073) ($19,073) 83.100-Departmental Administration Appropriation (HB 118) 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 $50,984,000 $50,832,762 $50,831,058 $50,831,058 State General Funds $50,984,000 $50,832,762 $50,831,058 $50,831,058 TOTAL FEDERAL FUNDS $2,462,251 $2,462,251 $2,462,251 $2,462,251 Federal Funds Not Itemized $2,462,251 $2,462,251 $2,462,251 $2,462,251 TOTAL AGENCY FUNDS $102,491 $102,491 $102,491 $102,491 Rebates, Refunds, and Reimbursements $3,219 $3,219 $3,219 $3,219 Rebates, Refunds, and Reimbursements Not Itemized $3,219 $3,219 $3,219 $3,219 Sales and Services $99,272 $99,272 $99,272 $99,272 Sales and Services Not Itemized $99,272 $99,272 $99,272 $99,272 TOTAL PUBLIC FUNDS $53,548,742 $53,397,504 $53,395,800 $53,395,800 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. 808 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $46,960,470 $46,960,470 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $53,651,772 $46,960,470 $46,960,470 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $53,651,772 $46,960,470 $46,960,470 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $53,651,772 $46,960,470 $46,960,470 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $53,651,772 84.1 Defer the FY09 cost of living adjustment. State General Funds ($553,120) ($553,120) ($553,120) ($553,120) 84.2 Defer structure adjustments to the statewide salary plan. State General Funds ($33,570) ($33,570) ($33,570) ($33,570) 84.3 Defer special adjustments to selected job classes. State General Funds ($258,988) ($258,988) ($258,988) ($258,988) 84.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($448,587) ($448,587) ($448,587) ($448,587) 84.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,883,344) ($2,022,060) ($2,022,060) ($2,022,060) 84.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $99,945 $99,945 $99,945 $99,945 84.7 Reduce funds by closing the I.W. Davis Probation Detention Center (PDC) and the Terrell PDC effective September 30, 2008. State General Funds ($3,275,279) ($3,275,279) ($3,275,279) ($3,275,279) 84.8 Transfer funds to the Transitional Center program due to the remissioning of one unit at the Emanuel PDC to a Transitional Center. State General Funds ($2,314,792) ($2,314,792) ($2,314,792) ($2,314,792) THURSDAY, MARCH 5, 2009 809 84.9 Transfer funds to the State Prisons program due to the remissioning of the West Central PDC to a State Prison. State General Funds ($2,613,787) ($2,613,787) ($2,613,787) ($2,613,787) 84.10 Reduce funds through a hiring freeze. State General Funds ($255,875) ($255,875) ($255,875) ($255,875) 84.11 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($1,502,734) ($1,502,734) ($1,502,734) ($1,502,734) 84.100-Detention Centers Appropriation (HB 118) 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 $33,920,339 $33,781,623 $33,781,623 $33,781,623 State General Funds $33,920,339 $33,781,623 $33,781,623 $33,781,623 TOTAL FEDERAL FUNDS $671,975 $671,975 $671,975 $671,975 Federal Funds Not Itemized $671,975 $671,975 $671,975 $671,975 TOTAL AGENCY FUNDS $6,019,327 $6,019,327 $6,019,327 $6,019,327 Intergovernmental Transfers $16,491 $16,491 $16,491 $16,491 Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 $16,491 Sales and Services $6,002,836 $6,002,836 $6,002,836 $6,002,836 Sales and Services Not Itemized $6,002,836 $6,002,836 $6,002,836 $6,002,836 TOTAL PUBLIC FUNDS $40,611,641 $40,472,925 $40,472,925 $40,472,925 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358 $14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358 $14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358 $14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358 85.1 Defer the FY09 cost of living adjustment. State General Funds ($63,254) ($63,254) ($63,254) ($63,254) 810 JOURNAL OF THE SENATE 85.2 Defer structure adjustments to the statewide salary plan. State General Funds ($3,839) ($3,839) ($3,839) ($3,839) 85.3 Defer special adjustments to selected job classes. State General Funds ($10,407) ($10,407) ($10,407) ($10,407) 85.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($2,686) ($2,686) ($2,686) ($2,686) 85.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($272,772) ($292,863) ($292,863) ($292,863) 85.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $18,601 $18,601 $18,601 $18,601 85.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($993,544) ($993,544) ($993,544) ($993,544) 85.8 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($2,763) ($2,763) ($2,763) ($2,763) 85.9 Reduce funds due to a change in occupancy dates for Smith State Prison (SP), Valdosta SP, Coastal SP, Hays SP, and Ware SP. (S:Reduce funds due to the change in the projected occupancy dates to April 2009 for Ware SP, Hayes SP and Valdosta SP) State General Funds ($41,401) ($41,401) ($69,519) ($69,519) 85.10 Reduce funds from reserves for operations to one and a half months. State General Funds ($1,500,000) ($1,500,000) 85.100-Food and Farm Operations Appropriation (HB 118) The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $12,645,293 $12,625,202 $11,097,084 $11,097,084 State General Funds $12,645,293 $12,625,202 $11,097,084 $11,097,084 TOTAL AGENCY FUNDS $2,100,000 $2,100,000 $2,100,000 $2,100,000 Sales and Services $2,100,000 $2,100,000 $2,100,000 $2,100,000 Sales and Services Not Itemized $2,100,000 $2,100,000 $2,100,000 $2,100,000 THURSDAY, MARCH 5, 2009 811 TOTAL PUBLIC FUNDS $14,745,293 $14,725,202 $13,197,084 $13,197,084 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 86.1 Defer the FY09 cost of living adjustment. $218,169,039 $218,169,039 $8,390,000 $8,390,000 $8,390,000 $226,559,039 $218,169,039 $218,169,039 $8,390,000 $8,390,000 $8,390,000 $226,559,039 $218,169,039 $218,169,039 $8,390,000 $8,390,000 $8,390,000 $226,559,039 $218,169,039 $218,169,039 $8,390,000 $8,390,000 $8,390,000 $226,559,039 State General Funds ($166,174) ($166,174) ($166,174) ($166,174) 86.2 Defer structure adjustments to the statewide salary plan. State General Funds ($10,085) ($10,085) ($10,085) ($10,085) 86.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($631,080) ($677,562) ($677,562) ($677,562) 86.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $9,143 $9,143 $9,143 $9,143 86.5 Reduce funds due to a change in occupancy dates for Smith State Prison (SP), Valdosta SP, Coastal SP, Hays SP, and Ware SP. (S:Reduce funds due to the change in the projected occupancy dates to April 2009 for Ware SP, Hayes SP and Valdosta SP) State General Funds ($1,000,726) ($1,000,726) ($1,647,950) ($1,647,950) 86.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($376,257) ($376,257) ($376,257) ($376,257) 86.7 Reduce funds from the inmate medical services contract with Georgia Correctional Health Care by eliminating the annual management fee. 812 JOURNAL OF THE SENATE State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 86.8 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($781,583) ($781,583) ($781,583) ($781,583) 86.100 -Health Appropriation (HB 118) 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 $214,212,277 $214,165,795 $213,518,571 $213,518,571 State General Funds $214,212,277 $214,165,795 $213,518,571 $213,518,571 TOTAL AGENCY FUNDS $8,390,000 $8,390,000 $8,390,000 $8,390,000 Sales and Services $8,390,000 $8,390,000 $8,390,000 $8,390,000 Sales and Services Not Itemized $8,390,000 $8,390,000 $8,390,000 $8,390,000 TOTAL PUBLIC FUNDS $222,602,277 $222,555,795 $221,908,571 $221,908,571 Offender Management Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $44,612,613 $44,612,613 $30,000 $30,000 $30,000 $44,642,613 $44,612,613 $44,612,613 $30,000 $30,000 $30,000 $44,642,613 $44,612,613 $44,612,613 $30,000 $30,000 $30,000 $44,642,613 $44,612,613 $44,612,613 $30,000 $30,000 $30,000 $44,642,613 87.1 Defer the FY09 cost of living adjustment. State General Funds ($46,013) ($46,013) ($46,013) ($46,013) 87.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,793) ($2,793) ($2,793) ($2,793) 87.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($186,485) ($200,220) ($200,220) ($200,220) 87.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. THURSDAY, MARCH 5, 2009 813 State General Funds $40,335 $40,335 $40,335 $40,335 87.5 Reduce funds and the number of Canine Units from thirty-one teams to seventeen teams. State General Funds ($78,782) ($78,782) ($78,782) ($78,782) 87.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($183,836) ($183,836) ($183,836) ($183,836) 87.7 Eliminate funds and discontinue the department's participation in two regional fugitive squads. State General Funds ($543,171) ($543,171) ($543,171) ($543,171) 87.8 Transfer funds to the County Jail Subsidy program as a result of managing bed space at County Correctional Institutions (CCI) at a 95% utilization rate. State General Funds ($1,400,000) 87.100-Offender Management Appropriation (HB 118) The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $43,611,868 $43,598,133 $42,198,133 State General Funds $43,611,868 $43,598,133 $42,198,133 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 $43,641,868 $43,628,133 $42,228,133 ($1,400,000) $42,198,133 $42,198,133 $30,000 $30,000 $30,000 $42,228,133 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 $4,658,760 $4,658,760 $10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270 $4,658,760 $4,658,760 $10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270 88.1 Defer the FY09 cost of living adjustment. State General Funds ($48,073) ($48,073) $4,658,760 $4,658,760 $10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270 ($48,073) $4,658,760 $4,658,760 $10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270 ($48,073) 814 JOURNAL OF THE SENATE 88.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,918) ($2,918) ($2,918) ($2,918) 88.3 Defer special adjustments to selected job classes. State General Funds ($24,818) ($24,818) ($24,818) ($24,818) 88.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($111,028) ($111,028) ($111,028) ($111,028) 88.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($191,269) ($205,357) ($205,357) ($205,357) 88.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,623 $11,623 $11,623 $11,623 88.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($149,013) ($149,013) ($149,013) ($149,013) 88.100-Parole Revocation Centers Appropriation (HB 118) The purpose of this appropriation is to provide a sanction for parole violations. TOTAL STATE FUNDS $4,143,264 $4,129,176 $4,129,176 State General Funds $4,143,264 $4,129,176 $4,129,176 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 Federal Funds Not Itemized $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $405,000 $405,000 $405,000 Sales and Services $405,000 $405,000 $405,000 Sales and Services Not Itemized $405,000 $405,000 $405,000 TOTAL PUBLIC FUNDS $4,558,774 $4,544,686 $4,544,686 $4,129,176 $4,129,176 $10,510 $10,510 $405,000 $405,000 $405,000 $4,544,686 Private Prisons Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS State General Funds $85,297,250 $85,297,250 $85,297,250 $85,297,250 $85,297,250 $85,297,250 $85,297,250 $85,297,250 THURSDAY, MARCH 5, 2009 815 TOTAL PUBLIC FUNDS $85,297,250 $85,297,250 $85,297,250 $85,297,250 89.1 Reduce funds received in HB990 (FY09G) for the Consumer Price Index (CPI) increase. State General Funds ($2,017,747) ($2,017,747) ($2,017,747) ($2,017,747) 89.2 Reduce funds from the request for proposal (RFP) contract and utilize $804,856 to eliminate the population drawdown at private prisons. State General Funds ($195,144) 89.100-Private Prisons Appropriation (HB 118) The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $83,279,503 $83,279,503 $83,084,359 State General Funds $83,279,503 $83,279,503 $83,084,359 TOTAL PUBLIC FUNDS $83,279,503 $83,279,503 $83,084,359 ($195,144) $83,084,359 $83,084,359 $83,084,359 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 $7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287 $353,716 $353,716 $10,733,793 $7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287 $353,716 $353,716 $10,733,793 $7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287 $353,716 $353,716 $10,733,793 $7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287 $353,716 $353,716 $10,733,793 90.1 Defer the FY09 cost of living adjustment. State General Funds ($172,258) ($172,258) ($172,258) ($172,258) 90.2 Defer structure adjustments to the statewide salary plan. State General Funds ($10,455) ($10,455) ($10,455) ($10,455) 90.3 Defer the special adjustments to selected job classes. State General Funds ($47,634) ($47,634) ($47,634) ($47,634) 90.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($61,334) ($61,334) ($61,334) ($61,334) 816 JOURNAL OF THE SENATE 90.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($397,303) ($426,566) $0 $0 90.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $12,856 $12,856 $12,856 $12,856 90.7 Transfer funds to the Probation Supervision program to open three new Day Reporting Centers. State General Funds ($1,073,615) ($1,073,615) ($1,073,615) ($1,073,615) 90.8 Reduce funds by closing the four remaining Probation Diversion Centers (DC). State General Funds ($4,568,838) ($4,568,838) ($4,568,838) ($4,568,838) 90.9 Transfer funds to the Transitional Centers program due to the remissioning of the Clayton DC to a Transitional Center. State General Funds ($156,159) ($156,159) ($156,159) ($156,159) 90.100-Probation Diversion Centers Appropriation (HB 118) 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 $1,154,050 $1,124,787 $1,551,353 $1,551,353 State General Funds $1,154,050 $1,124,787 $1,551,353 $1,551,353 TOTAL AGENCY FUNDS $3,105,003 $3,105,003 $3,105,003 $3,105,003 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 $353,716 $353,716 $353,716 $353,716 Sales and Services Not Itemized $353,716 $353,716 $353,716 $353,716 TOTAL PUBLIC FUNDS $4,259,053 $4,229,790 $4,656,356 $4,656,356 Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Continuation Budget $86,521,774 $86,521,774 $60,032 $86,521,774 $86,521,774 $60,032 $86,521,774 $86,521,774 $60,032 $86,521,774 $86,521,774 $60,032 THURSDAY, MARCH 5, 2009 817 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $60,032 $159,114 $159,114 $159,114 $86,740,920 $60,032 $159,114 $159,114 $159,114 $86,740,920 $60,032 $159,114 $159,114 $159,114 $86,740,920 $60,032 $159,114 $159,114 $159,114 $86,740,920 91.1 Defer the FY09 cost of living adjustment. State General Funds ($836,830) ($836,830) ($836,830) ($836,830) 91.2 Defer structure adjustments to the statewide salary plan. State General Funds ($50,788) ($50,788) ($50,788) ($50,788) 91.3 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($448) ($448) ($448) ($448) 91.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($3,685,806) ($3,957,281) ($4,383,847) ($4,383,847) 91.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $365,784 $365,784 $365,784 $365,784 91.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($2,344,124) ($2,344,124) ($2,344,124) ($2,344,124) 91.7 Transfer funds from the Probation Diversion Centers program to open three new Day Reporting Centers. State General Funds $1,073,615 $1,073,615 $1,073,615 $1,073,615 91.8 Reduce funds designated for vehicle purchases. State General Funds ($25,426) ($25,426) ($25,426) ($25,426) 91.9 Reduce funds through a hiring freeze. State General Funds ($440,093) ($440,093) ($440,093) ($440,093) 91.100-Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS Appropriation (HB 118) $80,577,658 $80,306,183 $79,879,617 $79,879,617 818 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 $80,577,658 $60,032 $60,032 $159,114 $159,114 $159,114 $80,796,804 $80,306,183 $60,032 $60,032 $159,114 $159,114 $159,114 $80,525,329 $79,879,617 $60,032 $60,032 $159,114 $159,114 $159,114 $80,098,763 $79,879,617 $60,032 $60,032 $159,114 $159,114 $159,114 $80,098,763 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $553,749,700 $553,749,700 $2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637 $553,749,700 $553,749,700 $2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637 $553,749,700 $553,749,700 $2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637 $553,749,700 $553,749,700 $2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011 $655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637 92.1 Defer the FY09 cost of living adjustment. State General Funds 92.2 Defer structure adjustments to the statewide salary plan. State General Funds 92.3 Defer special adjustments to selected job classes. State General Funds ($5,281,438) ($5,281,438) ($5,281,438) ($5,281,438) ($320,537) ($320,537) ($320,537) ($320,537) ($2,673,526) ($2,673,526) ($2,673,526) ($2,673,526) THURSDAY, MARCH 5, 2009 819 92.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($3,657,640) ($3,657,640) ($3,657,640) ($3,657,640) 92.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($22,797,657) ($24,476,802) ($24,476,802) ($24,476,802) 92.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $982,187 $982,187 $982,187 $982,187 92.7 Reduce funds from Academic Education. State General Funds ($331,320) ($331,320) ($331,320) ($331,320) 92.8 Reduce funds from Vocational Education. State General Funds ($116,751) ($116,751) ($116,751) ($116,751) 92.9 Reduce funds due to a change in occupancy dates for Smith State Prison (SP), Valdosta SP, Coastal SP, Hays SP, and Ware SP and eliminate sixteen positions at Coastal SP, Hays SP, and Ware SP based on a streamlined funding model. (S:Reduce funds due to the change in the projected occupancy dates to April 2009 for Ware SP, Hayes SP and Valdosta SP) State General Funds ($2,862,330) ($2,862,330) ($4,115,386) ($4,115,386) 92.10 Reduce funds and close Homerville SP, Rivers SP, Milan SP, Wayne SP, West Georgia Boot Camp and the Pelham PreRelease Center. State General Funds ($16,517,234) ($16,517,234) ($16,517,234) ($16,517,234) 92.11 Transfer funds from the Detention Center program due to the remissioning of the West Central Probation Detention Center to a State Prison. State General Funds $2,613,787 $2,613,787 $2,613,787 $2,613,787 92.12 Reduce funds and the number of Canine Units from thirty-one teams to seventeen teams. State General Funds ($450,984) ($450,984) ($450,984) ($450,984) 92.13 Reduce funds by limiting the use of security overtime. State General Funds ($4,342,733) ($4,342,733) ($4,342,733) ($4,342,733) 92.14 Reduce funds through a departmental hiring freeze. (H and S:Lift hiring freeze of security personnel) State General Funds ($2,680,623) ($2,680,623) $0 $0 820 JOURNAL OF THE SENATE 92.15 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. (H and S:Partially restore cut to operations) State General Funds ($15,994,843) ($15,994,843) ($10,994,843) ($10,994,843) 92.16 Reduce funds from fire services and eliminate seven central office positions. (H and S:Maintain positions and fire services) State General Funds ($615,438) ($615,438) $0 $0 92.17 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($444,962) ($444,962) ($444,962) ($444,962) 92.18 Reduce funds from the Residential Substance Abuse Treatment (RSAT) contract and utilize other available revenue. State General Funds ($840,004) ($840,004) 92.100-State Prisons Appropriation (HB 118) 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 $478,257,658 $476,578,513 $482,781,514 $482,781,514 State General Funds $478,257,658 $476,578,513 $482,781,514 $482,781,514 TOTAL FEDERAL FUNDS $2,664,127 $2,664,127 $2,664,127 $2,664,127 Federal Funds Not Itemized $2,664,127 $2,664,127 $2,664,127 $2,664,127 TOTAL AGENCY FUNDS $20,972,614 $20,972,614 $20,972,614 $20,972,614 Intergovernmental Transfers $9,583,011 $9,583,011 $9,583,011 $9,583,011 Intergovernmental Transfers Not Itemized $9,583,011 $9,583,011 $9,583,011 $9,583,011 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 $10,734,499 $10,734,499 $10,734,499 $10,734,499 Sales and Services Not Itemized $10,734,499 $10,734,499 $10,734,499 $10,734,499 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $725,196 $725,196 $725,196 $725,196 Agency Funds Transfers $725,196 $725,196 $725,196 $725,196 Agency Fund Transfers Not Itemized $725,196 $725,196 $725,196 $725,196 TOTAL PUBLIC FUNDS $502,619,595 $500,940,450 $507,143,451 $507,143,451 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 $28,430,020 $28,430,020 $28,430,020 $28,430,020 THURSDAY, MARCH 5, 2009 821 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $28,430,020 $231,128 $231,128 $231,128 $28,661,148 $28,430,020 $231,128 $231,128 $231,128 $28,661,148 $28,430,020 $231,128 $231,128 $231,128 $28,661,148 $28,430,020 $231,128 $231,128 $231,128 $28,661,148 93.1 Defer the FY09 cost of living adjustment. State General Funds ($249,618) ($249,618) ($249,618) ($249,618) 93.2 Defer structure adjustments to the statewide salary plan. State General Funds ($15,149) ($15,149) ($15,149) ($15,149) 93.3 Defer special adjustments to selected job classes. State General Funds ($99,272) ($99,272) ($99,272) ($99,272) 93.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($162,512) ($162,512) ($162,512) ($162,512) 93.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,249,387) ($1,341,410) ($1,341,410) ($1,341,410) 93.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $65,382 $65,382 $65,382 $65,382 93.7 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($1,644,473) ($1,644,473) ($1,644,473) ($1,644,473) 93.8 Transfer funds to the Probation Diversion Centers program due to the remissioning of the Clayton Diversion Center to a Transitional Center. State General Funds $156,159 $156,159 $156,159 $156,159 93.9 Transfer funds from the Detention Centers program due to the remissioning of the Emanuel Probation Detention Center (PDC) to a Transitional Center. State General Funds $2,314,792 $2,314,792 $2,314,792 $2,314,792 93.10 Reduce funds through a hiring freeze. 822 JOURNAL OF THE SENATE State General Funds ($128,409) ($128,409) ($128,409) ($128,409) 93.11 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($865,241) ($865,241) ($865,241) ($865,241) 93.100-Transitional Centers Appropriation (HB 118) 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 $26,552,292 $26,460,269 $26,460,269 $26,460,269 State General Funds $26,552,292 $26,460,269 $26,460,269 $26,460,269 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $231,128 $231,128 $231,128 $231,128 Agency Funds Transfers $231,128 $231,128 $231,128 $231,128 Agency Fund Transfers Not Itemized $231,128 $231,128 $231,128 $231,128 TOTAL PUBLIC FUNDS $26,783,420 $26,691,397 $26,691,397 $26,691,397 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 $11,716,641 $11,716,641 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 $11,716,641 $11,716,641 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 $11,716,641 $11,716,641 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 $11,716,641 $11,716,641 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Section Total - Final $10,266,265 $10,131,637 $10,266,265 $10,131,637 $28,281,459 $28,281,459 $28,281,459 $28,281,459 $816,341 $816,341 $2,500 $2,500 $10,351,062 $10,351,062 $28,312,701 $28,312,701 $816,341 $2,500 $10,351,062 $10,351,062 $28,312,701 $28,312,701 $816,341 $2,500 THURSDAY, MARCH 5, 2009 823 Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $400 $151,022 $662,419 $39,364,065 $400 $151,022 $662,419 $39,229,437 $400 $151,022 $662,419 $39,480,104 $400 $151,022 $662,419 $39,480,104 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 $1,326,490 $1,326,490 $409,445 $409,445 $1,735,935 $1,326,490 $1,326,490 $409,445 $409,445 $1,735,935 $1,326,490 $1,326,490 $409,445 $409,445 $1,735,935 $1,326,490 $1,326,490 $409,445 $409,445 $1,735,935 94.1 Defer the FY09 cost of living adjustment. State General Funds ($11,246) ($11,246) ($11,246) ($11,246) 94.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,684) ($2,684) ($2,684) ($2,684) 94.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($52,080) ($55,916) ($55,916) ($55,916) 94.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $705 $705 $705 $705 94.5 Reduce funds and limit travel to out-of-state conferences and meetings. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 94.6 Transfer funds to the Military Readiness program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion. State General Funds ($66,000) ($66,000) ($66,000) ($66,000) 94.7 Eliminate funds for the Recruiting Incentive Bonus Program and bonus payments of $150 per recruit to any guardsman that successfully influences an individual to join the Georgia National Guard. 824 JOURNAL OF THE SENATE State General Funds ($55,000) ($55,000) ($55,000) 94.8 Reduce funds and defer filling vacancies agency wide. State General Funds ($55,000) ($55,000) ($55,000) 94.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($50,000) $0 94.100-Departmental Administration Appropriation (HB 118) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,081,185 $1,027,349 $1,077,349 State General Funds $1,081,185 $1,027,349 $1,077,349 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 TOTAL PUBLIC FUNDS $1,490,630 $1,436,794 $1,486,794 ($55,000) ($55,000) $0 $1,077,349 $1,077,349 $409,445 $409,445 $1,486,794 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 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 $5,052,603 $5,052,603 $20,100,133 $20,100,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,969,077 $5,052,603 $5,052,603 $20,100,133 $20,100,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,969,077 $5,052,603 $5,052,603 $20,100,133 $20,100,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,969,077 $5,052,603 $5,052,603 $20,100,133 $20,100,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,969,077 95.1 Defer the FY09 cost of living adjustment. State General Funds ($45,218) ($45,218) ($45,218) ($45,218) THURSDAY, MARCH 5, 2009 825 95.2 Defer structure adjustments to the statewide salary plan. State General Funds ($10,794) ($10,794) ($10,794) ($10,794) 95.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($160,912) ($172,764) ($172,764) ($172,764) 95.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,614 $1,614 $1,614 $1,614 95.5 Transfer funds from the Departmental Administration program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion. State General Funds $66,000 $66,000 $66,000 $66,000 95.6 Reduce funds for the "Georgia Guardsman" and utilize alternative means of publication. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 95.7 Reduce funds and limit travel to out-of-state conferences and meetings. State General Funds ($3,000) ($3,000) ($3,000) ($3,000) 95.8 Reduce funds and defer filling vacancies agency-wide. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 95.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($52,663) ($102,663) ($102,663) 95.100-Military Readiness Appropriation (HB 118) 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 $4,735,293 $4,670,778 $4,620,778 $4,620,778 State General Funds $4,735,293 $4,670,778 $4,620,778 $4,620,778 TOTAL FEDERAL FUNDS $20,100,133 $20,100,133 $20,100,133 $20,100,133 Federal Funds Not Itemized $20,100,133 $20,100,133 $20,100,133 $20,100,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 $2,500 826 JOURNAL OF THE SENATE 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 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,651,767 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,587,252 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,537,252 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,537,252 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671 $5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671 $5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671 $5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671 96.1 Defer the FY09 cost of living adjustment. State General Funds ($38,349) ($38,349) ($38,349) ($38,349) 96.2 Defer structure adjustments to the statewide salary plan. State General Funds ($9,153) ($9,153) ($9,153) ($9,153) 96.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($221,000) ($237,277) ($237,277) ($237,277) 96.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $166 $166 $166 $166 96.5 Reduce funds from the Youth Challenge Academies. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($219,425) ($219,425) $0 $0 ($31,242) ($31,242) $0 $0 ($250,667) ($250,667) $0 $0 THURSDAY, MARCH 5, 2009 827 96.6 Reduce funds received in HB990 (FY09G) for STARBASE of Savannah. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 96.100-Youth Educational Services Appropriation (HB 118) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS $4,449,787 $4,433,510 $4,652,935 $4,652,935 State General Funds $4,449,787 $4,433,510 $4,652,935 $4,652,935 TOTAL FEDERAL FUNDS $7,771,881 $7,771,881 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,771,881 $7,771,881 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,221,668 $12,205,391 $12,456,058 $12,456,058 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 $62,791,511 $62,791,511 $62,791,511 $62,791,511 $2,844,040 $2,844,040 $2,844,040 $2,844,040 $65,635,551 $65,635,551 Section Total - Final $55,965,261 $55,246,817 $55,965,261 $55,246,817 $2,844,040 $2,844,040 $2,844,040 $2,844,040 $58,809,301 $58,090,857 $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 $55,526,644 $55,526,644 $2,844,040 $2,844,040 $58,370,684 $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 $55,246,817 $55,246,817 $2,844,040 $2,844,040 $58,090,857 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 $9,397,002 $9,397,002 $500,857 $500,857 $500,857 $9,897,859 $9,397,002 $9,397,002 $500,857 $500,857 $500,857 $9,897,859 $9,397,002 $9,397,002 $500,857 $500,857 $500,857 $9,897,859 $9,397,002 $9,397,002 $500,857 $500,857 $500,857 $9,897,859 828 JOURNAL OF THE SENATE 97.1 Defer the FY09 cost of living adjustment. State General Funds ($64,146) ($64,146) ($64,146) ($64,146) 97.2 Defer structure adjustments to the statewide salary plan. State General Funds ($773) ($773) ($773) ($773) 97.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($313,199) ($336,267) ($336,267) ($336,267) 97.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $105,867 $105,867 $105,867 $105,867 97.5 Reduce funds and defer filling two vacant positions for the Secure License initiative funded in HB990 (FY09G). State General Funds ($99,649) ($99,649) ($99,649) ($99,649) 97.6 Reduce funds from public service announcements, travel, and recruitment. State General Funds ($191,599) ($191,599) ($191,599) ($191,599) 97.7 Reduce funds from operations. State General Funds ($83,576) ($83,576) ($83,576) ($83,576) 97.8 Reduce funds from operations to realize efficiencies in service delivery and costs. State General Funds ($137,025) ($137,025) ($137,025) ($137,025) 97.9 Reduce funds from postage expenses by using electronic receipt of certified mail for official purposes. State General Funds ($59,600) ($59,600) ($59,600) ($59,600) 97.10 Reduce funds from data line charges due to efficiencies realized after driver data cleanup. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 97.99 SAC: The purpose of this appropriation is to administer license issuance and regulatory compliance services. House: The purpose of this appropriation is to administer license issuance and regulatory compliance services. Gov Rev: The purpose of this appropriation is to administer license issuance and regulatory compliance services. Governor: The purpose of this appropriation is to administer license issuance and regulatory compliance services. State General Funds $0 $0 $0 $0 THURSDAY, MARCH 5, 2009 829 97.100-Customer Service Support Appropriation (HB 118) The purpose of this appropriation is to administer license issuance and regulatory compliance services. TOTAL STATE FUNDS $8,453,302 $8,430,234 $8,430,234 State General Funds $8,453,302 $8,430,234 $8,430,234 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 $8,954,159 $8,931,091 $8,931,091 $8,430,234 $8,430,234 $500,857 $500,857 $500,857 $8,931,091 License Issuance Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760 $48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760 $48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760 $48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760 98.1 Defer the FY09 cost of living adjustment. State General Funds ($357,448) ($357,448) ($357,448) ($357,448) 98.2 Defer structure adjustments to the statewide salary plan. State General Funds ($4,308) ($4,308) ($4,308) ($4,308) 98.3 Defer salary adjustments for critical jobs. State General Funds ($332,192) ($332,192) ($332,192) ($332,192) 98.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,745,272) ($1,873,819) ($1,873,819) ($1,873,819) 98.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $502,743 $502,743 $502,743 $502,743 830 JOURNAL OF THE SENATE 98.6 Reduce funds from operations. State General Funds ($299,250) ($299,250) ($299,250) ($299,250) 98.7 Defer filling twenty-five vacant positions for the Secure License initiative funded in HB990 (FY09G). State General Funds ($874,802) ($874,802) ($874,802) ($874,802) 98.8 Reduce funds from vehicle purchases. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 98.9 Reduce funds from public service announcements, travel, and recruitment. State General Funds ($66,055) ($66,055) ($66,055) ($66,055) 98.10 Reduce funds from operations to realize efficiencies in service delivery and costs. State General Funds ($36,976) ($36,976) ($36,976) ($36,976) 98.11 Reduce funds and delay opening the Forsyth Customer Service Center until January 2009 and the Walton County Customer Service Center until July 2009. State General Funds ($980,559) ($980,559) ($980,559) ($980,559) 98.12 Reduce funds and defer opening the Clayton Customer Service Center and relocating the Toccoa Customer Service Centers, and eliminate 3 positions. State General Funds ($131,636) ($131,636) ($131,636) ($131,636) 98.13 Reduce funds from driver's license manuals by monitoring distribution of printed manuals and utilizing online versions. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 98.14 Reduce funds from data line charges due to efficiencies realized after driver data cleanup. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 98.15 Reduce funds to reflect the revised revenue estimate. State General Funds ($559,653) ($279,826) ($559,653) 98.100-License Issuance Appropriation (HB 118) 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 $44,015,170 $43,326,970 $43,606,797 $43,326,970 State General Funds $44,015,170 $43,326,970 $43,606,797 $43,326,970 TOTAL AGENCY FUNDS $1,827,835 $1,827,835 $1,827,835 $1,827,835 THURSDAY, MARCH 5, 2009 831 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,827,835 $1,827,835 $45,843,005 $1,827,835 $1,827,835 $45,154,805 $1,827,835 $1,827,835 $45,434,632 $1,827,835 $1,827,835 $45,154,805 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 $4,423,584 $4,423,584 $515,348 $515,348 $515,348 $4,938,932 $4,423,584 $4,423,584 $515,348 $515,348 $515,348 $4,938,932 $4,423,584 $4,423,584 $515,348 $515,348 $515,348 $4,938,932 $4,423,584 $4,423,584 $515,348 $515,348 $515,348 $4,938,932 99.1 Defer the FY09 cost of living adjustment. State General Funds ($19,954) ($19,954) ($19,954) ($19,954) 99.2 Defer structure adjustments to the statewide salary plan. State General Funds ($241) ($241) ($241) ($241) 99.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($97,427) ($104,603) ($104,603) ($104,603) 99.4 Reduce funds from the Alcohol and Drug Awareness program for classroom based instruction and realize savings by offering the program online. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 99.5 Reduce funds from public service announcements, travel, and recruitment. State General Funds ($8,500) ($8,500) ($8,500) ($8,500) 99.6 Reduce funds and institute risk-based auditing for driver education and third party commercial driver's license testing programs. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 99.7 Reduce funds from operations to realize efficiencies in service delivery and costs. 832 JOURNAL OF THE SENATE State General Funds ($387,149) 99.8 Reduce funds from operations. State General Funds ($22,903) 99.9 Reduce funds from the Georgia Driver's Education Commission. State General Funds ($275,621) ($387,149) ($22,903) ($275,621) ($387,149) ($22,903) ($275,621) ($387,149) ($22,903) ($275,621) 99.100-Regulatory Compliance Appropriation (HB 118) 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 $3,496,789 $3,489,613 $3,489,613 $3,489,613 State General Funds $3,496,789 $3,489,613 $3,489,613 $3,489,613 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 $4,012,137 $4,004,961 $4,004,961 $4,004,961 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 $341,592,254 $4,574,106 $337,018,148 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994 $341,592,254 $4,574,106 $337,018,148 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994 $341,592,254 $4,574,106 $337,018,148 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994 $341,592,254 $4,574,106 $337,018,148 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994 TOTAL STATE FUNDS State General Funds Lottery Proceeds Section Total - Final $340,808,751 $340,589,349 $3,825,253 $3,605,851 $336,983,498 $336,983,498 $336,903,601 $3,768,843 $333,134,758 $337,407,939 $3,768,843 $333,639,096 THURSDAY, MARCH 5, 2009 833 TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $465,504,491 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $465,285,089 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $461,599,341 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $462,103,679 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 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 $4,574,106 $4,574,106 $4,022,917 $4,022,917 $55,000 $55,000 $55,000 $8,652,023 $4,574,106 $4,574,106 $4,022,917 $4,022,917 $55,000 $55,000 $55,000 $8,652,023 $4,574,106 $4,574,106 $4,022,917 $4,022,917 $55,000 $55,000 $55,000 $8,652,023 $4,574,106 $4,574,106 $4,022,917 $4,022,917 $55,000 $55,000 $55,000 $8,652,023 100.1 Defer the FY09 cost of living adjustment. State General Funds ($51,314) ($51,314) ($51,314) ($51,314) 100.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,993) ($2,993) ($2,993) ($2,993) 100.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($232,532) ($413,681) ($250,689) ($250,689) 100.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,866 $4,866 $4,866 $4,866 100.5 Reduce funds by freezing one child care licensing position. State General Funds ($46,000) ($46,000) ($46,000) ($46,000) 834 JOURNAL OF THE SENATE 100.6 Reduce funds from operations. State General Funds ($279,174) 100.7 Reduce funds by closing the regional office in Martinez, Georgia. State General Funds ($54,369) 100.8 Reduce funds from personnel. State General Funds ($87,337) 100.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($279,174) ($54,369) ($87,337) ($38,253) ($279,174) ($54,369) ($87,337) ($38,253) ($279,174) ($54,369) ($87,337) ($38,253) 100.100-Child Care Services Appropriation (HB 118) 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 $3,825,253 $3,605,851 $3,768,843 $3,768,843 State General Funds $3,825,253 $3,605,851 $3,768,843 $3,768,843 TOTAL FEDERAL FUNDS $4,022,917 $4,022,917 $4,022,917 $4,022,917 Child Care & Development Block Grant CFDA93.575 $4,022,917 $4,022,917 $4,022,917 $4,022,917 TOTAL AGENCY FUNDS $55,000 $55,000 $55,000 $55,000 Sales and Services $55,000 $55,000 $55,000 $55,000 Sales and Services Not Itemized $55,000 $55,000 $55,000 $55,000 TOTAL PUBLIC FUNDS $7,903,170 $7,683,768 $7,846,760 $7,846,760 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 $102,000,000 $102,000,000 $102,000,000 Federal Funds Not Itemized $102,000,000 $102,000,000 $102,000,000 TOTAL PUBLIC FUNDS $102,000,000 $102,000,000 $102,000,000 101.100 -Nutrition Appropriation (HB 118) The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $102,000,000 $102,000,000 $102,000,000 Federal Funds Not Itemized $102,000,000 $102,000,000 $102,000,000 TOTAL PUBLIC FUNDS $102,000,000 $102,000,000 $102,000,000 $0 $102,000,000 $102,000,000 $102,000,000 $102,000,000 $102,000,000 $102,000,000 THURSDAY, MARCH 5, 2009 835 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. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $337,018,148 $0 $337,018,148 $617,823 $113,953 $503,870 $337,635,971 $337,018,148 $0 $337,018,148 $617,823 $113,953 $503,870 $337,635,971 $337,018,148 $0 $337,018,148 $617,823 $113,953 $503,870 $337,635,971 $337,018,148 $0 $337,018,148 $617,823 $113,953 $503,870 $337,635,971 102.1 Defer the FY09 cost of living adjustment. Lottery Proceeds ($34,650) ($34,650) ($34,650) ($34,650) 102.2 Transfer funds for Pre-K administration to the HOPE Scholarships - Public Schools program. Lottery Proceeds ($504,338) $0 102.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) and Other Post-Employment Benefits (OPEB) contributions for state employees from 22.165% to 0% effective February 1, 2009 through June 30, 2009 and transfer funds to the Hope Scholarships - Public Schools program. Lottery Proceeds ($180,936) ($180,936) 102.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) and Other Post-Employment Benefits (OPEB) contributions for Pre-K teachers from 18.534% to 3.688% for Pre-K teachers effective March 1, 2009 and transfer funds to the Hope Scholarships - Public Schools program. Lottery Proceeds ($3,163,466) ($3,163,466) 102.100-Pre-Kindergarten Program Appropriation (HB 118) 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 $336,983,498 $336,983,498 $333,134,758 $333,639,096 Lottery Proceeds $336,983,498 $336,983,498 $333,134,758 $333,639,096 TOTAL FEDERAL FUNDS $617,823 $617,823 $617,823 $617,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 $113,953 836 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $503,870 $503,870 $503,870 $503,870 $337,601,321 $337,601,321 $333,752,581 $334,256,919 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 $18,000,000 $18,000,000 $18,000,000 $0 $18,000,000 $18,000,000 $18,000,000 $0 $18,000,000 $18,000,000 $18,000,000 $0 $18,000,000 $18,000,000 $18,000,000 103.100-Quality Initiatives Appropriation (HB 118) 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 Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $18,000,000 $18,000,000 $18,000,000 $18,000,000 $18,000,000 $18,000,000 $18,000,000 $18,000,000 $18,000,000 $18,000,000 $18,000,000 $18,000,000 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 $39,581,672 $39,581,672 $20,244 $20,244 $39,601,916 $39,581,672 $39,581,672 $20,244 $20,244 $39,601,916 $39,581,672 $39,581,672 $20,244 $20,244 $39,601,916 $39,581,672 $39,581,672 $20,244 $20,244 $39,601,916 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Final $32,464,026 $32,070,512 $32,464,026 $32,070,512 $20,244 $20,244 $20,244 $20,244 $32,484,270 $32,090,756 $32,348,526 $32,348,526 $20,244 $20,244 $32,368,770 $32,129,026 $32,129,026 $20,244 $20,244 $32,149,270 THURSDAY, MARCH 5, 2009 837 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 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 104.1 Defer the FY09 cost of living adjustment. State General Funds ($75,543) ($75,543) ($75,543) ($75,543) 104.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($279,178) ($299,741) ($299,741) ($299,741) 104.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $7,835 $7,835 $7,835 $7,835 104.4 Reduce funds from domestic and global marketing for advertising purchases, sponsorships, public relations contracts, website upgrades, and the implementation of the Living Room Concept for Biotechnology Industry Organization's Annual International Convention in 2009. State General Funds ($1,074,959) ($1,074,959) ($1,074,959) ($1,074,959) 104.5 Reduce funds by eliminating one office administrative generalist position and one vacant marketing specialist position. (H and S:Reduce funds by eliminating one office administrative generalist position and four vacant marketing specialist positions) State General Funds ($117,054) ($117,054) ($282,183) ($282,183) 104.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($100,000) $0 $0 104.100-Business Recruitment and Expansion Appropriation (HB 118) 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 $9,717,620 $9,597,057 $9,531,928 $9,531,928 State General Funds $9,717,620 $9,597,057 $9,531,928 $9,531,928 TOTAL PUBLIC FUNDS $9,717,620 $9,597,057 $9,531,928 $9,531,928 838 JOURNAL OF THE SENATE 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 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 105.1 Defer the FY09 cost of living adjustment. State General Funds ($43,533) ($43,533) ($43,533) ($43,533) 105.2 Defer structure adjustments to the statewide salary plan. State General Funds ($962) ($962) ($962) ($962) 105.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($227,013) ($243,733) ($243,733) ($243,733) 105.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $13,511 $13,511 $13,511 $13,511 105.5 Reduce funds for technology upgrades and the contract to clean fleet vehicles monthly. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 105.6 Reduce funds by eliminating one vacant graphics specialist, one vacant programmer position, one vacant executive director position, one vacant administrative position, and one vacant systems administrator position. (H and S:In addition, eliminate one vacant business operations position) State General Funds ($373,000) ($373,000) ($467,437) ($467,437) 105.7 Reduce funds received in HB85 (FY06G) for the Georgia Shrimp Association. (H and S:Eliminate remaining funds) State General Funds ($10,000) ($10,000) ($100,000) ($100,000) 105.8 Reduce funds received in HB85 (FY06G) for the branding campaign. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 105.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($100,000) $0 $0 THURSDAY, MARCH 5, 2009 839 105.100-Departmental Administration Appropriation (HB 118) 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 $5,016,631 $4,899,911 $4,815,474 $4,815,474 State General Funds $5,016,631 $4,899,911 $4,815,474 $4,815,474 TOTAL PUBLIC FUNDS $5,016,631 $4,899,911 $4,815,474 $4,815,474 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 TOTAL PUBLIC FUNDS $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 106.1 Defer the FY09 cost of living adjustment. State General Funds ($6,345) ($6,345) ($6,345) ($6,345) 106.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($31,377) ($33,688) ($33,688) ($33,688) 106.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $235 $235 $235 $235 106.4 Reduce funds received in HB85 (FY06G) for expanded recorded music industry promotions, additional film industry advertising, and entertainment technology marketing. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 106.5 Reduce funds from advertisement placements, sponsorships, marketing events, and other promotional initiatives. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 106.100-Film, Video, and Music Appropriation (HB 118) 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. 840 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,029,538 $1,029,538 $1,029,538 $1,027,227 $1,027,227 $1,027,227 $1,027,227 $1,027,227 $1,027,227 $1,027,227 $1,027,227 $1,027,227 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 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 107.1 Defer the FY09 cost of living adjustment. State General Funds ($6,191) ($6,191) ($6,191) ($6,191) 107.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($29,639) ($31,822) ($31,822) ($31,822) 107.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $611 $611 $611 $611 107.4 Reduce funds from personnel. State General Funds ($52,217) ($52,217) ($52,217) ($52,217) 107.5 Reduce funds from marketing for the Georgia Electronic Design Center. (H and S:Eliminate remaining funds) State General Funds ($15,000) ($15,000) ($150,000) ($150,000) 107.6 Reduce one-time funds received in HB990 (FY09G) for the Herty Advanced Materials Development Center. (H and S:Reduce contract funds) State General Funds ($200,000) ($200,000) ($100,000) ($100,000) 107.7 Reduce funds from contracts with Appalachian Community Enterprises for micro-enterprise loans. State General Funds ($7,500) ($7,500) ($7,500) ($7,500) 107.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($108,370) ($108,370) ($108,370) THURSDAY, MARCH 5, 2009 841 107.100-Innovation and Technology Appropriation (HB 118) 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 $1,622,568 $1,512,015 $1,477,015 $1,477,015 State General Funds $1,622,568 $1,512,015 $1,477,015 $1,477,015 TOTAL PUBLIC FUNDS $1,622,568 $1,512,015 $1,477,015 $1,477,015 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 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 108.1 Defer the FY09 cost of living adjustment. State General Funds ($10,697) ($10,697) ($10,697) ($10,697) 108.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($51,194) ($54,965) ($54,965) ($54,965) 108.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,409 $1,409 $1,409 $1,409 108.4 Reduce funds by eliminating one vacant business operations position. State General Funds ($55,420) ($55,420) ($55,420) ($55,420) 108.5 Reduce funds received in HB85 (FY06G) for international industry marketing. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 108.6 Reduce funds from marketing for trade show attendance. State General Funds ($98,430) ($98,430) ($98,430) ($98,430) 108.100-International Relations and Trade Appropriation (HB 118) 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. 842 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,026,634 $2,026,634 $2,026,634 $2,022,863 $2,022,863 $2,022,863 $2,022,863 $2,022,863 $2,022,863 $2,022,863 $2,022,863 $2,022,863 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $958,904 $958,904 $20,244 $20,244 $20,244 $979,148 $958,904 $958,904 $20,244 $20,244 $20,244 $979,148 $958,904 $958,904 $20,244 $20,244 $20,244 $979,148 $958,904 $958,904 $20,244 $20,244 $20,244 $979,148 109.1 Defer the FY09 cost of living adjustment. State General Funds ($8,376) ($8,376) ($8,376) ($8,376) 109.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($40,069) ($43,020) ($43,020) ($43,020) 109.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $845 $845 $845 $845 109.4 Reduce funds by eliminating one vacant business operations position. State General Funds ($75,309) ($75,309) ($75,309) ($75,309) 109.100-Small and Minority Business Development Appropriation (HB 118) 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 $835,995 $833,044 $833,044 $833,044 State General Funds $835,995 $833,044 $833,044 $833,044 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 $20,244 THURSDAY, MARCH 5, 2009 843 Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $20,244 $856,239 $20,244 $853,288 $20,244 $853,288 $20,244 $853,288 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 State General Funds TOTAL PUBLIC FUNDS $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 110.1 Defer the FY09 cost of living adjustment. State General Funds ($46,586) ($46,586) ($46,586) ($46,586) 110.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($226,855) ($243,564) ($243,564) ($243,564) 110.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $9,311 $9,311 $9,311 $9,311 110.4 Reduce funds by eliminating two positions. State General Funds ($220,000) ($220,000) ($220,000) ($220,000) 110.5 Reduce funds from marketing for the Spring Campaign, the Marketing Co-Op Grant Program, the Tourism Product Development Program, the Techno-Tourism e-Challenge Grant Program, foreign advertising, and conference and trade show attendance. (H and S:Partially restore funds for Tourism marketing) State General Funds ($1,312,600) ($1,312,600) ($662,600) ($912,600) 110.6 Reduce funds from travel, training, and promotional items. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 110.7 Reduce funds received in HB95 (FY08G) for the Civil War Commemoration preparation and Resaca Battlefield development. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 110.8 Reduce funds from the Bainbridge welcome center ($9,833), Washington-Wilkes welcome center ($2,500), Statesboro and Woodstock convention and visitor bureaus ($4,000), and local welcome center contracts ($15,513). 844 JOURNAL OF THE SENATE State General Funds ($31,846) ($31,846) ($31,846) ($31,846) 110.9 Reduce funds from the Historic Chattahoochee Commission. State General Funds 110.10 Reduce funds from the Warner Robins Air Force Museum. State General Funds ($2,500) ($2,500) ($2,500) ($2,500) ($25,000) ($25,000) ($2,500) ($25,000) 110.11 Reduce funds from the contract with the Georgia Historical Society. State General Funds ($6,000) ($6,000) ($6,000) ($30,000) 110.12 Reduce funds from the State Visitor Information Centers. (H and S:Reduce funds for State Visitor Information Centers (VIC) to realize savings from altering operating hours at VICs to a Thursday to Monday schedule and continue to fund operations for the Sylvania and Plains VICs) State General Funds ($32,580) ($32,580) ($25,000) ($25,000) 110.13 Reduce funds received in HB990 (FY09G) from the Veteran's Wall of Honor. State General Funds ($150,000) ($150,000) 110.100 -Tourism Appropriation (HB 118) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $10,588,022 $10,571,313 $11,033,893 $10,782,393 State General Funds $10,588,022 $10,571,313 $11,033,893 $10,782,393 TOTAL PUBLIC FUNDS $10,588,022 $10,571,313 $11,033,893 $10,782,393 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 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 111.1 Reduce funds from operations. State General Funds ($5,000) ($5,000) ($5,000) ($5,000) THURSDAY, MARCH 5, 2009 845 111.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($450) ($450) ($450) 111.100-Civil War Commission Appropriation (HB 118) 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 $45,000 $44,550 $44,550 $44,550 State General Funds $45,000 $44,550 $44,550 $44,550 TOTAL PUBLIC FUNDS $45,000 $44,550 $44,550 $44,550 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 State General Funds TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 112.1 Reduce funds from operations. State General Funds ($5,000) ($5,000) ($5,000) 112.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($450) ($450) 112.100-Payments to Aviation Hall of Fame Appropriation (HB 118) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $45,000 $44,550 $44,550 State General Funds $45,000 $44,550 $44,550 TOTAL PUBLIC FUNDS $45,000 $44,550 $44,550 $50,000 $50,000 $50,000 ($5,000) ($450) $44,550 $44,550 $44,550 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 $414,189 $414,189 $414,189 $414,189 $414,189 $414,189 $414,189 $414,189 $414,189 113.1 Defer the FY09 cost of living adjustment. $414,189 $414,189 $414,189 846 JOURNAL OF THE SENATE State General Funds ($2,901) ($2,901) ($2,901) ($2,901) 113.2 Reduce funds from operations. (S:Restore funds to enable the facility to remain open through the end of the fiscal year) State General Funds ($150,000) ($150,000) ($150,000) ($118,000) 113.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,613) ($2,613) ($2,613) 113.100-Payments to Georgia Medical Center Authority Appropriation (HB 118) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $261,288 $258,675 $258,675 State General Funds $261,288 $258,675 $258,675 TOTAL PUBLIC FUNDS $261,288 $258,675 $258,675 $290,675 $290,675 $290,675 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 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 114.1 Defer the FY09 cost of living adjustment. State General Funds ($7,071) ($7,071) ($7,071) ($7,071) 114.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($30,448) ($32,691) ($32,691) ($32,691) 114.3 Reduce funds from operations. State General Funds ($79,998) ($79,998) ($79,998) ($79,998) 114.4 Reduce funds received in HB990 (FY09G) for the Big House. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 114.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($6,593) ($6,593) ($6,593) THURSDAY, MARCH 5, 2009 847 114.100-Payments to Georgia Music Hall of Fame Authority Appropriation (HB 118) The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $659,273 $650,437 $650,437 State General Funds $659,273 $650,437 $650,437 TOTAL PUBLIC FUNDS $659,273 $650,437 $650,437 $650,437 $650,437 $650,437 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 $651,969 $651,969 $651,969 $651,969 $651,969 $651,969 $651,969 $651,969 $651,969 $651,969 $651,969 $651,969 115.1 Defer the FY09 cost of living adjustment. State General Funds ($3,960) ($3,960) ($3,960) ($3,960) 115.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($19,305) ($20,727) ($20,727) ($20,727) 115.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,785 $1,785 $1,785 $1,785 115.4 Reduce funds from operations. State General Funds ($88,032) ($88,032) ($88,032) ($88,032) 115.5 Reduce one-time funds received in HB95 (FY08G) for operations. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 115.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,175) ($5,175) 115.100-Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 118) The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $517,457 $510,860 $510,860 State General Funds $517,457 $510,860 $510,860 TOTAL PUBLIC FUNDS $517,457 $510,860 $510,860 ($5,175) $510,860 $510,860 $510,860 848 JOURNAL OF THE SENATE Payments to Golf Hall Of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $110,000 $110,000 $110,000 $110,000 $110,000 $110,000 $110,000 $110,000 $110,000 116.1 Reduce funds from operations. State General Funds ($11,000) ($11,000) ($11,000) 116.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($990) ($990) 116.100-Payments to Golf Hall Of Fame Authority Appropriation (HB 118) The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. TOTAL STATE FUNDS $99,000 $98,010 $98,010 State General Funds $99,000 $98,010 $98,010 TOTAL PUBLIC FUNDS $99,000 $98,010 $98,010 $110,000 $110,000 $110,000 ($11,000) ($990) $98,010 $98,010 $98,010 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 Section Total - Continuation $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,853,645,621 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,853,645,621 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,853,645,621 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,853,645,621 TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs Section Total - Final $7,703,946,140 $7,504,189,274 $7,516,668,014 $7,316,911,148 $187,278,126 $187,278,126 $7,503,823,423 $7,316,545,297 $187,278,126 $7,505,369,703 $7,318,091,577 $187,278,126 THURSDAY, MARCH 5, 2009 849 TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,361,993,990 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,162,237,124 $1,776,517,223 $145,317,456 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,307,188,729 $1,776,517,223 $145,317,456 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,308,735,009 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 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 State General Funds TOTAL PUBLIC FUNDS $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 117.1 Defer the FY09 cost of living adjustment. State General Funds ($27,261) ($27,261) ($27,261) ($27,261) 117.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($83,397) ($115,982) ($115,982) ($115,982) 117.3 Reduce funds from the Academic Coach activity. State General Funds ($893,710) ($893,710) ($893,710) ($893,710) 117.4 Reduce funds from operations and realize savings from seven vacant math and science mentors. State General Funds ($661,780) ($661,780) ($661,780) ($661,780) 117.5 Eliminate funds for Mentor Teachers. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 117.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($67,128) ($67,128) ($67,128) 850 JOURNAL OF THE SENATE 117.100-Academic Coach Program Appropriation (HB 118) 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 $3,378,205 $3,278,492 $3,278,492 $3,278,492 State General Funds $3,378,205 $3,278,492 $3,278,492 $3,278,492 TOTAL PUBLIC FUNDS $3,378,205 $3,278,492 $3,278,492 $3,278,492 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 $8,985,622 $8,985,622 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201 $8,985,622 $8,985,622 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201 $8,985,622 $8,985,622 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201 $8,985,622 $8,985,622 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201 118.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($255,801) ($355,747) ($255,747) ($255,747) 118.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($111,742) $0 $0 118.3 Reduce funds from Food Processing Plants. State General Funds ($50,000) ($50,000) 118.4 Reduce funds from the Area Teacher Program. State General Funds ($50,294) ($50,294) 118.5 Reduce funds from Extended Day/Year programs. State General Funds ($92,282) ($92,282) THURSDAY, MARCH 5, 2009 851 118.6 Reduce funds from Young Farmer programs. State General Funds 118.7 Reduce funds from Youth Camp programs. State General Funds ($82,842) ($14,681) ($82,842) ($14,681) 118.100-Agricultural Education Appropriation (HB 118) 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 $8,729,821 $8,518,133 $8,439,776 $8,439,776 State General Funds $8,729,821 $8,518,133 $8,439,776 $8,439,776 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 $3,540,002 $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers $3,540,002 $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers Not Itemized $3,540,002 $3,540,002 $3,540,002 $3,540,002 TOTAL PUBLIC FUNDS $12,396,400 $12,184,712 $12,106,355 $12,106,355 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 TOTAL PUBLIC FUNDS $41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $102,653,284 $41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $102,653,284 $41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $102,653,284 $41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $102,653,284 852 JOURNAL OF THE SENATE 119.1 Defer the FY09 cost of living adjustment. State General Funds ($435,111) ($435,111) ($435,111) ($435,111) 119.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,098,884) ($1,528,237) ($1,528,237) ($1,528,237) 119.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $99,016 $99,016 $99,016 $99,016 119.4 Reduce funds from forty vacant positions. State General Funds ($1,910,869) ($1,910,869) ($1,910,869) ($1,910,869) 119.5 Reduce funds from operations. State General Funds ($755,634) ($755,634) ($755,634) ($755,634) 119.6 Reduce funds from contracts. State General Funds ($1,227,565) ($1,227,565) ($1,227,565) ($1,227,565) 119.7 Eliminate funds for Teacher Liability Insurance effective February 1, 2009. State General Funds ($136,364) ($136,364) ($136,364) ($136,364) 119.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($456,434) ($456,434) ($456,434) 119.100-Central Office Appropriation (HB 118) The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $35,658,825 $34,773,038 $34,773,038 State General Funds $35,658,825 $34,773,038 $34,773,038 TOTAL FEDERAL FUNDS $53,696,847 $53,696,847 $53,696,847 Federal Funds Not Itemized $53,696,847 $53,696,847 $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 $34,773,038 $34,773,038 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 THURSDAY, MARCH 5, 2009 853 Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $97,187,873 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $96,302,086 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $96,302,086 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $96,302,086 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884 $3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884 $3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884 $3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884 120.1 Reduce funds from facility grants. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 120.2 Reduce funds from planning grants. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 120.3 Reduce funds by eliminating two temporary positions at the Georgia Charter School Commission. State General Funds ($200,001) ($200,001) ($200,001) ($200,001) 120.4 Reduce funds from implementation grants by providing two grants instead of five. State General Funds ($375,000) ($375,000) ($375,000) ($375,000) 120.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($36,226) $0 $0 120.100-Charter Schools Appropriation (HB 118) 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. 854 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,830,192 $2,830,192 $7,365,691 $7,365,691 $10,195,883 $2,793,966 $2,793,966 $7,365,691 $7,365,691 $10,159,657 $2,830,192 $2,830,192 $7,365,691 $7,365,691 $10,195,883 $2,830,192 $2,830,192 $7,365,691 $7,365,691 $10,195,883 Communities in Schools Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 121.1 Reduce funds by 10%. State General Funds ($132,062) ($132,062) ($132,062) ($132,062) 121.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,214) ($15,214) ($15,214) 121.100-Communities in Schools Appropriation (HB 118) 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 $1,188,561 $1,173,347 $1,173,347 $1,173,347 State General Funds $1,188,561 $1,173,347 $1,173,347 $1,173,347 TOTAL PUBLIC FUNDS $1,188,561 $1,173,347 $1,173,347 $1,173,347 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 State General Funds TOTAL PUBLIC FUNDS $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 122.1 Reduce funds from contracts by 10%. State General Funds ($121,553) ($121,553) ($121,553) ($121,553) THURSDAY, MARCH 5, 2009 855 122.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($18,602) ($74,833) ($74,833) 122.100-Curriculum Development Appropriation (HB 118) The purpose of this appropriation is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. TOTAL STATE FUNDS $1,453,280 $1,434,678 $1,378,447 $1,378,447 State General Funds $1,453,280 $1,434,678 $1,378,447 $1,378,447 TOTAL PUBLIC FUNDS $1,453,280 $1,434,678 $1,378,447 $1,378,447 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 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 123.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($1,717,087) ($2,387,982) ($2,387,982) ($2,387,982) 123.2 Reduce funds from Graduation Coaches based on the actual number of coaches. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 123.3 Reduce funds from the spring training session for graduation coaches. State General Funds ($33,333) ($33,333) ($33,333) ($33,333) 123.4 Eliminate the Junior Reserve Officer Training Corps (JROTC) start-up activity. State General Funds ($240,000) ($240,000) ($240,000) ($240,000) 123.100-Dropout Prevention Appropriation (HB 118) The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS $50,184,216 $49,513,321 $49,513,321 State General Funds $50,184,216 $49,513,321 $49,513,321 TOTAL PUBLIC FUNDS $50,184,216 $49,513,321 $49,513,321 $49,513,321 $49,513,321 $49,513,321 856 JOURNAL OF THE SENATE 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 $1,024,026,289 $1,024,026,289 $1,024,026,289 $0 $1,024,026,289 $1,024,026,289 $1,024,026,289 $0 $1,024,026,289 $1,024,026,289 $1,024,026,289 $0 $1,024,026,289 $1,024,026,289 $1,024,026,289 124.100-Federal Programs Appropriation (HB 118) 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 $1,024,026,289 Federal Funds Not Itemized $1,024,026,289 $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 $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 State General Funds TOTAL PUBLIC FUNDS $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 125.1 Eliminate funds. State General Funds ($384,375) ($384,375) ($384,375) ($384,375) 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 $8,351,576 $8,351,576 $8,351,576 $8,351,576 Federal Funds Not Itemized $8,351,576 $8,351,576 $8,351,576 $8,351,576 TOTAL PUBLIC FUNDS $8,351,576 $8,351,576 $8,351,576 $8,351,576 126.100-Georgia Learning Resources System Appropriation (HB 118) 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 $8,351,576 THURSDAY, MARCH 5, 2009 857 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,351,576 $8,351,576 $8,351,576 $8,351,576 $8,351,576 $8,351,576 $8,351,576 $8,351,576 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,123,362 $4,123,362 $722,213 $722,213 $722,213 $4,845,575 $4,123,362 $4,123,362 $722,213 $722,213 $722,213 $4,845,575 $4,123,362 $4,123,362 $722,213 $722,213 $722,213 $4,845,575 $4,123,362 $4,123,362 $722,213 $722,213 $722,213 $4,845,575 127.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($264,632) ($368,028) ($368,028) ($368,028) 127.2 Increase funds for an additional 1,500 courses. Revenue Shortfall Reserve for K-12 Needs $930,180 $930,180 $930,180 $930,180 127.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($61,298) ($61,298) ($61,298) 127.100-Georgia Virtual School Appropriation (HB 118) 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 $4,788,910 $4,624,216 $4,624,216 $4,624,216 State General Funds $3,858,730 $3,694,036 $3,694,036 $3,694,036 Revenue Shortfall Reserve for K-12 Needs $930,180 $930,180 $930,180 $930,180 TOTAL AGENCY FUNDS $722,213 $722,213 $722,213 $722,213 Sales and Services $722,213 $722,213 $722,213 $722,213 Sales and Services Not Itemized $722,213 $722,213 $722,213 $722,213 TOTAL PUBLIC FUNDS $5,511,123 $5,346,429 $5,346,429 $5,346,429 858 JOURNAL OF THE SENATE 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 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 128.1 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,200) $0 ($3,200) 128.100-Georgia Youth Science and Technology Appropriation (HB 118) 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 $250,000 $246,800 $250,000 $246,800 State General Funds $250,000 $246,800 $250,000 $246,800 TOTAL PUBLIC FUNDS $250,000 $246,800 $250,000 $246,800 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 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 129.1 Defer the FY09 cost of living adjustment. State General Funds ($7,483) ($7,483) ($7,483) ($7,483) 129.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($22,892) ($31,836) ($31,836) ($31,836) 129.3 Reduce funds from contracts. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 129.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($17,133) $0 ($17,133) THURSDAY, MARCH 5, 2009 859 129.100-Governor's Honors Program Appropriation (HB 118) 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 $1,338,518 $1,312,441 $1,329,574 $1,312,441 State General Funds $1,338,518 $1,312,441 $1,329,574 $1,312,441 TOTAL PUBLIC FUNDS $1,338,518 $1,312,441 $1,329,574 $1,312,441 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 State General Funds TOTAL PUBLIC FUNDS $7,217,319 $7,217,319 $7,217,319 $7,217,319 $7,217,319 $7,217,319 $7,217,319 $7,217,319 $7,217,319 $7,217,319 $7,217,319 $7,217,319 130.1 Reduce funds from contracts to begin to phase out the Education Technology Training Centers (ETTCs). State General Funds ($368,231) ($368,231) ($368,231) ($368,231) 130.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($87,668) $0 ($87,668) 130.100-Information Technology Services Appropriation (HB 118) 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 $6,849,088 $6,761,420 $6,849,088 $6,761,420 State General Funds $6,849,088 $6,761,420 $6,849,088 $6,761,420 TOTAL PUBLIC FUNDS $6,849,088 $6,761,420 $6,849,088 $6,761,420 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 TOTAL PUBLIC 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 $12,294,628 $12,294,628 $12,294,628 $12,294,628 860 JOURNAL OF THE SENATE 131.100-National Board Certification Appropriation (HB 118) 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 $12,294,628 State General Funds $12,294,628 $12,294,628 $12,294,628 $12,294,628 TOTAL PUBLIC FUNDS $12,294,628 $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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 132.1 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,600) ($37,500) $0 132.2 Reduce funds by 10%. State General Funds ($75,000) 132.100-National Science Center and Foundation Appropriation (HB 118) 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 $750,000 $740,400 $712,500 $675,000 State General Funds $750,000 $740,400 $712,500 $675,000 TOTAL PUBLIC FUNDS $750,000 $740,400 $712,500 $675,000 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 State General Funds TOTAL PUBLIC FUNDS $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 THURSDAY, MARCH 5, 2009 861 133.1 Reduce funds from the Migrant Education grants. State General Funds ($10,396) ($10,396) ($10,396) ($10,396) 133.2 Reduce funds from the Sparsity grants. State General Funds ($254,098) ($254,098) ($254,098) ($254,098) 133.3 Reduce funds from Georgia Special Needs Scholarship grants. State General Funds ($113,135) ($113,135) ($113,135) ($113,135) 133.4 Reduce funds from the Special Education - Low Incidence grants. State General Funds ($16,534) ($16,534) ($16,534) ($16,534) 133.5 Reduce funds from classroom cards based on actual expenditures. State General Funds ($85,000) ($85,000) ($285,000) ($285,000) 133.6 Reduce funds from Residential Treatment Facilities grants. State General Funds ($80,225) ($80,225) ($80,225) ($80,225) 133.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($218,965) ($18,965) ($18,965) 133.100-Non Quality Basic Education Formula Grants Appropriation (HB 118) 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 $28,065,985 $27,847,020 $27,847,020 $27,847,020 State General Funds $28,065,985 $27,847,020 $27,847,020 $27,847,020 TOTAL PUBLIC FUNDS $28,065,985 $27,847,020 $27,847,020 $27,847,020 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 $39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754 $39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754 $39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754 $39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754 862 JOURNAL OF THE SENATE 134.100 -Nutrition Appropriation (HB 118) 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 $39,823,217 $39,823,217 $39,823,217 $39,823,217 State General Funds $39,823,217 $39,823,217 $39,823,217 $39,823,217 TOTAL FEDERAL FUNDS $468,889,537 $468,889,537 $468,889,537 $468,889,537 Federal Funds Not Itemized $468,889,537 $468,889,537 $468,889,537 $468,889,537 TOTAL PUBLIC FUNDS $508,712,754 $508,712,754 $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 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 135.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($796,138) ($1,107,203) ($1,107,203) ($1,107,203) 135.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($378,393) $0 $0 135.100-Preschool Handicapped Appropriation (HB 118) 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 $29,561,934 $28,872,476 $29,250,869 $29,250,869 State General Funds $29,561,934 $28,872,476 $29,250,869 $29,250,869 TOTAL PUBLIC FUNDS $29,561,934 $28,872,476 $29,250,869 $29,250,869 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 $170,943,051 $170,943,051 $170,943,051 $170,943,051 THURSDAY, MARCH 5, 2009 863 State General Funds TOTAL PUBLIC FUNDS $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 136.100-Pupil Transportation Appropriation (HB 118) 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 $170,943,051 $170,943,051 $170,943,051 $170,943,051 State General Funds $170,943,051 $170,943,051 $170,943,051 $170,943,051 TOTAL PUBLIC FUNDS $170,943,051 $170,943,051 $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 State General Funds TOTAL PUBLIC FUNDS $548,529,543 $548,529,543 $548,529,543 $548,529,543 $548,529,543 $548,529,543 $548,529,543 $548,529,543 $548,529,543 $548,529,543 $548,529,543 $548,529,543 137.1 Increase funds for the mid-term adjustment. Revenue Shortfall Reserve for K-12 Needs $7,978,389 $7,978,389 $7,978,389 $7,978,389 137.100-Quality Basic Education Equalization Appropriation (HB 118) 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 $556,507,932 $556,507,932 $556,507,932 $556,507,932 State General Funds $548,529,543 $548,529,543 $548,529,543 $548,529,543 Revenue Shortfall Reserve for K-12 Needs $7,978,389 $7,978,389 $7,978,389 $7,978,389 TOTAL PUBLIC FUNDS $556,507,932 $556,507,932 $556,507,932 $556,507,932 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 ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) 864 JOURNAL OF THE SENATE 138.1 Decrease funds for school systems with declining tax digests. State General Funds $1,069,218 $1,069,218 $1,069,218 $1,069,218 138.100-Quality Basic Education Local Five Mill Share Appropriation (HB 118) 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 ($1,689,780,568) ($1,689,780,568) ($1,689,780,568) ($1,689,780,568) State General Funds ($1,689,780,568) ($1,689,780,568) ($1,689,780,568) ($1,689,780,568) TOTAL PUBLIC FUNDS ($1,689,780,568) ($1,689,780,568) ($1,689,780,568) ($1,689,780,568) 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 State General Funds TOTAL PUBLIC FUNDS $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 139.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($250,729,622) ($348,693,969) ($348,693,969) ($348,693,969) 139.2 Reduce funds from the Quality Basic Education (QBE) funding formula by 2%. State General Funds ($135,799,719) ($135,799,719) ($135,799,719) ($135,799,719) 139.3 Reduce funds from additional QBE enhancements. (H and S:Replace with funds from the American Recovery and Reinvestment Act fiscal stabilization funds based on Georgia's compliance with maintaining FY06 funding levels and other required assurances and pending the approval of the Governor's application for funding) State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($50,000,000) ($50,000,000) ($50,000,000) $50,000,000 $0 ($50,000,000) $50,000,000 $0 139.4 Increase funds for the mid-term adjustment to account for an enrollment growth of 0.23%. Revenue Shortfall Reserve for K-12 Needs $77,871,275 $77,871,275 $77,871,275 $77,871,275 139.5 Increase funds for dual enrollment courses. (H and S:Utilize QBE hold harmless funding) THURSDAY, MARCH 5, 2009 865 Revenue Shortfall Reserve for K-12 Needs $1,390,960 $1,390,960 $0 $0 139.6 Replace funds. State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS ($99,107,322) $99,107,322 $0 ($99,107,322) ($100,198,282) $99,107,322 $100,198,282 $0 $0 ($98,215,965) $98,215,965 $0 139.7 Reduce funds to reflect the revised revenue estimate. (H and S:Replace with funds from the American Recovery and Reinvestment Act fiscal stabilization funds based on Georgia's compliance with maintaining FY06 funding levels and other required assurances and pending the approval of the Governor's application for funding) State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($95,317,456) ($95,317,456) $95,317,456 $0 ($95,317,456) $95,317,456 $0 139.8 Increase funds to correct an error in Tift County Public Schools consumer price index (CPI) data. (S:Increase funds for middle school adjustment waivers in White County ($75,499) and mandatory QBE adjustments for charter systems ($1,906,818)) Revenue Shortfall Reserve for K-12 Needs $300,000 $2,282,317 139.100-Quality Basic Education Program Appropriation (HB 118) 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 $8,123,568,193 $7,930,286,390 $7,929,195,430 $7,931,177,747 State General Funds $7,945,198,636 $7,751,916,833 $7,750,825,873 $7,752,808,190 Revenue Shortfall Reserve for K-12 Needs $178,369,557 $178,369,557 $178,369,557 $178,369,557 TOTAL FEDERAL FUNDS $145,317,456 $145,317,456 American Recovery and Reinvestment Act of 2009 $145,317,456 $145,317,456 TOTAL PUBLIC FUNDS $8,123,568,193 $7,930,286,390 $8,074,512,886 $8,076,495,203 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 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 140.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 866 JOURNAL OF THE SENATE (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($368,015) ($511,805) ($511,805) ($511,805) 140.2 Reduce funds by 10%. State General Funds ($1,240,884) ($1,240,884) ($1,240,884) ($1,240,884) 140.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($138,239) $0 $0 140.100-Regional Education Service Agencies Appropriation (HB 118) 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 $10,799,941 $10,517,912 $10,656,151 $10,656,151 State General Funds $10,799,941 $10,517,912 $10,656,151 $10,656,151 TOTAL PUBLIC FUNDS $10,799,941 $10,517,912 $10,656,151 $10,656,151 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 $10,191,533 $10,191,533 $100,000 $100,000 $100,000 $10,291,533 $10,191,533 $10,191,533 $100,000 $100,000 $100,000 $10,291,533 $10,191,533 $10,191,533 $100,000 $100,000 $100,000 $10,291,533 $10,191,533 $10,191,533 $100,000 $100,000 $100,000 $10,291,533 141.1 Defer the FY09 cost of living adjustment. State General Funds ($140,581) ($140,581) ($140,581) ($140,581) 141.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($430,068) ($598,103) ($598,103) ($598,103) 141.3 Reduce funds from five vacant positions. THURSDAY, MARCH 5, 2009 867 State General Funds 141.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) ($116,747) ($500,000) ($500,000) 141.100-School Improvement Appropriation (HB 118) 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 $9,120,884 $8,836,102 $8,452,849 $8,452,849 State General Funds $9,120,884 $8,836,102 $8,452,849 $8,452,849 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 $9,220,884 $8,936,102 $8,552,849 $8,552,849 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 $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 $30,000,000 142.100-School Nurses Appropriation (HB 118) 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 $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 State General Funds TOTAL FEDERAL FUNDS $70,845,875 $70,845,875 $13,359,858 $70,845,875 $70,845,875 $13,359,858 $70,845,875 $70,845,875 $13,359,858 $70,845,875 $70,845,875 $13,359,858 868 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,359,858 $84,205,733 $13,359,858 $84,205,733 $13,359,858 $84,205,733 $13,359,858 $84,205,733 143.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($1,969,137) ($2,738,512) ($2,738,512) ($2,738,512) 143.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($881,622) ($100,000) ($100,000) 143.100-Severely Emotionally Disturbed Appropriation (HB 118) The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $68,876,738 $67,225,741 $68,007,363 $68,007,363 State General Funds $68,876,738 $67,225,741 $68,007,363 $68,007,363 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $82,236,596 $80,585,599 $81,367,221 $81,367,221 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 $257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097 $257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097 $257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097 $257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097 144.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($124,432,029) ($124,432,029) ($124,432,029) ($124,432,029) 144.100-State Interagency Transfers Appropriation (HB 118) 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. THURSDAY, MARCH 5, 2009 869 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $133,029,992 $133,029,992 $19,445,076 $19,445,076 $152,475,068 $133,029,992 $133,029,992 $19,445,076 $19,445,076 $152,475,068 $133,029,992 $133,029,992 $19,445,076 $19,445,076 $152,475,068 $133,029,992 $133,029,992 $19,445,076 $19,445,076 $152,475,068 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $23,357,809 $23,357,809 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008 $23,357,809 $23,357,809 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008 $23,357,809 $23,357,809 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008 $23,357,809 $23,357,809 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008 145.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($572,839) ($796,657) ($796,657) ($796,657) 145.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($291,648) $0 $0 145.100-State Schools Appropriation (HB 118) 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 $22,784,970 $22,269,504 $22,561,152 $22,561,152 State General Funds $22,784,970 $22,269,504 $22,561,152 $22,561,152 TOTAL AGENCY FUNDS $1,649,199 $1,649,199 $1,649,199 $1,649,199 Contributions, Donations, and Forfeitures $716,484 $716,484 $716,484 $716,484 870 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $716,484 $828,560 $828,560 $104,155 $104,155 $24,434,169 $716,484 $828,560 $828,560 $104,155 $104,155 $23,918,703 $716,484 $828,560 $828,560 $104,155 $104,155 $24,210,351 $716,484 $828,560 $828,560 $104,155 $104,155 $24,210,351 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 $16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212 $16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212 $16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212 $16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212 146.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($204,364) ($284,212) ($284,212) ($284,212) 146.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($212,385) $0 $0 146.3 Reduce funds from High Schools That Work. State General Funds ($28,500) ($28,500) 146.4 Reduce funds from Vocational Industry Certification. State General Funds ($212,385) ($212,385) 146.5 Reduce funds from Youth Apprenticeship grants. State General Funds ($214,082) ($214,082) 146.6 Reduce funds from Vocational Supervisors. State General Funds ($178,391) ($178,391) THURSDAY, MARCH 5, 2009 871 146.100-Technology/Career Education Appropriation (HB 118) The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,592,608 $16,300,375 $15,879,402 State General Funds $16,592,608 $16,300,375 $15,879,402 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 $51,870,848 $51,578,615 $51,157,642 $15,879,402 $15,879,402 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $51,157,642 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 $23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564 $23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564 $23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564 $23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564 147.1 Reduce funds from State-Mandated Testing. State General Funds ($444,860) ($444,860) ($444,860) ($444,860) 147.2 Reduce funds from SAT Preparation contracts. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 147.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($290,536) $0 ($290,536) 147.4 Reduce funds from Advanced Placement tests for private schools. State General Funds ($354,075) ($354,075) 147.100 -Testing Appropriation (HB 118) 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 $22,698,160 $22,407,624 $22,344,085 $22,053,549 872 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $22,698,160 $13,664,544 $13,664,544 $36,362,704 $22,407,624 $13,664,544 $13,664,544 $36,072,168 $22,344,085 $13,664,544 $13,664,544 $36,008,629 $22,053,549 $13,664,544 $13,664,544 $35,718,093 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 $1,658,859 148.1 Reduce funds to reflect the revised revenue estimate. State General Funds ($21,233) $0 $0 148.100-Tuition for Multi-Handicapped Appropriation (HB 118) 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 $1,637,626 $1,658,859 $1,658,859 State General Funds $1,658,859 $1,637,626 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,637,626 $1,658,859 $1,658,859 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,627.04. 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 Section Total - Continuation $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 THURSDAY, MARCH 5, 2009 873 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 $7,151,826 $7,151,826 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $17,601,599 $17,601,599 $27,683,044 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619 $0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619 $0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619 $0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619 149.100-Deferred Compensation Appropriation (HB 118) 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 $2,929,619 $2,929,619 $2,929,619 $2,929,619 Sales and Services $2,929,619 $2,929,619 $2,929,619 $2,929,619 Sales and Services Not Itemized $2,929,619 $2,929,619 $2,929,619 $2,929,619 TOTAL PUBLIC FUNDS $2,929,619 $2,929,619 $2,929,619 $2,929,619 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 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 874 JOURNAL OF THE SENATE 150.100-Georgia Military Pension Fund Appropriation (HB 118) 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 $1,323,024 State General Funds $1,323,024 $1,323,024 $1,323,024 $1,323,024 TOTAL PUBLIC FUNDS $1,323,024 $1,323,024 $1,323,024 $1,323,024 Public School Employees Retirement System Continuation Budget 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $5,828,802 $5,828,802 $287,500 $287,500 $287,500 $6,116,302 $5,828,802 $5,828,802 $287,500 $287,500 $287,500 $6,116,302 $5,828,802 $5,828,802 $287,500 $287,500 $287,500 $6,116,302 $5,828,802 $5,828,802 $287,500 $287,500 $287,500 $6,116,302 151.100-Public School Employees Retirement System Appropriation (HB 118) 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 $5,828,802 $5,828,802 $5,828,802 $5,828,802 State General Funds $5,828,802 $5,828,802 $5,828,802 $5,828,802 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $287,500 $287,500 $287,500 $287,500 State Funds Transfers $287,500 $287,500 $287,500 $287,500 Retirement Payments $287,500 $287,500 $287,500 $287,500 TOTAL PUBLIC FUNDS $6,116,302 $6,116,302 $6,116,302 $6,116,302 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $0 $0 $17,314,099 $17,314,099 $0 $0 $17,314,099 $17,314,099 $0 $0 $17,314,099 $17,314,099 $0 $0 $17,314,099 $17,314,099 THURSDAY, MARCH 5, 2009 875 Retirement Payments TOTAL PUBLIC FUNDS $17,314,099 $17,314,099 $17,314,099 $17,314,099 $17,314,099 $17,314,099 $17,314,099 $17,314,099 152.100-System Administration Appropriation (HB 118) 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 $17,314,099 $17,314,099 $17,314,099 $17,314,099 State Funds Transfers $17,314,099 $17,314,099 $17,314,099 $17,314,099 Retirement Payments $17,314,099 $17,314,099 $17,314,099 $17,314,099 TOTAL PUBLIC FUNDS $17,314,099 $17,314,099 $17,314,099 $17,314,099 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 Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 $39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 $39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 $39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Final $33,562,638 $33,089,232 $33,562,638 $33,089,232 $8,610,055 $8,610,055 $8,610,055 $8,610,055 $33,254,732 $33,254,732 $8,610,055 $8,610,055 $33,490,358 $33,490,358 $8,610,055 $8,610,055 876 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $5,626,650 $125,000 $13,000 $5,488,650 $47,799,343 $5,626,650 $125,000 $13,000 $5,488,650 $47,325,937 $5,626,650 $125,000 $13,000 $5,488,650 $47,491,437 $5,626,650 $125,000 $13,000 $5,488,650 $47,727,063 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 $4,606,407 $4,606,407 $8,872 $8,872 $8,872 $4,615,279 $4,606,407 $4,606,407 $8,872 $8,872 $8,872 $4,615,279 $4,606,407 $4,606,407 $8,872 $8,872 $8,872 $4,615,279 $4,606,407 $4,606,407 $8,872 $8,872 $8,872 $4,615,279 153.1 Defer the FY09 cost of living adjustment. State General Funds ($31,966) ($31,966) ($31,966) ($31,966) 153.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($165,960) ($179,058) ($179,058) ($179,058) 153.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $54,656 $54,656 $54,656 $54,656 153.4 Reduce funds from operations. State General Funds ($36,812) ($36,812) ($36,812) ($36,812) 153.5 Reduce funds designated for one training officer position and fund with existing federal funds. State General Funds ($40,000) ($40,000) ($40,000) 153.6 Reduce funds and replace with fees retained from existing federal grants to landowners. State General Funds ($218,711) ($218,711) ($218,711) ($40,000) ($218,711) THURSDAY, MARCH 5, 2009 877 153.7 Reduce funds from a vacant maintenance position at the Macon headquarters. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 153.8 Reduce funds by eliminating various contracts. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 153.9 Reduce one-time funds received in HB1027 (FY07G) to construct a garage for a Georgia Bureau of Investigation (GBI) bomb truck. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 153.10 Reduce one-time funds received in HB1027 (FY07G) to purchase six fire engines. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 153.11 Reduce funds from travel. State General Funds ($11,906) ($11,906) ($11,906) ($11,906) 153.100-Commission Administration Appropriation (HB 118) 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 $3,870,708 $3,857,610 $3,857,610 $3,857,610 State General Funds $3,870,708 $3,857,610 $3,857,610 $3,857,610 TOTAL AGENCY FUNDS $8,872 $8,872 $8,872 $8,872 Sales and Services $8,872 $8,872 $8,872 $8,872 Sales and Services Not Itemized $8,872 $8,872 $8,872 $8,872 TOTAL PUBLIC FUNDS $3,879,580 $3,866,482 $3,866,482 $3,866,482 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 $3,863,541 $3,863,541 $6,555,882 $6,555,882 $707,587 $125,000 $3,863,541 $3,863,541 $6,555,882 $6,555,882 $707,587 $125,000 $3,863,541 $3,863,541 $6,555,882 $6,555,882 $707,587 $125,000 $3,863,541 $3,863,541 $6,555,882 $6,555,882 $707,587 $125,000 878 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $125,000 $582,587 $582,587 $11,127,010 $125,000 $582,587 $582,587 $11,127,010 $125,000 $582,587 $582,587 $11,127,010 $125,000 $582,587 $582,587 $11,127,010 154.1 Defer the FY09 cost of living adjustment. State General Funds ($30,391) ($30,391) ($30,391) ($30,391) 154.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($271,987) ($293,452) ($293,452) ($293,452) 154.3 Reduce funds from travel. State General Funds ($28,600) ($28,600) ($28,600) ($28,600) 154.4 Reduce funds by eliminating one vacant forest marketing position. State General Funds ($63,000) ($63,000) ($63,000) ($63,000) 154.5 Reduce funds by eliminating one vacant urban forester position for the Metro-Atlanta region. State General Funds ($77,886) ($77,886) ($77,886) ($77,886) 154.6 Reduce funds by eliminating one vacant educational forest coordinator position at the Bartram Forest. State General Funds ($49,587) ($49,587) ($49,587) ($49,587) 154.7 Reduce funds from the forest inventory program by eliminating two vacant forester positions. State General Funds ($22,600) ($22,600) ($22,600) ($22,600) 154.8 Reduce funds designated for vehicle purchases. State General Funds ($49,587) ($49,587) ($49,587) ($49,587) 154.9 Reduce funds by eliminating three temporary day labor positions and suspending operations at the Brender Demonstration Forest. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 154.10 Reduce funds by hiring all positions on a temporary basis for three months. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 154.11 Reduce funds from operations. State General Funds ($5,917) ($5,917) ($5,917) ($5,917) THURSDAY, MARCH 5, 2009 879 154.12 Reduce funds from personnel. State General Funds ($135,626) $0 154.100-Forest Management Appropriation (HB 118) 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 $3,239,986 $3,218,521 $3,082,895 $3,218,521 State General Funds $3,239,986 $3,218,521 $3,082,895 $3,218,521 TOTAL FEDERAL FUNDS $6,555,882 $6,555,882 $6,555,882 $6,555,882 Federal Funds Not Itemized $6,555,882 $6,555,882 $6,555,882 $6,555,882 TOTAL AGENCY FUNDS $707,587 $707,587 $707,587 $707,587 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 $582,587 $582,587 $582,587 $582,587 Sales and Services Not Itemized $582,587 $582,587 $582,587 $582,587 TOTAL PUBLIC FUNDS $10,503,455 $10,481,990 $10,346,364 $10,481,990 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 $30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $36,298,695 $30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $36,298,695 $30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $36,298,695 $30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $36,298,695 155.1 Defer the FY09 cost of living adjustment. 880 JOURNAL OF THE SENATE State General Funds ($236,666) ($236,666) ($236,666) ($236,666) 155.2 Defer structure adjustments to the statewide salary plan. State General Funds ($22,372) ($22,372) ($22,372) ($22,372) 155.3 Defer salary adjustments for critical jobs. State General Funds ($42,845) ($42,845) ($42,845) ($42,845) 155.4 Defer special adjustments to selected job classes. State General Funds ($929,960) ($929,960) ($929,960) ($929,960) 155.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,300,950) ($1,403,622) ($1,403,622) ($1,403,622) 155.6 Reduce funds by eliminating one vacant administrative assistant position at the Macon Fabrication Shop. State General Funds ($38,480) ($38,480) ($38,480) ($38,480) 155.7 Reduce funds by eliminating four temporary mitigation clerks. State General Funds ($38,801) ($38,801) ($38,801) ($38,801) 155.8 Reduce funds received in HB990 (FY09G) for one helicopter pilot position. State General Funds ($24,238) ($24,238) ($24,238) ($24,238) 155.9 Reduce funds for four and a half fire control positions and fund with existing federal funds. State General Funds ($166,209) ($166,209) ($166,209) ($166,209) 155.10 Reduce funds for two welder positions and fund with existing federal funds. State General Funds ($42,000) ($42,000) ($42,000) ($42,000) 155.11 Reduce funds from travel. State General Funds ($49,728) ($49,728) ($49,728) ($49,728) 155.12 Reduce funds designated for vehicle purchases. State General Funds ($389,000) ($389,000) ($389,000) ($389,000) 155.13 Reduce funds and replace with fees charged to landowners, rural fire departments, and other groups. State General Funds ($420,840) ($420,840) ($360,840) ($360,840) 155.14 Reduce funds and consolidate four County Fire Control Units. THURSDAY, MARCH 5, 2009 881 State General Funds ($29,600) ($29,600) ($29,600) ($29,600) 155.15 Reduce funds received in HB990 (FY09G) for one aviation maintenance inspection position. State General Funds ($81,768) ($81,768) ($81,768) ($81,768) 155.16 Reduce funds by hiring all positions on a temporary basis for three months. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 155.17 Reduce funds by eliminating various contracts. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 155.18 Reduce funds from operations. State General Funds ($332,854) ($332,854) ($327,354) ($327,354) 155.19 Reduce funds by eliminating 124 Commission-issued cell phones for fire control personnel. State General Funds ($41,300) ($41,300) ($41,300) ($41,300) 155.20 Reduce funds to reflect the revised revenue estimate. State General Funds ($335,626) ($100,000) $0 155.100-Forest Protection Appropriation (HB 118) 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 $26,569,800 $26,131,502 $26,432,628 $26,532,628 State General Funds $26,569,800 $26,131,502 $26,432,628 $26,532,628 TOTAL FEDERAL FUNDS $1,964,173 $1,964,173 $1,964,173 $1,964,173 Federal Funds Not Itemized $1,964,173 $1,964,173 $1,964,173 $1,964,173 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 $32,018,084 $31,579,786 $31,880,912 $31,980,912 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. 882 JOURNAL OF THE SENATE 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 $123,287 $123,287 $20,000 $20,000 $74,580 $74,580 $74,580 $217,867 $123,287 $123,287 $20,000 $20,000 $74,580 $74,580 $74,580 $217,867 $123,287 $123,287 $20,000 $20,000 $74,580 $74,580 $74,580 $217,867 $123,287 $123,287 $20,000 $20,000 $74,580 $74,580 $74,580 $217,867 156.1 Defer the FY09 cost of living adjustment. State General Funds ($653) ($653) ($653) ($653) 156.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($6,897) ($7,442) ($7,442) ($7,442) 156.3 Reduce funds by eliminating one vacant tree orchard supervisor position and one vacant tree nursery worker position. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 156.4 Reduce funds and offset by increasing prices for seed sales. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 156.100-Tree Improvement Appropriation (HB 118) 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 $60,737 $60,192 $60,192 $60,192 State General Funds $60,737 $60,192 $60,192 $60,192 TOTAL FEDERAL FUNDS $20,000 $20,000 $20,000 $20,000 Federal Funds Not Itemized $20,000 $20,000 $20,000 $20,000 TOTAL AGENCY FUNDS $74,580 $74,580 $74,580 $74,580 Sales and Services $74,580 $74,580 $74,580 $74,580 Sales and Services Not Itemized $74,580 $74,580 $74,580 $74,580 TOTAL PUBLIC FUNDS $155,317 $154,772 $154,772 $154,772 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. THURSDAY, MARCH 5, 2009 883 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 ($178,593) ($178,593) $70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907 ($178,593) ($178,593) $70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907 ($178,593) ($178,593) $70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907 ($178,593) ($178,593) $70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907 157.100-Tree Seedling Nursery Appropriation (HB 118) 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) ($178,593) State General Funds ($178,593) ($178,593) ($178,593) ($178,593) 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 $1,351,500 $1,351,500 $1,351,500 $1,351,500 Sales and Services $1,351,500 $1,351,500 $1,351,500 $1,351,500 Sales and Services Not Itemized $1,351,500 $1,351,500 $1,351,500 $1,351,500 TOTAL PUBLIC FUNDS $1,242,907 $1,242,907 $1,242,907 $1,242,907 Section 25: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Section Total - Continuation $57,642,768 $57,642,768 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $57,642,768 $57,642,768 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $57,642,768 $57,642,768 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $57,642,768 $57,642,768 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 884 JOURNAL OF THE SENATE Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $561,056 $189,597 $147,325 $147,325 $103,898,210 $561,056 $189,597 $147,325 $147,325 $103,898,210 $561,056 $189,597 $147,325 $147,325 $103,898,210 $561,056 $189,597 $147,325 $147,325 $103,898,210 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families 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 Section Total - Final $51,032,762 $50,452,520 $51,032,762 $50,452,520 $43,764,158 $43,764,158 $43,514,158 $43,514,158 $250,000 $250,000 $2,343,959 $2,343,959 $10,000 $10,000 $500,000 $500,000 $100,000 $100,000 $983,306 $983,306 $561,056 $561,056 $189,597 $189,597 $147,325 $147,325 $147,325 $147,325 $97,288,204 $96,707,962 $49,861,339 $49,861,339 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,116,781 $50,211,839 $50,211,839 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,467,281 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 $4,448,905 $4,448,905 $659,400 $659,400 $10,000 $10,000 $10,000 $5,118,305 $4,448,905 $4,448,905 $659,400 $659,400 $10,000 $10,000 $10,000 $5,118,305 $4,448,905 $4,448,905 $659,400 $659,400 $10,000 $10,000 $10,000 $5,118,305 $4,448,905 $4,448,905 $659,400 $659,400 $10,000 $10,000 $10,000 $5,118,305 THURSDAY, MARCH 5, 2009 885 158.1 Defer the FY09 cost of living adjustment. State General Funds ($4,286) ($4,286) ($4,286) ($4,286) 158.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($20,384) ($21,886) ($21,886) ($21,886) 158.3 Reduce funds from grants and benefits to non-profit arts and cultural organizations. State General Funds ($397,585) ($397,585) ($397,585) ($397,585) 158.4 Reduce funds from operations. State General Funds ($25,731) ($25,731) ($25,731) ($25,731) 158.5 Reduce funds from personnel. State General Funds ($8,125) ($8,125) ($8,125) ($8,125) 158.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($39,928) ($39,928) ($39,928) 158.100-Arts, Georgia Council for the Appropriation (HB 118) The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $3,992,794 $3,951,364 $3,951,364 $3,951,364 State General Funds $3,992,794 $3,951,364 $3,951,364 $3,951,364 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 $659,400 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 $4,662,194 $4,620,764 $4,620,764 $4,620,764 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 $1,199,011 $1,199,011 $1,199,011 $1,199,011 $1,199,011 $1,199,011 $1,199,011 $1,199,011 886 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 $179,558 $179,558 $25 $25 $25 $1,378,594 $179,558 $179,558 $25 $25 $25 $1,378,594 $179,558 $179,558 $25 $25 $25 $1,378,594 $179,558 $179,558 $25 $25 $25 $1,378,594 159.1 Defer the FY09 cost of living adjustment. State General Funds ($7,959) ($7,959) ($7,959) ($7,959) 159.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($48,651) ($52,235) ($52,235) ($52,235) 159.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $28,747 $28,747 $28,747 $28,747 159.4 Reduce funds from statewide needs and resource assessment. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) 159.5 Reduce funds by eliminating a vacant executive secretary position. State General Funds ($38,507) ($38,507) ($38,507) ($38,507) 159.6 Reduce funds from operations. State General Funds ($926) ($926) ($926) ($926) 159.7 Reduce funds from contracts. State General Funds ($25,452) ($25,452) ($25,452) ($25,452) 159.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($10,363) ($10,363) ($10,363) 159.100-Child Advocate, Office of the Appropriation (HB 118) 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 $1,036,263 $1,022,316 $1,022,316 $1,022,316 THURSDAY, MARCH 5, 2009 887 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,036,263 $179,558 $179,558 $25 $25 $25 $1,215,846 $1,022,316 $179,558 $179,558 $25 $25 $25 $1,201,899 $1,022,316 $179,558 $179,558 $25 $25 $25 $1,201,899 $1,022,316 $179,558 $179,558 $25 $25 $25 $1,201,899 Children and Families, Governor's Office for Continuation Budget 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 PUBLIC FUNDS $9,488,781 $9,488,781 $7,206,237 $6,956,237 $250,000 $250,000 $16,695,018 $9,488,781 $9,488,781 $7,206,237 $6,956,237 $250,000 $250,000 $16,695,018 $9,488,781 $9,488,781 $7,206,237 $6,956,237 $250,000 $250,000 $16,695,018 $9,488,781 $9,488,781 $7,206,237 $6,956,237 $250,000 $250,000 $16,695,018 160.1 Defer the FY09 cost of living adjustment. State General Funds ($13,114) ($13,114) ($13,114) ($13,114) 160.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($13,990) ($15,020) ($15,020) ($15,020) 160.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,483 $11,483 $11,483 $11,483 160.4 Reduce funds from grants based on utilization and grantee non-performance of standards. State General Funds ($1,014,756) ($1,014,756) ($1,014,756) ($1,014,756) 160.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($84,584) ($84,584) ($84,584) 160.99 SAC: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. 888 JOURNAL OF THE SENATE House: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Gov Rev: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Governor: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. State General Funds $0 $0 $0 $0 160.100-Children and Families, Governor's Office for Appropriation (HB 118) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $8,458,404 $8,372,790 $8,372,790 $8,372,790 State General Funds $8,458,404 $8,372,790 $8,372,790 $8,372,790 TOTAL FEDERAL FUNDS $7,206,237 $7,206,237 $7,206,237 $7,206,237 Federal Funds Not Itemized $6,956,237 $6,956,237 $6,956,237 $6,956,237 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 PUBLIC FUNDS $15,664,641 $15,579,027 $15,579,027 $15,579,027 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $8,581,217 $8,581,217 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120 $8,581,217 $8,581,217 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120 $8,581,217 $8,581,217 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120 $8,581,217 $8,581,217 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120 THURSDAY, MARCH 5, 2009 889 161.1 Defer the FY09 cost of living adjustment. State General Funds ($70,766) ($70,766) ($70,766) ($70,766) 161.2 Defer structure adjustments to the statewide salary plan. State General Funds ($488) ($488) ($488) ($488) 161.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($337,879) ($362,765) ($362,765) ($362,765) 161.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $38,177 $38,177 $38,177 $38,177 161.5 Reduce funds and defer filling seven positions funded in HB990 (FY09G) to staff the "1-800-Georgia" call center. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 161.6 Eliminate funds for the Consumers' Utility Counsel and four positions by December 31, 2008. State General Funds ($260,695) ($260,695) ($260,695) ($260,695) 161.7 Reduce funds from the Consumer Protection Division. State General Funds ($51,884) ($51,884) ($51,884) ($51,884) 161.8 Reduce funds from customer-service related contracts and workplace satisfaction surveys. State General Funds ($335,342) ($335,342) ($335,342) ($335,342) 161.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($72,623) ($72,623) ($72,623) 161.100-Consumer Affairs, Governor's Office of Appropriation (HB 118) 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 $7,262,340 $7,164,831 $7,164,831 $7,164,831 State General Funds $7,262,340 $7,164,831 $7,164,831 $7,164,831 TOTAL AGENCY FUNDS $1,572,903 $1,572,903 $1,572,903 $1,572,903 Rebates, Refunds, and Reimbursements $983,306 $983,306 $983,306 $983,306 Rebates, Refunds, and Reimbursements Not Itemized $983,306 $983,306 $983,306 $983,306 890 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 $400,000 $400,000 $189,597 $189,597 $8,835,243 $400,000 $400,000 $189,597 $189,597 $8,737,734 $400,000 $400,000 $189,597 $189,597 $8,737,734 $400,000 $400,000 $189,597 $189,597 $8,737,734 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 $2,406,048 $2,406,048 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086 $2,406,048 $2,406,048 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086 $2,406,048 $2,406,048 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086 $2,406,048 $2,406,048 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086 162.1 Defer the FY09 cost of living adjustment. State General Funds ($17,803) ($17,803) ($17,803) ($17,803) 162.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($99,872) ($107,228) ($107,228) ($107,228) 162.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $78,751 $78,751 $78,751 $78,751 162.4 Reduce funds designated for the Director's salary that is now fully funded by the Office of Homeland Security. THURSDAY, MARCH 5, 2009 891 State General Funds ($173,541) ($173,541) ($173,541) ($173,541) 162.5 Reduce funds by eliminating an administrative position in the Operations Division. State General Funds ($48,234) ($48,234) ($48,234) ($48,234) 162.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($21,453) ($21,453) ($21,453) 162.100-Emergency Management Agency, Georgia Appropriation (HB 118) 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 $2,145,349 $2,116,540 $2,116,540 $2,116,540 State General Funds $2,145,349 $2,116,540 $2,116,540 $2,116,540 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 $29,703,182 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 $32,656,387 $32,627,578 $32,627,578 $32,627,578 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 $712,490 $712,490 $407,000 $407,000 $1,119,490 $712,490 $712,490 $407,000 $407,000 $1,119,490 $712,490 $712,490 $407,000 $407,000 $1,119,490 $712,490 $712,490 $407,000 $407,000 $1,119,490 163.1 Defer the FY09 cost of living adjustment. State General Funds ($6,599) ($6,599) ($6,599) ($6,599) 892 JOURNAL OF THE SENATE 163.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($32,291) ($34,670) ($34,670) ($34,670) 163.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,954 $5,954 $5,954 $5,954 163.4 Reduce funds and defer filling an intake coordinator position in the Equal Employment Division. State General Funds ($45,717) ($45,717) ($45,717) ($45,717) 163.5 Reduce funds from operations. State General Funds ($17,745) ($17,745) ($17,745) ($17,745) 163.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($6,161) ($6,161) ($6,161) 163.100-Equal Opportunity, Georgia Commission on Appropriation (HB 118) 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 $616,092 $607,552 $607,552 $607,552 State General Funds $616,092 $607,552 $607,552 $607,552 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $1,023,092 $1,014,552 $1,014,552 $1,014,552 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 $3,469,576 164.100-Governor's Emergency Fund Appropriation (HB 118) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. THURSDAY, MARCH 5, 2009 893 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 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 $7,997,298 $7,997,298 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,294,149 $7,997,298 $7,997,298 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,294,149 $7,997,298 $7,997,298 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,294,149 $7,997,298 $7,997,298 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,294,149 165.1 Defer the FY09 cost of living adjustment. State General Funds ($52,950) ($52,950) ($52,950) ($52,950) 165.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($252,715) ($271,329) ($271,329) ($271,329) 165.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,801 $11,801 $11,801 $11,801 165.4 Reduce funds from operations. State General Funds ($571,550) ($571,550) ($571,550) ($571,550) 165.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($71,319) $0 $0 165.6 Reduce one-time funds received in HB95 (FY08G) for the Governor's Litigation Fund. State General Funds ($537,500) ($187,000) 894 JOURNAL OF THE SENATE 165.100-Governor's Office Appropriation (HB 118) 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 $7,131,884 $7,041,951 $6,575,770 $6,926,270 State General Funds $7,131,884 $7,041,951 $6,575,770 $6,926,270 TOTAL FEDERAL FUNDS $5,196,851 $5,196,851 $5,196,851 $5,196,851 Federal Funds Not Itemized $5,196,851 $5,196,851 $5,196,851 $5,196,851 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 $12,428,735 $12,338,802 $11,872,621 $12,223,121 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 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 166.1 Defer the FY09 cost of living adjustment. State General Funds ($6,213) ($6,213) ($6,213) ($6,213) 166.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($21,148) ($22,706) ($22,706) ($22,706) 166.3 Reduce funds and defer filling one secretary position. State General Funds ($71,121) ($71,121) ($71,121) ($71,121) 166.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,295) ($4,295) ($4,295) 166.100-Office of Homeland Security Appropriation (HB 118) The purpose of this appropriation is to lead and direct the preparation, employment and management of state resources to safeguard THURSDAY, MARCH 5, 2009 895 Georgia and its citizens against threats or acts of terrorism and natural disasters. TOTAL STATE FUNDS $429,450 State General Funds $429,450 TOTAL PUBLIC FUNDS $429,450 $423,597 $423,597 $423,597 $423,597 $423,597 $423,597 $423,597 $423,597 $423,597 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 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 167.1 Defer the FY09 cost of living adjustment. State General Funds ($7,391) ($7,391) ($7,391) ($7,391) 167.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($37,957) ($40,753) ($40,753) ($40,753) 167.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,016 $1,016 $1,016 $1,016 167.4 Reduce funds related to investigations. State General Funds ($95,650) ($95,650) ($95,650) ($95,650) 167.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($6,891) ($6,891) ($6,891) 167.100-Office of the State Inspector General Appropriation (HB 118) 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 $689,097 $679,410 $679,410 $679,410 State General Funds $689,097 $679,410 $679,410 $679,410 TOTAL PUBLIC FUNDS $689,097 $679,410 $679,410 $679,410 896 JOURNAL OF THE SENATE Planning and Budget, Governor's Office of Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 168.1 Defer the FY09 cost of living adjustment. State General Funds ($81,224) ($81,224) ($81,224) ($81,224) 168.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($363,762) ($390,553) ($390,553) ($390,553) 168.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $82,907 $85,919 $85,919 $85,919 168.4 Reduce funds from operations. State General Funds ($694,047) ($694,047) ($694,047) ($694,047) 168.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($85,279) ($85,279) ($85,279) 168.100-Planning and Budget, Governor's Office of Appropriation (HB 118) 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 $8,528,108 $8,419,050 $8,419,050 $8,419,050 State General Funds $8,528,108 $8,419,050 $8,419,050 $8,419,050 TOTAL PUBLIC FUNDS $8,528,108 $8,419,050 $8,419,050 $8,419,050 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 $7,123,741 $7,123,741 $7,123,741 $7,123,741 $7,123,741 $7,123,741 $7,123,741 $7,123,741 THURSDAY, MARCH 5, 2009 897 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $411,930 $411,930 $500 $500 $500 $7,536,171 $411,930 $411,930 $500 $500 $500 $7,536,171 $411,930 $411,930 $500 $500 $500 $7,536,171 $411,930 $411,930 $500 $500 $500 $7,536,171 169.1 Defer the FY09 cost of living adjustment. State General Funds ($65,065) ($65,065) ($65,065) ($65,065) 169.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($309,954) ($332,784) ($332,784) ($332,784) 169.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $72,872 $72,872 $72,872 $72,872 169.4 Eliminate funds from the Georgia Teacher Alternative Preparation Program (TAPP) grants. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 169.5 Reduce funds from vacant positions, contracts to promote awareness and increase compliance, and training and teacher recruitment efforts. State General Funds ($115,258) ($115,258) ($115,258) ($115,258) 169.6 Eliminate funds for National Board Certified Teacher (NBCT) reimbursements offered to teachers who successfully achieve national certification the first time they apply. State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 169.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($62,703) ($62,703) ($62,703) 169.100-Professional Standards Commission, Georgia Appropriation (HB 118) The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $6,270,336 $6,184,803 $6,184,803 $6,184,803 898 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 $6,270,336 $411,930 $411,930 $500 $500 $500 $6,682,766 $6,184,803 $411,930 $411,930 $500 $500 $500 $6,597,233 $6,184,803 $411,930 $411,930 $500 $500 $500 $6,597,233 $6,184,803 $411,930 $411,930 $500 $500 $500 $6,597,233 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 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 170.1 Defer the FY09 cost of living adjustment. State General Funds ($11,381) ($11,381) ($11,381) ($11,381) 170.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($58,769) ($63,098) ($63,098) ($63,098) 170.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,922 $5,922 $5,922 $5,922 170.4 Reduce funds from personnel. (H and S:Provide for an additional reduction based on projected lapse) State General Funds ($150,000) ($150,000) ($275,000) ($275,000) 170.5 Reduce funds from contracts. State General Funds ($57,159) ($57,159) ($57,159) 170.100-Student Achievement, Office of Appropriation (HB 118) The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,003,069 $998,740 $873,740 State General Funds $1,003,069 $998,740 $873,740 TOTAL PUBLIC FUNDS $1,003,069 $998,740 $873,740 ($57,159) $873,740 $873,740 $873,740 THURSDAY, MARCH 5, 2009 899 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 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 $1,661,556,492 $1,631,202,946 $28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $1,661,556,492 $1,631,202,946 $28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $1,661,556,492 $1,631,202,946 $28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $1,661,556,492 $1,631,202,946 $28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 900 JOURNAL OF THE SENATE Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $212,012,716 $5,887,156 $5,686,117 $201,039 $3,658,047,322 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,658,047,322 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,658,047,322 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,658,047,322 Section Total - Final TOTAL STATE FUNDS $1,460,245,251 $1,414,753,334 State General Funds $1,430,041,705 $1,384,549,788 Tobacco Settlement Funds $28,234,553 $28,234,553 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 TOTAL FEDERAL FUNDS $1,707,112,711 $1,747,427,065 CCDF Mandatory & Matching Funds CFDA93.596 $94,424,439 $94,424,439 Child Care & Development Block Grant CFDA93.575 $66,243,783 $66,243,783 Community Mental Health Services Block Grant CFDA93.958 $13,130,623 $13,130,623 Community Services Block Grant CFDA93.569 $17,191,338 $17,191,338 Federal Funds Not Itemized $711,067,632 $711,067,632 Foster Care Title IV-E CFDA93.658 $80,440,913 $80,440,913 Low-Income Home Energy Assistance CFDA93.568 $24,910,040 $24,910,040 Maternal & Child Health Services Block Grant CFDA93.994 $20,877,386 $20,877,386 Medical Assistance Program CFDA93.778 $122,793,690 $163,108,044 Prevention & Treatment of Substance Abuse Grant CFDA93.959$59,700,314 $59,700,314 Preventive Health & Health Services Block Grant CFDA93.991 $4,404,431 $4,404,431 Social Services Block Grant CFDA93.667 $54,993,799 $54,993,799 Temporary Assistance for Needy Families $368,024,967 $368,024,967 TANF Unobligated Balance per 42 USC 604 $68,909,356 $68,909,356 TOTAL AGENCY FUNDS $270,015,763 $270,015,763 Contributions, Donations, and Forfeitures $33,877,056 $33,877,056 Reserved Fund Balances $12,918,884 $12,918,884 Intergovernmental Transfers $8,256,945 $8,256,945 Rebates, Refunds, and Reimbursements $221,036 $221,036 Royalties and Rents $2,729,126 $2,729,126 Sales and Services $212,012,716 $212,012,716 $1,411,861,977 $1,381,658,431 $28,234,553 $1,968,993 $1,757,493,806 $94,424,439 $66,243,783 $13,130,623 $17,402,038 $721,367,922 $80,591,161 $24,910,040 $20,877,386 $172,793,690 $59,700,314 $4,404,431 $54,993,799 $357,744,824 $68,909,356 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $212,012,716 $1,407,258,413 $1,376,904,867 $28,384,553 $1,968,993 $1,765,679,777 $94,424,439 $66,243,783 $13,130,623 $17,402,038 $713,405,223 $83,338,699 $24,910,040 $20,877,386 $175,914,679 $59,700,314 $4,404,431 $54,993,799 $368,024,967 $68,909,356 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $212,012,716 THURSDAY, MARCH 5, 2009 901 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $5,887,156 $5,686,117 $201,039 $3,443,260,881 $5,887,156 $5,686,117 $201,039 $3,438,083,318 $5,887,156 $5,686,117 $201,039 $3,445,258,702 $5,887,156 $5,686,117 $201,039 $3,448,841,109 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 $20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972 $353,240 $41,694 $19,105,217 $19,105,217 $270,000 $270,000 $270,000 $59,361,012 $20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972 $353,240 $41,694 $19,105,217 $19,105,217 $270,000 $270,000 $270,000 $59,361,012 $20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972 $353,240 $41,694 $19,105,217 $19,105,217 $270,000 $270,000 $270,000 $59,361,012 $20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972 $353,240 $41,694 $19,105,217 $19,105,217 $270,000 $270,000 $270,000 $59,361,012 171.1 Defer the FY09 cost of living adjustment. State General Funds ($337,275) ($337,275) ($337,275) ($337,275) 171.2 Defer structure adjustments to the statewide salary plan. State General Funds ($51,963) ($51,963) ($51,963) ($51,963) 171.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,837,422) ($1,972,756) ($1,972,756) ($1,972,756) 171.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 902 JOURNAL OF THE SENATE State General Funds $1,046 $1,046 $1,046 $1,046 171.5 Reduce funds from Family Planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars. Temporary Assistance for Needy Families Grant CFDA93.558 ($7,500,000) ($7,500,000) ($7,500,000) ($7,500,000) 171.6 Reduce funds from operations. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 171.7 Reduce funds from nutrition education. State General Funds ($122,759) ($122,759) ($122,759) ($122,759) 171.8 Reduce funds from prostate cancer education provided by the Regional Cancer Coalitions. State General Funds ($85,000) ($85,000) ($85,000) ($85,000) 171.9 Eliminate funds for the coordinated school health outreach programs. Maternal & Child Health Services Block Grant CFDA93.994 ($510,802) ($510,802) ($510,802) ($510,802) 171.10 Reduce funds by eliminating seven vacant public health positions. State General Funds ($776,562) ($776,562) ($776,562) ($776,562) 171.11 Reduce funds by eliminating two filled state office positions and eighteen filled district health promotion coordinator positions. State General Funds ($473,428) ($473,428) ($473,428) ($473,428) 171.12 Reduce funds for one position and fund with existing federal funds. State General Funds ($49,879) ($49,879) ($49,879) ($49,879) 171.13 Reduce funds received in HB95 (FY08G) for the Diabetes Care Coalition. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) 171.14 Reduce funds received in HB990 (FY09G) for the Helen Keller National Center. State General Funds ($229,513) ($229,513) ($229,513) ($229,513) 171.15 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. State General Funds ($238,908) ($238,908) ($119,454) ($119,454) 171.16 Reduce funds by furloughing employees. State General Funds ($38,030) ($38,030) ($38,030) ($38,030) 171.17 Increase funds for general grant-in-aid sent to districts and local county boards of health. State General Funds $2,000,000 $0 THURSDAY, MARCH 5, 2009 903 171.100-Adolescent and Adult Health Promotion Appropriation (HB 118) 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 $16,098,591 $15,963,257 $18,082,711 $16,082,711 State General Funds $11,033,414 $10,898,080 $13,017,534 $11,017,534 Tobacco Settlement Funds $5,065,177 $5,065,177 $5,065,177 $5,065,177 TOTAL FEDERAL FUNDS $30,516,926 $30,516,926 $30,516,926 $30,516,926 Federal Funds Not Itemized $17,796,605 $17,796,605 $17,796,605 $17,796,605 Maternal & Child Health Services Block Grant CFDA93.994 $720,170 $720,170 $720,170 $720,170 Medical Assistance Program CFDA93.778 $353,240 $353,240 $353,240 $353,240 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $11,605,217 $11,605,217 $11,605,217 $11,605,217 Temporary Assistance for Needy Families Grant CFDA93.558 $11,605,217 $11,605,217 $11,605,217 $11,605,217 TOTAL AGENCY FUNDS $270,000 $270,000 $270,000 $270,000 Contributions, Donations, and Forfeitures $270,000 $270,000 $270,000 $270,000 Contributions, Donations, and Forfeitures Not Itemized $270,000 $270,000 $270,000 $270,000 TOTAL PUBLIC FUNDS $46,885,517 $46,750,183 $48,869,637 $46,869,637 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 Foster Care Title IV-E CFDA93.658 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 $35,568,642 $35,568,642 $50,211,517 $38,000,452 $211,065 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $85,825,159 $35,568,642 $35,568,642 $50,211,517 $38,000,452 $211,065 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $85,825,159 $35,568,642 $35,568,642 $50,211,517 $38,000,452 $211,065 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $85,825,159 $35,568,642 $35,568,642 $50,211,517 $38,000,452 $211,065 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $85,825,159 172.1 Defer the FY09 cost of living adjustment. 904 JOURNAL OF THE SENATE State General Funds ($23,332) ($23,332) ($23,332) ($23,332) 172.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($127,107) ($136,469) ($136,469) ($136,469) 172.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,206 $1,206 $1,206 $1,206 172.4 Transfer funds from the Child Welfare Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month for the remaining nine months of the fiscal year. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,200,000 $1,471,047 $2,671,047 $1,200,000 $1,471,047 $2,671,047 $1,200,000 $1,471,047 $2,671,047 $1,200,000 $1,471,047 $2,671,047 172.5 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($2,317,444) Federal Funds Not Itemized $2,317,444 TOTAL PUBLIC FUNDS $0 172.100-Adoption Services Appropriation (HB 118) 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 $36,619,409 $36,610,047 $36,610,047 $34,292,603 State General Funds $36,619,409 $36,610,047 $36,610,047 $34,292,603 TOTAL FEDERAL FUNDS $51,682,564 $51,682,564 $51,682,564 $54,000,008 Federal Funds Not Itemized $39,471,499 $39,471,499 $39,471,499 $41,788,943 Foster Care Title IV-E CFDA93.658 $211,065 $211,065 $211,065 $211,065 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 $88,346,973 $88,337,611 $88,337,611 $88,337,611 THURSDAY, MARCH 5, 2009 905 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 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448 $47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448 $47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448 $47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448 173.1 Defer the FY09 cost of living adjustment. State General Funds ($525,607) ($525,607) ($525,607) ($525,607) 173.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($2,863,421) ($3,074,324) ($3,074,324) ($3,074,324) 173.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $783 $783 $783 $783 173.4 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities, and Addictive Disease (MHDDAD) providers. State General Funds ($66,000) ($66,000) ($66,000) ($66,000) 173.5 Reduce funds to reflect a one-time refund from the Employees Retirement System resulting from employees leaving prior to end of the fiscal year. 906 JOURNAL OF THE SENATE State General Funds ($1,676,941) ($1,676,941) ($1,676,941) ($1,676,941) 173.6 Reduce funds by furloughing employees. State General Funds ($4,680) ($4,680) ($4,680) ($4,680) 173.7 Reduce funds and defer funding received in HB990 (FY09G) for the Bridges of Hope. State General Funds ($12,000) ($12,000) ($12,000) ($12,000) 173.8 Reduce funds by eliminating provider training on standards of practice and quality service delivery and provider training on the treatment of co-occurring disorders. State General Funds ($34,030) ($34,030) ($34,030) ($34,030) 173.9 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($61,117) ($61,117) ($61,117) ($61,117) 173.10 Reduce funds received in HB990 (FY09G) and defer the expansion of substance abuse and outpatient behavioral health services for the Hope House. State General Funds ($350,000) ($350,000) ($350,000) ($350,000) 173.11 Reduce funds from the United Way Regional Commission for addictive disease services at the Gateway Center in Atlanta. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 173.12 Eliminate funds for opioid maintenance therapy that will result in a dollar for dollar reduction of federal matching funds. State General Funds ($1,568,628) ($1,568,628) ($1,568,628) ($1,568,628) 173.13 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program. State General Funds ($119,388) ($119,388) ($119,388) ($119,388) 173.14 Reduce funds from supported employment for non-medically necessary services for addictive disease consumers and sustain the program with available federal funds. State General Funds ($301,476) ($301,476) ($301,476) ($301,476) 173.15 Reduce funds for the provision of methamphetamine addiction services in northwest Georgia as treatment can be obtained through other community services. State General Funds ($671,387) ($671,387) ($671,387) ($671,387) 173.16 Reduce funds from core and specialty services. State General Funds ($1,271,318) ($1,271,318) ($1,271,318) ($1,271,318) THURSDAY, MARCH 5, 2009 907 173.17 Reduce funds from various contracted community services. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 173.18 Reduce funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,283,200) ($3,283,200) ($3,283,200) ($3,283,200) 173.19 Reduce funds from Pardons and Paroles outpatient substance abuse services. Prevention & Treatment of Substance Abuse Grant CFDA93.959 ($1,180,145) ($1,180,145) ($1,180,145) ($1,180,145) 173.100-Adult Addictive Diseases Services Appropriation (HB 118) 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 $37,966,037 $37,755,134 $37,755,134 $37,755,134 State General Funds $37,966,037 $37,755,134 $37,755,134 $37,755,134 TOTAL FEDERAL FUNDS $47,398,953 $47,398,953 $47,398,953 $47,398,953 Prevention & Treatment of Substance Abuse Grant CFDA93.959$28,808,470 $28,808,470 $28,808,470 $28,808,470 Temporary Assistance for Needy Families $18,590,483 $18,590,483 $18,590,483 $18,590,483 Temporary Assistance for Needy Families Grant CFDA93.558 $18,590,483 $18,590,483 $18,590,483 $18,590,483 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 $86,189,893 $85,978,990 $85,978,990 $85,978,990 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 $204,977,518 $194,722,380 $10,255,138 $45,031,225 $422,008 $204,977,518 $194,722,380 $10,255,138 $45,031,225 $422,008 $204,977,518 $194,722,380 $10,255,138 $45,031,225 $422,008 $204,977,518 $194,722,380 $10,255,138 $45,031,225 $422,008 908 JOURNAL OF THE SENATE 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,561,524 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829 $13,561,524 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829 $13,561,524 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829 $13,561,524 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829 174.1 Defer the FY09 cost of living adjustment. State General Funds ($1,507,563) ($1,507,563) ($1,507,563) ($1,507,563) 174.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($8,212,969) ($8,817,889) ($8,817,889) ($8,817,889) 174.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $52,456 $52,456 $52,456 $52,456 174.4 Reduce funds by furloughing employees. State General Funds ($187,590) ($187,590) ($187,590) ($187,590) 174.5 Reduce funds from new provider training and quality compliance audits. State General Funds ($401,367) ($401,367) ($401,367) ($401,367) 174.6 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($13,403) ($13,403) ($13,403) ($13,403) 174.7 Reduce funds received in HB990 (FY09G) and defer the Mental Retardation Waiver Program 3% provider rate increase. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($716,892) ($1,225,905) ($1,942,797) ($716,892) ($1,225,905) ($1,942,797) ($716,892) ($1,225,905) ($1,942,797) ($716,892) ($1,225,905) ($1,942,797) 174.8 Reduce and defer funds received in HB990 (FY09G) for Oral Health Resources. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 174.9 Reduce funds to reflect a one-time refund from the Employees Retirement System resulting from employees leaving prior to THURSDAY, MARCH 5, 2009 909 end of the fiscal year. State General Funds ($1,416,110) ($1,416,110) ($1,416,110) ($1,416,110) 174.10 Reduce funds from various contracts. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 174.11 Reduce funds received in HB990 (FY09G) for 135 Mental Retardation Waiver Program (MRWP) slots. (S:Restore MRWP funds to cover expenses related to Temporary Immediate Care (TIC) patients) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,397,910) ($1,397,910) ($1,397,910) $0 ($2,590,421) ($2,590,421) ($2,590,421) $0 ($3,988,331) ($3,988,331) ($3,988,331) $0 174.12 Reduce funds designated for vehicle purchases. State General Funds ($1,283,942) ($1,283,942) ($1,283,942) ($1,283,942) 174.13 Reduce funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($332,485) ($332,485) ($332,485) ($332,485) 174.14 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($16,026,287) ($19,876,652) ($19,876,652) Medical Assistance Program CFDA93.778 $16,026,287 $19,876,652 $19,876,652 TOTAL PUBLIC FUNDS $0 $0 $0 174.100-Adult Developmental Disabilities Services Appropriation (HB 118) 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 $189,342,228 $172,711,021 $168,860,656 $170,258,566 State General Funds $179,087,090 $162,455,883 $158,605,518 $160,003,428 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $40,882,414 $56,908,701 $60,759,066 $63,349,487 Federal Funds Not Itemized $422,008 $422,008 $422,008 $422,008 Medical Assistance Program CFDA93.778 $9,745,198 $25,771,485 $29,621,850 $32,212,271 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $78,749 $78,749 $78,749 $78,749 Temporary Assistance for Needy Families Grant CFDA93.558 $78,749 $78,749 $78,749 $78,749 TOTAL AGENCY FUNDS $79,164,086 $79,164,086 $79,164,086 $79,164,086 910 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $79,164,086 $79,164,086 $309,388,728 $79,164,086 $79,164,086 $308,783,808 $79,164,086 $79,164,086 $308,783,808 $79,164,086 $79,164,086 $312,772,139 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 PUBLIC FUNDS $12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603 $12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603 $12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603 $12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603 175.1 Defer the FY09 cost of living adjustment. State General Funds ($38,474) ($38,474) ($38,474) ($38,474) 175.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($209,602) ($225,040) ($225,040) ($225,040) 175.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,219 $5,219 $5,219 $5,219 175.4 Reduce funds by furloughing employees. State General Funds ($11,220) ($11,220) ($11,220) ($11,220) 175.5 Reduce funds from the Stroke and Heart Attack Prevention Program (SHAPP). State General Funds ($916,038) ($916,038) ($916,038) ($916,038) 175.6 Reduce funds and transfer all Cancer State Aid positions to existing tobacco funds. State General Funds ($140,000) ($140,000) ($140,000) ($140,000) THURSDAY, MARCH 5, 2009 911 175.7 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. State General Funds ($115,098) ($115,098) ($57,549) ($57,549) 175.8 Reduce and defer funds received in HB990 (FY09G) for the Georgia Commission to Save the Cure. State General Funds ($240,000) ($240,000) ($240,000) ($240,000) 175.100-Adult Essential Health Treatment Services Appropriation (HB 118) 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 $10,735,411 $10,719,973 $10,777,522 $10,777,522 State General Funds $4,260,411 $4,244,973 $4,302,522 $4,302,522 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $3,452,979 $3,452,979 $3,452,979 $3,452,979 Federal Funds Not Itemized $2,166,763 $2,166,763 $2,166,763 $2,166,763 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 PUBLIC FUNDS $14,188,390 $14,172,952 $14,230,501 $14,230,501 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 $46,249,924 $46,249,924 $1,115,408 $1,115,408 $275,085 $275,085 $275,085 $47,640,417 $46,249,924 $46,249,924 $1,115,408 $1,115,408 $275,085 $275,085 $275,085 $47,640,417 $46,249,924 $46,249,924 $1,115,408 $1,115,408 $275,085 $275,085 $275,085 $47,640,417 $46,249,924 $46,249,924 $1,115,408 $1,115,408 $275,085 $275,085 $275,085 $47,640,417 176.1 Defer the FY09 cost of living adjustment. State General Funds ($652,518) ($652,518) ($652,518) ($652,518) 176.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) 912 JOURNAL OF THE SENATE State General Funds ($3,554,815) ($3,816,642) ($3,816,642) ($3,816,642) 176.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,516 $1,516 $1,516 $1,516 176.4 Reduce funds by eliminating two vacant forensic diversion coordinator positions. State General Funds ($225,000) ($225,000) ($225,000) ($225,000) 176.5 Reduce funds by eliminating two vacant forensic evaluator positions. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 176.6 Reduce funds by furloughing employees. State General Funds ($44,670) ($44,670) ($44,670) ($44,670) 176.7 Reduce funds received in HB95 (FY08G) and defer the planned expansion of the forensic telemedicine pilot project. State General Funds ($95,040) ($95,040) ($95,040) ($95,040) 176.100-Adult Forensic Services Appropriation (HB 118) 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 $41,429,397 $41,167,570 $41,167,570 $41,167,570 State General Funds $41,429,397 $41,167,570 $41,167,570 $41,167,570 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 $275,085 $275,085 $275,085 $275,085 Sales and Services $275,085 $275,085 $275,085 $275,085 Sales and Services Not Itemized $275,085 $275,085 $275,085 $275,085 TOTAL PUBLIC FUNDS $42,819,890 $42,558,063 $42,558,063 $42,558,063 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 Community Mental Health Services Block Grant CFDA93.958 $237,141,537 $237,141,537 $19,424,756 $6,620,728 $237,141,537 $237,141,537 $19,424,756 $6,620,728 $237,141,537 $237,141,537 $19,424,756 $6,620,728 $237,141,537 $237,141,537 $19,424,756 $6,620,728 THURSDAY, MARCH 5, 2009 913 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 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 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $262,475,550 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $262,475,550 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $262,475,550 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $262,475,550 177.1 Defer the FY09 cost of living adjustment. State General Funds ($1,982,680) ($1,982,680) ($1,982,680) ($1,982,680) 177.2 Defer structure adjustments to the statewide salary plan. State General Funds ($107,233) ($107,233) ($107,233) ($107,233) 177.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($10,801,333) ($11,596,897) ($11,596,897) ($11,596,897) 177.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,821 $11,821 $11,821 $11,821 177.5 Reduce funds from new provider training and quality compliance audits. State General Funds ($303,500) ($303,500) ($303,500) ($303,500) 177.6 Eliminate funds for Employee Mentoring, an internship program for people with mental illness working with Mental Health, Developmental Disabilities, and Addictive Disease (MHDDAD). State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 177.7 Reduce funds by not initiating the Central Navigation Website. State General Funds ($240,000) ($240,000) ($240,000) ($240,000) 177.8 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($91,676) ($91,676) $0 $0 914 JOURNAL OF THE SENATE 177.9 Reduce funds from the United Way Regional Commission for mental health services. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 177.10 Reduce funds from non-medically necessary consumer and family assistance community services. State General Funds ($762,624) ($762,624) ($762,624) ($762,624) 177.11 Reduce funds from supported employment for non-medically necessary services and sustain the program through available federal funds. State General Funds ($3,800,000) ($3,800,000) ($3,800,000) ($3,800,000) 177.12 Reduce funds by furloughing employees. State General Funds ($133,930) ($133,930) ($133,930) ($133,930) 177.13 Reduce funds to reflect a one-time refund from the Employees Retirement System resulting from employees leaving prior to end of the fiscal year. State General Funds ($3,369,755) ($3,369,755) ($3,369,755) ($3,369,755) 177.14 Reduce funds from training for mental illness, developmental disabilities, and addictive diseases. State General Funds ($140,000) ($140,000) ($140,000) ($140,000) 177.15 Reduce funds from various contracts. State General Funds ($1,717,380) ($1,717,380) ($1,717,380) ($1,717,380) 177.16 Eliminate funds for the Family-to-Family program. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 177.17 Reduce funds designated for vehicle purchases. State General Funds ($210,000) ($210,000) ($210,000) ($210,000) 177.18 Reduce funds to reflect the delayed start date for crisis services in the community for mental health and addictive disease consumers: Mobile Crisis Services start date January 1, 2009, Assertive Community Treatment start date November 15, 2009, and Crisis Stabilization Programs start date January 1, 2009. State General Funds ($4,616,667) ($4,616,667) ($4,616,667) ($4,616,667) 177.19 Reduce funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($949,146) ($949,146) ($949,146) ($949,146) 177.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. THURSDAY, MARCH 5, 2009 915 State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($6,861,648) $6,861,648 $0 ($8,510,180) $8,510,180 $0 ($8,510,180) $8,510,180 $0 177.21 Increase funds to help community providers cover expenditures for non-Medicaid reimbursable services. State General Funds $2,500,000 $3,423,224 177.100-Adult Mental Health Services Appropriation (HB 118) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $208,571,580 $200,914,368 $201,857,512 $202,780,736 State General Funds $208,571,580 $200,914,368 $201,857,512 $202,780,736 TOTAL FEDERAL FUNDS $18,475,610 $25,337,258 $26,985,790 $26,985,790 Community Mental Health Services Block Grant CFDA93.958 $6,620,728 $6,620,728 $6,620,728 $6,620,728 Federal Funds Not Itemized $11,491,538 $11,491,538 $11,491,538 $11,491,538 Medical Assistance Program CFDA93.778 $93,025 $6,954,673 $8,603,205 $8,603,205 Temporary Assistance for Needy Families $270,319 $270,319 $270,319 $270,319 Temporary Assistance for Needy Families Grant CFDA93.558 $270,319 $270,319 $270,319 $270,319 TOTAL AGENCY FUNDS $5,909,257 $5,909,257 $5,909,257 $5,909,257 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 $5,383,257 $5,383,257 $5,383,257 $5,383,257 Sales and Services Not Itemized $5,383,257 $5,383,257 $5,383,257 $5,383,257 TOTAL PUBLIC FUNDS $232,956,447 $232,160,883 $234,752,559 $235,675,783 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 $9,012,772 $9,012,772 $9,012,772 $11,395,955 $2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955 $2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955 $2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955 178.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing 916 JOURNAL OF THE SENATE project. State General Funds $386 $386 $386 $386 178.2 Reduce funds by furloughing employees. State General Funds ($18,340) ($18,340) ($18,340) ($18,340) 178.100-Adult Nursing Home Services Appropriation (HB 118) The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,365,229 $2,365,229 $2,365,229 $2,365,229 State General Funds $2,365,229 $2,365,229 $2,365,229 $2,365,229 TOTAL AGENCY FUNDS $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services Not Itemized $9,012,772 $9,012,772 $9,012,772 $9,012,772 TOTAL PUBLIC FUNDS $11,378,001 $11,378,001 $11,378,001 $11,378,001 After School Care Continuation Budget The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 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 $28,000,000 $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 $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 $28,000,000 TOTAL PUBLIC FUNDS $42,000,000 $42,000,000 $42,000,000 $42,000,000 179.100-After School Care Appropriation (HB 118) 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 $28,000,000 $28,000,000 THURSDAY, MARCH 5, 2009 917 Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources TOTAL PUBLIC FUNDS $28,000,000 $28,000,000 $42,000,000 $28,000,000 $28,000,000 $42,000,000 $28,000,000 $28,000,000 $42,000,000 $28,000,000 $28,000,000 $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 State General Funds TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017 $9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017 $9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017 $9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017 180.1 Defer the FY09 cost of living adjustment. State General Funds ($161,308) ($161,308) ($161,308) ($161,308) 180.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($878,781) ($943,507) ($943,507) ($943,507) 180.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $612 $612 $612 $612 180.4 Reduce funds from new provider training and quality compliance audits. State General Funds ($27,500) ($27,500) ($27,500) ($27,500) 180.5 Reduce funds by furloughing employees. State General Funds ($3,290) ($3,290) ($3,290) ($3,290) 180.6 Reduce funds from third party administrators providing non-medically necessary services (tutoring, parent education, recreational activities) to support maintenance of children in the community. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 180.7 Eliminate funds for Pardons and Paroles outpatient services. State General Funds ($1,180,145) ($1,180,145) ($1,180,145) ($1,180,145) 918 JOURNAL OF THE SENATE Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $1,180,145 $0 $1,180,145 $0 $1,180,145 $0 $1,180,145 $0 180.8 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($40,745) ($40,745) ($40,745) ($40,745) 180.9 Reduce funds by suspending the expansion of clubhouse programs. State General Funds ($3,273,822) ($3,273,822) ($3,273,822) ($3,273,822) 180.10 Reduce funds from various contracts. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 180.11 Reduce funds from child and adolescent substance abuse Medicaid billable core services. State General Funds ($551,986) ($551,986) ($551,986) ($551,986) 180.100-Child and Adolescent Addictive Diseases Services Appropriation (HB 118) 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 $2,203,798 $2,139,072 $2,139,072 $2,139,072 State General Funds $2,203,798 $2,139,072 $2,139,072 $2,139,072 TOTAL FEDERAL FUNDS $10,913,399 $10,913,399 $10,913,399 $10,913,399 Prevention & Treatment of Substance Abuse Grant CFDA93.959$10,913,399 $10,913,399 $10,913,399 $10,913,399 TOTAL PUBLIC FUNDS $13,117,197 $13,052,471 $13,052,471 $13,052,471 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 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized $20,819,083 $20,819,083 $6,000,595 $157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $20,819,083 $20,819,083 $6,000,595 $157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $20,819,083 $20,819,083 $6,000,595 $157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $20,819,083 $20,819,083 $6,000,595 $157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 THURSDAY, MARCH 5, 2009 919 TOTAL PUBLIC FUNDS $30,542,359 $30,542,359 $30,542,359 $30,542,359 181.1 Defer the FY09 cost of living adjustment. State General Funds ($139,370) ($139,370) ($139,370) ($139,370) 181.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($759,266) ($815,189) ($815,189) ($815,189) 181.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,983 $3,983 $3,983 $3,983 181.4 Reduce funds by furloughing employees. State General Funds ($4,760) ($4,760) ($4,760) ($4,760) 181.5 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership. State General Funds ($109,167) ($109,167) ($109,167) ($109,167) 181.6 Reduce funds received in HB990 (FY09G) and defer the Mental Retardation Waiver Program 3% provider rate increase. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($146,832) ($251,087) ($397,919) ($146,832) ($251,087) ($397,919) ($146,832) ($251,087) ($397,919) ($146,832) ($251,087) ($397,919) 181.7 Reduce funds received in HB990 (FY09G) for 135 waiver slots for consumers on the Mental Retardation Waiver Program (MRWP) waiting list. (S:Restore MRWP funds to cover expenses related to Temporary Immediate Care (TIC) patients) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($286,319) ($286,319) ($286,319) $0 ($530,568) ($530,568) ($530,568) $0 ($816,887) ($816,887) ($816,887) $0 181.8 Reduce funds received in HB990 (FY09G) for the Marcus Institute. (H and S:Partially restore funds or the remainder of the fiscal year) State General Funds ($500,000) ($500,000) ($250,000) ($250,000) 181.9 Reduce funds received in HB990 (FY09G) for the Matthew Reardon Center. (H and S:Partially restore funds for the remainder of the fiscal year) State General Funds ($200,000) ($200,000) ($50,000) ($50,000) 920 JOURNAL OF THE SENATE 181.10 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($5,635,977) $5,635,977 $0 ($6,990,038) $6,990,038 $0 ($6,990,038) $6,990,038 $0 181.100-Child and Adolescent Developmental Disabilities Appropriation (HB 118) 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 $18,677,352 $12,985,452 $12,031,391 $12,317,710 State General Funds $18,677,352 $12,985,452 $12,031,391 $12,317,710 TOTAL FEDERAL FUNDS $5,218,940 $10,854,917 $12,208,978 $12,739,546 Federal Funds Not Itemized $157,113 $157,113 $157,113 $157,113 Medical Assistance Program CFDA93.778 $5,061,827 $10,697,804 $12,051,865 $12,582,433 TOTAL AGENCY FUNDS $3,722,681 $3,722,681 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures $3,722,681 $3,722,681 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures Not Itemized $3,722,681 $3,722,681 $3,722,681 $3,722,681 TOTAL PUBLIC FUNDS $27,618,973 $27,563,050 $27,963,050 $28,779,937 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 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 State General Funds $657 $657 $657 $657 182.1 Defer the FY09 cost of living adjustment. State General Funds ($22,687) ($22,687) ($22,687) ($22,687) 182.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($123,592) ($132,695) ($132,695) ($132,695) THURSDAY, MARCH 5, 2009 921 182.3 Reduce funds by furloughing employees. State General Funds ($730) ($730) ($730) ($730) 182.100-Child and Adolescent Forensic Services Appropriation (HB 118) 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 $2,957,507 $2,948,404 $2,948,404 $2,948,404 State General Funds $2,957,507 $2,948,404 $2,948,404 $2,948,404 TOTAL PUBLIC FUNDS $2,957,507 $2,948,404 $2,948,404 $2,948,404 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 Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $90,721,809 $90,721,809 $8,677,415 $6,509,895 $162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $150,787,896 $90,721,809 $90,721,809 $8,677,415 $6,509,895 $162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $150,787,896 $90,721,809 $90,721,809 $8,677,415 $6,509,895 $162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $150,787,896 $90,721,809 $90,721,809 $8,677,415 $6,509,895 $162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $150,787,896 183.1 Defer the FY09 cost of living adjustment. State General Funds ($453,614) ($453,614) ($453,614) ($453,614) 183.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) 922 JOURNAL OF THE SENATE State General Funds ($2,471,216) ($2,653,232) ($2,653,232) ($2,653,232) 183.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,819 $4,819 $4,819 $4,819 183.4 Reduce funds by furloughing employees. State General Funds ($24,310) ($24,310) ($24,310) ($24,310) 183.5 Reduce funds from new provider training and quality compliance audits. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($676,000) ($126,000) ($802,000) ($676,000) ($126,000) ($802,000) ($676,000) ($126,000) ($802,000) ($676,000) ($126,000) ($802,000) 183.6 Reduce funds and utilize agency funds for the transition of twenty-four beds at state-operated transition homes for youth with serious mental illnesses transitioning from hospitals. State General Funds ($1,734,000) ($1,734,000) ($1,734,000) ($1,734,000) 183.7 Reduce funds by eliminating trauma training for clinicians and provider training on standards of practice and quality service delivery. State General Funds ($44,315) ($44,315) ($44,315) ($44,315) 183.8 Reduce funds by cancelling the planned expansion of summer recreational programs for youth with serious emotional disturbances. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 183.9 Reduce funds from the United Way Regional Commission for homeless case management services. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 183.10 Reduce funds and eliminate the contract with a short-term residential community service provider in Rome that has not opened due to the inability to secure a psychiatrist. State General Funds ($723,873) ($723,873) ($723,873) ($723,873) 183.11 Reduce funds and defer projected Medicaid rate increases. State General Funds ($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000) 183.12 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community. State General Funds ($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000) THURSDAY, MARCH 5, 2009 923 183.13 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($61,117) ($61,117) ($61,117) ($61,117) 183.14 Reduce funds and utilize agency funds for the transition of child and adolescent services in the Outdoor Therapeutic Program. State General Funds ($3,025,468) ($3,025,468) ($3,025,468) ($3,025,468) 183.15 Reduce funds to reflect a one-time refund from the Employees Retirement System resulting from employees leaving prior to end of the fiscal year. State General Funds ($353,507) ($353,507) ($353,507) ($353,507) 183.16 Reduce funds and utilize agency funds for the transition of child and adolescent residential services. State General Funds ($2,411,355) ($2,411,355) ($2,411,355) ($2,411,355) 183.17 Reduce funds designated for vehicle purchases. State General Funds ($39,000) ($39,000) ($39,000) ($39,000) 183.18 Reduce funds from various contracts. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 183.19 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($4,447,827) ($5,516,431) ($5,516,431) Medical Assistance Program CFDA93.778 $4,447,827 $5,516,431 $5,516,431 TOTAL PUBLIC FUNDS $0 $0 $0 183.100-Child and Adolescent Mental Health Services Appropriation (HB 118) 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 $71,583,853 $66,954,010 $65,885,406 $65,885,406 State General Funds $71,583,853 $66,954,010 $65,885,406 $65,885,406 TOTAL FEDERAL FUNDS $8,551,415 $12,999,242 $14,067,846 $14,067,846 Community Mental Health Services Block Grant CFDA93.958 $6,509,895 $6,509,895 $6,509,895 $6,509,895 Federal Funds Not Itemized $162,485 $162,485 $162,485 $162,485 Medical Assistance Program CFDA93.778 $1,879,035 $6,326,862 $7,395,466 $7,395,466 TOTAL AGENCY FUNDS $51,196,318 $51,196,318 $51,196,318 $51,196,318 Sales and Services $51,196,318 $51,196,318 $51,196,318 $51,196,318 Sales and Services Not Itemized $51,196,318 $51,196,318 $51,196,318 $51,196,318 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $192,354 $192,354 $192,354 $192,354 924 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $82,003 $82,003 $110,351 $110,351 $131,523,940 $82,003 $82,003 $110,351 $110,351 $131,341,924 $82,003 $82,003 $110,351 $110,351 $131,341,924 $82,003 $82,003 $110,351 $110,351 $131,341,924 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 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143 $90 $2,500,000 $2,500,000 $2,500,000 $226,676,511 $58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143 $90 $2,500,000 $2,500,000 $2,500,000 $226,676,511 $58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143 $90 $2,500,000 $2,500,000 $2,500,000 $226,676,511 $58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143 $90 $2,500,000 $2,500,000 $2,500,000 $226,676,511 184.1 Defer the FY09 cost of living adjustment. State General Funds ($75,325) ($75,325) ($75,325) ($75,325) 184.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($410,362) ($440,587) ($440,587) ($440,587) 184.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $286 $286 $286 $286 184.4 Replace funds. State General Funds ($4,241,107) ($4,241,107) ($4,241,107) ($4,241,107) THURSDAY, MARCH 5, 2009 925 Federal Funds Not Itemized ($7,874,332) ($7,874,332) $2,405,811 ($7,874,332) Temporary Assistance for Needy Families Grant CFDA93.558 $12,115,439 $12,115,439 $1,835,296 $12,115,439 TOTAL PUBLIC FUNDS $0 $0 $0 $0 184.100-Child Care Services Appropriation (HB 118) 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 $53,851,451 $53,821,226 $53,821,226 $53,821,226 State General Funds $53,851,451 $53,821,226 $53,821,226 $53,821,226 TOTAL FEDERAL FUNDS $169,839,659 $169,839,659 $169,839,659 $169,839,659 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 $64,619,903 $64,619,903 $64,619,903 $64,619,903 Federal Funds Not Itemized $2,405,811 $2,405,811 $12,685,954 $2,405,811 Social Services Block Grant CFDA93.667 $90 $90 $90 $90 Temporary Assistance for Needy Families $12,115,439 $12,115,439 $1,835,296 $12,115,439 Temporary Assistance for Needy Families Grant CFDA93.558 $12,115,439 $12,115,439 $1,835,296 $12,115,439 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 $226,191,110 $226,160,885 $226,160,885 $226,160,885 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts $24,963,922 $24,963,922 $66,004,773 $65,884,773 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $24,963,922 $24,963,922 $66,004,773 $65,884,773 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $24,963,922 $24,963,922 $66,004,773 $65,884,773 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $24,963,922 $24,963,922 $66,004,773 $65,884,773 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 926 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $94,205,955 $94,205,955 $94,205,955 $94,205,955 185.1 Defer the FY09 cost of living adjustment. State General Funds ($228,796) ($228,796) ($228,796) ($228,796) 185.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,246,451) ($1,338,257) ($1,338,257) ($1,338,257) 185.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $770,782 $770,782 $770,782 $770,782 185.4 Reduce funds to realize savings and efficiencies achieved with the transition of the Call Center from United Way. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($300,000) ($582,353) ($882,353) ($300,000) ($582,353) ($882,353) ($300,000) ($582,353) ($882,353) ($300,000) ($582,353) ($882,353) 185.5 Reduce funds from District Attorney (DA) contracts and eliminate one DA legal services contract. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($272,000) ($330,000) ($602,000) ($272,000) ($330,000) ($602,000) ($272,000) ($330,000) ($602,000) ($272,000) ($330,000) ($602,000) 185.6 Reduce funds by furloughing employees. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($83,100) ($161,312) ($244,412) ($83,100) ($161,312) ($244,412) ($83,100) ($161,312) ($244,412) ($83,100) ($161,312) ($244,412) 185.7 Reduce funds by eliminating thirty-three vacant positions. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($476,000) ($924,000) ($1,400,000) ($476,000) ($924,000) ($1,400,000) ($476,000) ($924,000) ($1,400,000) ($476,000) ($924,000) ($1,400,000) 185.8 Reduce funds and maximize federal contributions. State General Funds ($700,000) ($700,000) 185.100-Child Support Services Appropriation (HB 118) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. THURSDAY, MARCH 5, 2009 927 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $23,128,357 $23,128,357 $64,007,108 $63,887,108 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $90,372,725 $23,036,551 $23,036,551 $64,007,108 $63,887,108 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $90,280,919 $22,336,551 $22,336,551 $64,007,108 $63,887,108 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $89,580,919 $22,336,551 $22,336,551 $64,007,108 $63,887,108 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $89,580,919 Child Welfare Services Continuation Budget 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 $117,613,541 State General Funds $117,613,541 TOTAL FEDERAL FUNDS $179,607,884 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 Community Services Block Grant CFDA93.569 $4,000 Federal Funds Not Itemized $23,847,912 Foster Care Title IV-E CFDA93.658 $32,278,994 Medical Assistance Program CFDA93.778 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 Temporary Assistance for Needy Families $103,063,725 Temporary Assistance for Needy Families Grant CFDA93.558 $77,263,725 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 TOTAL AGENCY FUNDS $26,438,482 Reserved Fund Balances $12,770,884 Reserved Fund Balances Not Itemized $12,770,884 Sales and Services $13,667,598 Sales and Services Not Itemized $13,667,598 $117,613,541 $117,613,541 $179,607,884 $817,637 $4,000 $23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $117,613,541 $117,613,541 $179,607,884 $817,637 $4,000 $23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $117,613,541 $117,613,541 $179,607,884 $817,637 $4,000 $23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 928 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $323,659,907 $323,659,907 $323,659,907 $323,659,907 186.1 Defer the FY09 cost of living adjustment. State General Funds ($594,912) ($594,912) ($594,912) ($594,912) 186.2 Defer structure adjustments to the statewide salary plan. State General Funds ($43,037) ($43,037) ($43,037) ($43,037) 186.3 Defer salary adjustments for critical jobs. State General Funds ($2,169,459) ($2,169,459) ($2,169,459) ($2,169,459) 186.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($3,240,991) ($3,479,704) ($3,479,704) ($3,479,704) 186.5 Reduce funds from non-critical contracts through lower utilization and administrative efficiencies. State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($200,000) ($1,350) ($8,756) ($56,352) ($23,552) ($136,456) ($426,466) ($200,000) ($1,350) ($8,756) ($56,352) ($23,552) ($136,456) ($426,466) ($200,000) ($1,350) ($8,756) ($56,352) ($23,552) ($136,456) ($426,466) ($200,000) ($1,350) ($8,756) ($56,352) ($23,552) ($136,456) ($426,466) 186.6 Reduce and defer funds received in HB990 (FY09G) for a Regional Assessment Center. State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($560,000) ($3,779) ($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101) ($560,000) ($3,779) ($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101) ($560,000) ($3,779) ($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101) ($560,000) ($3,779) ($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101) 186.7 Transfer funds to the Adoptions Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month for the remaining nine months of the fiscal year. State General Funds ($1,200,000) ($1,200,000) ($1,200,000) ($1,200,000) THURSDAY, MARCH 5, 2009 929 Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($1,471,047) ($2,671,047) ($1,471,047) ($2,671,047) ($1,471,047) ($2,671,047) ($1,471,047) ($2,671,047) 186.8 Reduce funds and child protective caseworkers through attrition and maintain a 15:1 caseload ratio. State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($7,595,616) ($68,361) ($478,524) ($2,404,012) ($1,241,883) ($2,663,482) ($14,451,878) ($7,595,616) ($68,361) ($478,524) ($2,404,012) ($1,241,883) ($2,663,482) ($14,451,878) ($7,595,616) ($68,361) ($478,524) ($2,404,012) ($1,241,883) ($2,663,482) ($14,451,878) ($7,595,616) ($68,361) ($478,524) ($2,404,012) ($1,241,883) ($2,663,482) ($14,451,878) 186.9 Reduce funds by furloughing employees with a pay grade of fifteen or above. State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($825,830) ($5,587) ($39,113) ($196,495) ($101,507) ($588,553) ($1,757,085) ($825,830) ($5,587) ($39,113) ($196,495) ($101,507) ($588,553) ($1,757,085) ($825,830) ($5,587) ($39,113) ($196,495) ($101,507) ($588,553) ($1,757,085) ($825,830) ($5,587) ($39,113) ($196,495) ($101,507) ($588,553) ($1,757,085) 186.10 Reduce funds to reflect a special one day per month Division of Family and Children Services (DFCS) furlough for employees with a pay grade of twelve or above. State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($2,534,666) ($17,225) ($120,571) ($605,727) ($312,911) ($1,814,310) ($5,405,410) ($2,534,666) ($17,225) ($120,571) ($605,727) ($312,911) ($1,814,310) ($5,405,410) ($2,534,666) ($17,225) ($120,571) ($605,727) ($312,911) ($1,814,310) ($5,405,410) ($2,534,666) ($17,225) ($120,571) ($605,727) ($312,911) ($1,814,310) ($5,405,410) 186.11 Reduce funds to reflect projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 ($4,839,159) ($4,839,159) ($4,839,159) ($4,839,159) 186.12 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. 930 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($906,741) $906,741 $0 ($1,124,588) $1,124,588 $0 ($1,124,588) $1,124,588 $0 186.13 Increase funds for the Rainbow House. State General Funds $12,500 186.100-Child Welfare Services Appropriation (HB 118) 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 $98,649,030 $97,503,576 $97,285,729 $97,298,229 State General Funds $98,649,030 $97,503,576 $97,285,729 $97,298,229 TOTAL FEDERAL FUNDS $161,778,850 $162,685,591 $162,903,438 $162,903,438 CCDF Mandatory & Matching Funds CFDA93.596 $721,335 $721,335 $721,335 $721,335 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 $4,000 Federal Funds Not Itemized $21,705,385 $21,705,385 $21,705,385 $21,705,385 Foster Care Title IV-E CFDA93.658 $28,858,623 $28,858,623 $28,858,623 $28,858,623 Medical Assistance Program CFDA93.778 $9,585,652 $10,492,393 $10,710,240 $10,710,240 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $92,639,688 $92,639,688 $92,639,688 $92,639,688 Temporary Assistance for Needy Families Grant CFDA93.558 $66,839,688 $66,839,688 $66,839,688 $66,839,688 TANF Transfers to Social Services Block Grant per 42 USC 604$25,800,000 $25,800,000 $25,800,000 $25,800,000 TOTAL AGENCY FUNDS $26,438,482 $26,438,482 $26,438,482 $26,438,482 Reserved Fund Balances $12,770,884 $12,770,884 $12,770,884 $12,770,884 Reserved Fund Balances Not Itemized $12,770,884 $12,770,884 $12,770,884 $12,770,884 Sales and Services $13,667,598 $13,667,598 $13,667,598 $13,667,598 Sales and Services Not Itemized $13,667,598 $13,667,598 $13,667,598 $13,667,598 TOTAL PUBLIC FUNDS $286,866,362 $286,627,649 $286,627,649 $286,640,149 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 $94,164,941 $94,033,146 $131,795 $83,049,102 $94,164,941 $94,033,146 $131,795 $83,049,102 $94,164,941 $94,033,146 $131,795 $83,049,102 $94,164,941 $94,033,146 $131,795 $83,049,102 THURSDAY, MARCH 5, 2009 931 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 Contributions, Donations, and Forfeitures 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 PUBLIC FUNDS $3,124,294 $1,668,846 $220,001 $32,601,134 $8,122,505 $284,564 $11,816,638 $31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727 $18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770 $3,124,294 $1,668,846 $220,001 $32,601,134 $8,122,505 $284,564 $11,816,638 $31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727 $18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770 $3,124,294 $1,668,846 $220,001 $32,601,134 $8,122,505 $284,564 $11,816,638 $31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727 $18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770 $3,124,294 $1,668,846 $220,001 $32,601,134 $8,122,505 $284,564 $11,816,638 $31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727 $18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770 187.1 Defer the FY09 cost of living adjustment. State General Funds ($1,151,972) ($1,151,972) ($1,151,972) ($1,151,972) 187.2 Defer structure adjustments to the statewide salary plan. State General Funds ($128,623) ($128,623) ($128,623) ($128,623) 187.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($6,275,760) ($6,737,997) ($6,737,997) ($6,737,997) 187.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $805,948 $805,948 $805,948 $805,948 932 JOURNAL OF THE SENATE 187.5 Reduce funds from operations. State General Funds ($4,958,230) ($4,958,230) ($4,958,230) ($4,958,230) 187.6 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration. Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($364) ($1,530,005) ($326,636) ($20,358) ($429,153) ($2,306,516) ($364) ($1,530,005) ($326,636) ($20,358) ($429,153) ($2,306,516) ($364) ($1,530,005) ($326,636) ($20,358) ($429,153) ($2,306,516) ($364) ($1,530,005) ($326,636) ($20,358) ($429,153) ($2,306,516) 187.7 Reduce funds to reflect the indirect cost loss as a result of reductions taken in the Division of Family and Children Services (DFCS). 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 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($88,955) ($44,966) ($6,782) ($65,189) ($115,959) ($2,261) ($28,349) ($196,517) ($548,978) ($88,955) ($44,966) ($6,782) ($65,189) ($115,959) ($2,261) ($28,349) ($196,517) ($548,978) ($88,955) ($44,966) ($6,782) ($65,189) ($115,959) ($2,261) ($28,349) ($196,517) ($548,978) ($88,955) ($44,966) ($6,782) ($65,189) ($115,959) ($2,261) ($28,349) ($196,517) ($548,978) 187.8 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Information Technology. CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($37,151) ($926,386) ($71,300) ($1,034,837) ($37,151) ($926,386) ($71,300) ($1,034,837) ($37,151) ($926,386) ($71,300) ($1,034,837) ($37,151) ($926,386) ($71,300) ($1,034,837) 187.9 Reduce funds from supplies and operating costs throughout the department's administrative functions. State General Funds ($992,138) ($992,138) 187.100-Departmental Administration Appropriation (HB 118) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $82,456,304 $81,994,067 $81,001,929 $81,001,929 THURSDAY, MARCH 5, 2009 933 State General Funds $82,324,509 Tobacco Settlement Funds $131,795 TOTAL FEDERAL FUNDS $79,158,771 CCDF Mandatory & Matching Funds CFDA93.596 $2,998,188 Child Care & Development Block Grant CFDA93.575 $1,623,880 Community Services Block Grant CFDA93.569 $212,855 Federal Funds Not Itemized $30,079,554 Foster Care Title IV-E CFDA93.658 $7,679,910 Low-Income Home Energy Assistance CFDA93.568 $282,303 Medical Assistance Program CFDA93.778 $11,788,289 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 Social Services Block Grant CFDA93.667 $9,932,114 Temporary Assistance for Needy Families $14,530,608 Temporary Assistance for Needy Families Grant CFDA93.558 $14,530,608 TOTAL AGENCY FUNDS $8,099,727 Contributions, Donations, and Forfeitures $18,274 Contributions, Donations, and Forfeitures Not Itemized $18,274 Rebates, Refunds, and Reimbursements $2,915 Rebates, Refunds, and Reimbursements Not Itemized $2,915 Royalties and Rents $2,729,126 Royalties and Rents Not Itemized $2,729,126 Sales and Services $5,349,412 Sales and Services Not Itemized $5,349,412 TOTAL PUBLIC FUNDS $169,714,802 $81,862,272 $131,795 $79,158,771 $2,998,188 $1,623,880 $212,855 $30,079,554 $7,679,910 $282,303 $11,788,289 $31,070 $9,932,114 $14,530,608 $14,530,608 $8,099,727 $18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $169,252,565 $80,870,134 $131,795 $79,158,771 $2,998,188 $1,623,880 $212,855 $30,079,554 $7,679,910 $282,303 $11,788,289 $31,070 $9,932,114 $14,530,608 $14,530,608 $8,099,727 $18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $168,260,427 $80,870,134 $131,795 $79,158,771 $2,998,188 $1,623,880 $212,855 $30,079,554 $7,679,910 $282,303 $11,788,289 $31,070 $9,932,114 $14,530,608 $14,530,608 $8,099,727 $18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $168,260,427 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures $122,634,924 $122,634,924 $3,205,526 $3,205,526 $41,506,342 $266,668 $122,634,924 $122,634,924 $3,205,526 $3,205,526 $41,506,342 $266,668 $122,634,924 $122,634,924 $3,205,526 $3,205,526 $41,506,342 $266,668 $122,634,924 $122,634,924 $3,205,526 $3,205,526 $41,506,342 $266,668 934 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized 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 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326 188.1 Defer the FY09 cost of living adjustment. State General Funds ($2,205,756) ($2,205,756) ($2,205,756) ($2,205,756) 188.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($6,347,322) ($6,814,829) ($6,814,829) ($6,814,829) 188.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $138,941 $138,941 $138,941 $138,941 188.4 Reduce funds by furloughing employees. State General Funds ($259,500) ($259,500) ($259,500) ($259,500) 188.5 Reduce funds designated for vehicle purchases. State General Funds ($180,218) ($180,218) ($180,218) ($180,218) 188.100-Direct Care and Support Services Appropriation (HB 118) The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $113,781,069 $113,313,562 $113,313,562 State General Funds $113,781,069 $113,313,562 $113,313,562 TOTAL FEDERAL FUNDS $3,205,526 $3,205,526 $3,205,526 Federal Funds Not Itemized $3,205,526 $3,205,526 $3,205,526 TOTAL AGENCY FUNDS $41,506,342 $41,506,342 $41,506,342 Contributions, Donations, and Forfeitures $266,668 $266,668 $266,668 $113,313,562 $113,313,562 $3,205,526 $3,205,526 $41,506,342 $266,668 THURSDAY, MARCH 5, 2009 935 Contributions, Donations, and Forfeitures Not Itemized 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 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $163,648,471 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $163,180,964 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $163,180,964 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $163,180,964 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 $14,577,451 $14,577,451 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $18,404,962 $14,577,451 $14,577,451 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $18,404,962 $14,577,451 $14,577,451 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $18,404,962 $14,577,451 $14,577,451 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $18,404,962 189.1 Defer the FY09 cost of living adjustment. State General Funds ($91,322) ($91,322) ($91,322) ($91,322) 189.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($497,507) ($534,151) ($534,151) ($534,151) 189.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,309 $11,309 $11,309 $11,309 936 JOURNAL OF THE SENATE 189.4 Reduce funds by eliminating the filled guardianship position and utilize existing Adult Protection Services staff to serve clients. State General Funds ($77,880) ($77,880) ($77,880) ($77,880) 189.5 Eliminate funds for the Public Guardianship program. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 189.6 Reduce funds by furloughing employees. State General Funds ($65,802) ($65,802) ($65,802) ($65,802) 189.7 Replace funds with additional Targeted Case Management (TCM) reimbursements earned due to a moratorium on a Medicaid rule change. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($400,000) $400,000 $0 ($400,000) $400,000 $0 ($400,000) $400,000 $0 ($400,000) $400,000 $0 189.8 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($80,351) $80,351 $0 ($99,654) $99,654 $0 ($99,654) $99,654 $0 189.100-Elder Abuse Investigations and Prevention Appropriation (HB 118) 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 $13,206,249 $13,089,254 $13,069,951 $13,069,951 State General Funds $13,206,249 $13,089,254 $13,069,951 $13,069,951 TOTAL FEDERAL FUNDS $4,151,496 $4,231,847 $4,251,150 $4,251,150 Federal Funds Not Itemized $793,894 $793,894 $793,894 $793,894 Medical Assistance Program CFDA93.778 $1,078,063 $1,158,414 $1,177,717 $1,177,717 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $76,015 $76,015 $76,015 $76,015 Sales and Services $76,015 $76,015 $76,015 $76,015 Sales and Services Not Itemized $76,015 $76,015 $76,015 $76,015 TOTAL PUBLIC FUNDS $17,433,760 $17,397,116 $17,397,116 $17,397,116 THURSDAY, MARCH 5, 2009 937 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 AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600 $120,097,240 $78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600 $120,097,240 $78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600 $120,097,240 $78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600 $120,097,240 190.1 Defer the FY09 cost of living adjustment. State General Funds ($7,031) ($7,031) ($7,031) ($7,031) 190.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($38,299) ($41,120) ($41,120) ($41,120) 190.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,230 $3,230 $3,230 $3,230 190.4 Reduce funds by furloughing employees. State General Funds ($20,994) ($20,994) ($20,994) ($20,994) 190.5 Reduce funds from Alzheimer's Services for a loss of 20,500 hours of day care and mobile day care annually. State General Funds ($415,281) ($415,281) ($190,281) ($190,281) 190.6 Reduce funds from the Senior Connections contract in DeKalb County. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 938 JOURNAL OF THE SENATE 190.7 Reduce funds from the Haralson County Senior Center contract for congregate meals. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 190.8 Eliminate funds for Alzheimer's Congregational Respite training. State General Funds ($96,000) ($96,000) ($96,000) ($96,000) 190.9 Eliminate funds for Naturally Occurring Retirement Communities (NORCs). (H and S:Partially restore funds for the remainder of the fiscal year) State General Funds ($295,000) ($295,000) ($282,500) ($282,500) 190.10 Eliminate funds for "Wellness: Take Charge of your Health" and the associated vacant state office position. State General Funds ($402,169) ($402,169) ($402,169) ($402,169) 190.11 Reduce funds by eliminating four positions employed by regional contractors to coordinate wellness and nutrition programs. State General Funds ($560,330) ($560,330) ($560,330) ($560,330) 190.12 Reduce and defer funds received in HB990 (FY09G) for the 3% provider rate increase for the Community Care Services Program (CCSP). State General Funds ($1,350,227) ($1,350,227) ($1,350,227) ($1,350,227) 190.13 Reduce funds from contracts by 1%. State General Funds ($7,057) ($7,057) ($7,057) ($7,057) 190.14 Reduce funds for non-Medicaid home and community based (day care, respite, personal care) services through attrition. (H and S:Restore funds for the last quarter of the fiscal year) State General Funds ($1,171,371) ($1,171,371) ($878,528) ($878,528) 190.15 Transfer state funds to Elder Support Services Program and replace with tobacco settlement funds. State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS ($1,409,144) $1,409,144 $0 ($1,409,144) $1,409,144 $0 ($1,409,144) $1,409,144 $0 ($1,409,144) $1,409,144 $0 190.16 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($6,355,523) $6,355,523 $0 ($7,882,457) $7,882,457 $0 ($7,882,457) $7,882,457 $0 THURSDAY, MARCH 5, 2009 939 190.100-Elder Community Living Services Appropriation (HB 118) 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 $74,144,645 $67,786,301 $66,789,710 $66,789,710 State General Funds $69,070,768 $62,712,424 $61,715,833 $61,715,833 Tobacco Settlement Funds $5,073,877 $5,073,877 $5,073,877 $5,073,877 TOTAL FEDERAL FUNDS $41,435,324 $47,790,847 $49,317,781 $49,317,781 Federal Funds Not Itemized $23,908,635 $23,908,635 $23,908,635 $23,908,635 Medical Assistance Program CFDA93.778 $13,765,259 $20,120,782 $21,647,716 $21,647,716 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 $3,761,430 TOTAL AGENCY FUNDS $121,742 $121,742 $121,742 $121,742 Contributions, Donations, and Forfeitures $118,142 $118,142 $118,142 $118,142 Contributions, Donations, and Forfeitures Not Itemized $118,142 $118,142 $118,142 $118,142 Sales and Services $3,600 $3,600 $3,600 $3,600 Sales and Services Not Itemized $3,600 $3,600 $3,600 $3,600 TOTAL PUBLIC FUNDS $115,701,711 $115,698,890 $116,229,233 $116,229,233 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 $4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636 $4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636 $4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636 $4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636 191.1 Defer the FY09 cost of living adjustment. State General Funds ($573) ($573) ($573) ($573) 191.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($3,119) ($3,349) ($3,349) ($3,349) 940 JOURNAL OF THE SENATE 191.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $719 $719 $719 $719 191.4 Transfer tobacco funds to the Elder Community Services Program and replace with state funds. State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $1,409,144 ($1,409,144) $0 $1,409,144 ($1,409,144) $0 $1,409,144 ($1,409,144) $0 $1,409,144 ($1,409,144) $0 191.5 Reduce and defer funds received in HB990 (FY09G) for the Nutritional Services Incentive Program for Meals on Wheels and congregate meals (99,500 meals) for at-risk seniors. (H and S:Fund the Nutritional Services Incentive program for the final quarter of the fiscal year) State General Funds ($1,045,000) ($1,045,000) ($783,750) ($783,750) 191.6 Eliminate funds for the GeorgiaCares Prescription Assistance Program and eliminate the associated vacant state office position. State General Funds ($358,220) ($358,220) ($358,220) ($358,220) 191.7 Eliminate funds for the Naturally Occurring Retirement Communities (NORCs). (H and S:Partially restore funds) State General Funds ($280,000) ($280,000) ($267,500) ($267,500) 191.8 Eliminate funds for the Life Long Planning program and eliminate the associated vacant state office position. State General Funds ($1,040,891) ($1,040,891) ($1,040,891) ($1,040,891) 191.100-Elder Support Services Appropriation (HB 118) 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 $1,859,145 $1,858,915 $2,132,665 $2,132,665 State General Funds $741,216 $740,986 $1,014,736 $1,014,736 Tobacco Settlement Funds $1,117,929 $1,117,929 $1,117,929 $1,117,929 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 $7,760,552 $7,760,322 $8,034,072 $8,034,072 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. THURSDAY, MARCH 5, 2009 941 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL 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 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030 $346,557 $56,870,673 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993 $56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030 $346,557 $56,870,673 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993 $56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030 $346,557 $56,870,673 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993 $56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030 $346,557 $56,870,673 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993 192.1 Defer the FY09 cost of living adjustment. State General Funds ($127,799) ($127,799) ($127,799) ($127,799) 192.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($696,234) ($747,515) ($747,515) ($747,515) 192.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,391,702 $1,391,702 $1,391,702 $1,391,702 192.4 Reduce funds through furloughs and attrition. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($631,646) ($631,646) ($1,263,292) ($631,646) ($631,646) ($1,263,292) ($631,646) ($631,646) ($1,263,292) ($631,646) ($631,646) ($1,263,292) 192.100-Eligibility Determination Appropriation (HB 118) 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 $56,806,696 $56,755,415 $56,755,415 $56,755,415 State General Funds $56,806,696 $56,755,415 $56,755,415 $56,755,415 942 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS $64,061,277 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 $56,239,027 Temporary Assistance for Needy Families $500,000 Temporary Assistance for Needy Families Grant CFDA93.558 $500,000 TOTAL AGENCY FUNDS $4,187,397 Intergovernmental Transfers $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 TOTAL PUBLIC FUNDS $125,055,370 $64,061,277 $4,993,663 $1,982,030 $346,557 $56,239,027 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,004,089 $64,061,277 $4,993,663 $1,982,030 $346,557 $56,239,027 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,004,089 $64,061,277 $4,993,663 $1,982,030 $346,557 $56,239,027 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,004,089 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 Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $6,401,703 $6,401,703 $42,726,666 $41,171,412 $407,750 $1,147,504 $49,128,369 $6,401,703 $6,401,703 $42,726,666 $41,171,412 $407,750 $1,147,504 $49,128,369 $6,401,703 $6,401,703 $42,726,666 $41,171,412 $407,750 $1,147,504 $49,128,369 $6,401,703 $6,401,703 $42,726,666 $41,171,412 $407,750 $1,147,504 $49,128,369 193.1 Defer the FY09 cost of living adjustment. State General Funds ($22,835) ($22,835) ($22,835) ($22,835) 193.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($124,397) ($133,559) ($133,559) ($133,559) 193.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $9,184 $9,184 $9,184 $9,184 193.4 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. THURSDAY, MARCH 5, 2009 943 State General Funds ($67,802) ($67,802) 193.5 Reduce funds from Trauma Center contracts. State General Funds ($1,000,000) ($1,000,000) 193.6 Reduce funds to reflect savings related to reduced expense for antiviral storage. State General Funds ($100,000) ($100,000) 193.7 Reduce funds by eliminating three vacant positions. State General Funds ($125,854) ($125,854) 193.8 Reduce funds by furloughing employees. State General Funds ($70,220) ($70,220) 193.9 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($7,540) ($7,540) ($33,901) ($1,000,000) ($100,000) ($125,854) ($70,220) ($7,540) ($33,901) ($1,000,000) ($100,000) ($125,854) ($70,220) ($7,540) 193.100-Emergency Preparedness / Trauma System Improvement Appropriation (HB 118) 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 $4,892,239 $4,883,077 $4,916,978 $4,916,978 State General Funds $4,892,239 $4,883,077 $4,916,978 $4,916,978 TOTAL FEDERAL FUNDS $42,726,666 $42,726,666 $42,726,666 $42,726,666 Federal Funds Not Itemized $41,171,412 $41,171,412 $41,171,412 $41,171,412 Maternal & Child Health Services Block Grant CFDA93.994 $407,750 $407,750 $407,750 $407,750 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 $1,147,504 TOTAL PUBLIC FUNDS $47,618,905 $47,609,743 $47,643,644 $47,643,644 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 State General Funds TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 944 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $804,904 $3,579,548 $3,579,548 $28,665,632 $804,904 $3,579,548 $3,579,548 $28,665,632 $804,904 $3,579,548 $3,579,548 $28,665,632 $804,904 $3,579,548 $3,579,548 $28,665,632 194.100-Energy Assistance Appropriation (HB 118) 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 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 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 $5,996,602 $5,880,965 $115,637 $6,419,324 $6,017,054 $205,520 $196,750 $53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746 $5,996,602 $5,880,965 $115,637 $6,419,324 $6,017,054 $205,520 $196,750 $53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746 $5,996,602 $5,880,965 $115,637 $6,419,324 $6,017,054 $205,520 $196,750 $53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746 $5,996,602 $5,880,965 $115,637 $6,419,324 $6,017,054 $205,520 $196,750 $53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746 195.1 Defer the FY09 cost of living adjustment. THURSDAY, MARCH 5, 2009 945 State General Funds ($57,698) ($57,698) ($57,698) ($57,698) 195.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($314,335) ($337,487) ($337,487) ($337,487) 195.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,008 $1,008 $1,008 $1,008 195.4 Reduce funds by furloughing employees. State General Funds ($46,780) ($46,780) ($46,780) ($46,780) 195.5 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. State General Funds ($48,406) ($48,406) ($24,203) ($24,203) 195.6 Reduce funds by eliminating three vacant positions. State General Funds ($139,954) ($139,954) ($139,954) ($139,954) 195.7 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($1,130) ($1,130) ($1,130) ($1,130) 195.100 -Epidemiology Appropriation (HB 118) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $5,389,307 $5,366,155 $5,390,358 $5,390,358 State General Funds $5,273,670 $5,250,518 $5,274,721 $5,274,721 Tobacco Settlement Funds $115,637 $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $6,419,324 $6,419,324 $6,419,324 $6,419,324 Federal Funds Not Itemized $6,017,054 $6,017,054 $6,017,054 $6,017,054 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 $53,000 $53,000 $53,000 $53,000 Contributions, Donations, and Forfeitures $53,000 $53,000 $53,000 $53,000 Contributions, Donations, and Forfeitures Not Itemized $53,000 $53,000 $53,000 $53,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $52,820 $52,820 $52,820 $52,820 State Funds Transfers $52,820 $52,820 $52,820 $52,820 946 JOURNAL OF THE SENATE Agency to Agency Contracts TOTAL PUBLIC FUNDS $52,820 $11,914,451 $52,820 $11,891,299 $52,820 $11,915,502 $52,820 $11,915,502 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,759,268 $8,759,268 $7,585,002 $4,830,573 $312,568 $2,441,861 $70,000 $70,000 $70,000 $16,414,270 $8,759,268 $8,759,268 $7,585,002 $4,830,573 $312,568 $2,441,861 $70,000 $70,000 $70,000 $16,414,270 $8,759,268 $8,759,268 $7,585,002 $4,830,573 $312,568 $2,441,861 $70,000 $70,000 $70,000 $16,414,270 $8,759,268 $8,759,268 $7,585,002 $4,830,573 $312,568 $2,441,861 $70,000 $70,000 $70,000 $16,414,270 196.1 Defer the FY09 cost of living adjustment. State General Funds ($54,807) ($54,807) ($54,807) ($54,807) 196.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($298,581) ($320,573) ($320,573) ($320,573) 196.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,996 $5,996 $5,996 $5,996 196.4 Reduce funds by furloughing employees. State General Funds ($121,300) ($121,300) ($121,300) ($121,300) 196.5 Reduce funds from Adult Day Care by eliminating two positions and postponing the implementation of the new licensure program mandated by law. State General Funds ($212,500) ($212,500) ($212,500) ($212,500) 196.6 Reduce funds by eliminating one vacant personal care home (PCH) surveyor position. THURSDAY, MARCH 5, 2009 947 State General Funds ($77,771) ($77,771) ($77,771) ($77,771) 196.7 Reduce funds from the contract with the State Fire Marshall's Office for federal life safety inspections of residential healthcare facilities by 1%. State General Funds ($3,200) ($3,200) ($3,200) ($3,200) 196.8 Reduce funds by eliminating one vacant diagnostic surveyor position. State General Funds ($14,330) ($14,330) ($14,330) ($14,330) 196.9 Reduce funds by eliminating the Rules Coordinator and mid-level management positions of the centralized complaint intake unit. State General Funds ($148,871) ($148,871) ($148,871) ($148,871) 196.10 Reduce funds from Long-Term Care Licensing operations. State General Funds ($200,000) $0 196.99 SAC: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. House: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. Gov Rev: The purpose of this appropriation is to license foster care residential facilities, child placing agencies, and health care facilities. Governor: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. State General Funds $0 $0 $0 $0 196.100-Facility and Provider Regulation Appropriation (HB 118) The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. TOTAL STATE FUNDS $7,833,904 $7,811,912 $7,611,912 $7,811,912 State General Funds $7,833,904 $7,811,912 $7,611,912 $7,811,912 TOTAL FEDERAL FUNDS $7,585,002 $7,585,002 $7,585,002 $7,585,002 Federal Funds Not Itemized $4,830,573 $4,830,573 $4,830,573 $4,830,573 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 $312,568 Medical Assistance Program CFDA93.778 $2,441,861 $2,441,861 $2,441,861 $2,441,861 948 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $70,000 $70,000 $70,000 $15,488,906 $70,000 $70,000 $70,000 $15,466,914 $70,000 $70,000 $70,000 $15,266,914 $70,000 $70,000 $70,000 $15,466,914 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 $6,151,950 $6,151,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $14,000,708 $6,151,950 $6,151,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $14,000,708 $6,151,950 $6,151,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $14,000,708 $6,151,950 $6,151,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $14,000,708 197.1 Reduce funds received in HB990 (FY09G) for domestic violence centers. (H and S:Partially restore funds) State General Funds ($815,000) ($815,000) ($615,000) ($615,000) 197.2 Reduce funds received in HB990 (FY09G) for rape crisis centers. (H and S:Partially restore funds) State General Funds ($635,000) ($635,000) ($535,000) ($535,000) 197.99 SAC: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. House: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Gov Rev: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Governor: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. State General Funds $0 $0 $0 $0 197.100-Family Violence Services Appropriation (HB 118) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. THURSDAY, MARCH 5, 2009 949 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 $5,001,950 $5,001,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,850,708 $5,001,950 $5,001,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,850,708 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 State General Funds TOTAL FEDERAL FUNDS TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $0 $0 $21,966,009 $21,966,009 $21,966,009 $0 $0 $21,966,009 $21,966,009 $21,966,009 $0 $0 $21,966,009 $21,966,009 $21,966,009 $0 $0 $21,966,009 $21,966,009 $21,966,009 198.1 Increase funds. TANF Unobligated Balance per 42 USC 604 $15,382,527 $15,382,527 $15,382,527 $15,382,527 198.100-Federal Unobligated Balances Appropriation (HB 118) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS $37,348,536 $37,348,536 $37,348,536 $37,348,536 TANF Unobligated Balance per 42 USC 604 $37,348,536 $37,348,536 $37,348,536 $37,348,536 TOTAL PUBLIC FUNDS $37,348,536 $37,348,536 $37,348,536 $37,348,536 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 $39,590,489 $39,590,489 $54,056,086 $54,056,086 $12,409 $39,590,489 $39,590,489 $54,056,086 $54,056,086 $12,409 $39,590,489 $39,590,489 $54,056,086 $54,056,086 $12,409 $39,590,489 $39,590,489 $54,056,086 $54,056,086 $12,409 950 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,409 $12,409 $93,658,984 $12,409 $12,409 $93,658,984 $12,409 $12,409 $93,658,984 $12,409 $12,409 $93,658,984 199.1 Defer the FY09 cost of living adjustment. State General Funds ($204,350) ($204,350) ($204,350) ($204,350) 199.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,113,272) ($1,195,269) ($1,195,269) ($1,195,269) 199.3 Reduce funds through attrition. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($560,139) ($560,139) ($1,120,278) ($560,139) ($560,139) ($1,120,278) ($560,139) ($560,139) ($1,120,278) ($560,139) ($560,139) ($1,120,278) 199.100-Food Stamp Eligibility and Benefits Appropriation (HB 118) 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 $37,712,728 $37,630,731 $37,630,731 $37,630,731 State General Funds $37,712,728 $37,630,731 $37,630,731 $37,630,731 TOTAL FEDERAL FUNDS $53,495,947 $53,495,947 $53,495,947 $53,495,947 Federal Funds Not Itemized $53,495,947 $53,495,947 $53,495,947 $53,495,947 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 $91,221,084 $91,139,087 $91,139,087 $91,139,087 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 $11,962,587 $11,962,587 $15,888,264 $7,100,850 $11,962,587 $11,962,587 $15,888,264 $7,100,850 $11,962,587 $11,962,587 $15,888,264 $7,100,850 $11,962,587 $11,962,587 $15,888,264 $7,100,850 THURSDAY, MARCH 5, 2009 951 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 $6,762,746 $1,320,956 $703,712 $469,946 $469,946 $469,946 $28,320,797 $6,762,746 $1,320,956 $703,712 $469,946 $469,946 $469,946 $28,320,797 $6,762,746 $1,320,956 $703,712 $469,946 $469,946 $469,946 $28,320,797 $6,762,746 $1,320,956 $703,712 $469,946 $469,946 $469,946 $28,320,797 200.1 Defer the FY09 cost of living adjustment. State General Funds ($100,574) ($100,574) ($100,574) ($100,574) 200.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($547,913) ($588,269) ($588,269) ($588,269) 200.3 Reduce funds by furloughing employees. State General Funds ($22,860) ($22,860) ($22,860) ($22,860) 200.4 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. State General Funds ($306,856) ($306,856) ($153,428) ($153,428) 200.5 Replace funds for the purchase of Rotavirus vaccines for under-insured infants. State General Funds Maternal & Child Health Services Block Grant CFDA93.994 TOTAL PUBLIC FUNDS ($402,131) $402,131 $0 ($402,131) $402,131 $0 ($402,131) $402,131 $0 ($402,131) $402,131 $0 200.100 -Immunization Appropriation (HB 118) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $10,582,253 $10,541,897 $10,695,325 $10,695,325 State General Funds $10,582,253 $10,541,897 $10,695,325 $10,695,325 TOTAL FEDERAL FUNDS $16,290,395 $16,290,395 $16,290,395 $16,290,395 Federal Funds Not Itemized $7,100,850 $7,100,850 $7,100,850 $7,100,850 Maternal & Child Health Services Block Grant CFDA93.994 $7,164,877 $7,164,877 $7,164,877 $7,164,877 Medical Assistance Program CFDA93.778 $1,320,956 $1,320,956 $1,320,956 $1,320,956 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 $703,712 952 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $469,946 $469,946 $469,946 $27,342,594 $469,946 $469,946 $469,946 $27,302,238 $469,946 $469,946 $469,946 $27,455,666 $469,946 $469,946 $469,946 $27,455,666 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 $38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372 $267,356 $67,286,978 $38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372 $267,356 $67,286,978 $38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372 $267,356 $67,286,978 $38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372 $267,356 $67,286,978 201.1 Defer the FY09 cost of living adjustment. State General Funds ($341,404) ($341,404) ($341,404) ($341,404) 201.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,859,920) ($1,996,911) ($1,996,911) ($1,996,911) 201.3 Reduce funds by furloughing employees. State General Funds ($22,450) ($22,450) ($22,450) ($22,450) 201.4 Reduce and defer funds received in HB990 (FY09G) for a second sickle cell bus. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 201.5 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. State General Funds ($289,854) ($289,854) ($144,927) ($144,927) 201.6 Reduce funds from Tertiary Care Center administration contracts. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) THURSDAY, MARCH 5, 2009 953 201.7 Reduce funds by shifting five positions to federal funds. State General Funds ($260,349) ($260,349) ($260,349) ($260,349) 201.8 Reduce funds from Children's Medical Services for the purchase of supplies and other expenses. State General Funds ($264,000) ($264,000) ($264,000) ($264,000) 201.9 Reduce funds from Babies Can't Wait by realizing savings achieved with the implementation of an integrated and more medically appropriate system for serving children with special needs. State General Funds ($1,200,000) ($1,200,000) ($1,200,000) ($1,200,000) 201.10 Reduce funds and defer the planned expansion of the purchase of car beds. State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 201.11 Reduce funds from sickle cell services provided by the Fulton-DeKalb Hospital Authority. State General Funds ($88,796) ($88,796) ($88,796) ($88,796) 201.12 Reduce funds from the Hemophilia of Georgia contract. State General Funds ($382,000) ($382,000) ($182,000) ($182,000) 201.13 Reduce funds from the Infant and Maternal Health Advisory Council. State General Funds ($144,430) ($144,430) ($144,430) ($144,430) 201.14 Reduce unobligated funds previously used for Tertiary Care Center contracts management. State General Funds ($466,137) ($466,137) ($466,137) ($466,137) 201.15 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($21,218) ($21,218) ($21,218) ($21,218) 201.16 Reduce funds by eliminating two vacant positions. State General Funds ($92,084) ($92,084) ($92,084) ($92,084) 201.100-Infant and Child Essential Health Treatment Services Appropriation (HB 118) The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children. TOTAL STATE FUNDS $32,964,819 $32,827,828 $33,172,755 $33,172,755 State General Funds $32,964,819 $32,827,828 $33,172,755 $33,172,755 TOTAL FEDERAL FUNDS $28,353,517 $28,353,517 $28,353,517 $28,353,517 Federal Funds Not Itemized $18,461,228 $18,461,228 $18,461,228 $18,461,228 954 JOURNAL OF THE SENATE Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $8,086,561 $1,538,372 $267,356 $61,318,336 $8,086,561 $1,538,372 $267,356 $61,181,345 $8,086,561 $1,538,372 $267,356 $61,526,272 $8,086,561 $1,538,372 $267,356 $61,526,272 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 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694 $29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694 $29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694 $29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694 202.1 Defer the FY09 cost of living adjustment. State General Funds ($1,439,198) ($1,439,198) ($1,439,198) ($1,439,198) 202.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($7,840,534) ($8,418,023) ($8,418,023) ($8,418,023) 202.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $8,988 $8,988 $8,988 $8,988 THURSDAY, MARCH 5, 2009 955 202.4 Reduce contracts through reduced utilization and administrative efficiencies. State General Funds ($4,760) ($4,760) ($4,760) ($4,760) 202.5 Reduce funds by furloughing employees. State General Funds ($32,000) ($32,000) ($32,000) ($32,000) 202.6 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. State General Funds ($512,513) ($512,513) ($256,256) ($256,257) 202.7 Reduce funds and defer the purchase of car seats. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 202.8 Reduce funds to recognize administrative efficiencies in the newborn screening follow-up contract with Emory University. State General Funds ($134,320) ($134,320) ($134,320) ($134,320) 202.9 Reduce and defer funds received in HB95 (FY08G) for YMCA Youth Fit for Life. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 202.10 Reduce and defer funds received in HB990 (FY09G) for Safe House Outreach. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 202.11 Reduce funds from the implementation of an integrated and more medically appropriate system for serving children with special needs. State General Funds ($545,069) ($545,069) ($545,069) ($545,069) 202.12 Reduce funds by shifting six positions to federal funds. State General Funds ($405,464) ($405,464) ($405,464) ($405,464) 202.13 Reduce funds by eliminating nine vacant positions. State General Funds ($380,875) ($380,875) ($380,875) ($380,875) 202.14 Reduce funds by closing the Georgia Public Health (GPH) Laboratory on Saturdays and delaying the purchase of lab supplies. State General Funds ($335,700) ($335,700) ($335,700) ($335,700) 202.100-Infant and Child Health Promotion Appropriation (HB 118) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $17,896,717 $17,319,228 $17,575,485 $17,575,484 State General Funds $17,896,717 $17,319,228 $17,575,485 $17,575,484 956 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS $275,131,707 Federal Funds Not Itemized $260,701,797 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 $156,221 Temporary Assistance for Needy Families $4,094,783 Temporary Assistance for Needy Families Grant CFDA93.558 $4,094,783 TOTAL AGENCY FUNDS $49,137 Contributions, Donations, and Forfeitures $49,137 Contributions, Donations, and Forfeitures Not Itemized $49,137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $70,688 Federal Funds Transfers $70,688 FF National School Lunch Program CFDA10.555 $70,688 TOTAL PUBLIC FUNDS $293,148,249 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $292,570,760 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $292,827,017 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $292,827,016 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 $41,912,787 $41,912,787 $59,503,141 $58,704,521 $484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928 $41,912,787 $41,912,787 $59,503,141 $58,704,521 $484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928 $41,912,787 $41,912,787 $59,503,141 $58,704,521 $484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928 $41,912,787 $41,912,787 $59,503,141 $58,704,521 $484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928 203.1 Defer the FY09 cost of living adjustment. State General Funds ($1,180,930) ($1,180,930) ($1,180,930) ($1,180,930) 203.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) THURSDAY, MARCH 5, 2009 957 State General Funds ($2,395,396) ($2,571,827) ($2,571,827) ($2,571,827) 203.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,334 $1,334 $1,334 $1,334 203.4 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($26,316) ($26,316) ($26,316) ($26,316) 203.5 Reduce funds by eliminating eight vacant positions. State General Funds ($396,186) ($396,186) ($396,186) ($396,186) 203.6 Reduce funds by furloughing employees. State General Funds ($66,190) ($66,190) ($66,190) ($66,190) 203.7 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. State General Funds ($367,229) ($367,229) ($183,615) ($183,615) 203.8 Reduce funds from the purchase of supplies and other laboratory expenses. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 203.100-Infectious Disease Control Appropriation (HB 118) 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 $37,081,874 $36,905,443 $37,089,057 $37,089,057 State General Funds $37,081,874 $36,905,443 $37,089,057 $37,089,057 TOTAL FEDERAL FUNDS $59,503,141 $59,503,141 $59,503,141 $59,503,141 Federal Funds Not Itemized $58,704,521 $58,704,521 $58,704,521 $58,704,521 Maternal & Child Health Services Block Grant CFDA93.994 $484,489 $484,489 $484,489 $484,489 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 $96,735,015 $96,558,584 $96,742,198 $96,742,198 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. 958 JOURNAL OF THE SENATE 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 PUBLIC FUNDS $1,257,613 $1,107,613 $150,000 $1,459,130 $1,317,700 $29,425 $112,005 $2,716,743 $1,257,613 $1,107,613 $150,000 $1,459,130 $1,317,700 $29,425 $112,005 $2,716,743 $1,257,613 $1,107,613 $150,000 $1,459,130 $1,317,700 $29,425 $112,005 $2,716,743 $1,257,613 $1,107,613 $150,000 $1,459,130 $1,317,700 $29,425 $112,005 $2,716,743 204.1 Defer the FY09 cost of living adjustment. State General Funds ($16,770) ($16,770) ($16,770) ($16,770) 204.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($91,364) ($98,093) ($98,093) ($98,093) 204.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $447 $447 $447 $447 204.4 Reduce funds by furloughing employees. State General Funds ($7,870) ($7,870) ($7,870) ($7,870) 204.5 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. State General Funds ($17,500) ($17,500) ($8,750) ($8,750) 204.6 Reduce funds by eliminating one vacant position. State General Funds ($41,227) ($41,227) ($41,227) ($41,227) 204.7 Reduce funds by discontinuing suicide prevention planning activities. (H:Partially restore funds)(S:Restore funds) State General Funds ($106,176) ($106,176) ($81,176) $0 Tobacco Settlement Funds ($150,000) ($150,000) ($150,000) $0 TOTAL PUBLIC FUNDS ($256,176) ($256,176) ($231,176) $0 204.100-Injury Prevention Appropriation (HB 118) 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. THURSDAY, MARCH 5, 2009 959 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 PUBLIC FUNDS $827,153 $827,153 $1,459,130 $1,317,700 $29,425 $112,005 $2,286,283 $820,424 $820,424 $1,459,130 $1,317,700 $29,425 $112,005 $2,279,554 $854,174 $854,174 $1,459,130 $1,317,700 $29,425 $112,005 $2,313,304 $1,085,350 $935,350 $150,000 $1,459,130 $1,317,700 $29,425 $112,005 $2,544,480 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 $18,927,060 $18,927,060 $1,320,931 $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253 $18,927,060 $18,927,060 $1,320,931 $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253 $18,927,060 $18,927,060 $1,320,931 $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253 $18,927,060 $18,927,060 $1,320,931 $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253 205.1 Defer the FY09 cost of living adjustment. State General Funds ($53,831) ($53,831) ($53,831) ($53,831) 205.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($293,264) ($314,864) ($314,864) ($314,864) 205.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $787 $787 $787 $787 960 JOURNAL OF THE SENATE 205.4 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%. State General Funds ($520,834) ($520,834) ($260,417) 205.5 Reduce funds by eliminating one vacant position. State General Funds ($73,162) ($73,162) ($73,162) 205.6 Reduce funds by furloughing employees. State General Funds ($34,500) ($34,500) ($34,500) ($260,417) ($73,162) ($34,500) 205.100-Inspections and Environmental Hazard Control Appropriation (HB 118) 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 $17,952,256 $17,930,656 $18,191,073 $18,191,073 State General Funds $17,952,256 $17,930,656 $18,191,073 $18,191,073 TOTAL FEDERAL FUNDS $1,320,931 $1,320,931 $1,320,931 $1,320,931 Federal Funds Not Itemized $707,327 $707,327 $707,327 $707,327 Maternal & Child Health Services Block Grant CFDA93.994 $200,210 $200,210 $200,210 $200,210 Medical Assistance Program CFDA93.778 $76,622 $76,622 $76,622 $76,622 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 $19,711,449 $19,689,849 $19,950,266 $19,950,266 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 $115,871,866 $115,871,866 $147,982,830 $12,332,000 $44,836,738 $90,814,092 $90,814,092 $115,871,866 $115,871,866 $147,982,830 $12,332,000 $44,836,738 $90,814,092 $90,814,092 $115,871,866 $115,871,866 $147,982,830 $12,332,000 $44,836,738 $90,814,092 $90,814,092 $115,871,866 $115,871,866 $147,982,830 $12,332,000 $44,836,738 $90,814,092 $90,814,092 THURSDAY, MARCH 5, 2009 961 TOTAL PUBLIC FUNDS $263,854,696 $263,854,696 $263,854,696 $263,854,696 206.1 Reduce funds through a reduction of the Child Placing Agency (CPA) case management rate for the lowest three levels of care. (H:Restore reimbursement rates for the final quarter of the fiscal year) State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS ($1,352,236) ($431,658) ($1,783,894) ($1,352,236) ($431,658) ($1,783,894) ($901,492) ($281,410) ($1,182,902) ($1,352,236) ($431,658) ($1,783,894) 206.2 Reduce funds and partially replace with funds received from other divisions. State General Funds Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($12,000,000) ($2,956,859) $12,000,000 ($2,956,859) ($12,000,000) ($2,956,859) $12,000,000 ($2,956,859) ($12,000,000) ($2,956,859) $12,000,000 ($2,956,859) ($12,000,000) ($2,956,859) $12,000,000 ($2,956,859) 206.3 Transfer funds for Grandparents Raising Grandchildren to the Support for Needy Families - Basic Assistance program. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,649,000) ($2,649,000) ($2,649,000) ($2,649,000) 206.4 Reduce funds through higher utilization of in-home services. State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS ($259,466) ($51,504) ($310,970) ($259,466) ($51,504) ($310,970) ($259,466) ($51,504) ($310,970) ($259,466) ($51,504) ($310,970) 206.5 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS ($2,897,786) $2,897,786 $0 206.100-Out of Home Care Appropriation (HB 118) 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 $102,260,164 $102,260,164 $102,710,908 $99,362,378 State General Funds $102,260,164 $102,260,164 $102,710,908 $99,362,378 TOTAL FEDERAL FUNDS $153,893,809 $153,893,809 $154,044,057 $156,791,595 Federal Funds Not Itemized $12,332,000 $12,332,000 $12,332,000 $12,332,000 Foster Care Title IV-E CFDA93.658 $41,396,717 $41,396,717 $41,546,965 $44,294,503 962 JOURNAL OF THE SENATE Temporary Assistance for Needy Families $100,165,092 Temporary Assistance for Needy Families Grant CFDA93.558 $100,165,092 TOTAL PUBLIC FUNDS $256,153,973 $100,165,092 $100,165,092 $256,153,973 $100,165,092 $100,165,092 $256,754,965 $100,165,092 $100,165,092 $256,153,973 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 TOTAL PUBLIC FUNDS $0 $0 $4,749,006 $4,749,006 $4,749,006 $0 $0 $4,749,006 $4,749,006 $4,749,006 $0 $0 $4,749,006 $4,749,006 $4,749,006 $0 $0 $4,749,006 $4,749,006 $4,749,006 208.100-Refugee Assistance Appropriation (HB 118) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $4,749,006 $4,749,006 $4,749,006 $4,749,006 Federal Funds Not Itemized $4,749,006 $4,749,006 $4,749,006 $4,749,006 TOTAL PUBLIC FUNDS $4,749,006 $4,749,006 $4,749,006 $4,749,006 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445 $194,000 $194,000 $194,000 $24,325,818 $1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445 $194,000 $194,000 $194,000 $24,325,818 $1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445 $194,000 $194,000 $194,000 $24,325,818 $1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445 $194,000 $194,000 $194,000 $24,325,818 209.1 Defer the FY09 cost of living adjustment. THURSDAY, MARCH 5, 2009 963 State General Funds ($46,541) ($46,541) ($46,541) ($46,541) 209.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($253,552) ($272,228) ($272,228) ($272,228) 209.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $393 $393 $393 $393 209.4 Reduce funds by furloughing employees. State General Funds ($9,710) ($9,710) ($9,710) ($9,710) 209.5 Reduce funds from operations. State General Funds ($400,600) ($400,600) ($400,600) ($400,600) 209.6 Reduce funds by shifting three positions and other expenses to federal funds. State General Funds ($499,400) ($499,400) ($499,400) ($499,400) 209.100-Substance Abuse Prevention Appropriation (HB 118) 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 $29,362 $10,686 $10,686 $10,686 State General Funds $29,362 $10,686 $10,686 $10,686 TOTAL FEDERAL FUNDS $22,893,046 $22,893,046 $22,893,046 $22,893,046 Federal Funds Not Itemized $2,914,601 $2,914,601 $2,914,601 $2,914,601 Prevention & Treatment of Substance Abuse Grant CFDA93.959$19,978,445 $19,978,445 $19,978,445 $19,978,445 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 $23,116,408 $23,097,732 $23,097,732 $23,097,732 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 $100,000 $100,000 $100,000 $100,000 964 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $100,000 $58,000,000 $58,000,000 $58,100,000 $100,000 $58,000,000 $58,000,000 $58,100,000 $100,000 $58,000,000 $58,000,000 $58,100,000 $100,000 $58,000,000 $58,000,000 $58,100,000 210.1 Transfer funds from the Out of Home Care program for Grandparents Raising Grandchildren. Temporary Assistance for Needy Families Grant CFDA93.558 $2,649,000 $2,649,000 $2,649,000 $2,649,000 210.2 Reduce funds and partially replace with funds received from other divisions. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $25,377,964 ($26,439,180) ($1,061,216) $25,377,964 ($26,439,180) ($1,061,216) $25,377,964 ($26,439,180) ($1,061,216) $25,377,964 ($26,439,180) ($1,061,216) 210.3 Reduce funds. State General Funds ($100,000) $0 210.100-Support for Needy Families - Basic Assistance Appropriation (HB 118) 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 $59,587,784 $59,587,784 $59,587,784 $59,587,784 Temporary Assistance for Needy Families $28,026,964 $28,026,964 $28,026,964 $28,026,964 Temporary Assistance for Needy Families Grant CFDA93.558 $28,026,964 $28,026,964 $28,026,964 $28,026,964 TANF Unobligated Balance per 42 USC 604 $31,560,820 $31,560,820 $31,560,820 $31,560,820 TOTAL PUBLIC FUNDS $59,687,784 $59,687,784 $59,587,784 $59,687,784 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 Temporary Assistance for Needy Families $6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 THURSDAY, MARCH 5, 2009 965 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $29,526,128 $54,819,142 $29,526,128 $54,819,142 $29,526,128 $54,819,142 $29,526,128 $54,819,142 211.1 Defer the FY09 cost of living adjustment. State General Funds ($509,751) ($509,751) ($509,751) ($509,751) 211.2 Defer salary adjustments for critical jobs. State General Funds ($1,581,570) ($1,581,570) ($1,581,570) ($1,581,570) 211.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($2,777,047) ($2,981,589) ($2,981,589) ($2,981,589) 211.4 Reduce funds received in HB990 (FY09G) for rent increases associated with four new county Division of Family and Children Services (DFCS) offices. (S:Reflect the appropriation in line 211.101) State General Funds Community Services Block Grant CFDA93.569 Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($673,696) ($210,700) ($20,147) ($904,543) ($673,696) ($210,700) ($20,147) ($904,543) $0 ($673,696) $0 ($210,700) $0 ($20,147) $0 ($904,543) 211.100-Support for Needy Families - Family Assistance Appropriation (HB 118) 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 $922,542 $718,000 $1,391,696 $718,000 State General Funds $922,542 $718,000 $1,391,696 $718,000 TOTAL FEDERAL FUNDS $48,123,689 $48,123,689 $48,354,536 $48,123,689 Community Services Block Grant CFDA93.569 $16,974,483 $16,974,483 $17,185,183 $16,974,483 Federal Funds Not Itemized $1,623,078 $1,623,078 $1,643,225 $1,623,078 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 $49,046,231 $48,841,689 $49,746,232 $48,841,689 211.101 Special Project - Support for Needy Families - Family Assistance: Increase funds to plan for a new county owned DFCS facility in Carroll County, Liberty County, Walton County, and Treutlen County. State General Funds $673,696 966 JOURNAL OF THE SENATE Community Services Block Grant CFDA93.569 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $210,700 $20,147 $904,543 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 State General Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $7,695,000 $7,695,000 $25,519,348 $6,500 $2,396,595 $23,116,253 $23,116,253 $20,000 $20,000 $20,000 $33,234,348 $7,695,000 $7,695,000 $25,519,348 $6,500 $2,396,595 $23,116,253 $23,116,253 $20,000 $20,000 $20,000 $33,234,348 $7,695,000 $7,695,000 $25,519,348 $6,500 $2,396,595 $23,116,253 $23,116,253 $20,000 $20,000 $20,000 $33,234,348 $7,695,000 $7,695,000 $25,519,348 $6,500 $2,396,595 $23,116,253 $23,116,253 $20,000 $20,000 $20,000 $33,234,348 212.100-Support for Needy Families - Work Assistance Appropriation (HB 118) 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 State General Funds $7,695,000 $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $25,519,348 $25,519,348 $25,519,348 $25,519,348 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 $2,396,595 Temporary Assistance for Needy Families $23,116,253 $23,116,253 $23,116,253 $23,116,253 Temporary Assistance for Needy Families Grant CFDA93.558 $23,116,253 $23,116,253 $23,116,253 $23,116,253 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $20,000 $20,000 $20,000 $20,000 Federal Funds Transfers $20,000 $20,000 $20,000 $20,000 FF Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $33,234,348 $33,234,348 $33,234,348 $33,234,348 THURSDAY, MARCH 5, 2009 967 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 PUBLIC FUNDS $3,764,443 $3,764,443 $500,680 $500,680 $4,265,123 $3,764,443 $3,764,443 $500,680 $500,680 $4,265,123 $3,764,443 $3,764,443 $500,680 $500,680 $4,265,123 $3,764,443 $3,764,443 $500,680 $500,680 $4,265,123 213.1 Defer the FY09 cost of living adjustment. State General Funds ($78,045) ($78,045) ($78,045) ($78,045) 213.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($425,178) ($456,494) ($456,494) ($456,494) 213.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,364 $2,364 $2,364 $2,364 213.4 Reduce funds by furloughing employees. State General Funds ($13,990) ($13,990) ($13,990) ($13,990) 213.100-Vital Records Appropriation (HB 118) 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 $3,249,594 $3,218,278 $3,218,278 $3,218,278 State General Funds $3,249,594 $3,218,278 $3,218,278 $3,218,278 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 $500,680 TOTAL PUBLIC FUNDS $3,750,274 $3,718,958 $3,718,958 $3,718,958 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. 968 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $1,968,993 $0 $1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250 $2,072,243 $1,968,993 $0 $1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250 $2,072,243 $1,968,993 $0 $1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250 $2,072,243 $1,968,993 $0 $1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250 $2,072,243 214.100-Brain and Spinal Injury Trust Fund Appropriation (HB 118) 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 FEDERAL FUNDS $100,000 $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $3,250 $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures $3,250 $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures Not Itemized $3,250 $3,250 $3,250 $3,250 TOTAL PUBLIC FUNDS $2,072,243 $2,072,243 $2,072,243 $2,072,243 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 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 215.1 Defer the FY09 cost of living adjustment. State General Funds ($2,185) ($2,185) ($2,185) ($2,185) 215.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) THURSDAY, MARCH 5, 2009 969 State General Funds ($10,444) ($11,213) ($11,213) ($11,213) 215.3 Reduce and defer funds received in HB990 (FY09G) for the Georgia for a Lifetime study (Project 2020). (H and S:Partially restore funds) State General Funds ($50,000) ($50,000) ($40,000) ($40,000) 215.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,897) $0 ($1,897) 215.100-Council on Aging Appropriation (HB 118) 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 $189,723 $187,057 $198,954 $197,057 State General Funds $189,723 $187,057 $198,954 $197,057 TOTAL PUBLIC FUNDS $189,723 $187,057 $198,954 $197,057 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 $70,917 $70,917 $2,195,817 $2,195,817 $2,266,734 $70,917 $70,917 $2,195,817 $2,195,817 $2,266,734 $70,917 $70,917 $2,195,817 $2,195,817 $2,266,734 $70,917 $70,917 $2,195,817 $2,195,817 $2,266,734 216.1 Defer the FY09 cost of living adjustment. State General Funds ($10,655) ($10,655) ($10,655) ($10,655) 216.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($3,550) ($3,811) ($3,811) ($3,811) 216.3 Reduce funds and delay the hiring of a vacant program associate position. State General Funds ($4,454) ($4,454) ($4,454) ($4,454) 216.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($523) $0 ($523) 970 JOURNAL OF THE SENATE 216.100-Developmental Disabilities, Governor's Council on Appropriation (HB 118) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $52,258 $51,474 $51,997 $51,474 State General Funds $52,258 $51,474 $51,997 $51,474 TOTAL FEDERAL FUNDS $2,195,817 $2,195,817 $2,195,817 $2,195,817 Federal Funds Not Itemized $2,195,817 $2,195,817 $2,195,817 $2,195,817 TOTAL PUBLIC FUNDS $2,248,075 $2,247,291 $2,247,814 $2,247,291 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 $9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608 $9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608 $9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608 $9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608 217.1 Defer the FY09 cost of living adjustment. State General Funds ($2,959) ($2,959) ($2,959) ($2,959) 217.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($9,116) ($9,787) ($9,787) ($9,787) 217.3 Reduce funds from technical assistance and county collaborative contracts. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($908,499) ($431,499) ($1,339,998) ($908,499) ($431,499) ($1,339,998) ($908,499) ($431,499) ($1,339,998) ($908,499) ($431,499) ($1,339,998) 217.4 Reduce funds from operations. State General Funds ($50,500) ($50,500) ($50,500) ($50,500) THURSDAY, MARCH 5, 2009 971 217.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($86,298) $0 ($86,298) 217.100-Family Connection Appropriation (HB 118) 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 $8,629,763 $8,542,794 $8,629,092 $8,542,794 State General Funds $8,629,763 $8,542,794 $8,629,092 $8,542,794 TOTAL FEDERAL FUNDS $2,037,272 $2,037,272 $2,037,272 $2,037,272 Medical Assistance Program CFDA93.778 $837,272 $837,272 $837,272 $837,272 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 $10,667,035 $10,580,066 $10,666,364 $10,580,066 Sexual Offender Review Board Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 218.1 Defer the FY09 cost of living adjustment. State General Funds ($1,538) ($1,538) ($1,538) ($1,538) 218.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($18,164) ($19,502) ($19,502) ($19,502) 218.3 Reduce funds from operations. State General Funds ($56,721) ($56,721) ($56,721) ($56,721) 218.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($8,793) ($8,793) ($8,793) 972 JOURNAL OF THE SENATE 218.100-Sexual Offender Review Board Appropriation (HB 118) 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 $879,314 $869,183 $869,183 $869,183 State General Funds $879,314 $869,183 $869,183 $869,183 TOTAL PUBLIC FUNDS $879,314 $869,183 $869,183 $869,183 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 Section Total - Continuation $19,230,125 $19,230,125 $954,555 $954,555 $19,230,125 $19,230,125 $954,555 $954,555 $19,230,125 $19,230,125 $954,555 $954,555 $19,230,125 $19,230,125 $954,555 $954,555 THURSDAY, MARCH 5, 2009 973 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $97,232 $97,232 $20,281,912 $97,232 $97,232 $20,281,912 $97,232 $97,232 $20,281,912 $97,232 $97,232 $20,281,912 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $16,822,057 $16,586,565 $16,822,057 $16,586,565 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $17,873,844 $17,638,352 $16,586,565 $16,586,565 $954,555 $954,555 $97,232 $97,232 $17,638,352 $16,586,565 $16,586,565 $954,555 $954,555 $97,232 $97,232 $17,638,352 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 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 219.1 Defer the FY09 cost of living adjustment. State General Funds ($24,831) ($24,831) ($24,831) ($24,831) 219.2 Defer structure adjustments to the statewide salary plan. State General Funds ($15) ($15) ($15) ($15) 219.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($114,864) ($123,325) ($123,325) ($123,325) 219.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,212 $1,212 $1,212 $1,212 219.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. 974 JOURNAL OF THE SENATE State General Funds ($275,713) ($275,713) ($275,713) ($275,713) 219.6 Reduce funds from operations. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 219.7 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($1,041) ($1,041) ($1,041) ($1,041) 219.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($68,221) ($68,221) ($68,221) 219.100-Departmental Administration Appropriation (HB 118) 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 $2,000,016 $1,923,334 $1,923,334 $1,923,334 State General Funds $2,000,016 $1,923,334 $1,923,334 $1,923,334 TOTAL PUBLIC FUNDS $2,000,016 $1,923,334 $1,923,334 $1,923,334 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 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 220.1 Defer the FY09 cost of living adjustment. State General Funds ($11,518) ($11,518) ($11,518) ($11,518) 220.2 Defer structure adjustments to the statewide salary plan. State General Funds ($8) ($8) ($8) ($8) 220.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($50,295) ($53,999) ($53,999) ($53,999) 220.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. THURSDAY, MARCH 5, 2009 975 State General Funds $307 $307 $307 220.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($100,713) ($100,713) ($100,713) 220.6 Reduce funds from various contracts. State General Funds ($10,000) ($10,000) ($10,000) 220.7 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($3,968) ($3,968) ($3,968) $307 ($100,713) ($10,000) ($3,968) 220.100 -Enforcement Appropriation (HB 118) 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 $707,313 $703,609 $703,609 $703,609 State General Funds $707,313 $703,609 $703,609 $703,609 TOTAL PUBLIC FUNDS $707,313 $703,609 $703,609 $703,609 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 $5,649,189 $5,649,189 $954,555 $954,555 $97,232 $97,232 $97,232 $6,700,976 $5,649,189 $5,649,189 $954,555 $954,555 $97,232 $97,232 $97,232 $6,700,976 $5,649,189 $5,649,189 $954,555 $954,555 $97,232 $97,232 $97,232 $6,700,976 $5,649,189 $5,649,189 $954,555 $954,555 $97,232 $97,232 $97,232 $6,700,976 221.1 Defer the FY09 cost of living adjustment. State General Funds ($74,298) ($74,298) ($74,298) ($74,298) 221.2 Defer structure adjustments to the statewide salary plan. State General Funds ($50) ($50) ($50) ($50) 221.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 976 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($310,133) ($332,976) ($332,976) ($332,976) 221.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,174 $4,174 $4,174 $4,174 221.5 Reduce funds from operations. State General Funds ($62,500) ($62,500) ($62,500) ($62,500) 221.6 Reduce funds designated for vehicle purchases. State General Funds ($51,373) ($51,373) ($51,373) ($51,373) 221.7 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($362,555) ($362,555) ($362,555) ($362,555) 221.8 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($7,961) ($7,961) ($7,961) ($7,961) 221.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($100,000) ($100,000) ($100,000) 221.100-Fire Safety Appropriation (HB 118) 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 $4,784,493 $4,661,650 $4,661,650 $4,661,650 State General Funds $4,784,493 $4,661,650 $4,661,650 $4,661,650 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 $5,836,280 $5,713,437 $5,713,437 $5,713,437 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. THURSDAY, MARCH 5, 2009 977 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 222.1 Defer the FY09 cost of living adjustment. State General Funds ($6,754) ($6,754) ($6,754) ($6,754) 222.2 Defer structure adjustments to the statewide salary plan. State General Funds ($5) ($5) ($5) ($5) 222.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($38,808) ($41,666) ($41,666) ($41,666) 222.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $103 $103 $103 $103 222.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($110,712) ($110,712) ($110,712) ($110,712) 222.6 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($854) ($854) ($854) ($854) 222.100-Industrial Loan Appropriation (HB 118) 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 $625,157 $622,299 $622,299 $622,299 State General Funds $625,157 $622,299 $622,299 $622,299 TOTAL PUBLIC FUNDS $625,157 $622,299 $622,299 $622,299 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 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 978 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $6,090,259 $6,090,259 $6,090,259 $6,090,259 223.1 Defer the FY09 cost of living adjustment. State General Funds ($61,152) ($61,152) ($61,152) ($61,152) 223.2 Defer structure adjustments to the statewide salary plan. State General Funds ($41) ($41) ($41) ($41) 223.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($284,371) ($305,316) ($305,316) ($305,316) 223.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,889 $3,889 $3,889 $3,889 223.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($180,000) ($180,000) ($180,000) ($180,000) 223.6 Reduce funds from operations. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 223.7 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($19,433) ($19,433) ($19,433) ($19,433) 223.100-Insurance Regulation Appropriation (HB 118) 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 $5,519,151 $5,498,206 $5,498,206 $5,498,206 State General Funds $5,519,151 $5,498,206 $5,498,206 $5,498,206 TOTAL PUBLIC FUNDS $5,519,151 $5,498,206 $5,498,206 $5,498,206 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 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 THURSDAY, MARCH 5, 2009 979 TOTAL PUBLIC FUNDS $3,334,714 $3,334,714 $3,334,714 $3,334,714 224.1 Defer the FY09 cost of living adjustment. State General Funds ($35,335) ($35,335) ($35,335) ($35,335) 224.2 Defer structure adjustments to the statewide salary plan. State General Funds ($24) ($24) ($24) ($24) 224.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($114,864) ($123,324) ($123,324) ($123,324) 224.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,436 $1,436 $1,436 $1,436 224.100-Special Fraud Appropriation (HB 118) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,185,927 $3,177,467 $3,177,467 State General Funds $3,185,927 $3,177,467 $3,177,467 TOTAL PUBLIC FUNDS $3,185,927 $3,177,467 $3,177,467 $3,177,467 $3,177,467 $3,177,467 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $135,081,645 $77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $135,081,645 $77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $135,081,645 $77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $135,081,645 980 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 $66,853,144 $66,635,306 $66,853,144 $66,635,306 $40,844,247 $40,844,247 $40,844,247 $40,844,247 $16,919,551 $16,919,551 $16,019,551 $16,019,551 $900,000 $900,000 $34,279 $34,279 $34,279 $34,279 $124,651,221 $124,433,383 $66,735,306 $66,735,306 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $124,533,383 $66,735,306 $66,735,306 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $124,533,383 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 $9,901,853 $9,901,853 $100,668 $100,668 $1,434 $1,434 $1,434 $10,003,955 $9,901,853 $9,901,853 $100,668 $100,668 $1,434 $1,434 $1,434 $10,003,955 $9,901,853 $9,901,853 $100,668 $100,668 $1,434 $1,434 $1,434 $10,003,955 $9,901,853 $9,901,853 $100,668 $100,668 $1,434 $1,434 $1,434 $10,003,955 225.1 Defer the FY09 cost of living adjustment. State General Funds ($50,301) ($50,301) ($50,301) ($50,301) 225.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($198,972) ($213,627) ($213,627) ($213,627) 225.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $769,187 $769,187 $769,187 $769,187 THURSDAY, MARCH 5, 2009 981 225.4 Reduce funds through restructuring the security contract at the headquarters complex. State General Funds ($331,211) ($331,211) ($331,211) ($331,211) 225.5 Transfer funds to the Regional Forensic Services program to prevent the closure of the Western Regional Crime Lab in Columbus, the Southwestern Regional Crime Lab in Moultrie, and the Southwestern Medical Examiner office. State General Funds ($179,639) ($179,639) 225.100-Bureau Administration Appropriation (HB 118) 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 $10,090,556 $10,075,901 $9,896,262 $9,896,262 State General Funds $10,090,556 $10,075,901 $9,896,262 $9,896,262 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 $100,668 Federal Funds Not Itemized $100,668 $100,668 $100,668 $100,668 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 $10,192,658 $10,178,003 $9,998,364 $9,998,364 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,536,126 $14,536,126 $1,859,298 $1,859,298 $155,610 $155,610 $155,610 $16,551,034 $14,536,126 $14,536,126 $1,859,298 $1,859,298 $155,610 $155,610 $155,610 $16,551,034 $14,536,126 $14,536,126 $1,859,298 $1,859,298 $155,610 $155,610 $155,610 $16,551,034 $14,536,126 $14,536,126 $1,859,298 $1,859,298 $155,610 $155,610 $155,610 $16,551,034 226.1 Defer the FY09 cost of living adjustment. State General Funds ($32,008) ($32,008) ($32,008) ($32,008) 226.2 Defer structure adjustments to the statewide salary plan. State General Funds ($31,277) ($31,277) ($31,277) ($31,277) 982 JOURNAL OF THE SENATE 226.3 Defer special adjustments to selected job classes. State General Funds ($246,580) ($246,580) ($246,580) ($246,580) 226.4 Defer the special pay raise received 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) ($177,320) ($177,320) 226.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($596,915) ($640,880) ($640,880) ($640,880) 226.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $24,525 $24,525 $24,525 $24,525 226.7 Reduce funds through a hiring freeze. State General Funds ($485,000) ($485,000) ($485,000) ($485,000) 226.8 Reduce funds by eliminating three hourly staff positions. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 226.9 Reduce funds from operations. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 226.10 Eliminate funds for forensic anthropology services and revert to contracted services when required. State General Funds ($26,135) ($26,135) ($26,135) ($26,135) 226.100-Centralized Scientific Services Appropriation (HB 118) The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $12,715,416 $12,671,451 $12,671,451 $12,671,451 State General Funds $12,715,416 $12,671,451 $12,671,451 $12,671,451 TOTAL FEDERAL FUNDS $1,859,298 $1,859,298 $1,859,298 $1,859,298 Federal Funds Not Itemized $1,859,298 $1,859,298 $1,859,298 $1,859,298 TOTAL AGENCY FUNDS $155,610 $155,610 $155,610 $155,610 Sales and Services $155,610 $155,610 $155,610 $155,610 Sales and Services Not Itemized $155,610 $155,610 $155,610 $155,610 TOTAL PUBLIC FUNDS $14,730,324 $14,686,359 $14,686,359 $14,686,359 THURSDAY, MARCH 5, 2009 983 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,040,504 $11,040,504 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $15,046,292 $11,040,504 $11,040,504 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $15,046,292 $11,040,504 $11,040,504 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $15,046,292 $11,040,504 $11,040,504 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $15,046,292 227.1 Defer the FY09 cost of living adjustment. State General Funds ($100,256) ($100,256) ($100,256) ($100,256) 227.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($428,819) ($460,403) ($460,403) ($460,403) 227.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $145,435 $145,435 $145,435 $145,435 227.4 Reduce funds through a hiring freeze. State General Funds ($576,841) ($576,841) ($576,841) ($576,841) 227.5 Reduce funds by eliminating thirty-five temporary labor positions used for data entry of criminal history information. State General Funds ($598,503) ($598,503) ($598,503) ($598,503) 227.6 Reduce funds from operations. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 227.100-Criminal Justice Information Services Appropriation (HB 118) The purpose of this appropriation is to provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. TOTAL STATE FUNDS $9,431,520 $9,399,936 $9,399,936 $9,399,936 984 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 $9,431,520 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $13,437,308 $9,399,936 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $13,405,724 $9,399,936 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $13,405,724 $9,399,936 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $13,405,724 Georgia Information Sharing and Analysis Center Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $939,414 $939,414 $360,025 $360,025 $479 $479 $479 $1,299,918 $939,414 $939,414 $360,025 $360,025 $479 $479 $479 $1,299,918 $939,414 $939,414 $360,025 $360,025 $479 $479 $479 $1,299,918 $939,414 $939,414 $360,025 $360,025 $479 $479 $479 $1,299,918 229.1 Defer the FY09 cost of living adjustment. State General Funds ($9,026) ($9,026) ($9,026) ($9,026) 229.2 Defer the special pay raise received 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) ($35,289) ($35,289) 229.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($30,875) ($33,149) ($33,149) ($33,149) 229.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,739 $5,739 $5,739 $5,739 THURSDAY, MARCH 5, 2009 985 229.5 Reduce funds through a hiring freeze. State General Funds 229.6 Reduce funds from operations. State General Funds ($85,000) ($65,000) ($85,000) ($65,000) ($85,000) ($65,000) ($85,000) ($65,000) 229.100-Georgia Information Sharing and Analysis Center Appropriation (HB 118) 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 $719,963 $717,689 $717,689 $717,689 State General Funds $719,963 $717,689 $717,689 $717,689 TOTAL FEDERAL FUNDS $360,025 $360,025 $360,025 $360,025 Federal Funds Not Itemized $360,025 $360,025 $360,025 $360,025 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 $1,080,467 $1,078,193 $1,078,193 $1,078,193 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,018,034 $9,018,034 $2,255 $2,255 $2,255 $9,020,289 $9,018,034 $9,018,034 $2,255 $2,255 $2,255 $9,020,289 $9,018,034 $9,018,034 $2,255 $2,255 $2,255 $9,020,289 $9,018,034 $9,018,034 $2,255 $2,255 $2,255 $9,020,289 230.1 Defer the FY09 cost of living adjustment. State General Funds ($175,045) ($175,045) ($175,045) ($175,045) 230.2 Defer the special pay raise received to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge. State General Funds ($136,500) ($136,500) ($136,500) ($136,500) 230.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 986 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($367,068) ($394,104) ($394,104) ($394,104) 230.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $34,263 $34,263 $34,263 $34,263 230.5 Reduce funds through a hiring freeze. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 230.6 Reduce funds by eliminating two hourly staff positions and two temporary labor positions. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 230.7 Reduce funds and limit the services at the Southwestern Regional Lab in Moultrie to intake only and close the Medical Examiner Office in Moultrie and the Western Regional Lab in Columbus. (S:Transfer funds from the Bureau Administration program to prevent the closure of the Western Regional Crime Lab in Columbus, the Southwestern Regional Crime Lab in Moultrie, and the Southwestern Medical Examiner office) State General Funds ($179,639) ($179,639) $0 $0 230.100-Regional Forensic Services Appropriation (HB 118) The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $7,944,045 $7,917,009 $8,096,648 State General Funds $7,944,045 $7,917,009 $8,096,648 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 $7,946,300 $7,919,264 $8,098,903 $8,096,648 $8,096,648 $2,255 $2,255 $2,255 $8,098,903 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 FEDERAL FUNDS Federal Funds Not Itemized $27,486,004 $27,486,004 $1,435,444 $1,435,444 $27,486,004 $27,486,004 $1,435,444 $1,435,444 $27,486,004 $27,486,004 $1,435,444 $1,435,444 $27,486,004 $27,486,004 $1,435,444 $1,435,444 THURSDAY, MARCH 5, 2009 987 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 $204,482 $204,482 $204,482 $34,279 $34,279 $34,279 $29,160,209 $204,482 $204,482 $204,482 $34,279 $34,279 $34,279 $29,160,209 $204,482 $204,482 $204,482 $34,279 $34,279 $34,279 $29,160,209 $204,482 $204,482 $204,482 $34,279 $34,279 $34,279 $29,160,209 231.1 Defer the FY09 cost of living adjustment. State General Funds ($281,141) ($281,141) ($281,141) ($281,141) 231.2 Defer the special pay raise received 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) ($1,289,543) ($1,289,543) 231.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,114,927) ($1,197,046) ($1,266,106) ($1,266,106) 231.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $103,026 $103,026 $103,026 $103,026 231.5 Reduce funds through a hiring freeze. State General Funds ($701,865) ($701,865) ($701,865) ($701,865) 231.6 Reduce funds by eliminating seven hourly staff positions. State General Funds ($54,561) ($54,561) ($54,561) ($54,561) 231.7 Reduce funds from operations. State General Funds ($257,600) ($257,600) ($257,600) ($257,600) 231.8 Reduce funds designated for vehicle purchases. State General Funds ($610,731) ($610,731) ($610,731) ($610,731) 231.9 Reduce funds and realize savings in operational costs as a result of the consolidation of the Macon Regional Drug Enforcement Office and the Milledgeville Regional Investigative Office. State General Funds ($34,727) ($34,727) ($34,727) ($34,727) 988 JOURNAL OF THE SENATE 231.10 Reduce funds from the State Drug Task Force by reassigning seventeen State Drug Task Force agents to regional offices as regional investigative agents and eliminate two support staff positions. State General Funds ($456,470) ($456,470) ($456,470) ($456,470) 231.11 Reduce funds by reassigning three Secure ID agents to regional investigative positions. State General Funds ($139,636) ($139,636) ($139,636) ($139,636) 231.100-Regional Investigative Services Appropriation (HB 118) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $22,647,829 $22,565,710 $22,496,650 $22,496,650 State General Funds $22,647,829 $22,565,710 $22,496,650 $22,496,650 TOTAL FEDERAL FUNDS $1,435,444 $1,435,444 $1,435,444 $1,435,444 Federal Funds Not Itemized $1,435,444 $1,435,444 $1,435,444 $1,435,444 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 INTRA-STATE GOVERNMENT TRANSFERS $34,279 $34,279 $34,279 $34,279 State Funds Transfers $34,279 $34,279 $34,279 $34,279 Agency to Agency Contracts $34,279 $34,279 $34,279 $34,279 TOTAL PUBLIC FUNDS $24,322,034 $24,239,915 $24,170,855 $24,170,855 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $922,919 $922,919 $3,023,756 $3,023,756 $200 $200 $200 $3,946,875 $922,919 $922,919 $3,023,756 $3,023,756 $200 $200 $200 $3,946,875 $922,919 $922,919 $3,023,756 $3,023,756 $200 $200 $200 $3,946,875 $922,919 $922,919 $3,023,756 $3,023,756 $200 $200 $200 $3,946,875 232.1 Defer the FY09 cost of living adjustment. THURSDAY, MARCH 5, 2009 989 State General Funds ($7,421) ($7,421) ($7,421) ($7,421) 232.2 Defer the special pay raise received 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) ($34,294) ($34,294) 232.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($24,014) ($25,783) ($25,783) ($25,783) 232.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,576 $2,576 $2,576 $2,576 232.5 Reduce funds from operations. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 232.6 Reduce funds through a hiring freeze. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 232.100-Special Operations Unit Appropriation (HB 118) 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 $829,766 $827,997 $827,997 $827,997 State General Funds $829,766 $827,997 $827,997 $827,997 TOTAL FEDERAL FUNDS $3,023,756 $3,023,756 $3,023,756 $3,023,756 Federal Funds Not Itemized $3,023,756 $3,023,756 $3,023,756 $3,023,756 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 $3,853,722 $3,851,953 $3,851,953 $3,851,953 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. 990 JOURNAL OF THE SENATE 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 $1,244,726 $1,244,726 $4,396,250 $4,396,250 $2,111 $2,111 $2,111 $5,643,087 $1,244,726 $1,244,726 $4,396,250 $4,396,250 $2,111 $2,111 $2,111 $5,643,087 $1,244,726 $1,244,726 $4,396,250 $4,396,250 $2,111 $2,111 $2,111 $5,643,087 $1,244,726 $1,244,726 $4,396,250 $4,396,250 $2,111 $2,111 $2,111 $5,643,087 233.1 Defer the FY09 cost of living adjustment. State General Funds ($6,455) ($6,455) ($6,455) ($6,455) 233.2 Defer the special pay raise received 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) ($66,162) ($66,162) 233.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($85,763) ($92,080) ($23,020) ($23,020) 233.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $14,137 $14,137 $14,137 $14,137 233.5 Reduce funds through a hiring freeze. State General Funds ($90,000) ($90,000) ($90,000) ($90,000) 233.100-State Healthcare Fraud Unit Appropriation (HB 118) The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,010,483 $1,004,166 $1,073,226 $1,073,226 State General Funds $1,010,483 $1,004,166 $1,073,226 $1,073,226 TOTAL FEDERAL FUNDS $4,396,250 $4,396,250 $4,396,250 $4,396,250 Federal Funds Not Itemized $4,396,250 $4,396,250 $4,396,250 $4,396,250 TOTAL AGENCY FUNDS $2,111 $2,111 $2,111 $2,111 THURSDAY, MARCH 5, 2009 991 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,111 $2,111 $5,408,844 $2,111 $2,111 $5,402,527 $2,111 $2,111 $5,471,587 $2,111 $2,111 $5,471,587 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 $1,301,979 $1,301,979 $376 $376 $376 $1,302,355 $1,301,979 $1,301,979 $376 $376 $376 $1,302,355 $1,301,979 $1,301,979 $376 $376 $376 $1,302,355 $1,301,979 $1,301,979 $376 $376 $376 $1,302,355 234.1 Defer the FY09 cost of living adjustment. State General Funds ($12,461) ($12,461) ($12,461) ($12,461) 234.2 Defer the special pay raise received to address retention issues for the following positions: Assistant Special Agent in Charge. State General Funds ($97,337) ($97,337) ($97,337) ($97,337) 234.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($41,167) ($44,199) ($44,199) ($44,199) 234.4 Reduce funds from operations. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 234.5 Reduce funds through a hiring freeze. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 234.100-Task Forces Appropriation (HB 118) The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,086,014 $1,082,982 $1,082,982 $1,082,982 State General Funds $1,086,014 $1,082,982 $1,082,982 $1,082,982 992 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $376 $376 $376 $1,086,390 $376 $376 $376 $1,083,358 $376 $376 $376 $1,083,358 $376 $376 $376 $1,083,358 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 $892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631 $892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631 $892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631 $892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631 235.1 Defer the FY09 cost of living adjustment. State General Funds ($3,670) ($3,670) ($3,670) ($3,670) 235.2 Defer structure adjustments to the statewide salary plan. State General Funds ($114) ($114) ($114) ($114) 235.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($17,798) ($19,109) ($19,109) ($19,109) 235.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $7,125 $7,125 $7,125 $7,125 235.5 Reduce funds and defer the Local Law Enforcement and Fire Services (LLEFS) grant program. (H and S:Restore funds for the final quarter of the fiscal year) THURSDAY, MARCH 5, 2009 993 State General Funds ($500,000) ($500,000) ($400,000) ($400,000) 235.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,776) ($3,776) ($3,776) 235.99 SAC: 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. House: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Gov Rev: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Governor: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. State General Funds $0 $0 $0 $0 235.100-Criminal Justice Coordinating Council Appropriation (HB 118) 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 $377,552 $372,465 $472,465 $472,465 State General Funds $377,552 $372,465 $472,465 $472,465 TOTAL FEDERAL FUNDS $25,665,622 $25,665,622 $25,665,622 $25,665,622 Federal Funds Not Itemized $25,665,622 $25,665,622 $25,665,622 $25,665,622 TOTAL AGENCY FUNDS $16,550,000 $16,550,000 $16,550,000 $16,550,000 Sales and Services $15,650,000 $15,650,000 $15,650,000 $15,650,000 Sales and Services Not Itemized $15,650,000 $15,650,000 $15,650,000 $15,650,000 Sanctions, Fines, and Penalties $900,000 $900,000 $900,000 $900,000 Sanctions, Fines, and Penalties Not Itemized $900,000 $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $42,593,174 $42,588,087 $42,688,087 $42,688,087 Section 29: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $342,932,665 $342,932,665 $1,674,112 $342,932,665 $342,932,665 $1,674,112 $342,932,665 $342,932,665 $1,674,112 $342,932,665 $342,932,665 $1,674,112 994 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 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 - Final $302,468,741 $301,609,065 $302,468,741 $301,609,065 $1,674,112 $1,674,112 $1,674,112 $1,674,112 $127,629 $127,629 $127,629 $127,629 $13,461,532 $13,461,532 $13,461,532 $13,461,532 $317,732,014 $316,872,338 $301,136,895 $301,136,895 $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $316,400,168 $301,236,895 $301,236,895 $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $316,500,168 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 or services for committed 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 $50,568,335 $50,568,335 $5,002,533 $5,002,533 $703,693 $4,298,840 $55,570,868 $50,568,335 $50,568,335 $5,002,533 $5,002,533 $703,693 $4,298,840 $55,570,868 $50,568,335 $50,568,335 $5,002,533 $5,002,533 $703,693 $4,298,840 $55,570,868 $50,568,335 $50,568,335 $5,002,533 $5,002,533 $703,693 $4,298,840 $55,570,868 236.1 Defer the FY09 cost of living adjustment. State General Funds ($29,370) ($29,370) ($29,370) ($29,370) 236.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) THURSDAY, MARCH 5, 2009 995 State General Funds ($96,681) ($103,802) ($103,802) ($103,802) 236.3 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions. State General Funds ($52,153) ($52,153) ($52,153) ($52,153) 236.4 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days. State General Funds ($12,331) ($12,331) ($12,331) ($12,331) 236.5 Reduce funds and the usage of part-time labor positions by 25%. State General Funds ($33,658) ($33,658) ($33,658) ($33,658) 236.6 Reduce funds from various contracts that will be managed for one-time reductions through the reduction of budgets to 95% capacity, controlling utilization, and utilizing prior year carry-over funds. State General Funds ($4,810,282) ($4,810,282) ($4,810,282) ($4,810,282) 236.7 Reduce funds from mental health services paid for by Care Management Organizations. State General Funds ($3,080,000) ($3,080,000) ($3,080,000) ($3,080,000) 236.8 Reduce funds from the closing of the North Georgia Wilderness Program during FY08 and by reducing the maximum length of stay in the Short Term Program (STP) to thirty days. State General Funds ($2,053,560) ($2,053,560) ($2,053,560) ($2,053,560) 236.9 Reduce funds by closing the Blakely Wilderness Program effective April 2009 and by reducing the maximum length of stay in the STP to thirty days. State General Funds ($403,466) ($403,466) ($403,466) ($403,466) 236.10 Reduce funds from the Outdoor Therapy Program operated by the Department of Human Resources in Cleveland, Georgia by utilizing a fee-for-service basis beginning in January 2009. State General Funds ($384,030) ($384,030) ($384,030) ($384,030) 236.11 Reduce funds and placements to the Family Based Intervention Program effective January 2009. State General Funds ($744,144) ($744,144) ($744,144) ($744,144) 236.12 Eliminate funds for the Weekend Sanctions Program. State General Funds ($72,170) ($72,170) 236.100-Community Non-Secure Commitment Appropriation (HB 118) 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. 996 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 $38,868,660 $38,868,660 $5,002,533 $5,002,533 $703,693 $4,298,840 $43,871,193 $38,861,539 $38,861,539 $5,002,533 $5,002,533 $703,693 $4,298,840 $43,864,072 $38,789,369 $38,789,369 $5,002,533 $5,002,533 $703,693 $4,298,840 $43,791,902 $38,789,369 $38,789,369 $5,002,533 $5,002,533 $703,693 $4,298,840 $43,791,902 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 $55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099 $55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099 $55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099 $55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099 237.1 Defer the FY09 cost of living adjustment. State General Funds ($460,970) ($460,970) ($460,970) ($460,970) 237.2 Defer structure adjustments to the statewide salary plan. State General Funds ($13,171) ($13,171) ($13,171) ($13,171) 237.3 Defer salary adjustments for critical jobs. State General Funds ($247,270) ($247,270) ($247,270) ($247,270) 237.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($2,208,916) ($2,371,612) ($2,371,612) ($2,371,612) 237.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $545,201 $545,201 $545,201 $545,201 237.6 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions. THURSDAY, MARCH 5, 2009 997 State General Funds ($185,562) ($185,562) ($185,562) ($185,562) 237.7 Reduce funds and the usage of part-time labor positions by 25%. State General Funds ($270,687) ($270,687) ($270,687) ($270,687) 237.8 Reduce funds from the Apprehensions Unit by eliminating twelve investigator positions. State General Funds ($338,239) ($338,239) ($338,239) ($338,239) 237.9 Reduce funds designated for motor vehicle purchases. State General Funds ($197,543) ($197,543) ($197,543) ($197,543) 237.10 Reduce funds by consolidating five regions to four regions and by eliminating several regional positions. State General Funds ($58,406) ($58,406) ($58,406) ($58,406) 237.11 Reduce funds received in HB990 (FY09G) for sixty-seven additional Juvenile Probation and Parole Specialists (JPPS). State General Funds ($3,157,758) ($3,157,758) ($3,157,758) ($3,157,758) 237.12 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days. State General Funds ($64,866) ($64,866) ($64,866) ($64,866) 237.100-Community Supervision Appropriation (HB 118) 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 $48,436,806 $48,274,110 $48,274,110 $48,274,110 State General Funds $48,436,806 $48,274,110 $48,274,110 $48,274,110 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,297,106 $4,297,106 $4,297,106 $4,297,106 Federal Funds Transfers $4,297,106 $4,297,106 $4,297,106 $4,297,106 FF Medical Assistance Program CFDA93.778 $4,297,106 $4,297,106 $4,297,106 $4,297,106 TOTAL PUBLIC FUNDS $52,733,912 $52,571,216 $52,571,216 $52,571,216 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 FEDERAL FUNDS $28,459,888 $28,459,888 $339,060 $28,459,888 $28,459,888 $339,060 $28,459,888 $28,459,888 $339,060 $28,459,888 $28,459,888 $339,060 998 JOURNAL OF THE SENATE 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 $339,060 $25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103 $339,060 $25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103 $339,060 $25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103 $339,060 $25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103 238.1 Defer the FY09 cost of living adjustment. State General Funds ($200,229) ($200,229) ($200,229) ($200,229) 238.2 Defer structure adjustments to the statewide salary plan. State General Funds ($5,721) ($5,721) ($5,721) ($5,721) 238.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($980,549) ($1,052,771) ($1,052,771) ($1,052,771) 238.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $540,139 $540,139 $540,139 $540,139 238.5 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions. State General Funds ($126,724) ($126,724) ($126,724) ($126,724) 238.6 Reduce funds and the usage of part-time labor positions by 25%. State General Funds ($88,195) ($88,195) ($88,195) ($88,195) 238.7 Reduce funds by providing mandatory training only. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 238.8 Reduce funds by consolidating five regions to four regions and by eliminating several regional positions. State General Funds ($91,954) ($91,954) ($91,954) ($91,954) 238.9 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days. State General Funds ($190,535) ($190,535) ($190,535) ($190,535) THURSDAY, MARCH 5, 2009 999 238.10 Reduce funds designated for vehicle purchases. State General Funds 238.11 Reduce funds from operations. State General Funds ($63,000) ($63,000) ($63,000) ($500,000) ($63,000) ($500,000) 238.100-Departmental Administration Appropriation (HB 118) The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery of effective services in appropriate settings. TOTAL STATE FUNDS $27,053,120 $26,980,898 $26,480,898 $26,480,898 State General Funds $27,053,120 $26,980,898 $26,480,898 $26,480,898 TOTAL FEDERAL FUNDS $339,060 $339,060 $339,060 $339,060 Federal Funds Not Itemized $339,060 $339,060 $339,060 $339,060 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 $220,095 $220,095 $220,095 $220,095 Federal Funds Transfers $220,095 $220,095 $220,095 $220,095 FF National School Lunch Program CFDA10.555 $220,095 $220,095 $220,095 $220,095 TOTAL PUBLIC FUNDS $27,637,335 $27,565,113 $27,065,113 $27,065,113 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 $99,055,570 $99,055,570 $1,274,905 $1,274,905 $27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $99,055,570 $99,055,570 $1,274,905 $1,274,905 $27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $99,055,570 $99,055,570 $1,274,905 $1,274,905 $27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $99,055,570 $99,055,570 $1,274,905 $1,274,905 $27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 1000 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $102,455,657 $102,455,657 $102,455,657 $102,455,657 239.1 Defer the FY09 cost of living adjustment State General Funds ($819,962) ($819,962) ($819,962) ($819,962) 239.2 Defer structure adjustments to the statewide salary plan. State General Funds ($23,427) ($23,427) ($23,427) ($23,427) 239.3 Defer salary adjustments for critical jobs. State General Funds ($439,995) ($439,995) ($439,995) ($439,995) 239.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds ($829,394) ($829,394) ($829,394) ($829,394) 239.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($3,884,299) ($4,170,394) ($4,170,394) ($4,170,394) 239.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $60,453 $60,453 $60,453 $60,453 239.7 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions. State General Funds ($826,149) ($826,149) ($826,149) ($826,149) 239.8 Reduce funds and the usage of part-time labor positions by 25%. State General Funds ($329,843) ($329,843) ($329,843) ($329,843) 239.9 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days. State General Funds ($217,138) ($217,138) ($217,138) ($217,138) 239.10 Reduce funds from various contracts that will be managed for one-time reductions through the reduction of budgets to 95% capacity, controlling utilization, and utilizing prior year carry-over funds. State General Funds ($1,633,689) ($1,633,689) ($1,633,689) ($1,633,689) 239.11 Reduce funds and suspend the 21st Century After School Learning Program effective January 2009. State General Funds ($192,500) ($192,500) ($192,500) ($192,500) THURSDAY, MARCH 5, 2009 1001 239.12 Reduce funds and suspend the Think Exit at Entry Transition Program effective January 2009. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 239.13 Reduce funds for Substance Abuse Education programs effective January 2009. State General Funds ($48,167) ($48,167) ($48,167) ($48,167) 239.14 Eliminate funds for the Emory and Medical College of Georgia Residency Program that provides limited psychiatry hours at the Augusta Youth Development Campus (YDC). State General Funds ($10,400) ($10,400) ($10,400) ($10,400) 239.15 Reduce funds designated for vehicle purchases. State General Funds ($84,803) ($84,803) ($84,803) ($84,803) 239.16 Reduce funds by eliminating the use of Social Work PRN staffing services in YDCs. State General Funds ($230,122) ($230,122) ($230,122) ($230,122) 239.17 Reduce funds by closing the McIntosh YDC effective April 2009 by reducing the maximum length of stay in the Short Term Program (STP) to thirty days. State General Funds ($1,000,000) ($1,000,000) ($900,000) ($800,000) 239.18 Reduce funds by consolidating five regions to four regions and by eliminating several regional positions. State General Funds ($76,834) ($76,834) ($76,834) ($76,834) 239.19 Reduce funds by replacing Social Service Provider II positions at the Muscogee YDC with part-time positions. State General Funds ($11,287) ($11,287) ($11,287) ($11,287) 239.100-Secure Commitment (YDCs) Appropriation (HB 118) 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 $88,158,014 $87,871,919 $87,971,919 $88,071,919 State General Funds $88,158,014 $87,871,919 $87,971,919 $88,071,919 TOTAL FEDERAL FUNDS $1,274,905 $1,274,905 $1,274,905 $1,274,905 Federal Funds Not Itemized $1,274,905 $1,274,905 $1,274,905 $1,274,905 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 $2,097,191 $2,097,191 $2,097,191 $2,097,191 1002 JOURNAL OF THE SENATE Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $2,097,191 $2,097,191 $91,558,101 $2,097,191 $2,097,191 $91,272,006 $2,097,191 $2,097,191 $91,372,006 $2,097,191 $2,097,191 $91,472,006 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 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 $109,753,879 $109,753,879 $60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211 $109,753,879 $109,753,879 $60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211 $109,753,879 $109,753,879 $60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211 $109,753,879 $109,753,879 $60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211 240.1 Defer the FY09 cost of living adjustment. State General Funds ($981,955) ($981,955) ($981,955) ($981,955) 240.2 Defer structure adjustments to the statewide salary plan. State General Funds ($23,457) ($23,457) ($23,457) ($23,457) 240.3 Defer salary adjustments for critical jobs. State General Funds ($524,842) ($524,842) ($524,842) ($524,842) 240.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($4,501,328) ($4,832,870) ($4,832,870) ($4,832,870) 240.5 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds ($786,793) ($786,793) ($786,793) ($786,793) THURSDAY, MARCH 5, 2009 1003 240.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $224,119 $224,119 $224,119 $224,119 240.7 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions. State General Funds ($803,667) ($803,667) ($803,667) ($803,667) 240.8 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days. State General Funds ($367,508) ($367,508) ($367,508) ($367,508) 240.9 Reduce funds and the usage of part-time labor positions by 25%. State General Funds ($566,063) ($566,063) ($566,063) ($566,063) 240.10 Eliminate funds for the Emory and Medical College of Georgia Residency Program that provides limited psychiatry hours at the Metro Regional Youth Detention Center (RYDC). State General Funds ($10,400) ($10,400) ($10,400) ($10,400) 240.11 Reduce funds designated for vehicle purchases. State General Funds ($65,731) ($65,731) ($65,731) ($65,731) 240.12 Reduce funds by replacing Social Service Provider II positions with part-time positions. State General Funds ($143,438) ($143,438) ($143,438) ($143,438) 240.13 Reduce funds through improved utilization of psychology services at secure facilities throughout the state. State General Funds ($49,067) ($49,067) ($49,067) ($49,067) 240.14 Eliminate funds for Substance Abuse Education programs provided at RYDCs effective January 2009. State General Funds ($122,321) ($122,321) ($122,321) ($122,321) 240.15 Reduce funds and the use of on-call Social Worker PRN staffing services at RYDCs. State General Funds ($149,142) ($149,142) ($149,142) ($149,142) 240.16 Reduce funds from various contracts that will be managed for one-time reductions through the reduction of budgets to 95% capacity, controlling utilization, and utilizing prior year carry-over funds. State General Funds ($801,362) ($801,362) ($801,362) ($801,362) 240.17 Reduce funds by consolidating five regions to four regions and by eliminating several regional positions. State General Funds ($128,783) ($128,783) ($128,783) ($128,783) 1004 JOURNAL OF THE SENATE 240.100-Secure Detention (RYDCs) Appropriation (HB 118) 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 $99,952,141 $99,620,599 $99,620,599 $99,620,599 State General Funds $99,952,141 $99,620,599 $99,620,599 $99,620,599 TOTAL FEDERAL FUNDS $60,147 $60,147 $60,147 $60,147 Federal Funds Not Itemized $60,147 $60,147 $60,147 $60,147 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 $1,844,607 $1,844,607 $1,844,607 $1,844,607 Federal Funds Transfers $1,844,607 $1,844,607 $1,844,607 $1,844,607 FF National School Lunch Program CFDA10.555 $1,844,607 $1,844,607 $1,844,607 $1,844,607 TOTAL PUBLIC FUNDS $101,931,473 $101,599,931 $101,599,931 $101,599,931 Section 30: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Final $48,609,493 $48,006,483 $48,609,493 $48,006,483 $345,692,508 $345,692,508 $47,934,616 $47,934,616 $345,692,508 $47,934,616 $47,934,616 $345,440,508 THURSDAY, MARCH 5, 2009 1005 Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $432,730,192 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $432,127,182 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $432,055,315 $345,440,508 $31,523,391 $729,513 $30,793,878 $1,446,800 $1,446,800 $426,345,315 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $444,108 $444,108 $1,966,085 $1,966,085 $2,410,193 $444,108 $444,108 $1,966,085 $1,966,085 $2,410,193 $444,108 $444,108 $1,966,085 $1,966,085 $2,410,193 $444,108 $444,108 $1,966,085 $1,966,085 $2,410,193 241.1 Defer the FY09 cost of living adjustment. State General Funds ($2,509) ($2,509) ($2,509) ($2,509) 241.2 Defer structure adjustments to the statewide salary plan. State General Funds ($289) ($289) ($289) ($289) 241.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($12,772) ($13,713) ($13,713) ($13,713) 241.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,422 $1,422 $1,422 $1,422 241.5 Reduce funds from personnel. State General Funds ($7,920) ($7,920) ($7,920) ($7,920) 241.6 Reduce funds from operations. State General Funds ($2,156) ($2,156) ($2,156) ($2,156) 1006 JOURNAL OF THE SENATE 241.100-Business Enterprise Program Appropriation (HB 118) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $419,884 $418,943 $418,943 $418,943 State General Funds $419,884 $418,943 $418,943 $418,943 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,385,969 $2,385,028 $2,385,028 $2,385,028 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 State General Funds TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 242.1 Reduce funds from operations. State General Funds ($9,317) ($9,317) ($9,317) ($9,317) 242.100-Commission on Women Appropriation (HB 118) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $83,855 $83,855 $83,855 $83,855 State General Funds $83,855 $83,855 $83,855 $83,855 TOTAL PUBLIC FUNDS $83,855 $83,855 $83,855 $83,855 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $3,422,636 $3,422,636 $38,433,936 $37,923,936 $510,000 $510,000 $41,856,572 $3,422,636 $3,422,636 $38,433,936 $37,923,936 $510,000 $510,000 $41,856,572 $3,422,636 $3,422,636 $38,433,936 $37,923,936 $510,000 $510,000 $41,856,572 $3,422,636 $3,422,636 $38,433,936 $37,923,936 $510,000 $510,000 $41,856,572 THURSDAY, MARCH 5, 2009 1007 243.1 Defer the FY09 cost of living adjustment. State General Funds ($31,827) ($31,827) ($31,827) ($31,827) 243.2 Defer structure adjustments to the statewide salary plan. State General Funds ($3,661) ($3,661) ($3,661) ($3,661) 243.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($95,446) ($102,476) ($102,476) ($102,476) 243.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,261 $11,261 $11,261 $11,261 243.5 Reduce funds from operations. State General Funds ($185,839) ($185,839) ($185,839) ($185,839) 243.6 Reduce funds from personnel. State General Funds ($653,327) ($653,327) ($653,327) ($653,327) 243.7 Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance. State General Funds ($211,276) ($211,276) ($211,276) ($211,276) 243.8 Reduce funds from the GoodWorks program to align expenditures to actual grant award. Temporary Assistance for Needy Families Grant CFDA93.558 ($510,000) ($510,000) ($510,000) ($510,000) 243.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($486,095) ($486,095) ($486,095) 243.100-Department of Labor Administration Appropriation (HB 118) 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 $2,252,521 $1,759,396 $1,759,396 $1,759,396 State General Funds $2,252,521 $1,759,396 $1,759,396 $1,759,396 TOTAL FEDERAL FUNDS $37,923,936 $37,923,936 $37,923,936 $37,923,936 Federal Funds Not Itemized $37,923,936 $37,923,936 $37,923,936 $37,923,936 TOTAL PUBLIC FUNDS $40,176,457 $39,683,332 $39,683,332 $39,683,332 1008 JOURNAL OF THE SENATE 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 $0 $55,598,820 $55,598,820 $55,598,820 244.100-Disability Adjudication Section Appropriation (HB 118) 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417 $2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417 $2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417 $2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417 245.1 Defer the FY09 cost of living adjustment. State General Funds ($12,443) ($12,443) ($12,443) ($12,443) 245.2 Defer structure adjustments to the statewide salary plan. State General Funds ($1,431) ($1,431) ($1,431) ($1,431) 245.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($66,632) ($71,540) ($71,540) ($71,540) THURSDAY, MARCH 5, 2009 1009 245.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $7,398 $7,398 $7,398 $7,398 245.5 Reduce funds from personnel. State General Funds ($177,661) ($177,661) ($177,661) ($177,661) 245.100-Division of Rehabilitation Administration Appropriation (HB 118) 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 $2,059,130 $2,054,222 $2,054,222 $2,054,222 State General Funds $2,059,130 $2,054,222 $2,054,222 $2,054,222 TOTAL FEDERAL FUNDS $2,913,518 $2,913,518 $2,913,518 $2,913,518 Federal Funds Not Itemized $2,913,518 $2,913,518 $2,913,518 $2,913,518 TOTAL PUBLIC FUNDS $4,972,648 $4,967,740 $4,967,740 $4,967,740 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 $452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801 $452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801 $452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801 $452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801 246.1 Defer the FY09 cost of living adjustment. State General Funds ($64,583) ($64,583) ($64,583) ($64,583) 246.2 Defer structure adjustments to the statewide salary plan. State General Funds ($7,428) ($7,428) ($7,428) ($7,428) 246.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 1010 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($9,473) ($10,171) ($10,171) ($10,171) 246.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,451 $1,451 $1,451 $1,451 246.100-Georgia Industries for the Blind Appropriation (HB 118) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $372,880 $372,182 $372,182 $372,182 State General Funds $372,880 $372,182 $372,182 $372,182 TOTAL AGENCY FUNDS $11,828,888 $11,828,888 $11,828,888 $11,828,888 Reserved Fund Balances $729,513 $729,513 $729,513 $729,513 Reserved Fund Balances Not Itemized $729,513 $729,513 $729,513 $729,513 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 $12,201,768 $12,201,070 $12,201,070 $12,201,070 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 $753,151 $753,151 $2,249,873 $2,249,873 $3,003,024 $753,151 $753,151 $2,249,873 $2,249,873 $3,003,024 $753,151 $753,151 $2,249,873 $2,249,873 $3,003,024 $753,151 $753,151 $2,249,873 $2,249,873 $3,003,024 247.1 Defer the FY09 cost of living adjustment. State General Funds ($8,038) ($8,038) ($8,038) ($8,038) 247.2 Defer structure adjustments to the statewide salary plan. State General Funds ($924) ($924) ($924) ($924) 247.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits THURSDAY, MARCH 5, 2009 1011 (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($27,928) ($29,985) ($29,985) ($29,985) 247.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,412 $2,412 $2,412 $2,412 247.5 Reduce funds from operations. State General Funds ($71,867) ($71,867) 247.100-Labor Market Information Appropriation (HB 118) 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 $718,673 $716,616 $644,749 $644,749 State General Funds $718,673 $716,616 $644,749 $644,749 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 $2,968,546 $2,966,489 $2,894,622 $2,894,622 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 $7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $33,222,110 $7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $33,222,110 $7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $33,222,110 248.1 Defer the FY09 cost of living adjustment. State General Funds ($51,285) ($51,285) ($51,285) $7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $33,222,110 ($51,285) 1012 JOURNAL OF THE SENATE 248.2 Defer structure adjustments to the statewide salary plan. State General Funds ($5,898) ($5,898) ($5,898) ($5,898) 248.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($209,405) ($224,829) ($224,829) ($224,829) 248.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $23,507 $23,507 $23,507 $23,507 248.5 Reduce funds from personnel. State General Funds ($208,904) ($208,904) ($208,904) ($208,904) 248.6 Reduce funds from operations. State General Funds ($163,564) ($163,564) ($163,564) ($163,564) 248.100-Roosevelt Warm Springs Institute Appropriation (HB 118) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,724,185 $6,708,761 $6,708,761 State General Funds $6,724,185 $6,708,761 $6,708,761 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 $32,606,561 $32,591,137 $32,591,137 $6,708,761 $6,708,761 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,591,137 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. THURSDAY, MARCH 5, 2009 1013 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,406,435 $3,406,435 $168,552 $168,552 $3,574,987 $3,406,435 $3,406,435 $168,552 $168,552 $3,574,987 $3,406,435 $3,406,435 $168,552 $168,552 $3,574,987 $3,406,435 $3,406,435 $168,552 $168,552 $3,574,987 249.1 Defer the FY09 cost of living adjustment. State General Funds ($27,096) ($27,096) ($27,096) ($27,096) 249.2 Defer structure adjustments to the statewide salary plan. State General Funds ($3,116) ($3,116) ($3,116) ($3,116) 249.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($96,341) ($103,437) ($103,437) ($103,437) 249.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $10,910 $10,910 $10,910 $10,910 249.5 Reduce funds received in HB990 (FY09G) for three safety inspector positions and one clerical position. State General Funds ($257,142) ($257,142) ($257,142) ($257,142) 249.100-Safety Inspections Appropriation (HB 118) 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 $3,033,650 $3,026,554 $3,026,554 $3,026,554 State General Funds $3,033,650 $3,026,554 $3,026,554 $3,026,554 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 $3,202,202 $3,195,106 $3,195,106 $3,195,106 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. 1014 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746 $11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746 $11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746 $11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746 250.1 Defer the FY09 cost of living adjustment. State General Funds ($100,736) ($100,736) ($100,736) ($100,736) 250.2 Defer structure adjustments to the statewide salary plan. State General Funds ($11,586) ($11,586) ($11,586) ($11,586) 250.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($304,595) ($327,029) ($327,029) ($327,029) 250.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $35,962 $35,962 $35,962 $35,962 250.5 Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance. State General Funds ($2,580,789) ($2,580,789) ($2,580,789) ($2,580,789) 250.6 Reduce funds designated for vehicle purchases. State General Funds ($10,452) ($10,452) ($10,452) ($10,452) 250.100-Unemployment Insurance Appropriation (HB 118) 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 $8,256,364 $8,233,930 $8,233,930 $8,233,930 State General Funds $8,256,364 $8,233,930 $8,233,930 $8,233,930 TOTAL FEDERAL FUNDS $49,173,186 $49,173,186 $49,173,186 $49,173,186 Federal Funds Not Itemized $49,173,186 $49,173,186 $49,173,186 $49,173,186 TOTAL PUBLIC FUNDS $57,429,550 $57,407,116 $57,407,116 $57,407,116 Vocational Rehabilitation Program Continuation Budget The purpose of this appropriation is to assist people with disabilities so that they may go to work. THURSDAY, MARCH 5, 2009 1015 TOTAL STATE FUNDS $18,029,477 State General Funds $18,029,477 TOTAL FEDERAL FUNDS $63,967,153 Federal Funds Not Itemized $65,667,153 Temporary Assistance for Needy Families ($1,700,000) TANF Transfers to Child Care Development Fund per 42 USC 604 ($1,700,000) TOTAL AGENCY FUNDS $806,216 Sales and Services $806,216 Sales and Services Not Itemized $806,216 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 Federal Funds Transfers $1,700,000 FF Temporary Assistance for Needy Families CFDA93.558 $1,700,000 TOTAL PUBLIC FUNDS $84,502,846 $18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000) $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846 $18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000) $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846 $18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000) $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846 251.1 Defer the FY09 cost of living adjustment. State General Funds ($82,563) ($82,563) ($82,563) ($82,563) 251.2 Defer structure adjustments to the statewide salary plan. State General Funds ($9,496) ($9,496) ($9,496) ($9,496) 251.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($521,729) ($560,156) ($560,156) ($560,156) 251.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $57,743 $57,743 $57,743 $57,743 251.5 Reduce funds from contracts. State General Funds ($597,692) ($597,692) ($597,692) ($597,692) 251.6 Increase funds for the GoodWorks program to align expenditures to annual grant award. (S:Adjust funds to reflect HB990 (FY09G) intent to eliminate GoodWorks activities in this program) TANF Transfers to Child Care Development Fund per 42 USC 604 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $1,700,000 $1,700,000 $1,700,000 $1,700,000 ($1,700,000) $0 1016 JOURNAL OF THE SENATE 251.7 Reduce funds from operations. State General Funds ($155,169) ($155,169) ($155,169) ($155,169) 251.100-Vocational Rehabilitation Program Appropriation (HB 118) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,720,571 $16,682,144 $16,682,144 State General Funds $16,720,571 $16,682,144 $16,682,144 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 $84,893,940 $84,855,513 $84,855,513 $16,682,144 $16,682,144 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $83,155,513 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103 $8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103 $8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103 $8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103 252.1 Defer the FY09 cost of living adjustment. State General Funds ($75,752) ($75,752) ($75,752) ($75,752) THURSDAY, MARCH 5, 2009 1017 252.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($243,021) ($260,921) ($260,921) ($260,921) 252.3 Defer structure adjustments to the statewide salary plan. State General Funds ($8,712) ($8,712) ($8,712) ($8,712) 252.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $26,547 $26,547 $26,547 $26,547 252.5 Reduce funds designated for vehicle purchases. State General Funds ($20,289) ($20,289) ($20,289) ($20,289) 252.6 Reduce funds from the GoodWorks program to align expenditures to annual grant award. (S:Adjust funds to reflect HB990 (FY09G) intent to fund only 250 identified challenge cases) Temporary Assistance for Needy Families Grant CFDA93.558 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS ($1,190,000) ($1,190,000) ($1,190,000) ($1,442,000) ($3,758,000) ($5,200,000) 252.100-Workforce Development Appropriation (HB 118) The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $7,967,780 State General Funds $7,967,780 TOTAL FEDERAL FUNDS $123,042,096 Federal Funds Not Itemized $122,790,096 Temporary Assistance for Needy Families $252,000 Temporary Assistance for Needy Families Grant CFDA93.558 $252,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,200,000 Federal Funds Transfers $5,200,000 FF Temporary Assistance for Needy Families CFDA93.558 $5,200,000 TOTAL PUBLIC FUNDS $136,209,876 $7,949,880 $7,949,880 $123,042,096 $122,790,096 $252,000 $252,000 $5,200,000 $5,200,000 $5,200,000 $136,191,976 $7,949,880 $7,949,880 $123,042,096 $122,790,096 $252,000 $252,000 $5,200,000 $5,200,000 $5,200,000 $136,191,976 $7,949,880 $7,949,880 $122,790,096 $122,790,096 $1,442,000 $1,442,000 $1,442,000 $132,181,976 1018 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 Section Total - Continuation $19,650,981 $19,650,981 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221 $19,650,981 $19,650,981 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221 $19,650,981 $19,650,981 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221 $19,650,981 $19,650,981 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221 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 - Final $17,223,834 $16,969,425 $17,223,834 $16,969,425 $24,817 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $54,050,074 $53,795,665 $16,969,425 $16,969,425 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $53,795,665 $16,969,425 $16,969,425 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $53,795,665 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 $19,650,981 $19,650,981 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $19,650,981 $19,650,981 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $19,650,981 $19,650,981 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $19,650,981 $19,650,981 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 THURSDAY, MARCH 5, 2009 1019 Legal Services - Client Reimbursable per OCGA45-15-4 TOTAL PUBLIC FUNDS $36,801,423 $56,477,221 $36,801,423 $56,477,221 $36,801,423 $56,477,221 $36,801,423 $56,477,221 253.1 Defer the FY09 cost of living adjustment. State General Funds ($247,231) ($247,231) ($247,231) ($247,231) 253.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,115,629) ($1,197,800) ($1,197,800) ($1,197,800) 253.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $42,657 $42,657 $42,657 $42,657 253.4 Reduce funds from personnel. State General Funds ($724,486) ($724,486) ($724,486) ($724,486) 253.5 Reduce funds by eliminating five vacant positions. State General Funds ($267,258) ($267,258) ($267,258) ($267,258) 253.6 Reduce funds by suspending the summer internship program. State General Funds ($35,000) ($35,000) ($35,000) ($35,000) 253.7 Reduce funds from library spending. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 253.8 Reduce funds from travel. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 253.9 Reduce funds by discontinuing a software licensing contract. State General Funds ($40,200) ($40,200) ($40,200) ($40,200) 253.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($172,238) ($172,238) ($172,238) 253.100-Law, Department of Appropriation (HB 118) 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. 1020 JOURNAL OF THE SENATE 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 Section 32: Natural Resources, 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 Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $17,223,834 $17,223,834 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $54,050,074 $16,969,425 $16,969,425 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $53,795,665 $16,969,425 $16,969,425 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $53,795,665 $16,969,425 $16,969,425 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $53,795,665 Section Total - Continuation $130,877,057 $130,877,057 $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 $303,875,765 $130,877,057 $130,877,057 $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 $303,875,765 $130,877,057 $130,877,057 $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 $303,875,765 $130,877,057 $130,877,057 $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 $303,875,765 Section Total - Final $107,510,754 $106,793,952 $107,510,754 $106,793,952 $49,146,841 $49,146,841 $49,146,841 $49,146,841 $105,975,942 $105,975,942 $49,146,841 $49,146,841 $106,004,061 $106,004,061 $49,146,841 $49,146,841 THURSDAY, MARCH 5, 2009 1021 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 $122,969,762 $4,583,045 $103,913 $2,941,137 $15,250 $115,326,417 $130,000 $130,000 $279,757,357 $122,969,762 $4,583,045 $103,913 $2,941,137 $15,250 $115,326,417 $130,000 $130,000 $279,040,555 $122,969,762 $4,583,045 $103,913 $2,941,137 $15,250 $115,326,417 $130,000 $130,000 $278,222,545 $122,969,762 $4,583,045 $103,913 $2,941,137 $15,250 $115,326,417 $130,000 $130,000 $278,250,664 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,898,737 $2,898,737 $5,940,807 $5,940,807 $90,221 $90,221 $90,221 $8,929,765 $2,898,737 $2,898,737 $5,940,807 $5,940,807 $90,221 $90,221 $90,221 $8,929,765 $2,898,737 $2,898,737 $5,940,807 $5,940,807 $90,221 $90,221 $90,221 $8,929,765 $2,898,737 $2,898,737 $5,940,807 $5,940,807 $90,221 $90,221 $90,221 $8,929,765 254.1 Defer the FY09 cost of living adjustment. State General Funds ($22,098) ($22,098) ($22,098) ($22,098) 254.2 Defer 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) ($11,991) ($11,991) 254.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($86,052) ($92,359) ($92,359) ($92,359) 254.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 1022 JOURNAL OF THE SENATE State General Funds $2,003 254.5 Reduce funds from operations. State General Funds ($20,000) 254.6 Eliminate funds received in HB95 (FY08G) for sunken vessel removal. State General Funds ($180,000) 254.7 Reduce funds designated for vehicle purchases. State General Funds ($20,000) 254.8 Reduce funds from artificial reef construction. State General Funds ($46,755) 254.9 Reduce funds to reflect the revised revenue estimate. State General Funds 254.10 Reduce funds by eliminating two vacant positions. State General Funds $2,003 ($20,000) ($180,000) ($20,000) ($46,755) ($45,665) $2,003 ($20,000) ($180,000) ($20,000) ($46,755) $0 ($95,235) $2,003 ($20,000) ($180,000) ($20,000) ($46,755) $0 ($95,235) 254.100-Coastal Resources Appropriation (HB 118) The purpose of this appropriation is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental, historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations. TOTAL STATE FUNDS $2,513,844 $2,461,872 $2,412,302 $2,412,302 State General Funds $2,513,844 $2,461,872 $2,412,302 $2,412,302 TOTAL FEDERAL FUNDS $5,940,807 $5,940,807 $5,940,807 $5,940,807 Federal Funds Not Itemized $5,940,807 $5,940,807 $5,940,807 $5,940,807 TOTAL AGENCY FUNDS $90,221 $90,221 $90,221 $90,221 Sales and Services $90,221 $90,221 $90,221 $90,221 Sales and Services Not Itemized $90,221 $90,221 $90,221 $90,221 TOTAL PUBLIC FUNDS $8,544,872 $8,492,900 $8,443,330 $8,443,330 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 $10,959,652 $10,959,652 $174,383 $10,959,652 $10,959,652 $174,383 $10,959,652 $10,959,652 $174,383 $10,959,652 $10,959,652 $174,383 THURSDAY, MARCH 5, 2009 1023 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301 255.1 Defer the FY09 cost of living adjustment. State General Funds ($85,628) ($85,628) ($85,628) ($85,628) 255.2 Defer structure adjustments to the statewide salary plan. State General Funds ($30,287) ($30,287) ($30,287) ($30,287) 255.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($333,444) ($357,885) ($357,885) ($357,885) 255.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $634,298 $634,298 $634,298 $634,298 255.5 Reduce funds from operations. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 255.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($63,560) $0 $0 255.7 Reduce funds by eliminating twelve vacant positions. State General Funds ($382,000) ($382,000) 255.100-Departmental Administration Appropriation (HB 118) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,944,591 $10,856,590 $10,538,150 State General Funds $10,944,591 $10,856,590 $10,538,150 TOTAL FEDERAL FUNDS $174,383 $174,383 $174,383 $10,538,150 $10,538,150 $174,383 1024 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,692,240 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,604,239 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,285,799 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,285,799 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874 $32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874 $32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874 $32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874 256.1 Defer the FY09 cost of living adjustment. State General Funds ($343,070) ($343,070) ($343,070) ($343,070) 256.2 Defer structure adjustments to the statewide salary plan. State General Funds ($7,885) ($7,885) ($7,885) ($7,885) 256.3 Defer salary adjustments for critical jobs. State General Funds ($120,167) ($120,167) ($120,167) ($120,167) 256.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,335,950) ($1,433,872) ($1,433,872) ($1,433,872) 256.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. THURSDAY, MARCH 5, 2009 1025 State General Funds $107,261 $107,261 256.6 Reduce funds from operations. State General Funds ($200,000) ($200,000) 256.7 Reduce funds by eliminating twenty-two vacant positions. State General Funds ($1,095,810) ($1,095,810) 256.8 Reduce funds for advertising from the Clean Air Campaign contract. State General Funds ($180,000) ($180,000) 256.9 Reduce funds from the Emergency Response Network and eliminate two vacant positions. State General Funds ($260,298) ($260,298) 256.10 Reduce funds for two land protection positions and fund with existing agency funds. State General Funds ($179,000) ($179,000) 256.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($54,332) $107,261 ($200,000) ($1,095,810) ($180,000) ($260,298) ($179,000) ($54,332) $107,261 ($200,000) ($1,095,810) ($180,000) ($260,298) ($179,000) ($54,332) 256.100-Environmental Protection Appropriation (HB 118) 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 $28,757,158 $28,604,904 $28,604,904 $28,604,904 State General Funds $28,757,158 $28,604,904 $28,604,904 $28,604,904 TOTAL FEDERAL FUNDS $23,517,774 $23,517,774 $23,517,774 $23,517,774 Federal Funds Not Itemized $23,517,774 $23,517,774 $23,517,774 $23,517,774 TOTAL AGENCY FUNDS $66,713,023 $66,713,023 $66,713,023 $66,713,023 Sales and Services $66,713,023 $66,713,023 $66,713,023 $66,713,023 Sales and Services Not Itemized $66,713,023 $66,713,023 $66,713,023 $66,713,023 TOTAL PUBLIC FUNDS $118,987,955 $118,835,701 $118,835,701 $118,835,701 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 $7,600,000 $7,600,000 $7,600,000 1026 JOURNAL OF THE SENATE 257.1 Reduce unobligated funds. State General Funds ($4,894,774) 257.2 Reduce funds by eliminating three vacant environmental engineer positions. State General Funds ($186,018) ($4,894,774) ($186,018) ($4,894,774) ($186,018) ($4,894,774) ($186,018) 257.100-Hazardous Waste Trust Fund Appropriation (HB 118) The purpose of this appropriation is to investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $2,519,208 $2,519,208 $2,519,208 State General Funds $2,519,208 $2,519,208 $2,519,208 TOTAL PUBLIC FUNDS $2,519,208 $2,519,208 $2,519,208 $2,519,208 $2,519,208 $2,519,208 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 $2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734 $2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734 $2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734 $2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734 258.1 Defer the FY09 cost of living adjustment. State General Funds ($17,990) ($17,990) ($17,990) ($17,990) 258.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($70,055) ($75,190) ($75,190) ($75,190) 258.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $20,526 $20,526 $20,526 $20,526 258.4 Reduce funds from the certified local government coordinator contract. State General Funds ($42,000) ($42,000) ($42,000) ($42,000) 258.5 Reduce funds and defer the Georgia Heritage Grants. THURSDAY, MARCH 5, 2009 1027 State General Funds ($129,276) ($129,276) 258.6 Reduce funds from Regional Development Centers' Historic Preservation Planners. State General Funds ($28,119) ($28,119) 258.7 Reduce funds by eliminating two vacant positions. State General Funds ($129,276) ($28,119) ($100,000) ($129,276) $0 ($100,000) 258.100-Historic Preservation Appropriation (HB 118) The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. TOTAL STATE FUNDS $1,909,533 $1,904,398 $1,804,398 $1,832,517 State General Funds $1,909,533 $1,904,398 $1,804,398 $1,832,517 TOTAL FEDERAL FUNDS $1,007,287 $1,007,287 $1,007,287 $1,007,287 Federal Funds Not Itemized $1,007,287 $1,007,287 $1,007,287 $1,007,287 TOTAL PUBLIC FUNDS $2,916,820 $2,911,685 $2,811,685 $2,839,804 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 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 259.1 Defer the FY09 cost of living adjustment. State General Funds ($4,513) ($4,513) ($4,513) ($4,513) 259.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($17,578) ($18,866) ($18,866) ($18,866) 259.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,843 $4,843 $4,843 $4,843 1028 JOURNAL OF THE SENATE 259.100-Land Conservation Appropriation (HB 118) 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 $502,173 $500,885 $500,885 $500,885 State General Funds $502,173 $500,885 $500,885 $500,885 TOTAL PUBLIC FUNDS $502,173 $500,885 $500,885 $500,885 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239 $300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102 $30,000 $30,000 $30,000 $70,424,697 $27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239 $300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102 $30,000 $30,000 $30,000 $70,424,697 $27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239 $300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102 $30,000 $30,000 $30,000 $70,424,697 $27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239 $300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102 $30,000 $30,000 $30,000 $70,424,697 260.1 Defer the FY09 cost of living adjustment. State General Funds ($227,227) ($227,227) ($227,227) ($227,227) 260.2 Defer salary adjustments for critical jobs. State General Funds ($21,442) ($21,442) ($21,442) ($21,442) 260.3 Defer 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 THURSDAY, MARCH 5, 2009 1029 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) ($1,537,636) ($1,537,636) 260.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($884,845) ($949,703) ($949,703) ($949,703) 260.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $15,353 $15,353 $15,353 $15,353 260.6 Reduce funds received in HB990 (FY09G) to build public recreation facilities and a boat ramp at Bear Creek Reservoir. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 260.7 Reduce funds received in HB990 (FY09G) for the survey of High Falls State Park. State General Funds ($148,000) ($148,000) ($148,000) ($148,000) 260.8 Reduce funds received in HB990 (FY09G) to control aquatic vegetation at Little Ocmulgee State Park. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 260.9 Reduce unobligated repair and maintenance funds. State General Funds ($452,359) ($452,359) ($452,359) ($452,359) 260.10 Reduce funds for two management and support positions and fund with existing agency funds. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 260.11 Eliminate funds and one vacant position by closing the Bo Ginn Aquarium. State General Funds ($51,000) ($51,000) ($51,000) ($51,000) 260.12 Reduce funds from the Historic Site Region Office. State General Funds ($186,000) ($186,000) ($186,000) ($186,000) 260.13 Reduce funds by delaying the opening of the Suwanee River Eco-Lodge. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($175,000) ($165,000) ($340,000) ($175,000) ($165,000) ($340,000) ($175,000) ($165,000) ($340,000) ($175,000) ($165,000) ($340,000) 1030 JOURNAL OF THE SENATE 260.14 Reduce funds designated for vehicle purchases. State General Funds 260.15 Reduce funds from appraisal contracts. State General Funds 260.16 Reduce funds to reflect the revised revenue estimate. State General Funds ($206,798) ($76,000) ($206,798) ($76,000) ($230,422) ($206,798) ($76,000) ($230,422) ($206,798) ($76,000) ($230,422) 260.100-Parks, Recreation and Historic Sites Appropriation (HB 118) 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 $23,266,475 $22,971,195 $22,971,195 $22,971,195 State General Funds $23,266,475 $22,971,195 $22,971,195 $22,971,195 TOTAL FEDERAL FUNDS $1,704,029 $1,704,029 $1,704,029 $1,704,029 Federal Funds Not Itemized $1,704,029 $1,704,029 $1,704,029 $1,704,029 TOTAL AGENCY FUNDS $41,090,239 $41,090,239 $41,090,239 $41,090,239 Contributions, Donations, and Forfeitures $300,000 $300,000 $300,000 $300,000 Contributions, Donations, and Forfeitures Not Itemized $300,000 $300,000 $300,000 $300,000 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 $37,849,102 $37,849,102 $37,849,102 $37,849,102 Sales and Services Not Itemized $37,849,102 $37,849,102 $37,849,102 $37,849,102 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 $30,000 $30,000 $30,000 Agency Funds Transfers $30,000 $30,000 $30,000 $30,000 Agency Fund Transfers Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $66,090,743 $65,795,463 $65,795,463 $65,795,463 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 FEDERAL FUNDS Federal Funds Not Itemized $0 $0 $96,580 $96,580 $0 $0 $96,580 $96,580 $0 $0 $96,580 $96,580 $0 $0 $96,580 $96,580 THURSDAY, MARCH 5, 2009 1031 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $115,313 $103,913 $103,913 $11,400 $11,400 $211,893 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893 261.100-Pollution Prevention Assistance Appropriation (HB 118) 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 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $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 State General Funds 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 $6,000,000 262.1 Reduce unobligated funds. State General Funds ($3,906,915) ($3,906,915) ($3,906,915) ($3,906,915) 262.100-Solid Waste Trust Fund Appropriation (HB 118) 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 $2,093,085 $2,093,085 $2,093,085 $2,093,085 1032 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $2,093,085 $2,093,085 $2,093,085 $2,093,085 $2,093,085 $2,093,085 $2,093,085 $2,093,085 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409 $15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433 $37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409 $15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433 $37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409 $15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433 $37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409 $15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433 263.1 Defer the FY09 cost of living adjustment. State General Funds ($332,522) ($332,522) ($332,522) ($332,522) 263.2 Defer 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 ($1,411,374) ($1,411,374) ($1,411,374) ($1,411,374) 263.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) THURSDAY, MARCH 5, 2009 1033 State General Funds ($1,294,875) ($1,389,786) ($1,389,786) ($1,389,786) 263.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $12,684 $12,684 $12,684 $12,684 263.5 Reduce funds by eliminating ten vacant law enforcement positions funded in HB990 (FY09G). State General Funds ($450,000) ($450,000) ($450,000) ($450,000) 263.6 Reduce funds due to outsourcing of License and Boat Registration Unit functions and the elimination of seven related positions. State General Funds ($269,107) ($269,107) ($269,107) ($269,107) 263.7 Reduce funds designated for vehicle purchases. State General Funds ($98,407) ($98,407) ($98,407) ($98,407) 263.8 Reduce funds by eliminating one vacant position from the Lake Burton cold-water hatchery. State General Funds ($47,896) ($47,896) ($47,896) ($47,896) 263.9 Reduce funds received in HB990 (FY09G) to construct a campground at the Berry College Wildlife Management Area. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 263.10 Reduce funds from the Bobwhite Quail Initiative and replace with receipts from license plate sales. State General Funds ($538,163) ($538,163) ($538,163) ($538,163) 263.11 Reduce funds due to closing select Wildlife Management Areas (WMAs) operated on federal lands and reductions in acres leased as a result of nearby state land acquisitions. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($391,403) ($587,105) ($978,508) ($391,403) ($587,105) ($978,508) ($391,403) ($587,105) ($978,508) ($391,403) ($587,105) ($978,508) 263.12 Reduce funds by eliminating ten vacant Conservation Ranger positions. State General Funds ($478,960) ($478,960) ($478,960) ($478,960) 263.13 Reduce funds from contracts. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 263.14 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 1034 JOURNAL OF THE SENATE 263.15 Reduce funds received in HB85 (FY06G) and eliminate the vacant deadhead logger position. State General Funds ($50,000) 263.16 Reduce funds and utilize existing funds to purchase communications equipment for law enforcement. State General Funds ($300,000) ($50,000) ($300,000) 263.100-Wildlife Resources Appropriation (HB 118) 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 $32,103,624 $32,008,713 $31,658,713 $31,658,713 State General Funds $32,103,624 $32,008,713 $31,658,713 $31,658,713 TOTAL FEDERAL FUNDS $16,705,981 $16,705,981 $16,705,981 $16,705,981 Federal Funds Not Itemized $16,705,981 $16,705,981 $16,705,981 $16,705,981 TOTAL AGENCY FUNDS $14,387,700 $14,387,700 $14,387,700 $14,387,700 Contributions, Donations, and Forfeitures $4,121,409 $4,121,409 $4,121,409 $4,121,409 Contributions, Donations, and Forfeitures Not Itemized $4,121,409 $4,121,409 $4,121,409 $4,121,409 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 $10,251,041 $10,251,041 $10,251,041 $10,251,041 Sales and Services Not Itemized $10,251,041 $10,251,041 $10,251,041 $10,251,041 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $100,000 $100,000 $100,000 $100,000 Agency Funds Transfers $100,000 $100,000 $100,000 $100,000 Agency Fund Transfers Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $63,297,305 $63,202,394 $62,852,394 $62,852,394 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 State General Funds TOTAL PUBLIC FUNDS $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 264.1 Defer the FY09 cost of living adjustment. THURSDAY, MARCH 5, 2009 1035 State General Funds ($25,535) ($25,535) ($25,535) ($25,535) 264.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($52,960) ($46,861) ($46,861) ($46,861) 264.3 Reduce funds from operations. State General Funds ($169,298) ($169,298) ($169,298) ($169,298) 264.4 Reduce funds received in HB990 (FY09G) to assist the Laurens County Agriculture and Exposition Center. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 264.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,297) ($15,297) ($15,297) 264.100-Payments to Georgia Agricultural Exposition Authority Appropriation (HB 118) 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 $1,529,714 $1,520,516 $1,520,516 $1,520,516 State General Funds $1,529,714 $1,520,516 $1,520,516 $1,520,516 TOTAL PUBLIC FUNDS $1,529,714 $1,520,516 $1,520,516 $1,520,516 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 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 265.1 Defer the FY09 cost of living adjustment. State General Funds ($8,168) ($8,168) ($8,168) ($8,168) 265.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) 1036 JOURNAL OF THE SENATE State General Funds ($68,543) ($73,592) ($73,592) ($73,592) 265.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,909 $3,909 $3,909 $3,909 265.4 Reduce funds from operations. State General Funds ($108,793) ($108,793) ($108,793) ($108,793) 265.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,426) ($9,426) ($9,426) 265.100-Payments to Georgia Agrirama Development Authority Appropriation (HB 118) 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 $942,581 $928,106 $928,106 $928,106 State General Funds $942,581 $928,106 $928,106 $928,106 TOTAL PUBLIC FUNDS $942,581 $928,106 $928,106 $928,106 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 State General Funds TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 266.1 Reduce funds from operations. State General Funds ($6,000) ($6,000) ($6,000) ($6,000) 266.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($940) ($940) ($940) 266.100-Payments to Lake Allatoona Preservation Authority Appropriation (HB 118) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. TOTAL STATE FUNDS $94,000 $93,060 $93,060 State General Funds $94,000 $93,060 $93,060 TOTAL PUBLIC FUNDS $94,000 $93,060 $93,060 $93,060 $93,060 $93,060 THURSDAY, MARCH 5, 2009 1037 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 State General Funds TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 267.1 Reduce funds from operations. State General Funds ($37,196) ($37,196) ($37,196) ($37,196) 267.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,348) ($3,348) ($3,348) 267.100-Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 118) 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 $334,768 $331,420 $331,420 $331,420 State General Funds $334,768 $331,420 $331,420 $331,420 TOTAL PUBLIC FUNDS $334,768 $331,420 $331,420 $331,420 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 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. 1038 JOURNAL OF THE SENATE Section 33: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $58,439,590 $58,439,590 $806,050 $806,050 $59,245,640 $58,439,590 $58,439,590 $806,050 $806,050 $59,245,640 $58,439,590 $58,439,590 $806,050 $806,050 $59,245,640 $58,439,590 $58,439,590 $806,050 $806,050 $59,245,640 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $51,477,719 $51,287,955 $51,477,719 $51,287,955 $806,050 $806,050 $806,050 $806,050 $52,283,769 $52,094,005 $51,287,955 $51,287,955 $806,050 $806,050 $52,094,005 $51,287,955 $51,287,955 $806,050 $806,050 $52,094,005 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 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 268.1 Defer the FY09 cost of living adjustment. State General Funds ($41,291) ($41,291) ($41,291) ($41,291) 268.2 Defer structure adjustments to the statewide salary plan. State General Funds ($199) ($199) ($199) ($199) 268.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($196,449) ($210,918) ($210,918) ($210,918) 268.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $105,491 $105,491 $105,491 $105,491 THURSDAY, MARCH 5, 2009 1039 268.5 Reduce funds by eliminating speakers at conferences, discontinuing special training courses, and employee participation in the Georgia Leadership Institute. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 268.6 Reduce funds from IT contracts for hardware/software maintenance and installation services. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 268.7 Reduce funds from operations. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 268.8 Reduce funds by consolidating Lotus Notes servers and reducing the number of IT licenses required. State General Funds ($16,841) ($16,841) ($16,841) ($16,841) 268.9 Reduce funds by eliminating one vacant position in Human Resources. State General Funds ($74,682) ($74,682) ($74,682) ($74,682) 268.10 Reduce funds by furloughing all employees for a total of two days. State General Funds ($23,645) ($23,645) ($23,645) ($23,645) 268.100-Board Administration Appropriation (HB 118) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,945,039 $5,930,570 $5,930,570 State General Funds $5,945,039 $5,930,570 $5,930,570 TOTAL PUBLIC FUNDS $5,945,039 $5,930,570 $5,930,570 $5,930,570 $5,930,570 $5,930,570 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 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 269.1 Defer the FY09 cost of living adjustment. State General Funds ($120,359) ($120,359) ($120,359) ($120,359) 269.2 Defer structure adjustments to the statewide salary plan. State General Funds ($581) ($581) ($581) ($581) 1040 JOURNAL OF THE SENATE 269.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($571,060) ($612,121) ($612,121) ($612,121) 269.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $26,128 $26,128 $26,128 $26,128 269.5 Reduce funds for parole officer training and through price reductions from vendors for wireless, basic services, long distance, voice mail, data circuits, and an overall reduction in the number of phone lines. State General Funds ($21,858) ($21,858) ($21,858) ($21,858) 269.6 Reduce funds by eliminating three vacant data transcriber positions and two positions in the Investigations division. State General Funds ($138,000) ($138,000) ($138,000) ($138,000) 269.7 Reduce funds from travel for four days of the Victim's Days program. State General Funds ($7,425) ($7,425) ($7,425) ($7,425) 269.8 Reduce funds by eliminating travel for the Visitor's Days program. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 269.9 Reduce funds by furloughing all employees for a total of two days. State General Funds ($73,275) ($73,275) ($73,275) ($73,275) 269.10 Reduce funds by eliminating funds for the reclassification of positions to support conversion of paper files for the Clemency Online Navigation System (CONS). State General Funds ($59,000) ($59,000) ($59,000) ($59,000) 269.11 Reduce funds by restructuring a position in legal services. State General Funds ($12,000) ($12,000) ($12,000) ($12,000) 269.100-Clemency Decisions Appropriation (HB 118) 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 $10,259,988 $10,218,927 $10,218,927 $10,218,927 State General Funds $10,259,988 $10,218,927 $10,218,927 $10,218,927 TOTAL PUBLIC FUNDS $10,259,988 $10,218,927 $10,218,927 $10,218,927 THURSDAY, MARCH 5, 2009 1041 Parole Supervision Continuation Budget The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $40,293,558 $40,293,558 $806,050 $806,050 $41,099,608 $40,293,558 $40,293,558 $806,050 $806,050 $41,099,608 $40,293,558 $40,293,558 $806,050 $806,050 $41,099,608 $40,293,558 $40,293,558 $806,050 $806,050 $41,099,608 270.1 Defer the FY09 cost of living adjustment. State General Funds ($385,064) ($385,064) ($385,064) ($385,064) 270.2 Defer structure adjustments to the statewide salary plan. State General Funds ($1,860) ($1,860) ($1,860) ($1,860) 270.3 Defer the special pay raise for parole officers, assistant chief parole officers, and chief/regional directors (manager II) to address retention and compression issues. State General Funds ($1,288,218) ($1,288,218) ($1,288,218) ($1,288,218) 270.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,799,504) ($1,932,046) ($1,932,046) ($1,932,046) 270.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $142,506 $142,506 $142,506 $142,506 270.6 Reduce funds to cover the registration and travel costs for the annual Parole Training Conference. State General Funds ($54,800) ($54,800) ($54,800) ($54,800) 270.7 Reduce funds through price reductions from vendors for wireless, basic services, long distance, voice mail, data circuits, and an overall reduction in the number of phone lines, and from equipment. State General Funds ($100,378) ($100,378) ($100,378) ($100,378) 270.8 Reduce funds from the Command College by utilizing asset forfeiture funds. State General Funds ($9,150) ($9,150) ($9,150) ($9,150) 270.9 Reduce funds from parolee health services. 1042 JOURNAL OF THE SENATE State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 270.10 Reduce funds by furloughing all employees for a total of two days. State General Funds ($221,930) ($221,930) ($221,930) ($221,930) 270.11 Reduce funds from town hall events that solicit partnerships and resources from the faith based community to assist with offender reentry and successful reintegration. State General Funds ($8,400) ($8,400) ($8,400) ($8,400) 270.12 Reduce funds by eliminating twenty vacant parole officer positions. State General Funds ($884,321) ($884,321) ($884,321) ($884,321) 270.13 Reduce funds from the Atlanta Parole Reporting Center by reducing operations. State General Funds ($92,415) ($92,415) ($92,415) ($92,415) 270.14 Eliminate funds for the Residential Substance Abuse Treatment program. State General Funds ($721,000) ($721,000) ($721,000) ($721,000) 270.100-Parole Supervision Appropriation (HB 118) The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $34,849,024 $34,716,482 $34,716,482 $34,716,482 State General Funds $34,849,024 $34,716,482 $34,716,482 $34,716,482 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $35,655,074 $35,522,532 $35,522,532 $35,522,532 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 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 271.1 Defer the FY09 cost of living adjustment. State General Funds ($5,110) ($5,110) ($5,110) ($5,110) THURSDAY, MARCH 5, 2009 1043 271.2 Defer structure adjustments to the statewide salary plan. State General Funds ($25) ($25) ($25) ($25) 271.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($22,975) ($24,667) ($24,667) ($24,667) 271.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,986 $2,986 $2,986 $2,986 271.5 Reduce funds by furloughing all employees for a total of two days. State General Funds ($2,782) ($2,782) ($2,782) ($2,782) 271.6 Reduce funds from Victim's Day by restricting/limiting travel. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 271.7 Reduce funds from victim services contracts used to hire additional staff. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 271.8 Reduce funds by eliminating one business operations position. State General Funds ($45,385) ($45,385) ($45,385) ($45,385) 271.100-Victim Services Appropriation (HB 118) 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 $423,668 $421,976 $421,976 $421,976 State General Funds $423,668 $421,976 $421,976 $421,976 TOTAL PUBLIC FUNDS $423,668 $421,976 $421,976 $421,976 Section 34: Properties Commission, State TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 1044 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $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 Rental Payments TOTAL PUBLIC FUNDS $0 $0 $417,295 $417,295 $417,295 $417,295 $0 $0 $417,295 $417,295 $417,295 $417,295 $0 $0 $417,295 $417,295 $417,295 $417,295 $0 $0 $417,295 $417,295 $417,295 $417,295 272.100 -Leasing Appropriation (HB 118) 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 State Funds Transfers Rental Payments TOTAL PUBLIC FUNDS $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $417,295 $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 $0 $0 $620,444 $620,444 $620,444 $620,444 $0 $0 $620,444 $620,444 $620,444 $620,444 $0 $0 $620,444 $620,444 $620,444 $620,444 $0 $0 $620,444 $620,444 $620,444 $620,444 THURSDAY, MARCH 5, 2009 1045 273.100-Properties Commission, State Appropriation (HB 118) 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 $620,444 $620,444 $620,444 $620,444 State Funds Transfers $620,444 $620,444 $620,444 $620,444 Rental Payments $620,444 $620,444 $620,444 $620,444 TOTAL PUBLIC FUNDS $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 $0 $0 $0 $0 $0 $0 $0 $0 504.1 Reduce funds by closing the Capitol Education Center, and realize savings through a reduction in utilities and the elimination of one position (Total Funds: $111,579). Rental Payments $0 $0 $0 $0 504.2 Reduce funds by furloughing staff with salaries greater than $40,000 for ten days (Total Funds: $217,606). (S:Reflect agency intent to achieve savings by additional reductions in operating expenses) Rental Payments $0 $0 $0 $0 504.3 Reduce funds designated for the Capitol Hill security contract due to staffing optimization, building closures, and a reduction in equipment purchases (Total Funds: $750,387). Rental Payments $0 $0 $0 $0 504.4 Reduce funds designated for central energy plant usage and utility costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities (Total Funds: $815,704). Rental Payments $0 $0 $0 $0 504.5 Reduce funds from contracts for temporary labor, in access control systems, and other miscellaneous contracts (Total Funds: $208,277). Rental Payments $0 $0 $0 $0 504.6 Reduce funds designated for custodial contracts through the elimination of two cleaning days per week in state buildings, and transfer cleaning services at specific facilities to GBA staff (Total Funds: $749,445). Rental Payments $0 $0 $0 $0 1046 JOURNAL OF THE SENATE 504.7 Reduce funds from operations (Total Funds: $161,494). (S:Reflect agency intent to reduce by $379,100) Rental Payments $0 $0 $0 $0 504.8 Utilize savings for security access and control capital projects (Total Funds: $3,014,492). Rental Payments $0 $0 $0 $0 Section 35: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Continuation $40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957 $40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957 $40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957 $40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Final $35,844,753 $35,351,821 $35,844,753 $35,351,821 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $37,544,753 $37,051,821 $35,410,269 $35,410,269 $1,700,000 $1,700,000 $37,110,269 $34,410,269 $34,410,269 $1,700,000 $1,700,000 $36,110,269 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 TOTAL PUBLIC FUNDS $7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568 $7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568 $7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568 $7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568 274.1 Defer the FY09 cost of living adjustment. State General Funds ($75,437) ($75,437) ($75,437) ($75,437) 274.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits THURSDAY, MARCH 5, 2009 1047 (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($182,589) ($196,037) ($196,037) ($196,037) 274.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,373 $1,373 $1,373 $1,373 274.4 Reduce funds by freezing vacant positions and re-organizing positions throughout the agency. State General Funds ($304,996) ($304,996) ($304,996) ($304,996) 274.5 Reduce funds from operations. State General Funds ($400,820) ($400,820) ($400,820) ($400,820) 274.6 Reduce funds from training except for three mandatory training classes for public defenders. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 274.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($50,000) ($50,000) ($50,000) 274.100-Public Defender Standards Council Appropriation (HB 118) 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 $5,994,099 $5,930,651 $5,930,651 $5,930,651 State General Funds $5,994,099 $5,930,651 $5,930,651 $5,930,651 TOTAL AGENCY FUNDS $1,700,000 $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income $1,700,000 $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income Not Itemized $1,700,000 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $7,694,099 $7,630,651 $7,630,651 $7,630,651 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 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 1048 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $33,283,389 $33,283,389 $33,283,389 $33,283,389 275.1 Defer the FY09 cost of living adjustment. State General Funds ($342,099) ($342,099) ($342,099) ($342,099) 275.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,643,298) ($1,764,334) ($1,764,334) ($1,764,334) 275.3 Reduce funds from the six circuits that opt-out of the statewide public defender system by only funding the minimum amount per position and reducing payments by 6%. State General Funds ($211,266) ($211,266) ($211,266) ($211,266) 275.4 Reduce funds by freezing vacant positions. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 275.5 Reduce funds from Circuit Offices. State General Funds ($682,750) ($682,750) ($682,750) ($682,750) 275.6 Reduce funds by freezing two positions in the conflict offices. State General Funds ($127,822) ($127,822) ($127,822) ($127,822) 275.7 Reduce funds by consolidating four conflict offices into circuit offices. State General Funds ($115,500) ($115,500) ($115,500) ($115,500) 275.8 Reduce funds from contracts in the Appellate Division based on anticipated demand. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 275.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($308,448) $0 $0 275.10 Reduce funds received in HB990 (FY09G) for conflict cases to reflect the actual number of pending conflict cases. State General Funds ($1,250,000) ($1,250,000) 275.11 Increase funds to offset delayed local billings. State General Funds $1,000,000 $0 275.99 SAC: 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 THURSDAY, MARCH 5, 2009 1049 chapter; provided that staffing for circuits are based on O.C.G.A. 17-12. House: 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 O.C.G.A. 17-12-2. Gov Rev: 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 O.C.G.A. 17-12-2. Governor: 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 O.C.G.A. 17-12-2. State General Funds $0 $0 $0 $0 275.100-Public Defenders Appropriation (HB 118) 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 $29,850,654 $29,421,170 $29,479,618 $28,479,618 State General Funds $29,850,654 $29,421,170 $29,479,618 $28,479,618 TOTAL PUBLIC FUNDS $29,850,654 $29,421,170 $29,479,618 $28,479,618 Section 36: Public Safety, 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $135,260,351 $135,260,351 $28,604,501 $28,604,501 $17,610,178 $7,503,871 $707,000 $9,199,307 $200,000 $1,017,000 $135,260,351 $135,260,351 $28,604,501 $28,604,501 $17,610,178 $7,503,871 $707,000 $9,199,307 $200,000 $1,017,000 $135,260,351 $135,260,351 $28,604,501 $28,604,501 $17,610,178 $7,503,871 $707,000 $9,199,307 $200,000 $1,017,000 $135,260,351 $135,260,351 $28,604,501 $28,604,501 $17,610,178 $7,503,871 $707,000 $9,199,307 $200,000 $1,017,000 1050 JOURNAL OF THE SENATE State Funds Transfers TOTAL PUBLIC FUNDS $1,017,000 $1,017,000 $1,017,000 $1,017,000 $182,492,030 $182,492,030 $182,492,030 $182,492,030 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 Section Total - Final $117,880,895 $117,299,650 $117,880,895 $117,299,650 $28,604,501 $28,604,501 $28,604,501 $28,604,501 $17,610,178 $17,610,178 $7,503,871 $7,503,871 $707,000 $707,000 $9,199,307 $9,199,307 $200,000 $200,000 $1,017,000 $1,017,000 $1,017,000 $1,017,000 $165,112,574 $164,531,329 $117,299,650 $117,299,650 $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 $164,531,329 $117,299,650 $117,299,650 $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 $164,531,329 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $2,843,588 $2,843,588 $200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588 $2,843,588 $2,843,588 $200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588 $2,843,588 $2,843,588 $200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588 $2,843,588 $2,843,588 $200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588 276.1 Defer the FY09 cost of living adjustment. State General Funds ($19,149) ($19,149) ($19,149) ($19,149) 276.2 Defer structure adjustments to the statewide salary plan. State General Funds ($121) ($121) ($121) ($121) THURSDAY, MARCH 5, 2009 1051 276.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($93,906) ($100,823) ($100,823) ($100,823) 276.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $10,919 $10,919 $10,919 $10,919 276.100 -Aviation Appropriation (HB 118) 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 $2,741,331 $2,734,414 $2,734,414 $2,734,414 State General Funds $2,741,331 $2,734,414 $2,734,414 $2,734,414 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $370,000 $370,000 $370,000 $370,000 Rebates, Refunds, and Reimbursements $370,000 $370,000 $370,000 $370,000 Rebates, Refunds, and Reimbursements Not Itemized $370,000 $370,000 $370,000 $370,000 TOTAL PUBLIC FUNDS $3,311,331 $3,304,414 $3,304,414 $3,304,414 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 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871 277.100-Capitol Police Services Appropriation (HB 118) 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 $7,503,871 1052 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $7,503,871 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $9,023,817 $9,023,817 $15,571 $15,571 $9,039,388 $9,023,817 $9,023,817 $15,571 $15,571 $9,039,388 $9,023,817 $9,023,817 $15,571 $15,571 $9,039,388 $9,023,817 $9,023,817 $15,571 $15,571 $9,039,388 278.1 Defer the FY09 cost of living adjustment. State General Funds ($84,536) ($84,536) ($84,536) ($84,536) 278.2 Defer structure adjustments to the statewide salary plan. State General Funds ($535) ($535) ($535) ($535) 278.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($414,564) ($445,098) ($445,098) ($445,098) 278.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $24,148 $24,148 $24,148 $24,148 278.5 Reduce funds by assigning five security officers to vacant positions in the Capitol Police program. State General Funds ($147,630) ($147,630) ($147,630) ($147,630) 278.6 Reduce funds and defer filling three vacant administrative positions. State General Funds ($148,011) ($148,011) ($148,011) ($148,011) 278.100-Departmental Administration Appropriation (HB 118) 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, MARCH 5, 2009 1053 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,252,689 $8,252,689 $15,571 $15,571 $8,268,260 $8,222,155 $8,222,155 $15,571 $15,571 $8,237,726 $8,222,155 $8,222,155 $15,571 $15,571 $8,237,726 $8,222,155 $8,222,155 $15,571 $15,571 $8,237,726 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 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 279.1 Defer the FY09 cost of living adjustment. State General Funds ($17,435) ($17,435) ($17,435) ($17,435) 279.2 Defer structure adjustments to the statewide salary plan. State General Funds ($111) ($111) ($111) ($111) 279.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($85,504) ($91,802) ($91,802) ($91,802) 279.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $966 $966 $966 $966 279.100-Executive Security Services Appropriation (HB 118) 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 $1,408,941 $1,402,643 $1,402,643 $1,402,643 State General Funds $1,408,941 $1,402,643 $1,402,643 $1,402,643 TOTAL PUBLIC FUNDS $1,408,941 $1,402,643 $1,402,643 $1,402,643 1054 JOURNAL OF THE SENATE Field Offices and Services Continuation Budget 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 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $90,670,897 $90,670,897 $3,118,316 $3,118,316 $1,252,400 $337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613 $90,670,897 $90,670,897 $3,118,316 $3,118,316 $1,252,400 $337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613 $90,670,897 $90,670,897 $3,118,316 $3,118,316 $1,252,400 $337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613 $90,670,897 $90,670,897 $3,118,316 $3,118,316 $1,252,400 $337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613 280.1 Defer the FY09 cost of living adjustment. State General Funds ($732,604) ($732,604) ($732,604) ($732,604) 280.2 Defer structure adjustments to the statewide salary plan. State General Funds ($4,639) ($4,639) ($4,639) ($4,639) 280.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($3,592,688) ($3,857,305) ($3,857,305) ($3,857,305) 280.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $131,561 $131,561 $131,561 $131,561 280.5 Reduce funds and defer the purchase of replacement vehicles. State General Funds ($554,986) ($554,986) ($554,986) ($554,986) 280.6 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel for nonessential training, and changing the uniform replacement policy. State General Funds ($1,338,246) ($1,338,246) ($1,338,246) ($1,338,246) THURSDAY, MARCH 5, 2009 1055 280.7 Reduce funds from the private security contract and by assigning twenty-two troopers to vacant sworn positions in the Capitol Police to be funded with Georgia Building Authority rental revenue. State General Funds ($891,336) ($891,336) ($891,336) ($891,336) 280.8 Reduce funds by utilizing forty troopers in the Motor Carrier Compliance Division (MCCD) to provide increased commercial vehicle speed and compliance enforcement. State General Funds ($1,728,359) ($1,728,359) ($1,728,359) ($1,728,359) 280.9 Reduce funds from the 86th Trooper School due to the attrition of thirty-three cadets. State General Funds ($2,629,011) ($2,629,011) ($2,629,011) ($2,629,011) 280.10 Reduce funds by temporarily freezing trooper promotions resulting from attrition among officer ranks of Corporal through Captain. State General Funds ($89,605) ($89,605) ($89,605) ($89,605) 280.11 Reduce funds by implementing consolidated communication centers through the use of computer-aided dispatch technology. State General Funds ($443,000) ($443,000) ($443,000) ($443,000) 280.12 Reduce funds associated with ten additional troopers assigned to the Atlanta Motorcycle Unit and fund with citation revenue. State General Funds ($65,000) ($65,000) ($65,000) ($65,000) 280.13 Reduce funds from vacant trooper positions. State General Funds ($532,489) ($532,489) ($532,489) ($532,489) 280.100-Field Offices and Services Appropriation (HB 118) 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 $78,200,495 $77,935,878 $77,935,878 $77,935,878 State General Funds $78,200,495 $77,935,878 $77,935,878 $77,935,878 TOTAL FEDERAL FUNDS $3,118,316 $3,118,316 $3,118,316 $3,118,316 Federal Funds Not Itemized $3,118,316 $3,118,316 $3,118,316 $3,118,316 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 $1,252,400 Rebates, Refunds, and Reimbursements $337,000 $337,000 $337,000 $337,000 Rebates, Refunds, and Reimbursements Not Itemized $337,000 $337,000 $337,000 $337,000 Sales and Services $715,400 $715,400 $715,400 $715,400 Sales and Services Not Itemized $715,400 $715,400 $715,400 $715,400 Sanctions, Fines, and Penalties $200,000 $200,000 $200,000 $200,000 1056 JOURNAL OF THE SENATE Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $200,000 $82,571,211 $200,000 $82,306,594 $200,000 $82,306,594 $200,000 $82,306,594 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 $8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293 $8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293 $8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293 $8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293 281.1 Defer the FY09 cost of living adjustment. State General Funds ($143,942) ($143,942) ($143,942) ($143,942) 281.2 Defer structure adjustments to the statewide salary plan. State General Funds ($911) ($911) ($911) ($911) 281.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($705,889) ($757,881) ($757,881) ($757,881) 281.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $24,180 $24,180 $24,180 $24,180 281.5 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel for nonessential training, and changing the uniform replacement policy. State General Funds ($488,044) ($488,044) ($488,044) ($488,044) 281.100-Motor Carrier Compliance Appropriation (HB 118) 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. THURSDAY, MARCH 5, 2009 1057 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 $6,964,317 $6,964,317 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $20,024,687 $6,912,325 $6,912,325 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $19,972,695 $6,912,325 $6,912,325 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $19,972,695 $6,912,325 $6,912,325 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $19,972,695 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 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 282.1 Defer the FY09 cost of living adjustment. State General Funds ($29,122) ($29,122) ($29,122) ($29,122) 282.2 Defer structure adjustments to the statewide salary plan. State General Funds ($184) ($184) ($184) ($184) 282.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($142,813) ($153,331) ($153,331) ($153,331) 282.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $966 $966 $966 $966 282.100-Specialized Collision Reconstruction Team Appropriation (HB 118) 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 $2,935,601 $2,925,083 $2,925,083 $2,925,083 1058 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $2,935,601 $2,935,601 $2,925,083 $2,925,083 $2,925,083 $2,925,083 $2,925,083 $2,925,083 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 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 283.1 Defer the FY09 cost of living adjustment. State General Funds ($29,482) ($29,482) ($29,482) ($29,482) 283.2 Defer structure adjustments to the statewide salary plan. State General Funds ($187) ($187) ($187) ($187) 283.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($144,581) ($155,230) ($155,230) ($155,230) 283.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $724 $724 $724 $724 283.5 Reduce funds and defer filling three vacant administrative positions. State General Funds ($71,946) ($71,946) ($71,946) ($71,946) 283.100-Troop J Specialty Units Appropriation (HB 118) 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 $2,349,635 $2,338,986 $2,338,986 $2,338,986 State General Funds $2,349,635 $2,338,986 $2,338,986 $2,338,986 TOTAL PUBLIC FUNDS $2,349,635 $2,338,986 $2,338,986 $2,338,986 THURSDAY, MARCH 5, 2009 1059 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 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 284.1 Defer the FY09 cost of living adjustment. State General Funds ($7,728) ($7,728) ($7,728) ($7,728) 284.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($37,083) ($39,814) ($39,814) ($39,814) 284.3 Reduce funds from per diem and fees for instructors. State General Funds ($65,571) ($65,571) ($65,571) ($65,571) 284.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,468) ($7,468) ($7,468) 284.100-Firefighter Standards and Training Council, Georgia Appropriation (HB 118) 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 $746,774 $736,575 $736,575 $736,575 State General Funds $746,774 $736,575 $736,575 $736,575 TOTAL PUBLIC FUNDS $746,774 $736,575 $736,575 $736,575 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 $623,503 $623,503 $623,503 $623,503 $623,503 $623,503 $623,503 $623,503 1060 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $17,233,729 $17,233,729 $17,857,232 $17,233,729 $17,233,729 $17,857,232 $17,233,729 $17,233,729 $17,857,232 $17,233,729 $17,233,729 $17,857,232 285.1 Defer the FY09 cost of living adjustment. State General Funds ($2,009) ($2,009) ($2,009) ($2,009) 285.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($20,649) ($22,170) ($22,170) ($22,170) 285.3 Defer filling one vacant administration manager position. State General Funds ($61,587) ($61,587) ($61,587) ($61,587) 285.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,391) ($5,391) ($5,391) 285.100-Highway Safety, Office of Appropriation (HB 118) 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 $539,258 $532,346 $532,346 $532,346 State General Funds $539,258 $532,346 $532,346 $532,346 TOTAL FEDERAL FUNDS $17,233,729 $17,233,729 $17,233,729 $17,233,729 Federal Funds Not Itemized $17,233,729 $17,233,729 $17,233,729 $17,233,729 TOTAL PUBLIC FUNDS $17,772,987 $17,766,075 $17,766,075 $17,766,075 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 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 THURSDAY, MARCH 5, 2009 1061 286.1 Defer the FY09 cost of living adjustment. State General Funds ($19,369) ($19,369) ($19,369) ($19,369) 286.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($92,616) ($99,437) ($99,437) ($99,437) 286.3 Reduce funds from operations and utilize funds in the revenue account to offset these reductions. State General Funds ($69,244) ($69,244) ($69,244) ($69,244) 286.4 Reduce funds by eliminating one vacant audit position. State General Funds ($38,475) ($38,475) ($38,475) ($38,475) 286.5 Reduce funds through attrition. State General Funds ($28,812) ($28,812) ($28,812) ($28,812) 286.6 Reduce funds from the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police contracts. State General Funds ($110,027) ($110,027) ($110,027) ($110,027) 286.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($25,516) ($25,516) ($25,516) 286.100-Peace Officer Standards and Training Council, Georgia Appropriation (HB 118) 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 $2,551,603 $2,519,266 $2,519,266 $2,519,266 State General Funds $2,551,603 $2,519,266 $2,519,266 $2,519,266 TOTAL PUBLIC FUNDS $2,551,603 $2,519,266 $2,519,266 $2,519,266 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 $12,839,435 $12,839,435 $12,839,435 $12,839,435 1062 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857 287.1 Defer the FY09 cost of living adjustment. State General Funds ($101,284) ($101,284) ($101,284) ($101,284) 287.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,353) ($2,353) ($2,353) ($2,353) 287.3 Defer salary adjustments for critical jobs. State General Funds ($59,702) ($59,702) ($59,702) ($59,702) 287.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($520,935) ($559,304) ($559,304) ($559,304) 287.5 Reduce funds from operations. State General Funds ($391,286) ($391,286) ($391,286) ($391,286) 287.6 Reduce funds from food services due to the cancellation of classes for state agencies. State General Funds ($314,704) ($314,704) ($314,704) ($314,704) 287.7 Reduce funds from the Association of Fire Chiefs contract. State General Funds ($8,500) ($8,500) ($8,500) ($8,500) 287.8 Reduce funds from the Fire Academy due to a reduction in per diem available for instructors. State General Funds ($14,870) ($14,870) ($14,870) ($14,870) 287.9 Reduce funds by postponing the availability of public safety diver and smoke diver specialty courses. State General Funds ($12,820) ($12,820) ($12,820) ($12,820) THURSDAY, MARCH 5, 2009 1063 287.10 Reduce funds by discontinuing free meals for state agencies receiving training. State General Funds ($141,144) ($141,144) ($141,144) 287.11 Reduce funds from contracts with the Fulton, Clayton, and North Central Regional Police Academies. State General Funds ($81,586) ($81,586) ($81,586) 287.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($111,903) ($111,903) ($141,144) ($81,586) ($111,903) 287.100-Public Safety Training Center, Georgia Appropriation (HB 118) 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 $11,190,251 $11,039,979 $11,039,979 $11,039,979 State General Funds $11,190,251 $11,039,979 $11,039,979 $11,039,979 TOTAL FEDERAL FUNDS $1,486,742 $1,486,742 $1,486,742 $1,486,742 Federal Funds Not Itemized $1,486,742 $1,486,742 $1,486,742 $1,486,742 TOTAL AGENCY FUNDS $1,973,680 $1,973,680 $1,973,680 $1,973,680 Sales and Services $1,973,680 $1,973,680 $1,973,680 $1,973,680 Sales and Services Not Itemized $1,973,680 $1,973,680 $1,973,680 $1,973,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,017,000 $1,017,000 $1,017,000 $1,017,000 State Funds Transfers $1,017,000 $1,017,000 $1,017,000 $1,017,000 Agency to Agency Contracts $1,017,000 $1,017,000 $1,017,000 $1,017,000 TOTAL PUBLIC FUNDS $15,667,673 $15,517,401 $15,517,401 $15,517,401 Section 37: Public Service Commission 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 $10,348,009 $10,348,009 $600,000 $600,000 $70,000 $70,000 $11,018,009 $10,348,009 $10,348,009 $600,000 $600,000 $70,000 $70,000 $11,018,009 $10,348,009 $10,348,009 $600,000 $600,000 $70,000 $70,000 $11,018,009 $10,348,009 $10,348,009 $600,000 $600,000 $70,000 $70,000 $11,018,009 1064 JOURNAL OF THE SENATE 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 $9,060,890 $8,936,071 $9,060,890 $8,936,071 $600,000 $600,000 $600,000 $600,000 $70,000 $70,000 $70,000 $70,000 $9,730,890 $9,606,071 $8,926,071 $8,926,071 $600,000 $600,000 $70,000 $70,000 $9,596,071 $8,926,071 $8,926,071 $600,000 $600,000 $70,000 $70,000 $9,596,071 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,282,864 $1,282,864 $70,000 $70,000 $70,000 $1,352,864 $1,282,864 $1,282,864 $70,000 $70,000 $70,000 $1,352,864 $1,282,864 $1,282,864 $70,000 $70,000 $70,000 $1,352,864 $1,282,864 $1,282,864 $70,000 $70,000 $70,000 $1,352,864 288.1 Defer the FY09 cost of living adjustment. State General Funds ($13,167) ($13,167) ($13,167) ($13,167) 288.2 Defer structure adjustments to the statewide salary plan. State General Funds ($615) ($615) ($615) ($615) 288.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($62,703) ($67,321) ($67,321) ($67,321) 288.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,950 $1,950 $1,950 $1,950 288.100-Commission Administration Appropriation (HB 118) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. THURSDAY, MARCH 5, 2009 1065 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,208,329 $1,208,329 $70,000 $70,000 $70,000 $1,278,329 $1,203,711 $1,203,711 $70,000 $70,000 $70,000 $1,273,711 $1,203,711 $1,203,711 $70,000 $70,000 $70,000 $1,273,711 $1,203,711 $1,203,711 $70,000 $70,000 $70,000 $1,273,711 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 $867,604 $867,604 $600,000 $600,000 $1,467,604 $867,604 $867,604 $600,000 $600,000 $1,467,604 $867,604 $867,604 $600,000 $600,000 $1,467,604 $867,604 $867,604 $600,000 $600,000 $1,467,604 289.1 Defer the FY09 cost of living adjustment. State General Funds ($8,541) ($8,541) ($8,541) ($8,541) 289.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($60,846) ($65,327) ($65,327) ($65,327) 289.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,607 $1,607 $1,607 $1,607 289.4 Reduce funds from costs for Georgia Utility Facility Protection Act (GUFPA) enforcement cases to reflect projected expenditures. State General Funds ($10,000) ($10,000) 289.100-Facility Protection Appropriation (HB 118) The purpose of this appropriation is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. 1066 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $799,824 $799,824 $600,000 $600,000 $1,399,824 $795,343 $795,343 $600,000 $600,000 $1,395,343 $785,343 $785,343 $600,000 $600,000 $1,385,343 $785,343 $785,343 $600,000 $600,000 $1,385,343 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 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 290.1 Defer the FY09 cost of living adjustment. State General Funds ($77,195) ($77,195) ($77,195) ($77,195) 290.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($340,923) ($366,034) ($366,034) ($366,034) 290.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $6,006 $6,006 $6,006 $6,006 290.4 Reduce funds from operations for regional and national collaborative and conference participation, obsolete equipment replacement, and through efficiency measures. State General Funds ($226,692) ($226,692) ($226,692) ($226,692) 290.5 Reduce funds from vacant, co-op, and temporary positions. State General Funds ($306,000) ($306,000) ($306,000) ($306,000) 290.6 Reduce funds from subject matter experts for rate cases. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 290.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($90,609) ($90,609) ($90,609) THURSDAY, MARCH 5, 2009 1067 290.100-Utilities Regulation Appropriation (HB 118) The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $7,052,737 $6,937,017 $6,937,017 State General Funds $7,052,737 $6,937,017 $6,937,017 TOTAL PUBLIC FUNDS $7,052,737 $6,937,017 $6,937,017 $6,937,017 $6,937,017 $6,937,017 Section 38: 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 Section Total - Continuation $2,300,517,851 $2,278,680,052 $21,837,799 $3,133,078,721 $3,625,810 $1,692,492,806 $85,607,963 $1,351,352,142 $5,433,596,572 $2,300,517,851 $2,278,680,052 $21,837,799 $3,133,078,721 $3,625,810 $1,692,492,806 $85,607,963 $1,351,352,142 $5,433,596,572 $2,300,517,851 $2,278,680,052 $21,837,799 $3,133,078,721 $3,625,810 $1,692,492,806 $85,607,963 $1,351,352,142 $5,433,596,572 $2,300,517,851 $2,278,680,052 $21,837,799 $3,133,078,721 $3,625,810 $1,692,492,806 $85,607,963 $1,351,352,142 $5,433,596,572 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 Section Total - Final $2,081,159,927 $2,060,429,099 $2,064,954,461 $2,044,223,633 $16,205,466 $16,205,466 $3,133,126,388 $3,133,126,388 $3,625,810 $3,625,810 $1,692,492,806 $1,692,492,806 $85,655,630 $85,655,630 $1,351,352,142 $1,351,352,142 $5,214,286,315 $5,193,555,487 $2,061,938,923 $2,045,733,457 $16,205,466 $3,133,126,388 $3,625,810 $1,692,492,806 $85,655,630 $1,351,352,142 $5,195,065,311 $2,063,119,232 $2,046,913,766 $16,205,466 $3,133,126,388 $3,625,810 $1,692,492,806 $85,655,630 $1,351,352,142 $5,196,245,620 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. 1068 JOURNAL OF THE SENATE 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 $17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736 $17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736 $17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736 $17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736 291.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($35,278) ($35,278) ($35,278) ($35,278) 291.2 Reduce funds by eliminating three filled positions. State General Funds ($239,138) ($239,138) ($239,138) ($239,138) 291.3 Reduce funds by eliminating five vacant positions. State General Funds ($325,346) ($325,346) ($325,346) ($325,346) 291.4 Reduce funds from operations. State General Funds ($524,766) ($524,766) ($524,766) ($524,766) 291.5 Reduce funds from the Seed Capital Fund. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) ($5,000,000) 291.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($117,672) ($117,672) ($117,672) 291.100-Advanced Technology Development Center/Economic Development Institute Appropriation (HB 118) 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 $11,767,208 $11,649,536 $11,649,536 $11,649,536 State General Funds $11,767,208 $11,649,536 $11,649,536 $11,649,536 TOTAL AGENCY FUNDS $12,975,000 $12,975,000 $12,975,000 $12,975,000 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 THURSDAY, MARCH 5, 2009 1069 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,100,000 $5,100,000 $24,742,208 $5,100,000 $5,100,000 $24,624,536 $5,100,000 $5,100,000 $24,624,536 $5,100,000 $5,100,000 $24,624,536 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 $45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877 $45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877 $45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877 $45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877 292.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($210,114) ($210,114) ($210,114) ($210,114) 292.2 Reduce funds by eliminating forty-one vacant positions. State General Funds ($2,580,435) ($2,580,435) ($2,580,435) ($2,580,435) 292.3 Reduce funds from operations. State General Funds ($339,242) ($339,242) ($339,242) ($339,242) 292.4 Reduce funds received in HB990 (FY09G) for maintenance and operations (M&O). State General Funds ($700,000) ($700,000) ($700,000) ($700,000) 292.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($414,162) ($414,162) ($414,162) 292.100-Agricultural Experiment Station Appropriation (HB 118) The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competiveness. 1070 JOURNAL OF THE SENATE 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 $41,416,167 $41,416,167 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $78,969,086 $41,002,005 $41,002,005 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $78,554,924 $41,002,005 $41,002,005 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $78,554,924 $41,002,005 $41,002,005 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $78,554,924 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 $32,323 $32,323 $32,323 $32,323 State General Funds $32,323 $32,323 $32,323 $32,323 TOTAL AGENCY FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,976,845 $4,976,845 $4,976,845 $4,976,845 293.100-Athens and Tifton Veterinary Laboratories Appropriation (HB 118) 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 $32,323 $32,323 $32,323 $32,323 State General Funds $32,323 $32,323 $32,323 $32,323 TOTAL AGENCY FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,976,845 $4,976,845 $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. THURSDAY, MARCH 5, 2009 1071 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 $37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $62,919,325 $37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $62,919,325 $37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $62,919,325 $37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $62,919,325 294.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($250,268) ($250,268) ($250,268) ($250,268) 294.2 Reduce funds by eliminating fifty vacant positions. State General Funds ($1,823,239) ($1,823,239) ($1,823,239) ($1,823,239) 294.3 Reduce funds by filling critical positions at the minimum salary level. State General Funds ($351,000) ($351,000) ($351,000) ($351,000) 294.4 Reduce funds from operations. State General Funds ($197,000) ($197,000) ($197,000) ($197,000) 294.5 Reduce funds received in HB990 (FY09G) for maintenance and operations (M&O). State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 294.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($349,139) ($349,139) ($349,139) 294.100-Cooperative Extension Service Appropriation (HB 118) 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 $34,913,889 $34,564,750 $34,564,750 $34,564,750 State General Funds $34,913,889 $34,564,750 $34,564,750 $34,564,750 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $20,546,243 $20,546,243 $20,546,243 $20,546,243 1072 JOURNAL OF THE SENATE 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 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $59,997,818 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $59,648,679 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $59,648,679 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $59,648,679 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 $715,890 $715,890 $400,000 $375,988 $375,988 $24,012 $24,012 $1,115,890 $715,890 $715,890 $400,000 $375,988 $375,988 $24,012 $24,012 $1,115,890 $715,890 $715,890 $400,000 $375,988 $375,988 $24,012 $24,012 $1,115,890 $715,890 $715,890 $400,000 $375,988 $375,988 $24,012 $24,012 $1,115,890 295.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($3,890) ($3,890) ($3,890) ($3,890) 295.2 Reduce funds by eliminating one vacant position. State General Funds ($65,811) ($65,811) ($65,811) ($65,811) 295.3 Reduce funds from outreach activities and operations. State General Funds ($5,778) ($5,778) ($5,778) ($5,778) 295.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($6,404) ($6,404) ($6,404) 295.100-Forestry Cooperative Extension Appropriation (HB 118) 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. THURSDAY, MARCH 5, 2009 1073 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 $640,411 $640,411 $400,000 $375,988 $375,988 $24,012 $24,012 $1,040,411 $634,007 $634,007 $400,000 $375,988 $375,988 $24,012 $24,012 $1,034,007 $634,007 $634,007 $400,000 $375,988 $375,988 $24,012 $24,012 $1,034,007 $634,007 $634,007 $400,000 $375,988 $375,988 $24,012 $24,012 $1,034,007 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 $3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426 $550,000 $550,000 $7,361,406 $3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426 $550,000 $550,000 $7,361,406 $3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426 $550,000 $550,000 $7,361,406 $3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426 $550,000 $550,000 $7,361,406 296.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($18,504) ($18,504) ($18,504) ($18,504) 296.2 Reduce funds by eliminating three vacant positions. State General Funds ($159,696) ($159,696) ($159,696) ($159,696) 296.3 Reduce funds from operations. State General Funds ($123,520) ($123,520) ($123,520) ($123,520) 296.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($31,093) ($31,093) ($31,093) 1074 JOURNAL OF THE SENATE 296.100-Forestry Research Appropriation (HB 118) 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 $3,109,260 $3,078,167 $3,078,167 $3,078,167 State General Funds $3,109,260 $3,078,167 $3,078,167 $3,078,167 TOTAL AGENCY FUNDS $3,950,426 $3,950,426 $3,950,426 $3,950,426 Intergovernmental Transfers $3,400,426 $3,400,426 $3,400,426 $3,400,426 Intergovernmental Transfers Not Itemized $3,400,426 $3,400,426 $3,400,426 $3,400,426 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 $7,059,686 $7,028,593 $7,028,593 $7,028,593 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 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 297.100-Georgia Eminent Scholars Endowment Trust Fund Appropriation (HB 118) 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 $1,500,000 $1,500,000 $1,500,000 $1,500,000 State General Funds $1,500,000 $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $1,500,000 $1,500,000 $1,500,000 $1,500,000 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 $0 $0 $3,625,810 $0 $0 $3,625,810 $0 $0 $3,625,810 $0 $0 $3,625,810 THURSDAY, MARCH 5, 2009 1075 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 $3,625,810 298.100-Georgia Radiation Therapy Center Appropriation (HB 118) 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 $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 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 $8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860 $8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860 $8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860 $8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860 299.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($188,258) ($188,258) ($188,258) ($188,258) 299.2 Reduce funds by eliminating two filled positions. State General Funds ($330,085) ($330,085) ($330,085) ($330,085) 299.3 Reduce funds from operations. State General Funds ($314,147) ($314,147) ($314,147) ($314,147) 299.4 Reduce funds to reflect the revised revenue estimate. 1076 JOURNAL OF THE SENATE State General Funds ($72,204) ($72,204) 299.5 Increase funds for Workplace Safety Technology research for the poultry processing industry. State General Funds $130,000 ($72,204) $130,000 299.100-Georgia Tech Research Institute Appropriation (HB 118) 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 $7,220,412 $7,148,208 $7,278,208 $7,278,208 State General Funds $7,220,412 $7,148,208 $7,278,208 $7,278,208 TOTAL AGENCY FUNDS $148,917,958 $148,917,958 $148,917,958 $148,917,958 Intergovernmental Transfers $91,469,736 $91,469,736 $91,469,736 $91,469,736 Intergovernmental Transfers Not Itemized $91,469,736 $91,469,736 $91,469,736 $91,469,736 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 $14,700,000 $14,700,000 $14,700,000 $14,700,000 Sales and Services Not Itemized $14,700,000 $14,700,000 $14,700,000 $14,700,000 TOTAL PUBLIC FUNDS $156,138,370 $156,066,166 $156,196,166 $156,196,166 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 $994,601 $994,601 $435,281 $367,648 $367,648 $67,633 $67,633 $1,429,882 $994,601 $994,601 $435,281 $367,648 $367,648 $67,633 $67,633 $1,429,882 $994,601 $994,601 $435,281 $367,648 $367,648 $67,633 $67,633 $1,429,882 $994,601 $994,601 $435,281 $367,648 $367,648 $67,633 $67,633 $1,429,882 300.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($4,094) ($4,094) ($4,094) ($4,094) 300.2 Reduce funds by eliminating four vacant positions. THURSDAY, MARCH 5, 2009 1077 State General Funds ($26,401) ($26,401) ($26,401) ($26,401) 300.3 Reduce funds from operations. State General Funds ($5,500) ($5,500) ($5,500) ($5,500) 300.4 Replace funds with an increase to the overnight visit fee by 60%, increase resident housing facility fee for utilities, charge additional fees for the use of vehicle and truck fuel usage reimbursement, and effective September 1, 2008 begin charging residents 100% of their power bill. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($47,667) $47,667 $0 ($47,667) $47,667 $0 ($47,667) $47,667 $0 ($47,667) $47,667 $0 300.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($14,752) ($9,109) ($9,109) 300.100-Marine Institute Appropriation (HB 118) The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $910,939 $896,187 $901,830 $901,830 State General Funds $910,939 $896,187 $901,830 $901,830 TOTAL AGENCY FUNDS $482,948 $482,948 $482,948 $482,948 Intergovernmental Transfers $367,648 $367,648 $367,648 $367,648 Intergovernmental Transfers Not Itemized $367,648 $367,648 $367,648 $367,648 Rebates, Refunds, and Reimbursements $115,300 $115,300 $115,300 $115,300 Rebates, Refunds, and Reimbursements Not Itemized $115,300 $115,300 $115,300 $115,300 TOTAL PUBLIC FUNDS $1,393,887 $1,379,135 $1,384,778 $1,384,778 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 $1,628,349 $1,628,349 $1,345,529 $760,729 $760,729 $90,000 $90,000 $1,628,349 $1,628,349 $1,345,529 $760,729 $760,729 $90,000 $90,000 $1,628,349 $1,628,349 $1,345,529 $760,729 $760,729 $90,000 $90,000 $1,628,349 $1,628,349 $1,345,529 $760,729 $760,729 $90,000 $90,000 1078 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $494,800 $494,800 $2,973,878 $494,800 $494,800 $2,973,878 $494,800 $494,800 $2,973,878 $494,800 $494,800 $2,973,878 301.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($6,276) ($6,276) ($6,276) ($6,276) 301.2 Reduce funds by eliminating two filled positions. State General Funds ($97,701) ($97,701) ($97,701) ($97,701) 301.3 Reduce funds from operations. State General Funds ($49,166) ($49,166) ($49,166) ($49,166) 301.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,109) ($14,752) ($14,752) 301.100-Marine Resources Extension Center Appropriation (HB 118) The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,475,206 $1,466,097 $1,460,454 State General Funds $1,475,206 $1,466,097 $1,460,454 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $760,729 $760,729 $760,729 Intergovernmental Transfers Not Itemized $760,729 $760,729 $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 $2,820,735 $2,811,626 $2,805,983 $1,460,454 $1,460,454 $1,345,529 $760,729 $760,729 $90,000 $90,000 $494,800 $494,800 $2,805,983 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 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 THURSDAY, MARCH 5, 2009 1079 302.100-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 118) $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $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 $906,390 $906,390 $906,390 $906,390 $906,390 $906,390 $906,390 $906,390 $906,390 $906,390 $906,390 $906,390 303.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($3,286) ($3,286) ($3,286) ($3,286) 303.2 Reduce funds from operations. State General Funds ($72,511) ($72,511) ($72,511) ($72,511) 303.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($8,306) ($8,306) ($8,306) 303.100-Office of Minority Business Enterprise Appropriation (HB 118) 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 $830,593 $822,287 $822,287 $822,287 State General Funds $830,593 $822,287 $822,287 $822,287 TOTAL PUBLIC FUNDS $830,593 $822,287 $822,287 $822,287 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 Tobacco Settlement Funds $16,087,799 $0 $16,087,799 $16,087,799 $0 $16,087,799 $16,087,799 $0 $16,087,799 $16,087,799 $0 $16,087,799 1080 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $16,087,799 $16,087,799 304.1 Reduce funds from coalition operations. Tobacco Settlement Funds ($87,000) ($87,000) 304.2 Reduce funds by eliminating the Quality Information Exchange. Tobacco Settlement Funds ($4,283,333) ($4,283,333) 304.3 Reduce funds to capture the Quality Information Exchange reserve fund balance. Tobacco Settlement Funds ($1,262,000) ($1,262,000) $16,087,799 ($87,000) ($4,283,333) ($1,262,000) $16,087,799 ($87,000) ($4,283,333) ($1,262,000) 304.100-Payments to the Georgia Cancer Coalition Appropriation (HB 118) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $10,455,466 $10,455,466 $10,455,466 $10,455,466 Tobacco Settlement Funds $10,455,466 $10,455,466 $10,455,466 $10,455,466 TOTAL PUBLIC FUNDS $10,455,466 $10,455,466 $10,455,466 $10,455,466 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 TOTAL PUBLIC FUNDS $41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055 $41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055 $41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055 $41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055 305.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($687,738) ($958,064) ($958,064) ($958,064) 305.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($3,104) ($3,104) ($3,104) ($3,104) 305.3 Reduce funds by eliminating one filled position. State General Funds ($53,200) ($53,200) ($53,200) ($53,200) THURSDAY, MARCH 5, 2009 1081 305.4 Reduce funds from operations. State General Funds ($502,627) ($502,627) ($502,627) ($502,627) 305.5 Reduce funds from the public library state grants. (H and S:Partially restore funds) State General Funds ($1,884,065) ($1,884,065) ($1,404,458) ($833,622) 305.6 Reduce funds from the Public Library State Grants by eliminating Major Repair and Rehabilitation (MRR) funds. State General Funds ($900,000) ($900,000) ($900,000) ($900,000) 305.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($377,179) ($377,179) ($377,179) 305.100-Public Libraries Appropriation (HB 118) The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $37,717,921 $37,070,416 $37,550,023 $38,120,859 State General Funds $37,717,921 $37,070,416 $37,550,023 $38,120,859 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 $42,240,321 $41,592,816 $42,072,423 $42,643,259 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 $52,665,927 $47,665,927 $5,000,000 $52,665,927 $52,665,927 $47,665,927 $5,000,000 $52,665,927 306.1 Reduce funds from the salary annualizer. State General Funds ($333,084) ($333,084) 306.2 Reduce funds from GALILEO. State General Funds ($339,500) ($339,500) 306.3 Reduce funds from GAMES. State General Funds ($37,500) ($37,500) $52,665,927 $47,665,927 $5,000,000 $52,665,927 ($333,084) ($339,500) ($37,500) $52,665,927 $47,665,927 $5,000,000 $52,665,927 ($333,084) ($339,500) ($37,500) 1082 JOURNAL OF THE SENATE 306.4 Reduce funds from the Oxford Study Abroad Program. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 306.5 Reduce funds from Georgia Gwinnett College. State General Funds ($1,750,000) ($1,750,000) ($1,750,000) ($1,750,000) 306.6 Reduce funds from Griffin Extension Teaching. State General Funds ($91,200) ($91,200) ($91,200) ($91,200) 306.7 Reduce funds from Historically Black Colleges and Universities (HBCU) operations. State General Funds ($208,227) ($208,227) ($208,227) ($208,227) 306.8 Reduce funds from the Leadership Institute through the consolidation and elimination of certain functions providing support and services to institutions, schools, faculty, teachers, and students. State General Funds ($278,708) ($278,708) ($278,708) ($278,708) 306.9 Reduce funds from Liberal Arts Mission. State General Funds ($123,728) ($123,728) ($123,728) ($123,728) 306.10 Reduce funds from Medical College of Georgia (MCG) Mission Related research activities and the Nurse Anesthetist program. State General Funds ($805,033) ($805,033) ($805,033) ($805,033) 306.11 Reduce funds from North Georgia Military Leadership Mission operations. State General Funds ($60,008) ($60,008) ($60,008) ($60,008) 306.12 Reduce funds from P-16 through the consolidation and elimination of certain functions providing support and services to institutions, schools, faculty, teachers, and students. State General Funds ($96,286) ($96,286) ($96,286) ($96,286) 306.13 Reduce funds from Accountability Plus operations. State General Funds ($64,008) ($64,008) ($64,008) ($64,008) 306.14 Reduce funds from the Intellectual Capital Partnership Program (ICAPP). State General Funds ($530,145) ($530,145) ($530,145) ($530,145) 306.15 Reduce funds from Enhancing Access. State General Funds ($18,236) ($18,236) ($18,236) ($18,236) 306.16 Reduce funds from the Fort Valley land grant match. THURSDAY, MARCH 5, 2009 1083 State General Funds ($30,932) ($30,932) 306.17 Reduce funds from the Kennesaw State University Disadvantaged Youth Program. State General Funds ($200,000) ($200,000) 306.18 Reduce funds received in HB990 (FY09G) for the Washington Center for Internships. State General Funds ($45,000) ($45,000) 306.19 Reduce funds from ICAPP to collect data on nursing educators. State General Funds ($27,430) ($27,430) 306.20 Reduce funds to reflect the revised revenue estimate. State General Funds ($425,519) ($30,932) ($200,000) ($45,000) ($27,430) ($425,519) ($30,932) ($200,000) ($45,000) ($27,430) ($425,519) 306.100-Public Service / Special Funding Initiatives Appropriation (HB 118) The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS $47,551,902 $47,126,383 $47,126,383 State General Funds $42,551,902 $42,126,383 $42,126,383 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $47,551,902 $47,126,383 $47,126,383 $47,126,383 $42,126,383 $5,000,000 $47,126,383 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 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 307.1 Defer the FY09 cost of living adjustment. State General Funds ($74,640) ($74,640) ($74,640) ($74,640) 307.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($19,094) ($19,094) ($19,094) ($19,094) 307.3 Reduce funds from payments to the Southern Regional Education Board by reducing the number of slots for students studying optometry and begin a four-year phase out of slots for students studying osteopathic medicine. State General Funds ($98,588) ($98,588) $0 $0 1084 JOURNAL OF THE SENATE 307.4 Reduce funds from personnel. State General Funds 307.5 Reduce funds from operations. State General Funds 307.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($337,446) ($337,445) ($337,446) ($337,445) ($71,141) ($337,446) ($337,445) ($146,141) ($337,446) ($337,445) ($146,141) 307.100-Regents Central Office Appropriation (HB 118) The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,114,051 $7,042,910 $7,066,498 $7,066,498 State General Funds $7,114,051 $7,042,910 $7,066,498 $7,066,498 TOTAL PUBLIC FUNDS $7,114,051 $7,042,910 $7,066,498 $7,066,498 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 $32,183,995 $31,433,995 $750,000 $32,183,995 $32,183,995 $31,433,995 $750,000 $32,183,995 $32,183,995 $31,433,995 $750,000 $32,183,995 308.1 Reduce funds from Advanced Communications operations. State General Funds ($1,085,373) ($1,085,373) ($1,085,373) 308.2 Reduce funds from Bio-Refinery operations. State General Funds ($40,000) ($40,000) ($40,000) 308.3 Reduce funds from Georgia Environmental Partnership operations. State General Funds ($71,162) ($71,162) ($71,162) 308.4 Reduce funds from Traditional Industries ongoing research projects. State General Funds ($311,451) ($311,451) ($311,451) 308.5 Reduce funds from the Vaccine Initiative Collaboration grants. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 308.6 Reduce funds from the Technology Partnership grants. $32,183,995 $31,433,995 $750,000 $32,183,995 ($1,085,373) ($40,000) ($71,162) ($311,451) ($1,000,000) THURSDAY, MARCH 5, 2009 1085 State General Funds ($710,413) ($710,413) ($710,413) ($710,413) 308.7 Reduce funds and utilize existing funds within the Georgia Research Alliance Eminent Scholar Endowment Trust Fund for Eminent Scholars. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 308.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($267,156) $0 $0 308.100-Research Consortium Appropriation (HB 118) The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $27,465,596 $27,198,440 $27,465,596 State General Funds $26,715,596 $26,448,440 $26,715,596 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $27,465,596 $27,198,440 $27,465,596 $27,465,596 $26,715,596 $750,000 $27,465,596 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 $1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972 $1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972 $1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972 $1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972 309.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($16,181) ($16,181) ($16,181) ($16,181) 309.2 Reduce funds by eliminating one filled position. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 309.3 Reduce funds by eliminating one vacant position. 1086 JOURNAL OF THE SENATE State General Funds ($32,530) ($32,530) ($32,530) ($32,530) 309.4 Reduce funds by capping the employer premium for employee health insurance at the employer premium level paid for employee Preferred Provider Organization (PPO) health insurance. State General Funds ($22,888) ($22,888) ($22,888) ($22,888) 309.5 Reduce funds designated for new and replacement research equipment purchases. State General Funds ($70,279) ($70,279) ($70,279) ($70,279) 309.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,651) ($15,651) ($15,651) 309.100-Skidaway Institute of Oceanography Appropriation (HB 118) 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 $1,565,094 $1,549,443 $1,549,443 $1,549,443 State General Funds $1,565,094 $1,549,443 $1,549,443 $1,549,443 TOTAL AGENCY FUNDS $4,645,000 $4,645,000 $4,645,000 $4,645,000 Intergovernmental Transfers $3,500,000 $3,500,000 $3,500,000 $3,500,000 Intergovernmental Transfers Not Itemized $3,500,000 $3,500,000 $3,500,000 $3,500,000 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 $6,210,094 $6,194,443 $6,194,443 $6,194,443 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 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 310.1 Eliminate funds. State General Funds ($322,377) ($322,377) ($322,377) ($322,377) THURSDAY, MARCH 5, 2009 1087 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 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 $1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138 $40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550 $1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138 $40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550 $1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138 $40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550 $1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138 $40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550 311.1 Reduce funds from Carl Vinson Institute of Government operations. State General Funds ($584,170) ($584,170) ($584,170) ($584,170) 311.2 Reduce funds from Fiscal Research Center operations. State General Funds ($50,666) ($50,666) ($50,666) ($50,666) 311.3 Reduce funds from Georgia Center for Communications operations. State General Funds ($17,446) ($17,446) ($17,446) ($17,446) 311.4 Reduce funds from Health Policy Center operations. State General Funds ($23,076) ($23,076) ($23,076) ($23,076) 311.5 Reduce funds from Institute of Higher Education operations. State General Funds ($223,142) ($223,142) ($223,142) ($223,142) 311.6 Reduce funds from School of Law operations. State General Funds ($46,653) ($46,653) ($46,653) ($46,653) 311.7 Reduce funds from Small Business Development Center operations. State General Funds ($359,111) ($359,111) ($359,111) ($359,111) 311.8 Reduce funds from University Press operations. State General Funds ($97,870) ($97,870) ($97,870) ($97,870) 311.9 Reduce funds from A.L. Burress Institute operations. 1088 JOURNAL OF THE SENATE State General Funds ($13,210) ($13,210) ($13,210) ($13,210) 311.10 Reduce funds from Resident Instruction. State General Funds ($176,775,764) ($176,775,764) ($176,775,764) ($176,775,764) 311.11 Reduce funds from GTREP Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton College-Cordele Roof Repair ($75,000), Georgia Southern IT Program ($1,218,946), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000). (H:Restore $609,473 for the Georgia Southern IT program)(S:Restore the Georgia Southern IT program) State General Funds ($3,279,226) ($3,279,226) ($2,669,753) ($2,060,280) 311.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($17,981,411) ($17,981,411) ($17,981,411) 311.100 -Teaching Appropriation (HB 118) 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 $1,788,837,220 $1,770,855,809 $1,771,465,282 $1,772,074,755 State General Funds $1,788,837,220 $1,770,855,809 $1,771,465,282 $1,772,074,755 TOTAL AGENCY FUNDS $2,875,057,996 $2,875,057,996 $2,875,057,996 $2,875,057,996 Intergovernmental Transfers $1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138 Intergovernmental Transfers Not Itemized $1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138 Rebates, Refunds, and Reimbursements $40,013,772 $40,013,772 $40,013,772 $40,013,772 Rebates, Refunds, and Reimbursements Not Itemized $40,013,772 $40,013,772 $40,013,772 $40,013,772 Sales and Services $1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086 Sales and Services Not Itemized $1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086 TOTAL PUBLIC FUNDS $4,663,895,216 $4,645,913,805 $4,646,523,278 $4,647,132,751 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 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 THURSDAY, MARCH 5, 2009 1089 312.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($17,155) ($17,155) ($17,155) ($17,155) 312.2 Reduce funds by eliminating six vacant positions. State General Funds ($121,557) ($121,557) ($121,557) ($121,557) 312.3 Reduce funds from research projects. State General Funds ($205,812) ($205,812) ($205,812) ($205,812) 312.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($31,597) ($31,597) ($31,597) 312.100-Veterinary Medicine Experiment Station Appropriation (HB 118) 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 $3,159,740 $3,128,143 $3,128,143 $3,128,143 State General Funds $3,159,740 $3,128,143 $3,128,143 $3,128,143 TOTAL PUBLIC FUNDS $3,159,740 $3,128,143 $3,128,143 $3,128,143 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 $568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290 $568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290 $568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290 $568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290 313.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($19,976) ($19,976) ($19,976) ($19,976) 313.2 Reduce funds by eliminating two vacant positions. State General Funds ($56,834) ($56,834) ($56,834) ($56,834) 1090 JOURNAL OF THE SENATE 313.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,915) ($4,915) ($4,915) 313.100-Veterinary Medicine Teaching Hospital Appropriation (HB 118) 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 $491,529 $486,614 $486,614 $486,614 State General Funds $491,529 $486,614 $486,614 $486,614 TOTAL AGENCY FUNDS $9,621,951 $9,621,951 $9,621,951 $9,621,951 Sales and Services $9,621,951 $9,621,951 $9,621,951 $9,621,951 Sales and Services Not Itemized $9,621,951 $9,621,951 $9,621,951 $9,621,951 TOTAL PUBLIC FUNDS $10,113,480 $10,108,565 $10,108,565 $10,108,565 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 State General Funds TOTAL PUBLIC FUNDS $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 314.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009) State General Funds ($67,711) ($94,326) ($94,326) ($94,326) 314.2 Reduce funds from the Prep School. State General Funds ($204,308) ($204,308) ($204,308) ($204,308) 314.3 Reduce funds from the Junior College. State General Funds ($101,012) ($101,012) ($101,012) ($101,012) 314.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($26,899) ($26,899) ($26,899) 314.100-Payments to Georgia Military College Appropriation (HB 118) The purpose of this appropriation is to provide quality basic education funding for grades six through 12. THURSDAY, MARCH 5, 2009 1091 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,689,885 $2,689,885 $2,689,885 $2,636,371 $2,636,371 $2,636,371 $2,636,371 $2,636,371 $2,636,371 $2,636,371 $2,636,371 $2,636,371 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 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 315.1 Defer the FY09 cost of living adjustment. State General Funds ($102,859) ($102,859) ($102,859) ($102,859) 315.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($484,733) ($530,577) ($530,577) ($530,577) 315.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $69,981 $69,981 $69,981 $69,981 315.4 Reduce funds from operations and personnel. State General Funds ($1,300,538) ($1,300,538) ($1,300,538) ($1,300,538) 315.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($163,734) ($163,734) ($163,734) 315.100-Payments to Public Telecommunications Commission, Georgia Appropriation (HB 118) 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 $16,373,394 $16,163,816 $16,163,816 $16,163,816 State General Funds $16,373,394 $16,163,816 $16,163,816 $16,163,816 TOTAL PUBLIC FUNDS $16,373,394 $16,163,816 $16,163,816 $16,163,816 1092 JOURNAL OF THE SENATE Section 39: Revenue, 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 PUBLIC FUNDS Section Total - Continuation $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 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 - Final $116,416,834 $544,404,917 $116,266,834 $544,254,917 $150,000 $150,000 $397,422 $397,422 $397,422 $397,422 $22,244,548 $22,244,548 $3,322,469 $3,322,469 $4,342,000 $4,342,000 $14,580,079 $14,580,079 $139,058,804 $567,046,887 $545,878,342 $545,728,342 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $568,520,312 $545,878,342 $545,728,342 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $568,520,312 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 THURSDAY, MARCH 5, 2009 1093 TOTAL PUBLIC FUNDS $13,574,373 $13,574,373 $13,574,373 $13,574,373 316.1 Defer the FY09 cost of living adjustment. State General Funds ($102,182) ($102,182) ($102,182) ($102,182) 316.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($485,473) ($521,230) ($521,230) ($521,230) 316.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,597 $4,597 $4,597 $4,597 316.4 Reduce funds by furloughing regular and temporary employees for eight days. State General Funds ($195,667) ($195,667) ($195,667) ($195,667) 316.5 Reduce funds by eliminating one vacant position. State General Funds ($326,100) ($326,100) ($326,100) ($326,100) 316.6 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 316.100-Customer Service Appropriation (HB 118) The purpose of this appropriation is to assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary compliance and the Taxpayer Bill of Rights. TOTAL STATE FUNDS $10,209,413 $10,173,656 $10,173,656 $10,173,656 State General Funds $10,209,413 $10,173,656 $10,173,656 $10,173,656 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 $12,319,548 $12,283,791 $12,283,791 $12,283,791 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 $4,155,944 $4,155,944 $4,155,944 $4,155,944 1094 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,155,944 $375,000 $375,000 $375,000 $4,530,944 $4,155,944 $375,000 $375,000 $375,000 $4,530,944 $4,155,944 $375,000 $375,000 $375,000 $4,530,944 $4,155,944 $375,000 $375,000 $375,000 $4,530,944 317.1 Defer the FY09 cost of living adjustment. State General Funds ($36,247) ($36,247) ($36,247) ($36,247) 317.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($172,212) ($184,896) ($184,896) ($184,896) 317.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,808 $2,808 $2,808 $2,808 317.4 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($35,000) ($35,000) ($35,000) ($35,000) 317.5 Reduce funds by eliminating one vacant position. State General Funds ($93,618) ($93,618) ($93,618) ($93,618) 317.6 Reduce funds by furloughing regular and temporary employees for eight days. State General Funds ($106,447) ($106,447) ($106,447) ($106,447) 317.100-Departmental Administration Appropriation (HB 118) 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 $3,715,228 $3,702,544 $3,702,544 $3,702,544 State General Funds $3,715,228 $3,702,544 $3,702,544 $3,702,544 TOTAL AGENCY FUNDS $375,000 $375,000 $375,000 $375,000 Sales and Services $375,000 $375,000 $375,000 $375,000 Sales and Services Not Itemized $375,000 $375,000 $375,000 $375,000 TOTAL PUBLIC FUNDS $4,090,228 $4,077,544 $4,077,544 $4,077,544 THURSDAY, MARCH 5, 2009 1095 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, 2008 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 318.1 Eliminate funds for the Homeowner's Tax Relief Grant. State General Funds ($428,290,501) $0 $0 $0 318.100-Homeowner Tax Relief Grants Appropriation (HB 118) 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,969,234 $4,819,234 $150,000 $187,422 $187,422 $5,156,656 $4,969,234 $4,819,234 $150,000 $187,422 $187,422 $5,156,656 $4,969,234 $4,819,234 $150,000 $187,422 $187,422 $5,156,656 $4,969,234 $4,819,234 $150,000 $187,422 $187,422 $5,156,656 319.1 Defer the FY09 cost of living adjustment. State General Funds ($40,232) ($40,232) ($40,232) ($40,232) 319.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) 1096 JOURNAL OF THE SENATE State General Funds ($191,142) ($205,220) ($205,220) ($205,220) 319.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,309 $11,309 $11,309 $11,309 319.4 Reduce funds by furloughing regular salary and temporary employees for eight days. State General Funds ($111,519) ($111,519) ($111,519) ($111,519) 319.5 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($35,000) ($35,000) ($35,000) ($35,000) 319.6 Reduce funds designated for vehicle purchases. State General Funds ($64,110) ($64,110) ($64,110) ($64,110) 319.100-Industry Regulation Appropriation (HB 118) 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 $4,538,540 $4,524,462 $4,524,462 $4,524,462 State General Funds $4,388,540 $4,374,462 $4,374,462 $4,374,462 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $187,422 $187,422 $187,422 $187,422 Federal Funds Not Itemized $187,422 $187,422 $187,422 $187,422 TOTAL PUBLIC FUNDS $4,725,962 $4,711,884 $4,711,884 $4,711,884 Local Tax Officials Retirement and FICA Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $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 $5,149,163 322.1 Increase funds for the employer portion of retirement benefits for local tax officials. State General Funds $840,867 $840,867 $840,867 $840,867 322.99 SAC: The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs. House: The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs. THURSDAY, MARCH 5, 2009 1097 Gov Rev: The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs. Governor: The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs. State General Funds $0 $0 $0 $0 322.100-Local Tax Officials Retirement and FICA Appropriation (HB 118) The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs. TOTAL STATE FUNDS $5,990,030 $5,990,030 $5,990,030 $5,990,030 State General Funds $5,990,030 $5,990,030 $5,990,030 $5,990,030 TOTAL PUBLIC FUNDS $5,990,030 $5,990,030 $5,990,030 $5,990,030 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 $42,190,866 $42,190,866 $426,769 $426,769 $426,769 $42,617,635 $42,190,866 $42,190,866 $426,769 $426,769 $426,769 $42,617,635 $42,190,866 $42,190,866 $426,769 $426,769 $426,769 $42,617,635 $42,190,866 $42,190,866 $426,769 $426,769 $426,769 $42,617,635 324.1 Defer the FY09 cost of living adjustment. State General Funds ($254,794) ($254,794) ($254,794) ($254,794) 324.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,210,544) ($1,299,705) ($1,299,705) ($1,299,705) 324.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $136,089 $136,089 $136,089 $136,089 1098 JOURNAL OF THE SENATE 324.4 Reduce funds by furloughing regular and temporary employees for eight days. State General Funds ($679,407) ($679,407) $0 $0 324.5 Reduce funds designated for temporary labor and associated operating costs due to the elimination of two shifts at the revenue processing center. State General Funds ($2,400,000) ($2,400,000) ($2,400,000) ($2,400,000) 324.6 Reduce funds by eliminating nine vacant positions. State General Funds ($84,782) ($84,782) ($84,782) ($84,782) 324.7 Reduce funds designated for internal information technology projects. State General Funds ($184,509) ($184,509) ($184,509) ($184,509) 324.100-Revenue Processing Appropriation (HB 118) 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 $37,512,919 $37,423,758 $38,103,165 $38,103,165 State General Funds $37,512,919 $37,423,758 $38,103,165 $38,103,165 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 $37,939,688 $37,850,527 $38,529,934 $38,529,934 Salvage Inspection Continuation Budget The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,704,133 $1,704,133 $1,704,133 $1,704,133 $1,704,133 $1,704,133 $1,704,133 $1,704,133 $1,704,133 $1,704,133 $1,704,133 $1,704,133 325.1 Defer the FY09 cost of living adjustment. State General Funds ($15,501) ($15,501) ($15,501) ($15,501) 325.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($73,647) ($79,071) ($79,071) ($79,071) THURSDAY, MARCH 5, 2009 1099 325.3 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($100,000) 325.4 Reduce funds by furloughing regular and temporary employees for eight days. State General Funds ($39,833) ($100,000) ($39,833) ($100,000) ($39,833) ($100,000) ($39,833) 325.100-Salvage Inspection Appropriation (HB 118) The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS $1,475,152 $1,469,728 $1,469,728 State General Funds $1,475,152 $1,469,728 $1,469,728 TOTAL PUBLIC FUNDS $1,475,152 $1,469,728 $1,469,728 $1,469,728 $1,469,728 $1,469,728 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 State General Funds TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 326.100-State Board of Equalization Appropriation (HB 118) 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 State General Funds $23,449,239 $23,449,239 $23,449,239 $23,449,239 $23,449,239 $23,449,239 $23,449,239 $23,449,239 1100 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $27,144,939 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $27,144,939 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $27,144,939 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $27,144,939 327.1 Defer the FY09 cost of living adjustment. State General Funds ($119,194) ($119,194) ($119,194) ($119,194) 327.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($566,302) ($608,012) ($608,012) ($608,012) 327.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $119,100 $119,100 $119,100 $119,100 327.4 Reduce funds by furloughing regular and temporary employees for eight days. State General Funds ($326,785) ($326,785) ($326,785) ($326,785) 327.5 Reduce funds by eliminating four vacant and four filled positions. State General Funds ($403,000) ($403,000) ($403,000) ($403,000) 327.6 Reduce funds from operations and supplies. State General Funds ($135,000) ($135,000) ($135,000) ($135,000) 327.7 Reduce funds designated for non-mandated services to county tag offices such as toner for tag and title printers and systems training. State General Funds ($393,000) ($393,000) ($393,000) ($393,000) 327.8 Reduce funds by combining Quality Assurance and Document Receipt and Control functions and eliminating seventeen hourly and fourteen temporary positions. State General Funds ($785,500) ($785,500) ($785,500) ($785,500) 327.9 Reduce funds by relying on one statutorily required notice to inform vehicle owners who are non-compliant with insurance requirements. State General Funds ($405,000) ($405,000) ($405,000) ($405,000) THURSDAY, MARCH 5, 2009 1101 327.100-Tag and Title Registration Appropriation (HB 118) The purpose of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS $20,434,558 $20,392,848 $20,392,848 State General Funds $20,434,558 $20,392,848 $20,392,848 TOTAL AGENCY FUNDS $3,695,700 $3,695,700 $3,695,700 Reserved Fund Balances $2,895,700 $2,895,700 $2,895,700 Reserved Fund Balances Not Itemized $2,895,700 $2,895,700 $2,895,700 Sales and Services $800,000 $800,000 $800,000 Sales and Services Not Itemized $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $24,130,258 $24,088,548 $24,088,548 $20,392,848 $20,392,848 $3,695,700 $2,895,700 $2,895,700 $800,000 $800,000 $24,088,548 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 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 $36,119,723 $36,119,723 $210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667 $36,119,723 $36,119,723 $210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667 $36,119,723 $36,119,723 $210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667 $36,119,723 $36,119,723 $210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667 328.1 Defer the FY09 cost of living adjustment. State General Funds ($296,060) ($296,060) ($296,060) ($296,060) 328.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,406,602) ($1,510,206) ($1,510,206) ($1,510,206) 328.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,143 $2,143 $2,143 $2,143 1102 JOURNAL OF THE SENATE 328.4 Reduce funds by furloughing regular and temporary employees for eight days. State General Funds ($729,943) ($729,943) $0 $0 328.5 Reduce funds by eliminating five vacant and two filled positions. (H and S:Restore funds for the last quarter of the fiscal year) State General Funds ($452,500) ($452,500) ($339,375) ($339,375) 328.6 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($99,999) ($99,999) ($99,999) ($99,999) 328.7 Reduce funds designated from travel for site visits and auditors that live-in-state and perform out-of-state audits. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 328.8 Reduce funds from contracts for internal information technology projects. State General Funds ($202,668) ($202,668) ($202,668) ($202,668) 328.9 Reduce funds received in HB990 (FY09G) due to the delay of hiring three compliance auditors. State General Funds ($98,100) ($98,100) ($147,150) ($147,150) 328.100-Tax Compliance Appropriation (HB 118) The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $32,535,994 $32,432,390 $33,226,408 $33,226,408 State General Funds $32,535,994 $32,432,390 $33,226,408 $33,226,408 TOTAL FEDERAL FUNDS $210,000 $210,000 $210,000 $210,000 Federal Funds Not Itemized $210,000 $210,000 $210,000 $210,000 TOTAL AGENCY FUNDS $15,636,944 $15,636,944 $15,636,944 $15,636,944 Intergovernmental Transfers $4,342,000 $4,342,000 $4,342,000 $4,342,000 Intergovernmental Transfers Not Itemized $4,342,000 $4,342,000 $4,342,000 $4,342,000 Sales and Services $11,294,944 $11,294,944 $11,294,944 $11,294,944 Sales and Services Not Itemized $11,294,944 $11,294,944 $11,294,944 $11,294,944 TOTAL PUBLIC FUNDS $48,382,938 $48,279,334 $49,073,352 $49,073,352 Section 40: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Continuation $40,504,390 $40,504,390 $1,939,894 $40,504,390 $40,504,390 $1,939,894 $40,504,390 $40,504,390 $1,939,894 $40,504,390 $40,504,390 $1,939,894 THURSDAY, MARCH 5, 2009 1103 Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $50,000 $1,889,894 $42,444,284 $50,000 $1,889,894 $42,444,284 $50,000 $1,889,894 $42,444,284 $50,000 $1,889,894 $42,444,284 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $35,013,977 $34,555,288 $35,013,977 $34,555,288 $1,939,894 $1,939,894 $50,000 $50,000 $1,889,894 $1,889,894 $36,953,871 $36,495,182 $33,618,504 $33,618,504 $2,439,894 $50,000 $2,389,894 $36,058,398 $34,666,497 $34,666,497 $1,939,894 $50,000 $1,889,894 $36,606,391 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 $6,363,415 $6,363,415 $532,671 $532,671 $435,771 $96,900 $6,896,086 $6,363,415 $6,363,415 $532,671 $532,671 $435,771 $96,900 $6,896,086 $6,363,415 $6,363,415 $532,671 $532,671 $435,771 $96,900 $6,896,086 $6,363,415 $6,363,415 $532,671 $532,671 $435,771 $96,900 $6,896,086 331.1 Defer the FY09 cost of living adjustment. State General Funds ($38,824) ($38,824) ($38,824) ($38,824) 331.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($171,379) ($184,002) ($184,002) ($184,002) 331.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $70 $70 $70 $70 331.4 Reduce funds by eliminating nineteen positions to reflect the reorganization. 1104 JOURNAL OF THE SENATE State General Funds ($522,783) ($522,783) ($522,783) ($522,783) 331.5 Reduce funds from program-wide operating expenses based on streamlined service delivery. (H and S:Restore funds for the Georgia Historical Society) State General Funds ($284,925) ($284,925) ($211,925) ($211,925) 331.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($25,000) ($200,000) $0 331.100-Archives and Records Appropriation (HB 118) The purpose of this appropriation is to assist State Agencies in adequately documenting their activities, administering their records management programs, scheduling their records and transferring their non-current records to the State Records Center. TOTAL STATE FUNDS $5,345,574 $5,307,951 $5,205,951 $5,405,951 State General Funds $5,345,574 $5,307,951 $5,205,951 $5,405,951 TOTAL AGENCY FUNDS $532,671 $532,671 $532,671 $532,671 Sales and Services $532,671 $532,671 $532,671 $532,671 Record Center Storage Fees $435,771 $435,771 $435,771 $435,771 Sales and Services Not Itemized $96,900 $96,900 $96,900 $96,900 TOTAL PUBLIC FUNDS $5,878,245 $5,840,622 $5,738,622 $5,938,622 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 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 332.1 Defer the FY09 cost of living adjustment. State General Funds ($1,596) ($1,596) ($1,596) ($1,596) 332.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($7,043) ($7,043) ($7,043) ($7,043) 332.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3 $3 $3 $3 THURSDAY, MARCH 5, 2009 1105 332.100-Capitol Tours Appropriation (HB 118) The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS $159,922 $159,922 $159,922 State General Funds $159,922 $159,922 $159,922 TOTAL PUBLIC FUNDS $159,922 $159,922 $159,922 $159,922 $159,922 $159,922 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 $1,339,523 $1,339,523 $739,512 $739,512 $739,512 $2,079,035 $1,339,523 $1,339,523 $739,512 $739,512 $739,512 $2,079,035 $1,339,523 $1,339,523 $739,512 $739,512 $739,512 $2,079,035 $1,339,523 $1,339,523 $739,512 $739,512 $739,512 $2,079,035 333.1 Defer the FY09 cost of living adjustment. State General Funds ($19,261) ($19,261) ($19,261) ($19,261) 333.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($84,801) ($97,047) ($97,047) ($97,047) 333.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $50 $50 $50 $50 333.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($35,000) ($130,000) ($35,000) 333.100 -Corporations Appropriation (HB 118) 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 $1,235,511 $1,188,265 $1,093,265 $1,188,265 State General Funds $1,235,511 $1,188,265 $1,093,265 $1,188,265 1106 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $739,512 $739,512 $739,512 $1,975,023 $739,512 $739,512 $739,512 $1,927,777 $739,512 $739,512 $739,512 $1,832,777 $739,512 $739,512 $739,512 $1,927,777 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 $6,029,562 $6,029,562 $340,133 $340,133 $340,133 $6,369,695 $6,029,562 $6,029,562 $340,133 $340,133 $340,133 $6,369,695 $6,029,562 $6,029,562 $340,133 $340,133 $340,133 $6,369,695 $6,029,562 $6,029,562 $340,133 $340,133 $340,133 $6,369,695 334.1 Defer the FY09 cost of living adjustment. State General Funds ($20,845) ($20,845) ($20,845) ($20,845) 334.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($92,017) ($98,794) ($98,794) ($98,794) 334.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $671 $671 $671 $671 334.4 Reduce funds by realizing savings from the consolidation of mail routes, utilization of existing supply of voter registration applications, and publication of the Official Directory of Elected Officials online. State General Funds ($48,600) ($48,600) ($48,600) ($48,600) 334.5 Reduce funds due to the revised revenue estimate. State General Funds ($25,000) $0 ($25,000) 334.6 Reduce funds from contracts. State General Funds ($300,000) $0 THURSDAY, MARCH 5, 2009 1107 334.100 -Elections Appropriation (HB 118) 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 $5,868,771 $5,836,994 $5,561,994 $5,836,994 State General Funds $5,868,771 $5,836,994 $5,561,994 $5,836,994 TOTAL AGENCY FUNDS $340,133 $340,133 $340,133 $340,133 Sales and Services $340,133 $340,133 $340,133 $340,133 Sales and Services Not Itemized $340,133 $340,133 $340,133 $340,133 TOTAL PUBLIC FUNDS $6,208,904 $6,177,127 $5,902,127 $6,177,127 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 $8,452,027 $8,452,027 $127,578 $127,578 $127,578 $8,579,605 $8,452,027 $8,452,027 $127,578 $127,578 $127,578 $8,579,605 $8,452,027 $8,452,027 $127,578 $127,578 $127,578 $8,579,605 $8,452,027 $8,452,027 $127,578 $127,578 $127,578 $8,579,605 335.1 Defer the FY09 cost of living adjustment. State General Funds ($88,686) ($88,686) ($88,686) ($88,686) 335.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($391,482) ($414,835) ($414,835) ($414,835) 335.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $128 $128 $128 $128 335.4 Reduce funds from personnel. State General Funds ($301,156) ($301,156) ($301,156) ($301,156) 335.5 Reduce funds from temporary positions and eliminate three vacant full-time positions. 1108 JOURNAL OF THE SENATE State General Funds ($673,741) ($673,741) ($673,741) ($673,741) 335.6 Reduce funds for the Martin Luther King, Jr. holiday celebration based on prior year expenditures. State General Funds ($5,000) ($5,000) ($5,000) ($5,000) 335.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($186,570) ($186,570) ($186,570) 335.100-Office Administration Appropriation (HB 118) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $6,992,090 $6,782,167 $6,782,167 $6,782,167 State General Funds $6,992,090 $6,782,167 $6,782,167 $6,782,167 TOTAL AGENCY FUNDS $127,578 $127,578 $127,578 $127,578 Sales and Services $127,578 $127,578 $127,578 $127,578 Sales and Services Not Itemized $127,578 $127,578 $127,578 $127,578 TOTAL PUBLIC FUNDS $7,119,668 $6,909,745 $6,909,745 $6,909,745 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 $8,755,732 $8,755,732 $150,000 $150,000 $150,000 $8,905,732 $8,755,732 $8,755,732 $150,000 $150,000 $150,000 $8,905,732 $8,755,732 $8,755,732 $150,000 $150,000 $150,000 $8,905,732 $8,755,732 $8,755,732 $150,000 $150,000 $150,000 $8,905,732 336.1 Defer the FY09 cost of living adjustment. State General Funds ($74,484) ($74,484) ($74,484) ($74,484) 336.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($329,022) ($353,256) ($353,256) ($353,256) 336.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. THURSDAY, MARCH 5, 2009 1109 State General Funds $129 336.4 Reduce funds by eliminating eighteen filled positions and six vacant positions. State General Funds ($750,913) 336.5 Reduce funds related to fees for exam proctors and for direct exam expenses. State General Funds ($82,000) $129 ($750,913) ($82,000) $129 ($750,913) ($82,000) $129 ($750,913) ($82,000) 336.100-Professional Licensing Boards Appropriation (HB 118) 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 $7,519,442 $7,495,208 $7,495,208 $7,495,208 State General Funds $7,519,442 $7,495,208 $7,495,208 $7,495,208 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 $7,669,442 $7,645,208 $7,645,208 $7,645,208 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 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,862,983 $1,862,983 $50,000 $50,000 $50,000 $1,912,983 $1,862,983 $1,862,983 $50,000 $50,000 $50,000 $1,912,983 $1,862,983 $1,862,983 $50,000 $50,000 $50,000 $1,912,983 $1,862,983 $1,862,983 $50,000 $50,000 $50,000 $1,912,983 337.1 Defer the FY09 cost of living adjustment. State General Funds ($22,507) ($22,507) ($22,507) ($22,507) 337.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($99,351) ($106,669) ($106,669) ($106,669) 1110 JOURNAL OF THE SENATE 337.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $17 $17 $17 $17 337.4 Reduce funds by not filling three vacant positions. State General Funds ($205,463) ($205,463) ($205,463) ($205,463) 337.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,000) ($15,000) ($15,000) 337.100 -Securities Appropriation (HB 118) 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 $1,535,679 $1,513,361 $1,513,361 $1,513,361 State General Funds $1,535,679 $1,513,361 $1,513,361 $1,513,361 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 $1,585,679 $1,563,361 $1,563,361 $1,563,361 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 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 338.1 Defer the FY09 cost of living adjustment. State General Funds ($3,173) ($3,173) ($3,173) ($3,173) 338.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($16,715) ($17,946) ($17,946) ($17,946) 338.3 Reduce funds from part-time exhibit coordinators. THURSDAY, MARCH 5, 2009 1111 State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 338.4 Reduce funds from consulting fees for teacher training provided state-wide. State General Funds ($6,815) ($6,815) ($6,815) ($6,815) 338.5 Reduce funds from operations. State General Funds ($7,500) ($7,500) ($7,500) ($7,500) 338.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,209) $0 $0 338.100-Commission on the Holocaust, Georgia Appropriation (HB 118) 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 $310,616 $296,176 $309,385 $309,385 State General Funds $310,616 $296,176 $309,385 $309,385 TOTAL PUBLIC FUNDS $310,616 $296,176 $309,385 $309,385 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 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 339.1 Defer the FY09 cost of living adjustment. State General Funds ($54,627) ($54,627) ($54,627) ($54,627) 339.2 Reduce funds received in HB990 (FY09G) for special pay raise received for compliance investigators. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) 339.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($81,659) ($87,674) ($87,674) ($87,674) 339.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 1112 JOURNAL OF THE SENATE State General Funds $3,435 $3,435 339.5 Reduce funds from personnel and defer filling two vacant Narcotics Agent positions. State General Funds ($84,684) ($84,684) 339.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,145) $3,435 ($84,684) ($13,209) $3,435 ($84,684) ($15,145) 339.100-Drugs and Narcotics Agency, Georgia Appropriation (HB 118) 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 $1,320,905 $1,299,745 $1,301,681 $1,299,745 State General Funds $1,320,905 $1,299,745 $1,301,681 $1,299,745 TOTAL PUBLIC FUNDS $1,320,905 $1,299,745 $1,301,681 $1,299,745 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 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 340.1 Defer the FY09 cost of living adjustment. State General Funds ($29,238) ($29,238) ($29,238) ($29,238) 340.2 Defer structure adjustments to the statewide salary plan. State General Funds ($94) ($94) ($94) ($94) 340.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($118,936) ($127,696) ($127,696) ($127,696) 340.4 Reduce funds by eliminating one vacant investigator position and one vacant investigative support position, and by filling two investigator positions for only six months. THURSDAY, MARCH 5, 2009 1113 State General Funds ($120,000) ($120,000) ($120,000) ($120,000) 340.5 Eliminate funds received in HB990 (FY09G) for State Licensing Board of Home Inspectors per HB1217 (2008 Session) that was vetoed. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 340.6 Reduce funds designated for vehicle expenses. State General Funds ($18,000) ($18,000) ($18,000) ($18,000) 340.7 Reduce funds from operations. State General Funds ($16,259) ($16,259) ($16,259) ($16,259) 340.8 Reduce funds by eliminating the use of printed transcripts for Commission meetings and increasing the frequency of teleconference meetings. State General Funds ($16,000) ($16,000) ($16,000) ($16,000) 340.9 Reduce funds by decreasing the frequency of administrative hearings by one administrative hearing per month for six months. State General Funds ($12,000) ($12,000) ($12,000) ($12,000) 340.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,106) $0 ($3,106) 340.11 Replace funds. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($500,000) $0 $500,000 $0 $0 $0 340.100-Real Estate Commission Appropriation (HB 118) 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 $3,211,013 $3,199,147 $2,702,253 $3,199,147 State General Funds $3,211,013 $3,199,147 $2,702,253 $3,199,147 TOTAL AGENCY FUNDS $500,000 Sales and Services $500,000 Sales and Services Not Itemized $500,000 TOTAL PUBLIC FUNDS $3,211,013 $3,199,147 $3,202,253 $3,199,147 1114 JOURNAL OF THE SENATE 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 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 341.1 Defer the FY09 cost of living adjustment. State General Funds ($17,719) ($17,719) ($17,719) ($17,719) 341.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($81,350) ($87,342) ($87,342) ($87,342) 341.3 Reduce funds through a combination of furloughs, attrition, and reductions in force agency-wide. State General Funds ($76,788) ($76,788) ($76,788) ($76,788) 341.4 Reduce funds from information technology related expenses. State General Funds ($42,000) ($42,000) ($42,000) ($42,000) 341.5 Reduce funds from operations. State General Funds ($41,980) ($41,980) ($41,980) ($41,980) 341.6 Eliminate funds for contracts related to court reporting services, hearing transcripts, and other services. State General Funds ($8,500) ($8,500) ($8,500) ($8,500) 341.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($32,110) ($15,145) ($32,110) 341.100-State Ethics Commission Appropriation (HB 118) 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 $1,514,454 $1,476,352 $1,493,317 $1,476,352 State General Funds $1,514,454 $1,476,352 $1,493,317 $1,476,352 THURSDAY, MARCH 5, 2009 1115 TOTAL PUBLIC FUNDS $1,514,454 $1,476,352 $1,493,317 $1,476,352 Section 41: 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 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $9,141,931 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $9,141,931 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $9,141,931 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $9,141,931 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 $2,985,883 $2,946,901 $2,985,883 $2,946,901 $1,717,500 $1,717,500 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $2,401,971 $2,401,971 $1,449,621 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $8,554,975 $8,515,993 $2,946,901 $2,946,901 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $8,515,993 $2,946,901 $2,946,901 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $8,515,993 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 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 342.1 Defer the FY09 cost of living adjustment. 1116 JOURNAL OF THE SENATE State General Funds ($3,499) ($3,499) ($3,499) ($3,499) 342.2 Defer special adjustments to selected job classes. State General Funds ($7,269) ($7,269) ($7,269) ($7,269) 342.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($33,959) ($36,483) ($36,483) ($36,483) 342.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,187 $2,187 $2,187 $2,187 342.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($29,859) ($29,859) ($29,859) 342.100-Commission Administration Appropriation (HB 118) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $702,021 $669,638 $669,638 $669,638 State General Funds $702,021 $669,638 $669,638 $669,638 TOTAL PUBLIC FUNDS $702,021 $669,638 $669,638 $669,638 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 $322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271 $322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271 $322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271 $322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271 343.1 Defer the FY09 cost of living adjustment. State General Funds ($1,954) ($1,954) ($1,954) ($1,954) THURSDAY, MARCH 5, 2009 1117 343.2 Defer special adjustments to selected job classes. State General Funds ($4,060) ($4,060) ($4,060) ($4,060) 343.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($14,504) ($15,582) ($15,582) ($15,582) 343.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $968 $968 $968 $968 343.5 Transfer funds from the Water Resources and Land Use Planning program for repairs to and maintenance of the Dawson field office. State General Funds $100,000 $100,000 $100,000 $100,000 343.100-Conservation of Agricultural Water Supplies Appropriation (HB 118) The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $402,750 $401,672 $401,672 $401,672 State General Funds $402,750 $401,672 $401,672 $401,672 TOTAL FEDERAL FUNDS $1,465,000 $1,465,000 $1,465,000 $1,465,000 Federal Funds Not Itemized $1,465,000 $1,465,000 $1,465,000 $1,465,000 TOTAL AGENCY FUNDS $2,351,971 $2,351,971 $2,351,971 $2,351,971 Intergovernmental Transfers $2,351,971 $2,351,971 $2,351,971 $2,351,971 Intergovernmental Transfers Not Itemized $2,351,971 $2,351,971 $2,351,971 $2,351,971 TOTAL PUBLIC FUNDS $4,219,721 $4,218,643 $4,218,643 $4,218,643 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 $1,656,609 $1,656,609 $252,500 $252,500 $50,000 $1,656,609 $1,656,609 $252,500 $252,500 $50,000 $1,656,609 $1,656,609 $252,500 $252,500 $50,000 $1,656,609 $1,656,609 $252,500 $252,500 $50,000 1118 JOURNAL OF THE SENATE 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 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730 344.1 Defer the FY09 cost of living adjustment. State General Funds ($14,216) ($14,216) ($14,216) ($14,216) 344.2 Defer special adjustments to selected job classes. State General Funds ($29,533) ($29,533) ($29,533) ($29,533) 344.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($72,991) ($78,424) ($78,424) ($78,424) 344.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,123 $2,123 $2,123 $2,123 344.5 Reduce funds and replace with existing federal funds. State General Funds ($46,000) ($46,000) ($46,000) ($46,000) 344.100-Conservation of Soil and Water Resources Appropriation (HB 118) 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 $1,495,992 $1,490,559 $1,490,559 $1,490,559 State General Funds $1,495,992 $1,490,559 $1,490,559 $1,490,559 TOTAL FEDERAL FUNDS $252,500 $252,500 $252,500 $252,500 Federal Funds Not Itemized $252,500 $252,500 $252,500 $252,500 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 $50,000 Intergovernmental Transfers $50,000 $50,000 $50,000 $50,000 THURSDAY, MARCH 5, 2009 1119 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 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,248,113 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,242,680 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,242,680 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,242,680 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 $98,810 $98,810 $98,810 $98,810 $98,810 $98,810 $98,810 $98,810 $98,810 $98,810 $98,810 $98,810 345.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($1,087) ($1,092) ($1,092) ($1,092) 345.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $37 $37 $37 $37 345.100-U.S.D.A. Flood Control Watershed Structures Appropriation (HB 118) The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $97,760 $97,755 $97,755 $97,755 State General Funds $97,760 $97,755 $97,755 $97,755 TOTAL PUBLIC FUNDS $97,760 $97,755 $97,755 $97,755 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. 1120 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $750,559 $750,559 $750,559 $750,559 $750,559 $750,559 $750,559 $750,559 $750,559 $750,559 $750,559 $750,559 346.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($217) ($300) ($300) ($300) 346.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $18 $18 $18 $18 346.3 Reduce funds from contracts. State General Funds ($343,000) ($343,000) ($343,000) ($343,000) 346.4 Reduce funds from personnel. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 346.5 Transfer funds to the Conservation of Soil and Water Resources program for repairs to and maintenance of the Dawson field office. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 346.100-Water Resources and Land Use Planning Appropriation (HB 118) 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 $287,360 $287,277 $287,277 $287,277 State General Funds $287,360 $287,277 $287,277 $287,277 TOTAL PUBLIC FUNDS $287,360 $287,277 $287,277 $287,277 Section 42: State Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services Section Total - Continuation $1,373,192 $1,186,583 $10,346 $176,263 $1,373,192 $1,186,583 $10,346 $176,263 $1,373,192 $1,186,583 $10,346 $176,263 $1,373,192 $1,186,583 $10,346 $176,263 THURSDAY, MARCH 5, 2009 1121 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $12,615,578 $12,615,578 $13,988,770 $12,615,578 $12,615,578 $13,988,770 $12,615,578 $12,615,578 $13,988,770 $12,615,578 $12,615,578 $13,988,770 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 - Final $1,373,192 $1,373,192 $1,186,583 $1,186,583 $10,346 $10,346 $176,263 $176,263 $11,022,499 $11,022,499 $11,022,499 $11,022,499 $12,395,691 $12,395,691 $1,373,192 $1,186,583 $10,346 $176,263 $11,022,499 $11,022,499 $12,395,691 $1,373,192 $1,186,583 $10,346 $176,263 $11,022,499 $11,022,499 $12,395,691 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 $1,293,708 $1,293,708 $1,293,708 $1,293,708 $0 $1,293,708 $1,293,708 $1,293,708 $1,293,708 347.1 Defer the FY09 cost of living adjustment. Merit System Assessments ($12,939) ($12,939) $0 $1,293,708 $1,293,708 $1,293,708 $1,293,708 ($12,939) $0 $1,293,708 $1,293,708 $1,293,708 $1,293,708 ($12,939) 347.100-Recruitment and Staffing Services Appropriation (HB 118) The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,280,769 $1,280,769 $1,280,769 State Funds Transfers $1,280,769 $1,280,769 $1,280,769 Merit System Assessments $1,280,769 $1,280,769 $1,280,769 TOTAL PUBLIC FUNDS $1,280,769 $1,280,769 $1,280,769 $1,280,769 $1,280,769 $1,280,769 $1,280,769 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 $0 1122 JOURNAL OF THE SENATE 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 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910 348.1 Defer the FY09 cost of living adjustment. Merit System Assessments ($116,184) ($116,184) ($116,184) 348.2 Reduce funds from the Enterprise Learning program and submit payment to the State Treasury. Merit System Assessments ($1,398,877) ($1,398,877) ($1,398,877) $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910 ($116,184) ($1,398,877) 348.100-System Administration Appropriation (HB 118) 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 $2,776,578 $2,776,578 $2,776,578 State Funds Transfers $2,776,578 $2,776,578 $2,776,578 Merit System Assessments $2,776,578 $2,776,578 $2,776,578 TOTAL PUBLIC FUNDS $2,878,849 $2,878,849 $2,878,849 $102,271 $102,271 $102,271 $2,776,578 $2,776,578 $2,776,578 $2,878,849 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 Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 THURSDAY, MARCH 5, 2009 1123 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS 349.1 Defer the FY09 cost of living adjustment. Merit System Assessments $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668 ($27,278) ($27,278) ($27,278) ($27,278) 349.100-Total Compensation and Rewards Appropriation (HB 118) 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 $1,270,921 Reserved Fund Balances $1,084,312 $1,084,312 $1,084,312 $1,084,312 Reserved Fund Balances Not Itemized $1,084,312 $1,084,312 $1,084,312 $1,084,312 Interest and Investment Income $10,346 $10,346 $10,346 $10,346 Interest and Investment Income Not Itemized $10,346 $10,346 $10,346 $10,346 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 $3,089,469 $3,089,469 $3,089,469 $3,089,469 State Funds Transfers $3,089,469 $3,089,469 $3,089,469 $3,089,469 Merit System Assessments $3,061,630 $3,061,630 $3,061,630 $3,061,630 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,360,390 $4,360,390 $4,360,390 $4,360,390 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 $0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484 $0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484 $0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484 $0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484 1124 JOURNAL OF THE SENATE 350.1 Defer the FY09 cost of living adjustment. Merit System Assessments ($37,801) ($37,801) ($37,801) ($37,801) 350.100-Workforce Development and Alignment Appropriation (HB 118) 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 $3,875,683 $3,875,683 $3,875,683 $3,875,683 State Funds Transfers $3,875,683 $3,875,683 $3,875,683 $3,875,683 Merit System Assessments $3,570,092 $3,570,092 $3,570,092 $3,570,092 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,875,683 $3,875,683 $3,875,683 $3,875,683 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 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 $576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634 $576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634 $576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634 $576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Final $572,008,283 $571,998,665 $28,839,706 $28,830,088 $543,168,577 $543,168,577 $520,653 $520,653 $520,653 $520,653 $12,472,493 $12,472,493 $575,875,072 $28,857,755 $547,017,317 $520,653 $520,653 $12,472,493 $575,370,734 $28,857,755 $546,512,979 $520,653 $520,653 $12,472,493 THURSDAY, MARCH 5, 2009 1125 Intergovernmental Transfers TOTAL PUBLIC FUNDS $12,472,493 $12,472,493 $12,472,493 $12,472,493 $585,001,429 $584,991,811 $588,868,218 $588,363,880 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 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 351.1 Increase funds to meet projected need. Lottery Proceeds $300,000 $300,000 $300,000 $300,000 351.100 -Accel Appropriation (HB 118) 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 $4,500,000 $4,500,000 $4,500,000 $4,500,000 Lottery Proceeds $4,500,000 $4,500,000 $4,500,000 $4,500,000 TOTAL PUBLIC FUNDS $4,500,000 $4,500,000 $4,500,000 $4,500,000 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 $710,000 $0 $710,000 $710,000 $710,000 $0 $710,000 $710,000 $710,000 $0 $710,000 $710,000 $710,000 $0 $710,000 $710,000 352.100-Engineer Scholarship Appropriation (HB 118) 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 $710,000 $710,000 $710,000 $710,000 Lottery Proceeds $710,000 $710,000 $710,000 $710,000 TOTAL PUBLIC FUNDS $710,000 $710,000 $710,000 $710,000 1126 JOURNAL OF THE SENATE 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 Lottery Proceeds TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 353.100-Georgia Military College Scholarship Appropriation (HB 118) 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 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,629,200 $1,629,200 $400,000 $400,000 $400,000 $2,029,200 $1,629,200 $1,629,200 $400,000 $400,000 $400,000 $2,029,200 $1,629,200 $1,629,200 $400,000 $400,000 $400,000 $2,029,200 $1,629,200 $1,629,200 $400,000 $400,000 $400,000 $2,029,200 354.1 Reduce funds to meet projected need. State General Funds ($700,000) ($700,000) ($700,000) ($700,000) 354.100-Governor's Scholarship Program Appropriation (HB 118) 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 $929,200 $929,200 $929,200 $929,200 State General Funds $929,200 $929,200 $929,200 $929,200 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 $400,000 Intergovernmental Transfers $400,000 $400,000 $400,000 $400,000 THURSDAY, MARCH 5, 2009 1127 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $400,000 $1,329,200 $400,000 $1,329,200 $400,000 $1,329,200 $400,000 $1,329,200 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 PUBLIC FUNDS $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 355.1 Reduce funds to meet projected need. State General Funds ($415,000) ($415,000) ($415,000) ($415,000) 355.100-Guaranteed Educational Loans Appropriation (HB 118) 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 $3,184,883 $3,184,883 $3,184,883 $3,184,883 State General Funds $3,184,883 $3,184,883 $3,184,883 $3,184,883 TOTAL PUBLIC FUNDS $3,184,883 $3,184,883 $3,184,883 $3,184,883 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $200,000 $200,000 $718,000 $718,000 $718,000 $918,000 $200,000 $200,000 $718,000 $718,000 $718,000 $918,000 $200,000 $200,000 $718,000 $718,000 $718,000 $918,000 $200,000 $200,000 $718,000 $718,000 $718,000 $918,000 356.1 Reduce funds to meet projected need. State General Funds ($120,000) ($120,000) ($120,000) ($120,000) 356.99 SAC: 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 spouses and children of such members. House: The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National 1128 JOURNAL OF THE SENATE Guard and U.S. Military Reservists who served in combat zones and the spouses and children of such members. Gov Rev: 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 spouses and children of such members. Governor: 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 spouses and children of such members. State General Funds $0 $0 $0 $0 356.100-HERO Scholarship Appropriation (HB 118) 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 spouses and children of such members. TOTAL STATE FUNDS $80,000 $80,000 $80,000 $80,000 State General Funds $80,000 $80,000 $80,000 $80,000 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 $798,000 $798,000 $798,000 $798,000 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 $5,488,608 $0 $5,488,608 $500,000 $500,000 $500,000 $5,988,608 $5,488,608 $0 $5,488,608 $500,000 $500,000 $500,000 $5,988,608 $5,488,608 $0 $5,488,608 $500,000 $500,000 $500,000 $5,988,608 $5,488,608 $0 $5,488,608 $500,000 $500,000 $500,000 $5,988,608 357.1 Defer the FY09 cost of living adjustment. Lottery Proceeds ($43,094) ($43,094) ($43,094) ($43,094) 357.2 Defer performance based salary adjustments. Lottery Proceeds ($17,238) ($17,238) ($17,238) ($17,238) 357.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits THURSDAY, MARCH 5, 2009 1129 (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) Lottery Proceeds ($171,045) ($171,045) ($171,045) ($130,012) 357.100-HOPE Administration Appropriation (HB 118) 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 $5,257,231 $5,257,231 $5,257,231 $5,298,264 Lottery Proceeds $5,257,231 $5,257,231 $5,257,231 $5,298,264 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 $5,757,231 $5,757,231 $5,757,231 $5,798,264 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $2,461,614 $0 $2,461,614 $2,461,614 $2,461,614 $0 $2,461,614 $2,461,614 $2,461,614 $0 $2,461,614 $2,461,614 $2,461,614 $0 $2,461,614 $2,461,614 358.1 Reduce funds to meet projected need. Lottery Proceeds ($104,960) ($104,960) ($104,960) ($104,960) 358.99 SAC: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. House: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Gov Rev: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Governor: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. State General Funds $0 $0 $0 $0 1130 JOURNAL OF THE SENATE 358.100-HOPE GED Appropriation (HB 118) The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. TOTAL STATE FUNDS $2,356,654 $2,356,654 $2,356,654 $2,356,654 Lottery Proceeds $2,356,654 $2,356,654 $2,356,654 $2,356,654 TOTAL PUBLIC FUNDS $2,356,654 $2,356,654 $2,356,654 $2,356,654 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 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 359.1 Increase funds to meet projected need. Lottery Proceeds $10,564,799 $10,564,799 $10,564,799 $10,564,799 359.100-HOPE Grant Appropriation (HB 118) 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 $123,816,042 $123,816,042 $123,816,042 $123,816,042 Lottery Proceeds $123,816,042 $123,816,042 $123,816,042 $123,816,042 TOTAL PUBLIC FUNDS $123,816,042 $123,816,042 $123,816,042 $123,816,042 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 Lottery Proceeds TOTAL PUBLIC FUNDS $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 360.1 Reduce funds to meet projected need. Lottery Proceeds ($9,854,343) ($9,854,343) ($9,854,343) ($9,854,343) THURSDAY, MARCH 5, 2009 1131 360.100-HOPE Scholarships - Private Schools Appropriation (HB 118) 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 $42,323,094 $42,323,094 $42,323,094 $42,323,094 Lottery Proceeds $42,323,094 $42,323,094 $42,323,094 $42,323,094 TOTAL PUBLIC FUNDS $42,323,094 $42,323,094 $42,323,094 $42,323,094 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 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 361.1 Reduce funds to meet projected need. (H and S:Transfer funds from the Pre-Kindergarten program) Lottery Proceeds ($2,743,137) ($2,743,137) $1,105,603 $560,232 361.100-HOPE Scholarships - Public Schools Appropriation (HB 118) 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 $351,533,022 $351,533,022 $355,381,762 $354,836,391 Lottery Proceeds $351,533,022 $351,533,022 $355,381,762 $354,836,391 TOTAL PUBLIC FUNDS $351,533,022 $351,533,022 $355,381,762 $354,836,391 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 118) 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. 1132 JOURNAL OF THE SENATE 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 $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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410 $766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410 $766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410 $766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410 363.100-Leveraging Educational Assistance Partnership Program Appropriation (HB 118) 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 $766,757 $766,757 $766,757 $766,757 State General Funds $766,757 $766,757 $766,757 $766,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 $520,653 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 $200,000 Intergovernmental Transfers $200,000 $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $1,487,410 $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 State General Funds $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 THURSDAY, MARCH 5, 2009 1133 TOTAL PUBLIC FUNDS 364.1 Increase funds to meet projected need. State General Funds $683,951 $453,812 $683,951 $453,812 $683,951 $453,812 $683,951 $453,812 364.100-North Georgia Military Scholarship Grants Appropriation (HB 118) 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 $1,137,763 $1,137,763 $1,137,763 $1,137,763 State General Funds $1,137,763 $1,137,763 $1,137,763 $1,137,763 TOTAL PUBLIC FUNDS $1,137,763 $1,137,763 $1,137,763 $1,137,763 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 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 365.1 Increase funds to meet projected need. State General Funds $27,667 $27,667 365.100-North Georgia ROTC Grants Appropriation (HB 118) 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 $507,479 $507,479 $535,146 $535,146 State General Funds $507,479 $507,479 $535,146 $535,146 TOTAL PUBLIC FUNDS $507,479 $507,479 $535,146 $535,146 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 1134 JOURNAL OF THE SENATE 366.100-Promise Scholarship Appropriation (HB 118) 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 Lottery Proceeds TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 367.100-Public Memorial Safety Grant Appropriation (HB 118) 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 Lottery Proceeds TOTAL PUBLIC FUNDS $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 $5,332,698 $5,332,698 $5,332,698 368.100-Teacher Scholarship Appropriation (HB 118) The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study. THURSDAY, MARCH 5, 2009 1135 TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS $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 $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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295 $23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295 $23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295 $23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295 369.1 Reduce funds to meet projected need. State General Funds ($1,864,721) ($1,864,721) ($1,864,721) ($1,864,721) 369.100-Tuition Equalization Grants Appropriation (HB 118) 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 $21,447,081 $21,447,081 $21,447,081 $21,447,081 State General Funds $21,447,081 $21,447,081 $21,447,081 $21,447,081 TOTAL AGENCY FUNDS $10,654,493 $10,654,493 $10,654,493 $10,654,493 Intergovernmental Transfers $10,654,493 $10,654,493 $10,654,493 $10,654,493 Intergovernmental Transfers Not Itemized $10,654,493 $10,654,493 $10,654,493 $10,654,493 TOTAL PUBLIC FUNDS $32,101,574 $32,101,574 $32,101,574 $32,101,574 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 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 1136 JOURNAL OF THE SENATE 370.1 Defer the FY09 cost of living adjustment. State General Funds ($8,538) ($8,538) ($8,538) ($8,538) 370.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($41,238) ($43,500) ($43,500) ($43,500) 370.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,498 $1,498 $1,498 $1,498 370.4 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 370.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,356) ($7,356) ($7,356) 370.100-Nonpublic Postsecondary Education Commission Appropriation (HB 118) 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 $735,632 $726,014 $726,014 $726,014 State General Funds $735,632 $726,014 $726,014 $726,014 TOTAL PUBLIC FUNDS $735,632 $726,014 $726,014 $726,014 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 $1,523,000 $1,523,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,208,277 $1,523,000 $1,523,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,208,277 $1,523,000 $1,523,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,208,277 $1,523,000 $1,523,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,208,277 THURSDAY, MARCH 5, 2009 1137 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 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $448,481 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,236,796 $28,208,277 $28,208,277 $1,368,000 $1,368,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,053,277 $1,368,000 $1,368,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,053,277 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 State General Funds TOTAL PUBLIC FUNDS $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 371.1 Reduce funds based on projected lapse. State General Funds ($155,000) ($155,000) 371.100-Floor/COLA, Local System Fund Appropriation (HB 118) 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 $1,523,000 $1,523,000 $1,368,000 $1,368,000 State General Funds $1,523,000 $1,523,000 $1,368,000 $1,368,000 TOTAL PUBLIC FUNDS $1,523,000 $1,523,000 $1,368,000 $1,368,000 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 $26,236,796 $26,236,796 $0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 1138 JOURNAL OF THE SENATE Retirement Payments TOTAL PUBLIC FUNDS $26,236,796 $26,685,277 $26,236,796 $26,685,277 $26,236,796 $26,685,277 $26,236,796 $26,685,277 372.100-System Administration Appropriation (HB 118) 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 $26,236,796 $26,236,796 $26,236,796 $26,236,796 State Funds Transfers $26,236,796 $26,236,796 $26,236,796 $26,236,796 Retirement Payments $26,236,796 $26,236,796 $26,236,796 $26,236,796 TOTAL PUBLIC FUNDS $26,685,277 $26,685,277 $26,685,277 $26,685,277 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 College System of Georgia 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 TOTAL PUBLIC FUNDS Section Total - Continuation $370,975,007 $370,975,007 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 $370,975,007 $370,975,007 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 $370,975,007 $370,975,007 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 $370,975,007 $370,975,007 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 TOTAL STATE FUNDS Section Total - Final $322,850,679 $319,208,711 $319,183,711 $319,433,711 THURSDAY, MARCH 5, 2009 1139 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 TOTAL PUBLIC FUNDS $322,850,679 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $574,965,679 $319,208,711 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $571,323,711 $319,183,711 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $571,298,711 $319,433,711 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $571,548,711 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 $16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $34,897,100 $16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $34,897,100 $16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $34,897,100 $16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $34,897,100 373.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($537,600) ($572,988) ($572,988) ($572,988) 373.2 Reduce funds from Adult Literacy grants. State General Funds ($1,449,094) ($1,449,094) ($1,449,094) ($1,449,094) 373.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($112,690) ($112,690) ($112,690) 1140 JOURNAL OF THE SENATE 373.100-Adult Literacy Appropriation (HB 118) 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 $14,310,406 $14,162,328 $14,162,328 $14,162,328 State General Funds $14,310,406 $14,162,328 $14,162,328 $14,162,328 TOTAL FEDERAL FUNDS $15,400,000 $15,400,000 $15,400,000 $15,400,000 Federal Funds Not Itemized $15,400,000 $15,400,000 $15,400,000 $15,400,000 TOTAL AGENCY FUNDS $3,200,000 $3,200,000 $3,200,000 $3,200,000 Sales and Services $3,200,000 $3,200,000 $3,200,000 $3,200,000 Sales and Services Not Itemized $3,200,000 $3,200,000 $3,200,000 $3,200,000 TOTAL PUBLIC FUNDS $32,910,406 $32,762,328 $32,762,328 $32,762,328 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements 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 $10,213,558 $10,213,558 $3,800,000 $3,750,000 $50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $15,453,558 $10,213,558 $10,213,558 $3,800,000 $3,750,000 $50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $15,453,558 $10,213,558 $10,213,558 $3,800,000 $3,750,000 $50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $15,453,558 $10,213,558 $10,213,558 $3,800,000 $3,750,000 $50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $15,453,558 374.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits THURSDAY, MARCH 5, 2009 1141 (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($410,034) ($437,025) ($437,025) ($437,025) 374.2 Reduce funds from operations. State General Funds ($204,443) ($204,443) ($204,443) ($204,443) 374.3 Reduce funds from personnel. State General Funds ($903,118) ($903,118) ($903,118) ($903,118) 374.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($68,478) ($68,478) ($68,478) 374.100-Departmental Administration Appropriation (HB 118) 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 $8,695,963 $8,600,494 $8,600,494 $8,600,494 State General Funds $8,695,963 $8,600,494 $8,600,494 $8,600,494 TOTAL FEDERAL FUNDS $3,800,000 $3,800,000 $3,800,000 $3,800,000 Federal Funds Not Itemized $3,750,000 $3,750,000 $3,750,000 $3,750,000 Temporary Assistance for Needy Families $50,000 $50,000 $50,000 $50,000 Temporary Assistance for Needy Families Grant CFDA93.558 $50,000 $50,000 $50,000 $50,000 TOTAL AGENCY FUNDS $1,400,000 $1,400,000 $1,400,000 $1,400,000 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 $1,300,000 $1,300,000 $1,300,000 $1,300,000 Sales and Services Not Itemized $1,300,000 $1,300,000 $1,300,000 $1,300,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $40,000 $40,000 $40,000 $40,000 State Funds Transfers $40,000 $40,000 $40,000 $40,000 Agency to Agency Contracts $40,000 $40,000 $40,000 $40,000 TOTAL PUBLIC FUNDS $13,935,963 $13,840,494 $13,840,494 $13,840,494 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. 1142 JOURNAL OF THE SENATE 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 $16,719,604 $16,719,604 $300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604 $16,719,604 $16,719,604 $300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604 $16,719,604 $16,719,604 $300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604 $16,719,604 $16,719,604 $300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604 375.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($303,729) ($323,722) ($323,722) ($323,722) 375.2 Reduce funds. State General Funds ($1,407,476) ($1,407,476) ($1,407,476) ($1,407,476) 375.3 Eliminate funds for a post-graduate engineering program at Chattahoochee Technical College. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 375.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($116,612) ($116,612) ($116,612) 375.100-Quick Start and Customized Services Appropriation (HB 118) 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 $14,808,399 $14,671,794 $14,671,794 $14,671,794 State General Funds $14,808,399 $14,671,794 $14,671,794 $14,671,794 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL AGENCY FUNDS $8,975,000 $8,975,000 $8,975,000 $8,975,000 Sales and Services $8,975,000 $8,975,000 $8,975,000 $8,975,000 Sales and Services Not Itemized $8,975,000 $8,975,000 $8,975,000 $8,975,000 TOTAL PUBLIC FUNDS $24,083,399 $23,946,794 $23,946,794 $23,946,794 THURSDAY, MARCH 5, 2009 1143 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $327,744,745 $327,744,745 $41,000,000 $37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745 $327,744,745 $327,744,745 $41,000,000 $37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745 $327,744,745 $327,744,745 $41,000,000 $37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745 $327,744,745 $327,744,745 $41,000,000 $37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745 376.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($15,453,722) ($16,470,966) ($16,470,966) ($16,470,966) 376.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $572,024 $572,024 $572,024 $572,024 376.3 Reduce funds from formula funding for the technical colleges. State General Funds ($26,531,068) ($26,531,068) ($26,531,068) ($26,531,068) 376.4 Reduce funds from the Regents Program. State General Funds ($296,068) ($296,068) ($296,068) ($296,068) 376.5 Reduce funds from Career Academies. (S:Restore funds for the final quarter of the fiscal year) State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($750,000) 376.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,244,572) ($2,244,572) ($2,244,572) 376.7 Reduce funds to recognize early savings from the consolidation of fourteen colleges. 1144 JOURNAL OF THE SENATE State General Funds ($25,000) ($25,000) 376.100-Technical Education Appropriation (HB 118) 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 $285,035,911 $281,774,095 $281,749,095 $281,999,095 State General Funds $285,035,911 $281,774,095 $281,749,095 $281,999,095 TOTAL FEDERAL FUNDS $41,000,000 $41,000,000 $41,000,000 $41,000,000 Federal Funds Not Itemized $37,300,758 $37,300,758 $37,300,758 $37,300,758 Temporary Assistance for Needy Families $3,699,242 $3,699,242 $3,699,242 $3,699,242 Temporary Assistance for Needy Families Grant CFDA93.558 $3,699,242 $3,699,242 $3,699,242 $3,699,242 TOTAL AGENCY FUNDS $178,000,000 $178,000,000 $178,000,000 $178,000,000 Sales and Services $178,000,000 $178,000,000 $178,000,000 $178,000,000 Sales and Services Not Itemized $178,000,000 $178,000,000 $178,000,000 $178,000,000 TOTAL PUBLIC FUNDS $504,035,911 $500,774,095 $500,749,095 $500,999,095 Section 46: Transportation, Department of Section Total - Continuation TOTAL STATE FUNDS $856,216,563 State General Funds $29,659,047 State Motor Fuel Funds $826,557,516 TOTAL FEDERAL FUNDS $1,269,017,438 Federal Funds Not Itemized $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,242,517,438 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 $2,132,651,337 $856,216,563 $29,659,047 $826,557,516 $1,269,017,438 $26,500,000 $1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,132,651,337 $856,216,563 $29,659,047 $826,557,516 $1,269,017,438 $26,500,000 $1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,132,651,337 $856,216,563 $29,659,047 $826,557,516 $1,269,017,438 $26,500,000 $1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,132,651,337 TOTAL STATE FUNDS Section Total - Final $853,501,306 $865,151,350 $865,093,794 $865,093,794 THURSDAY, MARCH 5, 2009 1145 State General Funds $25,072,781 $24,806,356 $24,284,702 $24,284,702 State Motor Fuel Funds $828,428,525 $840,344,994 $840,809,092 $840,809,092 TOTAL FEDERAL FUNDS $1,269,017,438 $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 $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205$1,242,517,438 $1,242,517,438 $1,242,517,438 $1,242,517,438 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 State Funds Transfers $657,795 $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,129,936,080 $2,141,586,124 $2,141,528,568 $2,141,528,568 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 $2,310,310 $2,310,310 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105 $2,310,310 $2,310,310 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105 $2,310,310 $2,310,310 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105 $2,310,310 $2,310,310 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105 377.1 Defer the FY09 cost of living adjustment. State General Funds ($17,501) ($17,501) ($17,501) ($17,501) 377.2 Defer structure adjustments to the statewide salary plan. State General Funds ($34,545) ($34,545) ($34,545) ($34,545) 377.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($88,092) ($96,889) ($96,889) ($96,889) 1146 JOURNAL OF THE SENATE 377.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $6,069 $6,069 $6,069 $6,069 377.100-Air Transportation Appropriation (HB 118) 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 $2,176,241 $2,167,444 $2,167,444 $2,167,444 State General Funds $2,176,241 $2,167,444 $2,167,444 $2,167,444 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 $3,109,036 $3,100,239 $3,100,239 $3,100,239 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 $16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457 $16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457 $16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457 $16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457 378.1 Defer the FY09 cost of living adjustment. State General Funds ($3,866) ($3,866) ($3,866) ($3,866) 378.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($28,675) ($30,787) ($30,787) ($30,787) 378.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. THURSDAY, MARCH 5, 2009 1147 State General Funds $4,469 $4,469 $4,469 378.4 Reduce funds from grants for the Georgia Airport Aid program for pavement maintenance projects. State General Funds ($1,731,858) ($1,731,858) ($1,731,858) 378.5 Reduce funds from maintenance. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 378.6 Reduce funds from personnel. State General Funds ($150,000) ($150,000) ($150,000) $4,469 ($1,731,858) ($1,500,000) ($150,000) 378.100-Airport Aid Appropriation (HB 118) 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 $13,045,527 $13,043,415 $13,043,415 $13,043,415 State General Funds $13,045,527 $13,043,415 $13,043,415 $13,043,415 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 $19,545,527 $19,543,415 $19,543,415 $19,543,415 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 $4,665,832 $901,055 $3,764,777 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,998,346 $4,665,832 $901,055 $3,764,777 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,998,346 $4,665,832 $901,055 $3,764,777 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,998,346 $4,665,832 $901,055 $3,764,777 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,998,346 379.1 Defer the FY09 cost of living adjustment and transfer motor fuel funds to the State Highway System Construction and Improvement program for Capital Outlay projects. 1148 JOURNAL OF THE SENATE State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS ($9,865) ($75,954) ($85,819) ($9,865) ($75,954) ($85,819) ($9,865) ($75,954) ($85,819) ($9,865) ($75,954) ($85,819) 379.2 Defer performance based salary adjustments and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($24,857) ($24,857) ($24,857) ($24,857) 379.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS ($31,348) ($288,681) ($320,029) ($31,348) ($288,681) ($320,029) ($31,348) ($288,681) ($320,029) ($31,348) ($288,681) ($320,029) 379.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $266,972 $266,972 $266,972 $266,972 379.5 Reduce funds and realize savings achieved with the relocation of the Crash Reporting Unit to the Traffic Management Center. State General Funds ($54,100) ($54,100) ($54,100) ($54,100) 379.6 Reduce funds from operations and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($216,102) ($216,102) ($216,102) ($216,102) 379.7 Reduce funds from fifteen vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($458,678) ($458,678) ($458,678) ($458,678) 379.8 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($29,893) ($29,893) ($29,893) ($29,893) 379.9 Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($1,598,055) ($1,598,055) ($1,598,055) ($1,598,055) THURSDAY, MARCH 5, 2009 1149 379.100-Data Collection, Compliance and Reporting Appropriation (HB 118) 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 $2,145,271 $2,145,271 $2,145,271 $2,145,271 State General Funds $1,072,714 $1,072,714 $1,072,714 $1,072,714 State Motor Fuel Funds $1,072,557 $1,072,557 $1,072,557 $1,072,557 TOTAL FEDERAL FUNDS $8,270,257 $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 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $10,477,785 $10,477,785 $10,477,785 $10,477,785 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 $68,478,140 $638,837 $67,839,303 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $80,216,933 $68,478,140 $638,837 $67,839,303 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $80,216,933 $68,478,140 $638,837 $67,839,303 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $80,216,933 $68,478,140 $638,837 $67,839,303 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $80,216,933 380.1 Defer the FY09 cost of living adjustment and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($605,950) ($605,950) ($605,950) ($605,950) 380.2 Defer performance based salary adjustments and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($242,380) ($242,380) ($242,380) ($242,380) 1150 JOURNAL OF THE SENATE 380.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State Motor Fuel Funds ($2,814,916) ($2,814,916) ($2,814,916) ($2,814,916) 380.4 Reduce funds from contracts and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($5,421,038) ($5,421,038) ($5,421,038) ($5,421,038) 380.5 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($4,978,054) ($4,978,054) ($4,978,054) ($4,978,054) 380.6 Eliminate one vacant position and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($21,607) ($21,607) ($21,607) ($21,607) 380.7 Reduce funds from vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($50,999) ($50,999) ($50,999) ($50,999) 380.8 Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($385,001) ($385,001) ($385,001) ($385,001) 380.9 Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($5,165,502) ($5,165,502) ($5,165,502) ($5,165,502) 380.10 Reduce funds from personnel and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($1,719,134) ($1,719,134) ($1,719,134) ($1,719,134) 380.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($250,728) ($250,728) ($250,728) 380.100-Departmental Administration Appropriation (HB 118) The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and THURSDAY, MARCH 5, 2009 1151 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 $47,073,559 $46,822,831 $46,822,831 $46,822,831 State General Funds $638,837 $388,109 $388,109 $388,109 State Motor Fuel Funds $46,434,722 $46,434,722 $46,434,722 $46,434,722 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 $58,812,352 $58,561,624 $58,561,624 $58,561,624 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 $156,700,606 $0 $156,700,606 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $226,954,509 $156,700,606 $0 $156,700,606 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $226,954,509 $156,700,606 $0 $156,700,606 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $226,954,509 $156,700,606 $0 $156,700,606 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $226,954,509 381.1 Defer the FY09 cost of living adjustment and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($266,051) ($266,051) ($266,051) ($266,051) 381.2 Defer performance based salary adjustments and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($132,513) ($132,513) ($132,513) ($132,513) 381.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect 1152 JOURNAL OF THE SENATE an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State Motor Fuel Funds ($1,538,960) ($1,538,960) ($1,538,960) ($1,538,960) 381.4 Reduce funds from the Local Road Assistance Program and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($20,247,427) ($20,247,427) ($20,247,427) ($20,247,427) 381.5 Reduce funds from Off-System projects and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($11,000,000) ($11,000,000) ($11,000,000) ($11,000,000) 381.6 Reduce funds from Most Needed projects and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($6,600,000) ($6,600,000) ($6,600,000) ($6,600,000) 381.7 Reduce funds from motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($109,000) ($109,000) ($109,000) ($109,000) 381.8 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program. State Motor Fuel Funds ($95,660) ($95,660) ($95,660) ($95,660) 381.9 Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($14,921,095) ($14,921,095) ($14,921,095) ($14,921,095) 381.10 Reduce funds from operations and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($1,050,009) ($1,050,009) ($1,050,009) ($1,050,009) 381.11 Reduce funds from contracts and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($633,104) ($633,104) ($633,104) ($633,104) 381.12 Reduce funds from vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($752,745) ($752,745) ($752,745) ($752,745) THURSDAY, MARCH 5, 2009 1153 381.100-Local Road Assistance Appropriation (HB 118) 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 $99,354,042 $99,354,042 $99,354,042 $99,354,042 State Motor Fuel Funds $99,354,042 $99,354,042 $99,354,042 $99,354,042 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 $169,607,945 $169,607,945 $169,607,945 $169,607,945 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 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 382.1 Defer the FY09 cost of living adjustment. State General Funds ($2,211) ($2,211) ($2,211) ($2,211) 382.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($11,054) ($11,868) ($11,868) ($11,868) 382.3 Reduce funds received in HB1027 (FY07G) to pay litigation costs associated with a condemnation lawsuit with the South Carolina Ports Authority. State General Funds ($275,015) ($275,015) ($275,015) ($275,015) 382.4 Reduce funds for the remainder of FY09 and contract with the Georgia Ports Authority for dike and harbor maintenance and mosquito control. (H:Reduce litigation funds no longer needed)(S:Contract with Georgia Ports Authority for harbor maintenance and mosquito control) State General Funds ($500,000) ($500,000) 1154 JOURNAL OF THE SENATE 382.100-Ports and Waterways Appropriation (HB 118) 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 $1,240,607 $1,239,793 $739,793 $739,793 State General Funds $1,240,607 $1,239,793 $739,793 $739,793 TOTAL PUBLIC FUNDS $1,240,607 $1,239,793 $739,793 $739,793 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 $303,647 $303,647 $88,239 $88,239 $88,239 $391,886 $303,647 $303,647 $88,239 $88,239 $88,239 $391,886 $303,647 $303,647 $88,239 $88,239 $88,239 $391,886 $303,647 $303,647 $88,239 $88,239 $88,239 $391,886 383.1 Defer the FY09 cost of living adjustment. State General Funds ($4,060) ($4,060) ($4,060) ($4,060) 383.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($15,013) ($16,119) ($16,119) ($16,119) 383.3 Reduce funds from the Georgia Rail Passenger Authority Board. State General Funds ($2,406) ($2,406) ($24,060) ($24,060) 383.100 -Rail Appropriation (HB 118) 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 $282,168 $281,062 $259,408 $259,408 State General Funds $282,168 $281,062 $259,408 $259,408 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 $88,239 Sales and Services $88,239 $88,239 $88,239 $88,239 THURSDAY, MARCH 5, 2009 1155 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $88,239 $370,407 $88,239 $369,301 $88,239 $347,647 $88,239 $347,647 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 $284,919,481 State General Funds $0 State Motor Fuel Funds $284,919,481 TOTAL FEDERAL FUNDS $964,973,294 Federal Highway Admin.-Planning & Construction CFDA20.205 $964,973,294 TOTAL AGENCY FUNDS $165,000 Intergovernmental Transfers $165,000 Intergovernmental Transfers Not Itemized $165,000 TOTAL PUBLIC FUNDS $1,250,057,775 $284,919,481 $0 $284,919,481 $964,973,294 $964,973,294 $165,000 $165,000 $165,000 $1,250,057,775 $284,919,481 $0 $284,919,481 $964,973,294 $964,973,294 $165,000 $165,000 $165,000 $1,250,057,775 $284,919,481 $0 $284,919,481 $964,973,294 $964,973,294 $165,000 $165,000 $165,000 $1,250,057,775 384.1 Defer the FY09 cost of living adjustment and use funds for Capital Outlay projects. State Motor Fuel Funds ($1,046,665) ($1,046,665) ($1,046,665) ($1,046,665) 384.2 Defer performance based salary adjustments and use funds for Capital Outlay projects. State Motor Fuel Funds ($418,666) ($418,666) ($418,666) ($418,666) 384.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State Motor Fuel Funds ($4,862,238) ($4,862,238) ($4,862,238) ($4,862,238) 384.4 Reduce funds for Most Needed systems and use funds for Capital Outlay projects. State Motor Fuel Funds ($4,400,000) ($4,400,000) ($4,400,000) ($4,400,000) 384.5 Transfer funds from the Departmental Administration program ($21,404,581), Data Collection, Compliance and Reporting program ($2,692,220), Local Road Assistance program ($57,346,564), State Highway System Maintenance program ($12,356,057), and State Highway System Operations program ($18,995,424) for Capital Outlay projects. (H and S:Transfer funds from the Departmental Administration program ($21,404,581), Data Collection, Compliance and Reporting program ($2,692,220), Local Road Assistance program ($57,346,564), Payments to State Road and Tollway Authority ($33,100,000), State Highway System Maintenance program ($12,356,057), and State Highway System Operations program ($18,995,424) 1156 JOURNAL OF THE SENATE for Capital Outlay projects) State Motor Fuel Funds $112,794,846 $112,794,846 $145,894,846 384.6 Reduce state matching funds and use funds for Capital Outlay projects. State Motor Fuel Funds ($72,043,759) ($72,043,759) ($72,043,759) 384.7 Reduce funds from operations and use funds for Capital Outlay projects. State Motor Fuel Funds ($1,492,510) ($1,492,510) ($1,492,510) 384.8 Reduce funds from contracts and use funds for Capital Outlay projects. State Motor Fuel Funds ($7,246,144) ($7,246,144) ($7,246,144) 384.9 Reduce funds from personnel and use funds for Capital Outlay projects. State Motor Fuel Funds ($1,391,367) ($1,391,367) ($1,391,367) 384.10 Increase funds for Capital Outlay projects. State Motor Fuel Funds $92,901,349 $92,901,349 $92,901,349 384.11 Utilize remaining funds for the Georgia Highway Authority for Capital Outlay projects. (H:YES)(S:YES) Intergovernmental Transfers Not Itemized $0 $145,894,846 ($72,043,759) ($1,492,510) ($7,246,144) ($1,391,367) $92,901,349 $0 384.100-State Highway System Construction and Improvement Appropriation (HB 118) 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 $397,714,327 $397,714,327 $430,814,327 $430,814,327 State Motor Fuel Funds $397,714,327 $397,714,327 $430,814,327 $430,814,327 TOTAL FEDERAL FUNDS $964,973,294 $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 $964,973,294 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 $1,362,852,621 $1,362,852,621 $1,395,952,621 $1,395,952,621 State Highway System Maintenance Continuation Budget The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $192,591,918 $192,591,918 $192,591,918 $192,591,918 THURSDAY, MARCH 5, 2009 1157 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 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 385.1 Reduce funds for the FY09 pay raise and use for Capital Outlay projects. State Motor Fuel Funds ($1,607,097) ($1,607,097) ($1,607,097) ($1,607,097) 385.2 Defer performance based salary adjustments and use for Capital Outlay projects. State Motor Fuel Funds ($549,106) ($549,106) ($549,106) ($549,106) 385.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State Motor Fuel Funds ($6,377,117) ($6,377,117) ($6,377,117) ($6,377,117) 385.4 Reduce funds from vehicle purchases and use for Capital Outlay projects. State Motor Fuel Funds ($1,207,751) ($1,207,751) ($1,207,751) ($1,207,751) 385.5 Reduce funds from the State Forces 107 program and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($4,000,000) ($4,000,000) ($4,000,000) ($4,000,000) 385.6 Reduce funds from 126 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($3,814,180) ($3,814,180) ($3,814,180) ($3,814,180) 385.7 Reduce funds from equipment purchases and use for Capital Outlay projects. State Motor Fuel Funds ($96,813) ($96,813) ($96,813) ($96,813) 385.8 Reduce state matching funds and use for Capital Outlay projects. State Motor Fuel Funds ($38,356,709) ($38,356,709) ($38,356,709) ($38,356,709) 385.9 Increase funds from Capital Outlay projects. State Motor Fuel Funds $61,195,454 $61,195,454 $61,195,454 $61,195,454 1158 JOURNAL OF THE SENATE 385.10 Reduce funds from operations and use for Capital Outlay projects. State Motor Fuel Funds ($5,988,477) ($5,988,477) ($5,988,477) ($5,988,477) 385.11 Reduce funds from contracts and use for Capital Outlay projects. State Motor Fuel Funds ($643,447) ($643,447) ($643,447) ($643,447) 385.12 Reduce funds from personnel and use for Capital Outlay projects. State Motor Fuel Funds ($4,497,928) ($4,497,928) ($4,497,928) ($4,497,928) 385.13 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($4,541,877) ($4,541,877) ($4,541,877) ($4,541,877) 385.100-State Highway System Maintenance Appropriation (HB 118) The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $182,106,870 $182,106,870 $182,106,870 State Motor Fuel Funds $182,106,870 $182,106,870 $182,106,870 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 $335,854,324 $335,854,324 $335,854,324 $182,106,870 $182,106,870 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $335,854,324 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 $26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $66,188,427 $26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $66,188,427 $26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $66,188,427 $26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $66,188,427 THURSDAY, MARCH 5, 2009 1159 386.1 Reduce funds for the FY09 pay raise and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($318,115) ($318,115) ($318,115) ($318,115) 386.2 Defer performance based salary adjustments and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($137,013) ($137,013) ($137,013) ($137,013) 386.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State Motor Fuel Funds ($1,591,211) ($1,591,211) ($1,591,211) ($1,591,211) 386.4 Reduce funds from operations and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($3,212,825) ($3,212,825) ($3,212,825) ($3,212,825) 386.5 Reduce funds from personnel and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($999,157) ($999,157) ($999,157) ($999,157) 386.6 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($261,571) ($261,571) ($261,571) ($261,571) 386.7 Reduce funds from 127 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($3,847,971) ($3,847,971) ($3,847,971) ($3,847,971) 386.8 Reduce funds from vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($131,000) ($131,000) ($131,000) ($131,000) 386.9 Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($8,496,561) ($8,496,561) ($8,496,561) ($8,496,561) 1160 JOURNAL OF THE SENATE 386.100-State Highway System Operations Appropriation (HB 118) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $7,496,221 $7,496,221 $7,496,221 $7,496,221 State Motor Fuel Funds $7,496,221 $7,496,221 $7,496,221 $7,496,221 TOTAL FEDERAL FUNDS $35,670,542 $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 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $47,193,003 $47,193,003 $47,193,003 $47,193,003 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 $7,520,854 $7,520,854 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,526,854 $7,520,854 $7,520,854 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,526,854 $7,520,854 $7,520,854 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,526,854 $7,520,854 $7,520,854 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,526,854 387.1 Defer the FY09 cost of living adjustment. State General Funds ($8,403) ($8,403) ($8,403) ($8,403) 387.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($38,939) ($41,807) ($41,807) ($41,807) 387.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $18,989 $18,989 $18,989 $18,989 THURSDAY, MARCH 5, 2009 1161 387.4 Reduce funds from grants for local transit agencies for replacement buses, vans, and other capital maintenance items. State General Funds ($875,814) ($875,814) ($875,814) ($875,814) 387.100 -Transit Appropriation (HB 118) The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems. TOTAL STATE FUNDS $6,616,687 $6,613,819 $6,613,819 $6,613,819 State General Funds $6,616,687 $6,613,819 $6,613,819 $6,613,819 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $26,622,687 $26,619,819 $26,619,819 $26,619,819 Payments to the State Road and Tollway Authority Continuation Budget 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. TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $94,249,786 $0 $94,249,786 $94,249,786 $94,249,786 $0 $94,249,786 $94,249,786 $94,249,786 $0 $94,249,786 $94,249,786 $94,249,786 $0 $94,249,786 $94,249,786 388.1 Increase funds for the required debt service on issued GARVEE bonds for the Governor's Fast Forward program. State Motor Fuel Funds $11,916,469 $12,380,567 $12,380,567 388.2 Reduce funds received in HB990 (FY09G) for the State Transportation Infrastructure Bank ($28,100,000) and the Community Improvement District (CID) Congestion Relief Fund ($5,000,000) and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. State Motor Fuel Funds ($33,100,000) ($33,100,000) 388.100-Payments to the State Road and Tollway Authority Appropriation (HB 118) The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service 1162 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 $94,249,786 $106,166,255 $73,530,353 $73,530,353 State Motor Fuel Funds $94,249,786 $106,166,255 $73,530,353 $73,530,353 TOTAL PUBLIC FUNDS $94,249,786 $106,166,255 $73,530,353 $73,530,353 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 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 Section Total - Continuation $25,701,669 $25,701,669 $25,701,669 $25,701,669 $25,701,669 $25,701,669 $25,701,669 $25,701,669 THURSDAY, MARCH 5, 2009 1163 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $20,140,280 $20,140,280 $45,841,949 $20,140,280 $20,140,280 $45,841,949 $20,140,280 $20,140,280 $45,841,949 $20,140,280 $20,140,280 $45,841,949 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $22,835,318 $22,807,280 $22,835,318 $22,807,280 $18,875,370 $18,875,370 $18,875,370 $18,875,370 $41,710,688 $41,682,650 $22,807,280 $22,807,280 $18,875,370 $18,875,370 $41,682,650 $22,807,280 $22,807,280 $18,875,370 $18,875,370 $41,682,650 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 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 389.1 Defer the FY09 cost of living adjustment. State General Funds ($6,361) ($6,361) ($6,361) ($6,361) 389.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($37,572) ($40,339) ($40,339) ($40,339) 389.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,086 $4,086 $4,086 $4,086 389.4 Reduce funds received in HB990 (FY09G) and delay the hiring of two counselors, a records clerk, and an administrative person. State General Funds ($113,142) ($113,142) ($113,142) ($113,142) 389.5 Transfer funds from the Veterans Benefits program to meet projected expenditures. State General Funds $500,000 $500,000 $500,000 $500,000 1164 JOURNAL OF THE SENATE 389.100-Departmental Administration Appropriation (HB 118) 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 $1,197,671 $1,194,904 $1,194,904 $1,194,904 State General Funds $1,197,671 $1,194,904 $1,194,904 $1,194,904 TOTAL PUBLIC FUNDS $1,197,671 $1,194,904 $1,194,904 $1,194,904 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 $570,702 $570,702 $35,700 $35,700 $606,402 $570,702 $570,702 $35,700 $35,700 $606,402 $570,702 $570,702 $35,700 $35,700 $606,402 $570,702 $570,702 $35,700 $35,700 $606,402 390.1 Defer the FY09 cost of living adjustment. State General Funds ($4,294) ($4,294) ($4,294) ($4,294) 390.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($28,056) ($30,122) ($30,122) ($30,122) 390.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $173 $173 $173 $173 390.100-Georgia Veterans Memorial Cemetery Appropriation (HB 118) 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 $538,525 $536,459 $536,459 $536,459 State General Funds $538,525 $536,459 $536,459 $536,459 TOTAL FEDERAL FUNDS $35,700 $35,700 $35,700 $35,700 Federal Funds Not Itemized $35,700 $35,700 $35,700 $35,700 TOTAL PUBLIC FUNDS $574,225 $572,159 $572,159 $572,159 THURSDAY, MARCH 5, 2009 1165 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 $6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582 $6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582 $6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582 $6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582 391.1 Reduce funds and payments to the Medical College of Georgia for operations. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($373,110) ($286,910) ($660,020) ($373,110) ($286,910) ($660,020) ($373,110) ($286,910) ($660,020) ($373,110) ($286,910) ($660,020) 391.100-Georgia War Veterans Nursing Home - Augusta Appropriation (HB 118) 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 $5,755,916 $5,755,916 $5,755,916 $5,755,916 State General Funds $5,755,916 $5,755,916 $5,755,916 $5,755,916 TOTAL FEDERAL FUNDS $5,534,646 $5,534,646 $5,534,646 $5,534,646 Federal Funds Not Itemized $5,534,646 $5,534,646 $5,534,646 $5,534,646 TOTAL PUBLIC FUNDS $11,290,562 $11,290,562 $11,290,562 $11,290,562 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $11,502,288 $11,502,288 $9,659,584 $9,659,584 $21,161,872 $11,502,288 $11,502,288 $9,659,584 $9,659,584 $21,161,872 $11,502,288 $11,502,288 $9,659,584 $9,659,584 $21,161,872 $11,502,288 $11,502,288 $9,659,584 $9,659,584 $21,161,872 392.1 Reduce funds from the Georgia War Veterans Home Domiciliary and close the facility. State General Funds Federal Funds Not Itemized ($1,349,718) ($978,000) ($1,349,718) ($978,000) ($1,349,718) ($978,000) ($1,349,718) ($978,000) 1166 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS ($2,327,718) ($2,327,718) ($2,327,718) ($2,327,718) 392.99 SAC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. House: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Gov Rev: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Governor: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. State General Funds $0 $0 $0 392.100-Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 118) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $10,152,570 $10,152,570 $10,152,570 State General Funds $10,152,570 $10,152,570 $10,152,570 TOTAL FEDERAL FUNDS $8,681,584 $8,681,584 $8,681,584 Federal Funds Not Itemized $8,681,584 $8,681,584 $8,681,584 TOTAL PUBLIC FUNDS $18,834,154 $18,834,154 $18,834,154 $0 $10,152,570 $10,152,570 $8,681,584 $8,681,584 $18,834,154 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 $6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433 $6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433 $6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433 $6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433 393.1 Defer the FY09 cost of living adjustment. State General Funds ($68,862) ($68,862) ($68,862) ($68,862) 393.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($315,049) ($338,254) ($338,254) ($338,254) 393.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. THURSDAY, MARCH 5, 2009 1167 State General Funds $4,986 $4,986 $4,986 $4,986 393.4 Reduce funds received in HB990 (FY09G) for a web-based system that would enable veterans to submit forms and claims information online. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 393.5 Reduce funds received in HB990 (FY09G) to delay the hiring of four vacant Veterans Benefits Counselor positions in the State Veterans Service Offices. State General Funds ($160,000) ($160,000) ($160,000) ($160,000) 393.6 Reduce funds associated with itinerant service, annual service officers' school and supermarket of veterans benefits. State General Funds ($19,432) ($19,432) ($19,432) ($19,432) 393.7 Reduce funds designated to support major maintenance and repair projects at both state veterans' homes. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 393.8 Transfer funds to the Departmental Administration program to meet projected expenditures. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 393.100-Veterans Benefits Appropriation (HB 118) The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled. TOTAL STATE FUNDS $5,190,636 $5,167,431 $5,167,431 $5,167,431 State General Funds $5,190,636 $5,167,431 $5,167,431 $5,167,431 TOTAL FEDERAL FUNDS $4,623,440 $4,623,440 $4,623,440 $4,623,440 Federal Funds Not Itemized $4,623,440 $4,623,440 $4,623,440 $4,623,440 TOTAL PUBLIC FUNDS $9,814,076 $9,790,871 $9,790,871 $9,790,871 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 1168 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $18,668,167 $18,613,644 $18,668,167 $18,613,644 $200,000 $200,000 $200,000 $200,000 $18,868,167 $18,813,644 $18,613,644 $18,613,644 $200,000 $200,000 $18,813,644 $18,613,644 $18,613,644 $200,000 $200,000 $18,813,644 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,216,053 $11,216,053 $175,000 $175,000 $175,000 $11,391,053 $11,216,053 $11,216,053 $175,000 $175,000 $175,000 $11,391,053 $11,216,053 $11,216,053 $175,000 $175,000 $175,000 $11,391,053 $11,216,053 $11,216,053 $175,000 $175,000 $175,000 $11,391,053 394.1 Defer the FY09 cost of living adjustment. State General Funds ($125,557) ($125,557) ($125,557) ($125,557) 394.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($622,236) ($668,066) ($668,066) ($668,066) 394.100-Administer the Workers' Compensation Laws Appropriation (HB 118) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,468,260 $10,422,430 $10,422,430 $10,422,430 State General Funds $10,468,260 $10,422,430 $10,422,430 $10,422,430 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 $175,000 Sales and Services $175,000 $175,000 $175,000 $175,000 Sales and Services Not Itemized $175,000 $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $10,643,260 $10,597,430 $10,597,430 $10,597,430 THURSDAY, MARCH 5, 2009 1169 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,504,141 $6,504,141 $25,000 $25,000 $25,000 $6,529,141 $6,504,141 $6,504,141 $25,000 $25,000 $25,000 $6,529,141 $6,504,141 $6,504,141 $25,000 $25,000 $25,000 $6,529,141 $6,504,141 $6,504,141 $25,000 $25,000 $25,000 $6,529,141 395.1 Defer the FY09 cost of living adjustment. State General Funds ($24,894) ($24,894) ($24,894) ($24,894) 395.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009) State General Funds ($118,030) ($126,723) ($126,723) ($126,723) 395.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $143,487 $143,487 $143,487 $143,487 395.4 Increase payments to the State Treasury from $1,961,807 to $3,657,010. State General Funds $1,695,203 $1,695,203 $1,695,203 $1,695,203 395.100-Board Administration Appropriation (HB 118) 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 $8,199,907 $8,191,214 $8,191,214 $8,191,214 State General Funds $8,199,907 $8,191,214 $8,191,214 $8,191,214 TOTAL AGENCY FUNDS $25,000 $25,000 $25,000 $25,000 Sales and Services $25,000 $25,000 $25,000 $25,000 Sales and Services Not Itemized $25,000 $25,000 $25,000 $25,000 TOTAL PUBLIC FUNDS $8,224,907 $8,216,214 $8,216,214 $8,216,214 1170 JOURNAL OF THE SENATE Section 49: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $1,009,675,013 $794,073,670 $215,601,343 $1,009,675,013 $1,009,675,013 $794,073,670 $215,601,343 $1,009,675,013 $1,009,675,013 $794,073,670 $215,601,343 $1,009,675,013 $1,009,675,013 $794,073,670 $215,601,343 $1,009,675,013 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Final $988,734,294 $970,695,165 $789,632,951 $783,510,291 $199,101,343 $187,184,874 $988,734,294 $970,695,165 $969,990,354 $783,269,578 $186,720,776 $969,990,354 $969,990,354 $783,269,578 $186,720,776 $969,990,354 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $903,133,634 $708,070,991 $195,062,643 $903,133,634 $903,133,634 $708,070,991 $195,062,643 $903,133,634 $903,133,634 $708,070,991 $195,062,643 $903,133,634 $903,133,634 $708,070,991 $195,062,643 $903,133,634 396.1 Transfer debt service for bonds sold in FY09 from New to Issued. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $16,339,014 $6,106,122 $22,445,136 $43,717,691 $19,642,000 $63,359,691 $43,717,691 $19,642,000 $63,359,691 $43,717,691 $19,642,000 $63,359,691 396.2 Transfer debt service and reflect payments due on bonds issued in FY09 from New to Issued. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $6,120,966 $0 $0 $0 $2,433,878 $0 $0 $0 $8,554,844 $0 $0 $0 396.3 Reduce Motor Fuel funds to offset deficit. State Motor Fuel Funds ($16,500,000) ($16,500,000) ($16,500,000) ($16,500,000) 396.4 Retain prior year unspent balance of $31,393,806 to meet FY10 debt service requirements. (G:YES)(S:YES) State General Funds $0 $0 $0 $0 396.5 Retain prior year unspent balance of $9,216,563 to meet FY10 debt service requirements. (G:YES)(S:YES) THURSDAY, MARCH 5, 2009 1171 State Motor Fuel Funds $0 $0 $0 $0 396.6 Reduce funds to reflect savings on debt service obligation for issued bonds. State Motor Fuel Funds ($11,916,469) ($12,380,567) ($12,380,567) 396.7 Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds from HB85 (FY06G) for the Georgia Ports Authority for Container Berths 4, 5, and 6 overlay upgrade. State General Funds ($22,351) ($22,351) 396.100-General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 118) $917,633,614 $938,076,856 $937,590,407 $730,530,971 $751,788,682 $751,766,331 $187,102,643 $186,288,174 $185,824,076 $917,633,614 $938,076,856 $937,590,407 $937,590,407 $751,766,331 $185,824,076 $937,590,407 General Obligation Debt Sinking Fund - New Continuation Budget TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $106,541,379 $86,002,679 $20,538,700 $106,541,379 $106,541,379 $86,002,679 $20,538,700 $106,541,379 397.1 Transfer debt service for bonds sold in FY09 from New to Issued. $106,541,379 $86,002,679 $20,538,700 $106,541,379 $106,541,379 $86,002,679 $20,538,700 $106,541,379 State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS ($20,779,733) ($6,106,122) ($26,885,855) ($43,717,691) ($19,642,000) ($63,359,691) ($43,717,691) ($19,642,000) ($63,359,691) 397.2 Transfer debt service and reflect payments due on bonds issued in FY09 from New to Issued. ($43,717,691) ($19,642,000) ($63,359,691) State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS ($6,120,966) $0 $0 $0 ($2,433,878) $0 $0 $0 ($8,554,844) $0 $0 $0 397.3 Reduce funds for debt service to capture savings associated with favorable rates received in the February bond sale. State General Funds ($10,563,379) ($10,781,741) ($10,781,741) 1172 JOURNAL OF THE SENATE 397.100-General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 118) $71,100,680 $32,618,309 $32,399,947 $59,101,980 $31,721,609 $31,503,247 $11,998,700 $896,700 $896,700 $71,100,680 $32,618,309 $32,399,947 $32,399,947 $31,503,247 $896,700 $32,399,947 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act House Bill 990, Act No.705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229. 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 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: 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. BOND: 397.101 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. BOND: 397.102 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 THURSDAY, MARCH 5, 2009 1173 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 240 months. BOND: 397.103 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. BOND: 397.104 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. BOND: 397.110 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 $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.120 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. BOND: 397.121 1174 JOURNAL OF THE SENATE 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. BOND: 397.122 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 excess of 240 months. BOND: 397.123 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. BOND: 397.130 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. BOND: 397.131 DJJ Multi-Projects: $7,435,000 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, $634,949 is specifically appropriated for the purpose of financing projects and facilities for the THURSDAY, MARCH 5, 2009 1175 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 240 months. BOND: 397.132 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. BOND: 397.140 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. BOND: 397.200 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. BOND: 397.201 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. BOND: 397.202 1176 JOURNAL OF THE SENATE 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. BOND: 397.203 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. BOND: 397.221 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. BOND: 397.230 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. BOND: 397.231 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 THURSDAY, MARCH 5, 2009 1177 improvement of land, waters, 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. BOND: 397.232 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. BOND: 397.233 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 excess of 240 months. BOND: 397.234 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. BOND: 397.240 Georgia World Congress Center: $5,000,000 in principal for 5 years at 5%: Provide funds for the Georgia World Congress Center and Centennial Olympic Park. From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the 1178 JOURNAL OF THE SENATE 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 60 months. BOND: 397.241 K - 12 Schools: $84,250,000 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 in FY08) 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 240 months. BOND: 397.302 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. BOND: 397.303 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. BOND: 397.304 Cobb County Board of Education: $8,000,000 in principal for 20 years at 5.75%: Design and construct a charter school to be operated by the Cobb County School System. 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 240 months. BOND: 397.305 THURSDAY, MARCH 5, 2009 1179 K - 12 Schools: $10,000,000 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, $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 240 months. BOND: 397.306 K - 12 Equipment: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the BRIDGE program. From State General Funds, $1,155,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.307 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. BOND: 397.410 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. BOND: 397.412 GBA multi-projects: $5,000,000 in principal for 5 years at 5%: Design of Capitol Green Space Project including Pedestrian Bridge. From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the 1180 JOURNAL OF THE SENATE 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 60 months. BOND: 397.413 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.420 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. BOND: 397.421 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. BOND: 397.500 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, THURSDAY, MARCH 5, 2009 1181 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 240 months. BOND: 397.501 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. BOND: 397.502 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. BOND: 397.503 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 than $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.504 Central State Hospital: $385,000 in principal for 5 years at 5%: Fund various capital projects. From State General Funds, $88,935 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 $385,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.505 1182 JOURNAL OF THE SENATE Northwest Georgia Regional Hospital: $560,000 in principal for 5 years at 5%: Fund various capital projects. From State General Funds, $129,360 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 $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.506 Georgia War Veterans Nursing Home, Milledgeville: $680,000 in principal for 20 years at 5.75%: Install Metal Roofing System and Mechanical Upgrades in the Wood Building. 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 240 months. BOND: 397.510 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. BOND: 397.511 Regents: $60,000,000 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)(CC:Increase by $30,000,000) From State General Funds, $5,124,000 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 $60,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.600 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 THURSDAY, MARCH 5, 2009 1183 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. BOND: 397.601 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. BOND: 397.602 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. BOND: 397.603 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. BOND: 397.604 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. BOND: 397.605 1184 JOURNAL OF THE SENATE Medical College of Georgia: $70,000,000 in principal for 20 years at 5.75%: Design, construct, and equip the School of Dentistry. 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 240 months. BOND: 397.606 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. BOND: 397.607 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. BOND: 397.608 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. BOND: 397.609 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. THURSDAY, MARCH 5, 2009 1185 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. BOND: 397.610 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. BOND: 397.611 Georgia Institute of Technology: $6,400,000 in principal for 20 years at 5.75%: Renovate the Hinman Technology Building. From State General Funds, $546,560 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 $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.612 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. BOND: 397.613 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 1186 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, 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. BOND: 397.614 Coastal Georgia Community College: $1,000,000 in principal for 5 years at 5%: Provide design funds for a Health Sciences Building. 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 60 months. BOND: 397.616 Abraham Baldwin Agricultural College: $6,000,000 in principal for 20 years at 5.75%: Design and renovate the Tift, Lewis, and Herring Halls. 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 240 months. BOND: 397.617 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 maturities not in excess of 240 months. BOND: 397.619 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, THURSDAY, MARCH 5, 2009 1187 enlargement, or improvement of land, waters, 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. BOND: 397.620 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. BOND: 397.621 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. BOND: 397.622 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. BOND: 397.623 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. BOND: 397.624 1188 JOURNAL OF THE SENATE East Georgia College: $500,000 in principal for 5 years at 5%: Design the Classroom and Student Learning Center/Administration Building in Statesboro. 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. BOND: 397.625 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. BOND: 397.626 Medical College of Georgia: $3,000,000 in principal for 5 years at 5%: Design a consolidated School of Dentistry, School of Medicine, and Education Commons facility. 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 60 months. BOND: 397.627 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. BOND: 397.628 THURSDAY, MARCH 5, 2009 1189 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 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. BOND: 397.629 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. BOND: 397.630 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. BOND: 397.631 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 facilities for the Technical College 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 $11,590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.650 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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or 1190 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, 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. BOND: 397.651 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 facilities for the Technical College 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 $5,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.653 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 Technical College 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 $7,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.654 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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.655 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 facilities for the Technical College 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, THURSDAY, MARCH 5, 2009 1191 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. BOND: 397.656 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 Technical College 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 240 months. BOND: 397.657 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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.658 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 facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $18,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.659 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 Technical College 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, 1192 JOURNAL OF THE SENATE 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. BOND: 397.660 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 Technical College 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 $12,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.661 East Central Technical College: $500,000 in principal for 5 years at 5%: Design a Transportation Logistics Center. From State General Funds, $115,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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. BOND: 397.662 Chattahoochee Technical College: $750,000 in principal for 5 years at 5%: Design an Academic Classroom Building for the Mountain View campus. From State General Funds, $173,250 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 60 months. BOND: 397.663 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 Technical College 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 $12,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.664 THURSDAY, MARCH 5, 2009 1193 Atlanta Technical College: $4,190,000 in principal for 20 years at 5.75%: Design, construct, and equip the library renovation. From State General Funds, $357,826 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $4,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.665 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. BOND: 397.680 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 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. BOND: 397.681 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. BOND: 397.682 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 1194 JOURNAL OF THE SENATE 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: 397.683 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. BOND: 397.684 Forsyth County Public Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of 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. BOND: 397.685 Jeff Davis Public Library: $200,000 in principal for 5 years at 5%: Design as part of the Satilla Regional Library System to match $3,000,000 in local funding. 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 60 months. BOND: 397.686 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. BOND: 397.687 Fairplay Public Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as a part of the West Georgia Regional Library. THURSDAY, MARCH 5, 2009 1195 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 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: 397.688 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 maturities not in excess of 240 months. BOND: 397.700 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. BOND: 397.710 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. BOND: 397.711 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 1196 JOURNAL OF THE SENATE 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. BOND: 397.720 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. BOND: 397.721 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. BOND: 397.730 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. BOND: 397.731 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. BOND: 397.733 Tybee Island: $1,000,000 in principal for 5 years at 5%: Fund beach restoration. THURSDAY, MARCH 5, 2009 1197 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. BOND: 397.735 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. BOND: 397.740 The following paragraph of Section 48 of the General Appropriations Act for state fiscal year 2005-2006 (Ga. L. 2005, Volume Two, Book One, pp. 1425), 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 or which shall have maturities not in excess of sixty months." Is hereby amended to read as follows: "From the appropriation designated "State General Funds (New)", $530,149 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 $2,420,000 in principal amount of General Obligation Debt, the instruments or which shall have maturities not in excess of sixty months." 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 1198 JOURNAL OF THE SENATE 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, 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 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. Section 52: 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 THURSDAY, MARCH 5, 2009 1199 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 53: 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. 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. Section 54: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 55: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. 1200 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 Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 2. HB 118, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Senator Tim Golden District 8 121-A State Capitol Atlanta, GA 30334 Committees: Appropriations Finance Higher Education Insurance and Labor Government Oversight The State Senate Atlanta, Georgia 30334 THURSDAY, MARCH 5, 2009 1201 The Honorable Bob Ewing Secretary of Senate 353 State Capitol Atlanta, Georgia 30334 3/5/09 Dear Bob: I was in my office handling a constituent matter during the budget vote. Please record my vote as yes. Thank you for your attention to this request. /s/ Tim Golden Senator 8th District Senator Kasim Reed District 35 420-D State Capitol Atlanta, GA 30334 Committees: Ethics Judiciary State and Local Governmental Operations Special Judiciary Transportation Urban Affairs The State Senate Atlanta, Georgia 30334 To the Secretary of the Senate: 3/5/09 I write to request that you register a "yes" vote on House Bill 118. My voting button malfunctioned. Sincerely, /s/ Kasim Reed 35th District Pursuant to Senate Rule 10-1.3(b), the following resolution was read and put upon its adoption: SR 452. By Senator Johnson of the 1st: A RESOLUTION Amending the Rules of the Senate; and for other purposes. 1202 JOURNAL OF THE SENATE BE IT RESOLVED BY THE SENATE that the Rules of the Senate are amended by adding a new subsection (e) of Rule 1-4.1 to read as follows: "(e) Senators and the Secretary of the Senate shall make timely and satisfactory payment of taxes and other financial obligations owed to the United States and state and local government. Notwithstanding the provisions of Rule 1-4.10, a complaint alleging a violation of this subsection may be filed by the state revenue commissioner." The Senate Rules Committee offered the following amendment: Amend SR 452 by striking the words "timely and" on line 4. On the adoption of the amendment, there were no objections, and the committee amendment was adopted. Senator Jones of the 10th offered the following amendment #1: Amend SR 452 by adding on line 6 after "government" new sentence "To include pay traffic fines, pay child support, pay alimony, pay any outstanding medical bills. Senator Jones of the 10th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Jones amendment #1 was withdrawn. On the adoption of the resolution, requiring a two-thirds majority, the yeas were 32, nays 16, and SR 452 was lost. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The Calendar was resumed. The following legislation was read the third time and put upon its passage: SB 128. By Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins of the 49th, Mullis of the 53rd 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, and so as to provide for the issuances, at the option of the owner, of permanent license plates for boat trailers, utility trailers, and noncommercial cattle and livestock trailers; to provide for fees; to provide that such license plates shall not be transferable; to provide for administration; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 5, 2009 1203 The report of the committee, which was favorable to the passage of the bill, was agreed 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 Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 50, nays 0. SB 128, having received the requisite constitutional majority, was passed. SB 144. By Senators Shafer of the 48th, Hudgens of the 47th, Hill of the 32nd 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 repeal the requirement that an applicant for an insurance agent's license shall be appointed an agent by an authorized insurer prior to issuance of the license; 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 144: A BILL TO BE ENTITLED AN ACT 1204 JOURNAL OF THE SENATE To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to repeal the requirement that an applicant for an insurance agent's license shall be appointed an agent by an authorized insurer prior to issuance of the license; to prohibit a licensed managing general agent from charging a fully earned policy fee in connection with the issuance of an insurance policy unless such fee is part of the insurer's rate filing; 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 subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license, as follows: "(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) (7) of this subsection: (1) The individual applicant shall be a resident of this state who 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 composed of two or more incorporated cities or towns, located partly within and partly outside 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 shall be at least 18 years of age; (2) If applying for an agent's license for property and casualty insurance, the applicant shall not use or intend to use such license for the purpose of obtaining a rebate or commission upon controlled business; and the applicant 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 agent's license, the applicant shall be appointed an agent by an authorized insurer prior to issuance of the license; (4)(3) The individual applicant shall be of good character; (5)(4) The individual applicant shall pass any written examination required for the license by this article, provided that: (A) An individual who applies for an insurance agent's license in this state who was previously licensed for the same lines of authority in another state shall not be THURSDAY, MARCH 5, 2009 1205 required to complete any prelicensing education or examination. This exemption shall only be available if the individual is currently licensed in that state or if the application is received within 90 days of the cancellation of the applicant's 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 state's 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)(5) If applying for a license as counselor, the applicant 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 such applicant is exempted by the Commissioner, based on the applicant's experience and qualifications and pursuant to a regulation adopted by the Commissioner; (7)(6) If applying for an agent's license, limited subagent's license, or adjuster's 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)(7) 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." SECTION 2. Said title is further amended in Chapter 47, relating to managing general agents, by adding a new Code section to read as follows: "33-47-4.1. No licensed managing general agent may charge a fully earned policy fee in connection with the issuance of an insurance policy unless such fee shall be a component of the insurer's rate filing. No fully earned policy fee may exceed $25.00." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Shafer of the 48th offered the following amendment #1 to the committee substitute: 1206 JOURNAL OF THE SENATE Amend the Senate Insurance and Labor Committee substitute to SB 144 (LC 37 0877S) by redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and inserting after line 68 the following: SECTION 2. Said title is further amended by revising subsection (b) of Code Section 33-23-5.1, relating to conviction data, as follows: "(b) With respect to the requirements of paragraph (4) (3) 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." On the adoption of the amendment, there were no objections, and the Shafer 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 Buckner Y Bulloch Y Butler Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith THURSDAY, MARCH 5, 2009 1207 Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hudgens Y Jackson,L Y Jackson,W Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 0. SB 144, having received the requisite constitutional majority, was passed by substitute. Senator Reed of the 35th was excused for business outside the Senate Chamber. SB 152. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 2-8-13 of the Official Code of Georgia Annotated, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, so as to provide for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Bulloch of the 11th offered the following amendment #1: Amend SB 152 by inserting "turf production or" before "plants" on line 15. 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 Y Brown Y Hawkins Y Heath Y Henson Rogers Y Seabaugh Y Seay 1208 JOURNAL OF THE SENATE Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Johnson Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey E Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 0. SB 152, having received the requisite constitutional majority, was passed as amended. SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th: 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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 194: 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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such THURSDAY, MARCH 5, 2009 1209 projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, is amended by revising Code Section 50-5-77, relating to benefits based funding projects, as follows: "50-5-77. (a) As used in this Code section, the term: (1) 'Agency' means every state department, agency, board, bureau, and commission including without limitation the Board of Regents of the University System of Georgia. (2) 'Authority' means the Georgia Environmental Facilities Authority. (2)(3) 'Benefits based funding project' means any governmental improvement project in which payments to vendors depend upon the realization of specified savings or revenue gains attributable solely to the improvements, provided that each benefits based funding project is structured as follows: (A) The vendor promises, or accepts the condition, guarantees that the improvements will generate actual and quantifiable savings or enhanced revenues; (B) The agency develops a measurement tool for calculating the savings or enhanced revenues realized from the project; and (C) The funding for the project shall be attributable solely to its successful implementation for the period specified in the contract, or, where applicable, from sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains. (3)(4) 'External oversight committee' means a committee composed of the executive director of the Georgia Technology Authority, the commissioner of administrative services, the director of the Office of Planning and Budget, the state auditor, the state accounting officer, the Governor's designee, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Finance Committee on Appropriations. (4)(5) 'Measurement tool' means the formula used to measure the actual savings or enhanced revenues and includes a means for distinguishing enhanced revenue or savings from normal activities, including the possibility of no savings or revenue growth or an increased expenditure or decline in revenue. Baseline parameters must be defined based on historical costs or revenues for a minimum of one year. The measurement tool shall use the baseline parameters to forecast savings or enhanced revenues and to determine the overall benefits and fiscal feasibility of the proposed project. 1210 JOURNAL OF THE SENATE (5)(6) 'Special dedicated fund' means any fund established pursuant to this Code section from which the vendor or vendors are compensated as part of a benefits based funding project. The moneys in the special dedicated fund shall be deemed contractually obligated and shall not lapse at the end of each fiscal year. (b) An agency shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of equipment, goods, materials, real or personal property, improvements to real property, services, construction services, renovation services, and supplies as benefits based funding projects; provided, however, that a condition precedent to the award of the contract is a competitive solicitation in compliance with any applicable purchasing laws now or hereafter enacted, including without limitation the provisions of this chapter and Chapter 25 of this title; and provided, further, that the contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the agency at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed; (2) The contract shall terminate absolutely and without further obligation on the part of the agency at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract; (3)(2) The contract may be renewed only by a positive action taken by the agency; (3) In addition to any other remedies available to the agency, the contract shall provide that at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract, the vendor shall be required to remedy the deficit in actual savings or incremental revenue gains by remitting to the state an amount equal to the deficit. The vendor shall also be required to provide at contract execution and upon execution of any contract renewals an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the value of the project's annual savings or revenue gains; (4) The contract shall state the total obligation of the agency for repayment for the fiscal year of execution and shall state the total obligation for repayment which will be incurred in each fiscal year renewal term, if renewed; and (5) The term of the contract, including any renewal periods, may not exceed extend past the date that is ten years from the date of the completion of the project that is the subject of the contract.; and (6) The agency's financial obligations under the contract are limited to and cannot exceed the savings or incremental revenue gains, as calculated using the measurement tool, actually generated by the benefits based funding project, even if no savings or enhanced revenues are realized from the project. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the agency only for those sums payable during the fiscal year of execution or, in the event THURSDAY, MARCH 5, 2009 1211 of a renewal by the agency, for those sums payable in the individual fiscal year renewal term and only to the extent that savings or enhanced revenues are attributable to the benefits based funding project calculated using the measurement tool and, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. (e) Any such contract may provide for the payment by the agency of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (f) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, periodically calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project. To the extent that savings or enhanced revenues are realized, the agency shall transfer from its budget into the special dedicated fund an amount up to but not to exceed the amount owed on the contract for the then current fiscal year term's obligation to provide for payments, or, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains may be transferred to the special dedicated fund by the agency. (g) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project during the then current fiscal year at least 30 days prior to the end of the then current fiscal year. If the agency renews the contract and to the extent that savings or enhanced revenues are realized in excess of the amount due on the contract in the then current fiscal year term, the agency shall transfer prior to the end of the then current fiscal year from its budget into the special dedicated fund an amount up to but not to exceed the next fiscal year's obligation to provide for future payments. (h) Promptly upon nonrenewal, termination, or expiration of the contract, any moneys remaining in the special dedicated fund shall be deposited in the general fund of the state. (i) Each agency is authorized to accept title to property subject to the benefits based funding contract and is authorized to transfer title back to the vendor in the event the contract is not fully consummated. (j) Payments to which a vendor is entitled under the contract may not be assigned without the approval of the agency. In its discretion, the agency may agree that the vendor may assign the payments to which it is entitled under the benefits based funding contract to a third party, provided that the agency will be made party to the assignment agreement and that any such assignment agreement will not alter the obligations of the agency under the contract, specifically including, but not limited to, the provisions required by subsection (b) of this Code section; and provided that the vendor, at the time of the request that the agency agree to an assignment of payments, must provide to 1212 JOURNAL OF THE SENATE the agency an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the guaranteed savings for the total project duration including any anticipated renewal periods and the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency must remain in force for the entire project duration including any renewal periods. As savings are realized and verified by the measurement tool during the term of the contract including renewal periods, the value of the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency may decrease proportionately. (j)(k) The external oversight committee shall have the responsibility to review and advise direct the authority to perform reviews and to recommend approval of all benefits based funding projects advising: (1) The overall feasibility of the benefits based funding project; (2) The measurement tool; (3) The projected savings or enhanced revenues; and (4) The dollars to be set aside for vendor payments. (l) At the recommendation of the authority, each (k) Each benefits based funding project and the proposed contract shall be approved by the external oversight committee prior to execution of the contract and prior to any renewal thereof shall be subject to further review by the authority or the external oversight committee at any time. (l)(m) Each agency shall prepare and certify an annual report to be sent to the external oversight committee, the Governor, and the General Assembly on all contracts entered into pursuant to this Code section, describing the benefits based funding project, its projects, the progress of the projects, its the consolidated savings or enhanced revenues of such projects, and such other information as may be relevant. This annual report shall be sent to the authority on behalf of the external oversight committee at a date determined by the authority. The authority shall review and consolidate all agency reports and submit a consolidated report to the Governor, the General Assembly, and the external oversight committee." 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: THURSDAY, MARCH 5, 2009 1213 Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 54, nays 0. Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) SB 194, having received the requisite constitutional majority, was passed by substitute. Senator Douglas of the 17th was excused for business outside the Senate Chamber. SB 198. By Senators Tolleson of the 20th, Harp of the 29th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; 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: 1214 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 53, nays 0. SB 198, having received the requisite constitutional majority, was passed. Senator Hooks of the 14th assumed the Chair. Senator Harbison of the 15th was excused for business outside the Senate Chamber. SB 200. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Douglas of the 17th, Hill of the 32nd and others: 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 enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct cross-references; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The Senate Transportation Committee offered the following substitute to SB 200: THURSDAY, MARCH 5, 2009 1215 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 enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to provide for short titles; to provide for definitions; to provide for purposes of the authority; to provide for transition of duties, responsibilities, functions, powers, and jurisdiction; to provide for membership; to provide for a quorum and filling of vacancies; to provide for powers of the authority; to provide for expenditure of funds; to provide for collection of tolls; to provide for air quality standards within certain geographic areas; to provide for delegation by the Governor of certain powers to the authority; to provide for developments of regional impact; to provide for cooperation with the Georgia Rail Passenger Authority and the Georgia Environmental Facilities Authority; to provide for the awarding of contracts; to provide for the transfer of property to the authority; to provide for the disposition of revenue; to provide for liberal construction of provisions; to provide for a streetcar pilot project; to provide for the issuance of revenue bonds; to provide for the issuance of guaranteed revenue bonds; to provide for the disposition of revenue from bonds; to provide for the replacement of lost bonds; to provide that revenue bonds are not debts of the State of Georgia; to provide tax exemption for the revenue bonds; to provide venue for proceedings on bonds; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct cross-references; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION .1. This Act shall be known and may be cited as the "Transforming Transportation Investment Act." PART I Provisions Applicable to the Department of Transportation and the State Transportation Board SECTION 1-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising paragraphs (21) and (27) and by adding new paragraphs (10.1), (26.1), (27.2), and (27.3) in Code Section 32-1-3, relating to definitions, as 1216 JOURNAL OF THE SENATE follows: "(10.1) 'Federal Public Transportation Fund' means the fund established in Code Section 32-5-2." "(21) 'Private road' means a privately owned road or way, including any bridge thereon, which is only open for the benefit of one or more individuals and not for the general public. This term also means a road which lies on privately owned land. The term does not include any road or road facility built under the terms of a publicprivate partnership agreement with a state agency or any political subdivision of the state." "(26.1) 'Secretary of transportation' means the state's chief executive officer for transportation and shall be the secretary of the State Transportation Authority selected pursuant to subsection (d) of Code Section 32-12-5." "(27) 'State agency' means any authority, division, department, instrumentality, branch, or other body of the state to which state governmental functions have been delegated." "(27.2) 'State Public Transportation Fund' means the fund established in Code Section 32-5-20. (27.3) 'State Transportation Authority' means the authority established in Chapter 12 of this title to plan and coordinate transportation projects in the state." SECTION 1-2. Said title is further amended in Code Section 32-1-8, relating to construction and maintenance of private roads, by revising said Code section as follows: "32-1-8. It shall be unlawful for any official, officer, or employee of the department, the State Road and Tollway Authority Transportation Authority, the Georgia Highway Authority, or any similar authority or of any county or municipality to authorize the construction or maintenance of any private road." SECTION 1-3. Said title is further amended in Code Section 32-2-1, relating to the composition of the Department of Transportation, by revising said Code section as follows: "32-2-1. The Department of Transportation shall consist of the State Transportation Board, the commissioner of transportation, the deputy commissioner of transportation, the chief engineer, the treasurer and the assistant treasurer commissioner of transportation, and such subordinate employees as may be deemed necessary by the commissioner. The primary purpose of the department is to provide for maintenance and repairs to the state highway system. Subject to approval of plans and approval or award of funding by the State Transportation Agency or the State Transportation Authority by grant, agreement, or order, the department shall improve, construct, maintain, or repair the state public highway system. Subject to approval of plans and approval or award of funding by the State Transportation Agency or the State Transportation Authority, the department and THURSDAY, MARCH 5, 2009 1217 other state or local entities or political subdivisions may contract for the department to improve, construct, maintain, and repair roads and bridges." SECTION 1-4. Said title is further amended in Code Section 32-2-2, relating to powers and duties of the Department of Transportation, by revising paragraphs (1), (2), (5), (7), and (19) of subsection (a) and subsection (b) as follows: "(1) Subject to approval of the State Transportation Authority, the The department shall plan, designate, may improve, manage, control, construct, and maintain a state highway system and shall have control of and responsibility for all certain construction, maintenance, or any other work upon the state highway system and all other work which may be designated to be done by the department by this title or any other law. However, on those portions of the state highway system lying within the corporate limits of any municipality, the department shall be required to provide only substantial maintenance activities and operations, including but not limited to reconstruction and major resurfacing, reconstruction of bridges, erection and maintenance of official department signs, painting of striping and pavement delineators, furnishing of guardrails and bridge rails, and other major maintenance activities; and, furthermore, the department State Transportation Authority may by contract authorize and require any rapid transit authority created by the General Assembly to plan, design, and construct, at no cost to the department authority and subject to the department's authority's review and approval of design and construction, segments of the state highway system necessary to replace those portions of the system which the rapid transit authority and the department State Transportation Authority agree must be relocated in order to avoid conflicts between the rapid transit authority's facilities and the state highway system; (2) Except for appropriations to authorize the issuance of general obligation debt for public road work, or to pay such debt, the department shall be the state agency to receive and shall have control and supervision of all funds appropriated for public road work by the state and activities incident thereto from the net proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia and any other funds appropriated or provided for by law for such purposes or for performing other functions of the department. If the General Assembly fails to appropriate all of the net proceeds of the motor fuel tax to the department, to the State of Georgia General Obligation Debt Sinking Fund, and to counties for public road work and activities incident thereto, any such unappropriated part of such funds, exclusive of those proceeds required by law to be provided as grants to counties for the construction and maintenance of county roads, shall be made available to the department by the director of the Office of Treasury and Fiscal Services, notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act' Reserved;" "(5) The department, subject to approval of the State Transportation Authority, shall have the authority to negotiate, let, and enter into contracts with the Georgia Highway 1218 JOURNAL OF THE SENATE Authority, the State Road and Tollway Authority Transportation Authority, any person, any state agency, or any county or municipality of the state for the construction or maintenance of any public road or any other mode of transportation or for the benefit of or pertaining to the department or its employees in such manner and subject to such express limitations as may be provided by law;" "(7) The department and the State Road and Tollway Authority shall be the proper agencies of the state to discharge all duties imposed on the state by any act of Congress allotting federal funds to be expended for public road and other transportation purposes in this state. Upon delegation or approval by the State Transportation Agency or the State Transportation Authority, the The department shall have the authority to accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of transportation; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this title is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;" "(19) Code Sections 32-3-1 and 32-6-115 notwithstanding and at the direction of the State Transportation Authority, the department may shall by contract grant to any rapid transit authority created by the General Assembly, under such terms and conditions as the department may deem appropriate, the right to occupy or traverse a portion of the right of way of any road on the state highway system by or with its mass transportation facilities. Furthermore, at the direction of the State Transportation Authority, the department may shall by contract lease to the rapid transit authority, under such terms and conditions as the department may deem appropriate, the right to occupy, operate, maintain, or traverse by or with its mass transportation facilities any parking facility constructed by the department. Notwithstanding Code Section 48-2-17, all net revenue derived from the lease shall be utilized by the department to offset the cost of constructing any parking facility. Regardless of any financial expenditures by the rapid transit authority, no right of use or lease granted under this paragraph shall merge into or become a property interest of the rapid transit authority. Upon the transfer of the title of the mass transportation facilities to private ownership or upon the operation of the rapid transportation facilities for the financial gain of private persons, such rights granted by the department shall automatically terminate and all rapid transportation facilities shall be removed from the rights of way of the state highway system. (b) In addition to the powers specifically delegated to it in this title and so long as not inconsistent with any powers granted to, or plans adopted by, the State Transportation Authority, the department shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient operation and development of the department and of the state highway system and of other modes and systems of transportation; and this title shall be liberally construed to that end. Any power vested THURSDAY, MARCH 5, 2009 1219 by law in the department but not implemented by specific provisions for the exercise thereof may be executed and carried out by the department in a reasonable manner pursuant to such rules, regulations, and procedures as the department may adopt and subject to such limitations as may be provided by law." SECTION 1-5. Said title is further amended in Code Section 32-2-3, relating to development of transportation plans, by repealing said Code section and designating it as "Reserved." SECTION 1-6. Said title is further amended in Code Section 32-2-4.1, relating to the Gateway Center, by revising subsection (a) as follows: "(a) Notwithstanding any other provision of law to the contrary, the department may acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County. For purposes of this Code section, the safety rest area and information center shall be known as the 'Gateway Center,' but the State Transportation Board department may name or designate the center in its discretion. In addition to the powers provided in this Code section, cumulatively, the department shall have the same powers with respect to Gateway Center which the department otherwise enjoys with respect to safety rest areas, information centers, and welcome centers. SECTION 1-7. Said title is further amended in Code Section 32-2-5, relating to actions by or against the department, by revising subsection (b) as follows: "(b) All actions brought ex contractu by or against the department shall be brought in a county where any part of the work is to be or has been performed. All other actions by or against the department shall be brought in the county in which the cause of action arose. Service upon the department shall be sufficient by serving a second original process issued from the county where the action is filed upon the commissioner personally or by leaving a copy of the same in the office of the commissioner in the Department of Transportation Building, Atlanta, Georgia." SECTION 1-8. Said title is further amended in Code Section 32-2-6, relating to liability of the department for actions against counties, by revising subsection (a) as follows: "(a) The department shall defend any action and be responsible for all damages awarded therein in any court of this state against any county under existing laws whenever the cause of action accrues on a public road which at the time of accrual had been designated by the department as a part of the state highway system; provided, however, that no action may be brought under this Code section until the construction of the public road on which the injury complained of occurred has been completed and such public road has been officially opened to traffic as provided in subsection (b) of this Code section. When any such action is brought against a county in any court of 1220 JOURNAL OF THE SENATE this state, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action against the county upon the department by providing for service of a second original process, issued from the court where the action is filed, upon the commissioner personally or by leaving a copy of the same in the office of the commissioner in the Department of Transportation Building, Atlanta, Georgia. The service of process in such action upon the county shall not be perfected until such second original process has been served as provided in this Code section. The department shall also have the right and authority to defend, adjust, and settle in the name of such county and on its behalf any claim for damages for which the department ultimately may be liable under this Code section." SECTION 1-9. Said title is further amended in Code Section 32-2-20, relating to composition of board, qualifications of members, terms of office, manner of selection of members, filling of vacancies, officers, meetings, and compensation of members, by repealing subsections (d) through (f), which read as follows: "(d) The board shall, by majority vote of those members present and voting at regular sessions, elect from their number a chairman and vice-chairman who shall serve at the pleasure of the board. In like manner, the board shall also elect a secretary, who need not necessarily be a member of the board, and who shall also serve at the pleasure of the board. (e) The board shall meet in regular session at least one day each month, at least nine of which regular sessions are to be held at the headquarters of the Department of Transportation in Atlanta, and at such other special meetings as may be called by the commissioner, by the chairman, or by a majority of the members of the board upon reasonable written notice to all members of the board. Further, the chairman of the board or the commissioner is authorized from time to time to call meetings of committees of the board which are established by board policy; and to require the attendance of a member or members of the board at places inside or outside the state when, in the opinion of the chairman or the commissioner, the member or members of the board are needed to attend properly to the department's business. A majority of the board shall constitute a quorum for the transaction of all business including election or removal of the commissioner. Except as otherwise provided in this title, any power of the board may be exercised by a majority vote of those members present at any meeting at which there is a quorum. (f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the board, not to exceed 60 days in any calendar year. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be THURSDAY, MARCH 5, 2009 1221 paid from funds appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairperson and signed by the secretary." SECTION 1-10. Said title is further amended in Code Section 32-2-21, relating to the powers and duties of the State Transportation Board, by repealing said Code section. SECTION 1-11. Said title is further amended in Code Section 32-2-40, relating to the selection of the commissioner of transportation and the term of office of the commissioner, by revising subsections (b), (d), and (e) as follows: "(b) The commissioner, his or her successor, and each succeeding commissioner thereafter shall be selected by a vote of the majority of the total number of members of the board. At the time of said vote, the board shall stipulate the term the commissioner shall serve, and said commissioner shall serve during the stipulated term and until his or her successor is selected by the board and duly qualified. The board shall stipulate one of the following to be the term of the commissioner: (1) The commissioner shall serve at the pleasure of the board; or (2) The commissioner shall serve any term specified by the board up to and including a maximum of four years; however, the board shall not specify a term of office that extends beyond the end of the term of the Governor in office at the time the commissioner's term is scheduled to begin." "(d) The commissioner shall qualify, upon selection, by executing a bond in the amount of $100,000.00 with a corporate surety licensed to do business in this state and payable to the Governor and his or her successors in office, such bond to be approved by the Governor and conditioned on the faithful discharge of his or her duties as commissioner. The premium of such bond shall be paid from funds of the department. (e) The commissioner shall devote full time and attention to the duties and responsibilities of his or her office. No person who serves as commissioner shall be eligible, except as hereinafter provided in this subsection, to qualify as a candidate in any primary, special, or general election for any state or federal elective office nor to hold any such office, except as hereinafter provided in this subsection, during the time he or she serves as commissioner and for a period of 12 months after the date he or she ceases to serve as commissioner. However, nothing contained in this subsection shall prevent the commissioner from being appointed to any other office nor disqualify him or her from running in any election to succeed himself or herself in any office to which he or she was appointed nor to hold such office in the event he or she is elected thereto and otherwise qualified therefor; provided, however, that the commissioner shall resign as commissioner of transportation before accepting any such appointive office." SECTION 1-12. Said title is further amended in Code Section 32-2-41, relating to the powers, duties, and authority of the commissioner of transportation, by revising subsection (a) and adding a 1222 JOURNAL OF THE SENATE new subsection as follows: "(a) As the chief executive officer of the department, the commissioner shall have direct and full control of the department. He and shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the department by law, except those duties, powers, and authority which are expressly reserved by law to the board. When the board is not in regular or called session, the commissioner shall perform, exercise, and possess all duties, powers, and authority of the board except: (1) Approval of the advertising of nonnegotiated construction contracts; (2) Approval of authority lease agreements; (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner; the chief engineer; and the treasurer and the assistant treasurer of the department; and (4) Approval of long-range plans and programs of the department. The commissioner shall also have such as the authority to exercise the power of eminent domain and to execute all contracts, and authority lease agreements, and all other functions except those that cannot legally be delegated to him by the board." "(c) The commissioner shall perform any transportation duties and implement any transportation projects or plans delegated or assigned to the commissioner by the secretary of transportation." SECTION 1-13. Said title is further amended in Code Section 32-2-41.1, relating to development of a State-wide Strategic Transportation Plan, by repealing said Code section and designating it as "Reserved." SECTION 1-14. Said title is further amended in Code Section 32-2-41.2, relating to benchmarks and value engineering studies to be developed by the commissioner of transportation, by revising subsections (b) and (d) as follows: "(b) The commissioner shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees, and the secretary of transportation 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." "(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, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees, and the secretary of transportation detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department." THURSDAY, MARCH 5, 2009 1223 SECTION 1-15. Said title is further amended in Code Section 32-2-42, relating to the appointment of a deputy commissioner of transportation, chief engineer, treasurer, and assistant treasurer, by revising said Code section as follows: "32-2-42. (a) The commissioner shall appoint a deputy commissioner of transportation, whose appointment shall be subject to the approval of the board, to serve at the pleasure of the commissioner. Before assuming the duties of his or her office, the deputy commissioner shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office, including any duties of the office of the commissioner which the deputy commissioner may be required to perform as acting commissioner. The premium for the bond shall be paid out of the funds of the department. The deputy commissioner shall be the assistant commissioner and shall be empowered to act in his or her own name for the commissioner. The deputy commissioner may exercise to the extent permitted by law only such powers and duties of the commissioner as have been previously assigned to him or her in writing by the commissioner. In the event of the commissioner's temporary incapacity which causes his or her absence from the offices of the Department of Transportation Building in Atlanta, Georgia, for 30 consecutive days, the deputy commissioner shall assume all the powers and duties of the commissioner, to be exercised until such time as the commissioner's temporary absence or incapacity shall cease. In the event of the commissioner's permanent incapacity, the deputy commissioner shall become acting commissioner, as provided in subsection (c) of Code Section 32-2-40. (b) The commissioner shall appoint a chief engineer, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his or her appointment, to serve at the pleasure of the commissioner. The chief engineer shall be the chief engineer of the department and shall be a professional engineer registered in accordance with Chapter 15 of Title 43 and who shall be experienced in highway engineering. (c) The commissioner shall appoint a treasurer of the department, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his appointment, to serve at the pleasure of the board commissioner. Before assuming the duties of his or her office, the treasurer shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. The duties of the treasurer shall be to receive all funds from all sources to which the department is entitled, to account for all funds received by the department, and to perform such other duties as may be required of him or her by the 1224 JOURNAL OF THE SENATE commissioner. The commissioner shall have the authority to appoint an assistant treasurer in the same manner and under the same conditions as set forth in this subsection for the appointment of the treasurer, including the qualifying in advance by giving bond of the same type, amount, and paid for in the same manner as required of the treasurer. The assistant treasurer shall assume the duties of office of treasurer upon the incapacity or death of the treasurer and shall serve until a new treasurer is appointed as provided in this subsection. (d) Any provision of this title or of any other statute or of any rule or regulation to the contrary notwithstanding, the commissioner or the deputy commissioner may, in addition to serving as commissioner or deputy commissioner, also simultaneously serve as chief engineer, provided that he or she shall be appointed and confirmed and shall possess the qualifications as prescribed in subsection (b) of this Code section. A commissioner or deputy commissioner simultaneously serving as chief engineer shall be paid for the discharge of all his or her duties the sum to which he or she is entitled as commissioner or deputy commissioner." SECTION 1-16. Said title is further amended in Code Section 32-2-60, relating to the authority of the department to contract and the form and content of construction contracts, by revising subsection (a) and paragraph (1) of subsection (e) as follows: "(a) The department, subject to the specific approval of any contract by the State Transportation Authority, shall have the authority to contract as set forth in this article and in Code Section 32-2-2. All department construction contracts shall be in writing. Any contract entered into by the department for the construction of a public road shall include, as a cost of the project, provisions for sowing vegetation, if appropriate, on all banks, fills, cuts, ditches, and other places where soil erosion is likely to result from the necessary incidents to road work along the right of way of the road project." "(e)(1) When the estimated amount of any department construction contract exceeds $300 million, performance and payment bonds shall be required in the amount of at least the total amount payable by the terms of the contract unless the department, after public notice and a public meeting, makes a written determination supported by specific findings that single bonds in such amount are not reasonably available, and the board approves such determination in a public meeting. In such event, the estimated value of the construction portion of the contract, excluding right of way acquisition and engineering, shall be guaranteed by a combination of security including, but not limited to, the following: (A) Payment, performance, surety, cosurety, or excess layer surety bonds; (B) Letters of credit; (C) Guarantees of the contractor or its parent companies; (D) Obligations of the United States and of its agencies and instrumentalities; or (E) Cash collateral; provided, however, that the aggregate total guarantee of the project may not use a corporate guarantee of more than 35 percent. The combination of such guarantees THURSDAY, MARCH 5, 2009 1225 shall be determined at the discretion of the department, subject to the approval of the board; provided, however, that such aggregate guarantees shall include not less than $300 million of performance and payment bonds and shall equal not less than 100 percent of the contractor's obligation under the construction portion of the contract." SECTION 1-17. Said title is further amended in Code Section 32-2-61, relating to limitations on the power to contract by the Department of Transportation, by revising subsection (b) and paragraph (1) of subsection (d) as follows: "(b)(1) The board department shall not enter into any lease contract if: (A) The aggregates of all lease rentals from that and all other such lease contracts including the contract or contracts proposed to be entered into exceed $19,900,000.00 per annum or 15 percent of the funds appropriated to the department in the fiscal year immediately preceding entering into any such lease rental contract, whichever is greater; or (B) Such lease contract constitutes security for bonds or other obligations issued by the lessor. (2) The execution of any lease contract is prohibited until the General Assembly has specifically provided funds in an appropriations Act for the payment of at least one year's rental under such contract. (3) The execution of any lease contract is prohibited until the State Transportation Authority has specifically approved the execution of the lease contract." "(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $100,000.00 or more except any contract: (A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $100,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; or 1226 JOURNAL OF THE SENATE (E) With the State Road and Tollway Transportation Authority; or. (F) Through the provisions of a design-build contract as provided for in Code Section 32-2-81." SECTION 1-18. Said title is further amended in Code Section 32-2-62, relating to the approval of advertising of nonnegotiated construction contracts by the State Transportation Board, by revising said Code section as follows: "32-2-62. The advertising of all nonnegotiated department construction contracts shall have the prior approval of the board commissioner. When the board is not in session, the The commissioner may also approve negotiated construction contracts. In determining public roads most in need of work and also the type, class, width, location, and order of priority of each project, the board shall take into consideration such factors as the use of the public road in question; the present need and anticipated development of the area traversed by it; whether or not it is a school bus or mail route; and its use for agricultural or industrial purposes. The board shall also take into consideration the information disclosed by the records required by Code Section 32-4-2 to be maintained by the department." SECTION 1-19. Said title is further amended in Code Section 32-2-63, relating to the authority of the commissioner of transportation to execute contracts and lease agreements, by revising said Code section as follows: "32-2-63. The commissioner shall have full authority to execute contracts and authority lease agreements on behalf of the department whenever such contracts or agreements have been approved in accordance with this title and approved by the State Transportation Authority." SECTION 1-20. Said title is further amended in Code Section 32-2-69, relating to awarding of contracts by the Department of Transportation to the lowest reliable bidder, by revising subsection (a) as follows: "(a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the The department shall award the contract to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project." SECTION 1-21. Said title is further amended in Code Section 32-2-74, relating to the effect of federal laws and securing the benefits of federal-aid programs, by revising subsection (b) as THURSDAY, MARCH 5, 2009 1227 follows: "(b) Upon the approval of the State Transportation Authority, the The department is authorized to take the necessary steps to secure the full benefit of the federal-aid program and to meet any contingencies not provided for in Code Sections 32-2-60 through 32-2-73, abiding at all times by a fundamental purpose to plan, survey, construct, reconstruct, maintain, improve, and pave as economically as possible those public roads of Georgia which, under the terms of Code Sections 32-2-60 through 32-273, are most in need of such construction or work in such a manner as will best promote the interest, welfare, and progress of the citizens of Georgia." SECTION 1-22. Said title is further amended in Code Section 32-2-75, relating to contract clauses for the retainage of certain amounts, by revising subsection (a) as follows: "(a) As used in this Code section and Code Sections 32-2-76 and 32-2-77, the term: (1) 'Engineer' means the chief engineer or the engineer designated by the Georgia Highway Authority or the State Road and Tollway Transportation Authority. (2) 'Escrow account' means the certificates of deposit issued by a state or national bank in Georgia and any uninvested cash held in escrow. (3) 'State' means the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Transportation Authority. (4) 'Treasurer' means the treasurer of the Department of Transportation, the treasurer of the Georgia Highway Authority, or the treasurer of the State Road and Tollway Transportation Authority." SECTION 1-22.1. Said title is further amended in Code Section 32-2-78, relating to definitions regarding public-private initiatives, by designating the existing text as subsection (a) and by adding a new subsection to read as follows: "(b) Subject to oversight by the State Transportation Authority, the provisions of this Code section shall apply to any public-private initiative project that was being negotiated by the department as of July 1, 2009. The provisions of Code Section 3212-31 shall apply to all public-private initiative projects initiated on or after July 1, 2009." SECTION 1-22.2. Said title is further amended in Code Section 32-2-79, relating to the requirements for solicited or unsolicited public-private initiatives, by adding a new subsection to read as follows: "(q) Subject to oversight by the State Transportation Authority, the provisions of this Code section shall apply to any public-private initiative project that was being negotiated by the department as of July 1, 2009. The provisions of Code Section 3212-31 shall apply to all public-private initiative projects initiated on or after July 1, 2009." 1228 JOURNAL OF THE SENATE SECTION 1-22.3. Said title is further amended in Code Section 32-2-80, relating the authority to contract with the proposer of a public-private initiative, by adding a new subsection to read as follows: "(d) Subject to oversight by the State Transportation Authority, the provisions of this Code section shall apply to any public-private initiative project that was being negotiated by the department as of July 1, 2009. The provisions of Code Section 3212-31 shall apply to all public-private initiative projects initiated on or after July 1, 2009." SECTION 1-22.4. Said title is further amended in Code Section 32-2-81, relating to procedures for using the design-build procedure by the Department of Transportation, by adding a new subsection to read as follows: "(h) Subject to oversight by the State Transportation Authority, the provisions of this Code section shall apply to any design-build project that was being negotiated by the department as of July 1, 2009. The provisions of Code Section 32-12-31 shall apply to all design-build projects initiated on or after July 1, 2009." SECTION 1-23. Said title is further amended in Code Section 32-4-1, relating to the classification of public roads, by revising paragraph (1) as follows: "(1) STATE HIGHWAY SYSTEM. The state highway system shall consist of those public roads which on July 1, 1973, are shown by the records of the department to be 'state-aid roads,' those public roads thereafter designated by the department, as directed by the State Transportation Authority, as part of the state highway system, and all of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state;" SECTION 1-24. Said title is further amended in Code Section 32-4-2, relating to the preparation of an official map by the Department of Transportation, by revising subparagraph (a)(2)(A) and subsections (b), (c), (d), and (e) as follows: "(2)(A) The department shall prepare an official list of all portions or features of the state highway system, including without limitation public roads, bridges, or interchanges, which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board. The department shall update the list to reflect any additions or changes as soon as is reasonably possible; and such list, as periodically revised, shall be open for public inspection. For each such named portion or feature of the state highway system, the list shall specify without limitation the official name; the state highway system route number; the name of each county and the number of each five-digit postal ZIP Code area wherein the named portion or feature is located; a citation to the Act or resolution of the General THURSDAY, MARCH 5, 2009 1229 Assembly or the resolution of the State Transportation Board officially naming such portion or feature; and a brief biographical, historical, or other relevant description of the person, place, event, or thing commemorated by such naming." "(b) In accordance with procedures prescribed by the State Transportation Authority, the The department shall keep written records of the mileage on all public roads on the state highway system and on all public roads on each of the county road systems. These written records shall be revised in accordance with procedures prescribed by the State Transportation Authority as soon as is reasonably possible after any changes to the above public road systems. They shall indicate whether roads are paved or unpaved and shall contain information as to the condition, status, type, and use of all such public roads and such other information as deemed necessary for sound, long-range planning of public road construction and maintenance. These records shall be made available to each county and to the public. (c) The department State Transportation Authority may provide reasonable rules and regulations, or may require the department to do so, for keeping accurate and up-todate, between official measurements, the mileage record called for in this Code section. Each county shall comply with such rules and regulations. (d) Not more often than every four years, a county may request an official measurement of its county road system under the rules and regulations of the department; and the department shall comply with such a request if properly made in accordance with procedures prescribed by the State Transportation Authority. Whenever a mileage measurement is to be made in any county, whether in response to a request or in the regular course of measurement for the records of the department, the county shall furnish a representative to accompany the representatives of the department in its measurement. In case of disagreement between the department representative and the county representative as to their findings, the matter shall be referred to the commissioner secretary of transportation, whose decision as to the facts thereof shall be final and conclusive. The distribution of the county grants based on public road mileage of the county road system shall be made on the basis of the latest official mileage record for each county as shown by department records at the end of the preceding fiscal year. (e) The official record of the state highway system shall consist of an official map, as provided for in subsection (a) of this Code section, and a written record, as provided for in subsection (b) of this Code section, the written record to have priority in case of conflict between the two. Resolutions of the board designating a road as part of the state highway system, as provided for in Code Section 32-4-21, and certifications Certifications of abandonment, as provided for in subsection (a) of Code Section 32-72, shall serve as the official record until such changes are recorded on the official map and in the written record." SECTION 1-25. Said title is further amended in Code Section 32-4-21, relating to the designation of roads as part of the state highway system, by revising said Code section as follows: 1230 JOURNAL OF THE SENATE "32-4-21. The State Transportation Authority may designate a new or existing public road as part of the state highway system. Whenever the board, or the commissioner when the board is not in session, deems it necessary and in the public interest to have a new or existing public road designated as part of the state highway system, whether as additional mileage or as part of a substitution or relocation, the board, by resolution, or the commissioner, by written notice to the board in consultation with and upon the approval of the State Transportation Authority, may designate such road to be a part of the state highway system. If the road proposed to be designated is a part of either a county road system or a municipal street system, the department commissioner shall give written notice to the county or municipality of the effective date that such road shall become part of the state highway system. Any change on the state highway system by designation shall be recorded on the official map and in the written records of the state highway system, as provided for in subsections (a) and (b) of Code Section 32-4-2." SECTION 1-26. Said title is further amended in Code Section 32-4-22, relating to the creation of the Developmental Highway System, by revising subsections (b) and (c) as follows: "(b) The location and mileage of the Developmental Highway System shall be as generally described in subsection (a) of this Code section, with the power of the State Transportation Board department to make such variances therein as shall be dictated by sound engineering and construction practices. (c) The Developmental Highway System shall be under the control and supervision of the board department, subject to the provisions of this Code section or any other Act of the General Assembly; provided, however, that the State Road and Tollway Transportation Authority is authorized to construct all or any part of such system and to enter into agreements with the department or other entities, pursuant to Code Section 32-2-61, for such purpose. Any project the cost of which is paid from the proceeds of garvee bonds as defined in Code Section 32-10-90.1 shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation." SECTION 1-27. Said title is further amended in Code Section 32-4-24, relating to the designation of alternative tourism routes on the state highway system, by revising said Code section as follows: "32-4-24. (a) The board department, subject to approval by the State Transportation Authority, shall designate as alternative tourism routes roads that are a part of the state highway system that traverse the state and pass through or in close proximity to historic sites or tourist attractions in the state. Interstate highways that traverse the state shall not be eligible for designation as an alternative tourism route. The initial alternative tourism THURSDAY, MARCH 5, 2009 1231 routes shall be U.S. Highway 27 and U.S. Highway 441. (b) The board department shall consult with the Department of Economic Development, county governing authorities, and historical sites and tourist attractions located in this state in the selection of additional alternative tourism routes. The Department of Economic Development shall promote such routes and sites and attractions along such routes to the motoring public. (c) Subject to the appropriation process, the department may within five years of the designation of an alternative tourism route construct within 20 miles of the state line on each end of such route a welcome center. Subject to the appropriation process, if the department decides to construct such a center, it shall negotiate and contract with the local governing authorities where the welcome center is located for the maintenance and operation of such center." SECTION 1-28. Said title is further amended in Code Section 32-5-1, relating to receipt of federal-aid funds by the state, by revising said Code section as follows: "32-5-1. (a) The director of the Office of Treasury and Fiscal Services is designated a the proper fiscal authority and custodian to receive any of the all federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to or otherwise available for the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government and except as such funds may be directed by the federal government to the State Road and Tollway Transportation Authority or its designee, in the authority's own right or as successor to the State Road and Tollway Authority. (b) If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the Georgia Department of Transportation State Transportation Authority is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the department authority to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes." SECTION 1-29. Said title is further amended in Code Section 32-5-2, relating to appropriation of funds to the Department of Transportation, by revising said Code section as follows: "32-5-2. (a) All federal funds received by the director of the Office of Treasury and Fiscal Services under Code Section 32-5-1 are continually appropriated to the department constitute the Federal Public Transportation Fund. Unless otherwise required by federal law, the State Transportation Authority shall be the state entity authorized to 1232 JOURNAL OF THE SENATE apply for and dispose of, or direct the disposition of, the Federal Public Transportation Fund. The authority may grant, award, pay, disburse, and supervise moneys from the Federal Public Transportation Fund for the purpose purposes specified in the grants of such funds; provided, however, except as such funds may be directed by the federal government to the State Road and Tollway Authority, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department State Transportation Authority or with the authority's approval. (b) The State Transportation Agency, in making state public transportation funds available to the authority or according to the authority's guidance, shall condition the use of such funds on compliance with the terms of the appropriation by the General Assembly." SECTION 1-30. Said title is further amended in Code Section 32-5-20, relating to the State Public Transportation Fund, by revising said Code section as follows: "32-5-20. (a)(1) As used in this article chapter, the term 'State Public Transportation Fund' 'motor fuel funds' means that money the expenditures of which are controlled and supervised by the department by virtue of paragraph (2) of subsection (a) of Code Section 32-2-2 the amount equal to the net amount derived from motor fuel taxes in each of the immediately preceding fiscal years appropriated for each fiscal year by Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state and for grants to counties for road construction and maintenance, as provided by law, and any other funds appropriated or provided for by law for such purposes except the Federal Public Transportation Fund. The State Public Transportation Fund includes all motor fuel funds except when, consistent with the purpose of motor fuel funds: (1) motor fuel funds are appropriated for the obligation imposed by the second paragraph of Paragraph I(a) of Section VI of Article IX of the Constitution of 1976; (2) motor fuel funds are appropriated for authorization or payment of general obligation debt for purposes consistent with the purpose of motor fuel funds; and (3) motor fuel funds are appropriated for guaranteed revenue debt. (2) If the amount of motor fuel funds appropriated by the Constitution for a fiscal year as finally calculated differs from the total appropriation of motor fuel funds by the General Assembly for that fiscal year, the difference, whether an increase or a decrease, shall be spread among the appropriations from the State Public Transportation Fund pro rata. Any increase in appropriations shall be made available to the State Transportation Agency by the director of the Office of Treasury and Fiscal Services, notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' THURSDAY, MARCH 5, 2009 1233 (b) The State Transportation Agency in accordance with applicable law and appropriations shall control, grant, award, disburse and supervise the State Public Transportation Fund. (c) Before the beginning of each fiscal year, the authority, the agency, the department, and the Office of Planning and Budget shall cooperate in establishing a budget for the department and making arrangements for its receipt of funds." SECTION 1-31. Said title is further amended in Code Section 32-5-21, relating to priority of expenditures from the State Public Transportation Fund, by revising said Code section as follows: "32-5-21. (a) The department shall apply motor fuel funds appropriated to it as required by law for the following purposes: Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the following order: (1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia; and (2) To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of guaranteed revenue debt for public road projects initiated pursuant to Code Section 32-10-67, upon its issuance, when the guarantee of the specific issue has been authorized by an appropriation of moneys governed by Article III, Section IX, Paragraph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph III(b) of the Constitution;. (3) To pay the costs of operating the department and for any emergencies or unusual situations; (b) The department shall apply the funds of the State Public Transportation Fund and the Federal Public Transportation Fund disbursed, awarded, or otherwise made available to it in the following order: (4)(1) To pay the costs necessary to comply with the conditions of any federal-aid apportionments to the state department for the planning, surveying, constructing, paving, and improving of the public roads in Georgia; and (5) Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows: (A) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and (C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and (6)(2) After the requirements set out in the foregoing provisions of this Code section 1234 JOURNAL OF THE SENATE have been met, the remainder of the moneys allocated from the State Public Transportation Fund to shall be expended to pay the costs of maintaining, improving, constructing, and reconstructing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces and to pay the costs of operating the department and for any emergencies or unusual situations, the existence of which is concurred in by the secretary of transportation." SECTION 1-32. Said title is further amended in Code Section 32-5-22, relating to expenditures from the State Public Transportation Fund, by revising said Code section as follows: "32-5-22. Expenditures from the The State Public Transportation Fund Agency, with the approval of the State Transportation Authority, may be made, authorize expenditures from the State Public Transportation Fund under such conditions as the department agency may provide, for streets, driveways, and parking areas located upon the property of and serving: (1) Public schools; (2) Colleges of the university system; (3) State agencies and governments of political subdivisions; and (4) Hospitals constructed with the assistance of financial grants from the federal government, authorized by Title 42, Chapter 6A, Subchapter IV, United States Code, as amended." SECTION 1-33. Said title is further amended in Code Section 32-5-25, relating to use of funds from the State Public Transportation Fund in regard to acquisition of rights of way, by revising said Code section as follows: "32-5-25. Whenever property is acquired under subsection (e) of Code Section 32-3-3, all expenses of the acquisition thereof, including the purchase price and all direct and consequential damages awarded in any proceeding brought to condemn any such right of way, shall be paid by the county in which such right of way or portion thereof is situated. When such right of way or portion thereof lies within the limits of a municipality, acquisition expenses shall be paid by such municipality unless the county concerned agrees to procure such right of way on behalf of the municipality. However, nothing contained in this Code section shall prevent the department from using the moneys made available to it from the State Public Transportation Fund or Federal Public Transportation Fund to acquire such right of way, to pay any damage awarded on account of the location of any road that is a part of the state highway system, or to assist a county or municipality in so doing. Furthermore, nothing in this Code section shall be construed to authorize an expenditure from the moneys allocated from the State Public Transportation Fund or Federal Public Transportation Fund for the procurement THURSDAY, MARCH 5, 2009 1235 of a right of way for a road to be constructed on a county road system or municipal street system except as otherwise provided by law or by agreement between the federal government and the department subject to approval by the State Transportation Agency or the State Transportation Authority." SECTION 1-34. Said title is further amended in Article 3 of Chapter 5, relating to the allocation of state and federal funds for public roads, by repealing said article. SECTION 1-35. Said title is further amended in Code Section 32-6-70, relating to state policy regarding outdoor advertising signs, by revising subsection (b) as follows: "(b) The General Assembly further declares it to be the policy of this state to avert substantial economic hardship by the retention, in specific areas defined by the board department, upon request made by the Department of Transportation and approved by the United States Secretary of Transportation, of directional signs, displays, and devices which were lawfully erected under state law in force at the time of their erection, which were in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73, where it can be demonstrated that such signs, displays, and devices (1) provide directional information about goods and services in the specific interest of the traveling public and (2) are such that removal would work a substantial economic hardship in such defined area." SECTION 1-36. Said title is further amended in Code Section 32-6-71, relating to definitions pertaining to outdoor advertising signs, by revising paragraphs (1) and (29) as follows: "(1) 'Defined area' means any area or areas within the state defined by the board department, upon request made by the State Department of Transportation and approved by the United States Secretary of Transportation, to be an area where the removal of directional signs, displays, and devices which were lawfully erected under state law in force at the time of their erection, which were in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73 would deprive the traveling public of directional information about goods and services in the specific interest of the traveling public and would work a substantial economic hardship in such defined area or areas." "(29) 'Zoned commercial or industrial areas' means those areas which are zoned for industrial or commercial activities pursuant to state or local zoning laws or ordinances as part of a comprehensive zoning plan. Strip zoning shall not be considered as a bona fide comprehensive zoning plan. Comprehensive zoning plans for the purposes of outdoor advertising only shall be approved by the board department when an application for a permit has been made." 1236 JOURNAL OF THE SENATE SECTION 1-37. Said title is further amended in Code Section 32-6-75.2, relating to dedication of funds to the Roadside Enhancement and Beautification Fund, by revising said Code section as follows: "32-6-75.2. There is established a special fund to be known as the 'Roadside Enhancement and Beautification Fund.' This fund shall consist of all moneys collected under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues derived from the sale of any special and distinctive wildflower motor vehicle license plates issued pursuant to Code Section 40-2-49.2, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 326-75.3 and manufacturing fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. In addition to the foregoing, the department may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under Code Section 40-2-49.2, and develop any fund raising or other promotional techniques deemed appropriate by the department. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board, the Senate Transportation Committee, the Transportation Committee of the House of Representatives, and to members of the public on request." SECTION 1-38. Said title is further amended in Code Section 32-6-76, relating to restrictions on directional signs, by revising paragraph (11) as follows: "(11) Advertises privately owned activities or attractions other than natural phenomena, scenic attractions, historic, educational, cultural, scientific, and religious sites, agricultural tourist attractions designated by the Department of Agriculture, and outdoor recreational areas and which are nationally or regionally known and are of outstanding interest to the traveling public, as determined by the State Transportation Board commissioner." SECTION 1-39. Said title is further amended in Code Section 32-6-88, relating to the designation of defined areas, by revising said Code section as follows: "32-6-88. Upon written request made by any county, city, corporation, partnership, association, THURSDAY, MARCH 5, 2009 1237 person, or persons, the board department is authorized to consider and to designate a specific area or areas as a defined area or areas, upon a showing having been made that the area in question contains directional signs, displays, or devices which were lawfully erected under state law in force at the time of erection and in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (6) of Code Section 32-6-72 and paragraphs (1) through (4) of Code Section 32-6-73, and upon a further showing that such directional signs, displays, and devices provide directional information about goods and services in the specific interest of the traveling public and that their removal would work a substantial economic hardship in such defined area or areas." SECTION 1-40. Said title is further amended in Code Section 32-6-89, relating to directional signs in defined areas, by revising said Code section as follows: "32-6-89. Upon designation made by the board department of an area or areas as a defined area or areas for purposes of requesting the approval of the United States Secretary of Transportation for the retention of directional signs, displays, and devices in the specific interest of the traveling public, the Georgia Department of Transportation department is authorized to request the approval of the United States Secretary of Transportation." SECTION 1-41. Said title is further amended in Code Section 32-8-2, relating to last resort replacement housing for displaced persons, by revising said Code section as follows: "32-8-2. The department shall have the authority, as a last resort, to provide replacement housing when a federal-aid project financed in whole or in part with federal aid cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the department, with prior concurrence of the board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of providing replacement housing. The department may exchange, lease, or sell to the displaced person such replacement housing. Whenever any real property has been acquired under this Code section and thereafter the department determines that all or any part of such property or any interest therein is no longer needed for such purposes because of changed conditions, the department is authorized to dispose of such property or interest therein in accordance with subsection (b) of Code Section 32-7-4." SECTION 1-42. Said title is further amended in Code Section 32-8-4, relating to payment of expenses of persons displaced by projects on the state highway system, by revising said Code section 1238 JOURNAL OF THE SENATE as follows: "32-8-4. The department is authorized to make or approve payments for all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses as provided for in subparagraphs (a)(2)(A), (a)(2)(B), and (a)(2)(C) of Code Section 32-8-1 of any individual, family, business, farm operation, or nonprofit organization displaced by a state-aid highway project on the state highway system, the cost of which is now or hereafter financed in whole or in part from state funds. The department shall be guided by the policies, provisions, and limitations of the Uniform Act. The department shall not implement any relocation assistance on any state-aid projects on the state highway system without the prior concurrence of the board." SECTION 1-43. Said title is further amended in Code Section 32-8-5, relating to last resort replacement housing for persons displaced by projects on the state highway system, by revising said Code section as follows: "32-8-5. The department shall have the authority, as a last resort, to provide replacement housing when a state-aid project on the state highway system cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the department, with prior concurrence of the board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of relocating or constructing replacement housing. The department may exchange, lease, or sell to the displaced person such replacement housing. Whenever any real property has been acquired under this Code section and thereafter the department determines that all or any part of said property or any interest therein is no longer needed for such purposes because of changed conditions, the department is authorized to dispose of such property or interest therein in accordance with subsection (b) of Code Section 32-7-4." SECTION 1-44. Said title is further amended in Code Section 32-9-1, relating to financial support and project grants for mass transportation, by repealing said Code section and designating it as "Reserved." SECTION 1-45. Said title is further amended in Code Section 32-9-2, relating to operation of mass transit facilities or systems by the Department of Transportation, by repealing said Code section and designating it as "Reserved." SECTION 1-46. Said title is further amended in Code Section 32-9-4, relating to designation of travel THURSDAY, MARCH 5, 2009 1239 lanes by the Department of Transportation, by repealing said Code section and designating it as "Reserved." SECTION 1-47. Said title is further amended in Code Section 32-9-4.1, relating to the designation of FlexAuto lanes, by repealing said Code section. SECTION 1-48. Said title is further amended in Code Section 32-9-5, relating to ride-share programs, by repealing said Code section and designating it as "Reserved." SECTION 1-49. Said title is further amended in Code Section 32-9-6, relating to financial assistance for rail service, by repealing said Code section and designating it as "Reserved." SECTION 1-50. Said title is further amended in Code Section 32-9-10, relating to the implementation of the federal Intermodal Surface Transportation Efficiency Act of 1991, by repealing said Code section. SECTION 1-51. Said title is further amended in Code Section 32-9-11, relating to transit services with local governments, by repealing said Code section. SECTION 1-52. Said title is further amended in Code Section 32-9-12, relating to a pilot program for funding streetcar projects, by repealing said Code section. SECTION 1-53. Said title is further amended in Code Section 32-10-1, relating to a definitions relative to the Georgia Highway Authority, by revising paragraph (3) and subparagraphs (C), (D), and (E) of paragraph (10) as follows: "(3) 'Board' means the State Transportation Board or the commissioner of transportation acting as the chief executive officer of the Department of Transportation; and, whenever any action is required to be taken, any power is permitted to be exercised, any approval is to be granted, or any contract is to be executed by the State Transportation Board, pursuant to any provision of this article, the same may be taken, exercised, granted, or executed by the commissioner to the extent permitted by law Reserved." "(C) A continuous length or stretch of urban road, including bridges thereon, as to which the authority has undertaken or agreed to undertake any action permitted by the terms of this article or as to which any such action has been completed by the authority; and 1240 JOURNAL OF THE SENATE (D) One or more bridges, as defined in paragraph (5) of this Code section, together with the approaches thereto, as defined in paragraph (1) of this Code section; and (E) A project undertaken pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78." SECTION 1-54. Said title is further amended in Code Section 32-10-5, relating to conveyance of property to the Georgia Highway Authority, by revising subsections (a) and (c) as follows: "(a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time, or may be used upon completion of any action committed to the authority by this article, as a state road, a county road, or an urban road. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration." "(c) The board or its successors and the department are is empowered to acquire, in any manner now permitted to them it by law, and to expend funds available to them it for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as above-provided to the authority." SECTION 1-55. Said title is further amended in Code Section 32-10-8, relating to initiation and selection of projects by the Georgia Highway Authority, by revising said Code section as follows: "32-10-8. (a) Action by the authority with respect to any project or combination of projects shall be initiated as follows: The board department, after investigation, shall by resolution recommend the undertaking to the authority with respect to a specific project or a group of projects of any action permitted by this article and deemed by the board department to be desirable, in the public interest, and consistent with the purposes provided in subsection (b) of this Code section. The authority shall consider such request and may by resolution provide for undertaking and financing of all or any part of such recommended actions but it shall be under no duty to undertake or finance any of them. (b) The board department is authorized to make and to expend any funds available to it for the purpose of making surveys, studies, and estimates in connection with formulating its recommendations to the authority; and it is further authorized to prepare, furnish, and expend its funds for the purpose of preparing all necessary plans and specifications and furnishing all engineering skill and supervision for any project or projects with respect to which the authority has undertaken or contemplates undertaking any action permitted by this article. The department shall keep an accurate record of such expenses which, if not reimbursed or paid for by the authority as permitted in subsection (d) of this Code section, shall be deemed proper and legitimate expenses of THURSDAY, MARCH 5, 2009 1241 the board and department. (c) The surveys, plans, and specifications for any action taken by the authority with respect to any project shall be prepared by the department, and the engineering and construction supervision shall be performed by the department unless the board department specifically authorizes the authority to do so with its own employees and agents. In any event, all such plans and specifications shall be approved by the chief engineer before work is entered upon pursuant to this subsection. (d) The authority may contract to reimburse the department for surveys, studies, estimates, plans, specifications, furnishing engineering skill and supervision, and for any other services permitted by this article from the proceeds of any issue of revenue bonds secured by the rentals of the project or group of projects with respect to which the services were rendered; and the same shall be considered as part of the cost of the project. (e) In selecting projects pursuant to this Code section, the board department shall locate urban road projects according to a formula which will allocate to each urban incorporated municipality or urban county, as the case may be, a project or projects estimated to cost an amount approximately equal to the percentage of $100 million which 110 percent of the population of such urban incorporated municipality or which 100 percent of the population of such urban county, as the case may be, bears to the sum of the total population of all urban counties plus 110 percent of the total population of all urban incorporated municipalities except those in urban counties. As used in this subsection, the term 'population' means the population figures according to the most recent official United States census. If any urban incorporated municipality or urban county fails to qualify for one or more of its projects, the board department shall have full authority to substitute other projects; but such substituted project shall count in the formula allocation and the urban incorporated municipality or urban county which failed to qualify shall have a cumulative credit for the amount of such forfeited project." SECTION 1-56. Said title is further amended in Code Section 32-10-10, relating to payment of rentals by lessees and enforcement of covenants and obligations, by revising subsection (a) as follows: "(a) The rentals contracted to be paid by lessees to the authority under leases entered upon pursuant to this article shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the Governor and the board department to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this article, the authority may enforce performance by any legal or equitable process against lessees; and consent is given for the institution of any such action." 1242 JOURNAL OF THE SENATE SECTION 1-57. Said title is further amended in Code Section 32-10-13, relating to composition of the authority's fund and purposes for which it may be utilized, by revising paragraph (3) as follows: "(3) The construction of any project requested by the board department, the cost of which may amount to a sum less than the accumulated balance of such fund;" SECTION 1-58. Said title is further amended in Code Section 32-10-43, relating to rights and remedies of holders of bonds and coupons, by revising said Code section as follows: "32-10-43. Any holder of bonds or interest coupons issued under this article, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights given in this Code section 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 action, mandamus, or other proceedings protect and enforce any and all rights under the laws of Georgia or granted in this Code section or under such resolution or trust indenture. Also, any holder of bonds or interest coupons issued under this article, any receiver for such holders, or any indentured trustee may enforce and compel performance of all duties required by this article or by resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects; and, in the event of default of the authority upon the principal and interest obligations of any bond issue, the individual, receiver, or trustee specified in this Code section shall be subrogated to each and every right, specifically including the contract rights of collecting rentals, which the authority may possess against the board and the department or either of them or their respective its successors; and, in the pursuit of their its remedies as subrogee, such individual, receiver, or trustee may proceed, either at law or in equity, by action, mandamus, or other proceedings to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon or to enforce the payment thereof against any property of the state; nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state. However, any provision of this article or any other law to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings, including without being limited to mandamus, to enforce compliance by the appropriate public officials with Article VII, Section IV and Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia; and permission is given for the institution of any such proceedings to compel the payment of lease obligations." THURSDAY, MARCH 5, 2009 1243 SECTION 1-59. Said title is further amended in Code Section 32-10-46, relating to protection of the interests and rights of bondholders, by revising said Code section as follows: "32-10-46. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; nor will the state itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance by its board and the department, or either of them, or their its successors, of all project rental and lease contracts and all the covenants thereof entered into under this article. This article shall be for the benefit of the state, the authority, and each and every holder of the authority's bonds and upon and after the issuance of bonds under this article shall constitute an irrevocable contract with the holders of such bonds." SECTION 1-60. Said title is further amended in Code Section 32-10-48, relating to the right of the Georgia Highway Authority to declaratory adjudication of validity and binding effect of lease contracts, by revising said Code section as follows: "32-10-48. In and as an integral but independent part of the bond validation proceedings under this article, or separately, the authority is given the right to and privilege of a simultaneous or separate right of action or equitable bill against the state, the board, and the department for a declaratory adjudication of the validity and binding effect of all lease contracts whose rental income may be pledged or partially pledged to the benefit of any bonds being validated. In each instance of the exercise of this right the actual controversy shall be whether or not the purported contracts contested are in all respects good and sufficient, valid, and binding obligations of the board and department. Any citizens of the state may intervene in such actions and assert any ground of objection. It shall be incumbent upon the board and department to defend against an adjudication of such validity or be forever bound unto the authority and all succeeding to the rights of the authority thereafter. Such adjudications may be rendered as an integral but independent part of the judgment upon the validation issue with which they are contested or may be rendered separately." SECTION 1-61. Said title is further amended in Chapter 11, relating to the interstate rail passenger network compact, by repealing said chapter and designating it as "Reserved." PART II Provisions Repealing the State Road and Tollway Authority 1244 JOURNAL OF THE SENATE SECTION 2-1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is repealed in its entirety and designated as "Reserved." PART III Provisions Creating the State Transportation Agency and State Transportation Authority SECTION 3-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding two new chapters to read as follows: "CHAPTER 11A 32-11A-1. This chapter shall be known and may be cited as the 'State Transportation Agency Act.' 32-11A-2. As used in this chapter, the term: (1) 'Agency' means the State Transportation Agency. (2) 'Authority' means the State Transportation Authority created by Chapter 12 of this title. (3) 'Board' means the State Transportation Agency Board. 32-11A-3. There is created the State Transportation Agency. The agency shall control, award, grant, disburse and pay the State Public Transportation Fund in accord with the appropriations Acts and the allocations and state-wide guidance and policies of the authority. The agency shall receive all moneys made available to the agency by the General Assembly or otherwise for purposes of the authority, and the agency shall disburse such moneys to the authority or otherwise in accord with the terms of the agency's funding, the allocations of the authority, and authority's state-wide guidance and policies. 32-11A-4. (a) The members of the authority shall constitute the board of the agency and shall exercise all of the agency's powers and duties when acting in that capacity. The chairperson and any other such positions established on the board shall be held by the same members holding such positions on the authority. (b) The board shall provide for the holding of regular and special meetings, for bylaws, and for rules and regulations within its discretion. It shall not be subject to Chapter 13 THURSDAY, MARCH 5, 2009 1245 of Title 50, the 'Georgia Administrative Procedure Act,' in any capacity or activity. The board shall hold at least one regular meeting during each fiscal year but may hold as many regular meetings during any fiscal year as may be deemed necessary. The chairperson is authorized to call at any time a special meeting of the board, provided at least five business days' advance notice is provided to each member. A majority of the members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power, duty, or function of the board; and no vacancy on the board shall impair the right of a quorum of the members of the board then in office to transact any business or to exercise any power, duty, or function of the board. The concurrence of a majority of members present at any meeting of the board at which a quorum is present shall be sufficient to constitute official action of the board. All meetings of the board shall be open to the public except as otherwise provided by state law. Meetings of the board shall generally be held at the principal office or place of business of the agency but may be held elsewhere within the state when authorized by the board. (d) When serving in the capacity of members of the board, the members shall receive compensation and reimbursements in the same manner as they would when serving in their capacity as members of the authority. 32-11A-5. The secretary of transportation shall be the executive director of the agency and the agency and authority shall provide his or her compensation. Unless otherwise directed by the board, the secretary of transportation may employ, terminate, and prescribe duties for employees of the agency and may arrange for services of employees of the authority. All members of the board and officers and employees of the agency shall be covered by a fidelity bond or bonds in such sum or sums and conditioned for such purpose or purposes as the board shall determine, and the cost thereof shall be paid from funds available to the agency. CHAPTER 12 ARTICLE 1 Part 1 32-12-1. This chapter shall be known and may be cited as the 'State Transportation Authority Act.' 32-10-60 32-12-2. As used in this article chapter, the term: (1) 'Approach' means that distance on either end of a bridge as shall be required to develop the maximum traffic capacity of a bridge, including but not limited to necessary rights of way, grading, paving, minor drainage structures, and such other construction necessary to the approach. 1246 JOURNAL OF THE SENATE (2) 'Authority' means the State Transportation Authority. This new authority is a successor to the State Tollway Authority, created by the 'State Tollway Authority Act,' Ga. L. 1953, Jan.-Feb. Sess., p. 302, as amended particularly by Ga. L. 1972, p. 179, and on and after April 30, 2001, also means the State Road and Tollway Authority, and the Georgia Regional Transportation Authority. (3) 'Bridge' means a structure, including the approaches thereto, erected in order to afford unrestricted vehicular passage over any obstruction in any public road, including but not limited to rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals. (4) 'Clean Air Act' means the federal Clean Air Act, as amended and codified at 42 U.S.C.A. Sections 7401 to 7671q. (4)(5) 'Cost of project' or 'cost' means the cost of construction, including relocation or adjustments of utilities; the cost of all lands, properties, rights, easements, and franchises acquired; relocation expenses; the cost of all machinery and equipment necessary for the operation of the project; financing charges; interest prior to and during construction and for such a period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to become sufficient to meet the requirements of the bond issue; the cost of engineering, legal expenses, 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 article chapter, the construction of any project, and the placing of the same 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 for such project under this article chapter. (6) 'Department' means the Georgia Department of Transportation. (7) 'Metropolitan planning organization' means the forum for cooperative transportation decision making for a metropolitan planning area. (8) 'Metropolitan transportation plan' means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area. (5)(9) 'Project' means land public transportation systems, including: (A) one or more roads or bridges or a system of roads, bridges, and tunnels or improvements thereto included on an approved state-wide transportation improvement program on the Developmental Highway System as set forth in Code Section 32-4-22, as now or hereafter amended, or a comprehensive transportation plan pursuant to Code Section 32-2-3 included on the state-wide strategic transportation plan or which are toll access roads, bridges, or tunnels, with access limited or unlimited as determined by the authority, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; and (B) any program for mass transportation or mass transportation facilities as approved by the authority and the department and such buildings, structures, parking areas, appurtenances, and facilities THURSDAY, MARCH 5, 2009 1247 related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities. (6)(10) 'Relocation expenses' means all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses of any individual, family, business, farm operation, or nonprofit organization displaced by authority projects to the extent authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17. (6.1)(11) '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 32-12-61 and 32-12-62, any federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, any other moneys of the authority pledged for such purpose, and any other moneys received by the authority pursuant to from the Georgia Transportation Infrastructure Bank. (7)(12) 'Revenue bonds,' 'revenue bond,' 'bonds,' or 'bond' means any bonds, notes, interim certificates, reimbursement anticipation notes, or other evidences of indebtedness of the authority authorized by Part 2 of this article Article 2 of this chapter, including without limitation obligations issued to refund any of the foregoing. (8)(13) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects or from any other revenues available to the authority, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, the department, other state agencies or authorities, the United States government, or any county or municipality, shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. (14) 'State implementation plan' means the portion or portions of an applicable implementation plan approved or promulgated, or the most recent revision thereof, under Sections 110, 301(d), and 175A of the Clean Air Act. (15) 'State-wide strategic transportation plan' means the official, intermodal, comprehensive, fiscally constrained transportation plan which includes projects, programs, and other activities to support implementation of the state's strategic transportation goals and policies. This plan and the process for developing the plan shall comply with 23 C.F.R. Section 450.104. (16) 'State-wide transportation improvement program' means a state-wide prioritized listing of transportation projects covering a period of four years that is consistent with the state-wide strategic transportation plan, metropolitan transportation plans, and transportation improvement programs and required for multi-modal projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. 1248 JOURNAL OF THE SENATE (17) 'Transportation improvement program' means a prioritized listing of transportation projects covering a period of four years that is developed and formally adopted by a metropolitan planning organization as part of the metropolitan transportation planning process, consistent with the metropolitan transportation plan, and required for projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. (9)(18) 'Utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, transporting, or distributing communications, power, electricity, light, heat, gas, oil products, passengers, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police, and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph. 32-12-3. (a) As used in this Code section, the term: (1) 'Authority' means the State Transportation Authority established in this chapter. (2) 'Transferred authorities' means the Georgia Regional Transportation Authority set forth in Chapter 32 of Title 50 and the State Road and Tollway Authority set forth in Article 2 of Chapter 10 of Title 32, as each entity existed as of June 30, 2009. (b) Beginning July 1, 2009, 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) 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. (e) 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. 32-10-61 32-12-4. The State Tollway Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the state known as the 'State Road and Tollway Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and THURSDAY, MARCH 5, 2009 1249 defend in all courts of this state, subject to the limitations of Code Section 32-10-110. (a) There is created the State Transportation Authority as a body corporate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation thereof, for purposes of planning, overseeing transportation construction, and contracting with state or private entities to implement construction plans and other transportation projects, and managing or causing to be managed land transportation, tollways and tolling, public transit, and air quality within designated areas of this state. The authority shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The State Transportation Authority is the successor to the Georgia Regional Transportation Authority and the State Road and Tollway Authority and shall have the duties, responsibilities, functions, powers, and authority formerly held by those authorities. The authority shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. (b) The authority shall be the state's principal agency for developing, coordinating, administering, and managing transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation and is specifically charged with the responsibility of highway construction in this state. (c) The jurisdiction of the authority shall extend throughout this state with respect to land transportation, tollways, and public transportation or transit. The jurisdiction of the authority with respect to air quality standards shall be as defined in Code Sections 32-12-70 through 32-12-74. (d) The authority shall be assigned to the State Transportation Agency for administrative purposes pursuant to Code Section 50-4-3. 32-10-62 32-12-5. (a) The terms of office of the members of the State Road and Tollway Authority and the Georgia Regional Transportation Authority as of June 30, 2009, shall expire at midnight on that date. The terms of office of the members of the authority appointed under the provisions of this Code section shall begin on July 1, 2009. (b)(a) The members of the authority shall be ex officio the Governor, the commissioner of transportation, the director of the Office of Planning and Budget, one member The authority shall be composed of five members to be appointed by the Governor, three members to be appointed by the Lieutenant Governor and to serve during the term of office of the Lieutenant Governor and until a successor is duly appointed and qualified, and one member three members to be appointed by the Speaker of the House of Representatives and to serve during the term of office of the Speaker of the House of Representatives and until a successor is duly appointed and qualified; and membership. The members appointed by the Governor and the Lieutenant Governor shall be ratified by the Senate, and the members appointed by the Speaker of the House of 1250 JOURNAL OF THE SENATE Representatives shall be ratified by the House of Representatives. All appointments of members of the authority shall be ratified within five legislative days of the submittal of the appointments to the Senate or to the House of Representatives. (c) Members of the authority shall be appointed for a term of four years or until the individual holding the appointing office shall cease to hold such office, whichever is less. No member of the authority shall serve for more than two consecutive terms. Members of the authority shall serve at the pleasure of the appointing officer. (d) Membership on the authority shall be a separate and distinct duty for which they members shall receive no additional compensation. All members of the authority shall be entitled to all actual expenses necessarily incurred while in the performance of duties on behalf of the authority. The authority shall elect one of its the members of the authority as chairman chairperson. The Governor shall select the secretary of the authority, who shall be the state's secretary of transportation and who shall not be an appointed member of the authority and who shall be responsible for implementing and managing the plans developed by the authority. It shall also elect a secretary and a treasurer, who need not necessarily be members of the authority. The authority may shall make such bylaws for its government as is deemed necessary but it is under no duty to do so. A majority of the Six members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article chapter. (b)(e) No vacancy on the authority shall impair the right of the quorum to transact any and all business as stated in this Code section chapter. Members of the authority shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the authority, including books of income and disbursements of every nature. The books and records shall be inspected and audited by the state auditor at least once a year. 32-12-6. (a) The secretary of transportation shall be the chief executive officer of the authority who shall execute and implement, at the authority's direction, the authority's duties as the state's principal agency for developing, coordinating, administering, and managing transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation. Furthermore, pursuant to the authority's obligations, the secretary of transportation is specifically charged with the responsibility of highway construction in this state. (b) The secretary of transportation, with the approval of the members of the authority, shall establish such units within the authority as he or she deems proper for its administration. The secretary of transportation shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them. The secretary of transportation may employ or delegate deputies or other individuals to oversee the transportation needs of the state and carry out the duties placed on the secretary by the authority. Such deputies and other delegated individuals THURSDAY, MARCH 5, 2009 1251 may include, but shall not be limited to, a deputy for finance, a deputy for planning, and a deputy for construction and maintenance, who may be the commissioner of transportation. (c) The secretary of transportation shall have the authority to employ as many persons as he or she deems necessary for the administration of the authority and for the discharge of the duties of his or her office, and he or she may also engage available officers, personnel, and resources within the Department of Transportation to fulfill the purposes of the authority. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the authority within the limitations of the restrictions set forth by law. 32-10-63 32-12-7. (a) The authority shall have, in addition to any other powers conferred in this article chapter, the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, exchange, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To appoint such additional officers, who need not be members of the authority, as the authority deems advisable and to employ such experts, employees, and agents as may be necessary, in its judgment, to carry on properly the business of the authority; to fix their compensation; and to promote and discharge same; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, including but not limited to those procedures in Article 1 of Chapter 3 of this title, 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 or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this article chapter except from the funds provided under the authority of this article chapter; and, in any proceedings to condemn, such order may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this article chapter upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; (5) To make such contracts, leases, or conveyances as the legitimate and necessary purposes of this article chapter shall require, including but not limited to contracts for construction or maintenance of projects, provided that the authority shall consider the possible economic, social, and environmental effects of each project, and the authority 1252 JOURNAL OF THE SENATE shall assure that possible adverse economic, social, and environmental effects relating to any proposed project have been fully considered in developing such project and that the final decision on the project is made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and the cost of eliminating or minimizing adverse economic, social, and environmental effects. Furthermore, in order to assure that adequate consideration is given to economic, social, and environmental effects of any tollway project under consideration, the authority shall: (A) For federal-aid projects, follow Follow the processes required for federal-aid highway projects, as determined by the National Environmental Policy Act of 1969, as amended, except that final approval of the adequacy of such consideration shall rest with the Governor, as provided in subparagraph (C) of this paragraph, acting as the chief executive of the state, upon recommendation of the commissioner, acting as chief administrative officer of the Department of Transportation; (B) In the location and design of any project, avoid the taking of or disruption of existing public parkland or public recreation areas unless there are no prudent or feasible project location alternates. The determination of prudency and feasibility shall be the responsibility of the authority as part of the consideration of the overall public interest; and (C) For federal-aid projects, not Not approve and proceed with acquisition of rights of way and construction of a project until: (i) there has been held, or there has been offered an opportunity to hold, a public hearing or public hearings on such project in compliance with requirements of the Federal-aid Highway Act of 1970, as amended, except that neither acquisition of right of way nor construction shall be required to cease on any federal-aid project which has received federal approval pursuant to the National Environmental Policy Act of 1969, as amended, and is subsequently determined to be eligible for construction as an authority project utilizing, in whole or in part, a mix of federal funds and authority funds; and (ii) the adequacy of environmental considerations has been approved by the Governor, for which said approval of the environmental considerations may come in the form of the Governor's acceptance of a federally approved environmental document; and (D) Let by public competitive bid upon plans and specifications approved by the chief engineer or his or her successors all contracts for the construction of projects, unless otherwise expressly authorized pursuant to Code Section 32-12-31; (6) To construct, erect, acquire, own, repair, maintain, add to, extend, improve, operate, and manage projects, as defined in paragraph (5)(9) of Code Section 32-1060 32-12-2, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, from other funds available to the authority, or from any combination of such sources; (7) To apply for, accept, and administer any federal highway or federal transit funds and any other federal highway or transit assistance received from time to time for the State of Georgia and to accept, with the approval of the Governor, loans and grants, either or both, of money or materials or property of any kind from the United States THURSDAY, MARCH 5, 2009 1253 government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, authority, agency, or instrumentality of either of them shall impose; (8) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable from revenues of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which power is not in conflict with the Constitution and laws of Georgia; (10) To covenant with bondholders for the preparation of annual budgets for each project and for approval thereof by engineers or other representatives designated by the bondholders of each project, as may be provided for in any bond issue resolutions or trust indentures, and to covenant for the employment of experts or traffic engineers; (11) To lease its property to the United States government, the State of Georgia, or its political subdivisions, including any agency, authority, or instrumentality of the foregoing governments or political subdivisions, as well as to persons, public or private, for the construction or operation of facilities of benefit to the general public; (12) By or through its authorized agents or employees, to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as the authority may deem necessary or convenient for the purposes of this article chapter; and such entry shall not be deemed a trespass. The authority shall, however,; provided, however, the authority shall make reimbursement for any actual damages resulting from such activities; (13) To make reasonable regulations for the installation, construction, maintenance, repairs, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project; (14) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including but not limited to real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authority's bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure such bonds; and (15) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained land public transportation systems and other land transportation projects, and all facilities and appurtenances necessary or beneficial thereto, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes, and to enter into contracts and agreements with the Georgia Department of Transportation, county and local governments, and transit system operators for those purposes; 1254 JOURNAL OF THE SENATE (16) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained air quality control installations, and all facilities and appurtenances necessary or beneficial thereto, within the geographic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes; provided, however, that where such air quality control measures are included in an applicable implementation plan, they shall be approved by the Environmental Protection Division of the Department of Natural Resources and by the United States Environmental Protection Agency where necessary to preserve their protected status during any conformity lapse; (17) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs and to negotiate with the propounder of the plans concerning changes or amendments to such plans which may be recommended by the authority or the Governor, consistent with applicable federal law and regulation, and to adopt such regional plans as all or a portion of its own regional plans; (18) To review any transportation projects proposed by the Department of Transportation and to adopt, remove, or revise such projects as all or a portion of its own plans consistent with applicable federal law and regulation; (19) To develop and implement the state-wide strategic transportation plan and the state-wide transportation improvement program and to support the various transportation improvement programs; (20) To develop an annual capital construction project list to be reviewed by the Governor and submitted to the General Assembly consideration; (21) To develop formulas and strategies to ensure the proper distribution of moneys allocated from the State Public Transportation Fund and the Federal Public Transportation Fund; (22) To allocate funds from the State Public Transportation Fund and the Federal Public Transportation Fund for use on transportation projects; (23) To promulgate rules and regulations necessary to carry out its duties under the provisions of this title; and (15)(24) To do all things necessary or convenient to carry out the powers expressly given in this article title. (b) In addition to the above-enumerated general powers, and such other powers as are set forth in this chapter, the authority shall have the following powers with respect to special districts created and activated pursuant to this chapter: (1) By resolution, to authorize the provision of land public transportation services and the institution of air quality control measures within the bounds of such special districts by local governments within such special districts utilizing the funding methods authorized by this chapter where the facilities for such purposes are located wholly within the jurisdiction of such local governments and such special districts or are the subject of contracts between or among such local governments and where such THURSDAY, MARCH 5, 2009 1255 services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable; (2) By resolution, to authorize the utilization by local governments within such special districts of the funding mechanisms enumerated in Code Section 50-32-30 to provide funding to defray the cost of land public transportation and air quality control measures certified and provided pursuant to paragraph (1) of this subsection; (3) By resolution, to authorize the utilization by local governments within such special districts of the above-enumerated funding mechanisms to assist in funding those portions of regional land public transportation systems which lie within and provide service to the territory of such local governments within special districts; and (4) By resolution, to contract with local governments within such special districts for funding, planning services, and such other services as the authority may deem necessary and proper to assist such local governments in providing land public transportation services and instituting air quality control measures within the bounds of such special districts where the facilities for such purposes are located wholly within the jurisdiction of such local governments and such special districts or are the subject of contracts between or among such local governments, and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable. (c) The provision of local government services and the utilization of funding mechanisms therefor consistent with the terms of this chapter shall not be subject to the provisions of Chapter 70 of Title 36; provided, however, that the authority shall, where practicable, provide for coordination and consistency between the provision of such services pursuant to the terms of this chapter and the provision of such services pursuant to Chapter 70 of Title 36. 32-12-8. (a) The authority shall develop an allocation formula for: (1) A state-wide transportation asset management program; (2) A state-wide transportation asset improvement program; and (3) A local maintenance and improvement grant program. Funds from the State Public Transportation Fund and the Federal Public Transportation Fund shall be allocated by the authority pursuant to such formula as further defined in subsections (b) through (d) of this Code section and as appropriated by the General Assembly. Every four years, concurrent with the renewal of the state-wide strategic transportation plan, the authority shall update the data used in the allocation formula and shall review the distributional components of the formula and at such time may amend the formula as necessary to support implementation of the principles and policies provided in subsections (b) and (c) of Code Section 32-12-21. (b) Funds appropriated for the state-wide transportation asset management program shall be allocated by the authority pursuant to the long-range state-wide strategic transportation plan and shall be available for administration, maintenance, operations, and rehabilitation of infrastructure. 1256 JOURNAL OF THE SENATE (c)(1) Funds allocated for the state-wide transportation asset improvement program shall be allocated by the authority for capital construction projects, which may include new capacity, expansion of current infrastructure, safety improvements, or completion of, additions to, and capital improvement of state strategic corridors and economic development highways, including but not limited to those identified pursuant to Code Section 32-4-22. Recommendations for appropriation to the state-wide transportation asset improvement program shall include considerations of current and future regional population and regional employment, as well as other factors as may be determined by the authority. Local funding matches may be required. (2) A portion of this recommendation should be a specific itemized and prioritized project list and such portion shall not exceed 10 percent of the aggregate allocation from the State Public Transportation Fund and Federal Public Transportation Fund for such fiscal year. In developing such project list, the authority may accept project recommendations from the General Assembly and the Governor and evaluate such recommendations for the projects' adherence to investment policies set forth in subsection (c) of Code Section 32-12-21. Such projects shall be prioritized by the authority in accordance with the state-wide strategic transportation plan. The authority shall submit such capital construction projects prioritized by the authority to the Governor for consideration in advance of the legislative session each year. The Governor shall submit all or a portion of such capital construction project requests submitted by the authority as part of the Governor's budget recommendations to the General Assembly. The General Assembly may appropriate funds to any project on the prioritized project list as provided by the authority. (3) In addition to the portion of the state-wide transportation asset improvement program subject to the 10 percent limitation in paragraph (2) of this subsection, additional funds from the State Public Transportation Fund and the Federal Public Transportation Fund may be allocated to the state-wide transportation asset improvement program that are not subject to specific project selection. (4) For purposes of this subsection, the term 'regional' shall refer to the geographic boundaries of each region and shall be the same geographic boundaries of the regional commissions as defined in Article 2 of Chapter 8 of Title 50. (d) Funds allocated for the local maintenance and improvement grant program shall replace funds formerly available under the local assistance road program and state-aid program and shall be allocated by the authority to local governing authorities as grants or otherwise according to a funding formula developed by the authority. Such formula shall include considerations of paved and unpaved lane miles and vehicle miles traveled and may include population, employment, and local funding matches available, as well as other factors as may be determined by the authority. Funds allocated each fiscal year for the local maintenance and improvement grant program shall not be less than 25 percent of the net proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia, collected in the previous fiscal year and shall only be used for the purposes available for the proceeds of such tax. Grant funds may be withheld if adequate roadway standards, accounting practices, or transportation THURSDAY, MARCH 5, 2009 1257 plans are not followed. Additional allocations to this program from other funding sources must be allocated subject to the requirements for usage attached to such funds. 32-10-69 32-12-9. (a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board the State Transportation Board, which is used at the time or may, upon completion of any action committed to the authority by this article chapter, be used as a project. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration, provided that in the event of the inability of the authority to issue or sell the revenue bonds required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles, and interests so conveyed shall forever revert to the department or agency from which it came. (b) The governing authority of any county or incorporated municipality of this state is authorized and empowered on behalf of such political subdivision to convey to the authority any real property or interest therein or any rights of way owned by such political subdivision, which is used at the time or may, upon completion of any action committed to the authority by this article chapter, be used as a project if conveyed by a county or incorporated municipality. The consideration for such conveyance shall be determined by the governing authority of such political subdivision and expressed in the deed of conveyance. Such consideration, however, shall be nominal, the benefits flowing to the political subdivisions and its citizens constituting full and adequate actual consideration. However, nothing in this subsection shall prevent the authority from reimbursing a political subdivision, as authorized in Code Section 32-10-70 3212-10. (c) The board or its successors and the department are is empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as provided in this Code section to the authority. 32-10-70 32-12-10. All counties, municipalities, and other political subdivisions of the state and all public agencies and officers of the state, notwithstanding any contrary provisions of the law, are authorized and empowered to lease, lend, grant, or convey to the authority, upon its request and upon such terms and conditions as the authority and the proper officials of such counties, cities, other political subdivisions, or public agencies or officials may agree upon as reasonable and fair, and without necessity for any advertisement, order of court, or other action or formality other than the regular execution of the proper instrument, any real or personal property which may be necessary or convenient to the effectuation of the purpose of this article chapter, including real or personal property devoted to public use. 1258 JOURNAL OF THE SENATE 32-10-72 32-12-11. All revenue in excess of all obligations of the authority of any nature, together with all unused receipts and gifts of every kind and nature whatsoever, shall be and become the authority fund. The authority, in its discretion, is charged with the duty of pledging, utilizing, or expending the authority fund for the following purposes: (1) Pledges to the payment of any revenue bond issue requirements, sinking or reserve funds, as may be provided for under Code Section 32-10-102 32-12-93; (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses; (3) The construction of all or any part of projects, the need for which is concurred in by the Governor and the board; (4) The most advantageous obtainable redemptions and retirements of the authority's bonds pursuant to the prepayment redemption privileges accorded to the authority upon the various issues of bonds outstanding; (5) The most advantageous open market purchase of the authority's bonds that the authority may accomplish; and (6) Investment in such securities and in such manner as it determines to be in its best interest; and. (7) Subject to the terms of any resolution or trust indenture authorizing the issuance of revenue bonds, the transfer of funds to the department to be used by the department for department purposes. 32-10-73 32-12-12. All moneys received pursuant to the authority of this article chapter, whether as proceeds from the sale of revenue bonds or as revenues, tolls, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this article chapter. The bondholders or any other entity paying or entitled to receive the benefits of such bonds shall have a lien on all such funds until applied as provided for in any resolution, contract, or trust indenture of the authority. The preceding sentence shall not apply to funds from the State Public Transportation Fund, and, as to funds from the Federal Public Transportation Fund, the preceding sentence shall apply only to such funds as specifically designated by the authority. 32-10-74 32-12-13. This article chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby 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. 32-10-75 32-12-14. This article chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of this article chapter. THURSDAY, MARCH 5, 2009 1259 32-9-4. 32-12-15. (a) The authority may require the department is authorized to designate travel lanes in each direction of travel on any road in the state highway system for the exclusive or preferential use of: (1) Buses; (2) Motorcycles; (3) Passenger vehicles occupied by two persons or more; (4) Vehicles bearing alternative fueled vehicle license plates issued under Code Section 40-2-76; or (5) Other vehicles as designated by the department. Where such designation has been made, the road shall be appropriately marked with such signs or other roadway markers and markings to inform the traveling public of the lane restrictions imposed. (a.1)(b) Upon approval through either legislative action in the United States Congress or regulatory action by the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles, as defined in Code Section 40-2-76, to use the travel lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section. (b)(c) No driver of any vehicle not authorized to be operated in a lane designated and signed for exclusive use shall operate such vehicle in such lane except to execute turning movements or in an emergency situation. Any person who violates this subsection shall be guilty of a misdemeanor, punishable as provided for in Code Section 40-6-54. (c)(d) No traffic lane shall be designated and signed for exclusive use pursuant to subsection (a) of this Code section without the approval of the State Transportation Board authority. (d)(e) The authority may require the department is authorized to promulgate necessary rules and regulations consistent with plans of the authority in order to carry out the purposes of this Code section. 32-9-4.1. 32-12-16. (a) As used in this Code section, the term 'FlexAuto lane' means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles during certain hours. (b) The authority may require the department, with the approval of the board, is authorized to designate FlexAuto lanes on the state highway system for the purpose of improving traffic flow in and around areas with a history of traffic congestion. (c) Any FlexAuto lane shall be appropriately striped and marked and shall have signage appropriate to indicate its nature, as determined by the department. The department may incorporate emergency havens, emergency ramps, or emergency parking pads into the design and creation of FlexAuto lanes, as determined appropriate 1260 JOURNAL OF THE SENATE by the department, with the approval of the authority. (d) The hours of usage of a FlexAuto lane shall be determined by the department, with the approval of the authority, not to exceed eight hours per day. (e) It shall be unlawful for any person operating any motor vehicle to use a FlexAuto lane for purposes of travel other than emergency use outside the permitted hours of travel use, as determined and posted by the department, with the approval of the authority. It shall be unlawful for any person operating any motor vehicle other than an automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of travel other than emergency use at any time. (f) Prior to implementing this Code section, the department shall, if necessary, the authority may require the department to seek to secure and implement any federal approvals, waivers, or other actions necessary or appropriate in order to implement this Code section without any loss or impairment of federal funding. (g) FlexAuto lanes shall not be implemented at more than 80 separate locations in the state until such time as the department has completed a one-year test use of such lanes. 32-9-5 32-12-17. Subject to general appropriations for such purposes, the department, pursuant to its rules and regulations, The authority is authorized, alone or in cooperation with counties, municipalities, authorities, state agencies, or private or public entities, to participate in the establishment and operation of ride-sharing programs. A ride-sharing program is an undertaking designed to encourage safe and adequate transportation by increasing the number of person-trips per vehicle, regardless of the type of vehicle. 50-32-20 32-12-18. (a) Upon request of the board of the authority, the Department of Transportation and the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departments which are not of a commercial proprietary nature, and shall assist the authority in identifying and locating such information resources. Reimbursement for costs of identification, location, transfer, or reproduction of such information resources, including personnel costs incurred by the respective departments for such purposes, shall be made by the authority to those respective departments. (b) The authority may request from time to time, and the Department of Transportation and the Department of Natural Resources shall provide as permissible under the Constitution and laws of this state, the assistance of personnel and the use of facilities, vehicles, aircraft, and equipment of those departments, and reimbursement for all costs and salaries thereby incurred by the respective departments shall be made by the authority to those respective departments. Part 2 32-2-3 32-12-20. (a) As used in this Code section, the term: THURSDAY, MARCH 5, 2009 1261 (1) 'Comprehensive plan' means the major transportation facilities described in this Code section as well as collectors and interconnecting routes within or between standard metropolitan areas, urban areas, and rural areas. (2) 'Local governing body' means the governing body of the city, town, municipality, county, or other local governing unit or authority in the area in which the major transportation facility will be located. (3)(2) 'Major transportation facility' means: (A) Any facility primarily designed to transport people or goods rapidly and efficiently, including but not limited to air transport facilities, railroads, bus services, terminals, freeways, expressways, arterial highways, belt highways, and port facilities; or (B) Any facility or facilities utilized in providing a mass transit system for a standard metropolitan area or urban area. (4)(3) 'Standard metropolitan area' means a county or group of contiguous counties or parts thereof as designated by the department authority which contains at least one central city of 50,000 inhabitants or more as determined by the latest available federal census or such other population estimate as may be provided by law. (5)(4) 'Transportation corridor' means a strip of land between two termini or central points within which travel, topography, land uses, environment, and other characteristics are evaluated for transportation purposes. (6)(5) 'Urban area' means an area including and adjacent to a municipality and other urban centers having a population of 5,000 or more as determined by the latest available federal census or such other population estimates as may be provided by law within boundaries to be fixed by the department authority. (b)(1) The department authority in conjunction with the affected local governmental bodies, regional planning agencies, and other appropriate state and federal agencies shall develop: (A) A comprehensive, state-wide, 20 year state-wide strategic transportation plan; (B) A comprehensive transportation plan for all standard metropolitan areas and those areas which the department authority determines, based upon population projections, will become a standard metropolitan area within 20 years, such plan to supplement and be compatible with the state-wide transportation plan; and (C) Comprehensive Transportation plans for regions and urban areas as such plans are deemed necessary by the department authority. (2) Priority for developing comprehensive transportation plans shall be given to areas in which the need for construction of major transportation facilities is anticipated. (3) In developing comprehensive transportation plans, the department authority shall take into account: (A) Future as well as present needs; (B) All possible alternative modes of transportation; (C) The joint use of transportation corridors and major transportation facilities for alternate transportation and community uses; (D) The integration of any proposed system into all other types of major 1262 JOURNAL OF THE SENATE transportation facilities in the community or region; (E) The coordination with other development plans in the community and region so as to facilitate and synchronize growth; and (F) The total environment of the community and region including land use, state and regional development goals and decisions, population, travel patterns, traffic control features, ecology, pollution effects, esthetics, safety, and social and community values. (c) In order to ensure an integrated transportation system, the planning, location, and design of transportation facilities shall be coordinated with the appropriate planning agencies and the affected local governmental bodies. (d)(1) The department authority may adopt local or regional transportation plans as part of or in lieu of the department's authority's plan. (2) The department authority may develop and design plans for arterial and collector roads and streets, vehicular parking areas, other transportation modes and facilities, and other support facilities which are consistent with the department's authority's comprehensive transportation plans. The department authority may render to local governmental bodies or their planning agencies such technical assistance and services as are necessary so that local plans and facilities are coordinated with the department's authority's plans and facilities. (e) The department authority shall develop systematic techniques for considering those factors to be used in developing comprehensive transportation plans pursuant to subsection (b) of this Code section so that all major transportation facilities are so planned that they will function as integral parts of the overall plan for community, regional, and state development as portrayed in the comprehensive transportation plans; and these plans shall be updated at reasonable intervals so as to maintain a viable plan for a 20 year planning period. (f)(1) The department authority shall, pursuant to its rules and regulations, hold planning hearings at the appropriate state, regional, or local level, at which time the comprehensive transportation plans included in subsection (b) of this Code section shall be presented for discussion and comment. (2) The department authority shall, pursuant to its rules and regulations, hold hearings at the appropriate regional or local level for major transportation facilities, or as required by federal law, as follows: (A) A facility, site, or project corridor hearing, at a time after the selection of the type or types of transportation facility or facilities to be constructed and prior to the final selection of the specific site or corridor of the proposed facility; and (B) A design hearing, at a time prior to the department's authority's commitment to a specific design proposal for the facility or facilities. (3) These public hearings shall be conducted so as to provide an opportunity for effective participation by interested persons in transportation policy decisions, the process of transportation planning, modal selections, and site and route selection, and the specific location and design of major transportation facilities. The various factors involved in the decision or decisions and any alternative proposals shall be clearly THURSDAY, MARCH 5, 2009 1263 presented so that the persons attending the hearing may present their views relating to the decision or decisions which will be made. The facility, site, or project corridor hearing and the design hearing for a proposed facility or facilities may be held simultaneously to satisfy the requirements of this subsection. (4)(A) The department authority may satisfy the requirements for a public hearing by holding a public hearing or by publishing two notices of opportunity for public hearing in a newspaper having general circulation in the vicinity of the proposed undertaking and holding a public hearing if any written requests for such a hearing are received. The procedure for requesting a public hearing shall be explained in the notice. The deadline for submission of such a request may not be less than 21 days after the publication of the first notice of opportunity for public hearing and no less than 14 days after the date of publication of the second notice of opportunity for public hearing. (B) A copy of the notice of opportunity for public hearing shall be furnished at the time of publication to the United States Department of Transportation, the appropriate departments of state government, and affected local governments and planning agencies. If no requests are received in response to a notice within the time specified for the submission of requests, the department authority shall be deemed to have met the hearing requirements. (C) The opportunity for another public hearing shall be afforded in any case when proposed locations or designs are changed from those presented in the notices specified in this paragraph or at a public hearing so as to have a substantially different transportation service, social, economic, or environmental effect. (D) The opportunity for a public hearing shall be afforded in each case in which the department authority is in doubt as to whether a public hearing is required. (5)(A) When a public hearing is to be held, two notices of such hearing shall be published in a newspaper having general circulation in the vicinity of the proposed undertaking. The first notice shall be published no less than 30 days prior to the date of the hearing and the second notice shall be published no less than five days prior to the date of the hearing. (B) Copies of the notice for public hearing shall be mailed to the United States Department of Transportation, appropriate departments of state government, and affected local governments and planning agencies. (g) All long-range comprehensive transportation plans developed pursuant to this Code section shall be submitted to the board for its approval or disapproval. 32-2-41.1 32-12-21. (a) On or before September 1, 2008, April 1, 2010, the commissioner secretary of transportation shall prepare a report draft of the state-wide strategic transportation plan for review and comment by 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 1264 JOURNAL OF THE SENATE 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 the state transportation improvement program and the various transportation improvement programs and a list of projects realistically expected to begin construction within the next five four 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 meet the principles set forth in subsection (b) of this Code section. The final version of the State-wide Strategic Transportation Plan statewide strategic transportation plan shall be completed by June 30, 2009 January 15, 2011, and shall be delivered to 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 on or before that date. An updated version of the State-wide Strategic Transportation Plan shall be prepared and delivered annually thereafter. The state-wide strategic transportation plan shall be reviewed every four years thereafter and may be revised or updated to comply with principles and policies provided in this Code section. The authority shall review and update, if necessary, the state transportation improvement program at least every two years, including collaboration with metropolitan planning organizations on updating the various transportation improvement programs. (b) The General Assembly finds that the following principles provide general guidance when Georgians contemplate reasonable development of the transportation system in this state: economic development, growth, and competitiveness; improved safety and security; maximized value of transportation assets; environmental stewardship; innovative delivery of projects and services; and consideration for equity. (c) The authority shall develop and abide by investment policies considering: (1) Growth in private-sector employment, development of work force, and improved access to jobs; (2) Reduction in traffic congestion; (3) Improved efficiency and reliability of commutes in major metropolitan areas; (4) Efficiency of freight, cargo, and goods movement; (5) Coordination of transportation investment with development patterns in major metropolitan areas; (6) Market driven travel demand management; (7) Optimized capital asset management; (8) Reduction in accidents resulting in injury and loss of life; (9) Border-to-border and interregional connectivity; and (10) Support for local connectivity to the state-wide transportation network. (d) The investment policies in subsection (c) of this Code section shall guide the development of the allocation formula provided for under Code Section 32-12-8 and shall expire on April 15, 2012, and every four years thereafter unless amended or THURSDAY, MARCH 5, 2009 1265 renewed. (b)(e) The report and plan prepared under subsection (a) of this Code section shall also be published on the website of the department authority. Every six months the authority shall report to the Governor, General Assembly, and metropolitan planning organizations on the progress achieved in completing projects and on the performance of the transportation network in accordance with the principles and policies provided in this Code section. Part 3 32-12-31. (a) The General Assembly finds that private sector participation in all stages of project development, including but not limited to design, finance, construction, operations, and maintenance, has the ability to yield public benefits such as expedited project completion, innovative design, customer service, public safety, and lower overall project construction and maintenance costs. (b) The secretary of transportation may evaluate proposed projects and recommend to the authority whether to fund a project using federal, state, or local funds; user fees; tolls; private financing; or any combination of the foregoing. The authority shall promulgate rules and regulations establishing procedures for public-private partnerships in a manner consistent with the policies provided in subsection (c) of Code Section 3212-21. (c) Unless expressly authorized by an authority rule or regulation relating to alternative procedures for letting contracts, including but not limited to public-private partnerships identified in subsection (b) of this Code section, all contracts shall be let to the reliable bidder submitting the lowest sealed bid. (d) The authority may require the department to implement a project in accordance with the department's procedures for letting contracts, and the department may be an eligible bidder on projects that the authority does not require the department to implement. Part 4 32-9-1 32-12-40. (a) As used in this Code section, the term: (1) 'Mass transportation' means all modes of transportation serving the general public which are appropriate, in the judgment of the department authority, to transport people, commodities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines. (2) 'Mass transportation facilities' means everything necessary for the conveyance and convenience of passengers and the safe and prompt transportation of freight on those modes of transportation serving the general public which are appropriate, in the 1266 JOURNAL OF THE SENATE judgment of the department authority, to transport people, commodities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines. (3) 'Project grant' means the state's share of the cost of carrying out a particular project authorized by this Code section. This share may be provided in direct financial support, goods or products, personnel services, or any combination thereof. (b) Subject to general fund appropriations for such purposes and any provisions of Chapter 5 of this title to the contrary notwithstanding, the department authority is authorized, within the limitations provided in paragraphs (1) and (2) of this subsection, to provide to municipalities, counties, regional commissions, authorities, state agencies, and public and private mass transportation operators: (1) Financial support for research concerning mass transportation, by contract or otherwise; and (2) Project grants to supplement federal, local, or federal and local funds for use: (A) In providing for studies, analyses, and planning and development of programs for mass transportation service and facilities; (B) In providing for research, development, and demonstration projects in all phases of mass transportation; (C) In providing for programs designed solely to advertise, promote, and stimulate the development and use of mass transportation facilities; and (D) In providing for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation. (c)(1) The governing bodies of municipalities, counties, regional commissions, other authorities, state agencies, and public and private mass transportation operators may, by formal resolution, apply to the department authority for financial support and project grants provided by this Code section. (2) The use of funds or grants shall be for the purposes set forth in this Code section and, without limiting the generality of the foregoing, may be used for local contributions required by the federal Urban Mass Transportation Act of 1964, as amended, or any other federal law concerning mass transportation. (3) The department authority shall review the proposal and, if satisfied that the proposal is in accordance with the purposes of this Code section, may, with the approval of the commissioner secretary of transportation, enter into a financial support or project grant agreement subject to the condition that the financial support or project grant be used in accordance with the terms of the proposal. (4) The time of payment of the financial support or project grant and any conditions concerning such payment shall be set forth in the financial support or project grant agreement. (d) In order to effectuate and enforce this Code section, the department authority is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes for which financial support and project grants may be made in accordance with this Code section. (e) The department authority is directed to administer this program with such flexibility as to permit full cooperation between federal, state, and local governments, THURSDAY, MARCH 5, 2009 1267 agencies, and instrumentalities so as to result in an effective and economical program. (f) Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the purposes set out in this Code section. (g) No financial support or project grant provided for in this Code section may be made to any private mass transportation operator without prior concurrence of the State Transportation Board authority. 32-9-2 32-12-41. (a) As used in this Code section, the term: (1) 'Capital project' has the same meaning as in 49 U.S.C.A. Section 5302(a)(1). (2) 'Construction' means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, actual building, or reconstruction of facilities and equipment for use in mass transportation, including designing, engineering, locating, surveying, mapping, and acquisition of rights of way. (3) 'Mass transportation' means all modes of transportation serving the general public which are appropriate, in the judgment of the department authority, to transport people, commodities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines. (b) Subject to general appropriations for such purposes, the department authority may, alone or in cooperation with counties, municipalities, other authorities, state agencies, or private or public transit companies, plan, develop, supervise, support, own, lease, maintain, and operate mass transportation facilities or systems. (c)(1) The department authority may, when funds are available from the United States government for such purposes, provide assistance to the operators of mass transportation systems or to the owners of facilities used in connection therewith for the payment of operating expenses to improve or to continue such mass transportation service by operation, lease, contract, or otherwise. (2) The department authority may, when funds are available from the United States government for such purposes, participate in the acquisition, construction, and improvement of facilities and equipment, including capital projects, for use, by operation or lease or otherwise, in mass transportation service. (3) The department's authority's participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The department's authority's participation with state funds shall be limited to a maximum of 15 percent of the cost of the program. The remainder shall be provided from sources other than department authority funds or from revenues from the operation of public mass transportation systems. (d) The department shall not enter into any contract with any private entity for the purposes set out in subsections (b) and (c) of this Code section without the prior concurrence of the State Transportation Board. (e)(d) Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the 1268 JOURNAL OF THE SENATE purposes set out in this Code section. (f)(e) In order to effectuate and enforce this Code section, the department authority is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section. (g)(f) The department authority shall not be authorized, without the concurrence of the Metropolitan Atlanta Rapid Transit Authority, to receive federal financial assistance to provide mass transportation services or facilities that will duplicate those mass transportation services or facilities provided or to be provided by the Metropolitan Atlanta Rapid Transit Authority, within the City of Atlanta and Fulton and DeKalb counties, as a part of its rapid transit system, including the use of buses as well as a rail system, as that system is described in an engineering report, dated September 1971, prepared for the Metropolitan Atlanta Rapid Transit Authority by ParsonsBrinckerhoff-Tudor-Bechtel, general engineering consultants, and adopted as part of the Rapid Transit Contract and Assistance Agreement, dated September 1, 1971, between the Metropolitan Atlanta Rapid Transit Authority, the City of Atlanta, Fulton County, Georgia, and DeKalb County, Georgia. 32-9-6 32-12-42. (a) The department authority is designated as the state agency to offer financial assistance, in the form of a rail service continuation payment, to enable rail service, for which the Interstate Commerce Commission it has been determined a certificate of abandonment should be issued, to be continued. (b) The department authority is authorized to receive and administer federal financial assistance and to distribute, by contract or otherwise, such federal financial assistance, alone or together with state, local, or private funds available for such purposes, for the implementation of railroad assistance programs that are designed to provide for: (1) The cost of rail service continuation payments; (2) The cost of purchasing a line of railroad or other rail properties to maintain existing rail services or to provide for future rail services; (3) The cost of rehabilitating and improving rail properties on a line of railroad to the extent necessary to permit adequate and efficient rail service on such line; or (4) The cost of reducing the cost of the lost rail service in a manner less expensive than continuing rail service. Subject to general fund appropriations for these purposes, the department authority is authorized to expend allocate state funds to the extent necessary to pay the state's share of such payments. (c) The department authority shall provide to the Georgia Public Service Commission the pertinent information it may possess regarding a proposed abandonment of a railroad line and shall assist the Public Service Commission, as required, in developing the state's position on the abandonment. The Public Service Commission shall provide to the department authority the pertinent information it may possess concerning any railroad line for which abandonment has been requested in order to assist the THURSDAY, MARCH 5, 2009 1269 department authority in preparing an economic and operational analysis of the line. (d) Should the department authority decide to implement a railroad assistance program in accordance with paragraph (4) of subsection (b) of this Code section, the Public Service Commission will use its best efforts, within the scope of its powers and responsibilities, to assist the department authority in implementing such a program. (e) The department authority is authorized to promulgate reasonable rules and regulations for the implementation and administration of this Code section. (f) The department authority shall not implement or propose to implement any railroad assistance program without the prior concurrence of the State Transportation Board secretary of transportation. (g) Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the purposes set out in this Code section. 32-9-10 32-12-43. (a) The purpose of this Code section is to implement Section 3029 of Public Law 102240, the federal Intermodal Surface Transportation Efficiency Act of 1991, referred to in this Code section as the act. (b) For purposes of this Code section, the term 'system' means a public transportation system having vehicles operated on a fixed guideway on steel rails, the steel of the wheels of such vehicles coming directly into contact with such rails, but excluding such systems that are subject to regulation by the Federal Railroad Administration. In addition, a 'system' shall include all other public transportation systems that, under regulations issued pursuant to subsection (e) of the act, are subject to the act. (c) The department authority is designated as the agency of this state responsible for implementation of the act. (d) Each system operating in this state shall adopt and carry out a safety program plan that provides for the following: (1) The plan shall establish safety requirements with respect to the design, manufacture, and construction of the equipment, structures, and fixtures of the system; the maintenance of equipment, structures, and fixtures; operating methods and procedures and the training of personnel; compliance with federal, state, and local laws and regulations applicable to the safety of persons and property; protection from fire and other casualties; and the security of passengers and employees and of property; (2) The plan shall provide for measures reasonably adequate to implement the requirements established pursuant to paragraph (1) of this subsection; and (3) The plan shall establish lines of authority, levels of responsibility and accountability, and methods of documentation adequate to ensure that it is implemented. (e) The department authority shall have the following powers and duties: (1) It shall review the safety program plan of each system and all revisions and amendments thereof and if it finds that the plan conforms to subsection (d) of this 1270 JOURNAL OF THE SENATE Code section shall approve it; (2) It shall monitor the implementation of each system's plan; (3) It shall have the power to require any system to revise or amend its safety program plan as may be necessary in order to comply with any regulations issued pursuant to subsection (e) of the act and any amendments or revisions thereof; and (4) It shall investigate hazardous conditions and accidents on each system and, as appropriate, require that hazardous conditions be corrected or eliminated. (f) If any system fails to comply with an order of the department authority to correct or to eliminate a hazardous condition, the department authority may apply for an order requiring such system to show cause why it should not do so. Such application shall be made to the superior court of the most populous county in which such system operates, as such population is determined according to the United States decennial census of 1990 2000 or any future such census. If at the hearing upon such an order to show cause the court finds that the condition that is the subject of the order in fact creates an unreasonable risk to the safety of persons, property, or both, the court may order the system to comply with the department's authority's order or to take such other corrective action as the court finds appropriate. 32-9-11 32-12-44. (a) As used in this Code section, the term: (1) 'Local government' means any county, municipality, or political subdivision of this state, or any combination thereof. (2) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state but shall not include the Department of Transportation, the Georgia Regional Transportation Authority State Transportation Authority, or the Georgia Rail Passenger Authority. (3) 'Transit facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services. (4) 'Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance. (b) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article IX, Section II, Paragraph VI of the Constitution, such contract may only become effective if it is approved by a majority of the qualified voters voting in such local government in a special election which shall be called and conducted for that purpose by the election superintendent of such local government. Any services provided by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being THURSDAY, MARCH 5, 2009 1271 included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan. (c) The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article IX, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, the Georgia Regional Transportation Authority State Transportation Authority, or the Georgia Rail Passenger Authority to contract with any local government to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pursuant to Article IX, Section III, Paragraph I of the Constitution. 32-10-76 32-12-45. (a) As used in this Code section, the term: (1) 'Local government authority' and 'state' mean the same as under 49 U.S.C. Section 5302. (2) 'Public-private streetcar project initiative' means a local or regional streetcar project which is proposed and advanced by a cooperative entity or sponsor that involves a combined public and private sector financing and development structure which includes not for profit entities. (3) 'Streetcar' includes, but is not limited to, a rail transit vehicle, including a modern, antique, or reproduction vehicle, that is designed to fit the scale and traffic patterns of the neighborhoods through which it travels and operates at lower speeds generally in existing rights of way through mixed traffic, with frequent stops. (b) The authority shall establish and implement a five-year grant program to provide assistance to local governmental authorities as well as a public-private streetcar project initiative for the capital, technical, and start-up costs of development and expansion of streetcar transportation and attendant economic and community development opportunities. The five-year grant program shall begin when funding becomes available for such purposes. The five-year grant program may be renewed at the end of each five-year period, consistent with the provisions of this Code section. (c) The authority will shall work closely with the formation of a pilot program and will shall provide a state-level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and public-private streetcar projects project initiatives. Any funding through bonds for such pilot and grant program shall be administered by the authority. (d) The authority shall consider the following factors in its selection of projects publicprivate streetcar project initiatives that will be implemented by this pilot program: (1) The project is ripe for development, construction, and operation; (2) The project application demonstrates strong local and private sector financial participation in the project; 1272 JOURNAL OF THE SENATE (3) The project will foster redevelopment opportunities adjacent to the streetcar line for which assistance is being sought; (4) The project includes the financial participation of the private owners of real property abutting the streetcar line, with the exception of owner occupied residential properties, for some of the capital costs of the project; (5) The project application demonstrates that development or redevelopment agreements are in place with respect to the project and land planning policies complimentary to the project have been adopted for land in close proximity to the streetcar line, including the availability of property zoned to accommodate mixed use development adjacent to the streetcar line; (6) The project application demonstrates either how redeveloping or new neighborhoods on vacant or underutilized land will be connected by the project to each other or to major attractors in the central city where the project will be carried out or how circulator or connector lines under the project will connect developed neighborhoods with one another or with the business district in the central city; (7) The project has demonstrated desirable levels of local financial and linking resources commitment; and (8) The project may include, and is encouraged to include, a public-private streetcar project initiative and organizational structure or sponsor. (e) The authority will shall coordinate with all appropriate metropolitan, regional, and municipal planning and development agencies where projects may be pursued and will coordinate with the Georgia Regional Transportation Authority and appropriate local transit agencies in the development, funding, and implementation of various publicprivate streetcar projects project initiatives. (f) In order to receive grant assistance under this Code section, a sponsor of a publicprivate streetcar project initiative must submit to the authority an application that includes a detailed operating plan for the streetcar line for which such assistance is being sought, including the frequency of service, hours of operation, stop locations, and demonstration of the financial capacity of the sponsor to operate the streetcar line. (g) A public-private streetcar project initiative for which grant assistance may be provided under this Code section may include streetscaping, signalization modifications, and other modifications to the road system or other public rights of way on which the project is to be carried out; acquisition of streetcars; and project construction, design, and engineering. 32-10-77 32-12-46. No funding by issuing bonds, any other state funds, or federal funds administered by the Department of Transportation department or the authority shall be allowed for public-private streetcar projects project initiatives by any state entity or other authority, including, but not limited to, the Department of Transportation or the State Road and Tollway Authority, department or authority or any other subsidiary of the state, without specific prior approval by passage of a general Act by the General Assembly. THURSDAY, MARCH 5, 2009 1273 Part 5 32-11-1. 32-12-50. The interstate rail passenger network compact is ratified, enacted, and entered into by the State of Georgia with all other states joining the compact in the form substantially as this chapter part. 32-11-2. 32-12-51. It is the policy of the states party to this compact to cooperate and share the administrative and financial responsibilities concerning the planning of an interstate rail passenger network system connecting major cities in Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida. The participating states agree that a rail passenger system would provide a beneficial service and would be enhanced if operated across state lines. 32-11-3. 32-12-52. (a) The states of Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida (referred to in this chapter part as 'participating states') agree, upon adoption of this compact by the respective states, to jointly conduct and participate in a rail passenger network financial and economic impact study. The study must do the following: (1) Carry forward research previously performed by the national railroad passenger corporation (Amtrak) (report issued December 1990) for purposes of evaluating a representative service schedule, train running times, and associated costs. (2) Include consideration of the following: (A) The purchase of railroad equipment by a participating state and the lease of the railroad equipment to Amtrak. (B) The recommendation that a member of the council serve on the Amtrak board of directors. (C) The periodic review of projected passenger traffic estimates. (D) Any other matter related to the financial and economic impact of a rail passenger network between the cities of Chicago, Illinois, and Jacksonville, Florida. (b) Information and data collected during the study under subsection (a) of this Code section that is requested by a participating state or a consulting firm representing a participating state or the compact may be made available to the state or firm. However, the information may not include matters not of public record or of a nature considered to be privileged and confidential unless the state providing the information agrees to waive the confidentiality. 32-11-4. 32-12-53. The participating states agree to do the following: (1) Make available to each other and to a consulting firm representing a participating state or the compact assistance that is available, including personnel, equipment, office space, machinery, computers, engineering, and technical advice and services. 1274 JOURNAL OF THE SENATE (2) Provide financial assistance for the implementation of the feasibility study that is available. 32-11-5. 32-12-54. The interstate rail passenger advisory council (referred to in this compact as the 'council') is created. The membership of the council consists of three individuals from each participating state. The Governor, President of the Senate, and Speaker of the House of Representatives shall each appoint one member of the council. 32-11-6. 32-12-55. The council shall do the following: (1) Meet within 30 days after ratification of this agreement by at least two participating states. (2) Establish rules for the conduct of the council's business, including the payment of the reasonable and necessary travel expenses of council members. (3) Coordinate all aspects of the rail passenger financial and economic impact study under Code Section 32-11-3 32-12-52. (4) Contract with persons, including institutions of higher education, for performance of any part of the study under Code Section 32-11-3 32-12-52. (5) Upon approval of the study, negotiate the proportionate share that each state will contribute toward the implementation and management of the proposed restoration of the interstate rail passenger system. (6) Make recommendations to each participating state legislature concerning the results of the study required by this chapter part. 32-11-7. 32-12-56. This compact becomes effective upon the adoption of the compact into law by at least two of the participating states. Thereafter, the compact becomes effective for another participating state upon the enactment of the compact by the state. 32-11-8. 32-12-57. This compact continues in force with respect to a participating state and remains binding upon the state until six months after the state has given notice to each other participating state of the repeal of this chapter part. The transfer of these provisions from Chapter 11 of this title to Chapter 12 of this title does not constitute a repeal for purposes of this Code section. The withdrawal may not be construed to relieve a participating state from an obligation incurred before the end of the state's participation in the compact. 32-11-9. 32-12-58. (a) This compact shall be liberally construed to effectuate the compact's purposes. (b) The provisions of this compact are severable. If: (1) A phrase, clause, sentence, or provision of this compact is declared to be contrary THURSDAY, MARCH 5, 2009 1275 to the Constitution of a participating state or of the United States; or (2) The applicability of this compact to a government, an agency, a person, or a circumstance is held invalid, the validity of the remainder of this compact and the compact's applicability to any government, agency, person, or circumstance is not affected. (c) If this compact is held contrary to the Constitution of a participating state, the compact remains in effect for the remaining participating states and in effect for the state affected for all severable matters. Part 6 32-10-64. 32-12-60. (a) For the purpose of earning sufficient revenue to make possible, in conjunction with other funds available to the authority, the financing of the construction or acquisition of projects of the authority with revenue bonds, the authority is authorized and empowered to collect tolls on each and every project which it shall cause to be constructed or acquired. It is found, determined, and declared that the necessities of revenue bond financing are such that the authority's toll earnings on each project or projects, in conjunction with other funds available to the authority, must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the authority and subject to all bond resolutions, trust indentures, and all other contractual obligations of the authority, the authority is charged with the duty of the operation of all toll projects in the aggregate at the most reasonable possible level of toll charges; and, furthermore, the authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project. (b) In the exercise of the authority's toll powers, the authority is authorized to exercise so much of the police powers of the state as shall be necessary to maintain the peace and accomplish the orderly handling of the traffic and the collection of tolls on all toll projects operated by the authority; and the authority shall prescribe such rules and regulations for the method of taking tolls and the employment and conduct of toll takers and other operating employees as the authority, in its discretion, may deem necessary. (c)(1) No motor vehicle shall be driven or towed through a toll collection facility, where appropriate signs have been erected to notify traffic that it is subject to the payment of tolls beyond such sign, without payment of the proper toll. In the event of nonpayment of the proper toll, as evidenced by video or electronic recording, the registered owner of such vehicle shall be liable to make prompt payment to the authority of the proper toll and an administrative fee of $25.00 per violation to recover the cost of collecting the toll. The authority or its authorized agent shall provide notice to the registered owner of a vehicle, and a reasonable time to respond to such notice, of the authority's finding of a violation of this subsection. Upon failure 1276 JOURNAL OF THE SENATE of the registered owner of a vehicle to pay the proper toll and administrative fee to the authority after notice thereof and within the time designated in such notice, the authority may proceed to seek collection of the proper toll and the administrative fee as debts owing to the authority, in such manner as the authority deems appropriate and as permitted under law. If the authority finds multiple failures by a registered owner of a vehicle to pay the proper toll and administrative fee after notice thereof and within the time designated in such notice, the authority may refer the matter to the Office of State Administrative Hearings. The scope of any hearing held by the Office of State Administrative Hearings shall be limited to consideration of evidence relevant to a determination of whether the registered owner has failed to pay, after notice thereof and within the time designated in such notice, the proper toll and administrative fee. The only affirmative defense that may be presented by the registered owner of a vehicle at such a hearing is theft of the vehicle, as evidenced by presentation at the hearing of a copy of a police report showing that the vehicle has been reported to the police as stolen prior to the time of the alleged violation. A determination by the Office of State Administrative Hearings of multiple failures to pay by a registered owner of a vehicle shall subject such registered owner to imposition of, in addition to any unpaid tolls and administrative fees, a civil monetary penalty payable to the authority of not more than $70.00 per violation. Upon failure by a registered owner to pay to the authority, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for multiple violations of this subsection, the motor vehicle registration of such registered owner shall be immediately suspended by operation of law. The authority shall give notice to the Department of Revenue of such suspension. Such suspension shall continue until the proper toll, administrative fee, and civil monetary penalty as have been determined by the Office of State Administrative Hearings are paid to the authority. Actions taken by the authority under this subsection shall be made in accordance with policies and procedures approved by the members of the authority. (2) The registered owner of a vehicle which is observed being driven or towed through a toll collection facility without payment of the proper toll may avoid liability under this subsection by presenting to the authority a copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation. (3) For purposes of this subsection, for any vehicle which is registered to an entity other than a natural person, the term 'registered owner' shall be deemed to refer to the natural person who is the operator of such motor vehicle at the time of the violation of this subsection, but only if the entity to which the vehicle is registered has supplied to the authority, within 60 days following notice from the authority or its authorized agent, information in the possession of such entity which is sufficient to identify and give notice to the natural person who was the operator of the motor vehicle at the time of the violation of this subsection. (d) Any person who shall use or attempt to use any currency or coins other than legal THURSDAY, MARCH 5, 2009 1277 tender of the United States of America or tokens issued by the authority or who shall use or attempt to use any electronic device or equipment not authorized by the authority in lieu of or to avoid payment of a toll shall be guilty of a misdemeanor. (e) Any person, except an authorized agent or employee of the authority, who removes any coin from the pavement or ground surface within 15 feet of a toll collection booth or toll collection machine, except to retrieve coins the person dropped while attempting payment of that person's toll, shall be guilty of a misdemeanor. (f) Any person who enters without authorization or who willfully, maliciously, and forcibly breaks into any mechanical or electronic toll collection device of the authority or appurtenance thereto shall be guilty of a misdemeanor. (g) Any law enforcement officer shall have the authority to issue citations for toll evasions if such officer is a witness to any of the following violations: (1) A person forcibly or fraudulently passes a toll collection device without payment or refuses to pay, evades, or attempts to evade the payment of such tolls; (2) A person turns, or attempts to turn, a vehicle around on a bridge, approach, or toll plaza where signs have been erected forbidding such turning; or (3) A person refuses to pass through the toll collection facility after having come within the area where signs have been erected notifying traffic that it is entering the area where a toll is collectable or where vehicles may not turn around and where vehicles are required to pass through the toll gates for the purposes of collecting tolls. (h) The authority may in its discretion use such technology, including but not limited to automatic vehicle license tag identification photography and video surveillance, either by electronic imaging or photographic copy, that it deems necessary to aid in the collection of tolls and enforcement of toll violations. Such technology shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle except that such technology may be utilized for general surveillance of a toll collection facility for the security of toll collection facility employees. (i) State and local law enforcement entities are authorized to enter into traffic and toll enforcement agreements with the authority. Any funds received by a state law enforcement entity pursuant to such toll enforcement agreement shall be subject to annual appropriations by the General Assembly to such law enforcement entity for the purpose of performing its duties pursuant to such agreement. 32-10-65 32-12-61. The authority is authorized to fix, revise, charge, and collect tolls for the use of each toll project. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any resolution, trust indenture, or contract with or for the benefit of bondholders or other private entity or concessionaire; and such tolls shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the state. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution or contract authorizing the issuance of such bonds or of the trust indenture securing the same, if there are any. 1278 JOURNAL OF THE SENATE 32-10-71 32-12-62. (a) In addition to the powers provided to the authority pursuant to this chapter, the The authority is explicitly authorized and empowered to acquire, maintain, repair, improve, and operate a tollway project whose status at the time of acquisition is a toll facility or which was operated as a toll facility at some point in its existence. For the purpose of earning sufficient revenue to make possible the maintenance, repair, and improvement of the acquired project, the authority is authorized to collect tolls on each and every project it acquires any acquired project meeting the requirements of this subsection. (b) When an existing state tollway facility has been acquired from a local government by the authority or the department, and the state tollway facility provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the State Road and Tollway Authority authority may assist the local government in the collection of a parking fee for each vehicle entering the island. The local government is authorized to set a fee on roads, streets, and parking facilities owned by the local government for such purposes and may contract with the authority to collect the fee. The department is authorized to assist the authority in the collection of the fee. The local government shall reimburse the department and the authority for any costs associated with executing the terms of the contract. (c) When a state highway provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the Department of Transportation authority may, if consistent with federal law and regulations, authorize the local government to set and collect a parking fee for the purpose of providing funding for such maintenance, repair, or restoration. The department is authorized to allow the authority to may collect such parking fee on the state highway system, provided that the collection point shall lie within the corporate limits of the local government setting the parking fee. The authority is authorized to contract with the local government for the collection of the fee. The local government shall reimburse the authority for any costs associated with executing the terms of the contract. Part 7 50-32-10 32-12-70. (a)(1) This part shall operate uniformly throughout the state in relation to air quality standards. Code Sections 32-12-70 through 32-12-74 shall only be applied to air quality standards in the geographic areas designated in this Code section. (2)(A) The initial jurisdiction of the authority for air quality standards purposes shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the Code of Federal Regulations as of December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the authority designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. (B) The jurisdiction of the authority for air quality standards purposes shall also THURSDAY, MARCH 5, 2009 1279 encompass the territory of every county designated by the USEPA in the Code of Federal Regulations after December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the authority designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, provided that the jurisdictional area encompassed under this subparagraph shall be contiguous with the jurisdictional area encompassed under subparagraph (A) of this paragraph. (b)(1) Every six months, beginning on December 31, 1998, the director of the Environmental Protection Division shall report and certify to the authority and the Governor, pursuant to criteria established by that division, counties which are reasonably expected to become nonattainment areas under the Clean Air Act within seven years from the date of such report and certification. Within the geographic territory of any county so designated, the authority shall provide, by resolution or regulation, that the funding, planning, design, construction, contracting, leasing, and other related facilities of the authority shall be made available to county and local governments for the purpose of planning, designing, constructing, operating, and maintaining land public transportation systems and other land transportation projects, public transit projects, air quality installations, and all facilities necessary and beneficial thereto, and for the purpose of designing and implementing designated metropolitan planning organizations' land transportation plans and transportation improvement programs, on such terms and conditions as may be agreed to between the authority and such county or local governments. (2) By resolution of the county governing authority, the special district created by this part encompassing the territory of any county reported and certified pursuant to paragraph (1) of this subsection may be activated for the purposes of this part, or such county may be brought within the jurisdiction of the authority by resolution of the governing authority. (3) The jurisdiction of the authority for air quality standards purposes shall be extended to the territory of any county the territory of which is not contiguous with the jurisdiction established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the authority designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. (c) Upon acquiring jurisdiction over the territory of any county for air quality purposes, the authority's jurisdiction over such territory shall continue until 20 years have elapsed since the later of the date such county was redesignated by the USEPA as in attainment under the Clean Air Act or such designation by the USEPA is no longer made. (d)(1) Upon the lapse of the authority's jurisdiction over a geographic area for air quality purposes pursuant to the provisions of this Code section, the authority shall have the power to enter into such contracts, lease agreements, and other instruments necessary or convenient to manage and dispose of real property and facilities owned or operated by the authority within such geographic area, and shall dispose of all such 1280 JOURNAL OF THE SENATE property not more than five years after the lapse of such jurisdiction but shall retain jurisdiction for the purpose of operating and managing such property and facilities until their final disposition. (2) The provisions of this subsection shall be implemented consistent with the terms of such contracts, lease agreements, or other instruments or agreements as may be necessary or required to protect federal interests in assets purchased, leased, or constructed utilizing federal funding in whole or in part, and the authority is empowered to enter into such contracts, lease agreements, or other instruments or agreements with appropriate federal agencies or other representatives or instrumentalities of the federal government from time to time as necessary to achieve the purposes of this part and the protection of federal interests. (e) Except for the purpose of reviewing proposed regional transportation plans and transportation improvement programs prepared by metropolitan planning organizations in accordance with requirements specifically placed upon the Governor by federal law, the jurisdiction of the authority shall not extend to the territory and facilities of any airport as defined in Code Section 6-3-20.1 and which is certified under 14 C.F.R. Part 139. In no event shall the authority have jurisdiction to design, construct, repair, improve, expand, own, maintain, or operate any such airport or any facilities of such airport. 32-12-71. Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographic boundaries of each county, and the territory of each district shall include all of the territory within its respective county. Any special district within a county within the geographic area over which the authority has jurisdiction for air quality purposes shall be deemed activated for purposes of this part. 32-12-72. (a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropolitan planning organizations and the authority under 40 C.F.R. Section 93.105, the power to approve state-wide transportation improvement programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b), and 450.328(a), and the power of approval and responsibilities for public involvement under 23 C.F.R. Section 450.216(a). (b) In exercising the authority's powers concerning proposed state-wide transportation plans and transportation improvement programs prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction for air quality purposes pursuant to this part: (1) Transportation plans and transportation improvement programs subject to the THURSDAY, MARCH 5, 2009 1281 authority's review powers shall be approved by the affirmative vote of a majority of the authority to a motion made for that purpose; (2) The authority may request modification of such a plan or program and approve such proposal for modification of a plan or program by the affirmative vote of a majority of the authority to a motion made for that purpose; (3) The authority may set a date certain as a deadline for submission of any such plan or program to the authority for review; and (4) If any such plan or program is not timely submitted for review in compliance with a deadline set by the authority, the authority may exercise its power to disapprove such plan or program upon the affirmative vote of a majority of the authority to a motion made for that purpose. (c) The authority shall formulate measurable targets for air quality improvements and standards within the geographic area over which the authority has jurisdiction for air quality purposes pursuant to this part and annually shall report such targets to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, together with an assessment of progress toward achieving such targets and projected measures and timetables for achieving such targets. 32-12-73. In any case where a development of regional impact, as determined by the Department of Community Affairs pursuant to Article 1 of Chapter 8 of Title 50, is planned within the geographic area over which the authority has jurisdiction for air quality purposes which requires the expenditure of state or federal funds by the state or any political subdivision, agency, other authority, or instrumentality thereof to create land transportation services or access to such development, any expenditure of such funds shall be prohibited unless and until the plan for such development and such expenditures is reviewed and approved by the authority. The decision of the authority to allow or disallow the expenditure of such funds shall be final and nonreviewable, except that such decision shall be reversed where a resolution for such purpose is passed by vote of three-fourths of the authorized membership of the county commission of the county in which the development of regional impact is planned or, if such development is within a municipality, by vote of three-fourths of the authorized membership of the city council. 32-12-74. (a) In furtherance of the purposes of the authority, no project of the Georgia Rail Passenger Authority created by Article 9 of Chapter 9 of Title 46 shall be commenced after July 1, 2009, unless such project is approved by the affirmative vote of a majority of the authority pursuant to a motion made for that purpose; provided, however, that where such project is an approved transportation control measure pursuant to an approved state implementation plan, such project may proceed consistent with applicable federal law and regulation. (b) From time to time, by the affirmative vote of a majority of the authority, the 1282 JOURNAL OF THE SENATE authority may direct the Georgia Environmental Facilities Authority to issue revenue bonds, bonds, notes, loans, credit agreements, or other obligations or facilities to finance, in whole or in part, any project or the cost of any project of the authority wholly or partly within the geographic area over which the authority has jurisdiction for air quality purposes, by means of a loan, extension of credit, or grant from the Georgia Environmental Facilities Authority to the authority, on such terms or conditions as shall be concluded between the two authorities. (c) The Georgia Environmental Facilities Authority shall be subordinate to the authority in all respects, with respect to authority projects, within the geographic area over which the authority has jurisdiction for air quality purposes; and, in the event of any conflict with the provisions of Chapter 23 of Title 50, the provisions of this part shall prevail in all respects. It is expressly provided, however, that nothing in this Code section and nothing in this part shall be construed to permit in any manner the alteration, elimination, or impairment of any term, provision, covenant, or obligation imposed on any state authority, including but not limited to the Georgia Environmental Facilities Authority or the Georgia Rail Passenger Authority, for the benefit of any owner or holder of any bond, note, or other obligation of any such authority. ARTICLE 2 32-10-90 32-12-80. The authority shall have the power and is authorized, at one time or from time to time, 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 defined in paragraph (4)(5) of Code Section 32-10-60 32-12-2, of any one or a combination of projects. The principal and interest of such revenue bonds shall be payable from and may be secured by a pledge of tolls and other revenues of all or any part of the project financed in whole or in part with the proceeds of such issue or with the proceeds of bonds refunded or to be refunded by such issue or by a pledge of any other revenues of the authority that are legally available for such purpose. The bonds of each issue shall be dated, shall bear interest as provided for in Code Section 32-10-91 32-12-82, shall mature not later than 40 years from the date of issue, shall be payable in such media of payments 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. 32-10-90.1 32-12-81. (a) As used in this Code section, the The term 'grant anticipation revenue vehicle' or 'garvee bond' means any bond issued by the authority which is an eligible debt financing instrument within the scope of 23 U.S.C. Section 122 or which is otherwise to be repaid or reimbursed in whole or in part, directly or indirectly, from federal funds. If cost effective as determined by the authority, garvee bonds shall be insured. THURSDAY, MARCH 5, 2009 1283 (b) With respect to garvee bonds and projects financed by garvee bonds, the provisions and limitations of this Code section shall control over any other conflicting provisions of this article, it being the intention of the General Assembly that grant anticipation revenue vehicles and projects funded thereby be fully subject to the terms expressed in this Code section. (c) For the purpose of issuance and use of the proceeds of garvee bonds, the authority and the department shall give priority, as far as reasonably practicable in the judgment of the department, to the completion of those portions of the Developmental Highway System as set out in paragraphs (1) through (13) and paragraphs (15) and (16) of subsection (a) of Code Section 32-4-22 and such further paragraphs as may be added to such subsection from time to time, with due regard to the timely and economical completion of the portion set out in paragraph (14) thereof. (d) Any project the cost of which is paid from the proceeds of garvee bonds shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation. (e) If during any state fiscal year the amount of federal reimbursement available to the State of Georgia under 23 U.S.C. Section 122 is or will be reduced below 90 percent of the amount available during Fiscal Year 2000-2001, the authority shall not thereafter issue any garvee bond. (f) If cost effective as determined by the authority, garvee bonds shall be insured. 32-10-91 32-12-82. The authority may authorize by resolution the following: the obtaining of loans; the issuance and sale of notes; and the issuance and sale of bonds. The foregoing obligations may be offered at public or private sale in such manner and for such interest rate and at such price as the authority may determine to be in the best interests of the authority and the state, provided that any offering is subject to the review and approval of the Georgia State Financing and Investment Commission pursuant to the provisions of Article 2 of Chapter 17 of Title 50. 32-10-92 32-12-83. Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times within 40 years from the issuance thereof as the authority determines to be appropriate. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide; provided, however, in lieu of specifying the rate or rates of interest which the bonds to be issued by an authority are to bear, the resolution of the authority may provide that the bonds when issued will bear interest at 1284 JOURNAL OF THE SENATE a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time as specified in the resolution or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, as specified. Bonds may be sold at public or private sale for such price or prices as the authority shall determine. 32-10-93 32-12-84. All bonds issued by the authority shall be executed in the name of the authority by the chairperson and the secretary of the authority transportation and shall be sealed with the official seal of the authority or a facsimile thereof. The facsimile signatures of the chairperson and the secretary of the authority transportation may be imprinted thereon in lieu of the manual signatures of such officers if the authority so directs in the resolution authorizing such bonds or otherwise. In case any officer whose manual or facsimile signature shall appear on any bonds 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 he or she had remained in office until such delivery. 32-10-94 32-12-85. All revenue bonds issued under this article shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation in this state. 32-10-95 32-12-86. The proceeds of the bonds shall be used solely for the payment of the cost of the project or combined projects and shall be disbursed upon requisition or order of the chairman chairperson of the authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which bonds, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the 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, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds. 32-10-96 32-12-87. 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 THURSDAY, MARCH 5, 2009 1285 exchangeable for definitive bonds upon the issuance of the latter. 32-10-97 32-12-88. The authority may also provide for the replacement of any bond which becomes mutilated or which is destroyed or lost. 32-10-98 32-12-89. Resolutions for the issuance of revenue bonds may be adopted 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 article. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one location or any number of locations. Any resolution providing for the issuance of revenue bonds under this article 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 or adjourned meeting of the authority by a majority of its members. 32-10-99 32-12-90. Revenue bonds issued under this article shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable from the revenues and funds of the authority as provided for in the resolutions or trust indentures authorizing or securing such bond issues; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment thereof; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section. 32-10-100 32-12-91. (a) 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 of the state. Such trust indenture may pledge or assign tolls, revenues, and earnings to be received by the authority. (b) Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholder, including the right of the appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or indenture trustee to enforce collection of tolls, revenues, or other charges for the use of the project or projects, necessary to pay all costs of operation, all reserves provided for, the principal and interest on all bonds in the given issue, all cost of collection, and all other costs reasonably necessary to accomplish the collection of such sums, in the event of any default by the authority. (c) Such resolution or trust indenture may include covenants setting forth the duties of 1286 JOURNAL OF THE SENATE the authority in relation to the acquisition of property; the construction of the project; the custody, safeguarding, and application of all moneys; and the operation and maintenance of the project or projects; and may also provide that any project shall be constructed and paid for under the supervision of department engineers or others satisfactory to the original purchasers of the bonds issued for such project or projects. Such resolution or trust indenture 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. (d) 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. (e) 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. 32-10-101 32-12-92. The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, 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 such funds as provided in this article, subject to such regulations as this article and such resolution or trust indenture may provide. 32-10-102 32-12-93. (a) The revenues, tolls, and earnings derived from any particular project or projects and all or any part of the revenues, tolls, and earnings received by the authority, regardless of whether or not such tolls, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged or allocated, may be pledged by the authority to the payment of the principal and interest obligations of any revenue bond issues of the authority. All funds so pledged, from whatever source received, which may include funds received from one or more of all sources of the authority's income, shall be set aside at regular intervals, as may be provided in the resolutions or trust indentures, into sinking funds 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 mature, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium required upon bonds retired by call or purchase as may be provided in the resolutions or trust indentures. (b) The use and disposition of such sinking funds shall be subject to such regulations as THURSDAY, MARCH 5, 2009 1287 may be provided in the resolutions authorizing the issuance of the revenue bonds or in the trust indentures; but, except as may otherwise be provided in such resolutions or trust indentures, such sinking funds, individually, shall be funds for the benefit of all revenue bonds of the given issue for which they are created without distinction or priority of one over another. Subject to the resolution or trust indenture of any given bond issue, any moneys in such sinking funds, after all bonds and the interest thereon for which such sinking funds were pledged have been paid, may be paid into the authority fund provided for in Code Section 32-10-72 32-12-11. 32-10-103 32-12-94. Any holders of revenue bonds issued under this article or any of the coupons appertaining thereto, any duly appointed receiver of such bonds or coupons, and any indenture trustee for bondholders, except to the extent the rights given in this Code section 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 action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of Georgia or granted in this Code section or under such resolution or trust indentures and may enforce and compel performance of all duties required by this article or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collection of revenues, tolls, and other charges for the use of the project or projects. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon or to enforce the payment thereof against any property of the state; nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state. 32-10-104 32-12-95. The authority is authorized, subject to any prior resolution or trust indenture, to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this article and then outstanding, together with accrued interest thereon. The issuance of such revenue 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 this article insofar as the same may be applicable. 32-10-105 32-12-96. The bonds authorized in paragraph (8) of Code Section 32-10-63 32-12-60 and in Code Section 32-10-90 32-12-80 are deemed securities in which (1) all public officers and bodies of this state and all municipalities and all municipal subdivisions, (2) all insurance companies and associations and other persons carrying on an insurance business, (3) all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, (4) all 1288 JOURNAL OF THE SENATE administrators, guardians, executors, trustees, and other fiduciaries, and (5) all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also deemed securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. 32-10-106 32-12-97. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. 32-10-107 32-12-98. Bonds of the authority shall be confirmed and validated in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law.' The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same. 32-10-108 32-12-99. Upon payment in full of all bonds and the interest thereon and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly or otherwise, or upon the setting aside in trust, for the benefit of bondholders or other obligees, of a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof, such project or projects, if deemed by the department authority to be in a safe and satisfactory condition of repair and traffic capacity, may become part of the state highway system and thereafter shall be maintained by the department authority free of tolls. In the event such project or projects to be transferred are not in good condition, in the judgment of the department, the department shall be charged with the duty of immediately advising the authority in writing what will be necessary to accomplish such safe and satisfactory condition of repair and traffic capacity; and the authority thereafter shall apply sufficient revenue from such project or projects to the accomplishment of such safe condition of repair and traffic capacity; and, upon its accomplishment, such project or projects shall become toll free as provided in this Code section. Upon the fulfillment of all conditions necessary to the cessation of tolls upon any such project, the authority shall convey by deed all right, title, and interest in and to such project to the department for and in consideration of $1.00, which the treasurer of the department is authorized to pay from any department funds available to him for any department expenditure. THURSDAY, MARCH 5, 2009 1289 32-10-109 32-12-100. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and 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 article; 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 upon any fees, tolls, or other charges for the use of such projects or upon other income received by the authority. The bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. 32-10-110 32-12-101. Any action to protect or enforce any rights under this article and any action pertaining to validation of any bonds issued under this article brought in the courts of this state shall be brought in the Superior Court of Fulton County, which shall have exclusive original jurisdiction of such actions. ARTICLE 3 32-10-120. 32-12-110. This part article shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.' 32-10-121. 32-12-111. (a) There shall be created within the State Road and Tollway Transportation 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 Transportation Authority as provided in this chapter article. (c) The corporate purpose of the bank is to assist in financing qualified projects by providing loans and other financial assistance to government units for constructing and improving highway and transportation facilities necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part article 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. 1290 JOURNAL OF THE SENATE 32-10-122. 32-12-112. As used in this part article, the term: (1) 'Authority' means the State Transportation Authority. (1)(2) '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 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 railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate accounts 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 THURSDAY, MARCH 5, 2009 1291 supervision of a qualified project, or other provisions as the board authority 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 authority, and, in the case of federal funds, as allowed by federal law. (12) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (13) 'Qualified borrower' means any government unit authorized to construct, operate, or own a qualified project. (14) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (15) 'State and local accounts' means, collectively, the separate accounts for state and local roadway funds and state and local nonroadway funds. 32-10-123. 32-12-113. In administering the affairs of the bank, the board authority may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article this chapter, as well as the powers granted in this part article. Without limiting the generality of the foregoing, the board authority is specifically authorized to issue bonds for the purposes 1292 JOURNAL OF THE SENATE of the bank, in the same general manner provided in Part 2 of this article Article 2 of this chapter. 32-10-124. 32-12-114. (a) In addition to the powers contained elsewhere in this article chapter, the board authority 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 article for the administration of the bank's affairs and the implementation of its functions, including the right of the board authority 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 authority 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 article; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of providing for the financing of qualified projects; (9) Establish: (A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank and government units; (10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity or instrumentality of the United States for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the THURSDAY, MARCH 5, 2009 1293 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 Article 2 of this chapter; (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 authority determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board authority 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 article 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 article. (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 Bank' is required by federal law. For the express purposes of this part article, 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. 1294 JOURNAL OF THE SENATE 32-10-125. 32-12-115. (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 bank's moneys; (5) Proceeds from the issuance of bonds as provided in this part chapter; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board authority. (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 article, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. 32-10-126. 32-12-116. (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 article, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board authority 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 article. (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. 32-12-117. (a) The bank may provide loans and other financial assistance to a government unit to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board authority shall determine the form and content of loan applications, financing agreements, and loan obligations THURSDAY, MARCH 5, 2009 1295 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 authority 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. 32-12-118. (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 article. (b) In addition to the authorizations contained in this part article, 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 article. 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. 32-12-119. 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. 32-10-130. 32-12-120. (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 1296 JOURNAL OF THE SENATE 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. 32-12-121. Neither the board authority 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 article. 32-10-132. 32-12-122. Notice, proceeding, or publication, except those required in this part article, shall not be necessary to the performance of any act authorized in this part article nor shall any act of the bank be subject to any referendum. 32-10-133. 32-12-123. 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." PART IV Miscellaneous Provisions; Cross-References SECTION 4-1. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Georgia Regional Transportation Authority," or "State Road and Tollway Authority" wherever any such term occurs with "State Transportation Authority": (1) Code Section 12-7-7.1, relating to preparation of erosion and sediment control plans; (2) Code Section 12-7-17, relating to exemptions from provisions as to erosion and sediment control; (3) Code Section 35-2-101, relating to jurisdiction of the Motor Carrier Compliance Division of the Department of Public Safety; (4) Code Section 36-60-21, relating to contracts by local governments with private companies to operate toll roads; (5) Code Section 40-6-54, relating to designation of certain lanes by the Department of Transportation; (6) Code Section 40-16-2, relating to the Department of Driver Services; (7) Code Section 45-15-13, relating to the Attorney General representing certain state authorities; THURSDAY, MARCH 5, 2009 1297 (8) Code Section 48-7-40.19, relating to a tax credit for diesel particulate emission reduction equipment; (9) Code Section 50-17-21, relating to definitions relative to state financing and investment; (10) Code Section 50-17-22, relating to the State Financing and Investment Commission; and (11) Code Section 50-18-72, relating to the disclosure of public records. SECTION 4-2. The following Code section of the Official Code of Georgia Annotated is amended by replacing "State Transportation Board" wherever such term occurs with "State Transportation Authority": (1) Code Section 46-9-272, relating to definitions relative to the Georgia Rail Passenger Authority. SECTION 4-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "State Transportation Board" wherever such term occurs with "Department of Transportation": (1) Code Section 6-1-1, relating to the powers and duties of the Department of Transportation over aviation and aviation facilities; (2) Code Section 6-3-1, relating to construction and maintenance of air facilities by the Department of Transportation; (3) Code Section 22-3-42, relating to condemnation of roads or highways; and (4) Code Section 46-3-201, relating to electric membership corporations. SECTION 4-4. Code Section 12-3-198 of the Official Code of Georgia Annotated, relating to the location and relocation of highways, streets and bridges in connection with Stone Mountain Park, is amended by revising subsections (a) and (c) as follows: "(a) The State Transportation Board Upon approval of the State Transportation Authority, the Department of Transportation is authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights of way in connection with the project, whether within or without outside the project area, as may be necessary to the relocation of any roads, streets, or highways within the property of the association. The board department shall, at the its own expense of the Department of Transportation, relocate such roads, streets, and highways so as to conform to the plan of the association for the development and improvement of the project." "(c) The State Transportation Board or its successors and the Upon approval of the State Transportation Authority, the Department of Transportation are is empowered to acquire, in any manner permitted by law, real property, any interest therein, or rights of way for the location and relocation of highways and roads located in proximity to the 1298 JOURNAL OF THE SENATE project. The board and the department are is authorized to expend any available funds for the purpose of such locating and relocating and for constructing, improving, and maintaining any such highways and roads; and the cost of any such undertaking shall be deemed a proper and legitimate expense of such board or the department." SECTION 4-5. Code Section 12-3-319 of the Official Code of Georgia Annotated, relating to the location and relocation of highways, streets and bridges in connection with Lake Lanier Islands, is amended by revising subsections (a) and (c) as follows: "(a) The State Transportation Board, or its successors, and the Upon approval of the State Transportation Authority, the Department of Transportation are is authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights of way in connection with the islands, whether within or without outside the islands, as may be necessary to the location or relocation of any roads, streets, or highways within or without outside the islands. The board and the department may, at the its own expense of the department, locate or relocate such roads, streets, and highways so as to conform to the plan of the authority for the development and improvement of the islands." "(c) The State Transportation Board, or its successors, and the Upon approval of the State Transportation Authority, the Department of Transportation are is empowered to acquire, in any manner now permitted by law, real property, any interest therein, or rights of way for the location and relocation of highways and roads located in proximity to the islands and are is authorized and empowered to expend any funds available to such board or such the department for the purpose of such locating and relocating, and for constructing, improving, and maintaining any such highways and roads. The cost of any such undertaking shall be deemed a proper and legitimate expense of such board or such the department." SECTION 4-6. Code Section 12-9-55 of the Official Code of Georgia Annotated, relating to registration of motor vehicles by counties without proof of inspection, is amended by revising subsection (i) as follows: "(i) If it is determined that any county has registered responsible motor vehicles without receiving proof from the owners that the responsible motor vehicles satisfy all applicable requirements of Code Sections 12-9-45 and 12-9-48, the director shall notify the commissioner secretary of transportation that such an unlawful act has occurred. Upon such notification, the State Transportation Board Authority may at its discretion withhold Department of Transportation funding assistance from any such county." SECTION 4-7. Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties of the Georgia State Patrol, is amended by revising paragraph (1) of subsection (a) as follows: "(1) To enforce the laws of this state relating to the use, ownership, control, licensing, THURSDAY, MARCH 5, 2009 1299 and registration of motor vehicles and Code Sections 32-9-4 32-12-15 and 40-6-54, relating to designation of restricted travel lanes;" SECTION 4-8. Code Section 35-2-101 of the Official Code of Georgia Annotated, relating to jurisdiction, duties, and powers of the Motor Carrier Compliance Division of the Department of Public Safety, is amended by revising paragraph (8) of subsection (b) as follows: "(8) Enforcement of Code Sections 32-9-4 32-12-15 and 40-6-54, relating to designation of restricted travel lanes;" SECTION 4-9. Code Section 40-2-76 of the Official Code of Georgia Annotated, relating to license plates for vehicles using alternative fuel, is amended by revising subsection (b) as follows: "(b) Subject to subsection (d) of this Code section, the commissioner shall design a special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the commissioner shall place a distinctive logo or emblem immediately to the left of the letters and numbers on the license plate which shall distinguish the vehicle as an alternative fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4 32-12-15. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal." SECTION 4-10. Code Section 40-2-135.1, relating to suspension of offender's motor vehicle registration for multiple violations of toll provisions, is amended by revising said Code section as follows: "40-2-135.1. As provided in subsection (c) of Code Section 32-10-64 32-12-60, the motor vehicle registration of any owner who has failed to pay, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for one or more violations of such subsection, shall be immediately suspended by operation of law." SECTION 4-11. Code Section 40-6-50 of the Official Code of Georgia Annotated, relating to driving on divided highways, controlled-access roadways, and emergency lanes, is amended by revising subsection (d) as follows: "(d) Nothing in this Code section shall prohibit the use of a FlexAuto lane in the manner permitted under Code Section 32-9-4.1 32-12-16." 1300 JOURNAL OF THE SENATE SECTION 4-12. Code Section 40-6-54 of the Official Code of Georgia Annotated, relating to the designation of travel lanes for the exclusive use of certain vehicles, is amended by revising subsections (a) and (b) as follows: "(a) The Department of Transportation, with the approval of the State Transportation Authority, may designate travel lanes on any road in the state highway system for the exclusive use of certain vehicles, as provided in Code Section 32-9-4 32-12-15; provided, however, that where such designation has been made, the road shall be appropriately marked with signs or other roadway markers or markings to inform the traveling public of the restrictions imposed. (b) Any person who violates subsection (b) of Code Section 32-9-4 32-12-15 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine: (1) Not to exceed $75.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; (3) Not to exceed $150.00 for the third such offense; and (4) Not to exceed $150.00 plus one point on such person's driver's license as provided for under Code Section 40-5-57 for the fourth or subsequent offense." SECTION 4-13. Code Section 40-16-2 of the Official Code of Georgia Annotated, relating to the primary responsibilities of the Department of Driver Services, is amended by revising paragraph (10) of subsection (b) as follows: "(10) Enforcement of Code Sections 32-9-4 32-12-15 and 40-6-54, relating to designation of restricted travel lanes is transferred to the Department of Public Safety;" SECTION 4-14. Code Section 45-12-170 of the Official Code of Georgia Annotated, relating to the Office of Planning and Budget to perform planning and development function, powers and duties generally, and recommendations of planned communities for state development assistance, is amended by revising subsection (d) as follows: "(d) The Office of Planning and Budget shall recommend for certification for state development assistance all planned communities which meet the requirements of subsection (c) of this Code section. Such recommendations shall be made to the secretary of transportation and the chairmen of the State Transportation Board, chairpersons of the State Board of Education, the Board of Natural Resources, and the Board of Community Affairs. If a majority of said chairmen officials approve any recommendation, the Governor shall be authorized to certify such planned community as eligible for state development assistance." SECTION 4-15. Code Section 45-12-203 of the Official Code of Georgia Annotated, relating to membership on the Governor's Development Council, is amended by revising subsections THURSDAY, MARCH 5, 2009 1301 (a) and (b) as follows: "(a) The members of the board of directors of the Georgia Regional Transportation Authority State Transportation Authority provided by Code Section 50-32-4 Chapter 12 of Title 32, upon their initial appointment and thereafter, shall constitute the membership of the council. Membership on that authority or the council shall not constitute an appointment to an office of honor or trust for purposes of subsection (a) of Code Section 50-32-4. (b) The chair of the Georgia Regional Transportation Authority State Transportation Authority shall serve as the chair of the council." SECTION 4-16. Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, sinking and common reserve funds, appropriations, investments, and taxation to pay debt service requirements, is amended by revising the introductory language of subsection (a) as follows: "(a) General obligation debt. General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of the issue, and appropriating an amount at least sufficient to pay the highest annual debt service requirements for the issue. Appropriations made in each fiscal year, as provided in this subsection, for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred; but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. Following the incurring of debt in any fiscal year for any purpose for which an appropriation has been made, there shall be deposited in the sinking fund provided for in paragraph (1) of this subsection an amount equal to the highest annual debt service requirements for such debt coming due in any succeeding fiscal year. On or prior to the end of such fiscal year, the commission shall certify to the fiscal officer of the state the amount of the appropriation for any purpose which has been transferred to the sinking fund and the amount of the anticipated highest annual debt service requirement of debt authorized to be issued in such fiscal year for any purpose by resolution of the commission but which actually will be incurred in the next succeeding fiscal year. The remaining appropriation for any purpose, after deducting the aggregate amounts described in the preceding sentence, shall lapse, except that any such amount attributable to an appropriation to general obligation debt for the construction and improvement of public roads and bridges shall not lapse but shall be paid to the Department of Transportation disbursed to the State Public Transportation Fund. The General Assembly may provide in an appropriation of highest annual debt service requirements that if the commission determines not to incur the debt so authorized, the commission may expend the appropriation as capital outlay for the purposes specified in the appropriation. The appropriation as capital outlay shall lapse at the end of the fiscal year of the appropriation unless committed as provided by law. The appropriation as highest annual debt service shall expire as authorization for 1302 JOURNAL OF THE SENATE debt when the funds are committed as capital outlay but shall otherwise lapse as provided by law." SECTION 4-17. Code Section 50-17-25, relating to incurring public debt by resolution, sale of evidences of indebtedness, form of obligations, validation of bonds, civil claims and actions, is amended by revising subsection (b) to add a new paragraph to read as follows: "(4) A resolution authorizing general obligation debt to acquire, construct, develop, extend, enlarge, or improve highways or other public transportation projects must be preceded by a resolution of the State Transportation Agency approving the issuance under the allocations, guidelines, and policies of the State Transportation Authority." SECTION 4-18. Code Section 50-23-4 of the Official Code of Georgia Annotated, relating to definitions relative to the Environmental Facilities Authority, is amended by revising subparagraph (B) of paragraph (12) as follows: "(B) Projects authorized by the Georgia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter State Transportation Authority, 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 authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority State Transportation Authority shall be limited to providing such financing and related matters as authorized by the Georgia Regional Transportation Authority State Transportation Authority." SECTION 4-19. Code Section 52-3-5 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain along the intracoastal waterway, is amended by revising said Code section as follows: "52-3-5. If for any reason the Department of Transportation is unable to secure any such property or rights required by the United States government for the construction and maintenance of the intracoastal waterway from the Savannah River to Cumberland Sound by voluntary agreement with the owner or owners thereof on terms and conditions satisfactory to it, the department is vested with the power to condemn the same and in so doing to employ the way, means, method, and procedure of Chapter 2 of Title 22 and Article 6 of Chapter 3 of Title 22, relating to the acquisition of property by condemnation on the part of the State of Georgia and of the United States; and in all instances any general and specific benefits to the owner or owners of such property or lands shall be offset against any damages to such property or lands. When the easement or property is thus acquired, a deed shall be executed conveying it to the United States. All easements granted under the authority of this Code section shall be approved by the State Transportation Board State Transportation Authority and shall be executed by the commissioner of transportation." THURSDAY, MARCH 5, 2009 1303 PART V Provisions Repealing the Georgia Regional Transportation Authority SECTION 5-1. Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, is repealed in its entirety and designated as reserved. PART VI Effective Date; Repealer SECTION 6-1. This Act shall become effective on July 1, 2009, except for Chapter 11A of Title 32 and Code Section 32-12-5 of the Official Code of Georgia Annotated, as enacted by this Act, which shall become effective upon the Governor's signature. SECTION 6-2. All laws and parts of laws in conflict with this Act are repealed. The President resumed the Chair. Senators Shafer of the 48th and Pearson of the 51st offered the following amendment #1 to the committee substitute: Amend SB 200 (34 2187S) by striking lines 2009 through 2012 and inserting in lieu thereof the following: (c) Except as expressly authorized by an authority rule or regulation relating to alternative procedures for letting contracts for public-private partnerships identified in subsection (b) of this Code section, all contracts shall be let to the reliable bidder submitting the lowest sealed bid. On the adoption of the amendment, there were no objections, and the Shafer, 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: N Adelman Y Balfour N Brown Y Hawkins Y Heath N Henson Y Rogers Y Seabaugh N Seay 1304 JOURNAL OF THE SENATE N Buckner N Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert N Crosby Y Douglas N Fort Y Goggans N Golden N Grant Y Hamrick E Harbison Y Harp Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas 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 25. SB 200, having received the requisite constitutional majority, was passed by substitute. The following Resolution of the House was put upon its passage: HR 565. 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 2009 regular session of the General Assembly for the period of March 5, 2009, through April 3, 2009, shall be as follows: Thursday, March 5 . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 27 Friday, March 6 through Sunday, March 8 . . . . . . in adjournment Monday, March 9 . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 28 Tuesday, March 10 . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 29 Wednesday, March 11 . . . . . . . . . . . . . . . . . . . . . . in adjournment Thursday, March 12 . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 30 Friday, March 13 through Monday, March 16 . . . .in adjournment Tuesday, March 17 . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 31 Wednesday, March 18 . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 32 THURSDAY, MARCH 5, 2009 1305 Thursday, March 19 . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 33 Friday, March 20 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 34 Saturday, March 21and Sunday, March 22 . . . . . . in adjournment Monday, March 23 . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 35 Tuesday, March 24 . . . . . . . . . . . . . . . . . . . . . . . . .in adjournment Wednesday, March 25 . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 36 Thursday, March 26 . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 37 Friday, March 27 through Sunday, March 29 . . . . in adjournment Monday, March 30 . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 38 Tuesday, March 31 . . . . . . . . . . . . . . . . . . . . . . . . .in adjournment Wednesday, April 1 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 39 Thursday, April 2 . . . . . . . . . . . . . . . . . . . . . . . . . .in adjournment Friday, April 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 40 BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. BE IT FURTHER RESOLVED that the provisions of this resolution shall supersede and control over any conflicting provisions of HR 238. On the adoption of the resolution, there were no objections, and the adjournment resolution was adopted. The Calendar was resumed. Senator Sims of the 12th was excused for business outside the Senate Chamber. SB 206. By Senators Goggans of the 7th, Hill of the 4th, Williams of the 19th, Rogers of the 21st, Cowsert of the 46th 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, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require tax expenditure reviews as a part of the budget report; to provide for a definition; to provide for contents and requirements of each report; 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: 1306 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas 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 206, having received the requisite constitutional majority, was passed. SR 291. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th, Mullis of the 53rd, Seay of the 34th and others: A RESOLUTION urging the President and Congress of the United States to support legislative efforts to enact the "National Childhood Brain Tumor Prevention Network Act of 2009"; 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 Buckner Bulloch Y Butler Y Butterworth Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton THURSDAY, MARCH 5, 2009 1307 Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 51, nays 0. SR 291, having received the requisite constitutional majority, was adopted. SR 304. By Senators Pearson of the 51st, Murphy of the 27th, Moody of the 56th, Heath of the 31st, Shafer of the 48th and others: A RESOLUTION urging the United States Fish and Wildlife Service to conduct further scientific study in the Etowah River Basin, to perform the mandatory five-year review of all federally listed species, and to develop an Environmental Impact Statement before further review of the Etowah Aquatic Habitat Conservation Plan; 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 Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Crosby Y Douglas Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C 1308 JOURNAL OF THE SENATE Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed 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. SR 304, having received the requisite constitutional majority, was adopted. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 565 until 2:00 p.m. Monday, March 9, 2009; the motion prevailed, and at 5:11 p.m. the President announced the Senate adjourned. MONDAY, MARCH 9, 2009 1309 Senate Chamber, Atlanta, Georgia Monday, March 9, 2009 Twenty-eighth Legislative Day The Senate met pursuant to adjournment at 2:00 p.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 messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 63. By Representative Ehrhart of the 36th: 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 requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax 1310 JOURNAL OF THE SENATE allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 68. HB 147. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Talton of the 145th, O`Neal of the 146th, Randall of the 138th, Lucas of the 139th and Everson of the 106th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 171. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions to requirements for disclosure of public records, so as to provide that public disclosure shall not be required for certain personal contact information of individuals obtained by a local government; to repeal conflicting laws; and for other purposes. HB 184. By Representatives Frazier of the 123rd, Williams of the 89th, Amerson of the 9th, Nix of the 69th, Brooks of the 63rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 9, 2009 1311 HB 207. HB 244. HB 278. HB 304. HB 308. By Representatives Sims of the 169th, Williams of the 178th, Smith of the 168th, Hatfield of the 177th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to change certain provisions relating to operating restrictions; to repeal conflicting laws; and for other purposes. By Representatives Pruett of the 144th, Harden of the 28th, Everson of the 106th, Jacobs of the 80th, Sellier of the 136th and others: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey 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 temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Porter of the 143rd, Epps of the 140th, Franklin of the 43rd and Scott of the 2nd: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Ralston of the 7th, Willard of the 49th, Oliver of the 83rd and Dobbs of the 53rd: A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide 1312 JOURNAL OF THE SENATE certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 329. By Representatives Golick of the 34th, Knox of the 24th, Hatfield of the 177th, Ramsey of the 72nd, Bearden of the 68th and others: HB 464. HB 465. A BILL to be entitled an Act to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, so as to change provisions relating to the maximum period of revocation after commission of a crime; to provide that for this purpose. By Representatives Reece of the 11th, Hill of the 21st, Jerguson of the 22nd, Greene of the 149th, Stephens of the 164th 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 modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Maxwell of the 17th, Meadows of the 5th and Benton of the 31st: A BILL to be entitled an Act to amend Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees relative to the Peace Officers' Annuity and Benefit Fund, so as to provide for a certain employer contribution to such fund; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 9, 2009 1313 HB 476. HB 477. HB 514. HB 528. HB 564. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain members; to repeal conflicting laws; and for other purposes. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-1-62 of the Official Code of Georgia Annotated, relating to procedure for establishment of creditable service, computations, employer contributions, and system or fund unable to provide creditable service, so as to remove a requirement that an application for certain creditable service be made within a certain period; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives McCall of the 30th and England of the 108th: 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 require developers to provide audits to homeowners in certain circumstances; to repeal conflicting laws; and for other purposes. By Representatives McCall of the 30th and Benton of the 31st: A BILL to be entitled an Act to provide a new charter for the City of Nicholson; to provide for incorporation, boundaries, and powers of the city; 1314 JOURNAL OF THE SENATE 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 an effective date; to repeal conflicting laws; and for other purposes. HB 577. HB 583. HB 584. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, so as to provide for compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Shaw of the 176th, Carter of the 175th and Black of the 174th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Valdosta, approved April 19, 2000 (Ga. L. 2000, p. 4025), as amended, so as to revise the corporate limits of said municipality; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Powell of the 171st: A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Mitchell County, approved March 25, 1996 (Ga. L. 1996, p. 3700); to specify the vehicle registration period for Mitchell County; to repeal conflicting laws; and for other purposes. HB 588. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Broxton, Georgia, located in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 9, 2009 1315 HB 589. HB 590. HB 591. HB 592. HB 593. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to reincorporate the City of Pearson in the County of Atkinson, approved March 29, 1971 (Ga. L. 1971, p. 2266), as amended, so as to revise the method of filling vacancies; to provide for submission 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. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, so as to revise the method of filling vacancies; to provide for election dates; to provide for terms of office; to provide for an oath of office; to provide for meetings; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to revise the provisions for the filling of vacancies in the office of mayor or commission member; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to provide and establish a new charter for the Town of Nicholls, in the County of Coffee, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to revise the manner of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to create and incorporate the City of Denton in the County of Jeff Davis and grant a charter to that municipality under that name and style, approved February 28, 1966 (Ga. L. 1966, p. 2352), so as to revise the manner of filling vacancies; to provide for submission 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. 1316 JOURNAL OF THE SENATE HB 594. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.Dec. Sess., p. 3039), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3941), so as to revise the method of filling vacancies; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 596. By Representatives Hill of the 21st, Hamilton of the 23rd, Jerguson of the 22nd and Byrd of the 20th: A BILL to be entitled an Act to authorize the governing authority of the City of Woodstock to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 598. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide a new charter for the City of Lumpkin; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 618. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to provide for continuation in office of current members; to provide for the staggered election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 9, 2009 1317 Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II). The following Senate legislation was introduced, read the first time and referred to committee: SB 254. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to provide the State Properties Commission the authority to enter into multiyear lease agreements; to remove the authority of the Department of Labor to manage its own space; to provide for the termination of certain rental and lease agreements; to provide for direct appropriations to the commission; 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 255. By Senators Butterworth of the 50th, Grant of the 25th, Harp of the 29th, Mullis of the 53rd, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, the "Criminal Code of Georgia," so as to require that persons convicted of certain crimes shall be required to wear a global positioning system monitor capable of tracking and recording their location; to provide for the offenses subject to such requirement; to provide for enforcement through probation or parole requirements; to provide for fees to be paid by offenders and their disposition; to provide for the award of contracts to providers of monitoring equipment and services; to provide for waivers of privacy rights and other rights; to redefine the crime of unlawfully interfering with monitoring equipment and provide for punishment; to provide for construction; to provide for other matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 1318 JOURNAL OF THE SENATE SR 510. By Senator Rogers of the 21st: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the State Properties Commission, the Board of Regents of the University System of Georgia, or both to enter into multiyear rental agreements without obligating present funds for the full obligation to the state under the full term of such agreements; 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 State Institutions and Property Committee. SR 513. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Stoner of the 6th, Pearson of the 51st and others: A RESOLUTION creating the Joint Georgia State Fire Services Study Committee; and for other purposes. Referred to the Public Safety Committee. The following House legislation was read the first time and referred to committee: HB 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 63. By Representative Ehrhart of the 36th: 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 requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for MONDAY, MARCH 9, 2009 1319 exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 68. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 147. By Representatives Talton of the 145th, O`Neal of the 146th, Randall of the 138th, Lucas of the 139th and Everson of the 106th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 171. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions to requirements for disclosure of public records, so as to provide that public disclosure shall not be required for certain personal contact information of individuals obtained by a local government; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 184. By Representatives Frazier of the 123rd, Williams of the 89th, Amerson of the 9th, Nix of the 69th, Brooks of the 63rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and 1320 JOURNAL OF THE SENATE ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. HB 207. By Representatives Sims of the 169th, Williams of the 178th, Smith of the 168th, Hatfield of the 177th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to change certain provisions relating to operating restrictions; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 244. By Representatives Pruett of the 144th, Harden of the 28th, Everson of the 106th, Jacobs of the 80th, Sellier of the 136th and others: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 278. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey 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 temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 304. By Representatives Porter of the 143rd, Epps of the 140th, Franklin of the 43rd and Scott of the 2nd: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to MONDAY, MARCH 9, 2009 1321 change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 308. By Representatives Ralston of the 7th, Willard of the 49th, Oliver of the 83rd and Dobbs of the 53rd: A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; 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 329. By Representatives Golick of the 34th, Knox of the 24th, Hatfield of the 177th, Ramsey of the 72nd, Bearden of the 68th and others: A BILL to be entitled an Act to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, so as to change provisions relating to the maximum period of revocation after commission of a crime; to provide that for this purpose. Referred to the Judiciary Committee. HB 464. By Representatives Reece of the 11th, Hill of the 21st, Jerguson of the 22nd, Greene of the 149th, Stephens of the 164th 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 modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; to 1322 JOURNAL OF THE SENATE 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 465. By Representatives Maxwell of the 17th, Meadows of the 5th and Benton of the 31st: A BILL to be entitled an Act to amend Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees relative to the Peace Officers' Annuity and Benefit Fund, so as to provide for a certain employer contribution to such fund; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 476. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain members; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 477. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-1-62 of the Official Code of Georgia Annotated, relating to procedure for establishment of creditable service, computations, employer contributions, and system or fund unable to provide creditable service, so as to remove a requirement that an application for certain creditable service be made within a certain period; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to MONDAY, MARCH 9, 2009 1323 provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 528. By Representatives McCall of the 30th and England of the 108th: 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 require developers to provide audits to homeowners in certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 564. By Representatives McCall of the 30th and Benton of the 31st: A BILL to be entitled an Act to provide a new charter for the City of Nicholson; 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 577. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, so as to provide for compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 583. By Representatives Shaw of the 176th, Carter of the 175th and Black of the 174th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Valdosta, approved April 19, 2000 (Ga. L. 2000, p. 4025), as amended, 1324 JOURNAL OF THE SENATE so as to revise the corporate limits of said municipality; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 584. By Representative Powell of the 171st: A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Mitchell County, approved March 25, 1996 (Ga. L. 1996, p. 3700); to specify the vehicle registration period for Mitchell County; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 588. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Broxton, Georgia, located in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 589. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to reincorporate the City of Pearson in the County of Atkinson, approved March 29, 1971 (Ga. L. 1971, p. 2266), as amended, so as to revise the method of filling vacancies; to provide for submission 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 590. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, so as to revise the method of filling vacancies; to provide for election dates; to provide for terms of office; to provide for an oath of office; to provide for meetings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. MONDAY, MARCH 9, 2009 1325 HB 591. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to revise the provisions for the filling of vacancies in the office of mayor or commission member; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 592. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to provide and establish a new charter for the Town of Nicholls, in the County of Coffee, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to revise the manner of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 593. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to create and incorporate the City of Denton in the County of Jeff Davis and grant a charter to that municipality under that name and style, approved February 28, 1966 (Ga. L. 1966, p. 2352), so as to revise the manner of filling vacancies; to provide for submission 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 594. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3941), so as to revise the method of filling vacancies; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1326 JOURNAL OF THE SENATE HB 596. By Representatives Hill of the 21st, Hamilton of the 23rd, Jerguson of the 22nd and Byrd of the 20th: A BILL to be entitled an Act to authorize the governing authority of the City of Woodstock to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 598. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide a new charter for the City of Lumpkin; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 618. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to provide for continuation in office of current members; to provide for the staggered election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to 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 MONDAY, MARCH 9, 2009 1327 following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 237 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 249 Do Pass 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 243 Do Pass by substitute 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 36 SR 406 Do Pass Do Pass Respectfully submitted, Senator Weber of the 40th District, Chairman 1328 JOURNAL OF THE SENATE 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 11 Do Pass Respectfully submitted, Senator Johnson of the 1st 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 240 Do Pass by substitute Respectfully submitted, Senator Chance of the 16th 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 222 SB 225 Do Pass by substitute Do Pass Respectfully submitted, Senator Unterman of the 45th 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 169 SB 244 SB 252 Do Pass by substitute Do Pass Do Pass SR 331 SR 456 SR 506 Do Pass Do Pass Do Pass MONDAY, MARCH 9, 2009 1329 Mr. President: Respectfully submitted, Senator Thomas of the 54th District, Chairman 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 172 SB 173 Do Pass Do Pass 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 250 SB 253 Do Pass Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The Retirement Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 109 Do Pass by substitute Respectfully submitted, Senator Heath of the 31st District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 274 Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman 1330 JOURNAL OF THE SENATE Mr. President: The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 436 Do Pass SB 130 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 563 Do Pass SB 191 Do Pass by substitute Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: HB 49 HB 100 HB 190 HB 229 HB 231 HB 320 HB 427 SB 7 SB 25 SB 27 SB 28 SB 44 SB 56 SB 77 SB 82 SB 91 SB 99 SB 118 SB 125 SB 160 SB 162 SB 167 SB 170 SB 180 SB 182 SB 188 SB 192 SB 195 SB 201 SB 203 SB 210 SB 211 SB 212 SB 216 SB 218 SB 223 SB 226 SB 228 SB 229 SB 231 SB 233 SB 238 SB 239 SR 57 SR 176 SR 295 SR 327 SR 402 SR 422 SR 431 SR 433 SR 453 SR 464 SR 465 SR 466 Senator Unterman of the 45th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused. Senator Thompson of the 5th asked unanimous consent that Senator Jackson of the 2nd be excused. The consent was granted, and Senator Jackson was excused. MONDAY, MARCH 9, 2009 1331 The roll was called and the following Senators answered to their names: Adelman Balfour Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,W Johnson Jones Moody Mullis Murphy Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Brown Orrock Goggans (Excused) Jackson, L. (Excused) Senator Brown of the 26th 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 Thompson of the 5th introduced the chaplain of the day, Reverend Julie Crosby of Lawrenceville, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 508. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION commending Jerimiah Wadley, Riverdale High School's 2009 STAR Student, and Steve Price, Riverdale High School's 2009 STAR Teacher; and for other purposes. 1332 JOURNAL OF THE SENATE SR 509. By Senators Hawkins of the 49th, Butterworth of the 50th, Shafer of the 48th, Pearson of the 51st and Murphy of the 27th: A RESOLUTION recognizing and commending the Spring Chicken Festival and Chicken City Cook Off and designating the Hall County event as the official chicken cookoff for the State of Georgia; and for other purposes. SR 511. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Alexander Robert Goldie; and for other purposes. SR 512. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Douglas Carlisle King; and for other purposes. SR 514. By Senator Cowsert of the 46th: A RESOLUTION commending Darius O'Brien Weems and recognizing Thursday, March 5, 2009, as Duchenne Muscular Dystrophy Day at the state capitol; and for other purposes. SR 515. By Senators Staton of the 18th, Harp of the 29th, Crosby of the 13th, Tarver of the 22nd, Wiles of the 37th and others: A RESOLUTION recognizing May 1, 2009, as Law Day in the United States of America and in the State of Georgia; and for other purposes. SR 516. By Senators Jones of the 10th, Buckner of the 44th, Butler of the 55th, Orrock of the 36th, Douglas of the 17th and others: A RESOLUTION recognizing and commending Mrs. Joanne Mulvaney; and for other purposes. SR 517. By Senators Heath of the 31st and Hamrick of the 30th: A RESOLUTION recognizing and commending Ms. Joyce Lovelace; and for other purposes. SR 518. By Senator Pearson of the 51st: A RESOLUTION commending Keith Petty, Jasper Middle School's 2009 STAR Teacher; and for other purposes. MONDAY, MARCH 9, 2009 1333 SR 519. By Senator Pearson of the 51st: A RESOLUTION commending Catherine Ariemma, Lumpkin County High School's 2009 STAR Teacher; and for other purposes. SR 569. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Mrs. Ginger Taylor; and for other purposes. Senator Pearson of the 51st recognized Ginger Taylor, commended by SR 569. Ginger Taylor addressed the Senate briefly. Senator Grant of the 25th 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 Monday, March 9, 2009 Twenty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 191 Henson of the 41st CITY OF STONE MOUNTAIN A BILL to be entitled an Act to provide a new charter for the City of Stone Mountain; 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 repeal a specific Act; to provide for a referendum; to provide for effective dates; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. (Substitute) HB 563 Sims of the 12th RANDOLPH COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Randolph County, approved February 28, 1334 JOURNAL OF THE SENATE 1994 (Ga. L. 1994, p. 3575), as amended, so as to provide for organization and officers of the board; to provide for a quorum and the transaction of business; to provide for board policies; to provide an effective date; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *SB 191: The Senate State and Local Governmental Operations Committee offered the following substitute to SB 191: A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Stone Mountain; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for a referendum; to provide for effective dates; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: MONDAY, MARCH 9, 2009 1335 ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. The City of Stone Mountain, in DeKalb County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style Stone Mountain, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map of the corporate limits of the City of Stone Mountain, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12. 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 charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. 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 under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes 1336 JOURNAL OF THE SENATE 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; (4) Business regulation and taxation. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other 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. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (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 outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) 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; (10) 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 in the city 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; (11) 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; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source MONDAY, MARCH 9, 2009 1337 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; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) 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; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) 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; (18) 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; (19) 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; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) 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; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) 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; 1338 JOURNAL OF THE SENATE (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) 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 Georgia Public Service Commission; (30) 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; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to 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; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting MONDAY, MARCH 9, 2009 1339 such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) 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; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, alcoholic beverages, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes 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; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, 1340 JOURNAL OF THE SENATE or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. SECTION 2.11. City councilmembers; terms and qualifications for office. The mayor and city council shall be elected at large pursuant to Section 5.11 of this charter. The mayor and councilmembers 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 this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person has filed a written notice with the city clerk that he or she desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person has filed the notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies--The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies--A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. (c) Suspension--Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those MONDAY, MARCH 9, 2009 1341 remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. SECTION 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. SECTION 2.14. Conflicts of interest; holding other offices. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest--No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure--Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of 1342 JOURNAL OF THE SENATE the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property--No elected official, appointed officer, or employee of the city or 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. (e) Contracts voidable and rescindable--Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official--Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (g) Political activities of certain officers and employees--No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation-- (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. SECTION 2.15. Inquiries and investigations. Following the adoption of an authorizing resolution, 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 by the city council shall be punished as may be provided by ordinance. MONDAY, MARCH 9, 2009 1343 SECTION 2.16. General power and authority of the city council. (a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (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 Stone Mountain and may enforce such ordinances by imposing penalties for violation thereof. SECTION 2.17. Organizational meetings. The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: "I do swear (or affirm) that I will faithfully perform the duties of (mayor) (councilmember) of the City of Stone Mountain during my term of office; that I am not the holder of any unaccounted for public money due the State of Georgia or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I may, by the laws of the State of Georgia, be prohibited from holding; that I am otherwise qualified to hold the office to which I have been elected according to the Constitution and laws of Georgia; that I will support the Constitution of the United States and of the State of Georgia; that I am a resident of the City of Stone Mountain; and that I will enforce the charter and ordinances of the City of Stone Mountain to the best of my skill and ability." SECTION 2.18. Meetings. (a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and 1344 JOURNAL OF THE SENATE notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted. SECTION 2.19. Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.20. Quorum; voting. Three members of the city council and the mayor or mayor pro tempore shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by show of hands and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four members of the city council shall be required for the adoption of any ordinance, resolution, or motion. SECTION 2.21. Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Stone Mountain..." and every ordinance shall so begin. Prior to the submission of any ordinance for consideration by the mayor and city council, the same shall be submitted to the city attorney and be approved by him or her as to form and to ensure such ordinance is not covered by, or in conflict with, any law of general application or other city ordinance. (b) An ordinance may be introduced by any member of the city council and be read at a regular meeting, work session, or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.23 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate. (c) The reading of the preamble to an ordinance shall be sufficient to meet the MONDAY, MARCH 9, 2009 1345 requirements of a "read" or "reading." By an affirmative vote of a majority of the city council, a reading of the ordinance in its entirety shall be required. SECTION 2.22. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 2.23. Emergencies. (a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. SECTION 2.24. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public. 1346 JOURNAL OF THE SENATE SECTION 2.25. Signing; authenticating; recording; codification; printing. (a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Stone Mountain, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city manager. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city manager. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.26. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications. SECTION 2.27. Removal of city manager. (a) The 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 which states the reasons for removal 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, the city manager may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the city council a written reply not later than five days before the hearing; and MONDAY, MARCH 9, 2009 1347 (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city manager may continue to receive a salary until the effective date of a final resolution of removal. SECTION 2.28. Acting city manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. SECTION 2.29. Powers and duties of the city manager. The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall: (1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on 1348 JOURNAL OF THE SENATE the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council. SECTION 2.30. Council's interference with administration. Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and 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 2.31. Selection of mayor pro tempore. By a majority vote of all its members, the city council shall elect a councilmember to serve as mayor pro tempore who shall serve at the pleasure of the city council. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. SECTION 2.32. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the mayor and city council and have the right to take part in the deliberations of the city council, but shall not vote on any question except in the case of a tie; (2) Serve as the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Be clothed with veto power as pursuant to Section 2.34 of this charter; (6) Sign, along with an individual so designated by majority vote of the city council, all checks for the payment of money; and (7) Call the city council together at any time when deemed necessary by him or her. MONDAY, MARCH 9, 2009 1349 SECTION 2.33. Mayor pro tempore. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. SECTION 2.34. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within four days of receipt of an ordinance return it to the city clerk with or without his or her approval or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting when a quorum shall be present, and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of a majority of the quorum then present, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as 1350 JOURNAL OF THE SENATE necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance. SECTION 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as MONDAY, MARCH 9, 2009 1351 secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of 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 councilmembers, city manager, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney. SECTION 3.13. City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. SECTION 3.14. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. SECTION 3.15. Personnel policies. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Stone Mountain. 1352 JOURNAL OF THE SENATE SECTION 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 15 days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's 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 MONDAY, MARCH 9, 2009 1353 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, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. SECTION 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and 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. SECTION 5.11. Regular elections; time for holding. The mayor and councilmembers elected in the general municipal elections in 2007 and 1354 JOURNAL OF THE SENATE 2009, and any person selected to fill a vacancy in any such office, shall serve until the regular expiration of their respective terms of office. Regular general municipal elections shall be held on the Tuesday next following the first Monday in November of each oddnumbered year for the election of successors to the mayor and councilmembers. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.17 of this charter. 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 plurality vote. The person receiving a plurality of the votes cast for any city office shall be elected. SECTION 5.14. Special elections; vacancies. In the event that the office of councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 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. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. SECTION 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as 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) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. MONDAY, MARCH 9, 2009 1355 The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of DeKalb County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage rate; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. SECTION 6.13. Licenses; permits; fees. The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. SECTION 6.14. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's 1356 JOURNAL OF THE SENATE streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. SECTION 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Construction; other taxes. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter MONDAY, MARCH 9, 2009 1357 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Lease-purchase contracts. The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. SECTION 6.23. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.24. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the 1358 JOURNAL OF THE SENATE preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. The city council shall also comply with the budgeting and auditing provisions of Chapter 81 of Title 36 of the O.C.G.A. SECTION 6.25. Operating budget. On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.26. Action by city council on budget. (a) The councilmembers may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of the ensuing fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable. SECTION 6.27. Levy of taxes. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such MONDAY, MARCH 9, 2009 1359 levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. SECTION 6.28. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.29. Capital improvements. (a) On or before the date fixed by the city council, but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the first day of the ensuing fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public. SECTION 6.31. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of 1360 JOURNAL OF THE SENATE course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.19 of this charter. SECTION 6.32. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.33. Sale and lease of property. (a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. MONDAY, MARCH 9, 2009 1361 SECTION 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.14. Construction and definitions. (a) Section captions in this charter are informative only and are not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) Except as specifically provided otherwise by this charter, the term: (1) "City council" means the members of the city council. (2) "Councilmember" means a member of the city council. SECTION 7.15. Specific repealer. An Act incorporating the City of Stone Mountain, approved March 28, 1990 (Ga. L. 1990, P. 4790), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.16. Referendum. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Stone Mountain 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 Stone Mountain for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 2009, 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 DeKalb County. 1362 JOURNAL OF THE SENATE The ballot shall have written or printed thereon the words: "( ) YES Shall the Act which provides a new charter for the City of Stone ( ) NO Mountain be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 2010. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 2010. The expense of such election shall be borne by the City of Stone Mountain. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7.17. Effective date. Section 7.16 and this section shall become effective upon signature of the Governor. The remaining sections of this charter shall become effective as provided in Section 7.16. SECTION 7.18. Preclearance. The governing authority of the City of Stone Mountain 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 7.19. General 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 Brown Y Buckner Y Hawkins Y Heath Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer MONDAY, MARCH 9, 2009 1363 Y Bulloch Y Butler Y Butterworth Y Chance Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 50, nays 0. The bills on the Local Consent Calendar, except SB 191, having received the requisite constitutional majority, were passed. SB 191 having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II). Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 118. The consent was granted, and the Senate insisted on its substitute to HB 118. The following Senators were excused for business outside the Senate Chamber: Henson of the 41st Seabaugh of the 28th 1364 JOURNAL OF THE SENATE SENATE RULES CALENDAR MONDAY, MARCH 9, 2009 TWENTY-EIGHTH LEGISLATIVE DAY SB 75 SB 112 SB 114 SB 115 SB 122 SB 155 SB 168 SB 176 SB 177 SB 193 SB 196 SB 213 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability (Substitute)(JUDY-31st) Courts; additional criminal penalties for purposes of drug abuse treatment/education programs; revise provisions (Substitute)(JUDY-52nd) Education; provide for transfer of students who are military dependents into a local school system (ED&Y-15th) Drivers' Licenses; driving while license is suspended/revoked or without being licensed; change provisions; provide for penalties (S JUDY-37th) State Employees Insurance; divide the Georgia Retiree Health Benefit Funds into two funds; define certain terms (Substitute)(APPROP-7th) Soil Erosion and Sedimentation; 25 foot buffers along state waters; change certain provisions (Substitute)(NR&E-51st) Campaign Contributions; filing of disclosure reports by candidates for county offices; change provisions (Substitute)(ETHICS-45th) Public Retirement Systems Standards Law; any increase in the actuarial accrued unfunded liability which occurs as a result of the enactment (RET31st) Retirement; provide appellate court judges who become members; shall not be entitled to certain group term life insurance benefits (RET-31st) Sentence/Punishment; authorize Corrections Dept.; participation in transitional center; offender's final year of incarceration (SI&P-25th) Motor Vehicles; serious injury due to a right of way violation resulting in collision; revise penalties; provide a penalty for second offense (PUB SAF-24th) Torts; specify manufacturer liability in certain cases (S JUDY-37th) MONDAY, MARCH 9, 2009 1365 SR 12 General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells CA (Substitute) (NR&E-51st) SR 109 Retrofit of Diesel Engines; joint study committee; create (Substitute) (NR&E-20th) SR 152 Governor's Academies; urge Governor to appoint a working group to study the establishment (ED&Y-40th) SR 153 Education Improvement Districts; provide creation and comprehensive regulation -CA (Substitute)(ED&Y-40th) SR 173 Regents; urged to establish/offer a teacher education program at each of its universities offering four-year degree programs (H ED-2nd) SR 333 Lamar Mobley Memorial Barn; designate (NR&E-23rd) 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 75. By Senators Heath of the 31st, Hooks of the 14th, Cowsert of the 46th, Bulloch of the 11th, Tolleson of the 20th 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 or fish on their property or allow persons on such property for agritourism; to provide for a short title; to require the posting of certain signs; to provide for specifications for such signs; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 75: 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 1366 JOURNAL OF THE SENATE permit persons to hunt or fish on their property or allow persons on such property for agritourism; to provide for a short title; to require the posting of certain signs; to provide for specifications for such signs; 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 "Landowners Protection Act of 2009." SECTION 2. 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: "51-1-53. (a) For the purposes of this Code section, the term 'agritourism' shall carry the same meaning as set out in subparagraph (p)(7)(B) of Code Section 48-5-7.4. (b) Notwithstanding Code Section 13-3-20, for the purposes of this Code section a person 16 years of age or older shall have the capacity to enter into a binding contract to waive his or her liability. (c) A landowner who charges admission for a person who is 16 years of age or older to hunt or fish on the owner's property or to enter the owner's property for the purposes of agritourism shall be immune from civil liability for any acts done by such person on such property, provided that: (1) The landowner's conduct does not constitute gross negligence or willful and wanton misconduct; (2) The landowner has posted at the main point of entry, if present, to the property a sign with a warning notice stating the following: (A) In the case of agritourism: 'Warning Under Georgia law, there is no liability for an injury or death of a participant at least 16 years of age in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity.' (B) In the case of a landowner who charges admission for a person who is 16 years of age or older to hunt or fish on the owner's property: 'Warning Under Georgia law, there is no liability for an injury or death of a hunting or fishing participant at least 16 years of age conducted at this location if such injury or death MONDAY, MARCH 9, 2009 1367 results from the inherent risks of such hunting or fishing activity. Inherent risks of hunting or fishing activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this hunting or fishing activity.' The warning notice specified in this paragraph shall appear on the sign in black letters, with each letter to be a minimum of one inch in height; and (3) The person who has paid admission to the landowner to enter such landowner's property to hunt, fish, or for the purposes of agritourism has signed a waiver of liability form stating that the person entering the landowner's property has waived all civil liability against the landowner for acts done by the landowner on his or her property. Such waiver of liability form shall mirror the language provided for in paragraph (2) of this subsection regarding the warning notice. (4) This Code section shall be supplemental to all other provisions of law that provide defenses to property owners. This Code section shall not create any new cause of action against a property owner or additional liability to property owners." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all causes of action arising on or after the effective date of this Act. 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver 1368 JOURNAL OF THE SENATE Y Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Tate Y Thomas 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 75, having received the requisite constitutional majority, was passed by substitute. Senator Tommie Williams, President Pro Tempore, assumed the Chair. SB 112. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to dispositions of fines and forfeitures, so as to revise provisions relating to additional criminal penalties for purposes of drug abuse treatment and education programs; to expand the list of offenses with respect to which such additional penalties shall be imposed; to provide that funds from such penalties may be used for drug court division purposes, as well as for the previously authorized purposes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 112: A BILL TO BE ENTITLED AN ACT To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to dispositions of fines and forfeitures, so as to revise provisions relating to additional criminal penalties for purposes of drug abuse treatment and education programs; to expand the list of offenses with respect to which such additional penalties shall be imposed; to provide that funds from such penalties may be used for drug court division purposes, as well as for the previously authorized purposes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 9, 2009 1369 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 dispositions of fines and forfeitures, is amended by revising Article 6 as follows: "ARTICLE 6 15-21-100. (a) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, 16-1330.2, 16-13-30.3, 16-13-30.5, or 16-13-31, 16-13-31.1, 16-13-32, 16-13-32.1, 16-1332.2, 16-13-32.3, 16-13-32.4, 16-13-32.5, 16-13-32.6, or 16-13-33 which offenses relate to certain activities regarding marijuana, controlled substances, and noncontrolled substances, there shall be imposed as an additional penalty a sum equal to 50 percent of the original fine. The additional 50 percent penalty shall also be imposed in every case in which a fine is imposed for violation of: (1) Code Section 3-3-23.1; (2) Code Section 40-6-391; or (3) Code Section 40-6-393 or 40-6-394 if the offender was also charged with a violation of Code Section 40-6-391. (b) The sums required by subsection (a) of this Code section shall be in addition to the 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. 15-21-101. (a) The sums provided for in Code Section 15-21-100 shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if the fine is paid in installments. Those sums paid over to the governing authority shall be deposited thereby into a special account to be known as the 'County Drug Abuse Treatment and Education Fund.' (b) Moneys collected pursuant to this article and placed in the 'County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively: (1) For drug abuse treatment and education programs relating to controlled substances and marijuana; and (2) If a drug court division has been established in the county under Code Section 151-15, for purposes of the drug court division. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of drug 1370 JOURNAL OF THE SENATE abuse treatment or education programs or drug court divisions." SECTION 2. This Act shall become effective on July 1, 2009. With respect to the additional offenses to which additional penalties are applied under this Act, such additional penalties shall be applied only to such offenses committed on or after July 1, 2009. 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 to the committee substitute: Amend the Senate Judiciary Committee substitute to SB 112 by revising lines 20 and 21 as follows: original fine. The additional 50 percent penalty shall also be imposed in every case in which a fine is imposed for violation of: 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Rogers E Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson MONDAY, MARCH 9, 2009 1371 Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 112, having received the requisite constitutional majority, was passed by substitute. SB 114. By Senators Harbison of the 15th, Harp of the 29th, Douglas of the 17th and Seay of the 34th: 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 define certain terms; to provide for applicability; to provide for the transfer of students who are military dependents into a local school system; to provide for placement; to provide for a waiver of course prerequisites; to provide for additional excused absences for certain students; to provide for eligibility for enrollment; to provide for on-time graduation; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 1372 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Y Powell Y Ramsey Y Reed Y Wiles Williams (PRS) On the passage of the bill, the yeas were 54, nays 0. SB 114, having received the requisite constitutional majority, was passed. Senator Wiles of the 37th asked unanimous consent to drop SB 115 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 115 was placed at the foot of the Rules Calendar. Senator Chance of the 16th was excused for business outside the Senate Chamber. SB 122. By Senators Goggans of the 7th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to divide the Georgia Retiree Health Benefit Fund into two funds; to define certain terms; to create the Georgia State Retiree Health Benefit Fund and the Georgia School Retiree Health Benefit Fund; to repeal the Georgia Retiree Health Benefit Fund; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Appropriations Committee offered the following substitute to SB 122: 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, so as to create the Georgia School Personnel Post-employment Health Benefit Fund; to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, so as to create the Georgia State Employees Post-employment Health Benefit Fund; to define certain terms relative to such funds; to provide for certain responsibilities of the Department of Community Health relative to such funds; to provide for actuaries for such funds; to provide for control of such funds; to provide for investments; to provide for minimum annual contributions; to repeal provisions of Article 6 of such chapter; 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: MONDAY, MARCH 9, 2009 1373 SECTION 1. 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, is amended by redesignating current Subparts 1 and 2 as Subparts 2 and 3, respectively, and by adding a new Subpart 1 to read as follows: "Subpart 1 20-2-874. As used in this subpart, the term: (1) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. (2) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the fund such as mortality, withdrawal, disability, and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. (3) 'Actuarial cost method' means a method for determining the actuarial present value of the obligations and administrative expenses of the fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods. (4) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the fund. (5) 'Actuarially sound' means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years. (6) 'Administrative expenses' means all expenses incurred in the operation of the fund, including all investment expenses. (7) 'Annual required contribution' means the amount determined in accordance with requirements of Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (8) 'Board' means the Board of Community Health. (9) 'Commissioner' means the commissioner of community health. (10) 'Covered health care expenses' means all actual health care expenses incurred by the health plans on behalf of fund beneficiaries. Actual health care expenses include 1374 JOURNAL OF THE SENATE claims incurred by fund beneficiaries and providers and premiums incurred by intermediary entities and health care providers by the health plans. (11) 'Department' means the Department of Community Health. (12) 'Eligible to participate' means employees of employers who are participating in one of the health plans and those employees of employers who qualify to participate in the health plan but choose not to do so. (13) 'Employer' means the entity with which the fund beneficiary had the direct, in the case of employees, or indirect, in the case of dependents, employment relationship that gave rise to the fund beneficiary's eligibility for post-employment health benefits under the health plan. (14) 'Fund' means the Georgia School Personnel Post-employment Health Benefit Fund established under this subpart. (15) 'Fund beneficiaries' means all persons receiving post-employment health care benefits through the health plans. (16) 'Health plans' means the health insurance plan for public school teachers established under Subpart 2 of this part and the health insurance plan for public school employees established under Subpart 3 of this part. (17) 'Normal cost' means that portion of the actuarial present value of the fund obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the fund. (18) 'Obligations' means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries less any amounts received by or on behalf of fund beneficiaries. (19) 'State plan for other post-employment benefits' means the State of Georgia fiscal funding plan for retiree post-employment health care benefits as it relates to Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (20) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes. 20-2-875. (a) There is created the Georgia School Personnel Post-employment Health Benefit Fund to provide for the costs of post-employment health insurance benefits. The fund shall be a trust fund of public funds; the board in its official capacity shall be the fund's trustee; and the commissioner in his or her official capacity shall be its administrator. (b) On August 31, 2009, the board shall identify the funds held in the Georgia Retiree Health Benefit Fund created by Article 6 of Chapter 18 of Title 45 for the payment of postretirement health benefits for public school teachers and public school employees and shall on that date transfer such funds to the fund created by subsection (a) of this Code section. (c) The fund shall be available and dedicated without fiscal year limitations for covered MONDAY, MARCH 9, 2009 1375 health care expenses and administration costs. All employer and fund beneficiary contributions, appropriations, earnings, and reserves for the payment of obligations under this subpart shall be irrevocably credited to the fund. The amounts remaining in the fund, if any, after such health care expenses and administration costs have been paid shall be retained in the fund as a special reserve for covered health care expenses and administration costs. The board shall determine the time and amounts of distributions from the special reserve for covered health care expenses and administration costs. All assets of the fund shall be used solely for the payment of fund obligations and for no other purpose and shall be protected from creditors of the state and the employers. 20-2-876. (a) Responsibility for the proper operation of the fund is vested in the department. (b) The board shall adopt actuarial assumptions as it deems necessary and prudent. (c) The board may adopt any rules and regulations that it finds necessary to properly administer the fund. (d) The board shall adopt rules and regulations to account for employer contributions and other assets separately. (e) The commissioner, as executive officer of the board, shall employ such personnel as may be needed to carry out the provisions of this subpart and such personnel shall be employees of the department. The pro rata share of the costs of operating the department in the manner prescribed by law shall be a part of the administrative costs of the fund. (f) The department may employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this subpart. (g) The department shall contract with the Division of Investment Services of the Teachers Retirement System of Georgia for any necessary services with respect to fund investments. (h) The department shall maintain all necessary records regarding the fund in accordance with generally accepted accounting principles, as applicable to the fund. (i) The department shall collect all moneys due to the fund and shall pay any administrative expenses necessary and appropriate for the operation of the fund from the fund. (j) The department shall prepare an annual report of fund activities for the board, the House Committee on Appropriations, and the Senate Appropriations Committee. Such reports shall include, but not be limited to, audited financial statements. The reports shall contain the most recent information reasonably available to the department reflecting the obligations of the fund, earnings on investments, and such other information as the board deems necessary and appropriate. This report is due September 30 and shall reflect activity on a state fiscal year basis. (k) Notwithstanding any other provision of law to the contrary, the department shall be entitled to any information that it deems necessary and appropriate from a retirement system in order that the provisions of Code Section 20-2-877 may be carried out. 1376 JOURNAL OF THE SENATE 20-2-877. (a) The actuary employed or retained by the department shall provide technical advice to the department and to the board regarding the operation of the fund. (b) Utilizing the actuarial assumptions most recently adopted by the board, the actuary shall set annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the state plan for other post-employment benefits. 20-2-878. (a) Subject to the supervision of the board, the commissioner shall have control over the fund established by this subpart. The obligations provided for in this subpart and all administrative expenses shall be paid from the fund. The department may expend moneys from the fund for any purpose authorized by this subpart. (b) Subject to the supervision of the board, the commissioner shall have full power to invest and reinvest its assets, subject to all of the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 47, the 'Public Retirement Systems Investment Authority Law' for large retirement systems. Subject to such terms, conditions, limitations, and restrictions, the commissioner shall have full power to hold, purchase, sell, assign, transfer, and dispose of any securities and investments in which any of the moneys are invested, including the proceeds of any investments and other moneys belonging to the fund. The records maintained by the fund shall have the same exemption from public inspection as that provided in Code Section 47-1-14. (c) Except as otherwise provided in this subpart, no member of the board or employee of the department shall have any personal interest in the gains or profits from any investment made by the board or use the assets of the fund in any manner, directly or indirectly, except to make such payments as may be authorized by the board or by the commissioner as the executive officer of the board in accordance with this subpart. 20-2-879. (a) The board shall annually determine the minimum annual required contributions sufficient to maintain the fund in an actuarially sound manner in accordance with Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (b) The board may annually establish required employer contributions to the fund which are supplemental to required employer contributions to the health plans as set forth in Subparts 2 and 3 of this part. (c) It shall be the responsibility of employers to make contributions to the fund in accordance with the employer contribution rates established by the board." SECTION 2. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, is revised in Article 1, relating to the State Employees' MONDAY, MARCH 9, 2009 1377 Health Insurance Plan, by designating the existing Code sections as Part 1 and adding a new part to read as follows: "Part 2 45-18-24. As used in this part, the term: (1) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. (2) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the fund such as mortality, withdrawal, disability, and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. (3) 'Actuarial cost method' means a method for determining the actuarial present value of the obligations and administrative expenses of the fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods. (4) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the fund. (5) 'Actuarially sound' means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years. (6) 'Administrative expenses' means all expenses incurred in the operation of the fund, including all investment expenses. (7) 'Annual required contribution' means the amount determined in accordance with requirements of Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (8) 'Board' means the Board of Community Health. (9) 'Commissioner' means the commissioner of community health. (10) 'Covered health care expenses' means all actual health care expenses incurred by the health plan on behalf of fund beneficiaries. Actual health care expenses include claims incurred by fund beneficiaries and providers and premiums incurred by intermediary entities and health care providers by the health plan. (11) 'Department' means the Department of Community Health. (12) 'Eligible to participate' means employees of employers who are participating in 1378 JOURNAL OF THE SENATE the health plan and those employees of employers who qualify to participate in the health plan but choose not to do so. (13) 'Employer' means the entity with which the fund beneficiary had the direct, in the case of employees, or indirect, in the case of dependents, employment relationship that gave rise to the fund beneficiary's eligibility for post-employment health benefits under the health plan. (14) 'Fund' means the Georgia State Employees Post-employment Health Benefit Fund established under this part. (15) 'Fund beneficiaries' means all persons receiving post-employment health care benefits as retirees or derivatively through retirees through the health plan. (16) 'Health plan' means the state employees' health insurance plan established under Part 1 of this article. (17) 'Normal cost' means that portion of the actuarial present value of the fund obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the fund. (18) 'Obligations' means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries less any amounts received by or on behalf of fund beneficiaries. (19) 'State plan for other post-employment benefits' means the State of Georgia fiscal funding plan for retiree post-employment health care benefits as it relates to Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (20) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes. 45-18-25. (a) There is created the Georgia State Employees Post-employment Health Benefit Fund to provide for the costs of post-employment health insurance benefits. The fund shall be a trust fund of public funds; the board in its official capacity shall be the fund's trustee; and the commissioner in his or her official capacity shall be its administrator. (b) On August 31, 2009, the board shall identify the funds held in the Georgia Retiree Health Benefit Fund created by Article 6 of this chapter for the payment of postretirement health benefits for state employees and shall on that date transfer such funds to the fund created by subsection (a) of this Code section. (c) The fund shall be available and dedicated without fiscal year limitations for covered health care expenses and administration costs. All employer and fund beneficiary contributions, appropriations, earnings, and reserves for the payment of obligations under this part shall be irrevocably credited to the fund. The amounts remaining in the fund, if any, after such health care expenses and administration costs have been paid shall be retained in the fund as a special reserve for covered health care expenses and administration costs. The board shall determine the time and amounts of distributions MONDAY, MARCH 9, 2009 1379 from the special reserve for covered health care expenses and administration costs. All assets of the fund shall be used solely for the payment of fund obligations and for no other purpose and shall be protected from creditors of the state and the employers. 45-18-102. (a) Responsibility for the proper operation of the fund is vested in the department. (b) The board shall adopt actuarial assumptions as it deems necessary and prudent. (c) The board may adopt any rules and regulations that it finds necessary to properly administer the fund. (d) The board shall adopt rules and regulations to account for employer contributions and other assets separately. (e) The commissioner, as executive officer of the board, shall employ such personnel as may be needed to carry out the provisions of this part and such personnel shall be employees of the department. The pro rata share of the costs of operating the department in the manner prescribed by law shall be a part of the administrative costs of the fund. (f) The department may employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this part. (g) The department shall contract with the Division of Investment Services of the Employees' Retirement System of Georgia for any necessary services with respect to fund investments. (h) The department shall maintain all necessary records regarding the fund in accordance with generally accepted accounting principles, as applicable to the fund. (i) The department shall collect all moneys due to the fund and shall pay any administrative expenses necessary and appropriate for the operation of the fund from the fund. (j) The department shall prepare an annual report of fund activities for the board, the House Committee on Appropriations, and the Senate Appropriations Committee. Such reports shall include, but not be limited to, audited financial statements. The reports shall contain the most recent information reasonably available to the department reflecting the obligations of the fund, earnings on investments, and such other information as the board deems necessary and appropriate. This report is due September 30 and shall reflect activity on a state fiscal year basis. (k) Notwithstanding any other provision of law to the contrary, the department shall be entitled to any information that it deems necessary and appropriate from a retirement system in order that the provisions of Code Section 45-18-26 may be carried out. 45-18-26. (a) The actuary employed or retained by the department shall provide technical advice to the department and to the board regarding the operation of the fund. (b) Utilizing the actuarial assumptions most recently adopted by the board, the actuary shall set annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the state plan for other post-employment benefits. 1380 JOURNAL OF THE SENATE 45-18-27. (a) Subject to the supervision of the board, the commissioner shall have control over the fund established by this part. The obligations provided for in this part and all administrative expenses shall be paid from the fund. The department may expend moneys from the fund for any purpose authorized by this part. (b) Subject to the supervision of the board, the commissioner shall have full power to invest and reinvest its assets, subject to all of the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 47, the 'Public Retirement Systems Investment Authority Law' for large retirement systems. Subject to such terms, conditions, limitations, and restrictions, the commissioner shall have full power to hold, purchase, sell, assign, transfer, and dispose of any securities and investments in which any of the moneys are invested, including the proceeds of any investments and other moneys belonging to the fund. The records maintained by the fund shall have the same exemption from public inspection as that provided in Code Section 47-1-14. (c) Except as otherwise provided in this part, no member of the board or employee of the department shall have any personal interest in the gains or profits from any investment made by the board or use the assets of the fund in any manner, directly or indirectly, except to make such payments as may be authorized by the board or by the commissioner as the executive officer of the board in accordance with this part. 45-18-28. (a) The board shall annually determine the minimum annual required contributions sufficient to maintain the fund in an actuarially sound manner in accordance with Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (b) The board may annually establish required employer contributions to the fund which are supplemental to required employer contributions to the health plans as set forth in Part 1 of this article. (c) It shall be the responsibility of state agencies to make contributions to the fund, subject to appropriations, in accordance with the employer contribution rate established by the board. (d) It shall be the responsibility of all other employers to make contributions to the fund in accordance with the employer contribution rates established by the board." SECTION 3. Said chapter is further amended by repealing in its entirety Article 6, relating to the Georgia Retiree Health Benefit Fund, which reads as follows: "ARTICLE 6 45-18-100. As used in this article, the term: MONDAY, MARCH 9, 2009 1381 (1) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. (2) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the fund such as mortality, withdrawal, disability, and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. (3) 'Actuarial cost method' means a method for determining the actuarial present value of the obligations and administrative expenses of the fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods. (4) 'Actuarial present value of total projected benefits' means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment. (5) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the fund. (6) 'Actuarially sound' means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years. (7) 'Administrative expenses' means all expenses incurred in the operation of the fund, including all investment expenses. (8) 'Annual required contribution' means the amount determined in accordance with requirements of Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (9) 'Board' means the Board of Community Health. (9.1) 'Commissioner' means the commissioner of community health. (10) 'Covered health care expenses' means all actual health care expenses incurred by the health plan with respect to fund beneficiaries. Actual health care expenses include claims incurred with respect to fund beneficiaries and providers and premiums incurred with respect to intermediary entities and health care providers by the health plan. (11) 'Department' means the Department of Community Health. (12) 'Eligible to participate' means employees of employers who are participating in the health plan and those employees of employers who qualify to participate in the health plan but choose not to do so. 1382 JOURNAL OF THE SENATE (13) 'Employer' means the State of Georgia; the departments, agencies, or institutions of the state; and any political subdivision of the state that employs persons who are eligible to participate in the health plan. (14) 'Fund' means the Georgia Retiree Health Benefit Fund established under this article. (15) 'Fund beneficiaries' means all persons receiving post-employment health care benefits as retirees or derivatively through retirees through the health plan. (16) 'Fund participants' means employees of an employer who are eligible to participate in the health plan. (17) 'Health plan' means the state employees' health insurance plan established under Article 1 of this chapter, the health insurance plan for public school teachers established under Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, and the health insurance plan for public school employees established under Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated. (18) 'Normal cost' means that portion of the actuarial present value of the fund obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the fund. (19) 'Obligations' means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries less any amounts received by or on behalf of fund beneficiaries. (20) 'Retirement plan' means any retirement or pension plan or any other plan or program which exists on July 1, 2006, or which is created or established on or after that date, and which is maintained by an employer or maintained pursuant to law or other authority of an employer for the purpose of paying retirement benefits to fund beneficiaries. The term shall also include any plan or program that creates a retired position, including, but not limited to, emeritus positions, which provides a salary for such position in lieu of a retirement benefit. The term shall also include a plan that provides for an individual account for each participant and for benefits determined solely upon the amounts contributed by the employer and the participant to the participant's account and any income, expenses, gains, and losses. (21) 'State plan for other post-employment benefits' means the State of Georgia fiscal funding plan for retiree post-employment health care benefits as it relates to Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (22) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes. 45-18-101. (a) There is created the Georgia Retiree Health Benefit Fund to provide for the costs of retiree post-employment health insurance benefits. The fund shall be a trust fund of MONDAY, MARCH 9, 2009 1383 public funds; the board in its official capacity shall be the fund's trustee; and the commissioner in his or her official capacity shall be its administrator. (b) The fund shall be available and dedicated without fiscal year limitations for covered health care expenses and administration costs. All employer and retiree contributions, appropriations, earnings, and reserves for the payment of obligations under this article shall be irrevocably credited to such fund. The amounts remaining in such fund, if any, after such health care expenses and administration costs have been paid shall be retained in such fund as a special reserve for covered health care expenses and administration costs. The board shall determine the time and amounts of distributions from the special reserve for covered health care expenses and administration costs. All assets of the fund excluding amounts identified in subsection (c) of this Code section shall be used solely for the payment of fund obligations and for no other purpose and shall be protected from creditors of the state and the employers. 45-18-102. (a) Responsibility for the proper operation of the fund is vested in the department. (b) The board shall adopt actuarial assumptions as it deems necessary and prudent. (c) Reserved. (d) The board may adopt any rules and regulations that it finds necessary to properly administer the fund. (e) The board shall adopt rules and regulations to account for employer contributions and other assets separately and by each pension plan separately. (f) The commissioner, as executive officer of the board, shall employ such personnel as may be needed to carry out the provisions of this article and such personnel shall be employees of the Department of Community Health. The pro rata share of the costs of operating the Department of Community Health in the manner prescribed by law shall be a part of the administrative costs of the fund. (g) The department may employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this article. (h) The department shall contract with the Division of Investment Services of the Teachers Retirement System of Georgia and the Employees' Retirement System of Georgia for any necessary services with respect to fund investments. (i) The department shall maintain all necessary records regarding the fund in accordance with generally accepted accounting principles, as applicable to the fund. (j) The department shall collect all moneys due to the fund and shall pay any administrative expenses necessary and appropriate for the operation of the fund from the fund. (k) The department shall prepare an annual report of fund activities for the board, the House Appropriations Committee, and the Senate Appropriations Committee. Such reports shall include, but not be limited to, audited financial statements. The reports shall contain the most recent information reasonably available to the department reflecting the obligations of the fund, earnings on investments, and such other information as the board deems necessary and appropriate. This report is due 1384 JOURNAL OF THE SENATE September 30 and shall reflect activity on a state fiscal year basis. (l) Notwithstanding any other provision of law to the contrary, the department shall be entitled to any information that it deems necessary and appropriate from a retirement system in order that the provisions of Code Section 45-18-103 may be carried out. 45-18-103. (a) The actuary employed or retained by the department shall provide technical advice to the department and to the board regarding the operation of the fund. (b) Utilizing the actuarial assumptions most recently adopted by the board, the actuary shall set annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the state plan for other post-employment benefits. 45-18-104. (a) Subject to the supervision of the board, the commissioner shall have control over the fund established by this chapter. The obligations provided for in this chapter and all administrative expenses shall be paid from the fund. The department may expend moneys from the fund for any purpose authorized by this chapter. (b) Subject to the supervision of the board, the commissioner shall have full power to invest and reinvest its assets, subject to all of the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 47, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the commissioner shall have full power to hold, purchase, sell, assign, transfer, and dispose of any securities and investments in which any of the moneys are invested, including the proceeds of any investments and other moneys belonging to the fund. (c) Except as otherwise provided in this chapter, no member of the board or employee of the department shall have any personal interest in the gains or profits from any investment made by the board or use the assets of the fund in any manner, directly or indirectly, except to make such payments as may be authorized by the board or by the commissioner as the executive officer of the board in accordance with this article. 45-18-105. (a) The board shall annually determine the minimum annual required contributions sufficient to maintain the fund in an actuarially sound manner in accordance with Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (b) In addition to the employer contributions required to be made to the fund for the health plan as determined from fiscal year to fiscal year under Part 6 of Article 17 of Chapter 2 of Title 20 and under Article 1 of this chapter, the board may annually establish employer contribution rates in accordance with the state plan for other post- MONDAY, MARCH 9, 2009 1385 employment benefits. (c) It shall be the responsibility of state agencies to make contributions to the fund, subject to appropriations, in accordance with the employer contribution rate established by the board. (d) It shall be the responsibility of all other employers to make contributions to the fund in accordance with the employer contribution rates established by the board in addition to the employer contributions required to be made to the fund for the health plan as determined from fiscal year to fiscal year under Part 6 of Article 17 of Chapter 2 of Title 20 and Article 1 of this chapter." SECTION 4. Section 3 of this Act shall become effective on September 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 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 1386 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Y Powell Y Ramsey Y Reed Y Wiles Williams (PRS) On the passage of the bill, the yeas were 52, nays 0. SB 122, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate 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 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II). The Speaker has appointed on the part of the House, Representatives Harbin of the 118th, Burkhalter of the 50th, and Keen of the 179th. The President resumed the Chair. The following Senators were excused for business outside the Senate Chamber: Goggans of the 7th Hamrick of the 30th SB 155. By Senators Pearson of the 51st, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 9, 2009 1387 The Senate Natural Resources and the Environment Committee offered the following substitute to SB 155: A BILL TO BE ENTITLED AN ACT To amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, is amended by revising subparagraph (b)(15)(A) as follows: "(15)(A) There is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except: (i) As provided by paragraph (16) of this subsection; (ii) Where the director determines to allow a variance that is at least as protective of natural resources and the environment; (iii) Where otherwise allowed by the director pursuant to Code Section 12-2-8; or (iv) Where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; or (v) Along any ephemeral stream. As used in this division, the term 'ephemeral stream' means a stream: (I) That under normal circumstances has water flowing only during and for a short duration after precipitation events; (II) That has the channel located above the ground-water table year round; (III) For which ground water is not a source of water; and (IV) For which runoff from rainfall is the primary source of water flow. provided, however, that buffers Unless exempted under division (v) of this subparagraph, buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 1388 JOURNAL OF THE SENATE Senators Stoner of the 6th and Harp of the 29th offered the following amendment #1 to the committee substitute: Amend the Senate Natural Resources and the Environment Committee substitute to SB 155 (LC 25 5500S) by replacing "primary" with "sole" on line 28. On the adoption of the amendment, the President called for unanimous consent. Senator Pearson of the 51st objected. On the adoption of the amendment, Senator Stoner of the 6th called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth E Chance Y Chapman Y Cowsert N Crosby N Douglas Y Fort E Goggans N Golden N Grant E Hamrick Y Harbison Y Harp N Hawkins N Heath E Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson,L Y Jackson,W N Johnson Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson N Powell Y Ramsey Y Reed N Rogers N Seabaugh Y Seay N Shafer Y Sims Y Smith N Staton Y Stoner N Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson N Unterman N Weber N Wiles N Williams On the adoption of the amendment, the yeas were 23, nays 29, and the Stoner, Harp amendment #1 to the committee substitute 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: MONDAY, MARCH 9, 2009 1389 N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler N Butterworth E Chance Y Chapman Y Cowsert Y Crosby N Douglas N Fort E Goggans Y Golden Y Grant E Hamrick N Harbison N Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton N Stoner Y Tarver N Tate Y Thomas 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 35, nays 17. SB 155, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II). Senator Hill of the 4th asked unanimous consent that the Senate adhere to its substitute to HB 118 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Hill of the 4th, Williams of the 19th and Rogers of the 21st. Senator Chapman of the 3rd was excused for business outside the Senate Chamber. The Calendar was resumed. 1390 JOURNAL OF THE SENATE SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Ethics Committee offered the following substitute to SB 168: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to change certain provisions regarding filing campaign disclosure reports and financial disclosure reports; to eliminate duplicate copy filing of certain disclosure reports with county election superintendents; to provide that electronic filing shall constitute an affirmation that a report is true, complete, and correct and that no written affirmation shall be required for electronic filings; 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 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by revising subparagraph (a)(1)(A) and the introductory language of subsection (e) of Code Section 21-5-34, 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 candidate's campaign committee shall file such candidate's reports with the commission and a copy of such report with the election superintendent of the county of such candidate's residence." "(e) Any person who makes contributions to, accepts contributions for, or makes MONDAY, MARCH 9, 2009 1391 expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons shall not be required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements:" SECTION 2. Said chapter is further amended in Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, by revising subsection (e) as follows: "(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the filer shall only submit to the commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed. The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct." SECTION 3. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates, by revising subsection (e) as follows: "(e) Where the financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are filed electronically, the public officer, as that term is defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, shall file a notarized affidavit certifying that the electronic filing is correct and no paper copy of the financial disclosure statement shall be required to be filed. The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct." SECTION 4. Said chapter is further amended by revising Code Section 21-5-51, relating to verification of financial disclosure statements, and Code Section 21-5-52, relating to mail filing of financial disclosure statements, as follows: "21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths, unless filed electronically in which case the electronic filing shall constitute an affirmation that the statement is true, complete, and correct. 1392 JOURNAL OF THE SENATE 21-5-52. (a) The mailing of the notarized financial disclosure affidavit by United States mail, with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie proof of filing when the disclosure statement is not filed electronically. (b) It shall be the duty of the commission or any other officer or body which receives for filing any document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due." 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 Buckner Y Bulloch Y Butler Y Butterworth E Chance E Chapman N Cowsert Y Crosby Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber MONDAY, MARCH 9, 2009 1393 E Hamrick Y Harbison Y Harp Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 50, nays 1. Y Wiles Y Williams SB 168, having received the requisite constitutional majority, was passed by substitute. SB 176. By Senators Heath of the 31st and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to provide that on and after July 1, 2010, any increase in the actuarial accrued unfunded liability to a public retirement system which occurs as a result of the enactment of legislation shall be fully funded in the year in which such legislation becomes effective; 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 December 4, 2008 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 176 (LC 21 9992) Dear Senator Heath: This bill would amend provisions relating to Public Retirement Systems Standards Law. If this bill is enacted, any increase in the actuarial accrued unfunded liability to a public 1394 JOURNAL OF THE SENATE retirement system which occurs as a result of the enactment of legislation shall be fully funded in the year in which such legislation becomes effective. If this legislation is enacted, this change would affect all legislation introduced on or after July 1, 2010. This is to certify that this bill 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 N Brown Y Buckner Y Bulloch Butler Y Butterworth E Chance E Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton N Stoner Y Tarver N Tate Y Thomas 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 41, nays 9. SB 176, having received the requisite constitutional majority, was passed. MONDAY, MARCH 9, 2009 1395 SB 177. By Senators Heath of the 31st and Murphy of the 27th: 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 appellate court judges who become members of the Employees' Retirement System of Georgia, persons who become members of the Georgia Legislative Retirement System, and persons who become members of the Georgia Judicial Retirement System on or after July 1, 2009, shall not be entitled to certain group term life insurance benefits; 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 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 Dear Senator Heath: January 6, 2009 SUBJECT: State Auditor's Certification Senate Bill 177 (LC 21 0004) This bill would amend provisions relating to retirement and pensions under the Employees' Retirement System, the Judicial Retirement System, and the Legislative Retirement System. Specifically, this bill would affect any person who becomes a member of the Employees' Retirement System as an appellate court judge, a member of the Judicial Retirement System, or a member of the Legislative Retirement System on or after July 1, 2009. If this legislation is enacted, such persons would no longer be eligible for the group term life insurance coverage provided by the respective retirement system. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. 1396 JOURNAL OF THE SENATE Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance E Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas 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 3. SB 177, having received the requisite constitutional majority, was passed. SB 193. By Senators Grant of the 25th, Williams of the 19th, Hill of the 4th, Golden of the 8th, Seay of the 34th and others: A BILL to be entitled an Act to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to authorize the Department of Corrections to consider certain offenders for participation in a transitional center or work release program during the offender's final year of incarceration, to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 9, 2009 1397 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 1. SB 193, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Gail Buckner District 44 313-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Government Oversight Interstate Cooperation State Institutions and Property Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM 1398 JOURNAL OF THE SENATE DATE: 9 March 2009 TO: Bob Ewing Secretary of the Senate FROM: Senator Gail Buckner, 44th On Monday, March 9, 2009, I wish to be recorded as voting "YES" on Senate Bill 193. Thank you. /s/ Gail Buckner District 44 Senator Heath of the 31st was excused for business outside the Senate Chamber. SB 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others: 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 a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; 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 Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Hawkins E Heath E Henson Y Hill,Jack Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas MONDAY, MARCH 9, 2009 1399 Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick N Harbison N Harp Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 2. SB 196, having received the requisite constitutional majority, was passed. Senator Reed of the 35th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. SB 213. By Senators Wiles of the 37th, Shafer of the 48th, Pearson of the 51st and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to specify manufacturer liability in certain cases; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S 1400 JOURNAL OF THE SENATE Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 213, having received the requisite constitutional majority, was passed. SR 12. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Tolleson of the 20th, Mullis of the 53rd and others: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the payment of rewards to the first person or firm or combination thereof which puts down and brings in the first commercial oil well in this state and to the first person or firm or combination thereof which puts down and brings in the first commercial natural gas well in this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Constitution of Georgia is amended in Article III, Section VI, Paragraph VI by revising subparagraph (b) as follows: "(b)(1) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983, shall continue in force and effect and may be amended if such amendments are consistent with the authority granted to the General Assembly by such provisions of said Constitution; provided, however, that the provisions of subparagraph (3) of said provision of the Constitution of 1976 shall be superseded by subparagraph (2) of this subparagraph. (2) The General Assembly may provide by general law for the payment of rewards to the first person or firm or combination thereof which puts down and brings in the first commercial oil well in this state and to the first person or firm or combination thereof which puts down and brings in the first commercial natural gas well in this state. The amount of any such rewards, the minimal amounts of daily production required to qualify as commercial wells, and the authority for determining whether such wells are producing such minimal amounts of daily production shall be as established by general law. Such law shall provide for the distribution of the amount of the reward between the persons or firms which drill or cause to be drilled said wells and the MONDAY, MARCH 9, 2009 1401 contractors who furnish such equipment, among such workers and employees actually engaged in the job, and to the mineral, gas, or property owners where the wells are drilled. Said law shall provide for the method of payments by the Governor." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by general law for the payment of rewards ( ) NO to the first person or firm or combination thereof which puts down and brings in the first commercial oil well in this state and to the first person or firm or combination thereof which puts down and brings in the first commercial natural gas well in this state?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Natural Resources and the Environment Committee offered the following substitute to SR 12: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the payment of rewards for the development and conservation of various energy resources in this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Constitution of Georgia is amended in Article III, Section VI, Paragraph VI by revising subparagraph (b) as follows: "(b)(1) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983, shall continue in force and effect and may be amended if such amendments are consistent with the authority granted to the General Assembly by such provisions of said Constitution; provided, however, that the provisions of subparagraph (3) of said provision of the Constitution of 1976 shall be superseded by subparagraph (2) of this subparagraph. (2)(A) The General Assembly may provide by general law for the payment of rewards to the first person or firm or combination thereof which puts down and brings in the first commercial oil well on land in this state, to the first person or firm 1402 JOURNAL OF THE SENATE or combination thereof which puts down and brings in the first commercial oil well off-shore in waters of the Atlantic Ocean within the jurisdiction of this state, to the first person or firm or combination thereof which puts down and brings in the first commercial natural gas well on land in this state, and to the first person or firm or combination thereof which puts down and brings in the first commercial natural gas well off-shore in waters of the Atlantic Ocean within the jurisdiction of this state. The amount of any such rewards, the minimal amounts of daily production required to qualify as commercial wells, and the authority for determining whether such wells are producing such minimal amounts of daily production shall be as established by general law. Such law shall provide for the distribution of the amount of the reward between the persons or firms which drill or cause to be drilled said wells and the contractors who furnish such equipment, among such workers and employees actually engaged in the job, and to the mineral, gas, or property owners where the wells are drilled. Said law shall provide for the method of payments by the Governor. (B) The General Assembly may provide by general law for the payment of a reward to a person or firm who develops in this state a method, system, or device for substantial and commercially viable energy production utilizing sources other than fossil fuels to produce such energy. The General Assembly may also provide by general law for the payment of a reward to a person or firm who develops in this state a method, system, or device for substantial and commercially viable energy conservation to reduce dependence on fossil fuels as a source of energy. The amount of any such rewards, the minimal amounts of energy production or conservation required to qualify as substantial, and the authority for determining whether the requirements for such an award have been met shall be as established by general law. Such law shall provide for the distribution of the amount of the reward between persons or firms who cause such method, system, or device to be developed and among the workers and employees actually engaged in the job. Such law shall provide for the method of payments by the Governor." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by general law for the payment of rewards ( ) NO for the development and conservation of various energy resources in this state?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. MONDAY, MARCH 9, 2009 1403 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 Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman N Cowsert Y Crosby Y Douglas N Fort N Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Sims N Smith Y Staton Y Stoner N Tarver Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson N Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 39, nays 12. SR 12, having received the requisite two-thirds constitutional majority, was adopted by substitute. SR 109. By Senators Tolleson of the 20th, Mullis of the 53rd, Balfour of the 9th, Pearson of the 51st and Stoner of the 6th: A RESOLUTION creating the Joint Study Committee on the Retrofit of Diesel Engines The Senate Natural Resources and the Environment Committee offered the following substitute to SR 109: 1404 JOURNAL OF THE SENATE A RESOLUTION Creating the Joint Study Committee on the Retrofit of Diesel Engines; and for other purposes. WHEREAS, a total of 27 full or partial counties in Georgia are classified by the United States Environmental Protection Agency (EPA) as "nonattainment areas" for not meeting the federal air quality standards for ground level ozone, particulate matter, or both, including 20 counties in metro Atlanta as well as areas surrounding Macon, Rome, and Chattanooga; and WHEREAS, additional areas around Georgia, including Athens-Clarke County, Augusta, and Columbus, are experiencing air quality levels above the national health standard limits; and WHEREAS, these areas are fast growing, could be adversely affected by continued growth, and ultimately could be designated as "nonattainment areas" in the near future; and WHEREAS, a designation of nonattainment could jeopardize economic development and additional growth in those areas; and WHEREAS, federal transportation funding could be jeopardized if those areas continue to exceed the federal air quality standards; and WHEREAS, diesel engines play an essential role in Georgia's economy through powering the majority of our port, rail, construction, and agriculture industries, as well as our emergency systems; and WHEREAS, the United States Environmental Protection Agency lists diesel particulate matter plus diesel exhaust organic gases as a mobile source air toxic; and WHEREAS, stringent federal emissions standards have been adopted for all new diesel engines; and WHEREAS, "legacy" diesel engines, which include those on-road engines built prior to 2007 and nonroad engines built prior to 2011, were manufactured under less stringent or nonexistent federal rules; and WHEREAS, by retrofitting "legacy" engines, emissions can immediately be reduced by 30 to 90 percent, depending on the type of retrofit applied and the size of the engine; and MONDAY, MARCH 9, 2009 1405 WHEREAS, retrofitting durable diesel engines provides long-lasting environmental and public health benefits, yet vehicle and equipment owners, the majority of which are small companies, could likely experience financial hardships in paying for the cost of retrofit equipment; and WHEREAS, federal funds are currently available for use in Georgia to address this problem through the Congestion Mitigation and Air Quality Fund (CMAQ) and the Diesel Emissions Reduction Act (DERA); and WHEREAS, additional outreach is needed to inform and educate fleet owners about the availability of existing funding and retrofit options available; and WHEREAS, federal funds are insufficient to retrofit the tens of thousands of diesel vehicles and pieces of equipment in the State of Georgia; and WHEREAS, additional incentives and funding from the federal government are needed to encourage retrofitting of "legacy" diesel engines by vehicle and equipment owners, public and private; and WHEREAS, federal funding for an inventory of diesel engines is needed to gauge the extent and complexity of this issue and how best to address it; and WHEREAS, education and outreach on the air quality benefits to be attained by retrofitting "legacy" engines and equipment is needed for fleet owners of diesel powered vehicles and equipment. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on the Retrofit of Diesel Engines, to be composed of 26 members as follows: (1) Five members of the House of Representatives, including the chairperson of the House Committee on Natural Resources and Environment and four members to be appointed by the Speaker of the House from among the membership of the House Committee on Appropriations, the House Committee on Transportation, and the House Committee on Natural Resources and Environment; (2) Five members of the Senate, including the chairperson of the Senate Natural Resources and the Environment Committee and four members to be appointed by the President of the Senate from among the membership of the Senate Appropriations Committee, the Senate Transportation Committee, and the Senate Natural Resources and the Environment Committee; and (3) Sixteen persons who are not members of the General Assembly, to be appointed by mutual agreement of the Speaker of the House and the President of the Senate, including one person from each of the following groups: (A) Southern Alliance for Clean Energy; 1406 JOURNAL OF THE SENATE (B) Mothers & Others for Clean Air at the Georgia Conservancy; (C) American Lung Association, Southeast Region; (D) Georgia Conservation Voters; (E) Clean Energy Strategies, LLC; (F) Clean Air Task Force; (G) Diesel Technology Forum; (H) Engine Manufacturers Association; (I) Georgia Equipment Distributors Association; (J) Georgia Highway Contractors Association; (K) Georgia Chamber of Commerce; (L) Georgia Construction Aggregators Association; (M) Georgia Railroad Association; (N) Georgia Farm Bureau; (O) Georgia Forestry Association; and (P) Georgia Mining Association. The chairperson of the House Committee on Natural Resources and Environment and the chairperson of the Senate Natural Resources and the Environment Committee shall serve as cochairs of the study committee. The committee shall meet upon the call of either cochairperson. BE IT FURTHER RESOLVED that the committee shall: (1) Study the air quality benefits to be derived from the retrofit of diesel engines, with emphasis on the reduction of particulate matter; (2) Evaluate various incentives that will encourage diesel engine owners to retrofit their engines and investigate the availability of funding for grants and other funding sources that might be made available to diesel engine owners for this purpose; (3) Investigate the potential need for other approaches to reduce diesel exhaust; and (4) After providing notice, a hearing, and the opportunity for comment from the public, including interested citizens, air quality experts, diesel powered vehicle and equipment owners, and industry specialists, recommend any administrative action or legislation that the committee deems necessary or appropriate to encourage retrofitting and upgrading of in-use diesel engines. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. No allowance shall be paid to other members of the committee. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. The committee shall submit a report of its findings and recommendations no later than December 1, 2009. The committee shall stand abolished on December 31, 2009. MONDAY, MARCH 9, 2009 1407 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 N Brown Y Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 50, nays 1. SR 109, having received the requisite constitutional majority, was adopted by substitute. The following Senators were excused for business outside the Senate Chamber: Ramsey of the 43rd Seabaugh of the 28th SR 152. By Senator Weber of the 40th: A RESOLUTION urging the Governor to appoint a working group to study the establishment of "Governor's Academies"; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. 1408 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 49, nays 1. SR 152, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: Senator Ed Tarver District 22 313-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Banking and Financial Institutions Economic Development Government Oversight Special Judiciary The State Senate Atlanta, Georgia 30334 DATE: TO: MEMORANDUM 9 March 2009 Bob Ewing Secretary of the Senate MONDAY, MARCH 9, 2009 1409 FROM: Senator Ed Tarver, 22nd On Monday, March 9, 2009, I wish for my "NO" vote on Senate Resolution 152 to be changed and recorded as a "YES" vote. Thank you. /s/ Ed Tarver District 22 SR 153. By Senators Weber of the 40th, Adelman of the 42nd, Williams of the 19th and Thompson of the 5th: 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 for the provision of facilities for one or more public or special schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII of the Constitution is amended by adding a new section to read as follows: "SECTION VIII. EDUCATION IMPROVEMENT DISTRICTS Paragraph I. Creation. The General Assembly may by local law create one or more education improvement districts to provide for facilities for of one or more schools as provided in this section. Paragraph II. Purposes. The purpose of an education improvement district shall be the provision of facilities for one or more public schools established by a board of education under Article VIII, Section V, Paragraph I of this Constitution or one or more special schools established under Article VIII, Section V, Paragraph VII of this Constitution or a combination of such public schools and special schools. Facilities may include construction of new school facilities, capital improvements to existing school facilities, or leasing of school facilities or a combination thereof. Paragraph III. Administration. (a) Any education improvement district shall be composed of a single, contiguous geographical area containing at least 500 acres and containing a population of at least 2,000 persons and may include portions of one or more school systems. 1410 JOURNAL OF THE SENATE (b) Any local law creating an education improvement district shall provide for the establishment and membership of an administrative body for the education improvement district. Such membership shall include representation from each local board of education included within the education improvement district, if one or more public schools are to be benefitted, and representation from the governing board of each special school if such special school is to be benefitted. (c) Any local law creating an education improvement district shall provide for the duration of such district. Such local law shall also include provisions which address occurrences such as closure and sale of a facility provided for under the district. (d) Any local law creating an education improvement district shall be signed by every member of the House of Representatives and the Senate whose districts are wholly or partially located within the education improvement district and shall be conditioned upon: (1) The adoption of a resolution consenting to the creation of the education improvement district by: (A) Each local board of education which is included within the education improvement district if such district is to be established for the benefit of one or more public schools of the local board of education; and (B) The governing board of each special school which is included within the education improvement district if such district is to be established for the benefit of any such special school; and (2) Approval by a majority of the qualified electors residing within the limits of the education improvement district voting in a referendum thereon. Such referendum shall identify the tax rate to be levied, the specific facility or facilities for which the ad valorem taxes collected under subparagraph (e) of this Paragraph will be used, and the estimated costs relating to the facility or facilities. Any referendum held pursuant to this subparagraph shall be conducted only on the Tuesday after the first Monday in November in odd-numbered years or on the date of the presidential preference primary, general primary, or general election in even-numbered years. (e) The administrative body of each education improvement district may be authorized to levy ad valorem taxes within the education improvement district only on real property and specifically excluding tangible personal property and intangible property. The tax rate charged by the education improvement district may not exceed the rate specified in the referendum. Any such ad valorem tax shall not apply to the homestead property of any person residing within the education improvement district who is 65 years of age or older. Any such tax shall be collected by the county or counties in which the education improvement district is located in the same manner as ad valorem taxes levied by such county or counties. The proceeds of such taxes so levied, less such fee to cover the costs of collection as may be specified by law, shall be transmitted by the collecting county or counties to the administrative body of the education improvement district and shall be expended by such administrative body for the purpose authorized by this section. The administrative body of the education improvement district may not use such ad valorem taxes to fund any facility other than MONDAY, MARCH 9, 2009 1411 the specific facility or facilities specified in the referendum. In the event that actual costs for the facility or facilities are less than the estimated costs presented in the referendum, the local law may provide for lowering of the tax, ceasing to collect such tax at an earlier date, refunds to taxpayers, or any other appropriate mechanism. Paragraph IV. Solicitation of contributions. The administrative body of an education improvement district may accept bequests, donations, grants and transfers of land, buildings, and other property from individuals, private entities, counties, local boards of education, municipalities, the State Board of Education, the Board of Regents, or the State of Georgia. Paragraph V. Debt. The administrative body of an education improvement district may incur debt, as authorized by law, without regard to the requirements of Article IX, Section V of this Constitution, which debt shall be backed by the full faith, credit, and taxing power of the education improvement district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the education improvement district. Paragraph VI. Cooperation with local governments. The facilities provided pursuant to this section shall be provided for in a cooperative agreement executed jointly by the administrative body and one or more local boards of education or, in the case of a special school or special schools, the governing body or bodies thereof. The provisions of this section shall in no way limit the authority of any local board of education or governing body of a special school to provide facilities within any education improvement district. Such cooperative agreements may include, but specifically not be limited to, the transfer of all or a portion of the right, title, interest, and ownership of new facilities or existing facilities or the leasing of such facilities to the local board of education, the governing body of a special school, or the state, as appropriate. Paragraph VII. Regulation by general law. The General Assembly by general law may regulate, restrict, and limit the creation of education improvement districts and the exercise of the powers of administrative bodies of education improvement districts." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by local law for the creation and ( ) NO comprehensive regulation of education improvement districts for the provision of facilities for one or more public or special schools?" 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. 1412 JOURNAL OF THE SENATE The Senate Education and Youth Committee offered the following substitute to SR 153: 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 for the provision of facilities for one or more public or special schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII of the Constitution is amended by adding a new section to read as follows: "SECTION VIII. EDUCATION IMPROVEMENT DISTRICTS Paragraph I. Creation. The General Assembly may by local law create one or more education improvement districts to provide for facilities for of one or more schools as provided in this section. Paragraph II. Purposes. The purpose of an education improvement district shall be the provision of facilities for one or more public schools established by a board of education under Article VIII, Section V, Paragraph I of this Constitution or one or more special schools established under Article VIII, Section V, Paragraph VII of this Constitution or a combination of such public schools and special schools. Facilities may include construction of new school facilities, capital improvements to existing school facilities, or leasing of school facilities or a combination thereof. Facilities may also include pre-kindergarten programs within a public school or special school. Paragraph III. Administration. (a) Any education improvement district shall be composed of a single, contiguous geographical area containing at least 500 acres and containing a population of at least 2,000 persons and may include portions of one or more school systems. (b) Any local law creating an education improvement district shall provide for the establishment and membership of an administrative body for the education improvement district. Such membership shall include representation from each local board of education included within the education improvement district, if one or more public schools are to be benefitted, and representation from the governing board of each special school if such special school is to be benefitted. (c) Any local law creating an education improvement district shall provide for the duration of such district. Such local law shall also include provisions which address occurrences such as closure and sale of a facility provided for under the district. (d) Any local law creating an education improvement district shall be signed by every MONDAY, MARCH 9, 2009 1413 member of the House of Representatives and the Senate whose districts are wholly or partially located within the education improvement district and shall be conditioned upon: (1) The adoption of a resolution consenting to the creation of the education improvement district by: (A) Each local board of education which is included within the education improvement district if such district is to be established for the benefit of one or more public schools of the local board of education; and (B) The governing board of each special school which is included within the education improvement district if such district is to be established for the benefit of any such special school; and (2) Approval by a majority of the qualified electors residing within the limits of the education improvement district voting in a referendum thereon. Such referendum shall identify the tax rate to be levied, the specific facility or facilities for which the ad valorem taxes collected under subparagraph (e) of this Paragraph will be used, and the estimated costs relating to the facility or facilities. Any referendum held pursuant to this subparagraph shall be conducted only on the Tuesday after the first Monday in November in odd-numbered years or on the date of the presidential preference primary, general primary, or general election in even-numbered years. (e) The administrative body of each education improvement district may be authorized to levy ad valorem taxes within the education improvement district only on real property and specifically excluding tangible personal property and intangible property. The tax rate charged by the education improvement district may not exceed the rate specified in the referendum. Any such ad valorem tax shall not apply to the homestead property of any person residing within the education improvement district who is 65 years of age or older. Any such tax shall be collected by the county or counties in which the education improvement district is located in the same manner as ad valorem taxes levied by such county or counties. The proceeds of such taxes so levied, less such fee to cover the costs of collection as may be specified by law, shall be transmitted by the collecting county or counties to the administrative body of the education improvement district and shall be expended by such administrative body for the purpose authorized by this section. The administrative body of the education improvement district may not use such ad valorem taxes to fund any facility other than the specific facility or facilities specified in the referendum. In the event that actual costs for the facility or facilities are less than the estimated costs presented in the referendum, the local law may provide for lowering of the tax, ceasing to collect such tax at an earlier date, refunds to taxpayers, or any other appropriate mechanism. Paragraph IV. Solicitation of contributions. The administrative body of an education improvement district may accept bequests, donations, grants and transfers of land, buildings, and other property from individuals, private entities, counties, local boards of education, municipalities, the State Board of Education, the Board of Regents, or the State of Georgia. Paragraph V. Debt. The administrative body of an education improvement district 1414 JOURNAL OF THE SENATE may incur debt, as authorized by law, without regard to the requirements of Article IX, Section V of this Constitution, which debt shall be backed by the full faith, credit, and taxing power of the education improvement district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the education improvement district. Paragraph VI. Cooperation with local governments. The facilities provided pursuant to this section shall be provided for in a cooperative agreement executed jointly by the administrative body and one or more local boards of education or, in the case of a special school or special schools, the governing body or bodies thereof. The provisions of this section shall in no way limit the authority of any local board of education or governing body of a special school to provide facilities within any education improvement district. Such cooperative agreements may include, but specifically not be limited to, the transfer of all or a portion of the right, title, interest, and ownership of new facilities or existing facilities or the leasing of such facilities to the local board of education, the governing body of a special school, or the state, as appropriate. Paragraph VII. Regulation by general law. The General Assembly by general law may regulate, restrict, and limit the creation of education improvement districts and the exercise of the powers of administrative bodies of education improvement districts." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by local law for the creation and ( ) NO comprehensive regulation of education improvement districts for the provision of facilities for one or more public or special schools?" 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: MONDAY, MARCH 9, 2009 1415 Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas 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,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 1. SR 153, having received the requisite two-thirds constitutional majority, was adopted by substitute. SR 173. By Senators Jackson of the 2nd and Sims of the 12th: A RESOLUTION urging the Board of Regents of the University System of Georgia to establish and offer a teacher education program at each of its universities offering four-year degree programs; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens N Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton 1416 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Stoner Y Tarver Y Tate Y Thomas 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 52, nays 1. SR 173, having received the requisite constitutional majority, was adopted. SR 333. By Senators Powell of the 23rd, Tolleson of the 20th, Tarver of the 22nd, Jackson of the 24th, Hudgens of the 47th and others: A RESOLUTION honoring the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans Y Hawkins Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson MONDAY, MARCH 9, 2009 1417 Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Unterman Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 51, nays 0. SR 333, having received the requisite constitutional majority, was adopted. Serving as doctor of the day was Dr. Steven Muller. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, March 10, 2009. The motion prevailed, and the President announced the Senate adjourned at 5:11 p.m. 1418 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 10, 2009 Twenty-ninth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 160. By Representatives Cole of the 125th, Neal of the 1st, Pruett of the 144th, Hanner of the 148th and Talton of the 145th: A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to fees to be paid to the Department of Driver Services; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to increase the fees paid to the Department of Driver Services for reinstatement or restoration of suspended or revoked drivers' licenses; to amend Article 9 of Chapter 6 of Title 40 of the O.C.G.A., relating to speed restrictions, so as to specify that instruments charging violations of speed regulations shall state whether the violation occurred on a two-lane road or highway; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 195. By Representatives Williams of the 178th, Ramsey of the 72nd, Levitas of the 82nd, Maddox of the 127th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide that members of an electric membership corporation shall be qualified to serve as a juror or grand juror in cases in which the electric TUESDAY, MARCH 10, 2009 1419 HB 227. HB 306. HB 318. HB 333. membership corporation is a party or is interested; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dempsey of the 13th, Keen of the 179th, Sims of the 119th, Carter of the 175th, Willard of the 49th 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 primaries and elections generally, so as to provide for the confidentiality of the addresses of certain registered voters; to provide for the manner of invoking such confidentiality; to provide for the terms and conditions of such confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Walker of the 107th, Ralston of the 7th and Reese of the 98th: A BILL to be entitled an Act to amend Chapter 6 of the Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide legislative findings and intent; to provide for a program of electronic pretrial release and monitoring of criminal defendants; to provide the standards, terms, and conditions for such program; to provide for penalties for violating the terms of such program; to provide for fees for such monitoring; to provide for the payment of such fees by the sheriff under certain circumstances; to provide for the revocation of participation in such program under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives McCall of the 30th and Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Knight of the 126th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Building Authority, so as to exempt the authority from certain sales and use tax; to provide for related matters; to repeal conflicting laws; and for other purposes. 1420 JOURNAL OF THE SENATE HB 368. HB 385. HB 400. HB 452. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 159th, Harden of the 147th and Parham of the 141st: 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 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. By Representatives Hill of the 180th, Manning of the 32nd, Sims of the 119th, Dempsey of the 13th, Parham of the 141st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to State Commission on Family Violence, so as to repeal the date on which the commission shall cease to exist; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Millar of the 79th, Lindsey of the 54th, Pruett of the 144th, Amerson of the 9th and Ashe of the 56th: 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 enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to develop programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for definitions; to provide for the development of focused programs of study; to provide for model programs for students at risk of dropping out of high school; to train school counselors and graduation coaches to provide for educational counseling and career awareness programs for students; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Buckner of the 130th, Meadows of the 5th, Maxwell of the 17th and Gardner of the 57th: 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 a statement of legislative intent; to provide that certain members of the Employees' Retirement System of Georgia, Public School Employees Retirement System, Georgia Legislative Retirement System, and Georgia Judicial Retirement System shall not be eligible to receive any TUESDAY, MARCH 10, 2009 1421 HB 487. HB 488. HB 624. HB 626. HB 628. postretirement benefit adjustment; to repeal conflicting laws; and for other purposes. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines and fees; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to provide eligibility criteria for creditable service; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Scott of the 153rd: A BILL to be entitled an Act to authorize the governing authority of the City of Ashburn to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to authorize the governing authority of Dawson County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Lane of the 167th, Hill of the 180th and Keen of the 179th: A BILL to be entitled an Act to amend an Act creating the BrunswickGlynn County Joint Water and Sewer Commission, approved April 19, 1422 JOURNAL OF THE SENATE 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for ante litem notice; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 629. By Representative Day of the 163rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as to provide for four-year, staggered terms of office for the mayor and councilmembers; to provide for a referendum; 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 630. By Representative Anderson of the 117th: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Harlem, approved May 12, 2008 (Ga. L. 2008, p. 3654), so as to provide for a quorum; to provide that the mayor may be counted in the determination of a quorum; to provide for the vote of the mayor on matters before the city council; to provide for a veto by the mayor; to provide procedures for a veto and for overriding such veto; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 632. HB 635. By Representatives Collins of the 27th, Allison of the 8th and Austin of the 10th: A BILL to be entitled an Act to authorize the governing authority of White County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Setzler of the 35th, Cooper of the 41st, Dollar of the 45th, Parsons of the 42nd, Johnson of the 37th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 10, 2009 1423 HB 637. HB 638. HB 642. HB 643. By Representative Jackson of the 142nd: A BILL to be entitled an Act to create the Jefferson County Utilities Authority; to provide a short title; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing sources of water supply, the treatment, distribution, and sale of water and related facilities, the collection, treatment and disposal of sewage waste and related facilities and the sale of sewage treatment services, the collection, treatment, distribution, and disposal of stormwater and related facilities, the purchase, distribution, and sale of natural gas, the purchase, distribution, and sale of cable television services, the purchase, distribution, and sale of public telecommunication services, the purchase, distribution, and sale of wireless telecommunication services, and the purchase, distribution, and sale of Internet services and other electronic services; to provide for other related matters; to repeal conflicting laws; and for other purposes. By Representative Allison of the 8th: A BILL to be entitled an Act to authorize the governing authority of the City of Helen to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Smith of the 129th and Buckner of the 130th: A BILL to be entitled an Act to authorize the governing authority of the City of Columbus, Georgia, to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Smith of the 131st and Buckner of the 130th: A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to provide for certain meeting requirements for the Council of such county-wide government; to provide for related matters; to repeal conflicting laws; and for other purposes. 1424 JOURNAL OF THE SENATE HB 652. HB 653. HB 654. HB 678. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th: A BILL to be entitled an Act to amend an Act creating the Douglas Judicial Circuit, approved March 20, 1080 (Ga. L. 1980, p. 563), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 412), so as to change the amount of the annual supplement paid to the superior court judges from funds of Douglas County; to authorize the governing authority to increase such amount; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th: A BILL to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, p. 3768), so as to change the compensation of the coroner; to set the compensation of deputy coroners; to provide for the board to increase the compensation of the coroner and any deputy coroners; to provide for approval of contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes. 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), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3847), so as to temporarily delay the addition of a second 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 the compensation and expenses of said additional judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Buckner of the 130th, Cheokas of the 134th and James of the 135th: A BILL to be entitled an Act to create a board of elections and registration for Talbot County and to provide for its powers and duties; to provide for TUESDAY, MARCH 10, 2009 1425 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 a registrar and the powers and duties thereof; to provide for certain expenditures of public funds; 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 House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 504. By Senators Orrock of the 36th, Reed of the 35th, Jones of the 10th, Tate of the 38th, Fort of the 39th and others: A RESOLUTION recognizing and commending Ebenezer Baptist Church in Atlanta, Georgia; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 256. By Senator Grant of the 25th: A BILL to be entitled an Act to authorize the governing authority of the City of Milledgeville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 257. By Senator Balfour of the 9th: 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 an election to participate in the Regents Retirement Plan in lieu of the Teachers Retirement System of Georgia shall be revocable at will; to provide that persons who elected such participation may elect to participate in the Teachers Retirement System of Georgia; to provide for creditable service; to provide for application and transfer 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. 1426 JOURNAL OF THE SENATE SB 258. By Senator Balfour of the 9th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Snellville, approved April 28, 2001 (Ga. L. 2001, p. 4566), as amended, so as to change provisions relating to voting powers of the mayor; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 259. By Senator Unterman of the 45th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide that the University System of Georgia may employ a retired member of such retirement system as a full-time instructor at a nursing school; to provide that a retired member of such retirement system may return to full-time employment as a teacher at a nursing school and retain his or her retirement benefits; to provide for conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 260. By Senators Ramsey, Sr. of the 43rd, Buckner of the 44th, Brown of the 26th and Butler of the 55th: 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 any fulltime public school employee may elect to become a member of the Teachers Retirement System of Georgia; to define certain terms; to provide that a local school system may elect to participate; to provide for employee and employer contributions; to provide for creditable service for certain prior service; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SR 520. By Senator Adelman of the 42nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that all records and meetings of any governmental body, political subdivision TUESDAY, MARCH 10, 2009 1427 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 Government Oversight Committee. SR 522. By Senators Jackson of the 24th, Butterworth of the 50th, Williams of the 19th, Tarver of the 22nd, Hudgens of the 47th and others: A RESOLUTION creating the Senate Comprehensive Development Impact Fee Study Committee; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SR 563. By Senators Thompson of the 33rd, Stoner of the 6th, Wiles of the 37th, Rogers of the 21st and Hill of the 32nd: A RESOLUTION creating the Senate Study Committee on Drug Courts and Addictive Drugs; and for other purposes. Referred to the Judiciary Committee. SR 566. By Senators Balfour of the 9th and Johnson of the 1st: A RESOLUTION urging the United States Congress to adopt the Fair Tax Act; and for other purposes. Referred to the Rules Committee. SR 567. By Senator Seabaugh of the 28th: A RESOLUTION celebrating the life and service of Jeffrey Steven Blanton and dedicating a highway in his memory; and for other purposes. Referred to the Transportation Committee. SR 570. By Senators Orrock of the 36th, Reed of the 35th, Brown of the 26th, Butler of the 55th, Tate of the 38th and others: A RESOLUTION expressing support for comprehensive immigration reform and requesting that the United States Congress reject any legislative efforts to enact unfair and ineffective immigration policies; and for other purposes. Referred to the Public Safety Committee. 1428 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 160. By Representatives Cole of the 125th, Neal of the 1st, Pruett of the 144th, Hanner of the 148th and Talton of the 145th: A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to fees to be paid to the Department of Driver Services; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to increase the fees paid to the Department of Driver Services for reinstatement or restoration of suspended or revoked drivers' licenses; to amend Article 9 of Chapter 6 of Title 40 of the O.C.G.A., relating to speed restrictions, so as to specify that instruments charging violations of speed regulations shall state whether the violation occurred on a two-lane road or highway; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 195. By Representatives Williams of the 178th, Ramsey of the 72nd, Levitas of the 82nd, Maddox of the 127th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide that members of an electric membership corporation shall be qualified to serve as a juror or grand juror in cases in which the electric membership corporation is a party or is interested; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 227. By Representatives Dempsey of the 13th, Keen of the 179th, Sims of the 119th, Carter of the 175th, Willard of the 49th 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 primaries and elections generally, so as to provide for the confidentiality of the addresses of certain registered voters; to provide for the manner of invoking such confidentiality; to provide for the terms and conditions of such confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. TUESDAY, MARCH 10, 2009 1429 HB 306. By Representatives Walker of the 107th, Ralston of the 7th and Reese of the 98th: A BILL to be entitled an Act to amend Chapter 6 of the Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide legislative findings and intent; to provide for a program of electronic pretrial release and monitoring of criminal defendants; to provide the standards, terms, and conditions for such program; to provide for penalties for violating the terms of such program; to provide for fees for such monitoring; to provide for the payment of such fees by the sheriff under certain circumstances; to provide for the revocation of participation in such program under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 318. By Representatives McCall of the 30th and Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 333. By Representative Knight of the 126th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Building Authority, so as to exempt the authority from certain sales and use tax; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 368. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 159th, Harden of the 147th and Parham of the 141st: 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 II, III, and IV controlled substances; to 1430 JOURNAL OF THE SENATE 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 Health and Human Services Committee. HB 385. By Representatives Hill of the 180th, Manning of the 32nd, Sims of the 119th, Dempsey of the 13th, Parham of the 141st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to State Commission on Family Violence, so as to repeal the date on which the commission shall cease to exist; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 400. By Representatives Millar of the 79th, Lindsey of the 54th, Pruett of the 144th, Amerson of the 9th and Ashe of the 56th: 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 enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to develop programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for definitions; to provide for the development of focused programs of study; to provide for model programs for students at risk of dropping out of high school; to train school counselors and graduation coaches to provide for educational counseling and career awareness programs for students; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 452. By Representatives Buckner of the 130th, Meadows of the 5th, Maxwell of the 17th and Gardner of the 57th: 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 a statement of legislative intent; to provide that certain members of the Employees' Retirement System of Georgia, Public School Employees Retirement System, Georgia Legislative Retirement System, and Georgia Judicial Retirement System shall not be eligible to receive any postretirement benefit adjustment; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. TUESDAY, MARCH 10, 2009 1431 HB 487. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines and fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 488. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to provide eligibility criteria for creditable service; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 624. By Representative Scott of the 153rd: A BILL to be entitled an Act to authorize the governing authority of the City of Ashburn to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 626. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to authorize the governing authority of Dawson County to levy an excise tax pursuant to subsection (b) of Code Section 48-1351 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 628. By Representatives Lane of the 167th, Hill of the 180th and Keen of the 179th: A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 1432 JOURNAL OF THE SENATE 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for ante litem notice; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 629. By Representative Day of the 163rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as to provide for four-year, staggered terms of office for the mayor and councilmembers; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 630. By Representative Anderson of the 117th: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Harlem, approved May 12, 2008 (Ga. L. 2008, p. 3654), so as to provide for a quorum; to provide that the mayor may be counted in the determination of a quorum; to provide for the vote of the mayor on matters before the city council; to provide for a veto by the mayor; to provide procedures for a veto and for overriding such veto; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 632. By Representatives Collins of the 27th, Allison of the 8th and Austin of the 10th: A BILL to be entitled an Act to authorize the governing authority of White County to levy an excise tax pursuant to subsection (b) of Code Section 48-1351 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 635. By Representatives Setzler of the 35th, Cooper of the 41st, Dollar of the 45th, Parsons of the 42nd, Johnson of the 37th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as TUESDAY, MARCH 10, 2009 1433 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 637. By Representative Jackson of the 142nd: A BILL to be entitled an Act to create the Jefferson County Utilities Authority; to provide a short title; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing sources of water supply, the treatment, distribution, and sale of water and related facilities, the collection, treatment and disposal of sewage waste and related facilities and the sale of sewage treatment services, the collection, treatment, distribution, and disposal of stormwater and related facilities, the purchase, distribution, and sale of natural gas, the purchase, distribution, and sale of cable television services, the purchase, distribution, and sale of public telecommunication services, the purchase, distribution, and sale of wireless telecommunication services, and the purchase, distribution, and sale of Internet services and other electronic services; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 638. By Representative Allison of the 8th: A BILL to be entitled an Act to authorize the governing authority of the City of Helen to levy an excise tax pursuant to subsection (b) of Code Section 48-1351 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 642. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Smith of the 129th and Buckner of the 130th: A BILL to be entitled an Act to authorize the governing authority of the City of Columbus, Georgia, to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1434 JOURNAL OF THE SENATE HB 643. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Smith of the 131st and Buckner of the 130th: A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to provide for certain meeting requirements for the Council of such county-wide government; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 652. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th: A BILL to be entitled an Act to amend an Act creating the Douglas Judicial Circuit, approved March 20, 1080 (Ga. L. 1980, p. 563), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 412), so as to change the amount of the annual supplement paid to the superior court judges from funds of Douglas County; to authorize the governing authority to increase such amount; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 653. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th: A BILL to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, p. 3768), so as to change the compensation of the coroner; to set the compensation of deputy coroners; to provide for the board to increase the compensation of the coroner and any deputy coroners; to provide for approval of contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 654. 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), as amended, TUESDAY, MARCH 10, 2009 1435 particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3847), so as to temporarily delay the addition of a second 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 the compensation and expenses of said additional judge; 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 678. By Representatives Buckner of the 130th, Cheokas of the 134th and James of the 135th: A BILL to be entitled an Act to create a board of elections and registration for Talbot 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 a registrar and the powers and duties thereof; to provide for certain expenditures of public funds; 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 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 246 Do Pass Respectfully submitted, Senator Smith of the 52nd District, Chairman Senator Balfour of the 9th moved to suspend Senate Rule 4-2.6 for the purpose of reading SB 246 for the second time. On the motion, there was no objection and Senate Rule 4-2.6 was suspended. 1436 JOURNAL OF THE SENATE The following legislation was read the second time: HB 436 SB 11 SB 36 SB 109 SB 130 SB 169 SB 172 SB 173 SB 222 SB 225 SB 237 SB 240 SB 243 SB 244 SB 246 SB 249 SB 250 SB 252 SB 253 SR 274 SR 331 SR 406 SR 456 SR 506 Senator Thompson of the 33rd was excused for business outside the Senate Chamber. Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Unterman Wiles Not answering were Senators: Buckner Thompson, S. (Excused) Fort Weber Reed (Excused) Williams Senator Fort was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag. Senator Butterworth of the 50th introduced the chaplain of the day, Dr. Phil Griffin of Cleveland, Tennessee, who offered scripture reading and prayer. TUESDAY, MARCH 10, 2009 1437 The following resolutions were read and adopted: SR 521. By Senators Unterman of the 45th, Balfour of the 9th, Smith of the 52nd, Thomas of the 54th, Grant of the 25th and others: A RESOLUTION recognizing and commending Dr. Mitchell Todd Williamson; and for other purposes. SR 523. By Senator Hill of the 32nd: A RESOLUTION commending Ge Andy Zhang, Walton High School's 2009 STAR Student; and for other purposes. SR 524. By Senator Hill of the 32nd: A RESOLUTION commending Chelsea Stowell, North Springs High School's 2009 STAR Student; and for other purposes. SR 525. By Senator Hill of the 32nd: A RESOLUTION commending Rebecca Cassady, Sprayberry High School's 2009 STAR Student; and for other purposes. SR 526. By Senator Hill of the 32nd: A RESOLUTION commending Miles Edwards, Lassiter High School's 2009 STAR Student; and for other purposes. SR 527. By Senator Hill of the 32nd: A RESOLUTION commending Annie Wang, Walton High School's 2009 STAR Student; and for other purposes. SR 528. By Senator Hill of the 32nd: A RESOLUTION commending Liya Lomsadze, Riverwood High School's 2009 STAR Student; and for other purposes. SR 529. By Senator Hill of the 32nd: A RESOLUTION commending Derek Ponticelli, Pope High School's 2009 STAR Student; and for other purposes. 1438 JOURNAL OF THE SENATE SR 530. By Senator Hill of the 32nd: A RESOLUTION honoring and celebrating the 95th birthday of Mrs. Dorothy Schmidt; and for other purposes. SR 531. By Senator Hill of the 32nd: A RESOLUTION commending Stephen Lui, Wheeler High School's 2009 STAR Student; and for other purposes. SR 532. By Senator Hill of the 32nd: A RESOLUTION expressing cultural, economic, and educational cooperation with the State of Israel; and for other purposes. SR 533. By Senators Mullis of the 53rd, Jackson of the 24th and Murphy of the 27th: A RESOLUTION recognizing Motorcycle Safety and Awareness Month; and for other purposes. SR 534. By Senator Harbison of the 15th: A RESOLUTION honoring the life and memory of Mrs. Regina Chester McHenry; and for other purposes. SR 535. By Senator Harbison of the 15th: A RESOLUTION recognizing Friday, September 18, 2009, as POW/MIA Recognition Day at the state capitol; and for other purposes. SR 536. By Senators Harbison of the 15th and Douglas of the 17th: A RESOLUTION recognizing and commending the Department of the Georgia Military Order of the Purple Heart (GAMOPH) and the Ladies Auxiliary of the Georgia Military Order of the Purple Heart (LAMOPH); and for other purposes. SR 537. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Dr. Robert L. Wright, Jr.; and for other purposes. TUESDAY, MARCH 10, 2009 1439 SR 538. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Arylessence, Inc.; and for other purposes. SR 539. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Patterson Services, Inc.; and for other purposes. SR 540. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating MetroAtlanta Ambulance Service; and for other purposes. SR 541. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Puckett EMS; and for other purposes. SR 542. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Jan-Pro Cleaning Systems; and for other purposes. SR 543. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating HLB Gross Collins, P.C.; and for other purposes. SR 544. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Preferred Jet Center; and for other purposes. SR 545. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating A Legendary Event; and for other purposes. 1440 JOURNAL OF THE SENATE SR 546. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Global Technology Connection, Inc.; and for other purposes. SR 547. By Senators Hill of the 32nd, Rogers of the 21st and Wiles of the 37th: A RESOLUTION congratulating Blue Sky Exhibits, LLC; and for other purposes. SR 548. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Topper Limousine, Inc.; and for other purposes. SR 549. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating BlueWave Computing, LLC; and for other purposes. SR 550. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating CIO Partners of Atlanta; and for other purposes. SR 551. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Sun Valley Beach; and for other purposes. SR 552. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Security 101; and for other purposes. SR 553. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating The Bottoms Group; and for other purposes. TUESDAY, MARCH 10, 2009 1441 SR 554. By Senators Hill of the 32nd, Rogers of the 21st and Wiles of the 37th: A RESOLUTION congratulating Exceptional Embroidery and Gifts; and for other purposes. SR 555. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Ezekiel IPM; and for other purposes. SR 556. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Fulfillment Strategies International; and for other purposes. SR 557. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Corporate Impressions, Inc.; and for other purposes. SR 558. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Zenith Design Group; and for other purposes. SR 559. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Albion Scaccia Enterprises, LLC; and for other purposes. SR 560. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Mopdog Creative + Strategy; and for other purposes. SR 561. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION congratulating Solar Velocity, LLC; and for other purposes. 1442 JOURNAL OF THE SENATE SR 562. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th and Thompson of the 33rd: A RESOLUTION recognizing and commending Foot Solutions, Inc.; and for other purposes. SR 564. By Senator Reed of the 35th: A RESOLUTION recognizing and commending Everybody Wins! Atlanta; and for other purposes. SR 565. By Senators Balfour of the 9th and Johnson of the 1st: A RESOLUTION recognizing March 12, 2009, as Catholic Day at the state capitol; and for other purposes. SR 568. By Senators Unterman of the 45th, Balfour of the 9th, Shafer of the 48th and Butler of the 55th: A RESOLUTION recognizing the Gwinnett Chapter of the American Association of Retired Persons; and for other purposes. SR 571. By Senators Chapman of the 3rd and Rogers of the 21st: A RESOLUTION recognizing and congratulating Ronald and Ann Fleury on the occasion of their 45th wedding anniversary; and for other purposes. Senator Weber of the 40th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR TUESDAY, MARCH 10, 2009 TWENTY-NINTH LEGISLATIVE DAY SB 25 Income Tax Returns; authorize taxpayers to make certain contributions; programs for the education of multiple sclerosis (Substitute)(FIN-34th) SB 44 Public Schools; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences (Substitute)(GvtO-20th) SB 57 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents (Substitute)(B&FI-30th) SB 64 SB 67 SB 82 SB 99 SB 108 SB 149 SB 153 SB 158 SB 170 SB 180 SB 184 SB 188 SB 199 TUESDAY, MARCH 10, 2009 1443 Detention; provide certain incarcerated persons shall be tested for HIV prior to discharge; notice; counseling (Substitute)(SI&P-35th) Drivers' Licenses; examinations shall be administered only in English language; provide for an exception (Substitute)(PUB SAF-27th) Secondary Metals Recyclers; transaction records; change provisions (Substitute)(RI&U-45th) Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair (Substitute)(NR&E-25th) Georgia Civil Practice Act; attorney's fees and costs; provide for recovery; motion to dismiss under certain circumstances; definitions (Substitute) (S JUDY-46th) Uniform Athlete Agents Act; regulation of athlete agents; terminate Georgia Athlete Agent Regulatory Commission; definitions (RI&U-48th) Rules of Road; provide for use of more than one parking place by persons with disabilities when all parking places are full (PUB SAF-41st) General Assembly; fiscal bills; requirements for fiscal notes regarding legislation; provide exceptions (Amendment)(APPROP-32nd) State Purchasing; prohibit certain companies that have certain business operations in Sudan to bid on/submit a proposal for state contract (GvtO-42nd) Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions (Substitute)(PUB SAF-46th) Contractor; service of notice of commencement; requirements; procedure for application of certain forms (Substitute)(JUDY-40th) Code Officials; provide for protection and training; definitions; criminal penalties (SLGO(G)-45th) Courts; required annual training for magistrates/probate judges; suspend for one year (Substitute)(S JUDY-37th) 1444 JOURNAL OF THE SENATE SB 201 Health; provide voluntary contributions through individual income tax returns for cancer research (H&HS-9th) SB 210 High School Program; include home schooled students; eligible to participate in the student honors programs (ED&Y-1st) SB 223 Women's Reproductive Health Legislative Oversight Committee; create (GvtO-45th) SB 226 Truth in Music Advertising Act; prohibition against the advertising/conducting of certain live musical performances (ECD-13th) SB 233 Health; require the board to administer examinations; respective scopes of practice for purposes of certifying emergency medical technicians (RI&U-6th) SB 238 Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Ga. (H ED-29th) SB 239 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days (Substitute) (ED&Y-43rd) SR 257 Alzheimer's Disease and Other Dementias Task Force; create (H&HS-54th) SR 277 Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations; transferred to state treasury for purpose of funding-CA (FIN-7th) SR 453 Georgia Tax Reform Commission of 2009; providing access to certain otherwise confidential Dept. of Revenue information (Substitute)(FIN-1st) 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 25. By Senators Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Butler of the 55th, Orrock of the 36th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 48 of the TUESDAY, MARCH 10, 2009 1445 Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process to programs for the education regarding and alleviation of multiple sclerosis; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 25: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process to programs for the education regarding and alleviation of multiple sclerosis; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, is amended by adding a new Code section to read as follows: "48-7-64. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2009, shall contain appropriate language, to be determined by the commissioner, offering the taxpayer the opportunity to contribute to programs for the education regarding and alleviation of multiple sclerosis by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of such programs and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the commission may designate such contribution as provided in this Code section on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the National Multiple Sclerosis Society Georgia Chapter." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 1446 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Thomas 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 25, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: TUESDAY, MARCH 10, 2009 1447 HB 344. By Representatives Davis of the 109th, Barnard of the 166th, Jerguson of the 22nd and Horne of the 71st: A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize the Department of Corrections to establish and collect additional fees for services rendered to a felony defendant sentenced to a day reporting center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 44. By Senators Tolleson of the 20th, Mullis of the 53rd, Rogers of the 21st, Hooks of the 14th, Harp of the 29th and others: A BILL to be entitled an Act to amend Titles 20 and 50 of the Official Code of Georgia Annotated, relating to education and state government, respectively, so as to provide purchasing preferences for Georgia products and sellers; to repeal conflicting laws; and for other purposes. The Senate Government Oversight Committee offered the following substitute to SB 44: A BILL TO BE ENTITLED AN ACT To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to provide contractual and purchasing preferences for certain supplies, materials, equipment, and agricultural products manufactured or produced in this state; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide contractual and purchasing preferences for certain supplies, materials, equipment, and agricultural products manufactured or produced in this state; 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 relative to government purchasing, so as to provide contractual and purchasing preferences for certain supplies, materials, equipment, and agricultural products manufactured or produced in this state; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 1448 JOURNAL OF THE SENATE SECTION 1. Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by revising Code Section 20-2500, relating to promulgation of rules and regulations by the State Board of Education for contracts or purchases over $100.00, as follows: "20-2-500. (a) The State Board of Education is authorized to promulgate rules and regulations to regulate contracts or purchases which involve the aggregate sum of $100.00 or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds. (b)(1) Such rules shall provide that such contracts for or purchases of supplies, materials, equipment, or agricultural products, including but not limited to school buses but not including instructional materials or beverages for immediate consumption, for public elementary and secondary schools supported in whole or in part from public funds shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality. (2) Such rules shall provide that, in determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the local school district shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. No local school district shall divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this paragraph. (c) Nothing in this Code section shall negate the requirements of Code Section 50-573." SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Chapter 84 in its entirety as follows: "CHAPTER 84 36-84-1. Reserved. 36-84-2. Reserved. TUESDAY, MARCH 10, 2009 1449 36-84-1. (a) As used in this Code section, the term 'local government' means a county, municipality, or consolidated government. (b) Local governments, when contracting for or purchasing supplies, materials, equipment, or agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality. (c) In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the local government shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. No local government shall divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection. (d) Nothing in this Code section shall negate the requirements of Code Section 50-573." SECTION 3. Part 1 of Article 3 of Chapter 5 of Title 50 the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to government purchasing, is amended by revising Code Section 50-5-60, relating to preference to supplies, equipment, materials, and printing produced in Georgia generally, as follows: "50-5-60. (a) It shall be the duty of the Department of Administrative Services, in the purchase of and in contracting for any supplies, materials, equipment, and printing, to give preference as far as may be reasonable and practicable to such materials, supplies, equipment, and printing as may be manufactured or produced in this state. It is the intention of this subsection that the state use, insofar as is practicable, Georgia products and Georgia labor; provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted; and provided, further, that preference in all cases shall be given to surplus products or articles produced or manufactured by other state departments, institutions, or agencies, which are available for distribution. (a) The state and any department, agency, or commission thereof, when contracting for or purchasing supplies, materials, equipment, or agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality. (b) Vendors resident in the State of Georgia are to be granted the same preference over 1450 JOURNAL OF THE SENATE vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state to vendors resident therein over vendors resident in the State of Georgia. (c) In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or its department, agency, or commission shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. The state or its department, agency, or commission shall not divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection. (d) Nothing in this Code section shall negate the requirements of Code Section 50-573." SECTION 4. Said part is further amended by revising Code Section 50-5-61, relating to state and local authority preferences for supplies, materials, equipment, and agricultural products produced in Georgia, as follows: "50-5-61. (a) State and local authorities created by law, in the purchase of and contracting for any supplies, materials, equipment, and agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such materials, supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice price or quality. (b) In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or local authority shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. No state or local authority shall divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection. (c) Nothing in this Code section shall negate the requirements of Code Section 50-573." SECTION 5. Said part is further amended by revising Code Section 50-5-62, relating to state TUESDAY, MARCH 10, 2009 1451 preferences for local sellers of Georgia products, as follows: "50-5-62. The Department of Administrative Services, in awarding of contracts, all things being equal, shall give preference to local sellers of Georgia products when it is possible to do so, the interest of the state is not sacrificed, and the quality and prices permit it. Reserved." SECTION 6. This Act shall not be applied to impair an obligation of any contract entered into prior to the date this Act becomes effective. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Moody of the 56th offered the following amendment #1 to the committee substitute: Amend the Senate Government Oversight Committee substitute to SB 44 by replacing "this state" with "the State of Georgia"on lines 29, 56, and 88. By striking the quotation mark at the end of lines 41, 68, 104, and 125 and inserting in lieu thereof the following: For supplies, materials, equipment, or agricultural products to qualify for preference by any local school system, local government, or the state government, the product must be all or virtually all made in the State of Georgia. In addition, 75 percent of the total manufacturing costs for such product must have been incurred in the State of Georgia and the product must have been last substantially transformed in the State of Georgia." On the adoption of the amendment, the President called for unanimous consent. Senator Wiles of the 37th objected. On the adoption of the amendment, the yeas were 15, nays 21, and the Moody amendment #1 to the committee substitute 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: 1452 JOURNAL OF THE SENATE Y Adelman Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman N Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones N Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers N Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas 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 7. SB 44, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 344. By Representatives Davis of the 109th, Barnard of the 166th, Jerguson of the 22nd and Horne of the 71st: A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize the Department of Corrections to establish and collect additional fees for services rendered to a felony defendant sentenced to a day reporting center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. Senator Adelman of the 42nd introduced the doctor of the day, Dr. Stephen Holbrook. TUESDAY, MARCH 10, 2009 1453 The Calendar was resumed. SB 57. By Senators Hamrick of the 30th, Harbison of the 15th, Hudgens of the 47th, Tarver of the 22nd, Orrock of the 36th and others: A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to mortgages, foreclosures, and evictions; to amend Chapter 6A of Title 7 , relating to the "Georgia Fair Lending Act," ; to amend Code Section 15-6-77 of the , relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to amend Code Section 44-7-55 , relating to the writ of possession, so as to provide that a tenant with a valid lease can stay in a foreclosed property for 60 days; to amend Article 7 of Chapter 14 of Title 44 , relating to foreclosure on mortgages, so as to provide for examples of when an instrument of conveyance will be an equitable mortgage; to repeal conflicting laws; and for other purposes. The Senate Banking and Financial Institutions Committee offered the following substitute to SB 57: A BILL TO BE ENTITLED AN ACT To amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, relating to the "Georgia Fair Lending Act," so as to provide for definitions; to provide for limitations on home loans; to provide for limitations on subprime home loans; 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 6A of Title 7 of the Official Code of Georgia Annotated, relating to the "Georgia Fair Lending Act," is amended in Code Section 7-6A-2, relating to definitions, by revising subparagraph (B) of paragraph (17) and adding paragraphs (10.1) and (16.1), as follows: "(10.1) 'Mortgage broker' means any person who directly or indirectly for compensation solicits, processes, places, or negotiates a home loan for others or offers to solicit, process, place, or negotiate home loans for others and who closes home loans which may be in the person's own name with funds provided by others and which loans are thereafter assigned to the person providing the funding of such loans." 1454 JOURNAL OF THE SENATE "(16.1) 'Subprime home loan' means a home loan in which the difference between the annual percentage rate for the loan and the yield on United States Treasury securities having comparable periods of maturity is either equal to or greater than three percent, if the loan is secured by a first lien mortgage or deed of trust, or five percent, if the loan is secured by a subordinate lien mortgage or deed of trust. Without regard to whether the loan is subject to or reportable under the provisions of the federal Home Mortgage Disclosure Act, 12 U.S.C. Section 2801 et seq., the difference between the annual percentage rate and the yield on United States Treasury securities having comparable periods of maturity shall be determined using the same procedures and calculation methods applicable to loans that are subject to the reporting requirements of the federal Home Mortgage Disclosure Act, as those procedures and calculation methods are amended, provided that the yield on United States Treasury securities shall be determined as of the fifteenth day of the month prior to the date of the application for the loan." "(B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed: (i) 5 percent of the total loan amount if the total loan amount is $20,000.00 or more or (ii) the lesser of 8 percent of the total loan amount or $1,000.00 if the total loan amount is less than $20,000.00." SECTION 2. Said chapter is further amended by revising Code Section 7-6A-3, relating to limitations on home loans, as follows: "7-6A-3. All home Home loans or subprime home loans, as specified in each respective provision, shall be subject to the following limitations, standards, and prohibited practices: (1) No creditor shall make a home loan that finances, directly or indirectly: (A) Any credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance, debt suspension coverage, or debt cancellation coverage, whether or not such coverage is insurance under applicable law, that provides for cancellation of all or part of a borrower's liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan; or (B) Any life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance; provided, however, that for the purposes of this Code section, any premiums or charges calculated and paid on a monthly basis shall not be considered financed directly or indirectly by the creditor; (2) No creditor or servicer shall recommend or encourage default on an existing loan or other debt prior to and in connection with the closing or planned closing of a home loan that refinances all or any portion of such existing loan or debt; (3) No creditor or servicer may charge a borrower a late payment charge unless the TUESDAY, MARCH 10, 2009 1455 loan documents specifically authorize the charge, the charge is not imposed unless the payment is past due for ten days or more, and the charge does not exceed 5 percent of the amount of the late payment. A late payment charge may shall not be imposed more than once with respect to on a particular late payment. If a late payment charge is deducted from a payment made on the home loan and such deduction results in a subsequent default on a subsequent payment, no late payment charge may shall be imposed for such default. A lender may apply any payment made in the order of maturity to a prior period's payment due even if the result is late payment charges accruing on subsequent payments due; and (4) No creditor or servicer may charge a fee for informing or transmitting to any person the balance due to pay off a home loan or to provide a release upon prepayment. When such information is provided by facsimile or if it is provided upon request within 60 days of the fulfillment of a previous request, a creditor or servicer may charge a processing fee up to $10.00. Payoff balances shall be provided within a reasonable time but in any event no more than five business days after the request.; (5) No prepayment fees or penalties shall be charged or collected under the terms of a subprime home loan. Any prepayment penalty in violation of this paragraph shall be unenforceable. However, mortgage interest that may accrue in advance of payment in full of a loan made under a local, state, or federal government sponsored mortgage insurance or guaranty program, including a Federal Housing Administration program, shall not be considered to be a prepayment fee or penalty; (6) No person may provide, and no mortgage broker may receive, directly or indirectly, any compensation that is based on, or varies with, the terms of any Federal Housing Administration insured loan or subprime home loan. This paragraph shall not prohibit compensation based on the principal balance of the loan; (7)(A) No creditor shall make a subprime home loan to a borrower unless a creditor reasonably and in good faith believes at the time the subprime loan is closed that the borrower residing in the home will be able to make the scheduled loan payments, real estate tax payments, and insurance payments associated with the subprime home loan. (B) The determination of a borrower's reasonable ability to repay a subprime home loan shall include, without limitation, consideration of: the borrower's current and expected income, credit history, current obligations, and employment status; the debt-to-income ratio of the borrower's monthly gross income inclusive of all debt payments and total monthly housing payments including taxes, insurance, any required homeowner or condominium fees, and any subordinate mortgages including those that will be made contemporaneously to the same borrower; and other available financial resources other than the borrower's equity in the principal dwelling that secures or would secure the subprime home loan. (C) The calculation assumptions used in evaluating the ability to repay for subprime home loans shall include: (i) The monthly payment amounts based on, at a minimum, the fully indexed rate at the time of closing, assuming a fully amortizing repayment schedule; 1456 JOURNAL OF THE SENATE (ii) Verification of all sources of income by tax returns, payroll receipts, bank records, or other similar reliable documentation. Verification shall be based on the most appropriate form of documentation; and (iii) For subprime home loans that permit negative amortization, the repayment analysis based upon the initial loan amount plus any balance increase that may accrue from the negative amortization provision; A creditor's analysis of a borrower's ability to repay a subprime home loan may utilize reasonable commercially recognized underwriting standards and methodologies, including automated underwriting systems, provided the standards and methodologies comply with the provisions of this Code section. (D) A creditor in a subprime home loan who, when acting in good faith, fails to comply with this Code section shall not be deemed to have violated this Code section if the creditor established that either: (i) Within 90 days of the loan closing and prior to the institution of any action against the creditor under this Code section, the borrower was notified of the compliance failure; the creditor tendered appropriate restitution; the creditor offered, at the borrower's option, either to make the subprime home loan comply with this Code section or change the terms of the subprime home loan in a manner beneficial to the borrower so that the loan will no longer be considered a subprime home loan subject to the provisions of this Code section; and within a reasonable period of time following the borrower's election of remedies, the creditor took appropriate action based on the borrower's choice; or (ii) The compliance failure was not intentional and resulted in a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid such errors and within 120 days after the discovery of the compliance failure and prior to the institution of any action against the creditor under this Code section or the creditor's receipt of written notice of the compliance failure, the provisions of division (i) of this subparagraph were met. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a person's obligations under this Code section shall not be a bona fide error; (8) No creditor shall engage in the act or practice of flipping a subprime home loan. For purposes of this paragraph, 'flipping a subprime home loan' means the making or arranging of a subprime home loan to a borrower who refinances an existing home loan when the new loan does not have reasonable, tangible net benefit to the borrower considering all of the circumstances including, but not limited to, the terms of both the new and refinanced loans, the cost of the new loan, and the borrower's circumstances; and (9) A mortgage broker, in addition to duties imposed by other statutes or at common law, shall be considered an agent of the borrower in all cases and shall: (A) Act in the borrower's best interest and in the utmost good faith toward the borrower and shall not compromise a borrower's right or interest in favor of another's right or interest, including a right or interest of the mortgage broker; TUESDAY, MARCH 10, 2009 1457 (B) Safeguard and account for any money handled for the borrower; (C) Follow reasonable and lawful instructions from the borrower; (D) Use reasonable skill, care, and diligence; (E) Before closing, notify each lender of the particulars of each of the other lenders' loans if the mortgage broker knows that more than one mortgage loan will be made by different lenders contemporaneously to a borrower secured by the same real property; (F) Clearly disclose to the borrower, in a timely fashion, all material information, as specified by the department, that might reasonably affect the borrower's rights, interests, or ability to receive the borrower's intended benefit from the home loan, including total compensation the broker would receive from any of the loan options the broker presents to the borrower; and (G) Make reasonable efforts to secure a loan that is in the best interests of the borrower considering all the circumstances, including the product type, rates, charges, and repayment terms of the home loan." SECTION 3. Said chapter is further amended in Code Section 7-6A-5, relating to limitations on highcost home loans, by revising paragraph (1) as follows: "(1) No prepayment fees or penalties shall be provided for in the loan documents for a high-cost home loan or charged to the borrower after the last day of the twentyfourth month following the loan closing or which exceed in the aggregate: (A) In the first 12 months after the loan closing, more than 2 percent of the loan amount prepaid; or (B) In the second 12 months after the loan closing, more than 1 percent of the amount prepaid;" SECTION 4. This Act shall become effective on July 1, 2009. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 33rd offered the following amendment #1 to the committee substitute: Amend the committee substitute to SB 57 by adding a new subsection (4) and renumbering the remaining sections accordingly to read as follows: Not withstanding any other provision of law, any person who purchases or is otherwise assigned a sub prime home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor or creditors of the loans. On the adoption of the amendment, the President called for unanimous consent. 1458 JOURNAL OF THE SENATE Senator Seabaugh of the 28th objected. On the adoption of the amendment, the yeas were 14, nays 27, and the Thompson of the 33rd amendment #1 to the committee substitute 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 N Brown N Buckner Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson E Hill,Jack N Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W N Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed N Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas 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 43, nays 9. SB 57, having received the requisite constitutional majority, was passed by substitute. At 12:27 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:30 p.m. Senator Tommie Williams, President Pro Tempore, called the Senate to order. TUESDAY, MARCH 10, 2009 1459 The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Sims of the 12th The Calendar was resumed. SB 64. By Senators Reed of the 35th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Sims of the 12th 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 prior to discharge; to provide for notice; to provide for counseling; to repeal conflicting laws; and for other purposes. The Senate State Institutions and Property Committee offered the following substitute to SB 64: 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, subject to appropriations or funding, certain incarcerated persons shall be tested for HIV prior to discharge; to provide for notice; to provide for counseling; 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 generally, is amended by adding a new Code section to read as follows: "42-5-52.2. (a) Subject to appropriations by the General Assembly or other funding made available to the department for such purposes, any person who has been in the custody of a penal institution for one year or longer and who has not previously tested positive for HIV shall submit to an HIV test between 60 and 120 days prior to the expected date of discharge from the facility. (b) Each person tested as provided in subsection (a) of this Code section shall be notified of the results of such testing in writing prior to his or her discharge. Any person testing positive for HIV, and any person who has previously tested positive for such condition, shall be given counseling relating to living with such condition after 1460 JOURNAL OF THE SENATE release from incarceration. The Department of Corrections is directed to provide the requirements of such counseling. (c) The provisions of this Code section shall not be construed to limit the provision for HIV testing in Code Section 42-9-42.1." 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 Buckner Bulloch Y Butler Y Butterworth Y Chance Chapman Y Cowsert Y Crosby N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins N Heath Y Henson N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson,L N Jackson,W Y Johnson Y Jones Y Moody Y Mullis N Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed N Rogers E Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber N Wiles Williams (PRS) On the passage of the bill, the yeas were 41, nays 7. SB 64, having received the requisite constitutional majority, was passed by substitute. Senator Buckner of the 44th was excused for business outside the Senate Chamber. TUESDAY, MARCH 10, 2009 1461 SB 67. By Senators Murphy of the 27th, Rogers of the 21st, Pearson of the 51st, Mullis of the 53rd, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for certain drivers' licenses, so as to provide that such examinations shall be administered only in the English language; to provide for an exception; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 67: 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 licenses, so as to provide that examinations for drivers' licenses shall be administered only in the English language; to provide for an exception; to provide a limit on the period for which a temporary license may be issued by examination in a language other than English; 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 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, is amended by revising Code Section 40-527, relating to examination of applicants for certain drivers' licenses, is amended by adding a new subsection to read as follows: "(e) All written and oral examinations required pursuant to this Code section shall be administered only in the English language; provided, however, that the department may administer examinations to persons eligible for a temporary license pursuant to Code Section 40-5-21.1 in a language other than English." SECTION 2. Said Article is further amended by revising subsection (a) of Code Section 40-5-21.1, relating to temporary licenses, permits, or special identification cards, and foreign licenses or identification cards as evidence of legal presence in the United States, 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; 1462 JOURNAL OF THE SENATE (4) An approved application for temporary protected status in the United States; (5) Approved deferred action status; (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 applicant's authorized stay in the United States or three years, whichever occurs first; provided, however, that no person shall, during his or her lifetime, be issued temporary licenses or permits by examination in any language other than English for a total combined period of six years." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The President resumed the Chair. 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 N Brown E Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden Y Grant Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Rogers Y Seabaugh Seay Y Shafer E Sims Y Smith Y Staton Stoner N Tarver N Tate Y Thomas N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber TUESDAY, MARCH 10, 2009 1463 Y Hamrick N Harbison N Harp Y Powell N Ramsey N Reed Y Wiles Y Williams On the passage of the bill, the yeas were 37, nays 14. SB 67, 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 March 10, 2009 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Bob: It was my intent to vote against SB 67 that was on today's calendar. I mistakenly voted for the bill. Please include this note in the Senate Journal. Sincerely, /s/ Vincent D. Fort SB 82. By Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to change provisions relating to transaction records; to provide for transmission of transaction records to the applicable sheriff's department; to 1464 JOURNAL OF THE SENATE regulate payments to persons selling copper items to secondary metals recyclers; to provide for supervision of secondary metals recyclers by counties, municipal corporations, or consolidated governments; to change provisions relating to the superseding nature of the article; 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 82: A BILL TO BE ENTITLED AN ACT To amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to change provisions relating to transaction records; to provide for accessibility for review of transaction records to law enforcement personnel; to prohibit the sale or purchase of certain metals; to provide for criminal penalties for certain unlawful conduct; to regulate payments to persons selling copper items to secondary metals recyclers; to provide jurisdiction for municipal courts to try and dispose of certain cases; 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 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, is amended by revising Code Section 10-1-351, relating to record of transactions, as follows: "10-1-351. (a) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. Such record shall include on a form prescribed by the state revenue commissioner which shall require the following information: (1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased, utilizing the specifications of the Institute of Scrap Recycling Industries Circular as the standard as such specifications existed on the effective date of this paragraph, in a purchase transaction together with a dated and time-stamped photograph of the purchased metal property and the name of the photographer. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings, automotive part, or farm equipment; (4) The amount of consideration given in a purchase transaction for the regulated TUESDAY, MARCH 10, 2009 1465 metal property; (5) A signed statement from the person receiving consideration in the purchase transaction stating certifying under oath that he or she is the rightful owner of the regulated metal property or is entitled has the lawful right to sell and dispose of the regulated metal property being sold; and describing the source from which he or she obtained the metal and the physical address where the metal was obtained by such person. Falsification of the statement required by this Code section shall be a violation of Code Section 16-10-71 and upon conviction shall be punishable pursuant to such Code section. (6) The name and address of the person delivering the regulated metal property to the secondary metals recycler along with a photocopy or electronic scan of the driver's license or state or federally issued photo identification card of the person delivering the regulated metal property to the secondary metals recycler. If the secondary metals recycler has a copy of the valid photo identification of the person delivering the regulated metal property on file, the secondary metals recycler shall examine the photo identification, but may reference such photo identification on file without making a separate photo copy or electronic scan for each subsequent transaction. If the person delivering the regulated metal property does not have a driver's license or a state or federally issued photo identification card, then the secondary metals recycler shall not complete the transaction; (7) The distinctive number from, and type of, the personal identification card of the person delivering the regulated metal property to the secondary metals recycler; and (8) The vehicle license tag number, state of issue, and the type of vehicle, if available, used to deliver the regulated metal property to the secondary metals recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck; and (9) Such other information as the state revenue commissioner may require. (b) A secondary metals recycler shall maintain or cause to be maintained the information and records required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction and shall make such information and records readily accessible for review by law enforcement personnel upon request. (c)(1) Unless accompanied by a signed statement certifying under oath that the seller is the owner of the metal or is an employee, agent, or other person authorized to sell the scrap metal on behalf of the owner, it shall be a violation to knowingly sell or attempt to sell to a secondary metals recycler or for a secondary metals recycler to knowingly purchase or attempt to purchase the following types of metal: (A) Metal bearing a visible identifying mark of an electric, telephone, cable, water, railroad, other public utility, or government entity; (B) Utility access covers; (C) Street light poles and fixtures; (D) Road and bridge guard rails; (E) Highway or street signs; (F) Water meter covers; 1466 JOURNAL OF THE SENATE (G) Traffic directional and control signs; (H) Traffic light signals; and (I) Historical markers, or grave markers and vases. (2) A person convicted of a first offense of a violation of this subsection shall be guilty of a misdemeanor. Any person who violates this subsection for the second or any subsequent offense shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. (d) Falsification of the statement required by subsection (c) of this Code section shall be a violation of Code Section 16-10-71." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "10-1-352.1. (a) For purposes of this Code section, the term 'copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (b) A secondary metals recycler may pay cash for any copper property only if the amount of the consideration of such item or items is $100.00 or less. Payment for any copper property exceeding the value of $100.00 shall be issued by check. Such check shall be payable only to the person named in paragraph (6) of subsection (a) of Code Section 10-1-351 and shall be transmitted to such person providing identification as required in paragraph (6) of subsection (a) of Code Section 10-1-351; provided, however, that if such person is delivering the copper property on behalf of a governmental entity or a nonprofit or for profit business, the check may be payable to such business or entity and may also be transmitted to such business or entity." SECTION 3. Said article is further amended by revising Code Section 10-1-356, relating to prohibited acts, as follows: "10-1-356. (a) It shall be unlawful for: (1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 9:00 P.M. and 6:00 A.M.; and (2) Any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a secondary metals recycler in return for regulated metal property. (b) Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of a misdemeanor. (c) Any person who violates paragraph (2) of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both." TUESDAY, MARCH 10, 2009 1467 SECTION 4. Said article is further amended by revising Code Section 10-1-357, relating to penalties for violations of the article, as follows: "10-1-357. (a) Any person selling regulated metal property to a secondary metals recycler in violation of any provision of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any secondary metals recycler knowingly and intentionally engaging in any practice which constitutes a violation of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, such secondary metals recycler shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (c) Municipal courts are granted jurisdiction to try and dispose of cases in which a person is charged with any misdemeanor violation of this article." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment #1 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by replacing lines 1 through 82 with the following: To amend Titles 10 and 16 of the Official Code of Georgia Annotated, relating to commerce and trade and crimes and offenses, respectively, so as to provide for regulated metal property; to provide transaction records requirements; to require certain statements under oath; to provide definitions; to regulate payments for regulated metal property; to provide for criminal penalties; 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 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, is amended by revising paragraph (5) of Code Section 10-1- 1468 JOURNAL OF THE SENATE 350, relating to definitions, as follows: "(5) 'Personal identification card' means a valid driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security." SECTION 2. Said article is further amended by revising Code Section 10-1-351, relating to record of transactions, as follows: "10-1-351. (a) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. Such record shall include the following information: (1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased in a purchase transaction. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings; (4) The amount of consideration given in a purchase transaction for the regulated metal property; (5) A signed statement from the person receiving consideration in the purchase transaction stating certifying under oath that he or she is the rightful owner of the regulated metal property or is entitled to sell the regulated metal property being sold. Such oath shall be as follows: 'I am the rightful owner of or am entitled to sell the regulated metal property being sold.'; (6) The name and address A copy of a valid personal identification card of the person delivering the regulated metal property to the secondary metals recycler and the address and photograph of such person if not included on the personal identification card; (7) The distinctive number from, and type of, the personal identification card of the person delivering the regulated metal property to the secondary metals recycler; and (8) The vehicle license tag number, state of issue, and the type of vehicle, if available, used to deliver the regulated metal property to the secondary metals recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck. (b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction. (c) Any person who knowingly and willfully makes a false statement in the statement required by paragraph (5) of subsection (a) of this Code section shall be subject to the provisions of Code Section 16-10-71." TUESDAY, MARCH 10, 2009 1469 SECTION 3. By replacing lines 96 through 132 with the following: SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraph (9) of subsection (a) of Code Section 16-8-12, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, as follows: "(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both." Senator Harp of the 29th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Harp et al. amendment #1 to the committee substitute was withdrawn. Senator Harp of the 29th offered the following amendment #1a to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by replacing lines 1 through 82 with the following: To amend Titles 10 and 16 of the Official Code of Georgia Annotated, relating to commerce and trade and crimes and offenses, respectively, so as to provide for regulated metal property; to provide transaction records requirements; to require certain statements under oath; to provide definitions; to regulate payments for regulated metal property; to provide for criminal penalties; 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 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, is amended by revising paragraph (5) of Code Section 10-1350, relating to definitions, as follows: "(5) 'Personal identification card' means a valid driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security." 1470 JOURNAL OF THE SENATE SECTION 2. Said article is further amended by revising Code Section 10-1-351, relating to record of transactions, as follows: "10-1-351. (a) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. Such record shall include the following information: (1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased in a purchase transaction together with a dated and time-stamped photograph of the purchased regulated metal property. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings; (4) The amount of consideration given in a purchase transaction for the regulated metal property; (5) A signed statement from the person receiving consideration in the purchase transaction stating certifying under oath that he or she is the rightful owner of the regulated metal property or is entitled to sell the regulated metal property being sold. Such oath shall be as follows: 'I am the rightful owner of or am entitled to sell the regulated metal property being sold.'; (6) The name and address A copy of a valid personal identification card of the person delivering the regulated metal property to the secondary metals recycler and the address and photograph of such person if not included on the personal identification card; (7) The distinctive number from, and type of, the personal identification card of the person delivering the regulated metal property to the secondary metals recycler; and (8) The vehicle license tag number, state of issue, and the type of vehicle, if available, used to deliver the regulated metal property to the secondary metals recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck. (b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction. (c) Any person who knowingly and willfully makes a false statement in the statement required by paragraph (5) of subsection (a) of this Code section shall be subject to the provisions of Code Section 16-10-71." SECTION 3. By replacing lines 96 through 132 with the following: SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is TUESDAY, MARCH 10, 2009 1471 amended by revising paragraph (9) of subsection (a) of Code Section 16-8-12, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, as follows: "(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both." On the adoption of the amendment, the President asked for unanimous consent. Senator Bulloch of the 11th objected. On the adoption of the amendment, Senator Unterman of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows: N Adelman N Balfour N Brown N Buckner N Bulloch N Butler N Butterworth N Chance N Chapman N Cowsert N Crosby Y Douglas N Fort N Goggans N Golden N Grant N Hamrick N Harbison Y Harp N Hawkins N Heath N Henson N Hill,Jack N Hill,Judson N Hooks Y Hudgens N Jackson,L N Jackson,W N Johnson N Jones N Moody N Mullis Y Murphy N Orrock N Pearson N Powell N Ramsey N Reed Y Rogers N Seabaugh N Seay N Shafer E Sims N Smith Y Staton Y Stoner N Tarver N Tate N Thomas 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 7, nays 48, and the Harp amendment #1a to the committee substitute was lost. Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment #2 to the committee substitute: 1472 JOURNAL OF THE SENATE Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by replacing lines 27 through 28 with the following: general physical description, such as wire, tubing, extrusions, or castings; By replacing lines 33 through 37 with the following: regulated metal property or is entitled is an employee, agent, or other person authorized to sell and dispose of the regulated metal property on behalf of the rightful owner being sold; By replacing lines 61 through 62 with the following: the rightful owner of the regulated metal property or is an employee, agent, or other person authorized to sell and dispose of the regulated metal property on behalf of the rightful owner, it shall be a violation to knowingly sell or attempt By replacing lines 80 through 81 with the following: (d) Any person who knowingly and willfully makes a false statement in the statement required by paragraph (5) of subsection (a) or subsection (c) of this Code section shall be guilty of false swearing and shall be subject to any penalties therefor prescribed by Code Section 16-10-71." On the adoption of the amendment, the yeas were 10, nays 39, and the Harp et al. amendment #2 to the committee substitute was lost. Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment #3 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by replacing lines 16 through 17 with the following: to which the secondary metals recycler is a party. Such record shall include the following By replacing the period at the end of line 37 with a semicolon. By replacing "and" with "and" on line 50. By replacing lines 54 through 55 with the following: truck, van, or truck. Such record may be kept by using a form prescribed by the state revenue commissioner, electronic means, or any other method so long as all of the information required by this subsection is maintained as required by this Code section. On the adoption of the amendment, the yeas were 9, nays 39, and the Harp et al. amendment #3 to the committee substitute was lost. TUESDAY, MARCH 10, 2009 1473 Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment #4 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by replacing lines 27 through 28 with the following: general physical description, such as wire, tubing, extrusions, or castings; On the adoption of the amendment, the yeas were 14, nays 31, and the Harp et al. amendment #4 to the committee substitute was lost. Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment #5 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by replacing lines 33 through 37 with the following: regulated metal property or is entitled is an employee, agent, or other person authorized to sell and dispose of the regulated metal property on behalf of the rightful owner being sold; By replacing lines 61 through 62 with the following: the rightful owner of the regulated metal property or is an employee, agent, or other person authorized to sell and dispose of the regulated metal property on behalf of the rightful owner, it shall be a violation to knowingly sell or attempt By replacing lines 80 through 81 with the following: (d) Any person who knowingly and willfully makes a false statement in the statement required by paragraph (5) of subsection (a) or subsection (c) of this Code section shall be guilty of false swearing and shall be subject to any penalties therefor prescribed by Code Section 16-10-71." On the adoption of the amendment, there were no objections, and the Harp et al. amendment #5 to the committee substitute was adopted. Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment #6 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by replacing lines 33 through 37 with the following: regulated metal property or is entitled is an employee, agent, or other person authorized to sell and dispose of the regulated metal property on behalf of the rightful owner being sold; By replacing lines 61 through 62 with the following: 1474 JOURNAL OF THE SENATE the rightful owner of the regulated metal property or is an employee, agent, or other person authorized to sell and dispose of the regulated metal property on behalf of the rightful owner, it shall be a violation to knowingly sell or attempt On the adoption of the amendment, the yeas were 8, nays 38, and the Harp et al. amendment #6 to the committee substitute was lost. Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment #7 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by replacing lines 80 through 81 with the following: (d) Any person who knowingly and willfully makes a false statement in the statement required by paragraph (5) of subsection (a) or subsection (c) of this Code section shall be guilty of false swearing and shall be subject to any penalties therefor prescribed by Code Section 16-10-71." On the adoption of the amendment, the yeas were 11, nays 37, and the Harp et al. amendment #7 to the committee substitute was lost. Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment #8 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by replacing the period at the end of line 37 with a semicolon. On the adoption of the amendment, there were no objections, and the Harp et al. amendment #8 to the committee substitute was adopted. Senator Jackson of the 2nd offered the following amendment #9 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by striking line 35 and inserting in lieu thereof the following: obtained the metal and the physical address where the metal was obtained by such person; provided, however, that, in the case of motor vehicles, in addition to such certification, the person shall also provide the title to such motor vehicle or, if such motor vehicle has no title, other official documentation of ownership. The entity purchasing a motor vehicle that is titled shall cancel the title to such motor vehicle in accordance with Code Section 40-3-36. On the adoption of the amendment, the President asked for unanimous consent. Senator Rogers of the 21st objected. TUESDAY, MARCH 10, 2009 1475 On the adoption of the amendment, the yeas were 31, nays 15, and the Jackson of the 2nd amendment #9 to the committee substitute was adopted. Senators Shafer of the 48th and Hawkins of the 49th offered the following amendment #10 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC 36 1387ERS) by inserting after "cases;" on line 7 the following: to exempt computers and computer equipment; By inserting between lines 95 and 96 the following: SECTION 2A. Said article is further amended by revising Code Section 10-1-355, relating to purchases of regulated metal property exempted from application of article, as follows: "10-1-355. (a) This article shall not apply to purchases of regulated metal property from: (1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations or from any nonprofit corporations or associations; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler; (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler; (5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler; or (6) A manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business. (b) This article shall not apply to purchases of computers or computer equipment." On the adoption of the amendment, there were no objections, and the Shafer, Hawkins amendment #10 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 Hawkins Y Heath Y Henson N Rogers Y Seabaugh Y Seay 1476 JOURNAL OF THE SENATE Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison N Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis N Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Shafer E Sims Y Smith N Staton Y Stoner Y Tarver Y Tate Y Thomas 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 5. SB 82, having received the requisite constitutional majority, was passed by substitute. SB 99. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Sinclair; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 99: A BILL TO BE ENTITLED AN ACT To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Sinclair; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: TUESDAY, MARCH 10, 2009 1477 SECTION 1. Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, is amended by revising subsection (h) as follows: "(h) The operation of any of the following vessels on Lake Burton, Seed Lake, Lake Rabun, Lake Tugalo, Tallulah Falls Lake, Lake Sinclair, and Lake Yonah shall be prohibited: (1) Any motorized vessel greater than 30 feet six inches in length; except for law: (A) Law enforcement, scientific research, or dam operation and maintenance craft; or (B) Any vessel that was lawfully operated on Lake Sinclair immediately prior to the effective date of this subparagraph and was as of such date included on the tax roll of any county within which any part of such lake lies; or (2) Any vessel equipped with any type of bypass mechanism that reduces or eliminates the effectiveness of the muffler or baffler system required by Code Section 52-7-10." 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 Balfour Y Brown Y Buckner N Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby Y Hawkins N Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 1478 JOURNAL OF THE SENATE N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed 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 3. SB 99, having received the requisite constitutional majority, was passed by substitute. SB 108. By Senators Cowsert of the 46th, Pearson of the 51st, Hudgens of the 47th, Heath of the 31st, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to provide for the recovery of attorney's fees and costs involving a motion to dismiss under certain circumstances; to provide for definitions; to provide for exceptions; to provide for notice; to provide for a stay of discovery; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 108: A BILL TO BE ENTITLED AN ACT To amend Code Section 9-11-12 of the Official Code of Georgia Annotated, relating to answers, defenses, and objections in civil practice, so as to provide for a stay of discovery when a motion to dismiss is filed; 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 9-11-12 of the Official Code of Georgia Annotated, relating to answers, defenses, and objections in civil practice, is amended by adding a new subsection to read as follows: "(j)(1) Stay of discovery. If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall TUESDAY, MARCH 10, 2009 1479 be stayed for 120 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner; provided, however, that such stay may be extended: (A) By the court on its own motion; (B) By agreement of the parties, filed with the court; or (C) By order of the court upon motion of a party to extend such stay for good cause. (2) The filing of a motion to dismiss against less than all counts alleged shall only stay discovery related to the challenged claims. (3) Discovery shall be extended for the duration of the stay of discovery imposed by this subsection. (4) Upon a showing of good cause, a court may grant a motion for expedited discovery while the motion to dismiss is pending. Good cause may include, but shall not be limited to, discovery needed because a witness will be unavailable during the discovery period or because a party is seeking an interlocutory injunction. (5) If a motion to dismiss raises defenses set forth in paragraph (2), (3), or (7) of subsection (b) of this Code section, limited discovery needed to respond to such defenses shall be permitted until the court rules on such motion. (6) The court shall decide any motion to dismiss which results in the imposition of a stay of discovery pursuant to this subsection during the time period in which such stay exists." SECTION 2. This Act shall apply with respect to motions to dismiss filed on or after the effective date of this Act which shall be determined as provided in Code Section 1-3-4 of the Official Code of Georgia Annotated. 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 Buckner Y Bulloch Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Rogers Y Seabaugh Y Seay Y Shafer E Sims 1480 JOURNAL OF THE SENATE Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 108, having received the requisite constitutional majority, was passed by substitute. SB 149. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Moody of the 56th, Chance of the 16th and others: 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 revise the "Uniform Athlete Agents Act"; to provide for the regulation of athlete agents; to terminate the Georgia Athlete Agent Regulatory Commission; to provide for general powers and duties of the Secretary of State relating to the regulation of athlete agents; to require a certificate of registration to act as an athlete agent in this state; to provide requirements for agency contracts; to provide for cancellation of agency contracts by student athletes; to provide for civil penalties and civil causes of action; 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 N Buckner Y Bulloch Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Rogers Y Seabaugh Y Seay Y Shafer E Sims TUESDAY, MARCH 10, 2009 1481 Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell N Ramsey Y Reed Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 2. SB 149, having received the requisite constitutional majority, was passed. SB 153. By Senators Henson of the 41st and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide for use of more than one parking place by persons with disabilities when all parking places for persons with disabilities are full; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate 1482 JOURNAL OF THE SENATE Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thomas 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 153, having received the requisite constitutional majority, was passed. SB 158. By Senators Hill of the 32nd, Rogers of the 21st, Johnson of the 1st and Chance of the 16th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal bills generally, so as to provide exceptions to the requirements for fiscal notes regarding legislation; to provide for the contents of fiscal notes; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Appropriations Committee offered the following amendment: Amend SB 158 by striking "shalll" on line 19 and inserting in lieu thereof "shall". 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 Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson,L Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner TUESDAY, MARCH 10, 2009 1483 Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed Y Tarver N Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 5. SB 158, having received the requisite constitutional majority, was passed as amended. SB 170. By Senators Adelman of the 42nd, Shafer of the 48th, Johnson of the 1st, Rogers of the 21st, Reed of the 35th 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 for state purchasing, so as to provide legislative findings; to provide definitions; to prohibit certain companies that have certain business operations in Sudan to bid on or submit a proposal for a state contract; to provide for exceptions; to provide for certain certifications; to provide penalties for false certifications; to provide for periodic reviews; to provide for related matters; to provide for severability; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver 1484 JOURNAL OF THE SENATE N Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Tate Y Thomas 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 170, having received the requisite constitutional majority, was passed. The following bill was taken up to consider the Conference Committee Report thereto: HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II). The Conference Committee Report was as follows: The Committee of Conference on HB 118 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 118 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 Rogers of the 21st /s/ Representative Harbin of the 118th /s/ Representative Keen of the 179th /s/ Representative Burkhalter of the 50th TUESDAY, MARCH 10, 2009 1485 A BILL To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No. 705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, 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, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No. 705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, is amended by striking everything following the enacting clause and substituting in lieu thereof the following: 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 $37,663,803,301 Federal Funds and Grants $11,587,022,805 Temporary Assistance for Needy Families Block Grant $342,574,967 Social Services Block Grant $54,993,799 Child Care & Development Block Grant $66,553,783 1486 JOURNAL OF THE SENATE 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 TANF Transfers to Social Services Block Grant 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 Prior Year Funds - Other Prior Year funds State General Funds State Funds Lottery Funds Tobacco Funds Motor Fuel Funds Brain & 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 $81,440,296 $20,877,386 $5,645,551,564 $4,404,431 $13,130,623 $62,808,011 $1,242,767,438 $253,038,815 $17,402,038 $24,910,040 $68,909,356 $94,424,439 $25,800,000 $3,567,435,819 $4,457,479,160 $2,114,016,757 $1,513,828,236 $435,771 $139,386,524 $438,033,087 $32,057,789 $219,720,996 $18,903,699,531 $880,152,075 $159,069,341 $1,027,529,868 $1,968,993 $16,834,979,254 $2,715,601,805 $2,208,284,965 $43,837,761 $128,959,599 $280,877,262 $53,642,218 TUESDAY, MARCH 10, 2009 1487 Section 1: Georgia Senate Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $10,087,483 $0 $0 $10,087,483 $10,087,483 $0 1.1. Senate Purpose: None Total Funds $6,761,195 Federal Funds and Grants $0 Other Funds $0 State Funds $6,761,195 State General Funds $6,761,195 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $7,629,495 $7,629,495 Provide for an additional reduction to ($128,877) ($128,877) operations. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. ($280,378) ($280,378) Reduce funding for personal services and ($459,045) ($459,045) operating expenses. Amount appropriated in this Act $6,761,195 $6,761,195 1.2. Lieutenant Governor Purpose: None Total Funds Federal Funds and Grants $1,198,608 $0 1488 JOURNAL OF THE SENATE Other Funds $0 State Funds $1,198,608 State General Funds $1,198,608 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 $1,365,993 $1,365,993 (HB990) Provide for an additional reduction to operations. ($23,082) ($23,082) Reduce the State Health Benefit Plan ($63,009) ($63,009) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. Reduce funding for personal services and operating expenses. ($81,294) ($81,294) Amount appropriated in this Act $1,198,608 $1,198,608 1.3. Secretary of the Senate's Office Purpose: None Total Funds $1,188,125 Federal Funds and Grants $0 Other Funds $0 State Funds $1,188,125 State General Funds $1,188,125 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,334,397 $1,334,397 Provide for an additional reduction to operations. ($22,141) ($22,141) TUESDAY, MARCH 10, 2009 1489 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. Reduce funding for personal services and operating expenses. Amount appropriated in this Act ($42,922) ($81,209) $1,188,125 ($42,922) ($81,209) $1,188,125 1.4. Senate Budget and Evaluation Office Purpose: Provide budget development and evaluation expertise to the State Senate. Total Funds $939,555 Federal Funds and Grants $0 Other Funds $0 State Funds $939,555 State General Funds $939,555 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,072,306 $1,072,306 Provide for an additional reduction to operations. ($18,126) ($18,126) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. ($51,040) ($51,040) Reduce funding for personal services and operating expenses. ($63,585) ($63,585) Amount appropriated in this Act $939,555 $939,555 Section 2: Georgia House of Representatives Total Funds Federal Funds and Grants Other Funds State Funds $17,637,616 $0 $0 $17,637,616 1490 JOURNAL OF THE SENATE State General Funds Intra-State Government Transfers $17,637,616 $0 2.1. Georgia House of Representatives Purpose: None Total Funds $17,637,616 Federal Funds and Grants $0 Other Funds $0 State Funds $17,637,616 State General Funds $17,637,616 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $19,850,950 $19,850,950 (HB990) Provide for an additional reduction to operations. ($266,604) ($266,604) Reduce the State Health Benefit Plan ($755,723) ($755,723) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. Reduce funding for personal services and operating expenses. ($1,191,007) ($1,191,007) Amount appropriated in this Act $17,637,616 $17,637,616 Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers 3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government. $9,429,943 $0 $0 $9,429,943 $9,429,943 $0 TUESDAY, MARCH 10, 2009 1491 Total Funds $4,300,814 Federal Funds and Grants $0 Other Funds $0 State Funds $4,300,814 State General Funds $4,300,814 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $4,728,361 $4,728,361 (HB990) Provide for an additional reduction to operations. ($90,005) ($90,005) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to ($53,831) ($53,831) 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. Reduce funding for personal services and operating expenses. ($283,711) ($283,711) Amount appropriated in this Act $4,300,814 $4,300,814 3.2. Office of Legislative Counsel Purpose: Provide bill-drafting services, advice, and counsel for members of the General Assembly. Total Funds $2,711,434 Federal Funds and Grants $0 Other Funds $0 State Funds $2,711,434 State General Funds $2,711,434 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $3,104,807 $3,104,807 (HB990) Provide for an additional reduction to operations. ($50,481) ($50,481) 1492 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. Reduce funding for personal services and operating expenses. Amount appropriated in this Act ($157,586) ($185,306) $2,711,434 ($157,586) ($185,306) $2,711,434 3.3. 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 $2,417,695 Federal Funds and Grants $0 Other Funds $0 State Funds $2,417,695 State General Funds $2,417,695 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,646,281 $2,646,281 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $46,497 $46,497 Provide for an additional reduction to operations. ($47,410) ($47,410) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. ($68,896) ($68,896) Reduce funding for personal services and provide funding for operating expenses. ($158,777) ($158,777) Amount appropriated in this Act $2,417,695 $2,417,695 Section 4: Audits and Accounts, Department of TUESDAY, MARCH 10, 2009 1493 Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $30,654,383 $0 $0 $30,654,383 $30,654,383 $0 4.1. Administration Purpose: Provide administrative support to all department programs. Total Funds $1,532,154 Federal Funds and Grants $0 Other Funds $0 State Funds $1,532,154 State General Funds $1,532,154 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,729,799 $1,729,799 Defer state employees' salary increases effective January 1, 2009. ($15,694) ($15,694) Provide for an additional reduction to operations. ($5,865) ($5,865) Reduce the State Health Benefit Plan ($99,098) ($99,098) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. Reduce funding for personal services and operating expenses. ($76,988) ($76,988) Amount appropriated in this Act $1,532,154 $1,532,154 4.2. Audits and Assurance Services Purpose: Provide financial, performance, and information system audits. Total Funds $27,021,426 Federal Funds and Grants $0 1494 JOURNAL OF THE SENATE Other Funds $0 State Funds $27,021,426 State General Funds $27,021,426 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $31,283,984 $31,283,984 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $24,166 $24,166 Defer state employees' salary increases ($203,707) ($203,707) effective January 1, 2009. Provide for an additional reduction to operations. ($331,125) ($331,125) Reduce the State Health Benefit Plan ($1,691,737) ($1,691,737) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. Reduce funding for personal services and operating expenses. ($1,560,155) ($1,560,155) Eliminate funding transferred in FY 2009 ($500,000) ($500,000) from the Office of Student Achievement to develop an auditing function for education funding formulas. Amount appropriated in this Act $27,021,426 $27,021,426 4.3. Legislative Services Purpose: Provide information on retirement system services, promulgate statewide policies and procedures, and provide fiscal note services. Total Funds $110,521 Federal Funds and Grants $0 Other Funds $0 State Funds $110,521 State General Funds $110,521 Intra-State Government Transfers $0 TUESDAY, MARCH 10, 2009 1495 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $123,743 $123,743 Defer state employees' salary increases effective January 1, 2009. ($860) ($860) Provide for an additional reduction to operations. $617 $617 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. ($7,219) ($7,219) Reduce funding for personal services and operating expenses. ($5,760) ($5,760) Amount appropriated in this Act $110,521 $110,521 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 $1,990,282 Federal Funds and Grants $0 Other Funds $0 State Funds $1,990,282 State General Funds $1,990,282 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $2,289,648 $2,289,648 (HB990) Defer state employees' salary increases effective January 1, 2009. ($11,117) ($11,117) Provide for an additional reduction to ($65,198) ($65,198) operations. 1496 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009. Reduce funding for personal services and operating expenses. Amount appropriated in this Act ($113,716) ($109,335) $1,990,282 ($113,716) ($109,335) $1,990,282 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 $12,815,713 $0 $150,000 $150,000 $12,665,713 $12,665,713 $0 5.1. Court of Appeals Purpose: Review and exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law. Total Funds $12,815,713 Federal Funds and Grants $0 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $12,665,713 State General Funds $12,665,713 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 (HB990) $14,744,435 $14,894,435 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $11,648 $11,648 TUESDAY, MARCH 10, 2009 1497 Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce computer charges by delaying the efiling initiative to allow court documents to be filed electronically. Freeze funding appropriated in FY 2009 to replace the court's docket system to provide simultaneous access through electronic case files. Reduce funding for operating expenses. Reduce funding for personal services. Freeze summer internship pay. Amount appropriated in this Act ($159,151) ($811,979) ($283,558) ($45,329) ($147,900) ($230,970) ($356,183) ($55,300) $12,665,713 ($159,151) ($811,979) ($283,558) ($45,329) ($147,900) ($230,970) ($356,183) ($55,300) $12,815,713 Section 6: Judicial Council 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 $17,561,751 $2,492,903 $2,492,903 $615,890 $350,390 $265,500 $14,452,958 $14,452,958 $0 6.1. Appellate Resource Center Purpose: Provide representation to all death penalty sentenced inmates in habeas proceedings. Total Funds $528,963 Federal Funds and Grants $0 1498 JOURNAL OF THE SENATE Other Funds $0 State Funds $528,963 State General Funds $528,963 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $580,000 $580,000 (HB990) Reduce funding for operating expenses. ($51,037) ($51,037) Amount appropriated in this Act $528,963 $528,963 6.2. Georgia Office of Dispute Resolution Purpose: Oversee the development of court-connected alternative dispute resolution programs in Georgia. Total Funds $341,641 Federal Funds and Grants $0 Other Funds $172,890 Agency Funds $172,890 State Funds $168,751 State General Funds $168,751 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $196,638 $369,528 Defer state employees' salary increases ($3,117) ($3,117) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($9,425) ($9,425) Reduce funding for operating expenses. ($15,345) ($15,345) Amount appropriated in this Act $168,751 $341,641 TUESDAY, MARCH 10, 2009 1499 6.3. Institute of Continuing Judicial Education Purpose: Provide basic training and continuing education to elected officials, court support personnel, and volunteer agents of the judicial branch. Total Funds $1,355,714 Federal Funds and Grants $0 Other Funds $177,500 Agency Funds $177,500 State Funds $1,178,214 State General Funds $1,178,214 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,298,000 $1,475,500 Defer state employees' salary increases effective January 1, 2009. ($6,105) ($6,105) Reduce funding for operating expenses. ($113,681) ($113,681) Amount appropriated in this Act $1,178,214 $1,355,714 6.4. Judicial Council Purpose: 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 $15,077,982 Federal Funds and Grants $2,492,903 Federal Funds Not Specifically Identified $2,492,903 Other Funds $265,500 Other Funds - Not Specifically Identified $265,500 State Funds $12,319,579 State General Funds $12,319,579 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $13,971,643 $16,730,046 1500 JOURNAL OF THE SENATE (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for operating expenses. Amount appropriated in this Act $11,263 ($73,828) ($405,087) ($376,880) ($807,532) $12,319,579 $11,263 ($73,828) ($405,087) ($376,880) ($807,532) $15,077,982 6.5. Judicial Qualifications Commission Purpose: Discipline, remove, and cause involuntary retirement of judges. Total Funds $257,451 Federal Funds and Grants $0 Other Funds $0 State Funds $257,451 State General Funds $257,451 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $299,040 $299,040 Defer state employees' salary increases ($2,226) ($2,226) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($14,334) ($14,334) TUESDAY, MARCH 10, 2009 1501 Reduce funding for operating expenses. Amount appropriated in this Act ($25,029) $257,451 ($25,029) $257,451 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 $6,929,539 $447,456 $447,456 $0 $6,482,083 $6,482,083 $0 7.1. Council of Juvenile Court Judges Purpose: Represent all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation. Total Funds $1,943,478 Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 Other Funds $0 State Funds $1,496,022 State General Funds $1,496,022 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,705,599 $2,153,055 Reflect allocation of telecommunication $2,368 $2,368 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($14,189) ($14,189) 1502 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for operating expenses. Amount appropriated in this Act ($82,215) ($18,540) ($97,001) $1,496,022 ($82,215) ($18,540) ($97,001) $1,943,478 7.2. Grants to Counties for Juvenile Court Judges Purpose: Mandate payment of state funds to circuits to pay for juvenile court judges salaries. Total Funds $4,986,061 State Funds $4,986,061 State General Funds $4,986,061 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 $53,301,872 $0 $0 $51,499,745 $51,499,745 $1,802,127 $1,802,127 8.1. District Attorneys Purpose: 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 Funds $47,886,644 Federal Funds and Grants $0 Other Funds $0 State Funds $46,084,517 State General Funds $46,084,517 Intra-State Government Transfers $1,802,127 TUESDAY, MARCH 10, 2009 1503 Other Intra-State Government Payments $1,802,127 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $52,323,746 $54,090,792 Defer state employees' salary increases effective January 1, 2009. ($637,857) ($637,857) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($3,207,216) ($3,207,216) Provide for an additional reduction to operations. $0 $0 Reduce funding for travel. ($103,672) ($103,672) Defer steps and promotions for assistant district attorneys scheduled for FY 2009. ($349,150) ($349,150) Implement a 13-day furlough of all statepaid staff other than the District Attorneys. ($1,941,334) ($1,941,334) Provide funding to cover a shortfall in $0 $0 personal services for District Attorney staff. Recognize change in DHR contract amount. $0 $35,081 Amount appropriated in this Act $46,084,517 $47,886,644 8.2. Prosecuting Attorneys Council Purpose: Assist Georgia's District Attorneys and State Court Solicitors. Total Funds $5,415,228 Federal Funds and Grants $0 Other Funds $0 State Funds $5,415,228 State General Funds $5,415,228 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 $6,957,949 $6,957,949 1504 JOURNAL OF THE SENATE (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Defer filling 4 vacant positions. Reduce funding for operating expenses. Defer funding appropriated in FY 2009 to purchase and replace obsolete computer equipment in District Attorney offices. Reduce funding for Victim Services. Implement a 13-day furlough of all staff. Defer steps and promotions for staff attorneys scheduled for FY 2009. Amount appropriated in this Act $1,662 ($52,707) ($265,120) $0 ($632,353) ($160,879) ($208,125) ($25,735) ($187,889) ($11,575) $5,415,228 $1,662 ($52,707) ($265,120) $0 ($632,353) ($160,879) ($208,125) ($25,735) ($187,889) ($11,575) $5,415,228 Section 9: Superior Courts Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $56,213,072 $0 $0 $56,213,072 $56,213,072 $0 9.1. Council of Superior Court Clerks Purpose: Assist superior court clerks throughout the state in the execution of their duties, and promote and assist in their training of the superior court clerks. Total Funds $376,208 Federal Funds and Grants $0 TUESDAY, MARCH 10, 2009 1505 Other Funds $0 State Funds $376,208 State General Funds $376,208 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $1,751,550 $1,751,550 (HB990) Provide for an additional reduction to operations. ($22,640) ($22,640) Reduce funding for the Judicial Data ($1,352,702) ($1,352,702) Exchange (JDX) project appropriated in FY 2009. Amount appropriated in this Act $376,208 $376,208 9.2. Council of Superior Court Judges Purpose: Enhance the improvement of the superior court and the administration of justice through leadership, training, policy development, and budgetary and fiscal administration. Total Funds $1,292,924 Federal Funds and Grants $0 Other Funds $0 State Funds $1,292,924 State General Funds $1,292,924 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 (HB990) $1,483,201 $1,483,201 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($65,197) ($65,197) 1506 JOURNAL OF THE SENATE Provide for an additional reduction to operations. Reduce funding for personal services and operating expenses. Amount appropriated in this Act ($40,000) ($85,080) $1,292,924 ($40,000) ($85,080) $1,292,924 9.3. Judicial Administrative Districts Purpose: 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 $2,032,868 Federal Funds and Grants $0 Other Funds $0 State Funds $2,032,868 State General Funds $2,032,868 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,348,845 $2,348,845 Reduce the State Health Benefit Plan ($90,374) ($90,374) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($38,758) ($38,758) Reduce funding for personal services and operating expenses. ($162,485) ($162,485) Defer the FY 09 cost-of-living adjustment. ($24,360) ($24,360) Amount appropriated in this Act $2,032,868 $2,032,868 9.4. Superior Court Judges Purpose: Serve as a 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 50 provided by law are to be allocated back to TUESDAY, MARCH 10, 2009 1507 the circuits by caseload ranks. Total Funds $52,511,072 Federal Funds and Grants $0 Other Funds $0 State Funds $52,511,072 State General Funds $52,511,072 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 (HB990) $58,038,504 $58,038,504 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $10,169 $10,169 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($3,039,290) ($3,039,290) Provide for an additional reduction to ($744,222) ($744,222) operations. Reduce funding for personal services and operating expenses. ($1,874,089) ($1,874,089) Provide for an emergency judge replacement in the Piedmont Circuit. $60,000 $60,000 Provide additional travel based on mileage increases. $60,000 $60,000 Amount appropriated in this Act $52,511,072 $52,511,072 Section 10: Supreme Court Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $7,815,547 $0 $0 $7,815,547 $7,815,547 $0 1508 JOURNAL OF THE SENATE 10.1. Supreme Court Purpose: Serve as 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 $7,815,547 Federal Funds and Grants $0 Other Funds $0 State Funds $7,815,547 State General Funds $7,815,547 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $8,837,974 $8,837,974 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $14,433 $14,433 Defer state employees' salary increases effective January 1, 2009. ($89,806) ($89,806) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($443,565) ($443,565) Provide for an additional reduction to operations. $0 $0 Reduce funding for operating expenses. ($503,489) ($503,489) Amount appropriated in this Act $7,815,547 $7,815,547 Section 11: Accounting Office, State Total Funds Federal Funds and Grants Other Funds $14,375,086 $0 $0 TUESDAY, MARCH 10, 2009 1509 State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $4,089,053 $4,089,053 $10,286,033 $10,286,033 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 $14,375,086 Federal Funds and Grants $0 Other Funds $0 State Funds $4,089,053 State General Funds $4,089,053 Intra-State Government Transfers $10,286,033 Other Intra-State Government Payments $10,286,033 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $5,456,173 $15,742,206 Reflect allocation of telecommunication expenses resulting from the GAIT $14,051 $14,051 Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($40,448) ($40,448) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through ($192,171) ($192,171) June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($44,720) ($44,720) Reduce operating expenses. ($528,832) ($528,832) Reduce personal service costs to reflect projected expenditures. ($250,000) ($250,000) Reduce funds for contracts. ($325,000) ($325,000) 1510 JOURNAL OF THE SENATE Amount appropriated in this Act $4,089,053 $14,375,086 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 $157,896,982 $0 $22,711,031 $11,877,016 $10,834,015 $6,226,352 $6,226,352 $128,959,599 $128,959,599 12.1. Administration Purpose: Provide administrative support to all department programs. Total Funds $5,341,646 Federal Funds and Grants $0 Other Funds $3,871,616 Other Funds - Not Specifically Identified $3,871,616 State Funds $1,470,030 State General Funds $1,470,030 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $3,358,438 $5,994,354 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. ($24,906) ($24,906) Defer state employees' salary increases ($95,231) ($95,231) effective January 1, 2009. TUESDAY, MARCH 10, 2009 1511 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce contract funds. Reduce operating expenses. Reduce funds for personal services. Replace state funds with other funds from the State Purchasing program. Amount appropriated in this Act ($80,557) $0 ($203,997) ($63,549) ($184,468) ($1,235,700) $1,470,030 ($80,557) $0 ($203,997) ($63,549) ($184,468) $0 $5,341,646 12.2. Fleet Management Purpose: In conjunction with the Office of Planning and Budget, centralize state government motor vehicle fleet management functions to ensure efficient and costeffective fleet operations and to minimize the life-cycle costs associated with vehicle ownership. Total Funds $2,259,903 Federal Funds and Grants $0 Other Funds $1,387,079 Other Funds - Not Specifically Identified $1,387,079 State Funds $872,824 State General Funds $872,824 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 $1,705,000 $3,092,079 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. ($106,176) ($106,176) Reduce operating expenses. ($50,657) ($50,657) Reduce funds for personal services. ($400,000) ($400,000) 1512 JOURNAL OF THE SENATE Reduce state funds designated for a consultant assessment of the current fleet operations management information system. Amount appropriated in this Act ($275,343) $872,824 ($275,343) $2,259,903 12.3. 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 $1,079,669 Other Funds $1,079,669 Agency Funds $1,079,669 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $0 $1,130,155 (HB990) Reduce other funds ($31,186) and eliminate 1 filled clerk position. $0 ($31,186) Reduce other funds ($2,300) for operating expenses to reflect projected expenditures. $0 ($2,300) Reduce other funds ($17,000) for motor vehicle purchases to reflect projected expenditures. $0 ($17,000) Amount appropriated in this Act $0 $1,079,669 12.4. Risk Management Purpose: Minimize cost and provide fair treatment of citizens through effective claims management. Total Funds $128,959,599 Intra-State Government Transfers $128,959,599 Self Insurance Trust Fund Payments $128,959,599 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $0 $129,880,757 TUESDAY, MARCH 10, 2009 1513 Reduce other funds ($192,873) for personal services and eliminate 6 vacant positions. Reduce other funds ($283,000) for contractual services. Reduce other funds ($445,285) for operating expenses to reflect projected expenditures. Amount appropriated in this Act $0 ($192,873) $0 ($283,000) $0 ($445,285) $0 $128,959,599 12.5. 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 $10,760,425 Federal Funds and Grants $0 Other Funds $10,760,425 Agency Funds $6,898,546 Other Funds - Not Specifically Identified $3,861,879 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 (HB990) $4,241,671 $14,971,472 Reduce the State Health Benefit Plan ($83,846) ($83,846) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Replace state funds with reserves to fund operating expenses. ($4,157,825) ($4,157,825) Recognize $1,266,324 in other funds from $0 $1,266,324 state surplus existing reserves to fund the State Purchasing program. Transfer $1,235,700 in other funds to the Administration program. $0 ($1,235,700) Amount appropriated in this Act $0 $10,760,425 1514 JOURNAL OF THE SENATE 12.6. 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 $1,622,935 Federal Funds and Grants $0 Other Funds $1,622,935 Other Funds - Not Specifically Identified $1,622,935 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 (HB990) $0 $4,657,141 Realize other funds savings ($1,767,882) for operating expenses due to the closure of the Americus, Swainsboro and Tucker warehouses and eliminate positions. $0 ($1,767,882) Redirect $1,266,324 in other funds in existing reserves to fund the State Purchasing program. $0 ($1,266,324) Amount appropriated in this Act $0 $1,622,935 12.7. 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 Other Funds - Not Specifically Identified $90,506 State Funds $0 Intra-State Government Transfers $0 The following appropriations are for agencies attached for administrative purposes. TUESDAY, MARCH 10, 2009 1515 12.8. Health Planning Review Board Purpose: Review decisions made by hearing officers. Total Funds $53,882 Federal Funds and Grants $0 Other Funds $0 State Funds $53,882 State General Funds $53,882 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $60,473 $60,473 Provide for an additional reduction to operations. ($544) ($544) Reduce contract funds. ($6,047) ($6,047) Amount appropriated in this Act $53,882 $53,882 12.9. Office of State Administrative Hearings Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies. Total Funds $3,588,300 Federal Funds and Grants $0 Other Funds $608,684 Agency Funds $608,684 State Funds $2,979,616 State General Funds $2,979,616 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,576,847 $4,185,531 Defer state employees' salary increases effective January 1, 2009. ($39,203) ($39,203) 1516 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce operating expenses. Amount appropriated in this Act ($216,704) $0 ($341,324) $2,979,616 ($216,704) $0 ($341,324) $3,588,300 12.10. 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 $3,290,117 Other Funds $3,290,117 Agency Funds $3,290,117 12.11. Compensation Per General Assembly Resolutions Purpose: Fund HR102 of the 2007 Session. Total Funds State Funds State General Funds $850,000 $850,000 $850,000 Section 13: Agriculture, 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 $52,962,675 $8,049,321 $8,049,321 $3,564,689 $3,564,689 $41,348,665 $41,348,665 $0 13.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds $5,527,411 TUESDAY, MARCH 10, 2009 1517 Federal Funds and Grants $69,500 Federal Funds Not Specifically Identified $69,500 Other Funds $258,721 Other Funds - Not Specifically Identified $258,721 State Funds $5,199,190 State General Funds $5,199,190 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $6,571,774 $6,899,995 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $37,859 $37,859 Defer state employees' salary increases effective January 1, 2009. ($44,054) ($44,054) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and ($266,686) ($266,686) to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($100,000) ($100,000) Reduce operating expenses. ($868,084) ($868,084) Eliminate 1 filled and 2 vacant positions. ($131,619) ($131,619) Amount appropriated in this Act $5,199,190 $5,527,411 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 $3,473,564 State Funds $3,473,564 State General Funds $3,473,564 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds 1518 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Reduce funding for Athens/Tifton Diagnostic Labs. Amount appropriated in this Act $3,775,613 ($302,049) $3,473,564 $3,775,613 ($302,049) $3,473,564 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 $30,890,798 Federal Funds and Grants $7,199,221 Federal Funds Not Specifically Identified $7,199,221 Other Funds $1,835,000 Other Funds - Not Specifically Identified $1,835,000 State Funds $21,856,577 State General Funds $21,856,577 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $24,393,914 $33,428,135 Reflect allocation of telecommunication $55,250 $55,250 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($346,718) ($346,718) Reduce the State Health Benefit Plan ($1,313,036) ($1,313,036) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. $0 $0 Reduce operating expenses. ($972,833) ($972,833) TUESDAY, MARCH 10, 2009 1519 Provide funding for one food safety specialist and three food safety inspectors. (CC:Fund one food safety specialist and three food safety inspectors.) Amount appropriated in this Act $40,000 $21,856,577 $40,000 $30,890,798 13.4. Marketing and Promotion Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally. Total Funds $9,672,479 Federal Funds and Grants $780,600 Federal Funds Not Specifically Identified $780,600 Other Funds $1,470,968 Other Funds - Not Specifically Identified $1,470,968 State Funds $7,420,911 State General Funds $7,420,911 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 $8,339,788 $10,591,356 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $19,252 $19,252 Defer state employees' salary increases ($40,459) ($40,459) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($247,978) ($247,978) Reduce operating expenses. ($699,692) ($699,692) Provide for marketing funds for emerging international markets. $50,000 $50,000 Amount appropriated in this Act $7,420,911 $9,672,479 1520 JOURNAL OF THE SENATE 13.5. Poultry Veterinary Diagnostic Labs Purpose: Provide poultry disease diagnostic and monitoring services with a focus on avian influenza. Total Funds $3,398,423 Federal Funds and Grants $0 Other Funds $0 State Funds $3,398,423 State General Funds $3,398,423 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 (HB990) $3,638,336 $3,638,336 Defer state employees' salary increases effective January 1, 2009. ($76,184) ($76,184) Reduce funding for Poultry Veterinary Diagnostic Labs. ($163,729) ($163,729) Amount appropriated in this Act $3,398,423 $3,398,423 Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $11,808,125 $0 $0 $11,808,125 $11,808,125 $0 14.1. Administration Purpose: Provide administrative support to all department programs. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $1,862,023 $0 $0 $1,862,023 $1,862,023 $0 TUESDAY, MARCH 10, 2009 1521 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,089,102 $2,089,102 Defer state employees' salary increases effective January 1, 2009. ($21,808) ($21,808) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($120,653) ($120,653) Eliminate 1 vacant district information ($101,363) ($101,363) systems specialist position. Realign funding based on anticipated expenditures. $16,745 $16,745 Amount appropriated in this Act $1,862,023 $1,862,023 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 $523,227 Federal Funds and Grants $0 Other Funds $0 State Funds $523,227 State General Funds $523,227 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $550,974 $550,974 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $648 $648 1522 JOURNAL OF THE SENATE Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Realign funding based on anticipated expenditures. Amount appropriated in this Act ($6,555) ($32,840) $11,000 $523,227 ($6,555) ($32,840) $11,000 $523,227 14.3. Consumer Protection and Assistance Purpose: Assist consumers with problems encountered when dealing with department regulated entities. Total Funds $311,094 Federal Funds and Grants $0 Other Funds $0 State Funds $311,094 State General Funds $311,094 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $660,553 $660,553 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,603 $1,603 Defer state employees' salary increases effective January 1, 2009. ($6,872) ($6,872) Realign funding based on anticipated expenditures. ($124,966) ($124,966) Eliminate 2 consumer and legal affairs ($219,224) ($219,224) specialists and 1 administrative assistant position, and transfer 1 legal and consumer affairs specialist to the Financial Institution Supervision program. Amount appropriated in this Act $311,094 $311,094 TUESDAY, MARCH 10, 2009 1523 14.4. Financial Institution Supervision Purpose: Provide for safe and sound operation of Georgia state-chartered financial institutions, and protect the interests of the depositors, creditors, and shareholders of those institutions. Total Funds $7,381,314 Federal Funds and Grants $0 Other Funds $0 State Funds $7,381,314 State General Funds $7,381,314 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $7,757,393 $7,757,393 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $43,163 $43,163 Defer state employees' salary increases effective January 1, 2009. ($87,276) ($87,276) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($453,342) ($453,342) Realize efficiencies through reduced travel. ($1,500) ($1,500) Redistribute funding and 1 position from Consumer Protection and Assistance program. $122,876 $122,876 Amount appropriated in this Act $7,381,314 $7,381,314 14.5. Mortgage Supervision Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices, and enforce applicable laws and regulations. Total Funds $1,730,467 Federal Funds and Grants $0 1524 JOURNAL OF THE SENATE Other Funds $0 State Funds $1,730,467 State General Funds $1,730,467 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $1,840,251 $1,840,251 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $883 $883 Defer state employees' salary increases ($18,077) ($18,077) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($107,090) ($107,090) Realize efficiencies through reduced travel. ($1,500) ($1,500) Realign funding based on anticipated expenditures. $16,000 $16,000 Amount appropriated in this Act $1,730,467 $1,730,467 Section 15: Community Affairs, Department of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant 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 $206,546,554 $167,079,288 $100,000 $166,979,288 $14,550,665 $14,550,665 $24,741,601 $24,741,601 $175,000 $175,000 TUESDAY, MARCH 10, 2009 1525 15.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds $5,276,861 Federal Funds and Grants $1,611,802 Federal Funds Not Specifically Identified $1,611,802 Other Funds $1,822,101 Other Funds - Not Specifically Identified $1,822,101 State Funds $1,842,958 State General Funds $1,842,958 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 (HB990) $2,233,357 $5,571,760 Reflect allocation of telecommunication $37,841 $37,841 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($19,327) ($19,327) Reduce the State Health Benefit Plan ($98,413) ($98,413) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. $0 $0 Reduce operating expenses. ($15,000) ($15,000) Reduce personal service costs to reflect projected expenditures. ($200,000) ($200,000) Replace state funds with other funds for 2 ($95,500) $0 administrative positions. Amount appropriated in this Act $1,842,958 $5,276,861 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. 1526 JOURNAL OF THE SENATE Total Funds $504,070 Federal Funds and Grants $0 Other Funds $296,345 Other Funds - Not Specifically Identified $296,345 State Funds $207,725 State General Funds $207,725 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $314,573 $554,277 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $630 $630 Defer state employees' salary increases effective January 1, 2009. ($3,428) ($3,428) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and ($17,409) ($17,409) to 0%, effective March 1, 2009.) Reduce contract funds. ($30,000) ($30,000) Replace state funds with other funds for a ($56,641) $0 construction codes consultant position. Amount appropriated in this Act $207,725 $504,070 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 $3,488,415 Federal Funds and Grants $0 Other Funds $50,918 Other Funds - Not Specifically Identified $50,918 State Funds $3,437,497 TUESDAY, MARCH 10, 2009 1527 State General Funds $3,437,497 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,850,247 $3,901,165 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,936 $1,936 Defer state employees' salary increases effective January 1, 2009. ($20,741) ($20,741) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($100,334) ($100,334) Reduce contract funds. ($176,856) ($176,856) Eliminate 2 vacant planner positions. ($116,755) ($116,755) Amount appropriated in this Act $3,437,497 $3,488,415 15.4. Environmental Education and Assistance Purpose: Provide technical assistance, resource tools, and public education outreach resources. Total Funds $4,276,385 Federal Funds and Grants $6,000 Federal Funds Not Specifically Identified $6,000 Other Funds $3,380,480 Other Funds - Not Specifically Identified $3,380,480 State Funds $889,905 State General Funds $889,905 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,058,445 $4,444,925 1528 JOURNAL OF THE SENATE Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contract funds. Eliminate vacant human services program auditor position. Amount appropriated in this Act $1,639 ($7,328) ($55,851) ($54,000) ($53,000) $889,905 $1,639 ($7,328) ($55,851) ($54,000) ($53,000) $4,276,385 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 $47,130,102 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 $1,735,105 State General Funds $1,735,105 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $2,066,924 $47,461,921 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $2,961 $2,961 Defer state employees' salary increases ($20,467) ($20,467) effective January 1, 2009. TUESDAY, MARCH 10, 2009 1529 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce personal service costs to reflect projected expenditures. Eliminate 1 vacant assistant commissioner position. Reduce funds from Hands on Georgia challenge grants. Amount appropriated in this Act ($61,342) ($65,000) ($167,971) ($20,000) $1,735,105 ($61,342) ($65,000) ($167,971) ($20,000) $47,130,102 15.6. Homeownership Programs Purpose: Expand the supply of standard affordable housing through rehabilitation and construction, and provide homeownership opportunities for low and moderateincome individuals. Total Funds $4,631,991 Federal Funds and Grants $794,163 Federal Funds Not Specifically Identified $794,163 Other Funds $3,837,828 Other Funds - Not Specifically Identified $3,837,828 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 $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 (HB990) $6,000,000 $6,000,000 1530 JOURNAL OF THE SENATE Eliminate funding for all Local Assistance Grants originally approved and included in H.B. 990. Amount appropriated in this Act ($6,000,000) $0 ($6,000,000) $0 15.8. Regional Services Purpose: Assist in the marketing, development, and implementation of housing and community and economic development projects and services. Total Funds $2,442,937 Federal Funds and Grants $0 Other Funds $500,000 Other Funds - Not Specifically Identified $500,000 State Funds $1,767,937 State General Funds $1,767,937 Intra-State Government Transfers $175,000 Other Intra-State Government Payments $175,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $2,435,333 $2,935,333 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,810 $1,810 Defer state employees' salary increases ($17,999) ($17,999) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($117,832) ($117,832) Reduce contract funds. ($25,000) ($25,000) Reduce operating expenses. ($27,390) ($27,390) Eliminate 1 vacant resource coordinator position. ($38,495) ($38,495) TUESDAY, MARCH 10, 2009 1531 Reduce funds from grants for local governments through the Signatures Communities program. (CC:Reduce funds from grants for local governments through the Signature Communities and Communities of Opportunity programs and fund Communities of Opportunity grants through the OneGeorgia Authority.) Reduce additional funds provided in FY 2009 for the Georgia Rural Water Association. Reduce funds and transfer 2 rural economic development positions for the final quarter of FY09 to the OneGeorgia Authority. Amount appropriated in this Act ($350,000) ($50,000) ($42,490) $1,767,937 ($175,000) ($50,000) ($42,490) $2,442,937 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 $123,975,846 Federal Funds and Grants $118,208,730 Federal Funds Not Specifically Identified $118,208,730 Other Funds $3,067,096 Other Funds - Not Specifically Identified $3,067,096 State Funds $2,700,020 State General Funds $2,700,020 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 (HB990) $3,287,829 $124,563,655 Reduce matching funds for the Affordable Home program. ($587,809) ($587,809) Amount appropriated in this Act $2,700,020 $123,975,846 15.10. Research and Surveys 1532 JOURNAL OF THE SENATE Purpose: Conduct surveys and collect financial/management data from local governments and authorities as directed by statute. Total Funds $552,840 Federal Funds and Grants $0 Other Funds $24,163 Other Funds - Not Specifically Identified $24,163 State Funds $528,677 State General Funds $528,677 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $629,847 $654,010 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $809 $809 Defer state employees' salary increases effective January 1, 2009. ($6,000) ($6,000) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($32,786) ($32,786) Reduce contract funds. ($20,693) ($20,693) Reduce operating expenses. ($25,000) ($25,000) Eliminate funds for temporary positions. ($17,500) ($17,500) Amount appropriated in this Act $528,677 $552,840 15.11. Special Housing Initiatives Purpose: Provide funding for special housing initiatives. Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds $5,794,954 $1,354,596 $100,000 $1,254,596 $1,107,466 TUESDAY, MARCH 10, 2009 1533 Other Funds - Not Specifically Identified $1,107,466 State Funds $3,332,892 State General Funds $3,332,892 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,632,892 $6,094,954 Remove new funds provided in FY 2009 for ($300,000) ($300,000) caseworkers to assist homeless families. Amount appropriated in this Act $3,332,892 $5,794,954 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 $1,242,263 Federal Funds and Grants $5,000 Federal Funds Not Specifically Identified $5,000 Other Funds $0 State Funds $1,237,263 State General Funds $1,237,263 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,395,728 $2,400,728 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $2,424 $2,424 Defer state employees' salary increases effective January 1, 2009. ($11,999) ($11,999) 1534 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce operating expenses. Reduce contract funds. Delete new funds provided in FY 2009 for an emergency operation facility in Fayette County. Delete new funds provided in FY 2009 for the construction of an ADA compliant regional athletic facility in Hall County. Delete new funds provided in FY 2009 to renovate and expand the Tift County Multipurpose Livestock Building. Delete new funds provided in FY 2009 to renovate and expand the Jeff Davis County Multipurpose Livestock Building. Delete new funds provided in FY 2009 for the City of Porterdale Community Center Gymnasium reconstruction. Amount appropriated in this Act ($68,890) ($20,000) ($60,000) ($200,000) ($300,000) ($125,000) ($175,000) ($200,000) $1,237,263 ($68,890) ($20,000) ($60,000) ($200,000) ($300,000) ($125,000) ($175,000) ($200,000) $1,242,263 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 $2,200,096 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 $2,031,828 State General Funds $2,031,828 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 10, 2009 1535 Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Eliminate funds for the Life Sciences Facilities Fund. (CC:Eliminate the LSFF and transfer remaining reserves to the REBA program.) Remove funds for the Georgia Cities grant due to completion of state's commitment to provide dollar for dollar match with a private foundation. Reduce funds from the Regional Economic Business Assistance (REBA) program. Amount appropriated in this Act State Funds $8,939,055 $1,015 ($1,063) ($3,897) ($4,403,282) ($1,500,000) ($1,000,000) $2,031,828 Total Funds $9,107,323 $1,015 ($1,063) ($3,897) ($4,403,282) ($1,500,000) ($1,000,000) $2,200,096 The following appropriations are for agencies attached for administrative purposes. 15.14. Payments to Georgia Environmental Facilities Authority Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $967,325 Federal Funds and Grants $0 Other Funds $0 State Funds $967,325 State General Funds $967,325 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the 1536 JOURNAL OF THE SENATE previous appropriation act: Amount from prior Appropriation Act (HB990) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reflect H.B. 473 and establish a Clean Energy Grant program for renewable energy and energy efficiency to be administered by the Georgia Environmental Facilities Authority. Reduce funds for Water Sewer Grants. Reduce funds in the Land Conservation program. Reduce funds the State Energy Strategy ($477,616), dues for the Southern States Energy Board ($35,782), and 1 position to coordinate energy savings programs added in HB 990(FY09)($139,232). (CC:Restore funds for dues for the Southern States Energy Board.) Amount appropriated in this Act State Funds $11,725,014 ($24,033) ($16,026) $0 ($100,000) ($10,000,000) ($617,630) $967,325 Total Funds $11,725,014 ($24,033) ($16,026) $0 ($100,000) ($10,000,000) ($617,630) $967,325 15.15. Payments to Georgia Regional Transportation Authority Purpose: Improve Georgia's mobility, air quality, and land use practices. Total Funds $4,062,469 Federal Funds and Grants $0 Other Funds $0 State Funds $4,062,469 State General Funds $4,062,469 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 10, 2009 1537 Amount from prior Appropriation Act (HB990) Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Replace state funds with other funds for operating expenses. Amount appropriated in this Act State Funds $4,857,300 ($52,736) ($239,790) ($41,201) ($461,104) $4,062,469 Total Funds $4,857,300 ($52,736) ($239,790) ($41,201) ($461,104) $4,062,469 15.16. Payments to OneGeorgia Authority Purpose: Provide funds for the OneGeorgia 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 $47,123,333 $47,803,976 (HB990) Transfer implementation grants for the $0 $0 Communities of Opportunity program from the Department of Community Affairs and fund with existing funds. Transfer two rural economic development $0 $0 positions from the Department of Community Affairs for the final quarter of FY09 and fund with existing funds. Replace Tobacco Settlement Funds with other funds for operations. ($47,123,333) ($47,803,976) 1538 JOURNAL OF THE SENATE Amount appropriated in this Act $0 $0 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 Prior Year Funds - Other Prior Year funds State General Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies $10,722,035,612 $5,835,706,444 $5,582,667,629 $253,038,815 $466,656,454 $77,203,464 $139,386,524 $30,345,470 $219,720,996 $1,930,530,487 $114,404,322 $1,816,126,165 $2,489,142,227 $2,208,284,965 $280,857,262 16.1. Administration Purpose: Provide administrative support to all departmental programs. Total Funds $401,799,987 Federal Funds and Grants $286,433,958 Medical Assistance Program $263,279,923 State Children's Insurance Program $23,154,035 Other Funds $232,160 Agency Funds $232,160 State Funds $93,270,005 State General Funds $93,270,005 Intra-State Government Transfers $21,863,864 Health Insurance Payments $21,863,864 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $106,922,412 $431,809,973 TUESDAY, MARCH 10, 2009 1539 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funds for under-utilized contracts (Total Funds: $22,688,509). Reduce funds for personal services by maintaining vacant positions. Reduce operating expenses. Reduce funds for the Health Information Exchange contract. (CC:Provide funds to continue implementation of the Health Information Exchange pilot program.) Amount appropriated in this Act $57,047 ($224,411) ($838,238) $0 ($10,193,410) ($1,064,215) ($1,389,180) $0 $93,270,005 $57,047 ($510,000) ($1,961,734) $0 ($22,688,509) ($2,128,430) ($2,778,360) $0 $401,799,987 16.2. Aged, Blind and Disabled Medicaid Purpose: Improve healthcare access primarily to elderly and disabled individuals. Total Funds $4,195,853,626 Federal Funds and Grants $2,854,993,447 Medical Assistance Program $2,854,993,447 Other Funds $229,684,470 Agency Funds $62,342,988 Prior Year funds State General Funds $167,341,482 State Funds $843,887,077 State General Funds $843,887,077 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 1540 JOURNAL OF THE SENATE previous appropriation act: Amount from prior Appropriation Act (HB990) Defer rate increases provided for in FY 2009 for the following service providers: ambulance ($1,400,743), dental ($90,553), home health ($1,136,283), inpatient and outpatient hospital ($8,669,645), physician ($3,420,322), HealthCheck ($18,261), digital mammography ($113,492), global maternity ($436,612), and personal support services in the Independent Care Waiver Program (ICWP) ($354,680) (Total Funds: $43,615,702). Reflect savings from the public assistance reporting and information system (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payors. Defer conversion to Fair Rental Value Scale (FRVS) indices for the nursing home per diem rate provided for in FY 2009. Defer the cost report update and 1% quality incentive payment for nursing facilities provided for in FY 2009. Delay implementation of 75 new Independent Care Waiver Program (ICWP) slots until January 1, 2009. Reduce funds to reflect projected FY 2009 state funds surplus. Perform expedited eligibility reviews of Ex Parte Medicaid members. Recognize additional savings from fraud and abuse recoveries. Reflect audited FY 2008 Incurred But Not Reported claim liability. Reflect additional Incurred But Not Reported (IBNR) claims reserves. State Funds $1,138,859,171 ($15,640,591) ($799,673) ($12,658,580) ($6,784,574) ($586,822) ($18,030,020) ($1,931,710) ($1,326,011) $0 ($14,820,314) Total Funds $3,998,933,946 ($43,615,702) ($2,229,986) ($35,300,000) ($18,919,615) ($1,636,425) ($50,278,918) ($5,386,810) ($3,697,744) $361,451,531 $0 TUESDAY, MARCH 10, 2009 1541 Increase federal funds to reflect change in Medicaid federal participation rate. Replace state general funds with prior year reserves from the Indigent Care Trust Fund. Amount appropriated in this Act ($221,150,658) ($1,243,141) $843,887,077 $0 ($3,466,651) $4,195,853,626 16.3. Health Care Access and Improvement Purpose: Improve the health, wellness and access to healthcare for Georgians. Total Funds $11,744,760 Federal Funds and Grants $587,148 Medical Assistance Program $587,148 Other Funds $100,000 Agency Funds $100,000 State Funds $11,057,612 State General Funds $11,057,612 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $25,584,060 $26,272,898 Reflect allocation of telecommunication expenses resulting from the GAIT $117 $117 Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($6,488) ($6,553) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through ($170,077) ($171,702) June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Defer funds for the Southeastern Firefighter's Burn Foundation provided for in FY 2009. ($400,000) ($400,000) Reduce funding for the Office of Rural ($250,000) ($250,000) Health Community Service grants. 1542 JOURNAL OF THE SENATE Defer funds for the Georgia Association of Primary Health Care provided for in FY 2009. (CC:Provide funding to the Georgia Association for Primary Health Care for start-up expenses incurred by new Community Health Centers at the following sites: Montgomery County, Jones County, Clarke County, and Effingham County and 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.) Defer funds for safety net clinics provided for in FY 2009. Defer funds for the Georgia Marketplace Authority provided for in FY 2009. Defer funds for the Wellness Incentive Pilot program provided for in FY 2009. Defer funds for the Rural Health Initiative provided for in FY 2009. Amount appropriated in this Act $0 ($950,000) ($2,000,000) ($150,000) ($10,600,000) $11,057,612 $0 ($950,000) ($2,000,000) ($150,000) ($10,600,000) $11,744,760 16.4. Indigent Care Trust Fund Purpose: Support rural and other healthcare providers, primarily hospitals that serve medically indigent Georgians. Total Funds $412,381,245 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 $13,718,752 State General Funds $13,718,752 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 10, 2009 1543 Amount from prior Appropriation Act (HB990) Provide state matching funds for private hospitals considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. (CC:Provide state matching funds for private hospitals seeking federal Disproportionate Share Hospital (DSH) funds.) Amount appropriated in this Act State Funds $0 $13,718,752 $13,718,752 Total Funds $398,662,493 $13,718,752 $412,381,245 16.5. Low-Income Medicaid Purpose: Improve healthcare access primarily to low-income individuals. Total Funds $2,778,410,037 Federal Funds and Grants $1,984,656,867 Medical Assistance Program $1,984,656,867 Other Funds $64,362,376 Agency Funds $12,328,316 Prior Year funds State General Funds $52,034,060 State Funds $715,973,947 Tobacco Funds $114,404,322 State General Funds $601,569,625 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 (HB990) $967,807,351 $3,154,813,458 1544 JOURNAL OF THE SENATE Defer rate increases provided for in FY 2009 for the following service providers: ambulance ($49,439), dental ($920,625), home health ($232,918), inpatient and outpatient hospital ($12,907,415), physician ($6,634,288), HealthCheck ($491,362), digital mammography ($223,778), global maternity ($1,245,828), and personal support services in the Independent Care Waiver Program (ICWP) ($918) (Total Funds: $63,320,053). Recognize additional savings from fraud and abuse recoveries. Reflect savings from the public assistance reporting and information system (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payors. Reduce funds to reflect projected FY 2009 state funds surplus. Replace state general funds with tobacco funds for Medicaid benefits. (CC:YES) Perform expedited eligibility reviews of Ex Parte Medicaid members. Reflect audited FY 2008 Incurred But Not Reported claim liability. Reduce funds to reflect revised Care Management Organization (CMO) fee projections. Increase federal funds to reflect change in Medicaid federal participation rate. Amount appropriated in this Act ($22,706,571) ($215,862) ($993,327) ($19,219,286) $0 ($1,608,710) $0 ($1,240,306) ($205,849,342) $715,973,947 ($63,320,054) ($601,958) ($2,770,014) ($53,595,332) $0 ($4,486,085) ($248,171,233) ($3,458,745) $0 $2,778,410,037 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 $346,799,156 Federal Funds and Grants $222,074,275 TUESDAY, MARCH 10, 2009 1545 Medical Assistance Program $222,074,275 Other Funds $0 State Funds $124,724,881 State General Funds $124,724,881 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $120,805,958 $335,870,759 Increase nursing home provider fee $3,918,923 $10,928,397 collections to reflect updated projection. Amount appropriated in this Act $124,724,881 $346,799,156 16.7. PeachCare Purpose: Improve access to healthcare for qualified low-income Georgia children. Total Funds $306,935,487 Federal Funds and Grants $229,884,780 State Children's Insurance Program $229,884,780 Other Funds $345,454 Prior Year funds State General Funds $345,454 State Funds $76,553,470 State General Funds $76,553,470 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 $98,672,929 $393,671,223 (HB990) 1546 JOURNAL OF THE SENATE Defer rate increases provided for in FY 2009 for the following service providers: ambulance ($47,866), dental ($216,322), home health ($4,254), inpatient and outpatient hospital ($613,266), physician ($230,301), HealthCheck ($47,683), digital mammography ($21,146), and global maternity ($104,078) (Total Funds: $5,119,187). Reduce funds to reflect revised CMO fee projections. Reduce funds to reflect projected FY 2009 state funds surplus. Reflect audited FY 2008 Incurred But Not Reported claim liability. Amount appropriated in this Act ($1,284,916) ($3,215,498) ($17,619,045) $0 $76,553,470 ($5,119,187) ($12,810,749) ($70,195,398) $1,389,598 $306,935,487 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 $2,216,766,571 Federal Funds and Grants $0 Other Funds $30,345,470 Prior Year Funds - Other $30,345,470 State Funds $0 Intra-State Government Transfers $2,186,421,101 Health Insurance Payments $2,186,421,101 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $0 $2,704,743,166 Increase Health Insurance Payments to reflect projected revenue. $0 $295,535,893 TUESDAY, MARCH 10, 2009 1547 Reduce employer contribution rate for state employees from 22.165% to 1.926%, reduce employer contribution rate for teachers, librarians and school employees from 18.534% to 8.579%, reduce state contribution for non-certificated employees and retirees, and use reserves. (Revised: Reflect an adjustment from 1.926% to 0% for state employees effective March 1, 2009 through June 30, 2009, and reflect an adjustment from 8.579% to 3.668% for teachers and school employees effective March 1, 2009 through June 30, 2009.) Amount appropriated in this Act $0 ($783,512,488) $0 $2,216,766,571 For Fiscal Year 2009, it is the intent of this General Assembly that the employer contribution rate to the State Health Benefit Plan on behalf of teachers shall not exceed 18.534% for July 1, 2008 through January 31, 2009, 8.579% for February, and 3.668% for March 1, 2008 through June 30, 2009; and the employer contribution rate on behalf of state employees shall not exceed 22.165% for July 1, 2008 through January 31, 2009, 1.926% for February, and 0% for March 1, 2009 through June 30, 2009. 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 $2,040,249 Federal Funds and Grants $0 Other Funds $0 State Funds $2,040,249 State General Funds $2,040,249 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,394,849 $2,394,849 1548 JOURNAL OF THE SENATE Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for case reviewers ($40,000) and medical peer reviews ($24,000). Reduce funds for telecommunication and rent expenses to reflect anticipated revenues. Reduce hearing-related operating expenses, including employee travel, newsletter and publications expenses. Amount appropriated in this Act ($25,552) ($126,531) ($20,696) ($64,000) ($60,821) ($57,000) $2,040,249 ($25,552) ($126,531) ($20,696) ($64,000) ($60,821) ($57,000) $2,040,249 16.10. Georgia Board for Physician Workforce, Administration Purpose: Provide administrative support to all agency programs. Total Funds $662,876 Federal Funds and Grants $0 Other Funds $0 State Funds $662,876 State General Funds $662,876 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $855,498 $855,498 Defer state employees' salary increases ($29,146) ($29,146) effective January 1, 2009. TUESDAY, MARCH 10, 2009 1549 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Remove funding provided in FY 2009 for interns to assist on physician workforce projects. Defer medical education expansion study provided for in FY 2009. Amount appropriated in this Act ($31,476) ($10,000) ($12,000) ($110,000) $662,876 ($31,476) ($10,000) ($12,000) ($110,000) $662,876 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 $9,002,811 Federal Funds and Grants $0 Other Funds $0 State Funds $9,002,811 State General Funds $9,002,811 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $9,853,061 $9,853,061 Provide for an additional reduction to operations. ($25,000) ($25,000) Reduce new funding provided in FY 2009 for graduate medical education. (CC:Reduce funding by 3.5% for all graduate medical education.) ($343,977) ($343,977) Defer funding for the Athens/Gainesville Area Development. ($481,273) ($481,273) Amount appropriated in this Act $9,002,811 $9,002,811 1550 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 $22,922,360 Federal Funds and Grants $0 Other Funds $0 State Funds $22,922,360 State General Funds $22,922,360 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $24,560,862 $24,560,862 Provide for an additional reduction to operations. $0 $0 Decrease Mercer University School of Medicine operating grant by 6.7%. ($1,638,502) ($1,638,502) Amount appropriated in this Act $22,922,360 $22,922,360 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 $12,130,220 Federal Funds and Grants $0 Other Funds $0 State Funds $12,130,220 State General Funds $12,130,220 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $12,997,293 $12,997,293 (HB990) TUESDAY, MARCH 10, 2009 1551 Provide for an additional reduction to operations. Decrease Morehouse School of Medicine operating grant by 6.7%. Amount appropriated in this Act $0 ($867,073) $12,130,220 $0 ($867,073) $12,130,220 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 $3,267,424 Federal Funds and Grants $0 Other Funds $0 State Funds $3,267,424 State General Funds $3,267,424 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,538,484 $3,538,484 Provide for an additional reduction to ($35,000) ($35,000) operations. Decrease funding for the undergraduate medical education program. ($236,060) ($236,060) Amount appropriated in this Act $3,267,424 $3,267,424 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 $1,318,803 Federal Funds and Grants $0 Other Funds $0 State Funds $1,318,803 State General Funds $1,318,803 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the 1552 JOURNAL OF THE SENATE previous appropriation act: Amount from prior Appropriation Act (HB990) Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Discontinue contract with Georgia Student Finance Commission for loan and scholarship tracking, and administer internally. Decrease funds for annual medical fair to recruit physicians to rural communities. Decrease funding for medical scholarship awards. Amount appropriated in this Act State Funds $1,439,892 ($11,251) ($13,160) ($13,330) ($15,000) ($8,348) ($60,000) $1,318,803 Total Funds $1,439,892 ($11,251) ($13,160) ($13,330) ($15,000) ($8,348) ($60,000) $1,318,803 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 Other Intra-State Government Payments $1,091,939,132 $5,889,638 $5,889,638 $31,856,093 $31,856,093 $1,043,637,575 $1,043,637,575 $10,555,826 $10,555,826 17.1. Administration Purpose: Protect and serve the citizens of Georgia by administering an effective, efficient, and balanced correctional system. TUESDAY, MARCH 10, 2009 1553 Total Funds $53,395,800 Federal Funds and Grants $2,462,251 Federal Funds Not Specifically Identified $2,462,251 Other Funds $102,491 Other Funds - Not Specifically Identified $102,491 State Funds $50,831,058 State General Funds $50,831,058 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $55,017,209 $57,581,951 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $2,750,407 $2,750,407 Defer state employees' salary increases effective January 1, 2009. ($516,295) ($516,295) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,998,398) ($1,998,398) Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons. ($19,073) ($19,073) Realize efficiencies in staffing patterns for counselors, secretaries, clerks, and chaplains. ($290,588) ($290,588) Reduce cost of operations agency-wide. ($1,770,425) ($1,770,425) Consolidate training activities at the new Tift ($1,303,798) ($1,303,798) College campus. Realize savings in communications center operations through the use of updated technology. ($361,756) ($361,756) Reduce contractual services funding. ($260,100) ($260,100) Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center. ($3,405) ($3,405) 1554 JOURNAL OF THE SENATE Reduce funding for motor vehicle purchases. Amount appropriated in this Act ($412,720) $50,831,058 ($412,720) $53,395,800 17.2. Bainbridge PSATC Purpose: Provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. Total Funds $5,920,883 Federal Funds and Grants $20,743 Federal Funds Not Specifically Identified $20,743 Other Funds $172,046 Other Funds - Not Specifically Identified $172,046 State Funds $5,728,094 State General Funds $5,728,094 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $6,408,425 $6,601,214 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $371 $371 Defer state employees' salary increases ($103,998) ($103,998) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($199,718) ($199,718) Reduce cost of operations agency-wide. ($139,405) ($139,405) Reduce funds from the contract with Spectrum to provide substance abuse treatment and utilize other available revenue. ($237,581) ($237,581) Amount appropriated in this Act $5,728,094 $5,920,883 17.3. Food and Farm Operations Purpose: Raise crops and livestock, and produce dairy items used in preparing meals TUESDAY, MARCH 10, 2009 1555 for offenders. Total Funds $13,197,084 Federal Funds and Grants $0 Other Funds $2,100,000 Other Funds - Not Specifically Identified $2,100,000 State Funds $11,097,084 State General Funds $11,097,084 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $14,017,358 $16,117,358 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $18,601 $18,601 Defer state employees' salary increases effective January 1, 2009. ($80,186) ($80,186) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($292,863) ($292,863) Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons. ($69,519) ($69,519) Reduce cost of operations agency-wide. ($993,544) ($993,544) Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center. ($2,763) ($2,763) Reduce funds from reserves for operations to ($1,500,000) ($1,500,000) one and a half months. Amount appropriated in this Act $11,097,084 $13,197,084 17.4. Health Purpose: 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 $221,908,571 1556 JOURNAL OF THE SENATE Federal Funds and Grants $0 Other Funds $8,390,000 Other Funds - Not Specifically Identified $8,390,000 State Funds $213,518,571 State General Funds $213,518,571 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $218,169,039 $226,559,039 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $9,143 $9,143 Defer state employees' salary increases ($176,259) ($176,259) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($677,562) ($677,562) Adjust funds due to a change in occupancy ($1,647,950) ($1,647,950) dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons. Reduce cost of operations agency-wide. ($376,257) ($376,257) Reduce funds for inmate medical services. ($1,000,000) ($1,000,000) Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center. ($781,583) ($781,583) Amount appropriated in this Act $213,518,571 $221,908,571 17.5. Jail Subsidy Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities. Total Funds $8,596,724 Federal Funds and Grants $0 Other Funds $0 State Funds $8,596,724 TUESDAY, MARCH 10, 2009 1557 State General Funds $8,596,724 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 (HB990) $6,196,724 $6,196,724 Increase funds for County Jail Subsidy payments ($1,000,000) and transfer funds from the Offender Management program ($1,400,000). $2,400,000 $2,400,000 Amount appropriated in this Act $8,596,724 $8,596,724 17.6. Offender Management Purpose: Provide cost-effective correctional services that ensure public safety. Total Funds $42,228,133 Federal Funds and Grants $0 Other Funds $30,000 Other Funds - Not Specifically Identified $30,000 State Funds $42,198,133 State General Funds $42,198,133 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 (HB990) $44,612,613 $44,642,613 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $40,335 $40,335 Defer state employees' salary increases effective January 1, 2009. ($48,806) ($48,806) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($200,220) ($200,220) 1558 JOURNAL OF THE SENATE Reduce cost of operations agency-wide. Reduce the number of canine teams in the state from 31 to 17. Defer departmental participation on 2 regional fugitive task forces. Transfer funds to the County Jail Subsidy program as a result of managing bed space at County Correctional Institutions (CCI) at a 95% utilization rate. Amount appropriated in this Act ($183,836) ($78,782) ($543,171) ($1,400,000) $42,198,133 ($183,836) ($78,782) ($543,171) ($1,400,000) $42,228,133 17.7. Parole Revocation Centers Purpose: Provide a sanction for parole violations. Total Funds $4,544,686 Federal Funds and Grants $10,510 Federal Funds Not Specifically Identified $10,510 Other Funds $405,000 Other Funds - Not Specifically Identified $405,000 State Funds $4,129,176 State General Funds $4,129,176 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $4,658,760 $5,074,270 Reflect allocation of telecommunication expenses resulting from the GAIT $11,623 $11,623 Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($186,837) ($186,837) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer ($205,357) ($205,357) contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce cost of operations agency-wide. ($149,013) ($149,013) TUESDAY, MARCH 10, 2009 1559 Amount appropriated in this Act $4,129,176 $4,544,686 17.8. Private Prisons Purpose: Provide a cost-effective correctional service that ensures public safety. Total Funds $83,084,359 Federal Funds and Grants $0 Other Funds $0 State Funds $83,084,359 State General Funds $83,084,359 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $85,297,250 $85,297,250 Eliminate the private prison Consumer Price ($2,017,747) ($2,017,747) Index (CPI) adjustment for FY 2009. Eliminate RFP contract funds and redirect $804,856 to eliminate the population drawdown at private prisons. ($195,144) ($195,144) Amount appropriated in this Act $83,084,359 $83,084,359 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 $40,472,925 Federal Funds and Grants $671,975 Federal Funds Not Specifically Identified $671,975 Other Funds $6,002,836 Other Funds - Not Specifically Identified $6,002,836 State Funds $33,781,623 State General Funds $33,781,623 Intra-State Government Transfers $16,491 Other Intra-State Government Payments $16,491 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds 1560 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce cost of operations agency-wide. Reduce personal services due to departmentwide hiring freeze. Close the I.W. Davis and Terrell Probation Detention Centers. Redistribute funding and 47 positions to the Transition Center (TC) program to reflect the remissioning of one unit of the Emanuel Probation Detention Center as a TC. Redistribute funding and 49 positions to the State Prisons program to reflect the remissioning of West Central Probation Detention Center as a Pre-Release Center. Amount appropriated in this Act $46,960,470 $99,945 ($1,294,265) ($2,022,060) ($1,502,734) ($255,875) ($3,275,279) ($2,314,792) ($2,613,787) $33,781,623 $53,651,772 $99,945 ($1,294,265) ($2,022,060) ($1,502,734) ($255,875) ($3,275,279) ($2,314,792) ($2,613,787) $40,472,925 17.10. Probation Diversion Centers Purpose: Provide a residential sentencing option that allows offenders to continue to work in the community while receiving close supervision from corrections officials. Total Funds $4,656,356 Federal Funds and Grants $0 Other Funds $3,105,003 Other Funds - Not Specifically Identified $3,105,003 State Funds $1,551,353 State General Funds $1,551,353 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the TUESDAY, MARCH 10, 2009 previous appropriation act: Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center option by closing the 4 remaining diversion centers. Redistribute funding and 24 positions to the Probation Supervision program to continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center (DRC) option by establishing 3 new DRCs. Redistribute funding and 31 positions to the Transition Center (TC) program to reflect the remissioning of Clayton Diversion Center as a TC. Amount appropriated in this Act State Funds $7,628,790 $12,856 ($291,681) $0 ($4,568,838) ($1,073,615) ($156,159) $1,551,353 17.11. Probation Supervision Purpose: Supervise probationers. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds 1561 Total Funds $10,733,793 $12,856 ($291,681) $0 ($4,568,838) ($1,073,615) ($156,159) $4,656,356 $80,098,763 $60,032 $60,032 $159,114 $159,114 $79,879,617 1562 JOURNAL OF THE SENATE State General Funds $79,879,617 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $86,521,774 $86,740,920 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $365,784 $365,784 Defer state employees' salary increases effective January 1, 2009. ($888,066) ($888,066) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($4,383,847) ($4,383,847) Reduce personal services due to departmentwide hiring freeze. ($440,093) ($440,093) Reduce cost of operations agency-wide. ($2,344,124) ($2,344,124) Redistribute funding and 24 positions from the Probation Diversion Center program to continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center (DRC) by establishing 3 new DRCs. $1,073,615 $1,073,615 Reduce funding for motor vehicle purchases. ($25,426) ($25,426) Amount appropriated in this Act $79,879,617 $80,098,763 17.12. State Prisons Purpose: House violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $507,143,451 Federal Funds and Grants $2,664,127 Federal Funds Not Specifically Identified $2,664,127 Other Funds $11,389,603 Other Funds - Not Specifically Identified $11,389,603 TUESDAY, MARCH 10, 2009 1563 State Funds $482,781,514 State General Funds $482,781,514 Intra-State Government Transfers $10,308,207 Other Intra-State Government Payments $10,308,207 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $553,749,700 $578,111,637 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $982,187 $982,187 Defer state employees' salary increases ($11,933,141) ($11,933,141) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($24,476,802) ($24,476,802) Realize efficiencies in staffing patterns for ($444,962) ($444,962) counselors, secretaries, clerks, and chaplains. Reduce cost of operations agency-wide. ($10,994,843) ($10,994,843) Reduce the number of canine teams in the ($450,984) ($450,984) state from 31 to 17. Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons with adjustments to funding and elimination of 16 positions each at Coastal, Hays, and Ware based on a more streamlined funding model. ($4,115,386) ($4,115,386) Close 4 State Prison (SP) facilities identified ($16,517,234) ($16,517,234) as "non-enduring" in the 2007 facility master plan: Rivers SP, Wayne SP, Homerville SP, and Milan SP; and, in addition, West Georgia Boot Camp, and Pelham Pre- Release Center. 1564 JOURNAL OF THE SENATE Redistribute funding and 49 positions from the Probation Detention Center Program (PDC) to reflect the remissioning of West Central PDC as a Pre-Release Center. Reduce academic ($331,320) and vocational ($116,751) education programs. Reduce security overtime in the state prisons program through staff realignment from facility closures. Reduce personal services due to a department-wide hiring freeze. Eliminate 7 central office positions and reduce the central operating budget for statewide fire services. Reduce funds from the Residential Substance Abuse Treatment (RSAT) contract and utilize other available funds. Amount appropriated in this Act $2,613,787 ($448,071) ($4,342,733) $0 $0 ($840,004) $482,781,514 $2,613,787 ($448,071) ($4,342,733) $0 $0 ($840,004) $507,143,451 17.13. Transition Centers Purpose: Provide "work release" opportunities for inmates nearing the end of their prison term, allowing them 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 $26,691,397 Federal Funds and Grants $0 Other Funds $0 State Funds $26,460,269 State General Funds $26,460,269 Intra-State Government Transfers $231,128 Other Intra-State Government Payments $231,128 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $28,430,020 $28,661,148 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $65,382 $65,382 TUESDAY, MARCH 10, 2009 1565 Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce cost of operations agency-wide. Reduce personal services due to departmentwide hiring freeze. Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center. Redistribute funding and 31 positions from the Probation Diversion Center (DC) program to reflect the remissioning of Clayton DC as a Transition Center. Redistribute funding and 47 positions from the Probation Detention Center Program (PDC) to reflect the remissioning of one unit of the Emanuel PDC as a Transition Center. Amount appropriated in this Act ($526,551) ($1,341,410) ($865,241) ($128,409) ($1,644,473) $156,159 $2,314,792 $26,460,269 ($526,551) ($1,341,410) ($865,241) ($128,409) ($1,644,473) $156,159 $2,314,792 $26,691,397 Section 18: Defense, 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 $39,480,104 $28,312,701 $28,312,701 $816,341 $813,441 $2,900 $10,351,062 $10,351,062 $0 18.1. Administration Purpose: Provide administration to the organized militia in the State of Georgia. Total Funds $1,486,794 Federal Funds and Grants $409,445 1566 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $409,445 Other Funds $0 State Funds $1,077,349 State General Funds $1,077,349 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 (HB990) $1,326,490 $1,735,935 Reflect allocation of telecommunication $705 $705 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($13,930) ($13,930) Reduce the State Health Benefit Plan ($55,916) ($55,916) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. $0 $0 Defer filling vacancies agency-wide. ($55,000) ($55,000) Reduce travel to out-of-state conferences and meetings. ($4,000) ($4,000) Transfer funds to the Military Readiness program to lease a facility for the new 348th ($66,000) ($66,000) Brigade Support Battalion. Discontinue the Recruiting Incentive Bonus program. ($55,000) ($55,000) Amount appropriated in this Act $1,077,349 $1,486,794 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 ensure the safety and well being of all citizens. Total Funds $25,537,252 TUESDAY, MARCH 10, 2009 1567 Federal Funds and Grants $20,100,133 Federal Funds Not Specifically Identified $20,100,133 Other Funds $816,341 Agency Funds $813,441 Other Funds - Not Specifically Identified $2,900 State Funds $4,620,778 State General Funds $4,620,778 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $5,052,603 $25,969,077 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,614 $1,614 Defer state employees' salary increases effective January 1, 2009. ($56,012) ($56,012) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($172,764) ($172,764) Provide for an additional reduction to operations. ($102,663) ($102,663) Defer filling vacancies agency-wide. ($150,000) ($150,000) Reduce travel to out-of-state conferences and meetings. ($3,000) ($3,000) Transfer funds from the Administration $66,000 $66,000 program to lease a facility for the new 348th Brigade Support Battalion. Diminish operating costs by utilizing alternative means for the publication of the Georgia Guardsman. ($15,000) ($15,000) Amount appropriated in this Act $4,620,778 $25,537,252 18.3. Youth Educational Services 1568 JOURNAL OF THE SENATE Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds $12,456,058 Federal Funds and Grants $7,803,123 Federal Funds Not Specifically Identified $7,803,123 Other Funds $0 State Funds $4,652,935 State General Funds $4,652,935 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $5,337,548 $13,140,671 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $166 $166 Defer state employees' salary increases effective January 1, 2009. ($47,502) ($47,502) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($237,277) ($237,277) Remove state funds for new Savannah Starbase program provided in FY 2009. ($400,000) ($400,000) Realize operational efficiencies at each $0 $0 Youth Challenge Academy. Amount appropriated in this Act $4,652,935 $12,456,058 Section 19: Driver Services, Department of Total Funds Federal Funds and Grants Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $58,090,857 $0 $2,844,040 $2,844,040 $55,246,817 $55,246,817 TUESDAY, MARCH 10, 2009 1569 Intra-State Government Transfers $0 19.1. Customer Service Support Purpose: Administer license issuance and regulatory compliance services. Total Funds $8,931,091 Federal Funds and Grants $0 Other Funds $500,857 Other Funds - Not Specifically Identified $500,857 State Funds $8,430,234 State General Funds $8,430,234 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 $9,397,002 $9,897,859 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $105,867 $105,867 Defer state employees' salary increases ($64,919) ($64,919) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($336,267) ($336,267) Defer filling vacant positions for the Secure ($99,649) ($99,649) License initiative funded in FY 2009. Realize operational efficiencies through modifications to service delivery and operations costs. ($137,025) ($137,025) Reduce data line charges due to efficiencies ($100,000) ($100,000) realized after driver data cleanup. Reduce funding for public service announcements, travel, and recruitment. ($191,599) ($191,599) Reduce operating expenses agency-wide. ($83,576) ($83,576) 1570 JOURNAL OF THE SENATE Reduce postage expenses by using electronic receipt of certified mail for official purposes. Amount appropriated in this Act ($59,600) $8,430,234 ($59,600) $8,931,091 19.2. License Issuance Purpose: Issue Georgia driver's licenses and license renewals through alternative methods in the most cost effective and efficient manner. Total Funds $45,154,805 Federal Funds and Grants $0 Other Funds $1,827,835 Other Funds - Not Specifically Identified $1,827,835 State Funds $43,326,970 State General Funds $43,326,970 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $48,970,925 $50,798,760 Reflect allocation of telecommunication $502,743 $502,743 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($693,948) ($693,948) Reduce the State Health Benefit Plan ($1,873,819) ($1,873,819) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($559,653) ($559,653) Defer filling vacant positions for the Secure ($874,802) ($874,802) License initiative funded in FY 2009. Realize operational efficiencies through modifications to service delivery and operations costs. ($36,976) ($36,976) TUESDAY, MARCH 10, 2009 1571 Reduce data line charges due to efficiencies realized after driver data cleanup. Reduce funding for public service announcements, travel, and recruitment. Reduce operating expenses agency-wide. Defer funding for motor vehicle purchases. Realize savings through monitored distribution of driver license manuals and utilization of online versions. Delay opening the Forsyth Customer Service Center until January 2009 and the Walton County Customer Service Center until July 2009. Defer the opening of the Clayton and defer the relocation of the Toccoa Customer Service Centers and eliminate 3 positions. Amount appropriated in this Act ($200,000) ($66,055) ($299,250) ($130,000) ($300,000) ($980,559) ($131,636) $43,326,970 ($200,000) ($66,055) ($299,250) ($130,000) ($300,000) ($980,559) ($131,636) $45,154,805 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 $4,004,961 Federal Funds and Grants $0 Other Funds $515,348 Other Funds - Not Specifically Identified $515,348 State Funds $3,489,613 State General Funds $3,489,613 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 (HB990) $4,423,584 $4,938,932 Defer state employees' salary increases effective January 1, 2009. ($20,195) ($20,195) 1572 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Realize operational efficiencies through modifications to service delivery and operations costs. Reduce funding for public service announcements, travel, and recruitment. Reduce funding by only offering Alcohol and Drug Awareness Program makeup courses online. Institute risk-based auditing for driver education and third party commercial driver's license tester programs. Reduce operating expenses agency-wide. Reduce funding for the Georgia Driver's Education Commission. Amount appropriated in this Act ($104,603) ($387,149) ($8,500) ($75,000) ($40,000) ($22,903) ($275,621) $3,489,613 ($104,603) ($387,149) ($8,500) ($75,000) ($40,000) ($22,903) ($275,621) $4,004,961 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 $461,853,679 $124,640,740 $310,000 $124,330,740 $55,000 $55,000 $337,157,939 $333,389,096 $3,768,843 $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. TUESDAY, MARCH 10, 2009 1573 Total Funds $7,846,760 Federal Funds and Grants $4,022,917 Child Care & Development Block Grant $310,000 Federal Funds Not Specifically Identified $3,712,917 Other Funds $55,000 Other Funds - Not Specifically Identified $55,000 State Funds $3,768,843 State General Funds $3,768,843 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $4,574,106 $8,652,023 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $4,866 $4,866 Defer state employees' salary increases ($54,307) ($54,307) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($250,689) ($250,689) Provide for an additional reduction to operations. ($38,253) ($38,253) Freeze 1 Child Care licensing position. ($46,000) ($46,000) Reduce operating expenses in the Child Care ($279,174) ($279,174) Services program. Close regional office in Martinez, Georgia and maintain same level of service. ($54,369) ($54,369) Reduce personal services. ($87,337) ($87,337) Amount appropriated in this Act $3,768,843 $7,846,760 20.2. Nutrition Purpose: To ensure that eligible children and adults receive USDA compliant meals. Total Funds $102,000,000 1574 JOURNAL OF THE SENATE Federal Funds and Grants Federal Funds Not Specifically Identified $102,000,000 $102,000,000 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 $334,006,919 Federal Funds and Grants $617,823 Federal Funds Not Specifically Identified $617,823 Other Funds $0 State Funds $333,389,096 Lottery Funds $333,389,096 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $337,018,148 $337,635,971 Defer state employees' salary increases ($34,650) ($34,650) effective January 1, 2009. Provide for a reduction to Pre-K administration and redirect funds to HOPE Scholarships Public Schools. ($250,000) ($250,000) Reduce the State Health Benefit Plan ($180,936) ($180,936) employer contribution rate for state employees from 22.165% to 0% effective February 1, 2009 and redirect funds to HOPE Scholarships Public Schools. Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 3.688% for Pre-K teachers effective March 1, 2009 and redirect funds to HOPE Scholarships Public Schools. ($3,163,466) ($3,163,466) Amount appropriated in this Act $333,389,096 $334,006,919 20.4. Quality Initiatives Purpose: Explore new ideas and help implement innovative strategies that focus on TUESDAY, MARCH 10, 2009 1575 improving the quality of early education, child care, and nutrition for Georgia's children and families. Total Funds $18,000,000 Federal Funds and Grants $18,000,000 Federal Funds Not Specifically Identified $18,000,000 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 $31,749,270 $0 $20,244 $20,244 $31,729,026 $31,729,026 $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 $4,919,905 Federal Funds and Grants $0 Other Funds $0 State Funds $4,919,905 State General Funds $4,919,905 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $6,232,628 $6,232,628 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $13,511 $13,511 Defer state employees' salary increases ($44,495) ($44,495) effective January 1, 2009. 1576 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce marketing funds. Reduce funds for the Georgia Shrimp Association. (CC:Remove remaining unexpended funds.) Eliminate 1 vacant graphics specialist position ($72,965), 1 vacant programmer position ($68,487), 1 vacant executive director position ($60,061), 1 vacant administrative position ($38,643), and 1 vacant systems administrator position ($46,875). Reduce operating expenses. Amount appropriated in this Act ($243,733) $0 ($559,566) ($30,440) ($373,000) ($75,000) $4,919,905 ($243,733) $0 ($559,566) ($30,440) ($373,000) ($75,000) $4,919,905 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 $9,388,687 Federal Funds and Grants $0 Other Funds $0 State Funds $9,388,687 State General Funds $9,388,687 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $11,256,519 $11,256,519 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $7,835 $7,835 TUESDAY, MARCH 10, 2009 1577 Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funds for domestic and global marketing. Eliminate 1 office administrative generalist position ($49,814) and 1 vacant marketing specialist position ($67,240). (CC:Reduce funds for personnel.) Amount appropriated in this Act ($75,543) ($299,741) $0 ($1,074,959) ($425,424) $9,388,687 ($75,543) ($299,741) $0 ($1,074,959) ($425,424) $9,388,687 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. Total Funds $1,027,227 Federal Funds and Grants $0 Other Funds $0 State Funds $1,027,227 State General Funds $1,027,227 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,197,025 $1,197,025 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $235 $235 Defer state employees' salary increases effective January 1, 2009. ($6,345) ($6,345) 1578 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce marketing funds. Amount appropriated in this Act ($33,688) ($130,000) $1,027,227 ($33,688) ($130,000) $1,027,227 21.4. Innovation and Technology Purpose: Provide leadership in the recruitment, growth, and marketing of the bioscience and technology industry in Georgia. Total Funds $1,515,825 Federal Funds and Grants $0 Other Funds $0 State Funds $1,515,825 State General Funds $1,515,825 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,932,504 $1,932,504 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $611 $611 Defer state employees' salary increases effective January 1, 2009. ($6,191) ($6,191) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($31,822) ($31,822) Provide for an additional reduction to operations. ($69,560) ($69,560) Reduce marketing funds provided to the Georgia Electronic Design Center. ($150,000) ($150,000) TUESDAY, MARCH 10, 2009 1579 Reduce personal services to reflect projected expenditures. Remove contract funds added in FY 2009 for the Herty Advanced Materials Development Center. (CC:Reduce funds.) Reduce contract funds provided to the Appalachian Community Enterprises for micro-enterprise loans. Amount appropriated in this Act ($52,217) ($100,000) ($7,500) $1,515,825 ($52,217) ($100,000) ($7,500) $1,515,825 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 $2,022,863 Federal Funds and Grants $0 Other Funds $0 State Funds $2,022,863 State General Funds $2,022,863 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,440,966 $2,440,966 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,409 $1,409 Defer state employees' salary increases effective January 1, 2009. ($10,697) ($10,697) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($54,965) ($54,965) Eliminate 1 vacant business operations position. ($55,420) ($55,420) Reduce marketing funds. ($298,430) ($298,430) 1580 JOURNAL OF THE SENATE Amount appropriated in this Act $2,022,863 $2,022,863 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 $853,288 Federal Funds and Grants $0 Other Funds $20,244 Other Funds - Not Specifically Identified $20,244 State Funds $833,044 State General Funds $833,044 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $958,904 $979,148 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $845 $845 Defer state employees' salary increases ($8,376) ($8,376) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($43,020) ($43,020) Eliminate 1 vacant business operations ($75,309) ($75,309) position. Amount appropriated in this Act $833,044 $853,288 21.7. Tourism Purpose: Provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $10,382,393 Federal Funds and Grants $0 Other Funds $0 TUESDAY, MARCH 10, 2009 1581 State Funds $10,382,393 State General Funds $10,382,393 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $13,460,178 $13,460,178 Reflect allocation of telecommunication $9,311 $9,311 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($46,586) ($46,586) Reduce the State Health Benefit Plan ($243,564) ($243,564) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contract funds for Historic Chattahoochee ($2,500), Woodstock and Statesboro Convention and Visitor Bureaus ($4,000), Georgia Historical Society ($6,000), Washington-Wilkes Visitor Information Center ($2,500), Bainbridge Welcome Center ($9,833), Warner Robins Air Force Museum ($2,500) and Local Welcome Centers ($15,513). (CC:Reduce funds to Historic Chattahoochee($2,500)and Georgia Historical Society ($30,000).) ($89,346) ($89,346) Reduce personal services to reflect projected expenditures. ($220,000) ($220,000) Reduce funds for Tourism marketing. ($1,312,600) ($1,312,600) Reduce marketing funds for travel, training, and promotional items. ($500,000) ($500,000) Remove funds added in FY 2008 for the Civil War Commemoration planning. ($500,000) ($500,000) 1582 JOURNAL OF THE SENATE Reduce operating expenses for the State Visitor Information Centers. (CC:Reduce funds for State Visitor Information Centers (VIC) to realize savings from altering operating hours at VIC's to a Thursday to Monday schedule and continue to fund operations for the Sylvania and Plains VICs.) Reduce funds received in HB 990 (FY09G) from the Veteran's Wall of Honor. Amount appropriated in this Act ($25,000) ($150,000) $10,382,393 ($25,000) ($150,000) $10,382,393 The following appropriations are for agencies attached for administrative purposes. 21.8. Payments to Aviation Hall of Fame Purpose: Provide operating funds for the Aviation Hall of Fame. Total Funds $44,550 Federal Funds and Grants $0 Other Funds $0 State Funds $44,550 State General Funds $44,550 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 (HB990) $50,000 $50,000 Provide for an additional reduction to operations. ($450) ($450) Reduce operating expenses. ($5,000) ($5,000) Amount appropriated in this Act $44,550 $44,550 21.9. Payments to Golf Hall of Fame Purpose: Provide operating funds for the Golf Hall of Fame. Total Funds Federal Funds and Grants Other Funds $98,010 $0 $0 TUESDAY, MARCH 10, 2009 1583 State Funds $98,010 State General Funds $98,010 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $110,000 $110,000 Provide for an additional reduction to ($990) ($990) operations. Reduce funds for personal services ($4,400) and operating expenses ($6,600). ($11,000) ($11,000) Amount appropriated in this Act $98,010 $98,010 21.10. Payments to Georgia Medical Center Authority Purpose: Provide funds for the Georgia Medical Center Authority. Total Funds $290,675 Federal Funds and Grants $0 Other Funds $0 State Funds $290,675 State General Funds $290,675 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $414,189 $414,189 Defer state employees' salary increases effective January 1, 2009. ($2,901) ($2,901) Provide for an additional reduction to operations. ($2,613) ($2,613) Reduce operating expenses. (CC:Restore funds to enable the facility to remain open through the end of the fiscal year.) ($118,000) ($118,000) Amount appropriated in this Act $290,675 $290,675 21.11. Payments to Georgia Music Hall of Fame 1584 JOURNAL OF THE SENATE Purpose: Provide operating funds for the Georgia Music Hall of Fame. Total Funds $650,437 Federal Funds and Grants $0 Other Funds $0 State Funds $650,437 State General Funds $650,437 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 (HB990) $826,790 $826,790 Defer state employees' salary increases effective January 1, 2009. ($7,071) ($7,071) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($32,691) ($32,691) Provide for an additional reduction to ($6,593) ($6,593) operations. Reduce operating expenses. ($79,998) ($79,998) Remove funds provided in FY 2009 for the Big House. ($50,000) ($50,000) Amount appropriated in this Act $650,437 $650,437 21.12. Payments to Georgia Sports Hall of Fame Authority Purpose: Provide operating funds to the Georgia Sports Hall of Fame. Total Funds $510,860 Federal Funds and Grants $0 Other Funds $0 State Funds $510,860 State General Funds $510,860 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 10, 2009 1585 Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce operating expenses. Delete one-time funds provided in FY 2008 for operations. Amount appropriated in this Act State Funds $651,969 $1,785 ($3,960) ($20,727) ($5,175) ($88,032) ($25,000) $510,860 Total Funds $651,969 $1,785 ($3,960) ($20,727) ($5,175) ($88,032) ($25,000) $510,860 21.13. 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 the Civil War. Total Funds $44,550 Federal Funds and Grants $0 Other Funds $0 State Funds $44,550 State General Funds $44,550 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 (HB990) $50,000 $50,000 1586 JOURNAL OF THE SENATE Provide for an additional reduction to operations. Reduce operating expenses. Amount appropriated in this Act ($450) ($5,000) $44,550 ($450) ($5,000) $44,550 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 $9,309,708,402 $1,776,517,223 $1,776,517,223 $26,848,083 $26,848,083 $7,506,343,096 $7,506,343,096 $0 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,599.15. 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 $3,278,492 Federal Funds and Grants $0 Other Funds $0 State Funds $3,278,492 State General Funds $3,278,492 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $5,244,353 $5,244,353 (HB990) Defer state employees' salary increases effective January 1, 2009. ($27,261) ($27,261) TUESDAY, MARCH 10, 2009 1587 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for the Academic Coach subprogram based on anticipated need. Realize savings from 7 vacant math and science mentor positions and reduce regular operating expenses. Eliminate funding for the Mentor Teacher program. Amount appropriated in this Act ($115,982) ($67,128) ($893,710) ($661,780) ($200,000) $3,278,492 ($115,982) ($67,128) ($893,710) ($661,780) ($200,000) $3,278,492 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 $12,106,355 Federal Funds and Grants $126,577 Federal Funds Not Specifically Identified $126,577 Other Funds $3,540,002 Other Funds - Not Specifically Identified $3,540,002 State Funds $8,439,776 State General Funds $8,439,776 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $8,985,622 $12,652,201 Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) ($255,747) ($255,747) 1588 JOURNAL OF THE SENATE Provide for an additional reduction to operations. Provide for a reduction to Food Processing Plants. Provide for a reduction to the Area Teacher Program. Provide for a reduction to Extended Year/Extended Day. Provide for a reduction to Young Farmers. Provide for a reduction to Youth Camps. Amount appropriated in this Act $0 ($50,000) ($50,294) ($92,282) ($82,842) ($14,681) $8,439,776 $0 ($50,000) ($50,294) ($92,282) ($82,842) ($14,681) $12,106,355 22.3. Central Office Purpose: Act as a service oriented agency supporting local school districts. Total Funds $96,302,086 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 $34,773,038 State General Funds $34,773,038 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $41,124,236 $102,653,284 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $99,016 $99,016 Defer state employees' salary increases ($435,111) ($435,111) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,528,237) ($1,528,237) TUESDAY, MARCH 10, 2009 1589 Provide for an additional reduction to operations. Eliminate the teacher liability insurance effective February 1, 2009. Realize savings from 40 vacant positions ($1,910,869), operating expenses ($755,634), and contractual services ($1,227,565). Amount appropriated in this Act ($456,434) ($136,364) ($3,894,068) $34,773,038 ($456,434) ($136,364) ($3,894,068) $96,302,086 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. Total Funds $10,195,883 Federal Funds and Grants $7,365,691 Federal Funds Not Specifically Identified $7,365,691 Other Funds $0 State Funds $2,830,192 State General Funds $2,830,192 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 (HB990) $3,480,193 $10,845,884 Provide for an additional reduction to $0 $0 operations. Reduce planning grants ($25,000). ($25,000) ($25,000) Eliminate funding for 2 temporary positions ($200,001) ($200,001) for the Charter School Commission. Reduce the number of implementation grants from 5 to 2. ($375,000) ($375,000) Reduce facility grants ($50,000). ($50,000) ($50,000) Amount appropriated in this Act $2,830,192 $10,195,883 22.5. Communities in Schools Purpose: Operate alternative education programs throughout the state, bringing 1590 JOURNAL OF THE SENATE community resources into schools to help students stay in school and prepare for life. Total Funds $1,173,347 Federal Funds and Grants $0 Other Funds $0 State Funds $1,173,347 State General Funds $1,173,347 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,320,623 $1,320,623 Provide for an additional reduction to operations. ($15,214) ($15,214) Reduce funding by 10%. ($132,062) ($132,062) Amount appropriated in this Act $1,173,347 $1,173,347 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 $1,378,447 Federal Funds and Grants $0 Other Funds $0 State Funds $1,378,447 State General Funds $1,378,447 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 $1,574,833 $1,574,833 (HB990) Provide for an additional reduction to operations. ($74,833) ($74,833) Reduce contractual services by 10%. ($121,553) ($121,553) Amount appropriated in this Act $1,378,447 $1,378,447 22.7. Dropout Prevention TUESDAY, MARCH 10, 2009 1591 Purpose: Reduce dropout rates for Georgia students. Total Funds $49,513,321 Federal Funds and Grants $0 Other Funds $0 State Funds $49,513,321 State General Funds $49,513,321 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $53,174,636 $53,174,636 Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through ($2,387,982) ($2,387,982) June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) Reduce funding for graduation coaches based on actual number of coaches. ($1,000,000) ($1,000,000) Reduce funding for spring training session ($33,333) ($33,333) for graduation coaches. Eliminate startup funds provided for JROTC programs. ($240,000) ($240,000) Amount appropriated in this Act $49,513,321 $49,513,321 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 $556,507,932 State Funds $556,507,932 State General Funds $556,507,932 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $548,529,543 $548,529,543 1592 JOURNAL OF THE SENATE Increase funding for a mid-term adjustment. Amount appropriated in this Act $7,978,389 $556,507,932 $7,978,389 $556,507,932 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 22.10. Foreign Language Purpose: Provide funds to schools for foreign language instruction. Total Funds $0 State Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $384,375 $384,375 (HB990) Eliminate funds provided for the Georgia Virtual Academy for virtual elementary foreign language. ($384,375) ($384,375) Amount appropriated in this Act $0 $0 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 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 $5,346,429 Federal Funds and Grants $0 Other Funds $722,213 TUESDAY, MARCH 10, 2009 1593 Other Funds - Not Specifically Identified $722,213 State Funds $4,624,216 State General Funds $4,624,216 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $4,123,362 $4,845,575 (HB990) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($368,028) ($368,028) Provide for an additional reduction to operations. ($61,298) ($61,298) Provide funds for 1,500 additional slots for the Georgia Virtual School program. $930,180 $930,180 Amount appropriated in this Act $4,624,216 $5,346,429 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 (HB990) $250,000 $250,000 Provide for an additional reduction to operations. $0 $0 Amount appropriated in this Act $250,000 $250,000 1594 JOURNAL OF THE SENATE 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 $1,329,574 Federal Funds and Grants $0 Other Funds $0 State Funds $1,329,574 State General Funds $1,329,574 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,443,893 $1,443,893 Defer state employees' salary increases effective January 1, 2009. ($7,483) ($7,483) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($31,836) ($31,836) Provide for an additional reduction to operations. $0 $0 Reduce contractual services funding. ($75,000) ($75,000) Amount appropriated in this Act $1,329,574 $1,329,574 22.15. Information Technology Services Purpose: Collect and report accurate data through the development and maintenance of web-enabled applications. Total Funds $6,849,088 Federal Funds and Grants $0 Other Funds $0 State Funds $6,849,088 State General Funds $6,849,088 Intra-State Government Transfers $0 TUESDAY, MARCH 10, 2009 1595 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $7,217,319 $7,217,319 Provide for an additional reduction to operations. $0 $0 Reduce contractual services funding to begin to phase out the program. ($368,231) ($368,231) Amount appropriated in this Act $6,849,088 $6,849,088 22.16. Local 5 Mill Share-Quality Basic Education Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest. Total Funds ($1,689,780,568) State Funds ($1,689,780,568) State General Funds ($1,689,780,568) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) ($1,690,849,786) ($1,690,849,786) Adjust funding for Local Five Mill Share for school systems with declining tax digests. $1,069,218 $1,069,218 Amount appropriated in this Act ($1,689,780,568) ($1,689,780,568) 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 $13,294,628 Federal Funds and Grants $0 Other Funds $0 State Funds $13,294,628 State General Funds $13,294,628 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the 1596 JOURNAL OF THE SENATE previous appropriation act: Amount from prior Appropriation Act (HB990) Increase funds to reflect actual payment to National Board Certified teachers. Amount appropriated in this Act State Funds $12,294,628 $1,000,000 $13,294,628 Total Funds $12,294,628 $1,000,000 $13,294,628 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 $712,500 Federal Funds and Grants $0 Other Funds $0 State Funds $712,500 State General Funds $712,500 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $750,000 $750,000 Provide for an additional reduction to ($37,500) ($37,500) operations. Reduce funds by 10%. $0 $0 Amount appropriated in this Act $712,500 $712,500 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 $27,847,020 Federal Funds and Grants $0 Other Funds $0 State Funds $27,847,020 State General Funds $27,847,020 TUESDAY, MARCH 10, 2009 1597 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $28,625,373 $28,625,373 Provide for an additional reduction to operations. ($18,965) ($18,965) Reduce funding for Migrant Education ($10,396) and Sparsity Grants ($254,098). ($264,494) ($264,494) Reduce funding for Special Needs ($129,669) ($129,669) Scholarships ($113,135) and the Special Education - Low Incidence Grants ($16,534). Reduce funding for classroom cards based on actual expenditures. ($285,000) ($285,000) Reduce grant funds for Residential ($80,225) ($80,225) Treatment Centers. Amount appropriated in this Act $27,847,020 $27,847,020 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 State Funds $39,823,217 State General Funds $39,823,217 22.21. Preschool Handicapped Purpose: Provide early intervention so students with disabilities will enter school with the skills to succeed. Total Funds $29,250,869 Federal Funds and Grants $0 Other Funds $0 State Funds $29,250,869 State General Funds $29,250,869 1598 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 (HB990) $30,358,072 $30,358,072 Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) ($1,107,203) ($1,107,203) Provide for an additional reduction to operations. $0 $0 Amount appropriated in this Act $29,250,869 $29,250,869 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 State Funds $170,943,051 State General Funds $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 $8,076,323,095 Federal Funds and Grants $145,317,456 Federal Funds Not Specifically Identified $145,317,456 Other Funds $0 State Funds $7,931,005,639 State General Funds $7,931,005,639 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $8,480,835,299 $8,480,835,299 TUESDAY, MARCH 10, 2009 1599 (HB990) Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) Provide for an additional reduction to operations. Provide a mid-term adjustment for enrollment growth of 0.23%. Provide funds for dual enrollment courses. Reduce QBE funding by 2%. Remove additional QBE enhancements. Add funds to correct an error in Tift County Public Schools CPI data ($300,000). (CC:Increase funds for middle school adjustment waivers ($75,499) and mandatory QBE adjustments for charter systems ($1,734,710).) Provide $145,317,456 in federal American Recovery and Reinvestment Act fiscal stabilization funds based on Georgia's compliance with maintaining FY 2006 funding levels and other required assurances and pending the approval of the Governor's application for funding. Amount appropriated in this Act ($348,693,969) ($95,317,456) $77,871,275 $0 ($135,799,719) ($50,000,000) $2,110,209 $0 $7,931,005,639 ($348,693,969) ($95,317,456) $77,871,275 $0 ($135,799,719) ($50,000,000) $2,110,209 $145,317,456 $8,076,323,095 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 $10,656,151 Federal Funds and Grants $0 Other Funds $0 State Funds $10,656,151 State General Funds $10,656,151 Intra-State Government Transfers $0 1600 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 (HB990) $12,408,840 $12,408,840 Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through ($511,805) ($511,805) June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) Provide for an additional reduction to operations. $0 $0 Reduce funding by 10% in the Regional ($1,240,884) ($1,240,884) Education Service Agencies program. Amount appropriated in this Act $10,656,151 $10,656,151 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 $8,552,849 Federal Funds and Grants $0 Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $8,452,849 State General Funds $8,452,849 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 $10,191,533 $10,291,533 (HB990) Defer state employees' salary increases effective January 1, 2009. ($140,581) ($140,581) TUESDAY, MARCH 10, 2009 1601 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Realize personal service savings from approximately 5 vacant positions. Amount appropriated in this Act ($598,103) ($500,000) ($500,000) $8,452,849 ($598,103) ($500,000) ($500,000) $8,552,849 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 Emotional Disturbed (SED) Purpose: Provide statewide services to parents and educators of students with disabilities. Total Funds $81,367,221 Federal Funds and Grants $13,359,858 Federal Funds Not Specifically Identified $13,359,858 Other Funds $0 State Funds $68,007,363 State General Funds $68,007,363 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $70,845,875 $84,205,733 1602 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) Provide for an additional reduction to operations. Amount appropriated in this Act ($2,738,512) ($100,000) $68,007,363 ($2,738,512) ($100,000) $81,367,221 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 $152,475,068 Federal Funds and Grants $19,445,076 Federal Funds Not Specifically Identified $19,445,076 Other Funds $0 State Funds $133,029,992 State General Funds $133,029,992 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $257,462,021 $276,907,097 Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) ($124,432,029) ($124,432,029) Amount appropriated in this Act $133,029,992 $152,475,068 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 $24,210,351 TUESDAY, MARCH 10, 2009 1603 Federal Funds and Grants $0 Other Funds $1,649,199 Other Funds - Not Specifically Identified $1,649,199 State Funds $22,561,152 State General Funds $22,561,152 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $23,357,809 $25,007,008 (HB990) Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) ($796,657) ($796,657) Provide for an additional reduction to $0 $0 operations. Amount appropriated in this Act $22,561,152 $24,210,351 22.30. Technology/Career Education Purpose: Equip students with academic, technical and leadership skills. Total Funds $51,157,642 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 $15,879,402 State General Funds $15,879,402 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $16,796,972 $52,075,212 1604 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) Provide for an additional reduction to operations. Provide for a reduction to Industry Certification. Provide for a reduction to High Schools That Work. Provide for a reduction to Youth Apprenticeship. Provide for a reduction to Vocational Supervisors. Amount appropriated in this Act ($284,212) $0 ($212,385) ($28,500) ($214,082) ($178,391) $15,879,402 ($284,212) $0 ($212,385) ($28,500) ($214,082) ($178,391) $51,157,642 22.31. Testing Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. Total Funds $35,718,093 Federal Funds and Grants $13,664,544 Federal Funds Not Specifically Identified $13,664,544 Other Funds $0 State Funds $22,053,549 State General Funds $22,053,549 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $23,243,020 $36,907,564 (HB990) Provide for an additional reduction to operations. ($290,536) ($290,536) Reduce contractual services for SAT Prep ($544,860) ($544,860) ($100,000) and State-Mandated testing ($444,860). TUESDAY, MARCH 10, 2009 1605 Remove unused Advanced Placement funds for private school students. Amount appropriated in this Act ($354,075) $22,053,549 ($354,075) $35,718,093 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 Federal Funds and Grants $0 Other Funds $0 State Funds $1,658,859 State General Funds $1,658,859 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 (HB990) $1,658,859 $1,658,859 Provide for an additional reduction to operations. $0 $0 Amount appropriated in this Act $1,658,859 $1,658,859 Section 23: Employees' Retirement System Total Funds Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Intra-State Government Payments $27,683,044 $2,928,388 $2,928,388 $7,151,826 $7,151,826 $17,602,830 $17,600,965 $1,865 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 the GSEPS employees, the employer contribution 1606 JOURNAL OF THE SENATE rate shall not exceed 6.54% for the pension portion of the benefit and 3.0% in employer match contributions for the 401(k) portion of the benefit. 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 $17,314,099 Intra-State Government Transfers $17,314,099 Retirement Payments $17,314,099 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 $2,929,619 Other Funds $2,928,388 Agency Funds $2,928,388 Intra-State Government Transfers $1,231 Retirement Payments ($634) Other Intra-State Government Payments $1,865 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 State Funds $1,323,024 State General Funds $1,323,024 23.4. Public School Employee's 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 State Funds $5,828,802 State General Funds $5,828,802 Intra-State Government Transfers $287,500 TUESDAY, MARCH 10, 2009 1607 Retirement Payments $287,500 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 $47,591,437 $8,610,055 $8,610,055 $5,626,650 $778,747 $4,847,903 $33,354,732 $33,354,732 $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 $3,866,482 Federal Funds and Grants $0 Other Funds $8,872 Agency Funds $4,000 Other Funds - Not Specifically Identified $4,872 State Funds $3,857,610 State General Funds $3,857,610 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $4,606,407 $4,615,279 Reflect allocation of telecommunication $54,656 $54,656 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($31,966) ($31,966) 1608 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Eliminate 1 vacant grounds maintenance position. Reduce regular operating expenses. Replace state funds with federal funds for regular operating expenses. Reduce regular operating expenses. Reduce contract funds. Replace state funds with federal funds for 1 filled training officer position. Remove one-time funds provided in FY 2007 to construct a bomb shelter in Cairo. Remove one-time funds provided in FY 2007 for 6 fire engines. Amount appropriated in this Act ($179,058) ($40,000) ($11,906) ($218,711) ($36,812) ($60,000) ($40,000) ($60,000) ($125,000) $3,857,610 ($179,058) ($40,000) ($11,906) ($218,711) ($36,812) ($60,000) ($40,000) ($60,000) ($125,000) $3,866,482 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 $10,346,364 Federal Funds and Grants $6,555,882 Federal Funds Not Specifically Identified $6,555,882 Other Funds $707,587 Agency Funds $164,000 Other Funds - Not Specifically Identified $543,587 State Funds $3,082,895 State General Funds $3,082,895 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 10, 2009 1609 Amount from prior Appropriation Act (HB990) Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce regular operating expenses. Reduce funds for motor vehicle purchases. Eliminate 2 vacant forest inventory analyst positions. Remove funding for 3 temporary day laborer positions and suspend activities at the Brender-Hitchiti Forest. Reflect a savings in personal services by instituting a 3-month temporary work period for forester new hires. Eliminate 1 vacant sustainable community forester position. Temporarily suspend the Bartram Educational Forest Program and recognize savings by freezing the vacant Bartram Forester position. Eliminate 1 vacant marketing forester position. Reduce funds for personal services to meet additional 1% reduction. Amount appropriated in this Act State Funds $3,863,541 ($30,391) ($293,452) ($34,517) ($49,587) ($22,600) ($20,000) ($4,000) ($77,886) ($49,587) ($63,000) ($135,626) $3,082,895 Total Funds $11,127,010 ($30,391) ($293,452) ($34,517) ($49,587) ($22,600) ($20,000) ($4,000) ($77,886) ($49,587) ($63,000) ($135,626) $10,346,364 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 $31,980,912 Federal Funds and Grants $1,964,173 1610 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $1,964,173 Other Funds $3,484,111 Agency Funds $536,167 Other Funds - Not Specifically Identified $2,947,944 State Funds $26,532,628 State General Funds $26,532,628 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 (HB990) $30,850,411 $36,298,695 Defer state employees' salary increases effective January 1, 2009. ($1,231,843) ($1,231,843) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,403,622) ($1,403,622) Provide for an additional reduction to $0 $0 operations. Reduce regular operating expenses. ($418,382) ($418,382) Eliminate 1 vacant administrative assistant position. ($38,480) ($38,480) Eliminate 4 temporary day laborer administrative clerk positions in Fire Business Activities. ($38,801) ($38,801) Consolidate county units in Richmond, Peach, Schley and Lincoln with county units in Spirit Creek, Houston, Crawford, Stewart ($29,600) ($29,600) and Sumter due to low activity. Reduce funds for motor vehicle purchases. ($389,000) ($389,000) Replace state general funds with other funds for regular operating expenses. ($360,840) ($360,840) Replace state funds with federal funds for 4.5 FTE fire control positions. ($166,209) ($166,209) TUESDAY, MARCH 10, 2009 1611 Reflect a savings in personal services by instituting a 3-month temporary work period for fire ranger new hires. Reduce funds added in FY 2009 for a helicopter pilot position to reflect projected savings. Remove funds added in FY 2009 for 1 aviation maintenance inspection position. Reduce contract funds. Replace state funds with federal funds for 2 temporary welder positions. Replace state general funds with other funds for regular operating expenses. Amount appropriated in this Act ($68,000) ($24,238) ($81,768) ($25,000) ($42,000) $0 $26,532,628 ($68,000) ($24,238) ($81,768) ($25,000) ($42,000) $0 $31,980,912 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 $154,772 Federal Funds and Grants $20,000 Federal Funds Not Specifically Identified $20,000 Other Funds $74,580 Agency Funds $74,580 State Funds $60,192 State General Funds $60,192 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 (HB990) $123,287 $217,867 Defer state employees' salary increases effective January 1, 2009. ($653) ($653) 1612 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Eliminate 1 vacant tree orchard supervisor position and 1 vacant tree nursery worker position. Replace state funds with other funds for operating expenses. Amount appropriated in this Act ($7,442) ($40,000) ($15,000) $60,192 ($7,442) ($40,000) ($15,000) $154,772 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 $1,242,907 Federal Funds and Grants $70,000 Federal Funds Not Specifically Identified $70,000 Other Funds $1,351,500 Other Funds - Not Specifically Identified $1,351,500 State Funds ($178,593) State General Funds ($178,593) Section 25: Governor, Office of the Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $96,779,281 $43,764,158 $250,000 $43,514,158 $2,491,284 $2,491,284 $50,523,839 $50,523,839 $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 TUESDAY, MARCH 10, 2009 1613 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 $12,410,121 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 State Funds $7,113,270 State General Funds $7,113,270 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 (HB990) $7,997,298 $13,294,149 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $11,801 $11,801 Defer state employees' salary increases effective January 1, 2009. ($52,950) ($52,950) Reduce the State Health Benefit Plan ($271,329) ($271,329) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. $0 $0 Realize efficiencies in the cost of operations. ($571,550) ($571,550) Reduce one-time funds in HB95 for the $0 $0 Governor's Litigation Fund. 1614 JOURNAL OF THE SENATE Amount appropriated in this Act $7,113,270 $12,410,121 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 $8,419,050 Federal Funds and Grants $0 Other Funds $0 State Funds $8,419,050 State General Funds $8,419,050 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $9,584,234 $9,584,234 Reflect allocation of telecommunication $85,919 $85,919 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($81,224) ($81,224) Reduce the State Health Benefit Plan ($390,553) ($390,553) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) TUESDAY, MARCH 10, 2009 1615 Provide for an additional reduction to operations. Reduce operating expenses. Amount appropriated in this Act ($85,279) ($694,047) $8,419,050 ($85,279) ($694,047) $8,419,050 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 $4,620,764 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 $3,951,364 State General Funds $3,951,364 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $4,448,905 $5,118,305 Defer state employees' salary increases effective January 1, 2009. ($4,286) ($4,286) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($21,886) ($21,886) Provide for an additional reduction to operations. ($39,928) ($39,928) Defer funding for grants and benefits to nonprofit arts and cultural organizations. ($397,585) ($397,585) Reduce funding for personal services ($8,125) and operating expenses ($25,731). ($33,856) ($33,856) 1616 JOURNAL OF THE SENATE Amount appropriated in this Act $3,951,364 $4,620,764 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 $1,201,899 Federal Funds and Grants $179,558 Federal Funds Not Specifically Identified $179,558 Other Funds $25 Other Funds - Not Specifically Identified $25 State Funds $1,022,316 State General Funds $1,022,316 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,199,011 $1,378,594 Reflect allocation of telecommunication $28,747 $28,747 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($7,959) ($7,959) Reduce the State Health Benefit Plan ($52,235) ($52,235) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($10,363) ($10,363) Eliminate funding for state-wide needs and ($70,000) ($70,000) resource assessment. Eliminate vacant executive secretary position. ($38,507) ($38,507) Reduce regular operating expenses. ($926) ($926) Reduce contractual services utilization. ($25,452) ($25,452) Amount appropriated in this Act $1,022,316 $1,201,899 TUESDAY, MARCH 10, 2009 1617 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 $1,014,552 Federal Funds and Grants $407,000 Federal Funds Not Specifically Identified $407,000 Other Funds $0 State Funds $607,552 State General Funds $607,552 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 (HB990) $712,490 $1,119,490 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $5,954 $5,954 Defer state employees' salary increases effective January 1, 2009. ($6,599) ($6,599) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($34,670) ($34,670) Provide for an additional reduction to operations. ($6,161) ($6,161) Defer filling 1 intake coordinator position in the Equal Employment Division. ($45,717) ($45,717) Reduce funding for operating expenses. ($17,745) ($17,745) Amount appropriated in this Act $607,552 $1,014,552 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 1618 JOURNAL OF THE SENATE Act and other related consumer protection statutes. Total Funds $8,737,734 Federal Funds and Grants $0 Other Funds $1,572,903 Other Funds - Not Specifically Identified $1,572,903 State Funds $7,164,831 State General Funds $7,164,831 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $8,581,217 $10,154,120 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $38,177 $38,177 Defer state employees' salary increases effective January 1, 2009. ($71,254) ($71,254) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($362,765) ($362,765) Provide for an additional reduction to operations. ($72,623) ($72,623) Defer filling 7 positions funded in FY 2009 to staff the "1-800-Georgia" call center. ($300,000) ($300,000) Eliminate 4 positions ($242,956) and operating expenses ($17,739) in the Consumers' Utility Counsel by December 31, 2008. ($260,695) ($260,695) Reduce funding for personal services in Consumer Protection. ($51,884) ($51,884) Reduce funding for contractual services for customer service and workplace satisfaction surveys. ($335,342) ($335,342) Amount appropriated in this Act $7,164,831 $8,737,734 TUESDAY, MARCH 10, 2009 1619 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 $32,627,578 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 $2,116,540 State General Funds $2,116,540 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 (HB990) $2,406,048 $32,917,086 Reflect allocation of telecommunication $78,751 $78,751 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($17,803) ($17,803) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($107,228) ($107,228) Provide for an additional reduction to operations. ($21,453) ($21,453) Reflect a reduction in personal services funding as a result of liabilities being absorbed by the Office of Homeland Security budget. ($173,541) ($173,541) Eliminate 1 administrative position in the Operations Division. ($48,234) ($48,234) Amount appropriated in this Act $2,116,540 $32,627,578 1620 JOURNAL OF THE SENATE 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 $423,597 Federal Funds and Grants $0 Other Funds $0 State Funds $423,597 State General Funds $423,597 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $527,932 $527,932 Defer state employees' salary increases effective January 1, 2009. ($6,213) ($6,213) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer ($22,706) ($22,706) contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($4,295) ($4,295) Defer filling 1 secretary position. ($71,121) ($71,121) Amount appropriated in this Act $423,597 $423,597 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 $679,410 Federal Funds and Grants $0 Other Funds $0 State Funds $679,410 State General Funds $679,410 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the TUESDAY, MARCH 10, 2009 1621 previous appropriation act: Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for operating expenses in Investigations. Amount appropriated in this Act State Funds $829,079 $1,016 ($7,391) ($40,753) ($6,891) ($95,650) $679,410 Total Funds $829,079 $1,016 ($7,391) ($40,753) ($6,891) ($95,650) $679,410 25.11. Governor's Office for Children and Families Purpose: Enhance coordination and communication among providers and stakeholders of services to families. Total Funds $15,579,027 Federal Funds and Grants $7,206,237 Temporary Assistance for Needy Families Block Grant $250,000 Federal Funds Not Specifically Identified $6,956,237 Other Funds $0 State Funds $8,372,790 State General Funds $8,372,790 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 (HB990) $9,488,781 $16,695,018 1622 JOURNAL OF THE SENATE Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce grant funds based on utilization and grantee non-performance of standards. Amount appropriated in this Act $11,483 ($13,114) ($15,020) ($84,584) ($1,014,756) $8,372,790 $11,483 ($13,114) ($15,020) ($84,584) ($1,014,756) $15,579,027 25.12. Professional Standards Commission Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $6,597,233 Federal Funds and Grants $411,930 Federal Funds Not Specifically Identified $411,930 Other Funds $500 Other Funds - Not Specifically Identified $500 State Funds $6,184,803 State General Funds $6,184,803 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 $7,123,741 $7,536,171 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $72,872 $72,872 Defer state employees' salary increases ($65,065) ($65,065) effective January 1, 2009. TUESDAY, MARCH 10, 2009 1623 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for personal services ($14,571), contractual services ($93,000), and computer charges ($7,687). Eliminate funding for Georgia Teacher Alternative Preparation Program grants. Eliminate funding for National Board Certified Teacher reimbursement. Amount appropriated in this Act ($332,784) ($62,703) ($115,258) ($400,000) ($36,000) $6,184,803 ($332,784) ($62,703) ($115,258) ($400,000) ($36,000) $6,597,233 25.13. Student Achievement, Office of Purpose: Improve student achievement and school completion in Georgia. Total Funds $998,740 Federal Funds and Grants $0 Other Funds $0 State Funds $998,740 State General Funds $998,740 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,274,456 $1,274,456 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $5,922 $5,922 Defer state employees' salary increases ($11,381) ($11,381) effective January 1, 2009. 1624 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce personal services ($150,000) and contractual services ($57,159) based on anticipated lapse. Amount appropriated in this Act ($63,098) ($207,159) $998,740 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 TANF Transfers to Social Services Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds Tobacco Funds Brain & Spinal Injury Trust Fund State General Funds ($63,098) ($207,159) $998,740 $3,448,041,833 $1,766,212,678 $342,224,967 $54,993,799 $66,243,783 $81,239,293 $20,877,386 $62,883,935 $4,404,431 $13,130,623 $62,808,011 $17,402,038 $24,910,040 $68,909,356 $94,424,439 $25,800,000 $825,960,577 $270,015,763 $123,624,591 $144,782,766 $1,608,406 $1,405,926,236 $28,309,553 $1,968,993 $1,375,647,690 TUESDAY, MARCH 10, 2009 1625 Intra-State Government Transfers Medicaid Services Payments - Other Agencies Other Intra-State Government Payments $5,887,156 $20,000 $5,867,156 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. 26.1. Administration Purpose: To provide administration and support for the Divisions and Operating Offices. Total Funds $168,996,241 Federal Funds and Grants $79,158,771 Temporary Assistance for Needy Families Block Grant $14,530,608 1626 JOURNAL OF THE SENATE Social Services Block Grant $9,932,114 Child Care & Development Block Grant $1,623,880 Foster Care Title IV-E $7,687,545 Medical Assistance Program $658,341 Preventive Health and Health Services Block Grant $31,070 Community Service Block Grant $212,855 Low-Income Home Energy Assistance $282,303 CCDF Mandatory & Matching Funds $2,998,188 Federal Funds Not Specifically Identified $41,201,867 Other Funds $8,099,727 Agency Funds $8,099,727 State Funds $81,737,743 Tobacco Funds $131,795 State General Funds $81,605,948 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 (HB990) $94,164,941 $185,313,770 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $805,948 $805,948 Defer state employees' salary increases effective January 1, 2009. ($1,280,595) ($1,280,595) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($6,737,997) ($6,737,997) Reflect loss of unearnable federal funds. $0 ($3,890,331) Reduce administration by 6%. ($4,958,230) ($4,958,230) Reduce operating expenses. $0 $0 Reduce supplies and operating cost ($256,324) ($256,324) throughout the department's administrative functions. Amount appropriated in this Act $81,737,743 $168,996,241 TUESDAY, MARCH 10, 2009 1627 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 $48,069,637 Federal Funds and Grants $30,516,926 Temporary Assistance for Needy Families Block Grant $11,605,217 Maternal and Child Health Services Block Grant $720,170 Preventive Health and Health Services Block Grant $41,694 Federal Funds Not Specifically Identified $18,149,845 Other Funds $270,000 Agency Funds $62,217 Other Funds - Not Specifically Identified $207,783 State Funds $17,282,711 Tobacco Funds $5,065,177 State General Funds $12,217,534 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $20,563,284 $59,361,012 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,046 $1,046 Defer state employees' salary increases effective January 1, 2009. ($389,238) ($389,238) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,972,756) ($1,972,756) Reduce purchase of supplies and other operating expenses. ($50,000) ($50,000) Eliminate 7 vacant positions. ($776,562) ($776,562) 1628 JOURNAL OF THE SENATE Reduce general grant-in-aid funding to county boards of health by 3.5%. Reduce TANF funds for Family Planning and Adolescent and Adult Health Promotion. Reflect savings from department-wide furlough. Discontinue funds for the coordinated school health outreach programs. Reduce funds for nutrition education. Reduce funds for prostate cancer education provided by the Regional Cancer Coalitions. Remove funds for 2 filled state office positions and 18 filled district health promotion coordinator positions. Defer new funds for the Helen Keller National Center provided for in FY 2009. Reduce funds for the Diabetes Care Coalition provided for in FY 2008. Transfer 1 state funded position to federal funds. Provide additional funding for county grantin-aid. Amount appropriated in this Act ($119,454) $0 ($38,030) $0 ($122,759) ($85,000) ($473,428) ($229,513) ($175,000) ($49,879) $1,200,000 $17,282,711 ($119,454) ($7,500,000) ($38,030) ($510,802) ($122,759) ($85,000) ($473,428) ($229,513) ($175,000) ($49,879) $1,200,000 $48,069,637 26.3. Adoptions Services Purpose: Support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. Total Funds $88,337,611 Federal Funds and Grants $54,000,008 Temporary Assistance for Needy Families Block Grant $12,000,000 Foster Care Title IV-E $211,065 Federal Funds Not Specifically Identified $41,788,943 Other Funds $45,000 Other Funds - Not Specifically Identified $45,000 State Funds $34,292,603 State General Funds $34,292,603 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the TUESDAY, MARCH 10, 2009 1629 previous appropriation act: Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Transfer $1,200,000 in state funds from the Child Welfare Services program to the Adoptions Services program to fund projected caseload growth (Total Funds: $2,671,047). Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. Amount appropriated in this Act State Funds $35,568,642 $1,206 ($23,332) ($136,469) $1,200,000 ($2,317,444) $34,292,603 Total Funds $85,825,159 $1,206 ($23,332) ($136,469) $2,671,047 $0 $88,337,611 26.4. Adult Addictive Disease Service Purpose: To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $87,159,135 Federal Funds and Grants $48,579,098 Temporary Assistance for Needy Families Block Grant $18,590,483 Prevention and Treatment of Substance Abuse Block Grant $29,988,615 Other Funds $824,903 Agency Funds $752,583 Other Funds - Not Specifically Identified $72,320 State Funds $37,755,134 State General Funds $37,755,134 1630 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 (HB990) $47,941,247 $100,628,448 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $783 $783 Defer state employees' salary increases effective January 1, 2009. ($525,607) ($525,607) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($3,074,324) ($3,074,324) Defer funds for Hope House provided for in FY 2009. ($350,000) ($350,000) Reduce funding for new provider training and quality compliance audits. ($66,000) ($66,000) Reduce state funds to reflect a one-time refund from the employee retirement system. ($1,676,941) ($1,676,941) Reflect savings from furloughs affecting ($4,680) ($4,680) employees pay grade 15 and above. Reduce various contracts. ($400,000) ($400,000) Defer funds for Bridges of Hope provided ($12,000) ($12,000) for in FY 2009. Reduce funding for training in MHDDAD. ($34,030) ($34,030) Reduce Behavioral Health Link contract for ($61,117) ($61,117) the Georgia Crisis and Access Line. Reduce funding for addictive disease services provided by the United Way Regional Commission. ($50,000) ($50,000) Discontinue funding for opioid maintenance therapy. ($1,568,628) ($1,568,628) Reduce funds for non-medically necessary consumer and family assistance community services. ($119,388) ($119,388) TUESDAY, MARCH 10, 2009 1631 Reduce supported employment funding for addictive disease consumers. Reduce funding for the provision of methamphetamine addiction services in northwest Georgia, as treatment can be obtained through other community services. Reduce funding for core and specialty services. Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $3,283,200). Amount appropriated in this Act ($301,476) ($671,387) ($1,271,318) $0 $37,755,134 ($301,476) ($671,387) ($1,271,318) ($3,283,200) $87,159,135 26.5. Adult Development Disabilities Services Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. Total Funds $312,772,139 Federal Funds and Grants $63,602,746 Temporary Assistance for Needy Families Block Grant $78,749 Social Services Block Grant $30,636,459 Medical Assistance Program $20,129,911 Federal Funds Not Specifically Identified $12,757,627 Other Funds $79,164,086 Agency Funds $53,767,742 Other Funds - Not Specifically Identified $25,396,344 State Funds $170,005,307 Tobacco Funds $10,255,138 State General Funds $159,750,169 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $204,977,518 $329,172,829 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $52,456 $52,456 1632 JOURNAL OF THE SENATE Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funding for new provider training and quality compliance audits. Reflect savings from furloughs affecting 125 employees pay grade 15 and above. Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line. Defer 3% provider rate increase provided for in FY 2009. Defer funds for Oral Healthcare Resources provided for in FY 2009. Reduce state funds to reflect one-time refund from the employee retirement system. Reduce various contracts. Reduce funds for 135 vacant Mental Retardation Waiver Program slots provided for in FY 2009. (CC:Reflect increased FMAP.) Reduce motor vehicle purchases. Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $332,485). Increase federal funds to reflect change in Medicaid federal participation rate. Amount appropriated in this Act ($1,507,563) ($8,817,889) ($401,367) ($187,590) ($13,403) ($716,892) ($50,000) ($1,416,110) ($500,000) ($253,259) ($1,283,942) $0 ($19,876,652) $170,005,307 ($1,507,563) ($8,817,889) ($401,367) ($187,590) ($13,403) ($1,942,797) ($50,000) ($1,416,110) ($500,000) $0 ($1,283,942) ($332,485) $0 $312,772,139 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 $14,230,501 Federal Funds and Grants $3,452,979 TUESDAY, MARCH 10, 2009 1633 Preventive Health and Health Services Block Grant $1,210,877 Federal Funds Not Specifically Identified $2,242,102 Other Funds $0 State Funds $10,777,522 Tobacco Funds $6,475,000 State General Funds $4,302,522 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $12,400,624 $15,853,603 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $5,219 $5,219 Defer state employees' salary increases effective January 1, 2009. ($38,474) ($38,474) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and ($225,040) ($225,040) to 0%, effective March 1, 2009.) Reduce general grant-in-aid funding to county boards of health by 3.5%. ($57,549) ($57,549) Reflect savings from department-wide furlough. ($11,220) ($11,220) Transfer state funded Cancer State Aid positions to tobacco funds. ($140,000) ($140,000) Defer funds for the Georgia Commission to Save the Cure provided for in FY 2009. ($240,000) ($240,000) Recognize administrative efficiencies in the Stroke and Heart Attack Prevention Program. ($916,038) ($916,038) Amount appropriated in this Act $10,777,522 $14,230,501 26.7. Adult Forensic Services Purpose: To provide evaluation, treatment and residential services to adult clients 1634 JOURNAL OF THE SENATE referred by Georgia's criminal justice or corrections system. Total Funds $42,558,063 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 $41,167,570 State General Funds $41,167,570 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 (HB990) $46,249,924 $47,640,417 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,516 $1,516 Defer state employees' salary increases ($652,518) ($652,518) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($3,816,642) ($3,816,642) Reflect savings from furloughs affecting employees pay grade 15 and above. ($44,670) ($44,670) Eliminate 2 vacant forensic diversion coordinators. ($225,000) ($225,000) Eliminate 2 vacant forensic evaluator positions ($200,000) and associated travel ($250,000) ($250,000) ($50,000). Defer expansion of the forensic telemedicine pilot project. ($95,040) ($95,040) Amount appropriated in this Act $41,167,570 $42,558,063 26.8. Adult Mental Health Services Purpose: To provide evaluation, treatment, crisis stabilization, and residential TUESDAY, MARCH 10, 2009 1635 services to adults with mental illness. Total Funds $234,752,559 Federal Funds and Grants $26,985,790 Temporary Assistance for Needy Families Block Grant $270,319 Medical Assistance Program $8,510,180 Community Mental Health Services Block Grant $6,620,728 Federal Funds Not Specifically Identified $11,584,563 Other Funds $5,909,257 Agency Funds $5,099,844 Other Funds - Not Specifically Identified $809,413 State Funds $201,857,512 State General Funds $201,857,512 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $237,141,537 $262,475,550 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $11,821 $11,821 Defer state employees' salary increases ($2,089,913) ($2,089,913) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($11,596,897) ($11,596,897) Reduce funding for new provider training ($303,500) ($303,500) and reduce number of quality compliance audits. Reduce funds for non-medically necessary consumer and family assistance community services. ($762,624) ($762,624) Reduce training for mental illness, ($140,000) ($140,000) developmental disabilities, and addictive diseases. 1636 JOURNAL OF THE SENATE Reflect savings from furloughs affecting employees pay grade 15 and above. Reduce various MHDDAD contracts. Discontinue internship program for mental health consumers. Reduce funding for Centralized Navigation Website. Discontinue funding for the Family to Family program. Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line. Reduce funding for mental health services provided by the United Way Regional Commission. Reduce supported employment funding for mental health consumers. Reduce state funds to reflect one-time refund from the employee retirement system. Reduce motor vehicle purchases. Reflect savings from a delayed start date for crisis services in the community for the mental health and addictive disease consumers: a. Mobile Crisis Services start date January 1, 2009 ($1,400,000), b. 3 Assertive Community Treatment start date November 15, 2009 ($866,667), c. 3 Crisis Stabilization Programs start date January 1, 2009 ($2,350,000). Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $949,146). Increase federal funds to reflect change in Medicaid federal participation rate. Increase funds to help community providers cover expenditures for services not reimbursed by Medicaid. Amount appropriated in this Act ($133,930) ($1,717,380) ($130,000) ($240,000) ($100,000) $0 ($75,000) ($3,800,000) ($3,369,755) ($210,000) ($4,616,667) $0 ($8,510,180) $2,500,000 $201,857,512 ($133,930) ($1,717,380) ($130,000) ($240,000) ($100,000) $0 ($75,000) ($3,800,000) ($3,369,755) ($210,000) ($4,616,667) ($949,146) $0 $2,500,000 $234,752,559 TUESDAY, MARCH 10, 2009 1637 26.9. Adult Nursing Home Services Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. Total Funds $11,378,001 Other Funds $9,012,772 Agency Funds $9,012,772 State Funds $2,365,229 State General Funds $2,365,229 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,383,183 $11,395,955 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $386 $386 Reflect savings from 1 day per month furlough affecting employees pay grade 15 and above. ($18,340) ($18,340) Amount appropriated in this Act $2,365,229 $11,378,001 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 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 $11,872,326 Federal Funds and Grants $9,733,254 Prevention and Treatment of Substance Abuse Block Grant $12,840,951 Other Funds $0 1638 JOURNAL OF THE SENATE State Funds $2,139,072 State General Funds $2,139,072 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 (HB990) $9,420,763 $19,154,017 Reflect allocation of telecommunication $612 $612 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($161,308) ($161,308) Reduce the State Health Benefit Plan ($943,507) ($943,507) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funding for new provider training and reduce number of quality compliance audits. ($27,500) ($27,500) Reflect savings from furloughs affecting employees pay grade 15 and above. ($3,290) ($3,290) Reduce various contracts. ($100,000) ($100,000) Reduce Behavioral Health Link contract for ($40,745) ($40,745) the Georgia Crisis and Access Line. Reduce funds for non-medically necessary community support services. ($1,000,000) ($1,000,000) Discontinue funding for the pardons and ($1,180,145) ($1,180,145) parole outpatient substance abuse service program. Defer expansion of a pilot treatment program for families and children. ($3,273,822) ($3,273,822) Reduce funding for child and adolescent ($551,986) ($551,986) substance abuse core services. Amount appropriated in this Act $2,139,072 $11,872,326 26.12. Child and Adolescent Developmental Disabilities Services TUESDAY, MARCH 10, 2009 1639 Purpose: To provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. Total Funds $28,779,937 Federal Funds and Grants $12,791,418 Medical Assistance Program $7,041,910 Federal Funds Not Specifically Identified $2,641,811 Other Funds $3,722,681 Other Funds - Not Specifically Identified $3,722,681 State Funds $12,265,838 State General Funds $12,265,838 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $20,819,083 $30,542,359 Reflect allocation of telecommunication expenses resulting from the GAIT $3,983 $3,983 Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($139,370) ($139,370) Reduce the State Health Benefit Plan ($815,189) ($815,189) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce training for mental illness, developmental disabilities, and addictive diseases. ($109,167) ($109,167) Reflect savings from furloughs affecting ($4,760) ($4,760) employees pay grade 15 and above. Defer 3% provider rate increase provided for in FY 2009. ($146,832) ($397,919) Defer funds for Matthew Reardon provided ($50,000) ($50,000) for in FY 2009. Eliminate new funding provided for in FY 2009 for Marcus Institute. ($250,000) ($250,000) 1640 JOURNAL OF THE SENATE Reduce funds for 135 vacant Mental Retardation Waiver Program slots provided for in FY 2009. (CC:Reflect increased FMAP.) Increase federal funds to reflect change in Medicaid federal participation rate. Amount appropriated in this Act ($51,872) ($6,990,038) $12,265,838 $0 $0 $28,779,937 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 $2,948,404 Federal Funds and Grants $0 Other Funds $0 State Funds $2,948,404 State General Funds $2,948,404 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,103,859 $3,103,859 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $657 $657 Defer state employees' salary increases effective January 1, 2009. ($22,687) ($22,687) Reduce the State Health Benefit Plan ($132,695) ($132,695) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reflect savings from furloughs affecting 125 employees pay grade 15 and above. ($730) ($730) Amount appropriated in this Act $2,948,404 $2,948,404 26.14. Child and Adolescent Mental Health Services TUESDAY, MARCH 10, 2009 1641 Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. Total Funds $131,341,924 Federal Funds and Grants $14,067,846 Medical Assistance Program $5,516,431 Community Mental Health Services Block Grant $6,509,895 Federal Funds Not Specifically Identified $2,041,520 Other Funds $51,196,318 Agency Funds $11 Other Funds - Not Specifically Identified $51,196,307 State Funds $65,885,406 State General Funds $65,885,406 Intra-State Government Transfers $192,354 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 $90,721,809 $150,787,896 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $4,819 $4,819 Defer state employees' salary increases ($453,614) ($453,614) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($2,653,232) ($2,653,232) Reduce training for mental illness, ($44,315) ($44,315) developmental disabilities, and addictive diseases. Reduce funding for new provider training and reduce number of quality compliance audits. ($676,000) ($802,000) Reduce funds for non-medically necessary ($3,000,000) ($3,000,000) community support services. 1642 JOURNAL OF THE SENATE Reflect savings from furloughs affecting employees pay grade 15 and above. Reduce state funds to reflect one-time refund from the employee retirement system. Reduce various contracts. Replace state general funds with other funds for the transition of consumers from 4 stateoperated community homes to the community. Defer planned expansion of summer activities for youth with serious emotional disturbances. Reduce funding for mental health services provided by the United Way Regional Commission. Provide for a savings in the child and adolescent crisis stabilization program. Defer proposed Medicaid rate increase for child and adolescent mental health. Replace state general funds with other funds for the transition of child and adolescent residential services. Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line. Reduce motor vehicle purchases. Replace state general funds with other funds for the transition of child and adolescent services in the Outdoor Therapeutic program. Increase federal funds to reflect change in Medicaid federal participation rate. Amount appropriated in this Act ($24,310) ($353,507) ($100,000) ($1,734,000) ($1,000,000) ($25,000) ($723,873) ($3,000,000) ($2,411,355) ($61,117) ($39,000) ($3,025,468) ($5,516,431) $65,885,406 ($24,310) ($353,507) ($100,000) ($1,734,000) ($1,000,000) ($25,000) ($723,873) ($3,000,000) ($2,411,355) ($61,117) ($39,000) ($3,025,468) $0 $131,341,924 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 $226,160,885 Federal Funds and Grants $169,839,659 Temporary Assistance for Needy Families Block Grant $12,115,439 TUESDAY, MARCH 10, 2009 1643 Social Services Block Grant $90 Child Care & Development Block Grant $64,619,903 CCDF Mandatory & Matching Funds $90,698,416 Federal Funds Not Specifically Identified $2,405,811 Other Funds $2,500,000 Agency Funds $2,500,000 State Funds $53,821,226 State General Funds $53,821,226 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $58,577,959 $226,676,511 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $286 $286 Defer state employees' salary increases ($75,325) ($75,325) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($440,587) ($440,587) Reduce state funds for the Child Care ($4,241,107) $0 Services program and replace with TANF funds ($1,835,296) and unobligated Child Care Development Funds (CCDF) ($2,405,811). Amount appropriated in this Act $53,821,226 $226,160,885 26.16. Child Support Services Purpose: Encourage and enforce the parental responsibility of paying financial support. Total Funds $89,580,919 Federal Funds and Grants $64,007,108 Social Services Block Grant $120,000 1644 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $63,887,108 Other Funds $2,841,500 Agency Funds $2,541,500 Other Funds - Not Specifically Identified $300,000 State Funds $22,336,551 State General Funds $22,336,551 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: State Funds Total Funds Amount from prior Appropriation Act (HB990) $24,963,922 $94,205,955 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $770,782 $770,782 Defer state employees' salary increases effective January 1, 2009. ($228,796) ($228,796) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,338,257) ($1,338,257) Reflect savings from furloughs affecting 116 employees pay grade 15 and above. ($83,100) ($244,412) Eliminate 33 vacant positions. ($476,000) ($1,400,000) Reflect savings from discontinuing the call center contract with United Way and providing service with internal staff through a virtual call center. ($300,000) ($882,353) Reduce district attorney contracts and ($272,000) ($602,000) eliminate 1 district attorney legal services contract. Reduce program funding and maximize federal contributions. ($700,000) ($700,000) Amount appropriated in this Act $22,336,551 $89,580,919 TUESDAY, MARCH 10, 2009 1645 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 $286,640,149 Federal Funds and Grants $165,238,249 Temporary Assistance for Needy Families Block Grant $66,839,688 Social Services Block Grant $8,264,167 Foster Care Title IV-E $28,858,623 Medical Assistance Program $13,045,051 Community Service Block Grant $4,000 CCDF Mandatory & Matching Funds $721,335 TANF Transfers to Social Services Block Grant $25,800,000 Federal Funds Not Specifically Identified $21,705,385 Other Funds $26,438,482 Other Funds - Not Specifically Identified $24,830,076 Prior Year Funds - Other $1,608,406 State Funds $94,963,418 State General Funds $94,963,418 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 $117,613,541 $323,659,907 (HB990) Defer state employees' salary increases effective January 1, 2009. ($2,807,408) ($2,807,408) Reduce the State Health Benefit Plan ($3,479,704) ($3,479,704) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce child protective services caseworkers through attrition and maintain a 15:1 caseload ratio (Total Funds: $14,451,878). ($7,595,616) ($14,451,878) Defer Regional Assessment Center funding provided in FY 2009 (Total Funds: $1,194,101). ($560,000) ($1,194,101) 1646 JOURNAL OF THE SENATE Reduce state funded contracts through lower utilization and administrative efficiencies (Total Funds: $426,466). Reduce staffing through layoffs (approximately two hundred eighty-four (284) positions. Case to worker ratio would increase to above 17:1. Transfer state funds to Adoption Services to fund projected caseload growth. Transfer $1,471,047 in federal funds from Child Welfare Services program to Adoption Services program to fund projected caseload growth. Reflect savings from special 1 day per month DFCS furlough for pay grade 12 and above (Total Funds: ($5,405,410). Reduce TANF funds based on historical expenditures (Total Funds: $4,839,159). Reflect savings from department-wide furlough for employees pay grade 15 and above (Total Funds: $1,757,085). Increase federal funds to reflect change in Medicaid federal participation rate. Increase funds for the Rainbow House. Reduce funds due to the Targeted Case Management moratorium. Amount appropriated in this Act ($200,000) $0 ($1,200,000) $0 ($2,534,666) $0 ($825,830) ($1,124,588) $12,500 ($2,334,811) $94,963,418 ($426,466) $0 ($1,200,000) ($1,471,047) ($5,405,410) ($4,839,159) ($1,757,085) $0 $12,500 $0 $286,640,149 26.18. Direct Care Support Services Purpose: Provide facility support services and direct patient support therapies. Total Funds $163,180,964 Federal Funds and Grants $3,205,526 Federal Funds Not Specifically Identified $3,205,526 Other Funds $41,506,342 Agency Funds $40,682,332 Other Funds - Not Specifically Identified $824,010 State Funds $113,313,562 State General Funds $113,313,562 TUESDAY, MARCH 10, 2009 1647 Intra-State Government Transfers $5,155,534 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 (HB990) $122,634,924 $172,502,326 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $138,941 $138,941 Defer state employees' salary increases effective January 1, 2009. ($2,205,756) ($2,205,756) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($6,814,829) ($6,814,829) Reflect savings from furloughs affecting employees pay grade 15 and above. ($259,500) ($259,500) Reduce motor vehicle purchases. ($180,218) ($180,218) Amount appropriated in this Act $113,313,562 $163,180,964 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 $17,397,116 Federal Funds and Grants $4,251,150 Social Services Block Grant $2,279,539 Medical Assistance Program $99,654 Federal Funds Not Specifically Identified $1,871,957 Other Funds $76,015 Other Funds - Not Specifically Identified $76,015 State Funds $13,069,951 State General Funds $13,069,951 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1648 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reflect savings from department-wide furlough. Discontinue the Public Guardianship program ($250,000), eliminate associated vacant state office position ($77,880), and utilize existing Adult Protection Services staff to serve clients. Reduce state funds to reflect additional federal funding for Targeted Case Management (TCM) available in FY 2009. Increase federal funds to reflect change in Medicaid federal participation rate. Amount appropriated in this Act State Funds $14,577,451 $11,309 ($91,322) ($534,151) ($65,802) ($327,880) ($400,000) ($99,654) $13,069,951 Total Funds $18,404,962 $11,309 ($91,322) ($534,151) ($65,802) ($327,880) $0 $0 $17,397,116 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 $116,229,233 Federal Funds and Grants $49,317,781 Social Services Block Grant $3,761,430 Medical Assistance Program $7,882,457 Federal Funds Not Specifically Identified $37,673,894 Other Funds $121,742 Agency Funds $121,742 State Funds $66,789,710 TUESDAY, MARCH 10, 2009 1649 Tobacco Funds $5,073,877 State General Funds $61,715,833 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 (HB990) $78,540,174 $120,097,240 Reflect allocation of telecommunication $3,230 $3,230 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($7,031) ($7,031) Reduce the State Health Benefit Plan ($41,120) ($41,120) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contract expenditures through reduced utilization and administrative efficiencies. ($7,057) ($7,057) Transfer state funds from the Elder Community Living Services program to the Elder Support Services program. ($1,409,144) ($1,409,144) Transfer Tobacco Funds from the Elder Support Services program to the Elder Community Living Services program. $1,409,144 $1,409,144 Reflect savings from department-wide ($20,994) ($20,994) furlough. Defer Community Care Service Program (CCSP) rate increase provided for in FY 2009. ($1,350,227) ($1,350,227) Reduce funds for Alzheimer's respite ($190,281) ($190,281) services. Reduce funding for Senior Connections in DeKalb County. ($20,000) ($20,000) Reduce funding for the Haralson County ($15,000) ($15,000) Senior Center. 1650 JOURNAL OF THE SENATE Discontinue funding for Alzheimer's Congregational Respite training. Discontinue funding for Naturally Occurring Retirement Communities (NORCs). Discontinue Wellness: Take Charge of Your Health program ($336,000) and eliminate associated vacant state office position ($66,169). Reduce funding for wellness and nutrition education programs. Reduce funds for non-Medicaid home and community based respite services through attrition. Increase federal funds to reflect change in Medicaid federal participation rate. Amount appropriated in this Act ($96,000) ($282,500) ($402,169) ($560,330) ($878,528) ($7,882,457) $66,789,710 ($96,000) ($282,500) ($402,169) ($560,330) ($878,528) $0 $116,229,233 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 $8,034,072 Federal Funds and Grants $5,901,407 Federal Funds Not Specifically Identified $5,901,407 Other Funds $0 State Funds $2,132,665 Tobacco Funds $1,117,929 State General Funds $1,014,736 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 (HB990) $4,586,229 $10,487,636 Reflect allocation of telecommunication $719 $719 expenses resulting from the GAIT Outsourcing Project. TUESDAY, MARCH 10, 2009 1651 Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Transfer state funds from the Elder Community Living Services program to the Elder Support Services program. Transfer Tobacco Funds from the Elder Support Services program to the Elder Community Living Services program. Discontinue the Life Long Planning program ($970,071) and eliminate associated vacant state office position ($70,820). Discontinue the GeorgiaCares Prescription Assistance program ($300,000) and eliminate associated vacant state office position ($58,220). Discontinue funding for Naturally Occurring Retirement Communities (NORCs). Defer funds for Nutritional Services Incentive Program provided for in FY 2009. Amount appropriated in this Act ($573) ($3,349) $1,409,144 ($1,409,144) ($1,040,891) ($358,220) ($267,500) ($783,750) $2,132,665 ($573) ($3,349) $1,409,144 ($1,409,144) ($1,040,891) ($358,220) ($267,500) ($783,750) $8,034,072 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 $125,004,089 Federal Funds and Grants $64,061,277 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 $61,232,690 Other Funds $4,187,397 Other Funds - Not Specifically Identified $4,187,397 State Funds $56,755,415 1652 JOURNAL OF THE SENATE State General Funds $56,755,415 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 (HB990) $56,870,673 $125,750,993 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,391,702 $1,391,702 Defer state employees' salary increases effective January 1, 2009. ($127,799) ($127,799) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($747,515) ($747,515) Reduce eligibility determination positions through attrition (Total Funds: $1,263,292). ($631,646) ($1,263,292) Amount appropriated in this Act $56,755,415 $125,004,089 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 $47,643,644 Federal Funds and Grants $42,726,666 Maternal and Child Health Services Block Grant $407,750 Preventive Health and Health Services Block Grant $1,147,504 Federal Funds Not Specifically Identified $41,171,412 Other Funds $0 State Funds $4,916,978 State General Funds $4,916,978 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $6,401,703 $49,128,369 TUESDAY, MARCH 10, 2009 1653 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contract expenditures through reduced utilization and administrative efficiencies. Eliminate 3 vacant positions. Reduce general grant-in-aid funding to county boards of health by 3.5%. Reflect savings from department-wide furlough. Reflect savings related to reduced expense for antiviral storage. Reduce funds for designated trauma centers. Amount appropriated in this Act $9,184 ($22,835) ($133,559) ($7,540) ($125,854) ($33,901) ($70,220) ($100,000) ($1,000,000) $4,916,978 $9,184 ($22,835) ($133,559) ($7,540) ($125,854) ($33,901) ($70,220) ($100,000) ($1,000,000) $47,643,644 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. Total Funds $11,915,502 1654 JOURNAL OF THE SENATE Federal Funds and Grants $6,419,324 Preventive Health and Health Services Block Grant $196,750 Federal Funds Not Specifically Identified $6,222,574 Other Funds $53,000 Other Funds - Not Specifically Identified $53,000 State Funds $5,390,358 Tobacco Funds $115,637 State General Funds $5,274,721 Intra-State Government Transfers $52,820 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 (HB990) $5,996,602 $12,521,746 Reflect allocation of telecommunication $1,008 $1,008 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($57,698) ($57,698) Reduce the State Health Benefit Plan ($337,487) ($337,487) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contract expenditures through reduced utilization and administrative efficiencies. ($1,130) ($1,130) Reduce funds to reflect department-wide furlough. ($46,780) ($46,780) Reduce general grant-in-aid funding to county boards of health by 3.5%. ($24,203) ($24,203) Eliminate 3 vacant positions. ($139,954) ($139,954) Amount appropriated in this Act $5,390,358 $11,915,502 26.26. Facility and Provider Regulation Purpose: Inspect and license foster care residential facilities, child placing agencies, TUESDAY, MARCH 10, 2009 1655 and health care facilities. Total Funds $15,416,914 Federal Funds and Grants $7,585,002 Foster Care Title IV-E $312,568 Federal Funds Not Specifically Identified $7,272,434 Other Funds $70,000 Other Funds - Not Specifically Identified $70,000 State Funds $7,761,912 State General Funds $7,761,912 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $8,759,268 $16,414,270 Reflect allocation of telecommunication $5,996 $5,996 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($54,807) ($54,807) Reduce the State Health Benefit Plan ($320,573) ($320,573) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Eliminate the following vacant positions: a. 1 Rules Coordinator & 1 Complaint Intake Manager ($148,871) b. 2 Adult Day care positions ($212,500) c. 1 Diagnostic Surveyor ($14,330) d. 1 Personal Care Home surveyor ($77,771) ($453,472) ($453,472) Reflect savings from furloughs affecting 125 employees pay grade 15 and above. ($121,300) ($121,300) Reduce State Fire Marshal Office contract. ($3,200) ($3,200) Reduce operating expenses. ($50,000) ($50,000) Amount appropriated in this Act $7,761,912 $15,416,914 1656 JOURNAL OF THE SENATE 26.27. Family Violence Services Purpose: To provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Total Funds $12,850,708 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 $5,001,950 State General Funds $5,001,950 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 (HB990) $6,151,950 $14,000,708 Eliminate new funding for family violence shelters provided for in FY 2009. ($615,000) ($615,000) Eliminate new funding for sexual assault ($535,000) ($535,000) centers provided for in FY 2009. Amount appropriated in this Act $5,001,950 $12,850,708 26.28. Federal and Unobligated Balances Purpose: Reflect balances of federal funds from prior years. No services are provided. Total Funds $37,348,536 Federal Funds and Grants $37,348,536 TANF Block Grant - Unobligated Balance $37,348,536 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $0 $21,966,009 Reflect TANF Unobligated Balance. $0 $15,382,527 Amount appropriated in this Act $0 $37,348,536 TUESDAY, MARCH 10, 2009 1657 26.29. Food Stamp Eligibility and Benefits Purpose: To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries. Total Funds $91,139,087 Federal Funds and Grants $53,495,947 Federal Funds Not Specifically Identified $53,495,947 Other Funds $12,409 Other Funds - Not Specifically Identified $12,409 State Funds $37,630,731 State General Funds $37,630,731 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $39,590,489 $93,658,984 Defer state employees' salary increases effective January 1, 2009. ($204,350) ($204,350) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,195,269) ($1,195,269) Reduce eligibility determination positions through attrition (Total Funds: $1,120,178). ($560,139) ($1,120,278) Amount appropriated in this Act $37,630,731 $91,139,087 26.30. Immunization Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $27,455,666 Federal Funds and Grants $16,290,395 Maternal and Child Health Services Block Grant $7,164,877 Preventive Health and Health Services Block Grant $703,712 Federal Funds Not Specifically Identified $8,421,806 Other Funds $469,946 1658 JOURNAL OF THE SENATE Agency Funds $469,946 State Funds $10,695,325 State General Funds $10,695,325 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 $11,962,587 $28,320,797 (HB990) Defer state employees' salary increases effective January 1, 2009. ($100,574) ($100,574) Reduce the State Health Benefit Plan ($588,269) ($588,269) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds to reflect department-wide furlough. ($22,860) ($22,860) Reduce general grant-in-aid funding to ($153,428) ($153,428) county boards of health by 3.5%. Replace state funds with federal funds for the ($402,131) $0 purchase of Rotavirus vaccines for under- insured infants. Amount appropriated in this Act $10,695,325 $27,455,666 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 $61,526,272 Federal Funds and Grants $28,353,517 Maternal and Child Health Services Block Grant $8,086,561 Preventive Health and Health Services Block Grant $267,356 Federal Funds Not Specifically Identified $19,999,600 Other Funds $0 State Funds $33,172,755 State General Funds $33,172,755 Intra-State Government Transfers $0 TUESDAY, MARCH 10, 2009 1659 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $38,933,461 $67,286,978 Defer state employees' salary increases effective January 1, 2009. ($341,404) ($341,404) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,996,911) ($1,996,911) Reduce purchase of supplies and other ($264,000) ($264,000) operating expenses. Eliminate 2 vacant positions. ($92,084) ($92,084) Reduce contract expenditures through reduced utilization and administrative ($21,218) ($21,218) efficiencies. Reduce general grant-in-aid funding to county boards of health by 3.5%. ($144,927) ($144,927) Reflect savings from department-wide furlough. ($22,450) ($22,450) Reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs. ($1,200,000) ($1,200,000) Transfer 5 state funded positions to federal funds. ($260,349) ($260,349) Defer planned expansion of the purchase of car beds. ($36,000) ($36,000) Defer funds for a second sickle cell bus provided for in FY 2009. ($300,000) ($300,000) Reduce funds for sickle cell services provided by the Fulton-DeKalb Hospital Authority. ($88,796) ($88,796) Reduce funds for Hemophilia of Georgia contract. ($182,000) ($182,000) 1660 JOURNAL OF THE SENATE Reduce funds for the Infant and Maternal Health Advisory Council. Reduce funding for Tertiary Care Center administration contracts. Reduce unobligated funds previously used for tertiary care center contracts management. Amount appropriated in this Act ($144,430) ($200,000) ($466,137) $33,172,755 ($144,430) ($200,000) ($466,137) $61,526,272 26.32. Infant and Child Health Promotion Purpose: To provide education and services to promote health and nutrition for infants and children. Total Funds $292,827,016 Federal Funds and Grants $275,131,707 Temporary Assistance for Needy Families Block Grant $4,094,783 Maternal and Child Health Services Block Grant $3,813,329 Preventive Health and Health Services Block Grant $156,221 Federal Funds Not Specifically Identified $267,067,374 Other Funds $49,137 Agency Funds $41,840 Other Funds - Not Specifically Identified $7,297 State Funds $17,575,484 State General Funds $17,575,484 Intra-State Government Transfers $70,688 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 $29,858,162 $305,109,694 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $8,988 $8,988 Defer state employees' salary increases ($1,439,198) ($1,439,198) effective January 1, 2009. TUESDAY, MARCH 10, 2009 1661 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contract expenditures through reduced utilization and administrative efficiencies. Reduce general grant-in-aid funding to county boards of health by 3.5%. Reflect savings from department-wide furlough. Defer planned expansion of the purchase of car seats. Reduce funds to recognize administrative efficiencies in the newborn screening followup contract with Emory University. Defer funds for YMCA Youth Fit for Life provided for in FY 2008. Defer funds for Safe House Outreach provided for in FY 2009. Reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs. Transfer 6 state funded positions to federal funds. Eliminate 9 vacant positions. Reflect savings from discontinuing Saturday lab hours. Amount appropriated in this Act ($8,418,023) ($4,760) ($256,257) ($32,000) ($200,000) ($134,320) ($100,000) ($40,000) ($545,069) ($405,464) ($380,875) ($335,700) $17,575,484 ($8,418,023) ($4,760) ($256,257) ($32,000) ($200,000) ($134,320) ($100,000) ($40,000) ($545,069) ($405,464) ($380,875) ($335,700) $292,827,016 26.33. Infectious Disease Control Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $96,742,198 Federal Funds and Grants $59,503,141 Maternal and Child Health Services Block Grant $484,489 1662 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $59,018,652 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $37,089,057 State General Funds $37,089,057 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $41,912,787 $101,565,928 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,334 $1,334 Defer state employees' salary increases ($1,180,930) ($1,180,930) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($2,571,827) ($2,571,827) Reduce purchase of supplies and other ($400,000) ($400,000) operating expenses. Eliminate 8 vacant positions. ($396,186) ($396,186) Reduce contract expenditures through reduced utilization and administrative efficiencies. ($26,316) ($26,316) Reduce general grant-in-aid funding to county boards of health by 3.5%. ($183,615) ($183,615) Reflect savings from department-wide furlough. ($66,190) ($66,190) Amount appropriated in this Act $37,089,057 $96,742,198 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 $2,428,892 TUESDAY, MARCH 10, 2009 1663 Federal Funds and Grants $1,459,130 Preventive Health and Health Services Block Grant $112,005 Federal Funds Not Specifically Identified $1,347,125 Other Funds $0 State Funds $969,762 Tobacco Funds $75,000 State General Funds $894,762 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,257,613 $2,716,743 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $447 $447 Defer state employees' salary increases effective January 1, 2009. ($16,770) ($16,770) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($98,093) ($98,093) Eliminate 1 vacant position. ($41,227) ($41,227) Reduce funds to reflect department-wide furlough. ($7,870) ($7,870) Reduce general grant-in-aid funding to county boards of health by 3.5%. ($8,750) ($8,750) Discontinue funding for the suicide ($115,588) ($115,588) prevention planning activities. (CC:Restore partial funding.) Amount appropriated in this Act $969,762 $2,428,892 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. 1664 JOURNAL OF THE SENATE Total Funds $19,950,266 Federal Funds and Grants $1,320,931 Maternal and Child Health Services Block Grant $200,210 Preventive Health and Health Services Block Grant $336,772 Federal Funds Not Specifically Identified $783,949 Other Funds $438,262 Other Funds - Not Specifically Identified $438,262 State Funds $18,191,073 State General Funds $18,191,073 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $18,927,060 $20,686,253 Reflect allocation of telecommunication $787 $787 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($53,831) ($53,831) Reduce the State Health Benefit Plan ($314,864) ($314,864) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Eliminate 1 vacant position. ($73,162) ($73,162) Reduce funds to reflect department-wide ($34,500) ($34,500) furlough. Reduce general grant-in-aid funding to county boards of health by 3.5%. ($260,417) ($260,417) Redirect funding to Adolescent and Adult $0 $0 Health Promotion to be distributed as county grant-in-aid. Amount appropriated in this Act $18,191,073 $19,950,266 26.36. Out-of-Home Care Purpose: Provide safe and appropriate temporary homes for children removed from TUESDAY, MARCH 10, 2009 1665 their families due to neglect, abuse, or abandonment. Total Funds $254,418,977 Federal Funds and Grants $154,684,554 Temporary Assistance for Needy Families Block Grant $100,165,092 Foster Care Title IV-E $42,187,462 Federal Funds Not Specifically Identified $12,332,000 Other Funds $0 State Funds $99,734,423 State General Funds $99,734,423 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 (HB990) $115,871,866 $263,854,696 Transfer $2,649,000 in TANF funds from the $0 ($2,649,000) Out-of-Home Care program to the Support for Needy Families - Basic program to align budget with expenditures. Reduce state funds for the Out-of-Home ($12,000,000) $0 Care program and replace with TANF funds. Reduce Child Placing Agency (CPA) ($980,191) ($3,518,890) reimbursement rates for the lowest 3 levels of care provided. Reflect Out-of-Home Care program savings due to higher utilization of in-home services (Total Funds: $310,970). ($259,466) ($310,970) Reduce Foster Care Title IV-E funds by $0 ($2,956,859) $2,956,859 to align budget with expenditures. Recognize additional Federal Medical ($2,897,786) $0 Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. Amount appropriated in this Act $99,734,423 $254,418,977 26.38. Refugee Assistance Purpose: To provide employment, health screening, medical, cash, and social services 1666 JOURNAL OF THE SENATE assistance to refugees. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified $4,749,006 $4,749,006 $4,749,006 26.39. 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 $23,097,732 Federal Funds and Grants $22,893,046 Prevention and Treatment of Substance Abuse Block Grant $19,978,445 Federal Funds Not Specifically Identified $2,914,601 Other Funds $194,000 Agency Funds $194,000 State Funds $10,686 State General Funds $10,686 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,238,772 $24,325,818 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $393 $393 Defer state employees' salary increases effective January 1, 2009. ($46,541) ($46,541) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($272,228) ($272,228) Reduce funds to reflect department-wide furlough. ($9,710) ($9,710) Reduce purchase of supplies and other operating expenses. ($400,600) ($400,600) TUESDAY, MARCH 10, 2009 1667 Transfer 3 state funded positions and associated operating expenses to federal funds. Amount appropriated in this Act ($499,400) $10,686 ($499,400) $23,097,732 26.40. 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 $59,687,784 Federal Funds and Grants $59,587,784 Temporary Assistance for Needy Families Block Grant $28,026,964 TANF Block Grant - Unobligated Balance $31,560,820 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 $100,000 $58,100,000 (HB990) Transfer $2,649,000 in TANF funds from the Out-of-Home Care program to the Support for Needy Families - Basic program to align budget with expenditures. $0 $2,649,000 Align TANF Block Grant funding with $0 ($1,061,216) anticipated expenditures. Provide for an additional reduction. $0 $0 Amount appropriated in this Act $100,000 $59,687,784 26.41. 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 $49,746,232 Federal Funds and Grants $48,354,536 Temporary Assistance for Needy Families Block Grant $29,526,128 Community Service Block Grant $17,185,183 1668 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $1,643,225 Other Funds $0 State Funds $1,391,696 State General Funds $1,391,696 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 (HB990) $6,464,606 $54,819,142 Defer state employees' salary increases ($2,091,321) ($2,091,321) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($2,981,589) ($2,981,589) Reduce funding provided for in FY 2009 for ($673,696) ($904,543) rent increases for 4 new county DFCS offices (Total Funds: $904,543). Reduce staffing through special DFCS $0 $0 furlough plan and attrition, Seven hundred- two (702) positions equivalents over nine (9) months. Goal is to maintain cases to worker ratio of 15:1 Increase funds to plan for a new county $673,696 $904,543 owned DFCS facility in Carroll County, Liberty County, Walton County, and Treutlen County. Amount appropriated in this Act $1,391,696 $49,746,232 Provided, however, from the appropriation of State General Funds designated above for program 26.41. Support for Needy Families - Family Assistance, the amount of $673,696 is specifically appropriated for this purpose: "Increase funds to plan for a new county owned DFCS facility in Carroll County, Liberty County, Walton County, and Treutlen County". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.41. Support for Needy Families - Family Assistance above may be used for this specific purpose as well. TUESDAY, MARCH 10, 2009 1669 26.42. 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 $33,234,348 Federal Funds and Grants $25,519,348 Temporary Assistance for Needy Families Block Grant $23,116,253 CCDF Mandatory & Matching Funds $6,500 Federal Funds Not Specifically Identified $2,396,595 State Funds $7,695,000 State General Funds $7,695,000 Intra-State Government Transfers $20,000 Medicaid Services Payments - Other Agencies $20,000 26.43. Vital Records Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $3,718,958 Federal Funds and Grants $500,680 Federal Funds Not Specifically Identified $500,680 Other Funds $0 State Funds $3,218,278 State General Funds $3,218,278 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,764,443 $4,265,123 Reflect allocation of telecommunication $2,364 $2,364 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($78,045) ($78,045) 1670 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds to reflect department-wide furlough. Amount appropriated in this Act ($456,494) ($13,990) $3,218,278 ($456,494) ($13,990) $3,718,958 The following appropriations are for agencies attached for administrative purposes. 26.44. Brain & 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 $2,072,243 Federal Funds and Grants $100,000 Federal Funds Not Specifically Identified $100,000 Other Funds $3,250 Agency Funds $3,250 State Funds $1,968,993 Brain & Spinal Injury Trust Fund $1,968,993 26.45. 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 $198,954 Federal Funds and Grants $0 Other Funds $0 State Funds $198,954 State General Funds $198,954 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds TUESDAY, MARCH 10, 2009 1671 Amount from prior Appropriation Act (HB990) Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Defer funding provided in FY 2009 for the Georgia for a Lifetime study (Project 2020). Amount appropriated in this Act $252,352 ($2,185) ($11,213) $0 ($40,000) $198,954 $252,352 ($2,185) ($11,213) $0 ($40,000) $198,954 26.46. Governor's Council on Developmental Disabilities Purpose: Promote quality services and support for people with developmental disabilities and their families. Total Funds $2,247,814 Federal Funds and Grants $2,195,817 Federal Funds Not Specifically Identified $2,195,817 Other Funds $0 State Funds $51,997 State General Funds $51,997 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $70,917 $2,266,734 Defer state employees' salary increases ($10,655) ($10,655) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($3,811) ($3,811) 1672 JOURNAL OF THE SENATE Provide for an additional reduction to operations. Delay hiring vacant program associate position. Amount appropriated in this Act $0 ($4,454) $51,997 $0 ($4,454) $2,247,814 26.47. Family Connection Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $10,666,364 Federal Funds and Grants $2,037,272 Temporary Assistance for Needy Families Block Grant $1,200,000 Federal Funds Not Specifically Identified $837,272 Other Funds $0 State Funds $8,629,092 State General Funds $8,629,092 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $9,600,837 $12,069,608 Defer state employees' salary increases ($2,959) ($2,959) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($9,787) ($9,787) Provide for an additional reduction to $0 $0 operations. Reduce state funds for technical assistance ($431,499) and county collaborative contracts ($477,000) (Total funds: $1,339,998). ($908,499) ($1,339,998) Reduce personal services ($40,000) and ($50,500) ($50,500) regular operating expenses ($10,500). TUESDAY, MARCH 10, 2009 1673 Amount appropriated in this Act $8,629,092 $10,666,364 26.48. Sexual Offender Review Board Purpose: Protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. Total Funds $869,183 Federal Funds and Grants $0 Other Funds $0 State Funds $869,183 State General Funds $869,183 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 (HB990) $955,737 $955,737 Defer state employees' salary increases effective January 1, 2009. ($1,538) ($1,538) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($19,502) ($19,502) Provide for an additional reduction to operations. ($8,793) ($8,793) Reduce operating expenses. ($56,721) ($56,721) Amount appropriated in this Act $869,183 $869,183 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 $17,638,352 $954,555 $954,555 $97,232 $81,806 $15,426 $16,586,565 1674 JOURNAL OF THE SENATE State General Funds Intra-State Government Transfers $16,586,565 $0 27.1. Administration Purpose: Protecting the rights of Georgia citizens in insurance and industrial loan transactions, and maintain a fire safe environment. Total Funds $1,923,334 Federal Funds and Grants $0 Other Funds $0 State Funds $1,923,334 State General Funds $1,923,334 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $2,490,268 $2,490,268 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,212 $1,212 Defer state employees' salary increases ($24,846) ($24,846) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($123,325) ($123,325) Provide for an additional reduction to ($68,221) ($68,221) operations. Reduce personal services through a combination of attrition, furloughs, and reductions in force. ($275,713) ($275,713) Reduce real estate rentals to $743,075 based ($1,041) ($1,041) on current GBA rental billings. Reduce funding for computer charges. ($75,000) ($75,000) Amount appropriated in this Act $1,923,334 $1,923,334 TUESDAY, MARCH 10, 2009 1675 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 $703,609 Federal Funds and Grants $0 Other Funds $0 State Funds $703,609 State General Funds $703,609 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $883,508 $883,508 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $307 $307 Defer state employees' salary increases effective January 1, 2009. ($11,526) ($11,526) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($53,999) ($53,999) Reduce personal services through a combination of attrition, furloughs, and ($100,713) ($100,713) reductions in force. Reduce real estate rentals to $743,075 based on current GBA rental billings. ($3,968) ($3,968) Reduce funding for contractual services. ($10,000) ($10,000) Amount appropriated in this Act $703,609 $703,609 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 $5,713,437 1676 JOURNAL OF THE SENATE 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 $4,661,650 State General Funds $4,661,650 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $5,649,189 $6,700,976 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $4,174 $4,174 Defer state employees' salary increases effective January 1, 2009. ($74,348) ($74,348) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($332,976) ($332,976) Provide for an additional reduction to operations. ($100,000) ($100,000) Reduce personal services through a combination of attrition, furloughs, and reductions in force. ($362,555) ($362,555) Reduce real estate rentals to $743,075 based on current GBA rental billings. ($7,961) ($7,961) Reduce equipment ($17,500), computer charges ($45,000), and motor vehicle purchases ($51,373). ($113,873) ($113,873) Amount appropriated in this Act $4,661,650 $5,713,437 27.4. Industrial Loan Purpose: Protect customers by licensing, regulating, and examining finance TUESDAY, MARCH 10, 2009 1677 companies that provide consumer loans of $3,000 or less. Total Funds $622,299 Federal Funds and Grants $0 Other Funds $0 State Funds $622,299 State General Funds $622,299 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 (HB990) $782,187 $782,187 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $103 $103 Defer state employees' salary increases effective January 1, 2009. ($6,759) ($6,759) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and ($41,666) ($41,666) to 0%, effective March 1, 2009.) Reduce personal services through a combination of attrition, furloughs, and reductions in force. ($110,712) ($110,712) Reduce real estate rentals to $743,075 based on current GBA rental billings. ($854) ($854) Amount appropriated in this Act $622,299 $622,299 27.5. Insurance Regulation Purpose: Ensure that licensed insurance entities maintain solvency, and comply with state law and adopted rules, regulations, and standards. Total Funds $5,498,206 Federal Funds and Grants $0 Other Funds $0 State Funds $5,498,206 State General Funds $5,498,206 1678 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 (HB990) $6,090,259 $6,090,259 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $3,889 $3,889 Defer state employees' salary increases effective January 1, 2009. ($61,193) ($61,193) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($305,316) ($305,316) Reduce personal services through a combination of attrition, furloughs, and reductions in force. ($180,000) ($180,000) Reduce funding for computer charges. ($30,000) ($30,000) Reduce real estate rentals to $743,075 based on current GBA rental billings. ($19,433) ($19,433) Amount appropriated in this Act $5,498,206 $5,498,206 27.6. Special Fraud Purpose: Identify and take appropriate action to deter insurance fraud. Total Funds $3,177,467 Federal Funds and Grants $0 Other Funds $0 State Funds $3,177,467 State General Funds $3,177,467 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,334,714 $3,334,714 TUESDAY, MARCH 10, 2009 1679 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Amount appropriated in this Act $1,436 ($35,359) ($123,324) $3,177,467 $1,436 ($35,359) ($123,324) $3,177,467 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 $124,533,383 $40,844,247 $40,844,247 $16,953,830 $16,953,830 $66,735,306 $66,735,306 $0 28.1. Administration Purpose: Provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property. Total Funds $9,998,364 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 $9,896,262 State General Funds $9,896,262 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1680 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Realize savings through the restructuring of the headquarters security contract. Transfer funds to the Regional Forensic Services program to prevent the closure of the Western Regional Crime Lab in Columbus, the Southwestern Regional Crime Lab in Moultrie and the Southwestern Medical Examiner office. Amount appropriated in this Act State Funds $9,901,853 $769,187 ($50,301) ($213,627) ($331,211) ($179,639) $9,896,262 Total Funds $10,003,955 $769,187 ($50,301) ($213,627) ($331,211) ($179,639) $9,998,364 28.2. Centralized Scientific Services Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. Total Funds $14,686,359 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 $12,671,451 State General Funds $12,671,451 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds TUESDAY, MARCH 10, 2009 1681 Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Suspend purchase of equipment, real estate, computer charges, contracts, vehicles, and reduce regular operating costs such as travel, supplies and materials, and printing and publication agency-wide. Eliminate 3 hourly staff positions. Reduce funds by implementing an agencywide hiring freeze. Revert to contracted forensic anthropology services when required. Amount appropriated in this Act $14,536,126 $24,525 ($487,185) ($640,880) ($200,000) ($50,000) ($485,000) ($26,135) $12,671,451 $16,551,034 $24,525 ($487,185) ($640,880) ($200,000) ($50,000) ($485,000) ($26,135) $14,686,359 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 $13,405,724 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 $9,399,936 State General Funds $9,399,936 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1682 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Suspend purchase of equipment, real estate, computer charges, contracts, vehicles, and reduce regular operating costs such as travel, supplies and materials, and printing and publication agency-wide. Eliminate 35 temporary labor positions. Reduce funds by implementing an agencywide hiring freeze. Amount appropriated in this Act State Funds $11,040,504 $145,435 ($100,256) ($460,403) ($50,000) ($598,503) ($576,841) $9,399,936 Total Funds $15,046,292 $145,435 ($100,256) ($460,403) ($50,000) ($598,503) ($576,841) $13,405,724 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 $1,078,193 Federal Funds and Grants $360,025 Federal Funds Not Specifically Identified $360,025 Other Funds $479 Other Funds - Not Specifically Identified $479 State Funds $717,689 State General Funds $717,689 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 10, 2009 1683 Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funding for regular operating expenses. Reduce funds by implementing an agencywide hiring freeze. Amount appropriated in this Act State Funds $939,414 $5,739 ($44,315) ($33,149) ($65,000) ($85,000) $717,689 Total Funds $1,299,918 $5,739 ($44,315) ($33,149) ($65,000) ($85,000) $1,078,193 28.5. Regional Forensic Services Purpose: Provide pathology services to determine cause and manner of death. Total Funds $8,098,903 Federal Funds and Grants $0 Other Funds $2,255 Other Funds - Not Specifically Identified $2,255 State Funds $8,096,648 State General Funds $8,096,648 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 (HB990) $9,018,034 $9,020,289 Reflect allocation of telecommunication $34,263 $34,263 expenses resulting from the GAIT Outsourcing Project. 1684 JOURNAL OF THE SENATE Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds by implementing an agencywide hiring freeze. Realize operational efficiencies by converting to intake only in Moultrie and consolidation of services from the Columbus laboratory. Amount appropriated in this Act ($311,545) ($394,104) ($250,000) $0 $8,096,648 ($311,545) ($394,104) ($250,000) $0 $8,098,903 28.6. Regional Investigative Services Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations and to render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals. Total Funds $24,170,855 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 $22,496,650 State General Funds $22,496,650 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $27,486,004 $29,160,209 Reflect allocation of telecommunication $103,026 $103,026 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($1,570,684) ($1,570,684) TUESDAY, MARCH 10, 2009 1685 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce 10 hourly staff positions and 40 temporary labor positions. Reduce funding for regular operating expenses ($257,600) and motor vehicle purchases ($610,731). Reduce funds by implementing an agencywide hiring freeze. Consolidate the Macon Regional Drug Enforcement Office and the Milledgeville Regional Investigative Office to one location, realizing savings in operational costs. Reassign 3 Secure ID agents to regional investigative positions. Reassign 17 State Drug Task Force agents to regional offices as regional investigative agents and eliminate 2 support staff positions. Amount appropriated in this Act ($1,266,106) ($54,561) ($868,331) ($701,865) ($34,727) ($139,636) ($456,470) $22,496,650 ($1,266,106) ($54,561) ($868,331) ($701,865) ($34,727) ($139,636) ($456,470) $24,170,855 28.7. Special Operations Unit Purpose: Respond to requests from law enforcement agencies state-wide in order to render safe explosive devices of all types, and assist in the identification, arrest, and prosecution of individuals. Total Funds $3,851,953 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 $827,997 State General Funds $827,997 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the 1686 JOURNAL OF THE SENATE previous appropriation act: Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funding for regular operating expenses. Reduce funds by implementing an agencywide hiring freeze. Amount appropriated in this Act State Funds $922,919 $2,576 ($41,715) ($25,783) ($10,000) ($20,000) $827,997 Total Funds $3,946,875 $2,576 ($41,715) ($25,783) ($10,000) ($20,000) $3,851,953 28.8. State Healthcare Fraud Unit Purpose: Identify, arrest, and prosecute providers of health care services who defraud the Medicaid Program. Total Funds $5,471,587 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 $1,073,226 State General Funds $1,073,226 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,244,726 $5,643,087 TUESDAY, MARCH 10, 2009 1687 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds by implementing an agencywide hiring freeze. Amount appropriated in this Act $14,137 ($72,617) ($23,020) ($90,000) $1,073,226 $14,137 ($72,617) ($23,020) ($90,000) $5,471,587 28.9. Task Forces Purpose: Provide GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. Total Funds $1,083,358 Federal Funds and Grants $0 Other Funds $376 Other Funds - Not Specifically Identified $376 State Funds $1,082,982 State General Funds $1,082,982 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,301,979 $1,302,355 Defer state employees' salary increases effective January 1, 2009. ($109,798) ($109,798) Reduce the State Health Benefit Plan ($44,199) ($44,199) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) 1688 JOURNAL OF THE SENATE Reduce funding for regular operating expenses. Reduce funds by implementing an agencywide hiring freeze. Amount appropriated in this Act ($50,000) ($15,000) $1,082,982 ($50,000) ($15,000) $1,083,358 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 the Local Law Enforcement and Firefighter Fund. Total Funds $42,688,087 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 $472,465 State General Funds $472,465 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $892,009 $43,107,631 Reflect allocation of telecommunication expenses resulting from the GAIT $7,125 $7,125 Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($3,784) ($3,784) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer ($19,109) ($19,109) contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) TUESDAY, MARCH 10, 2009 1689 Provide for an additional reduction to operations. Defer the Local Law Enforcement and Fire Safety grant program. Restore Local Law Enforcement and Fire Services grant program for the fourth quarter of FY 2009. Amount appropriated in this Act ($3,776) ($500,000) $100,000 $472,465 ($3,776) ($500,000) $100,000 $42,688,087 Section 29: Juvenile Justice, Department of Total Funds Federal Funds and Grants Foster Care Title IV-E Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $316,300,168 $1,875,115 $201,003 $1,674,112 $13,589,161 $25,060 $13,564,101 $300,835,892 $300,835,892 $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 $27,065,113 Federal Funds and Grants $339,060 Federal Funds Not Specifically Identified $339,060 Other Funds $245,155 Agency Funds $25,060 Other Funds - Not Specifically Identified $220,095 State Funds $26,480,898 State General Funds $26,480,898 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds 1690 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Increase turnover savings for exempt positions and freeze non-exempt positions. Reduce part-time labor positions. Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions. Furlough non-security employees with salaries above $50,000 for one day per month. Reduce funding for motor vehicle purchases. Provide mandatory training only. Provide for a reduction to operating expenses. Amount appropriated in this Act $28,459,888 $540,139 ($205,950) ($1,052,771) ($126,724) ($88,195) ($91,954) ($190,535) ($63,000) ($200,000) ($500,000) $26,480,898 $29,044,103 $540,139 ($205,950) ($1,052,771) ($126,724) ($88,195) ($91,954) ($190,535) ($63,000) ($200,000) ($500,000) $27,065,113 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 community-based residential placement or services for committed youth. Total Funds $43,791,902 Federal Funds and Grants $201,003 Foster Care Title IV-E $201,003 Other Funds $5,002,533 Other Funds - Not Specifically Identified $5,002,533 State Funds $38,588,366 State General Funds $38,588,366 TUESDAY, MARCH 10, 2009 1691 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $50,568,335 $55,570,868 Defer state employees' salary increases effective January 1, 2009. ($29,370) ($29,370) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($103,802) ($103,802) Furlough non-security employees one day per month. ($12,331) ($12,331) Reduce part-time labor positions. ($33,658) ($33,658) Increase turnover savings for exempt positions and freeze non-exempt positions. ($52,153) ($52,153) Recognize one-time prior year savings based on contract utilization. ($4,810,282) ($4,810,282) Discontinue funding for the Family Based ($744,144) ($744,144) Intervention program effective January 2009. Recognize savings from mental health services paid for by Care Management Organizations. ($3,080,000) ($3,080,000) Eliminate the use of the Weekend Sanctions ($72,170) ($72,170) Program. Recognize savings for North Georgia Wilderness program closed in FY 2008 by reducing maximum length of stay in the Short Term program (STP) to 30 days. ($2,053,560) ($2,053,560) Close Blakely Wilderness program effective ($403,466) ($403,466) April 2009 by reducing maximum length of stay in the Short Term program (STP) to 30 days. Utilize Outdoor Therapy program (OTP) on fee-for-service basis. ($384,030) ($384,030) 1692 JOURNAL OF THE SENATE Replace funds due to increased FMAP receipts. Amount appropriated in this Act ($201,003) $38,588,366 $0 $43,791,902 29.3. Community Supervision Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. Total Funds $52,571,216 Federal Funds and Grants $0 Other Funds $4,297,106 Other Funds - Not Specifically Identified $4,297,106 State Funds $48,274,110 State General Funds $48,274,110 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $55,094,993 $59,392,099 Reflect allocation of telecommunication $545,201 $545,201 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($721,411) ($721,411) Reduce the State Health Benefit Plan ($2,371,612) ($2,371,612) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions. ($58,406) ($58,406) Furlough non-security employees one day ($64,866) ($64,866) per month. Increase turnover savings for exempt positions and freeze non-exempt positions. ($185,562) ($185,562) Reduce part-time labor positions. ($270,687) ($270,687) TUESDAY, MARCH 10, 2009 1693 Eliminate funding and 67 vacant JPPS positions provided for in FY 2009 budget. Reduce staffing of the Apprehensions Unit by 12 positions. Reduce funding for motor vehicle purchases. Amount appropriated in this Act ($3,157,758) ($338,239) ($197,543) $48,274,110 ($3,157,758) ($338,239) ($197,543) $52,571,216 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 $91,272,006 Federal Funds and Grants $1,274,905 Federal Funds Not Specifically Identified $1,274,905 Other Funds $2,125,182 Other Funds - Not Specifically Identified $2,125,182 State Funds $87,871,919 State General Funds $87,871,919 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 (HB990) $99,055,570 $102,455,657 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $60,453 $60,453 Defer state employees' salary increases effective January 1, 2009. ($2,112,778) ($2,112,778) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($4,170,394) ($4,170,394) Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions. ($76,834) ($76,834) Discontinue funding for the Emory and MCG Residency program. ($10,400) ($10,400) 1694 JOURNAL OF THE SENATE Eliminate motor vehicle purchases. Replace social service provider positions with part-time positions. Furlough non-security employees one day per month. Increase turnover savings for exempt positions and freeze non-exempt positions. Recognize one-time prior year savings based on contract utilization. Recognize savings through the suspension of the 21st Century Learning After School program within Youth Development Campus (YDC) facilities effective January 2009. Recognize savings through the suspension of the Think Exit at Entry program within Youth Development Campus (YDC) facilities effective January 2009. Reduce part-time labor positions. Close McIntosh Youth Development Campus (YDC) effective April 2009 by reducing maximum length of stay in the Short Term Program (STP) to 30 days. Reduce Substance Abuse Education Program within Youth Development Campus (YDC) facilities effective January 2009. Reduce the use of part-time social workers in YDCs. Amount appropriated in this Act ($84,803) ($11,287) ($217,138) ($826,149) ($1,633,689) ($192,500) ($300,000) ($329,843) ($1,000,000) ($48,167) ($230,122) $87,871,919 ($84,803) ($11,287) ($217,138) ($826,149) ($1,633,689) ($192,500) ($300,000) ($329,843) ($1,000,000) ($48,167) ($230,122) $91,272,006 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 $101,599,931 Federal Funds and Grants $60,147 Federal Funds Not Specifically Identified $60,147 Other Funds $1,919,185 Other Funds - Not Specifically Identified $1,919,185 State Funds $99,620,599 TUESDAY, MARCH 10, 2009 1695 State General Funds $99,620,599 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 (HB990) $109,753,879 $111,733,211 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $224,119 $224,119 Defer state employees' salary increases effective January 1, 2009. ($2,317,047) ($2,317,047) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($4,832,870) ($4,832,870) Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions. ($128,783) ($128,783) Discontinue funding for the Emory and MCG Residency program. ($10,400) ($10,400) Eliminate motor vehicle purchases. ($65,731) ($65,731) Increase turnover savings for exempt positions and freeze non-exempt positions. ($803,667) ($803,667) Furlough non-security employees one day per month. ($367,508) ($367,508) Improve utilization of psychology services at secure facilities throughout the state. ($49,067) ($49,067) Recognize one-time prior year savings based on contract utilization. ($801,362) ($801,362) Reduce part-time labor positions. ($566,063) ($566,063) Replace social service provider positions with part-time positions. ($143,438) ($143,438) Discontinue funding for the Substance Abuse Education Program within Regional Youth Detention Center (RYDC) facilities effective January 2009. ($122,321) ($122,321) 1696 JOURNAL OF THE SENATE Reduce the use of on-call social workers in Regional Youth Detention Centers (RYDC). Amount appropriated in this Act ($149,142) $99,620,599 ($149,142) $101,599,931 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 $426,345,315 $345,440,508 $345,440,508 $31,528,191 $729,513 $30,798,678 $47,934,616 $47,934,616 $1,442,000 $1,442,000 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 $39,683,332 Federal Funds and Grants $37,923,936 Federal Funds Not Specifically Identified $37,923,936 Other Funds $0 State Funds $1,759,396 State General Funds $1,759,396 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 (HB990) $3,422,636 $41,856,572 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $11,261 $11,261 Defer state employees' salary increases effective January 1, 2009. ($35,488) ($35,488) TUESDAY, MARCH 10, 2009 1697 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funds for personal services. Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance. Reduce operating expenses. Reduce funding ($510,000) for the Goodworks program to align TANF expenditures to annual grant award. Amount appropriated in this Act ($102,476) ($486,095) ($653,327) ($211,276) ($185,839) $0 $1,759,396 ($102,476) ($486,095) ($653,327) ($211,276) ($185,839) ($510,000) $39,683,332 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 $4,967,740 Federal Funds and Grants $2,913,518 Federal Funds Not Specifically Identified $2,913,518 Other Funds $0 State Funds $2,054,222 State General Funds $2,054,222 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 $2,309,899 $5,223,417 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $7,398 $7,398 Defer state employees' salary increases ($13,874) ($13,874) effective January 1, 2009. 1698 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds for personal services. Amount appropriated in this Act ($71,540) ($177,661) $2,054,222 ($71,540) ($177,661) $4,967,740 30.3. Business Enterprise Program Purpose: Assist people who are blind in becoming successful contributors to the state's economy. Total Funds $2,385,028 Federal Funds and Grants $1,966,085 Federal Funds Not Specifically Identified $1,966,085 Other Funds $0 State Funds $418,943 State General Funds $418,943 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $444,108 $2,410,193 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,422 $1,422 Defer state employees' salary increases ($2,798) ($2,798) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($13,713) ($13,713) Reduce funds for personal services. ($7,920) ($7,920) Reduce operating expenses. ($2,156) ($2,156) Amount appropriated in this Act $418,943 $2,385,028 TUESDAY, MARCH 10, 2009 1699 30.4. Commission on Women Purpose: Advance the health, education, economic, social, and legal status of women in Georgia. Total Funds $83,855 State Funds $83,855 State General Funds $83,855 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $93,172 $93,172 Reduce operating expenses. ($9,317) ($9,317) Amount appropriated in this Act $83,855 $83,855 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 $12,201,070 Federal Funds and Grants $0 Other Funds $11,828,888 Agency Funds $729,513 Other Funds - Not Specifically Identified $11,099,375 State Funds $372,182 State General Funds $372,182 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $452,913 $12,281,801 1700 JOURNAL OF THE SENATE (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Amount appropriated in this Act $1,451 ($72,011) ($10,171) $372,182 $1,451 ($72,011) ($10,171) $12,201,070 30.7. Labor Market Information Purpose: Collect, analyze, and publish a wide array of information about the state's labor market. Total Funds $2,894,622 Federal Funds and Grants $2,249,873 Federal Funds Not Specifically Identified $2,249,873 Other Funds $0 State Funds $644,749 State General Funds $644,749 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $753,151 $3,003,024 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $2,412 $2,412 Defer state employees' salary increases ($8,962) ($8,962) effective January 1, 2009. TUESDAY, MARCH 10, 2009 1701 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds from operations. Amount appropriated in this Act ($29,985) ($71,867) $644,749 ($29,985) ($71,867) $2,894,622 30.8. Roosevelt Warm Springs Institute Purpose: Empower individuals with disabilities to achieve personal independence. Total Funds $32,591,137 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 $6,708,761 State General Funds $6,708,761 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $7,339,734 $33,222,110 Reflect allocation of telecommunication $23,507 $23,507 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($57,183) ($57,183) Reduce the State Health Benefit Plan ($224,829) ($224,829) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds for personal services. ($208,904) ($208,904) Reduce operating expenses. ($163,564) ($163,564) Amount appropriated in this Act $6,708,761 $32,591,137 1702 JOURNAL OF THE SENATE 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 $3,195,106 Federal Funds and Grants $168,552 Federal Funds Not Specifically Identified $168,552 Other Funds $0 State Funds $3,026,554 State General Funds $3,026,554 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,406,435 $3,574,987 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $10,910 $10,910 Defer state employees' salary increases effective January 1, 2009. ($30,212) ($30,212) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($103,437) ($103,437) Reduce funds appropriated in FY 2009 for 3 safety inspector positions and 1 clerical position. ($257,142) ($257,142) Amount appropriated in this Act $3,026,554 $3,195,106 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 $57,407,116 Federal Funds and Grants $49,173,186 TUESDAY, MARCH 10, 2009 1703 Federal Funds Not Specifically Identified $49,173,186 Other Funds $0 State Funds $8,233,930 State General Funds $8,233,930 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $11,228,560 $60,401,746 Reflect allocation of telecommunication $35,962 $35,962 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($112,322) ($112,322) Reduce the State Health Benefit Plan ($327,029) ($327,029) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds for motor vehicle purchases. ($10,452) ($10,452) Reduce funds to reflect new cost allocation ($2,580,789) ($2,580,789) rate on administrative assessments for unemployment insurance. Amount appropriated in this Act $8,233,930 $57,407,116 30.11. Vocational Rehabilitation Program Purpose: Assist people with disabilities so that they may go to work. Total Funds $83,155,513 Federal Funds and Grants $65,667,153 Federal Funds Not Specifically Identified $65,667,153 Other Funds $806,216 Other Funds - Not Specifically Identified $806,216 State Funds $16,682,144 State General Funds $16,682,144 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the 1704 JOURNAL OF THE SENATE previous appropriation act: Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce operating expenses. Reduce contract funds. Increase funding ($1,700,000) for the Goodworks program to align TANF expenditures to annual grant award. Amount appropriated in this Act State Funds $18,029,477 $57,743 ($92,059) ($560,156) ($155,169) ($597,692) $0 $16,682,144 Total Funds $84,502,846 $57,743 ($92,059) ($560,156) ($155,169) ($597,692) $0 $83,155,513 30.12. Workforce Development Purpose: Assist employers and job seekers with job matching services and promote economic growth and development. Total Funds $132,181,976 Federal Funds and Grants $122,790,096 Federal Funds Not Specifically Identified $122,790,096 Other Funds $0 State Funds $7,949,880 State General Funds $7,949,880 Intra-State Government Transfers $1,442,000 Other Intra-State Government Payments $1,442,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $8,289,007 $137,721,103 TUESDAY, MARCH 10, 2009 1705 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds for motor vehicle purchases. Reduce funding ($1,190,000) for the Goodworks program to align TANF expenditures to annual grant award. Amount appropriated in this Act $26,547 ($84,464) ($260,921) ($20,289) $0 $7,949,880 $26,547 ($84,464) ($260,921) ($20,289) ($5,200,000) $132,181,976 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 $53,795,665 $0 $36,826,240 $36,826,240 $16,969,425 $16,969,425 $0 31.1. Law Purpose: 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 $53,795,665 Federal Funds and Grants $0 Other Funds $36,826,240 Other Funds - Not Specifically Identified $36,826,240 State Funds $16,969,425 State General Funds $16,969,425 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the 1706 JOURNAL OF THE SENATE previous appropriation act: Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for personal services ($724,486) and eliminate 5 vacant positions ($267,258). Reduce funding for operating expenses. Amount appropriated in this Act State Funds $19,650,981 $42,657 ($247,231) ($1,197,800) ($172,238) ($991,744) ($115,200) $16,969,425 Total Funds $56,477,221 $42,657 ($247,231) ($1,197,800) ($172,238) ($991,744) ($115,200) $53,795,665 Section 32: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds State General Funds Intra-State Government Transfers $278,222,545 $49,146,841 $49,146,841 $123,099,762 $66,648,023 $56,347,826 $103,913 $105,975,942 $105,975,942 $0 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 TUESDAY, MARCH 10, 2009 1707 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 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: Provide administrative support for all programs of the department. Total Funds $11,285,799 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 $10,538,150 State General Funds $10,538,150 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $10,959,652 $11,707,301 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $634,298 $634,298 Defer state employees' salary increases effective January 1, 2009. ($115,915) ($115,915) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($357,885) ($357,885) Provide for an additional reduction to operations. $0 $0 1708 JOURNAL OF THE SENATE Reduce operating expenses. Reduce personal services to reflect vacancies. Amount appropriated in this Act ($200,000) ($382,000) $10,538,150 ($200,000) ($382,000) $11,285,799 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 $8,443,330 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 $2,412,302 State General Funds $2,412,302 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,898,737 $8,929,765 Reflect allocation of telecommunication $2,003 $2,003 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($34,089) ($34,089) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to ($92,359) ($92,359) 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. $0 $0 Eliminate funds for motor vehicle purchases. ($20,000) ($20,000) Reduce operating expenses. ($20,000) ($20,000) TUESDAY, MARCH 10, 2009 1709 Eliminate funds for the removal of sunken vessels. Defer state funds for artificial reef construction. Reduce funds for personal services to reflect 2 vacancies. Amount appropriated in this Act ($180,000) ($46,755) ($95,235) $2,412,302 ($180,000) ($46,755) ($95,235) $8,443,330 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 $118,835,701 Federal Funds and Grants $23,517,774 Federal Funds Not Specifically Identified $23,517,774 Other Funds $66,713,023 Agency Funds $66,648,023 Other Funds - Not Specifically Identified $65,000 State Funds $28,604,904 State General Funds $28,604,904 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 (HB990) $32,372,077 $122,602,874 Reflect allocation of telecommunication expenses resulting from the GAIT $107,261 $107,261 Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($471,122) ($471,122) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer ($1,433,872) ($1,433,872) contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) 1710 JOURNAL OF THE SENATE Provide for an additional reduction to operations. Eliminate 22 vacant positions. Reduce operating expenses. Reduce funds for advertising in the Clean Air Campaign. Reduce funds for the Emergency Response Network and eliminate 2 vacant positions. Replace state funds with other funds for 2 positions and operating expenses in Land Protection. Amount appropriated in this Act ($54,332) ($1,095,810) ($200,000) ($180,000) ($260,298) ($179,000) $28,604,904 ($54,332) ($1,095,810) ($200,000) ($180,000) ($260,298) ($179,000) $118,835,701 32.4. Hazardous Waste Trust Fund Purpose: Investigate and clean up abandoned hazardous sites. Total Funds $2,519,208 State Funds $2,519,208 State General Funds $2,519,208 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $7,600,000 $7,600,000 (HB990) Reduce unobligated funds in the Hazardous Waste Trust Fund. ($4,894,774) ($4,894,774) Eliminate 3 vacant environmental engineer ($186,018) ($186,018) positions. Amount appropriated in this Act $2,519,208 $2,519,208 32.5. Historic Preservation Purpose: Identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. Total Funds $2,811,685 Federal Funds and Grants $1,007,287 Federal Funds Not Specifically Identified $1,007,287 Other Funds $0 State Funds $1,804,398 TUESDAY, MARCH 10, 2009 1711 State General Funds $1,804,398 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,176,447 $3,183,734 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $20,526 $20,526 Defer state employees' salary increases effective January 1, 2009. ($17,990) ($17,990) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($75,190) ($75,190) Eliminate contract funds for the certified local government coordinator. ($42,000) ($42,000) Defer funds for Georgia Heritage Grants. ($129,276) ($129,276) Reduce contract funds for Regional Development Centers' historic preservation planners. ($28,119) ($28,119) Reduce funds for personal services. ($100,000) ($100,000) Amount appropriated in this Act $1,804,398 $2,811,685 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 $500,885 Federal Funds and Grants $0 Other Funds $0 State Funds $500,885 State General Funds $500,885 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1712 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Amount appropriated in this Act State Funds $519,421 $4,843 ($4,513) ($18,866) $500,885 Total Funds $519,421 $4,843 ($4,513) ($18,866) $500,885 32.7. Parks, Recreation and Historic Sites Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia. Total Funds $65,795,463 Federal Funds and Grants $1,704,029 Federal Funds Not Specifically Identified $1,704,029 Other Funds $41,120,239 Other Funds - Not Specifically Identified $41,120,239 State Funds $22,971,195 State General Funds $22,971,195 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $27,435,429 $70,424,697 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $15,353 $15,353 Defer state employees' salary increases ($1,786,305) ($1,786,305) effective January 1, 2009. TUESDAY, MARCH 10, 2009 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Eliminate funds for motor vehicle purchases. Reduce contract funds. Remove funds provided in FY 2009 to build public recreation facilities and boat ramp for the Bear Creek Reservoir. Remove funds provided in FY 2009 to complete surveys at High Falls State Park. Remove funds provided in FY 2009 to manage aquatic vegetation at Little Ocmulgee State Park. Remove unobligated repair and maintenance funds. Replace state funds with other funds in personal services. Close the Bo Ginn Aquarium and eliminate 1 vacant position. Reduce funds for Historic Site Region Office. Defer all state and other funds for the opening of the Suwannee River Eco-Lodge. (Total Funds: $340,000) Amount appropriated in this Act ($949,703) ($230,422) ($206,798) ($76,000) ($125,000) ($148,000) ($25,000) ($452,359) ($68,000) ($51,000) ($186,000) ($175,000) $22,971,195 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 Other Funds - Not Specifically Identified 1713 ($949,703) ($230,422) ($206,798) ($76,000) ($125,000) ($148,000) ($25,000) ($452,359) ($68,000) ($51,000) ($186,000) ($340,000) $65,795,463 $211,893 $96,580 $96,580 $115,313 $11,400 1714 JOURNAL OF THE SENATE Prior Year Funds - Other $103,913 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 $2,093,085 State Funds $2,093,085 State General Funds $2,093,085 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $6,000,000 $6,000,000 Reduce funds in the Solid Waste Trust Fund. ($3,906,915) ($3,906,915) Amount appropriated in this Act $2,093,085 $2,093,085 32.10. Wildlife Resources Purpose: Regulate hunting, fishing, and the operation of watercraft in Georgia, protect non-game and endangered wildlife, and maintain public education and law enforcement programs. Total Funds $62,852,394 Federal Funds and Grants $16,705,981 Federal Funds Not Specifically Identified $16,705,981 Other Funds $14,487,700 Other Funds - Not Specifically Identified $14,487,700 State Funds $31,658,713 State General Funds $31,658,713 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 (HB990) $37,516,647 $69,297,433 Reflect allocation of telecommunication expenses resulting from the GAIT $12,684 $12,684 Outsourcing Project. TUESDAY, MARCH 10, 2009 1715 Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contract funds. Reduce operating expenses. Eliminate 10 vacant positions funded in FY 2009. Eliminate 7 positions for License and Boating Registration due to implementation of automated system. Reduce funds for motor vehicle purchases. Eliminate 1 vacant position for the Lake Burton cold-water hatchery. Remove funds provided in FY 2009 to construct a campground and trail at the Berry College Wildlife Management Area. Replace state funds with other funds in Game Management. Return select Wildlife Management Areas to federal management and reduce select leased acreage as a result of nearby state land acquisitions. (Total Funds: $978,508) Eliminate 10 vacant conservation ranger positions. Reduce state funds for equipment and utilize existing other funds to purchase communications equipment for law enforcement. Amount appropriated in this Act ($1,743,896) ($1,389,786) ($68,000) ($20,000) ($450,000) ($269,107) ($98,407) ($47,896) ($25,000) ($538,163) ($391,403) ($528,960) ($300,000) $31,658,713 ($1,743,896) ($1,389,786) ($68,000) ($20,000) ($450,000) ($269,107) ($98,407) ($47,896) ($25,000) ($538,163) ($978,508) ($528,960) ($300,000) $62,852,394 The following appropriations are for agencies attached for administrative purposes. 32.11. Payments to Georgia Agricultural Exposition Authority 1716 JOURNAL OF THE SENATE 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 $1,520,516 Federal Funds and Grants $0 Other Funds $0 State Funds $1,520,516 State General Funds $1,520,516 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,802,507 $1,802,507 Defer state employees' salary increases effective January 1, 2009. ($25,535) ($25,535) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($46,861) ($46,861) Provide for an additional reduction to ($15,297) ($15,297) operations. Reduce state funds for operating expenses. ($169,298) ($169,298) Remove funds provided in FY 2009 to assist the Laurens County Agriculture and ($25,000) ($25,000) Exposition Center. Amount appropriated in this Act $1,520,516 $1,520,516 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 $928,106 Federal Funds and Grants $0 Other Funds $0 State Funds $928,106 State General Funds $928,106 TUESDAY, MARCH 10, 2009 1717 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,124,176 $1,124,176 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $3,909 $3,909 Defer state employees' salary increases effective January 1, 2009. ($8,168) ($8,168) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($73,592) ($73,592) Provide for an additional reduction to operations. ($9,426) ($9,426) Reduce state funds for operating expenses. ($108,793) ($108,793) Amount appropriated in this Act $928,106 $928,106 32.13. Payments to Lake Allatoona Preservation Authority Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority. Total Funds $93,060 Federal Funds and Grants $0 Other Funds $0 State Funds $93,060 State General Funds $93,060 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 $100,000 $100,000 (HB990) Provide for an additional reduction to operations. ($940) ($940) 1718 JOURNAL OF THE SENATE Reduce state funds for operating expenses. Amount appropriated in this Act ($6,000) $93,060 ($6,000) $93,060 32.14. 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 $331,420 Federal Funds and Grants $0 Other Funds $0 State Funds $331,420 State General Funds $331,420 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $371,964 $371,964 Provide for an additional reduction to operations. ($3,348) ($3,348) Reduce funds for operating expenses. ($37,196) ($37,196) Amount appropriated in this Act $331,420 $331,420 Section 33: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $52,094,005 $806,050 $806,050 $0 $51,287,955 $51,287,955 $0 33.1. Administration Purpose: Provide administrative support for the agency. Total Funds Federal Funds and Grants $5,930,570 $0 TUESDAY, MARCH 10, 2009 1719 Other Funds $0 State Funds $5,930,570 State General Funds $5,930,570 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 $6,337,655 $6,337,655 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $105,491 $105,491 Defer state employees' salary increases ($41,490) ($41,490) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($210,918) ($210,918) Reduce contracts for the Research, ($40,000) ($40,000) Evaluation and Technology (RET) unit ($40,000). Reduce computer charges. ($16,841) ($16,841) Reduce regular operating expenses. ($75,000) ($75,000) Eliminate 1 position in Human Resources. ($74,682) ($74,682) Reduce contract funds for the Training Unit. ($30,000) ($30,000) Reduce personal services funding through a 2-day agency-wide furlough. ($23,645) ($23,645) Amount appropriated in this Act $5,930,570 $5,930,570 33.2. Clemency Purpose: Investigate offenders upon entry to the corrections system, and make determinations about offender eligibility for parole. Total Funds $10,218,927 Federal Funds and Grants $0 Other Funds $0 State Funds $10,218,927 1720 JOURNAL OF THE SENATE State General Funds $10,218,927 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $11,247,418 $11,247,418 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $26,128 $26,128 Defer state employees' salary increases effective January 1, 2009. ($120,940) ($120,940) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($612,121) ($612,121) Defer funding for parole officer training and reduce the cost of operations agency-wide. ($21,858) ($21,858) Eliminate 3 positions in the Records Processing unit and 2 positions in the Investigations unit. ($138,000) ($138,000) Reduce funding for central office travel. ($17,425) ($17,425) Reduce personal services funding through a 2-day agency-wide furlough. ($73,275) ($73,275) Reduce personal services funding. ($71,000) ($71,000) Amount appropriated in this Act $10,218,927 $10,218,927 33.3. Parole Supervision Purpose: Transition offenders from prison into the community as productive, lawabiding citizens. Total Funds $35,522,532 Federal Funds and Grants $806,050 Federal Funds Not Specifically Identified $806,050 Other Funds $0 State Funds $34,716,482 State General Funds $34,716,482 TUESDAY, MARCH 10, 2009 1721 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $40,293,558 $41,099,608 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $142,506 $142,506 Defer state employees' salary increases effective January 1, 2009. ($1,675,142) ($1,675,142) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,932,046) ($1,932,046) Defer funding for parole officer training, and reduce the cost of operations agency-wide. ($184,328) ($184,328) Reduce personal services funding through a 2-day agency-wide furlough. ($221,930) ($221,930) Eliminate 20 vacant parole officer positions. ($884,321) ($884,321) Reduce operating expenditures for the ($92,415) ($92,415) Atlanta Parole Reporting Center. Reduce funds for central office travel in support of developing partnerships with the faith-based community, victim's day programs, and visitor's day programs. ($8,400) ($8,400) Eliminate the Residential Substance Abuse ($721,000) ($721,000) Treatment program. Amount appropriated in this Act $34,716,482 $35,522,532 33.4. Victims Services Purpose: Provide notification to victims of changes in offender status or placement, conduct outreach and information gathering from victims during clemency proceedings, and act as a liaison for victims to the state corrections system. Total Funds $421,976 Federal Funds and Grants $0 Other Funds $0 1722 JOURNAL OF THE SENATE State Funds $421,976 State General Funds $421,976 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $560,959 $560,959 Reflect allocation of telecommunication $2,986 $2,986 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($5,135) ($5,135) Reduce the State Health Benefit Plan ($24,667) ($24,667) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce personal services funding through a 2-day agency-wide furlough. ($2,782) ($2,782) Reduce funding for central office travel. ($4,000) ($4,000) Realize efficiencies in private partner agreements. ($60,000) ($60,000) Eliminate 1 business operations position. ($45,385) ($45,385) Amount appropriated in this Act $421,976 $421,976 Section 34: Personnel Administration, State Total Funds Intra-State Government Transfers Other Intra-State Government Payments $12,395,691 $12,395,691 $12,395,691 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. 34.1. Administration Purpose: Provide administrative and technical support to the agency. TUESDAY, MARCH 10, 2009 1723 Total Funds $2,878,849 Intra-State Government Transfers $2,878,849 Other Intra-State Government Payments $2,878,849 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $0 $4,393,910 Reflect allocation of telecommunication $0 $0 expenses resulting from the GAIT Outsourcing Project. Submit payment to State Treasury ($1,398,877). $0 ($1,398,877) Defer state employees' salary increases $0 ($116,184) effective January 1, 2009 (Other Funds: $116,184). Amount appropriated in this Act $0 $2,878,849 34.2. Recruitment and Staffing Services Purpose: Provide a central point of contact for the general public seeking employment with the State. Total Funds $1,280,769 Intra-State Government Transfers $1,280,769 Other Intra-State Government Payments $1,280,769 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $0 $1,293,708 Reflect allocation of telecommunication $0 $0 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009 (Other Funds: $12,939). $0 ($12,939) Amount appropriated in this Act $0 $1,280,769 34.3. Total Compensation and Rewards 1724 JOURNAL OF THE SENATE Purpose: Ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,360,390 Intra-State Government Transfers $4,360,390 Other Intra-State Government Payments $4,360,390 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $0 $4,387,668 (HB990) Reflect allocation of telecommunication $0 $0 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases $0 ($27,278) effective January 1, 2009 (Other Funds: $27,278). Amount appropriated in this Act $0 $4,360,390 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 $3,875,683 Intra-State Government Transfers $3,875,683 Other Intra-State Government Payments $3,875,683 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $0 $3,913,484 Reflect allocation of telecommunication $0 $0 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009 (Other Funds: $37,801). $0 ($37,801) Amount appropriated in this Act $0 $3,875,683 Section 35: Properties Commission, State TUESDAY, MARCH 10, 2009 1725 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 Other Funds $417,295 Other Funds - Not Specifically Identified $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 Other Funds $620,444 Other Funds - Not Specifically Identified $620,444 The following appropriations are for agencies attached for administrative purposes. 35.3. Payments to Georgia Building Authority Purpose: 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 (HB990) $0 $0 1726 JOURNAL OF THE SENATE Furlough staff with salaries greater than $0 $40,000 for 10 days (Other Funds: ($217,606).) (CC:Reflect agency intent to achieve savings through additional reductions in operating expenses.) Reduce operating expenses and $0 telecommunications costs (Other Funds: ($161,494).) (CC:Achieve additional savings through reductions in operating expenses.) Realize efficiencies in Capitol Hill security $0 contract based on staffing analysis, building closures, and a reduction in equipment purchases (Other Funds: ($750,387).) Reduce contracts for temporary labor, in $0 access control systems, and other miscellaneous contracts (Other Funds: ($208,277).) Reduce custodial contracts through the $0 elimination of 2 cleaning days per week in state buildings, and transfer cleaning services at specific facilities to GBA staff (Other Funds: ($749,445).) Reduce central energy plant usage and utility $0 costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities (Other Funds: ($815,704).) Close the Capitol Education Center and $0 realize savings through a reduction in utilities and the elimination of 1 position (Other Funds: ($111,579).) Redistribute savings from agency reductions $0 to capital projects for security access and control (Other Funds: $3,014,492). Amount appropriated in this Act $0 Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds ($217,606) ($161,494) ($750,387) ($208,277) ($749,445) ($815,704) ($111,579) $3,014,492 $0 $36,710,269 $0 $1,700,000 TUESDAY, MARCH 10, 2009 1727 Agency Funds State Funds State General Funds Intra-State Government Transfers $1,700,000 $35,010,269 $35,010,269 $0 36.1. Public Defenders Purpose: 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 $29,079,618 Federal Funds and Grants $0 Other Funds $0 State Funds $29,079,618 State General Funds $29,079,618 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $33,283,389 $33,283,389 (HB990) Defer state employees' salary increases effective January 1, 2009. ($342,099) ($342,099) Reduce the State Health Benefit Plan ($1,764,334) ($1,764,334) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. $0 $0 Reduce 6 opt-out circuit budgets to match ($211,266) ($211,266) agency-wide reductions. Reduce funding for personal services to reflect actual expenditures. ($250,000) ($250,000) Reduce funding for operating expenses ($682,750) ($682,750) through individual circuit reductions. 1728 JOURNAL OF THE SENATE Reduce personal services by freezing 2 positions in the conflict offices ($127,822) and reduce operating expenses through the consolidation of 4 conflict offices into circuit offices ($115,500). Reduce contracts for appellate cases based on anticipated demand. To reduce funds received in HB 990 (FY 09) for conflict cases to reflect the actual number of pending conflict cases. Provide funding to offset delayed local billings. Amount appropriated in this Act ($243,322) ($60,000) ($1,250,000) $600,000 $29,079,618 ($243,322) ($60,000) ($1,250,000) $600,000 $29,079,618 36.2. Public Defenders Standards Council Purpose: Fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. Total Funds $7,630,651 Federal Funds and Grants $0 Other Funds $1,700,000 Agency Funds $1,700,000 State Funds $5,930,651 State General Funds $5,930,651 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $7,156,568 $8,856,568 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,373 $1,373 Defer state employees' salary increases ($75,437) ($75,437) effective January 1, 2009. TUESDAY, MARCH 10, 2009 1729 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for personal services ($304,996) and operating expenses ($400,820). Reduce funding for training, except for 3 mandatory training classes for public defenders. Amount appropriated in this Act ($196,037) ($50,000) ($705,816) ($200,000) $5,930,651 ($196,037) ($50,000) ($705,816) ($200,000) $7,630,651 Section 37: Public Safety, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction 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 $164,531,329 $28,604,501 $250,000 $28,354,501 $11,123,307 $1,017,000 $10,106,307 $117,299,650 $117,299,650 $7,503,871 $7,503,871 37.1. Administration Purpose: Work cooperatively with all levels of government to provide a safe environment for residents and visitors. Total Funds $8,237,726 Federal Funds and Grants $15,571 Federal Funds Not Specifically Identified $15,571 Other Funds $0 1730 JOURNAL OF THE SENATE State Funds $8,222,155 State General Funds $8,222,155 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $9,023,817 $9,039,388 Reflect allocation of telecommunication $24,148 $24,148 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($85,071) ($85,071) Reduce the State Health Benefit Plan ($445,098) ($445,098) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Defer filling 3 vacant administrative positions. ($148,011) ($148,011) Assign 5 security officers to vacant positions ($147,630) ($147,630) in the Capitol Police program. Amount appropriated in this Act $8,222,155 $8,237,726 37.2. Aviation Purpose: Provide air support to the Georgia State Patrol and other state, federal and local agencies, thereby improving public safety for the citizens of Georgia. Total Funds $3,304,414 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 $2,734,414 State General Funds $2,734,414 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 10, 2009 1731 Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Amount appropriated in this Act State Funds $2,843,588 $10,919 ($19,270) ($100,823) $2,734,414 Total Funds $3,413,588 $10,919 ($19,270) ($100,823) $3,304,414 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 Intra-State Government Transfers $7,503,871 Other Intra-State Government Payments $7,503,871 37.4. Executive Security Services Purpose: Provide facility security for the Governor's Mansion, 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 $1,402,643 Federal Funds and Grants $0 Other Funds $0 State Funds $1,402,643 State General Funds $1,402,643 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 (HB990) $1,511,025 $1,511,025 1732 JOURNAL OF THE SENATE Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Amount appropriated in this Act $966 ($17,546) ($91,802) $1,402,643 $966 ($17,546) ($91,802) $1,402,643 37.5. Field Offices and Services Purpose: Reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws. Total Funds $82,306,594 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 $77,935,878 State General Funds $77,935,878 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $90,670,897 $95,041,613 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $131,561 $131,561 Defer state employees' salary increases ($737,243) ($737,243) effective January 1, 2009. TUESDAY, MARCH 10, 2009 1733 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce operating expenses agency-wide by changing the uniform replacement policy and reducing travel, training, and supply purchases. Defer purchase of replacement vehicles. Assign 22 troopers to the Capitol Police program by utilizing Georgia Building Authority rental revenue, and through a reduction in the private security contract. Utilize 40 troopers in the Motor Carrier Compliance Division to provide increased commercial vehicle speed and compliance enforcement. Reflect savings from the attrition of 33 cadets in 86th Trooper School including vehicle purchases. Temporarily freeze trooper promotions resulting from attrition among officer ranks of corporal through captain. Recognize savings from the implementation of consolidated communication centers through the use of computer-aided dispatch technology. Utilize citation revenue to cover operational expenses of 10 additional troopers assigned to the Atlanta motorcycle unit. Reduce funding for vacant trooper positions. Amount appropriated in this Act ($3,857,305) ($1,338,246) ($554,986) ($891,336) ($1,728,359) ($2,629,011) ($89,605) ($443,000) ($65,000) ($532,489) $77,935,878 ($3,857,305) ($1,338,246) ($554,986) ($891,336) ($1,728,359) ($2,629,011) ($89,605) ($443,000) ($65,000) ($532,489) $82,306,594 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 $19,972,695 1734 JOURNAL OF THE SENATE Federal Funds and Grants $6,550,143 Federal Funds Not Specifically Identified $6,550,143 Other Funds $6,510,227 Other Funds - Not Specifically Identified $6,510,227 State Funds $6,912,325 State General Funds $6,912,325 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 (HB990) $8,278,923 $21,339,293 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $24,180 $24,180 Defer state employees' salary increases effective January 1, 2009. ($144,853) ($144,853) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and ($757,881) ($757,881) to 0%, effective March 1, 2009.) Reduce operating expenses agency-wide by changing the uniform replacement policy and reducing travel, training, and supply purchases. ($488,044) ($488,044) Amount appropriated in this Act $6,912,325 $19,972,695 37.7. Specialized Collision Reconstruction Team 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 $2,925,083 Federal Funds and Grants $0 Other Funds $0 State Funds $2,925,083 State General Funds $2,925,083 TUESDAY, MARCH 10, 2009 1735 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,106,754 $3,106,754 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $966 $966 Defer state employees' salary increases effective January 1, 2009. ($29,306) ($29,306) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($153,331) ($153,331) Amount appropriated in this Act $2,925,083 $2,925,083 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 $2,338,986 Federal Funds and Grants $0 Other Funds $0 State Funds $2,338,986 State General Funds $2,338,986 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $2,595,107 $2,595,107 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $724 $724 Defer state employees' salary increases ($29,669) ($29,669) effective January 1, 2009. 1736 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Defer filling 3 vacant administrative positions. Amount appropriated in this Act ($155,230) ($71,946) $2,338,986 ($155,230) ($71,946) $2,338,986 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 Georgia citizens, and establish professional standards for fire service training including consulting, testing, and certification of Georgia firefighters. Total Funds $736,575 Federal Funds and Grants $0 Other Funds $0 State Funds $736,575 State General Funds $736,575 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $857,156 $857,156 Defer state employees' salary increases effective January 1, 2009. ($7,728) ($7,728) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($39,814) ($39,814) Provide for an additional reduction to operations. ($7,468) ($7,468) TUESDAY, MARCH 10, 2009 1737 Reduce per diem and fees for instructors. Amount appropriated in this Act ($65,571) $736,575 ($65,571) $736,575 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 $17,766,075 Federal Funds and Grants $17,233,729 Federal Highway Administration Highway Planning & Construction $250,000 Federal Funds Not Specifically Identified $16,983,729 Other Funds $0 State Funds $532,346 State General Funds $532,346 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $623,503 $17,857,232 (HB990) Defer state employees' salary increases effective January 1, 2009. ($2,009) ($2,009) Reduce the State Health Benefit Plan ($22,170) ($22,170) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($5,391) ($5,391) Defer filling 1 vacant administration ($61,587) ($61,587) manager position. Amount appropriated in this Act $532,346 $17,766,075 37.11. Peace Officers Standards and Training Council 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 1738 JOURNAL OF THE SENATE professionals; and, certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical and/or illegal conduct is made, and sanction these individuals by disciplining officers and public safety professionals when necessary. Total Funds $2,519,266 Federal Funds and Grants $0 Other Funds $0 State Funds $2,519,266 State General Funds $2,519,266 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $2,910,146 $2,910,146 Defer state employees' salary increases ($19,369) ($19,369) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($99,437) ($99,437) Provide for an additional reduction to ($25,516) ($25,516) operations. Reduce operating expenses agency-wide. ($69,244) ($69,244) Eliminate 1 vacant audit position ($38,475), and realize savings from attrition ($28,812). ($67,287) ($67,287) Reduce contracts with the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police. ($110,027) ($110,027) Amount appropriated in this Act $2,519,266 $2,519,266 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 $15,517,401 Federal Funds and Grants $1,486,742 TUESDAY, MARCH 10, 2009 1739 Federal Funds Not Specifically Identified $1,486,742 Other Funds $2,990,680 Agency Funds $1,017,000 Other Funds - Not Specifically Identified $1,973,680 State Funds $11,039,979 State General Funds $11,039,979 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $12,839,435 $17,316,857 Defer state employees' salary increases effective January 1, 2009. ($163,339) ($163,339) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($559,304) ($559,304) Provide for an additional reduction to ($111,903) ($111,903) operations. Reduce operating expenses agency-wide. ($391,286) ($391,286) Realize a savings in food services due to cancellation of classes for state agencies. ($314,704) ($314,704) Reduce the contract with the Association of Fire Chiefs. ($8,500) ($8,500) Reduce per diem available for instructors in the Fire Academy. ($14,870) ($14,870) Postpone availability of public safety diver and smoke diver specialty courses. ($12,820) ($12,820) Discontinue free meals for all agencies receiving training. ($141,144) ($141,144) Reduce contracts with the Fulton, Clayton, ($81,586) ($81,586) and North Central Regional Police Academies. Amount appropriated in this Act $11,039,979 $15,517,401 1740 JOURNAL OF THE SENATE 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 $9,596,071 $600,000 $600,000 $70,000 $70,000 $8,926,071 $8,926,071 $0 38.1. Administration Purpose: Assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,273,711 Federal Funds and Grants $0 Other Funds $70,000 Other Funds - Not Specifically Identified $70,000 State Funds $1,203,711 State General Funds $1,203,711 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,282,864 $1,352,864 Reflect allocation of telecommunication $1,950 $1,950 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($13,782) ($13,782) Reduce the State Health Benefit Plan ($67,321) ($67,321) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Amount appropriated in this Act $1,203,711 $1,273,711 TUESDAY, MARCH 10, 2009 1741 38.2. Facilities Protection Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia. Total Funds $1,385,343 Federal Funds and Grants $600,000 Federal Funds Not Specifically Identified $600,000 Other Funds $0 State Funds $785,343 State General Funds $785,343 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $867,604 $1,467,604 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,607 $1,607 Defer state employees' salary increases effective January 1, 2009. ($8,541) ($8,541) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($65,327) ($65,327) Reduce funds from costs for Georgia Utility Facility Protection Act (GUFPA)enforcement cases to reflect projected expenditures. ($10,000) ($10,000) Amount appropriated in this Act $785,343 $1,385,343 38.3. Utilities Regulation Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds $6,937,017 Federal Funds and Grants $0 Other Funds $0 State Funds $6,937,017 1742 JOURNAL OF THE SENATE State General Funds $6,937,017 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $8,197,541 $8,197,541 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $6,006 $6,006 Defer state employees' salary increases effective January 1, 2009. ($77,195) ($77,195) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($366,034) ($366,034) Provide for an additional reduction to operations. ($90,609) ($90,609) Reduce operating expenses. ($226,692) ($226,692) Reduce funds in personal services for co-op and temporary positions. ($306,000) ($306,000) Reduce contract funds for subject matter experts for rate cases. ($200,000) ($200,000) Amount appropriated in this Act $6,937,017 $6,937,017 Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants Other Funds Agency Funds Research Funds Other Funds - Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $5,195,638,061 $0 $3,133,126,388 $1,614,697,904 $1,513,828,236 $4,600,248 $2,062,511,673 $16,205,466 $2,046,306,207 $0 TUESDAY, MARCH 10, 2009 1743 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 $24,624,536 Federal Funds and Grants $0 Other Funds $12,975,000 Agency Funds $12,975,000 State Funds $11,649,536 State General Funds $11,649,536 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $17,891,736 $30,866,736 Provide for an additional reduction to operations. ($117,672) ($117,672) Reduce employer match for health insurance from 75% to 70%. ($35,278) ($35,278) Eliminate 3 filled positions ($239,138) and 5 vacant positions ($325,346) and reduce general operating expenses ($524,766). ($1,089,250) ($1,089,250) Reduce funding for the seed capital fund. ($5,000,000) ($5,000,000) Amount appropriated in this Act $11,649,536 $24,624,536 39.2. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. Total Funds $78,554,924 Federal Funds and Grants $0 Other Funds $37,552,919 Agency Funds $15,552,919 Research Funds $22,000,000 State Funds $41,002,005 State General Funds $41,002,005 Intra-State Government Transfers $0 1744 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 (HB990) $45,245,958 $82,798,877 Provide for an additional reduction to operations. ($414,162) ($414,162) Eliminate support and research staff vacancies, and reduce operating and M&O expenses. ($3,619,677) ($3,619,677) Reduce employer match for health insurance from 75% to 70%. ($210,114) ($210,114) Amount appropriated in this Act $41,002,005 $78,554,924 39.3. Athens/Tifton Vet 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 Other Funds $4,944,522 Research Funds $4,944,522 State Funds $32,323 State General Funds $32,323 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 $59,648,679 Federal Funds and Grants $0 Other Funds $25,083,929 Agency Funds $12,083,929 Research Funds $13,000,000 State Funds $34,564,750 State General Funds $34,564,750 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds TUESDAY, MARCH 10, 2009 1745 Amount from prior Appropriation Act (HB990) Provide for an additional reduction to operations. Eliminate extension agent, staff and research vacancies, and reduce operating and M&O expenses. Reduce employer match for health insurance from 75% to 70%. Amount appropriated in this Act $37,835,396 ($349,139) ($2,671,239) ($250,268) $34,564,750 $62,919,325 ($349,139) ($2,671,239) ($250,268) $59,648,679 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 $1,034,007 Federal Funds and Grants $0 Other Funds $400,000 Research Funds $375,988 Other Funds - Not Specifically Identified $24,012 State Funds $634,007 State General Funds $634,007 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 (HB990) $715,890 $1,115,890 Provide for an additional reduction to operations. ($6,404) ($6,404) Reduce employer match for health insurance from 75% to 70%. ($3,890) ($3,890) Eliminate 1 vacant position ($65,811) and reduce general operating expenses ($5,778). ($71,589) ($71,589) Amount appropriated in this Act $634,007 $1,034,007 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 1746 JOURNAL OF THE SENATE Forestry Initiative. Total Funds $7,028,593 Federal Funds and Grants $0 Other Funds $3,950,426 Research Funds $3,000,000 Other Funds - Not Specifically Identified $950,426 State Funds $3,078,167 State General Funds $3,078,167 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,410,980 $7,361,406 Provide for an additional reduction to operations. ($31,093) ($31,093) Reduce employer match for health insurance from 75% to 70%. ($18,504) ($18,504) Eliminate 3 vacant positions ($159,696) and reduce general operating expenses ($123,520). ($283,216) ($283,216) Amount appropriated in this Act $3,078,167 $7,028,593 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 State Funds $1,500,000 State General Funds $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 TUESDAY, MARCH 10, 2009 1747 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 $156,196,166 Federal Funds and Grants $0 Other Funds $148,917,958 Research Funds $148,917,958 State Funds $7,278,208 State General Funds $7,278,208 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $8,052,902 $156,970,860 Provide for an additional reduction to operations. ($72,204) ($72,204) Reduce employer match for health insurance from 75% to 70%. ($188,258) ($188,258) Represents reduction in program research and development activities affecting staffing and operating levels. ($494,126) ($494,126) Represents reduction in program research and development activities affecting staffing and operating levels. ($150,106) ($150,106) Provide funding for the Workplace Safety Technology research program for poultry processing industry. $130,000 $130,000 Amount appropriated in this Act $7,278,208 $156,196,166 39.10. Marine Institute Purpose: Understand the processes that affect the condition of the salt marsh and coastline. Total Funds $1,384,778 Federal Funds and Grants $0 Other Funds $482,948 Agency Funds $115,300 1748 JOURNAL OF THE SENATE Research Funds $367,648 State Funds $901,830 State General Funds $901,830 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 $994,601 $1,429,882 (HB990) Provide for an additional reduction to operations. ($9,109) ($9,109) Reduce employer match for health insurance ($4,094) ($4,094) from 75% to 70%. Eliminate 4 vacant positions ($26,401), reduce general operating expenses ($5,500), and realize savings from an increase in facility fees ($47,667). ($79,568) ($79,568) Increase facility fees (Other Funds: $47,667). $0 $47,667 Amount appropriated in this Act $901,830 $1,384,778 39.11. Marine Extension Services Purpose: Transfer technology, provide training, and conduct applied research. Total Funds $2,805,983 Federal Funds and Grants $0 Other Funds $1,345,529 Agency Funds $745,529 Research Funds $600,000 State Funds $1,460,454 State General Funds $1,460,454 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 (HB990) $1,628,349 $2,973,878 Provide for an additional reduction to ($14,752) ($14,752) operations. TUESDAY, MARCH 10, 2009 1749 Reduce employer match for health insurance from 75% to 70%. Eliminate 2 filled positions ($97,701) and reduce general operating expenses ($49,166). Amount appropriated in this Act ($6,276) ($146,867) $1,460,454 ($6,276) ($146,867) $2,805,983 39.12. Medical College of Georgia Hospital and Clinics Purpose: Care, teach, and refer clients. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $33,921,721 $0 $0 $33,921,721 $33,921,721 $0 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 $822,287 Federal Funds and Grants $0 Other Funds $0 State Funds $822,287 State General Funds $822,287 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 (HB990) $906,390 $906,390 Provide for an additional reduction to ($8,306) ($8,306) operations. Reduce employer match for health insurance from 75% to 70%. ($3,286) ($3,286) Reduce general operating expenses. ($72,511) ($72,511) Amount appropriated in this Act $822,287 $822,287 39.14. Public Libraries 1750 JOURNAL OF THE SENATE Purpose: Provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $42,035,700 Federal Funds and Grants $0 Other Funds $4,522,400 Agency Funds $4,522,400 State Funds $37,513,300 State General Funds $37,513,300 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 (HB990) $41,748,655 $46,271,055 Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) ($958,064) ($958,064) Provide for an additional reduction to ($377,179) ($377,179) operations. Reduce program operations ($667,242) and the public library state grant ($2,672,650). ($2,897,008) ($2,897,008) Reduce employer match for health insurance ($3,104) ($3,104) from 75% to 70%. Amount appropriated in this Act $37,513,300 $42,035,700 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 $47,126,383 $0 $0 $47,126,383 $5,000,000 $42,126,383 $0 TUESDAY, MARCH 10, 2009 1751 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $52,665,927 $52,665,927 Provide for an additional reduction to operations. ($425,519) ($425,519) Reduce personal services ($2,305,558) and general operating expenses ($2,461,037). ($4,766,595) ($4,766,595) Reduce funding for the Washington Center for Internships ($45,000), Oxford Study Abroad Program ($75,000), ICAPP health to collect data on nursing educators ($27,430), and Kennesaw State University Disadvantaged Youth Program ($200,000). ($347,430) ($347,430) Amount appropriated in this Act $47,126,383 $47,126,383 39.16. Regents Central Office Purpose: Provide administrative support to all colleges and universities in the university system. Total Funds $7,066,498 Federal Funds and Grants $0 Other Funds $0 State Funds $7,066,498 State General Funds $7,066,498 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 (HB990) $7,981,264 $7,981,264 Defer state employees' salary increases ($74,640) ($74,640) effective January 1, 2009. Provide for an additional reduction to operations. ($146,141) ($146,141) Reduce employer match for health insurance ($19,094) ($19,094) from 75% to 70%. 1752 JOURNAL OF THE SENATE Reduce the number of slots for students studying optometry and begin a four-year phase out of slots for students studying osteopathic medicine in payments to the Southern Regional Education Board (SREB). Reduce personal services ($337,446) and general operating expenses ($337,445). Amount appropriated in this Act $0 ($674,891) $7,066,498 $0 ($674,891) $7,066,498 39.17. Research Consortium Purpose: Conduct research to further industry in the State of Georgia. Total Funds $27,465,596 Federal Funds and Grants $0 Other Funds $0 State Funds $27,465,596 Tobacco Funds $750,000 State General Funds $26,715,596 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $32,183,995 $32,183,995 (HB990) Provide for an additional reduction to operations. $0 $0 Reduce general operating expenses for ($1,196,535) ($1,196,535) Advanced Communications ($1,085,373), the Bio-Refinery ($40,000), and the Georgia Environmental Partnership ($71,162). Reduce funding for the Georgia Research Alliance program. ($1,710,413) ($1,710,413) Utilize existing funds within the Georgia ($1,500,000) ($1,500,000) Research Alliance Eminent Scholar Endowment Trust Fund for Eminent Scholars. Reduce funding for ongoing research projects in the Traditional Industries Program. ($311,451) ($311,451) TUESDAY, MARCH 10, 2009 1753 Amount appropriated in this Act $27,465,596 $27,465,596 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 $6,194,443 Federal Funds and Grants $0 Other Funds $4,645,000 Agency Funds $1,145,000 Research Funds $3,500,000 State Funds $1,549,443 State General Funds $1,549,443 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 (HB990) $1,756,972 $6,401,972 Provide for an additional reduction to ($15,651) ($15,651) operations. Reduce employer match for health insurance from 75% to 70%. ($16,181) ($16,181) Eliminate 1 filled position ($50,000) and 1 ($175,697) ($175,697) vacant position ($32,530), reduce new and replacement research equipment purchases ($70,279), and cap the match for the indemnity health insurance plan at the rate of the PPO plan ($22,888). Amount appropriated in this Act $1,549,443 $6,194,443 39.19. Student Education Enrichment Program Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences. Total Funds $0 State Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds 1754 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Eliminate the Student Education Enrichment Program. Amount appropriated in this Act $322,377 ($322,377) $0 $322,377 ($322,377) $0 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 $4,647,132,751 Federal Funds and Grants $0 Other Funds $2,875,057,996 Agency Funds $1,557,935,876 Research Funds $1,317,122,120 State Funds $1,772,074,755 State General Funds $1,772,074,755 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,970,307,554 $4,845,365,550 Provide for an additional reduction to ($17,981,411) ($17,981,411) operations. Reduce personal services and operating expenses for the Public Service Institutes. ($1,415,344) ($1,415,344) Reduce personal services and operating expenses in the Resident Instruction program. ($176,775,764) ($176,775,764) TUESDAY, MARCH 10, 2009 1755 Reduce funding for GTREP Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton College-Cordele Roof Repair ($75,000), Georgia Southern IT Program ($1,218,946), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000). (CC:Restore $1,218,946 for Georgia Southern IT Program.) Amount appropriated in this Act ($2,060,280) $1,772,074,755 ($2,060,280) $4,647,132,751 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 $3,128,143 Federal Funds and Grants $0 Other Funds $0 State Funds $3,128,143 State General Funds $3,128,143 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,504,264 $3,504,264 Provide for an additional reduction to ($31,597) ($31,597) operations. Reduce employer match for health insurance from 75% to 70%. ($17,155) ($17,155) Eliminate 6 vacant positions ($121,557) and ($327,369) ($327,369) reduce funding for research projects ($205,812). Amount appropriated in this Act $3,128,143 $3,128,143 39.22. Veterinary Medicine Teaching Hospital 1756 JOURNAL OF THE SENATE Purpose: Provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography. Total Funds $10,108,565 Federal Funds and Grants $0 Other Funds $9,621,951 Agency Funds $9,621,951 State Funds $486,614 State General Funds $486,614 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $568,339 $10,190,290 Provide for an additional reduction to operations. ($4,915) ($4,915) Reduce employer match for health insurance from 75% to 70%. ($19,976) ($19,976) Eliminate 2 vacant positions. ($56,834) ($56,834) Amount appropriated in this Act $486,614 $10,108,565 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 $10,455,466 State Funds $10,455,466 Tobacco Funds $10,455,466 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $16,087,799 $16,087,799 Reduce funds for coalition operations. ($87,000) ($87,000) TUESDAY, MARCH 10, 2009 1757 Eliminate funds for the Quality Information Exchange. Reduce funds to capture Quality Information Exchange reserve fund balance. Amount appropriated in this Act ($4,283,333) ($1,262,000) $10,455,466 ($4,283,333) ($1,262,000) $10,455,466 39.24. Payments to Georgia Military College Purpose: Provide quality basic education funding for grades six through 12. Total Funds $2,636,371 Federal Funds and Grants $0 Other Funds $0 State Funds $2,636,371 State General Funds $2,636,371 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,062,916 $3,062,916 Reduce the State Health Benefit Plan ($94,326) ($94,326) employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) Provide for an additional reduction to operations. ($26,899) ($26,899) Reduce personal services in the Prep School ($204,308) and the Junior College ($101,012). ($305,320) ($305,320) Amount appropriated in this Act $2,636,371 $2,636,371 39.25. 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 $16,163,816 Federal Funds and Grants $0 Other Funds $0 1758 JOURNAL OF THE SENATE State Funds $16,163,816 State General Funds $16,163,816 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $18,191,543 $18,191,543 Reflect allocation of telecommunication $69,981 $69,981 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($102,859) ($102,859) Reduce the State Health Benefit Plan ($530,577) ($530,577) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($163,734) ($163,734) Reduce personal services and operating ($1,300,538) ($1,300,538) expenses. Amount appropriated in this Act $16,163,816 $16,163,816 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 State General Funds Intra-State Government Transfers $568,520,312 $397,422 $397,422 $22,244,548 $12,110,135 $10,134,413 $545,878,342 $150,000 $545,728,342 $0 TUESDAY, MARCH 10, 2009 1759 40.1. Administration Purpose: 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 $4,077,544 Federal Funds and Grants $0 Other Funds $375,000 Other Funds - Not Specifically Identified $375,000 State Funds $3,702,544 State General Funds $3,702,544 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $4,155,944 $4,530,944 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $2,808 $2,808 Defer state employees' salary increases effective January 1, 2009. ($36,247) ($36,247) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($184,896) ($184,896) Reduce personal services costs through an 8day agency-wide furlough. ($106,447) ($106,447) Realize operational efficiencies. ($35,000) ($35,000) Eliminate 1 vacant position. ($93,618) ($93,618) Amount appropriated in this Act $3,702,544 $4,077,544 40.2. Customer Service Purpose: Assure all state revenue collection activities proceed in a manner consistent with promoting voluntary compliance and the Taxpayer Bill of Rights. Total Funds $12,283,791 Federal Funds and Grants $0 Other Funds $2,110,135 1760 JOURNAL OF THE SENATE Agency Funds $2,110,135 State Funds $10,173,656 State General Funds $10,173,656 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $11,464,238 $13,574,373 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $4,597 $4,597 Defer state employees' salary increases ($102,182) ($102,182) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($521,230) ($521,230) Realize operational efficiencies. ($150,000) ($150,000) Eliminate 1 vacant position. ($326,100) ($326,100) Reduce personal services costs through an 8- ($195,667) ($195,667) day agency-wide furlough. Amount appropriated in this Act $10,173,656 $12,283,791 40.3. Homeowners Tax Relief Grants (HTRG) Purpose: 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 The above amounts include the following adjustments, additions, and deletions to the TUESDAY, MARCH 10, 2009 1761 previous appropriation act: Amount from prior Appropriation Act (HB990) Amount appropriated in this Act State Funds $428,290,501 $428,290,501 Total Funds $428,290,501 $428,290,501 40.4. Industry Regulation Purpose: 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 $4,711,884 Federal Funds and Grants $187,422 Federal Funds Not Specifically Identified $187,422 Other Funds $0 State Funds $4,524,462 Tobacco Funds $150,000 State General Funds $4,374,462 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $4,969,234 $5,156,656 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $11,309 $11,309 Defer state employees' salary increases effective January 1, 2009. ($40,232) ($40,232) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($205,220) ($205,220) Reduce regular operating expenses agencywide including funding for motor vehicle ($99,110) ($99,110) purchases. 1762 JOURNAL OF THE SENATE Reduce personal services costs through an 8day agency-wide furlough. Amount appropriated in this Act ($111,519) $4,524,462 ($111,519) $4,711,884 40.5. Local Tax Officials Retirement and FICA Purpose: Provide state retirement benefits and employers' share of FICA to local tax officials and their staffs. Total Funds $5,990,030 State Funds $5,990,030 State General Funds $5,990,030 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $5,149,163 $5,149,163 Add funds to pay the employer portion of retirement benefits for local tax officials. $840,867 $840,867 Amount appropriated in this Act $5,990,030 $5,990,030 40.6. Revenue Processing Purpose: Ensure all tax payments are received, credited, and deposited according to sound business practices and the law, and ensure all tax returns are reviewed and recorded to accurately update taxpayer information. Total Funds $38,529,934 Federal Funds and Grants $0 Other Funds $426,769 Other Funds - Not Specifically Identified $426,769 State Funds $38,103,165 State General Funds $38,103,165 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $42,190,866 $42,617,635 TUESDAY, MARCH 10, 2009 1763 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contractual services for internal information technology projects. Eliminate 9 vacant positions. Reduce personal services costs through an 8day agency-wide furlough. Reduce the temporary labor force and associated operating costs as a result of eliminating two shifts. Amount appropriated in this Act $136,089 ($254,794) ($1,299,705) ($184,509) ($84,782) $0 ($2,400,000) $38,103,165 $136,089 ($254,794) ($1,299,705) ($184,509) ($84,782) $0 ($2,400,000) $38,529,934 40.7. Salvage Inspection Purpose: Inspect rebuilt salvage vehicles. Total Funds $1,469,728 Federal Funds and Grants $0 Other Funds $0 State Funds $1,469,728 State General Funds $1,469,728 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 $1,704,133 $1,704,133 (HB990) Defer state employees' salary increases effective January 1, 2009. ($15,501) ($15,501) 1764 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Realize operational efficiencies. Reduce personal services costs through an 8day agency-wide furlough. Amount appropriated in this Act ($79,071) ($100,000) ($39,833) $1,469,728 ($79,071) ($100,000) ($39,833) $1,469,728 40.8. State Board of Equalization Purpose: 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: Establish motor vehicle ownership. Total Funds $24,088,548 Federal Funds and Grants $0 Other Funds $3,695,700 Other Funds - Not Specifically Identified $3,695,700 State Funds $20,392,848 State General Funds $20,392,848 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $23,449,239 $27,144,939 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $119,100 $119,100 TUESDAY, MARCH 10, 2009 1765 Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Realize operational efficiencies. Eliminate 4 vacant and 4 filled positions. Reduce personal services costs through an 8day agency-wide furlough. Defer non-mandated supply purchases and services for counties associated with tag and title registration. Eliminate funding for 17 hourly and 14 temporary labor positions. Realize operational efficiencies by relying on one statutorily required notice to inform vehicle owners who are non-compliant with insurance requirements. Amount appropriated in this Act ($119,194) ($608,012) ($90,000) ($448,000) ($326,785) ($393,000) ($785,500) ($405,000) $20,392,848 ($119,194) ($608,012) ($90,000) ($448,000) ($326,785) ($393,000) ($785,500) ($405,000) $24,088,548 40.10. Tax Compliance Purpose: Ensure all taxpayers pay the correct amount of taxes owed under the law. Total Funds $49,073,352 Federal Funds and Grants $210,000 Federal Funds Not Specifically Identified $210,000 Other Funds $15,636,944 Agency Funds $10,000,000 Other Funds - Not Specifically Identified $5,636,944 State Funds $33,226,408 State General Funds $33,226,408 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $36,119,723 $51,966,667 1766 JOURNAL OF THE SENATE (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contractual services for internal information technology projects. Realize operational efficiencies. Eliminate 5 vacant and 2 filled positions. Reduce personal services costs through an 8day agency-wide furlough. Reduce out-of-state travel expenses for auditors. Delay hiring 3 vacant compliance auditor positions added in FY 2009 until January 1, 2009. Amount appropriated in this Act $2,143 ($296,060) ($1,510,206) ($202,668) ($99,999) ($339,375) $0 ($300,000) ($147,150) $33,226,408 $2,143 ($296,060) ($1,510,206) ($202,668) ($99,999) ($339,375) $0 ($300,000) ($147,150) $49,073,352 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 $36,608,327 $0 $1,939,894 $435,771 $1,504,123 $34,668,433 $34,668,433 $0 41.1. Administration Services Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies. TUESDAY, MARCH 10, 2009 1767 Total Funds $6,909,745 Federal Funds and Grants $0 Other Funds $127,578 Other Funds - Not Specifically Identified $127,578 State Funds $6,782,167 State General Funds $6,782,167 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $8,452,027 $8,579,605 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $128 $128 Defer state employees' salary increases effective January 1, 2009. ($88,686) ($88,686) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and ($414,835) ($414,835) to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($186,570) ($186,570) Reduce personal services ($301,156), eliminate 3 positions in the Administration subprogram ($660,395), and reduce funding ($974,897) ($974,897) for temporary positions ($13,346). Reduce funding for the Martin Luther King, Jr. holiday celebration based on prior year expenditures. ($5,000) ($5,000) Amount appropriated in this Act $6,782,167 $6,909,745 41.2. 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 $5,938,622 1768 JOURNAL OF THE SENATE Federal Funds and Grants $0 Other Funds $532,671 Records Center Storage Fee $435,771 Other Funds - Not Specifically Identified $96,900 State Funds $5,405,951 State General Funds $5,405,951 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 (HB990) $6,363,415 $6,896,086 Reflect allocation of telecommunication $70 $70 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($38,824) ($38,824) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and ($184,002) ($184,002) to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. $0 $0 Eliminate 19 positions to reflect reorganization. ($522,783) ($522,783) Reduce program-wide operating expenses based on streamlined service delivery. ($211,925) ($211,925) Amount appropriated in this Act $5,405,951 $5,938,622 41.3. Capitol Tours Purpose: Provide guided informational tours of the Capitol. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds $159,922 $0 $0 $159,922 $159,922 TUESDAY, MARCH 10, 2009 1769 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $168,558 $168,558 Reflect allocation of telecommunication $3 $3 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($1,596) ($1,596) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($7,043) ($7,043) Amount appropriated in this Act $159,922 $159,922 41.4. 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 $1,927,777 Federal Funds and Grants $0 Other Funds $739,512 Other Funds - Not Specifically Identified $739,512 State Funds $1,188,265 State General Funds $1,188,265 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,339,523 $2,079,035 Reflect allocation of telecommunication $50 $50 expenses resulting from the GAIT Outsourcing Project. 1770 JOURNAL OF THE SENATE Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Amount appropriated in this Act ($19,261) ($97,047) ($35,000) $1,188,265 ($19,261) ($97,047) ($35,000) $1,927,777 41.5. 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 $6,177,127 Federal Funds and Grants $0 Other Funds $340,133 Other Funds - Not Specifically Identified $340,133 State Funds $5,836,994 State General Funds $5,836,994 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $6,029,562 $6,369,695 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $671 $671 Defer state employees' salary increases effective January 1, 2009. ($20,845) ($20,845) TUESDAY, MARCH 10, 2009 1771 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Realize savings from the consolidation of mail routes ($3,000), utilization of existing supply of voter registration applications ($20,600), and publication of the Official Directory of Elected Officials online ($25,000). Reduce funds for contracts. Amount appropriated in this Act ($98,794) ($25,000) ($48,600) $0 $5,836,994 ($98,794) ($25,000) ($48,600) $0 $6,177,127 41.6. Professional Licensing Boards Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $7,645,208 Federal Funds and Grants $0 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $7,495,208 State General Funds $7,495,208 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $8,755,732 $8,905,732 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $129 $129 Defer state employees' salary increases effective January 1, 2009. ($74,484) ($74,484) 1772 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Eliminate 18 filled positions and reduce funding for 6 vacant positions. Reduce operating expenses related to per diem and fees for exam proctors ($53,000) and contractual services as related to direct exam expenses ($29,000). Amount appropriated in this Act ($353,256) ($750,913) ($82,000) $7,495,208 ($353,256) ($750,913) ($82,000) $7,645,208 41.7. Securities Purpose: Provide for registration, compliance, and enforcement of the provisions of the Georgia Codes, and provide information to the public regarding subjects of such codes. Total Funds $1,563,361 Federal Funds and Grants $0 Other Funds $50,000 Other Funds - Not Specifically Identified $50,000 State Funds $1,513,361 State General Funds $1,513,361 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 (HB990) $1,862,983 $1,912,983 Reflect allocation of telecommunication $17 $17 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($22,507) ($22,507) TUESDAY, MARCH 10, 2009 1773 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for 3 vacant positions. Amount appropriated in this Act ($106,669) ($15,000) ($205,463) $1,513,361 ($106,669) ($15,000) ($205,463) $1,563,361 The following appropriations are for agencies attached for administrative purposes. 41.8. 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 $309,385 Federal Funds and Grants $0 Other Funds $0 State Funds $309,385 State General Funds $309,385 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $364,819 $364,819 (HB990) Defer state employees' salary increases effective January 1, 2009. ($3,173) ($3,173) Reduce the State Health Benefit Plan ($17,946) ($17,946) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. $0 $0 1774 JOURNAL OF THE SENATE Reduce personal services for part-time exhibit coordinators. Reduce consulting fees for teacher training provided state-wide. Reduce travel agency-wide. Amount appropriated in this Act ($20,000) ($6,815) ($7,500) $309,385 ($20,000) ($6,815) ($7,500) $309,385 41.9. 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 $1,301,681 Federal Funds and Grants $0 Other Funds $0 State Funds $1,301,681 State General Funds $1,301,681 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 $1,713,440 $1,713,440 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $3,435 $3,435 Defer state employees' salary increases ($54,627) ($54,627) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($87,674) ($87,674) Provide for an additional reduction to ($13,209) ($13,209) operations. Defer pay raise for compliance investigators funded in FY 2009. ($175,000) ($175,000) TUESDAY, MARCH 10, 2009 1775 Defer filling 2 vacant compliance investigator positions and reduce personal services agency-wide. Amount appropriated in this Act ($84,684) $1,301,681 ($84,684) $1,301,681 41.10. 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 $3,182,182 Federal Funds and Grants $0 Other Funds $0 State Funds $3,182,182 State General Funds $3,182,182 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,671,540 $3,671,540 Defer state employees' salary increases effective January 1, 2009. ($29,332) ($29,332) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($127,696) ($127,696) Provide for an additional reduction to operations. ($20,071) ($20,071) Eliminate 1 vacant investigator position ($50,000) and 1 vacant investigative support position ($20,000), and fill 2 investigator positions for only 6 months ($50,000). ($120,000) ($120,000) Remove funding for the Home Inspectors Licensing Board funded in FY 2009 due to the veto of enabling legislation. ($130,000) ($130,000) Reduce motor vehicle purchases. ($18,000) ($18,000) Realize telecommunications savings. ($16,259) ($16,259) 1776 JOURNAL OF THE SENATE Eliminate the use of printed transcripts for Commission meetings, and increase the frequency of teleconference meetings. Reduce the frequency of administrative hearings by 1 administrative hearing per month for 6 months. Replace state funds with other funds. Amount appropriated in this Act ($16,000) ($12,000) $0 $3,182,182 ($16,000) ($12,000) $0 $3,182,182 41.11. 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 $1,493,317 Federal Funds and Grants $0 Other Funds $0 State Funds $1,493,317 State General Funds $1,493,317 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,782,791 $1,782,791 Defer state employees' salary increases effective January 1, 2009. ($17,719) ($17,719) Reduce the State Health Benefit Plan ($87,342) ($87,342) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($15,145) ($15,145) Reduce funding for personal services through a combination of agency-wide furloughs, attrition, and reductions in force. ($76,788) ($76,788) Reduce the purchase of new and replacement computer software and equipment. ($42,000) ($42,000) TUESDAY, MARCH 10, 2009 1777 Reduce funding for travel, training, and supplies and materials. Eliminate funding for the purchase of court reporting services, hearing transcripts, and other contractual services. Amount appropriated in this Act ($41,980) ($8,500) $1,493,317 ($41,980) ($8,500) $1,493,317 Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $8,515,993 $1,717,500 $1,717,500 $2,631,971 $2,631,971 $2,946,901 $2,946,901 $1,219,621 $1,219,621 42.1. Administration Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $699,497 Federal Funds and Grants $0 Other Funds $0 State Funds $699,497 State General Funds $699,497 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $744,561 $744,561 Reflect allocation of telecommunication $2,187 $2,187 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($10,768) ($10,768) 1778 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Amount appropriated in this Act ($36,483) $0 $699,497 ($36,483) $0 $699,497 42.2. Conservation of Agricultural Water Supplies Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $4,218,643 Federal Funds and Grants $1,465,000 Federal Funds Not Specifically Identified $1,465,000 Other Funds $2,351,971 Agency Funds $2,351,971 State Funds $401,672 State General Funds $401,672 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $322,300 $4,139,271 Reflect allocation of telecommunication $968 $968 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($6,014) ($6,014) Reduce the State Health Benefit Plan ($15,582) ($15,582) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) TUESDAY, MARCH 10, 2009 1779 Redirect funds from Water Resources and Land Use Planning to the Conservation of Agricultural Water Supplies program for essential repairs and maintenance to the Dawson field office. Amount appropriated in this Act $100,000 $401,672 $100,000 $4,218,643 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 $3,242,680 Federal Funds and Grants $252,500 Federal Funds Not Specifically Identified $252,500 Other Funds $280,000 Agency Funds $280,000 State Funds $1,490,559 State General Funds $1,490,559 Intra-State Government Transfers $1,219,621 Other Intra-State Government Payments $1,219,621 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,656,609 $3,408,730 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $2,123 $2,123 Defer state employees' salary increases effective January 1, 2009. ($43,749) ($43,749) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($78,424) ($78,424) Replace state funds with other funds in personal services. ($46,000) ($46,000) Amount appropriated in this Act $1,490,559 $3,242,680 1780 JOURNAL OF THE SENATE 42.4. USDA Flood Control Watershed Structures Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $97,755 Federal Funds and Grants $0 Other Funds $0 State Funds $97,755 State General Funds $97,755 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $98,810 $98,810 Reflect allocation of telecommunication $37 $37 expenses resulting from the GAIT Outsourcing Project. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,092) ($1,092) Amount appropriated in this Act $97,755 $97,755 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 $257,418 Federal Funds and Grants $0 Other Funds $0 State Funds $257,418 State General Funds $257,418 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds TUESDAY, MARCH 10, 2009 1781 Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce contract funds. Reduce funds in personal services. Redirect funds from Water Resources and Land Use Planning program to the Conservation of Agricultural Water Supplies program for essential repairs and maintenance to the Dawson field office. Amount appropriated in this Act $750,559 $18 ($300) ($29,859) ($343,000) ($20,000) ($100,000) $257,418 $750,559 $18 ($300) ($29,859) ($343,000) ($20,000) ($100,000) $257,418 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 $588,613,880 $520,653 $520,653 $12,472,493 $12,472,493 $575,620,734 $546,762,979 $28,857,755 $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 $4,500,000 1782 JOURNAL OF THE SENATE State Funds $4,500,000 Lottery Funds $4,500,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $4,200,000 $4,200,000 Increase Accel to meet the projected need. $300,000 $300,000 Amount appropriated in this Act $4,500,000 $4,500,000 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 State Funds $710,000 Lottery Funds $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 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 $1,329,200 Other Funds $400,000 Other Funds - Not Specifically Identified $400,000 State Funds $929,200 State General Funds $929,200 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 10, 2009 1783 Amount from prior Appropriation Act (HB990) Reduce the Governor's Scholarship Program to meet the projected need. Amount appropriated in this Act State Funds $1,629,200 ($700,000) $929,200 Total Funds $2,029,200 ($700,000) $1,329,200 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 $3,184,883 State Funds $3,184,883 State General Funds $3,184,883 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $3,599,883 $3,599,883 Reduce Guaranteed Educational Loans to meet the projected need. ($415,000) ($415,000) Amount appropriated in this Act $3,184,883 $3,184,883 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 spouses and children of such members. Total Funds $798,000 Other Funds $718,000 Other Funds - Not Specifically Identified $718,000 State Funds $80,000 State General Funds $80,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $200,000 $918,000 1784 JOURNAL OF THE SENATE Reduce the HERO Scholarship to meet the projected need. Amount appropriated in this Act ($120,000) $80,000 ($120,000) $798,000 43.7. HOPE Administration Purpose: None Total Funds $5,798,264 Federal Funds and Grants $0 Other Funds $500,000 Other Funds - Not Specifically Identified $500,000 State Funds $5,298,264 Lottery Funds $5,298,264 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 (HB990) $5,488,608 $5,988,608 Defer state employees' salary increases ($60,332) ($60,332) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($130,012) ($130,012) Amount appropriated in this Act $5,298,264 $5,798,264 43.8. HOPE GED Purpose: Award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Total Funds $2,356,654 State Funds $2,356,654 Lottery Funds $2,356,654 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds TUESDAY, MARCH 10, 2009 1785 Amount from prior Appropriation Act (HB990) Decrease HOPE GED to meet the projected need. Amount appropriated in this Act $2,461,614 ($104,960) $2,356,654 $2,461,614 ($104,960) $2,356,654 43.9. HOPE Grant Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution. Total Funds $123,816,042 State Funds $123,816,042 Lottery Funds $123,816,042 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $113,251,243 $113,251,243 Increase the HOPE Grant to meet the projected need. $10,564,799 $10,564,799 Amount appropriated in this Act $123,816,042 $123,816,042 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 $42,323,094 State Funds $42,323,094 Lottery Funds $42,323,094 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $52,177,437 $52,177,437 (HB990) Decrease HOPE Scholarships- Private Schools to meet the projected need. ($9,854,343) ($9,854,343) Amount appropriated in this Act $42,323,094 $42,323,094 43.11. HOPE Scholarships - Public Schools 1786 JOURNAL OF THE SENATE Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public postsecondary institution. Total Funds $355,086,391 Federal Funds and Grants $0 Other Funds $0 State Funds $355,086,391 Lottery Funds $355,086,391 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $354,276,159 $354,276,159 Adjust HOPE Scholarships- Public Schools to meet the projected need. $810,232 $810,232 Amount appropriated in this Act $355,086,391 $355,086,391 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 TUESDAY, MARCH 10, 2009 1787 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 $1,137,763 State Funds $1,137,763 State General Funds $1,137,763 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $683,951 $683,951 Increase the North Georgia Military Scholarship Grant to meet the projected need. $453,812 $453,812 Amount appropriated in this Act $1,137,763 $1,137,763 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 $535,146 Federal Funds and Grants $0 Other Funds $0 State Funds $535,146 State General Funds $535,146 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 (HB990) $507,479 $507,479 Increase grant funding to meet projected need. $27,667 $27,667 Amount appropriated in this Act $535,146 $535,146 1788 JOURNAL OF THE SENATE 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 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 non-repayable grant aid to Georgia residents who attend eligible private postsecondary institutions. Total Funds $32,101,574 Other Funds $10,654,493 Other Funds - Not Specifically Identified $10,654,493 State Funds $21,447,081 State General Funds $21,447,081 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $23,311,802 $33,966,295 TUESDAY, MARCH 10, 2009 1789 Reduce the Tuition Equalization Grant to meet the projected need. Amount appropriated in this Act ($1,864,721) $21,447,081 ($1,864,721) $32,101,574 The following appropriations are for agencies attached for administrative purposes. 43.20. Nonpublic Post Secondary Education Commission Purpose: Authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. Total Funds $726,014 Federal Funds and Grants $0 Other Funds $0 State Funds $726,014 State General Funds $726,014 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 $803,910 $803,910 (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $1,498 $1,498 Defer state employees' salary increases ($8,538) ($8,538) effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($43,500) ($43,500) Provide for an additional reduction to ($7,356) ($7,356) operations. Reduce operating expenses. ($20,000) ($20,000) Amount appropriated in this Act $726,014 $726,014 Section 44: Teachers' Retirement System 1790 JOURNAL OF THE SENATE Total Funds Federal Funds and Grants Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Retirement Payments $28,053,277 $0 $448,481 $448,481 $1,368,000 $1,368,000 $26,236,796 $26,236,796 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 $1,368,000 Federal Funds and Grants $0 Other Funds $0 State Funds $1,368,000 State General Funds $1,368,000 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 (HB990) $1,523,000 $1,523,000 Adjust funding for Floor/COLA based on ($155,000) ($155,000) projected lapse. Amount appropriated in this Act $1,368,000 $1,368,000 44.2. System Administration Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $26,685,277 Other Funds $448,481 Other Funds - Not Specifically Identified $448,481 TUESDAY, MARCH 10, 2009 1791 Intra-State Government Transfers Retirement Payments $26,236,796 $26,236,796 Section 45: Technical College System of 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 Other Intra-State Government Payments $571,548,711 $60,500,000 $60,500,000 $190,640,000 $190,600,000 $40,000 $319,433,711 $319,433,711 $975,000 $975,000 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 $13,840,494 Federal Funds and Grants $3,800,000 Federal Funds Not Specifically Identified $3,800,000 Other Funds $1,440,000 Agency Funds $1,400,000 Other Funds - Not Specifically Identified $40,000 State Funds $8,600,494 State General Funds $8,600,494 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $10,213,558 $15,453,558 1792 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce operating expenses. Reduce personal services. Amount appropriated in this Act ($437,025) ($68,478) ($204,443) ($903,118) $8,600,494 ($437,025) ($68,478) ($204,443) ($903,118) $13,840,494 45.2. Adult Literacy Purpose: Enable every adult learner in Georgia to acquire the necessary basic skillsreading, writing, computation, speaking, and listening - to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship. Total Funds $32,762,328 Federal Funds and Grants $15,400,000 Federal Funds Not Specifically Identified $15,400,000 Other Funds $3,200,000 Agency Funds $3,200,000 State Funds $14,162,328 State General Funds $14,162,328 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $16,297,100 $34,897,100 Reduce the State Health Benefit Plan ($572,988) ($572,988) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($112,690) ($112,690) Reduce Adult Literacy Grants. ($1,449,094) ($1,449,094) TUESDAY, MARCH 10, 2009 1793 Amount appropriated in this Act $14,162,328 $32,762,328 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 $23,946,794 Federal Funds and Grants $300,000 Federal Funds Not Specifically Identified $300,000 Other Funds $8,975,000 Agency Funds $8,975,000 State Funds $14,671,794 State General Funds $14,671,794 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $16,719,604 $25,994,604 Reduce the State Health Benefit Plan ($323,722) ($323,722) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($116,612) ($116,612) Reduce funding for Quick Start. ($1,407,476) ($1,407,476) Eliminate funding for a post-graduate engineering program at Chattahoochee Technical College. ($200,000) ($200,000) Amount appropriated in this Act $14,671,794 $23,946,794 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 $500,999,095 1794 JOURNAL OF THE SENATE Federal Funds and Grants $41,000,000 Federal Funds Not Specifically Identified $41,000,000 Other Funds $177,025,000 Agency Funds $177,025,000 State Funds $281,999,095 State General Funds $281,999,095 Intra-State Government Transfers $975,000 Other Intra-State Government Payments $975,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $327,744,745 $546,744,745 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $572,024 $572,024 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and ($16,470,966) ($16,470,966) to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. ($2,244,572) ($2,244,572) Reduce personal services ($8,872,677) and operating expenses ($17,658,391) formula funding for the technical colleges. ($26,531,068) ($26,531,068) Reduce funding for the Regents Program. ($296,068) ($296,068) Reduce funding for Career Academies. (CC:Partially restore funds.) ($750,000) ($750,000) Recognize early savings from the consolidations of 14 colleges. ($25,000) ($25,000) Amount appropriated in this Act $281,999,095 $500,999,095 Section 46: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & $2,141,628,568 $1,269,017,438 $1,242,517,438 TUESDAY, MARCH 10, 2009 1795 Construction Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds Motor Fuel Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $26,500,000 $5,999,308 $5,999,308 $865,193,794 $840,809,092 $24,384,702 $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 system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. 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. 1796 JOURNAL OF THE SENATE 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 $58,561,624 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 $46,822,831 Motor Fuel Funds $46,434,722 State General Funds $388,109 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $68,478,140 $80,216,933 Defer state employees' salary increases effective January 1, 2009. ($848,330) ($848,330) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($2,814,916) ($2,814,916) Provide for an additional reduction to operations. ($250,728) ($250,728) Reduce funds for motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. ($50,999) ($50,999) Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. ($5,165,502) ($5,165,502) TUESDAY, MARCH 10, 2009 1797 Reduce contract funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Eliminate 1 vacant position and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce personal services and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Amount appropriated in this Act ($5,421,038) ($4,978,054) ($21,607) ($385,001) ($1,719,134) $46,822,831 ($5,421,038) ($4,978,054) ($21,607) ($385,001) ($1,719,134) $58,561,624 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 $3,100,239 Federal Funds and Grants $0 Other Funds $275,000 Agency Funds $275,000 State Funds $2,167,444 State General Funds $2,167,444 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 (HB990) $2,310,310 $3,243,105 1798 JOURNAL OF THE SENATE Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Amount appropriated in this Act $6,069 ($52,046) ($96,889) $2,167,444 $6,069 ($52,046) ($96,889) $3,100,239 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 $19,543,415 Federal Funds and Grants $6,500,000 Federal Funds Not Specifically Identified $6,500,000 Other Funds $0 State Funds $13,043,415 State General Funds $13,043,415 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 (HB990) $16,455,457 $22,955,457 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $4,469 $4,469 Defer state employees' salary increases effective January 1, 2009. ($3,866) ($3,866) TUESDAY, MARCH 10, 2009 1799 Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds for pavement maintenance projects. Reduce funds for maintenance. Reduce personal service costs to reflect projected expenditures. Amount appropriated in this Act ($30,787) ($1,731,858) ($1,500,000) ($150,000) $13,043,415 ($30,787) ($1,731,858) ($1,500,000) ($150,000) $19,543,415 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 $10,477,785 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 $2,145,271 Motor Fuel Funds $1,072,557 State General Funds $1,072,714 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $4,665,832 $12,998,346 Reflect allocation of telecommunication $266,972 $266,972 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($110,676) ($110,676) 1800 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Eliminate 15 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce regular operating expenses. Amount appropriated in this Act ($320,029) ($29,893) ($1,598,055) ($216,102) ($458,678) ($54,100) $2,145,271 ($320,029) ($29,893) ($1,598,055) ($216,102) ($458,678) ($54,100) $10,477,785 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 $169,607,945 Federal Funds and Grants $69,658,670 Federal Highway Administration Highway Planning & Construction $69,658,670 State Funds $99,354,042 Motor Fuel Funds $99,354,042 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 TUESDAY, MARCH 10, 2009 Amount from prior Appropriation Act (HB990) Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce funds for motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce funds for Local Road Assistance and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce funds for Off System funding and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce funds for Most Needed and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce operating expenses and transfer funds to the State Highway Construction and Improvement program for Capital Outlay projects. $156,700,606 ($398,564) ($1,538,960) ($95,660) ($109,000) ($14,921,095) ($20,247,427) ($11,000,000) ($6,600,000) ($1,050,009) 1801 $226,954,509 ($398,564) ($1,538,960) ($95,660) ($109,000) ($14,921,095) ($20,247,427) ($11,000,000) ($6,600,000) ($1,050,009) 1802 JOURNAL OF THE SENATE Reduce contract funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce funds in personal services and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Amount appropriated in this Act ($633,104) ($752,745) $99,354,042 ($633,104) ($752,745) $169,607,945 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 provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. Total Funds $106,630,353 Federal Funds and Grants $0 Other Funds $0 State Funds $106,630,353 Motor Fuel Funds $106,630,353 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $94,249,786 $94,249,786 Reflect debt service requirements for the State Road and Tollway Authority. $12,380,567 $12,380,567 Amount appropriated in this Act $106,630,353 $106,630,353 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 $839,793 Federal Funds and Grants $0 Other Funds $0 State Funds $839,793 State General Funds $839,793 TUESDAY, MARCH 10, 2009 1803 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $1,528,887 $1,528,887 Defer state employees' salary increases effective January 1, 2009. ($2,211) ($2,211) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($11,868) ($11,868) Reduce funds related to the condemnation lawsuit. ($275,015) ($275,015) Reduce funds for the remainder of FY09 and contract with the Georgia Ports Authority for dike and harbor maintenance and mosquito control. ($400,000) ($400,000) Amount appropriated in this Act $839,793 $839,793 46.8. Rail Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects. Total Funds $347,647 Federal Funds and Grants $0 Other Funds $88,239 Agency Funds $88,239 State Funds $259,408 State General Funds $259,408 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act $303,647 $391,886 (HB990) 1804 JOURNAL OF THE SENATE Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce operating expenses. Amount appropriated in this Act ($4,060) ($16,119) ($24,060) $259,408 ($4,060) ($16,119) ($24,060) $347,647 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 $1,362,852,621 Federal Funds and Grants $964,973,294 Federal Highway Administration Highway Planning & Construction $964,973,294 Other Funds $0 State Funds $397,714,327 Motor Fuel Funds $397,714,327 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 $284,919,481 $1,250,057,775 (HB990) Reduce contract funds. ($7,246,144) ($7,246,144) Reduce operating expenses. ($1,492,510) ($1,492,510) Reduce state matching funds. ($72,043,759) ($72,043,759) Reduce funds for Most Needed systems. ($4,400,000) ($4,400,000) TUESDAY, MARCH 10, 2009 1805 Transfer funds for capital outlay projects from the Administration program ($21,404,581), Data Collection, Compliance and Reporting program ($2,692,220), Local Road Assistance program ($57,346,564), State Highway System Maintenance program ($12,356,057), and State Highway System Operations program ($18,995,424) to the State Highway Construction and Improvement program. Reduce personal services. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. Increase funds for capital outlay projects. Amount appropriated in this Act $112,794,846 ($2,856,698) ($4,862,238) $92,901,349 $397,714,327 $112,794,846 ($2,856,698) ($4,862,238) $92,901,349 $1,362,852,621 46.10. State Highway System Maintenance Purpose: Coordinate all statewide maintenance activities. Total Funds $335,854,324 Federal Funds and Grants $153,104,852 Federal Highway Administration Highway Planning & Construction $153,104,852 Other Funds $642,602 Agency Funds $642,602 State Funds $182,106,870 Motor Fuel Funds $182,106,870 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $192,591,918 $346,339,372 Defer state employees' salary increases effective January 1, 2009. ($2,156,203) ($2,156,203) 1806 JOURNAL OF THE SENATE Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contract funds. Reduce funds in personal services. Reduce operating expenses. Reduce state matching funds. Eliminate funds for motor vehicle purchases. Reduce funds for the state forces 107 program and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Eliminate 126 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Reduce funds for equipment purchases. Increase funds for capital outlay projects. Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Amount appropriated in this Act ($6,377,117) ($643,447) ($4,497,928) ($5,988,477) ($38,356,709) ($1,207,751) ($4,000,000) ($3,814,180) ($96,813) $61,195,454 ($4,541,877) $182,106,870 ($6,377,117) ($643,447) ($4,497,928) ($5,988,477) ($38,356,709) ($1,207,751) ($4,000,000) ($3,814,180) ($96,813) $61,195,454 ($4,541,877) $335,854,324 46.11. State Highway System Operations Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management. Total Funds $47,193,003 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 $7,496,221 TUESDAY, MARCH 10, 2009 1807 Motor Fuel Funds $7,496,221 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $26,491,645 $66,188,427 Defer state employees' salary increases effective January 1, 2009. ($455,128) ($455,128) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($1,591,211) ($1,591,211) Eliminate 127 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. ($3,847,971) ($3,847,971) Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for ($261,571) ($261,571) Capital Outlay projects. Reduce funds for motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. ($131,000) ($131,000) Reduce operating expenses and transfer funds to the State Highway System ($3,212,825) ($3,212,825) Construction and Improvement program for Capital Outlay projects. Reduce personal services and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects. ($999,157) ($999,157) Reduce state matching funds and transfer ($8,496,561) ($8,496,561) funds to the State Highway System Construction and Improvement program for Capital Outlay projects. Amount appropriated in this Act $7,496,221 $47,193,003 1808 JOURNAL OF THE SENATE 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 $26,619,819 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 $6,613,819 State General Funds $6,613,819 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $7,520,854 $27,526,854 Reflect allocation of telecommunication expenses resulting from the GAIT $18,989 $18,989 Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($8,403) ($8,403) Reduce the State Health Benefit Plan ($41,807) ($41,807) employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds for bus replacement. ($875,814) ($875,814) Amount appropriated in this Act $6,613,819 $26,619,819 Section 47: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds $41,682,650 $18,875,370 $18,875,370 $0 $22,807,280 $22,807,280 TUESDAY, MARCH 10, 2009 1809 Intra-State Government Transfers $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 $1,194,904 Federal Funds and Grants $0 Other Funds $0 State Funds $1,194,904 State General Funds $1,194,904 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 (HB990) $850,660 $850,660 Reflect allocation of telecommunication $4,086 $4,086 expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. ($6,361) ($6,361) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($40,339) ($40,339) Delay hiring 4 positions added in FY 2009. ($113,142) ($113,142) Transfer state funds from the veterans benefit program to the administration $500,000 $500,000 program to align budget with anticipated expenditures. Amount appropriated in this Act $1,194,904 $1,194,904 47.2. Georgia Veterans Memorial Cemetery Purpose: Provide for the interment of eligible Georgia veterans who served faithfully and honorably in the military service of our country. 1810 JOURNAL OF THE SENATE Total Funds $572,159 Federal Funds and Grants $35,700 Federal Funds Not Specifically Identified $35,700 Other Funds $0 State Funds $536,459 State General Funds $536,459 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $570,702 $606,402 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $173 $173 Defer state employees' salary increases effective January 1, 2009. ($4,294) ($4,294) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and ($30,122) ($30,122) to 0%, effective March 1, 2009.) Amount appropriated in this Act $536,459 $572,159 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 $11,290,562 Federal Funds and Grants $5,534,646 Federal Funds Not Specifically Identified $5,534,646 State Funds $5,755,916 State General Funds $5,755,916 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $6,129,026 $11,950,582 TUESDAY, MARCH 10, 2009 1811 Decrease payments to the Medical College of Georgia for operating the Georgia War Veterans' Nursing Home in Augusta (Total Funds: $660,020). Amount appropriated in this Act ($373,110) $5,755,916 ($660,020) $11,290,562 47.4. Georgia War Veterans Nursing Home - Milledgeville Purpose: Provide skilled nursing care to aged and infirmed Georgia war veterans. Total Funds $18,834,154 Federal Funds and Grants $8,681,584 Federal Funds Not Specifically Identified $8,681,584 State Funds $10,152,570 State General Funds $10,152,570 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $11,502,288 $21,161,872 Close the independent living unit of the Georgia War Veterans' Home in Milledgeville effective December 1, 2008 (Total Funds: $2,327,718). ($1,349,718) ($2,327,718) Amount appropriated in this Act $10,152,570 $18,834,154 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. Total Funds $9,790,871 Federal Funds and Grants $4,623,440 Federal Funds Not Specifically Identified $4,623,440 Other Funds $0 State Funds $5,167,431 State General Funds $5,167,431 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1812 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Transfer state funds from the veteran's benefit program to the administration program to align budget with anticipated expenditures. Reduce new information technology funding provided in FY 2009. Delay hiring 4 new veterans' benefits counselor positions provided for in FY 2009. Reduce travel associated with itinerant service, annual service officers' school and supermarket of veterans benefits. Reduce funds for repairs and maintenance to both state veterans' homes. Amount appropriated in this Act State Funds $6,648,993 $4,986 ($68,862) ($338,254) ($500,000) ($300,000) ($160,000) ($19,432) ($100,000) $5,167,431 Section 48: Workers' Compensation, State Board of Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Total Funds $11,272,433 $4,986 ($68,862) ($338,254) ($500,000) ($300,000) ($160,000) ($19,432) ($100,000) $9,790,871 $18,813,644 $0 $200,000 $200,000 $18,613,644 $18,613,644 $0 TUESDAY, MARCH 10, 2009 1813 48.1. Administration Purpose: 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 $8,216,214 Federal Funds and Grants $0 Other Funds $25,000 Agency Funds $25,000 State Funds $8,191,214 State General Funds $8,191,214 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $6,504,141 $6,529,141 Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. $143,487 $143,487 Defer state employees' salary increases effective January 1, 2009. ($24,894) ($24,894) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($126,723) ($126,723) Increase payments to the State Treasury from $1,961,807 to $3,657,010. $1,695,203 $1,695,203 Amount appropriated in this Act $8,191,214 $8,216,214 48.2. Administer the Workers' Comp Laws Purpose: Provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law. Total Funds $10,597,430 Federal Funds and Grants $0 Other Funds $175,000 Agency Funds $175,000 State Funds $10,422,430 1814 JOURNAL OF THE SENATE State General Funds $10,422,430 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB990) $11,216,053 $11,391,053 Defer state employees' salary increases effective January 1, 2009. ($125,557) ($125,557) Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) ($668,066) ($668,066) Amount appropriated in this Act $10,422,430 $10,597,430 Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds State Funds Motor Fuel Funds State General Funds Intra-State Government Transfers $969,990,354 $0 $0 $969,990,354 $186,720,776 $783,269,578 $0 49.1. GO Bonds Issued Purpose: Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. Total Funds $926,808,666 Federal Funds and Grants $0 Other Funds $0 State Funds $926,808,666 Motor Fuel Funds $185,824,076 State General Funds $740,984,590 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the TUESDAY, MARCH 10, 2009 1815 previous appropriation act: Amount from prior Appropriation Act (HB990) Transfer debt service for bonds sold in FY 2009 from New to Issued. Retain prior year unspent balance of $31,393,806 in state general funds to meet FY 2010 debt service requirements. (CC:YES) Reduce Motor Fuel funds to reflect actual needs. Transfer debt service for bonds sold in FY 2009 from New to Issued. Retain prior year unspent balance of $9,216,563 in motor fuel funds to meet FY 2010 debt service requirements. (CC:YES) Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds for the Georgia Ports Authority from FY 2006 (HB 85) for Container Berths 4, 5, and 6 overlay upgrade. Reduce debt service to capture savings associated with favorable rates received in the bond sale in February. Amount appropriated in this Act State Funds $903,133,634 $43,717,691 $0 ($28,880,567) $19,642,000 $0 ($22,351) ($10,781,741) $926,808,666 Total Funds $903,133,634 $43,717,691 $0 ($28,880,567) $19,642,000 $0 ($22,351) ($10,781,741) $926,808,666 49.2. GO Bonds New Purpose: None Total Funds $43,181,688 Federal Funds and Grants $0 Other Funds $0 State Funds $43,181,688 Motor Fuel Funds $896,700 State General Funds $42,284,988 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1816 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB990) Transfer debt service for bonds sold in FY 2009 from New to Issued. Transfer debt service and reflect payments due on bonds issued in FY 2009 from New to Issued. Transfer debt service for bonds sold in FY 2009 from New to Issued. Transfer debt service and reflect payments due on bonds issued in FY 2009 from New to Issued. Reduce debt service to capture savings associated with favorable rates received in the bond sale in February. (CC:Reflect savings in the General Obligation Debt Sinking Fund - Issued program.) Amount appropriated in this Act State Funds $106,541,379 ($43,717,691) $0 ($19,642,000) $0 $0 $43,181,688 Total Funds $106,541,379 ($43,717,691) $0 ($19,642,000) $0 $0 $43,181,688 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, $854,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems TUESDAY, MARCH 10, 2009 1817 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 # 5] 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 # 6] 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 # 7] 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 # 8] 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 # 9] 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 1818 JOURNAL OF THE SENATE amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 10] 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 # 11] 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 # 12] 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 # 13] 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 # 14] 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 # 15] From State General Funds, $1,039,500 is specifically appropriated for the TUESDAY, MARCH 10, 2009 1819 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 # 16] 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 # 17] 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 # 18] 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 # 19] 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 # 20] 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, 1820 JOURNAL OF THE SENATE enlargement, or improvement of land, waters, 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 # 21] 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 # 22] 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 # 23] From State General Funds, $546,560 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 $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 24] 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 # 25] 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 TUESDAY, MARCH 10, 2009 1821 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 # 26] 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 # 27] 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 # 28] 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 # 29] 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 two hundred and forty months. [Bond # 30] 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 1822 JOURNAL OF THE SENATE in excess of sixty months. [Bond # 31] 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 # 32] 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 # 33] 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 # 34] 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 # 35] 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 # 36] From State General Funds, $170,800 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library TUESDAY, MARCH 10, 2009 1823 facilities by grant to the governing board of the Forsyth County Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 37] 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 # 38] 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 # 39] 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 # 40] 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 # 41] 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 # 42] 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 # 43] From State General Funds, $4,389,000 is specifically appropriated for the 1824 JOURNAL OF THE SENATE 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 # 44] 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 sixty months. [Bond # 45] 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 # 46] 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 # 47] 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 # 48] 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, TUESDAY, MARCH 10, 2009 1825 enlargement, or improvement of land, waters, 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 # 49] 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 # 50] 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 # 51] 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 two hundred and forty months. [Bond # 52] 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 # 53] 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 1826 JOURNAL OF THE SENATE 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 # 54] 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 # 55] 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 # 56] 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 # 57] 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 sixty months. [Bond # 58] 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 TUESDAY, MARCH 10, 2009 1827 in excess of sixty months. [Bond # 59] 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 # 60] 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 # 61] 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 # 62] 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 # 63] 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. [Bond # 64] From State General Funds, $128,954 is specifically appropriated for the 1828 JOURNAL OF THE SENATE 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 # 65] 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 # 66] 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 # 67] 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 # 68] 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 # 69] 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 TUESDAY, MARCH 10, 2009 1829 of land, waters, 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 # 70] 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 sixty months. [Bond # 71] 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 # 72] 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 # 73] 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 # 74] 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. 1830 JOURNAL OF THE SENATE [Bond # 75] 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 # 76] 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 sixty months. [Bond # 77] 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 # 78] 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 # 79] 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 # 80] 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 TUESDAY, MARCH 10, 2009 1831 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 # 81] 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 # 82] 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 # 83] 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 two hundred and forty months. [Bond # 84] 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 # 85] 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 # 86] From State General Funds, $836,920 is specifically appropriated for the 1832 JOURNAL OF THE SENATE 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 # 87] 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 # 88] 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 # 89] 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 two hundred and forty months. [Bond # 90] 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 # 91] 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 TUESDAY, MARCH 10, 2009 1833 Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 92] 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 # 93] 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 # 94] 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 # 95] 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 # 96] 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 sixty months. [Bond # 97] 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, 1834 JOURNAL OF THE SENATE 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 # 98] 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 # 99] 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 # 100] 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 # 101] 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 # 102] 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 # 103] 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, TUESDAY, MARCH 10, 2009 1835 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 two hundred and forty months. [Bond # 104] 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 # 105] 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 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. 1836 JOURNAL OF THE SENATE Section 52: General Obligation Bonds Repealed, Revised, or Reinstated Because there is no further need to issue debt under the authorizing appropriation identified below, after issuance under the authorization of $2,420,000 in general obligation debt and the deposit of $547,649 from the appropriation into the general obligation debt sinking fund as required highest annual debt service (see State of Georgia General Obligation Bonds Series 2007A, issued April 26, 2007), the remaining balance of $22,351, presently available to support an issue of up to $80,000 in additional principal amount, in the authorizing appropriation is hereby repealed: That certain paragraph of the General Appropriations Act for fiscal year 2005-2006 (Ga. L. 2005, Volume One, Book Two Appendix, commencing at p.1319, 1425, Act No. 396, 2005 Regular Session, H.B 85); as carried forward in Section 50 of Act No. 949, H.B. 1026 (Ga. L. 2006, Volume One, Book Two, commencing as p. 1 of 226, 222); as amended by Section 54 of Act No. 377, H.B. 95 (Ga. L. 2007, Volume One, Book Two Appendix, commencing as p. 1 of 277, 276), which as amended reads 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 20072008 (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, 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 53: 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 TUESDAY, MARCH 10, 2009 1837 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, IntraState 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 54: 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 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. Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 118. On the motion, a roll call was taken, and the vote was as follows: 1838 JOURNAL OF THE SENATE Y Adelman Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 118. Senator Hill of the 4th moved that HB 118 be immediately transmitted to the Governor. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber TUESDAY, MARCH 10, 2009 1839 Y Hamrick Y Harbison Y Harp Y Powell Y Ramsey Y Reed Y Wiles Y Williams On the motion, the yeas were 53, nays 0, and HB 118 was voted immediately transmitted to the Governor. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The Calendar was resumed. SB 180. By Senators Cowsert of the 46th, Murphy of the 27th, Goggans of the 7th, Fort of the 39th and Chapman of the 3rd: A BILL to be entitled an Act to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to the issuance of limited driving permits for certain offenders, so as to allow the issuance of a limited driving permit to a person convicted of driving under the influence subject to certain conditions; 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 180: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to allow certain drivers with suspended licenses to be issued limited driving permits; to provide for the issuance of a limited driving permit to a person convicted of driving under the influence subject to certain conditions; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, is amended by revising subsection (b) of Code Section 40-5-57.1, relating to suspensions of licenses of persons under age 21, as follows: "(b) A person whose driver's license has been suspended under subsection (a) of this Code section shall: (1) Subject to the requirements of subsection (c) of this Code section and except as 1840 JOURNAL OF THE SENATE otherwise provided by paragraph (2) of this subsection: (A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after six months; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after 12 months; or (2)(A) If the driver's license was suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63. (B) If such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and: (i) If the driver's alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (ii) If the driver's alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months." SECTION 2. Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to the issuance of limited driving permits for certain offenders, is amended in subsections (a) and (e) as follows: "(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2, or Code Section 40-5-57.1 if the person is age 18 or older. (2) Any person whose driver's license has been suspended and who is subject to a court order for installation and use of an ignition interlock device as a condition of probation pursuant to the provisions Article 7 of Chapter 8 of Title 42 may apply for a limited driving permit. (3) A limited driving permit may be issued to a person convicted for a second violation of Code Section 40-6-391 after a 120 day suspension period if, in the discretion of the sentencing judge, a certificate of eligibility for a limited driving TUESDAY, MARCH 10, 2009 1841 permit is issued providing that: (A) An ignition interlock is installed in accordance with paragraph (2) of subsection (b) of Code Section 42-8-112 on all vehicles operated by the person applying for a limited driving permit; and (B) The person applying for the limited driving permit continues to participate for a minimum of 120 days in a Department of Human Resources approved multiple offender program in accordance with Code Section 40-5-63.1 or in a drug court program in compliance with Code Section 15-1-15." "(e) Fees, duration, renewal, and replacement of permit. A permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's 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, or upon the expiration of one year in the case of a suspension under Code Section 40-5-57.1; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's 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 driver's 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 applicant's 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 driver's 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 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license limited driving permit issued to him or her." 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. 1842 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 N Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay N Shafer E Sims N Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber N Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 4. SB 180, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Tolleson of the 20th SB 184. By Senator Weber of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for certain requirements regarding service of a notice of commencement to a contractor; to amend Part 4 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to payment TUESDAY, MARCH 10, 2009 1843 bonds, so as to provide for certain requirements regarding service to a contractor; to amend Part 4 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to payment bonds, so as to provide for certain requirements regarding service to a contractor; to provide for a procedure for the application of certain forms; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 184: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for certain requirements regarding service of a notice of commencement to a contractor; to provide for the computation of time under certain circumstances; to provide for a procedure for the application of certain forms; to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions relative to contracts for public works, so as to provide for certain requirements regarding service to a contractor; to provide for a procedure for the application of certain forms; to amend Part 4 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to payment bonds, so as to provide for certain requirements regarding service to a contractor; to provide for a procedure for the application of certain forms; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, is amended by revising Code Section 10-7-31, relating to rights of certain parties claiming protection under a payment bond or security deposit and notice of commencement of work, as follows: "10-7-31. (a) Where a payment bond or security deposit is provided pursuant to a contract for the construction of an improvement to property other than a public work, every person entitled to claim the protection of the payment bond or security deposit who has not been paid in full for labor or material furnished in the prosecution of the work referred to in such bond or security deposit after the last of the labor was done or performed by him or her or the material or equipment or machinery was furnished or supplied by him or her for which such claim is made, or when he or she has completed his or her subcontract for which such claim is made, shall have the right to bring an action on such payment bond or security deposit in accordance with the terms thereof for the amount, or the balance thereof, unpaid at the time of the commencement of such action 1844 JOURNAL OF THE SENATE and to prosecute such action to final execution and judgment for the sum or sums due him or her; provided, however, that any person having no contractual relationship express or implied with the contractor furnishing such payment bond or security deposit on a project where the contractor has complied with the Notice of Commencement notice of commencement requirements in accordance with subsection (b) of this Code section shall not have the right to bring an action on such payment bond or security deposit in accordance with the terms thereof unless such person gave to the contractor within 30 days from the filing of the Notice of Commencement notice of commencement or 30 days following the first delivery of labor, material, machinery, or equipment, whichever is later, a written notice to contractor. Notice to Contractor setting forth. The notice to the contractor shall be sent by registered or certified mail or statutory overnight delivery, to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process. The notice to contractor shall set forth: (1) The name, address, and telephone number of the person providing labor, material, machinery, or equipment; (2) The name and address of each person at whose instance the labor, material, machinery, or equipment are being furnished; (3) The name and location of the project set forth in the Notice of Commencement notice of commencement; and (4) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any. (b) Where a payment bond or security deposit is provided pursuant to a contract for the construction of an improvement to property other than a public work, the contractor furnishing the payment bond or security deposit shall post on the project site and file with the clerk of the superior court of the county in which the project is located a Notice of Commencement notice of commencement no later than 15 days after the contractor physically commences work on the project and give a copy of the Notice of Commencement notice of commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to give a copy of the Notice of Commencement notice of commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the notice to contractor requirement of subsection (a) of this Code section inapplicable to the subcontractor, materialman, or person making the request. Notice of Commencement Notice of commencement shall include: (1) The name, address, and telephone number of the contractor; (2) The name and location of the project being constructed and the legal description of the property upon which the improvements are being made; (3) The name and address of the true owner of the property; (4) The name and address of the person other than the owner at whose instance the improvements are being made, if not the true owner of the property; TUESDAY, MARCH 10, 2009 1845 (5) The name and the address of the surety for the performance and payment bonds, if any; (6) The name and address of the construction lender, if any; and (7) The name and address of the holder of the security deposit provided, if any. (c) The failure to file a Notice of Commencement notice of commencement under subsection (b) of this Code section shall render the Notice to Contractor notice to contractor requirements of subsection (a) of this Code section inapplicable. (d) The clerk of the superior court shall file the Notice of Commencement notice of commencement provided for in this Code section within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices of lien specified in subsection (a) of Code Section 44-14-361.3. Each such Notice of Commencement notice of commencement shall be indexed under the name of the true owner and the contractor as contained in the Notice of Commencement notice of commencement." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "10-7-32. For purposes of this article: (1) The computation of time shall be determined pursuant to paragraph (3) of subsection (d) of Code Section 1-3-1. (2) The provisions of Code Section 44-14-366 regarding interim waiver and release upon payment, waiver and release upon final payment, and the affidavit of nonpayment shall apply to payment bond rights and remedies under this article in the same manner and to the same extent as such provisions apply to lien rights and remedies under Code Section 44-14-366." SECTION 3. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions regarding contracts for public works, is amended by adding a new Code section to read as follows: "13-10-3. For purposes of this article, the computation of time shall be determined pursuant to paragraph (3) of subsection (d) of Code Section 1-3-1." SECTION 4 Said article is further amended in Part 4, relating to payment bonds, by revising paragraphs (1) and (2) of subsection (a) of Code Section 13-10-63, relating to pursuit of action by a person entitled to protection of a payment bond, as follows: "(1) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has not complied with the notice of commencement requirements shall 1846 JOURNAL OF THE SENATE have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done. The notice to the contractor may shall be served by registered or certified mail or statutory overnight delivery, postage prepaid, duly addressed to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence, by depositing such notice in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process; and (2) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has complied with the notice of commencement requirements in accordance with subsection (a) of Code Section 13-10-62 shall have the right of action on the payment bond or security deposit, provided that such person shall, within 30 days from the filing of the notice of commencement or 30 days following the first delivery of labor, material, machinery, or equipment, whichever is later, give to the contractor a written notice setting forth:. The notice to the contractor shall be sent by registered or certified mail or statutory overnight delivery, to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process. The notice to the contractor shall set forth: (A) The name, address, and telephone number of the person providing labor, material, machinery, or equipment; (B) The name and address of each person at whose instance the labor, material, machinery, or equipment is being furnished; (C) The name and the location of the public works construction site; and (D) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any." SECTION 4. Said article is further amended in Part 4, relating to payment bonds, by adding a new Code section to read as follows: "13-10-66. The provisions of Code Section 44-14-366 regarding interim waiver and release upon payment, waiver and release upon final payment, and the affidavit of nonpayment shall apply to payment bond rights and remedies under this part in the same manner and to TUESDAY, MARCH 10, 2009 1847 the same extent as such provisions apply to lien rights and remedies under Code Section 44-14-366; provided, however, that no additional rights to a lien on public property shall be granted pursuant to this part." SECTION 5. Part 4 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to payment bonds, is amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 36-91-93, relating to rights of person protected by payment bond or security deposit, as follows: "(1) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has not complied with the notice of commencement requirements shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done. The notice to the contractor may shall be served by registered or certified mail, postage prepaid, or statutory overnight delivery, duly addressed to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence, by depositing such notice in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process; and (2) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has complied with the notice of commencement requirements in accordance with subsection (a) of Code Section 36-91-92 shall have the right of action on the payment bond or security deposit, provided that such person shall, within 30 days from the filing of the notice of commencement or 30 days following the first delivery of labor, material, machinery, or equipment, whichever is later, give to the contractor a written notice setting forth: The notice to the contractor shall be sent by registered or certified mail or statutory overnight delivery, to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process. The notice to the contractor shall set forth: (A) The name, address, and telephone number of the person providing labor, material, machinery, or equipment; (B) The name and address of each person at whose instance the labor, material, 1848 JOURNAL OF THE SENATE machinery, or equipment is being furnished; (C) The name and the location of the public works construction site; and (D) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any." SECTION 6. Said part is further amended by adding two new Code sections to read as follows: "36-91-96. The provisions of Code Section 44-14-366 regarding interim waiver and release upon payment, waiver and release upon final payment, and the affidavit of nonpayment shall apply to payment bond rights and remedies under this part in the same manner and to the same extent as such provisions apply to lien rights and remedies under Code Section 44-14-366; provided, however, that no additional rights to a lien on public property shall be granted pursuant to this part. 36-91-97. For purposes of this article, the computation of time shall be determined pursuant to paragraph (3) of subsection (d) of Code Section 1-3-1." SECTION 7. 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C TUESDAY, MARCH 10, 2009 1849 Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 51, nays 0. SB 184, having received the requisite constitutional majority, was passed by substitute. Senator Weber of the 40th was excused for business outside the Senate Chamber. SB 188. By Senators Unterman of the 45th, Moody of the 56th and Balfour of the 9th: A BILL to be entitled an Act to amend Titles 16 and 36 of the Official Code of Georgia Annotated, relating to crimes and offenses and to local government, respectively, so as to provide for the protection and training of code officials; to provide for the offense of obstructing or hindering code officials whose duty it is to assure code compliance; to provide for definitions; to provide for criminal penalties; to provide for the training of code officials through the creation of the Georgia Code Enforcement Training Board; to amend various Code sections of Title 36 for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senators Unterman of the 45th, Hawkins of the 49th and Wiles of the 37th offered the following amendment #1: Amend SB 188 (LC 36 1323) by striking lines 54 through 58 and inserting in lieu thereof the following: (1) Three voting members shall be code officials who shall be appointed by the Governor from a list of nominees submitted by the Georgia Association of Code Enforcement; (2) One voting member shall be a code official appointed by the President of the Senate; (3) One voting member shall be a code official appointed by the Speaker of the House of Representatives; (4) The chairperson of the Georgia Municipal Courts Training Council or his or her designee, which member shall not be a voting member; and (5) The chairperson of the Georgia Magistrate Courts Training Council or his or her 1850 JOURNAL OF THE SENATE By striking lines 60 through 63 and inserting in lieu thereof the following: (c) The initial voting members shall be appointed on or before June 1, 2009, and shall take their positions on July 1, 2009. The three voting members appointed by the Governor shall serve until December 31, 2011, and until their respective successors are appointed and qualified. The voting members appointed by the President of the Senate and the Speaker of the House of Representatives shall serve until December 31, 2010, and until their respective successors are appointed and qualified. Thereafter, successors shall be appointed to terms of two years and until their respective successors are appointed and qualified. By striking lines 71 and 72 and inserting in lieu thereof "take an oath of office and shall, upon taking the oath of office, receive". By inserting "voting" before "members" on line 77. On the adoption of the amendment, there were no objections, and the Unterman et al. amendment #1 was adopted. Senators Unterman of the 45th, Hawkins of the 49th and Wiles of the 37th offered the following amendment #2: Amend SB 188 (LC 36 1323) by inserting after "appointed by the" on line 54 "Carl Vinson Institute of Government of the University of Georgia in consultation with the". On the adoption of the amendment, there were no objections, and the Unterman et al. amendment #2 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas TUESDAY, MARCH 10, 2009 1851 Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 51, nays 0. SB 188, having received the requisite constitutional majority, was passed as amended. Senator Adelman of the 42nd was excused for business outside the Senate Chamber. SB 199. By Senators Wiles of the 37th, Harp of the 29th and Cowsert of the 46th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to suspend for one year the otherwise required annual training for magistrates and probate judges; 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 199: A BILL TO BE ENTITLED AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to suspend for one year the otherwise required annual training for magistrates and probate 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 159-1.1, relating to training requirements for probate judges, by revising subsection (c) as follows: "(c)(1) Each judge of the probate court shall be required to complete additional training prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia during each year he or she serves as a judge of the probate court after the initial year of training and shall file a certificate of such 1852 JOURNAL OF THE SENATE additional training issued by the Institute of Continuing Judicial Education of Georgia with the Probate Judges Training Council. (2) For the calendar years 2009 and 2010 only, the requirements of this subsection shall be suspended, and no ongoing annual training shall be required. If any probate judge has completed all or a portion of such training prior to the effective date of this paragraph, credit for the training so completed shall be carried over and applied to calendar year 2010 or 2011." SECTION 2. Said title is further amended in Code Section 15-10-137, relating to training requirements for magistrates, by revising subsection (c) as follows: "(c)(1) In order to maintain the status of a certified magistrate judge, each person certified as such shall complete 20 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as a magistrate judge. (2) For the calendar years 2009 and 2010 only, the requirements of this subsection shall be suspended, and no ongoing annual training shall be required. If any magistrate has completed all or a portion of such training prior to the effective date of this paragraph, credit for the training so completed shall be carried over and applied to calendar year 2010 or 2011." 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: E Adelman Y Balfour Y Brown Y Buckner N Bulloch Y Butler Y Butterworth Y Hawkins Y Heath N Henson N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Rogers Y Seabaugh Y Seay Y Shafer E Sims N Smith Y Staton TUESDAY, MARCH 10, 2009 1853 Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Jackson,L N Jackson,W N Johnson Jones Y Moody N Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Stoner N Tarver Y Tate Y Thomas Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 37, nays 9. SB 199, having received the requisite constitutional majority, was passed by substitute. SB 201. By Senators Balfour of the 9th, Buckner of the 44th, Williams of the 19th, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for cancer research; 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 Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 1854 JOURNAL OF THE SENATE Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 0. SB 201, having received the requisite constitutional majority, was passed. SB 210. By Senators Johnson of the 1st, Hudgens of the 47th, Cowsert of the 46th, Goggans of the 7th, Weber of the 40th and others: A BILL to be entitled an Act to amend Code Section 20-2-306 of the Official Code of Georgia Annotated, relating to the honors program and residential high school program, so as to include home schooled students among those students eligible to participate in the student honors program; 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: E Adelman Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S E Tolleson Y Unterman TUESDAY, MARCH 10, 2009 1855 E Grant Y Hamrick Y Harbison Y Harp Pearson Y Powell Y Ramsey Y Reed E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 0. SB 210, having received the requisite constitutional majority, was passed. SB 223. By Senators Unterman of the 45th, Williams of the 19th, Rogers of the 21st and Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general health provisions, so as to create the Women's Reproductive Health Legislative Oversight Committee; to provide for its membership, terms, and meetings; to provide for its duties; to provide for cooperation with other agencies; to provide for an annual report; to provide for an audit; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Buckner of the 44th and Henson of the 41st offered the following amendment #1: Amend SB 223 by line 29 add a new sentence after the period: 2 representatives from the Emory School of Public Health and the Center for Disease Control, or their representatives, shall serve as ex-officios of the committee Senator Buckner of the 44th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the Buckner, Henson amendment #1 was withdrawn. Senator Buckner of the 44th offered the following amendment #2: Amend SB 223 by line 29 add a new sentence after the period that reads: l representative from the Emory School of Public Health and 1 representative of the Center for Disease Control shall serve as ex-officios with non-voting powers. On the adoption of the amendment, the President called for unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, the yeas were 15, nays 24, and the Buckner amendment #2 was lost. 1856 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: N Adelman Y Balfour Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas 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 41, nays 11. SB 223, 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 the report of the Committee of Conference on the following Bill of the House: HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II). TUESDAY, MARCH 10, 2009 1857 Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the state of Georgia, by a vote of 156 yeas 0 nays, the House, on this day, ordered HB 118 be immediately transmitted to the Governor. The President resumed the Chair. The Calendar was resumed. SB 226. By Senators Crosby of the 13th, Pearson of the 51st, Mullis of the 53rd, Johnson of the 1st, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to provide for the prohibition against the advertising and conducting of certain live musical performances and productions; to provide for a short title; to provide for definitions; to provide for certain civil remedies; to provide for certain 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 Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams 1858 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 54, nays 0. SB 226, having received the requisite constitutional majority, was passed. SB 233. By Senators Stoner of the 6th, Mullis of the 53rd, Thompson of the 33rd, Douglas of the 17th, Golden of the 8th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to require the board to administer or approve examinations which conform to the respective scopes of practice for purposes of certifying emergency medical technicians, paramedics, and cardiac technicians; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Crosby 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,L Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams On the passage of the bill, the yeas were 50, nays 0. SB 233, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 10, 2009 1859 The following communication was received by the Secretary: Senator John D. Crosby District 13 324 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Ethics Banking and Financial Institutions Higher Education Judiciary Public Safety The State Senate Atlanta, Georgia 30334 3-10-09 To Mr. Ewing: Secretary of the Senate I intended to vote yes on Senate Bill number 233 that was on the calendar Tuesday, March 10, 2009. However, I missed the vote. /s/ John D. Crosby SB 238. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton 1860 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Stoner Y Tarver Y Tate Y Thomas 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 238, having received the requisite constitutional majority, was passed. SB 239. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Butler of the 55th, Jones of the 10th, Buckner of the 44th and others: A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to revise certain provisions relating to mandatory attendance; to require new residents in a local school system to enroll a child within 30 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local school system official who fails to make certain reports is guilty of a misdemeanor; to provide that a person who fails to enroll a child is guilty of a misdemeanor; 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 239: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to revise certain provisions relating to mandatory attendance; to require new residents in a local school system to enroll a child within 10 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local school system official who fails to make certain reports is guilty of a misdemeanor; to provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 10, 2009 1861 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, is amended by revising Code Section 20-2-690.1, relating to mandatory education for children, as follows: "20-2-690.1. (a) Mandatory attendance in a public school, private school, or home school program shall be required for children between their sixth and sixteenth birthdays. Such mandatory attendance shall not be required where the child has successfully completed all requirements for a high school diploma. Any parent, guardian, or other person having control or charge of any child or children subject to mandatory attendance pursuant to this subsection who becomes a new resident of a local school system in this state during the academic year of such school system shall within 10 days of such new residency enroll such child or children in a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program. Failure to enroll such child or children within 10 days shall constitute a violation of this Code section. (b) Every parent, guardian, or other person residing within this state having control or charge of any child or children during the ages of mandatory attendance as required in subsection (a) of this Code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences as provided for by law or by the local board of education shall be excused absences. The requirements of this subsection shall apply to a child during the ages of mandatory attendance as required in subsection (a) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. 1862 JOURNAL OF THE SENATE (c) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end of the school year. (d)(c) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart. (d)(1) Local school system officials shall make and file a report to the appropriate enforcement agency regarding any parent, guardian, or other person having control or charge of any child or children subject to mandatory attendance requirements pursuant to subsection (a) of this Code section who have accumulated 15 days of unexcused absences. Any person required to make a report pursuant to this paragraph who knowingly and willfully fails to do so shall be guilty of a misdemeanor. (2) Local school system officials or other persons may make and file a report to the appropriate enforcement agency regarding any parent, guardian, or other person having control or charge of any child or children subject to mandatory attendance requirements pursuant to subsection (a) of this Code section whose child or children are not regularly attending school. (3) Local school system officials or other persons may make and file a report to the appropriate enforcement agency regarding any parent, guardian, or other person having control or charge of any child or children subject to mandatory attendance TUESDAY, MARCH 10, 2009 1863 requirements pursuant to subsection (a) of this Code section if it appears that such parent, guardian, or other person has knowingly violated any of the provisions of this Code section. (4) Local school systems shall cooperate in the investigation and prosecution of mandatory attendance violations in accordance with Code Section 20-2-694. (e) No case shall constitute a violation of this Code section unless said child has accumulated five or more days of unexcused absences. Each day's absence from school in violation of this part after the child's school system or its designee notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two or more reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested and upon doing so, the school system shall be considered to be in compliance with this subsection. (e)(f) An unemancipated minor who is older than the age of mandatory attendance as required in subsection (a) of this Code section who has not completed all requirements for a high school diploma who wishes to withdraw from school shall have the written permission of his or her parent or legal guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or legal guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall make a reasonable attempt to share with the student and parent or guardian the educational options available, including the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Every local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with the Department of Education no later than January 1, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences of withdrawing from school without completing all requirements for a high school diploma. Such form shall include information relating to the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Each local school superintendent shall provide such forms and information to all of its principals of schools serving grades six through twelve 12 for the principals to use during the required conference with the child and parent or legal guardian. (g)(1) Any parent, guardian, or other person residing in this state who has control or 1864 JOURNAL OF THE SENATE charge of a child or children and who shall fail to send such child or children in a public school, a private school, or a home study program in accordance with this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. (2) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall fail to enroll such child or children in a public school, a private school, or a home study program in accordance with this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as for a misdemeanor with the exception that any imprisonment portion of the sentence shall not exceed 30 days." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Ramsey of the 43rd moved the previous question. On the motion, there was no objection and the previous question was ordered. Senators Seabaugh of the 28th, Rogers of the 21st and Ramsey of the 43rd offered the following amendment #1 to the committee substitute: Amend the Senate Education and Youth Committee substitute to SB 239 (LC 33 3095S) by adding after "misdemeanor;" on line 7 the following: to provide for statutory construction; By striking the quotation mark at the end of line 141 and by inserting between lines 141 and 142 the following: (h) Nothing in this Code section shall be construed to authorize the State Board of Education, local boards of education, or any officers thereof or appropriate enforcement agencies to impose any additional requirements on private schools or home study programs beyond that specifically included in subsection (a) of this Code section and in Code Section 20-2-690." On the adoption of the amendment, there were no objections, and the Seabaugh et al. amendment #1 to the committee substitute was adopted. Senators Rogers of the 21st, Heath of the 31st, Chance of the 16th and Pearson of the 51st offered the following amendment #2 to the committee substitute: Amend the committee substitute to SB 239 by striking "10" on lines 21, 24, and 4 and replace with "30" TUESDAY, MARCH 10, 2009 1865 On the adoption of the amendment, the President called for unanimous consent. Senator Balfour of the 9th objected. On the adoption of the amendment, the yeas were 16, nays 29, and the Rogers et al. amendment #2 to the committee substitute was lost. Senators Rogers of the 21st, Williams of the 19th, Seabaugh of the 28th, Staton of the 18th, Chance of the 16th, Douglas of the 17th and others offered the following amendment #3 to the committee substitute: Amend the Senate Education and Youth Committee substitute to SB 239 (LC 33 3095S) by striking "as provided for by law or by the local board of education" on lines 37 and 38; by striking "in the case of private schools or home study programs and visiting teachers" on lines 73 and 74 and inserting in lieu thereof ", in the case of private schools or home study programs and visiting teachers visiting teachers,"; by inserting "of" after "fine" on line 132; by striking ", imprisonment not to exceed 30 days," on line 133 and inserting in lieu thereof "or"; by striking "any combination of such penalties" on line 134 and inserting in lieu thereof "both"; and by striking lines 139 through 141 and inserting in lieu thereof "guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or community service, or both, but shall not be subject to imprisonment."" On the adoption of the amendment, the President called for unanimous consent. Senator Balfour of the 9th objected. On the adoption of the amendment, the yeas were 18, nays 32, and the Rogers et al. amendment #3 to the committee substitute 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 Brown Y Buckner N Bulloch Y Hawkins N Heath Y Henson Y Hill,Jack N Hill,Judson N Rogers N Seabaugh Y Seay N Shafer Y Sims 1866 JOURNAL OF THE SENATE Y Butler Y Butterworth N Chance N Chapman N Cowsert Y Crosby N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hooks Y Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones N Moody Y Mullis N Murphy Y Orrock N Pearson Powell Y Ramsey Y Reed N Smith N Staton Y Stoner Y Tarver Y Tate Y Thomas 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 36, nays 18. SB 239, having received the requisite constitutional majority, was passed by substitute. SR 257. By Senators Thomas of the 54th, Orrock of the 36th, Johnson of the 1st, Unterman of the 45th, Weber of the 40th and others: A RESOLUTION creating the Alzheimer's Disease and Other Dementias Task Force; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S TUESDAY, MARCH 10, 2009 1867 Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 55, nays 0. SR 257, having received the requisite constitutional majority, was adopted. SR 277. By Senators Goggans of the 7th, Staton of the 18th, Unterman of the 45th, Thomas of the 54th, Adelman of the 42nd and others: A RESOLUTION Proposing an amendment to the Constitution 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 authorize the General Assembly to adjust the amount of such charge and to provide for the collection of such charge; to provide that such funds shall not be subject to lapse; to provide for related matters; 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 of the Constitution is amended by adding a new subparagraph to Paragraph VI to read as follows: "(o) As used in this subparagraph, the term 'passenger vehicle' means every motor vehicle designed to carry ten or fewer passengers and that is used for the transportation of persons and shall include pickup trucks, motorcycles, sport utility vehicles, and passenger vans. There shall be imposed a trauma charge of $10.00 per year on each passenger vehicle licensed and registered in this state. Such trauma charge shall be collected in the same manner and at the same time as other license fees required by law are collected and prior to the issuance of a license plate or revalidation decal for such passenger vehicle. This provision 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 sole purpose of funding the Georgia Trauma Trust Fund. Funds of the Georgia Trauma Trust Fund shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c). The General Assembly is authorized to make adjustments in the amount of such trauma charge as needed and to provide for procedures for the collection of such charge by general law." 1868 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 impose a charge ( ) NO 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?" 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 Smith of the 52nd, Goggans of the 7th, Rogers of the 21st, Johnson of the 1st and Wiles of the 37th offered the following amendment #1: Amend SR 277 by striking lines 22 through 24 beginning with the phrase, "The General Assembly is authorized..." and by inserting on line 29 after the word "charge" the following phrase: "of $10.00 per year" On the adoption of the amendment, there were no objections, and the Smith 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Hawkins N Heath Y Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones N Rogers N Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas TUESDAY, MARCH 10, 2009 1869 Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Moody Y Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber N Wiles N Williams On the adoption of the resolution, the yeas were 48, nays 8. SR 277, having received the requisite two-thirds constitutional majority, was adopted as amended. Senator Staton of the 18th was excused for business outside the Senate Chamber. SR 453. By Senator Johnson of the 1st: A RESOLUTION creating the Georgia Tax Reform Commission of 2009; providing for access by the commission and its staff to certain otherwise confidential Department of Revenue information; and for other purposes. The Senate Finance Committee offered the following substitute to SR 453: A RESOLUTION Creating the Georgia Tax Reform Commission of 2009; providing for access by the commission and its staff to certain otherwise confidential Department of Revenue information; and for other purposes. WHEREAS, the population and economy of the State of Georgia has undergone dynamic growth during the last several decades, and current projections show continued growth throughout the 21st Century; and WHEREAS, changes in Georgia's economy have created the potential for a more diverse revenue mix for the state and local governments; and WHEREAS, the reliance on traditional tax revenue sources, when coupled with the rapid increase in the demand for governmental services, has yielded a strained revenue structure unable to respond to current and future fiscal needs in a balanced, equitable fashion and has increasingly troubled and financially burdened the individual taxpayers of the state; and WHEREAS, the various inequities and imperfections cannot be ignored, as the tax burden on the citizens of our state rises; and 1870 JOURNAL OF THE SENATE WHEREAS, the revenue structure of Georgia, like that of other states, has received only sporadic, piecemeal revision over the years, and these changes too frequently have been made in an isolated context without due regard for the overall tax system and the principle of neutrality; and WHEREAS, the last comprehensive review of the revenue structure of Georgia was made by the Joint Study Commission on Revenue Structure created pursuant to Ga. L. 1993, p. 1965; and WHEREAS, the ideal tax structure necessarily varies from state to state depending on the employment mix, the economic base, and the developmental patterns in the particular state, and each of these variables has changed significantly in Georgia in the absence of a current comprehensive and exhaustive review and study of the consequences and fairness of the resulting system; and WHEREAS, the goal of designing a balanced tax system with the fewest inequities will enable decisions of individuals and businesses with respect to location, investment, and spending to proceed unclouded by or be minimally influenced by tax consequences. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. There is created the Georgia Tax Reform Commission of 2009. The commission shall be composed of 18 members as follows: (a) Six members to be appointed by the Speaker of the House of Representatives at least one of whom shall be a taxpaying member of the public who shall represent the interest of citizen taxpayers of Georgia; (b) Six members to be appointed by the President of the Senate at least one of whom shall be a taxpaying member of the public who shall represent the interest of citizen taxpayers of Georgia; and (c) Six members to be appointed by the Governor at least one of whom shall be a taxpaying member of the public who shall represent the interest of citizen taxpayers of Georgia. SECTION 2. The commission shall conduct a comprehensive and exhaustive study of the tax laws and tax policy of this state with a view toward modernizing and revitalizing the revenue structure so as to create an equitable and flexible tax system which properly balances the taxes based on fixed wealth, current expenditures, and current flow of income. SECTION 3. The Governor shall appoint a member of the commission to serve as the chairperson of the commission. The commission shall meet upon the call of the chairperson. TUESDAY, MARCH 10, 2009 1871 SECTION 4. The commission may request and, upon such request, shall be afforded the assistance and cooperation of the Department of Revenue, the Department of Law, the Carl Vinson Institute of Government, and each other agency or institution of the state. SECTION 5. The commission is encouraged to seek the active cooperation and assistance in its work of the Georgia Municipal Association, the Association County Commissioners of Georgia, the Business Council of Georgia, the Georgia Farm Bureau Federation, the Georgia League of Women Voters, Common Cause, the Georgia Forestry Commission, the Georgia Society of Certified Public Accountants, the Georgia School Boards Association, the Tax Section of the State Bar of Georgia, and other interested organizations and individuals, and the commission is expressly encouraged to take advantage of the expertise and experience in matters affecting taxation and tax policy which is available through institutions of higher learning in this state. SECTION 6. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 457-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the commission for more than ten days unless additional days are authorized. SECTION 7. (a) Employees or agents of the commission may inspect, duplicate, take information from, and disseminate confidential materials, confidential documents, and other confidential information within the custody of the Department of Revenue or the state revenue commissioner but may do so only when acting in accordance with the following limitations: 1872 JOURNAL OF THE SENATE (1) No employee or agent of the commission may have such access to confidential materials, confidential documents, or other confidential information unless he or she is acting within the reasonable limitations guaranteeing against unauthorized disclosure of such materials, documents, and information as are agreed to in writing by the state revenue commissioner and the chairperson of the commission; (2) No employee or agent of the commission may have such access unless his or her name is certified in writing to the state revenue commissioner by the chairperson of the commission; and (3) No confidential information or confidential document obtained by, or coming into the possession of, an employee or agent of the commission as provided in this section may be disseminated to any other person except an employee or agent of the commission whose name has been certified to the state revenue commissioner as provided in paragraph (2) of this subsection or to an authorized employee of the Department of Revenue, except that the employee and the commission may publish statistical information taken from such materials, documents, and other information when the publication does not reveal the name or identity of any particular taxpayers. Any unauthorized disclosure of such confidential materials, confidential documents, and other confidential information except as provided in this paragraph shall subject the offending employee or agent to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the Department of Revenue. (b) The provisions of this section, to the extent of any conflict, shall supersede the provisions of any other law to the contrary. SECTION 8. The commission shall make a comprehensive report of its findings, recommendations, and suggestions of proposed legislation to the 2011 session of the General Assembly. The commission shall be abolished on January 1, 2011. SECTION 9. This resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Appointments to the commission shall be made as provided in this resolution as soon as practicable after its approval or otherwise becoming a law. Senators Johnson of the 1st, Chance of the 16th and Rogers of the 21st offered the following amendment #1 to the committee substitute: Amend the Senate Finance Committee substitute to SR 453 (LC 18 8242S) by striking lines 1, 2, and 3 and inserting in their place "Creating the Georgia Tax Reform Commission of 2009; and for other purposes." By striking "the Business Council of Georgia" on lines 58 and 59 and inserting in its TUESDAY, MARCH 10, 2009 1873 place "Americans for Prosperity, Americans for Fair Taxation, Americans for Tax Reform, Citizens Against Government Waste, National Federation of Independent Business, Georgia Chamber of Commerce, Georgia Public Policy Foundation" By striking lines 85 through 111. By redesignating Sections 8 and 9 as Sections 7 and 8, respectively. Senators Shafer of the 48th, Pearson of the 51st, Chance of the 16th and Rogers of the 21st offered the following amendment #1a to amendment #1 to the committee substitute: Amend amendment #1 to the committee substitute to SR 453 by adding on line 7, after "Georgia Public Policy Foundation" the following: ", Freedom Works, Georgia Association of Realtors, Homebuilders Association of Georgia, Georgia Agribusiness Council, Georgia Farm Bureau, Traditional Manufacturers Association of Georgia" On the adoption of the amendment, there were no objections, and the Shafer et al. amendment #1a to amendment #1 to the committee substitute was adopted. Senator Henson of the 41st offered the following amendment #1b to amendment #1 to the committee substitute: Amend amendment #1 to the committee substitute to SR 453 by adding on line 7 after the words "Policy Foundation" the words, Georgia Budget and Policy Institute, Georgia State University Fiscal Research Center On the adoption of the amendment, there were no objections, and the Henson amendment #1b to amendment #1 to the committee substitute was adopted. On the adoption of the amendment, there were no objections, and the Johnson et al. 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 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 N Brown Y Hawkins Y Heath Y Henson Y Rogers Y Seabaugh N Seay 1874 JOURNAL OF THE SENATE Y Buckner Y Bulloch N Butler Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Shafer Y Sims Y Smith E Staton Y Stoner Y Tarver N Tate Y Thomas 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 44, nays 8. SR 453, having received the requisite constitutional majority, was adopted by substitute. The following communication was received by the Secretary: Senator Jim Butterworth District 50 325-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Retirement Veterans, Military and Homeland Security State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 3/10/09 Please let the record show that I voted in favor of SR 453. /s/ Jim Butterworth Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 565 until 10:00 a.m. Thursday, March 12, 2009; the motion prevailed, and at 7:10 p.m. the President announced the Senate adjourned. THURSDAY, MARCH 12, 2009 1875 Senate Chamber, Atlanta, Georgia Thursday, March 12, 2009 Thirtieth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Tommie Williams, President Pro Tempore. 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 message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 57. By Representatives Powell of the 29th and Rice of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 93. By Representatives Sims of the 119th, Harbin of the 118th and Anderson of the 117th: A BILL to be entitled an Act to amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to provide authorization for the authority to take partial and 1876 JOURNAL OF THE SENATE HB 115. HB 123. HB 168. HB 191. joint ownership interests in real property, to create nonprofit subsidiaries, to create investment or revolving loan funds using bond money as seed funds, and to invest in equity investments managed by third-party managers; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Jerguson of the 22nd, Ramsey of the 72nd, Williams of the 4th, Powell of the 29th, Maddox of the 127th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, so as to require the provision of certain identifying information to the commissioner to enable a determination to be made as to whether a person or a person's family holds more than two retail dealer licenses; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Ramsey of the 72nd, Bearden of the 68th, Williams of the 178th, Levitas of the 82nd, Peake of the 137th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Cox of the 102nd, Martin of the 47th, Reese of the 98th, Parsons of the 42nd and May of the 111th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to modernize telecommunications competition by eliminating artificial and outdated subsidy mechanisms in the form of contributions to the Universal Access Fund; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Benton of the 31st, Meadows of the 5th and Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-2-353 of the Official Code of Georgia Annotated, relating to the calculation of a service retirement allowance for members subject to the provisions of the "Georgia THURSDAY, MARCH 12, 2009 1877 State Employees' Pension and Savings Plan," so as to provide that computation of a retirement benefit for certain members shall not include a compensation increase in the last 12 months of employment which exceeds 10 percent; to repeal conflicting laws; and for other purposes. HB 228. HB 245. HB 254. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 49th and Oliver of the 83rd: A BILL to be entitled an Act to amend Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to delinquent and unruly children, so as to change provisions relating to disposition of delinquent children; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to provide for related matters; to repeal conflicting laws; and for other purposes. 1878 JOURNAL OF THE SENATE HB 258. HB 262. HB 303. HB 305. HB 310. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Hill of the 21st and McCall of the 30th: A BILL to be entitled an Act to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to prohibit enforcement of covenants which prohibit certain xeriscape practices; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 26th, Willard of the 49th, Collins of the 27th, Oliver of the 83rd and Ralston of the 7th: A BILL to be entitled an Act to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to authorize solicitors-general and assistant solicitors-general to have access to such reports for official purposes; to repeal conflicting laws; and for other purposes. 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. By Representatives Gardner of the 57th, Burkhalter of the 50th, Smith of the 70th, Benfield of the 85th, Dobbs of the 53rd and others: A BILL to be entitled an Act to amend Code Section 12-8-36 of the Official Code of Georgia Annotated, relating to state agency recycling and collection programs, so as to expand the state-wide recycling program for state agencies; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 12, 2009 1879 HB 315. HB 324. HB 327. HB 379. HB 381. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to superior or state court, so as to require the payment of costs of the tribunal appealed from before hearing of an appeal in state court, in the same manner as currently required in superior court; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Azalea International Folk Fair and Dance Competition as Georgia's Official International Festival; 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 Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation and exemption regarding income taxes, so as to define certain terms; to disallow expenses paid to certain real estate investment trusts; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representatives England of the 108th, Roberts of the 154th, Levitas of the 82nd, McCall of the 30th, Maddox of the 127th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and 1880 JOURNAL OF THE SENATE HB 412. HB 438. HB 441. HB 459. misbranding of food, so as to change certain provisions relating to enforcement of the Georgia Food Act by the Commissioner of Agriculture and employment of personnel; to provide for inspections by representatives of county boards of health acting as agents of the Commissioner of Agriculture in certain circumstances; to provide for reports and referrals; to provide an effective date; to repeal conflicting laws; and for other purposes. 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 provide that the Commissioner of Insurance shall be authorized to allow certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health insurance policies; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for frivolous or excessive sales and use tax refund claims; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Fludd of the 66th, Bruce of the 64th, Willard of the 49th, Wilkinson of the 52nd, Jones of the 44th and others: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the THURSDAY, MARCH 12, 2009 1881 HB 473. HB 483. HB 484. Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to revise extensively such Act and amendatory Acts; to provide for definitions; to provide for employee participation; to provide for employer contributions; to provide for normal retirement benefits; to provide for early retirement benefits; to proved for disability benefits; to provide for deferred vested benefit; to provide for a death benefit; to provide for payment of accrued benefit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Harbin of the 118th, Keen of the 179th, Stephens of the 164th, Ehrhart of the 36th, Kaiser of the 59th and others: A BILL to be entitled an Act 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 grants for clean energy property for a limited period of time from federal funds available for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Roberts of the 154th, Williams of the 178th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the modernization and revision of certain provisions regarding ad valorem taxes; to change certain affidavit requirements regarding the income of taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to change certain provisions regarding notification of changes made to a taxpayer's return; to provide for additional tax return filing requirements for public utilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative O`Neal of the 146th: 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 dependent children of military personnel stationed in Georgia on active duty shall be deemed to meet the residency requirements for purposes of HOPE scholarships and grants; to 1882 JOURNAL OF THE SENATE HB 485. HB 550. HB 552. HB 555. HB 657. 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 Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes. By Representatives Barnard of the 166th, Stephens of the 164th, Lane of the 167th, Bryant of the 160th, Williams of the 178th and others: A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to standards for wells and boreholes; to change certain provisions relating to bonds and letters of credit for water well contractors or drillers; to repeal conflicting laws; and for other purposes. By Representatives Casas of the 103rd, Jones of the 46th and Coleman of the 97th: A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to revise certain provisions relating to the use of surplus property of a local board of education by a local charter school; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, THURSDAY, MARCH 12, 2009 1883 HB 658. HB 660. HB 666. HB 670. p. 430), as amended, so as to change the powers, duties, and authority of the board; to change the powers, duties, and authority of the county administrator; to repeal conflicting laws; and for other purposes. By Representatives James of the 135th and Harden of the 147th: A BILL to be entitled an Act to create a board of elections and registration for Dooly 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 an election supervisor and the powers and duties thereof; to provide for certain expenditures of public funds; to provide for submission 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 Parrish of the 156th: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an ad valorem tax for the purpose of realizing tax revenue to provide payment for Candler County Hospital Authority's services and facilities; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st: A BILL to be entitled an Act to amend an Act creating the EatontonPutnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), so as to change certain provisions relating to the composition of the authority; to repeal conflicting laws; and for other purposes. By Representative Allison of the 8th: A BILL to be entitled an Act to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, approved April 17, 1992 (Ga. L. 1992, p. 6403), so as to provide for membership for such authority; to provide for 1884 JOURNAL OF THE SENATE HB 672. HB 682. HB 686. certain residential requirements to qualify for such membership; to provide for terms; to provide for a procedure for selecting a chairman and vice chairman for such authority; to provide that a unanimous vote is required to approve certain issues; to provide for certain preconditions in order to authorize certain projects; to provide for ownership of certain projects; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd: A BILL to be entitled an Act to amend an Act to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof, approved March 28, 1990 (Ga. L. 1990, p. 4663), so as to provide that the authorization to elect continued group health insurance coverage of those members, officers, and the spouses and eligible dependents of those individuals employed or elected on or after the effective date of this Act shall no longer be available to such individuals once they are no longer serving as members or officers; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Sellier of the 136th: A BILL to be entitled an Act to amend an Act providing a charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to provide for city administrator; to provide for the selection of such administrator; to provide for terms for such administrator; to provide for qualifications to serve as city administrator; to provide for duties; to provide for the authority to assess, levy, and collect ad valorem taxes on all real and personal property within the City of Byron; to provide for a method for establishing such taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Rynders of the 152nd and Harden of the 147th: A BILL to be entitled an Act to create a board of elections and registration for Worth 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 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. THURSDAY, MARCH 12, 2009 1885 HB 687. HB 688. HB 689. HB 701. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others: A BILL to be entitled an Act to amend an Act providing for the Henry County Board of Elections and Registration, approved May 3, 2006 (Ga. L. 2006, p. 4062), so as to provide for terms for the membership of such board; to provide for the location of such board; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Davis of the 109th, Yates of the 73rd, Baker of the 78th, Lunsford of the 110th, Mayo of the 91st and others: A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Henry County," approved March 10, 1988 (Ga. L. 1988, p. 3849), as amended, so as to provide for the election and qualification of the chief magistrate of Henry County; to provide for the appointment and qualification of magistrates other than the chief magistrate; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others: A BILL to be entitled an Act to amend an Act creating the State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, so as to provide that the solicitor-general of such court and his or her investigators shall have arrest powers and law enforcement authority; to provide for conditions; to repeal conflicting laws; and for other purposes. By Representative Cheokas of the 134th: A BILL to be entitled an Act to establish a method of appointment for members of the board of the Americus and Sumter County Hospital Authority as authorized pursuant to subsection (d) of Code Section 31-7-72 of the O.C.G.A.; to provide for legislative intent; to provide for direct appointment of members to such authority by the governing bodies of Sumter County and the City of Americus; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: 1886 JOURNAL OF THE SENATE SB 261. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from City of St. Mary's 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. SB 262. By Senator Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 43-11-46.1 of the Official Code of Georgia Annotated, relating to continuing education requirement and waiver, so as to provide waiver of certain continuing education hours; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SR 579. By Senators Tolleson of the 20th, Golden of the 8th, Bulloch of the 11th and Hooks of the 14th: A RESOLUTION creating the Senate Biomass/Bioenergy 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 57. By Representatives Powell of the 29th and Rice of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier THURSDAY, MARCH 12, 2009 1887 Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 93. By Representatives Sims of the 119th, Harbin of the 118th and Anderson of the 117th: A BILL to be entitled an Act to amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to provide authorization for the authority to take partial and joint ownership interests in real property, to create nonprofit subsidiaries, to create investment or revolving loan funds using bond money as seed funds, and to invest in equity investments managed by third-party managers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 115. By Representatives Jerguson of the 22nd, Ramsey of the 72nd, Williams of the 4th, Powell of the 29th, Maddox of the 127th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, so as to require the provision of certain identifying information to the commissioner to enable a determination to be made as to whether a person or a person's family holds more than two retail dealer licenses; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 123. By Representatives Ramsey of the 72nd, Bearden of the 68th, Williams of the 178th, Levitas of the 82nd, Peake of the 137th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 1888 JOURNAL OF THE SENATE HB 168. By Representatives Cox of the 102nd, Martin of the 47th, Reese of the 98th, Parsons of the 42nd and May of the 111th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to modernize telecommunications competition by eliminating artificial and outdated subsidy mechanisms in the form of contributions to the Universal Access Fund; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 191. By Representatives Benton of the 31st, Meadows of the 5th and Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-2-353 of the Official Code of Georgia Annotated, relating to the calculation of a service retirement allowance for members subject to the provisions of the "Georgia State Employees' Pension and Savings Plan," so as to provide that computation of a retirement benefit for certain members shall not include a compensation increase in the last 12 months of employment which exceeds 10 percent; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. THURSDAY, MARCH 12, 2009 1889 HB 245. By Representatives Willard of the 49th and Oliver of the 83rd: A BILL to be entitled an Act to amend Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to delinquent and unruly children, so as to change provisions relating to disposition of delinquent children; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 258. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; 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 262. By Representatives Hill of the 21st and McCall of the 30th: A BILL to be entitled an Act to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to prohibit enforcement of covenants which prohibit certain xeriscape practices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. 1890 JOURNAL OF THE SENATE HB 303. By Representatives Rogers of the 26th, Willard of the 49th, Collins of the 27th, Oliver of the 83rd and Ralston of the 7th: A BILL to be entitled an Act to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to authorize solicitorsgeneral and assistant solicitors-general to have access to such reports for official purposes; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 305. 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. HB 310. By Representatives Gardner of the 57th, Burkhalter of the 50th, Smith of the 70th, Benfield of the 85th, Dobbs of the 53rd and others: A BILL to be entitled an Act to amend Code Section 12-8-36 of the Official Code of Georgia Annotated, relating to state agency recycling and collection programs, so as to expand the state-wide recycling program for state agencies; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 315. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. THURSDAY, MARCH 12, 2009 1891 HB 324. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to superior or state court, so as to require the payment of costs of the tribunal appealed from before hearing of an appeal in state court, in the same manner as currently required in superior court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 327. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Azalea International Folk Fair and Dance Competition as Georgia's Official International Festival; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. HB 379. By Representative O`Neal of the 146th: 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 exemption regarding income taxes, so as to define certain terms; to disallow expenses paid to certain real estate investment trusts; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 381. By Representatives England of the 108th, Roberts of the 154th, Levitas of the 82nd, McCall of the 30th, Maddox of the 127th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to enforcement of the Georgia Food Act by the Commissioner of Agriculture and employment of personnel; to provide for inspections by representatives of county boards of health acting as agents of the Commissioner of Agriculture in certain 1892 JOURNAL OF THE SENATE circumstances; to provide for reports and referrals; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 412. 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 provide that the Commissioner of Insurance shall be authorized to allow certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health insurance policies; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 438. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 441. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for frivolous or excessive sales and use tax refund claims; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 459. By Representatives Fludd of the 66th, Bruce of the 64th, Willard of the 49th, Wilkinson of the 52nd, Jones of the 44th and others: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board THURSDAY, MARCH 12, 2009 1893 of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to revise extensively such Act and amendatory Acts; to provide for definitions; to provide for employee participation; to provide for employer contributions; to provide for normal retirement benefits; to provide for early retirement benefits; to proved for disability benefits; to provide for deferred vested benefit; to provide for a death benefit; to provide for payment of accrued benefit; 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 473. By Representatives Harbin of the 118th, Keen of the 179th, Stephens of the 164th, Ehrhart of the 36th, Kaiser of the 59th and others: A BILL to be entitled an Act 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 grants for clean energy property for a limited period of time from federal funds available for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 483. By Representatives Roberts of the 154th, Williams of the 178th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the modernization and revision of certain provisions regarding ad valorem taxes; to change certain affidavit requirements regarding the income of taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to change certain provisions regarding notification of changes made to a taxpayer's return; to provide for additional tax return filing requirements for public utilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 1894 JOURNAL OF THE SENATE HB 484. By Representative O`Neal of the 146th: 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 dependent children of military personnel stationed in Georgia on active duty shall be deemed to meet the residency requirements for purposes of HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 485. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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 550. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 552. By Representatives Barnard of the 166th, Stephens of the 164th, Lane of the 167th, Bryant of the 160th, Williams of the 178th and others: A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to standards for wells and boreholes; to change certain provisions relating to bonds and letters of credit for water well contractors or drillers; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. THURSDAY, MARCH 12, 2009 1895 HB 555. By Representatives Casas of the 103rd, Jones of the 46th and Coleman of the 97th: A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to revise certain provisions relating to the use of surplus property of a local board of education by a local charter school; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 657. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the powers, duties, and authority of the board; to change the powers, duties, and authority of the county administrator; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 658. By Representatives James of the 135th and Harden of the 147th: A BILL to be entitled an Act to create a board of elections and registration for Dooly 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 an election supervisor and the powers and duties thereof; to provide for certain expenditures of public funds; to provide for submission 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 660. By Representative Parrish of the 156th: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an ad valorem tax for the purpose of realizing tax revenue to provide payment for Candler County Hospital Authority's services 1896 JOURNAL OF THE SENATE and facilities; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 666. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st: A BILL to be entitled an Act to amend an Act creating the Eatonton-Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), so as to change certain provisions relating to the composition of the authority; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 670. By Representative Allison of the 8th: A BILL to be entitled an Act to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, approved April 17, 1992 (Ga. L. 1992, p. 6403), so as to provide for membership for such authority; to provide for certain residential requirements to qualify for such membership; to provide for terms; to provide for a procedure for selecting a chairman and vice chairman for such authority; to provide that a unanimous vote is required to approve certain issues; to provide for certain preconditions in order to authorize certain projects; to provide for ownership of certain projects; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 672. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd: A BILL to be entitled an Act to amend an Act to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof, approved March 28, 1990 (Ga. L. 1990, p. 4663), so as to provide that the authorization to elect continued group health insurance coverage of those members, officers, and the spouses and eligible dependents of those individuals employed or elected on or after the effective date of this Act shall no longer be available to such individuals once they are no longer serving as members or officers; to provide for an effective THURSDAY, MARCH 12, 2009 1897 date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 682. By Representative Sellier of the 136th: A BILL to be entitled an Act to amend an Act providing a charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to provide for city administrator; to provide for the selection of such administrator; to provide for terms for such administrator; to provide for qualifications to serve as city administrator; to provide for duties; to provide for the authority to assess, levy, and collect ad valorem taxes on all real and personal property within the City of Byron; to provide for a method for establishing such taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 686. By Representatives Rynders of the 152nd and Harden of the 147th: A BILL to be entitled an Act to create a board of elections and registration for Worth 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 related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 687. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others: A BILL to be entitled an Act to amend an Act providing for the Henry County Board of Elections and Registration, approved May 3, 2006 (Ga. L. 2006, p. 4062), so as to provide for terms for the membership of such board; to provide for the location of such board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1898 JOURNAL OF THE SENATE HB 688. By Representatives Davis of the 109th, Yates of the 73rd, Baker of the 78th, Lunsford of the 110th, Mayo of the 91st and others: A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Henry County," approved March 10, 1988 (Ga. L. 1988, p. 3849), as amended, so as to provide for the election and qualification of the chief magistrate of Henry County; to provide for the appointment and qualification of magistrates other than the chief magistrate; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 689. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others: A BILL to be entitled an Act to amend an Act creating the State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, so as to provide that the solicitor-general of such court and his or her investigators shall have arrest powers and law enforcement authority; to provide for conditions; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 701. By Representative Cheokas of the 134th: A BILL to be entitled an Act to establish a method of appointment for members of the board of the Americus and Sumter County Hospital Authority as authorized pursuant to subsection (d) of Code Section 31-7-72 of the O.C.G.A.; to provide for legislative intent; to provide for direct appointment of members to such authority by the governing bodies of Sumter County and the City of Americus; 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. 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 277 Do Pass by substitute HR 206 Do Pass by substitute THURSDAY, MARCH 12, 2009 1899 Respectfully submitted, Senator Chance of the 16th 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 630 Do Pass HB 678 Do Pass by substitute Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Thompson of the 33rd Weber of the 40th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Fort Goggans Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Reed Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Unterman Wiles Not answering were Senators: Golden (Excused) Thompson, S. (Excused) Ramsey Weber (Excused) Rogers Williams (Presiding) 1900 JOURNAL OF THE SENATE The President assumed the Chair. The members pledged allegiance to the flag. Senator Reed of the 35th introduced the chaplain of the day, Reverend Craig Oliver of Atlanta, Georgia, who offered scripture reading and prayer. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 633. By Representatives Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L.1999, p. 4836), as amended, so as to increase the exemption amount from $30,000.00 to $40,000.00 over a two-year phase-in period; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 685. By Representatives Epps of the 128th and James of the 135th: A BILL to be entitled an Act to create the Manchester Public Utilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings and contract payments of the authority for the payment of such revenue bonds; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 690. By Representative Nix of the 69th: A BILL to be entitled an Act to amend an Act to incorporate the Town of Roopville in the County of Carroll, approved October 7, 1885 (Ga. L. 18845, p. 391), as amended, so as to repeal certain provisions relating to the sale of liquors within the corporate limits of said town; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 12, 2009 1901 HB 695. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to amend an Act to create the Catoosa County Public Works Authority, approved April 10, 1998 (Ga. L. 1998, p. 4302), as amended, particularly by an Act approved May 1, 2000 (Ga. L. 2000, p. 4585), so as to change the composition of the authority; to change the manner of compensating such authority; to provide for terms of office, filling of vacancies, and removal from office; to provide that meetings of the authority shall be called by the Board of Commissioners of Catoosa County; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 696. HB 705. By Representative Hill of the 180th: A BILL to be entitled an Act to amend an Act creating the St. Marys Convention and Visitors Bureau Authority, approved June 3, 2003 (Ga. L. 2003, 4464), so as to provide for two additional members to the authority; to provide for the removal of such members; to provide for the method of selection for such members; to provide for terms for the members of the authority; to provide for staggered terms for initial members; to provide for an increase of the members required for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Fludd of the 66th, Heckstall of the 62nd and Long of the 61st: A BILL to be entitled an Act to authorize the governing authority of the City of College Park to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Stoner of the 6th introduced the doctor of the day, Dr. Doug Lundy. 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: 1902 JOURNAL OF THE SENATE HB 193. HB 495. HB 581. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Lane of the 167th, Maxwell of the 17th and Weldon of the 3rd: A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relations between principal and agent, so as to update language regarding conservators and guardians; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Coan of the 101st, May of the 111th, Horne of the 71st, Marin of the 96th, Reese of the 98th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 12, 2009 1903 The following resolutions were read and adopted: SR 572. By Senators Pearson of the 51st, Mullis of the 53rd, Hawkins of the 49th, Thomas of the 54th, Murphy of the 27th and others: A RESOLUTION recognizing and commending Mr. Kevin Harris, the 9th District Republican Party Chairman; and for other purposes. SR 573. By Senators Hill of the 4th and Johnson of the 1st: A RESOLUTION celebrating the 275th anniversary of the arrival of the first Salzburgers in Georgia, commending the Georgia Salzburger Society; and for other purposes. SR 574. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Lawrence Hutchins, Jr.; and for other purposes. SR 575. By Senators Tate of the 38th, Orrock of the 36th, Reed of the 35th, Fort of the 39th, Brown of the 26th and others: A RESOLUTION recognizing and commending Honorable Shirley Franklin, Mayor of the City of Atlanta; and for other purposes. SR 576. By Senator Johnson of the 1st: A RESOLUTION recognizing and commending the Landings Military Family Relief Fund and the Landings community; and for other purposes. SR 577. By Senators Orrock of the 36th, Buckner of the 44th, Butler of the 55th, Jones of the 10th, Unterman of the 45th and others: A RESOLUTION recognizing and commending Professor Natasha Trethewey of Emory University; and for other purposes. SR 578. By Senator Brown of the 26th: A RESOLUTION recognizing and commending Greater Antioch Missionary Baptist Church on the occasion of its 140th anniversary; and for other purposes. 1904 JOURNAL OF THE SENATE SR 580. By Senators Shafer of the 48th, Hawkins of the 49th, Mullis of the 53rd, Thomas of the 54th, Orrock of the 36th and others: A RESOLUTION recognizing March 12, 2009, as World Kidney Day at the state capitol; and for other purposes. SR 581. By Senators Pearson of the 51st, Weber of the 40th, Rogers of the 21st and Mullis of the 53rd: A RESOLUTION commending Georgia Virtual Academy and recognizing Tuesday, March 17, 2009, as Georgia Families for Virtual Academy Day at the state capitol; and for other purposes. SR 582. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Stephen Aaron; and for other purposes. SR 583. By Senator Douglas of the 17th: A RESOLUTION honoring the life and memory of Honorable Jack Hays Morgan, Sr.; and for other purposes. SR 584. By Senator Balfour of the 9th: A RESOLUTION commending the Brookwood High School Broncos swim and dive team; and for other purposes. Senator Ramsey of the 43rd 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 12, 2009 Thirtieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 630 Jackson of the 24th CITY OF HARLEM A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Harlem, approved May 12, 2008 (Ga. L. 2008, THURSDAY, MARCH 12, 2009 1905 p. 3654), so as to provide for a quorum; to provide that the mayor may be counted in the determination of a quorum; to provide for the vote of the mayor on matters before the city council; to provide for a veto by the mayor; to provide procedures for a veto and for overriding such veto; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 678 Hooks of the 14th TALBOT COUNTY A BILL to be entitled an Act to create a board of elections and registration for Talbot 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 a registrar and the powers and duties thereof; to provide for certain expenditures of public funds; 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. (Substitute) The substitute to the following bill was put upon its adoption: *HB 678: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 678: A BILL TO BE ENTITLED AN ACT To create a board of elections and registration for Talbot 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 a registrar and the powers and duties thereof; 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 board's performance of certain functions and duties for 1906 JOURNAL OF THE SENATE certain municipalities; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Talbot County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Talbot County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," currently being exercised by the judge of the Probate Court of Talbot County and the powers, duties, and responsibilities of the board of registrars of Talbot County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; and the term "commission" means the Talbot County Board of Commissioners, and "county" means Talbot County. SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. (b) The members of the board shall be appointed by the governing authority of Talbot County. One member shall be selected by the governing authority of Talbot County to serve as chairperson of the board who shall serve as such during his or her term of office. (c) All appointments to the board shall be promptly certified by the governing authority of Talbot County to the Clerk of the Superior Court of Talbot County. (d) In making the initial appointments to the board, the members shall be appointed by the governing authority of Talbot County not later than January 1, 2010. The governing authority shall designate two of the initial appointees to serve a term beginning on January 1, 2010, and ending on December 31, 2011, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2012, and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on January 1, 2010, and ending on December 31, 2013, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2014, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. (e) The initial fifth member shall be the superintendent of elections in office immediately THURSDAY, MARCH 12, 2009 1907 prior to the effective date of this Act. Such member shall serve for a term of office expiring on December 31, 2013, and until such member's successor is appointed and qualified. Subsequently, the fifth member shall be selected by the four members of the board appointed by the governing authority of Talbot County and shall serve as chairperson. In the event that the four members appointed by the political parties cannot agree on a fifth member within 30 days after taking office, such members shall submit to the chief judge of the Superior Court of Talbot County a list of not more than four names of persons eligible for such position and the chief judge shall select the fifth member from such list based upon the information and qualifications of each candidate submitted by the four members appointed by the governing authority of Talbot County. Successors shall be appointed in the same manner for a term of office of four years and until a successor is duly appointed and qualified. The fifth member shall be the election superintendent. (f) All appointments to the board shall be promptly certified to the clerk of the Superior Court of Talbot County. SECTION 4. The registrar shall be appointed by the superintendent of elections, with the approval of the board of elections, and shall report directly to that office. The registrar, with regard to the registration of electors, shall succeed to and exercise all of the powers, duties, and responsibilities granted to and incumbent upon a registrar pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended, or any other provision of law. The registrar shall have the authority to hire such additional clerical assistants as necessary to efficiently carry out the duties and functions of the registrar's office, subject to the approval of the board of elections. SECTION 5. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Talbot County and must have been registered voters in Talbot County for a period of at least one year prior to the date of their appointment to the board. (c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Talbot County nor shall any member of the board be an agent, an appointed official, or employee of, or work directly for, any agency of state government, Talbot County, or any municipality for which the board conducts municipal elections. SECTION 6. The appointing authorities shall certify the appointment of each member by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon 1908 JOURNAL OF THE SENATE which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. SECTION 7. Each member of the board shall be eligible to serve consecutive terms of office, shall have the right to resign at any time by giving written notice of such resignation to the appointing authority and to the clerk of the superior court, and shall be subject to removal from the board by the appointing authority at any time, for cause, after notice and hearing. SECTION 8. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the original appointing authority shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members. SECTION 9. Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. SECTION 10. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections and such workers shall be appointed, insofar as is practicable, from lists provided to the board by the county executive committee of each political party. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review. THURSDAY, MARCH 12, 2009 1909 SECTION 11. The board shall have the authority to contract with any municipality located within Talbot County for the holding by the board of any primary or election to be conducted within such municipality. SECTION 12. Compensation for the members of the board, election superintendent, registrar, clerical assistants, and other employees shall be fixed by the governing authority of Talbot County. Such compensation shall be paid wholly from county funds. All such persons shall be part-time employees of Talbot County. SECTION 13. The commission shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the commission deems appropriate. SECTION 14. The commission shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of 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 15. This Act shall become effective on its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on January 1, 2010. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 1, 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 Hawkins Y Heath Y Henson Y Rogers Y Seabaugh Y Seay 1910 JOURNAL OF THE SENATE Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman N Cowsert Y Crosby Y Douglas Y Fort Y Goggans E Golden Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the local bills, the yeas were 49, nays 1. The bills on the Local Consent Calendar, except HB 678, having received the requisite constitutional majority, were passed. HB 678, having received the requisite constitutional majority, was passed by substitute. The following legislation, favorably reported by the committees, as listed on the Senate Consent Calendar for Commemorative Resolutions, was put upon its adoption. SENATE CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS THURSDAY, MARCH 12, 2009 THIRTIETH LEGISLATIVE DAY SR 176 James H. Chandler, Jr. Memorial Intersection; dedicate (Substitute) (TRANS-53rd) SR 274 Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall (RULES-54th) SR 431 Georgia Civil War Heritage Trails; designate (Substitute)(TRANS-53rd) The substitute to the following resolution was put upon its adoption: THURSDAY, MARCH 12, 2009 1911 *SR 176: The Senate Transportation Committee offered the following substitute to SR 176: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, James H. Chandler, Jr., was only 33 years old when he was fatally injured in a traffic accident while he was responding to a bank alarm on his police motorcycle; and WHEREAS, the accident occurred on September 24, 1982, at the intersection of SR 1 and Cloud Springs Road, and James died the next day from his injuries; and WHEREAS, he was a graduate of Lakeview High School and the Floyd College Regional Police Academy; and WHEREAS, at the time of his death, Mr. Chandler had worked with the Fort Oglethorpe Police Department for four years, and in 1999, the police department's training facility was named in his honor; and WHEREAS, Mr. Chandler was often described as a big guy, with a big heart, who loved his job; and WHEREAS, he left behind his beautiful wife Jeannie and three sons, Mark, Brian, and Sean; and WHEREAS, it is only fitting that the memory of James H. Chandler, Jr., be perpetuated by a lasting monument to his life well-lived. PART II WHEREAS, MSG Davy Weaver, a soldier in the Georgia Army National Guard from Barnesville, Georgia, was killed while riding in a vehicle that was struck by an improvised explosive device in Qalat, Afghanistan, on May 18, 2008; and WHEREAS, he was born on February 8, 1969, to Patsy Rabuck and Emory Weaver; and WHEREAS, as a youth, he served his community as a Cub, Boy, and Eagle Scout, and naturally, he fell in love with the military as a young man; and WHEREAS, MSG Weaver enlisted in the Georgia Army National Guard on March 25, 1987, as an infantry soldier, and he completed Basic Training and Advanced Individual 1912 JOURNAL OF THE SENATE Training at Fort Benning, Georgia; and WHEREAS, on May 11, 2005, he was ordered into active service in support of Operation Iraqi Freedom, and he was stationed in Kuwait and Iraq and spent a year supporting that mission; and WHEREAS, in May, 2007, he was sent with members of the 48th Brigade Combat Team to Afghanistan in support of Operation Enduring Freedom; and WHEREAS, MSG Weaver was awarded the Combat Infantryman's Badge in September, 2007, for his actions under enemy fire and rocket attack in Afghanistan; and WHEREAS, he loved his family dearly and loved his job and mission in Afghanistan; and WHEREAS, he is survived by his wife, Susan, his children Bradley, Malachi, and Ellanor, and his step-daughters Jennifer and Mary A. Morris; and WHEREAS, MSG Weaver will be forever remembered as a true hero and professional soldier, and it is only fitting and proper that a lasting memorial be dedicated in his honor. PART III WHEREAS, the Battle of Chickamauga, named after the Chickamauga Creek which flowed nearby, was fought September 19-20, 1863, and involved more than 150,000 soldiers of the Northern and Southern Armies; and WHEREAS, the landscape of the battle was one where neither army wanted to fight, and the thick forest limited visibility to 150 feet, less than the range of a rifle; cannon were useless, and often the fighting was hand-to-hand; and WHEREAS, during the battle, soldiers were cared for in the nearby homes and adjacent buildings, with many Union doctors remaining behind to care for the wounded after the Southern victory, and many parched and wounded soldiers of both sides drank from the town's bubbling Crawfish Spring, still active today; and WHEREAS, the corridor of the highway dedicated in this resolution follows the general route of march of the US Army of the Cumberland that fought in the Battle of Chickamauga; and WHEREAS, it is only fitting to honor the brave men who fought and died here with a lasting memorial to their sacrifice. THURSDAY, MARCH 12, 2009 1913 PART IV 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 Varner's 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, Varner's 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. PART V WHEREAS, Jimmy Middleton was born to Mr. and Mrs. Oscar P. Middleton in 1937 and he grew up in Waverly, Georgia, as the youngest of three children; and WHEREAS, he began his career in law enforcement in 1959 and served as chief deputy under Sheriff W. E. "Willie" Smith for 18 years before becoming the Sheriff of Camden County; and WHEREAS, as sheriff from 1977 to 1985, he understood that being effective in his position required a close partnership with the community, and his legacy as a 1914 JOURNAL OF THE SENATE compassionate and hands-on sheriff will be remembered by many people for many years; and WHEREAS, he served as sheriff during a time when your nearest backup might be a county away; and WHEREAS, his service to his community went beyond being sheriff, as he also served as county commissioner and on various boards; and WHEREAS, in 1957, Jimmy married Anne Rentz, and they were blessed with three children and, in turn, five grandchildren; and WHEREAS, true to his nature, Jimmy was a giving and compassionate man and his friends looked to him for leadership, guidance, and support, and he was respected and loved by countless people in the community; and WHEREAS, he will be remembered for his loyal dedication to his family and his commitment to the citizens of Camden County. PART VI WHEREAS, Ray Delaigle has long been recognized by the citizens of Burke County for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a member and chairperson of the Board of Commissioners of Burke County; 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 this state have earned him the respect and admiration of his colleagues and associates; and WHEREAS, he is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a lasting reminder of his service to the people of Burke County. THURSDAY, MARCH 12, 2009 1915 PART VII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 1 and Cloud Springs Road be dedicated as the James H. Chandler, Jr. Memorial Intersection. BE IT FURTHER RESOLVED that the portion of SR 36 from US 41 near Barnesville to Liberty Hill in Lamar County, Georgia, be dedicated as the MSG Davy Nathaniel Weaver Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 341 from its intersection with SR 193 north to its intersection with Gordon Street in Chickamauga be dedicated as the US Army of the Cumberland Highway. 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 portion of SR 25/US 17 within the limits of the Ocean Highway in Camden County, beginning at Oscar Road (CR 266 at MP 22.12) and ending at the County Line Bridge (MP 31.56) be dedicated as the Sheriff Jimmy Middleton Memorial Highway. BE IT FURTHER RESOLVED that the bridge on SR 56 over Rocky Creek in Burke County, Georgia, be dedicated as the Ray Delaigle Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of James H. Chandler, Jr., to the family of MSG Davy Nathaniel Weaver, to the City of Chickamauga, to the family of Mason Varner, to the family of Sheriff Jimmy Middleton, and to Ray Delaigle. On the adoption of the substitute, the yeas were 50, nays 0, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 431: The Senate Transportation Committee offered the following substitute to SR 431: 1916 JOURNAL OF THE SENATE A RESOLUTION Designating the Georgia Civil War Heritage Trails; and for other purposes. WHEREAS, the State of Georgia contains countless sites relating to the American Civil War era, including antebellum, military, civilian, African American, women's, Reconstruction, and other significant history; and WHEREAS, many of these historic sites would be greatly enhanced, both educationally for our children and as tourist attractions, if properly interpreted on site and adequately promoted; and WHEREAS, by dividing the entire state into six historic regionsthe Chickamauga & Atlanta campaigns, the March to the Sea, the pursuit of Jefferson Davis, Wilson's Raid, the Northeast Georgia mountains, and South Georgia's agricultural bountya comprehensive history of Georgia's Civil War era can be told through the creation, marketing, and maintenance of six historic driving trails; and WHEREAS, beginning in 2000, a 501(c)(3) nonprofit organization of dedicated Georgians known as Georgia Civil War Heritage Trails began working on the development of six such historic driving trails; and WHEREAS, Georgia Civil War Heritage Trails has already raised over $1 million in federal grants, plus hundreds of thousands more in both private and public funds, involving well over 100 Georgia city and county jurisdictions to date, plus thousands of Georgia's citizens, and has begun the installation of approximately 300 historic interpretive markers, over 2,000 roadway directional trailblazer signs, the construction of several roadside parking pull-off areas, and the initial printing of over one million new educational/tourist brochures with an informative website (www.gcwht.org); and WHEREAS, in order for Georgia Civil War Heritage Trails to continue toward full development and success, it needs the continuing cooperation of the Georgia Department of Transportation, of other state agencies, and of local municipalities across the State of Georgia; and WHEREAS, the State of Georgia, having joined in financially assisting the efforts of Georgia Civil War Heritage Trails, desires to avoid wasting any taxpayer funds by duplicating Georgia Civil War Heritage Trails in any manner or form and to avoid confusing Georgia's citizens, guests, and tourists by the duplication of names, titles, logos, signage, routes, or any other distinguishing characteristics of a Civil War era historic driving trail. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the six driving trails already in either development or planned by Georgia THURSDAY, MARCH 12, 2009 1917 Civil War Heritage Trails are to be designated as the official state-wide Civil War Era Historic Driving Trails of Georgia. BE IT FURTHER RESOLVED that Georgia Civil War Heritage Trails shall have the authority to direct the planning, construction, and maintenance of Civil War era historic driving trails upon any roadway in the State of Georgia. BE IT FURTHER RESOLVED that the Department of Transportation and all other state agencies are authorized and directed to work cooperatively with Georgia Civil War Heritage Trails state-wide in the latter's creation and placement of appropriate historic interpretive markers, roadway directional trailblazer signage, roadside parking pull-offs, and various marketing materials, including specifically along any state and federal designated highways in all six regions state-wide in which Georgia Civil War Heritage Trails conducts its activities. BE IT FURTHER RESOLVED that the Department of Transportation and other state agencies are further authorized and directed to work cooperatively with Georgia Civil War Heritage Trails in any other areas of the state not specifically mentioned in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the Department of Economic Development, and the Department of Natural Resources. 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 adoption of the legislation as reported, was agreed to. On the adoption of the legislation on the Senate Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver 1918 JOURNAL OF THE SENATE Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Reed Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the adoption of the legislation, the yeas were 50, nays 0. The legislation on the Senate Consent Calendar for Commemorative Resolutions, except SR 176 and SR 431, having received the requisite constitutional majority, was adopted. SR 176 and SR 431, having received the requisite constitutional majority, were adopted by substitute. The following legislation, favorably reported by the committees, as listed on the Senate Consent Calendar for Joint Study Committees/Commissions, was put upon its adoption. SENATE CONSENT CALENDAR FOR JOINT STUDY COMMITTEES/COMMISSIONS THURSDAY, MARCH 12, 2009 THIRTIETH LEGISLATIVE DAY SR 331 Health Care Transformation; create Joint Study Committee (H&HS-32nd) SR 402 Joint Telecommunications Comprehensive Reform Study Committee; create (RI&U-48th) 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 Joint Study Committees/Commissions, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Hawkins Y Heath Y Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer THURSDAY, MARCH 12, 2009 1919 Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Y Reed Y Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the adoption of the legislation, the yeas were 49, nays 0. The legislation on the Senate Consent Calendar for Joint Study Committees/Commissions, having received the requisite constitutional majority was adopted. The following legislation, favorably reported by the committees, as listed on the Consent Calendar Expressing the Will of the Senate, was put upon its adoption. CONSENT CALENDAR EXPRESSING THE WILL OF THE SENATE THURSDAY, MARCH 12, 2009 THIRTIETH LEGISLATIVE DAY SR 117 SR 178 SR 295 SR 300 Transportation, Georgia Dept.; urged to build a maglev train to be known as the "The Plane Train" (Substitute)(TRANS-53rd) Capitol Arts Standards Commission; urged to authorize the placement of Admiral John Henry Towers portrait in the state capitol (SI&P-52nd) Strategic Deployment-Distribution Corridor Network; requesting the implementation (TRANS-6th) Community Health; urged to work in conjunction with state-wide medical organizations; pediatric physicians; proper care for pre-term infants (H&HS-7th) 1920 JOURNAL OF THE SENATE SR 406 SR 422 Educational Agencies; urged to adopt policies/procedures that permit fair opportunity for school systems to submit necessary documentations (ED&Y-44th) Georgia Lottery Corporation; board of directors; request methods to increase funds available for Georgia HOPE scholarship program (H ED-53rd) SR 464 Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers (ED&Y-40th) SR 465 Local School Systems/Postsecondary Institutions; value of partnership; recognize (ED&Y-40th) Senator Cowsert of the 46th objected to SR 422 and asked that it be voted on individually. The consent was granted, and SR 422 was placed at the foot of the Rules Calendar. The substitute to the following resolution was put upon its adoption: *SR 117: The Senate Transportation Committee offered the following substitute to SR 117: A RESOLUTION Urging the Georgia Department of Transportation to support a maglev train connecting Hartsfield-Jackson Airport in Atlanta along Interstate 75 with the Chattanooga Municipal Airport (Lovell Field), to be known as the "The Plane Train"; and for other purposes. WHEREAS, Hartsfield-Jackson Airport is close to reaching its maximum operating capacity; and WHEREAS, it is unlikely that any political subdivision in northwest Georgia would allow a new international airport to be built in its jurisdiction; and WHEREAS, many residents in North Georgia and visitors to our state complain that the Atlanta airport is too far away and does not serve their needs; and WHEREAS, any trip to Hartsfield-Jackson Airport from North Georgia necessarily involves delays due to the congestion encountered while traveling through the metropolitan Atlanta area; and THURSDAY, MARCH 12, 2009 1921 WHEREAS, a magnetic levitating, or maglev, train is a form of transportation that levitates, guides, and propels vehicles using electromagnetic force. This method is faster than wheeled mass transit systems, potentially reaching velocities comparable to turboprop and jet aircraft; and WHEREAS, one advantage of maglev's higher speed would be extension of the serviceable area (3 hours radius) that can outcompete subsonic commercial aircraft; and WHEREAS, high-speed maglev is safe, environmentally friendly, and energy efficient, reducing pollution, transportation fatalities, and reliance on foreign oil; and WHEREAS, both past and current studies by the Atlanta Regional Commission and the Georgia Department of Transportation have validated the feasibility of implementing a revenue-producing maglev system in this corridor with potential regional extensions to other parts of the state and other states. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the Department of Transportation to develop a strategic plan to construct a high-speed (240 MPH and above) maglev system or "Plane Train" connecting Hartsfield-Jackson Airport in Atlanta with Lovell Field in Chattanooga using proven commercially available and readily deployable high-speed maglev systems similar to the maglev system currently in operation in Shanghai, China. BE IT FURTHER RESOLVED that this body urges the Department of Transportation to report to the General Assembly by September 30, 2009, on its progress in developing this plan. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies 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 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 Consent Calendar Expressing the Will of the Senate, a roll call was taken, and the vote was as follows: 1922 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the adoption of the legislation, the yeas were 51, nays 0. The legislation on the Consent Calendar Expressing the Will of the Senate, except SR 117, having received the requisite constitutional majority, was adopted. SR 117, having received the requisite constitutional majority, was adopted by substitute. SENATE RULES CALENDAR THURSDAY, MARCH 12, 2009 THIRTIETH LEGISLATIVE DAY SB 228 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions (NR&E-20th) SB 229 Conservation/Natural Resources; references to administrative law judge/hearing officer, final decision of Board of Natural Resources; prov. (Substitute)(NR&E-20th) SB 244 Ga. Registered Professional Nurse Practice Act; performance of health maintenance act. by a designated caregiver shall not be prohibited (H&HS-45th) SB 161 SB 246 SB 109 SB 77 SB 162 SB 195 SB 211 SB 7 SB 222 SB 252 SB 253 SB 56 SB 240 SB 250 THURSDAY, MARCH 12, 2009 1923 Insurance; require certain coverage for autism spectrum disorders; provide definitions (Substitute)(I&L-25th) Courts; provide notice of the release of child from detention under certain circumstances; definitions (JUDY-9th) Retirement; Department of Administrative Services; change certain duties and obligations (Substitute)(RET-52nd) Municipal Corporations; create special district which employ in excess of 1500 police officers/firefighters combined (FIN-35th) Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment (RI&U-25th) Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions (Substitute)(RI&U-16th) State Purchasing; exempt certain purchases from having to go through Dept. of Administrative Services (SLGO(G)-1st) Truth in Testimony Act; require an oath for purposes of presenting certain evidence to committee/subcommittee of General Assembly (Substitute) (S JUDY-22nd) State Health/Human Services; reorganize and reestablish various agencies (Substitute)(GvtO-45th) Polysomnography Practice Act; provide for the certification of polysomnographic technologists (H&HS-54th) Sparklers; provide a definition for the term "indoors" (PUB SAF-53rd) Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty (Substitute) (PUB SAF-55th) County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes (Substitute)(FIN-21st) Education; unlawful disruption of/interference; operation of public schools or public school buses; revise provisions (PUB SAF-30th) 1924 SR 110 SR 466 SB 36 SB 17 SB 27 SB 96 SB 94 SB 130 SB 169 SB 172 SB 207 SB 231 SB 160 JOURNAL OF THE SENATE Motor Fuel Taxes; General Assembly modify any proposed expenditure of received revenue -CA (FIN-51st) Performance Based Principal Certificate Renewal Design Team; establish (ED&Y-40th) Local Boards of Education; provide for adoption of codes of ethics to govern members; annual review of such codes (ED&Y-44th) Election; increase filing fees/fines for campaign, financial, and lobbyist disclosure reports that are filed late (Substitute)(ETHICS-29th) Confederate Heritage/History Month; create; encourages observances/celebrations; provide statutory construction (Substitute) (RULES-11th) Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions (ETHICS-35th) Insurance; insured under a group accident/sickness policy include dependents up to age 25 (I&L-32nd) Electronic Lease-Purchase of Goods Act; provide data and personal information protection practices; definitions; establish procedures (Substitute)(S&T-53rd) Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means (Substitute) (H&HS-47th) Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions (JUDY-30th) Proceedings; admit general public to hearings in juvenile court with certain exceptions (Substitute)(S JUDY-37th) Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements (H ED-40th) Education; Veterans Day; revise provision; elementary/secondary schools shall be closed on November 11 (ED&Y-3rd) THURSDAY, MARCH 12, 2009 1925 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 228. By Senators Tolleson of the 20th, Grant of the 25th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to provide for buffers along certain tidally influenced state waters; to exempt certain man-made impoundments; to provide for rules and regulations; to provide for applicability; to repeal conflicting laws; and for other purposes. Senators Chapman of the 3rd and Tolleson of the 20th offered the following amendment #1: Amend SB 228 by page 2 line 48 delete the word "apply to" after not and add the words "be required for". On the adoption of the amendment, there were no objections, and the Chapman, Tolleson 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 1926 JOURNAL OF THE SENATE Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Moody Y Mullis Y Murphy Y Orrock N Pearson Y Powell N Ramsey Y Reed 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 3. SB 228, having received the requisite constitutional majority, was passed as amended. Senator Murphy of the 27th was excused for business outside the Senate Chamber. SB 229. By Senators Tolleson of the 20th, Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to conservation and natural resources, so as to change certain provisions relating to references to administrative law judge or hearing officer, references to final decision of Board of Natural Resources, and filing request for administrative review; to provide for deference by administrative law judges when reviewing certain administrative orders or actions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 229: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to conservation and natural resources, so as to change certain provisions relating to references to administrative law judge or hearing officer, references to final decision of Board of Natural Resources, and filing request for administrative review; to provide for deference by administrative law judges when reviewing certain administrative orders or actions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to general THURSDAY, MARCH 12, 2009 1927 provisions relative to conservation and natural resources, is amended by revising Code Section 12-1-2, relating to references to administrative law judge or hearing officer, references to final decision of Board of Natural Resources, and filing request for administrative review, as follows: "12-1-2. (a) Any reference in this title to an administrative law judge or hearing officer shall mean an administrative law judge appointed by the chief state administrative law judge. The decision of an administrative law judge shall constitute the final administrative decision in any matter, and any party to the matter, including without limitation the department, the director of the Environmental Protection Division, the Asbestos Licensing Board, and the Shore Protection and Coastal Marshlands Protection Committees, shall have the right of judicial review in accordance with Chapter 13 of Title 50. (b) Any reference in this title to a final decision of the Board of Natural Resources shall mean a final administrative decision by an administrative law judge. (c) Any request for administrative review by an administrative law judge shall be filed with the decision maker or entity within the department whose decision is to be reviewed. (d) In any administrative review of orders or actions of the department, the director of the Environmental Protection Division, the Shore Protection Committee, or the Coastal Marshlands Protection Committee, an administrative law judge shall afford deference to the interpretation of laws or rules and regulations and the exercise of discretion by such persons or entities regarding laws or rules and regulations that this title directs them to administer and enforce to the extent that those orders, actions, or interpretations are not arbitrary or capricious." SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval, and this Act shall apply to all administrative reviews requested on or after such effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Harp of the 29th offered the following amendment #1 to the committee substitute: Amend the committee substitute to SB 229 by at line 33 removing the "." and replacing it with a ";" and adding the following: "Provided, however, the deference shall not be given to any interpretation that has not been formalized through rulemaking under the Administrative Procedures Act, with public notice and an opportunity for public comment." 1928 JOURNAL OF THE SENATE On the adoption of the amendment, the President called for unanimous consent. Senator Tolleson of the 20th objected. On the adoption of the amendment, the yeas were 17, nays 23, and the Harp amendment #1 to the committee substitute 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: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth N Chance N Chapman N Cowsert N Crosby Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison N Harp Y Hawkins Y Heath N Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones N Moody Y Mullis E Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer Y Sims N Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 26, nays 25. SB 229, having failed to receive the requisite constitutional majority, was lost. Senator Jackson of the 2nd was excused for business outside the Senate Chamber. SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia THURSDAY, MARCH 12, 2009 1929 Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 244, having received the requisite constitutional majority, was passed. SB 161. By Senators Grant of the 25th, Williams of the 19th, Johnson of the 1st, Thomas of the 54th, Cowsert of the 46th and others: A BILL to be entitled an Act to amend Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, so as to require certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th asked unanimous consent that SB 161 be placed on the Table. The consent was granted, and SB 161 was placed on the Table. 1930 JOURNAL OF THE SENATE SB 246. By Senators Balfour of the 9th, Hawkins of the 49th, Unterman of the 45th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention, so as to provide notice of the release of a child from detention under certain circumstances; to provide for definitions; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas 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 246, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: THURSDAY, MARCH 12, 2009 1931 HB 388. By Representatives Mills of the 25th, Everson of the 106th, Keen of the 179th, Harbin of the 118th, Walker of the 107th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for legislative intent; to provide a short title; to change the definition of "child" to include a human embryo; to provide for definitions; to provide for procedures for embryo adoption; to provide for nonapplicability of certain dependent exemption for income tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 482. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st 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 exemptions from ad valorem taxation, so as to provide that, subject to referendum approval, all tangible personal property constituting the inventory of a business shall be exempt from state ad valorem taxation; to provide for a referendum election with respect to effectiveness; to repeal conflicting laws; and for other purposes. The Calendar was resumed. 1932 JOURNAL OF THE SENATE SB 109. By Senator Smith of the 52nd: 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 certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the Council of Juvenile Court Judges, as appropriate; to provide for certain reporting; 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 January 20, 2009 The Honorable Preston Smith State Senator Coverdell Legislative Office Building, Room 301-A Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 109 (LC 21 0081) Dear Senator Smith: This bill would amend provisions relating to retirement and pensions under the Employees' Retirement System, the District Attorneys Emeritus Fund, the Georgia Judicial Retirement System, and would amend provisions relating to social security coverage for employees. Specifically, this bill would transfer certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the Council of Juvenile Court Judges. THURSDAY, MARCH 12, 2009 1933 This bill would also provide clarification regarding the source of funds used to cover the employer contributions made on behalf of certain members of these funds. This bill would also require each state court to notify the board of directors for the Judicial Retirement System of the election or appointment of a new state court judge or solicitor-general or the vacating of such office. Such notifications must be made within two weeks of such election, appointment, or vacancy. Each employer eligible for participation in the Judicial Retirement System would also be required to submit a list of all employees who are current members to the board of directors each month. These notifications would also be sent to the Council of State Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia. This is to certify that this bill 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 substitute to SB 109: 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 certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the Council of Juvenile Court Judges, as appropriate; to provide for certain reporting; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising Code Section 47-2-260, relating to continuation of membership, rights, and benefits of judges of superior courts and district attorneys in the Employees' Retirement System of Georgia, notice of election to continue membership, and contributions, as follows: "47-2-260. (a) The provisions of this or any other law to the contrary notwithstanding, on and after April 1, 1969, any person appointed or elected as a judge of the superior court or as a 1934 JOURNAL OF THE SENATE district attorney who at the time of such appointment or election is a member of the Employees' Retirement System of Georgia shall be entitled to elect to continue as a member of the retirement system while holding office as a judge of the superior court or district attorney. All rights, credits, and funds in the retirement system which are possessed by any such member at the time of the member's appointment or election shall be continued in force and the member shall be entitled to all rights and benefits under the retirement system to which the member was entitled at the time of the member's appointment or election and to all rights subsequently acquired. (b) Within 30 days after appointment or election as a judge of the superior court or as a district attorney, any such person who elects to continue as a member of the retirement system shall notify the director of the Employees' Retirement System of Georgia and the Department of Administrative Services Council of Superior Court Judges of Georgia or the Prosecuting Attorneys' Council of the State of Georgia, as appropriate, of that decision. Upon making such election and giving the required notice, a member who is subject to the provisions of this Code section shall not be required to become a member of or make contributions to the Georgia Judicial Retirement System created by Chapter 23 of this title. (c) Employee contributions, including contributions for retirement allowances, survivors benefits under Code Section 47-2-128, and social security coverage, of members referred to in this Code section shall be deducted by the Department of Administrative Services Council of Superior Court Judges of Georgia or the Prosecuting Attorneys' Council of the State of Georgia, as appropriate, from the compensation paid by the state to such members and remitted to the retirement system. (d) The Department of Administrative Services is Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia are authorized and directed to pay from the funds appropriated or otherwise made available for the operation of the judicial branch of government of this state the required employer contributions, including contributions for retirement allowances, survivors benefits under Code Section 47-2-128, and social security coverage, and to remit those contributions to the retirement system." SECTION 2. Said title is further amended by revising subsection (b) of Code Section 47-2-262, relating to membership in the Employees' Retirement System of Georgia of assistant district attorneys and employees of the Prosecuting Attorneys' Council, notice of election to become a member, and contributions, as follows: "(b) Each assistant district attorney and each employee of the Prosecuting Attorneys' Council of the State of Georgia, hereinafter in this Code section collectively referred to as 'employee' or 'employees,' employed on June 30, 1979, may elect to become a member of the Employees' Retirement System of Georgia. Any such employee electing to become a member of the retirement system shall so notify the board of trustees not later than October 1, 1979. Any such employee who failed to notify the board of trustees by that date shall not at any time thereafter be eligible for membership in the THURSDAY, MARCH 12, 2009 1935 retirement system. Any person who becomes an employee on or after July 1, 1979, shall become a member of the Employees' Retirement System of Georgia as a condition of his or her employment, unless he or she is eligible for membership in another publicly supported retirement or pension system or fund which provides retirement benefits based wholly or partially on compensation of such employee paid from state funds. An employee who is eligible for membership in any such other publicly supported retirement or pension system or fund may elect to become a member of the retirement system in lieu of membership in such other publicly supported retirement or pension system or fund by notifying the board of trustees of such election within 90 days after becoming employed with the Prosecuting Attorneys' Council of the State of Georgia. Any such employee who fails to notify the board of trustees within such time shall not at any time thereafter be eligible for membership in the retirement system. The state salary paid to employees who become members of the retirement system shall be the basis for employee and employer contributions for such employees. All employer contributions required by this chapter for such members shall be paid from funds appropriated or otherwise made available for the operation of the superior courts. The commissioner of administrative services Prosecuting Attorneys' Council of the State of Georgia shall deduct from the state salaries payable to such members the employee contributions required by this chapter." SECTION 3. Said title is further amended by revising subsection (a) of Code Section 47-2-264, relating to membership in the Employees' Retirement System of Georgia of secretaries employed by judges of superior courts and district attorneys, creditable service, and contributions, as follows: "(a) Each secretary employed by a judge of the superior court or a district attorney under Code Section 15-6-25 or 15-18-17 shall be a member of the Employees' Retirement System of Georgia with a commencement date of July 1, 1975. Any such secretary who is already a member of the retirement system by virtue of service with another employer shall be entitled to credit for all service rendered while an employee under the retirement system. All contributions required under this chapter made on behalf of such judicial secretaries shall be paid from funds appropriated or otherwise available for the operation of the superior courts, and all contributions required under this chapter made on behalf of such secretaries of district attorneys shall be paid from funds appropriated or otherwise available. All such payments shall be in addition to the regular compensation provided by law for such secretaries." SECTION 4. Said title is further amended by revising subsection (d) of Code Section 47-2-265, relating to membership in the Employees' Retirement System of Georgia of district attorney investigators, as follows: "(d) The state salaries paid to district attorney investigators who become members of the retirement system pursuant to this Code section shall be the basis for employee and 1936 JOURNAL OF THE SENATE employer contributions to the retirement system for such members. All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter for such members shall be paid from funds appropriated or otherwise made available for the operation of the superior courts. The Department of Administrative Services Prosecuting Attorneys' Council of the State of Georgia shall deduct from the state salaries payable to such members the additional employee contributions required by this chapter." SECTION 5. Said title is further amended by revising subparagraph (f)(1)(B) of Code Section 47-2266, relating to membership in the Employees' Retirement System of Georgia of judicial employees and contributions, as follows: "(B) The Council of Superior Court Judges of Georgia, the president of The Council of Superior Court Judges of Georgia, or the district administrative judge employing the person claiming the creditable service shall pay the employer contributions that would have been paid to the retirement system if the person claiming the creditable service had been a member during the period of time for which creditable service is claimed plus regular interest on such employer contributions compounded annually from the time the prior service was rendered to the date of payment. For prior service as a judicial employee specified in subparagraph (a)(1)(D) of this Code section, the employer contributions plus interest required by this subparagraph shall be paid by the commissioner of administrative services Council of Superior Court Judges of Georgia from funds appropriated or available for the operation of the superior courts." SECTION 6. Said title is further amended by revising Code Section 47-2-267, relating to membership of employees of district attorneys in the Employees' Retirement System of Georgia and contributions, as follows: "47-2-267. Except as provided in Code Section 47-2-265, each full-time employee of a district attorney, which employee is compensated through funds appropriated by the General Assembly, shall be a member of this retirement system as a condition of employment. Any such employee who is already a member of this retirement system by virtue of service with another employer shall be entitled to credit for all service rendered while an employee under the retirement system. All contributions required under this chapter shall be paid from funds appropriated or otherwise available for the operation of the superior courts. The Department of Administrative Services Prosecuting Attorneys' Council of the State of Georgia shall deduct from the state salaries paid to such members the employee contributions required by this chapter." SECTION 7. Said title is further amended by revising subsection (a) of Code Section 47-2-290, THURSDAY, MARCH 12, 2009 1937 relating to judges, solicitors, and other employees of state courts subject to a merit system, membership in the Employees' Retirement System of Georgia, contributions, and exemptions, as follows: "(a) The state courts of this state are declared to be adjuncts of the superior courts, the state courts having concurrent jurisdiction in all civil and criminal matters except those exclusively vested in the superior courts. All judges, solicitors, and other employees of any state court in this state shall be subject to a merit system of personnel administration as promulgated by each state court under which all such officers and employees shall perform services on the basis of merit, fitness, and efficiency. All such officers and employees are authorized to become members of the Employees' Retirement System of Georgia in accordance with this chapter. The governing authority of each county of this state shall deduct or collect from each member the employee contributions required by this chapter and shall remit those contributions to the retirement system on a monthly basis. The commissioner of administrative services Council of State Court Judges of Georgia is authorized and directed to pay from the funds appropriated for the operation of the superior courts of this state or otherwise available the employer contribution required by this chapter for judges and employees of the state courts, which contribution shall be paid by the commissioner of administrative services Council of State Court Judges of Georgia, upon receipt of an invoice from the retirement system. The Prosecuting Attorneys' Council of the State of Georgia is authorized and directed to pay from the funds appropriated or otherwise available the employer contribution required by this chapter for solicitors-general of the state courts, which contribution shall be paid by the Prosecuting Attorneys' Council of the State of Georgia, upon receipt of an invoice from the retirement system." SECTION 8. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 47-8-67, relating to election of survivors benefits coverage, contributions required for such coverage, effect of such coverage on appointment to the office of senior judge, and amount of survivors benefits, as follows: "(1) Any judge so electing shall pay an amount equal to 2 percent of his or her state salary for each year of prior service as a judge of superior court up to the time of such election and shall thereafter contribute, in addition to the 5 percent contribution required by this chapter, 2 percent of the salary paid to him or her by the state. Such amount shall be deducted from such salary by the commissioner of administrative services Council of Superior Court Judges of Georgia and deposited into the retirement fund; and" SECTION 9. Said title is further amended by revising subsection (b) of Code Section 47-12-41, relating to payments by district attorneys into the District Attorneys Retirement Fund of Georgia, as follows: "(b) Each district attorney who is now in office and who is otherwise eligible to 1938 JOURNAL OF THE SENATE participate in the benefits provided by this chapter shall make his or her payments to the fund until his or her retirement. Any such district attorney who is eligible to participate in the fund but who has not made the payments set forth in this Code section may pay such amounts into the fund not later than July 1, 1961, with interest at the rate of 5 percent per annum on all amounts due since February 17, 1949, to the date of payment to the Fiscal Division of the Department of Administrative Services Prosecuting Attorneys' Council of the State of Georgia." SECTION 10. Said title is further amended by revising subsection (a) of Code Section 47-12-43, relating to manner of deduction of payments to the fund, penalty for late payments, and payments made on behalf of the district attorney, as follows: "(a) The payment into the fund either of 5 percent or 7 1/2 percent, as applicable, of the state salary shall be deducted monthly by the Department of Administrative Services Prosecuting Attorneys' Council of the State of Georgia from the salary of each district attorney who is a member of the fund. If any such payments have not been made by February 15 of the succeeding year, the sum due shall incur a penalty of 6 percent interest per annum computed on the principal amount from February 15 until actually paid. Beginning with the payments to be made covering the calendar year 1964, and for each calendar year thereafter, if the sum due is not paid by February 15 of the succeeding year, such sum due shall be increased by 10 percent plus 6 percent interest per annum, computed on the sum due plus the additional 10 percent, from February 15 until the date of actual payment of the entire amount." SECTION 11. Said title is further amended by revising Code Section 47-12-44, relating to transfer of membership and contributions to the Employees' Retirement System of Georgia and payment of additional state contribution upon transfer, as follows: "47-12-44. The board of trustees shall transfer to the Employees' Retirement System of Georgia all contributions made to the fund by a member who transfers to the Employees' Retirement System of Georgia; and the commissioner of administrative services Prosecuting Attorneys' Council of the State of Georgia is authorized and directed to pay from the funds appropriated for the operating expenses of the superior courts of this state or otherwise available an additional amount equal to the 5 percent contribution of such member plus an additional 20 percent of the contribution, so that the state contribution shall be in accordance with the Employees' Retirement System of Georgia." SECTION 12. Said title is further amended by revising subsection (e) of Code Section 47-18-40, relating to agreement between state and federal government for state employees, like agreements between federal government and interstate instrumentalities, and division of THURSDAY, MARCH 12, 2009 1939 retirement system, as follows: "(e) The position of any member of the division or part of the Superior Court Judges Retirement Fund of Georgia who does not desire coverage may be transferred to the separate retirement fund composed of positions of members who do desire coverage upon such terms and conditions and at such time as permitted by federal law. In the event of such transfer, the employee contributions of such member required for social security coverage shall be deducted by the commissioner of administrative services Council of Superior Court Judges of Georgia and remitted to the state agency, together with the required employer contributions. The commissioner of administrative services Council of Superior Court Judges of Georgia is authorized and directed to pay, from funds appropriated or otherwise available for the operation of the superior courts, the required employer contributions on any such transferred member." SECTION 13. Said title is further amended by revising Code Section 47-18-43, relating to referendum on the question of coverage of positions covered by Chapter 12 of such title, as follows: "47-18-43. Anything in this chapter to the contrary notwithstanding, the Governor is empowered to authorize a referendum in accordance with the requirements of Section 218(d)(3) of the Social Security Act on the question of whether services in positions covered by the District Attorneys Retirement Fund of Georgia, Chapter 12 of this title, shall be excluded from or included under an agreement under this chapter with an effective date of July 1, 1956. If the referendum results in an affirmative vote, employee contributions required for social security coverage shall be deducted by the commissioner of administrative services Prosecuting Attorneys' Council of the State of Georgia from the compensation or other funds due the employee and shall be remitted to the state agency, together with the required employer contributions. Such employee deductions shall be based on an affidavit from each individual as to the total wages received by him or her each calendar quarter as district attorney. Such affidavit shall be forwarded to the commissioner of administrative services Prosecuting Attorneys' Council of the State of Georgia before the fifth day of the month following the end of each calendar quarter. If any district attorney fails to submit the required affidavit to the commissioner of administrative services Prosecuting Attorneys' Council of the State of Georgia within the required time, any and all funds due such individual shall be withheld by the commissioner of administrative services Prosecuting Attorneys' Council of the State of Georgia until an appropriate affidavit has been received. The commissioner of administrative services Prosecuting Attorneys' Council of the State of Georgia is authorized and directed to pay the required employer contribution from the funds appropriated or otherwise available for the operation of the superior courts of the state." SECTION 14. Said title is further amended by revising Code Section 47-18-44, relating to referendum 1940 JOURNAL OF THE SENATE on the question of coverage of positions covered by Chapter 8 of such title, as follows: "47-18-44. The Governor is empowered to authorize a referendum in accordance with the requirements of Section 218(d)(3) of the Social Security Act, on the question of whether services in positions covered by the Superior Court Judges Retirement Fund of Georgia, Chapter 8 of this title, shall be excluded from or included under an agreement under this chapter with an effective date of July 1, 1956. If the referendum results in an affirmative vote, employee contributions required for social security coverage shall be deducted by the commissioner of administrative services Council of Superior Court Judges of Georgia and remitted to the state agency, together with the required employer contributions. The commissioner of administrative services Council of Superior Court Judges of Georgia is authorized and directed to pay the required employer contribution from the funds appropriated for the operation of the superior courts of the state." SECTION 15. Said title is further amended by revising Code Section 47-23-25, relating to payment of administrative expenses, as follows: "47-23-25. In order to pay the administrative expenses of the fund and upon the receipt of a request from the board on or after July 1, 1998, and each year thereafter, the Department of Administrative Services is Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Council of Juvenile Court Judges, and the Prosecuting Attorneys' Council of the State of Georgia are authorized and directed to pay into the fund, from funds appropriated or otherwise available for the operation of the superior courts of this state, an amount sufficient to pay the administrative expenses of the fund as certified by the board to the Department of Administrative Services Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Council of Juvenile Court Judges, and the Prosecuting Attorneys' Council of the State of Georgia." SECTION 16. Said title is further amended by revising Code Section 47-23-47, relating to transfer of members' contributions, as follows: "47-23-47. The board of trustees shall transfer to the Employees' Retirement System of Georgia all contributions made to the fund by a member who transfers to the Employees' Retirement System of Georgia; and the commissioner of administrative services is Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Council of Juvenile Court Judges, and the Prosecuting Attorneys' Council of the State of Georgia, as appropriate, are authorized and directed to pay from the funds appropriated for the operating expenses of the superior courts of this state or otherwise available an additional amount equal to the 5 percent contribution of such member plus an additional 20 percent of the contribution, so that the state contribution shall be in accordance with the Employees' Retirement System of Georgia." THURSDAY, MARCH 12, 2009 1941 SECTION 17. Said title is further amended by revising subsection (a) of Code Section 47-23-80, relating to contributions by superior court judges and district attorneys and employer contributions, as follows: "(a) The provisions of this Code section shall be applicable to judges of the superior courts and district attorneys. The amount of employee contributions to the fund by superior court judges shall be 7 1/2 percent of the earnable monthly compensation from state funds provided by law for judges of the superior courts. The amount of employee contributions to the fund by district attorneys shall be 7 1/2 percent of the earnable monthly compensation from state funds provided by law for district attorneys. The Department of Administrative Services is Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia, as appropriate, are authorized to deduct 7 1/2 percent monthly from the earnable monthly compensation of each judge of the superior courts and each district attorney who is a member of the retirement system to cover the employee contributions to the fund. The Department of Administrative Services is Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia, as appropriate, are also authorized to make an additional deduction from such earnable monthly compensation to cover any required employee tax for social security coverage. The Department of Administrative Services is Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia, as appropriate, are authorized and directed to pay, from the funds appropriated or otherwise available for the operation of the superior courts of the state, any required employer contribution for social security coverage on such judges and district attorneys. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia, as appropriate, are authorized and directed to pay into the fund the employer contributions, including contributions to fund any creditable service authorized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits and the spouses' benefits under this chapter." SECTION 18. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 47-23-81, relating to contributions by judges and solicitors-general of state courts, employer contributions, and reports required, as follows: "(2) The Council of State Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia are From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund provided for by this chapter monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount 1942 JOURNAL OF THE SENATE sufficient to fund the service and disability retirement benefits under this chapter. The Department of Administrative Services is Council of State Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia are authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the state any required employer contribution for social security coverage on such members." SECTION 19. Said title is further amended by revising subsection (c) of Code Section 47-23-81, relating to contributions by state court judges and solicitors-general of state courts, employer contributions, and reports required, as follows: "(c)(1) It shall be the duty of each employing unit affected by this chapter to designate a responsible person to submit the reports and forward the employee contributions set forth in this Code section. It shall be the duty of the person so designated to comply with this Code section. If the required reports and employee contributions are not forwarded to the board or if duplicate copies of the reports are not directed to the Office of Treasury and Fiscal Services, in accordance with this Code section, as appropriate, the Office of Treasury and Fiscal Services is authorized to withhold any state payments payable to the governmental unit failing to forward such reports and employee contributions until such time as such reports and contributions have been received. (2) It shall be the duty of the clerk of each state court to notify the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the board of directors of this retirement system of the election or appointment of a new state court judge or solicitor-general or the vacating of any such office. Such notification shall be made within two weeks of such election, appointment, or vacancy. (3) Each employing unit affected by this chapter shall provide the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the board of directors of this retirement system with a list of all employees of the employing unit who are current members of this retirement system. Such report shall be made each calendar month." SECTION 20. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 47-23-82, relating to contributions by juvenile court judges, employer contributions, and reports required, as follows: "(2) The Council of Juvenile Court Judges From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund provided for by this chapter monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an THURSDAY, MARCH 12, 2009 1943 amount sufficient to fund the service and disability retirement benefits under this chapter." SECTION 21. This Act shall become effective on July 1, 2010. SECTION 22. 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, 2009 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 109 (LC 21 0399S) Dear Senator Heath: This substitute bill would amend provisions relating to retirement and pensions under the Employees' Retirement System, the District Attorneys Emeritus Fund, the Georgia Judicial Retirement System, and would amend provisions relating to social security coverage for employees. Specifically, this bill would transfer certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the Council of Juvenile Court Judges. This bill would also provide clarification regarding the source of funds used to cover the employer contributions made on behalf of certain members of these funds. 1944 JOURNAL OF THE SENATE This substitute bill would also require each state court to notify the board of directors for the Judicial Retirement System of the election or appointment of a new state court judge or solicitor-general or the vacating of such office. Such notifications must be made within two weeks of such election, appointment, or vacancy. Each employer eligible for participation in the Judicial Retirement System would also be required to submit a list of all employees who are current members to the board of directors each month. These notifications would also be sent to the Council of State Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the substitute, 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas Y Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams THURSDAY, MARCH 12, 2009 1945 On the passage of the bill, the yeas were 52, nays 0. SB 109, having received the requisite constitutional majority, was passed by substitute. Senator Weber of the 40th was excused for business outside the Senate Chamber. SB 77. By Senators Reed of the 35th, Tate of the 38th, Orrock of the 36th, Fort of the 39th, Jones of the 10th 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 provisions applicable to municipal corporations, so as to create a special district in all municipal corporations which employ in excess of 1,500 police officers and firefighters combined; to impose and levy a special district tax within such districts for the purpose of providing all or a portion of the salaries for police officers and firefighters; to provide for a referendum; to provide for adjustment of such tax rate; 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 N Balfour Y Brown Y Buckner Y Bulloch Y Butler N Butterworth Y Chance N Chapman N Cowsert Y Crosby N Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones N Moody Y Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson N Unterman E Weber N Wiles N Williams 1946 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 30, nays 23. SB 77, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Hill of the 4th Rogers of the 21st SB 162. By Senators Grant of the 25th and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize security guards and detectives to obtain individual licensure for employment; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hudgens Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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. THURSDAY, MARCH 12, 2009 1947 SB 162, having received the requisite constitutional majority, was passed. SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st: A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 195: A BILL TO BE ENTITLED AN ACT To amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change the definition of the term "electronic data prescription drug order"; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to change certain provisions relating to veteran examinations; to provide for notification of current laws, rules, and regulations and standards of conduct relating to the practice of architecture; to provide that the service upon the division director on behalf of the State Board of Barbers or the State Board of Physical Therapy shall be at his or her office; to change certain provisions regarding the training, utilization, and licensing of apprentices in barbershops; to revise certain provisions relating to the record of revocation of chiropractic licenses; to change certain provisions relating to the rules and regulations as to sanitary requirements and inspections relative to cosmetologists; to revise certain requirements for application for low-voltage electrical contracting licenses; to require the examination for the land surveyor-in-training certificate be board approved; to change provisions as to notice of meetings of the State Board of Hearing Aid Dealers and Dispensers; to revise the general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director; to change certain provisions relating to the issuance of licenses relative to hearing aid dealers and dispensers; to amend provisions relating to the qualifications and examination of hearing aid dispenser 1948 JOURNAL OF THE SENATE apprentices; to provide for notice to the hearing aid dealer licensee or permit holder; to change certain provisions relating to fees for licensure of landscape architects; to provide that applicants for licensure as dispensing opticians may be required to pass a board approved examination; to change certain provisions relating to examinations and examination fees relative to dispensing opticians; to amend certain provisions as to continuing education requirements relative to license renewals of dispensing opticians; to change certain provisions relating to examinations for licenses to practice podiatric medicine; to change certain provisions relating to the examination of applicants and appeals relative to psychologists; to change certain provisions relating to the test an applicant for a used motor vehicle and parts dealer license must pass; to provide for board approved examinations for applicants for certification as operators or laboratory analysts of treatment plants; 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 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising paragraph (14.1) of Code Section 26-4-5, relating to definitions relative to pharmacists and pharmacies, as follows: (14.1) 'Electronic data prescription drug order' means any digitalized prescription drug order transmitted to a pharmacy, by a means other than by facsimile, which contains the secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. Electronic data prescription drug order also includes any digitalized prescription drug order transmitted to a pharmacy that is converted into a visual image of a prescription order during the transmission process, received by the pharmacy through a facsimile machine, and includes the practitioner's electronic signature." SECTION 2. Said title is further amended by revising subsections (a) and (b) of Code Section 26-4-41, relating to qualifications for license, examination, and internships and other training programs relative to pharmacists and pharmacies, as follows: "(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of THURSDAY, MARCH 12, 2009 1949 pharmacy located in another country, the board may accept a graduate from such a school or college as so long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language; (5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; (6) Have successfully passed an examination or examinations approved by the board; and (7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license. (b) Examinations. (1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available by the board at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination;. (2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination; and. (3) Any person who takes the board approved examination and fails the examination may repeat the examination at regular intervals of administration; however, a person may not take the examination more than three times without permission from the board. A person who has taken the board approved examination and failed the examination for the third time may not practice as a pharmacy intern. A person who takes the board approved examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid." SECTION 3. Said title is further amended by revising subsection (c) of Code Section 26-4-42, relating to license transfers for pharmacists licensed in another jurisdiction relative to pharmacists and pharmacies, as follows: "(c) To obtain a license to engage in the practice of pharmacy in this state, a pharmacist who is a graduate of a pharmacy school or college located in another country must complete all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations and the issuance of the equivalency certificate, and an individual 1950 JOURNAL OF THE SENATE evaluation by the board of the applicant's proficiency in the English language. Additionally, a foreign pharmacy graduate applicant shall: (1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state; (5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee; (6) Have successfully passed an examination approved by the board; and (7) Have paid the fees specified by the board." SECTION 4. Said title is further amended by revising subsection (a) of Code Section 26-4-46, relating to pharmacy interns, eligibility, and requirements for licenses, as follows: "(a) To obtain a license as a pharmacy intern, an applicant shall: (1) Have submitted a written an application in the form prescribed by the board of pharmacy; (2) Have attained the age of majority; (3) Be of good moral character; and (4) Have paid the fees specified by the board for the issuance of the license." SECTION 5. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (j) of Code Section 43-1-2, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licenses, and funding, as follows: "(j) The division director shall may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards shall may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards." THURSDAY, MARCH 12, 2009 1951 SECTION 6. Said title is further amended by revising Code Section 43-1-9, relating to point credit for veterans taking examination given by professional licensing boards, as follows: "43-1-9. Any applicant taking an examination given required by any professional licensing board except the State Board of Accountancy shall receive points in the following manner: (1) Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; (2) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and (3) Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination." SECTION 7. Said title is further amended by revising Code Section 43-1-10, relating to credit to veteran's grades when examination given in parts or by subject, as follows: "43-1-10. If an examination given by a professional licensing board is given required in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his or her grade on all of the parts or subjects is determined." 1952 JOURNAL OF THE SENATE SECTION 8. Said title is further amended by revising Code Section 43-1-11, relating to veteran's examination to be graded prior to determination of eligibility for credit, as follows: "43-1-11. A person grading an examination given required by a professional licensing board shall first grade the examination without reference to veteran credit, determining thereafter from the proof submitted whether an applicant is a veteran and is entitled to such credit; if so, the credit shall be added; and if after such addition the applicant equals or exceeds the grade required to pass the examination, the applicant shall be entitled to be certified as having passed the examination." SECTION 9. Said title is further amended by revising subsection (b) of Code Section 43-4-9, relating to adoption of rules, regulations, and standards of conduct and utilization of the Internet relative to architects, as follows: "(b) The board shall post all current laws, rules, regulations, and standards of conduct relating to the practice of architecture in this state on the board's official website. The board shall also provide on the website notification of recent changes in such laws, rules, regulations, or standards and information pertaining to disciplinary actions taken by the board. Individual notice of changes in such laws, rules, regulations, or standards shall be sent by the board at least once a year to each registered architect and building official. Individual notice may be sent by e-mail or regular mail." SECTION 10. Said title is further amended by revising Code Section 43-7-7, relating to board meetings, secretary of the board, service of process and documents, and records relative to barbers, as follows: "43-7-7. The board shall meet at least six days a year but shall not meet more than 36 days in one year. All meetings shall be open to the public except that the board may hold restricted attendance sessions to prepare, give, and grade examinations and to deliberate in connection with the decision in a contested case. The division director shall be secretary of the board and, in addition to his or her duties as prescribed by Code Section 43-1-3, shall perform such other administrative duties as may be prescribed by the board. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office in Atlanta. All official records of the board, or affidavits by the division director as to the content of such records, shall be prima-facie evidence of all matters required to be kept therein." SECTION 11. Said title is further amended by revising Code Section 43-7-12 , relating to requirements for license to operate a barbershop, as follows: THURSDAY, MARCH 12, 2009 1953 "43-7-12. A license to operate a barbershop shall be issued, renewed, or restored to any person who can show that such barbershop: (1) Provides and maintains such physical and sanitary facilities and equipment as may be required by the rules and regulations of the board; (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 12. Said title is further amended by revising subsection (a) of Code Section 43-7-16 , relating to requirement for license as apprentice barber and limitation on renewal, as follows: "(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." SECTION 13. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 439-7, relating to qualifications of applicants for license to practice chiropractic, as follows: "(a) Any person wishing to practice chiropractic in this state shall make written application to the board through the division director in such form as may be adopted and directed by the board. (b) Application shall be in writing and shall be signed by the applicant in his own handwriting; shall be sworn to before some officer authorized under the laws to administer oaths; The application shall recite the history of the applicant's educational qualifications, how long he has studied chiropractic, what collateral branches, if any, he has studied, and the length of time he has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, etc.;, and shall accompany the application with satisfactory evidence of good character and reputation. (c) Each applicant shall send provide with his application an application fee in an amount established by the board." SECTION 14. Said title is further amended by revising Code Section 43-9-14, relating to record of license revocation relating to chiropractors, as follows: "43-9-14. In all cases wherein a license has been revoked and no appeal has been taken within the time allowed by law, it shall be the duty of the division director, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court 1954 JOURNAL OF THE SENATE in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the division director, and it shall be the duty of the clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In cases wherein appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner provided in this Code section immediately after the final termination of such case. Reserved." SECTION 15. Said title is further amended by revising Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, instruction on HIV and AIDS, inspections, and unsanitary conditions as nuisances relative to cosmetologists, as follows: "43-10-6. (a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care, subject to the approval of the Department of Human Resources, and to cause the rules and regulations or any subsequent revisions to be in suitable form., and to transmit a copy thereof The board shall make the rules and regulations available to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, school of hair design, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, school of hair design, and school of nail care in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her business, so as to be easily read by his or her customers. (b) The board is authorized to adopt reasonable rules and regulations requiring that persons licensed under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Any inspector employed by the division director Secretary of State shall have the power to enter and make reasonable examination of any beauty shop, salon, and school in the state during business hours for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof. (d) Any beauty shop, salon, or school in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance." SECTION 16. Said title is further amended by revising subsection (c) of Code Section 43-14-8.1, relating to license requirement for low-voltage electrical contracting, businesses conducted by partnerships, limited liability companies, and corporations, and applications relative to electrical contracting, as follows: "(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application prior to and including December 31, 1984, and pays or has paid the required fees and is not otherwise in THURSDAY, MARCH 12, 2009 1955 violation of this chapter shall be issued a state-wide Low-voltage Contractor Class LVA, LV-G, LV-U, or LV-T license without examination. An individual desiring to obtain Low-voltage Contractor Class LV-T shall submit to the division an affidavit sworn before a notary public which outlines the experience of said individual in the practice of low-voltage wiring relating to telecommunication systems. An individual desiring to obtain a Low-voltage Contractor Class LV-A license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm systems. An individual desiring to obtain a Low-voltage Contractor Class LV-G license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to general systems. Each such affidavit for licensure shall describe in detail the installation of at least three complete low-voltage wiring jobs which shall demonstrate that the individual has successfully performed low-voltage wiring in the area of licensure requested for a period of at least one year immediately prior to the time of application. An individual desiring to obtain a Low-voltage Contractor Class LV-U license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete low-voltage wiring jobs, three in alarm and three in telecommunication systems, which shall demonstrate that the individual has successfully performed lowvoltage wiring in those areas for a period of at least one year immediately prior to the time of application." SECTION 17. Said title is further amended by revising Code Section 43-15-12, relating to land surveyor-in-training certificate and eligibility, as follows: "43-15-12. To be eligible for certification as a land surveyor-in-training, an applicant must meet the following minimum requirements: (1)(A) Earn a bachelor's degree in a curriculum approved by the board; or (B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or (C) Earn a high school diploma, or its equivalent, and acquire not less than four years' experience in land surveying of a nature satisfactory to the board; and (2) Acquire a minimum of 15 quarter hours' credit, or its equivalent, in land surveying subjects in a course of study approved by the board; provided, however, that on and after January 1, 1995, the minimum requirement shall be 20 quarter hours' credit, five of which shall be in hydrology; and (3) Subsequently pass the board's written board approved examination in the fundamentals of land surveying (land surveyor-in-training examination)." 1956 JOURNAL OF THE SENATE SECTION 18. Said title is further amended by revising subsection (c) of Code Section 43-18-41, relating to qualifications of embalmer or funeral director applicants, as follows: "(c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50; and, effective January 1, 1991, must pass a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors." SECTION 19. Said title is further amended by revising paragraph (1) of subsection (a) Code Section 4318-42, relating to reciprocity and examination upon meeting qualifications relative to funeral directors and establishments, as follows: "(1)(A) On or after January 1, 1991, such person successfully passes a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors; and (B) Such person satisfied in another state, territory, country, or District of Columbia the requirements for licensure which are: (i) In effect in Georgia on the date of application; or (ii) Substantially equal to the requirements for a similar license in Georgia; or" SECTION 20. Said title is further amended by revising subsection (b) of Code Section 43-20-5, relating to meetings, reimbursement of members, and notice of meetings relating to the State Board of Hearing Aid Dealers and Dispensers, as follows: "(b) The division director shall notify each member of the board by certified mail or statutory overnight delivery not less than ten days in advance of the time and place of any meeting of the board." SECTION 21. Said title is further amended by revising Code Section 43-20-6, relating to general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director, as follows: "43-20-6. (a) The board shall have the responsibility and duty of administering and enforcing this chapter. The board shall be responsible for preparing the examinations required by this chapter; and the division director shall assist the board in carrying out this chapter. The board shall have the power to establish and to revise minimal procedure and equipment requirements which shall be used in the dispensing of hearing aids. (b) The board shall: (1) Authorize, with the advice of the division director, all disbursements necessary to carry out this chapter and the rules and regulations promulgated by the board; THURSDAY, MARCH 12, 2009 1957 (2)(1) Supervise the issuance of licenses and administer qualifying examinations; (3)(2) License persons who make proper application to the division director and who meet the qualifications for licensure; (4) Purchase and maintain or rent facilities necessary to carry out the examination of applicants as provided in this chapter; (5)(3) Issue and renew licenses; (6)(4) Suspend, revoke, or otherwise sanction licenses in the manner provided in this chapter; (7)(5) Appoint representatives to conduct or supervise examinations; and (8)(6) Provide to each licensed dealer Make available to the public a copy of this chapter, any amendments thereto, and all adopted rules. (c) The division director shall be guided by the recommendations of the board in all matters relating to this chapter and shall assist the board in carrying out this chapter. (d) In the administration and enforcement of this chapter, the board shall have the power to adopt reasonable rules and regulations not inconsistent with this chapter and the Constitution and laws of this state or of the United States for governing its times and places of meetings; for organization and reorganization; for the holding of examinations; for governing all other matters requisite to the exercising of its powers; for the performance of its duties relating to examinations; for granting, suspending, revoking, or otherwise sanctioning licenses; and for the transaction of its business under this chapter. (e) The board may provide, by regulation, for the general scope of the examination described in Code Section 43-20-9. The board may approve the examination and obtain advice and assistance in providing for and grading such examination; and the division director may contract with third parties to perform administrative services related to the examination as he or she deems appropriate." SECTION 22. Said title is further amended by revising subsection (b) of Code Section 43-20-8, relating to issuance of licenses and fees relative to hearing aid dealers and dispensers, as follows: "(b) The board may issue a dispenser's license to an applicant only when the applicant has satisfactorily completed an a board approved examination administered under the direction of the board and when proof of age has been verified. The license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer." SECTION 23. Said title is further amended by revising Code Section 43-20-9, relating to qualifications, examinations, and apprentice dispensers relative to hearing aid dealers and dispensers, as follows: "43-20-9. (a) An applicant may obtain a license by successfully passing a qualifying board approved examination administered by the board, provided that the applicant: 1958 JOURNAL OF THE SENATE (1) Is at least 18 years of age; and (2) Is of good moral character. (b) The division director shall schedule at least four examinations each year, one of which will be in each calendar quarter. (c) The division director shall schedule every Every apprentice dispenser who has held the permit over 30 days shall be scheduled to stand for the written examination at every scheduled examination until all sections have been passed, the permit has been revoked by the board, or the permit has expired. The board shall have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to stand for the examination. The board shall also have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to pass the written portion of the examination on two occasions. The board may include the fee for an initial examination as a condition for approval of an applicant for an apprentice dispenser's permit. (d) Each applicant desiring to become licensed as a dispenser, other than holders of apprentice dispensers' permits, shall make application for examination to the division director, accompanied by the examination fee as provided by the board in its rules and regulations. (e) The qualifying examination shall be compiled by or at the direction of the board. (f)(c) The board shall establish uniform criteria for passing and failing candidates." SECTION 24. Said title is further amended by revising Code Section 43-20-12, relating to notice to division director of place of practice and identification of dispensers, apprentice dispensers, and trainees, and notice to holders of licenses and permits, as follows: "43-20-12. (a) A person holding a dealer's license shall notify the division director in writing of the regular addresses of places of business operated by the dealer for dispensing hearing aids. Furthermore, the dealer is required to notify the division director in writing as to the names and license or permit numbers of all dispensers, apprentice dispensers, and trainees employed or otherwise practicing at each of his or her places of business. The dealer is required to notify the division director in writing of any changes of the foregoing within seven calendar days of such change. Any failure shall be considered a violation of this chapter by the dealer. (b) Any notice required to be given by the division director or by the board to any person who holds a license or permit issued by the board shall be mailed to such licensee or permit holder by certified mail or statutory overnight delivery to the address of the place of practice last recorded with the division director; and such mailing shall constitute sufficient notice to such licensee." SECTION 25. Said title is further amended by revising subsection (a) of Code Section 43-23-8, relating to examination fee, issuance of licenses, biennial renewal of licenses, renewal fee, and THURSDAY, MARCH 12, 2009 1959 effect of nonpayment of check submitted as license fee relative to landscape architects, as follows: "(a) Every applicant for licensure as a landscape architect shall submit with his or her application for such licensure a fee in an amount established by the board, which shall be sufficient to cover the costs of examination. If the applicant successfully passes the examination and is otherwise qualified for licensure as a landscape architect, the board shall thereafter, upon payment of a license fee to be determined by the board, issue a license to the applicant, which shall be valid for up to two years and shall be renewable biennially. All licenses shall expire on the renewal date established by the division director. The biennial license renewal fees shall be an amount established by the board." SECTION 26. Said title is further amended by revising Code Section 43-28-9, relating to qualifications of license applicants and waiver relative to occupational therapists, as follows: "43-28-9. (a) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written an application, on forms provided by the board, showing to the satisfaction of the board that such applicant meets the following requirements: (1) Is of good moral character; (2) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist or occupational therapy assistant, such a program shall be accredited by a recognized accrediting agency acceptable to the board. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content; (3) Has successfully completed a period of supervised field work experience at a recognized educational institution or a training program accredited as provided in paragraph (2) of this Code section subsection. For an occupational therapist, a minimum of six months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two months of supervised field work experience is required; and (4) Has passed an examination as provided for in Code Section 43-28-10. (b) An applicant not meeting the requirements of subsection (a) of this Code section must indicate to the board that he or she has obtained a waiver of such requirements pursuant to Code Section 43-28-11." SECTION 27. Said title is further amended by revising subsection (e) of Code Section 43-29-7, relating to license requirements, qualifications of applicants, subjects to be listed on examination, 1960 JOURNAL OF THE SENATE and issuance and display of license relative to dispensing opticians, as follows: "(e) Applicants for examination may be examined by the board licensure may be required to pass a board approved examination upon matters pertaining to mathematics and physics, ophthalmic materials and laboratory technique, ophthalmic optics, ophthalmic dispensing, and practical subjects. When any applicant passes the necessary examination and meets the qualifications set out, the board shall issue a license to such person to practice the trade or occupation of dispensing optician." SECTION 28. Said title is further amended by revising Code Section 43-29-8, relating to examination, examination fee, and the effect of failure of two examinations relative to dispensing opticians, as follows: "43-29-8. (a) Examination of applicants for license to practice the trade or occupation of dispensing optician shall be made by the board according to the methods and covering subject matter deemed by the board to be the most practical and expeditious to test the applicant's specific job performance requirements. Such examinations shall be written. (b) There shall be paid to the division director by each applicant for a license an examination fee in an amount determined by the board, which fee shall accompany the application for examination. (c) Failure to pass a satisfactory examination shall not prevent any applicant from participating in subsequent examinations before the board upon complying with this chapter, but any applicant who has failed two examinations shall not be permitted to take any further examination for licensure under this chapter until such applicant has furnished sufficient proof of having taken such additional education and training as shall be required by the board." SECTION 29. Said title is further amended by revising Code Section 43-29-11, relating to continuing education requirement, waiver, and effect of failure to complete required course hours relative to dispensing opticians, as follows: "43-29.11. (a) Each person who holds a license as a dispensing optician shall be required to complete ten hours of continuing education prior to each renewal of such license. (b) With his or her application for license renewal, each licensed dispensing optician must shall submit a certificate or certificates of attendance for an affidavit of course hours completed as proof that his or her education requirements have been satisfied. The board shall give credit for any course given by any recognized national, regional, or state dispensing society or association if such course increases the education of a dispensing optician and is made available to all licensed opticians on a reasonably nondiscriminatory fee basis. The board may also approve, in accordance with the objectives of this chapter, other courses held within or outside of this state which are available to all persons on a reasonably nondiscriminatory fee basis. Any group of ten THURSDAY, MARCH 12, 2009 1961 or more licensed opticians may arrange for an educational course and request board approval thereof. Any such request shall be made at least 90 days prior to the proposed date of the course and shall include full details as to the contents of the course, the instructors, and the charge to be made for attendance, as well as any other information which the board may require. The board shall endeavor to act upon any request for approval at least 45 days prior to the proposed date therefor and shall thereupon notify all licensed opticians of the time, place, contents, and charges for any such approved course. The certificate of attendance affidavit required under this chapter Code section shall be issued to the optician upon completion of the approved course. Credit will shall be allowed on the basis of an hour for an hour. To receive one hour of credit, one must attend one full hour. No fractional hour credits will shall be allowed. (c) The board may waive the requirements of this Code section for any license period for any dispensing optician upon proof of such optician's hardship or disability, provided that such optician's license may be revoked upon failure of the licensee to complete the required number of hours, not to exceed 20 hours, of continuing education within 12 months immediately following renewal. (d) A dispensing optician failing to complete the course hours required under this Code section shall have his or her license restored upon proof of subsequent completion of required course hours and, except in the case of a waiver granted under subsection (c) of this Code section, upon payment of a penalty fee in an amount established by the board." SECTION 30. Said title is further amended by revising Code Section 43-33-9, relating to division director as secretary of board, subpoena power, service of process and documents, and official records as prim-facie evidence relative to physical therapists, as follows: "43-33-9. The division director shall be secretary of the board and shall perform such other administrative duties as may be prescribed by the board. In a contested case, the division director on behalf of the board shall have the power to subpoena, throughout the state, witnesses, designated documents, papers, books, accounts, letters, photographs, objects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office in Atlanta. All official records of the board or affidavits by the division director certifying the content of such records shall be prima-facie evidence of all matters required to be kept therein." SECTION 31. Said title is further amended by revising 43-35-12, relating to eligibility for license relative to podiatry practice, as follows: "43-35-12. A license to practice podiatric medicine shall be issued to any person who: (1) Is a graduate of an accredited college of podiatric medicine approved by the 1962 JOURNAL OF THE SENATE board; (2) Holds a doctoral degree or its equivalent; (3) Satisfactorily passes an examination prepared or approved a board approved examination, if an examination is required by the board; (4) Successfully completes postdoctoral training of no less than 12 months as a resident in podiatric medicine and surgery in a program or institution approved by, and in good standing with, the board; (5) Has attained the age of 21 years; (6) Is not disqualified to receive a license under the provisions of Code Section 4335-16; and (7) Pays the required fee to the board." SECTION 32. Said title is further amended by revising Code Section 43-35-14, relating to examination of applicants relative to podiatry practice, as follows: "43-35-14. The board shall examine applicants may require applicants to be examined upon the subjects required for the practice of podiatric medicine at least twice each year and shall use any method or procedure which the board deems necessary to test the applicant's qualifications to practice podiatric medicine. Any standardized examination which the board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the board shall administer may require." SECTION 33. Said title is further amended by revising subsections (a), (c), and (f) of Code Section 4338-6, relating to licenses, qualifications, criminal records, fingerprints, bond, insurance, or net worth affidavit, display of license, suspension, temporary permits, and license recognition agreements relative to private detectives and security agencies, as follows: "43-38-6. (a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section." "(c) The application for a license shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the applicant's full name, age, date and place of birth; residences and employment within the past five years, with the names and addresses of employers; present occupation; date and place of conviction or arrest for any crime, including the plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such THURSDAY, MARCH 12, 2009 1963 additional information as the board may require to investigate the qualifications, character, competency, and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, full face, taken within six months prior to the application; provided, however, that the board may waive the submission of fingerprints and photograph for any employee who has been employed by a person licensed under this chapter within the previous 12 months. The application shall contain such additional documentation as the board may prescribe by rule. The board shall have the discretion to deny a license to an applicant who fails to provide the information and supporting documentation required by this subsection." "(f) Notwithstanding any other provisions of this Code section, an applicant for a license shall agree in writing on the application that if such applicant makes a false statement in the application or if such applicant has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any license granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension." SECTION 34. Said title is further amended by revising subsections (d) and (g) of Code Section 43-38-7, relating to registration of armed employees, qualifications, continuing education, fingerprints, registration card, and suspension relative to private detectives and security agencies, as follows: "(d) The application for registration shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the employee's full name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other information as the board may require. The application for registration shall be accompanied by two sets of fingerprints of the employee and one photograph of the employee, two inches wide by three inches high, full face, taken within six months prior to the application. The board shall have discretion to deny registration to any individual when the information and supporting documentation required by this subsection are not provided." "(g) Notwithstanding any other provisions of this Code section, any person who is to be registered under this Code section shall agree in writing on the application that if such person to be registered makes a false statement in the application or if such person has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension." 1964 JOURNAL OF THE SENATE SECTION 35. Said title is further amended by revising Code Section 43-39-9, relating to examination of applicants and appeals relative to psychologists, as follows: "43-39-9. Examination of applicants for a license to practice psychology shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the applicant's qualifications. The board shall require the examination to be written or oral, or both, provided that in any written examination such applicant shall be designated by a number instead of the applicant's name so that the applicant's identity shall not be disclosed to the members of the board until the examination papers have been graded. Any unsuccessful candidate may, within 14 days of notice of failure and upon written request to the board, appeal to the board for review. Applicants shall take a board approved examination to test the applicant's qualifications. The application shall be written or oral or both." SECTION 36. Said title is further amended by revising subsections (d) and (l) of Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewal, training or test, supplemental licenses, bonds, insurance, suspension for conviction or false statement, and meetings relative to used motor vehicle and parts dealers, as follows: "(d) Each division may require either that within the preceding year the applicant has attended a training and information seminar approved by the division or that the applicant has passed a test approved by the division and administered by the division director. Such seminar or test, if required, shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Department of Revenue; and such other information as in the opinion of the division will promote good business practices. No seminar shall exceed one day in length." "(l) Each division may authorize the division director to issue a license when he or she has received the bond required by subsections (g) and (h) of this Code section, the proof of insurance required by subsection (k) of this Code section, and a fingerprint card for submission to the Georgia Crime Information Center and to the Federal Bureau of Investigation. Each completed application for a permanent license shall be reviewed by the appropriate division, which may deny licensure for any good reason under this chapter. Any other provision of law to the contrary notwithstanding, each applicant for a license pursuant to the provisions of this Code section shall agree in writing in the application that if the applicant makes a false statement on the application or if the criminal record check returned from the Georgia Crime Information Center or from the Federal Bureau of Investigation reveals a conviction of or an entry of a plea of nolo contendere to a crime involving the use of violence, a used motor vehicle, or illegal drugs; tax evasion or failure to pay taxes; any crime involving the illegal use or possession of a dangerous weapon; or any crime involving moral turpitude, then the THURSDAY, MARCH 12, 2009 1965 division shall be authorized to suspend the license without a prior hearing. The divisions shall each meet as needed, in their discretion. The board shall meet at least once each quarter and upon the call of the board chairperson for any special sessions." SECTION 37. Said title is further amended by revising subsection (a) of Code Section 43-50-31, relating to application for license, qualifications, determination as to admission or nonadmission to examination, and waiver relative to veterinarians and veterinary technicians, as follows: "(a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall include evidence, satisfactory to the board, that: (1) The applicant has attained the age of 18; (2) The applicant is of good moral character; (3) The applicant is a graduate of an accredited college or school of veterinary medicine or possesses an ECFVG certificate or its substantial equivalent; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his or her senior year if he or she meets the other qualifications but shall not be issued a license unless and until he or she graduates; and (4) The applicant meets such other qualifications or provides such other information as the board may require by rule." SECTION 38. 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 the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the applicable fees. After 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 39. Said title is further amended by revising Code Section 43-51-7, relating to examinations relative to treatment plant operators, as follows: "43-51-7. The board shall prepare examinations to Board approved examinations shall be used in determining the knowledge, ability, and judgment of applicants for certification as 1966 JOURNAL OF THE SENATE operators or laboratory analysts except for applications submitted prior to July 1, 2000, for Class IV level certifications. Such examinations shall be given at least six times annually." SECTION 40. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 41. 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 53, nays 0. SB 195, having received the requisite constitutional majority, was passed by substitute. THURSDAY, MARCH 12, 2009 1967 At 12:43 p.m. the President announced that the Senate would stand in recess until 1:15 p.m. At 1:15 p.m. Senator Tommie Williams, President Pro Tempore, called the Senate to order. Senator Butler of the 55th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. The Calendar was resumed. SB 211. By Senators Johnson of the 1st, Pearson of the 51st, Harbison of the 15th and Crosby of the 13th: 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 the general authority, duties, and procedure for state purchasing, so as to exempt certain purchases from having to go through the Department of Administrative Services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Balfour Brown Buckner Y Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson,L Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber 1968 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Y Powell Y Ramsey Y Reed Y Wiles Williams (PRS) On the passage of the bill, the yeas were 43, nays 0. SB 211, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st 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 for a limited period of time for the purchase of one eligible single-family residence; 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 repeal conflicting laws; and for other purposes. HB 289. By Representatives Chambers of the 81st, Houston of the 170th and Martin of the 47th: A BILL to be entitled an Act to provide a statement of legislative findings; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal Article 6 of Chapter 5, relating to the Georgia Courts THURSDAY, MARCH 12, 2009 1969 Automation Commission; to provide for outstanding contracts and obligations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th: A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 358. 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 taxation, so as to extend the periods of exemption for use of food for hunger relief purposes and use of food donated for disaster relief purposes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 7. By Senator Tarver of the 22nd: 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 purposes of presenting certain evidence to a committee or subcommittee of the General Assembly; to amend Article 4 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to perjury and related offenses, so as to change certain provisions relating to false swearing; to provide a short title; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 7: 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 purposes of presenting certain evidence to a committee or 1970 JOURNAL OF THE SENATE subcommittee of the General Assembly; to provide a short title; to authorize the recording of certain sworn testimony; to provide for certain criminal 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. This Act shall be known and may be cited as the "Truth in Testimony Act." SECTION 2. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly of Georgia, is amended by adding a new Code section to read as follows: "28-1-18. (a) The sanction of an oath or affirmation equivalent thereto may, at the discretion of the chairperson of any committee or subcommittee of the General Assembly, be made necessary to the receipt of any testimony by such committee or subcommittee in a meeting thereof. (b) The following oath shall be administered by the chairperson of the committee or subcommittee to a person providing testimony: 'Do you solemnly swear or affirm that the testimony you shall give before this committee (subcommittee) shall be the truth, the whole truth, and nothing but the truth, so help you God?' The chairperson is authorized to have such sworn testimony recorded. Only recorded statements shall be a basis for subjecting a witness before a legislative committee or subcommittee to the provisions of Code Section 16-10-71. (c) Any person who knowingly and willfully makes a false or fraudulent statement in any recorded statement before a legislative committee or subcommittee that is: (1)(A) In response to a specific question directed to such person by a member of the General Assembly; or (B) A statement upon which a member of such committee or subcommittee might reasonably be expected to rely in determining whether to offer, modify, or vote for or against a bill or proposed legislation; and (2) Made after an oath that substantially complies with the language of this Code section has been administered shall be guilty of false swearing and shall be subject to any penalties therefor prescribed by Code Section 16-10-71. (d) Any person whose speech or debate is privileged under Article III, Section IV, Paragraph IX of the Constitution shall not be subject to this Code section." 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. THURSDAY, MARCH 12, 2009 1971 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 50, nays 1. Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) SB 7, having received the requisite constitutional majority, was passed by substitute. Senator Brown of the 26th was excused for business outside the Senate Chamber. SB 222. By Senators Unterman of the 45th, Hill of the 4th, Williams of the 19th, Grant of the 25th and Goggans of the 7th: A BILL to be entitled an Act to amend various titles of the O.C.G.A. so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to provide for a board for each agency; to reconstitute the Board of Community Health; to abolish the Board of Human Resources; to establish the position of State Health Officer; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1972 JOURNAL OF THE SENATE The Senate Government Oversight Committee offered the following substitute to SB 222: A BILL TO BE ENTITLED AN ACT To amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to provide for a board for each agency; to reconstitute the Board of Community Health; to abolish the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I Department of Health. SECTION 1-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising and redesignating Chapter 5A, relating to the Department of Community Health, and revising Chapter 2, relating to the Department of Human Resources, as follows: "CHAPTER 2 31-5A-1. 31-2-1. Given the growing concern and complexities of health issues in this state, it is the intent of the General Assembly to create a Department of Community Health dedicated to health issues. Recognizing that the manner in which health care is currently administered at the state level is fragmented and often unresponsive to health care issues, the new department is created for the following purposes The Department of Health shall safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to: (1) To serve Serve as the lead planning agency for all health issues in the state to remedy the current situation wherein the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies; (2) To permit Permit the state to maximize its purchasing power and to administer its operations in a manner so as to receive the maximum amount of federal financial participation available in expenditures of the department inasmuch as the state now THURSDAY, MARCH 12, 2009 1973 has none of its health care purchasing coordinated; (3) To minimize Minimize duplication and maximize administrative efficiency in the state's health care systems by removing overlapping functions and streamlining uncoordinated programs; (4) To allow Allow the state to develop a better health care infrastructure that is more responsive to the consumers it serves while improving access to and coverage for health care; and (5) To focus Focus more attention and departmental procedures on the issue of wellness, including diet, exercise, and personal responsibility; (6) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (7) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (8) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (9) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (10) Procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (11) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense, emergency preparedness, and emergency response; (12) Prevent, detect, and relieve physical defects and deformities; (13) Promote the prevention, early detection, and control of problems affecting the dental and oral health of the citizens of Georgia; (14) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (15) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (16) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; 1974 JOURNAL OF THE SENATE (17) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (18) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his or her inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests the services authorized in this paragraph, or the individual for whom the laboratory services authorized in this paragraph are performed, shall be responsible for payment of the service fees. As used in this paragraph, the term 'individual' means a natural person or his or her responsible health benefit policy or Title XVIII, XIX, or XXI of the federal Social Security Act of 1935. 31-5A-2. 31-2-2. Notwithstanding the provisions of Code Section 31-1-1, as As used in this chapter, the term: (1) 'Board' means the State Board of Community Health established under Code Section 31-5A-3 31-2-3. (2) 'Commissioner' means the commissioner of community health established under Code Section 31-5A-6 31-2-6. (3) 'Department' means the Department of Community Health established under Code Section 31-5A-4 31-2-4. (4) 'Department divisions' means the Division of Health Planning, Division of Medical Assistance, Division of Public Employee Health Benefits, and any other division of the department established by the board. (5) 'Division of Health Planning' means the Division of Health Planning established as such pursuant to paragraph (1) of subsection (b) of Code Section 31-5A-4. (6) 'Division of Medical Assistance' means the Division of Medical Assistance established as such pursuant to paragraph (2) of subsection (b) of Code Section 315A-4. (7) 'Division of Public Employee Health Benefits' means the Division of Public Employee Health Benefits established as such pursuant to paragraph (3) of subsection (b) of Code Section 31-5A-4. (8)(4) 'Predecessor agency or unit' means the State Personnel Board, solely with respect to actions regarding the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of THURSDAY, MARCH 12, 2009 1975 Regulatory Services of the Department of Human Resources. (9)(5) 'State health benefit plan' means the health insurance plan authorized under Article 1 of Chapter 18 of Title 45 and Part 6 of Article 17 of Chapter 2 of Title 20. (10)(6) 'State Personnel Board' means the board established under Article IV, Section III of the Constitution. 31-5A-3. 31-2-3. (a) There is created the State Board of Community Health, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Medical Assistance Community Health as they existed on June 30, 1999 2009, with regard to the Department of Medical Assistance, and the powers, functions, and duties of the State Personnel Board as they existed on June 30, 1999, with regard to the state health benefit plan, are transferred to the State Board of Community Health effective July 1, 1999 2009, and the Board of Community Health as it existed on June 30, 2009 shall be reconstituted as the Board of Health effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Board members in office on June 30, 2009, shall serve out the remainder of their respective terms and successors to these board seats shall be appointed in accordance with this Code section. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards. 31-5A-4. 31-2-4. (a)(1) The Department of Community Health is created and established to perform the functions and assume the duties and powers exercised on June 30, 1999 2009, by the State Personnel Board solely with respect to the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of 1976 JOURNAL OF THE SENATE Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources, unless specifically transferred to the Department of Human Services, and such department, division, and office shall be reconstituted as the Department of Health effective July 1, 2009. The department shall also assume retain powers and responsibility with respect to the expenditure of any funds appropriated to the department including, without being limited to, funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies, State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, V19/246 (Fulton County Superior Court, December 9, 1998). (b) The divisions of the department shall be as follows: (1) The Health Planning Agency, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Health Planning within the department; (2) The Department of Medical Assistance, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Medical Assistance within the department; (3) The Health Benefit Services Division of the State Merit System of Personnel Administration, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Public Employee Health Benefits within the department; and (4) Such other divisions as the board may establish within the department. (c)(2) The executive director of the Health Planning Agency Division of Public Health in office on June 30, 1999 2009, the commissioner of medical assistance in office on June 30, 1999, and the director of the Health Benefit Services Division of the State Merit System of Personnel Administration Office of Regulatory Services in office on June 30, 1999 2009, shall become directors of the respective divisions division or office which those predecessor agencies or divisions units have become on and after July 1, 1999 2009, and until such time as the commissioner appoints other directors of such divisions or units. (d)(b)(1) There is created in the department the Office of Women's Health. Attached to the office shall be an 11 member advisory council. The members of the advisory council shall be appointed by the Governor and shall be representative of major public and private agencies and organizations in the state and shall be experienced in or have demonstrated particular interest in women's health issues. Each member shall be appointed for two years and until his or her successor is appointed. The members shall be eligible to succeed themselves. The council shall elect its chairperson from among the councilmembers for a term of two years. The Governor may name an honorary chairperson of the council. (2) The Office of Women's Health shall serve in an advisory capacity to the Governor, the General Assembly, the board, the department, and all other state agencies in matters relating to women's health. In particular, the office shall: (A) Raise awareness of women's nonreproductive health issues; THURSDAY, MARCH 12, 2009 1977 (B) Inform and engage in prevention and education activities relating to women's nonreproductive health issues; (C) Serve as a clearing-house for women's health information for purposes of planning and coordination; (D) Issue reports of the office's activities and findings; and (E) Develop and distribute a state comprehensive plan to address women's health issues. (3) The Office of Women's Health shall have a full-time executive director appointed by the commissioner and shall be provided with staff personnel, office and meeting facilities, and other necessary items by the department. The council shall meet upon the call of its chairperson, the board, or the commissioner. (e)(c) The board of regents Board of Regents of the University System of Georgia is authorized to contract with the department for health benefits for members, employees, and retirees of the board of regents and the dependents of such members, employees, and retirees and for the administration of such health benefits. The department is also authorized to contract with the board of regents for such purposes. (f)(d) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician workforce issues; (3) Is authorized to convene at least quarterly a state agency coordinating committee comprised of the commissioners, directors, chairpersons, or their designees, of the following agencies involved in health related activities: the Department of Human Resources, including the Division of Public Health, the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, and the Division of Aging Services thereof, the Department of Juvenile Justice, the Department of Corrections, the Insurance Department, the State Merit System of Personnel Administration, the State Board of Workers' Compensation, and the Governor's Office of Planning and Budget. The board of regents may also designate a person to serve on the coordinating committee. The committee will convene for the purposes of planning and coordinating health issues that have interagency considerations. The commissioner of the department will serve as the chairperson of the state agency coordinating committee and will report to the Governor the activities, findings, and recommendations of the committee; (4) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state; (5) Shall study and recommend any additional functions needed to carry out the 1978 JOURNAL OF THE SENATE purposes of the department, including the creation of a consumer medical advocate. Such recommendations shall be made to the Governor and General Assembly by December 31, 1999; (6)(4) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities; (7)(5) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes; and (8)(6) Is authorized to award grants, as funds are available, to hospital authorities and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and 31-794.1.; (7) Shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for such purposes of the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited. 31-5A-5. 31-2-5. (a) To assist in the transition of functions, until July 1, 2000, the State Merit System of Personnel Administration shall perform payroll, accounting, and purchasing services and other general support services on behalf of the Division of Public Employee Health Benefits. (b) All persons employed in a predecessor agency or unit on June 30, 1999 2009, shall, on July 1, 1999 2009, become employees of the department within the division which such predecessor agency has become. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 1999 2009, THURSDAY, MARCH 12, 2009 1979 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, 1999 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, 1999 2009. Accrued annual and sick leave possessed by said employees on June 30, 1999 2009, shall be retained by said employees as employees of the department. (c)(b)(1) The department shall conform to federal standards for a merit system of personnel administration in any respects necessary for receiving federal grants, and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. (2) The department is authorized to employ, on a full-time or part-time basis, such medical, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary. (3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules of the State Personnel Board. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. (d)(c) The department shall succeed to all rules, regulations, policies, procedures, and administrative orders of the predecessor agencies agency or unit which were in effect on June 30, 1999 2009, or scheduled to go into effect on or after July 1, 1999 2009, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. Rules of the department shall be adopted, promulgated, and implemented as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only the Division of Health Planning rules promulgated pursuant to Chapter 6 of this title shall be subject to the provisions of Code Section 316-21.1. (e)(d) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 1999 2009, by any 1980 JOURNAL OF THE SENATE predecessor agency or unit and which pertain to the functions transferred to the department by this chapter 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. In all such instances, the Department of Community Health shall be substituted for the predecessor agency or unit, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (e) On July 1, 2009, the department shall receive custody of the state owned real property in the custody of the predecessor agency or unit on June 30, 2009, and which pertains to the functions transferred to the department by this chapter. (f)(1) The Governor is authorized to transfer to the Division of Public Employee Health Benefits of the department, by executive order, employees of the State Merit System of Personnel Administration who were performing functions for the Health Benefit Services Division of that system on June 30, 1999, whether or not they were also performing functions other than functions for that division. Employees so transferred shall become employees of the Division of Public Employee Health Benefits of the department. (2) The commissioner is authorized to transfer department employees from one division to another division within the department. 31-5A-6. 31-2-6. (a) There is created the position of commissioner of community health. The commissioner shall be the chief administrative officer of the department and shall be subject to appointment and removal by the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (b) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department. 31-2-1. The Department of Human Resources is created and established to safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to: (1) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (2) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (3) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the THURSDAY, MARCH 12, 2009 1981 rental and service of portable chemical toilets; (4) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (5) Manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial purposes, when expressly authorized and shown on the minutes of the department; to procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (6) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense; (7) Detect and relieve physical defects and deformities and provide treatment for mental and emotional disorders and infirmities; (8) Promote the prevention, early detection, and control of problems affecting the dental health of the citizens of Georgia; (9) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (10) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (11) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; (12) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (13) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests services authorized in this Code section shall pay the fee. As used in this Code section, the term 'individual' means a natural person. 1982 JOURNAL OF THE SENATE 31-2-2. 31-2-7. The department is designated and empowered as the agency of this state to apply for, receive, and administer grants and donations for health purposes from the federal government and from any of its departments, agencies, and instrumentalities; from appropriations of the state; and from any other sources in conformity with law, including but not limited to Code Section 49-4-152. The department shall have the authority to prescribe the purposes for which such funds may be used in order to: (1) Provide, extend, and improve maternal and child health services; (2) Locate children already crippled disabled or suffering from conditions leading to crippling a disability and provide for such children medical, surgical, corrective, and other services and to provide for facilities for diagnosis, hospitalization, and aftercare; (3) Advance the prevention and control of cancer and of venereal, tubercular, and other diseases; (4) Forestall and correct conditions that, if left to run their course, could be injurious to health; (5) Conduct programs which lie within the scope and the power of the department relating to industrial hygiene, control of ionizing radiation, occupational health, water quality, water pollution control, and planning and development of water resources; (6) Administer grants-in-aid to assist in the construction of publicly owned and operated general and special medical facilities; (7) Conduct programs: (A) Relating to chronic illness; (B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and (C) Relating to the mental and physical health of the people of this state which are appropriate to the purpose of the department; and (8) Develop the health aspects of civil defense emergency preparedness and emergency response. When a plan is required to be approved by any department, agency, or instrumentality of the federal government as condition precedent to the making of grants for health purposes, the department, as agent of this state, is directed to formulate, submit, and secure approval of that plan and thereafter, upon its approval and the receipt of funds payable thereunder, to carry the plan into effect in accordance with its terms, applying thereto the funds so received as well as other applicable amounts from whatever source. 31-2-3. 31-2-8. The department, from time to time, shall make or cause to be made studies and surveys to determine the quality, scope, and reach of its programs. 31-2-4. 31-2-9. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such THURSDAY, MARCH 12, 2009 1983 rules and regulations shall be adapted to the purposes intended, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department as follows: (1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of facilities may only be approved by the State Board of Human Resources Health and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. This subsection shall not apply to rules adopted by the department pursuant to Code Section 31-6-21.1. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board. 31-2-5. 31-2-10. Actions at law and in equity against the department, the board, or any of its members predicated upon omissions or acts done in their official capacity or under color thereof 1984 JOURNAL OF THE SENATE shall be brought in the appropriate county; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent. 31-2-6. 31-2-11. (a) This Code section shall be applicable to any agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20; and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has: (1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provisions provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provisions provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license, permit, registration, or commission for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or THURSDAY, MARCH 12, 2009 1985 ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not those sanctions are actually imposed; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d)(1) With respect to any facility classified as a nursing facility, nursing home, or intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which: (A) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B); or (B) Such facility has been served formal notice of intent to take such a sanction which the Department of Community Health department based on administrative review or any other appropriate body based on administrative or judicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department. (3) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended. (4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, nothing contained in said paragraphs (2) and (3) of this subsection shall be construed as requiring the state survey agency to act in violation of applicable federal law, regulations, and guidelines. (e) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, 1986 JOURNAL OF THE SENATE revocation, or suspension of a license. (f) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein, and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (g) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (h) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (i) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (j) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (k) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (l) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (m) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, THURSDAY, MARCH 12, 2009 1987 those other provisions shall apply. (n) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section. 31-2-7. 31-2-12. (a) As used in this Code section, the term: (1) 'Chamber system' means a system of chambers with each chamber being a molded polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall soil areas. Chambers may be of different sizes and configurations to obtain desired surface areas. (2) 'Conventional system' means a system traditionally used composed of perforated pipe surrounded by gravel or stone masking for the infiltration of effluent into adjoining bottom and side soil areas. (3) 'On-site sewage management system' means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. Such term shall include, without limitation, conventional and chamber septic tank systems, privies, and experimental and alternative on-site sewage management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department. (4) 'Prior approved system' means only a chamber system or conventional system or component of such system which is designed to be physically incapable of a surface discharge of effluent and which was properly approved pursuant to subparagraph (a)(2)(B) of this Code section, as such Code section became law on April 19, 1994, for use according to manufacturers' recommendations, prior to April 14, 1997. (5) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components. (b) The Department of Human Resources department shall have the authority as it deems necessary and proper to adopt state-wide regulations for on-site, sewage management systems, including but not limited to experimental and alternative systems. The department is authorized to require that any such on-site sewage management system be examined and approved prior to allowing the use of such system in the state; provided, however, that any prior approved system shall continue to be approved for installation in every county of the state pursuant to the manufacturer's recommendations, including sizing of no less than 50 percent of trench length of a conventional system designed for equal flows in similar soil conditions. Upon written request of one-half or more of the health districts in the state, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable 1988 JOURNAL OF THE SENATE expenses of such examination. (c)(1) This subsection shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county, municipality, or state agency may require any certified septic tank installer or certified septic tank pumper who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes. (2) In order to protect the public from damages arising from any work by a certified septic tank installer or certified septic tank pumper, which work fails to comply with any state construction codes or with the ordinances or building and construction codes adopted by any county or municipal corporation, any such certified septic tank installer or certified septic tank pumper may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the local county or municipal health department. Such bond shall be conditioned upon all work done or supervised by such certificate holder complying with the provisions of any state construction codes or any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said certificate holder's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the certified septic tank installer or certified septic tank pumper shall file a copy of the bond with the county or municipal health department in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13. (d) This Code section does not restrict the work of a plumber licensed by the State Construction Industry Licensing Board to access any on-site sewage management system for the purpose of servicing or repairing any plumbing system or connection to the on-site sewage management system. 31-2-8. 31-2-13. Until July 1, 2012, the department shall provide by rule or regulation for the regulation of any land disposal site that receives septic tank waste from only one septic tank THURSDAY, MARCH 12, 2009 1989 pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department (previously known as the Department of Human Resources for these purposes) under this Code section. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012. 31-2-9. (a) The General Assembly makes the following findings: (1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health of the Department of Human Resources. (c) The injury prevention section, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the department's Division of Aging Services, Division of Family and Children Services, and Division of Mental Health, Developmental Disabilities, and Addictive Diseases, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the Department of Human Resources in reviewing suicide death scene investigations; 1990 JOURNAL OF THE SENATE (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external cause of injuries; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding. 31-2-14. (a) As used in this Code section, the term: (1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses: (A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the THURSDAY, MARCH 12, 2009 1991 charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; or (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: (A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means fingerprints 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 and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. 1992 JOURNAL OF THE SENATE (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other THURSDAY, MARCH 12, 2009 1993 claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of Title 49 or Article 11 of Chapter 7 of this title. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section. 31-5A-7. 31-2-15. Performance and outcome data and pricing data for selected medical conditions, surgeries, and procedures in hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers in Georgia shall be reported to the Department of Community Health on a regular basis. The department shall provide for the establishment of a website for the purpose of providing consumers information on the cost and quality of health care in Georgia to include but not be limited to cost comparison information on certain prescription drugs at different pharmacies in Georgia, hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers and facilities in Georgia. 31-5A-8. 31-2-16. (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. (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 or development, manufacturing, or 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 1994 JOURNAL OF THE SENATE (iii) That employs at least 200 Georgia citizens residents. Such term shall not mean a warehouse used to store health care products. (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 low-income individuals through patient assistance programs. (b) The Department of Community Health shall expedite the review of 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 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. 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 subsection shall apply to all contracts entered into or renewed by the Department of Health or its predecessor, the Department of Community Health, on or after July 1, 2008. (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." SECTION 1-2. Said title is further amended by revising Code Section 31-1-1, relating to definitions relative to health generally, as follows: "31-1-1. Except as specifically provided otherwise, as used in this title, the term: (1) 'Board' means the State Board of Human Resources Health. (2) 'Commissioner' means the commissioner of human resources health. (3) 'Department' means the Department of Human Resources Health." SECTION 1-3. Said title is further amended by adding a new Code section to read as follows: "31-1-10. (a) The position of State Health Officer is created. The commissioner of health or the director of the Division of Public Health of the Department of Health shall be the State THURSDAY, MARCH 12, 2009 1995 Health Officer, as designated by the Governor. (b) The State Health Officer shall perform such health emergency preparedness and response duties as assigned by the Governor." SECTION 1-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Community Health" wherever it occurs with "Department of Health": (1) Code Section 9-2-21, relating to parties to actions to torts and notice to the Department of Community Health for a party who has received medical assistance benefits; (2) Code Section 19-10A-2, relating to the definition of the term "medical facility" for purposes of the "Safe Place for Newborns Act of 2002"; (3) Code Section 19-11-27, relating to accident and sickness insurance coverage for children; (4) Code Section 20-3-476, relating to authorization and administration of loan program for attendance at Colleges of Osteopathic Medicine; (5) Code Section 20-3-511, relating to employment of staff and director for the State Medical Education Board; (6) Code Section 20-3-513, relating to determination of amount of a medical loan or scholarship by the State Medical Education Board; (7) Code Section 20-3-516, relating to funds for medical loans or scholarships; (8) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (9) Code Section 25-2-13, relating to buildings presenting special hazards to persons or property; (10) Code Section 26-4-115.1, relating to requirement that certain wholesale distributors of controlled substances and dangerous drugs provide price and quantity information; (11) Code Section 26-4-118, relating to the Pharmacy Audit Bill of Rights; (12) Code Section 31-6-2, relating to definitions relative to state health planning and development; (13) Code Section 31-6-21, relating to the Department of Community Health generally relative to state health planning and development; (14) Code Section 31-6-47, relating to exemptions from certificate of need requirements; (15) Code Section 31-7-1, relating to definitions relative to regulation of hospitals and related institutions; (16) Code Section 31-7-75, relating to the functions and powers of hospital authorities; (17) Code Section 31-7-94, relating to grants to hospital authorities; (18) Code Section 31-7-94.1, relating to the "Rural Hospital Assistance Act"; (19) Code Section 31-7-95, relating to funding of medical education provided by hospital authorities and designated teaching hospitals; 1996 JOURNAL OF THE SENATE (20) Code Section 31-7-150, relating to definitions relative to home health agencies; (21) Code Section 31-7-250, relating to definitions relative to facility licensing and employee records checks; (22) Code Section 31-7-280, relating to annual health care provider reports; (23) Code Section 31-7-300, relating to definitions relative to private home care providers; (24) Code Section 31-7-354, relating to authority to enforce laws relating to nursing homes employee records checks; (25) Code Section 31-7-400, relating to definitions relative to hospital acquisition; (26) Code Section 31-8-46, relating to investigation of violations by a hospital; (27) Code Section 31-8-106, relating to information to be provided to residents upon admission into a long-term care facility; (28) Code Section 31-8-151, relating to definitions relative to the Indigent Care Trust Fund; (29) Code Section 31-8-162, relating to definitions relative to nursing home provider fees; (30) Code Section 31-8-171, relating to definitions relative to quality assessment fees on care management organizations; (31) Code Section 31-8-192, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act"; (32) Code Section 31-11-81, relating to definitions relative to emergency services; (33) Code Section 31-16-7, relating to reuse of kidney dialyzers; (34) Code Section 31-18-3, relating to reporting procedures for traumatic brain and spinal cord injuries; (35) Code Section 31-20-1, relating to definitions relative to performance of sterilization procedures; (36) Code Section 31-21-5, relating to incineration or cremation of dead body or parts thereof; (37) Code Section 31-34-8, relating to funding under the "Physicians for Rural Areas Assistance Act"; (38) Code Section 31-43-3, relating to the Commission on Men's Health; (39) Code Section 33-19-10, relating to limitation on hospitals with which nonprofit hospital service corporations are authorized to contract; (40) Code Section 33-20A-31, relating to definitions relative to the "Patient's Right to Independent Review Act"; (41) Code Section 33-21-29, relating to point-of-service option for persons offered health care coverage through a health maintenance organization; (42) Code Section 33-21A-2, relating to definitions relative to Medicaid care management organizations; (43) Code Section 33-21A-3, relating to certificates of authority for care management organizations; (44) Code Section 33-21A-4, relating to reimbursement for emergency health care services; THURSDAY, MARCH 12, 2009 1997 (45) Code Section 33-21A-5, relating to requirements relating to critical access hospitals; (46) Code Section 33-21A-6, relating to coverage for newborn infants until discharged from inpatient care; (47) Code Section 33-21A-7, relating to bundling of provider complaints and appeals; (48) Code Section 33-21A-8, relating to participation by dentists; (49) Code Section 33-21A-9, relating to submission and payment of claims; (50) Code Section 33-21A-11, relating to hospital statistical and reimbursement reports from care management organizations; (51) Code Section 33-24-56.1, relating to reimbursement of medical expense or disability benefit providers in personal injury cases; (52) Code Section 33-45-3, relating to certificate of authority requirement for operation of continuing care facilities; (53) Code Section 36-42-3, relating to definitions relative to the "Downtown Development Authorities Law"; (54) Code Section 37-2-6.1, relating to community service boards; (55) Code Section 40-2-86.8, relating to special license plates supporting breast cancer related programs for the medically indigent; (56) Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations; (57) Code Section 42-5-2, relating to responsibilities of governmental unit with custody of inmate generally; (58) Code Section 42-5-54, relating to information from inmates relating to medical insurance; (59) Code Section 43-1B-6, relating to entities excepted from prohibitions as to financing and referrals; (60) Code Section 43-34-24.1, relating to the Composite State Board of Medical Examiners as an independent agency; (61) Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse; (62) Code Section 43-34-27, relating to license requirement for persons engaged in practice of medicine; (63) Code Section 44-14-470, relating to liens on causes of action accruing to injured persons for costs of care and treatment of injuries arising out of such causes of action; (64) Code Section 45-18-15, relating to rules and regulations for the administration of the state employees' health insurance plan; (65) Code Section 45-18-100, relating to definitions relative to the Georgia Retiree Health Benefit Fund; (66) Code Section 45-18-102, relating to responsibilities, duties, and powers of the department, board, and commissioner of community health with regard to the Georgia Retiree Health Benefit Fund; (67) Code Section 49-4-6, relating to reserves, income, and resources to be 1998 JOURNAL OF THE SENATE disregarded in determining eligibility for public assistance; (68) Code Section 49-4-141, relating to definitions relative to Medicaid; (69) Code Section 49-4-142, relating to the authorization of the Department of Community Health to adopt and administer a state plan for medical assistance; (70) Code Section 49-4-146, relating to time for action on Medicaid claim; (71) Code Section 49-4-146.3, relating to forfeiture of property and proceeds obtained through Medicaid fraud; (72) Code Section 49-4-147, relating to enforcement of liens, claims, or offsets against assistance; (73) Code Section 49-4-147.2, relating to noneligibility of Department of Community Health to obtain nor be liable for interest on orders, judgments, and liquidated or unliquidated amounts; (74) Code Section 49-4-148, relating to recovery of assistance from third party liable for sickness, injury, disease, or disability; (75) Code Section 49-4-149, relating to lien of Department of Community Health against third parties; (76) Code Section 49-4-149.1, relating to submission by the Department of Community Health of plan for family supplementation of Medicaid payments upon federal removal of restrictions; (77) Code Section 49-4-150, relating to regulations as to maintenance and use of records; (78) Code Section 49-4-151, relating to obtaining information for investigations and audits; (79) Code Section 49-4-152, relating to research and demonstration projects under Medicaid; (80) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; (81) Code Section 49-4-156.1, relating to reimbursement of services rendered under Article 5 of Chapter 6 of Title 49, relating to community care for the elderly; (82) Code Section 49-4-157, relating to construction of Article 7 of Chapter 4 of Title 49 with the federal Social Security Act; (83) Code Section 49-4-161, relating to definitions relative to the "Georgia Longterm Care Partnership Program Act"; (84) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program; (85) Code Section 49-4-169.1, relating to definitions relative to therapy services for children with disabilities; (86) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; (87) Code Section 49-5-272, relating to definitions relative to the PeachCare for Kids Program; (88) Code Section 49-10-1, relating to the Georgia Board for Physician Workforce; (89) Code Section 50-13-9.1, relating to variances or waivers to agency rules; THURSDAY, MARCH 12, 2009 1999 (90) Code Section 50-26-19, relating to financing acquisition, construction, and equipping of health care facilities; (91) Code Section 51-2-5.1, relating to the relationship between hospital and health care provider prerequisite to liability; and (92) Code Section 52-7-14, relating to collisions, accidents, and casualties relative to watercraft. SECTION 1-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Community Health" wherever it occurs with "State Board of Health": (1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; (2) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (3) Code Section 31-6-2, relating to definitions relative to state health planning and development; (4) Code Section 31-6-21, relating to the Department of Community Health generally relative to state health planning and development; (5) Code Section 31-7-1, relating to definitions relative to regulation of hospitals and related institutions; (6) Code Section 31-8-155, relating to promulgation of rules and regulations for funding expansions of eligibility and indigent care programs; (7) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (8) Code Section 45-18-12, relating to the creation of a health insurance fund for the state employees' health insurance plan; (9) Code Section 45-18-100, relating to definitions relative to the Georgia Retiree Health Benefit Fund; (10) Code Section 49-4-141, relating to definitions relative to Medicaid; (11) Code Section 49-4-143, relating to the power of the Board of Community Health with respect to Medicaid; (12) Code Section 49-4-150, relating to regulations as to maintenance and use of records; (13) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; and (14) Code Section 49-5-272, relating to definitions relative to the PeachCare for Kids Program. SECTION 1-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of community health" wherever it occurs with "commissioner of health": (1) Code Section 20-2-880, relating to definitions relative to health insurance plans 2000 JOURNAL OF THE SENATE for public school teachers; (2) Code Section 20-2-896, relating to the administrative discharge of certain debts due the health insurance fund for public school teachers; (3) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (4) Code Section 20-2-924, relating to the administrative discharge of certain debts due the health insurance fund for public school employees; (5) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (6) Code Section 31-7-1, relating to definitions relative to regulation of hospitals and related institutions; (7) Code Section 31-21-5, relating to incineration or cremation of dead body or parts thereof; (8) Code Section 33-21A-3, relating to certificates of authority for care management organizations; (9) Code Section 43-34-24.1, relating to the Composite State Board of Medical Examiners as an independent agency; (10) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (11) Code Section 45-18-12, relating to the creation of a health insurance fund for the state employees' health insurance plan; (12) Code Section 45-18-13, relating to deposit of amounts from health insurance fund available for investment in trust account; (13) Code Section 45-18-15, relating to rules and regulations relative to the state employees' health insurance plan; (14) Code Section 45-18-16, relating to certification to departments and other entities of the state of employer payment percentage for the ensuing fiscal year; (15) Code Section 45-18-18, relating to the discharge of certain debts or obligations due the health insurance fund for employees of the state; (16) Code Section 45-18-100, relating to definitions relative to the Georgia Retiree Health Benefit Fund; (17) Code Section 49-4-144, relating to the chief administrative officer of the Department of Community Health; (18) Code Section 49-4-147, relating to enforcement of liens, claims, or offsets against assistance under Medicaid; (19) Code Section 49-4-148, relating to recovery of assistance from third party liable for sickness, injury, disease, or disability under Medicaid; (20) Code Section 49-4-150, relating to regulations as to maintenance and use of records relating to Medicaid; (21) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; and (22) Code Section 50-5-69, relating to purchases without competitive bidding by state agencies. THURSDAY, MARCH 12, 2009 2001 SECTION 1-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Health": (1) Code Section 4-4-69, relating to regulation of manufacture and use of disease vectors in livestock; (2) Code Section 4-10-10, relating to the joint regulation of the sale or transportation of exotic or pet birds; (3) Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful; (4) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of the state; (5) Code Section 12-3-9, relating to adoption and promulgation by the Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas; (6) Code Section 12-5-175, relating to fluoridation of public water systems; (7) Code Section 12-8-1, relating to notice of denial of individual sewage disposal permits; (8) Code Section 15-21-142, relating to the establishment of the Brain and Spinal Injury Trust Fund Commission; (9) Code Section 16-6-13.1, relating to testing for sexually transmitted diseases; (10) Code Section 16-12-141, relating to when abortion is legal; (11) Code Section 17-10-15, relating to AIDS transmitting crimes; (12) Code Section 19-3-41, relating to preparation by the Department of Human Resources of a marriage manual on family planning and other material; (13) Code Section 20-2-142, relating to prescribed courses in elementary and secondary schools on alcohol, tobacco, and drug use; (14) Code Section 20-2-143, relating to sex education and AIDS prevention instruction in elementary and secondary schools; (15) Code Section 20-2-144, relating to mandatory instruction in elementary and secondary schools concerning alcohol and drug use; (16) Code Section 20-2-770, relating to rules and regulations for nutritional screening and eye, ear, and dental examinations of students; (17) Code Section 20-2-771, relating to immunization of students in elementary and secondary education; (18) Code Section 20-2-772, relating to rules and regulations for screening of students for scoliosis; (19) Code Section 24-9-40, relating to when medical information may be released by a physician, hospital, health care facility, or pharmacist; (20) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (21) Code Section 25-3-6, relating to the effect of certain laws relating to local fire departments on the powers and duties of other officials and departments; 2002 JOURNAL OF THE SENATE (22) Code Section 26-2-371, relating to permits required for food service establishments; (23) Code Section 26-2-372, relating to the issuance of permits for food service establishments; (24) Code Section 26-2-373, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health for food service establishments; (25) Code Section 26-2-374, relating to contents and posting of notices relating to assistance to persons choking; (26) Code Section 26-2-375, relating to enforcement of laws regarding the regulation of food service establishments; (27) Code Section 26-2-376, relating to review of final order or determination by Department of Human Resources regarding regulation of a food service establishment; (28) Code Section 26-2-377, relating to penalties for violation of laws regarding the regulation of food service establishments; (29) Code Section 26-3-18, relating to assistance in enforcement from Department of Agriculture or Department of Human Resources with respect to standards, labeling, and adulteration of drugs and cosmetics; (30) Code Section 26-4-85, relating to patient counseling by a pharmacist; (31) Code Section 26-4-116, relating to emergency service providers with respect to dangerous drugs and controlled substances; (32) Code Section 26-4-172, relating to license requirements under the "Nuclear Pharmacy Law"; (33) Code Section 26-5-3, relating to definitions relative to the "Drug Abuse Treatment and Education Act"; (34) Code Section 31-1-3.2, relating to hearing screenings for newborns; (35) Code Section 31-3-4, relating to powers of county boards of health; (36) Code Section 31-3-11, relating to appointments of director and staff of county board of health; (37) Code Section 31-5-1, relating to adoption of rules and regulations by the Department of Human Resources and county boards of health; (38) Code Section 31-5-9, relating to injunctions for enjoining violations of the provisions of Title 31; (39) Code Section 31-5-20, relating to the definition of the term "inspection warrant" with respect to enforcement of certain public health laws; (40) Code Section 31-5-21, relating to persons who may obtain inspection warrants; (41) Code Section 31-7-133, relating to confidentiality of review organization's records; (42) Code Section 31-7-172, relating to definitions relative to hospice care; (43) Code Section 31-7-175, relating to the administration of the article of the "Georgia Hospice Law"; (44) Code Section 31-8-1, relating to the establishment and purpose of the Hospital THURSDAY, MARCH 12, 2009 2003 Care for the Indigent Program; (45) Code Section 31-8-36, relating to state appropriations to the Nonresident Indigent Health Care Fund; (46) Code Section 31-8-46, relating to investigation of violations by a hospital; (47) Code Section 31-8-193, relating to the establishment of a program to provide health care services to low-income recipients; (48) Code Section 31-9A-4, relating to information to be made available by the Department of Human Resources under the "Woman's Right to Know Act"; (49) Code Section 31-9A- 6, relating to reporting requirements under the "Woman's Right to Know Act"; (50) Code Section 31-10-1, relating to definitions relative to vital records; (51) Code Section 31-11-1, relating to findings of the General Assembly and declaration of policy with respect to emergency medical services; (52) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (53) Code Section 31-11-81, relating to definitions relative to emergency services; (54) Code Section 31-11-100, relating to definitions relative to the Georgia Trauma Care Network Commission; (55) Code Section 31-11-101, relating to the creation of the Georgia Trauma Care Network Commission; (56) Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission; (57) Code Section 31-11-110, relating to legislative findings relative to a system of certified stroke centers; (58) Code Section 31-12-1, relating to the power to conduct research and studies relative to the control of hazardous conditions, preventable diseases, and metabolic diseases; (59) Code Section 31-12A-9, relating to a continuing education program relative to the "Georgia Smokefree Air Act of 2005"; (60) Code Section 31-12A-10, relating to enforcement by the Department of Human Resources and county boards of health of the "Georgia Smokefree Air Act of 2005"; (61) Code Section 31-13-3, relating to definitions relative to the "Georgia Radiation Control Act"; (62) Code Section 31-13-4, relating to administration of state-wide radiation control program for radiation generating equipment; (63) Code Section 31-13-5, relating to the powers and duties of the Department of Human Resources and the Department of Natural Resources under the "Georgia Radiation Control Act"; (64) Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic medical uses of radioactive materials; (65) Code Section 31-13-9, relating to records of use of radiation sources and exposure of employees to radiation; (66) Code Section 31-13-10, relating to suspension, revocation, and amendment of 2004 JOURNAL OF THE SENATE license or registration of radiation generating equipment; (67) Code Section 31-13-11, relating to impounding and condemnation of radiation generating equipment and radioactive materials; (68) Code Section 31-13-12, relating to the license requirements under the "Georgia Radiation Control Act"; (69) Code Section 31-13-13, relating to penalties under the "Georgia Radiation Control Act"; (70) Code Section 31-13-23, relating to transfer of powers and duties between the Department of Natural Resources and the Department of Human Resources under the "Georgia Radiation Control Act"; (71) Code Section 31-14-2, relating to petition for commitment of a person who has active tuberculosis; (72) Code Section 31-14-9, relating to procedure for securing discharge of a person committed for active tuberculosis; (73) Code Section 31-15-2, relating to the establishment of a program for the prevention, control, and treatment of cancer; (74) Code Section 31-16-2, relating to the establishment of a program for the prevention, control, and treatment of kidney disease; (75) Code Section 31-17-2, relating to the report of diagnosis or treatment to health authorities of a case of venereal disease; (76) Code Section 31-17-3, relating to examination and treatment by health authorities for venereal disease; (77) Code Section 31-17-4.2, relating to HIV pregnancy screening; (78) Code Section 31-17A-2, relating to examination of persons infected or suspected of being infected with HIV; (79) Code Section 31-17A-3, relating to refusal to consent to an HIV test; (80) Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury Trust Fund Commission; (81) Code Section 31-21-25, relating to bonds required prior to receiving unclaimed bodies; (82) Code Section 31-22-2, relating to licenses to operate clinical laboratories; (83) Code Section 31-22-9.1, relating to who may perform HIV tests; (84) Code Section 31-22-9.2, relating to report of positive HIV tests; (85) Code Section 31-23-3, relating to hospitals or medical schools which may operate eye banks; (86) Code Section 31-24-4, relating to labeling of containers of blood under "The Blood Labeling Act"; (87) Code Section 31-26-2, relating to the requirement of a certificate to practice midwifery; (88) Code Section 31-27-2, relating to the requirement of a permit for a mass gathering; (89) Code Section 31-28-2, relating to issuance of permits to operate a tourist court; (90) Code Section 31-28-5, relating to standards for health, sanitation, and safety of THURSDAY, MARCH 12, 2009 2005 tourist courts; (91) Code Section 31-28-6, relating to inspection of premises of tourist courts; (92) Code Section 31-30-9, relating to effectiveness of chapter on reports on veterans exposed to agent orange; (93) Code Section 31-34-5, relating to service cancelable loans under the "Physicians for Rural Areas Assistance Act"; (94) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency providers; (95) Code Section 31-40-2, relating to issuance of permits for tattoo studios; (96) Code Section 31-40-5, relating to rules and regulations relative to tattoo studios; (97) Code Section 31-40-6, relating to enforcement of chapter regulating tattoo studios; (98) Code Section 31-40-8, relating to a public education program relative to tattoo studios; (99) Code Section 31-45-8, relating to inspections by the county board of health of public swimming pools; (100) Code Section 31-45-9, relating to suspension or revocation of permit for a public swimming pool; (101) Code Section 31-45-10, relating to rules and regulations relative to public swimming pools; (102) Code Section 31-45-11, relating to enforcement of rules and regulations relative to public swimming pools; (103) Code Section 31-46-4, relating to the Georgia Commission for Saving the Cure; (104) Code Section 33-24-59.7, relating to insurance coverage for the treatment of morbidly obese patients; (105) Code Section 33-29-3.2, relating to individual accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (106) Code Section 33-304.2, relating to group accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (107) Code Section 33-44-3, relating to the creation of the Georgia High Risk Health Insurance Plan; (108) Code Section 34-9-1, relating to definitions relative to workers' compensation; (109) Code Section 34-9-415, relating to testing under drug-free workplace programs; (110) Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (111) Code Section 36-62-2, relating to definitions relative to the "Development Authorities Law"; (112) Code Section 38-3-22, relating to the Governor's emergency management powers and duties; (113) Code Section 38-3-51, relating to emergency powers of the Governor; 2006 JOURNAL OF THE SENATE (114) Code Section 40-5-25, relating to applications for instruction permits and drivers' licenses; (115) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood relating to violations of driving under the influence of alcohol, drugs, or other intoxicating substances; (116) Code Section 42-1-7, relating to notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease; (117) Code Section 42-4-6, relating to confinement and care of tubercular inmates; (118) Code Section 42-4-32, relating to sanitation and health requirements for jails; (119) Code Section 43-10-6, relating to rules and regulations as to sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care; (120) Code Section 43-11-74, relating to direct supervision requirement of dental hygienists by a licensed dentist; (121) Code Section 43-14-2, relating to definitions relative to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; (122) Code Section 43-18-1, relating to definitions relative to the regulation of funeral directors and establishments, embalmers, and crematories; (123) Code Section 43-18-46, relating to grounds for denial or revocation of license or registration to operate a funeral establishment or to practice embalming or funeral directing; (124) Code Section 43-27-1, relating to definitions relative to nursing home administrators; (125) Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant; (126) Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse; (127) Code Section 43-34-103, relating to applications for utilization of physician's assistants; (128) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (129) Code Section 45-18-32, relating to administration of deferred compensation plans for employees of the state; (130) Code Section 46-11-4, relating to regulation of transportation of hazardous materials on public roads of the state generally; (131) Code Section 49-4-152.3, relating to reuse of unit dosage drugs under Medicaid; (132) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules by a state agency; (133) Code Section 50-18-72, relating to when public disclosure is not required under open records laws; (134) Code Section 50-18-76, relating to written matter exempt from disclosure THURSDAY, MARCH 12, 2009 2007 under vital records laws; and (135) Code Section 50-26-4, relating to definitions relative to the "Georgia Housing and Finance Authority Act." SECTION 1-8. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "State Board of Health": (1) Code Section 31-1-3.2, relating to hearing screenings for newborns; (2) Code Section 31-7-304, relating to fees on private home care providers; (3) Code Section 31-11-2, relating to definitions relative to emergency medical services; (4) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (5) Code Section 31-11-31.1, relating to license fees on ambulance services; (6) Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian cancer research program fund; (7) Code Section 31-22-1, relating to definitions relative to clinical laboratories; (8) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; and (9) Code Section 43-7-9, relating to general powers and duties of the State Board of Barbers. SECTION 1-9. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of health": (1) Code Section 8-2-24, relating to appointment of advisory committee relating to state building, plumbing, and electrical codes; (2) Code Section 12-5-524, relating to the creation of the Water Council; (3) Code Section 16-12-141, relating to when abortion is legal; (4) Code Section 16-12-141.1, relating to disposal of aborted fetuses; (5) Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State with respect to registration of voters; (6) Code Section 26-2-393, relating to enforcement of article relating to nonprofit food sales and food service; (7) Code Section 31-7-176.1, relating to determination or pronouncement of death of a patient in hospice care; (8) Code Section 31-8-32, relating to determination of indigency for hospital care for nonresidents; (9) Code Section 31-8-43, relating to determination of indigency for hospital care for pregnant women; (10) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to 2008 JOURNAL OF THE SENATE Know Act"; (11) Code Section 31-10-1, relating to definitions relative to vital records; (12) Code Section 31-11-2, relating to definitions relative to emergency medical services; (13) Code Section 31-11-36, relating to suspension or revocation of licenses for ambulance services; (14) Code Section 31-16-3, relating to functions of the Kidney Disease Advisory Committee; (15) Code Section 31-27-7, relating to emergency powers of the Governor regarding mass gatherings; (16) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency responders; (17) Code Section 31-36A-7, relating to petition for health care placement transfer, admission, or discharge order by health care facility; (18) Code Section 33-20B-3.1, relating to health maintenance organizations' expansion into rural areas; (19) Code Section 33-21-3, relating to grounds and procedure for issuance or denial of certificate of authority for a health maintenance organization; (20) Code Section 33-21-5, relating to suspension or revocation of certificate of authority for a health maintenance organization; (21) Code Section 33-21-15, relating to filing of annual reports by health maintenance organizations; (22) Code Section 33-21-17, relating to examinations of health maintenance organizations and providers; (23) Code Section 33-21-18, relating to adoption of rules and regulations generally relative to health maintenance organizations; (24) Code Section 33-21-20, relating to conduct of hearings generally relative to health maintenance organizations; (25) Code Section 33-21-21, relating to authority of commissioner of human resources to contract for making of recommendations required by health maintenance organizations laws; (26) Code Section 33-21-27, relating to enforcement of health maintenance organizations laws; (27) Code Section 38-2-10, relating to use of National Guard in drug law enforcement, provision of medical care in medically underserved areas, and for youth opportunity training programs; (28) Code Section 42-4-32, relating to sanitation and health requirements in jails generally; (29) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; (30) Code Section 43-1A-4, relating to the Occupational Regulation Review Council; (31) Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators; THURSDAY, MARCH 12, 2009 2009 (32) Code Section 43-45-3, relating to creation of the State Structural Pest Control Commission; (33) Code Section 45-9-73, relating to the creation of the Georgia Public School Personnel Indemnification Commission; and (34) Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission. SECTION 1-10. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of Title 31" wherever it occurs with "Chapter 2 of Title 31": (1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; (2) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (3) Code Section 33-20A-31, relating to definitions relative to the "Patient's Right to Independent Review Act"; (4) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (5) Code Section 49-4-141, relating to definitions relative to Medicaid; (6) Code Section 49-4-142, relating to the authorization of the Department of Community Health to adopt and administer a state plan for medical assistance; (7) Code Section 49-4-143, relating to the power of the Board of Community Health with respect to Medicaid; and (8) Code Section 49-4-144, relating to the chief administrative officer of the Department of Community Health. SECTION 1-11. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of this title" wherever it occurs with "Chapter 2 of this title": (1) Code Section 31-6-2, relating to definitions relative to state health planning and development; (2) Code Section 31-6-21, relating to the Department of Community Health generally under state health planning and development; (3) Code Section 31-7-94.1, relating to the "Rural Hospital Assistance Act;" (4) Code Section 31-8-151, relating to definitions relative to the indigent care trust fund; (5) Code Section 31-8-162, relating to definitions relative to nursing home provider fees; and (6) Code Section 31-8-171, relating to definitions relative to quality assessment fees on care management organizations. SECTION 1-12. The following Code sections of the Official Code of Georgia Annotated are amended by 2010 JOURNAL OF THE SENATE replacing "Code Section 31-2-6" wherever it occurs with "Code Section 31-2-11": (1) Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling units; (2) Code Section 31-7-2.1, relating to rules and regulations relative to regulation of hospitals and related institutions; (3) Code Section 31-7-302, relating to rules and regulations relative to private home care providers; (4) Code Section 31-8-60, relating to retaliation against a resident of a long-term care facility and prohibition against interference with the ombudsman; (5) Code Section 31-8-135, relating to hearings under the "Remedies for Residents of Personal Care Homes Act"; (6) Code Section 31-11-9, relating to enforcement of emergency medical services laws; and (7) Code Section 31-44-11, relating to the authority of the Department of Human Resources to deal with violations of renal disease facilities laws. SECTION 1-13. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-7" wherever it occurs with "Code Section 31-2-12": (1) Code Section 31-3-5, relating to functions of county boards of health; (2) Code Section 31-3-5.1, relating to conformity prerequisite to building permit; and (3) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules. SECTION 1-14. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful, is amended by revising paragraph (26) of subsection (b) as follows: "(26) With respect to any individual or facility providing personal care services: (A) Any person or entity not duly licensed or registered as a personal care home formally or informally offering, advertising to, or soliciting the public for residents or referrals; (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services: (i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for services authorized by the Department of Human Resources Health under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4 31-2-9; (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services. THURSDAY, MARCH 12, 2009 2011 The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;" SECTION 1-15. Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits issued by the Department of Natural Resources for land disposal sites, is amended as follows: "12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Health for these purposes) under Code Section 31-2-8 31-2-13 may continue to operate under such Code section until July 1, 2012, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter." SECTION 1-16. Code Section 15-11-66.1 of the Official Code of Georgia Annotated, relating to disposition of a child committing delinquent act constituting AIDS transmitting crime, is amended by revising subsection (e) as follows: "(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to: (1) The Department of Juvenile Justice or the Department of Corrections, as the case may be, and the Department of Human Resources Health, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Juvenile Justice or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if: (A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or 2012 JOURNAL OF THE SENATE (C) The commissioner of juvenile justice or the commissioner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted." SECTION 1-17. Code Section 15-21-143 of the Official Code of Georgia Annotated, relating to appointment of members and personnel of the Brain and Spinal Injury Trust Fund Commission, is amended as follows: "15-21-143. (a) The Brain and Spinal Injury Trust Fund Commission shall consist of 15 members who shall serve for terms of two years, except that with respect to the first members appointed, five members shall be appointed for a term of three years, five for a term of two years, and five for a term of one year. The following agencies may each appoint one member of the commission: (1) The Division of Rehabilitation Services of the Department of Labor; (2) The State Board of Education; (3) The Department of Public Safety; (4) The Department of Community Health; and (5) The Department of Human Resources Services. The remaining ten members of the commission shall be appointed by the Governor, seven of whom shall be citizens who have sustained brain or spinal cord injury or members of such persons' immediate families, no more than one of whom shall reside in the same geographic area of the state which constitutes a health district established by the Department of Human Resources Health. The Governor is authorized but not required to appoint the remaining three members from recommendations submitted by the Private Rehabilitation Suppliers of Georgia, the Georgia Hospital Association, the Brain Injury Association of Georgia, the Medical Association of Georgia, and the Georgia State Medical Association. The Governor shall also establish initial terms of office for all 15 members of the board within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter." SECTION 1-18. Code Section 17-18-1 of the Official Code of Georgia Annotated, relating to duty of THURSDAY, MARCH 12, 2009 2013 certain officials to offer written statement of information to victims of rape or forcible sodomy, is amended as follows: "17-18-1. When any employee of the Department of Human Resources, Department of Human Services, Department of Health, Department of Behavioral Health, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Section 17-18-2 and may include additional information regarding resources available to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language." SECTION 1-19. Code Section 19-3-35.1 of the Official Code of Georgia Annotated, relating to AIDS brochures for applicants for a marriage license, is amended by revising subsection (b) as follows: "(b) The Department of Human Resources Department of Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Health (formerly known as the Department of Human Resources for these purposes) under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988." SECTION 1-20. Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to the membership, terms, filling of vacancies, and officers of the State Commission on Family Violence, is amended by revising paragraph (1) of subsection (a) as follows: "(1) Three ex officio members shall be the director of the Division of Family and Children Services of the Department of Human Services, the director of Women's Health Services in the division of public health Division of Public Health of the Department of Human Resources Health, and the Attorney General;" SECTION 1-21. Code Section 19-15-4 of the Official Code of Georgia Annotated, relating to Georgia Child Fatality Review Panel, is amended by revising subsection (c) as follows: "(c) The panel shall be composed as follows: (1) One district attorney appointed by the Governor; 2014 JOURNAL OF THE SENATE (2) One juvenile court judge appointed by the Governor; (3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Resources Services; (6) The director of the Division of Family and Children Services of the Department of Human Resources Services; (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor; (14) The Child Advocate for the Protection of Children; (15) The director of the Division of Public Health of the Department of Human Resources Health; and (16) The director commissioner of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources behavioral health." SECTION 1-22. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds generally, is amended by revising paragraphs (5) and (8) of subsection (c) as follows: "(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources Health, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in fulltime equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to fulltime equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such THURSDAY, MARCH 12, 2009 2015 full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot and review these schedules annually. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;" "(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources Health;" SECTION 1-23. Code Section 26-4-192 of the Official Code of Georgia Annotated, relating to the statewide program for distribution of unused prescription drugs for the benefit of medically indigent persons, is amended as follows: "26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources Health for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum: (1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available 2016 JOURNAL OF THE SENATE through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot program is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008." SECTION 1-24. Code Section 31-5-2 of the Official Code of Georgia Annotated, relating to hearings of the Department of Human Resources, is amended as follows: "31-5-2. (a) Hearings shall be required with respect to for any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted as provided in this Code section in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) Where hearing is required or afforded, notice thereof as provided in this Code section shall be given in person or by registered or certified mail or statutory overnight delivery to all interested parties; provided, however, in proceedings where the number of interested parties is so numerous as to make individual notice impracticable, notice shall be given by publication or by such other means reasonably calculated to afford actual notice as may be prescribed by the agency or person conducting such hearing. All notices shall state (1) the time and place of hearing and nature thereof and (2) the matters of fact and law asserted and must be given at least five days before the day set for hearing unless the agency determines that an imminent threat to the public health exists which requires shorter notice. (c) All interested parties at such hearings shall have, upon request, compulsory process as provided in Code Section 31-5-4 and shall have the right to adduce evidence and conduct cross-examination of all adverse witnesses. Any member of the department or county boards of health, as the case may be, their authorized officials or agents, or any attorney at law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himself. Where possible, all evidence and proceedings shall be reported. (d) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member in good standing of the State Bar of Georgia. A county board of health is authorized and empowered to direct its director or the director's appointee to conduct hearings, issue compulsory process, administer oaths, and submit his findings and recommendations to the county board of health. In both of such cases, the examiner and director or the director's appointee shall make the report THURSDAY, MARCH 12, 2009 2017 available to all interested parties, and such parties are permitted to file written exception thereto prior to final decision thereon." SECTION 1-25. Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to procedures for rule making by the Department of Community Health, is amended by adding a new subsection to the end of the Code section to read as follows: "(j) This Code section shall apply only to rules adopted pursuant to this chapter." SECTION 1-26. Code Section 31-6-40 of the Official Code of Georgia Annotated, relating to a certificate of need required for new institutional health services, is amended by revising paragraph (1) of subsection (c) as follows: "(c)(1) Any person who had a valid exemption granted or approved by the former Health Planning Agency or the former Department of Community Health (now known as the Department of 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." SECTION 1-27. Code Section 31-6-48 of the Official Code of Georgia Annotated, relating to the abolishment of prior entities and the transfer of contractual obligations, is amended as follows: "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 (now known as the Department of Health) shall be the successor to the Health Planning Agency, and except that on and after July 1, 2008, the Board of Community Health (now known as the State Board of 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 2 of this title shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished." 2018 JOURNAL OF THE SENATE SECTION 1-28. Code Section 31-6-49 of the Official Code of Georgia Annotated, relating to transitional provisions with respect to the certificate of need program, is amended as follows: "31-6-49. All matters transferred to the Health Planning Agency by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically be transferred to the Department of Community Health (now known as the Department of 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." SECTION 1-29. Code Section 31-7-2.2 of the Official Code of Georgia Annotated, relating to determination that patients or residents in an institution, community living arrangement, or treatment program are in danger, is amended as follows: "31-7-2.2. (a)(1) The commissioner may order the emergency relocation of patients or residents from an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate institution, community living arrangement, or drug abuse treatment and education program; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when one or more of the following conditions are present: (A) The institution, community living arrangement, or drug abuse treatment and education program is operating without a permit or a license; (B) The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the institution, community living arrangement, or drug abuse treatment and education program; (C) The institution, community living arrangement, or drug abuse treatment and education program is closing or plans to close and adequate arrangements for THURSDAY, MARCH 12, 2009 2019 relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the institution, community living arrangement, or drug abuse treatment and education program. (2) A monitor may be placed, pursuant to this subsection, in an institution, community living arrangement, or drug abuse treatment and education program for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the institution, community living arrangement, or drug abuse treatment and education program. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the institution, community living arrangement, or drug abuse treatment and education program nor shall the monitor be liable for any actions of the institution, community living arrangement, or drug abuse treatment and education program. The costs of placing a monitor in an institution, community living arrangement, or drug abuse treatment and education program shall be paid by the institution, community living arrangement, or drug abuse treatment and education program unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or program subject to licensure under Chapter 5 of Title 26 when an such institution, community living arrangement, or drug abuse treatment and education program has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (A) Could jeopardize the health and safety of the residents or patients in the institution, community living arrangement, or drug abuse treatment and education program if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to an institution, community living arrangement, or drug abuse treatment and education program may be suspended until the violation has been corrected or until the department has determined that the institution, community living arrangement, or drug abuse treatment and education program has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any institution, community living arrangement, or drug abuse treatment and education 2020 JOURNAL OF THE SENATE program affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner." SECTION 1-30. Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to regulation of personal care homes, is amended by revising paragraph (1) of subsection (a) as follows: "(1) 'Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (16)(12) of subsection (b) of Code Section 37-1-20 49-2-6." SECTION 1-31. Code Section 31-7-17 of the Official Code of Georgia Annotated, relating to licensure and regulation of hospitals and related institutions transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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, THURSDAY, MARCH 12, 2009 2021 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 1-32. Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, is amended by revising subsection (a) as follows: "(a) As used in this Code section, the term: (1) 'Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-dayper-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Family Health Section of the Department of Human Resources Department of Health. (2) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association. (3) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital." 2022 JOURNAL OF THE SENATE SECTION 1-33. Code Section 31-7-159 of the Official Code of Georgia Annotated, relating to licensure and regulation of home health agencies transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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 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 THURSDAY, MARCH 12, 2009 2023 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 1-34. Code Section 31-7-265 of the Official Code of Georgia Annotated, relating to facility licensing and employee records checks for personal care homes transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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 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 2024 JOURNAL OF THE SENATE 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 1-35. Code Section 31-7-308 of the Official Code of Georgia Annotated, relating to licensure and regulation of private home care providers transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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 THURSDAY, MARCH 12, 2009 2025 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 1-36. Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act," is amended by revising subparagraph (D) of paragraph (6) as follows: "(D) Any client or beneficiary of the department, or the Department of Human Resources Services, or the Department of Behavioral Health who voluntarily chooses to participate in a program offered or approved by the department, or the Department of Human Resources Services, or the Department of Behavioral Health and meets the program eligibility guidelines of the department, or the Department of Human Resources Services, or the Department of Behavioral Health whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget." SECTION 1-37. Code Section 31-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to emergency medical services, is amended by revising paragraphs (3), (5), and (6.1) as follows: "(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources Health." "(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Health for these purposes) on and after January 1, 2002." "(6.1) 'Department' means the Department of Human Resources Health." SECTION 1-38. Code Section 31-11-50 of the Official Code of Georgia Annotated, relating to medical advisers relative to emergency medical services, is amended by revising subsection (a) as 2026 JOURNAL OF THE SENATE follows: "(a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consultant of the Emergency Health Section of the Division of Physical Public Health of the Department of Human Resources Department of Health. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his or her designee to act as medical adviser until the services of a physician are available." SECTION 1-39. Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to automated external defibrillator program, is amended by revising paragraph (1) of subsection (b) as follows: "(1) It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the Rules and Regulations rules and regulations of the Department of Health Human Resources Chapter 290-5-30. It is further recommended that such training include at a minimum the successful completion of: (A) A nationally recognized health care provider/professional rescuer level cardiopulmonary resuscitation course; and (B) A department established or approved course which includes demonstrated proficiency in the use of an automated external defibrillator;" SECTION 1-40. Code Section 31-13-25 of the Official Code of Georgia Annotated, relating to rules, regulations, agreements, and contracts formerly under the Department of Human Resources with respect to radiation control, is amended as follows: "31-13-25. All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources (now known as the Department of Health for these purposes) will, by operation of law, be assumed by the Department of Natural Resources on April 4, 1990." SECTION 1-41. Code Section 31-15-4 of the Official Code of Georgia Annotated, relating to a cancer control officer, is amended as follows: "31-15-4. The commissioner shall appoint a cancer control officer. The cancer control officer shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and must shall be knowledgeable in the field of medicine covered by this chapter. He or she shall administer the cancer program for the Division of Physical Public Health of THURSDAY, MARCH 12, 2009 2027 the Department of Human Resources Department of Health in compliance with this chapter. He or she shall be provided an office with clerical and administrative assistance to carry out this program." SECTION 1-42. Code Section 33-21-20.1 of the Official Code of Georgia Annotated, relating to regulation of health maintenance organizations by the commissioner of human resources, is amended as follows: "33-21-20.1. On May 13, 2004, all health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to regulation by the commissioner of human resources (now known as the commissioner of health for these purposes). Upon the Commissioner of Insurance's determination that a health maintenance organization no longer meets the requirements of subsection (b.1) of Code Section 33-21-3, the Commissioner shall immediately notify the commissioner of human resources health; and such health maintenance organization shall be subject to regulation by the commissioner of human resources health until such time as it again meets the requirements of subsection (b.1) of Code Section 33-21-3 as determined by the Commissioner of Insurance." SECTION 1-43. Code Section 33-21A-10 of the Official Code of Georgia Annotated, relating to new and renewal agreements with care management organizations and health care providers, is amended as follows: "33-21A-10. (a) On and after May 13, 2008, the Department of Community Health, now known as the Department of Health, shall include provisions in all new or renewal agreements with a care management organization, which provisions require the care management organization to comply with all provisions of this chapter. (b) On and after May 13, 2008, 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 (now known as the Department of Health) and the care management organization, which provisions are inconsistent with the provisions of this chapter." SECTION 1-44. Code Section 33-24-56.3 of the Official Code of Georgia Annotated, relating to colorectal cancer screening and testing, is amended by revising paragraph (1) of subsection (a) as follows: "(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after July 1, 2002, including, but not limited to, those contracts executed by the Department of Community Health pursuant to paragraph (1) 2028 JOURNAL OF THE SENATE of subsection (f)(d) of Code Section 31-5A-4 31-2-4. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and nonrenewable individual policies written for a period of less than six months." SECTION 1-45. Code Section 33-24-59.2 of the Official Code of Georgia Annotated, relating to insurance coverage for equipment and self-management training for individuals with diabetes, is amended by revising subsection (b) as follows: "(b)(1) Diabetes outpatient self-management training and education as provided for in subsection (a) of this Code section shall be provided by a certified, registered, or licensed health care professional with expertise in diabetes. (2) The office of the Commissioner of Insurance shall promulgate rules and regulations after consultation with the Department of Human Resources Health which conform to the current standards for diabetes outpatient self-management training and educational services established by the American Diabetes Association for purposes of this Code section. (3) The office of the Commissioner of Insurance shall promulgate rules and regulations, relating to standards of diabetes care, to become effective July 1, 2002, after consultation with the Department of Human Resources (now known as the Department of Health for these purposes), the American Diabetes Association, and the National Institutes of Health. Such rules and regulations shall be adopted in accordance with the provisions of Code Section 33-2-9." SECTION 1-46. Code Section 33-45-3 of the Official Code of Georgia Annotated, relating to certificates of authority required for operation of continuing care facilities, is amended as follows: "33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Human Resources, the Department of Community Health, or any other regulatory body exercising authority over continuing care providers." SECTION 1-47. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, is amended by revising paragraphs (3) and (12) of subsection (b) as follows: "(3)(A) Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to THURSDAY, MARCH 12, 2009 2029 provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department. (B) Persons who engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agency, or department, and persons or entities which contract to provide social work services with any community service board or similar entity or any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services pursuant to those contracts and shall only be exempt until January 1, 1996. (C) Persons who engage in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Human Resources Health, Department of Behavioral Health, Department of Human Services, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or county board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996;" "(12) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Resources Services but only when engaged in such practice as an employee of that division;" SECTION 1-48. Code Section 43-27-2 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Nursing Home Administrators, is amended as follows: "43-27-2. (a) There is created the State Board of Nursing Home Administrators, which shall consist of 13 members, none of whom may be employees of the United States government or of this state, and the commissioner of human resources services or his or her designee, who shall serve as ex officio member of the board, and the commissioner of community health or his or her designee, who shall serve as ex officio member of the board. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows: (1) One member who is a licensed medical doctor in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (2) One member who is a registered nurse in this state and who is not a nursing home 2030 JOURNAL OF THE SENATE administrator or pecuniarily interested in any nursing home; (3) One member who is an educator with a graduate degree and specializing in the field of gerontology and who is not a nursing home administrator or pecuniarily interested in any nursing home; (4) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large public, at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the State Board of Human Resources Health. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large public, at-large positions; (5) One member who is a hospital administrator in this state, who is the holder of a master's degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home; and (6) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this state. (b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position." SECTION 1-49. Code Section 43-27-5 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Board of Nursing Home Administrators, is amended by revising paragraph (4) of subsection (a) as follows: "(4) To initiate investigations for the purpose of discovering violations by a nursing home administrator of the rules, regulations, or statutes of the Department of Community Health or the Department of Human Resources Services, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the nursing home of which such individual is the administrator in the medical assistance program or the license issued by the Department of Human Resources Health and make written findings as to the causes of the alleged violations;" SECTION 1-50. 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 (c) as follows: "(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the THURSDAY, MARCH 12, 2009 2031 purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, county departments of health, and county departments of family and children services, the Department of Human Resources Behavioral Health must shall designate a central office which will shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of family and children services, the Department of Human Services shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of health, the Department of Health shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services." SECTION 1-51. Code Section 45-9-110 of the Official Code of Georgia Annotated, relating to authorization for consolidation of unemployment compensation claim matters under the commissioner of administrative services, is amended by revising subsection (d) as follows: "(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments county departments of health and remit the premium to the Department of Administrative Services. The commissioner of human services shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from county departments of family and children services and remit the premium to the Department of Administrative Services. The commissioner of behavioral health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from community service boards and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unemployment compensation benefit insurance program." 2032 JOURNAL OF THE SENATE SECTION 1-52. Code Section 46-4-154 of the Official Code of Georgia Annotated, relating to notice of election, unbundling, rates, application requirements, and surcharge on interruptibles under the "Natural Gas Competition and Deregulation Act," is amended by revising subsection (e) as follows: "(e) The commission shall establish a surcharge on all customers receiving interruptible service over the electing distribution company's distribution system sufficient to ensure that such customers will pay an equitable share of the cost of the distribution system over which such customers receive service. The commission is authorized to direct the electing distribution company or the marketers to collect such surcharge directly from the customers. Such surcharge shall be paid promptly upon receipt into the universal service fund. This surcharge shall not be applied to any hospital that has a medicare and Medicaid payor mix of at least 30 percent and has uncompensated writeoffs for the provision of charity, indigent, and free health care services of not less than 5 percent of such hospital's annual operating expenses based on the annual hospital surveys by the Division of Health Planning of the Department of Community Health. This surcharge shall not be applied to any institution or property enumerated in Code Section 50-16-3, or administered or regulated under authority granted by Code Section 42-2-5 or 49-4A6 or by Chapter 9 of Title 50." SECTION 1-53. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to adoption and administration of a state plan for medical assistance by the Department of Community Health, is amended by revising subsection (b) as follows: "(b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations: (1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations; (2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; (3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled THURSDAY, MARCH 12, 2009 2033 care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients; (5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and (6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room." SECTION 1-54. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under Medicaid, is amended by revising subsection (d) as follows: "(d) All contested cases involving the imposition of a remedial or punitive measure against a nursing facility by the Department of Community Health shall be conducted in the manner provided for in subsection (l) of Code Section 31-2-6 31-2-11, but only if such remedial or punitive measure is based upon findings made by the Department of Human Resources Health in its capacity as the state survey agency for the Georgia Medicaid program." SECTION 1-55. Code Section 49-4-154 of the Official Code of Georgia Annotated, relating to powers and duties retained by the Department of Human Resources with respect to Medicaid, is amended as follows: "49-4-154. (a) The status, position, and rights of persons transferred from the Department of Human Resources (now known as the Department of Health for these purposes) to the Department of Medical Assistance pursuant to Ga. L. 1977, p. 384 shall not be affected by the transfer, in and of itself; and such persons shall retain, inter alia, all rights of rank or grade; rights to vacation, sick pay, and leave; rights under any retirement plan; and any other rights under any law or administrative policy. (b) The Department of Human Resources (now known as the Department of Health for 2034 JOURNAL OF THE SENATE these purposes) shall retain, in accordance with terms of the state plan, the functions, and all tangible things and employees relating thereto, of: (1) Establishing and maintaining certain standards for certain institutions and agencies seeking to become or remain providers and shall finally determine and certify whether such institutions and agencies meet such standards; (2) Determining and certifying the eligibility of certain applicants for and recipients of medical assistance; and (3) Prescribing regulations to require that applicants for medical assistance be given clear and easily understandable notice that all books, papers, records, and memoranda of the provider relating to the provision of medical assistance to the applicant will be made available, upon request, to the commissioner of medical assistance or his representative and that, by accepting medical assistance, the applicant thereby consents to the providing of such books, papers, records, and memoranda to the commissioner of medical assistance or his representative." SECTION 1-56. Code Section 49-4-155 of the Official Code of Georgia Annotated, relating to the Department of Community Health succeeding to existing rules, regulations, policies, procedures, and administrative orders with respect to Medicaid, is amended as follows: "49-4-155. The Department of Community Health (now known as the Department of Health) shall succeed to all the rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources (now known as the Department of Human Services) transferred to the Department of Medical Assistance pursuant to the previously existing provisions of this Code section and that are in effect on June 30, 1999, and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources (now known as the Department of Human Services) that are in effect on June 30, 1999, to which the Department of Medical Assistance succeeded pursuant to the previously existing provisions of Code Section 49-4-156." SECTION 1-57. Code Section 50-13-42 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Administrative Procedure Act," is amended by revising subsection (a) as follows: "(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Health Planning Review Board Certificate of Need Appeal Panel, or the Department of Community Health or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis." THURSDAY, MARCH 12, 2009 2035 SECTION 1-58. Code Section 50-16-3 of the Official Code of Georgia Annotated, relating to property of state boards and departments, is amended by revising paragraph (2) as follows: "(2) The several institutions operated by the Department of Human Resources Services, the Department of Health, or the Department of Behavioral Health, including all real and personal property belonging to the several institutions or used in connection therewith, and all other property conveyed to the any such department for the use of any of the institutions or conveyed to any of the boards of trustees of which the such department is the successor or to any of the institutions under its control;" PART II Department of Human Services. SECTION 2-1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Chapters 1 and 2, relating to general provisions on social services and the Department of Human Resources, respectively, as follows: "CHAPTER 1 49-1-1. As used in this title, the term: (1) 'Board' means the Board of Human Resources Services. (2) 'Commissioner' means the commissioner of human resources services. (3) 'County board' means a county or district board of family and children services. (4) 'County department' means a county or district department of family and children services. (5) 'County director' means the director of a county or district department of family and children services. (6) 'Department' means the Department of Human Resources Services. 49-1-2. All rules and regulations made by the Department of Human Resources Services shall be binding on the counties and shall be complied with by the respective county departments. 49-1-3. (a) Notwithstanding any other provisions of law, the Governor shall have the power by executive order to direct and implement such internal organization of the Department of Human Resources as he may determine necessary to improve the management and administration of the functions vested in the department, including the power to allocate within such organization the executive authority described in Code Section 49-2-1 with respect to any or any grouping of the functions of the department. For these purposes, 2036 JOURNAL OF THE SENATE the Governor shall have the power by executive order to redefine the department's substate structure and to direct the establishment of district health and welfare organizations, as respectively described and with such powers and duties as set forth in Code Sections 31-3-15 and 49-3-1. The district director of a health district shall be a licensed physician. The district director and other executive staff of district health and welfare organizations shall hereafter be appointed by the department, provided that the department shall not appoint as a director of any such organization any person whose appointment is not approved by a majority of the respective district board concerned in a meeting of such board called for that purpose. (b) Any other provisions of this Code section to the contrary notwithstanding, any such reorganization plan shall provide for a county department of family and children services, a county board of family and children services, and a county director of family and children services in each county of this state. The county director shall be the executive officer of the county department who shall be responsible for operations and personnel. In addition to such other powers and authorities which may be delegated to county departments of family and children services, each county board and director of family and children services shall have the same powers, duties, and bond requirements as provided in Code Sections 49-3-2 through 49-3-5. (c) Notwithstanding any other provision of this Code section, the Governor shall not have the power by executive order to abolish any county board. (d) The Governor's power under this Code section shall expire on December 31, 1976, but the organization accomplished by executive order hereunder shall continue until altered in the manner provided by law. Reserved. 49-1-4. No individual, supervisor, or member of the Board of Human Resources Services or the county or district boards of family and children services having to do with the administration of this title shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any kind or character to any of the institutions to be benefited by this title. 49-1-5. (a) In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail or statutory overnight delivery, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for THURSDAY, MARCH 12, 2009 2037 the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty. (b) In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal such director may have under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. 49-1-6. (a) Any charitable or nonprofit corporation which has been granted a charter or articles of incorporation under the laws of this state may transfer all or a part of its assets to the department upon such terms as may be agreed upon between such corporation and the department, provided such corporation shall first have obtained authority to make such transfer in accordance with this Code section. (b) Any such corporation may apply for authority to make such transfer by filing its petition with the superior court of the county in which such corporation has its principal office. Such application shall set forth the assets which the corporation desires to transfer to the department and the terms upon which it desires to transfer these assets. (c) Such corporation, once a week for four weeks prior to the filing of such petition, shall publish notice in the newspaper of the county in which is located the principal office of the corporation, such newspaper being the newspaper in which notices of sheriff's sales are advertised. The notice shall set forth the date, time, and place when such application will be presented, the court to which it will be presented, and the assets which such corporation desires to transfer to the department. (d) After a hearing, the court shall be authorized to grant the application and permit a transfer of the assets of the applicant upon terms as set out in the application or modified as the court may deem advisable, if the court considers this in the public interest; or the court may deny the application if the court deems such denial to be in the public interest. Where such corporation makes a transfer of all of its right, title, and interest in any of its assets to the department and such transfer is made pursuant to the authority of the court obtained in the manner provided for in this Code section, such transfer shall be conclusively deemed to be a proper and legal transfer. (e) Should such corporation desire to transfer all of its assets to the department, the court to which such application is presented may include in its order a provision that upon the transfer by such corporation of all of its assets to the department and upon compliance with Chapter 3 of Title 14, the charter or articles of incorporation of such corporation shall stand surrendered and the corporation dissolved. 2038 JOURNAL OF THE SENATE (f) Nothing contained in this Code section shall be considered as authorizing the department to accept a transfer of assets upon terms which would require the use of them by the department in a manner not authorized by law. 49-1-7. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department. 49-1-8. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce. 49-1-9 49-1-7. (a) The General Assembly finds that it is in the best interest of the state to provide for programs for home delivered meals, transportation services for the elderly, and preschool children with special needs, including but not limited to disabled children, troubled children, school readiness programs, and other similar needs for the benefit of the citizens of Georgia. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs. (b) To support programs for home delivered meals, transportation services for the elderly, and preschool children with special needs which programs have been established or approved by the department or the Department of Health, the department may, without limitation, promote and solicit voluntary contributions through the income tax return contribution mechanism established in subsection (f) of this Code section, through offers to match contributions by any person with moneys appropriated or contributed to the department or the Department of Health for such programs, or through any fund raising or other promotional techniques deemed appropriate by the department or the Department of Health. (c) There is established a special fund to be known as the 'Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs THURSDAY, MARCH 12, 2009 2039 Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (f) of this Code section, and any other moneys contributed to this fund or to the home delivered meals, transportation services for the elderly, or preschool children with special needs programs of the department or the Department of Health and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through the Office Division of Aging Services in furtherance of home delivered meals and transportation services to the elderly programs and by the department Department of Health in furtherance of preschool children with special needs programs. (d) Following the transmittal of contributions to the department for deposit in the fund pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall be allocated as follows: (1) Fifty percent of the contributions to the fund shall be used for home delivered meals and transportation services to the elderly programs; and (2) Fifty percent of the contributions to the fund shall be transferred to the Department of Health to be used for preschool children with special needs programs. (e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for benefits and services and shall not be used for personnel or administrative positions. The department and the Department of Health shall each prepare, by February 1 of each year, an accounting of the funds received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report reports shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, to the members of the Board of Human Resources Services, and, upon request, to members of the public. (f)(1) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 1993, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund established in subsection (c) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to such fund may designate such contribution as provided in this Code section on the appropriate income tax return form. (2) The Department of Revenue shall determine annually the total amount so 2040 JOURNAL OF THE SENATE contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the department for deposit in the fund established in subsection (c) of this Code section; provided, however, the amount retained for administrative costs, including implementation costs, shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions. CHAPTER 2 ARTICLE 1 49-2-1. (a) There is created a Department of Human Resources Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Health or the Department of Behavioral Health, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009. (b) There is also created the position of commissioner of human resources services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. 49-2-2. (a) There is created a Board of Human Resources Services, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Human Resources Services created by Code Section 49-2-1. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Health or the Department of Behavioral Health, are transferred to the Board of Human Services effective July 1, 2009, and the Board of Human Resources as it existed on June 30, 2009, shall be abolished effective July 1, 2009. The board shall consist of one member from each congressional district in the state and four at-large nine members appointed by the Governor and confirmed by the Senate. For this purpose, the congressional districts used shall be those specified in Code Section 21-1-2, as amended by Act No. 2EX11 of THURSDAY, MARCH 12, 2009 2041 the second extraordinary 2001 session of the General Assembly and as thereafter amended by law. Seven members of the board shall be engaged professionally in rendering health services, and at least five of these seven members shall be licensed to practice medicine pursuant to Chapter 34 of Title 43. In appointing members to the board, the Governor shall take into account to the extent practicable all areas and functions encompassed by the department. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years; three members shall be appointed for four years; and the remaining members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (d)(e) There shall be a chairman chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (e) Those members engaged in rendering health services shall comprise no more than seven members of the total membership of the board. (f) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards. 49-2-2.1. (a) The Department of Human Services 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 Human Services pursuant to Code Section 49-2-1 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 Human Services pursuant to Code Section 49-2-1. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Human Services by proper authority or as otherwise provided by law. (b) 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 2042 JOURNAL OF THE SENATE Human Services pursuant to Code Section 49-2-1 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 Human Services. In all such instances, the Department of Human Services shall be substituted for the Department of Human Resources, and the Department of Human Services shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Human Services in similar capacities, as determined by the commissioner of human services. Such employees shall be subject to the employment practices and policies of the Department of Human Services 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 Human Services. (d) On July 1, 2009, the Department of Human Services shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1. 49-2-3. (a) Reserved. (b) The policy-making functions of the State Board for Children and Youth, contained in Ga. L. 1963, p. 81, are vested in the Board of Human Resources Services. (c)(b) The policy-making functions of the Commission on Aging, created in Ga. L. 1962, p. 604, are vested in the Board of Human Resources Services. 49-2-4. There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department. 49-2-5. The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised, and the department is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to THURSDAY, MARCH 12, 2009 2043 it by the General Assembly, the respective counties of the state, and the United States, through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title. 49-2-6. (a) The department shall administer or supervise all county departments of the state as provided in Chapter 3 of this title. (b) The department shall: (1) Administer or supervise: (A) All categories of public assistance established under Code Section 49-4-3; (B) The operation of state charitable and eleemosynary institutions; (C) Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and (D) Such other welfare activities or services as may be vested in it; (2) Cooperate in the supervision of all correctional activities, including the operation of all the penal and correctional institutions of the state, together with parole, supervising of probation services, segregation of first offenders, and the inspection of local jails; (3) Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state; (4)(3) Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45; (5)(4) Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title; (6)(5) Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (7)(6) Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts; (8)(7) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; (9)(8) Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof; (10)(9) Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes 2044 JOURNAL OF THE SENATE of this title; (11) Make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for the purposes of this title the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budge required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; and (12)(10) Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain selfcare, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses; (11) Classify and license community living arrangements in accordance with the rules and regulations promulgated by the department for the licensing and enforcement of licensing requirements for persons whose services are financially supported, in whole or in part, by funds authorized through the department. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 49-2-17 and 49-2-18. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued pursuant to this paragraph is not assignable or transferable. As used in this paragraph, the term 'community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, THURSDAY, MARCH 12, 2009 2045 one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage; and (12) Classify host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department and provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the department. The department shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice, as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person. As used in this paragraph, the term 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. 49-2-7. (a) The functions, duties, and authority of the Board of Public Welfare, established by Ga. L. 1919, p. 222, as amended, as transferred and vested in the Board of Control of Eleemosynary Institutions by Ga. L. 1931, p. 7, Section 44A, are vested in the Department of Human Resources Services. (b) The functions, duties, and authority of the Department of Family and Children Services, created in Ga. L. 1937, p. 355, as amended, are vested in the Department of Human Resources Services. (c) The functions of the State Board for Children and Youth, created in Ga. L. 1963, p. 81, except for the policy-making functions transferred to the Board of Human Resources, are vested in the Department of Human Resources Services. (d) Reserved. (e) The functions, duties, and authority of the State Commission on Aging, created in Ga. L. 1962, p. 602, except the policy-making functions transferred to the Board of Human Resources Services, are vested in the Department of Human Resources Services. 49-2-8. The five members of the board who are licensed to practice medicine pursuant to Chapter 34 of Title 43 shall pass upon and approve the professional qualifications of all 2046 JOURNAL OF THE SENATE physicians and medical doctors employed by the department. Reserved. 49-2-9. In administering any funds appropriated or made available to the department for welfare purposes, the department shall have the power: (1) To make use of all local processes to enforce the minimum standards prescribed under or pursuant to the laws providing for grants-in-aid; and (2) To administer and disburse any and all funds which may be allocated by any municipality of the state or private organization or society for such purposes as may be designated by such municipality or other agency. The department may use a reasonable percentage of such funds for administrative costs, not to exceed 10 percent of the total sum administered. 49-2-10. For the purpose of carrying out the duties and obligations of the department for performance of welfare services of the state, for administrative costs, for matching such federal funds as may be available for all of the aforesaid services, for the purpose of establishing an equalization fund to be used in assisting those counties which may be unable otherwise to bear their proportionate share of the expenses of administration and of dispensing the benefits provided for under this title, and for dispensing all of the benefits provided for under this title, the General Assembly shall make appropriations out of the general fund of the state or otherwise for the various and separate activities of the department. All funds appropriated or allocated to the department or to the county departments by the General Assembly, the fiscal authorities of the respective counties, and by the federal government through its appropriate agencies and instrumentalities are declared to be funds provided for a public purpose; and all appropriations provided for in this Code section and hereafter may be expended and distributed by the department for the purposes provided for under this title. 49-2-11. (a) Notwithstanding any provision in this title to the contrary, particularly Articles 2, 3, and 5 of Chapter 4 of this title, nothing therein contained shall be construed to prevent the acceptance of more than 50 percent federal matching funds. The department may accept and disburse the maximum percentage of federal grant-in-aid funds made available to this state by the federal government under any formula of variable grants or other formula for the granting of federal grants-in-aid. (b) The department is authorized to comply with the requirements prescribed by Congress as conditions to federal grants. (c) To the end of empowering the department to comply with federal requirements and to effectuate the purposes of grant-in-aid welfare programs, the board is authorized to promulgate all necessary rules and regulations and the department is authorized to do all things necessary and proper for the securing of the maximum amount of such federal grants. THURSDAY, MARCH 12, 2009 2047 (d) In the event that Congress appropriates funds for grants-in-aid to the state governments for the purpose of assisting them in the operation of general assistance programs, medical assistance programs, or any other welfare programs, the department is authorized to cooperate with the federal government in such programs, to accept funds from the federal government in the maximum amounts made available, to disburse them, and to comply with all requirements of the federal government necessary for the securing of such grant-in-aid funds. (e) Any state funds which are made available by appropriation to the department for matching federal funds shall be available to supply the state portion of expenditures for general assistance programs, medical assistance programs, or any other type welfare programs provided for by the federal government which benefit the citizens or residents of this state. (f) Notwithstanding subsections (a) through (e) of this Code section, the Department of Community Health shall be the single state agency for the administration of the state medical assistance plan. 49-2-12. (a) All divisions and sections within the department shall make an inventory of all the various vehicles to which the department holds title and shall investigate their utilization patterns in order to establish and develop a consolidated and coordinated transportation plan for the various human services programs of the department, including, but not limited to, those programs relating to the aged and to the mentally and physically disabled. (b) Other departments and agencies of the state shall cooperate with the Department of Human Resources Services in mutually beneficial agreements regarding the establishment and development of a coordinated transportation plan involving various vehicles to which the state has title. (c) The plan required to be developed under this Code section shall identify the fully allocated costs of the transportation component of their services and take into consideration various limitations on the expenditure of federal funds which may arise in any consolidated or coordinated transportation system. No later than June 30, 1980, a preliminary transportation plan shall be submitted by the department to the Human Relations and Aging Committee of the House of Representatives and the Education and Youth, Aging, and Human Ecology Committee of the Senate, which plan shall be revised and submitted to such committees every two years thereafter. 49-2-13. All divisions and sections within the department, in cooperation with the Department of Transportation, shall identify those areas of the state where the general transportation needs of the elderly and persons with disabilities are not and cannot be adequately served by bus service and community service centers furnishing transportation. In further cooperation with the Department of Transportation, the department shall identify alternatives for meeting the transportation needs of these persons and shall 2048 JOURNAL OF THE SENATE report to the committees specified in subsection (c) of Code Section 49-2-12 as required therein. Such alternative means to be considered for providing for the transportation needs of these persons should include, but shall not be limited to: (1) Contract service resulting from competitive bidding by private sector bus operators operating under Article 1 of Chapter 7 of Title 46; (2) Contract service resulting from competitive bidding by taxi operators; (3) Negotiated fee basis with municipal and area-wide transportation systems serving the general public; or (4) Any combination of above paragraphs (1) through (3) of this Code section. 49-2-13.1. (a) The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of the elderly or persons with disabilities, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section. (b) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section. 49-2-14. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the THURSDAY, MARCH 12, 2009 2049 department may be placed. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department, and its contractors, and any district or county health agency. Such uniform method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department 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. (d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning children in the custody of the department or who are the subjects of a child protective services referral, complaint, or investigation and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment, department, or licensed child-placing agency file. Immediately following the employment decisions or upon receipt of the conviction data concerning any adult person who has contact with a child who is the subject of a child protective services referral, complaint, or investigation or who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) Notwithstanding the provisions of subsection (c) of this Code section, when a contractor to this department is a personal care home, the provisions of Code Sections 31-7-250 through 31-7-264 shall apply. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section. (g) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation to the fullest extent permissible by federal and state law, including but not limited to Public Law 92-544. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such 2050 JOURNAL OF THE SENATE method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprint cards fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such adult persons to the proper law enforcement agency when the department is considering placement of a child in exigent circumstances for a name based check of such adult person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such exigent circumstances, the department shall submit two complete sets of fingerprint cards fingerprints of those adult persons in the placement home, together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. Fingerprint cards The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-3-35. Following the submission of such fingerprint cards fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. In the event that a child has been placed in exigent circumstances, a name based records search has been requested for any adult person of the placement household, and that adult refuses to provide fingerprints after being requested to do so by the department, the child shall be immediately removed from the placement household by the department, provided that the child is in the custody of the department. (h) The department shall be authorized to conduct a name or descriptor based check of any adult person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation without the consent of such adult person and without fingerprint comparison to the fullest extent permissible by federal and state law. 49-2-14.1. (a) As used in this Code section, the term: (1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses: (A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; THURSDAY, MARCH 12, 2009 2051 (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (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)(11) of subsection (b) and subsection (c) of Code Section 37-1-20 49-2-6; or (D)(B) Child welfare agency required to be licensed under Code Section 49-5-12. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: 2052 JOURNAL OF THE SENATE (A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means two sets of classifiable fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC both sets of the fingerprints and the records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of THURSDAY, MARCH 12, 2009 2053 Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the The GCIC, the department, any law enforcement agency, nor and the employees of any such entities shall not be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of this title or Article 11 of Chapter 7 of Title 31. (f) The department shall promulgate written rules and regulations to implement the 2054 JOURNAL OF THE SENATE provisions of this Code section. 49-2-15. When any action is brought against the Department of Human Resources Services, the Board of Human Resources Services, the commissioner of human resources services, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner of human resources services personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice. 49-2-16. (a) There is created a Georgia Council for Welfare Administration. The objectives for of the council shall be: (1) To promote improvements in public welfare and social service programs of the Division of Family and Children Services within the Department of Human Resources Services; (2) To provide a forum for the interchange of information relating to welfare and social service programs; and (3) To promote with any organization exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986 a more efficient public welfare delivery system for the citizens of this state. (b) Membership in the council shall be open to persons actively employed in the Division of Family and Children Services within the Department of Human Resources Services. (c) No state funds shall be appropriated for the benefit or use of the council. (d) The council is authorized to adopt bylaws which prescribe its organizational structure, officers, terms and condition of office, meeting schedules, and such other organizational procedures as are necessary for its lawful and effective functioning. (e) The commissioner of human resources services shall call the initial meeting of the council at which time the council shall organize and select its officers. 49-2-17. (a) This Code section shall be applicable to any agency, facility, institution, community living arrangement, or entity subject to regulation by the department under Chapter 5 of this title or paragraph (11) of subsection (b) of Code Section 49-2-6. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the THURSDAY, MARCH 12, 2009 2055 law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has: (1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, 2056 JOURNAL OF THE SENATE revocation, or suspension of a license. (e) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (f) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (g) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (h) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions THURSDAY, MARCH 12, 2009 2057 shall apply. (m) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section. 49-2-18. (a)(1) The commissioner may order the emergency relocation of patients or residents from a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate community living arrangement; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when one or more of the following conditions are present: (A) The community living arrangement is operating without a license; (B) The department has denied application for a license or has initiated action to revoke the existing license of the community living arrangement; (C) The community living arrangement is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the community living arrangement. (2) A monitor may be placed, pursuant to this subsection, in a community living arrangement for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the community living arrangement. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the community living arrangement nor shall the monitor be liable for any actions of the community living arrangement. The costs of placing a monitor in a community living arrangement shall be paid by the community living arrangement unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when the community living arrangement has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (A) Could jeopardize the health and safety of the residents or patients in the 2058 JOURNAL OF THE SENATE community living arrangement if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to a community living arrangement may be suspended until the violation has been corrected or until the department has determined that the community living arrangement has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any community living arrangement affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner. ARTICLE 2 49-2-20. As used in this part, the term: (1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a residential child care licensing law. (2) 'Residential child care licensing law' means this chapter and Chapter 5 of this title and any rule or regulation duly promulgated thereunder. 49-2-21. The commissioner or the commissioner's designee, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this part. Such warrant shall authorize the commissioner or the commissioner's designee to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated pursuant to a residential child care licensing law. 49-2-22. (a) Inspection warrants shall be issued only by a judge of a court of record whose THURSDAY, MARCH 12, 2009 2059 territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when the judge is satisfied that the following conditions are met: (1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this part. 49-2-23. The inspection warrant shall be validly issued only if it meets the following requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced. 49-2-24. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this part shall be competent as evidence in any criminal proceeding against any party. 49-2-25. The Department of Human Services is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of a residential child care licensing law as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs." 2060 JOURNAL OF THE SENATE SECTION 2-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Human Services": (1) Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or modification of license, permit, or certification for use and application of pesticides; (2) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (3) Code Section 12-6-49.1, relating to denial or suspension of license for noncompliance with child support order; (4) Code Section 15-11-8, relating to expenses charged to county and payment by parents on court order; (5) Code Section 15-11-14, relating to emergency care and supervision of a child by the Department of Human Resources; (6) Code Section 15-11-15, relating to detainment of child in temporary protective custody of a physician; (7) Code Section 15-11-19, relating to the establishment of the Council of Juvenile Court Judges; (8) Code Section 15-11-55, relating to disposition of a deprived child; (9) Code Section 15-11-58, relating to reasonable efforts regarding reunification of family; (10) Code Section 15-11-71, relating to supervision fees for juvenile courts; (11) Code Section 15-11-103, relating to placement of a child following a termination order; (12) Code Section 15-11-171, relating to definitions relative to the "Georgia Child Advocate for the Protection of Children Act"; (13) Code Section 15-11A-4, relating to appointment of personnel to the Family Court Division of the Superior Court of Fulton County; (14) Code Section 15-18-14, relating to appointment of prosecuting attorneys; (15) Code Section 18-4-131, relating to definitions relative to continuing garnishment for family support; (16) Code Section 19-6-15, relating to child support in final verdict or decree; (17) Code Section 19-6-31, relating to definitions relative to income deduction orders; (18) Code Section 19-6-33.1, relating to the family support registry; (19) Code Section 19-6-51, relating to members of the Georgia Child Support Commission; (20) Code Section 19-7-5, relating to reporting of child abuse; (21) Code Section 19-7-6, relating to reporting of juvenile drug use; (22) Code Section 19-7-22, relating to petitions for legitimation of child; (23) Code Section 19-7-40, relating to jurisdiction and administrative determination of paternity; (24) Code Section 19-7-43, relating to petitions to establish paternity of a child; THURSDAY, MARCH 12, 2009 2061 (25) Code Section 19-7-52, relating to whom support payments may be made; (26) Code Section 19-7-54, relating to motions to set aside determination of paternity; (27) Code Section 19-8-1, relating to definitions relative to adoption; (28) Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party; (29) Code Section 19-8-23, relating to where records of adoption are kept; (30) Code Section 19-8-26, relating to how surrender of parental rights is executed; (31) Code Section 19-9-122, relating to delegation of authority for the care of a minor child; (32) Code Section 19-9-129, relating to the power of attorney form for the care of a minor child; (33) Code Section 19-10A-5, relating to investigating and reporting utilization of provisions under the "Safe Place for Newborns Act of 2002"; (34) Code Section 19-10A-6, relating to reimbursement of medical costs under the "Safe Place for Newborns Act of 2002"; (35) Code Section 19-11-3, relating to definitions relative to the "Child Support Recovery Act"; (36) Code Section 19-11-9.1, relating to duty to furnish information about obligor to the Department of Human Resources; (37) Code Section 19-11-9.2, relating to duty of employers to report hiring or rehiring of persons; (38) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; (39) Code Section 19-11-18, relating to collection procedures for child support payments in arrears; (40) Code Section 19-11-30.1, relating to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (41) Code Section 19-11-30.2, relating to definitions relative to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (42) Code Section 19-11-30.3, relating to the responsibility of the Department of Human Resources Bank Match Registry; (43) Code Section 19-11-58, relating to the Department of Human Resources designated as the state information agency under the "Uniform Reciprocal Enforcement of Support Act"; (44) Code Section 19-11-102, relating to designated tribunals under the "Uniform Interstate Family Support Act"; (45) Code Section 19-11-110, relating to jurisdiction under the "Uniform Interstate Family Support Act"; (46) Code Section 19-11-127, relating to authority of district attorney to represent the Department of Human Resources in a proceeding under the "Uniform Interstate Family Support Act"; (47) Code Section 19-11-129, relating to the Department of Human Resources as the 2062 JOURNAL OF THE SENATE state information agency under the "Uniform Interstate Family Support Act"; (48) Code Section 19-13-20, relating to definitions relative to family violence shelters; (49) Code Section 19-15-2, relating to child abuse protocol committees; (50) Code Section 19-15-3, relating to county multiagency child fatality review committees; (51) Code Section 20-1A-60, relating to definitions relative to the Georgia Child Care Council; (52) Code Section 20-2-133, relating to free public instruction for children in elementary and secondary education; (53) Code Section 20-2-250, relating to projects to improve effectiveness in elementary and secondary education; (54) Code Section 20-2-696, relating to duties of visiting teachers and attendance officers; (55) Code Section 20-3-660, relating to creation of a program of postsecondary grants for foster children and adopted children; (56) Code Section 29-4-2, relating to qualifications of guardians selected for adults; (57) Code Section 29-4-3, relating to order of preference in selection of guardians; (58) Code Section 29-9-10, relating to oath by a duly appointed delegate of the Department of Human Resources; (59) Code Section 29-10-3, relating to qualifications and requirements of public guardians; (60) Code Section 29-10-4, relating to registration of public guardians with the probate court; (61) Code Section 29-10-10, relating to compensation of public guardians; (62) Code Section 29-10-11, relating to appropriation of funds for compensation of public guardians in certain circumstances; (63) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (64) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (65) Code Section 30-5-3, relating to definitions relative to the "Disabled Adults and Elder Persons Protection Act"' (66) Code Section 30-5-10, relating to cooperative effort in development of programs relating to the abuse and exploitation of persons 65 years of age or older; (67) Code Section 31-7-282, relating to collection and submission of health care data; (68) Code Section 31-8-52, relating to the establishment of a long-term care ombudsman program; (69) Code Section 31-8-116, relating to involuntary transfer of residents discharged from a long-term care facility; (70) Code Section 31-10-9.1, relating to social security account information of parents with respect to vital records; (71) Code Section 34-8-199, relating to uncollected overissuance of food stamp coupons; THURSDAY, MARCH 12, 2009 2063 (72) Code Section 39-4-1, relating to the definition of "appropriate public authority" with respect to the Interstate Compact on the Placement of Children; (73) Code Section 39-4-2, relating to the definition of "appropriate authority in the receiving state" with respect to the Interstate Compact on the Placement of Children; (74) Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees; (75) Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order; (76) Code Section 42-1-12, relating to the state sexual offender registry; (77) Code Section 42-9-58, relating to effect of state pardons and paroles laws on other laws respecting parole and probation; (78) Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses by a professional licensing board; (79) Code Section 45-9-4, relating to the commissioner of administrative services to purchase insurance or indemnity contracts; (80) Code Section 45-13-22, relating to distribution of Georgia Laws and journals of the House of Representatives and Senate; (81) Code Section 46-4-152, relating to definitions relative to the "Natural Gas Competition and Deregulation Act"; (82) Code Section 46-4-158.3, relating to adequate and accurate consumer information disclosure statements; (83) Code Section 48-7-29.15, relating to a tax credit for the adoption of a foster child; (84) Code Section 49-3-1, relating to establishment of county and district departments, boards, and directors; (85) Code Section 49-3-3, relating to appointment of county director; bond of county director; (86) Code Section 49-3-4, relating to appointment of staff, salaries, and power of the commissioner of human resources to transfer employees; (87) Code Section 49-3-6, relating to functions of county departments of family and children services; (88) Code Section 49-4-2, relating to definitions relative to public assistance; (89) Code Section 49-4-3, relating to establishment of categories of public assistance; (90) Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistance; (91) Code Section 49-4-8, relating to applications for public assistance; (92) Code Section 49-4-9, relating to investigation and record concerning application for public assistance; (93) Code Section 49-4-14, relating to regulations as to records relating to public assistance; (94) Code Section 49-4-36, relating to payment of assistance for needy individuals who are 65 years of age or older after recipient moves to another county; (95) Code Section 49-4-54, relating to duties of county departments under the "Aid to 2064 JOURNAL OF THE SENATE the Blind Act"; (96) Code Section 49-4-56, relating to reexamination of recipient's eyesight under the "Aid to the Blind Act"; (97) Code Section 49-4-60, relating to payment of assistance for needy blind individuals after recipient moves to another county; (98) Code Section 49-4-85, relating to payment of assistance for needy individuals who are totally and permanently disabled after recipient moves to another county; (99) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program; (100) Code Section 49-4-171, relating to a hearing on the petition for a personal representative to manage assistance payments; (101) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (102) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (103) Code Section 49-4-190, relating to construction of the laws relating to the temporary assistance for needy families program; (104) Code Section 49-5-4, relating to the coordination of other state departments, agencies, officers, and employees for children and youth services; (105) Code Section 49-5-7, relating to development and administration of public child welfare and youth services; (106) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources with respect to programs and protection for children and youth; (107) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; (108) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records; (109) Code Section 49-5-41.1, relating to inspection and retention of records of juvenile drug use; (110) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (111) Code Section 49-5-130, relating to legislative findings and intent relative to the Governor's Office for Children and Families; (112) Code Section 49-5-154, relating to study of youth needs for delinquency prevention and community based services; (113) Code Section 49-5-180, relating to definitions relative to a central child abuse registry; (114) Code Section 49-5-281, relating to the bill of rights for foster parents; (115) Code Section 49-6-20, relating to the creation of the Council on Aging; (116) Code Section 49-6-60, relating to legislative intent for community care and services for the elderly; (117) Code Section 49-6-61, relating to definitions relative to community care and services for the elderly; THURSDAY, MARCH 12, 2009 2065 (118) Code Section 49-6-72, relating to definitions relative to the "Georgia Family Caregiver Support Act"; (119) Code Section 49-6-81, relating to the legislative intent of the "Adult Day Center for Aging Adults Licensure Act"; (120) Code Section 49-6-82, relating to definitions relative to the "Adult Day Center for Aging Adults Licensure Act"; (121) Code Section 50-5-136, relating to the powers and authority of the State Use Council; and (122) Code Section 50-27-55, relating to setoff of debt collection against lottery prizes applicable to prizes of $5,000.00 or more. SECTION 2-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Human Services": (1) Code Section 9-10-152, relating to grounds for continuance in any case pending in the courts of this state for attendance by a board member at meeting of Board of Human Resources; (2) Code Section 17-8-30, relating to grounds for granting of continuances in any case pending in the courts of this state for party or party's counsel in attendance as a board member at meeting of Board of Human Resources; (3) Code Section 19-11-5, relating to debt to state created by payment of public assistance under the "Child Support Recovery Act"; (4) Code Section 30-5-6, relating to cooperation of other public agencies with the director of the Division of Aging Services of the Department of Human Resources under the "Disabled Adults and Elder Persons Protection Act"; (5) Code Section 45-10-40, relating to prohibitions on contracting with state institutions; (6) Code Section 45-10-41, relating to penalty for profiting from contracts with state institutions generally; (7) Code Section 49-3-6, relating to functions of county departments of family and children services; (8) Code Section 49-4-11, relating to award and payment of public assistance to needy persons; (9) Code Section 49-4-12, relating to periodic redetermination of public assistance awards; (10) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (11) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (12) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (13) Code Section 49-5-12, relating to licensing and inspection of child welfare 2066 JOURNAL OF THE SENATE agencies; and (14) Code Section 49-6-62, relating to the establishment of community care unit in the Division of Aging Services of the Department of Human Resources. SECTION 2-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of human services": (1) Code Section 19-8-16, relating to investigation by child-placing agency or other agent with respect to adoption; (2) Code Section 19-8-23, relating to where records of adoption are kept; (3) Code Section 19-11-9, relating to location of absent parents by the Department of Human Resources with respect to the "Child Support Recovery Act"; (4) Code Section 19-11-11, relating to issuance of subpoenas by the Department of Human Resources with respect to the "Child Support Recovery Act"; (5) Code Section 19-11-18, relating to collection procedures with respect to the "Child Support Recovery Act"; (6) Code Section 19-11-30.6, relating to reciprocal agreements with other states with respect to the "Child Support Recovery Act"; (7) Code Section 19-11-30.7, relating to construction of the "Child Support Recovery Act"; (8) Code Section 19-11-30.8, relating to annual reports with respect to the "Child Support Recovery Act"; (9) Code Section 19-11-30.9, relating to information subject to disclosure with respect to the "Child Support Recovery Act"; (10) Code Section 19-11-30.11, relating to fee on levied accounts with respect to the "Child Support Recovery Act"; (11) Code Section 20-1A-61, relating to the members of the Child Care Council; (12) Code Section 28-5-60, relating to creation of the Claims Advisory Board; (13) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (14) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (15) Code Section 31-8-53, relating to duties of the state long-term care ombudsman; (16) Code Section 45-7-7, relating to compensation and allowances of certain public officials not to be changed without giving public notice; (17) Code Section 45-9-4, relating to commissioner of administrative services to purchase insurance or indemnity contracts insuring or indemnifying state officers, officials, or employees against personal liability; (18) Code Section 49-3-3, relating to appointment of the director of each county board of family and children services; (19) Code Section 49-3-4, relating to appointment of the staff of each county board of family and children services; (20) Code Section 49-4-15.1, relating to examination of financial records in instances THURSDAY, MARCH 12, 2009 2067 of alleged fraud by recipients of food stamps and public assistance; (21) Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice; (22) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (23) Code Section 49-8-3, relating to definitions relative to "The Economic Rehabilitation Act of 1975"; (24) Code Section 50-5-69, relating to state purchases without competitive bidding; and (25) Code Section 50-5-135, relating to the creation of the State Use Council. SECTION 2-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Office of Aging" or "Office of Aging Section" wherever it occurs with "Division of Aging Services": (1) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (2) Code Section 49-6-5, relating to the creation of the Office of Aging Section within the Department of Human Resources; and (3) Code Section 49-6-20, relating to the creation of the Council on Aging. SECTION 2-6. Code Section 10-1-395 of the Official Code of Georgia Annotated, relating to the appointment and duties of the administrator and the creation of the Consumer Advisory Board, is amended by revising subsection (a) as follows: "(a) The administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the administrator shall be attached to the office of the Governor for administrative purposes only. The administrator shall perform all functions formerly performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources (now known as the Department of Human Services)." SECTION 2-7. Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to commitment of child 13 to 17 years of age to custody of Department of Corrections, is amended by revising paragraph (2) of subsection (e) as follows: "(2) During the placement or any extension thereof: (A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or such commissioner's designated deputy; (B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive 2068 JOURNAL OF THE SENATE special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Resources Services, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health; (C) The child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and (D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and" SECTION 2-8. Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to definitions relative to child abuse, is amended by revising paragraph (4) as follows: "(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Health, Department of Behavioral Health, or the Department of Human Resources Services or any county board of health or county department of family and children services." SECTION 2-9. Code Section 20-1A-3 of the Official Code of Georgia Annotated, relating to the commissioner and board of the Department of Early Care and Learning, is amended by revising subsection (d) as follows: "(d) The board shall determine policies and promulgate rules and regulations for the operation of the department including: (1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; (3) Functions transferred to the department from the Georgia Child Care Council THURSDAY, MARCH 12, 2009 2069 pursuant to Code Section 20-1A-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17." SECTION 2-10. Code Section 20-1A-4 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Early Care and Learning, is amended by revising paragraph (8) as follows: "(8) To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8;" SECTION 2-11. Code Section 20-1A-8 of the Official Code of Georgia Annotated, relating to the transfer of functions, powers, personnel, equipment, and assets from Department of Human Resources to the Department of Early Care and Learning, is amended by revising subsections (a) and (b) as follows: "(a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources (now known as the Department of Human Services) for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources, (now known as the Department of Human Services) which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004." 2070 JOURNAL OF THE SENATE SECTION 2-12. Code Section 20-1A-9 of the Official Code of Georgia Annotated, relating to the authority to license and regulate day-care centers, group day-care homes, and family daycare homes transferred to the Department of Early Care and Learning, is amended as follows: "20-1A-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board." SECTION 2-13. Code Section 24-9-101, of the Official Code of Georgia Annotated, relating to definitions relative to use of sign language and intermediary interpreter in administrative and judicial proceedings, is amended by revising paragraph (2) as follows: "(2) 'Department' means the Department of Human Resources Labor." SECTION 2-14. Chapter 4 of Title 31 of the Official Code of Georgia Annotated, relating to the Council on Maternal and Infant Health, is repealed in its entirety and reserved. SECTION 2-15. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to definitions relative to the long-term care ombudsman, is amended by adding a new paragraph to read as follows: "(1.1) 'Department' means the Department of Human Services." SECTION 2-16. Code Section 31-8-82 of the Official Code of Georgia Annotated, relating to reporting abuse or exploitation of a resident in a long-term care facility, is amended by revising subsection (a) as follows: "(a) Any: (1) Administrator, manager, physician, nurse, nurse's aide, orderly, or other employee in a hospital or facility; (2) Medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social THURSDAY, MARCH 12, 2009 2071 worker, coroner, clergyman, police officer, pharmacist, physical therapist, or psychologist; or (3) Employee of a public or private agency engaged in professional services to residents or responsible for inspection of long-term care facilities who has knowledge that any resident or former resident has been abused or exploited while residing in a long-term care facility shall immediately make a report as described in subsection (c) of this Code section by telephone or in person to the department. In the event that an immediate report to the department is not possible, the person shall make the report to the appropriate law enforcement agency. Such person shall also make a written report to the Department of Human Resources Services within 24 hours after making the initial report." SECTION 2-17. Code Section 34-15-2 of the Official Code of Georgia Annotated, relating to the July 2001 transfer of the Division of Rehabilitation Services to the Department of Labor, is amended by revising subsection (a) as follows: "(a) The Division of Rehabilitation Services within the Department of Human Resources (now known as the Department of Human Services), including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Board of Human Resources (now known as the Board of Human Services) or the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001." SECTION 2-18. Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, is amended by revising paragraphs (14) and (33) of subsection (o) as follows: "(14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Services to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population." "(33) A special license plate supporting programs for the treatment of autism. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Services for the support of programs for the treatment of autism in Georgia." 2072 JOURNAL OF THE SENATE SECTION 2-19. Code Section 43-26-51 of the Official Code of Georgia Annotated, relating to the purpose of the "Georgia Qualified Medication Aide Act," is amended as follows: "43-26-51. The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through the delegation of certain activities performed by registered professional nurses and licensed practical nurses to persons who are certified as qualified medication aides and who are employed by and working in community living arrangements established by the Department of Human Resources Services pursuant to paragraphs (15) and (16) paragraph (11) of subsection (b) of Code Section 37-1-20 492-6." SECTION 2-20. Code Section 43-26-52 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Qualified Medication Aide Act," is amended by revising paragraph (3) as follows: "(3) 'Community living arrangement' means any residence, whether operated for profit or not for profit, which undertakes through its ownership or management to provide or arrange for the provision of daily personal services, support, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage which is established by the Department of Human Resources Services pursuant to paragraph (16) (11) of subsection (b) of Code Section 37-1-20 492-6 and whose services are financially supported, in whole or part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Human Services. A community living arrangement is also referred to as a 'residence.'" SECTION 2-21. Code Section 45-20-90 of the Official Code of Georgia Annotated, relating to definitions relative to random drug testing of public employees in high-risk jobs, is amended by revising paragraph (2) as follows: "(2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources State Personnel Board." SECTION 2-22. Code Section 46-1-5 of the Official Code of Georgia Annotated, relating to duties of the Department of Human Resources with regard to assistance to low or fixed income consumers of gas and electric service, is amended as follows: "46-1-5. By March 2, 1982, the Department of Human Resources (now known as the THURSDAY, MARCH 12, 2009 2073 Department of Human Services) shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion, should benefit from public assistance in paying their bills for gas and electric service. The department shall also establish an efficient and economical method for distributing to such consumers all public assistance funds which will be made available, whether by appropriations of state or federal funds, grants, or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its program. Nothing in this Code section shall limit the commission's authority to order regulatory alternatives which assist low or fixed income ratepayers." SECTION 2-23. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to setoff debt collection, is amended as follows: "48-7-161. As used in this article, the term: (1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Resources Services and the Department of Behavioral Health with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section 49-4-15, and Chapter 9 of Title 37; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult. (2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of 2074 JOURNAL OF THE SENATE whether there is an outstanding judgment for the sum, any sum which is due and owing any person and is enforceable by the Department of Human Resources Services pursuant to subsection (b) of Code Section 19-11-8, or any sum of restitution or reparation due pursuant to a sentence imposed on a person convicted of a crime and sentenced to restitution or reparation and probation. (3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy. (4) 'Refund' means the Georgia income tax refund which the department determines to be due any individual taxpayer." SECTION 2-24. Code Section 49-4A-5 of the Official Code of Georgia Annotated, relating to transfer of functions and employees of the Division of Youth Services, is amended by revising subsection (b) as follows: "(b) Any employees of the Department of Juvenile Justice who became so employed by virtue of their transfer from the Division of Youth Services of the Department of Human Resources (now known as the Department of Human Services) on June 30, 1992, shall retain their compensation and benefits and such may not be reduced. Transferred employees who were subject to the State Merit System of Personnel Administration 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 July 1, 1992, 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, 1992. Accrued annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department." SECTION 2-25. Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions relative to employees' record checks for day-care centers, is amended by revising paragraph (1) as follows: "(1) 'Center' means a child-caring institution or child-placing agency child welfare agency, as defined in subsection (a) of Code Section 49-5-12, which is required to be licensed or registered under Article 1 of this chapter." SECTION 2-26. Code Section 49-5-69.1 of the Official Code of Georgia Annotated, relating to fingerprint and preliminary records check for foster homes, is amended as follows: "49-5-69.1. (a) No licensed child-placing agency child welfare agency, as defined in this chapter subsection (a) of Code Section 49-5-12, shall place a child in a foster care home unless THURSDAY, MARCH 12, 2009 2075 the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have received a satisfactory preliminary records check determination. Additionally, no child shall continue to be placed in such foster care home unless the foster parent or parents also subsequently receive a satisfactory fingerprint records check determination. A child-placing agency child welfare agency or any applicant for a license for such an agency shall be required to submit to the department a preliminary records check application and a records check application for the foster parent or parents of any foster care home used by the agency and a preliminary records check application for any other adult persons that reside in the home or provide care to children placed in the home. In lieu of such applications, the agency or license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months such foster parent or parents or other adult persons have received a satisfactory fingerprint records check determination or a satisfactory preliminary records check determination. (b) After receiving or obtaining the fingerprint records check determinations or the preliminary records check determinations, the department shall notify in writing the agency or license applicant as to each person for whom an application was received regarding whether the department's determinations were satisfactory or unsatisfactory. If any such determinations are unsatisfactory, such homes shall not be used by the child-placing agency child welfare agency as foster care homes. (c) The department shall have the authority to take any of the actions enumerated in subsection (c) of Code Section 31-2-6 49-2-17 if a licensed child-placing agency child welfare agency or an applicant for such a license violates any provision of this Code section. (d) An executive director of a child-placing agency child welfare agency that uses a foster care home with a foster parent or parents or other adult persons referenced in this Code section whom the executive director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor. (e) In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation of a foster home or to serve as foster parents as provided in this article. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the Federal Bureau of Investigation." SECTION 2-27. Code Section 49-6-84 of the Official Code of Georgia Annotated, relating to the authority of the Department of Human Resources to promulgate rules and regulations under the "Adult Day Center for Aging Adults Licensure Act," is amended as follows: "49-6-84. The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as 2076 JOURNAL OF THE SENATE provided in Code Section 31-2-6 49-2-17. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 2-28. Code Section 49-8-4 of the Official Code of Georgia Annotated, relating to administration of "The Economic Rehabilitation Act of 1975," is amended by revising subsection (a) as follows: "(a) For purposes of administration, responsibility for the coordination of community services and fiscal accountability shall be determined by the commissioner of human resources services. SECTION 2-29. Code Section 50-5-136 of the Official Code of Georgia Annotated, relating to the powers and authority of the State Use Council, is amended by revising paragraph (4) of subsection (b) as follows: "(4) To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources (now known as the commissioner of human services for these purposes) as of February 8, 1994, shall not have to undergo the certification evaluation and approval process until 24 months from February 8, 1994;" PART III Department of Behavioral Health. SECTION 3-1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Chapter 1 and Article 1 of Chapter 2, relating to general provisions and administration of mental health, developmental disabilities, addictive diseases, and other disability services, respectively, as follows: "CHAPTER 1 ARTICLE 1 37-1-1. As used in this title, the term: THURSDAY, MARCH 12, 2009 2077 (1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse a chronic, often relapsing, brain disease that causes compulsive alcohol or drug seeking and use despite harmful consequences to the individual who is addicted and to those around him or her. (2) 'Board' means the Board of Human Resources Behavioral Health. (3) 'Commissioner' means the commissioner of human resources behavioral health. (4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (5) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2. (6) 'County board of health' means a county board of health established in accordance with Chapter 3 of Title 31 and includes its duly authorized agents. (7) 'Department' means the Department of Human Resources Behavioral Health and includes its duly authorized agents and designees. (8) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (9)(8) 'Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff. (10)(9) 'Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution. (11)(10) 'Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43. (12)(11) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 4339-1. (13)(12) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (14)(13) 'Regional coordinator' means an employee of the department who acts as the department's agent and designee to manage community and hospital services for consumers of disability services within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(14) 'Regional office' means a Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources an office created pursuant to Code Section 37-2-4.1. Such office shall serve as the entity for the administration of disability services in a region. (16)(15) 'Regional planning board' means a mental health, developmental disabilities, and addictive diseases planning board established in accordance with Code Section 37-2-4.1. (17)(16) 'Regional services administrator' means an employee of the department who, under the supervision of the regional coordinator, manages the purchase or authorization of services, or both, for consumers of disability services, the assessment 2078 JOURNAL OF THE SENATE and coordination of services, and ongoing monitoring and evaluation of services provided within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (18)(17) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (19)(18) 'Resident' means a person who is a legal resident of the State of Georgia. 37-1-2. (a) The General Assembly finds that the state has a need to continually improve its system for providing effective, efficient, and quality mental health, developmental disability, and addictive disease services. The General Assembly also finds that the needs of the publicly funded mental health, developmental disability, and addictive disease system and the state can best be met through reorganizing the regional mental health, mental retardation, and substance abuse boards and certain functions of the Department of Human Resources. Further, the General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of individuals with mental health, developmental disability, or addictive disease needs and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles which include, but are not limited to, the following: (1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services; (2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration; (3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need; (4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness; (5) Planning should reside begin at the local level, with the primary authority vested in and include local government, consumers, families, advocates, and other interested local parties; (6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be THURSDAY, MARCH 12, 2009 2079 emphasized for those disabilities which are known to be preventable; (7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction; (8) The functions of service planning, coordination, contracting, resource allocation, and consumer assessment should be separated from the actual treatment, habilitation, and prevention services provided by contractors; (9) Consumers and families should have a single, community based point of entry into the system; (10) Consumers, staff, providers, and regional planning board and community service board members should receive ongoing training and education and should have access to key management resources such as information systems and technical and professional support services; and (11) The department is responsible for ensuring the appropriate use of state, federal, and other funds to provide quality services for individuals with mental health, developmental disabilities, or addictive disease needs who are served by the public system and to protect consumers of these services from abuse and maltreatment. (b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for mental health, developmental disability, and addictive disease programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible. (c) The purpose of this chapter and Chapter 2 of this title is to provide for a comprehensive and improved mental health, developmental disability, and addictive disease services planning and delivery system in this state which will develop and promote the essential public interests of the state and its citizens. The provisions of this chapter and Chapter 2 of this title shall be liberally construed to achieve their purposes. 37-1-3. (a) There is created the Board of Behavioral Health which shall establish the general policy to be followed by the Department of Behavioral Health. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, with regard to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Board of Behavioral Health effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. 2080 JOURNAL OF THE SENATE Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards. 37-1-4. (a) There is created a Department of Behavioral Health. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Department of Behavioral Health effective July 1, 2009. (b) There is created the position of commissioner of behavioral health. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (c) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department. 37-1-5. (a) The Department of Behavioral 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 Behavioral Health pursuant to Code Section 37-1-4 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 Behavioral Health pursuant to Code Section 37-1-4. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Behavioral Health by proper authority or as otherwise provided by law. (b) The rights, privileges, entitlements, and duties of parties to contracts, leases, THURSDAY, MARCH 12, 2009 2081 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 Behavioral Health pursuant to Code Section 37-1-4 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 Behavioral Health. In all such instances, the Department of Behavioral Health shall be substituted for the Department of Human Resources, and the Department of Behavioral Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Behavioral Health pursuant to Code Section 37-1-4 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Behavioral Health in similar capacities, as determined by the commissioner of behavioral health. Such employees shall be subject to the employment practices and policies of the Department of Behavioral 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 Behavioral Health. (d) On July 1, 2009, the Department of Behavioral Health shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Behavioral Health pursuant to Code Section 37-1-4. ARTICLE 2 37-1-20. (a) The Division of Mental Health, Developmental Disabilities, and Addictive Diseases shall be a division of the department and shall be managed by a director whose qualifications meet standards set by the board. (b) The department, through the division, shall: (1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care, and treatment, and rehabilitation; recovery; and social, employment, housing, and community supports and services based on single or co-occurring diagnoses provided by the institutions, contractors, and programs under its control, management, or supervision; 2082 JOURNAL OF THE SENATE (3) Plan for and implement the coordination of mental health, developmental disability, and addictive disease services with physical health services, and the prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that the public and private providers of any of these services that receive state support notify other providers of services to the same patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering; (4) Ensure that providers of mental health, developmental disability, or addictive disease services coordinate with providers of primary and specialty health care so that treatment of conditions of the brain and the body can be integrated to promote recovery, health, and well-being; (3)(5) Have authority to contract for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services, and choice of providers for consumers, and to comply with the applicable federal laws, rules, and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (4)(6) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; (5)(7) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health and addictive disease recovery; (6)(8) Assign specific responsibility to one or more units of the division department for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (7)(9) Establish a system for regional administration of mental health, developmental disability, and addictive disease services in institutions and in the community under the supervision of a regional coordinator; (8)(10) Make and administer budget allocations to regional offices of the division established by the board pursuant to Code Section 37-2-4.1 to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (9)(11) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (10)(12) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (11)(13) Disseminate information about available services and the facilities through THURSDAY, MARCH 12, 2009 2083 which such services may be obtained; (12)(14) Supervise the regional office's exercise of its responsibility and authority concerning funding and delivery of disability services; (13)(15) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (14)(16) Supervise the regional offices concerning making administration of contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the division department and the regional offices; (15)(17) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the division department, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the division; department; (16) Classify 'community living arrangements' and 'host homes' for persons whose services are financially supported, in whole or in part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. As used in this Code section, the term: (A) 'Community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage. (B) 'Host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the division. The division shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; and (17) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements. 2084 JOURNAL OF THE SENATE (c) The department shall: (1)(18) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division commissioner regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; (19) With respect to housing opportunities for persons with mental illness and cooccurring disorders: (A) Coordinate the department's programs and services with other state agencies and housing providers; (B) Facilitate partnerships with local communities; (C) Educate the public on the need for supportive housing; (D) Collect information on the need for supportive housing and monitor the benefit of such housing; and (E) Identify and determine best practices for the provision of services connected to housing; (2)(20) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; and (3)(21) Assign specific responsibility to one or more units of the division department for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs; and (4) Classify and license community living arrangements, as defined in paragraph (16) of subsection (b) of this Code section, in accordance with the rules and regulations promulgated by the department for the licensing of community living arrangements and the enforcement of licensing requirements. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-6 and 317-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable. 37-1-21. (a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities; state hospitals for the treatment of tubercular patients; programs for the care, custody, and treatment of addictive disease; and other facilities, institutions, or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties: THURSDAY, MARCH 12, 2009 2085 (1) To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries as provided for by the pay plan covering positions under the State Merit System of Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the commissioner shall not be subject to the State Merit System of Personnel Administration or the rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (2) To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program; (3) To bring suit in its name for any claims which any such facility or institution may have, however arising; (4) To appoint police of such facilities, institutions, or programs who are authorized, while on the grounds or in the buildings of the respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated. If because of the contagious or infectious nature of the disease of persons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as provided in other cases. After trial and conviction of any such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution, or program; and (5) To have full authority to receive patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section. (b) The board is empowered to prescribe all rules and regulations for the management of such facilities, institutions, and programs not conflicting with the law. 37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis 2086 JOURNAL OF THE SENATE of state financial participation in mental health, developmental disabilities, and addictive diseases programs. 37-1-23. The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and the division are is directed to make the board's and the department's rules available for distribution. 37-1-24. No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function. 37-1-25. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department. 37-1-26. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce. 37-1-27. (a) The General Assembly makes the following findings: (1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; THURSDAY, MARCH 12, 2009 2087 (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the department. (c) The department, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the Division of Aging Services and Division of Family and Children Services of the Department of Human Services, the Department of Health, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the department in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external causes of injury; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding. ARTICLE 3 37-1-40. All rules and regulations of the Board of Human Resources Behavioral Health shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' ARTICLE 4 37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or 2088 JOURNAL OF THE SENATE suspended without opportunity for a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act. (b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing. 37-1-51. Reserved. 37-1-52. Reserved. 37-1-53. Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7166, and 37-7-167. ARTICLE 5 Part 1 37-1-70. As used in this chapter part, the term: (1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a 'public mental health law.' (2) 'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder. 37-1-71. The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified THURSDAY, MARCH 12, 2009 2089 in this chapter. Such warrant shall authorize the commissioner or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title. 37-1-72. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when he the judge is satisfied that the following conditions are met: (1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this chapter part. 37-1-73. The inspection warrant shall be validly issued only if it meets the following requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced. 37-1-74. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter part shall be competent as evidence in any criminal proceeding against any party. Part 2 37-1-90. The Department of Human Resources Behavioral Health is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this 2090 JOURNAL OF THE SENATE state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs. Part 3 37-1-100. Any person violating the provisions of this title shall be guilty of a misdemeanor. CHAPTER 2 ARTICLE 1 37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or developmentally disabled including individuals with epilepsy, cerebral palsy, autism, and other neurologically disabling conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the policy of this state to provide adequate mental health, developmental disability, addictive disease, and other disability services to all its citizens. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private. (c) It is the purpose of this chapter to enable and encourage the development of comprehensive, preventive, early detection, habilitative, rehabilitative, and treatment disability services; to improve and expand community programs for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities. (d) The provisions of this chapter shall be liberally construed to achieve the objectives set forth in this Code section. 37-2-2. As used in this chapter, the term: (1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse a chronic, often relapsing, brain disease THURSDAY, MARCH 12, 2009 2091 that causes compulsive alcohol or drug seeking and use despite harmful consequences to the individual who is addicted and to those around him or her. (2) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (2.1)(3) 'Community service board area' means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the division department pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (2.2)(4) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services. (3)(5) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section. (6) 'Council' means the Behavioral Health Coordinating Council established pursuant to Code Section 37-2-4. (4)(7) 'Developmental disability' includes mental retardation and other neurologically disabling conditions, including epilepsy, cerebral palsy, and autism, which require treatment similar to that for individuals with mental retardation. means a severe, chronic disability of an individual that: (A) Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments; (B) Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities: (i) Self-care; (ii) Receptive and expressive language; (ii) Learning; (iv) Mobility; (v) Self-direction; (vi) Capacity for independent living; and (vii) Economic self-sufficiency; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated. When applied to infants and young children, the term means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided. (5) 'Director' means the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. 2092 JOURNAL OF THE SENATE (6)(8) 'Disability' means: (A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease. (7)(9) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (8)(10) 'Disabled' means any person or persons having a disability. (9) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (11) 'Health services' means any education or service provided by the Department of Health or by the Department of Human Services, either directly or by contract. (10)(12) 'Hospital' means a state owned or state operated facility providing services which include, but are not limited to, inpatient care and the diagnosis, care, and treatment or habilitation of the disabled. Such hospital may also provide or manage state owned or operated programs in the community. (11)(13) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (12)(14) 'Regional office' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the division department which shall serve as the entity for the administration of disability services in a region. (13)(15) 'Regional planning board' means a regional mental health, developmental disabilities, and addictive diseases board established in accordance with Code Section 37-2-4.1. 37-2-2.1. The Department of Human Resources shall have a Division of Mental Health, Developmental Disabilities, and Addictive Diseases. 37-2-3. (a) The board shall designate boundaries for mental health, developmental disabilities, and addictive diseases regions and may modify the boundaries of such regions from time to time as deemed necessary by the board. (b) The division department, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment of community service boards within this state for the purpose of delivering disability services. The division department shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The division department, with the approval of the commissioner, is THURSDAY, MARCH 12, 2009 2093 authorized to redesignate two or more contiguous community service board areas as a single community service board area upon the request of the community service boards serving such areas; and, if so authorized, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area. (c) To the extent practicable, the boundaries for regional planning boards and offices and community service areas shall not subdivide any county unit or conflict with any districts established by the department Department of Health and the state relating to the planning for, or delivery of, health services. In dividing the state into areas, the board, and the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services. 37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Developmental Disabilities, and Addictive Diseases, referred to in this chapter as the 'Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member. There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health; the commissioner of health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor. (b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability 2094 JOURNAL OF THE SENATE services programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governor's council shall also provide guidance and assistance to the regional planning boards, hospitals, community service boards, and other private or public providers in the performance of their duties. (b) The commissioner of behavioral health shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws. (c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days' public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent. (d) Except as otherwise provided in this Code section, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council. (e) The council shall: (1) Develop solutions to the systemic barriers or problems to the delivery of behavioral health services by making recommendations that implement funding, policy changes, practice changes, and evaluation of specific goals designed to improve services delivery and outcome for individuals served by the various departments; (2) Focus on specific goals designed to resolve issues for provision of behavioral health services that negatively impact individuals serviced by at least two departments; (3) Monitor and evaluate the implementation of established goals; and (4) Establish common outcome measures. THURSDAY, MARCH 12, 2009 2095 (f)(1) The council may consult with various entities, including state agencies, councils, and advisory committees and other advisory groups as deemed appropriate by the council. (2) All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council. (g) The council shall be attached to the Department of Behavioral Health for administrative purposes only as provided by Code Section 50-4-3. (h)(1) The council shall submit annual reports of its recommendations and evaluation of their implementation to the Governor and the General Assembly. (2) The recommendations developed by the council shall be presented to the board of each member department for approval or review at least annually. (i) For purposes of this Code section, the term 'behavioral health services' has the same meaning as 'disability services' as defined in Code Section 37-2-2. 37-2-4.1. (a) The division department shall create regional mental health, developmental disabilities, and addictive diseases offices. The number of these offices may be modified from time to time as deemed necessary by the division department. (b) The division department, in consultation with the Department of Human Services, shall create a separate regional mental health, developmental disabilities, and addictive diseases planning board for each regional office established under subsection (a) of this Code section. Each board shall provide and facilitate coordinated and comprehensive planning for its region in conformity with minimum standards and procedures established by the division department. Each board shall be designated with such identifying words before the term 'regional mental health, developmental disabilities, and addictive diseases planning board' as that regional planning board may, from time to time, choose and designate by official action. (c) The powers, functions, obligations, and duties of the regional mental health, mental retardation, and substance abuse boards as they existed on June 30, 2002, are transferred to the department. The department shall succeed to all rights, privileges, entitlements, contracts, leases, agreements, and other transactions of the regional boards which were in effect on June 30, 2002, and none of those rights, privileges, entitlements, contracts, leases, agreements, and other transactions shall be impaired or diminished by reason of such transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. 37-2-5. (a) Each regional planning board shall engage in disability services planning within its region and shall perform such other functions as may be provided or authorized by law. 2096 JOURNAL OF THE SENATE (b) Membership on the regional planning board within an established region shall be determined as follows: (1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the local board of education, or any other elected or appointed official to serve on the regional planning board, provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on a community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2)(1) A person shall not be eligible to be appointed to or serve on a regional planning board if such person is: (A) A member of the community service board which serves that region; or (B) An employee or board member of a private or public entity which contracts with the department, through the division, the Department of Human Services, or the Department of Health to provide health, mental health, developmental disabilities, or addictive diseases services within the region; or (C) An employee of such regional office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional office. ;or (D) An employee or board member of the department, the Department of Human Services, or the Department of Health. (2) A person shall not be eligible to be appointed to or serve on a regional planning board if such person's spouse, parent, child, or sibling is a member of that regional planning board or a member, employee, or board member specified in subparagraph (A), (B), or (C) of paragraph (1) of this subsection. No person who has served a full term or more on a regional board or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on the regional board or the regional planning board. No person who has served on a regional board and who becomes a member of a regional planning board on June 30, 2002, may be appointed to a community service board THURSDAY, MARCH 12, 2009 2097 until a period of at least two years has passed since the time such person has served on the regional planning board. (c) In making appointments to the regional planning board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional planning board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. (d)(1) In addition, members of the regional mental health, mental retardation, and substance abuse boards in office on June 30, 2002, shall become members of the regional planning board for the area in which they reside on July 1, 2002, and shall serve out the balance of their terms. (2) The initial term of a new member of a regional planning board shall be determined by the commissioner in order to establish staggered terms on the board. At such time as the terms of the members of the board are equally staggered, the term of a member of the regional planning board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional planning board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity or such other reasonable condition as the regional planning board may impose under its bylaws. Vacancies on the regional planning board shall be filled in the same manner as the original appointment. (e) Prior to August 1, 2002, each regional planning board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered terms of the board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chairperson and vice chairperson of the regional planning board shall be elected from among the members of the board to serve a term of one year with the option of reelection for an additional oneyear term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. Prior to their adoption by the regional planning board, the bylaws shall be submitted to the division department for review and approval. The regional planning board must have the 2098 JOURNAL OF THE SENATE written approval of the director of the division commissioner prior to the adoption of bylaws. (f) The regional planning board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional planning board. (g) Each member of the regional planning board may, upon approval of the regional coordinator, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (h) Each regional planning board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section. 37-2-5.1. (a) Each region shall be served by a regional coordinator, who shall be duly qualified and appointed by the director of the division commissioner. The regional coordinator shall serve as the supervisor of the regional office, which shall be a unit of the division department. The regional coordinator shall serve at the pleasure of the division director commissioner. The director of the division commissioner shall be authorized to appoint an interim regional coordinator at any time that the position of regional coordinator is vacant and prior to the appointment of a duly qualified and approved successor. (b) The regional coordinator may appoint such other staff including a regional services administrator and a regional state hospital administrator and personnel to work for the regional office as the division department deems necessary and appropriate. The regional coordinator and such staff and personnel shall be employees of the division department. Expenses for the regional office and planning board, the employment of the regional coordinator, other staff and personnel, and the operation of the regional office shall be funded by the division department as funds are appropriated by the General Assembly. The department and the division shall impose limits on the administrative and operating expenditures of the regional office and planning board. (c)(1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a given region shall be managed through the division department; the term 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division department shall establish a funding amount for regions conditioned upon the amount of funds appropriated. The funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, THURSDAY, MARCH 12, 2009 2099 infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2) The division department shall establish guidelines to ensure that regions receive such funding based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division department shall ensure that funds are managed based primarily on services to clients and in compliance with all federal, state, and regulatory requirements. (3) The division department, in compliance with the provisions of the General Appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division department shall develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization. 37-2-5.2. (a) Under the supervision of the division department, each regional office shall have the following duties and functions: (1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan for the funding and provision of all disability services in the region. The plan shall be submitted to the division department at a time and in the manner specified by the division department so as to ensure that the plan is a basis for the annual appropriations request; (2) To provide, as funds become available, for consumer assessment and service authorization and coordination for each consumer receiving services within the region; (3) To exercise responsibility and authority as specified in this chapter within the region in all matters relating to the funding and delivery of disability services; (4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services; (5) To enter into contracts on behalf of the division department with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to enter into all contracts on behalf of the division department necessary or incidental to the performance of duties and functions of the division department and regional office; (6) To encourage the development, in cooperation with the division department, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region; (7) To serve as the representative of the citizens of the area in regard to disability services; (8) To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services 2100 JOURNAL OF THE SENATE and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service; (9) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; (10) To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the division department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and (11) To participate with other regional offices and planning boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities: (A) To work cooperatively with all units of county and local government, including the county boards of health, within the region; (B) To establish goals and objectives, not inconsistent with those established by the division and the department, for its region; and (C) To participate in the establishment and operation of a data base and network, coordinated by the division department, to serve as a comprehensive management information system for disability services and programs. (b) It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the division department the flexibility and authority necessary to enter into contracts on behalf of the division department with a wide range of public and private providers to ensure that consumers are afforded cost-effective, locally based, and quality disability services. Under the supervision of the division department, regional offices are specifically authorized to enter into contracts on behalf of the division department directly with any county governing authority, any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. (c) Each regional office shall account for all funds received, expended, and administered and shall make reports to the division department and to the Department of Human Services regarding the funds received from each such department. The audit of such activity shall be part of the annual audit of the appropriate department. 37-2-6. (a) Community service boards in existence on June 30, 2006, are re-created effective July 1, 2006, to provide mental health, developmental disabilities, and addictive diseases services. Such Effective July 1, 2009, such community service boards may enroll and contract with the department, the Department of Human Services, or the THURSDAY, MARCH 12, 2009 2101 Department of Health to become a provider of mental health, developmental disabilities, and addictive diseases services or health services. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained. (b) Each community service board shall consist of members appointed by the governing authorities of the counties within the community service board area. Membership on such community service board shall be determined as follows: (1)(A) The governing authority of each county within the community service board area: (i) With a population of 50,000 or less according to the most recent United States decennial census shall appoint one member to the board; and (ii) With a population of more than 50,000 according to the most recent United States decennial census shall appoint one member for each population increment of 50,000 or any portion thereof; or (B) In the event that the number of community service board member positions established in accordance with subparagraph (A) of this paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly: (i) For community service boards whose community service board area contains 13 or fewer counties, the board shall be set at 13 members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all 13 members of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and (ii) For community service boards whose community service board area contains more than 13 counties, one member of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the board is equal to the number of counties in the community service board area. The county governing authority shall appoint as at least one of its appointments a 2102 JOURNAL OF THE SENATE consumer of disability services, a child psychiatrist, a family member of a consumer, an advocate for disability services or for health services, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases or health services; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (2) In addition to the members appointed pursuant to paragraph (1) of this subsection, each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows: (A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed the maximum number of members. Any additional positions created in conformity with such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July 1, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its THURSDAY, MARCH 12, 2009 2103 members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30, 2006, shall expire on June 30, 2006; and (4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is: (i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division department, the Department of Human Services, or the Department of Health to provide mental health, developmental disabilities, and addictive diseases services or health services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (1) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources (now known as the Department of Behavioral Health for these purposes) or an employee of a county board of health may shall not serve on a community service board. For terms of office which begin July 1, 2009, or later, an employee of the department, the Department of Human Services, or the Department of Health or a board member of the respective boards of each department shall not serve on a community service board. (c) In making appointments to the community service board, the county governing authorities shall ensure that such appointments are reflective of the cultural and social 2104 JOURNAL OF THE SENATE characteristics, including gender, race, ethnic, and age characteristics, of the community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is and consumers of health services are represented on the community service board, and in making such appointments the county governing authorities may consider suggestions from clinical professional associations as well as advocacy groups. For the purposes of this subsection, 'advocacy groups' means any organizations or associations that advocate for, promote, or have an interest in disability services or health services and are exempted as a charitable organization from federal income tax pursuant to Section 501(c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services or health services. (c.1) A county governing authority in making appointments to the community service board shall take into consideration that at least one member of the community service board is an individual who is trained or certified in finance or accounting; provided, however, if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with financial or accounting practices. (d) Each county in which the governing authority of the county is authorized to appoint members to the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on June 30, 2006, shall continue to exist along with the new powers granted to the community service boards effective July 1, 2006. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if: (1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts adopted a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits submitted a copy of such resolution to the former division before July 1, 1993; or (2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of THURSDAY, MARCH 12, 2009 2105 Human Resources on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits submitted a written agreement to the former division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be was submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts adopted a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits submitted a copy of that resolution to the former division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with the provisions of this chapter. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services or of health services and family members of consumers constitute no less than 50 percent of the board members appointed pursuant to subsection (b) of this Code section, and a 2106 JOURNAL OF THE SENATE mechanism for ensuring equitable representation of the various disability groups and health services. A quorum for the transaction of any business and for the exercise of any power or function of the community service board shall consist of a majority of the total number of filled board member positions appointed pursuant to subsection (b) of this Code section. A vote of the majority of such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term of office for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. For the purposes of this subsection, 'equitable representation of the various disability and health service groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the board members holding membership pursuant to subsection (b) of this Code section shall be appointed so as to assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests and the interests of consumers of health services. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six and no more than 13 members, not including any additional members appointed pursuant to paragraph (2) of subsection (b) of this Code section, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (6) (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service THURSDAY, MARCH 12, 2009 2107 board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office: STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the _______________________ Community Service Board to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state. _____________________ Signature of member of ____________________ Community Service Board Sworn and subscribed before me this ______ day of ______________, ____. (SEAL) _____________________ Typed name of member of ____________________ Community Service Board 37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability and health 2108 JOURNAL OF THE SENATE services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority: (1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for as so long as and to the extent that each employee of such board who is a covered THURSDAY, MARCH 12, 2009 2109 employee as defined in Code Section 45-20-2 and is subject to the rules and regulations of the State Merit System of Personnel Administration remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services or of health services; (9) Each community service board may establish fees for the provision of disability services or health services according to the terms of contracts entered into with the department, Department of Human Resources Services, and the or Department of Community Health, as appropriate; (10) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from local governmental entities in the counties where the community service board provides services; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, such reimbursement shall not exceed the rates and allowances set for state employees by the Office of Planning and Budget or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; (15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services or of health services through the Department of Health, in accordance with the terms of contracts entered into with the department, Department of Human Services, or Department of Health, as appropriate; (16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as 2110 JOURNAL OF THE SENATE permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services or of health services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services or of health services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board does shall not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services or health services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or THURSDAY, MARCH 12, 2009 2111 lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board's agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department, Department of Human Services, or Department of Health and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability or health service professionals, and other providers of disability services or health services to arrange for the provision of disability services or health services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services or health services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability or health services related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless 2112 JOURNAL OF THE SENATE otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care, or disability services, or health services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care, or disability service, or health service. 37-2-6.2. (a)(1) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board 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, 1994, 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, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in service, by the division department, Department of Human Services, or Department of Health, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board. (2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (3) All rights, credits, and funds in the Employees' Retirement System of Georgia THURSDAY, MARCH 12, 2009 2113 which are possessed by personnel transferred by provisions of this Code section to the community service boards are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service boards. (b) As to those persons employed by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of any such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by: (1) The department; (2) A regional board; (3) A community service board; (4) A hospital; or (5) The Department of Human Services; (6) The Department of Health; or (5)(7) Any private provider of disability services or health services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department, the Department of Human Services, or the Department of Health for the services which had been provided by the terminated state personnel. 37-2-6.3. (a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation. (c) Debts, obligations, and liabilities of a community service board are not, debts, obligations, or liabilities of the state or of the counties in which such board operates. A community service board is prohibited from entering into debts, obligations, or liabilities which are also debts, obligations, or liabilities of the state or of any county. 37-2-6.4. (a) Notwithstanding any other provisions of this chapter, a community service board may reconstitute or convert its organizational structure in the following ways: (1) With the approval of the governing board of the community service board and the approval of the county governing authorities of the counties served by the community 2114 JOURNAL OF THE SENATE service board, the community service board may convert to a private nonprofit corporation. So long as the reconstituted organization continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Health, as appropriate, such organization shall be authorized to retain the use of assets, equipment, and resources purchased with state and federal funds by the former community service board. In the event the new private nonprofit fails to serve such public purpose, those assets, equipment, and resources purchased by the former community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Health, as appropriate, or to an agency designated by the such department. For a period of three years following the community service board's conversion to a private nonprofit corporation, the private nonprofit corporation shall ensure that consumers of disability services or health services, as appropriate, and family members of such consumers constitute a majority of the appointed board members and that the various disability groups and health services groups are equitably represented on the board of the nonprofit corporation; (2) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may convert to a unit of county government. All assets, equipment, and resources of the community service board shall be transferred to the new unit of county government; or (3) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may become a component part of a hospital authority in those counties served by the community service board. So long as the hospital authority continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Health, as appropriate, the hospital authority shall be authorized to retain possession of those assets, equipment, and resources purchased by the community service board with state and federal funds. In the event the hospital authority fails to serve such public purpose, those assets, equipment, and resources purchased by the community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Health, as appropriate, or to an agency designated by the such appropriate department or departments. (b) In the event that all county governing authorities of a community service area designated pursuant to subsection (b) of Code Section 37-2-3 concur that a community service board reconstituted pursuant to subsection (a) of this Code section has failed to provide disability services or health services as required, those county governing authorities may request that the division department coordinate the formation of a new community service board pursuant to Code Section 37-2-6. Upon notification of the request, the division department shall assist the county governing authorities in making appointments to the new community service board and establishing bylaws pursuant to Code Section 37-2-6. The division department shall make a determination about the THURSDAY, MARCH 12, 2009 2115 disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor agency. To the extent that the community service board was providing disability services or health services through the Department of Human Services or the Department of Health, such department or departments shall provide to the Department of Behavioral Health all documents, data, information, and consultation necessary or helpful to the formation of the new community service board and the determination and disposition of assets, equipment, and resources of the community service board. 37-2-6.5. (a) By joint action of the membership of a community service board created pursuant to Code Section 37-2-6 and the governing authority of each county within the community service board area, such community service board may cease operations; provided, however, such community service board shall notify the commissioner at least 90 days in advance of the meeting of the community service board in which such action is to be taken. Such joint action shall indicate the date on which the community service board shall cease operations. (b) Upon receipt of notification that a community service board intends to cease operations, the commissioner shall notify the chairperson and executive director of such community service board and the governing authority of each county within the community service board area of such board that: (1) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board in accordance with the provisions of paragraph (1) of subsection (c) of Code Section 37-2-10 until the division department shall determine: (A) That such community service board should continue in operation, provided one or more members appointed to such board in accordance with subsection (b) of Code Section 37-2-6 shall be removed in accordance with subparagraph (c)(3)(H) of Code Section 37-2-10, and the division department, acting on behalf of the membership of the community service board, nominates a successor to a removed member and advises the county governing authority that appointed such removed member to appoint a successor; (B) That all of the members of such community service board appointed in accordance with subsection (b) of Code Section 37-2-6 shall be removed and such community service board shall be reconstituted; and that the division department shall assist the county governing authorities in making appointments to the new community service board; or (C) In the case where the membership of such community service board is the membership of a county board of health designated in accordance with Code Section 31-3-12.1 or subsection (e) of Code Section 37-2-6, that the entire membership of the community service board should be removed and the membership of the community service board be reconstituted in accordance with subsection (b) of Code Section 37-2-6; 2116 JOURNAL OF THE SENATE (2) The division department, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of an adjacent community service board area served by another community service board to include the counties in the community service board area served by the community service board that intends to cease operations so that the community service board serving such adjacent area may assume responsibility for the provision of disability services within such counties; (3) The department intends to request pursuant to Code Section 31-3-12.1 that the governing authority of a county within the community service board area of such board authorize the membership of the board of health of such county to serve as the membership of such community service board; or (4) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. (c) If a community service board ceases operation and is succeeded by another community service board pursuant to paragraph (2), a county board of health pursuant to paragraph (3), or a manager or management team pursuant to paragraph (4) of subsection (b) of this Code section, the division department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor community service board. (d) If a community service board ceases operation and one or more alternate service providers assume responsibility for the provision of services previously provided by the community service board pursuant to paragraph (4) of subsection (b) of this Code section, the department shall petition the superior court of the county in which the principal office of that community service board was located for appointment of a receiver of the assets of the community service board for the protection of the board's creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets of the board, and, after payment of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as determined by the court, to the agencies, entities, or providers providing disability services in the community service board area formerly served by the community service board which ceased operations. At no time shall any community service board upon ceasing operations convey any of its property, except as may be otherwise authorized by a superior court in this subsection, to any private person, association, or corporation. 37-2-7. (a) The division department shall formulate and publish biennially a state plan for disability services which shall take into account the disability services plans submitted THURSDAY, MARCH 12, 2009 2117 by the regional offices as required by Code Section 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional and community services to the disabled. In developing the state plan, the division department shall request input from the regional offices and planning boards, the community service boards, hospitals, and other public and private providers. The plan shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services. (c) The plan shall further set forth the proposed annual budget of the division department and the regions. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the regional planning boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan. (e) At such time as the state plan is submitted, the division department shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division department in coordinating services in accordance with Code Section 37-29. 37-2-8. Reserved. 37-2-9. To the maximum extent possible, disability services provided by the division department and the regional offices, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public. 37-2-9.1. (a) Each regional planning board and community service board shall comply with the provisions of 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, except where records or proceedings are expressly made confidential pursuant to other provisions of law. (b) Each regional office and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance. 2118 JOURNAL OF THE SENATE 37-2-10. (a) Notwithstanding any other provisions of the law, the director commissioner with the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division department or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director commissioner, with concurrence of the commissioner and the Governor, may: (1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees. (c)(1) Notwithstanding any other provisions of the law, in extenuating circumstances, the director commissioner with the concurrence of the commissioner and the Governor is authorized to appoint a manager or management team to manage and operate the programs and services of the community service board if the director commissioner finds that the community service board: (A) Provides notice pursuant to Code Section 37-2-6.5 that such board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department or division; or (I) No longer has the fiscal ability to continue to provide contracted services and, without the intervention of the department, continued provision of disability THURSDAY, MARCH 12, 2009 2119 services or health services to consumers in the service area is in immediate jeopardy. (2) In order to carry out the provisions of paragraph (1) of this subsection, the director commissioner shall give written notice to the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The director commissioner may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the director commissioner, a manager or management team appointed pursuant to this subsection may: (A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team; (E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the members of the community service board, the executive director, chief financial officer, or any other administrative or program manager to take an action; (G) Exercise a power, duty, authority, or function of the community service board as authorized by this chapter; (H) Recommend to the director commissioner the removal of a member or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the director commissioner may remove such member or executive director from office; and (I) Report at least monthly to the director commissioner on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service board by the governing authority of a county or municipal corporation without the approval of such governing authority. (5) If a manager or management team is appointed pursuant to this Code section, the department may: (A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the community service board to manage and operate the services and programs of the community service board; or (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternative service 2120 JOURNAL OF THE SENATE providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (6) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board. 37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division department and the regional offices shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division. (b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the division department, shall be reported to the division department and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The division department shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The division department shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the division department; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The division department shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay. 37-2-11.1. (a) Venue for the purpose of any action against a community service board shall be the county in which the principal office of the community service board is located. For THURSDAY, MARCH 12, 2009 2121 purposes of this Code section, 'principal office' shall be defined as the facility which houses the executive director or other such top administrator for the community service board. (b) In any legal proceeding, a regional planning board or the regional office shall be considered a unit of the division department and shall be afforded the assistance of legal counsel from the Attorney General. (c)(1) The community service boards shall be public bodies but shall not be considered agencies of the state or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees. (2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies. 37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the department, the Department of Human Resources Services, the Department of Health, or a regional office shall be required to provide the department or the appropriate regional office or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the department, the Department of Human Resources Services, or the Department of Health or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department, the Department of Human Services, the Department of Health, or any regional office unless otherwise specifically authorized by law. (c) The community service board shall maintain a clinical record for each consumer receiving treatment or habilitation services from such board. The treatment of clinical records of consumers in receiving services for mental illness shall be governed by the provisions of Code Section 37-3-166. The treatment of clinical records of consumers receiving habilitation services for developmental disabilities shall be governed by the 2122 JOURNAL OF THE SENATE provisions of Code Section 37-4-125. The treatment of clinical records of consumers in treatment for addictive diseases shall be governed by the provisions of Code Section 37-7-166." SECTION 3-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Behavioral Health": (1) Code Section 15-11-73, relating to juvenile traffic offenses; (2) Code Section 15-11-152, relating to ordering an evaluation of a child's mental condition; (3) Code Section 16-7-83, relating to persons convicted or under indictment for certain offenses; (4) Code Section 16-11-129, relating to license to carry pistol or revolver; (5) Code Section 17-7-130, relating to proceedings upon plea of mental incompetency to stand trial; (6) Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at time of crime; (7) Code Section 26-4-5, relating to definitions relative to the "Georgia Pharmacy Practice Act"; (8) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (9) Code Section 37-3-146, relating to education of children undergoing treatment in a facility for persons who are mentally ill; (10) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (11) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (12) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys relating to habilitation of mentally retarded persons; (13) Code Section 37-5-4, relating to applicability of the "Community Services Act for the Mentally Retarded"; (14) Code Section 37-5-7, relating to duty of the Department of Human Resources to provide consulting and financial assistance to county boards of health; (15) Code Section 37-7-3, relating to coordination of state drug and alcohol abuse programs; (16) Code Section 37-7-146, relating to education of children undergoing treatment in a facility for persons who are alcoholics, drug dependent individuals, or drug abusers; (17) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (18) Code Section 40-5-82, relating to administration of the Driver Improvement Program; THURSDAY, MARCH 12, 2009 2123 (19) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; (20) Code Section 42-8-35.3, relating to conditions of probation for stalking or aggravated stalking; (21) Code Section 42-9-41, relating to duty of the State Board of Pardons and Paroles to obtain and place in records information respecting persons subject to relief or placed on probation; (22) Code Section 43-12A-5, relating to provider centers that engage in the practice of providing, installing, or monitoring ignition interlock devices not to operate under any name deceptively similar to another business; (23) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (24) Code Section 49-5-221, relating to definitions relative to children and adolescents with severe emotional problems; (25) Code Section 49-5-223, relating to the State Plan for the Coordinated System of Care for children and adolescents with severe emotional problems; (26) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; (27) Code Section 49-5-227, relating to the Governor's Office for Children and Families to comment on the State Plan for Coordinated System of Care and provide recommendations; and (28) Code Section 50-27-24, relating to lottery prize proceeds subject to state income tax. SECTION 3-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of behavioral health": (1) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; and (2) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; SECTION 3-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources" wherever it occurs with "Department of Behavioral Health": (1) Code Section 15-11-149, relating to disposition of mentally ill or mentally retarded child; (2) Code Section 40-5-64, relating to limited driving permits for certain offenders; (3) Code Section 45-18-5.2, relating to sheltered employment center employees; and (4) Code Section 49-4A-9, relating to sentence of youthful offenders. 2124 JOURNAL OF THE SENATE SECTION 3-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mentally retarded" or "Mentally Retarded" wherever it occurs with "developmentally disabled" or "Developmentally Disabled", respectively: (1) Code Section 31-22-9.1, relating to who may perform HIV tests; (2) Code Section 35-1-8, relating to the acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (3) Code Section 35-3-34.1, relating to circumstances when exonerated first offender's criminal record may be disclosed; (4) Code Section 37-4-1, relating to the declaration of policy relating to the habilitation of mentally retarded persons generally; (5) Code Section 37-4-3, relating to the authority of the board of human resources to issue regulations relating to the habilitation of mentally retarded persons generally; (6) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (7) Code Section 37-4-5, relating to validity of hospital orders entered before September 1, 1978; (8) Code Section 37-4-8, relating to approval of private facilities; (9) Code Section 37-4-20, relating to examination of minor children; (10) Code Section 37-4-21, relating to admission of mentally retarded persons to facilities for purposes of temporary supervision and care; (11) Code Section 37-4-22, relating to admission of persons to facilities for dental services; (12) Code Section 37-4-40, relating to filing petition with the court for according of program of services to mentally retarded person; (13) Code Section 37-4-40.1, relating to certification that a person requires temporary care; (14) Code Section 37-4-40.2, relating to admission or discharge of a person in custody of a state facility for temporary care; (15) Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation; (16) Code Section 37-4-62, relating to transfer of clients to custody of federal agencies for services; (17) Code Section 37-4-120, relating to individual dignity of clients to be respected; (18) Code Section 37-4-123, relating to recognition of clients' physical integrity; (19) Code Section 37-5-1, relating to the short title; (20) Code Section 37-5-2, relating to declaration of policy relative to community services for the mentally retarded; (21) Code Section 37-5-4, relating to applicability of chapter; (22) Code Section 37-5-5, relating to duty of county board of health to provide community services; (23) Code Section 37-5-6, relating to county or health district plan for community THURSDAY, MARCH 12, 2009 2125 services; (24) Code Section 37-5-7, relating to duty of department to provide consulting and financial assistance to county boards of health; (25) Code Section 37-5-10, relating to timetable for implementation of this chapter; (26) Code Section 37-6-2, relating to participation by department in financing of daycare centers for mentally retarded children; (27) Code Section 37-6-3, relating to participation by department in financing of daycare centers generally; (28) Code Section 37-6-4, relating to grants-in-aid to county board of health for purchase of services from private day-care centers; (29) Code Section 37-6-6, relating to inspection and approval of day-care centers; (30) Code Section 37-6-7, relating to departmental standards for day-care centers; (31) Code Section 37-9-6, relating to standards for determination of assessments for less than full cost of care; (32) Code Section 42-8-63.1, relating to discharges disqualifying individuals from employment; (33) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (34) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (35) Code Section 49-4-80, relating to definitions relative to aid to the disabled. SECTION 3-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "developmental disability": (1) Code Section 31-12-3.2, relating to meningococcal disease; (2) Code Section 31-32-4, relating to the advance directives for health care form; (3) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (4) Code Section 37-4-40.4, relating to evaluation of a person in custody of a state facility for temporary care; (5) Code Section 37-4-61, relating to transportation of clients generally; (6) Code Section 49-4-31, relating to definitions relative to old-age assistance; (7) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (8) Code Section 49-4-80, relating to definitions relative to aid to the disabled. SECTION 3-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "a developmental disability": (1) Code Section 31-20-3, relating to sterilization of mentally incompetent persons; (2) Code Section 37-4-80, relating to effect of inability to pay on right to habilitation services; 2126 JOURNAL OF THE SENATE (3) Code Section 37-4-100, relating to retention of rights and privileges by clients generally; and (4) Code Section 37-4-122, relating to client's care and treatment rights. SECTION 3-8. Code Section 30-8-1 of the Official Code of Georgia Annotated, relating to the Governor's Council on Developmental Disabilities, is amended as follows: "30-8-1. (a) There is created the Governor's Georgia Council on Developmental Disabilities. The council shall serve as the designated state agency and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, relating to programs for persons with developmental disabilities. (b) The members of the council shall be appointed by the Governor from among the residents of the state, and the composition of the council shall comply with the membership requirements of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. The Governor shall consider appointing to the council persons representing a broad range of individuals with developmental disabilities and individuals interested in programs for the developmentally disabled. To the extent feasible, appointments to the council shall be made with a view toward equitable geographic, racial, and ethnic representation. (c) Each member shall serve for a term of four years or until a successor is appointed. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments. The council shall elect its own chairperson and such other officers as it deems necessary. The council may adopt rules and procedures and shall meet at the call of the chairperson. (d) The Governor's Georgia Council on Developmental Disabilities shall: (1) Develop and implement a state plan, which includes the specification of federal and state priority areas, to address on a state-wide and comprehensive basis the need for services, support, and other assistance for individuals with developmental disabilities and their families; (2) Monitor, review, and evaluate, not less than annually, the implementation and effectiveness of the plan; (3) Submit to the United States secretary of health and human services, through the Governor, such plan and periodic reports on the council's activities as the secretary finds necessary; (4) Receive, account for, and disburse funds paid to the state pursuant to the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, and as authorized by the approved state plan; (5) To the maximum extent feasible, review and comment on all plans in the state which relate to programs affecting persons with developmental disabilities; (6) Serve as an advocate for persons with developmental disabilities; (7) Advise the Governor, the General Assembly, and all other state agencies in THURSDAY, MARCH 12, 2009 2127 matters relating to developmentally disabled persons; and (8) Fulfill the responsibilities and meet the requirements of a designated state agency and of a state planning council as provided by Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. (e) The Governor's Georgia Council on Developmental Disabilities shall be attached to the Department of Human Resources Behavioral Health for administrative purposes only as provided in Code Section 50-4-3. The council shall recruit and hire staff as provided by law and as the council determines necessary to carry out its duties. All costs incurred by the council shall be covered by funds paid to the state under Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, except that members who are state employees shall be reimbursed for their expenses by their agency in the same manner as other state employees. Members who are not state employees shall be reimbursed for their actual expenses, including travel and any other expenses incurred in performance of their council duties, from funds appropriated to the Department of Human Resources Behavioral Health." SECTION 3-9. Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the examination and treatment for mental illness, is amended by revising paragraph (11) and adding a new paragraph to read as follows: "(11) 'Mentally ill' means having a mental illness. disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (11.1) 'Mental illness' means all diagnosable mental disorders, which includes all health conditions that are characterized by alterations in thinking, mood, or behavior, or a combination thereof." SECTION 3-10. Code Section 37-4-2 of the Official Code of Georgia Annotated, relating to definitions relative to the habilitation of the mentally retarded, is amended as follows: "37-4-2. As used in this chapter, the term: (1) 'Client' means any mentally retarded developmentally disabled person who seeks habilitation under this chapter or any person for whom such habilitation is sought. (2) 'Clinical record' means a written record pertaining to an individual client and includes habilitation record, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility and which pertains to the client's habilitation. Such other information as may be required by rules and regulations of the board shall also be included. (3) 'Community services' means all services deemed reasonably necessary by the Department of Human Resources Behavioral Health to provide for the education, training, habilitation, and care of mentally retarded developmentally disabled individuals. Such services shall include, but not be limited to, diagnostic and 2128 JOURNAL OF THE SENATE evaluation services, day-care and training services, work activity services, community residential services such as group family care homes, transportation services, social services, medical services, and specified home services. (4) 'Comprehensive evaluation team' or 'comprehensive habilitation team' means and shall consist of a group of persons with special training and experience in the assessment of needs and provision of services for mentally retarded developmentally disabled persons, which group shall include, at a minimum, persons qualified to provide social, psychological, medical, and other services. The department shall specify the qualifications of the individuals who compose comprise a comprehensive evaluation team or a comprehensive habilitation team and shall ensure that such teams are located throughout the state so as to provide diagnostic, evaluation, and habilitation services for all citizens of Georgia. (5) 'Court' means: (A) In the case of an individual who is 17 years of age or older, the probate court of the county of residence of the client or the county in which such client is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate court is unable to hear a case brought under this chapter within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and shall be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-bycase basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his the judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the governing authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or (B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the client or the county in which such client is found. (6) 'Department' means the Department of Behavioral Health. (7) 'Developmental disability' means a severe, chronic disability of an individual that: (A) Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments; (B) Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities: (i) Self-care; (ii) Receptive and expressive language; THURSDAY, MARCH 12, 2009 2129 (ii) Learning; (iv) Mobility; (v) Self-direction; (vi) Capacity for independent living; and (vii) Economic self-sufficiency; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated. When applied to infants and young children, the term means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided. (8) 'Developmentally disabled person in need of community services' means a developmentally disabled person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (6)(9) 'Facility' means any state owned or state operated institution utilized 24 hours a day for the habilitation and residence of persons who are mentally retarded developmentally disabled, any facility operated or utilized for such purpose by the United States Department of Veterans Affairs or any other federal agency, and any other facility within the State of Georgia approved for such purpose by the department. (7)(10) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing examiner, under Code Section 37-4-42, or before a court, as defined in paragraph (5) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The client shall be provided with effective assistance of counsel. If the client cannot afford counsel, the court shall appoint counsel for him or her or the hearing examiner shall have the court appoint such counsel. The client shall have the right to confront and cross-examine witnesses and to offer evidence. The client shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The client shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the client. The standard of proof shall be by clear and convincing evidence. At the request of the client, the public may be excluded from the hearing; and the client need not be present if the court consents; in either of these events, the record shall reflect the reason for the hearing examiner's or the court's action. (8)(11) 'Habilitation' means the process by which program personnel help clients acquire and maintain those life skills which will enable them to cope more effectively 2130 JOURNAL OF THE SENATE with the demands of their own persons and of their environment and to raise the level of their physical, mental, social, and vocational abilities. (9)(12) 'Individualized program plan' means a proposed habilitation program written in behavioral terms, developed by the comprehensive evaluation team, and specifically tailored to the needs of an individual client. Each plan shall include: (A) A statement of the nature of the client's specific problems and specific needs; (B) A description of intermediate and long-range habilitation goals and a projected timetable for their attainment; (C) A description of the proposed habilitation program and its relation to habilitation goals; (D) Identification of the facility and types of professional personnel responsible for execution of the client's habilitation program; (E) A statement of the least restrictive environment necessary to achieve the purposes of habilitation, based upon the needs of the client; (F) An explanation of criteria for acceptance or rejection of alternative environments for habilitation; and (G) Proposed criteria for release of the client into less restrictive habilitation environments upon obtaining specified habilitation goals. (10)(13) 'Least restrictive alternative,' 'least restrictive environment,' or 'least restrictive appropriate habilitation' means that which is the least restrictive available alternative, environment, or appropriate habilitation, as applicable, within the limits of state funds specifically appropriated therefor. (11) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (12) 'Mentally retarded person' means a person having a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (13) 'Mentally retarded person in need of community services' means a mentally retarded person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (13.1) 'Mentally retarded person requiring temporary and immediate care' means a person who is mentally retarded, and: (A) Who presents a substantial risk of imminent harm to himself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (14) 'Person in charge of a client's habilitation' means a superintendent or regional state hospital administrator of a facility, a case manager, or any other service provider designated by the department to have overall responsibility for implementation of a client's individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this chapter. THURSDAY, MARCH 12, 2009 2131 (14.1)(15) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(16) 'Representatives' means the persons appointed as provided in Code Section 37-4-107 to receive any notice under this chapter. (16)(17) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving mentally retarded developmentally disabled persons under this chapter or an individual appointed as the designee of such superintendent." SECTION 3-11. Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to filing petitions with the court for according of program services to a mentally retarded person, is amended by revising subsection (d) as follows: "(d) If a majority of the evaluation team does not find the allegedly mentally retarded developmentally disabled person to be mentally retarded developmentally disabled and in need of being ordered to receive such services from the department or if a majority of the comprehensive evaluation team finds the client to be a mentally retarded developmentally disabled person in need of court ordered services from the department, the court shall set a hearing on the petition and shall serve notice of such hearing on the petitioner, on the prospective client, and on his representatives or guardian as provided in Code Section 37-4-107; and such notice shall be served within 72 hours after the filing of the report by the evaluation team. Such notice shall be accompanied by: (1) A copy of the petition; (2) A notice that the client has a right to counsel and that the client or his representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client either indicates in writing that he will have retained counsel by the time set for hearing or waives his right to counsel; (3) A copy of the individualized program plan developed by the evaluation team under subsection (c) of this Code section; and (4) A notice that the client has a right to be examined by a comprehensive evaluation team of his own choice at his own expense and to have that team submit a suggested individualized program plan for the client which conforms with the requirements of paragraph (9) (12) of Code Section 37-4-2. The hearing shall be held no sooner than ten days and no later than 15 days, Saturdays, Sundays, and holidays excepted, after the date the evaluation team report is filed. The 2132 JOURNAL OF THE SENATE court shall grant a continuance upon application by the client or his representatives, if necessary, to permit preparation for the hearing." SECTION 3-12. Code Section 37-4-109 of the Official Code of Georgia Annotated, relating to establishment of patients and staff complaint procedure, is amended as follows: "37-4-109. The department shall establish procedures whereby complaints of the client or complaints of the staff concerning admission, treatment, or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate, with the right of appeal to the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases commissioner or his or her designee. The board shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize these procedures in lieu of other available legal remedies." SECTION 3-13. Code Section 37-5-3 of the Official Code of Georgia Annotated, relating to definitions relative to community services for the mentally retarded, is amended as follows: "37-5-3. As used in this chapter, the term: (1) 'Community services' means all community-based community based services deemed reasonably necessary by the department to provide for education, training, rehabilitation, and care of mentally retarded individuals with developmental disabilities and shall include but not be limited to: diagnostic and evaluation services; day-care and training services; work-activity services; community residential services such as group family-care homes; transportation services incidental to educational, training, and rehabilitation services; social services; medical services; and specified home services. (2) 'Mentally retarded individual' means a person whose ability to care for himself is substantially impaired by mental retardation or by a neurological dysfunction associated with mental retardation. (3)(2) 'Mental retardation Developmental disability' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period." SECTION 3-14. Code Section 37-6-1 of the Official Code of Georgia Annotated, relating to definitions relative to day-care centers for the mentally retarded, is amended as follows: "37-6-1. As used in this chapter, the term: (1) 'Day-care center' means any facility that is operated and maintained for and is THURSDAY, MARCH 12, 2009 2133 qualified to furnish care and training to mentally retarded individuals with developmental disabilities on less than a 24 hour basis. (2) 'Mentally retarded individual' means any individual who is suffering from mental retardation. (3) 'Mental retardation' means a state of subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior. (2) 'Developmental disability' means a severe, chronic disability of an individual that: (A) Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments; (B) Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities: (i) Self-care; (ii) Receptive and expressive language; (ii) Learning; (iv) Mobility; (v) Self-direction; (vi) Capacity for independent living; and (vii) Economic self-sufficiency; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated. When applied to infants and young children, the term means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided." SECTION 3-15. Code Section 37-9-2 of the Official Code of Georgia Annotated, relating to definitions relative to payment of expenses for support, treatment, and care of patients in institutions generally, is amended by revising paragraph (6) as follows: "(6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the department and any facility operated in conjunction therewith." SECTION 3-16. Code Section 37-10-2 of the Official Code of Georgia Annotated, relating to the Interstate Compact on Mental Health, is amended by revising Article XV as follows: 2134 JOURNAL OF THE SENATE "Article XV. (a) Pursuant to said compact, the Commissioner of Human Resources Behavioral Health, or his delegate, is hereby designated to be the compact administrator. The compact administrator, acting jointly with like officers of other party States, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this State thereunder. (b) The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other States pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service of this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service. (c) The compact administrator, using funds appropriated to the Department of Human Resources Behavioral Health and the Department of Health, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder. (d) Duly authenticated copies of this Act shall be transmitted by the Secretary of State of the State of Georgia to the Governor of each State, to the Attorney General and the Administrator of General Services of the United States, and to the Council of State Governments, and to the Veterans' Administration. (e) The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transfer from an institution in this State to an institution in another party State, to take no final action without notice to the admitting court or in case of admission other than by a court, then notice to the admitting medical facility is required. (f) In the administration of this compact, the compact administrator shall in no way abridge the rights or privileges of any patient to appeal to the courts for a hearing as provided under the laws of Georgia." SECTION 3-17. Code Section 40-16-5 of the Official Code of Georgia Annotated, relating to authority of the commissioner of driver services, is amended by revising paragraph (5) of subsection (d) as follows: "(5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources (now known as the Department of Behavioral Health for these purposes) to the Department of Driver Services." THURSDAY, MARCH 12, 2009 2135 SECTION 3-18. Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally, is amended by revising subsections (d), (e), and (f) as follows: "(d) The department is authorized to transfer a mentally diseased inmate from a state or county correctional institution or other facility operating under its authority to a criminal ward or facility of the Department of Human Resources Behavioral Health. The inmate shall remain in the custody of the Department of Human Resources Behavioral Health until proper officials of the facility at which he the inmate is detained declare that his or her sanity has been restored, at which time the inmate shall be returned to the custody of the department. At any time after completion of his or her sentence, an inmate detained by the Department of Human Resources Behavioral Health on the grounds that he or she is mentally diseased may petition for release in accordance with the procedure provided in Chapter 3 of Title 37. Prior to completion of his or her sentence, this procedure shall not be available to him the inmate. (e) Upon being presented with a proper certification from the county physician of a county where a person has been sentenced to confinement that the person sentenced is addicted to drugs or alcohol to the extent that his the person's health will be impaired or his life endangered if immediate treatment is not rendered, the department shall transfer the inmate to the custody of the Department of Human Resources Behavioral Health. The inmate shall remain in such custody until officials of the Department of Human Resources Behavioral Health determine he the inmate is able to serve his or her sentence elsewhere. (f) The department may transfer any inmate afflicted with active tuberculosis from any state or county correctional institution, or any other facility operating under the authority of the department, to a tubercular ward or facility specially provided and maintained for criminals by the department at a tuberculosis facility or facilities operating under the Department of Human Resources Health." SECTION 3-19. Code Section 42-5-52.1 of the Official Code of Georgia Annotated, relating to submission to HIV test of inmates, is amended by revising subsection (c) as follows: "(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources (now known as the Department of Behavioral Health) under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15." SECTION 3-20. Code Section 49-5-220 of the Official Code of Georgia Annotated, relating to legislative 2136 JOURNAL OF THE SENATE findings and intent with respect to children and adolescents with severe emotional problems, is amended as follows: "49-5-220. (a) The General Assembly declares its intention and desire to: (1) Ensure a comprehensive mental health program consisting of early identification, prevention, and early intervention for every child in Georgia; (2) Preserve the sanctity of the family unit; (3) Prevent the unnecessary removal of children and adolescents with a severe emotional disturbance from their homes; (4) Prevent the unnecessary placement of these children out of state; (5) Bring those children home who through use of public funds are inappropriately placed out of state; and (6) Develop a coordinated system of care so that children and adolescents with a severe emotional disturbance and their families will receive appropriate educational, nonresidential and residential mental health services, and support services, as prescribed in an individualized plan. (b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health provide mental health treatment. (c) Further, in recognition that only a portion of the children needing services are receiving them and in recognition that not all the services that comprise a coordinated system of care are currently in existence or do not exist in adequate numbers, the General Assembly intends that the Department of Human Resources Department of Behavioral Health and the Department of Education jointly develop and implement a State Plan for the Coordinated System of Care for severely or emotionally disturbed children or adolescents as defined in paragraph (10) of Code Section 49-5-221. (d) The commissioner of the Department of Human Resources behavioral health and the State School Superintendent shall be responsible for the development and implementation of the state plan. (e) The commissioner of the Department of Human Resources behavioral health shall be responsible for preparing this jointly developed state plan for publication and dissemination. The commissioner of the Department of Human Resources behavioral health shall also be responsible for preparing for publication and dissemination the THURSDAY, MARCH 12, 2009 2137 annual report. (f) The receipt of services under this article is not intended to be conditioned upon placement of a child in the legal custody, protective supervision, or protection of the Department of Human Resources Department of Human Services." SECTION 3-21. Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committees with respect to children and adolescents with severe emotional problems, is amended by revising subsection (a) as follows: "(a) At least one local interagency committee shall be established for each region of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health whose permanent membership shall include a local representative from each of the following: (1) The community mental health agency responsible for coordinating children's services; (2) The Division of Family and Children Services of the Department of Human Resources Services; (3) The Department of Juvenile Justice; (4) The Division of Public Health of the Department of Human Resources Health; (5) A member of the special education staff of the local education agency; (6) The Division of Rehabilitation Services of the Department of Labor." PART IV Effective Date and Repealer. SECTION 4-1. This Act shall be effective on July 1, 2009. SECTION 4-2. 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 Buckner Y Hawkins Y Heath Y Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer 2138 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 52, nays 0. SB 222, having received the requisite constitutional majority, was passed by substitute. SB 252. By Senators Thomas of the 54th, Goggans of the 7th, Mullis of the 53rd, Unterman of the 45th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and others, so as to provide for the certification of polysomnographic technologists; to provide a short title; to provide legislative findings; to provide for definitions; to provide for applications to be made to the Composite State Board of Medical Examiners to obtain certification to practice polysomnography; to provide for powers and duties of the board; to provide for certification standards and requirements; to provide for the issuance and renewal of certification; to provide for permitted and prohibited activities; 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 E Brown Y Hawkins Y Heath Y Henson Y Rogers Y Seabaugh Y Seay THURSDAY, MARCH 12, 2009 2139 Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 0. SB 252, having received the requisite constitutional majority, was passed. SB 253. By Senators Mullis of the 53rd and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 25-10-1 of the Official Code of Georgia Annotated, relating to definitions relative to the regulation of fireworks, so as to provide a definition of the term 'indoors'; 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 E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver 2140 JOURNAL OF THE SENATE Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 52, nays 0. SB 253, having received the requisite constitutional majority, was passed. SB 56. By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th 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 StopMeth Log 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 repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 56: 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 StopMeth Log 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 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The purpose of this Act is to reduce and prevent the operation of clandestine THURSDAY, MARCH 12, 2009 2141 methamphetamine laboratories and the contamination of private property by such laboratories in Georgia. At this time, the state does not have a centralized real-time electronic logbook able to record purchases of products containing ephedrine, pseudoephedrine, and phenylpropanolamine. The failure to have such a centralized electronic data base permits and encourages criminals to illegally purchase large quantities of such products for the production of methamphetamine by going from store to store, and, sometimes, from state to state. Georgia law enforcement officials need this critical tool to combat methamphetamine production. Other states have adopted similar measures, thereby encouraging methamphetamine producers to relocate to states, such as Georgia, that are unable to track their unlawful activities. Immediate action is needed by the General Assembly to protect Georgia's citizens, especially Georgia's children, from the increasing harm caused by methamphetamine producers. SECTION 2. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new article to read as follows: "ARTICLE 2A 35-3-50. As used in this article, the term: (1) 'Pharmacy or retailer' shall mean any place or business authorized to make retail sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine to consumers. (2) 'StopMeth Log' shall mean Georgia's real-time electronic logbook system maintained by the Georgia Bureau of Investigation or by the bureau in conjunction with other law enforcement agencies under such program approved by the bureau for the purpose of recording information relating to the purchase of products containing ephedrine, pseudoephedrine, or phenylpropanolamine and for monitoring such information for the prevention of illegal purchases of such products. 35-3-51. (a) To the extent funds are available, the Georgia Bureau of Investigation is authorized to establish the StopMeth Log and may utilize any federal, state, or other grant funds available or donations of funds or property for purposes relating to the initiation, implementation, and operation of the electronic log. (b) Where the Georgia Bureau of Investigation has provided access to the StopMeth Log by making the system available through the Internet, a pharmacy or retailer shall be required to enter into the StopMeth Log information pertaining to each transaction involving the sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine as required by this article. Such entry shall be made at the time of the sale. Information to be entered on the StopMeth Log shall include the full name, address, and date of birth of the purchaser, the date of purchase, the quantity purchased 2142 JOURNAL OF THE SENATE or attempted to be purchased, and such other information as required by the Georgia Bureau of Investigation. (c) A person purchasing, receiving, or otherwise acquiring or attempting to aquire a product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall be 18 years of age or older and shall be required to produce current, valid photographic identification of such purchaser and sign a written or electronic log or receipt that documents the date of the transaction, the full name, address, and date of birth of the person, and the quantity of ephedrine, pseudoephedrine, or phenylpropanolamine purchased, received, or otherwise acquired or attempted to be acquired. No person shall purchase or attempt to purchase an amount of ephedrine, pseudoephedrine, or phenylpropanolamine in violation of state or federal law. (d) A person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor. Each separate purchase or attempted purchase made in violation of this statue shall constitute a separate offense. Each transaction where records are not generated or maintained shall constitute a separate offense. An offense created by this Code section shall not merge with any other charge or offense. 35-3-52. (a) To the extent funds are available, the Georgia Bureau of Investigation shall make the StopMeth Log available through the Internet to pharmacies and retailers in this state. The Georgia Bureau of Investigation may conduct pilot projects or designate areas of operation which include less than all areas of this state. (b) The StopMeth Log shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations and to match similar identification information. Except as authorized by this article, the Georgia Bureau of Investigation and other law enforcement entities or approved users and operators shall not disclose any information entered, collected, recorded, transmitted, or maintained on the StopMeth Log. (c) The Georgia Bureau of Investigation shall provide Internet access to information maintained in the StopMeth Log to the following: (1) Any local, state, or federal law enforcement official or a local, state, or federal prosecutor; (2) A local, state, or federal official who requests access for the purpose of facilitating a product recall necessary for the protection of the public health and safety; and (3) The State Board of Pharmacy for the purpose of investigating misconduct or a suspicious transaction committed by a pharmacy, an employee of a pharmacy, or pharmacist. (d) The Georgia Bureau of Investigation shall promulgate rules necessary to implement the provisions of this article. The Georgia Bureau of Investigation shall prescribe the manner in which a pharmacy or retailer shall enter the information required by the bureau under this article. Records maintained within the StopMeth Log may be destroyed at such time as the Georgia Bureau of Investigation determines is appropriate THURSDAY, MARCH 12, 2009 2143 but not sooner than two years from the date of the entry of such record." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Butler of the 55th offered the following amendment #1 to the committee substitute: Amend the Senate Public Safety Committee substitute to SB 56 (LC 35 1223S) by striking lines 33 and 34 and inserting in lieu thereof: either by the Georgia Bureau of Investigation or by a program, approved by the bureau, that works in conjunction with other federal or state law enforcement agencies so that such system is maintained under the joint program such as the Atlanta High Intensity Drug Trafficking Area program, for the purpose of By striking lines 79 through 83 and inserting in lieu thereof: (1) Any local, state, or federal law enforcement official; and (2) The Georgia Drugs and Narcotics Agency for the purpose of investigating misconduct or a On the adoption of the amendment, there were no objections, and the Butler 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones N Moody Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C 2144 JOURNAL OF THE SENATE Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 2. SB 56, 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 Tate of the 38th SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 240: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to revise the arbitration procedures relative to the appeal of assessments for ad valorem tax 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. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by revising subsections (f) and (g) of Code Section 48-5-311, relating to county boards of equalization and appeals of ad valorem tax assessments, as follows: THURSDAY, MARCH 12, 2009 2145 "(f) Arbitration. (1) At the option of the taxpayer an appeal shall be submitted to arbitration. (2) Following an election by the taxpayer under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayers filing a written notice of arbitration with the county board of tax assessors. The notice of arbitration shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. The county board of tax assessors shall certify to the clerk of the superior court the notice of arbitration and any other papers specified by the person seeking arbitration including, but not limited to, the staff information from the file used by the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of the filing of the certification to the clerk of the superior court, the judge shall issue an order authorizing the arbitration and appointing a referee. (3) The arbitration of the correctness of the decision of the county board of tax assessors shall be conducted pursuant to the procedures outlined in Article 2 of Chapter 9 of Title 9 with the following exceptions: (A) If both parties agree, the The matter may shall be submitted to a single arbitrator. If both parties agree, the referee may serve as the single arbitrator; (B) If the parties do not agree to a single arbitrator, then three arbitrators shall hear the appeal. Such arbitrators shall be appointed as provided in Code Section 9-9-67. If one or both parties are unable to select an arbitrator, the appeal shall be heard by a single arbitrator who shall be appointed by the judge of the superior court as provided in Code Section 9-9-67; Prior to appointment of the arbitrator, the taxpayer shall provide a copy of the value determined by a professional real estate appraiser as specified in division (i) of subparagraph (E) of this paragraph to the board of assessors for consideration. If the board of assessors accepts the taxpayer's appraisal, that value shall become final, and the arbitrator shall not be appointed; (C) In order to be qualified to serve as an arbitrator, a person must shall be at least a registered real estate appraiser as classified by the Georgia Real Estate Appraisers Board; (D) The arbitrator or a majority of the arbitrators, as applicable, within 30 days after their his or her appointment, shall render a decision regarding the correctness of the decision of the county board of tax assessors and, if correction of the decision is required, regarding the extent and manner in which the decision should be corrected correct value of the property subject to arbitration; and. The decision of the arbitrator or arbitrators, as applicable, may be appealed to the superior court in the same manner as a decision of the board of equalization; (E)(i) In order to determine the correct value, the arbitrator shall consider a single value for the property submitted by the board of assessors and a singe value submitted by the taxpayer. The value submitted by the taxpayer shall be 2146 JOURNAL OF THE SENATE determined by a professional real estate appraiser selected by the taxpayer. The taxpayer shall be responsible for the cost of the appraisal by the taxpayer's appraiser. (ii) Upon consideration of the single value submitted by the board of assessors and the single value submitted by the taxpayer, and evidence supporting the values submitted by the board of assessors and the arbitrator, the arbitrator shall determine which value is the correct value for the property under appeal. (iii) The taxpayer party whose single value is not determined to be the correct value by the arbitrator shall be responsible for the fees and costs of such taxpayer's arbitrator. and the county shall be responsible for the fees and costs of such county's arbitrator. The two parties shall each be responsible for one-half of the fees and costs of the third arbitrator. In the event the appeal is submitted to a single arbitrator, the two parties shall each be responsible for one-half of the fees and costs of such arbitrator; and (F) The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. (g) Appeals to the superior court. (1) The taxpayer or, except as otherwise provided in this paragraph and except for a determination of value by an arbitrator pursuant to subsection (f) of this Code section, the county board of tax assessors may appeal decisions of the county board of equalization, the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this paragraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(D) of this Code section or within 30 days from the date on which the arbitration decision is rendered pursuant to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not THURSDAY, MARCH 12, 2009 2147 limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer or his or her attorney or agent of record with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the taxpayer is unreasonable and authorize the determination of the final value of the property. (4)(A) The appeal shall be heard before a jury at the first term following the filing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court. The time of any hearing shall be set in consultation with the taxpayer and at a time acceptable to the taxpayer between the hours of 8:00 A.M. and 7:00 P.M. on a business day. (B)(i) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. (ii) If the final determination of value on appeal is 80 percent or less of the valuation set by the county board of equalization as to commercial property, or 85 percent or less of the valuation set by the county board of tax assessors as to other property, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action. This division shall not apply when the property owner has failed to return for taxation the property that is under appeal. (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 2148 JOURNAL OF THE SENATE 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 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 taxpayer's homestead property." 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas 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 240, having received the requisite constitutional majority, was passed by substitute. Senator Sims of the 12th was excused for business outside the Senate Chamber. THURSDAY, MARCH 12, 2009 2149 SB 250. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to prohibited acts relating to public schools, so as to revise provisions relating to unlawful disruption of or interference with the operation of public schools or public school buses; to provide that a mental state of knowledge, intention, or recklessness shall be an element of such offense; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 52, nays 0. Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) SB 250, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: 2150 JOURNAL OF THE SENATE Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 480. By Representatives Geisinger of the 48th, Powell of the 29th, Rice of the 51st, Abrams of the 84th, Peake of the 137th and others: A BILL to be entitled an Act to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating, respectively, to motor vehicles and revenue and taxation, so as to provide for the comprehensive revision of taxation of motor vehicles; to change certain provisions regarding tag agents; to provide for title and registration fees and the disbursement of such fees; to change certain provisions regarding classification of motor vehicles as a separate class of property for ad valorem tax purposes; to provide for an additional classification exempt from such taxation; to provide for an exemption from sales and use taxes with respect to the sale or use of certain motor vehicles; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The President assumed the Chair. The Calendar was resumed. SR 110. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers of the 21st, Seabaugh of the 28th and others: 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. 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 (b) as follows: "(b) 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 THURSDAY, MARCH 12, 2009 2151 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; provided, however, that the General Assembly may provide by law for a procedure pursuant to which the General Assembly approves, rejects, or modifies the specific expenditure of such funds. 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 Paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction except as provided in this Paragraph. 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 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 the authority of the General Assembly to approve, reject, or modify any ( ) NO proposed expenditure of revenues received from motor fuel taxes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown Y Hawkins Y Heath N Henson Y Rogers Y Seabaugh N Seay 2152 JOURNAL OF THE SENATE N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hill,Jack Y Hill,Judson Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver E Tate Y Thomas 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 34, nays 20. SR 110, having failed to receive the requisite two-thirds constitutional majority, was lost. Senator Adelman of the 42nd was excused for business outside the Senate Chamber. SR 466. By Senator Weber of the 40th: A RESOLUTION establishing the Performance Based Principal Certificate Renewal Design Team; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate THURSDAY, MARCH 12, 2009 2153 Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thomas Y Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 50, nays 0. SR 466, having received the requisite constitutional majority, was adopted. The following House legislation was read the first time and referred to committee: HB 193. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. 2154 JOURNAL OF THE SENATE HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st 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 for a limited period of time for the purchase of one eligible single-family residence; 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 repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 289. By Representatives Chambers of the 81st, Houston of the 170th and Martin of the 47th: A BILL to be entitled an Act to provide a statement of legislative findings; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal Article 6 of Chapter 5, relating to the Georgia Courts Automation Commission; to provide for outstanding contracts and obligations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th: A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 358. 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 taxation, so as to extend the periods of exemption for use of food for hunger relief purposes and use of food donated for disaster relief purposes; to provide THURSDAY, MARCH 12, 2009 2155 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 388. By Representatives Mills of the 25th, Everson of the 106th, Keen of the 179th, Harbin of the 118th, Walker of the 107th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for legislative intent; to provide a short title; to change the definition of "child" to include a human embryo; to provide for definitions; to provide for procedures for embryo adoption; to provide for nonapplicability of certain dependent exemption for income tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 480. By Representatives Geisinger of the 48th, Powell of the 29th, Rice of the 51st, Abrams of the 84th, Peake of the 137th and others: A BILL to be entitled an Act to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating, respectively, to motor vehicles and revenue and taxation, so as to provide for the comprehensive revision of taxation of motor vehicles; to change certain provisions regarding tag agents; to provide for title and registration fees and the disbursement of such fees; to change certain provisions regarding classification of motor vehicles as a separate class of property for ad valorem tax purposes; to provide for an additional classification exempt from such taxation; to provide for an exemption from sales and use taxes with respect to the sale or use of certain motor vehicles; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with 2156 JOURNAL OF THE SENATE such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 482. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st 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 exemptions from ad valorem taxation, so as to provide that, subject to referendum approval, all tangible personal property constituting the inventory of a business shall be exempt from state ad valorem taxation; to provide for a referendum election with respect to effectiveness; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 495. By Representatives Lane of the 167th, Maxwell of the 17th and Weldon of the 3rd: A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relations between principal and agent, so as to update language regarding conservators and guardians; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 581. By Representatives Coan of the 101st, May of the 111th, Horne of the 71st, Marin of the 96th, Reese of the 98th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to protect THURSDAY, MARCH 12, 2009 2157 the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; 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 633. By Representatives Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L.1999, p. 4836), as amended, so as to increase the exemption amount from $30,000.00 to $40,000.00 over a two-year phase-in period; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 685. By Representatives Epps of the 128th and James of the 135th: A BILL to be entitled an Act to create the Manchester Public Utilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings and contract payments of the authority for the payment of such revenue bonds; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 690. By Representative Nix of the 69th: A BILL to be entitled an Act to amend an Act to incorporate the Town of Roopville in the County of Carroll, approved October 7, 1885 (Ga. L. 1884-5, p. 391), as amended, so as to repeal certain provisions relating to the sale of 2158 JOURNAL OF THE SENATE liquors within the corporate limits of said town; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 695. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to amend an Act to create the Catoosa County Public Works Authority, approved April 10, 1998 (Ga. L. 1998, p. 4302), as amended, particularly by an Act approved May 1, 2000 (Ga. L. 2000, p. 4585), so as to change the composition of the authority; to change the manner of compensating such authority; to provide for terms of office, filling of vacancies, and removal from office; to provide that meetings of the authority shall be called by the Board of Commissioners of Catoosa County; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 696. By Representative Hill of the 180th: A BILL to be entitled an Act to amend an Act creating the St. Marys Convention and Visitors Bureau Authority, approved June 3, 2003 (Ga. L. 2003, 4464), so as to provide for two additional members to the authority; to provide for the removal of such members; to provide for the method of selection for such members; to provide for terms for the members of the authority; to provide for staggered terms for initial members; to provide for an increase of the members required for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 705. By Representatives Fludd of the 66th, Heckstall of the 62nd and Long of the 61st: A BILL to be entitled an Act to authorize the governing authority of the City of College Park to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The Calendar was resumed. THURSDAY, MARCH 12, 2009 2159 SB 36. By Senators Buckner of the 44th, Seay of the 34th, Jones of the 10th, Tate of the 38th, Sims of the 12th 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 provide for the adoption of codes of ethics to govern members of local boards of education; to provide for annual review of such codes of ethics; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas 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 36, having received the requisite constitutional majority, was passed. SB 17. By Senators Harp of the 29th, Johnson of the 1st and Hooks of the 14th: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, as to increase filing fees and fines for campaign disclosure reports, financial disclosure 2160 JOURNAL OF THE SENATE statements, and lobbyist disclosure reports that are filed late; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Ethics Committee offered the following substitute to SB 17: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to increase filing fees and fines for campaign disclosure reports, financial disclosure statements, and lobbyist disclosure reports that are filed late; to change fees for lobbyist's registration and identification cards; to change the date on which lobbyist disclosure reports are due; 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 government, is amended by revising subsection (l) of Code Section 21-5-34, relating to disclosure reports, as follows: "(l) In addition to other penalties provided under this chapter, an additional a filing fee of $25.00 $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 $100.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed by such date. In the case of a candidate, such fine shall be paid from the personal funds of the candidate and no other funds from any source may be used to pay such fine." SECTION 2. Said chapter is further amended by adding a new paragraph to subsection (a) of Code Section 21-5-50, relating to filing of financial disclosure statements, to read as follows: "(6) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each financial disclosure statement that is filed late. In addition, a filing fee of $100.00 shall be imposed on the fifteenth day after the due date if the statement has still not been filed. A fine of $250.00 shall be imposed on the fortyfifth day after the due date for such statement if the statement has not been filed by such date. Such fine shall be paid from the personal funds of the person required to file such statement and no other funds from any source may be used to pay such fine." SECTION 3. Said chapter is further amended by revising subsection (f) of Code Section 21-5-71, relating to registration of lobbyists, as follows: THURSDAY, MARCH 12, 2009 2161 "(f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees and a person employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00. (2) The commission shall collect the following fees: (A) Annual lobbyist registration or renewal filed pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00 $50.00 (B) Lobbyist supplemental registration filed pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (C) Each copy of a lobbyist identification card issued pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 20.00 (D) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 $100.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed by such date. When such a fine is imposed, such fine shall be paid from the personal funds of the lobbyist and no other funds from any source may be used to pay such fine." SECTION 4. Said chapter is further amended by revising Code Section 21-5-73, relating to lobbyist disclosure reports, as follows: "21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 shall file a monthly disclosure report, current through the end of the preceding month, on or before the fifth business day of any month while the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (5) of Code Section 21-5-70 shall: (1) File a disclosure report, current through the end of the preceding month, on or before the fifth business day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and 2162 JOURNAL OF THE SENATE (2) File such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any expenditures relating to municipal affairs or independent school district affairs. (d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), or (H) 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 the fifth business day in August 5 and January 5 of each year. (e) Reports filed by lobbyists shall be verified and shall include: (1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made by the lobbyist or employees of the lobbyist on behalf or for the benefit of a public officer. The description of each reported expenditure shall include: (A) The name and title of the public officer or, if the expenditure is simultaneously incurred for an identifiable group of public officers the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the expenditure and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expenditures described in divisions (1)(E)(vii) and (1)(E)(x) of Code Section 21-570 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the expenditure was made; (2) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts; and (3) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with THURSDAY, MARCH 12, 2009 2163 that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections. (g) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $100.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed by such date. Such fine shall be paid from the personal funds of the lobbyist and no other funds from any source may be used to pay such fine." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Balfour of the 9th and Harp of the 29th offered the following amendment #1 to the committee substitute: Amend the Senate Ethics Committee substitute to SB 17 (LC 29 3647S) by striking lines 12 through 19 and inserting in lieu thereof the following: "(l)(1) In addition to other penalties provided under this chapter, an additional the following filing fee of $25.00 fees shall be imposed for each report that is filed late: (A) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 (B) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . . . $50.00 (C) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00. (2) In addition, a filing fee of $50.00 the following filing fees shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report: (A) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 (B) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . . . $100.00 (C) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00. (3) If a report has not been filed by the forty-fifth day after the due date for such report, the following fines shall be imposed: 2164 JOURNAL OF THE SENATE (A) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 (B) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . . . $250.00 (C) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $750.00. In the case of a candidate, such fine shall be paid from the personal funds of the candidate and no other funds from any source may be used to pay such fine." By striking lines 23 through 29 and inserting in lieu thereof the following: "(6)(A) In addition to other penalties provided under this chapter, the following filing fees shall be imposed for each financial disclosure statement that is filed late: (i) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 (ii) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . $50.00 (iii) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00. (B) In addition, the following filing fees shall be imposed on the fifteenth day after the due date if the financial disclosure statement has still not been filed: (i) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 (ii) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . $100.00 (iii) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00. (C) If a financial disclosure statement has not been filed by the forty-fifth day after the due date for such financial disclosure statement, the following fines shall be imposed: (i) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 (ii) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . $250.00 (iii) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $750.00. In the case of a candidate, such fine shall be paid from the personal funds of the candidate and no other funds from any source may be used to pay such fine." THURSDAY, MARCH 12, 2009 2165 On the adoption of the amendment, there were no objections, and the Balfour, Harp amendment #1 to the committee substitute was adopted. Senators Unterman of the 45th and Balfour of the 9th offered the following amendment #2 to the committee substitute: Amend the committee substitute to SB 17 (LC 29 3647S) by inserting after the semicolon on line 4 the following: to change certain provisions regarding filing campaign disclosure reports and financial disclosure reports; to eliminate duplicate copy filing of certain disclosure reports with county election superintendents; to provide that electronic filing shall constitute an affirmation that a report is true, complete, and correct; By inserting at the appropriate places new Sections 1.1, 1.2, 2.1, and 2.2 to read as follows: SECTION 1.1. Said chapter is further amended by revising subparagraph (a)(1)(A) and the introductory language of subsection (e) of Code Section 21-5-34, 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 candidate's campaign committee shall file such candidate's reports with the commission and a copy of such report with the election superintendent of the county of such candidate's residence." "(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons shall not be required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements:" SECTION 1.2. Said chapter is further amended in Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, by revising subsection (e) as follows: 2166 JOURNAL OF THE SENATE "(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the filer shall only submit to the commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed. The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct." SECTION 2.1. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates, by revising subsection (e) as follows: "(e) Where the financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are filed electronically, the public officer, as that term is defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, shall file a notarized affidavit certifying that the electronic filing is correct and no paper copy of the financial disclosure statement shall be required to be filed. The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct." SECTION 2.2. Said chapter is further amended by revising Code Section 21-5-51, relating to verification of financial disclosure statements, as follows: "21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths, unless filed electronically in which case the electronic filing shall constitute an affirmation that the statement is true, complete, and correct." On the adoption of the amendment, there were no objections, and the Unterman, Balfour amendment #2 to the committee substitute was adopted. Senators Johnson of the 1st, Williams of the 19th, Rogers of the 21st, Brown of the 26th, Adelman of the 42nd, Reed of the 35th, and Thompson of the 33rd offered the following amendment #3 to the committee substitute: Amend the committee substitute to SB 17 by adding after the first word "To" on line 1 the words "revise provisions relating to ethical conduct relating to public office; to" By inserting after the first semicolon on line 5 the following: to amend Part 6 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to the Joint Legislative Ethics Committee, so as to revise the powers and duties of the committee and provide for reports to the committee of the THURSDAY, MARCH 12, 2009 2167 names of members of the General Assembly who have not filed required state personal income tax returns; By renumbering Section 5 as Section 7 and inserting new Sections 5 and 6 to read as follows: SECTION 5. Part 6 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to the Joint Legislative Ethics Committee, is amended in Code Section 45-10-93, relating to powers and duties of the committee, by revising paragraphs (4) and (5) of subsection (a) as follows: "(4) To summons summon any person to appear, give sworn testimony, or produce documentary or other evidence; (5) To adopt such procedural rules and regulations as are necessary to carry out the purposes of this part; and" SECTION 6. Said part is further amended in said Code Section 45-10-93 by revising paragraph (1), paragraph (2), paragraph (5), and subparagraph (6)(A) of subsection (b) as follows: "(1) To advise and assist the General Assembly in establishing rules and regulations relating to conflicts between the private interests of a member of the legislative branch of state government and the his or her duties as such;" "(2) To receive and investigate all complaints alleging a violation of the procedural rules and regulations established by the committee;" "(5) To prepare and publish an annual report periodic reports for the General Assembly summarizing the activities of the committee and recommending legislation that in its judgment will promote the purposes of this part;" "(6)(A) To conduct an investigation of the merits of a written complaint by any person who believes that a violation of this part has occurred alleges misconduct on the part of a member of the General Assembly or a member of the staff of the General Assembly. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the committee determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The committee may file a complaint charging violations of this part alleging misconduct on the part of a member of the General Assembly or a member of the staff of the General Assembly. Nothing in this Code section shall be construed to limit or encumber the right of the committee to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this part;" SECTION 6. Said part is further amended by adding a new Code section to read as follows: 2168 JOURNAL OF THE SENATE "45-10-95. (a) The state revenue commissioner shall prior to the convening of each annual session of the General Assembly report to the committee the name of any member of the General Assembly who has not filed a Georgia personal income tax return for the most recent preceding calendar year for which a return was required by law to be filed by such member. The state revenue commissioner shall give written notice of the pending report to each member of the General Assembly who is to be named at least 20 days prior to making such report. The provisions of this Code section shall control over the provisions of Code Section 48-7-60, relating to confidential treatment of state income tax return information. (b) Upon receipt of a report from the state revenue commissioner, the committee may conduct an investigation of whether a member of the General Assembly has committed misconduct by failing to file a required Georgia personal income tax return or may refer the matter to the Senate Ethics Committee in the case of a Senator or to the House Committee on Ethics in the case of a member of the House of Representatives." On the adoption of the amendment, there were no objections, and the Johnson 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: Y Adelman Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber THURSDAY, MARCH 12, 2009 2169 Y Hamrick Y Harbison Y Harp Y Powell Y Ramsey Y Reed Y Wiles Y Williams On the passage of the bill, the yeas were 54, nays 0. SB 17, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Gail Buckner District 44 313-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Government Oversight Interstate Cooperation State Institutions and Property Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM DATE: 12 March 2009 TO: FROM: Bob Ewing Secretary of the Senate Senator Gail Buckner, 44th On Thursday, March 12, 2009, I was called off the Senate Floor and missed the vote for Senate Bill 17. I wish to be recorded as voting "YES" on Senate Bill 17 and all its amendments. Thank you. /s/ Gail Buckner Senator Tommie Williams, President Pro Tempore, assumed the Chair. SB 27. By Senators Bulloch of the 11th, Heath of the 31st, Hill of the 4th, Pearson of the 51st, Powell of the 23rd 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 2170 JOURNAL OF THE SENATE 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. The Senate Rules Committee offered the following substitute to SB 27: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code section to read as follows: "1-4-20. (a) The General Assembly hereby finds and determines that tourism is a great economic resource in Georgia; and historical, heritage, and cultural inheritance are among the tourism industry's most popular attractions. Georgia's Confederate heritage, physical artifacts and battle sites, and historic events and persons not only attract visitors, they are potentially of even greater importance and benefit to our state's economy. Increased development of our state's Confederate history and heritage as part of the tourism industry will be enhanced through recognizing, celebrating, and advertising that heritage and history. (b) The month of April of each year is hereby designated as Confederate History and Heritage Month and shall be set aside to honor, observe, and celebrate the Confederate States of America, its history, those who served in its armed forces and government, and all those millions of its citizens of various races and ethnic groups and religions who contributed in sundry and myriad ways to the cause which they held so dear from its founding on February 4, 1861, in Montgomery, Alabama, until the Confederate ship CSS Shenandoah sailed into Liverpool Harbor and surrendered to British authorities on November 6, 1865. (c) Officials and departments of state, county, and municipal governments, boards of education, elementary and secondary schools, colleges and universities, businesses, and all citizens are encouraged to participate in programs, displays, and activities that commemorate and honor our shared history and cultural inheritance throughout each April during Confederate History and Heritage Month." THURSDAY, MARCH 12, 2009 2171 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas 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 48, nays 2. SB 27, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 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 Finance 2172 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 3/12/09 Mr. Secretary, Please show me voting "Aye" on SB 27. /s/ Jack Hill SB 96. By Senators Reed of the 35th, Johnson of the 1st, Hooks of the 14th and Brown of the 26th: A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Title 36 of the Official Code of Georgia Annotated, relating to ethics in government 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 candidate's 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 provide for the establishment of ethics panels by elected local governing bodies of counties and municipalities and local school systems; 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas THURSDAY, MARCH 12, 2009 2173 Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed 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 96, having received the requisite constitutional majority, was passed. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. SB 94. 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 that an insured under a group accident and sickness policy may include dependents up to age 25; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers N Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 2174 JOURNAL OF THE SENATE E Hamrick Y Harbison Y Harp Y Powell Y Ramsey Y Reed Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 1. SB 94, having received the requisite constitutional majority, was passed. SB 130. By Senators Mullis of the 53rd and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide a short title; to provide for legislative intent; to provide definitions; to establish procedures and requirements for the electronic lease-purchase of goods; to provide for data and personal information protection practices; to provide that persons entering into electronic lease-purchase agreements shall receive certain information and have certain rights with regard to the goods that are the subject of such agreements; to provide for certain requirements for merchants with regard to websites and data transmission; 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 130: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide a short title; to provide for legislative intent; to provide a definition; to establish procedures and requirements for the electronic lease-purchase of goods; to provide for data and personal information protection practices; to provide that persons entering into electronic lease-purchase agreements shall receive certain information and have certain rights with regard to the goods that are the subject of such agreements; to provide for certain requirements for merchants with regard to websites and data transmission; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new article to read as follows: THURSDAY, MARCH 12, 2009 2175 "ARTICLE 23A 10-1-690. (a) This article shall be known and may be cited as the 'Electronic Lease-Purchase of Goods Act.' (b) This article is for the purpose of enabling electronic commerce in lease-purchase transactions and to require security measures to safeguard consumer private information, including their identity and financial information. 10-1-691. As used in this article, the term 'lease-purchase goods' means personal property used by a lessee primarily for personal, family, or household purposes and acquired under a lease-purchase agreement as defined in Code Section 10-1-681. 10-1-692. (a) A lessor who wishes to offer lease-purchase goods to a natural person may enter into such a transaction electronically so long as all of the requirements of Article 23 of this chapter are met in addition to the requirements of this article. (b) A lessor entering into a transaction with a lessee using electronic media in any form, including, but not limited to, the Internet, telephone, and SMS messaging, may obtain electronic signatures or recorded verbal authorizations from a lessee to do so, consistent with all requirements of Chapter 12 of this title, the 'Georgia Electronic Records and Signatures Act,' and provided that a lessee's affirmative consent to electronic communication is obtained. (c) A lessor shall utilize the best available data protection practices in the electronic lease-purchase of goods, consistent in all respects with the following: (1) Data collected shall be used only for the specific purpose for which it is collected and shall be relevant and not excessive in relation to the purpose for which it is collected; (2) A lessee shall expressly consent to the use of electronic communication, including electronic processing and retention of personal data for purposes of this article; (3) A lessor shall take appropriate technical and organizational measures against unauthorized or unlawful processing of personal information and against accidental loss, theft, or destruction of, or damage to, a lessee's personal data, consistent with all applicable state and federal laws; (4) A lessee shall be provided with information about safeguards in place designed to protect personal information submitted electronically; and (5) A lessee shall have a means of updating personal information on file with a lessor. (d) A lessor shall provide an electronic copy of the final lease-purchase agreement that the lessee may print or store electronically, provided that the lessee shall be responsible for ensuring that the computer or other electronic device used has sufficient memory to store the agreement and any software or hardware needed for the viewing, printing, and 2176 JOURNAL OF THE SENATE storage of the agreement. (e) A lessor shall maintain a published privacy policy, readily available to all visitors to the lessor's Internet website, which details the purposes for which a lessee's personal information is being collected and the manner in which it will be used, including identity verification and compliance with all applicable state and federal laws. (f) A lessor shall utilize best industry practices to verify an individual's identity prior to entering into a lease-purchase agreement, consistent with applicable laws, in order to minimize incidences of identity fraud or theft. (g) A lessor shall maintain at least one physical location within the State of Georgia. Such location, its local telephone number, and the operating hours thereof shall be disclosed on the lessor's Internet website. (h) A lessor's Internet website shall clearly disclose one or more methods whereby a lessee may contact the lessor at no cost, such as a toll-free telephone number and a tollfree facsimile number, and the hours during which the lessor will be available to respond. (i) A lessor may elect to ship lease-purchase goods to a lessee by common carrier, provided that the lessor shall develop and maintain a system for the lessee to report problems regarding the sale or delivery to the lessor. Methods for reporting problems shall be clearly displayed on the lessor's Internet website. (j) A lessee shall have the right to inspect lease-purchase goods to confirm that they are in good working order on the day of delivery and to contact the lessor to request a suitable replacement at no cost to the lessee if the lease-purchase goods are not in good working order at the time of delivery. (k) A lessor shall clearly disclose on its Internet website a lessee's right to return leasepurchase goods to the lessor without penalty upon the lessee's early termination of the lease-purchase agreement. 10-1-693. Nothing in this article shall be interpreted or construed to authorize any transactions prohibited by Chapter 17 of Title 16." 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 Balfour Y Brown Y Hawkins N Heath Y Henson Y Rogers Y Seabaugh Y Seay THURSDAY, MARCH 12, 2009 2177 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Shafer Y Sims N Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 3. SB 130, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Eric Johnson District 1 121-F State Capitol Atlanta, GA 30334 Committees: Ethics Agriculture and Consumer Affairs Education and Youth Finance Regulated Industries and Utilities Rules The State Senate Atlanta, Georgia 30334 March 12, 2009 Honorable Robert F. Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Secretary Ewing: I came in from off the floor and intended to vote "No" on SB 130. 2178 JOURNAL OF THE SENATE Sincerely, /s/ Eric Johnson 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 44. By Representatives Graves of the 12th, Loudermilk of the 14th, Ramsey of the 72nd, Scott of the 2nd, Levitas of the 82nd 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 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. HB 248. By Representatives Barnard of the 166th, Ehrhart of the 36th, Drenner of the 86th, Everson of the 106th, Reese of the 98th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. HB 455. By Representatives Neal of the 1st, Lindsey of the 54th, Casas of the 103rd, Ashe of the 56th, England of the 108th and others: A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for THURSDAY, MARCH 12, 2009 2179 certificated personnel in elementary and secondary education, so as to temporarily extend certain deadlines; 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 126. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for automated transactions; to provide for transferable records; to provide for acceptance and distribution of electronic records by governmental agencies; to provide for exclusions; to provide for applicability; to provide for relief from the unauthorized use of electronic signatures; to amend Titles 14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 323. HB 529. HB 540. 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 Court's consideration of applications for pretrial proceedings in cases in which the death penalty is sought; to repeal conflicting laws; and for other purposes. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes. By Representatives Scott of the 153rd and Yates of the 73rd: 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, 2180 JOURNAL OF THE SENATE so as to remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks; to provide for related matters; to repeal conflicting laws; and for other purposes. The President assumed the Chair. The Calendar was resumed. SB 169. By Senators Hudgens of the 47th, Williams of the 19th, Rogers of the 21st, Thomas of the 54th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to provide for a short title; to provide for definitions; to provide that it shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm; to provide for standards for physicians and facilities performing in vitro fertilizations; to provide for judicial standards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Adelman of the 42nd moved that SB 169 be placed on the Table. Senator Hudgens of the 47th objected. On the motion, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth N Chance N Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson,L Y Jackson,W N Johnson Y Jones N Moody N Mullis N Murphy Y Orrock N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson N Unterman THURSDAY, MARCH 12, 2009 2181 Y Grant N Hamrick Y Harbison Y Harp N Pearson Y Powell Y Ramsey Y Reed Y Weber N Wiles N Williams On the motion, the yeas were 30, nays 26; the motion prevailed, and SB 169 was placed on the Table. Senator Reed of the 35th was excused for business outside the Senate Chamber. SB 172. By Senators Hamrick of the 30th and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for recovery for serious mental and emotional trauma; to update legislative intent; to change definitions and provide for a new definition; to change provisions related to filing of claims; to change provisions relating to investigations; to revise the characteristics of persons eligible for awards; to change provisions relating to the board's required findings and effective dates for certain for awards; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Murphy of the 27th, Unterman of the45th and Hawkins of the 49th offered the following amendment #1: Amend SB 172 by inserting on line 6 after "awards;" the following: to provide for an adult entertainment surcharge; to provide for definitions; By replacing lines 42 through 45 with the following: of the United States when such act is committed; or (C) An act of mass violence which results in physical injury, serious mental or emotional trauma, or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed; or (D) When performed upon a minor under 18 years of age, an act which constitutes pimping as defined in Code Section 16-6-11, pandering as defined in Code Section 16-6-12, pandering by compulsion as defined in Code Section 16-6-14, or trafficking a person for sexual servitude as defined in subsection (c) of Code Section 16-5-46. By inserting after line 214 the following: Said chapter is further amended by adding a new Code section to read as follows: "17-15-15. (a) As used in this Code section, the term: 2182 JOURNAL OF THE SENATE (1) 'Nude' means: (A) Entirely unclothed; or (B) Clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the person is female, or any portion of the genitals or buttocks. (2) 'Sexually oriented business' means a nightclub, bar, restaurant, or similar commercial enterprise that: (A) Provides for an audience of two or more individuals live nude entertainment or live nude performances; and (B) Authorizes on-premises consumption of alcoholic beverages, regardless of whether the consumption of alcoholic beverages is allowed under a license granted pursuant to the Georgia Alcoholic Beverage Code. (b) A surcharge shall be imposed on a sexually oriented business in an amount equal to $5.00 for each entry by each customer admitted to the business. (c) The sexually oriented business shall remit the surcharge to the state revenue commissioner in the manner prescribed by the commissioner. (d) The state revenue commissioner shall deposit all amounts received from the surcharge imposed under this Code section to the fund. The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section." SECTION 8. Said chapter is further amended by adding a new Code section to read as follows: "17-15-16. The board shall be authorized to designate and expend moneys to provide residential treatment facilities and programs and other appropriate services to victims of the crime described in subparagraph (D) of paragraph (3) of Code Section 17-15-2." SECTION 9. Senator Murphy of the 27th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Murphy et al. 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: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims THURSDAY, MARCH 12, 2009 2183 Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 172, having received the requisite constitutional majority, was passed. SB 207. By Senator Wiles of the 37th: 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 admit the general public to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and The Senate Special Judiciary Committee offered the following substitute to SB 207: A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to admit the general public to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to require a written order to make such hearings; to prohibit the media from publicizing the name, identity, or likeness 2184 JOURNAL OF THE SENATE of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services, the Department of Juvenile Justice, and certain service providers to inspect files and records without an order of the court; to provide that certain records may be sealed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising Code Section 15-11-78, relating to exclusion of the public from hearing and exceptions, as follows: "15-11-78. (a) Except as otherwise provided by subsection (b) of this Code section, the general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard. (b) The general public shall be admitted to: (1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-63; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of deprivation; (3) Any child support hearing; (4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; or (5) At the court's discretion, any dispositional hearing involving any proceeding under this article. (a) The general public shall be admitted to hearings in any proceeding in juvenile court, except as otherwise provided in this Code section. (b)(1) The general public shall be excluded from hearings in proceedings involving adoption pursuant to Chapter 8 of Title 19 and hearings involving delinquency pursuant to Chapter 11 of Title 15. (2) Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings from which the public is excluded. THURSDAY, MARCH 12, 2009 2185 (3) The court may temporarily exclude any child from a termination of parental rights hearing except while allegations of his or her delinquency or unruly conduct are being heard. (c)(1) Except as provided in subsection (b) of this Code section, the court shall close a hearing in a proceeding only in exceptional circumstances and shall make a finding on the record and issue a signed order as to the reason or reasons for closing all or part of a hearing in any proceeding. (2) The court may close the hearing in any proceeding in juvenile court upon making a finding upon the record and issuing a signed order: (A) That the proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16; or (B) That it is in the best interest of the child. In making such a determination, the court shall consider such factors as: (i) The age of the child; (ii) The nature of the allegations; and (iii) The effect of publicity, if any, on family reunification. (d) The court may refuse to admit a person to a hearing in any proceeding upon making a finding upon the record and issuing a signed order that the person's presence at the hearing would: (1) Be detrimental to the best interest of a child who is a party to the proceeding; (2) Impair the fact-finding process; or (3) Be otherwise contrary to the interest of justice. (e) The court may close a hearing or exclude a person from a hearing in any proceeding on its own motion or by motion of a party to the proceeding. (f) Each juvenile court shall request the media not to release identifying information concerning any child or family members involved in hearings open to the public. (g) Any request for installation and use of electronic recording, transmission, videotaping, or motion picture or still photography of any judicial proceeding shall be made to the juvenile court at least two days in advance of the hearing. The request shall be evaluated by the court pursuant to the standards set forth in Code Section 15-110.1." SECTION 2. Said chapter is further amended by revising subsections (a) and (b) of Code Section 1511-79, relating to inspection of court files and records, as follows: "(a) Except as provided in subsection subsections (b) and (c) of this Code section, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. (b) Subject to the requirements of subsection (a) of Code Section 15-11-56, subsection (b) of Code Section 15-11-65, and Code Section 15-11-79.2, the general public shall be allowed to inspect court files and records for cases arising under Code Section 15-11-73 or any complaint, petition, or order from any case that was open to the public pursuant to subsection (b) of Code Section 15-11-78. The general public shall be allowed to 2186 JOURNAL OF THE SENATE inspect court files and records for proceedings involving a legitimation petition under the jurisdiction of the juvenile court pursuant to paragraph (1) or (2) of subsection (e) of Code Section 15-11-28. (b) Files and records of a proceeding, unless sealed pursuant to Code Section 15-1179.2, may be inspected without an order of the court by: (1) The child who is the subject of the proceeding; (2) A guardian ad litem who has been appointed by the court in the proceeding, including a court appointed special advocate; (3) The child's attorney; (4) A person who: (A) Is the parent, legal guardian, or legal custodian of the child who is the subject of the proceeding; and (B) Has not been alleged to have committed any offense pursuant to Title 16 against the child who is the subject of the proceeding; (5) The Division of Family and Children Services; (6) The Department of Juvenile Justice; and (7) Service providers who are providing services to the child through contracts with the juvenile court, the Division of Family and Children Services, or the Department of Juvenile Justice." SECTION 3. Said chapter is further amended by revising subsection (e) of Code Section 15-11-79.2, relating to sealing of records, as follows: "(e) Except as otherwise provided by the court, no order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (a) of Code Section 15-11-78 The court may seal any record containing information identifying a victim of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16." SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 15-11-82, relating to inspection of court files and records, as follows: "(b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-30.2, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (a) or (b) of Code Section 15-11-78 or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public, except as provided in Code Section 15-11-79." SECTION 5. This Act shall become effective July 1, 2009, and shall not apply to any juvenile court proceeding filed before that date. Any such proceeding filed before July 1, 2009, shall be governed by the statute in effect at the time the juvenile court proceeding was filed. THURSDAY, MARCH 12, 2009 2187 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 Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Cowsert Y Crosby 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 Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas 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 3. SB 207, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 44. By Representatives Graves of the 12th, Loudermilk of the 14th, Ramsey of the 72nd, Scott of the 2nd, Levitas of the 82nd 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 provide for the application of zero-base budgeting to the budget 2188 JOURNAL OF THE SENATE 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. Referred to the Appropriations Committee. HB 126. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for automated transactions; to provide for transferable records; to provide for acceptance and distribution of electronic records by governmental agencies; to provide for exclusions; to provide for applicability; to provide for relief from the unauthorized use of electronic signatures; to amend Titles 14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. HB 248. By Representatives Barnard of the 166th, Ehrhart of the 36th, Drenner of the 86th, Everson of the 106th, Reese of the 98th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 323. 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, THURSDAY, MARCH 12, 2009 2189 so as to extend the period of review for the Supreme Court's 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 455. By Representatives Neal of the 1st, Lindsey of the 54th, Casas of the 103rd, Ashe of the 56th, England of the 108th and others: A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for certificated personnel in elementary and secondary education, so as to temporarily extend certain deadlines; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 540. By Representatives Scott of the 153rd and Yates of the 73rd: 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 remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The Calendar was resumed. 2190 JOURNAL OF THE SENATE SB 231. By Senator Weber of the 40th: 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 establish the PROMISE III teacher's scholarship; to provide for eligibility requirements; to provide for service cancelable requirements; to provide for the maximum amount; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Staton Y Stoner Y Tarver Y Tate Y Thomas 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 231, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: THURSDAY, MARCH 12, 2009 2191 HB 364. By Representatives Stephens of the 164th, Burkhalter of the 50th and Fludd of the 66th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption regarding the sale or use of an airplane flight simulation training device approved by the Federal Aviation Administration under Appendices A and B, 14 C.F.R. Part 60; to repeal conflicting laws; and for other purposes. HB 367. By Representative Knight of the 126th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to provide for permits for the construction and maintenance of boat shelters on High Falls Lake; to provide for a transition period; to provide for a fee; to provide for inspections; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; 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 158. By Representatives Manning of the 32nd and Meadows of the 5th: A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to revise provisions relative to allocating water and wastewater usage among tenants and charging tenants for usage; to provide for 2192 JOURNAL OF THE SENATE metering and separate charging of water to tenants in new construction; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 509. By Representatives Cooper of the 41st, Rice of the 51st, Lindsey of the 54th, Channell of the 116th, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to provide for a contingency and effective dates; to repeal conflicting laws; and for other purposes. HB 568. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to provide that members of the Public Service Commission shall represent the entire state and be elected state wide; to change the term and manner of the election of the chairperson of the commission; to provide for the election of other officers; to provide for the establishment of rules by the commission as to quorum, attendance, and other matters; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 160. By Senators Chapman of the 3rd, Douglas of the 17th, Staton of the 18th, Harbison of the 15th, Murphy of the 27th 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 THURSDAY, MARCH 12, 2009 2193 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. The report of the committee, which was favorable to the passage of the bill, was agreed 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones N Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 51, nays 1. SB 160, having received the requisite constitutional majority, was passed. At 4:31 p.m. Senator Tommie Williams, President Pro Tempore, announced that the Senate would stand in recess until 5:00 p.m. At 5:00 p.m. the President called the Senate to order. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: 2194 JOURNAL OF THE SENATE HB 397. By Representatives Burns of the 157th, Roberts of the 154th, McCall of the 30th, Lane of the 158th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to brakes, so as to update certain provisions relating to surge brakes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 575. By Representatives Golick of the 34th, Ramsey of the 72nd, Levitas of the 82nd, Bearden of the 68th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 607. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Mills of the 25th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Public Safety, so as to change certain provisions relating to the Board of Public Safety; to provide for a member of the Georgia Association of Fire Chiefs to serve as a member of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following House legislation was read the first time and referred to committee: HB 158. By Representatives Manning of the 32nd and Meadows of the 5th: A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to revise provisions relative to allocating water and waste-water usage among tenants and charging tenants for usage; to provide for metering and separate charging of water to tenants in new construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. THURSDAY, MARCH 12, 2009 2195 HB 364. By Representatives Stephens of the 164th, Burkhalter of the 50th and Fludd of the 66th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption regarding the sale or use of an airplane flight simulation training device approved by the Federal Aviation Administration under Appendices A and B, 14 C.F.R. Part 60; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 367. By Representative Knight of the 126th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to provide for permits for the construction and maintenance of boat shelters on High Falls Lake; to provide for a transition period; to provide for a fee; to provide for inspections; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 397. By Representatives Burns of the 157th, Roberts of the 154th, McCall of the 30th, Lane of the 158th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to brakes, so as to update certain provisions relating to surge brakes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, 2196 JOURNAL OF THE SENATE and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 509. By Representatives Cooper of the 41st, Rice of the 51st, Lindsey of the 54th, Channell of the 116th, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to provide for a contingency and effective dates; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 607. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Mills of the 25th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Public Safety, so as to change certain provisions relating to the Board of Public Safety; to provide for a member of the Georgia Association of Fire Chiefs to serve as a member of the board; 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 568. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to provide that members of the Public Service Commission shall represent the entire state and be elected state wide; to change the term and manner of the election of the chairperson of the THURSDAY, MARCH 12, 2009 2197 commission; to provide for the election of other officers; to provide for the establishment of rules by the commission as to quorum, attendance, and other matters; 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 575. By Representatives Golick of the 34th, Ramsey of the 72nd, Levitas of the 82nd, Bearden of the 68th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. Senator Hudgens of the 47th moved that the following bill, having been placed on the Table today, be taken from the Table: SB 169. By Senators Hudgens of the 47th, Williams of the 19th, Rogers of the 21st, Thomas of the 54th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to provide for a short title; to provide for definitions; to provide that it shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm; to provide for standards for physicians and facilities performing in vitro fertilizations; to provide for judicial standards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. On the motion, Senator Adelman of the 42nd objected. On the motion, the yeas were 33, nays 21; the motion prevailed, and SB 169 was taken from the Table, and placed at the foot of today's Rules Calendar. Senator Mullis of the 53rd asked unanimous consent to drop SR 422 to the foot of today's Senate Rules Calendar. The consent was granted, and SR 422 was placed at the foot of the Rules Calendar. 2198 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 453. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 492. By Representatives Neal of the 1st, Scott of the 2nd, Hill of the 180th, Stephens of the 164th and Hudson of the 124th: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 608. By Representatives Weldon of the 3rd, Willard of the 49th, Lane of the 167th, Jacobs of the 80th, Powell of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to time-share projects and programs, so as to provide for definitions; to provide that a time-share estate shall include certain interests; to provide for certain actions when such interests are held in trust; to provide for certain fiduciary requirements to an owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 12, 2009 2199 HB 614. By Representatives Cooper of the 41st and 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, IV, or V 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 authorize the contracting of services relating to the program; 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 336. By Representatives Everson of the 106th, Cox of the 102nd, Collins of the 95th, Casas of the 103rd and Mitchell of the 88th: A RESOLUTION honoring the life and sacrifice of Corporal Jonathan Ryan Ayers and dedicating an interchange in his memory; and for other purposes. HR 338. By Representatives Smith of the 70th, Parsons of the 42nd, May of the 111th, Anderson of the 117th, Drenner of the 86th and others: A RESOLUTION expressing the support of the General Assembly for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this state's economy and energy independence while respecting the natural environment and protecting it for future generations; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and 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 provide for 2200 JOURNAL OF THE SENATE HB 410. HB 444. HB 451. the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 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 provide an exemption from insurance premium taxes for certain insurance products; to make certain technical corrections with regard to certain exemptions from insurance premium taxes for certain insurance products; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to make certain technical corrections regarding certain income tax deductions and income tax credits; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Knight of the 126th and O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for civil penalties and injunctive relief regarding certain tax return preparers; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Jacobs of the 80th, Lindsey of the 54th, Glanton of the 76th, Willard of the 49th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to adopt the revised Article 7 of the Uniform Commercial Code; to provide for conforming amendments to other provisions of such title; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 12, 2009 2201 HB 662. By Representatives Chambers of the 81st and Martin of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create the Capitol Police Division; to provide for personnel and duties; to provide for funding; to provide for the off-duty use of official vehicles; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to define a certain term; to provide for duties of certain employees of the Department of Public Safety; to repeal certain security duties of janitors and watchmen in public buildings; to make certain provisions relative to denying entrance to the capitol and other public property; 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 173. By Representatives Levitas of the 82nd, Coan of the 101st, Smith of the 131st, Parrish of the 156th, Bearden of the 68th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal or void contracts generally, so as to repeal Code Section 13-8-2.1, relating to contracts in partial restraint of trade; to provide a statement of legislative findings; to define certain terms; to provide for applicability; to provide for the enforcement of contracts that restrict or prohibit competition in certain commercial agreements; to provide for the judicial enforcement of such provisions; to provide for the modification of such provisions; to provide for rebuttable presumptions; to provide for related matters; to provide for a contingent effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 334. By Representatives Knight of the 126th, Peake of the 137th, O`Neal of the 146th, Roberts of the 154th and Mosby of the 90th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of revenue and taxation, so as to change certain provisions regarding forms of payment; to provide for penalties when taxpayers who are required to file electronically do not do so; to provide an effective date; to repeal conflicting laws; and for other purposes. 2202 JOURNAL OF THE SENATE HB 355. By Representatives Williams of the 4th, Dickson of the 6th and Jerguson of the 22nd: 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 change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 440. By Representatives Anderson of the 117th, May of the 111th, Rogers of the 26th, Roberts of the 154th and Baker of the 78th: A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning public utility and public transportation matters, so as to provide that state government endorsed rideshare programs are neither for hire nor carrier operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 516. By Representatives Roberts of the 154th, England of the 108th, Burns of the 157th, Willard of the 49th, Sims of the 119th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building or occupancy permits for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 169. By Senators Hudgens of the 47th, Williams of the 19th, Rogers of the 21st, Thomas of the 54th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship THURSDAY, MARCH 12, 2009 2203 generally, so as to provide for a short title; to provide for definitions; to provide that it shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm; to provide for standards for physicians and facilities performing in vitro fertilizations; to provide for judicial standards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Health and Human Services Committee offered the following substitute to SB 169: A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to provide for a short title; to provide for definitions; to provide that it shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm or intracytoplasmic sperm injection; to provide for standards for physicians and facilities performing in vitro fertilizations; to provide for judicial standards; to provide that there is no prohibition as to the use of induced Pluripotent Stem Cells (iPS cells); 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 "Ethical Treatment of Human Embryos Act." SECTION 2. Chapter 7 of Title 19 of the Official Code of Georgia Annotated, related to the parent and child relationship generally, is amended by adding a new article to read as follows: "ARTICLE 4 19-7-60. For purposes of this article, the term: (1) 'Donor' means an individual from whose body gametes were obtained, or an individual from whose body cells or tissues were obtained for the purpose of creating gametes or human embryos, whether for valuable consideration or not. (2) 'Gamete' means an egg (oocyte) or sperm. (3) 'Human embryo' means an organism with a human or significantly human genetic 2204 JOURNAL OF THE SENATE constitution from the single-celled stage to approximately eight weeks development that is derived by fertilization (in vitro or in utero), parthenogenesis, cloning (somatic cell nuclear transfer), or any other means from one or more human gametes or human diploid cells. (4) 'Induced Pluripotent Stem Cells (iPS cells)' means human cell reprogramming, other than a gamete, by the addition of human genes plus or minus chemicals. (5) 'In vitro' means outside the human body. (6) 'In vitro fertilization' means the formation of a human embryo outside the human body by union of human egg(s) with human sperm. (7) 'In vitro human embryo' means a human embryo created outside the human body. (8) 'Transfer' means the placement of a human embryo into the uterus of the human female. (9) 'Valuable consideration' means financial gain or advantage, including cash, inkind payments, reimbursement for any costs incurred in connection with the removal, processing, disposal, preservation, quality control, storage, transfer, or donation of human gametes, including lost wages of the donor, as well as any other consideration. 19-7-61. (a) It shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization or intracytoplasmic sperm injection of a human egg by a human sperm. (b) The creation of an in vitro human embryo shall be solely for the purposes of initiating a human pregnancy by means of transfer to the uterus of a human female for the treatment of human infertility or cryopreservation for such treatment in the future. No person or entity shall intentionally or knowingly transfer or attempt to transfer an embryo into a human uterus that is not the product of fertilization of a human egg by a human sperm. 19-7-62. No person or entity shall give or receive valuable consideration, offer to give or receive valuable consideration, or advertise for the giving or receiving of valuable consideration for the provision of in vitro human embryos. This Code section shall not apply to regulate or prohibit the procurement of gametes for the treatment of infertility being experienced by the patient from whom the gametes are being derived. 19-7-63. The living in vitro human embryo shall be given an identification by the facility for use within the medical facility. Records shall be maintained that identify the donors associated with the in vitro human embryo, and the confidentiality of such records shall be maintained as required by law. 19-7-64. (a) A living in vitro human embryo is a biological human being who is not the property THURSDAY, MARCH 12, 2009 2205 of any person or entity. The fertility physician and the medical facility that employs the physician owe a high duty of care to the living in vitro human embryo. Any contractual provision identifying the living in vitro embryo as the property of any party shall be null and void. The in vitro human embryo shall not be intentionally destroyed for any purpose by any person or entity or through the actions of such person or entity. (b) An in vitro human embryo that fails to show any sign of life over a 36 hour period outside a state of cryopreservation shall be considered no longer living. 19-7-65. In disputes arising between any parties regarding the in vitro human embryo, the judicial standard for resolving such disputes shall be the best interest of the in vitro human embryo. 19-7-66. (a) Any person or entity that violates any provision of this article and derives a pecuniary gain from such violation shall be fined not less than $500.00 nor more than $1,000.00. (b) Any violation of this article shall constitute unprofessional conduct pursuant to Code Section 43-34-37 and shall result in sanctions increasing in severity from censure to temporary suspension of license to permanent revocation of license. (c) Any violation of this article may be the basis for denying an application for, denying an application for the renewal of, or revoking any license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession. (d) Any violation of this article by an individual in the employ and under the auspices of a licensed health care facility to which the management of said facility consents, knows, or should know may be the basis for denying an application for, denying an application for the renewal of, temporarily suspending, or permanently revoking any operational license, permit, certificate, or any other form of permission required to operate a medical or health care facility. 19-7-67. Nothing in this article shall prohibit or otherwise impede the use of induced Pluripotent Stem Cells (iPS cells)." 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. 2206 JOURNAL OF THE SENATE Senators Wiles of the 37th, Hudgens of the 47th and Unterman of the 45th offered the following amendment #1 to the committee substitute: Amend the Senate Health and Human Services Committee substitute to SB 169 (LC 36 1398S) by inserting after "standards" on line 7 the following: to provide for a guardian ad litem and a temporary guardian of the in vitro human embryo under certain circumstances; By inserting after "embryo" on line 45 the following: shall not be for research and By replacing lines 71 through 72 with the following: (a) In disputes arising between any parties regarding the in vitro human embryo, the judicial standard for resolving such disputes shall be the best interest of the in vitro human embryo. (b) Upon petition of a donor, a donor's heirs in the event of the death of the donor, the fertility physician, or the medical facility that employs the physician, a superior court in the jurisdiction in which the in vitro human embryo is located shall appoint a guardian ad litem to protect the rights of the in vitro human embryo. (c) If the contractual or custodial rights of the donors having contractual or custodial rights to the in vitro human embryo are relinquished or terminated, the fertility physician shall be deemed the temporary guardian of the in vitro human embryo until transfer to the uterus of a human female. If the fertility physician elects not to serve as the temporary guardian, the medical facility that employs the physician shall be deemed the temporary guardian of the in vitro human embryo. Senator Wiles of the 37th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Wiles et al. amendment #1 to the committee substitute was withdrawn. Senators Smith of the 52nd, Weber of the 40th and Hudgens of the 47th offered the following amendment #2 to the committee substitute: Amend the committee substitute to SB 169 by striking on lines 1 and 2 the phrase beginning with the word "relating" and ending with the word "generally" and by striking on lines 5-7 the phrase beginning with the word "to" and ending with the word "standards"; and by striking on lines 15-16 the phrase "parent and child relationship" and inserting in lieu thereof the following: "creation of human embryos"; and by striking lines 37 through 40; and by striking lines 50 through 87; and by changing the code section on line 88 from "19-7-67" to be "19-7-62" On the adoption of the amendment, the President called for unanimous consent. THURSDAY, MARCH 12, 2009 2207 Senator Orrock of the 36th objected. On the adoption of the amendment, the yeas were 35, nays 6, and the Smith 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: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas 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 34, nays 22. SB 169, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 173. By Representatives Levitas of the 82nd, Coan of the 101st, Smith of the 131st, Parrish of the 156th, Bearden of the 68th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal or void contracts generally, so as 2208 JOURNAL OF THE SENATE to repeal Code Section 13-8-2.1, relating to contracts in partial restraint of trade; to provide a statement of legislative findings; to define certain terms; to provide for applicability; to provide for the enforcement of contracts that restrict or prohibit competition in certain commercial agreements; to provide for the judicial enforcement of such provisions; to provide for the modification of such provisions; to provide for rebuttable presumptions; to provide for related matters; to provide for a contingent effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 334. By Representatives Knight of the 126th, Peake of the 137th, O`Neal of the 146th, Roberts of the 154th and Mosby of the 90th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of revenue and taxation, so as to change certain provisions regarding forms of payment; to provide for penalties when taxpayers who are required to file electronically do not do so; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and 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 provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 355. By Representatives Williams of the 4th, Dickson of the 6th and Jerguson of the 22nd: 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 THURSDAY, MARCH 12, 2009 2209 change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; 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 410. 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 provide an exemption from insurance premium taxes for certain insurance products; to make certain technical corrections with regard to certain exemptions from insurance premium taxes for certain insurance products; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to make certain technical corrections regarding certain income tax deductions and income tax credits; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 440. By Representatives Anderson of the 117th, May of the 111th, Rogers of the 26th, Roberts of the 154th and Baker of the 78th: A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning public utility and public transportation matters, so as to provide that state government endorsed rideshare programs are neither for hire nor carrier operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 444. By Representatives Knight of the 126th and O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for civil penalties and injunctive relief regarding certain tax return preparers; to provide for definitions; to provide for 2210 JOURNAL OF THE SENATE procedures, conditions, and limitations; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 451. By Representatives Jacobs of the 80th, Lindsey of the 54th, Glanton of the 76th, Willard of the 49th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to adopt the revised Article 7 of the Uniform Commercial Code; to provide for conforming amendments to other provisions of such title; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 453. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 492. By Representatives Neal of the 1st, Scott of the 2nd, Hill of the 180th, Stephens of the 164th and Hudson of the 124th: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. THURSDAY, MARCH 12, 2009 2211 HB 516. By Representatives Roberts of the 154th, England of the 108th, Burns of the 157th, Willard of the 49th, Sims of the 119th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building or occupancy permits for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 608. By Representatives Weldon of the 3rd, Willard of the 49th, Lane of the 167th, Jacobs of the 80th, Powell of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to time-share projects and programs, so as to provide for definitions; to provide that a time-share estate shall include certain interests; to provide for certain actions when such interests are held in trust; to provide for certain fiduciary requirements to an owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 614. By Representatives Cooper of the 41st and 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, IV, or V 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 authorize the contracting of services relating to the program; 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. 2212 JOURNAL OF THE SENATE HB 662. By Representatives Chambers of the 81st and Martin of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create the Capitol Police Division; to provide for personnel and duties; to provide for funding; to provide for the off-duty use of official vehicles; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to define a certain term; to provide for duties of certain employees of the Department of Public Safety; to repeal certain security duties of janitors and watchmen in public buildings; to make certain provisions relative to denying entrance to the capitol and other public property; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HR 336. By Representatives Everson of the 106th, Cox of the 102nd, Collins of the 95th, Casas of the 103rd and Mitchell of the 88th: A RESOLUTION honoring the life and sacrifice of Corporal Jonathan Ryan Ayers and dedicating an interchange in his memory; and for other purposes. Referred to the Transportation Committee. HR 338. By Representatives Smith of the 70th, Parsons of the 42nd, May of the 111th, Anderson of the 117th, Drenner of the 86th and others: A RESOLUTION expressing the support of the General Assembly for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this state's economy and energy independence while respecting the natural environment and protecting it for future generations; and for other purposes. Referred to the Natural Resources and the Environment Committee. Senator Rogers of the 21st moved that the Senate stand in recess until midnight, then pursuant to HR 565 adjourn until 10:00 a.m. Tuesday, March 17, 2009. At 6:43 p.m. the President announced that the motion prevailed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: THURSDAY, MARCH 12, 2009 2213 Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 23. By Representatives Ramsey of the 72nd, Rice of the 51st, Lindsey of the 54th, Williams of the 178th, Levitas of the 82nd and others: 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 certain provisions relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care; to prohibit use of cell phones by persons under 18 years of age while operating a motor vehicle; to prohibit the practice of text messaging by persons under 18 years of age while operating a motor vehicle; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 349. By Representatives Burkhalter of the 50th, Smyre of the 132nd, Brooks of the 63rd, Harbin of the 118th, Everson of the 106th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in or for the new construction of, a civil rights museum; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 417. By Representatives Neal of the 1st, Meadows of the 5th, Knox of the 24th, Maxwell of the 17th and Hembree of the 67th: 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 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 provide for related matters; to repeal conflicting laws; and for other purposes. HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and 2214 JOURNAL OF THE SENATE elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; 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 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 186. By Representatives Martin of the 47th, Drenner of the 86th and Cox of the 102nd: 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. HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to THURSDAY, MARCH 12, 2009 2215 provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 579. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, so as to provide for eligibility for licensure without examination under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 667. By Representative Allison of the 8th: A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 313. By Representatives Hembree of the 67th and Millar of the 79th: 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 within the "Quality Basic Education Act," so as to revise certain provisions relating to calculating grade point averages for purposes of determining eligibility for enrollment and scholarships for postsecondary education; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 545. By Representatives Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Lane of the 167th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, so as to revise provisions relating to service of process; to provide for certification of persons authorized to serve process throughout the state; to provide for service upon persons residing in gated 2216 JOURNAL OF THE SENATE and secured communities; to provide for filing the return of service; to change certain provisions relating to process in civil practice; to provide for certification of certified process servers authorized to serve process throughout the state; to provide for qualifications, procedures, and other matters with respect to such certification; to regulate the professional conduct of certified process servers; to define the crime of impersonating a process server and provide for punishment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 549. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; 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 350. By Representatives Martin of the 47th and Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, so as to provide conditions for claiming exemptions by hospitals and other organizations that provide emergency health care services to inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 475. By Representatives Cooper of the 41st, Harbin of the 118th, Lindsey of the 54th, Houston of the 170th, Wilkinson of the 52nd 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 revise certain provisions relating to requirements for registered professional nurses in THURSDAY, MARCH 12, 2009 2217 nontraditional nursing education programs; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 493. By Representatives Brooks of the 63rd, Smyre of the 132nd, Porter of the 143rd, Burkhalter of the 50th, Keen of the 179th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Youth Conservation Corps, so as to change certain provisions relating to creation and purposes of the corps and rules and regulations related thereto; to change certain provisions relating to the director and administration of corps programs; to change certain provisions relating to location of and contracts for projects and prohibited uses of corps members; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 639. By Representatives Dollar of the 45th, Butler of the 18th, Lane of the 167th, Burkhalter of the 50th, Keen of the 179th 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 supporting the protection of wild dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; 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 435. By Representative Parsons of the 42nd: HB 553. A BILL to be entitled an Act to amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to exempt the Georgia Technology Authority from certain sales and use taxes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Lunsford of the 110th, Butler of the 18th, Stephens of the 164th, Millar of the 79th, Harbin of the 118th 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 2218 JOURNAL OF THE SENATE comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of the authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; 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 Bill of the House: HB 674. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 16-12-60, relating to regulation of bingo games operated by nonprofit organizations, so as to remove the limits on the amounts of prizes which may be awarded in such games; 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 2. By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 129. By Representatives Lindsey of the 54th, Kaiser of the 59th, Ashe of the 56th and Rynders of the 152nd: 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 THURSDAY, MARCH 12, 2009 2219 taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in the renovation or expansion of, a zoological institution; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 395. By Representatives Wilkinson of the 52nd, Burkhalter of the 50th and Martin of the 47th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning state sales and use taxes, so as to extend the sales and use tax exemption for certain tangible personal property used in direct connection with the construction of certain symphony halls; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 700. By Representatives Smith of the 113th and Hembree of the 67th: A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to provide for utilization by the Board of Regents of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Education Authority (University) of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Higher Education Facilities Authority of certain construction related services of the Georgia State Financing and Investment Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to a previously adopted motion, the Senate adjourned at midnight. 2220 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 17, 2009 Thirty-first Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Tommie Williams, 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 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 13, 2009 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: I have signed House Bill 118, the 2009 Supplemental Appropriations Act, in the time required by the Constitution of the State of Georgia. Please be advised that I consider certain non-binding language contained in House Bill 118 as for informational purposes and not an appropriation: Section 16, pertaining to the Department of Community Health, page 28, line 834; and Section 16, pertaining to the Department of Community Health, page 30, paragraph between line 904 and 905. My messages with additional information about another budget item are enclosed. Sincerely, /s/ Sonny Perdue TUESDAY, MARCH 17, 2009 2221 HB 118 AMENDED FY 2009 APPROPRIATIONS BILL Certain non-binding language contained in HB 118 is for informational purposes and not an appropriation. Intent Language Considered Non-binding Section 16, pertaining to the Department of Community Health, page 28, line 834: The General Assembly seeks to earmark funds for a specific vendor, serving specific geographic locations. Pursuant to Op. Att'y Gen. 73-132 and the general law powers of the department, the department is authorized to utilize appropriate procurement and vendor management procedures to ensure that program services intended by the General Assembly are provided in a fair, equitable, efficient and effective manner. The named contractor in this earmark is not prohibited from participating in the department's procurement process. Section 16, pertaining to the Department of Community Health, page 30, Paragraph between line 904 and 905: 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 2009. This language dictates a matter controlled by general law 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. Signing Statement of Interpretation Section 22, pertaining to the Department of Education, page 54, line 1644: The General Assembly included $145,317,456 of federal stimulus funds from the American Recovery and Reinvestment Act of 2009 ("ARRA") for the Quality Basic Education program in the Department of Education. I am not striking any language in this portion of the budget. While I am confident that our state will receive more than this amount in federal stimulus funds for educational purposes in the current fiscal year, it is impossible at this point to know the allocation of these funds. Because the General Assembly chose to immediately transmit the budget before the U.S. Department of Education has clarified the application process or issued rules and regulations for the use of the stimulus funds, and because I as Governor must certify that Georgia is using federal funds in compliance with ARRA, the intent language contained in this line may be subject to changes caused by federal mandates. The following Senate legislation was introduced, read the first time and referred to committee: 2222 JOURNAL OF THE SENATE SB 263. By Senators Ramsey, Sr. of the 43rd and Douglas of the 17th: A BILL to be entitled an Act to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4770), so as to change the provisions relating to the compensation of such judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 264. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act to make provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984, p. 3785), as amended, so as to provide that the clerk of the Superior Court of Jasper County shall serve as the clerk of the magistrate court; to provide for the appointment of a clerk of the magistrate court in the event that the clerk of superior court chooses not serve as such clerk; to provide for the compensation 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. SB 265. By Senator Grant of the 25th: A BILL to be entitled an Act to create the Public Facilities Authority of the City of Milledgeville and Baldwin County; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their sale, and use of proceeds from such sales; 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 589. By Senators Tolleson of the 20th, Powell of the 23rd, Hudgens of the 47th, Hawkins of the 49th, Chapman of the 3rd and others: A RESOLUTION requesting that the Congress of the United States take legislative action to change the current definition of renewable biomass and TUESDAY, MARCH 17, 2009 2223 prevent the passage of any legislation that would control forest management practices on private forest lands; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 595. By Senators Hill of the 4th, Weber of the 40th and Moody of the 56th: A RESOLUTION creating the Senate Study Committee on Regional Educational Service Agencies; and for other purposes. Referred to the Education and Youth Committee. The following House legislation was read the first time and referred to committee: HB 2. By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; 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 23. By Representatives Ramsey of the 72nd, Rice of the 51st, Lindsey of the 54th, Williams of the 178th, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia 2224 JOURNAL OF THE SENATE Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care; to prohibit use of cell phones by persons under 18 years of age while operating a motor vehicle; to prohibit the practice of text messaging by persons under 18 years of age while operating a motor vehicle; to provide penalties for violations; 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 129. By Representatives Lindsey of the 54th, Kaiser of the 59th, Ashe of the 56th and Rynders of the 152nd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in the renovation or expansion of, a zoological institution; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 186. By Representatives Martin of the 47th, Drenner of the 86th and Cox of the 102nd: 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. HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child TUESDAY, MARCH 17, 2009 2225 Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; 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 313. By Representatives Hembree of the 67th and Millar of the 79th: 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 within the "Quality Basic Education Act," so as to revise certain provisions relating to calculating grade point averages for purposes of determining eligibility for enrollment and scholarships for postsecondary education; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 349. By Representatives Burkhalter of the 50th, Smyre of the 132nd, Brooks of the 63rd, Harbin of the 118th, Everson of the 106th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in or for the new construction of, a civil rights museum; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 350. By Representatives Martin of the 47th and Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, so as to provide conditions for claiming exemptions by hospitals and other organizations that provide emergency health care services to inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. 2226 JOURNAL OF THE SENATE HB 395. By Representatives Wilkinson of the 52nd, Burkhalter of the 50th and Martin of the 47th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning state sales and use taxes, so as to extend the sales and use tax exemption for certain tangible personal property used in direct connection with the construction of certain symphony halls; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 417. By Representatives Neal of the 1st, Meadows of the 5th, Knox of the 24th, Maxwell of the 17th and Hembree of the 67th: 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 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 provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 435. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to exempt the Georgia Technology Authority from certain sales and use taxes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. TUESDAY, MARCH 17, 2009 2227 HB 475. By Representatives Cooper of the 41st, Harbin of the 118th, Lindsey of the 54th, Houston of the 170th, Wilkinson of the 52nd 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 revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 493. By Representatives Brooks of the 63rd, Smyre of the 132nd, Porter of the 143rd, Burkhalter of the 50th, Keen of the 179th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Youth Conservation Corps, so as to change certain provisions relating to creation and purposes of the corps and rules and regulations related thereto; to change certain provisions relating to the director and administration of corps programs; to change certain provisions relating to location of and contracts for projects and prohibited uses of corps members; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 545. By Representatives Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Lane of the 167th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, so as to revise provisions relating to service of process; to provide for certification of persons authorized to serve process throughout the state; to provide for service upon persons residing in gated and secured communities; to provide for filing the return of service; to change certain provisions relating to process in civil practice; to provide for certification of certified process servers authorized to serve process throughout the state; to provide for qualifications, procedures, and other matters with respect to such certification; to regulate the professional conduct of certified process servers; to define the crime of impersonating a process server and provide for punishment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. 2228 JOURNAL OF THE SENATE HB 549. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; to provide for related matters to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 553. By Representatives Lunsford of the 110th, Butler of the 18th, Stephens of the 164th, Millar of the 79th, Harbin of the 118th 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 comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of the authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; 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. HB 579. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, so as to provide for eligibility for licensure without examination under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 639. By Representatives Dollar of the 45th, Butler of the 18th, Lane of the 167th, Burkhalter of the 50th, Keen of the 179th 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 supporting the protection of wild TUESDAY, MARCH 17, 2009 2229 dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 667. By Representative Allison of the 8th: A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 674. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 16-12-60, relating to regulation of bingo games operated by nonprofit organizations, so as to remove the limits on the amounts of prizes which may be awarded in such games; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 700. By Representatives Smith of the 113th and Hembree of the 67th: A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to provide for utilization by the Board of Regents of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Education Authority (University) of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Higher Education Facilities Authority of certain construction related services of the Georgia State Financing and Investment Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. The following committee reports were read by the Secretary: 2230 JOURNAL OF THE SENATE Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 283 Do Pass by substitute HB 308 Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 534 HB 584 HB 626 HB 638 Do Pass Do Pass Do Pass Do Pass HB 657 HB 660 HB 682 SB 258 Do Pass Do Pass Do Pass Do Pass as amended Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: HB 277 HR 206 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Thompson of the 33rd Unterman of the 45th Senator Buckner of the 44th 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 Buckner Bulloch Hawkins Heath Henson Hill,Jack Hill,Judson Reed Rogers Seabaugh Seay Shafer TUESDAY, MARCH 17, 2009 2231 Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Grant Hamrick Harbison Harp Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Weber Wiles Not answering were Senators: Fort Thompson, S. (Excused) Golden (Excused) Unterman (Excused) Ramsey (Excused) Williams (Presiding) Senator Fort of the 39th was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag. Senator Harp of the 29th introduced the chaplain of the day, Judge Taylor Phillips of Macon, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 585. By Senator Orrock of the 36th: A RESOLUTION recognizing and commending Mrs. Katherine Turner Carter; and for other purposes. SR 586. By Senators Tate of the 38th, Orrock of the 36th, Adelman of the 42nd, Fort of the 39th, Jones of the 10th and others: A RESOLUTION recognizing and commending Dr. Beverly L. Hall; and for other purposes. SR 587. By Senators Jackson of the 24th, Hudgens of the 47th, Goggans of the 7th, Unterman of the 45th and Murphy of the 27th: A RESOLUTION recognizing and commending Mrs. Alana Burke; and for other purposes. 2232 JOURNAL OF THE SENATE SR 588. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending the Office of Child Support Services Fatherhood/Paternity Program; and for other purposes. SR 590. By Senators Hill of the 4th and Johnson of the 1st: A RESOLUTION recognizing and commending the Effingham County High School wrestling team on winning the 2009 Class AAAA State Championship; and for other purposes. SR 591. By Senator Hill of the 4th: A RESOLUTION recognizing and commending the Community Assistance in Fire Emergencies Team of Statesboro, Georgia; and for other purposes. SR 592. By Senators Hill of the 4th, Hamrick of the 30th and Murphy of the 27th: A RESOLUTION honoring the life and memory of Mr. Johnny James McGlamery; and for other purposes. SR 593. By Senators Wiles of the 37th, Stoner of the 6th, Rogers of the 21st, Hill of the 32nd, Thompson of the 33rd and others: A RESOLUTION recognizing and commending Mr. Ian Feinberg; and for other purposes. SR 594. By Senators Seay of the 34th, Unterman of the 45th, Orrock of the 36th, Butler of the 55th, Tate of the 38th and others: A RESOLUTION recognizing the Chinese Peoples Association for Friendship with Foreign Countries, the Museum of the Terracotta Army, the Cultural Relics Bureau of Shaanxi Province, and Chinese Ambassador Zhou Wenzhong; and for other purposes. SR 596. By Senators Tarver of the 22nd, Powell of the 23rd and Jackson of the 24th: A RESOLUTION recognizing and commending Reverend Dr. Sam Davis; and for other purposes. SR 597. By Senators Hawkins of the 49th, Shafer of the 48th, Pearson of the 51st and Seabaugh of the 28th: A RESOLUTION recognizing and commending Mr. Tommy Aaron; and for other purposes. TUESDAY, MARCH 17, 2009 2233 SR 598. By Senator Douglas of the 17th: A RESOLUTION honoring the life and memory of Mr. Lamar B. Hays; and for other purposes. SR 599. By Senators Wiles of the 37th, Hill of the 32nd, Thompson of the 33rd, Stoner of the 6th and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Robert L. Sutton, Jr.; and for other purposes. SR 600. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Zach Frey; and for other purposes. SR 601. By Senators Shafer of the 48th, Goggans of the 7th, Hawkins of the 49th, Moody of the 56th, Thomas of the 54th and others: A RESOLUTION commending the American Red Cross and recognizing March, 2009, as American Red Cross Month at the state capitol; and for other purposes. SR 602. By Senators Douglas of the 17th, Hill of the 4th, Goggans of the 7th and Hawkins of the 49th: A RESOLUTION commending Georgia's National Guard troops; recognizing March 5, 2009, as National Guard Day at the state capitol; and for other purposes. Senator Johnson of the 1st recognized the Lilli Grace Memorial Foundation, commended by SR 330, adopted previously. Paul Register addressed the Senate briefly. Senator Thomas of the 54th recognized the Legislative Health Policy Certificate Program. Dr. Karen J. Minyard, Executive Director of the Georgia Health Policy Center, addressed the Senate briefly. Dr. Robert Moore, Acting Dean, Andrew Young School of Policy Studies at Georgia State University, 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: 2234 JOURNAL OF THE SENATE SENATE LOCAL CONSENT CALENDAR Tuesday, March 17, 2009 Thirty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 258 Balfour of the 9th CITY OF SNELLVILLE A BILL to be entitled an Act to amend an Act providing a new charter for the City of Snellville, approved April 28, 2001 (Ga. L. 2001, p. 4566), as amended, so as to change provisions relating to voting powers of the mayor; to repeal conflicting laws; and for other purposes. (Amendment) HB 534 Douglas of the 17th NEWTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY A BILL to be entitled an Act to provide for certain rights, powers, and privileges of the Newton County Industrial Development Authority; to define a term; to repeal certain Acts related to the authority; to repeal conflicting laws; and for other purposes. HB 584 Bulloch of the 11th Sims of the 12th MITCHELL COUNTY A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Mitchell County, approved March 25, 1996 (Ga. L. 1996, p. 3700); to specify the vehicle registration period for Mitchell County; to repeal conflicting laws; and for other purposes. HB 626 Pearson of the 51st DAWSON COUNTY A BILL to be entitled an Act to authorize the governing authority of Dawson County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 638 HB 657 HB 660 HB 682 TUESDAY, MARCH 17, 2009 2235 Pearson of the 51st CITY OF HELEN A BILL to be entitled an Act to authorize the governing authority of the City of Helen to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 4th CANDLER COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the powers, duties, and authority of the board; to change the powers, duties, and authority of the county administrator; to repeal conflicting laws; and for other purposes. Hill of the 4th CANDLER COUNTY A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an ad valorem tax for the purpose of realizing tax revenue to provide payment for Candler County Hospital Authority's services and facilities; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. Hooks of the 14th CITY OF BYRON A BILL to be entitled an Act to amend an Act providing a charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to provide for city administrator; to provide for the selection of such administrator; to provide for terms for such administrator; to provide for qualifications to serve as city administrator; to provide for duties; to provide for the authority to assess, levy, and collect ad valorem taxes on all real and personal property within the City of Byron; to provide for a method for establishing such taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. 2236 JOURNAL OF THE SENATE The amendment to the following bill was put upon its adoption: *SB 258: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend SB 258 (LC 18 8087) by inserting after "mayor;" in line 3 the following: to provide for an effective date and applicability; By inserting between lines 42 and 43 the following: This Act shall become effective on January 1, 2010, and shall apply to actions of the city council on or after such date. SECTION 4. On the adoption of the amendment, the yeas were 45, nays 0, and the committee amendment was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans E 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Williams (PRS) TUESDAY, MARCH 17, 2009 2237 On the passage of the local bills, the yeas were 45, nays 0. The bills on the Local Consent Calendar, except SB 258, having received the requisite constitutional majority, were passed. SB 258, having received the requisite constitutional majority, was passed as amended. Senator Reed of the 35th introduced the doctor of the day, Dr. Jada Bussey-Jones. SENATE RULES CALENDAR TUESDAY, MARCH 17, 2009 THIRTY-FIRST LEGISLATIVE DAY HB 59 Sales and use tax; controlled substances and dangerous drugs; certain exemptions; provide (FIN-21st) O`Neal-146th HB 427 Enterprise zone; certain criteria for pervasive property; provide (ECD-51st) Stephens-164th HR 279 State of Georgia property; certain counties; nonexclusive easements; authorize (SI&P-25th) Barnard-166th 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 59. By Representatives O`Neal of the 146th, Cole of the 125th, Pruett of the 144th, Golick of the 34th and Harden of the 147th: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for certain exemptions from sales and use taxes on those controlled substances and dangerous drugs, as defined by Code Section 16-13-1, lawfully dispensable by prescription for the treatment of natural persons which are either sold or are distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; to provide for certain exemptions from sales and use taxes on controlled substances and dangerous drugs, lawfully dispensed without charge for the purposes of a clinical trial approved by an institutional review board which has been accredited by the Association for the Accreditation of Human Research Protection Programs; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. 2238 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 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 29, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 59 (LC 18 7782-EC) Dear Chairman O'Neal: This bill would provide a sales and use tax exemption for zero-cost pharmaceutical samples given to patients and medications used in clinical trials. This bill ratifies the Executive Order of the Governor dated August 29, 2008, which suspended any sales or use tax collection applied to those controlled substances and dangerous drugs, defined under O.C.G.A. 16-13-1, lawfully dispensable by prescription to natural persons which are dispensed without charge for treatment or in a clinical trial approved by an institutional review board accredited by the Association for the Accreditation of Human Research Protection Programs from September 1, 2008, until June 30, 2009. The Georgia State University Fiscal Research Center (FRC) provided the following narrative on the revenue impact of this bill: Total retail sales for prescriptions filled at pharmacies in 2007 are collected from the Henry J. Kaiser Family Foundation's state health facts. Prescriptions filled are defined as both new prescriptions and refills of both name brand and generic drugs. However, the data does exclude mail-order retail sales, which amounts to $53.11 billion for the United TUESDAY, MARCH 17, 2009 2239 States. Georgia's retail sales for prescriptions are 3.03 percent of U.S. retail sales excluding mail-orders. FRC estimates Georgia's total retail sales including mail-orders assuming that Georgia continues to maintain 3.03 percent of total U.S. retail sales. Using this assumption, Georgia's estimated total retail sales of prescriptions filled including mail-orders for 2007 is $7.74 billion. It is likely that zero-cost samples and medications used in drug trials are a small portion of the total retail sales in the pharmaceutical industry; therefore, it is assumed that they comprise about 1 percent of pharmaceutical retail sales. Based on these assumptions, Georgia's 2007 tax revenue loss would be $3.10 million and local governments would incur a revenue loss of $2.33 million for a combined revenue loss of $5.43 million. This is based on an average local sales tax rate of 3%. Georgia's Department of Revenue audited 17 major manufacturers and found a combined state and local revenue loss of $5.3 million, $4.4 million from zero-cost samples and $0.9 million from medications used in clinical trials. Because the Department of Revenue's audit results are so close to the 1 percent estimate, the audit results are used to estimate the revenue loss for 2009 through 2012. The National Association of Chain Drug Stores reports that total prescription retail sales increased 3.5 percent between 2006 and 2007 (including mail-orders). Georgia's expected tax revenue loss is estimated assuming that zero-cost samples and medications used in clinical trials will follow similar growth patterns as prescription retail sales and increase 3.5 percent each year. Georgia's tax revenue loss is broken down into the expected loss from free samples given to patients and medications given in clinical trials. This division of the estimate is based on the Department of Revenue's audit data. The combined state and local expected tax revenue loss in 2009 is $5.7 million and increases to $6.3 million in 2012. Using the Department of Revenue's audit results, the state and local tax revenue losses can be calculated by applying the appropriate tax rate of 4 and 3 percent, respectively. At the state level, the tax revenue loss ranges from $3.3 million in 2009 increasing to $3.7 million in 2012. The estimated tax revenue loss at the local government level is $2.4 million in 2009 increasing to $2.7 million in 2012. Rx Category Samples Clinical Trials Georgia Sales and Use Tax Revenue Loss 2009 2010 2011 $4,722,502 $4,892,512 $5,068,643 $965,966 $1,000,741 $1,036,768 2012 $5,251,114 $1,074,092 Government State Local Total $3,250,553 $2,437,915 $5,688,468 $3,367,573 $2,525,680 $5,893,253 $3,488,806 $2,616,605 $6,105,411 $3,614,403 $2,710,803 $6,325,206 It should be noted that, in general, pharmaceutical companies have been unaware of their obligation to pay use tax on the drugs covered under this legislation. Thus, the revenue loss is potential revenue that has not been collected historically in Georgia. 2240 JOURNAL OF THE SENATE 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 Brown Buckner Y Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 0. HB 59, having received the requisite constitutional majority, was passed. Senator Crosby of the 13th recognized the 2009 Georgia Cotton Queens, commended by SR 449, adopted previously. Senator Chance of the 16th was excused for business outside the Senate Chamber. The Calendar was resumed. TUESDAY, MARCH 17, 2009 2241 HB 427. By Representatives Stephens of the 164th, Willard of the 49th, Williams of the 165th, Hill of the 180th, Gordon of the 162nd and others: A BILL to be entitled an Act to amend Code Section 36-88-6, relating to criteria for an enterprise zone, so as to provide for certain criteria for pervasive property; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Pearson of the 51st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby Y Douglas 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 Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Seabaugh Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 39, nays 9. HB 427, having received the requisite constitutional majority, was passed. HR 279. By Representative Barnard of the 166th: A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, 2242 JOURNAL OF THE SENATE over, under, upon, across, or through property owned by the State of Georgia in Candler, Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia; 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 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 Buckner Y Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby Y Douglas 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Williams (PRS) On the adoption of the resolution, the yeas were 49, nays 0. HR 279, having received the requisite constitutional majority, was adopted. Senator Hill of the 4th recognized the 275th anniversary of the arrival of the first Salzburgers in Georgia, honoring the Georgia Salzburger Society, commended by SR 573, adopted previously. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, March 18, 2009. The motion prevailed, and Senator Tommie Williams, President Pro Tempore, announced the Senate adjourned at 11:31 a.m. WEDNESDAY, MARCH 18, 2009 2243 Senate Chamber, Atlanta, Georgia Wednesday, March 18, 2009 Thirty-second Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Tommie Williams, President Pro Tempore. 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 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 709. 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 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 711. By Representative Morris of the 155th: A BILL to be entitled an Act to create a board of elections and registration for Toombs County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for procedures; to provide for appointment of a chief election official; to provide for meetings; to provide for employment of full-time and part-time employees; to provide for compensation of board members and employees of the board; to provide for expenditure of public funds for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. 2244 JOURNAL OF THE SENATE HB 712. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th: A BILL to be entitled an Act to authorize the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 713. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th: A BILL to be entitled an Act to authorize the governing authority of the City of Perry to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 191. By Senator Henson of the 41st: A BILL to be entitled an Act to provide a new charter for the City of Stone Mountain; 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 repeal a specific Act; to provide for a referendum; to provide for effective dates; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 266. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Kingsland 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 WEDNESDAY, MARCH 18, 2009 2245 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 267. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Woodbine 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. SB 268. By Senator Chapman of the 3rd: A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for ante litem notice; to provide for notices and hearings to be conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 269. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from Brantley County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2246 JOURNAL OF THE SENATE SB 270. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 605. By Senator Pearson of the 51st: A RESOLUTION requesting that the United States Congress avoid wasteful, unnecessary, and unwise projects; and for other purposes. Referred to the Rules Committee. SR 613. By Senators Pearson of the 51st and Douglas of the 17th: A RESOLUTION recognizing the Georgia Appalachian Center for Higher Education at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Center for Higher Education; and for other purposes. Referred to the Higher Education Committee. SR 615. By Senators Mullis of the 53rd, Pearson of the 51st, Murphy of the 27th, Douglas of the 17th and Thomas of the 54th: A RESOLUTION creating the Senate Georgia State Fire Services Study Committee; and for other purposes. Referred to the Public Safety Committee. The following House legislation was read the first time and referred to committee: HB 709. 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 WEDNESDAY, MARCH 18, 2009 2247 as to reconstitute the governing authority of the city; to provide for council districts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 711. By Representative Morris of the 155th: A BILL to be entitled an Act to create a board of elections and registration for Toombs County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for procedures; to provide for appointment of a chief election official; to provide for meetings; to provide for employment of full-time and part-time employees; to provide for compensation of board members and employees of the board; to provide for expenditure of public funds for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 712. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th: A BILL to be entitled an Act to authorize the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 713. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th: A BILL to be entitled an Act to authorize the governing authority of the City of Perry to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2248 JOURNAL OF THE SENATE 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 46 HB 116 HB 121 Do Pass Do Pass Do Pass HB 481 Do Pass by substitute HB 482 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: SR 476 SR 505 Do Pass Do Pass by substitute Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 305 Do Pass HB 330 Do Pass HB 412 Do Pass HB 550 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: WEDNESDAY, MARCH 18, 2009 2249 HB 57 HB 396 HB 607 Do Pass by substitute Do Pass by substitute 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 399 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Health and Human Services 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: HB 71 Do Pass by substitute 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 170 Do Pass by substitute HB 226 Do Pass Respectfully submitted, Senator Grant of the 25th District, Chairman The following legislation was read the second time: HB 283 HB 308 2250 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Thompson of the 33rd Unterman of the 45th 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. The roll was called and the following Senators answered to their names: Adelman Brown Buckner Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Weber Wiles Not answering were Senators: Balfour Hill, Judson (Excused) Williams (Presiding) Bulloch Thompson, S. (Excused) Fort (Excused) Unterman (Excused) The members pledged allegiance to the flag. Senator Murphy of the 27th introduced the chaplain of the day, Reverend Bill Britt of Atlanta, Georgia, who offered scripture reading and prayer. The President assumed the Chair. Senator Heath of the 31st asked unanimous consent to recognize the 49th birthday of Senator Seabaugh of the 28th. Senator Chance of the 16th objected. WEDNESDAY, MARCH 18, 2009 2251 On the motion, the yeas were 16, nays 15, the motion prevailed, and Senator Seabaugh's 49th birthday was recognized. Senator Stoner of the 6th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR WEDNESDAY, MARCH 18, 2009 THIRTY-SECOND LEGISLATIVE DAY HB 157 Lottery shortfall reserve subaccounts; revise trigger reductions in HOPE; provisions (H ED-29th) Harbin-118th HB 80 Insurance contracts; corporations; employees covered; change minimum number (I&L-27th) Maxwell-17th HB 202 Retirement and pensions; computing contributions and benefits; define certain terms (RET-31st) Maxwell-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: HB 157. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the lottery shortfall reserve subaccounts, so as to revise the amounts in the lottery accounts that trigger reductions in HOPE scholarship program benefits; to provide a definition; 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 Balfour N Brown Y Hawkins Y Heath N Henson Y Rogers Seabaugh Seay 2252 JOURNAL OF THE SENATE Y Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas 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 2. HB 157, having received the requisite constitutional majority, was passed. Senator Tate of the 38th introduced the Honorable Shirley Franklin, Mayor of the City of Atlanta, commended by SR 575, adopted previously. The Honorable Shirley Franklin addressed the Senate briefly. The following resolutions were read and adopted: SR 603. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Fritz Stepat; and for other purposes. SR 604. By Senators Rogers of the 21st, Wiles of the 37th and Pearson of the 51st: A RESOLUTION recognizing and commending David Cano; and for other purposes. SR 606. By Senators Sims of the 12th, Brown of the 26th, Adelman of the 42nd, Thompson of the 33rd, Hooks of the 14th and others: A RESOLUTION recognizing and commending Honorable Mark Taylor; and for other purposes. WEDNESDAY, MARCH 18, 2009 2253 SR 607. By Senators Seay of the 34th, Sims of the 12th, Buckner of the 44th, Tate of the 38th, Butler of the 55th and others: A RESOLUTION commending Suzanne Sitherwood upon being recognized by the Women's Legislative Caucus; and for other purposes. SR 608. By Senators Seay of the 34th, Sims of the 12th, Buckner of the 44th, Tate of the 38th, Butler of the 55th and others: A RESOLUTION commending Sylvia Russell upon being recognized by the Women's Legislative Caucus; and for other purposes. SR 609. By Senators Tarver of the 22nd, Powell of the 23rd and Jackson of the 24th: A RESOLUTION recognizing and commending the Hope House and its Jerry Carrier Benefit Concert; and for other purposes. SR 610. By Senators Chapman of the 3rd, Rogers of the 21st and Seabaugh of the 28th: A RESOLUTION recognizing and commending Mr. Michael Doyle; and for other purposes. SR 611. By Senators Chapman of the 3rd, Rogers of the 21st and Seabaugh of the 28th: A RESOLUTION recognizing and commending Mr. T.C. "Tom" Kahler; and for other purposes. SR 612. By Senator Chapman of the 3rd: A RESOLUTION recognizing and commending the Honorable William T. Ligon, Jr., on the occasion of his retirement; and for other purposes. SR 614. By Senators Jackson of the 24th, Cowsert of the 46th, Goggans of the 7th and Chance of the 16th: A RESOLUTION recognizing and commending the Columbia County Chamber of Commerce; and for other purposes. SR 616. By Senator Jones of the 10th: A RESOLUTION recognizing and commending Mrs. Jerelean D. "Jeri" Thornton on the occasion of her retirement; and for other purposes. 2254 JOURNAL OF THE SENATE SR 617. By Senators Crosby of the 13th, Bulloch of the 11th, Sims of the 12th, Jones of the 10th, Hooks of the 14th and others: A RESOLUTION recognizing and commending Miss Lindsey Marie Mann, 2009 Georgia Watermelon Queen; and for other purposes. SR 618. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending the Peanut Proud Day Expo; and for other purposes. Senator Hill of the 4th introduced the doctor of the day, Dr. Sam Featherston. The Calendar was resumed. HB 80. By Representatives Maxwell of the 17th, Keen of the 179th, Meadows of the 5th, Smith of the 131st, Hembree of the 67th and others: 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 report of the committee, which was favorable to the passage of the bill, was agreed 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 Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas WEDNESDAY, MARCH 18, 2009 Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Harp Y Moody Y Mullis Y Murphy Orrock Y Pearson Powell Y Ramsey Y Reed Y 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 80, 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 Joint Legislative Ethics Economic Development 2255 The State Senate Atlanta, Georgia 30334 March 18, 2009 Please record my vote in favor of HB 80. /s/ Seth Harp Senator Shafer of the 48th recognized March, 2009, as American Red Cross Month at the state capitol, commended by SR 601, adopted previously. Walter Arms addressed the Senate briefly. Senator Johnson of the 1st introduced Corporal Curtis Wright, commended by SR 410, adopted previously. Corporal Curtis Wright addressed the Senate briefly. The Calendar was resumed. 2256 JOURNAL OF THE SENATE HB 202. By Representatives Maxwell of the 17th, Meadows of the 5th, Golick of the 34th and Benton of the 31st: 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 define certain terms; to provide for a maximum compensation to be used for computing contributions and benefits; to remove a requirement that an application for certain creditable service be made within a certain period; to provide for the payment of benefits; to provide for rollover of certain funds; to provide for a limit on benefits; to provide for application of service credits; to provide for the holding of pension funds in trust; to provide for a normal retirement age; to provide for vesting; to ratify certain prior changes to public retirement plans; to provide for related changes in public retirement law to comply with federal law and regulations; 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 12, 2009 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 202 (LC 21 0317S) Dear Representative Maxwell: This substitute bill would amend general provisions within Title 47 of the Official Code of Georgia Annotated relative to all public retirement systems. This legislation is WEDNESDAY, MARCH 18, 2009 2257 intended to ensure that provisions in Title 47 are in compliance with requirements outlined in the Federal Internal Revenue Code. Specifically, this legislation would: x Authorize the boards of all public retirement systems operating under Title 47 of O.C.G.A. to adopt any rules which are required to meet the necessary federal compliance standards; x Provide clear definitions of the compensation limitation described in the Internal Revenue Code which is used to determine benefits. Currently, the limitation outlined by the Internal Revenue Code is $200,000 each year, except for grandfathered employees; x Require all systems to comply with mandatory distribution requirements that are included in the Internal Revenue Code; x Clarify provisions relating to rollovers from public retirement systems to other qualified plans; and x Revise language relating to maximum benefits payable to ensure that the language is consistent with the Internal Revenue Code. Additionally, this legislation would amend provisions under the Employees' Retirement System, the Public School Employees Retirement System, the Legislative Retirement System, the Georgia Defined Contribution Plan, and the Judicial Retirement System. Provisions relating to these retirement systems would be amended to ensure that the language included in the respective Code Sections complies with the changes to be made in the General Provisions. If this legislation is enacted, the provisions of this bill would become effective upon its approval by the Governor or upon its becoming law without such approval. This is to certify that this substitute bill 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 Buckner Y Bulloch Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims 2258 JOURNAL OF THE SENATE Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas 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 202, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, March 19, 2009. The motion prevailed, and the President announced the Senate adjourned at 11:36 a.m. THURSDAY, MARCH 19, 2009 2259 Senate Chamber, Atlanta, Georgia Thursday, March 19, 2009 Thirty-third Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Tommie Williams, President Pro Tempore. 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 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 720. By Representative Smith of the 129th: A BILL to be entitled an Act to authorize the City of West Point 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 722. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Sinkfield of the 60th: A BILL to be entitled an Act to authorize the governing authority of Clayton County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 723. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th: A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved 2260 JOURNAL OF THE SENATE HB 724. HB 725. HB 726. HB 728. March 23, 1993 (Ga. L. 1993, p. 4180), as amended, so as to revise certain term limitations on members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Austin of the 10th and Harden of the 28th: A BILL to be entitled an Act to reincorporate and provide a new charter for the Town of Alto, Georgia; to provide for the corporate limits of the town, the powers of the town, and the form and method of government of the town; to provide for a town manager; to provide for the administration of town affairs; to provide for the municipal court of the town; to provide for elections for town offices; to provide for taxation by the town; to provide for financial management of the town; to provide for the financial and fiscal affairs of the town; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for related matters; to provide for specific repeal; to repeal conflicting laws; and for other purposes. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved March 1, 2004 (Ga. L. 2004, p. 3512), so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; 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. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), so as to again reapportion or redistrict such districts; 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. By Representative Channell of the 116th: A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, THURSDAY, MARCH 19, 2009 2261 p. 3223), so as to change the reimbursement of members of the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 437. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment and compensation of a clerk of the magistrate court; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 154. By Senators Harp of the 29th, Hamrick of the 30th and Seabaugh of the 28th: A BILL to be entitled an Act to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4254), so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 80. By Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Tolleson of the 20th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious 2262 JOURNAL OF THE SENATE to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; 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 271. By Senators Mullis of the 53rd and Thomas of the 54th: 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 272. By Senator Brown of the 26th: A BILL to be entitled an Act to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, so as to provide that a utility that recovers from its customers the costs of financing associated with the construction of a nuclear generating plant shall provide such customers with certain information regarding certain charges to them relating to the recovery of such costs; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SR 619. By Senators Jackson of the 2nd and Tolleson of the 20th: A RESOLUTION requesting that the Environmental Protection Division lead efforts to evaluate the appropriate deficit from natural for dissolved oxygen in the Savannah Harbor to allow for protection of aquatic species and the economic viability of the region; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 621. By Senator Rogers of the 21st: A RESOLUTION requesting the President of the United States, Barack Obama, to select Mr. Thomas J. Harrold, Jr., to serve as the United States THURSDAY, MARCH 19, 2009 2263 Ambassador to Germany; and for other purposes. Referred to the Rules Committee. SR 622. By Senator Rogers of the 21st: A RESOLUTION creating the Senate Dangerous Dogs Study Committee; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SR 626. By Senators Douglas of the 17th, Harp of the 29th, Williams of the 19th, Thomas of the 54th, Hudgens of the 47th and others: A RESOLUTION expressing opposition to requiring private health insurers to pay for the treatment of veterans' service connected injuries and disabilities; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SR 627. By Senators Douglas of the 17th, Harp of the 29th, Murphy of the 27th, Rogers of the 21st and Staton of the 18th: A RESOLUTION to create the Senate Study Committee on the Merger of Georgia Technical and Two-year Colleges; and for other purposes. Referred to the Higher Education Committee. SR 628. By Senator Hudgens of the 47th: A RESOLUTION creating the Senate Study Committee on Health Care Provider Rental Network Contract Arrangements; and for other purposes. Referred to the Insurance and Labor Committee. The following House legislation was read the first time and referred to committee: HB 720. By Representative Smith of the 129th: A BILL to be entitled an Act to authorize the City of West Point 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 2264 JOURNAL OF THE SENATE 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 722. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Sinkfield of the 60th: A BILL to be entitled an Act to authorize the governing authority of Clayton County to levy an excise tax pursuant to subsection (b) of Code Section 48-1351 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 723. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th: A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved March 23, 1993 (Ga. L. 1993, p. 4180), as amended, so as to revise certain term limitations on members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 724. By Representatives Austin of the 10th and Harden of the 28th: A BILL to be entitled an Act to reincorporate and provide a new charter for the Town of Alto, Georgia; to provide for the corporate limits of the town, the powers of the town, and the form and method of government of the town; to provide for a town manager; to provide for the administration of town affairs; to provide for the municipal court of the town; to provide for elections for town offices; to provide for taxation by the town; to provide for financial management of the town; to provide for the financial and fiscal affairs of the town; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for related matters; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 725. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd: A BILL to be entitled an Act to amend an Act relating to the board of THURSDAY, MARCH 19, 2009 2265 commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved March 1, 2004 (Ga. L. 2004, p. 3512), so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; 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. Referred to the State and Local Governmental Operations Committee. HB 726. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), so as to again reapportion or redistrict such districts; 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. Referred to the State and Local Governmental Operations Committee. HB 728. By Representative Channell of the 116th: A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to change the reimbursement of members of the authority; 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: HB 126 HB 141 HB 312 Do Pass by substitute Do Pass Do Pass by substitute 2266 JOURNAL OF THE SENATE 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 149 HB 300 HB 555 Do Pass Do Pass Do Pass Respectfully submitted, Senator Weber of the 40th 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 108 Do Pass HB 228 Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th 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 93 Do Pass HB 301 Do Pass HB 311 Do Pass HB 484 Do Pass Respectfully submitted, Senator Harp of the 29th District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the THURSDAY, MARCH 19, 2009 2267 following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 68 HB 302 HB 473 Do Pass by substitute Do Pass 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 instructed me to report the same back to the Senate with the following recommendation: HB 172 HB 452 HB 477 Do Pass 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 98 HB 434 HB 449 HB 496 HB 553 HB 564 HB 577 HB 588 HB 589 HB 590 HB 592 Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 594 HB 596 HB 670 HB 685 HB 687 HB 688 HB 689 SB 264 SB 265 SR 522 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Hawkins of the 49th District, Chairman 2268 JOURNAL OF THE SENATE 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 440 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 46 HB 57 HB 71 HB 116 HB 121 HB 170 HB 226 HB 305 HB 330 HB 396 HB 412 HB 481 HB 482 HB 550 HB 607 SR 476 SR 505 Senator Ramsey of the 43rd was excused for business outside the Senate Chamber. Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused. The roll was called and the following Senators answered to their names: Adelman Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Unterman Wiles Not answering were Senators: THURSDAY, MARCH 19, 2009 2269 Balfour Reed (Excused) Weber Fort Thompson, S. Williams (Presiding) Ramsey (Excused) Tolleson Senator Fort was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag. Senator Hill of the 32nd introduced the chaplain of the day, Pastor Larry Arnold of Atlanta, Georgia, who offered scripture reading and prayer. The President assumed the Chair. Senator Tolleson of the 20th introduced the doctor of the day, Dr. Rebecca Tarlton. The following resolutions were read and adopted: SR 620. By Senator Thomas of the 54th: A RESOLUTION recognizing Advancement Via Individual Determination (AVID) and declaring Wednesday, March 25, 2009, AVID Day at the state capitol; and for other purposes. SR 623. By Senator Chance of the 16th: A RESOLUTION recognizing and commending James Douglas Rose; and for other purposes. SR 624. By Senators Seay of the 34th and Buckner of the 44th: A RESOLUTION recognizing and commending Mrs. Ruth F. Ash; and for other purposes. SR 625. By Senator Adelman of the 42nd: A RESOLUTION recognizing and commending Mr. Stanley S. Jones, Jr., on the occasion of his 60th birthday; and for other purposes. Senator Hawkins of the 49th introduced Tommy Aaron, commended by SR 597, adopted previously. Tommy Aaron addressed the Senate briefly. Senator Hill of the 4th recognized the Effingham County High School wrestling team on 2270 JOURNAL OF THE SENATE winning the 2009 Class AAAA State Championship, commended by SR 590, adopted previously. Head Coach Chris Hardin addressed the Senate briefly. Senator Johnson of the 1st recognized the life and memory of music icon John Herndon Mercer on the occasion of the centennial year of his birth, commended by SR 66, adopted previously. Dianne S. Thurmond, Chair, Johnny Mercer Centennial, addressed the Senate briefly. Nancy Mercer Gerard, niece of Johnny Mercer, addressed the Senate briefly. Senator Hudgens of the 47th asked unanimous consent that the following bill be withdrawn from the Senate Finance Committee and committed to the Senate Insurance and Labor Committee: HB 581. By Representatives Coan of the 101st, May of the 111th, Horne of the 71st, Marin of the 96th, Reese of the 98th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 581 was committed to the Senate Insurance and Labor Committee. Senator Mullis of the 53rd asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Economic Development Committee: HB 492. By Representatives Neal of the 1st, Scott of the 2nd, Hill of the 180th, Stephens of the 164th and Hudson of the 124th: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 19, 2009 2271 The consent was granted, and HB 492 was committed to the Senate Economic Development Committee. The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Weber of the 40th 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 19, 2009 Thirty-third Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 264 Grant of the 25th MAGISTRATE COURT OF JASPER COUNTY A BILL to be entitled an Act to amend an Act to make provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984, p. 3785), as amended, so as to provide that the clerk of the Superior Court of Jasper County shall serve as the clerk of the magistrate court; to provide for the appointment of a clerk of the magistrate court in the event that the clerk of superior court chooses not serve as such clerk; to provide for the compensation of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 265 Grant of the 25th CITY OF MILLEDGEVILLE AND BALDWIN COUNTY PUBLIC FACILITIES AUTHORITY A BILL to be entitled an Act to create the Public Facilities Authority of the City of Milledgeville and Baldwin County; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their sale, and use of proceeds from such sales; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 2272 HB 98 HB 496 HB 564 JOURNAL OF THE SENATE Cowsert of the 46th Hudgens of the 47th ATHENS-CLARKE COUNTY INDUSTRIAL AUTHORITY 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 (Ga. L. 1992, p. 6556), and an Act approved June 3, 2003 (Ga. L. 2003, p. 4250), so as to provide for membership on the Athens-Clarke County Industrial Development Authority; 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 the creation of one or more community improvement districts in the City of Woodstock; 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 an effective date; to repeal conflicting laws; and for other purposes. Hudgens of the 47th CITY OF NICHOLSON A BILL to be entitled an Act to provide a new charter for the City of Nicholson; 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 an effective date; to repeal conflicting laws; and for other purposes. HB 577 HB 588 HB 589 HB 590 HB 592 THURSDAY, MARCH 19, 2009 2273 Johnson of the 1st BRYAN COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, so as to provide for compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Goggans of the 7th CITY OF BROXTON A BILL to be entitled an Act to amend an Act providing a new charter for the City of Broxton, Georgia, located in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th CITY OF PEARSON A BILL to be entitled an Act to amend an Act to reincorporate the City of Pearson in the County of Atkinson, approved March 29, 1971 (Ga. L. 1971, p. 2266), as amended, so as to revise the method of filling vacancies; to provide for submission 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. Goggans of the 7th CITY OF AMBROSE A BILL to be entitled an Act to amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, so as to revise the method of filling vacancies; to provide for election dates; to provide for terms of office; to provide for an oath of office; to provide for meetings; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th TOWN OF NICHOLLS A BILL to be entitled an Act to amend an Act to provide and establish a new charter for the Town of Nicholls, in the County of 2274 HB 594 HB 596 HB 670 JOURNAL OF THE SENATE Coffee, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to revise the manner of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th CITY OF WILLACOOCHEE A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3941), so as to revise the method of filling vacancies; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Rogers of the 21st CITY OF WOODSTOCK A BILL to be entitled an Act to authorize the governing authority of the City of Woodstock to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Butterworth of the 50th CLAYTON-RABUN COUNTY WATER AND SEWER AUTHORITY A BILL to be entitled an Act to amend an Act creating the ClaytonRabun County Water and Sewer Authority, approved April 17, 1992 (Ga. L. 1992, p. 6403), so as to provide for membership for such authority; to provide for certain residential requirements to qualify for such membership; to provide for terms; to provide for a procedure for selecting a chairman and vice chairman for such authority; to provide that a unanimous vote is required to approve certain issues; to provide for certain preconditions in order to authorize certain projects; to provide for ownership of certain projects; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 685 HB 687 HB 688 HB 689 THURSDAY, MARCH 19, 2009 2275 Harp of the 29th MANCHESTER PUBLIC UTILITIES AUTHORITY A BILL to be entitled an Act to create the Manchester Public Utilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings and contract payments of the authority for the payment of such revenue bonds; to provide an effective date; to repeal conflicting laws; and for other purposes. Jones of the 10th Douglas of the 17th Buckner of the 44th HENRY COUNTY A BILL to be entitled an Act to amend an Act providing for the Henry County Board of Elections and Registration, approved May 3, 2006 (Ga. L. 2006, p. 4062), so as to provide for terms for the membership of such board; to provide for the location of such board; to provide for related matters; to repeal conflicting laws; and for other purposes. Jones of the 10th Douglas of the 17th Buckner of the 44th MAGISTRATE COURT OF HENRY COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Henry County," approved March 10, 1988 (Ga. L. 1988, p. 3849), as amended, so as to provide for the election and qualification of the chief magistrate of Henry County; to provide for the appointment and qualification of magistrates other than the chief magistrate; to provide for applicability; to repeal conflicting laws; and for other purposes. Jones of the 10th Douglas of the 17th Buckner of the 44th STATE COURT OF HENRY COUNTY 2276 JOURNAL OF THE SENATE A BILL to be entitled an Act to amend an Act creating the State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, so as to provide that the solicitor-general of such court and his or her investigators shall have arrest powers and law enforcement authority; to provide for conditions; 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 requires a two-thirds roll-call vote for passage: HB 434 Cowsert of the 46th Hudgens of the 47th ATHENS-CLARKE COUNTY A BILL to be entitled an Act to amend an Act providing for homestead exemptions from certain Unified Government of AthensClarke County ad valorem taxes for Unified Government purposes and certain Clarke County school district ad valorem taxes for educational purposes approved April 13, 1992 (Ga. L. 1992, p. 6241), so as to change the definition of homestead for purposes of such exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 449 Cowsert of the 46th Hudgens of the 47th CLARKE COUNTY A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Clarke County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 65 years of age or older approved April 25, 2002 (Ga. L. 2002, p. 5009), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. THURSDAY, MARCH 19, 2009 2277 On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E 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. Senator Hooks of the 14th assumed the Chair. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR THURSDAY, MARCH 19, 2009 THIRTY-THIRD LEGISLATIVE DAY HB 210 Georgia Judicial Retirement System; employer contributions; clarify (RET-27th) Meadows-5th HB 229 Student Health and Physical Education Act; enact (ED&Y-54th) Coleman-97th HB 343 Public Safety, Department of; civilian weight inspectors for motor carriers; create (PUB SAF-53rd) Collins-27th 2278 JOURNAL OF THE SENATE HB 436 State government; Georgia Technology Authority; develop certain plans and reports; authorize (S&T-18th) Parsons-42nd 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 210. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to clarify who shall pay the employer contributions for certain members; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. 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 December 30, 2008 The Honorable Howard Maxwell State Representative Coverdell Legislative Office Building, Room 613-D Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 210 (LC 21 0023) THURSDAY, MARCH 19, 2009 2279 Dear Representative Maxwell: This bill would amend provisions relating to membership in the Georgia Judicial Retirement System. Specifically, this bill would clarify that persons who are members as a result of their employment with the Office of Legislative Counsel or the Attorney General's Office shall be subject to the same provisions applicable to solicitors-general of the state court. This legislation also clarifies that the employer contributions paid on behalf of such members shall be paid by the respective employers of the members. This is to certify that this bill 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Cowsert Y Crosby 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 Hooks (PRS) Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams 2280 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 0. HB 210, having received the requisite constitutional majority, was passed. Senator Adelman of the 42nd was excused for business outside the Senate Chamber. HB 229. By Representatives Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Kaiser of the 59th, Ashe of the 56th 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 an annual fitness assessment and to comply with state physical education instruction requirements; to provide for reporting of results; to provide for an annual report to the Governor; to provide for a recognition program; 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: E Adelman Y Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth N Chance N Chapman N Cowsert N Crosby N Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens N Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey E Reed Rogers E Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber N Wiles Y Williams THURSDAY, MARCH 19, 2009 2281 On the passage of the bill, the yeas were 34, nays 14. HB 229, having received the requisite constitutional majority, was passed. Senator Stoner of the 6th was excused for business outside the Senate Chamber. HB 343. By Representatives Collins of the 27th, Chambers of the 81st, Martin of the 47th, Hamilton of the 23rd, Day of the 163rd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create civilian weight inspectors for motor carriers; to provide for powers and duties; to provide for restrictions of power; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hooks (PRS) Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas 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 50, nays 0. 2282 JOURNAL OF THE SENATE HB 343, having received the requisite constitutional majority, was passed. HB 436. By Representative Parsons of the 42nd: 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 provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Staton of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hooks (PRS) Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams THURSDAY, MARCH 19, 2009 2283 On the passage of the bill, the yeas were 48, nays 0. HB 436, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 80. By Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Tolleson of the 20th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods and ingredients of food processing plants for the presence of poisonous or deleterious substances or other contaminants; to provide for food safety plans; to provide for reports and records; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, is amended in Code Section 26-2-22, relating to prohibited acts, by adding a new paragraph to read as follows: "(5.1) The failure to comply with testing, reporting, or record-keeping requirements 2284 JOURNAL OF THE SENATE provided by or pursuant to Code Section 26-2-27.1;" SECTION 2. Said article is further amended by adding a new Code section to read as follows: "26-2-27.1. (a) As used in this Code section, the term 'food processing plant' means a commercial operation that manufactures food for human consumption and does not provide food directly to a consumer from that location. Such term shall not include a commercial operation that produces raw agricultural commodities and whose end product remains a raw agricultural product. (b)(1)(A) In order to protect the public health, safety, and welfare and ensure compliance with this article, the Commissioner shall by rule or regulation establish requirements for regular testing of samples or specimens of foods and ingredients by food processing plants for the presence of poisonous or deleterious substances or other contaminants rendering such foods or ingredients injurious to health. Such rules or regulations shall identify the specific classes or types of food processing plants, foods, ingredients, and poisonous or deleterious substances or other contaminants that shall be subject to such testing requirements and the frequency with which such tests shall be performed by food processing plants. (B) The Commissioner shall also promulgate rules and regulations establishing minimum standards and requirements for a written food safety plan, such as a hazard analysis critical control point plan, that may be submitted by an operator of a food processing plant to document and describe the procedures used at such plant to prevent the presence of hazards such as poisonous or deleterious substances or other contaminants that would render finished foods or finished ingredients as manufactured at such plant injurious to health, including preventive controls, monitoring to ensure the effectiveness of such controls, and records of corrective actions, including actions taken in response to the presence of known hazards. If an operator of a food processing plant, in its discretion, submits to the department a written food safety plan for such plant and such plan conforms to rules and regulations promulgated for purposes of this subparagraph, then such food processing plant shall comply with the requirements of such written food safety plan, including but not limited to any test regimen provided by such plan, in lieu of complying with a test regimen established by rules or regulations promulgated by the Commissioner pursuant to subparagraph (A) of this paragraph. (2) In addition to any regular tests required pursuant to paragraph (1) of this subsection, the Commissioner may order any food processing plant to have samples or specimens of its foods and ingredients tested for the presence of any poisonous or deleterious substances or other contaminants whenever in his or her determination there are reasonable grounds to suspect that such foods or ingredients may be injurious to health. (c) Any food processing plant subject to any testing requirements pursuant to this Code section shall cause such required tests to be performed in accordance with testing THURSDAY, MARCH 19, 2009 2285 standards and procedures established by rules and regulations of the Commissioner. Testing standards and procedures established by the Commissioner under this paragraph shall be consistent with standards presented in the federal Food and Drug Administration's Bacterial Analytical Manual and standards developed by the Association of Analytical Communities International, International Organization for Standardization, or another internationally recognized certification body. (d) A food processing plant shall be responsible for the cost of any testing required pursuant to this Code section and may conduct such testing either internally or via a third party, provided that subsection (c) of this Code section applies in either case. (e) Whenever any person or firm that operates a food processing plant in this state obtains information from testing of samples or specimens of finished foods or finished food ingredients as manufactured at such food processing plant which, based on a confirmed positive test result, indicates the presence of a substance that would cause a manufactured food bearing or containing the same to be adulterated within the meaning of paragraph (1) of Code Section 26-2-26, such person or firm shall report such test result to the department within 24 hours after obtaining such information. (f) Records of the results of any tests required pursuant to this Code section shall be kept by a food processing plant and made available to the department for inspection for a period of not less than two years from the date the results were reported by the laboratory. (g) This Code section shall not apply to any food processing plant operating under a federal grant of inspection from the United States Department of Agriculture Food Safety and Inspection Service." SECTION 3. Said article is further amended by revising Code Section 26-2-36, relating to right of entry in food establishments and transport vehicles and examination of samples obtained, as follows: "26-2-36. (a) The Commissioner or his duly authorized agent shall have free access during all hours of operation and at all other reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce and any vehicle being used to transport or hold such foods to commerce for the purposes: (1) Of inspecting such factory, warehouse, establishment, or vehicle, any records of pathogen destruction, and any records of testing of samples or specimens of foods or ingredients for the presence of poisonous or deleterious substances or other contaminants and the results thereof as may be required pursuant to Code Section 262-27.1, to determine if any of the provisions of this article are being violated; and (2) Of securing samples or specimens of any food, after paying or offering to pay for such sample. (b) It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under subsection (a) of this Code section to determine whether or 2286 JOURNAL OF THE SENATE not this article is being violated." 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 Bulloch of the 11th moved that the Senate agree to the House substitute to SB 80. On the motion, a roll call was taken and the vote was as follows: E Adelman Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas 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 80. The following communication was received by the Secretary: Senator Gail Buckner District 44 313-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Education and Youth Government Oversight Interstate Cooperation State Institutions and Property Urban Affairs THURSDAY, MARCH 19, 2009 2287 The State Senate Atlanta, Georgia 30334 MEMORANDUM DATE: 19 March 2009 TO: Bob Ewing Secretary of the Senate FROM: Senator Gail Buckner, 44th On Thursday, March 19, 2009, I was called off the Senate Floor and missed the vote for Senate Bill 80. I wish to be recorded as voting "YES" on Senate Bill 80. Thank you. /s/ Gail Buckner, 44th The following resolution was read and adopted: SR 629. By Senators Williams of the 19th, Rogers of the 21st, Brown of the 26th and Golden of the 8th: A RESOLUTION recognizing and expressing gratitude and best wishes to Mildred Slayton; and for other purposes. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Friday, March 20, 2009. The motion prevailed, and Senator Hooks of the 14th announced the Senate adjourned at 11:57 a.m. 2288 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, March 20, 2009 Thirty-fourth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Tommie Williams, President Pro Tempore. 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 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 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. HB 718. By Representatives Willard of the 49th, Lindsey of the 54th, Bruce of the 64th, Wilkinson of the 52nd, Geisinger of the 48th and others: A BILL to be entitled an Act to amend an Act relating to the compensation and salary supplements of the judges of the superior court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to provide for certain employment benefits to be made available by Fulton County to said judges as a part of their compensation and salary supplement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 721. By Representative Keown of the 173rd: A BILL to be entitled an Act to provide a new charter for the Town of FRIDAY, MARCH 20, 2009 2289 HB 735. HB 737. HB 741. Ochlocknee; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to provide that citizens of Ware County shall have the right to address or speak to the commissioners on official actions or other topics relating to the business of the board of commissioners at meetings of the board of commissioners by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Houston of the 170th, Powell of the 171st and Rynders of the 152nd: A BILL to be entitled an Act to provide a new charter for the City of Norman Park in Colquitt County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Jackson of the 142nd: A BILL to be entitled an Act to create the Washington 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 of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for 2290 JOURNAL OF THE SENATE HB 743. HB 744. HB 745. charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; 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. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Jordan of the 77th: A BILL to be entitled an Act to amend an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), so as to revise provisions relating to the ethics commission; to provide for removal of commission members for failure to carry out duties or attend meetings; to provide that the commission shall have the exclusive authority to punish ethical violations by members of the school board; to provide for a budget for the commission; to authorize the commission to adopt a seal; to change provisions relating to procedures and evidentiary rules and standards in proceedings of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Dukes of the 150th: A BILL to be entitled an Act to create a board of elections and registration for Baker County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4409), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 20, 2009 2291 HB 746. By Representative Walker of the 107th: A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett, approved March 24, 1988 (Ga. L. 1988, p. 4827), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4657), so as to change the terms of the mayor and city councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 747. By Representative Pruett of the 144th: A BILL to be entitled an Act to repeal an Act authorizing the employment of a certified accountant to audit all county books annually for the county of Bleckley, approved August 16, 1915 (Ga. L. 1915, p. 158), as amended; 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 76. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to repeal Code Section 34-9-135; to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, so as to remove certain references; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 79. SB 110. By Senators Harp of the 29th, Unterman of the 45th, Williams of the 19th, Hamrick of the 30th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to define a certain term; to provide for access by certain governmental entities and certain persons to records concerning reports of child abuse; to provide that certain records relating to a child fatality or near fatality shall not be confidential; to repeal conflicting laws; and for other purposes. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 27-3-63 of the Official 2292 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to general offenses and penalties relative to trapping, trappers, and fur dealers, so as to provide an exception to a prohibition against trapping wildlife upon the rights of way of public roads or highways; to repeal conflicting laws; and for other purposes. SB 111. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide for restrictions on hunting certain animals with lights; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 273. By Senator Brown of the 26th: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions of law applicable to the Governor, so as to provide that it shall be unlawful and a violation of oath of office for the Governor-elect or Governor to engage in seeking or accepting campaign contributions; to provide an exception for purposes of retiring campaign debt; to restrict the making or accepting of certain contributions for retiring campaign debt; to prohibit the acceptance of certain gifts; to provide for violations; to provide for enforcement by the State Ethics Commission; to provide for related matters; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 274. By Senator Harp of the 29th: A BILL to be entitled an Act to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4593), so as to provide that municipal court judges shall be elected on a nonpartisan basis; to increase the jurisdiction of the court in certain cases; 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. FRIDAY, MARCH 20, 2009 2293 SR 632. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Wiles of the 37th, Mullis of the 53rd and others: A RESOLUTION affirming states' rights based on Jeffersonian principles; and for other purposes. Referred to the Rules Committee. SR 635. By Senators Henson of the 41st and Tate of the 38th: A RESOLUTION creating the Senate Study Committee on Georgia Health Disparities for Asian and Pacific Islander Americans; and for other purposes. Referred to the Health and Human Services Committee. SR 637. By Senator Brown of the 26th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the Governor shall serve a six-year term of office and shall not be eligible to succeed himself or herself; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Ethics Committee. The following House legislation was read the first time and referred to committee: HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. Referred to the Appropriations Committee. HB 718. By Representatives Willard of the 49th, Lindsey of the 54th, Bruce of the 64th, Wilkinson of the 52nd, Geisinger of the 48th and others: A BILL to be entitled an Act to amend an Act relating to the compensation and salary supplements of the judges of the superior court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to provide for certain employment benefits to be made available by Fulton County to said judges as a part of their compensation and salary supplement; to provide for related 2294 JOURNAL OF THE SENATE matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 721. By Representative Keown of the 173rd: A BILL to be entitled an Act to provide a new charter for the Town of Ochlocknee; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 735. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to provide that citizens of Ware County shall have the right to address or speak to the commissioners on official actions or other topics relating to the business of the board of commissioners at meetings of the board of commissioners by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 737. By Representatives Houston of the 170th, Powell of the 171st and Rynders of the 152nd: A BILL to be entitled an Act to provide a new charter for the City of Norman Park in Colquitt County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, FRIDAY, MARCH 20, 2009 2295 quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 741. By Representative Jackson of the 142nd: A BILL to be entitled an Act to create the Washington 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 of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; 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 743. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Jordan of the 77th: A BILL to be entitled an Act to amend an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), so as to revise provisions relating to the ethics commission; to provide for removal of commission members for failure to carry out duties or attend meetings; to provide that the commission shall have the exclusive authority to punish ethical violations by members of the school board; to provide for a budget for the commission; to authorize the commission to adopt a seal; to change provisions relating to procedures and evidentiary rules and standards in proceedings of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 744. By Representative Dukes of the 150th: A BILL to be entitled an Act to create a board of elections and registration for Baker County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and 2296 JOURNAL OF THE SENATE for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 745. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4409), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 746. By Representative Walker of the 107th: A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett, approved March 24, 1988 (Ga. L. 1988, p. 4827), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4657), so as to change the terms of the mayor and city councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 747. By Representative Pruett of the 144th: A BILL to be entitled an Act to repeal an Act authorizing the employment of a certified accountant to audit all county books annually for the county of Bleckley, approved August 16, 1915 (Ga. L. 1915, p. 158), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: FRIDAY, MARCH 20, 2009 2297 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 481 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Finance Committee from the General Calendar. Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 86 HB 156 HB 227 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Johnson of the 1st 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 74 HB 129 HB 181 HB 318 HB 334 Do Pass Do Pass Do Pass Do Pass by substitute Do Pass HB 335 HB 395 HB 441 HB 444 HB 481 Do Pass Do Pass Do Pass by substitute Do Pass Do Pass by substitute 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: 2298 JOURNAL OF THE SENATE HB 60 Do Pass HB 237 Do Pass HB 368 Do Pass SR 399 Do Pass by substitute Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 410 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 248 HB 326 HR 338 Do Pass by substitute Do Pass Do Pass SR 579 Do Pass SR 589 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 160 HB 306 SR 615 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman FRIDAY, MARCH 20, 2009 2299 The following legislation was read the second time: HB 68 HB 93 HB 108 HB 126 HB 141 HB 149 HB 172 HB 228 HB 300 HB 301 HB 302 HB 311 HB 312 HB 440 HB 452 HB 473 HB 477 HB 484 HB 553 HB 555 SR 522 The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Thompson of the 33rd Brown of the 26th Tolleson of the 20th Buckner of the 44th The roll was called and the following Senators answered to their names: Bulloch Butler Butterworth Chance Cowsert Crosby Douglas Goggans Golden Grant Harbison Harp Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Unterman Weber Wiles Not answering were Senators: Adelman (Excused) Buckner (Excused) Hamrick Ramsey Williams (Presiding) Balfour Chapman Hawkins Thompson, S. (Excused) Brown (Excused) Fort Jackson, W. Tolleson (Excused) Senator Hawkins 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. 2300 JOURNAL OF THE SENATE Senator Unterman of the 45th introduced the chaplain of the day, Rabbi Michael Lipschutz of Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 630. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the Hephzibah High School participants of the 2008-2009 Youth Leadership Richmond County program; and for other purposes. SR 631. By Senator Jackson of the 24th: A RESOLUTION recognizing and commending the Greater Columbia County Republican Women; and for other purposes. SR 633. By Senator Adelman of the 42nd: A RESOLUTION congratulating the Renfroe Middle School climate change project participants for winning first place at the Georgia Conservancy 2009 Youth Environmental Symposium; and for other purposes. SR 634. By Senator Adelman of the 42nd: A RESOLUTION congratulating the Druid Hills High School Fall Fest project participants for winning second place at the Georgia Conservancy 2009 Youth Environmental Symposium; and for other purposes. SR 636. By Senator Brown of the 26th: A RESOLUTION recognizing March 25, 2009, as Omega Psi Phi Fraternity, Inc., Day at the state capitol; and for other purposes. SR 638. By Senators Ramsey, Sr. of the 43rd, Douglas of the 17th, Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending Dr. Samuel T. King; and for other purposes. SR 639. By Senators Hill of the 32nd, Johnson of the 1st, Mullis of the 53rd, Stoner of the 6th, Butler of the 55th and others: A RESOLUTION recognizing and commending Mr. Steven Levetan on being FRIDAY, MARCH 20, 2009 2301 named the Senator Steve Reynolds Man of the Year by Keep Georgia Beautiful and the Georgia Department of Community Affairs; and for other purposes. SR 640. By Senator Seabaugh of the 28th: A RESOLUTION recognizing and commending the Newnan Southern Stars "Super Stars" Cheer Team on winning the 2009 Cheersport National Championship in the Special Needs II Division; and for other purposes. Senator Seabaugh of the 28th recognized the Newnan Southern Stars "Super Stars" Cheer Team on winning the 2009 Cheersport National Championship in the Special Needs II Division, commended by SR 640, adopted previously. Senator Douglas of the 17th recognized Georgia's National Guard troops and declared March 5, 2009, as National Guard Day at the state capitol, commended by SR 602, adopted previously. Major General Terry Nesbitt addressed the Senate briefly. Senator Mullis of the 53rd asked unanimous consent that the following bill be withdrawn from the Senate State Institutions and Property Committee and committed to the Senate Public Safety Committee: HB 464. By Representatives Reece of the 11th, Hill of the 21st, Jerguson of the 22nd, Greene of the 149th, Stephens of the 164th 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 modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 464 was committed to the Senate Public Safety Committee. Senator Douglas of the 17th asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Veterans, Military and Homeland Security Committee: HB 674. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 16-12-60, relating to 2302 JOURNAL OF THE SENATE regulation of bingo games operated by nonprofit organizations, so as to remove the limits on the amounts of prizes which may be awarded in such games; to provide for an effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 674 was committed to the Senate Veterans, Military and Homeland Security Committee. Senator Hill of the 32nd introduced the doctors of the day, Dr. John Heller and Dr. Edd Thomas. Senator Fort of the 39th was excused for business outside the Senate Chamber. Senator Staton of the 18th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused. SENATE RULES CALENDAR FRIDAY, MARCH 20, 2009 THIRTY-FOURTH LEGISLATIVE DAY HB 71 False identification documents; manufacturing, selling, or distributing; provisions (Substitute)(S JUDY-37th) Day-163rd HB 100 Education; student scholarship organizations; provisions (FIN-1st) Ehrhart-36th HB 226 Probation detention centers; sentencing and confinement; change provisions (SI&P-25th) Cheokas-134th HB 330 Workers' compensation; decisions of administrative law judge and appellate division; change certain provisions (I&L-47th) Coan-101st HB 550 Insurance; mutual life insurer; additional method of payment; provide (I&L-47th) Meadows-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: HB 71. By Representative Day of the 163rd: A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official FRIDAY, MARCH 20, 2009 2303 Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The Senate Special Judiciary Committee offered the following substitute to HB 71: A BILL TO BE ENTITLED AN ACT To amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; 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 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, is amended by revising subsection (g) as follows: "(g) It shall not be a defense to a violation of this Code section that a false, fictitious, fraudulent, or altered identification document contained words indicating that it is not an identification document unless there appears on the front and back of such document the word 'novelty' which is in a color which is not transparent on the design of the document, is in block letters not less than 40 point type in size, and is indelible ink." SECTION 2. This Act shall become effective on October 1, 2009, and shall apply to offenses committed on or after such 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. 2304 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Balfour E Brown Y Buckner Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas E 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 Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 0. HB 71, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Goggans of the 7th Tarver of the 22nd Senator Ramsey of the 43rd asked unanimous consent that he be excused from voting on HB 100 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Ramsey was excused. Senator Reed of the 35th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused. HB 100. By Representatives Ehrhart of the 36th, Casas of the 103rd, Lunsford of the 110th and Lindsey of the 54th: A BILL to be entitled an Act to amend Title 20 and Title 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 FRIDAY, MARCH 20, 2009 2305 educational improvement and student scholarship organizations; to change certain definitions; to change certain requirements regarding operation and taxation of student scholarship organizations; to provide for criminal penalties regarding student scholarship organization requirements; to revise and change certain provisions regarding the qualified education income tax credit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Johnson of the 1st. Senators Orrock of the 36th, Tate of the 38th and Butler of the 55th offered the following amendment #1: Amend HB 100 by striking on line 198, "The" and restoring the word "No"; restoring on line 198 the phrase "with respect to"; and on line 199, strike "without regard to whether" and "was" Senator Harp of the 29th moved the previous question. The President called for unanimous consent. There was no objection and the previous question was ordered. On the adoption of the amendment, the President called for unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, Senator Orrock of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows: E Adelman Balfour E Brown Y Buckner N Bulloch Y Butler N Butterworth N Chance N Chapman N Cowsert N Crosby N Douglas N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Jackson,L N Jackson,W N Johnson Y Jones N Moody N Rogers N Seabaugh E Seay N Shafer Y Sims N Smith N Staton Y Stoner E Tarver Y Tate N Thomas Y Thompson,C 2306 JOURNAL OF THE SENATE Y Fort E Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Mullis N Murphy Y Orrock N Pearson Y Powell E Ramsey Y Reed Y Thompson,S E Tolleson N Unterman N Weber N Wiles Williams (PRS) On the adoption of the amendment, the yeas were 16, nays 31, and the Orrock et al. amendment #1 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 E Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort E Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey N Reed Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith Y Staton N Stoner E Tarver N Tate Y Thomas Y Thompson,C N Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 35, nays 12. HB 100, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: FRIDAY, MARCH 20, 2009 2307 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 The State Senate Atlanta, Georgia 30334 March 20, 2009 To: Secretary of the Senate From: Nan Grogan Orrock Please record my vote today on HB 100 as a NO as I mistakenly pushed the wrong button when casting my vote. Thank you, /s/ Nan Orrock HB 226. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Black of the 174th, Sellier of the 136th and others: A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; 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: 2308 JOURNAL OF THE SENATE E Adelman Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 0. HB 226, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st was excused for business outside the Senate Chamber. HB 330. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Knox of the 24th, Marin of the 96th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to service of decisions of an administrative law judge and decisions of the appellate division; to provide that an employee's waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation; to provide that final settlement payments are to be paid by the employer to a person or corporation appointed by the superior court in certain circumstances; 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. FRIDAY, MARCH 20, 2009 2309 On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 0. HB 330, having received the requisite constitutional majority, was passed. HB 550. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hudgens of the 47th. Senator Harp of the 29th moved that HB 550 be placed on the Table. Senator Seabaugh of the 28th objected. On the motion the yeas were 10, nays 22; the motion lost, and HB 550 was not placed on the Table. 2310 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: E Adelman Balfour E Brown N Buckner N Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert N Crosby Y Douglas N Fort Y Goggans N Golden Y Grant N Hamrick N Harbison N Harp Y Hawkins Y Heath N Henson Y Hill,Jack Hill,Judson N Hooks Y Hudgens N Jackson,L N Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed On the passage of the bill, the yeas were 23, nays 26. Y Rogers Y Seabaugh E Seay Y Shafer N Sims Y Smith N Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) HB 550, having failed to receive the requisite constitutional majority, was lost. Senator Hudgens of the 47th gave notice that at the proper time he would move that the Senate reconsider its action on HB 550. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 565 until 10:00 a.m. Monday, March 23, 2009; the motion prevailed, and at 12:30 p.m. Senator Tommie Williams, President Pro Tempore, announced the Senate adjourned. MONDAY, MARCH 23, 2009 2311 Senate Chamber, Atlanta, Georgia Monday, March 23, 2009 Thirty-fifth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Thompson of the 5th Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. Senator Hudgens of the 47th moved that the Senate reconsider its action in defeating the following bill. HB 550. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hudgens of the 47th. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort Goggans Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas E Thompson,C Y Thompson,S Y Tolleson 2312 JOURNAL OF THE SENATE E Golden Y Grant Hamrick Harbison Y Harp Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 49, nays 1; the motion prevailed, and HB 550 was reconsidered and placed on the General Calendar. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 646. By Representatives James of the 135th and Harden of the 147th: A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to establish and charge a law library fee pursuant to Article 5 of Chapter 10 of Title 15 of the O.C.G.A.; to provide that funds shall be used for the maintenance of the Dooly County law library; to provide that funds collected shall be remitted to the county treasury; to repeal conflicting laws; and for other purposes. HB 714. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4727) and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), so as to change the terms of the mayor and city councilmembers; to provide that the mayor and councilmembers shall be elected by a plurality; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 23, 2009 2313 HB 715. HB 730. HB 734. HB 748. HB 749. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th: A BILL to be entitled an Act to authorize the governing authority of the City of Norcross to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Davis of the 109th, Mayo of the 91st, Mosby of the 90th, Lunsford of the 110th and Baker of the 78th: A BILL to be entitled an Act to amend an Act amending an Act providing a new board of commissioners of Henry County, approved March 19, 1987 (Ga. L. 1987, p. 4464), so as to repeal a certain provision requiring board members to resign if standing for election to other public office; to provide that such provision should not be a part of an Act approved March 28, 1974 (Ga. L. 1974, p. 3680), to repeal conflicting laws; and for other purposes. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to provide that citizens of the City of Waycross shall have the right to address or speak to the city commissioners on official actions or other topics relating to the business of the city commission at meetings of the city commission by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the city commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Battles of the 15th: A BILL to be entitled an Act to authorize the governing authority of the City of Cartersville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the Montgomery 2314 JOURNAL OF THE SENATE HB 751. HB 752. HB 753. HB 754. County Board of Commissioners, approved February 27, 1953 (Ga. L. 1953, p. 2740), so as to provide that such board shall meet at a certain time and date monthly; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to provide for staggered terms for members of the board of education; to provide for continuation in office of certain members; to provide for election and terms of office for subsequent members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to reduce the number of councilmembers; to change the manner and method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Maddox of the 127th: A BILL to be entitled an Act to provide for a homestead exemption from Pike County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Parrish of the 156th, Morris of the 155th and Jackson of the 142nd: A BILL to be entitled an Act to amend an Act to incorporate the Town of Oak Park, in the County of Emanuel, approved July 18, 1929 (Ga. L. 1929, p. 1241), as amended, so as to provide for a municipal court; to provide for MONDAY, MARCH 23, 2009 2315 HB 755. HB 757. HB 762. HB 764. a judge of such court; to provide for the jurisdiction, functions, practices, procedures, duties, and responsibilities of such court; to provide for the right of certiorari; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to provide for commissioner districts; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the election of the chairperson from the county at large; 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 provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), and by an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. By Representative Scott of the 2nd: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), and an Act approved April 7, 2004 (Ga. L. 2004, p. 3535), so as to provide that the members of the board of commissioners elected to represent Commissioner Districts 1 through 4 shall be required to reside in their respective districts but shall be elected by all of the electors of Dade County; to provide for a referendum; to provide for preclearance pursuant to Section 5 of the Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Millar of the 79th, Oliver of the 83rd, Drenner of the 86th, Mitchell of the 88th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend an Act entitled the "Unincorporated 2316 JOURNAL OF THE SENATE DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), an Act approved April 1, 2005 (Ga. L. 2005, p. 3507), and an Act approved May 18, 2007 (Ga. L. 2007, p. 4064), so as to provide a definition for the governing authority of the City of Dunwoody; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 43. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to boll weevil eradication, so as to change certain provisions relating to definitions; to change certain provisions relating to the assessment for suppression and eradication programs and conditions of assessments; to change certain provisions relating to penalties; to repeal conflicting laws; and for other purposes. SB 177. By Senators Heath of the 31st and Murphy of the 27th: 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 appellate court judges who become members of the Employees' Retirement System of Georgia, persons who become members of the Georgia Legislative Retirement System, and persons who become members of the Georgia Judicial Retirement System on or after July 1, 2009, shall not be entitled to certain group term life insurance benefits; to repeal conflicting laws; and for other purposes. SB 193. By Senators Grant of the 25th, Williams of the 19th, Hill of the 4th, Golden of the 8th, Seay of the 34th and others: A BILL to be entitled an Act to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to authorize the Department of Corrections to consider certain offenders for participation in a transitional center or work release program during the offender's final year of incarceration, to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 23, 2009 2317 The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 333. By Senators Powell of the 23rd, Tolleson of the 20th, Tarver of the 22nd, Jackson of the 24th, Hudgens of the 47th and others: A RESOLUTION honoring the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 275. By Senators Jackson of the 24th, Hudgens of the 47th, Cowsert of the 46th and Goggans of the 7th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Municipal Court Clerks' Retirement Fund of Georgia; to define certain terms; to create the Board of Commissioners of the Municipal Court Clerks' Retirement Fund of Georgia; to provide for membership, appointment, and terms; to provide for powers and duties; to provide for audits; to provide for participation in the fund; to provide for membership dues; to provide for the payment of a portion of certain fines and forfeitures into the fund; to provide for retirement benefits; to provide for surviving spouses' benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 276. By Senators Fort of the 39th and Reed of the 35th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 12 of the O.C.G.A., relating to air quality, so as to provide collective emissions limitations for facilities emitting pentachlorophenol near primary and secondary schools; to provide for legislative findings; to provide for penalties for noncompliance with such emissions limitations; to provide that compliance shall not alter the obligation to comply with other laws or regulations; to provide a definition of the term "pentachlorophenol"; to provide for powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. 2318 JOURNAL OF THE SENATE SB 277. By Senator Harp of the 29th: A BILL to be entitled an Act to provide that the chief magistrate of the Magistrate Court of Troup County shall be a full-time position; to provide for the compensation and qualifications for such chief magistrate; to repeal a certain local Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 641. By Senator Unterman of the 45th: A RESOLUTION creating a Senate Study Committee on Roosevelt Warm Springs Institute for Rehabilitation; and for other purposes. Referred to the Health and Human Services Committee. SR 642. By Senator Unterman of the 45th: A RESOLUTION creating the Senate Study Committee on Consolidation of Services for Crime Victims; and for other purposes. Referred to the Health and Human Services Committee. SR 649. By Senator Buckner of the 44th: A RESOLUTION urging educational agencies, associations, boards, and commissions involved in the accreditation process for school systems in grades kindergarten through 12 to adopt policies and procedures that permit an opportunity for school systems to submit necessary documentation; and for other purposes. Referred to the Education and Youth Committee. SR 654. By Senators Tate of the 38th, Mullis of the 53rd, Butler of the 55th, Fort of the 39th, Grant of the 25th and others: A RESOLUTION creating the Senate Study Committee on Legislative Solutions for the Safe Use of Cellular Telephones In Motor Vehicles; and for other purposes. Referred to the Public Safety Committee. MONDAY, MARCH 23, 2009 2319 The following House legislation was read the first time and referred to committee: HB 646. By Representatives James of the 135th and Harden of the 147th: A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to establish and charge a law library fee pursuant to Article 5 of Chapter 10 of Title 15 of the O.C.G.A.; to provide that funds shall be used for the maintenance of the Dooly County law library; to provide that funds collected shall be remitted to the county treasury; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 714. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4727) and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), so as to change the terms of the mayor and city councilmembers; to provide that the mayor and councilmembers shall be elected by a plurality; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 715. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th: A BILL to be entitled an Act to authorize the governing authority of the City of Norcross to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 730. By Representatives Davis of the 109th, Mayo of the 91st, Mosby of the 90th, Lunsford of the 110th and Baker of the 78th: A BILL to be entitled an Act to amend an Act amending an Act providing a new board of commissioners of Henry County, approved March 19, 1987 (Ga. L. 1987, p. 4464), so as to repeal a certain provision requiring board members to resign if standing for election to other public office; to provide that such 2320 JOURNAL OF THE SENATE provision should not be a part of an Act approved March 28, 1974 (Ga. L. 1974, p. 3680), to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 734. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to provide that citizens of the City of Waycross shall have the right to address or speak to the city commissioners on official actions or other topics relating to the business of the city commission at meetings of the city commission by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the city commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 748. By Representative Battles of the 15th: A BILL to be entitled an Act to authorize the governing authority of the City of Cartersville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 749. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the Montgomery County Board of Commissioners, approved February 27, 1953 (Ga. L. 1953, p. 2740), so as to provide that such board shall meet at a certain time and date monthly; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 751. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act providing for the continued MONDAY, MARCH 23, 2009 2321 existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to provide for staggered terms for members of the board of education; to provide for continuation in office of certain members; to provide for election and terms of office for subsequent members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 752. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to reduce the number of councilmembers; to change the manner and method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 753. By Representative Maddox of the 127th: A BILL to be entitled an Act to provide for a homestead exemption from Pike 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 754. By Representatives Parrish of the 156th, Morris of the 155th and Jackson of the 142nd: A BILL to be entitled an Act to amend an Act to incorporate the Town of Oak Park, in the County of Emanuel, approved July 18, 1929 (Ga. L. 1929, p. 1241), as amended, so as to provide for a municipal court; to provide for a judge of such court; to provide for the jurisdiction, functions, practices, procedures, duties, and responsibilities of such court; to provide for the right of certiorari; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2322 JOURNAL OF THE SENATE HB 755. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to provide for commissioner districts; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the election of the chairperson from the county at large; 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 provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 757. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), and by an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 762. By Representative Scott of the 2nd: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), and an Act approved April 7, 2004 (Ga. L. 2004, p. 3535), so as to provide that the members of the board of commissioners elected to represent Commissioner Districts 1 through 4 shall be required to reside in their respective districts but shall be elected by all of the electors of Dade County; to provide for a referendum; to provide for preclearance pursuant to 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 764. By Representatives Millar of the 79th, Oliver of the 83rd, Drenner of the 86th, Mitchell of the 88th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend an Act entitled the "Unincorporated MONDAY, MARCH 23, 2009 2323 DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), an Act approved April 1, 2005 (Ga. L. 2005, p. 3507), and an Act approved May 18, 2007 (Ga. L. 2007, p. 4064), so as to provide a definition for the governing authority of the City of Dunwoody; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for the adoption of a dissolution resolution; 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 68 Pursuant to Senate Rule 2-1.10 (b), referred by the Senate Rules Committee to the Senate Regulated Industries and Utilities Committee from the General Calendar. Respectfully submitted, Senator Hamrick of the 30th District, Vice-Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 319 HB 322 HB 633 HB 701 SB 261 Do Pass Do Pass Do Pass Do Pass Do Pass SB 266 SB 267 SB 268 SB 269 SB 270 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: 2324 JOURNAL OF THE SENATE HB 60 HB 74 HB 86 HB 129 HB 156 HB 160 HB 181 HB 227 HB 237 HB 248 HB 306 HB 318 HB 326 HB 334 HB 335 HB 368 HB 395 HB 410 HB 441 HB 444 HR 338 SR 579 SR 589 SR 615 Senator Mullis of the 53rd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused. Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Fort Goggans Golden Grant Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Douglas (Excused) Thompson, C. (Excused) Hamrick (Excused) Harbison The members pledged allegiance to the flag. Senator Bulloch of the 11th introduced the chaplain of the day, Commissioner and former Senator Mike Beatty and Amanda Beatty Sorrow of Atlanta, Georgia, who offered scripture reading and prayer. Senator Orrock of the 36th introduced the doctor of the day, Dr. Todd Vermeer. MONDAY, MARCH 23, 2009 2325 The following resolutions were read and adopted: SR 643. By Senator Orrock of the 36th: A RESOLUTION recognizing and commending Mr. Charles T. Huddleston and the Georgia Metros Girls Basketball Club; and for other purposes. SR 644. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the Butler High School participants of the 2008-2009 Youth Leadership Richmond County program; and for other purposes. SR 645. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the Westside High School participants of the 2008-2009 Youth Leadership Richmond County program; and for other purposes. SR 646. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the Glenn Hills High School participant of the 2008-2009 Youth Leadership Richmond County program; and for other purposes. SR 647. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the Hephzibah High School participants of the 2008-2009 Youth Leadership Richmond County program; and for other purposes. SR 648. By Senators Pearson of the 51st, Mullis of the 53rd, Thomas of the 54th, Hawkins of the 49th, Butterworth of the 50th and others: A RESOLUTION honoring the life and memory of Mrs. Mary Ellen Childree; and for other purposes. SR 650. By Senators Butterworth of the 50th, Williams of the 19th, Rogers of the 21st, Thomas of the 54th, Unterman of the 45th and others: A RESOLUTION commending Prevent Child Abuse Habersham and recognizing April, 2009, as Prevent Child Abuse Awareness Month at the state capitol; and for other purposes. 2326 JOURNAL OF THE SENATE SR 651. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Mt. Bethel Elementary School; and for other purposes. SR 652. By Senator Hill of the 32nd: A RESOLUTION congratulating the Wheeler High School boys basketball team on winning the 2009 Class AAAAA State Championship; and for other purposes. SR 653. By Senators Hill of the 32nd and Stoner of the 6th: A RESOLUTION congratulating the Whitefield Academy Wolfpack basketball team on wining the 2009 Class A State Championship; and for other purposes. SR 655. By Senators Chance of the 16th, Douglas of the 17th and Rogers of the 21st: A RESOLUTION recognizing and commending HeroBox.org and its founder Ryan Housley; and for other purposes. SR 656. By Senator Moody of the 56th: A RESOUTION recognizing and commending Richard Neal Ruggles; and for other purposes. SR 657. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Daniel Edward LeClercq; and for other purposes SR 658. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Derek Mackley; and for other purposes. SR 659. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Adam Bycel Daniel; and for other purposes. SR 660. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Hayes Tolbert Wilkinson; and for other purposes. MONDAY, MARCH 23, 2009 2327 SR 661. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Ryan Paul Dekle; and for other purposes. SR 662. By Senator Moody of the 56th: A RESOLUTION recognizing and commending Grayson Coley Cotney; and for other purposes. The President recognized Congressman Phil Gingrey. Congressman Phil Gingrey addressed the Senate briefly. Senator Pearson of the 51st asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Economic Development Committee: HB 528. By Representatives McCall of the 30th and England of the 108th: 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 require developers to provide audits to homeowners in certain circumstances; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 528 was committed to the Senate Economic Development Committee. Senator Seabaugh of the 28th 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 Monday, March 23, 2009 Thirty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 319 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 2328 HB 322 HB 701 SB 268 JOURNAL OF THE SENATE 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. 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. Hooks of the 14th AMERICUS AND SUMTER COUNTY HOSPITAL AUTHORITY A BILL to be entitled an Act to establish a method of appointment for members of the board of the Americus and Sumter County Hospital Authority as authorized pursuant to subsection (d) of Code Section 31-7-72 of the O.C.G.A.; to provide for legislative intent; to provide for direct appointment of members to such authority by the governing bodies of Sumter County and the City of Americus; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Chapman of the 3rd BRUNSWICK-GLYNN COUNTY JOINT WATER AND SEWER COMMISSION A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for ante litem notice; to provide for notices and hearings to be conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to MONDAY, MARCH 23, 2009 2329 provide for an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following six local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: SB 261 Chapman of the 3rd CITY OF ST. MARY'S A BILL to be entitled an Act to provide for a homestead exemption from City of St. Mary's 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. SB 266 Chapman of the 3rd CITY OF KINGSLAND A BILL to be entitled an Act to provide for a homestead exemption from City of Kingsland 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. SB 267 Chapman of the 3rd CITY OF WOODBINE A BILL to be entitled an Act to provide for a homestead exemption from City of Woodbine 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 2330 SB 269 SB 270 HB 633 JOURNAL OF THE SENATE dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Chapman of the 3rd BRANTLEY COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Brantley County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Chapman of the 3rd BRANTLEY COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Shafer of the 48th Moody of the 56th CITY OF ALPHARETTA A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L.1999, p. 4836), as amended, so as to increase the exemption amount from $30,000.00 to $40,000.00 over a two-year phase-in period; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 23, 2009 2331 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 54, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd was excused for business outside the Senate Chamber. NOTICE OF MOTION TO RECONSIDER: HB 550 Insurance; mutual life insurer; additional method of payment; provide (I&L-47th) Meadows-5th HB 228 SENATE RULES CALENDAR MONDAY, MARCH 23, 2009 THIRTY-FIFTH LEGISLATIVE DAY State health and human services agencies; reorganize and reestablish; provisions (Substitute)(GvtO-45th) Butler-18th 2332 JOURNAL OF THE SENATE HR 206 Transportation Trust Fund; create - CA (Substitute)(FIN-53rd) Smith-129th HB 277 The Georgia 2020 Transportation Act; enact (Substitute)(FIN-53rd) Smith-129th Respectfully submitted, /s/ Hamrick of the 30th, Vice-Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Government Oversight Committee offers the following substitute to HB 228: A BILL TO BE ENTITLED AN ACT To amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to provide for a board for each agency; to reconstitute the Board of Community Health; to abolish the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to MONDAY, MARCH 23, 2009 2333 amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I Department of Health. SECTION 1-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising and redesignating Chapter 5A, relating to the Department of Community Health, and revising Chapter 2, relating to the Department of Human Resources, as follows: "CHAPTER 2 31-5A-1. 31-2-1. Given the growing concern and complexities of health issues in this state, it is the intent of the General Assembly to create a Department of Community Health dedicated to health issues. Recognizing that the manner in which health care is currently administered at the state level is fragmented and often unresponsive to health care issues, the new department is created for the following purposes The Department of Health shall safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to: (1) To serve Serve as the lead planning agency for all health issues in the state to remedy the current situation wherein the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies; (2) To permit Permit the state to maximize its purchasing power and to administer its operations in a manner so as to receive the maximum amount of federal financial participation available in expenditures of the department inasmuch as the state now has none of its health care purchasing coordinated; (3) To minimize Minimize duplication and maximize administrative efficiency in the state's health care systems by removing overlapping functions and streamlining uncoordinated programs; (4) To allow Allow the state to develop a better health care infrastructure that is more responsive to the consumers it serves while improving access to and coverage for health care; and (5) To focus Focus more attention and departmental procedures on the issue of wellness, including diet, exercise, and personal responsibility; (6) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; 2334 JOURNAL OF THE SENATE (7) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (8) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (9) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (10) Procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (11) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense, emergency preparedness, and emergency response; (12) Prevent, detect, and relieve physical defects and deformities; (13) Promote the prevention, early detection, and control of problems affecting the dental and oral health of the citizens of Georgia; (14) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (15) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (16) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; (17) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (18) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his or her inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests the services authorized in this paragraph, or the individual for whom the laboratory services authorized in this MONDAY, MARCH 23, 2009 2335 paragraph are performed, shall be responsible for payment of the service fees. As used in this paragraph, the term 'individual' means a natural person or his or her responsible health benefit policy or Title XVIII, XIX, or XXI of the federal Social Security Act of 1935. 31-5A-2. 31-2-2. Notwithstanding the provisions of Code Section 31-1-1, as As used in this chapter, the term: (1) 'Board' means the State Board of Community Health established under Code Section 31-5A-3 31-2-3. (2) 'Commissioner' means the commissioner of community health established under Code Section 31-5A-6 31-2-6. (3) 'Department' means the Department of Community Health established under Code Section 31-5A-4 31-2-4. (4) 'Department divisions' means the Division of Health Planning, Division of Medical Assistance, Division of Public Employee Health Benefits, and any other division of the department established by the board. (5) 'Division of Health Planning' means the Division of Health Planning established as such pursuant to paragraph (1) of subsection (b) of Code Section 31-5A-4. (6) 'Division of Medical Assistance' means the Division of Medical Assistance established as such pursuant to paragraph (2) of subsection (b) of Code Section 315A-4. (7) 'Division of Public Employee Health Benefits' means the Division of Public Employee Health Benefits established as such pursuant to paragraph (3) of subsection (b) of Code Section 31-5A-4. (8)(4) 'Predecessor agency or unit' means the State Personnel Board, solely with respect to actions regarding the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources. (9)(5) 'State health benefit plan' means the health insurance plan authorized under Article 1 of Chapter 18 of Title 45 and Part 6 of Article 17 of Chapter 2 of Title 20. (10)(6) 'State Personnel Board' means the board established under Article IV, Section III of the Constitution. 31-5A-3. 31-2-3. (a) There is created the State Board of Community Health, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Medical Assistance Community Health as they existed on June 30, 1999 2009, with regard to the Department of Medical Assistance, and the powers, functions, and duties of the State Personnel Board as they existed on June 30, 1999, with regard to the state health benefit plan, are transferred to the State Board of Community Health effective July 1, 1999 2336 JOURNAL OF THE SENATE 2009, and the Board of Community Health as it existed on June 30, 2009 shall be reconstituted as the Board of Health effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Board members in office on June 30, 2009, shall serve out the remainder of their respective terms and successors to these board seats shall be appointed in accordance with this Code section. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards. 31-5A-4. 31-2-4. (a)(1) The Department of Community Health is created and established to perform the functions and assume the duties and powers exercised on June 30, 1999 2009, by the State Personnel Board solely with respect to the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources, unless specifically transferred to the Department of Human Services, and such department, division, and office shall be reconstituted as the Department of Health effective July 1, 2009. The department shall also assume retain powers and responsibility with respect to the expenditure of any funds appropriated to the department including, without being limited to, funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies, State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, V19/246 (Fulton County Superior Court, December 9, 1998). (b) The divisions of the department shall be as follows: (1) The Health Planning Agency, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Health Planning within the department; MONDAY, MARCH 23, 2009 2337 (2) The Department of Medical Assistance, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Medical Assistance within the department; (3) The Health Benefit Services Division of the State Merit System of Personnel Administration, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Public Employee Health Benefits within the department; and (4) Such other divisions as the board may establish within the department. (c)(2) The executive director of the Health Planning Agency Division of Public Health in office on June 30, 1999 2009, the commissioner of medical assistance in office on June 30, 1999, and the director of the Health Benefit Services Division of the State Merit System of Personnel Administration Office of Regulatory Services in office on June 30, 1999 2009, shall become directors of the respective divisions division or office which those predecessor agencies or divisions units have become on and after July 1, 1999 2009, and until such time as the commissioner appoints other directors of such divisions or units. (d)(b)(1) There is created in the department the Office of Women's Health. Attached to the office shall be an 11 member advisory council. The members of the advisory council shall be appointed by the Governor and shall be representative of major public and private agencies and organizations in the state and shall be experienced in or have demonstrated particular interest in women's health issues. Each member shall be appointed for two years and until his or her successor is appointed. The members shall be eligible to succeed themselves. The council shall elect its chairperson from among the councilmembers for a term of two years. The Governor may name an honorary chairperson of the council. (2) The Office of Women's Health shall serve in an advisory capacity to the Governor, the General Assembly, the board, the department, and all other state agencies in matters relating to women's health. In particular, the office shall: (A) Raise awareness of women's nonreproductive health issues; (B) Inform and engage in prevention and education activities relating to women's nonreproductive health issues; (C) Serve as a clearing-house for women's health information for purposes of planning and coordination; (D) Issue reports of the office's activities and findings; and (E) Develop and distribute a state comprehensive plan to address women's health issues. (3) The Office of Women's Health shall have a full-time executive director appointed by the commissioner and shall be provided with staff personnel, office and meeting facilities, and other necessary items by the department. The council shall meet upon the call of its chairperson, the board, or the commissioner. (e)(c) The board of regents Board of Regents of the University System of Georgia is authorized to contract with the department for health benefits for members, employees, and retirees of the board of regents and the dependents of such members, employees, 2338 JOURNAL OF THE SENATE and retirees and for the administration of such health benefits. The department is also authorized to contract with the board of regents for such purposes. (f)(d) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician workforce issues; (3) Is authorized to convene at least quarterly a state agency coordinating committee comprised of the commissioners, directors, chairpersons, or their designees, of the following agencies involved in health related activities: the Department of Human Resources, including the Division of Public Health, the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, and the Division of Aging Services thereof, the Department of Juvenile Justice, the Department of Corrections, the Insurance Department, the State Merit System of Personnel Administration, the State Board of Workers' Compensation, and the Governor's Office of Planning and Budget. The board of regents may also designate a person to serve on the coordinating committee. The committee will convene for the purposes of planning and coordinating health issues that have interagency considerations. The commissioner of the department will serve as the chairperson of the state agency coordinating committee and will report to the Governor the activities, findings, and recommendations of the committee; (4) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state; (5) Shall study and recommend any additional functions needed to carry out the purposes of the department, including the creation of a consumer medical advocate. Such recommendations shall be made to the Governor and General Assembly by December 31, 1999; (6)(4) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities; (7)(5) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes; and (8)(6) Is authorized to award grants, as funds are available, to hospital authorities and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and 31-794.1.; (7) Shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such MONDAY, MARCH 23, 2009 2339 expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for such purposes of the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited. 31-5A-5. 31-2-5. (a) To assist in the transition of functions, until July 1, 2000, the State Merit System of Personnel Administration shall perform payroll, accounting, and purchasing services and other general support services on behalf of the Division of Public Employee Health Benefits. (b) All persons employed in a predecessor agency or unit on June 30, 1999 2009, shall, on July 1, 1999 2009, become employees of the department within the division which such predecessor agency has become. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 1999 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, 1999 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, 1999 2009. Accrued annual and sick leave possessed by said employees on June 30, 1999 2009, shall be retained by said employees as employees of the department. (c)(b)(1) The department shall conform to federal standards for a merit system of personnel administration in any respects necessary for receiving federal grants, and the board is authorized and empowered to effect such changes as may, from time to 2340 JOURNAL OF THE SENATE time, be necessary in order to comply with such standards. (2) The department is authorized to employ, on a full-time or part-time basis, such medical, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary. (3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules of the State Personnel Board. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. (d)(c) The department shall succeed to all rules, regulations, policies, procedures, and administrative orders of the predecessor agencies agency or unit which were in effect on June 30, 1999 2009, or scheduled to go into effect on or after July 1, 1999 2009, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. Rules of the department shall be adopted, promulgated, and implemented as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only the Division of Health Planning rules promulgated pursuant to Chapter 6 of this title shall be subject to the provisions of Code Section 316-21.1. (e)(d) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 1999 2009, by any predecessor agency or unit and which pertain to the functions transferred to the department by this chapter 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. In all such instances, the Department of Community Health shall be substituted for the predecessor agency or unit, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (e) On July 1, 2009, the department shall receive custody of the state owned real property in the custody of the predecessor agency or unit on June 30, 2009, and which pertains to the functions transferred to the department by this chapter. (f)(1) The Governor is authorized to transfer to the Division of Public Employee Health Benefits of the department, by executive order, employees of the State Merit System of Personnel Administration who were performing functions for the Health Benefit Services Division of that system on June 30, 1999, whether or not they were MONDAY, MARCH 23, 2009 2341 also performing functions other than functions for that division. Employees so transferred shall become employees of the Division of Public Employee Health Benefits of the department. (2) The commissioner is authorized to transfer department employees from one division to another division within the department. 31-5A-6. 31-2-6. (a) There is created the position of commissioner of community health. The commissioner shall be the chief administrative officer of the department and shall be subject to appointment and removal by the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (b) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department. 31-2-1. The Department of Human Resources is created and established to safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to: (1) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (2) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (3) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (4) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (5) Manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial purposes, when expressly authorized and shown on the minutes of the department; to procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (6) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense; 2342 JOURNAL OF THE SENATE (7) Detect and relieve physical defects and deformities and provide treatment for mental and emotional disorders and infirmities; (8) Promote the prevention, early detection, and control of problems affecting the dental health of the citizens of Georgia; (9) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (10) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (11) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; (12) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (13) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests services authorized in this Code section shall pay the fee. As used in this Code section, the term 'individual' means a natural person. 31-2-2. 31-2-7. The department is designated and empowered as the agency of this state to apply for, receive, and administer grants and donations for health purposes from the federal government and from any of its departments, agencies, and instrumentalities; from appropriations of the state; and from any other sources in conformity with law, including but not limited to Code Section 49-4-152. The department shall have the authority to prescribe the purposes for which such funds may be used in order to: (1) Provide, extend, and improve maternal and child health services; (2) Locate children already crippled disabled or suffering from conditions leading to crippling a disability and provide for such children medical, surgical, corrective, and other services and to provide for facilities for diagnosis, hospitalization, and aftercare; (3) Advance the prevention and control of cancer and of venereal, tubercular, and other diseases; MONDAY, MARCH 23, 2009 2343 (4) Forestall and correct conditions that, if left to run their course, could be injurious to health; (5) Conduct programs which lie within the scope and the power of the department relating to industrial hygiene, control of ionizing radiation, occupational health, water quality, water pollution control, and planning and development of water resources; (6) Administer grants-in-aid to assist in the construction of publicly owned and operated general and special medical facilities; (7) Conduct programs: (A) Relating to chronic illness; (B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and (C) Relating to the mental and physical health of the people of this state which are appropriate to the purpose of the department; and (8) Develop the health aspects of civil defense emergency preparedness and emergency response. When a plan is required to be approved by any department, agency, or instrumentality of the federal government as condition precedent to the making of grants for health purposes, the department, as agent of this state, is directed to formulate, submit, and secure approval of that plan and thereafter, upon its approval and the receipt of funds payable thereunder, to carry the plan into effect in accordance with its terms, applying thereto the funds so received as well as other applicable amounts from whatever source. 31-2-3. 31-2-8. The department, from time to time, shall make or cause to be made studies and surveys to determine the quality, scope, and reach of its programs. 31-2-4. 31-2-9. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations shall be adapted to the purposes intended, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department as follows: (1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact 2344 JOURNAL OF THE SENATE requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of facilities may only be approved by the State Board of Human Resources Health and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. This subsection shall not apply to rules adopted by the department pursuant to Code Section 31-6-21.1. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board. 31-2-5. 31-2-10. Actions at law and in equity against the department, the board, or any of its members predicated upon omissions or acts done in their official capacity or under color thereof shall be brought in the appropriate county; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent. 31-2-6. 31-2-11. (a) This Code section shall be applicable to any agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20; and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. MONDAY, MARCH 23, 2009 2345 (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has: (1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provisions provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provisions provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license, permit, registration, or commission for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not those sanctions are actually imposed; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d)(1) With respect to any facility classified as a nursing facility, nursing home, or 2346 JOURNAL OF THE SENATE intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which: (A) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B); or (B) Such facility has been served formal notice of intent to take such a sanction which the Department of Community Health department based on administrative review or any other appropriate body based on administrative or judicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department. (3) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended. (4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, nothing contained in said paragraphs (2) and (3) of this subsection shall be construed as requiring the state survey agency to act in violation of applicable federal law, regulations, and guidelines. (e) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (f) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein, and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (g) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during MONDAY, MARCH 23, 2009 2347 the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (h) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (i) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (j) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (k) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (l) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (m) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (n) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section. 31-2-7. 31-2-12. (a) As used in this Code section, the term: (1) 'Chamber system' means a system of chambers with each chamber being a molded polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall soil areas. Chambers may be of different sizes and configurations to obtain desired surface areas. (2) 'Conventional system' means a system traditionally used composed of perforated pipe surrounded by gravel or stone masking for the infiltration of effluent into 2348 JOURNAL OF THE SENATE adjoining bottom and side soil areas. (3) 'On-site sewage management system' means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. Such term shall include, without limitation, conventional and chamber septic tank systems, privies, and experimental and alternative on-site sewage management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department. (4) 'Prior approved system' means only a chamber system or conventional system or component of such system which is designed to be physically incapable of a surface discharge of effluent and which was properly approved pursuant to subparagraph (a)(2)(B) of this Code section, as such Code section became law on April 19, 1994, for use according to manufacturers' recommendations, prior to April 14, 1997. (5) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components. (b) The Department of Human Resources department shall have the authority as it deems necessary and proper to adopt state-wide regulations for on-site, sewage management systems, including but not limited to experimental and alternative systems. The department is authorized to require that any such on-site sewage management system be examined and approved prior to allowing the use of such system in the state; provided, however, that any prior approved system shall continue to be approved for installation in every county of the state pursuant to the manufacturer's recommendations, including sizing of no less than 50 percent of trench length of a conventional system designed for equal flows in similar soil conditions. Upon written request of one-half or more of the health districts in the state, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. (c)(1) This subsection shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county, municipality, or state agency may require any certified septic tank installer or certified septic tank pumper who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes. (2) In order to protect the public from damages arising from any work by a certified septic tank installer or certified septic tank pumper, which work fails to comply with any state construction codes or with the ordinances or building and construction codes MONDAY, MARCH 23, 2009 2349 adopted by any county or municipal corporation, any such certified septic tank installer or certified septic tank pumper may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the local county or municipal health department. Such bond shall be conditioned upon all work done or supervised by such certificate holder complying with the provisions of any state construction codes or any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said certificate holder's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the certified septic tank installer or certified septic tank pumper shall file a copy of the bond with the county or municipal health department in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13. (d) This Code section does not restrict the work of a plumber licensed by the State Construction Industry Licensing Board to access any on-site sewage management system for the purpose of servicing or repairing any plumbing system or connection to the on-site sewage management system. 31-2-8. 31-2-13. Until July 1, 2012, the department shall provide by rule or regulation for the regulation of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department (previously known as the Department of Human Resources for these purposes) under this Code section. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012. 31-2-9. (a) The General Assembly makes the following findings: (1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, 2350 JOURNAL OF THE SENATE AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health of the Department of Human Resources. (c) The injury prevention section, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the department's Division of Aging Services, Division of Family and Children Services, and Division of Mental Health, Developmental Disabilities, and Addictive Diseases, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the Department of Human Resources in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external cause of injuries; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding. 31-2-14. (a) As used in this Code section, the term: MONDAY, MARCH 23, 2009 2351 (1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses: (A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; or (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to 2352 JOURNAL OF THE SENATE operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: (A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means fingerprints 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 and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. MONDAY, MARCH 23, 2009 2353 (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a 2354 JOURNAL OF THE SENATE license imposed by Article 3 of Chapter 5 of Title 49 or Article 11 of Chapter 7 of this title. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section. 31-5A-7. 31-2-15. Performance and outcome data and pricing data for selected medical conditions, surgeries, and procedures in hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers in Georgia shall be reported to the Department of Community Health on a regular basis. The department shall provide for the establishment of a website for the purpose of providing consumers information on the cost and quality of health care in Georgia to include but not be limited to cost comparison information on certain prescription drugs at different pharmacies in Georgia, hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers and facilities in Georgia. 31-5A-8. 31-2-16. (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. (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 or development, manufacturing, or 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 200 Georgia citizens residents. Such term shall not mean a warehouse used to store health care products. (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 low-income individuals through patient assistance programs. (b) The Department of Community Health shall expedite the review of any prescription MONDAY, MARCH 23, 2009 2355 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 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. 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 subsection shall apply to all contracts entered into or renewed by the Department of Health or its predecessor, the Department of Community Health, on or after July 1, 2008. (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." SECTION 1-2. Said title is further amended by revising Code Section 31-1-1, relating to definitions relative to health generally, as follows: "31-1-1. Except as specifically provided otherwise, as used in this title, the term: (1) 'Board' means the State Board of Human Resources Health. (2) 'Commissioner' means the commissioner of human resources health. (3) 'Department' means the Department of Human Resources Health." SECTION 1-3. Said title is further amended by adding a new Code section to read as follows: "31-1-10. (a) The position of State Health Officer is created. The commissioner of health or the director of the Division of Public Health of the Department of Health shall be the State Health Officer, as designated by the Governor. (b) The State Health Officer shall perform such health emergency preparedness and response duties as assigned by the Governor." SECTION 1-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Community Health" wherever it occurs with "Department of Health": (1) Code Section 9-2-21, relating to parties to actions to torts and notice to the Department of Community Health for a party who has received medical assistance benefits; (2) Code Section 19-10A-2, relating to the definition of the term "medical facility" for purposes of the "Safe Place for Newborns Act of 2002"; 2356 JOURNAL OF THE SENATE (3) Code Section 19-11-27, relating to accident and sickness insurance coverage for children; (4) Code Section 20-3-476, relating to authorization and administration of loan program for attendance at Colleges of Osteopathic Medicine; (5) Code Section 20-3-511, relating to employment of staff and director for the State Medical Education Board; (6) Code Section 20-3-513, relating to determination of amount of a medical loan or scholarship by the State Medical Education Board; (7) Code Section 20-3-516, relating to funds for medical loans or scholarships; (8) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (9) Code Section 25-2-13, relating to buildings presenting special hazards to persons or property; (10) Code Section 26-4-115.1, relating to requirement that certain wholesale distributors of controlled substances and dangerous drugs provide price and quantity information; (11) Code Section 26-4-118, relating to the Pharmacy Audit Bill of Rights; (12) Code Section 31-6-2, relating to definitions relative to state health planning and development; (13) Code Section 31-6-21, relating to the Department of Community Health generally relative to state health planning and development; (14) Code Section 31-6-47, relating to exemptions from certificate of need requirements; (15) Code Section 31-7-1, relating to definitions relative to regulation of hospitals and related institutions; (16) Code Section 31-7-75, relating to the functions and powers of hospital authorities; (17) Code Section 31-7-94, relating to grants to hospital authorities; (18) Code Section 31-7-94.1, relating to the "Rural Hospital Assistance Act"; (19) Code Section 31-7-95, relating to funding of medical education provided by hospital authorities and designated teaching hospitals; (20) Code Section 31-7-150, relating to definitions relative to home health agencies; (21) Code Section 31-7-250, relating to definitions relative to facility licensing and employee records checks; (22) Code Section 31-7-280, relating to annual health care provider reports; (23) Code Section 31-7-300, relating to definitions relative to private home care providers; (24) Code Section 31-7-354, relating to authority to enforce laws relating to nursing homes employee records checks; (25) Code Section 31-7-400, relating to definitions relative to hospital acquisition; (26) Code Section 31-8-46, relating to investigation of violations by a hospital; (27) Code Section 31-8-106, relating to information to be provided to residents upon admission into a long-term care facility; (28) Code Section 31-8-151, relating to definitions relative to the Indigent Care Trust MONDAY, MARCH 23, 2009 2357 Fund; (29) Code Section 31-8-162, relating to definitions relative to nursing home provider fees; (30) Code Section 31-8-171, relating to definitions relative to quality assessment fees on care management organizations; (31) Code Section 31-8-192, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act"; (32) Code Section 31-11-81, relating to definitions relative to emergency services; (33) Code Section 31-16-7, relating to reuse of kidney dialyzers; (34) Code Section 31-18-3, relating to reporting procedures for traumatic brain and spinal cord injuries; (35) Code Section 31-20-1, relating to definitions relative to performance of sterilization procedures; (36) Code Section 31-21-5, relating to incineration or cremation of dead body or parts thereof; (37) Code Section 31-34-8, relating to funding under the "Physicians for Rural Areas Assistance Act"; (38) Code Section 31-43-3, relating to the Commission on Men's Health; (39) Code Section 33-19-10, relating to limitation on hospitals with which nonprofit hospital service corporations are authorized to contract; (40) Code Section 33-20A-31, relating to definitions relative to the "Patient's Right to Independent Review Act"; (41) Code Section 33-21-29, relating to point-of-service option for persons offered health care coverage through a health maintenance organization; (42) Code Section 33-21A-2, relating to definitions relative to Medicaid care management organizations; (43) Code Section 33-21A-3, relating to certificates of authority for care management organizations; (44) Code Section 33-21A-4, relating to reimbursement for emergency health care services; (45) Code Section 33-21A-5, relating to requirements relating to critical access hospitals; (46) Code Section 33-21A-6, relating to coverage for newborn infants until discharged from inpatient care; (47) Code Section 33-21A-7, relating to bundling of provider complaints and appeals; (48) Code Section 33-21A-8, relating to participation by dentists; (49) Code Section 33-21A-9, relating to submission and payment of claims; (50) Code Section 33-21A-11, relating to hospital statistical and reimbursement reports from care management organizations; (51) Code Section 33-24-56.1, relating to reimbursement of medical expense or disability benefit providers in personal injury cases; (52) Code Section 33-45-3, relating to certificate of authority requirement for 2358 JOURNAL OF THE SENATE operation of continuing care facilities; (53) Code Section 36-42-3, relating to definitions relative to the "Downtown Development Authorities Law"; (54) Code Section 37-2-6.1, relating to community service boards; (55) Code Section 40-2-86.8, relating to special license plates supporting breast cancer related programs for the medically indigent; (56) Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations; (57) Code Section 42-5-2, relating to responsibilities of governmental unit with custody of inmate generally; (58) Code Section 42-5-54, relating to information from inmates relating to medical insurance; (59) Code Section 43-1B-6, relating to entities excepted from prohibitions as to financing and referrals; (60) Code Section 43-34-24.1, relating to the Composite State Board of Medical Examiners as an independent agency; (61) Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse; (62) Code Section 43-34-27, relating to license requirement for persons engaged in practice of medicine; (63) Code Section 44-14-470, relating to liens on causes of action accruing to injured persons for costs of care and treatment of injuries arising out of such causes of action; (64) Code Section 45-18-15, relating to rules and regulations for the administration of the state employees' health insurance plan; (65) Code Section 45-18-100, relating to definitions relative to the Georgia Retiree Health Benefit Fund; (66) Code Section 45-18-102, relating to responsibilities, duties, and powers of the department, board, and commissioner of community health with regard to the Georgia Retiree Health Benefit Fund; (67) Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistance; (68) Code Section 49-4-141, relating to definitions relative to Medicaid; (69) Code Section 49-4-142, relating to the authorization of the Department of Community Health to adopt and administer a state plan for medical assistance; (70) Code Section 49-4-146, relating to time for action on Medicaid claim; (71) Code Section 49-4-146.3, relating to forfeiture of property and proceeds obtained through Medicaid fraud; (72) Code Section 49-4-147, relating to enforcement of liens, claims, or offsets against assistance; (73) Code Section 49-4-147.2, relating to noneligibility of Department of Community Health to obtain nor be liable for interest on orders, judgments, and liquidated or unliquidated amounts; MONDAY, MARCH 23, 2009 2359 (74) Code Section 49-4-148, relating to recovery of assistance from third party liable for sickness, injury, disease, or disability; (75) Code Section 49-4-149, relating to lien of Department of Community Health against third parties; (76) Code Section 49-4-149.1, relating to submission by the Department of Community Health of plan for family supplementation of Medicaid payments upon federal removal of restrictions; (77) Code Section 49-4-150, relating to regulations as to maintenance and use of records; (78) Code Section 49-4-151, relating to obtaining information for investigations and audits; (79) Code Section 49-4-152, relating to research and demonstration projects under Medicaid; (80) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; (81) Code Section 49-4-156.1, relating to reimbursement of services rendered under Article 5 of Chapter 6 of Title 49, relating to community care for the elderly; (82) Code Section 49-4-157, relating to construction of Article 7 of Chapter 4 of Title 49 with the federal Social Security Act; (83) Code Section 49-4-161, relating to definitions relative to the "Georgia Longterm Care Partnership Program Act"; (84) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program; (85) Code Section 49-4-169.1, relating to definitions relative to therapy services for children with disabilities; (86) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; (87) Code Section 49-5-272, relating to definitions relative to the PeachCare for Kids Program; (88) Code Section 49-10-1, relating to the Georgia Board for Physician Workforce; (89) Code Section 50-13-9.1, relating to variances or waivers to agency rules; (90) Code Section 50-26-19, relating to financing acquisition, construction, and equipping of health care facilities; (91) Code Section 51-2-5.1, relating to the relationship between hospital and health care provider prerequisite to liability; and (92) Code Section 52-7-14, relating to collisions, accidents, and casualties relative to watercraft. SECTION 1-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Community Health" wherever it occurs with "State Board of Health": (1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; 2360 JOURNAL OF THE SENATE (2) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (3) Code Section 31-6-2, relating to definitions relative to state health planning and development; (4) Code Section 31-6-21, relating to the Department of Community Health generally relative to state health planning and development; (5) Code Section 31-7-1, relating to definitions relative to regulation of hospitals and related institutions; (6) Code Section 31-8-155, relating to promulgation of rules and regulations for funding expansions of eligibility and indigent care programs; (7) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (8) Code Section 45-18-12, relating to the creation of a health insurance fund for the state employees' health insurance plan; (9) Code Section 45-18-100, relating to definitions relative to the Georgia Retiree Health Benefit Fund; (10) Code Section 49-4-141, relating to definitions relative to Medicaid; (11) Code Section 49-4-143, relating to the power of the Board of Community Health with respect to Medicaid; (12) Code Section 49-4-150, relating to regulations as to maintenance and use of records; (13) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; and (14) Code Section 49-5-272, relating to definitions relative to the PeachCare for Kids Program. SECTION 1-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of community health" wherever it occurs with "commissioner of health": (1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; (2) Code Section 20-2-896, relating to the administrative discharge of certain debts due the health insurance fund for public school teachers; (3) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (4) Code Section 20-2-924, relating to the administrative discharge of certain debts due the health insurance fund for public school employees; (5) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (6) Code Section 31-7-1, relating to definitions relative to regulation of hospitals and related institutions; (7) Code Section 31-21-5, relating to incineration or cremation of dead body or parts thereof; MONDAY, MARCH 23, 2009 2361 (8) Code Section 33-21A-3, relating to certificates of authority for care management organizations; (9) Code Section 43-34-24.1, relating to the Composite State Board of Medical Examiners as an independent agency; (10) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (11) Code Section 45-18-12, relating to the creation of a health insurance fund for the state employees' health insurance plan; (12) Code Section 45-18-13, relating to deposit of amounts from health insurance fund available for investment in trust account; (13) Code Section 45-18-15, relating to rules and regulations relative to the state employees' health insurance plan; (14) Code Section 45-18-16, relating to certification to departments and other entities of the state of employer payment percentage for the ensuing fiscal year; (15) Code Section 45-18-18, relating to the discharge of certain debts or obligations due the health insurance fund for employees of the state; (16) Code Section 45-18-100, relating to definitions relative to the Georgia Retiree Health Benefit Fund; (17) Code Section 49-4-144, relating to the chief administrative officer of the Department of Community Health; (18) Code Section 49-4-147, relating to enforcement of liens, claims, or offsets against assistance under Medicaid; (19) Code Section 49-4-148, relating to recovery of assistance from third party liable for sickness, injury, disease, or disability under Medicaid; (20) Code Section 49-4-150, relating to regulations as to maintenance and use of records relating to Medicaid; (21) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; and (22) Code Section 50-5-69, relating to purchases without competitive bidding by state agencies. SECTION 1-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Health": (1) Code Section 4-4-69, relating to regulation of manufacture and use of disease vectors in livestock; (2) Code Section 4-10-10, relating to the joint regulation of the sale or transportation of exotic or pet birds; (3) Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful; (4) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of the 2362 JOURNAL OF THE SENATE state; (5) Code Section 12-3-9, relating to adoption and promulgation by the Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas; (6) Code Section 12-5-175, relating to fluoridation of public water systems; (7) Code Section 12-8-1, relating to notice of denial of individual sewage disposal permits; (8) Code Section 15-21-142, relating to the establishment of the Brain and Spinal Injury Trust Fund Commission; (9) Code Section 16-6-13.1, relating to testing for sexually transmitted diseases; (10) Code Section 16-12-141, relating to when abortion is legal; (11) Code Section 17-10-15, relating to AIDS transmitting crimes; (12) Code Section 19-3-41, relating to preparation by the Department of Human Resources of a marriage manual on family planning and other material; (13) Code Section 20-2-142, relating to prescribed courses in elementary and secondary schools on alcohol, tobacco, and drug use; (14) Code Section 20-2-143, relating to sex education and AIDS prevention instruction in elementary and secondary schools; (15) Code Section 20-2-144, relating to mandatory instruction in elementary and secondary schools concerning alcohol and drug use; (16) Code Section 20-2-770, relating to rules and regulations for nutritional screening and eye, ear, and dental examinations of students; (17) Code Section 20-2-771, relating to immunization of students in elementary and secondary education; (18) Code Section 20-2-772, relating to rules and regulations for screening of students for scoliosis; (19) Code Section 24-9-40, relating to when medical information may be released by a physician, hospital, health care facility, or pharmacist; (20) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (21) Code Section 25-3-6, relating to the effect of certain laws relating to local fire departments on the powers and duties of other officials and departments; (22) Code Section 26-2-371, relating to permits required for food service establishments; (23) Code Section 26-2-372, relating to the issuance of permits for food service establishments; (24) Code Section 26-2-373, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health for food service establishments; (25) Code Section 26-2-374, relating to contents and posting of notices relating to assistance to persons choking; (26) Code Section 26-2-375, relating to enforcement of laws regarding the regulation of food service establishments; (27) Code Section 26-2-376, relating to review of final order or determination by MONDAY, MARCH 23, 2009 2363 Department of Human Resources regarding regulation of a food service establishment; (28) Code Section 26-2-377, relating to penalties for violation of laws regarding the regulation of food service establishments; (29) Code Section 26-3-18, relating to assistance in enforcement from Department of Agriculture or Department of Human Resources with respect to standards, labeling, and adulteration of drugs and cosmetics; (30) Code Section 26-4-85, relating to patient counseling by a pharmacist; (31) Code Section 26-4-116, relating to emergency service providers with respect to dangerous drugs and controlled substances; (32) Code Section 26-4-172, relating to license requirements under the "Nuclear Pharmacy Law"; (33) Code Section 26-5-3, relating to definitions relative to the "Drug Abuse Treatment and Education Act"; (34) Code Section 31-1-3.2, relating to hearing screenings for newborns; (35) Code Section 31-3-4, relating to powers of county boards of health; (36) Code Section 31-3-11, relating to appointments of director and staff of county board of health; (37) Code Section 31-5-1, relating to adoption of rules and regulations by the Department of Human Resources and county boards of health; (38) Code Section 31-5-9, relating to injunctions for enjoining violations of the provisions of Title 31; (39) Code Section 31-5-20, relating to the definition of the term "inspection warrant" with respect to enforcement of certain public health laws; (40) Code Section 31-5-21, relating to persons who may obtain inspection warrants; (41) Code Section 31-7-133, relating to confidentiality of review organization's records; (42) Code Section 31-7-172, relating to definitions relative to hospice care; (43) Code Section 31-7-175, relating to the administration of the article of the "Georgia Hospice Law"; (44) Code Section 31-8-1, relating to the establishment and purpose of the Hospital Care for the Indigent Program; (45) Code Section 31-8-36, relating to state appropriations to the Nonresident Indigent Health Care Fund; (46) Code Section 31-8-46, relating to investigation of violations by a hospital; (47) Code Section 31-8-193, relating to the establishment of a program to provide health care services to low-income recipients; (48) Code Section 31-9A-4, relating to information to be made available by the Department of Human Resources under the "Woman's Right to Know Act"; (49) Code Section 31-9A- 6, relating to reporting requirements under the "Woman's Right to Know Act"; (50) Code Section 31-10-1, relating to definitions relative to vital records; (51) Code Section 31-11-1, relating to findings of the General Assembly and 2364 JOURNAL OF THE SENATE declaration of policy with respect to emergency medical services; (52) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (53) Code Section 31-11-81, relating to definitions relative to emergency services; (54) Code Section 31-11-100, relating to definitions relative to the Georgia Trauma Care Network Commission; (55) Code Section 31-11-101, relating to the creation of the Georgia Trauma Care Network Commission; (56) Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission; (57) Code Section 31-11-110, relating to legislative findings relative to a system of certified stroke centers; (58) Code Section 31-12-1, relating to the power to conduct research and studies relative to the control of hazardous conditions, preventable diseases, and metabolic diseases; (59) Code Section 31-12A-9, relating to a continuing education program relative to the "Georgia Smokefree Air Act of 2005"; (60) Code Section 31-12A-10, relating to enforcement by the Department of Human Resources and county boards of health of the "Georgia Smokefree Air Act of 2005"; (61) Code Section 31-13-3, relating to definitions relative to the "Georgia Radiation Control Act"; (62) Code Section 31-13-4, relating to administration of state-wide radiation control program for radiation generating equipment; (63) Code Section 31-13-5, relating to the powers and duties of the Department of Human Resources and the Department of Natural Resources under the "Georgia Radiation Control Act"; (64) Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic medical uses of radioactive materials; (65) Code Section 31-13-9, relating to records of use of radiation sources and exposure of employees to radiation; (66) Code Section 31-13-10, relating to suspension, revocation, and amendment of license or registration of radiation generating equipment; (67) Code Section 31-13-11, relating to impounding and condemnation of radiation generating equipment and radioactive materials; (68) Code Section 31-13-12, relating to the license requirements under the "Georgia Radiation Control Act"; (69) Code Section 31-13-13, relating to penalties under the "Georgia Radiation Control Act"; (70) Code Section 31-13-23, relating to transfer of powers and duties between the Department of Natural Resources and the Department of Human Resources under the "Georgia Radiation Control Act"; (71) Code Section 31-14-2, relating to petition for commitment of a person who has active tuberculosis; MONDAY, MARCH 23, 2009 2365 (72) Code Section 31-14-9, relating to procedure for securing discharge of a person committed for active tuberculosis; (73) Code Section 31-15-2, relating to the establishment of a program for the prevention, control, and treatment of cancer; (74) Code Section 31-16-2, relating to the establishment of a program for the prevention, control, and treatment of kidney disease; (75) Code Section 31-17-2, relating to the report of diagnosis or treatment to health authorities of a case of venereal disease; (76) Code Section 31-17-3, relating to examination and treatment by health authorities for venereal disease; (77) Code Section 31-17-4.2, relating to HIV pregnancy screening; (78) Code Section 31-17A-2, relating to examination of persons infected or suspected of being infected with HIV; (79) Code Section 31-17A-3, relating to refusal to consent to an HIV test; (80) Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury Trust Fund Commission; (81) Code Section 31-21-25, relating to bonds required prior to receiving unclaimed bodies; (82) Code Section 31-22-2, relating to licenses to operate clinical laboratories; (83) Code Section 31-22-9.1, relating to who may perform HIV tests; (84) Code Section 31-22-9.2, relating to report of positive HIV tests; (85) Code Section 31-23-3, relating to hospitals or medical schools which may operate eye banks; (86) Code Section 31-24-4, relating to labeling of containers of blood under "The Blood Labeling Act"; (87) Code Section 31-26-2, relating to the requirement of a certificate to practice midwifery; (88) Code Section 31-27-2, relating to the requirement of a permit for a mass gathering; (89) Code Section 31-28-2, relating to issuance of permits to operate a tourist court; (90) Code Section 31-28-5, relating to standards for health, sanitation, and safety of tourist courts; (91) Code Section 31-28-6, relating to inspection of premises of tourist courts; (92) Code Section 31-30-9, relating to effectiveness of chapter on reports on veterans exposed to agent orange; (93) Code Section 31-34-5, relating to service cancelable loans under the "Physicians for Rural Areas Assistance Act"; (94) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency providers; (95) Code Section 31-40-2, relating to issuance of permits for tattoo studios; (96) Code Section 31-40-5, relating to rules and regulations relative to tattoo studios; (97) Code Section 31-40-6, relating to enforcement of chapter regulating tattoo studios; 2366 JOURNAL OF THE SENATE (98) Code Section 31-40-8, relating to a public education program relative to tattoo studios; (99) Code Section 31-45-8, relating to inspections by the county board of health of public swimming pools; (100) Code Section 31-45-9, relating to suspension or revocation of permit for a public swimming pool; (101) Code Section 31-45-10, relating to rules and regulations relative to public swimming pools; (102) Code Section 31-45-11, relating to enforcement of rules and regulations relative to public swimming pools; (103) Code Section 31-46-4, relating to the Georgia Commission for Saving the Cure; (104) Code Section 33-24-59.7, relating to insurance coverage for the treatment of morbidly obese patients; (105) Code Section 33-29-3.2, relating to individual accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (106) Code Section 33-304.2, relating to group accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (107) Code Section 33-44-3, relating to the creation of the Georgia High Risk Health Insurance Plan; (108) Code Section 34-9-1, relating to definitions relative to workers' compensation; (109) Code Section 34-9-415, relating to testing under drug-free workplace programs; (110) Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (111) Code Section 36-62-2, relating to definitions relative to the "Development Authorities Law"; (112) Code Section 38-3-22, relating to the Governor's emergency management powers and duties; (113) Code Section 38-3-51, relating to emergency powers of the Governor; (114) Code Section 40-5-25, relating to applications for instruction permits and drivers' licenses; (115) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood relating to violations of driving under the influence of alcohol, drugs, or other intoxicating substances; (116) Code Section 42-1-7, relating to notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease; (117) Code Section 42-4-6, relating to confinement and care of tubercular inmates; (118) Code Section 42-4-32, relating to sanitation and health requirements for jails; (119) Code Section 43-10-6, relating to rules and regulations as to sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care; MONDAY, MARCH 23, 2009 2367 (120) Code Section 43-11-74, relating to direct supervision requirement of dental hygienists by a licensed dentist; (121) Code Section 43-14-2, relating to definitions relative to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; (122) Code Section 43-18-1, relating to definitions relative to the regulation of funeral directors and establishments, embalmers, and crematories; (123) Code Section 43-18-46, relating to grounds for denial or revocation of license or registration to operate a funeral establishment or to practice embalming or funeral directing; (124) Code Section 43-27-1, relating to definitions relative to nursing home administrators; (125) Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant; (126) Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse; (127) Code Section 43-34-103, relating to applications for utilization of physician's assistants; (128) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (129) Code Section 45-18-32, relating to administration of deferred compensation plans for employees of the state; (130) Code Section 46-11-4, relating to regulation of transportation of hazardous materials on public roads of the state generally; (131) Code Section 49-4-152.3, relating to reuse of unit dosage drugs under Medicaid; (132) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules by a state agency; (133) Code Section 50-18-72, relating to when public disclosure is not required under open records laws; (134) Code Section 50-18-76, relating to written matter exempt from disclosure under vital records laws; and (135) Code Section 50-26-4, relating to definitions relative to the "Georgia Housing and Finance Authority Act." SECTION 1-8. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "State Board of Health": (1) Code Section 31-1-3.2, relating to hearing screenings for newborns; (2) Code Section 31-7-304, relating to fees on private home care providers; (3) Code Section 31-11-2, relating to definitions relative to emergency medical services; (4) Code Section 31-11-3, relating to recommendations by local coordinating entity 2368 JOURNAL OF THE SENATE as to administration of the Emergency Medical Systems Communication Program; (5) Code Section 31-11-31.1, relating to license fees on ambulance services; (6) Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian cancer research program fund; (7) Code Section 31-22-1, relating to definitions relative to clinical laboratories; (8) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; and (9) Code Section 43-7-9, relating to general powers and duties of the State Board of Barbers. SECTION 1-9. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of health": (1) Code Section 8-2-24, relating to appointment of advisory committee relating to state building, plumbing, and electrical codes; (2) Code Section 12-5-524, relating to the creation of the Water Council; (3) Code Section 16-12-141, relating to when abortion is legal; (4) Code Section 16-12-141.1, relating to disposal of aborted fetuses; (5) Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State with respect to registration of voters; (6) Code Section 26-2-393, relating to enforcement of article relating to nonprofit food sales and food service; (7) Code Section 31-7-176.1, relating to determination or pronouncement of death of a patient in hospice care; (8) Code Section 31-8-32, relating to determination of indigency for hospital care for nonresidents; (9) Code Section 31-8-43, relating to determination of indigency for hospital care for pregnant women; (10) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act"; (11) Code Section 31-10-1, relating to definitions relative to vital records; (12) Code Section 31-11-2, relating to definitions relative to emergency medical services; (13) Code Section 31-11-36, relating to suspension or revocation of licenses for ambulance services; (14) Code Section 31-16-3, relating to functions of the Kidney Disease Advisory Committee; (15) Code Section 31-27-7, relating to emergency powers of the Governor regarding mass gatherings; (16) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency responders; MONDAY, MARCH 23, 2009 2369 (17) Code Section 31-36A-7, relating to petition for health care placement transfer, admission, or discharge order by health care facility; (18) Code Section 33-20B-3.1, relating to health maintenance organizations' expansion into rural areas; (19) Code Section 33-21-3, relating to grounds and procedure for issuance or denial of certificate of authority for a health maintenance organization; (20) Code Section 33-21-5, relating to suspension or revocation of certificate of authority for a health maintenance organization; (21) Code Section 33-21-15, relating to filing of annual reports by health maintenance organizations; (22) Code Section 33-21-17, relating to examinations of health maintenance organizations and providers; (23) Code Section 33-21-18, relating to adoption of rules and regulations generally relative to health maintenance organizations; (24) Code Section 33-21-20, relating to conduct of hearings generally relative to health maintenance organizations; (25) Code Section 33-21-21, relating to authority of commissioner of human resources to contract for making of recommendations required by health maintenance organizations laws; (26) Code Section 33-21-27, relating to enforcement of health maintenance organizations laws; (27) Code Section 38-2-10, relating to use of National Guard in drug law enforcement, provision of medical care in medically underserved areas, and for youth opportunity training programs; (28) Code Section 42-4-32, relating to sanitation and health requirements in jails generally; (29) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; (30) Code Section 43-1A-4, relating to the Occupational Regulation Review Council; (31) Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators; (32) Code Section 43-45-3, relating to creation of the State Structural Pest Control Commission; (33) Code Section 45-9-73, relating to the creation of the Georgia Public School Personnel Indemnification Commission; and (34) Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission. SECTION 1-10. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of Title 31" wherever it occurs with "Chapter 2 of Title 31": (1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; 2370 JOURNAL OF THE SENATE (2) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (3) Code Section 33-20A-31, relating to definitions relative to the "Patient's Right to Independent Review Act"; (4) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (5) Code Section 49-4-141, relating to definitions relative to Medicaid; (6) Code Section 49-4-142, relating to the authorization of the Department of Community Health to adopt and administer a state plan for medical assistance; (7) Code Section 49-4-143, relating to the power of the Board of Community Health with respect to Medicaid; and (8) Code Section 49-4-144, relating to the chief administrative officer of the Department of Community Health. SECTION 1-11. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of this title" wherever it occurs with "Chapter 2 of this title": (1) Code Section 31-6-2, relating to definitions relative to state health planning and development; (2) Code Section 31-6-21, relating to the Department of Community Health generally under state health planning and development; (3) Code Section 31-7-94.1, relating to the "Rural Hospital Assistance Act;" (4) Code Section 31-8-151, relating to definitions relative to the indigent care trust fund; (5) Code Section 31-8-162, relating to definitions relative to nursing home provider fees; and (6) Code Section 31-8-171, relating to definitions relative to quality assessment fees on care management organizations. SECTION 1-12. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-6" wherever it occurs with "Code Section 31-2-11": (1) Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling units; (2) Code Section 31-7-2.1, relating to rules and regulations relative to regulation of hospitals and related institutions; (3) Code Section 31-7-302, relating to rules and regulations relative to private home care providers; (4) Code Section 31-8-60, relating to retaliation against a resident of a long-term care facility and prohibition against interference with the ombudsman; (5) Code Section 31-8-135, relating to hearings under the "Remedies for Residents of Personal Care Homes Act"; (6) Code Section 31-11-9, relating to enforcement of emergency medical services MONDAY, MARCH 23, 2009 2371 laws; and (7) Code Section 31-44-11, relating to the authority of the Department of Human Resources to deal with violations of renal disease facilities laws. SECTION 1-13. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-7" wherever it occurs with "Code Section 31-2-12": (1) Code Section 31-3-5, relating to functions of county boards of health; (2) Code Section 31-3-5.1, relating to conformity prerequisite to building permit; and (3) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules. SECTION 1-14. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful, is amended by revising paragraph (26) of subsection (b) as follows: "(26) With respect to any individual or facility providing personal care services: (A) Any person or entity not duly licensed or registered as a personal care home formally or informally offering, advertising to, or soliciting the public for residents or referrals; (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services: (i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for services authorized by the Department of Human Resources Health under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4 31-2-9; (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services. The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;" SECTION 1-15. Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits issued by the Department of Natural Resources for land disposal sites, is amended as follows: "12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank 2372 JOURNAL OF THE SENATE pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Health for these purposes) under Code Section 31-2-8 31-2-13 may continue to operate under such Code section until July 1, 2012, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter." SECTION 1-16. Code Section 15-11-66.1 of the Official Code of Georgia Annotated, relating to disposition of a child committing delinquent act constituting AIDS transmitting crime, is amended by revising subsection (e) as follows: "(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to: (1) The Department of Juvenile Justice or the Department of Corrections, as the case may be, and the Department of Human Resources Health, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Juvenile Justice or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if: (A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of juvenile justice or the commissioner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted." SECTION 1-17. Code Section 15-21-143 of the Official Code of Georgia Annotated, relating to appointment of members and personnel of the Brain and Spinal Injury Trust Fund Commission, is amended as follows: "15-21-143. (a) The Brain and Spinal Injury Trust Fund Commission shall consist of 15 members who shall serve for terms of two years, except that with respect to the first members MONDAY, MARCH 23, 2009 2373 appointed, five members shall be appointed for a term of three years, five for a term of two years, and five for a term of one year. The following agencies may each appoint one member of the commission: (1) The Division of Rehabilitation Services of the Department of Labor; (2) The State Board of Education; (3) The Department of Public Safety; (4) The Department of Community Health; and (5) The Department of Human Resources Services. The remaining ten members of the commission shall be appointed by the Governor, seven of whom shall be citizens who have sustained brain or spinal cord injury or members of such persons' immediate families, no more than one of whom shall reside in the same geographic area of the state which constitutes a health district established by the Department of Human Resources Health. The Governor is authorized but not required to appoint the remaining three members from recommendations submitted by the Private Rehabilitation Suppliers of Georgia, the Georgia Hospital Association, the Brain Injury Association of Georgia, the Medical Association of Georgia, and the Georgia State Medical Association. The Governor shall also establish initial terms of office for all 15 members of the board within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter." SECTION 1-18. Code Section 17-18-1 of the Official Code of Georgia Annotated, relating to duty of certain officials to offer written statement of information to victims of rape or forcible sodomy, is amended as follows: "17-18-1. When any employee of the Department of Human Resources, Department of Human Services, Department of Health, Department of Behavioral Health, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the 2374 JOURNAL OF THE SENATE information set out in Code Section 17-18-2 and may include additional information regarding resources available to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language." SECTION 1-19. Code Section 19-3-35.1 of the Official Code of Georgia Annotated, relating to AIDS brochures for applicants for a marriage license, is amended by revising subsection (b) as follows: "(b) The Department of Human Resources Department of Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Health (formerly known as the Department of Human Resources for these purposes) under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988." SECTION 1-20. Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to the membership, terms, filling of vacancies, and officers of the State Commission on Family Violence, is amended by revising paragraph (1) of subsection (a) as follows: "(1) Three ex officio members shall be the director of the Division of Family and Children Services of the Department of Human Services, the director of Women's Health Services in the division of public health Division of Public Health of the Department of Human Resources Health, and the Attorney General;" SECTION 1-21. Code Section 19-15-4 of the Official Code of Georgia Annotated, relating to Georgia Child Fatality Review Panel, is amended by revising subsection (c) as follows: "(c) The panel shall be composed as follows: (1) One district attorney appointed by the Governor; (2) One juvenile court judge appointed by the Governor; (3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Resources Services; (6) The director of the Division of Family and Children Services of the Department of Human Resources Services; (7) The director of the Georgia Bureau of Investigation; MONDAY, MARCH 23, 2009 2375 (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor; (14) The Child Advocate for the Protection of Children; (15) The director of the Division of Public Health of the Department of Human Resources Health; and (16) The director commissioner of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources behavioral health." SECTION 1-22. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds generally, is amended by revising paragraphs (5) and (8) of subsection (c) as follows: "(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources Health, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in fulltime equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to fulltime equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot and review these schedules annually. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for 2376 JOURNAL OF THE SENATE allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;" "(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources Health;" SECTION 1-23. Code Section 26-4-192 of the Official Code of Georgia Annotated, relating to the statewide program for distribution of unused prescription drugs for the benefit of medically indigent persons, is amended as follows: "26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources Health for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum: (1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot program is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008." MONDAY, MARCH 23, 2009 2377 SECTION 1-24. Code Section 31-5-2 of the Official Code of Georgia Annotated, relating to hearings of the Department of Human Resources, is amended as follows: "31-5-2. (a) Hearings shall be required with respect to for any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted as provided in this Code section in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) Where hearing is required or afforded, notice thereof as provided in this Code section shall be given in person or by registered or certified mail or statutory overnight delivery to all interested parties; provided, however, in proceedings where the number of interested parties is so numerous as to make individual notice impracticable, notice shall be given by publication or by such other means reasonably calculated to afford actual notice as may be prescribed by the agency or person conducting such hearing. All notices shall state (1) the time and place of hearing and nature thereof and (2) the matters of fact and law asserted and must be given at least five days before the day set for hearing unless the agency determines that an imminent threat to the public health exists which requires shorter notice. (c) All interested parties at such hearings shall have, upon request, compulsory process as provided in Code Section 31-5-4 and shall have the right to adduce evidence and conduct cross-examination of all adverse witnesses. Any member of the department or county boards of health, as the case may be, their authorized officials or agents, or any attorney at law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himself. Where possible, all evidence and proceedings shall be reported. (d) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member in good standing of the State Bar of Georgia. A county board of health is authorized and empowered to direct its director or the director's appointee to conduct hearings, issue compulsory process, administer oaths, and submit his findings and recommendations to the county board of health. In both of such cases, the examiner and director or the director's appointee shall make the report available to all interested parties, and such parties are permitted to file written exception thereto prior to final decision thereon." SECTION 1-25. Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to procedures for rule making by the Department of Community Health, is amended by adding a new subsection to the end of the Code section to read as follows: "(j) This Code section shall apply only to rules adopted pursuant to this chapter." SECTION 1-26. Code Section 31-6-40 of the Official Code of Georgia Annotated, relating to a certificate 2378 JOURNAL OF THE SENATE of need required for new institutional health services, is amended by revising paragraph (1) of subsection (c) as follows: "(c)(1) Any person who had a valid exemption granted or approved by the former Health Planning Agency or the former Department of Community Health (now known as the Department of 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." SECTION 1-27. Code Section 31-6-48 of the Official Code of Georgia Annotated, relating to the abolishment of prior entities and the transfer of contractual obligations, is amended as follows: "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 (now known as the Department of Health) shall be the successor to the Health Planning Agency, and except that on and after July 1, 2008, the Board of Community Health (now known as the State Board of 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 2 of this title shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished." SECTION 1-28. Code Section 31-6-49 of the Official Code of Georgia Annotated, relating to transitional provisions with respect to the certificate of need program, is amended as follows: "31-6-49. All matters transferred to the Health Planning Agency by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically be transferred to the Department of Community Health (now known as the Department of 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." MONDAY, MARCH 23, 2009 2379 SECTION 1-29. Code Section 31-7-2.2 of the Official Code of Georgia Annotated, relating to determination that patients or residents in an institution, community living arrangement, or treatment program are in danger, is amended as follows: "31-7-2.2. (a)(1) The commissioner may order the emergency relocation of patients or residents from an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate institution, community living arrangement, or drug abuse treatment and education program; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when one or more of the following conditions are present: (A) The institution, community living arrangement, or drug abuse treatment and education program is operating without a permit or a license; (B) The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the institution, community living arrangement, or drug abuse treatment and education program; (C) The institution, community living arrangement, or drug abuse treatment and education program is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the institution, community living arrangement, or drug abuse treatment and education program. (2) A monitor may be placed, pursuant to this subsection, in an institution, community living arrangement, or drug abuse treatment and education program for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the institution, community living arrangement, or drug abuse treatment and education program. The monitor shall report to the department. The monitor shall not assume 2380 JOURNAL OF THE SENATE any administrative responsibility within the institution, community living arrangement, or drug abuse treatment and education program nor shall the monitor be liable for any actions of the institution, community living arrangement, or drug abuse treatment and education program. The costs of placing a monitor in an institution, community living arrangement, or drug abuse treatment and education program shall be paid by the institution, community living arrangement, or drug abuse treatment and education program unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or program subject to licensure under Chapter 5 of Title 26 when an such institution, community living arrangement, or drug abuse treatment and education program has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (A) Could jeopardize the health and safety of the residents or patients in the institution, community living arrangement, or drug abuse treatment and education program if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to an institution, community living arrangement, or drug abuse treatment and education program may be suspended until the violation has been corrected or until the department has determined that the institution, community living arrangement, or drug abuse treatment and education program has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any institution, community living arrangement, or drug abuse treatment and education program affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner." MONDAY, MARCH 23, 2009 2381 SECTION 1-30. Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to regulation of personal care homes, is amended by revising paragraph (1) of subsection (a) as follows: "(1) 'Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (16)(12) of subsection (b) of Code Section 37-1-20 49-2-6." SECTION 1-31. Code Section 31-7-17 of the Official Code of Georgia Annotated, relating to licensure and regulation of hospitals and related institutions transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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 2382 JOURNAL OF THE SENATE 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 1-32. Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, is amended by revising subsection (a) as follows: "(a) As used in this Code section, the term: (1) 'Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-dayper-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Family Health Section of the Department of Human Resources Department of Health. (2) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association. (3) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital." SECTION 1-33. Code Section 31-7-159 of the Official Code of Georgia Annotated, relating to licensure and regulation of home health agencies transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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 MONDAY, MARCH 23, 2009 2383 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 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 1-34. Code Section 31-7-265 of the Official Code of Georgia Annotated, relating to facility licensing and employee records checks for personal care homes transferred to Department of Community Health, is amended 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 2384 JOURNAL OF THE SENATE the Department of Human Resources (now known as the Department of Human Services) 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 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 1-35. Code Section 31-7-308 of the Official Code of Georgia Annotated, relating to licensure and regulation of private home care providers transferred to Department of Community MONDAY, MARCH 23, 2009 2385 Health, is amended 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 (now known as the Department of Human Services) 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 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." 2386 JOURNAL OF THE SENATE SECTION 1-36. Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act," is amended by revising subparagraph (D) of paragraph (6) as follows: "(D) Any client or beneficiary of the department, or the Department of Human Resources Services, or the Department of Behavioral Health who voluntarily chooses to participate in a program offered or approved by the department, or the Department of Human Resources Services, or the Department of Behavioral Health and meets the program eligibility guidelines of the department, or the Department of Human Resources Services, or the Department of Behavioral Health whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget." SECTION 1-37. Code Section 31-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to emergency medical services, is amended by revising paragraphs (3), (5), and (6.1) as follows: "(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources Health." "(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Health for these purposes) on and after January 1, 2002." "(6.1) 'Department' means the Department of Human Resources Health." SECTION 1-38. Code Section 31-11-50 of the Official Code of Georgia Annotated, relating to medical advisers relative to emergency medical services, is amended by revising subsection (a) as follows: "(a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consultant of the Emergency Health Section of the Division of Physical Public Health of the Department of Human Resources Department of Health. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his or her designee to act as medical adviser until the services of a physician are available." SECTION 1-39. Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to MONDAY, MARCH 23, 2009 2387 automated external defibrillator program, is amended by revising paragraph (1) of subsection (b) as follows: "(1) It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the Rules and Regulations rules and regulations of the Department of Health Human Resources Chapter 290-5-30. It is further recommended that such training include at a minimum the successful completion of: (A) A nationally recognized health care provider/professional rescuer level cardiopulmonary resuscitation course; and (B) A department established or approved course which includes demonstrated proficiency in the use of an automated external defibrillator;" SECTION 1-40. Code Section 31-13-25 of the Official Code of Georgia Annotated, relating to rules, regulations, agreements, and contracts formerly under the Department of Human Resources with respect to radiation control, is amended as follows: "31-13-25. All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources (now known as the Department of Health for these purposes) will, by operation of law, be assumed by the Department of Natural Resources on April 4, 1990." SECTION 1-41. Code Section 31-15-4 of the Official Code of Georgia Annotated, relating to a cancer control officer, is amended as follows: "31-15-4. The commissioner shall appoint a cancer control officer. The cancer control officer shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and must shall be knowledgeable in the field of medicine covered by this chapter. He or she shall administer the cancer program for the Division of Physical Public Health of the Department of Human Resources Department of Health in compliance with this chapter. He or she shall be provided an office with clerical and administrative assistance to carry out this program." SECTION 1-42. Code Section 33-21-20.1 of the Official Code of Georgia Annotated, relating to regulation of health maintenance organizations by the commissioner of human resources, is amended as follows: "33-21-20.1. On May 13, 2004, all health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to regulation by the commissioner of human resources (now known as the commissioner of health for these 2388 JOURNAL OF THE SENATE purposes). Upon the Commissioner of Insurance's determination that a health maintenance organization no longer meets the requirements of subsection (b.1) of Code Section 33-21-3, the Commissioner shall immediately notify the commissioner of human resources health; and such health maintenance organization shall be subject to regulation by the commissioner of human resources health until such time as it again meets the requirements of subsection (b.1) of Code Section 33-21-3 as determined by the Commissioner of Insurance." SECTION 1-43. Code Section 33-21A-10 of the Official Code of Georgia Annotated, relating to new and renewal agreements with care management organizations and health care providers, is amended as follows: "33-21A-10. (a) On and after May 13, 2008, the Department of Community Health, now known as the Department of Health, shall include provisions in all new or renewal agreements with a care management organization, which provisions require the care management organization to comply with all provisions of this chapter. (b) On and after May 13, 2008, 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 (now known as the Department of Health) and the care management organization, which provisions are inconsistent with the provisions of this chapter." SECTION 1-44. Code Section 33-24-56.3 of the Official Code of Georgia Annotated, relating to colorectal cancer screening and testing, is amended by revising paragraph (1) of subsection (a) as follows: "(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after July 1, 2002, including, but not limited to, those contracts executed by the Department of Community Health pursuant to paragraph (1) of subsection (f)(d) of Code Section 31-5A-4 31-2-4. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and nonrenewable individual policies written for a period of less than six months." SECTION 1-45. Code Section 33-24-59.2 of the Official Code of Georgia Annotated, relating to insurance coverage for equipment and self-management training for individuals with diabetes, is amended by revising subsection (b) as follows: "(b)(1) Diabetes outpatient self-management training and education as provided for in subsection (a) of this Code section shall be provided by a certified, registered, or MONDAY, MARCH 23, 2009 2389 licensed health care professional with expertise in diabetes. (2) The office of the Commissioner of Insurance shall promulgate rules and regulations after consultation with the Department of Human Resources Health which conform to the current standards for diabetes outpatient self-management training and educational services established by the American Diabetes Association for purposes of this Code section. (3) The office of the Commissioner of Insurance shall promulgate rules and regulations, relating to standards of diabetes care, to become effective July 1, 2002, after consultation with the Department of Human Resources (now known as the Department of Health for these purposes), the American Diabetes Association, and the National Institutes of Health. Such rules and regulations shall be adopted in accordance with the provisions of Code Section 33-2-9." SECTION 1-46. Code Section 33-45-3 of the Official Code of Georgia Annotated, relating to certificates of authority required for operation of continuing care facilities, is amended as follows: "33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Human Resources, the Department of Community Health, or any other regulatory body exercising authority over continuing care providers." SECTION 1-47. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, is amended by revising paragraphs (3) and (12) of subsection (b) as follows: "(3)(A) Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department. (B) Persons who engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agency, or department, and persons or entities which contract to provide social work services with any community service board or similar entity or any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services 2390 JOURNAL OF THE SENATE pursuant to those contracts and shall only be exempt until January 1, 1996. (C) Persons who engage in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Human Resources Health, Department of Behavioral Health, Department of Human Services, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or county board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996;" "(12) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Resources Services but only when engaged in such practice as an employee of that division;" SECTION 1-48. Code Section 43-27-2 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Nursing Home Administrators, is amended as follows: "43-27-2. (a) There is created the State Board of Nursing Home Administrators, which shall consist of 13 members, none of whom may be employees of the United States government or of this state, and the commissioner of human resources services or his or her designee, who shall serve as ex officio member of the board, and the commissioner of community health or his or her designee, who shall serve as ex officio member of the board. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows: (1) One member who is a licensed medical doctor in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (2) One member who is a registered nurse in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (3) One member who is an educator with a graduate degree and specializing in the field of gerontology and who is not a nursing home administrator or pecuniarily interested in any nursing home; (4) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large public, at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the State Board of Human Resources Health. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large public, at-large positions; (5) One member who is a hospital administrator in this state, who is the holder of a MONDAY, MARCH 23, 2009 2391 master's degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home; and (6) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this state. (b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position." SECTION 1-49. Code Section 43-27-5 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Board of Nursing Home Administrators, is amended by revising paragraph (4) of subsection (a) as follows: "(4) To initiate investigations for the purpose of discovering violations by a nursing home administrator of the rules, regulations, or statutes of the Department of Community Health or the Department of Human Resources Services, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the nursing home of which such individual is the administrator in the medical assistance program or the license issued by the Department of Human Resources Health and make written findings as to the causes of the alleged violations;" SECTION 1-50. 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 (c) as follows: "(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, county departments of health, and county departments of family and children services, the Department of Human Resources Behavioral Health must shall designate a central office which will shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of family and children services, the Department of Human Services shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other 2392 JOURNAL OF THE SENATE insurance coverages provided county departments of health, the Department of Health shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services." SECTION 1-51. Code Section 45-9-110 of the Official Code of Georgia Annotated, relating to authorization for consolidation of unemployment compensation claim matters under the commissioner of administrative services, is amended by revising subsection (d) as follows: "(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments county departments of health and remit the premium to the Department of Administrative Services. The commissioner of human services shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from county departments of family and children services and remit the premium to the Department of Administrative Services. The commissioner of behavioral health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from community service boards and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unemployment compensation benefit insurance program." SECTION 1-52. Code Section 46-4-154 of the Official Code of Georgia Annotated, relating to notice of election, unbundling, rates, application requirements, and surcharge on interruptibles under the "Natural Gas Competition and Deregulation Act," is amended by revising subsection (e) as follows: "(e) The commission shall establish a surcharge on all customers receiving interruptible service over the electing distribution company's distribution system sufficient to ensure that such customers will pay an equitable share of the cost of the distribution system over which such customers receive service. The commission is authorized to direct the electing distribution company or the marketers to collect such surcharge directly from the customers. Such surcharge shall be paid promptly upon MONDAY, MARCH 23, 2009 2393 receipt into the universal service fund. This surcharge shall not be applied to any hospital that has a medicare and Medicaid payor mix of at least 30 percent and has uncompensated writeoffs for the provision of charity, indigent, and free health care services of not less than 5 percent of such hospital's annual operating expenses based on the annual hospital surveys by the Division of Health Planning of the Department of Community Health. This surcharge shall not be applied to any institution or property enumerated in Code Section 50-16-3, or administered or regulated under authority granted by Code Section 42-2-5 or 49-4A-6 or by Chapter 9 of Title 50." SECTION 1-53. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to adoption and administration of a state plan for medical assistance by the Department of Community Health, is amended by revising subsection (b) as follows: "(b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations: (1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations; (2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; (3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients; (5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the 2394 JOURNAL OF THE SENATE recipient does not have a relative or other person who is willing and able to provide supplementation; and (6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room." SECTION 1-54. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under Medicaid, is amended by revising subsection (d) as follows: "(d) All contested cases involving the imposition of a remedial or punitive measure against a nursing facility by the Department of Community Health shall be conducted in the manner provided for in subsection (l) of Code Section 31-2-6 31-2-11, but only if such remedial or punitive measure is based upon findings made by the Department of Human Resources Health in its capacity as the state survey agency for the Georgia Medicaid program." SECTION 1-55. Code Section 49-4-154 of the Official Code of Georgia Annotated, relating to powers and duties retained by the Department of Human Resources with respect to Medicaid, is amended as follows: "49-4-154. (a) The status, position, and rights of persons transferred from the Department of Human Resources (now known as the Department of Health for these purposes) to the Department of Medical Assistance pursuant to Ga. L. 1977, p. 384 shall not be affected by the transfer, in and of itself; and such persons shall retain, inter alia, all rights of rank or grade; rights to vacation, sick pay, and leave; rights under any retirement plan; and any other rights under any law or administrative policy. (b) The Department of Human Resources (now known as the Department of Health for these purposes) shall retain, in accordance with terms of the state plan, the functions, and all tangible things and employees relating thereto, of: (1) Establishing and maintaining certain standards for certain institutions and agencies seeking to become or remain providers and shall finally determine and certify whether such institutions and agencies meet such standards; (2) Determining and certifying the eligibility of certain applicants for and recipients of medical assistance; and (3) Prescribing regulations to require that applicants for medical assistance be given clear and easily understandable notice that all books, papers, records, and memoranda of the provider relating to the provision of medical assistance to the applicant will be made available, upon request, to the commissioner of medical assistance or his MONDAY, MARCH 23, 2009 2395 representative and that, by accepting medical assistance, the applicant thereby consents to the providing of such books, papers, records, and memoranda to the commissioner of medical assistance or his representative." SECTION 1-56. Code Section 49-4-155 of the Official Code of Georgia Annotated, relating to the Department of Community Health succeeding to existing rules, regulations, policies, procedures, and administrative orders with respect to Medicaid, is amended as follows: "49-4-155. The Department of Community Health (now known as the Department of Health) shall succeed to all the rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources (now known as the Department of Human Services) transferred to the Department of Medical Assistance pursuant to the previously existing provisions of this Code section and that are in effect on June 30, 1999, and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources (now known as the Department of Human Services) that are in effect on June 30, 1999, to which the Department of Medical Assistance succeeded pursuant to the previously existing provisions of Code Section 49-4-156." SECTION 1-57. Code Section 50-13-42 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Administrative Procedure Act," is amended by revising subsection (a) as follows: "(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Health Planning Review Board Certificate of Need Appeal Panel, or the Department of Community Health, unless specifically provided otherwise for certain programs or in relation to specific laws, or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis." SECTION 1-58. Code Section 50-16-3 of the Official Code of Georgia Annotated, relating to property of state boards and departments, is amended by revising paragraph (2) as follows: "(2) The several institutions operated by the Department of Human Resources Services, the Department of Health, or the Department of Behavioral Health, including all real and personal property belonging to the several institutions or used in connection therewith, and all other property conveyed to the any such department for the use of any of the institutions or conveyed to any of the boards of trustees of which the such department is the successor or to any of the institutions under its control;" 2396 JOURNAL OF THE SENATE PART II Department of Human Services. SECTION 2-1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Chapters 1 and 2, relating to general provisions on social services and the Department of Human Resources, respectively, as follows: "CHAPTER 1 49-1-1. As used in this title, the term: (1) 'Board' means the Board of Human Resources Services. (2) 'Commissioner' means the commissioner of human resources services. (3) 'County board' means a county or district board of family and children services. (4) 'County department' means a county or district department of family and children services. (5) 'County director' means the director of a county or district department of family and children services. (6) 'Department' means the Department of Human Resources Services. 49-1-2. All rules and regulations made by the Department of Human Resources Services shall be binding on the counties and shall be complied with by the respective county departments. 49-1-3. (a) Notwithstanding any other provisions of law, the Governor shall have the power by executive order to direct and implement such internal organization of the Department of Human Resources as he may determine necessary to improve the management and administration of the functions vested in the department, including the power to allocate within such organization the executive authority described in Code Section 49-2-1 with respect to any or any grouping of the functions of the department. For these purposes, the Governor shall have the power by executive order to redefine the department's substate structure and to direct the establishment of district health and welfare organizations, as respectively described and with such powers and duties as set forth in Code Sections 31-3-15 and 49-3-1. The district director of a health district shall be a licensed physician. The district director and other executive staff of district health and welfare organizations shall hereafter be appointed by the department, provided that the department shall not appoint as a director of any such organization any person whose appointment is not approved by a majority of the respective district board concerned in a meeting of such board called for that purpose. (b) Any other provisions of this Code section to the contrary notwithstanding, any such MONDAY, MARCH 23, 2009 2397 reorganization plan shall provide for a county department of family and children services, a county board of family and children services, and a county director of family and children services in each county of this state. The county director shall be the executive officer of the county department who shall be responsible for operations and personnel. In addition to such other powers and authorities which may be delegated to county departments of family and children services, each county board and director of family and children services shall have the same powers, duties, and bond requirements as provided in Code Sections 49-3-2 through 49-3-5. (c) Notwithstanding any other provision of this Code section, the Governor shall not have the power by executive order to abolish any county board. (d) The Governor's power under this Code section shall expire on December 31, 1976, but the organization accomplished by executive order hereunder shall continue until altered in the manner provided by law. Reserved. 49-1-4. No individual, supervisor, or member of the Board of Human Resources Services or the county or district boards of family and children services having to do with the administration of this title shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any kind or character to any of the institutions to be benefited by this title. 49-1-5. (a) In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail or statutory overnight delivery, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty. (b) In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the 2398 JOURNAL OF THE SENATE employment of any county director or district director subject to any right of appeal such director may have under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. 49-1-6. (a) Any charitable or nonprofit corporation which has been granted a charter or articles of incorporation under the laws of this state may transfer all or a part of its assets to the department upon such terms as may be agreed upon between such corporation and the department, provided such corporation shall first have obtained authority to make such transfer in accordance with this Code section. (b) Any such corporation may apply for authority to make such transfer by filing its petition with the superior court of the county in which such corporation has its principal office. Such application shall set forth the assets which the corporation desires to transfer to the department and the terms upon which it desires to transfer these assets. (c) Such corporation, once a week for four weeks prior to the filing of such petition, shall publish notice in the newspaper of the county in which is located the principal office of the corporation, such newspaper being the newspaper in which notices of sheriff's sales are advertised. The notice shall set forth the date, time, and place when such application will be presented, the court to which it will be presented, and the assets which such corporation desires to transfer to the department. (d) After a hearing, the court shall be authorized to grant the application and permit a transfer of the assets of the applicant upon terms as set out in the application or modified as the court may deem advisable, if the court considers this in the public interest; or the court may deny the application if the court deems such denial to be in the public interest. Where such corporation makes a transfer of all of its right, title, and interest in any of its assets to the department and such transfer is made pursuant to the authority of the court obtained in the manner provided for in this Code section, such transfer shall be conclusively deemed to be a proper and legal transfer. (e) Should such corporation desire to transfer all of its assets to the department, the court to which such application is presented may include in its order a provision that upon the transfer by such corporation of all of its assets to the department and upon compliance with Chapter 3 of Title 14, the charter or articles of incorporation of such corporation shall stand surrendered and the corporation dissolved. (f) Nothing contained in this Code section shall be considered as authorizing the department to accept a transfer of assets upon terms which would require the use of them by the department in a manner not authorized by law. 49-1-7. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department. MONDAY, MARCH 23, 2009 2399 49-1-8. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce. 49-1-9 49-1-7. (a) The General Assembly finds that it is in the best interest of the state to provide for programs for home delivered meals, transportation services for the elderly, and preschool children with special needs, including but not limited to disabled children, troubled children, school readiness programs, and other similar needs for the benefit of the citizens of Georgia. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs. (b) To support programs for home delivered meals, transportation services for the elderly, and preschool children with special needs which programs have been established or approved by the department or the Department of Health, the department may, without limitation, promote and solicit voluntary contributions through the income tax return contribution mechanism established in subsection (f) of this Code section, through offers to match contributions by any person with moneys appropriated or contributed to the department or the Department of Health for such programs, or through any fund raising or other promotional techniques deemed appropriate by the department or the Department of Health. (c) There is established a special fund to be known as the 'Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (f) of this Code section, and any other moneys contributed to this fund or to the home delivered meals, transportation services for the elderly, or preschool children with special needs programs of the department or the Department of Health and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through the Office Division of Aging Services in furtherance of home delivered meals and transportation services to the elderly programs and by the department Department of Health in furtherance of preschool children with special needs programs. 2400 JOURNAL OF THE SENATE (d) Following the transmittal of contributions to the department for deposit in the fund pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall be allocated as follows: (1) Fifty percent of the contributions to the fund shall be used for home delivered meals and transportation services to the elderly programs; and (2) Fifty percent of the contributions to the fund shall be transferred to the Department of Health to be used for preschool children with special needs programs. (e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for benefits and services and shall not be used for personnel or administrative positions. The department and the Department of Health shall each prepare, by February 1 of each year, an accounting of the funds received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report reports shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, to the members of the Board of Human Resources Services, and, upon request, to members of the public. (f)(1) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 1993, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund established in subsection (c) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to such fund may designate such contribution as provided in this Code section on the appropriate income tax return form. (2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the department for deposit in the fund established in subsection (c) of this Code section; provided, however, the amount retained for administrative costs, including implementation costs, shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions. CHAPTER 2 ARTICLE 1 MONDAY, MARCH 23, 2009 2401 49-2-1. (a) There is created a Department of Human Resources Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Health or the Department of Behavioral Health, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009. (b) There is also created the position of commissioner of human resources services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. 49-2-2. (a) There is created a Board of Human Resources Services, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Human Resources Services created by Code Section 49-2-1. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Health or the Department of Behavioral Health, are transferred to the Board of Human Services effective July 1, 2009, and the Board of Human Resources as it existed on June 30, 2009, shall be abolished effective July 1, 2009. The board shall consist of one member from each congressional district in the state and four at-large nine members appointed by the Governor and confirmed by the Senate. For this purpose, the congressional districts used shall be those specified in Code Section 21-1-2, as amended by Act No. 2EX11 of the second extraordinary 2001 session of the General Assembly and as thereafter amended by law. Seven members of the board shall be engaged professionally in rendering health services, and at least five of these seven members shall be licensed to practice medicine pursuant to Chapter 34 of Title 43. In appointing members to the board, the Governor shall take into account to the extent practicable all areas and functions encompassed by the department. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years; three members shall be appointed for four years; and the remaining members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same 2402 JOURNAL OF THE SENATE manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (d)(e) There shall be a chairman chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (e) Those members engaged in rendering health services shall comprise no more than seven members of the total membership of the board. (f) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards. 49-2-2.1. (a) The Department of Human Services 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 Human Services pursuant to Code Section 49-2-1 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 Human Services pursuant to Code Section 49-2-1. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Human Services by proper authority or as otherwise provided by law. (b) 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 Human Services pursuant to Code Section 49-2-1 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 Human Services. In all such instances, the Department of Human Services shall be substituted for the Department of Human Resources, and the Department of Human Services shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Human Services in similar capacities, as determined by the commissioner of human services. Such employees shall be subject to the employment practices and policies of the Department of Human Services on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced MONDAY, MARCH 23, 2009 2403 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 Human Services. (d) On July 1, 2009, the Department of Human Services shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1. 49-2-3. (a) Reserved. (b) The policy-making functions of the State Board for Children and Youth, contained in Ga. L. 1963, p. 81, are vested in the Board of Human Resources Services. (c)(b) The policy-making functions of the Commission on Aging, created in Ga. L. 1962, p. 604, are vested in the Board of Human Resources Services. 49-2-4. There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department. 49-2-5. The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised, and the department is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly, the respective counties of the state, and the United States, through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title. 49-2-6. (a) The department shall administer or supervise all county departments of the state as provided in Chapter 3 of this title. (b) The department shall: (1) Administer or supervise: (A) All categories of public assistance established under Code Section 49-4-3; (B) The operation of state charitable and eleemosynary institutions; (C) Agencies and institutions caring for dependent or mentally or physically 2404 JOURNAL OF THE SENATE disabled or aged adults; and (D) Such other welfare activities or services as may be vested in it; (2) Cooperate in the supervision of all correctional activities, including the operation of all the penal and correctional institutions of the state, together with parole, supervising of probation services, segregation of first offenders, and the inspection of local jails; (3) Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state; (4)(3) Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45; (5)(4) Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title; (6)(5) Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (7)(6) Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts; (8)(7) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; (9)(8) Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof; (10)(9) Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes of this title; (11) Make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for the purposes of this title the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered MONDAY, MARCH 23, 2009 2405 for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budge required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; and (12)(10) Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain selfcare, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses; (11) Classify and license community living arrangements in accordance with the rules and regulations promulgated by the department for the licensing and enforcement of licensing requirements for persons whose services are financially supported, in whole or in part, by funds authorized through the department. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 49-2-17 and 49-2-18. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued pursuant to this paragraph is not assignable or transferable. As used in this paragraph, the term 'community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage; and (12) Classify host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department and provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the department. The department shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the 2406 JOURNAL OF THE SENATE guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice, as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person. As used in this paragraph, the term 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. 49-2-7. (a) The functions, duties, and authority of the Board of Public Welfare, established by Ga. L. 1919, p. 222, as amended, as transferred and vested in the Board of Control of Eleemosynary Institutions by Ga. L. 1931, p. 7, Section 44A, are vested in the Department of Human Resources Services. (b) The functions, duties, and authority of the Department of Family and Children Services, created in Ga. L. 1937, p. 355, as amended, are vested in the Department of Human Resources Services. (c) The functions of the State Board for Children and Youth, created in Ga. L. 1963, p. 81, except for the policy-making functions transferred to the Board of Human Resources, are vested in the Department of Human Resources Services. (d) Reserved. (e) The functions, duties, and authority of the State Commission on Aging, created in Ga. L. 1962, p. 602, except the policy-making functions transferred to the Board of Human Resources Services, are vested in the Department of Human Resources Services. 49-2-8. The five members of the board who are licensed to practice medicine pursuant to Chapter 34 of Title 43 shall pass upon and approve the professional qualifications of all physicians and medical doctors employed by the department. Reserved. 49-2-9. In administering any funds appropriated or made available to the department for welfare purposes, the department shall have the power: (1) To make use of all local processes to enforce the minimum standards prescribed under or pursuant to the laws providing for grants-in-aid; and (2) To administer and disburse any and all funds which may be allocated by any municipality of the state or private organization or society for such purposes as may be designated by such municipality or other agency. The department may use a reasonable percentage of such funds for administrative costs, not to exceed 10 percent of the total sum administered. MONDAY, MARCH 23, 2009 2407 49-2-10. For the purpose of carrying out the duties and obligations of the department for performance of welfare services of the state, for administrative costs, for matching such federal funds as may be available for all of the aforesaid services, for the purpose of establishing an equalization fund to be used in assisting those counties which may be unable otherwise to bear their proportionate share of the expenses of administration and of dispensing the benefits provided for under this title, and for dispensing all of the benefits provided for under this title, the General Assembly shall make appropriations out of the general fund of the state or otherwise for the various and separate activities of the department. All funds appropriated or allocated to the department or to the county departments by the General Assembly, the fiscal authorities of the respective counties, and by the federal government through its appropriate agencies and instrumentalities are declared to be funds provided for a public purpose; and all appropriations provided for in this Code section and hereafter may be expended and distributed by the department for the purposes provided for under this title. 49-2-11. (a) Notwithstanding any provision in this title to the contrary, particularly Articles 2, 3, and 5 of Chapter 4 of this title, nothing therein contained shall be construed to prevent the acceptance of more than 50 percent federal matching funds. The department may accept and disburse the maximum percentage of federal grant-in-aid funds made available to this state by the federal government under any formula of variable grants or other formula for the granting of federal grants-in-aid. (b) The department is authorized to comply with the requirements prescribed by Congress as conditions to federal grants. (c) To the end of empowering the department to comply with federal requirements and to effectuate the purposes of grant-in-aid welfare programs, the board is authorized to promulgate all necessary rules and regulations and the department is authorized to do all things necessary and proper for the securing of the maximum amount of such federal grants. (d) In the event that Congress appropriates funds for grants-in-aid to the state governments for the purpose of assisting them in the operation of general assistance programs, medical assistance programs, or any other welfare programs, the department is authorized to cooperate with the federal government in such programs, to accept funds from the federal government in the maximum amounts made available, to disburse them, and to comply with all requirements of the federal government necessary for the securing of such grant-in-aid funds. (e) Any state funds which are made available by appropriation to the department for matching federal funds shall be available to supply the state portion of expenditures for general assistance programs, medical assistance programs, or any other type welfare programs provided for by the federal government which benefit the citizens or residents of this state. (f) Notwithstanding subsections (a) through (e) of this Code section, the Department of 2408 JOURNAL OF THE SENATE Community Health shall be the single state agency for the administration of the state medical assistance plan. 49-2-12. (a) All divisions and sections within the department shall make an inventory of all the various vehicles to which the department holds title and shall investigate their utilization patterns in order to establish and develop a consolidated and coordinated transportation plan for the various human services programs of the department, including, but not limited to, those programs relating to the aged and to the mentally and physically disabled. (b) Other departments and agencies of the state shall cooperate with the Department of Human Resources Services in mutually beneficial agreements regarding the establishment and development of a coordinated transportation plan involving various vehicles to which the state has title. (c) The plan required to be developed under this Code section shall identify the fully allocated costs of the transportation component of their services and take into consideration various limitations on the expenditure of federal funds which may arise in any consolidated or coordinated transportation system. No later than June 30, 1980, a preliminary transportation plan shall be submitted by the department to the Human Relations and Aging Committee of the House of Representatives and the Education and Youth, Aging, and Human Ecology Committee of the Senate, which plan shall be revised and submitted to such committees every two years thereafter. 49-2-13. All divisions and sections within the department, in cooperation with the Department of Transportation, shall identify those areas of the state where the general transportation needs of the elderly and persons with disabilities are not and cannot be adequately served by bus service and community service centers furnishing transportation. In further cooperation with the Department of Transportation, the department shall identify alternatives for meeting the transportation needs of these persons and shall report to the committees specified in subsection (c) of Code Section 49-2-12 as required therein. Such alternative means to be considered for providing for the transportation needs of these persons should include, but shall not be limited to: (1) Contract service resulting from competitive bidding by private sector bus operators operating under Article 1 of Chapter 7 of Title 46; (2) Contract service resulting from competitive bidding by taxi operators; (3) Negotiated fee basis with municipal and area-wide transportation systems serving the general public; or (4) Any combination of above paragraphs (1) through (3) of this Code section. 49-2-13.1. (a) The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state MONDAY, MARCH 23, 2009 2409 general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of the elderly or persons with disabilities, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section. (b) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section. 49-2-14. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department, and its contractors, and any district or county health agency. Such uniform method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department 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. 2410 JOURNAL OF THE SENATE (d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning children in the custody of the department or who are the subjects of a child protective services referral, complaint, or investigation and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment, department, or licensed child-placing agency file. Immediately following the employment decisions or upon receipt of the conviction data concerning any adult person who has contact with a child who is the subject of a child protective services referral, complaint, or investigation or who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) Notwithstanding the provisions of subsection (c) of this Code section, when a contractor to this department is a personal care home, the provisions of Code Sections 31-7-250 through 31-7-264 shall apply. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section. (g) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation to the fullest extent permissible by federal and state law, including but not limited to Public Law 92-544. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprint cards fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such adult persons to the proper law enforcement agency when the department is considering placement of a child in exigent circumstances for a name based check of such adult person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such exigent circumstances, the department shall submit two complete sets of fingerprint cards fingerprints of those adult persons in the MONDAY, MARCH 23, 2009 2411 placement home, together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. Fingerprint cards The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-3-35. Following the submission of such fingerprint cards fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. In the event that a child has been placed in exigent circumstances, a name based records search has been requested for any adult person of the placement household, and that adult refuses to provide fingerprints after being requested to do so by the department, the child shall be immediately removed from the placement household by the department, provided that the child is in the custody of the department. (h) The department shall be authorized to conduct a name or descriptor based check of any adult person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation without the consent of such adult person and without fingerprint comparison to the fullest extent permissible by federal and state law. 49-2-14.1. (a) As used in this Code section, the term: (1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses: (A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or 2412 JOURNAL OF THE SENATE (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (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)(11) of subsection (b) and subsection (c) of Code Section 37-1-20 49-2-6; or (D)(B) Child welfare agency required to be licensed under Code Section 49-5-12. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: (A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means two sets of classifiable fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form MONDAY, MARCH 23, 2009 2413 as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC both sets of the fingerprints and the records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the 2414 JOURNAL OF THE SENATE circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the The GCIC, the department, any law enforcement agency, nor and the employees of any such entities shall not be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of this title or Article 11 of Chapter 7 of Title 31. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section. 49-2-15. When any action is brought against the Department of Human Resources Services, the Board of Human Resources Services, the commissioner of human resources services, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner of human resources services personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The MONDAY, MARCH 23, 2009 2415 provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice. 49-2-16. (a) There is created a Georgia Council for Welfare Administration. The objectives for of the council shall be: (1) To promote improvements in public welfare and social service programs of the Division of Family and Children Services within the Department of Human Resources Services; (2) To provide a forum for the interchange of information relating to welfare and social service programs; and (3) To promote with any organization exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986 a more efficient public welfare delivery system for the citizens of this state. (b) Membership in the council shall be open to persons actively employed in the Division of Family and Children Services within the Department of Human Resources Services. (c) No state funds shall be appropriated for the benefit or use of the council. (d) The council is authorized to adopt bylaws which prescribe its organizational structure, officers, terms and condition of office, meeting schedules, and such other organizational procedures as are necessary for its lawful and effective functioning. (e) The commissioner of human resources services shall call the initial meeting of the council at which time the council shall organize and select its officers. 49-2-17. (a) This Code section shall be applicable to any agency, facility, institution, community living arrangement, or entity subject to regulation by the department under Chapter 5 of this title or paragraph (11) of subsection (b) of Code Section 49-2-6. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has: (1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provision 2416 JOURNAL OF THE SENATE of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (e) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (f) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during MONDAY, MARCH 23, 2009 2417 the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (g) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (h) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (m) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section. 49-2-18. (a)(1) The commissioner may order the emergency relocation of patients or residents from a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; 2418 JOURNAL OF THE SENATE (B) Relocation to the nearest appropriate community living arrangement; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when one or more of the following conditions are present: (A) The community living arrangement is operating without a license; (B) The department has denied application for a license or has initiated action to revoke the existing license of the community living arrangement; (C) The community living arrangement is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the community living arrangement. (2) A monitor may be placed, pursuant to this subsection, in a community living arrangement for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the community living arrangement. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the community living arrangement nor shall the monitor be liable for any actions of the community living arrangement. The costs of placing a monitor in a community living arrangement shall be paid by the community living arrangement unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when the community living arrangement has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (A) Could jeopardize the health and safety of the residents or patients in the community living arrangement if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to a community living arrangement may be suspended until the violation has been corrected or until the department has determined that the community living arrangement has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any community living arrangement affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall MONDAY, MARCH 23, 2009 2419 thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner. ARTICLE 2 49-2-20. As used in this part, the term: (1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a residential child care licensing law. (2) 'Residential child care licensing law' means this chapter and Chapter 5 of this title and any rule or regulation duly promulgated thereunder. 49-2-21. The commissioner or the commissioner's designee, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this part. Such warrant shall authorize the commissioner or the commissioner's designee to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated pursuant to a residential child care licensing law. 49-2-22. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when the judge is satisfied that the following conditions are met: (1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this part. 49-2-23. The inspection warrant shall be validly issued only if it meets the following 2420 JOURNAL OF THE SENATE requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced. 49-2-24. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this part shall be competent as evidence in any criminal proceeding against any party. 49-2-25. The Department of Human Services is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of a residential child care licensing law as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs." SECTION 2-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Human Services": (1) Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or modification of license, permit, or certification for use and application of pesticides; (2) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (3) Code Section 12-6-49.1, relating to denial or suspension of license for noncompliance with child support order; (4) Code Section 15-11-8, relating to expenses charged to county and payment by parents on court order; (5) Code Section 15-11-14, relating to emergency care and supervision of a child by the Department of Human Resources; MONDAY, MARCH 23, 2009 2421 (6) Code Section 15-11-15, relating to detainment of child in temporary protective custody of a physician; (7) Code Section 15-11-19, relating to the establishment of the Council of Juvenile Court Judges; (8) Code Section 15-11-55, relating to disposition of a deprived child; (9) Code Section 15-11-58, relating to reasonable efforts regarding reunification of family; (10) Code Section 15-11-71, relating to supervision fees for juvenile courts; (11) Code Section 15-11-103, relating to placement of a child following a termination order; (12) Code Section 15-11-171, relating to definitions relative to the "Georgia Child Advocate for the Protection of Children Act"; (13) Code Section 15-11A-4, relating to appointment of personnel to the Family Court Division of the Superior Court of Fulton County; (14) Code Section 15-18-14, relating to appointment of prosecuting attorneys; (15) Code Section 18-4-131, relating to definitions relative to continuing garnishment for family support; (16) Code Section 19-6-15, relating to child support in final verdict or decree; (17) Code Section 19-6-31, relating to definitions relative to income deduction orders; (18) Code Section 19-6-33.1, relating to the family support registry; (19) Code Section 19-6-51, relating to members of the Georgia Child Support Commission; (20) Code Section 19-7-5, relating to reporting of child abuse; (21) Code Section 19-7-6, relating to reporting of juvenile drug use; (22) Code Section 19-7-22, relating to petitions for legitimation of child; (23) Code Section 19-7-40, relating to jurisdiction and administrative determination of paternity; (24) Code Section 19-7-43, relating to petitions to establish paternity of a child; (25) Code Section 19-7-52, relating to whom support payments may be made; (26) Code Section 19-7-54, relating to motions to set aside determination of paternity; (27) Code Section 19-8-1, relating to definitions relative to adoption; (28) Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party; (29) Code Section 19-8-23, relating to where records of adoption are kept; (30) Code Section 19-8-26, relating to how surrender of parental rights is executed; (31) Code Section 19-9-122, relating to delegation of authority for the care of a minor child; (32) Code Section 19-9-129, relating to the power of attorney form for the care of a minor child; (33) Code Section 19-10A-5, relating to investigating and reporting utilization of provisions under the "Safe Place for Newborns Act of 2002"; 2422 JOURNAL OF THE SENATE (34) Code Section 19-10A-6, relating to reimbursement of medical costs under the "Safe Place for Newborns Act of 2002"; (35) Code Section 19-11-3, relating to definitions relative to the "Child Support Recovery Act"; (36) Code Section 19-11-9.1, relating to duty to furnish information about obligor to the Department of Human Resources; (37) Code Section 19-11-9.2, relating to duty of employers to report hiring or rehiring of persons; (38) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; (39) Code Section 19-11-18, relating to collection procedures for child support payments in arrears; (40) Code Section 19-11-30.1, relating to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (41) Code Section 19-11-30.2, relating to definitions relative to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (42) Code Section 19-11-30.3, relating to the responsibility of the Department of Human Resources Bank Match Registry; (43) Code Section 19-11-58, relating to the Department of Human Resources designated as the state information agency under the "Uniform Reciprocal Enforcement of Support Act"; (44) Code Section 19-11-102, relating to designated tribunals under the "Uniform Interstate Family Support Act"; (45) Code Section 19-11-110, relating to jurisdiction under the "Uniform Interstate Family Support Act"; (46) Code Section 19-11-127, relating to authority of district attorney to represent the Department of Human Resources in a proceeding under the "Uniform Interstate Family Support Act"; (47) Code Section 19-11-129, relating to the Department of Human Resources as the state information agency under the "Uniform Interstate Family Support Act"; (48) Code Section 19-13-20, relating to definitions relative to family violence shelters; (49) Code Section 19-15-2, relating to child abuse protocol committees; (50) Code Section 19-15-3, relating to county multiagency child fatality review committees; (51) Code Section 20-1A-60, relating to definitions relative to the Georgia Child Care Council; (52) Code Section 20-2-133, relating to free public instruction for children in elementary and secondary education; (53) Code Section 20-2-250, relating to projects to improve effectiveness in elementary and secondary education; (54) Code Section 20-2-696, relating to duties of visiting teachers and attendance officers; MONDAY, MARCH 23, 2009 2423 (55) Code Section 20-3-660, relating to creation of a program of postsecondary grants for foster children and adopted children; (56) Code Section 29-4-2, relating to qualifications of guardians selected for adults; (57) Code Section 29-4-3, relating to order of preference in selection of guardians; (58) Code Section 29-9-10, relating to oath by a duly appointed delegate of the Department of Human Resources; (59) Code Section 29-10-3, relating to qualifications and requirements of public guardians; (60) Code Section 29-10-4, relating to registration of public guardians with the probate court; (61) Code Section 29-10-10, relating to compensation of public guardians; (62) Code Section 29-10-11, relating to appropriation of funds for compensation of public guardians in certain circumstances; (63) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (64) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (65) Code Section 30-5-3, relating to definitions relative to the "Disabled Adults and Elder Persons Protection Act"' (66) Code Section 30-5-10, relating to cooperative effort in development of programs relating to the abuse and exploitation of persons 65 years of age or older; (67) Code Section 31-7-282, relating to collection and submission of health care data; (68) Code Section 31-8-52, relating to the establishment of a long-term care ombudsman program; (69) Code Section 31-8-116, relating to involuntary transfer of residents discharged from a long-term care facility; (70) Code Section 31-10-9.1, relating to social security account information of parents with respect to vital records; (71) Code Section 34-8-199, relating to uncollected overissuance of food stamp coupons; (72) Code Section 39-4-1, relating to the definition of "appropriate public authority" with respect to the Interstate Compact on the Placement of Children; (73) Code Section 39-4-2, relating to the definition of "appropriate authority in the receiving state" with respect to the Interstate Compact on the Placement of Children; (74) Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees; (75) Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order; (76) Code Section 42-1-12, relating to the state sexual offender registry; (77) Code Section 42-9-58, relating to effect of state pardons and paroles laws on other laws respecting parole and probation; (78) Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses by a professional licensing board; (79) Code Section 45-9-4, relating to the commissioner of administrative services to 2424 JOURNAL OF THE SENATE purchase insurance or indemnity contracts; (80) Code Section 45-13-22, relating to distribution of Georgia Laws and journals of the House of Representatives and Senate; (81) Code Section 46-4-152, relating to definitions relative to the "Natural Gas Competition and Deregulation Act"; (82) Code Section 46-4-158.3, relating to adequate and accurate consumer information disclosure statements; (83) Code Section 48-7-29.15, relating to a tax credit for the adoption of a foster child; (84) Code Section 49-3-1, relating to establishment of county and district departments, boards, and directors; (85) Code Section 49-3-3, relating to appointment of county director; bond of county director; (86) Code Section 49-3-4, relating to appointment of staff, salaries, and power of the commissioner of human resources to transfer employees; (87) Code Section 49-3-6, relating to functions of county departments of family and children services; (88) Code Section 49-4-2, relating to definitions relative to public assistance; (89) Code Section 49-4-3, relating to establishment of categories of public assistance; (90) Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistance; (91) Code Section 49-4-8, relating to applications for public assistance; (92) Code Section 49-4-9, relating to investigation and record concerning application for public assistance; (93) Code Section 49-4-14, relating to regulations as to records relating to public assistance; (94) Code Section 49-4-36, relating to payment of assistance for needy individuals who are 65 years of age or older after recipient moves to another county; (95) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (96) Code Section 49-4-56, relating to reexamination of recipient's eyesight under the "Aid to the Blind Act"; (97) Code Section 49-4-60, relating to payment of assistance for needy blind individuals after recipient moves to another county; (98) Code Section 49-4-85, relating to payment of assistance for needy individuals who are totally and permanently disabled after recipient moves to another county; (99) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program; (100) Code Section 49-4-171, relating to a hearing on the petition for a personal representative to manage assistance payments; (101) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (102) Code Section 49-4-183, relating to administration of the temporary assistance MONDAY, MARCH 23, 2009 2425 for needy families program by the Department of Human Resources; (103) Code Section 49-4-190, relating to construction of the laws relating to the temporary assistance for needy families program; (104) Code Section 49-5-4, relating to the coordination of other state departments, agencies, officers, and employees for children and youth services; (105) Code Section 49-5-7, relating to development and administration of public child welfare and youth services; (106) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources with respect to programs and protection for children and youth; (107) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; (108) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records; (109) Code Section 49-5-41.1, relating to inspection and retention of records of juvenile drug use; (110) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (111) Code Section 49-5-130, relating to legislative findings and intent relative to the Governor's Office for Children and Families; (112) Code Section 49-5-154, relating to study of youth needs for delinquency prevention and community based services; (113) Code Section 49-5-180, relating to definitions relative to a central child abuse registry; (114) Code Section 49-5-281, relating to the bill of rights for foster parents; (115) Code Section 49-6-20, relating to the creation of the Council on Aging; (116) Code Section 49-6-60, relating to legislative intent for community care and services for the elderly; (117) Code Section 49-6-61, relating to definitions relative to community care and services for the elderly; (118) Code Section 49-6-72, relating to definitions relative to the "Georgia Family Caregiver Support Act"; (119) Code Section 49-6-81, relating to the legislative intent of the "Adult Day Center for Aging Adults Licensure Act"; (120) Code Section 49-6-82, relating to definitions relative to the "Adult Day Center for Aging Adults Licensure Act"; (121) Code Section 50-5-136, relating to the powers and authority of the State Use Council; and (122) Code Section 50-27-55, relating to setoff of debt collection against lottery prizes applicable to prizes of $5,000.00 or more. SECTION 2-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Human 2426 JOURNAL OF THE SENATE Services": (1) Code Section 9-10-152, relating to grounds for continuance in any case pending in the courts of this state for attendance by a board member at meeting of Board of Human Resources; (2) Code Section 17-8-30, relating to grounds for granting of continuances in any case pending in the courts of this state for party or party's counsel in attendance as a board member at meeting of Board of Human Resources; (3) Code Section 19-11-5, relating to debt to state created by payment of public assistance under the "Child Support Recovery Act"; (4) Code Section 30-5-6, relating to cooperation of other public agencies with the director of the Division of Aging Services of the Department of Human Resources under the "Disabled Adults and Elder Persons Protection Act"; (5) Code Section 45-10-40, relating to prohibitions on contracting with state institutions; (6) Code Section 45-10-41, relating to penalty for profiting from contracts with state institutions generally; (7) Code Section 49-3-6, relating to functions of county departments of family and children services; (8) Code Section 49-4-11, relating to award and payment of public assistance to needy persons; (9) Code Section 49-4-12, relating to periodic redetermination of public assistance awards; (10) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (11) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (12) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (13) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; and (14) Code Section 49-6-62, relating to the establishment of community care unit in the Division of Aging Services of the Department of Human Resources. SECTION 2-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of human services": (1) Code Section 19-8-16, relating to investigation by child-placing agency or other agent with respect to adoption; (2) Code Section 19-8-23, relating to where records of adoption are kept; (3) Code Section 19-11-9, relating to location of absent parents by the Department of Human Resources with respect to the "Child Support Recovery Act"; (4) Code Section 19-11-11, relating to issuance of subpoenas by the Department of MONDAY, MARCH 23, 2009 2427 Human Resources with respect to the "Child Support Recovery Act"; (5) Code Section 19-11-18, relating to collection procedures with respect to the "Child Support Recovery Act"; (6) Code Section 19-11-30.6, relating to reciprocal agreements with other states with respect to the "Child Support Recovery Act"; (7) Code Section 19-11-30.7, relating to construction of the "Child Support Recovery Act"; (8) Code Section 19-11-30.8, relating to annual reports with respect to the "Child Support Recovery Act"; (9) Code Section 19-11-30.9, relating to information subject to disclosure with respect to the "Child Support Recovery Act"; (10) Code Section 19-11-30.11, relating to fee on levied accounts with respect to the "Child Support Recovery Act"; (11) Code Section 20-1A-61, relating to the members of the Child Care Council; (12) Code Section 28-5-60, relating to creation of the Claims Advisory Board; (13) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (14) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (15) Code Section 31-8-53, relating to duties of the state long-term care ombudsman; (16) Code Section 45-7-7, relating to compensation and allowances of certain public officials not to be changed without giving public notice; (17) Code Section 45-9-4, relating to commissioner of administrative services to purchase insurance or indemnity contracts insuring or indemnifying state officers, officials, or employees against personal liability; (18) Code Section 49-3-3, relating to appointment of the director of each county board of family and children services; (19) Code Section 49-3-4, relating to appointment of the staff of each county board of family and children services; (20) Code Section 49-4-15.1, relating to examination of financial records in instances of alleged fraud by recipients of food stamps and public assistance; (21) Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice; (22) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (23) Code Section 49-8-3, relating to definitions relative to "The Economic Rehabilitation Act of 1975"; (24) Code Section 50-5-69, relating to state purchases without competitive bidding; and (25) Code Section 50-5-135, relating to the creation of the State Use Council. SECTION 2-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Office of Aging" or "Office of Aging Section" wherever it occurs with 2428 JOURNAL OF THE SENATE "Division of Aging Services": (1) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (2) Code Section 49-6-5, relating to the creation of the Office of Aging Section within the Department of Human Resources; and (3) Code Section 49-6-20, relating to the creation of the Council on Aging. SECTION 2-6. Code Section 10-1-395 of the Official Code of Georgia Annotated, relating to the appointment and duties of the administrator and the creation of the Consumer Advisory Board, is amended by revising subsection (a) as follows: "(a) The administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the administrator shall be attached to the office of the Governor for administrative purposes only. The administrator shall perform all functions formerly performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources (now known as the Department of Human Services)." SECTION 2-7. Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to commitment of child 13 to 17 years of age to custody of Department of Corrections, is amended by revising paragraph (2) of subsection (e) as follows: "(2) During the placement or any extension thereof: (A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or such commissioner's designated deputy; (B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Resources Services, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health; (C) The child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and MONDAY, MARCH 23, 2009 2429 (D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and" SECTION 2-8. Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to definitions relative to child abuse, is amended by revising paragraph (4) as follows: "(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Health, Department of Behavioral Health, or the Department of Human Resources Services or any county board of health or county department of family and children services." SECTION 2-9. Code Section 20-1A-3 of the Official Code of Georgia Annotated, relating to the commissioner and board of the Department of Early Care and Learning, is amended by revising subsection (d) as follows: "(d) The board shall determine policies and promulgate rules and regulations for the operation of the department including: (1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; (3) Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17." SECTION 2-10. Code Section 20-1A-4 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Early Care and Learning, is amended by revising paragraph (8) as follows: "(8) To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8;" SECTION 2-11. Code Section 20-1A-8 of the Official Code of Georgia Annotated, relating to the transfer of functions, powers, personnel, equipment, and assets from Department of Human 2430 JOURNAL OF THE SENATE Resources to the Department of Early Care and Learning, is amended by revising subsections (a) and (b) as follows: "(a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources (now known as the Department of Human Services) for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources, (now known as the Department of Human Services) which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004." SECTION 2-12. Code Section 20-1A-9 of the Official Code of Georgia Annotated, relating to the authority to license and regulate day-care centers, group day-care homes, and family daycare homes transferred to the Department of Early Care and Learning, is amended as follows: "20-1A-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or MONDAY, MARCH 23, 2009 2431 nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board." SECTION 2-13. Code Section 24-9-101, of the Official Code of Georgia Annotated, relating to definitions relative to use of sign language and intermediary interpreter in administrative and judicial proceedings, is amended by revising paragraph (2) as follows: "(2) 'Department' means the Department of Human Resources Labor." SECTION 2-14. Chapter 4 of Title 31 of the Official Code of Georgia Annotated, relating to the Council on Maternal and Infant Health, is repealed in its entirety and reserved. SECTION 2-15. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to definitions relative to the long-term care ombudsman, is amended by adding a new paragraph to read as follows: "(1.1) 'Department' means the Department of Human Services." SECTION 2-16. Code Section 31-8-82 of the Official Code of Georgia Annotated, relating to reporting abuse or exploitation of a resident in a long-term care facility, is amended by revising subsection (a) as follows: "(a) Any: (1) Administrator, manager, physician, nurse, nurse's aide, orderly, or other employee in a hospital or facility; (2) Medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, or psychologist; or (3) Employee of a public or private agency engaged in professional services to residents or responsible for inspection of long-term care facilities who has knowledge that any resident or former resident has been abused or exploited while residing in a long-term care facility shall immediately make a report as described in subsection (c) of this Code section by telephone or in person to the department. In the event that an immediate report to the department is not possible, the person shall make the report to the appropriate law enforcement agency. Such person shall also make a written report to the Department of Human Resources Services within 24 hours after making the initial report." SECTION 2-17. Code Section 34-15-2 of the Official Code of Georgia Annotated, relating to the July 2001 transfer of the Division of Rehabilitation Services to the Department of Labor, is amended by revising subsection (a) as follows: 2432 JOURNAL OF THE SENATE "(a) The Division of Rehabilitation Services within the Department of Human Resources (now known as the Department of Human Services), including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Board of Human Resources (now known as the Board of Human Services) or the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001." SECTION 2-18. Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, is amended by revising paragraphs (14) and (33) of subsection (o) as follows: "(14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Services to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population." "(33) A special license plate supporting programs for the treatment of autism. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Behavioral Health for the support of programs for the treatment of autism in Georgia." SECTION 2-19. Code Section 43-26-51 of the Official Code of Georgia Annotated, relating to the purpose of the "Georgia Qualified Medication Aide Act," is amended as follows: "43-26-51. The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through the delegation of certain activities performed by registered professional nurses and licensed practical nurses to persons who are certified as qualified medication aides and who are employed by and working in community living arrangements established by the Department of Human Resources Services pursuant to paragraphs (15) and (16) paragraph (11) of subsection (b) of Code Section 37-1-20 492-6." SECTION 2-20. Code Section 43-26-52 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Qualified Medication Aide Act," is amended by revising MONDAY, MARCH 23, 2009 2433 paragraph (3) as follows: "(3) 'Community living arrangement' means any residence, whether operated for profit or not for profit, which undertakes through its ownership or management to provide or arrange for the provision of daily personal services, support, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage which is established by the Department of Human Resources Services pursuant to paragraph (16) (11) of subsection (b) of Code Section 37-1-20 492-6 and whose services are financially supported, in whole or part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Human Services. A community living arrangement is also referred to as a 'residence.'" SECTION 2-21. Code Section 45-20-90 of the Official Code of Georgia Annotated, relating to definitions relative to random drug testing of public employees in high-risk jobs, is amended by revising paragraph (2) as follows: "(2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources State Personnel Board." SECTION 2-22. Code Section 46-1-5 of the Official Code of Georgia Annotated, relating to duties of the Department of Human Resources with regard to assistance to low or fixed income consumers of gas and electric service, is amended as follows: "46-1-5. By March 2, 1982, the Department of Human Resources (now known as the Department of Human Services) shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion, should benefit from public assistance in paying their bills for gas and electric service. The department shall also establish an efficient and economical method for distributing to such consumers all public assistance funds which will be made available, whether by appropriations of state or federal funds, grants, or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its program. Nothing in this Code section shall limit the commission's authority to order regulatory alternatives which assist low or fixed income ratepayers." SECTION 2-23. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to setoff debt collection, is amended as follows: "48-7-161. As used in this article, the term: 2434 JOURNAL OF THE SENATE (1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Resources Services and the Department of Behavioral Health with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section 49-4-15, and Chapter 9 of Title 37; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult. (2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, any sum which is due and owing any person and is enforceable by the Department of Human Resources Services pursuant to subsection (b) of Code Section 19-11-8, or any sum of restitution or reparation due pursuant to a sentence imposed on a person convicted of a crime and sentenced to restitution or reparation and probation. (3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy. (4) 'Refund' means the Georgia income tax refund which the department determines to be due any individual taxpayer." SECTION 2-24. Code Section 49-4A-5 of the Official Code of Georgia Annotated, relating to transfer of functions and employees of the Division of Youth Services, is amended by revising subsection (b) as follows: MONDAY, MARCH 23, 2009 2435 "(b) Any employees of the Department of Juvenile Justice who became so employed by virtue of their transfer from the Division of Youth Services of the Department of Human Resources (now known as the Department of Human Services) on June 30, 1992, shall retain their compensation and benefits and such may not be reduced. Transferred employees who were subject to the State Merit System of Personnel Administration 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 July 1, 1992, 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, 1992. Accrued annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department." SECTION 2-25. Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions relative to employees' record checks for day-care centers, is amended by revising paragraph (1) as follows: "(1) 'Center' means a child-caring institution or child-placing agency child welfare agency, as defined in subsection (a) of Code Section 49-5-12, which is required to be licensed or registered under Article 1 of this chapter." SECTION 2-26. Code Section 49-5-69.1 of the Official Code of Georgia Annotated, relating to fingerprint and preliminary records check for foster homes, is amended as follows: "49-5-69.1. (a) No licensed child-placing agency child welfare agency, as defined in this chapter subsection (a) of Code Section 49-5-12, shall place a child in a foster care home unless the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have received a satisfactory preliminary records check determination. Additionally, no child shall continue to be placed in such foster care home unless the foster parent or parents also subsequently receive a satisfactory fingerprint records check determination. A child-placing agency child welfare agency or any applicant for a license for such an agency shall be required to submit to the department a preliminary records check application and a records check application for the foster parent or parents of any foster care home used by the agency and a preliminary records check application for any other adult persons that reside in the home or provide care to children placed in the home. In lieu of such applications, the agency or license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months such foster parent or parents or other adult persons have received a satisfactory fingerprint records check determination or a satisfactory preliminary records check determination. (b) After receiving or obtaining the fingerprint records check determinations or the 2436 JOURNAL OF THE SENATE preliminary records check determinations, the department shall notify in writing the agency or license applicant as to each person for whom an application was received regarding whether the department's determinations were satisfactory or unsatisfactory. If any such determinations are unsatisfactory, such homes shall not be used by the child-placing agency child welfare agency as foster care homes. (c) The department shall have the authority to take any of the actions enumerated in subsection (c) of Code Section 31-2-6 49-2-17 if a licensed child-placing agency child welfare agency or an applicant for such a license violates any provision of this Code section. (d) An executive director of a child-placing agency child welfare agency that uses a foster care home with a foster parent or parents or other adult persons referenced in this Code section whom the executive director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor. (e) In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation of a foster home or to serve as foster parents as provided in this article. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the Federal Bureau of Investigation." SECTION 2-27. Code Section 49-6-84 of the Official Code of Georgia Annotated, relating to the authority of the Department of Human Resources to promulgate rules and regulations under the "Adult Day Center for Aging Adults Licensure Act," is amended as follows: "49-6-84. The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-6 49-2-17. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 2-28. Code Section 49-8-4 of the Official Code of Georgia Annotated, relating to administration of "The Economic Rehabilitation Act of 1975," is amended by revising subsection (a) as follows: "(a) For purposes of administration, responsibility for the coordination of community services and fiscal accountability shall be determined by the commissioner of human resources services. SECTION 2-29. Code Section 50-5-136 of the Official Code of Georgia Annotated, relating to the powers and authority of the State Use Council, is amended by revising paragraph (4) of MONDAY, MARCH 23, 2009 2437 subsection (b) as follows: "(4) To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources (now known as the commissioner of human services for these purposes) as of February 8, 1994, shall not have to undergo the certification evaluation and approval process until 24 months from February 8, 1994;" PART III Department of Behavioral Health. SECTION 3-1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Chapter 1 and Article 1 of Chapter 2, relating to general provisions and administration of mental health, developmental disabilities, addictive diseases, and other disability services, respectively, as follows: "CHAPTER 1 ARTICLE 1 37-1-1. As used in this title, the term: (1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse a chronic, often relapsing, brain disease that causes compulsive alcohol or drug seeking and use despite harmful consequences to the individual who is addicted and to those around him or her. (2) 'Board' means the Board of Human Resources Behavioral Health. (3) 'Commissioner' means the commissioner of human resources behavioral health. (4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (5) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2. (6) 'County board of health' means a county board of health established in accordance with Chapter 3 of Title 31 and includes its duly authorized agents. (7) 'Department' means the Department of Human Resources Behavioral Health and 2438 JOURNAL OF THE SENATE includes its duly authorized agents and designees. (8) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (8) 'Developmental disability' means a severe, chronic disability of an individual that: (A) Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments; (B) Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities: (i) Self-care; (ii) Receptive and expressive language; (ii) Learning; (iv) Mobility; (v) Self-direction; (vi) Capacity for independent living; and (vii) Economic self-sufficiency; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated. When applied to infants and young children, the term means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided. (9) 'Disability' means: (A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease. (10) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (11) 'Disabled' means any person or persons having a disability. (12) 'Mentally ill' means having a mental illness. (13) 'Mental illness' means all diagnosable mental disorders, which includes all health conditions that are characterized by alterations in thinking, mood, or behavior, or a combination thereof. (9)(14) 'Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff. (10)(15) 'Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution. (11)(16) 'Physician' means any person duly authorized to practice medicine in this MONDAY, MARCH 23, 2009 2439 state under Chapter 34 of Title 43. (12)(17) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 4339-1. (13)(18) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (14)(19) 'Regional coordinator' means an employee of the department who acts as the department's agent and designee to manage community and hospital services for consumers of disability services within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(20) 'Regional office' means a Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources an office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the department and serve as the entity for the administration of disability services in a region. (16)(21) 'Regional planning board' means a mental health, developmental disabilities, and addictive diseases planning board established in accordance with Code Section 37-2-4.1. (17)(22) 'Regional services administrator' means an employee of the department who, under the supervision of the regional coordinator, manages the purchase or authorization of services, or both, for consumers of disability services, the assessment and coordination of services, and ongoing monitoring and evaluation of services provided within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (18)(23) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (19)(24) 'Resident' means a person who is a legal resident of the State of Georgia. 37-1-2. (a) The General Assembly finds that the state has a need to continually improve its system for providing effective, efficient, and quality mental health, developmental disability, and addictive disease services. The General Assembly also finds that the needs of the publicly funded mental health, developmental disability, and addictive disease system and the state can best be met through reorganizing the regional mental health, mental retardation, and substance abuse boards and certain functions of the Department of Human Resources. Further, the General Assembly finds that a 2440 JOURNAL OF THE SENATE comprehensive range of quality services and opportunities is vitally important to the existence and well-being of individuals with mental health, developmental disability, or addictive disease needs and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles which include, but are not limited to, the following: (1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services; (2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration; (3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need; (4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness; (5) Planning should reside begin at the local level, with the primary authority vested in and include local government, consumers, families, advocates, and other interested local parties; (6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable; (7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction; (8) The functions of service planning, coordination, contracting, resource allocation, and consumer assessment should be separated from the actual treatment, habilitation, and prevention services provided by contractors; (9) Consumers and families should have a single, community based point of entry into the system; (10) Consumers, staff, providers, and regional planning board and community service board members should receive ongoing training and education and should have access to key management resources such as information systems and technical and professional support services; and (11) The department is responsible for ensuring the appropriate use of state, federal, and other funds to provide quality services for individuals with mental health, developmental disabilities, or addictive disease needs who are served by the public system and to protect consumers of these services from abuse and maltreatment. (b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for mental health, developmental disability, and addictive disease programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As MONDAY, MARCH 23, 2009 2441 such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible. (c) The purpose of this chapter and Chapter 2 of this title is to provide for a comprehensive and improved mental health, developmental disability, and addictive disease services planning and delivery system in this state which will develop and promote the essential public interests of the state and its citizens. The provisions of this chapter and Chapter 2 of this title shall be liberally construed to achieve their purposes. 37-1-3. (a) There is created the Board of Behavioral Health which shall establish the general policy to be followed by the Department of Behavioral Health. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, with regard to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Board of Behavioral Health effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards. 37-1-4. (a) There is created a Department of Behavioral Health. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Department of Behavioral Health effective July 1, 2009. (b) There is created the position of commissioner of behavioral health. The 2442 JOURNAL OF THE SENATE commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (c) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department. 37-1-5. (a) The Department of Behavioral 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 Behavioral Health pursuant to Code Section 37-1-4 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 Behavioral Health pursuant to Code Section 37-1-4. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Behavioral Health by proper authority or as otherwise provided by law. (b) 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 Behavioral Health pursuant to Code Section 37-1-4 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 Behavioral Health. In all such instances, the Department of Behavioral Health shall be substituted for the Department of Human Resources, and the Department of Behavioral Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Behavioral Health pursuant to Code Section 37-1-4 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Behavioral Health in similar capacities, as determined by the commissioner of behavioral health. Such employees shall be subject to the employment practices and policies of the Department of Behavioral 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 MONDAY, MARCH 23, 2009 2443 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 Behavioral Health. (d) On July 1, 2009, the Department of Behavioral Health shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Behavioral Health pursuant to Code Section 37-1-4. ARTICLE 2 37-1-20. (a) The Division of Mental Health, Developmental Disabilities, and Addictive Diseases shall be a division of the department and shall be managed by a director whose qualifications meet standards set by the board. (b) The department, through the division, shall: (1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care, and treatment, and rehabilitation; recovery; and social, employment, housing, and community supports and services based on single or co-occurring diagnoses provided by the institutions, contractors, and programs under its control, management, or supervision; (3) Plan for and implement the coordination of mental health, developmental disability, and addictive disease services with physical health services, and the prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that the public and private providers of any of these services that receive state support notify other providers of services to the same patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering; (4) Ensure that providers of mental health, developmental disability, or addictive disease services coordinate with providers of primary and specialty health care so that treatment of conditions of the brain and the body can be integrated to promote recovery, health, and well-being; (3)(5) Have authority to contract for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services, and choice of providers for consumers, and to comply with the applicable federal laws, rules, and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (4)(6) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; 2444 JOURNAL OF THE SENATE (5)(7) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health and addictive disease recovery; (6)(8) Assign specific responsibility to one or more units of the division department for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (7)(9) Establish a system for regional administration of mental health, developmental disability, and addictive disease services in institutions and in the community under the supervision of a regional coordinator; (8)(10) Make and administer budget allocations to regional offices of the division established by the board pursuant to Code Section 37-2-4.1 to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (9)(11) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (10)(12) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (11)(13) Disseminate information about available services and the facilities through which such services may be obtained; (12)(14) Supervise the regional office's exercise of its responsibility and authority concerning funding and delivery of disability services; (13)(15) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (14)(16) Supervise the regional offices concerning making administration of contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the division department and the regional offices; (15)(17) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the division department, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the division; department; (16) Classify 'community living arrangements' and 'host homes' for persons whose services are financially supported, in whole or in part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. As used in this Code section, the term: MONDAY, MARCH 23, 2009 2445 (A) 'Community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage. (B) 'Host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the division. The division shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; and (17) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements. (c) The department shall: (1)(18) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division commissioner regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; (19) With respect to housing opportunities for persons with mental illness and cooccurring disorders: (A) Coordinate the department's programs and services with other state agencies and housing providers; (B) Facilitate partnerships with local communities; (C) Educate the public on the need for supportive housing; (D) Collect information on the need for supportive housing and monitor the benefit of such housing; and (E) Identify and determine best practices for the provision of services connected to housing; (2)(20) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; and (3)(21) Assign specific responsibility to one or more units of the division department for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such 2446 JOURNAL OF THE SENATE programs; and (4) Classify and license community living arrangements, as defined in paragraph (16) of subsection (b) of this Code section, in accordance with the rules and regulations promulgated by the department for the licensing of community living arrangements and the enforcement of licensing requirements. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-6 and 317-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable. 37-1-21. (a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities; state hospitals for the treatment of tubercular patients; programs for the care, custody, and treatment of addictive disease; and other facilities, institutions, or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties: (1) To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries as provided for by the pay plan covering positions under the State Merit System of Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the commissioner shall not be subject to the State Merit System of Personnel Administration or the rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (2) To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program; (3) To bring suit in its name for any claims which any such facility or institution may have, however arising; (4) To appoint police of such facilities, institutions, or programs who are authorized, while on the grounds or in the buildings of the respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated. If because of the contagious or infectious nature of the disease of MONDAY, MARCH 23, 2009 2447 persons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as provided in other cases. After trial and conviction of any such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution, or program; and (5) To have full authority to receive patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section. (b) The board is empowered to prescribe all rules and regulations for the management of such facilities, institutions, and programs not conflicting with the law. 37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental health, developmental disabilities, and addictive diseases programs. 37-1-23. The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and the division are is directed to make the board's and the department's rules available for distribution. 37-1-24. No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function. 37-1-25. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department. 2448 JOURNAL OF THE SENATE 37-1-26. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce. 37-1-27. (a) The General Assembly makes the following findings: (1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the department. (c) The department, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the Division of Aging Services and Division of Family and Children Services of the Department of Human Services, the Department of Health, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the department in reviewing suicide MONDAY, MARCH 23, 2009 2449 death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external causes of injury; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding. ARTICLE 3 37-1-40. All rules and regulations of the Board of Human Resources Behavioral Health shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' ARTICLE 4 37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act. (b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing. 37-1-51. Reserved. 37-1-52. Reserved. 37-1-53. Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be 2450 JOURNAL OF THE SENATE subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7166, and 37-7-167. ARTICLE 5 Part 1 37-1-70. As used in this chapter part, the term: (1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a 'public mental health law.' (2) 'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder. 37-1-71. The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title. 37-1-72. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when he the judge is satisfied that the following conditions are met: (1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this chapter part. 37-1-73. The inspection warrant shall be validly issued only if it meets the following MONDAY, MARCH 23, 2009 2451 requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced. 37-1-74. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter part shall be competent as evidence in any criminal proceeding against any party. Part 2 37-1-90. The Department of Human Resources Behavioral Health is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs. Part 3 37-1-100. Any person violating the provisions of this title shall be guilty of a misdemeanor. CHAPTER 2 ARTICLE 1 37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or developmentally disabled including individuals with epilepsy, cerebral palsy, autism, and other neurologically disabling conditions or who abuse alcohol, narcotics, 2452 JOURNAL OF THE SENATE or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the policy of this state to provide adequate mental health, developmental disability, addictive disease, and other disability services to all its citizens. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private. (c) It is the purpose of this chapter to enable and encourage the development of comprehensive, preventive, early detection, habilitative, rehabilitative, and treatment disability services; to improve and expand community programs for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities. (d) The provisions of this chapter shall be liberally construed to achieve the objectives set forth in this Code section. 37-2-2. As used in this chapter, the term: (1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse. (2)(1) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (2.1)(2) 'Community service board area' means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the division department pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (2.2)(3) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section. (4) 'Council' means the Behavioral Health Coordinating Council established pursuant to Code Section 37-2-4. (4) 'Developmental disability' includes mental retardation and other neurologically disabling conditions, including epilepsy, cerebral palsy, and autism, which require treatment similar to that for individuals with mental retardation. (5) 'Director' means the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (6) 'Disability' means: (A) Mental or emotional illness; (B) Developmental disability; or MONDAY, MARCH 23, 2009 2453 (C) Addictive disease. (7) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (8) 'Disabled' means any person or persons having a disability. (9) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (5) 'Health services' means any education or service provided by the Department of Health or by the Department of Human Services, either directly or by contract. (10)(6) 'Hospital' means a state owned or state operated facility providing services which include, but are not limited to, inpatient care and the diagnosis, care, and treatment or habilitation of the disabled. Such hospital may also provide or manage state owned or operated programs in the community. (11) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (12) 'Regional office' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the division which shall serve as the entity for the administration of disability services in a region. (13) 'Regional planning board' means a regional mental health, developmental disabilities, and addictive diseases board established in accordance with Code Section 37-2-4.1. 37-2-2.1. The Department of Human Resources shall have a Division of Mental Health, Developmental Disabilities, and Addictive Diseases. 37-2-3. (a) The board shall designate boundaries for mental health, developmental disabilities, and addictive diseases regions and may modify the boundaries of such regions from time to time as deemed necessary by the board. (b) The division department, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment of community service boards within this state for the purpose of delivering disability services. The division department shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The division department, with the approval of the commissioner, is authorized to redesignate two or more contiguous community service board areas as a single community service board area upon the request of the community service boards serving such areas; and, if so authorized, the assets, equipment, and resources of such 2454 JOURNAL OF THE SENATE community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area. (c) To the extent practicable, the boundaries for regional planning boards and offices and community service areas shall not subdivide any county unit or conflict with any districts established by the department Department of Health and the state relating to the planning for, or delivery of, health services. In dividing the state into areas, the board, and the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services. 37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Developmental Disabilities, and Addictive Diseases, referred to in this chapter as the 'Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member. There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health; the commissioner of health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor. (b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the MONDAY, MARCH 23, 2009 2455 commissioner, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governor's council shall also provide guidance and assistance to the regional planning boards, hospitals, community service boards, and other private or public providers in the performance of their duties. (b) The commissioner of behavioral health shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws. (c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days' public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent. (d) Except as otherwise provided in this Code section, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council. (e) The council shall: (1) Develop solutions to the systemic barriers or problems to the delivery of behavioral health services by making recommendations that implement funding, policy changes, practice changes, and evaluation of specific goals designed to improve services delivery and outcome for individuals served by the various departments; (2) Focus on specific goals designed to resolve issues for provision of behavioral health services that negatively impact individuals serviced by at least two departments; (3) Monitor and evaluate the implementation of established goals; and (4) Establish common outcome measures. (f)(1) The council may consult with various entities, including state agencies, councils, and advisory committees and other advisory groups as deemed appropriate by the council. 2456 JOURNAL OF THE SENATE (2) All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council. (g) The council shall be attached to the Department of Behavioral Health for administrative purposes only as provided by Code Section 50-4-3. (h)(1) The council shall submit annual reports of its recommendations and evaluation of their implementation to the Governor and the General Assembly. (2) The recommendations developed by the council shall be presented to the board of each member department for approval or review at least annually. (i) For purposes of this Code section, the term 'behavioral health services' has the same meaning as 'disability services' as defined in Code Section 37-1-1. 37-2-4.1. (a) The division department shall create regional mental health, developmental disabilities, and addictive diseases offices. The number of these offices may be modified from time to time as deemed necessary by the division department. (b) The division department shall create a separate regional mental health, developmental disabilities, and addictive diseases planning board for each regional office established under subsection (a) of this Code section. Each board shall provide and facilitate coordinated and comprehensive planning for its region in conformity with minimum standards and procedures established by the division department. Each board shall be designated with such identifying words before the term 'regional mental health, developmental disabilities, and addictive diseases planning board' as that regional planning board may, from time to time, choose and designate by official action. (c) The powers, functions, obligations, and duties of the regional mental health, mental retardation, and substance abuse boards as they existed on June 30, 2002, are transferred to the department. The department shall succeed to all rights, privileges, entitlements, contracts, leases, agreements, and other transactions of the regional boards which were in effect on June 30, 2002, and none of those rights, privileges, entitlements, contracts, leases, agreements, and other transactions shall be impaired or diminished by reason of such transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. 37-2-5. (a) Each regional planning board shall engage in disability services planning within its region and shall perform such other functions as may be provided or authorized by law. (b) Membership on the regional planning board within an established region shall be determined as follows: (1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the MONDAY, MARCH 23, 2009 2457 board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the local board of education, or any other elected or appointed official to serve on the regional planning board, provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on a community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2)(1) A person shall not be eligible to be appointed to or serve on a regional planning board if such person is: (A) A member of the community service board which serves that region; or (B) An employee or board member of a private or public entity which contracts with the department, through the division, the Department of Human Services, or the Department of Health to provide health, mental health, developmental disabilities, or addictive diseases services within the region; or (C) An employee of such regional office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional office. ;or (D) An employee or board member of the department, the Department of Human Services, or the Department of Health. (2) A person shall not be eligible to be appointed to or serve on a regional planning board if such person's spouse, parent, child, or sibling is a member of that regional planning board or a member, employee, or board member specified in subparagraph (A), (B), or (C) of paragraph (1) of this subsection. No person who has served a full term or more on a regional board or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on the regional board or the regional planning board. No person who has served on a regional board and who becomes a member of a regional planning board on June 30, 2002, may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (c) In making appointments to the regional planning board, the various county governing authorities shall ensure that appointments are reflective of the cultural and 2458 JOURNAL OF THE SENATE social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional planning board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. (d)(1) In addition, members of the regional mental health, mental retardation, and substance abuse boards in office on June 30, 2002, shall become members of the regional planning board for the area in which they reside on July 1, 2002, and shall serve out the balance of their terms. (2) The initial term of a new member of a regional planning board shall be determined by the commissioner in order to establish staggered terms on the board. At such time as the terms of the members of the board are equally staggered, the term of a member of the regional planning board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional planning board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity or such other reasonable condition as the regional planning board may impose under its bylaws. Vacancies on the regional planning board shall be filled in the same manner as the original appointment. (e) Prior to August 1, 2002, each regional planning board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered terms of the board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chairperson and vice chairperson of the regional planning board shall be elected from among the members of the board to serve a term of one year with the option of reelection for an additional oneyear term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. Prior to their adoption by the regional planning board, the bylaws shall be submitted to the division department for review and approval. The regional planning board must have the written approval of the director of the division commissioner prior to the adoption of bylaws. (f) The regional planning board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be MONDAY, MARCH 23, 2009 2459 the fiscal year for each regional planning board. (g) Each member of the regional planning board may, upon approval of the regional coordinator, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (h) Each regional planning board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section. 37-2-5.1. (a) Each region shall be served by a regional coordinator, who shall be duly qualified and appointed by the director of the division commissioner. The regional coordinator shall serve as the supervisor of the regional office, which shall be a unit of the division department. The regional coordinator shall serve at the pleasure of the division director commissioner. The director of the division commissioner shall be authorized to appoint an interim regional coordinator at any time that the position of regional coordinator is vacant and prior to the appointment of a duly qualified and approved successor. (b) The regional coordinator may appoint such other staff including a regional services administrator and a regional state hospital administrator and personnel to work for the regional office as the division department deems necessary and appropriate. The regional coordinator and such staff and personnel shall be employees of the division department. Expenses for the regional office and planning board, the employment of the regional coordinator, other staff and personnel, and the operation of the regional office shall be funded by the division department as funds are appropriated by the General Assembly. The department and the division shall impose limits on the administrative and operating expenditures of the regional office and planning board. (c)(1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a given region shall be managed through the division department; the term 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division department shall establish a funding amount for regions conditioned upon the amount of funds appropriated. The funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2) The division department shall establish guidelines to ensure that regions receive such funding based on client population, past and future service delivery needs and 2460 JOURNAL OF THE SENATE capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division department shall ensure that funds are managed based primarily on services to clients and in compliance with all federal, state, and regulatory requirements. (3) The division department, in compliance with the provisions of the General Appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division department shall develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization. 37-2-5.2. (a) Under the supervision of the division department, each regional office shall have the following duties and functions: (1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan for the funding and provision of all disability services in the region. The plan shall be submitted to the division department at a time and in the manner specified by the division department so as to ensure that the plan is a basis for the annual appropriations request; (2) To provide, as funds become available, for consumer assessment and service authorization and coordination for each consumer receiving services within the region; (3) To exercise responsibility and authority as specified in this chapter within the region in all matters relating to the funding and delivery of disability services; (4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services; (5) To enter into contracts on behalf of the division department with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to enter into all contracts on behalf of the division department necessary or incidental to the performance of duties and functions of the division department and regional office; (6) To encourage the development, in cooperation with the division department, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region; (7) To serve as the representative of the citizens of the area in regard to disability services; (8) To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service; MONDAY, MARCH 23, 2009 2461 (9) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; (10) To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the division department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and (11) To participate with other regional offices and planning boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities: (A) To work cooperatively with all units of county and local government, including the county boards of health, within the region; (B) To establish goals and objectives, not inconsistent with those established by the division and the department, for its region; and (C) To participate in the establishment and operation of a data base and network, coordinated by the division department, to serve as a comprehensive management information system for disability services and programs. (b) It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the division department the flexibility and authority necessary to enter into contracts on behalf of the division department with a wide range of public and private providers to ensure that consumers are afforded cost-effective, locally based, and quality disability services. Under the supervision of the division department, regional offices are specifically authorized to enter into contracts on behalf of the division department directly with any county governing authority, any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. (c) Each regional office shall account for all funds received, expended, and administered and shall make reports to the division department and to the Department of Human Services regarding the funds received from each such department. The audit of such activity shall be part of the annual audit of the appropriate department. 37-2-6. (a) Community service boards in existence on June 30, 2006, are re-created effective July 1, 2006, to provide mental health, developmental disabilities, and addictive diseases services. Such Effective July 1, 2009, such community service boards may enroll and contract with the department, the Department of Human Services, or the Department of Health to become a provider of mental health, developmental disabilities, and addictive diseases services or health services. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state; provided, however, the liabilities, debts, 2462 JOURNAL OF THE SENATE and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained. (b) Each community service board shall consist of members appointed by the governing authorities of the counties within the community service board area. Membership on such community service board shall be determined as follows: (1)(A) The governing authority of each county within the community service board area: (i) With a population of 50,000 or less according to the most recent United States decennial census shall appoint one member to the board; and (ii) With a population of more than 50,000 according to the most recent United States decennial census shall appoint one member for each population increment of 50,000 or any portion thereof; or (B) In the event that the number of community service board member positions established in accordance with subparagraph (A) of this paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly: (i) For community service boards whose community service board area contains 13 or fewer counties, the board shall be set at 13 members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all 13 members of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and (ii) For community service boards whose community service board area contains more than 13 counties, one member of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the board is equal to the number of counties in the community service board area. The county governing authority shall appoint as at least one of its appointments a consumer of disability services, a child psychiatrist, a family member of a consumer, an advocate for disability services or for health services, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases or health services; provided, however, that for counties with more MONDAY, MARCH 23, 2009 2463 than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (2) In addition to the members appointed pursuant to paragraph (1) of this subsection, each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows: (A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed the maximum number of members. Any additional positions created in conformity with such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July 1, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30, 2006, shall expire on June 30, 2006; and 2464 JOURNAL OF THE SENATE (4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is: (i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division department, the Department of Human Services, or the Department of Health to provide mental health, developmental disabilities, and addictive diseases services or health services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (1) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources (now known as the Department of Behavioral Health for these purposes) or an employee of a county board of health may shall not serve on a community service board. For terms of office which begin July 1, 2009, or later, an employee of the department, the Department of Human Services, or the Department of Health or a board member of the respective boards of each department shall not serve on a community service board. (c) In making appointments to the community service board, the county governing authorities shall ensure that such appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is and consumers of health services are represented on the community service board, and in making such MONDAY, MARCH 23, 2009 2465 appointments the county governing authorities may consider suggestions from clinical professional associations as well as advocacy groups. For the purposes of this subsection, 'advocacy groups' means any organizations or associations that advocate for, promote, or have an interest in disability services or health services and are exempted as a charitable organization from federal income tax pursuant to Section 501(c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services or health services. (c.1) A county governing authority in making appointments to the community service board shall take into consideration that at least one member of the community service board is an individual who is trained or certified in finance or accounting; provided, however, if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with financial or accounting practices. (d) Each county in which the governing authority of the county is authorized to appoint members to the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on June 30, 2006, shall continue to exist along with the new powers granted to the community service boards effective July 1, 2006. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if: (1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts adopted a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits submitted a copy of such resolution to the former division before July 1, 1993; or (2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits submitted a written agreement to the former division and to all counties within such service area to serve as the community service board for that area and to continue providing 2466 JOURNAL OF THE SENATE disability services after July 1, 1994, which agreement shall be was submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts adopted a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits submitted a copy of that resolution to the former division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with the provisions of this chapter. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services or of health services and family members of consumers constitute no less than 50 percent of the board members appointed pursuant to subsection (b) of this Code section, and a mechanism for ensuring equitable representation of the various disability groups and health services. A quorum for the transaction of any business and for the exercise of any power or function of the community service board shall consist of a majority of the total number of filled board member positions appointed pursuant to subsection (b) of MONDAY, MARCH 23, 2009 2467 this Code section. A vote of the majority of such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term of office for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. For the purposes of this subsection, 'equitable representation of the various disability and health service groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the board members holding membership pursuant to subsection (b) of this Code section shall be appointed so as to assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests and the interests of consumers of health services. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six and no more than 13 members, not including any additional members appointed pursuant to paragraph (2) of subsection (b) of this Code section, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (6) (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other 2468 JOURNAL OF THE SENATE incapacity, removal by the community service board as authorized in this Code section or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office: STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the _______________________ Community Service Board to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state. _____________________ Signature of member of ____________________ Community Service Board Sworn and subscribed before me this ______ day of ______________, ____. (SEAL) _____________________ Typed name of member of ____________________ Community Service Board 37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability and health services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. MONDAY, MARCH 23, 2009 2469 (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority: (1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for as so long as and to the extent that each employee of such board who is a covered employee as defined in Code Section 45-20-2 and is subject to the rules and regulations of the State Merit System of Personnel Administration remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, 2470 JOURNAL OF THE SENATE contracts, moneys, and donations for purposes pertaining to the delivery of disability services or of health services; (9) Each community service board may establish fees for the provision of disability services or health services according to the terms of contracts entered into with the department, Department of Human Resources Services, and the or Department of Community Health, as appropriate; (10) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from local governmental entities in the counties where the community service board provides services; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, such reimbursement shall not exceed the rates and allowances set for state employees by the Office of Planning and Budget or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; (15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services or of health services through the Department of Health, in accordance with the terms of contracts entered into with the department, Department of Human Services, or Department of Health, as appropriate; (16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal MONDAY, MARCH 23, 2009 2471 year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services or of health services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services or of health services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board does shall not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services or health services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board's 2472 JOURNAL OF THE SENATE agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department, Department of Human Services, or Department of Health and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability or health service professionals, and other providers of disability services or health services to arrange for the provision of disability services or health services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services or health services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability or health services related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care, or disability services, or health services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to MONDAY, MARCH 23, 2009 2473 require any such plan or network to provide coverage for any specific health care, or disability service, or health service. 37-2-6.2. (a)(1) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board 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, 1994, 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, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in service, by the division department, Department of Human Services, or Department of Health, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board. (2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (3) All rights, credits, and funds in the Employees' Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service 2474 JOURNAL OF THE SENATE boards. (b) As to those persons employed by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of any such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by: (1) The department; (2) A regional board; (3) A community service board; (4) A hospital; or (5) The Department of Human Services; (6) The Department of Health; or (5)(7) Any private provider of disability services or health services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department, the Department of Human Services, or the Department of Health for the services which had been provided by the terminated state personnel. 37-2-6.3. (a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation. (c) Debts, obligations, and liabilities of a community service board are not, debts, obligations, or liabilities of the state or of the counties in which such board operates. A community service board is prohibited from entering into debts, obligations, or liabilities which are also debts, obligations, or liabilities of the state or of any county. 37-2-6.4. (a) Notwithstanding any other provisions of this chapter, a community service board may reconstitute or convert its organizational structure in the following ways: (1) With the approval of the governing board of the community service board and the approval of the county governing authorities of the counties served by the community service board, the community service board may convert to a private nonprofit corporation. So long as the reconstituted organization continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Health, as appropriate, such organization shall be authorized to retain MONDAY, MARCH 23, 2009 2475 the use of assets, equipment, and resources purchased with state and federal funds by the former community service board. In the event the new private nonprofit fails to serve such public purpose, those assets, equipment, and resources purchased by the former community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Health, as appropriate, or to an agency designated by the such department. For a period of three years following the community service board's conversion to a private nonprofit corporation, the private nonprofit corporation shall ensure that consumers of disability services or health services, as appropriate, and family members of such consumers constitute a majority of the appointed board members and that the various disability groups and health services groups are equitably represented on the board of the nonprofit corporation; (2) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may convert to a unit of county government. All assets, equipment, and resources of the community service board shall be transferred to the new unit of county government; or (3) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may become a component part of a hospital authority in those counties served by the community service board. So long as the hospital authority continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Health, as appropriate, the hospital authority shall be authorized to retain possession of those assets, equipment, and resources purchased by the community service board with state and federal funds. In the event the hospital authority fails to serve such public purpose, those assets, equipment, and resources purchased by the community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Health, as appropriate, or to an agency designated by the such appropriate department or departments. (b) In the event that all county governing authorities of a community service area designated pursuant to subsection (b) of Code Section 37-2-3 concur that a community service board reconstituted pursuant to subsection (a) of this Code section has failed to provide disability services or health services as required, those county governing authorities may request that the division department coordinate the formation of a new community service board pursuant to Code Section 37-2-6. Upon notification of the request, the division department shall assist the county governing authorities in making appointments to the new community service board and establishing bylaws pursuant to Code Section 37-2-6. The division department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor agency. To the extent that the community service board was providing disability services or health services through the Department of Human Services or the Department of Health, such department or 2476 JOURNAL OF THE SENATE departments shall provide to the Department of Behavioral Health all documents, data, information, and consultation necessary or helpful to the formation of the new community service board and the determination and disposition of assets, equipment, and resources of the community service board. 37-2-6.5. (a) By joint action of the membership of a community service board created pursuant to Code Section 37-2-6 and the governing authority of each county within the community service board area, such community service board may cease operations; provided, however, such community service board shall notify the commissioner at least 90 days in advance of the meeting of the community service board in which such action is to be taken. Such joint action shall indicate the date on which the community service board shall cease operations. (b) Upon receipt of notification that a community service board intends to cease operations, the commissioner shall notify the chairperson and executive director of such community service board and the governing authority of each county within the community service board area of such board that: (1) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board in accordance with the provisions of paragraph (1) of subsection (c) of Code Section 37-2-10 until the division department shall determine: (A) That such community service board should continue in operation, provided one or more members appointed to such board in accordance with subsection (b) of Code Section 37-2-6 shall be removed in accordance with subparagraph (c)(3)(H) of Code Section 37-2-10, and the division department, acting on behalf of the membership of the community service board, nominates a successor to a removed member and advises the county governing authority that appointed such removed member to appoint a successor; (B) That all of the members of such community service board appointed in accordance with subsection (b) of Code Section 37-2-6 shall be removed and such community service board shall be reconstituted; and that the division department shall assist the county governing authorities in making appointments to the new community service board; or (C) In the case where the membership of such community service board is the membership of a county board of health designated in accordance with Code Section 31-3-12.1 or subsection (e) of Code Section 37-2-6, that the entire membership of the community service board should be removed and the membership of the community service board be reconstituted in accordance with subsection (b) of Code Section 37-2-6; (2) The division department, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of an adjacent community service board area served by another MONDAY, MARCH 23, 2009 2477 community service board to include the counties in the community service board area served by the community service board that intends to cease operations so that the community service board serving such adjacent area may assume responsibility for the provision of disability services within such counties; (3) The department intends to request pursuant to Code Section 31-3-12.1 that the governing authority of a county within the community service board area of such board authorize the membership of the board of health of such county to serve as the membership of such community service board; or (4) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. (c) If a community service board ceases operation and is succeeded by another community service board pursuant to paragraph (2), a county board of health pursuant to paragraph (3), or a manager or management team pursuant to paragraph (4) of subsection (b) of this Code section, the division department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor community service board. (d) If a community service board ceases operation and one or more alternate service providers assume responsibility for the provision of services previously provided by the community service board pursuant to paragraph (4) of subsection (b) of this Code section, the department shall petition the superior court of the county in which the principal office of that community service board was located for appointment of a receiver of the assets of the community service board for the protection of the board's creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets of the board, and, after payment of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as determined by the court, to the agencies, entities, or providers providing disability services in the community service board area formerly served by the community service board which ceased operations. At no time shall any community service board upon ceasing operations convey any of its property, except as may be otherwise authorized by a superior court in this subsection, to any private person, association, or corporation. 37-2-7. (a) The division department shall formulate and publish biennially a state plan for disability services which shall take into account the disability services plans submitted by the regional offices as required by Code Section 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional and community services to the disabled. In developing the state plan, the division department shall request input from the regional offices and planning boards, the 2478 JOURNAL OF THE SENATE community service boards, hospitals, and other public and private providers. The plan shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services. (c) The plan shall further set forth the proposed annual budget of the division department and the regions. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the regional planning boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan. (e) At such time as the state plan is submitted, the division department shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division department in coordinating services in accordance with Code Section 37-29. 37-2-8. Reserved. 37-2-9. To the maximum extent possible, disability services provided by the division department and the regional offices, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public. 37-2-9.1. (a) Each regional planning board and community service board shall comply with the provisions of 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, except where records or proceedings are expressly made confidential pursuant to other provisions of law. (b) Each regional office and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance. 37-2-10. (a) Notwithstanding any other provisions of the law, the director commissioner with MONDAY, MARCH 23, 2009 2479 the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division department or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director commissioner, with concurrence of the commissioner and the Governor, may: (1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees. (c)(1) Notwithstanding any other provisions of the law, in extenuating circumstances, the director commissioner with the concurrence of the commissioner and the Governor is authorized to appoint a manager or management team to manage and operate the programs and services of the community service board if the director commissioner finds that the community service board: (A) Provides notice pursuant to Code Section 37-2-6.5 that such board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department or division; or (I) No longer has the fiscal ability to continue to provide contracted services and, without the intervention of the department, continued provision of disability services or health services to consumers in the service area is in immediate jeopardy. 2480 JOURNAL OF THE SENATE (2) In order to carry out the provisions of paragraph (1) of this subsection, the director commissioner shall give written notice to the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The director commissioner may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the director commissioner, a manager or management team appointed pursuant to this subsection may: (A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team; (E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the members of the community service board, the executive director, chief financial officer, or any other administrative or program manager to take an action; (G) Exercise a power, duty, authority, or function of the community service board as authorized by this chapter; (H) Recommend to the director commissioner the removal of a member or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the director commissioner may remove such member or executive director from office; and (I) Report at least monthly to the director commissioner on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service board by the governing authority of a county or municipal corporation without the approval of such governing authority. (5) If a manager or management team is appointed pursuant to this Code section, the department may: (A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the community service board to manage and operate the services and programs of the community service board; or (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternative service providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall MONDAY, MARCH 23, 2009 2481 petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (6) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board. 37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division department and the regional offices shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division. (b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the division department, shall be reported to the division department and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The division department shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The division department shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the division department; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The division department shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay. 37-2-11.1. (a) Venue for the purpose of any action against a community service board shall be the county in which the principal office of the community service board is located. For purposes of this Code section, 'principal office' shall be defined as the facility which houses the executive director or other such top administrator for the community service 2482 JOURNAL OF THE SENATE board. (b) In any legal proceeding, a regional planning board or the regional office shall be considered a unit of the division department and shall be afforded the assistance of legal counsel from the Attorney General. (c)(1) The community service boards shall be public bodies but shall not be considered agencies of the state or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees. (2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies. 37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the department, the Department of Human Resources Services, the Department of Health, or a regional office shall be required to provide the department or the appropriate regional office or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the department, the Department of Human Resources Services, or the Department of Health or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department, the Department of Human Services, the Department of Health, or any regional office unless otherwise specifically authorized by law. (c) The community service board shall maintain a clinical record for each consumer receiving treatment or habilitation services from such board. The treatment of clinical records of consumers in receiving services for mental illness shall be governed by the provisions of Code Section 37-3-166. The treatment of clinical records of consumers receiving habilitation services for developmental disabilities shall be governed by the provisions of Code Section 37-4-125. The treatment of clinical records of consumers in treatment for addictive diseases shall be governed by the provisions of Code Section MONDAY, MARCH 23, 2009 2483 37-7-166." SECTION 3-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Behavioral Health": (1) Code Section 15-11-73, relating to juvenile traffic offenses; (2) Code Section 15-11-152, relating to ordering an evaluation of a child's mental condition; (3) Code Section 16-7-83, relating to persons convicted or under indictment for certain offenses; (4) Code Section 16-11-129, relating to license to carry pistol or revolver; (5) Code Section 17-7-130, relating to proceedings upon plea of mental incompetency to stand trial; (6) Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at time of crime; (7) Code Section 26-4-5, relating to definitions relative to the "Georgia Pharmacy Practice Act"; (8) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (9) Code Section 37-3-146, relating to education of children undergoing treatment in a facility for persons who are mentally ill; (10) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (11) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (12) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys relating to habilitation of mentally retarded persons; (13) Code Section 37-5-4, relating to applicability of the "Community Services Act for the Mentally Retarded"; (14) Code Section 37-5-7, relating to duty of the Department of Human Resources to provide consulting and financial assistance to county boards of health; (15) Code Section 37-7-3, relating to coordination of state drug and alcohol abuse programs; (16) Code Section 37-7-146, relating to education of children undergoing treatment in a facility for persons who are alcoholics, drug dependent individuals, or drug abusers; (17) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (18) Code Section 40-5-82, relating to administration of the Driver Improvement Program; (19) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; 2484 JOURNAL OF THE SENATE (20) Code Section 42-8-35.3, relating to conditions of probation for stalking or aggravated stalking; (21) Code Section 42-9-41, relating to duty of the State Board of Pardons and Paroles to obtain and place in records information respecting persons subject to relief or placed on probation; (22) Code Section 43-12A-5, relating to provider centers that engage in the practice of providing, installing, or monitoring ignition interlock devices not to operate under any name deceptively similar to another business; (23) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (24) Code Section 49-5-221, relating to definitions relative to children and adolescents with severe emotional problems; (25) Code Section 49-5-223, relating to the State Plan for the Coordinated System of Care for children and adolescents with severe emotional problems; (26) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; (27) Code Section 49-5-227, relating to the Governor's Office for Children and Families to comment on the State Plan for Coordinated System of Care and provide recommendations; and (28) Code Section 50-27-24, relating to lottery prize proceeds subject to state income tax. SECTION 3-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of behavioral health": (1) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; and (2) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; SECTION 3-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources" wherever it occurs with "Department of Behavioral Health": (1) Code Section 15-11-149, relating to disposition of mentally ill or mentally retarded child; (2) Code Section 40-5-64, relating to limited driving permits for certain offenders; (3) Code Section 45-18-5.2, relating to sheltered employment center employees; and (4) Code Section 49-4A-9, relating to sentence of youthful offenders. MONDAY, MARCH 23, 2009 2485 SECTION 3-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mentally retarded" or "Mentally Retarded" wherever it occurs with "developmentally disabled" or "Developmentally Disabled", respectively: (1) Code Section 31-22-9.1, relating to who may perform HIV tests; (2) Code Section 35-1-8, relating to the acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (3) Code Section 37-4-1, relating to the declaration of policy relating to the habilitation of mentally retarded persons generally; (4) Code Section 37-4-3, relating to the authority of the board of human resources to issue regulations relating to the habilitation of mentally retarded persons generally; (5) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (6) Code Section 37-4-5, relating to validity of hospital orders entered before September 1, 1978; (7) Code Section 37-4-8, relating to approval of private facilities; (8) Code Section 37-4-20, relating to examination of minor children; (9) Code Section 37-4-21, relating to admission of mentally retarded persons to facilities for purposes of temporary supervision and care; (10) Code Section 37-4-22, relating to admission of persons to facilities for dental services; (11) Code Section 37-4-40, relating to filing petition with the court for according of program of services to mentally retarded person; (12) Code Section 37-4-40.1, relating to certification that a person requires temporary care; (13) Code Section 37-4-40.2, relating to admission or discharge of a person in custody of a state facility for temporary care; (14) Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation; (15) Code Section 37-4-62, relating to transfer of clients to custody of federal agencies for services; (16) Code Section 37-4-120, relating to individual dignity of clients to be respected; (17) Code Section 37-4-123, relating to recognition of clients' physical integrity; (18) Code Section 37-5-1, relating to the short title; (19) Code Section 37-5-2, relating to declaration of policy relative to community services for the mentally retarded; (20) Code Section 37-5-4, relating to applicability of chapter; (21) Code Section 37-5-5, relating to duty of county board of health to provide community services; (22) Code Section 37-5-6, relating to county or health district plan for community services; (23) Code Section 37-5-7, relating to duty of department to provide consulting and 2486 JOURNAL OF THE SENATE financial assistance to county boards of health; (24) Code Section 37-6-2, relating to participation by department in financing of daycare centers for mentally retarded children; (25) Code Section 37-6-3, relating to participation by department in financing of daycare centers generally; (26) Code Section 37-6-4, relating to grants-in-aid to county board of health for purchase of services from private day-care centers; (27) Code Section 37-6-6, relating to inspection and approval of day-care centers; (28) Code Section 37-6-7, relating to departmental standards for day-care centers; (29) Code Section 37-9-6, relating to standards for determination of assessments for less than full cost of care; (30) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (31) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (32) Code Section 49-4-80, relating to definitions relative to aid to the disabled. SECTION 3-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "developmental disability": (1) Code Section 31-12-3.2, relating to meningococcal disease; (2) Code Section 31-32-4, relating to the advance directives for health care form; (3) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (4) Code Section 37-4-40.4, relating to evaluation of a person in custody of a state facility for temporary care; (5) Code Section 37-4-61, relating to transportation of clients generally; (6) Code Section 49-4-31, relating to definitions relative to old-age assistance; (7) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (8) Code Section 49-4-80, relating to definitions relative to aid to the disabled. SECTION 3-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "a developmental disability": (1) Code Section 31-20-3, relating to sterilization of mentally incompetent persons; (2) Code Section 37-4-80, relating to effect of inability to pay on right to habilitation services; (3) Code Section 37-4-100, relating to retention of rights and privileges by clients generally; and (4) Code Section 37-4-122, relating to client's care and treatment rights. SECTION 3-8. Code Section 30-8-1 of the Official Code of Georgia Annotated, relating to the MONDAY, MARCH 23, 2009 2487 Governor's Council on Developmental Disabilities, is amended as follows: "30-8-1. (a) There is created the Governor's Georgia Council on Developmental Disabilities. The council shall serve as the designated state agency and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, relating to programs for persons with developmental disabilities. (b) The members of the council shall be appointed by the Governor from among the residents of the state, and the composition of the council shall comply with the membership requirements of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. The Governor shall consider appointing to the council persons representing a broad range of individuals with developmental disabilities and individuals interested in programs for the developmentally disabled. To the extent feasible, appointments to the council shall be made with a view toward equitable geographic, racial, and ethnic representation. (c) Each member shall serve for a term of four years or until a successor is appointed. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments. The council shall elect its own chairperson and such other officers as it deems necessary. The council may adopt rules and procedures and shall meet at the call of the chairperson. (d) The Governor's Georgia Council on Developmental Disabilities shall: (1) Develop and implement a state plan, which includes the specification of federal and state priority areas, to address on a state-wide and comprehensive basis the need for services, support, and other assistance for individuals with developmental disabilities and their families; (2) Monitor, review, and evaluate, not less than annually, the implementation and effectiveness of the plan; (3) Submit to the United States secretary of health and human services, through the Governor, such plan and periodic reports on the council's activities as the secretary finds necessary; (4) Receive, account for, and disburse funds paid to the state pursuant to the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, and as authorized by the approved state plan; (5) To the maximum extent feasible, review and comment on all plans in the state which relate to programs affecting persons with developmental disabilities; (6) Serve as an advocate for persons with developmental disabilities; (7) Advise the Governor, the General Assembly, and all other state agencies in matters relating to developmentally disabled persons; and (8) Fulfill the responsibilities and meet the requirements of a designated state agency and of a state planning council as provided by Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. (e) The Governor's Georgia Council on Developmental Disabilities shall be attached to the Department of Human Resources Behavioral Health for administrative purposes 2488 JOURNAL OF THE SENATE only as provided in Code Section 50-4-3. The council shall recruit and hire staff as provided by law and as the council determines necessary to carry out its duties. All costs incurred by the council shall be covered by funds paid to the state under Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, except that members who are state employees shall be reimbursed for their expenses by their agency in the same manner as other state employees. Members who are not state employees shall be reimbursed for their actual expenses, including travel and any other expenses incurred in performance of their council duties, from funds appropriated to the Department of Human Resources Behavioral Health." SECTION 3-9. Code Section 35-3-34.1 of the Official Code of Georgia Annotated, relating to circumstances when exonerated first offender's criminal record may be disclosed, is amended by revising paragraph (3) of subsection (a) as follows: "(3) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 37-1-1 or mentally retarded developmentally disabled as defined in Code Section 37-4-2 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering." SECTION 3-10. Code Section 37-2-30 of the Official Code of Georgia Annotated, relating to definitions relative to the office of disability services ombudsman, is amended by revising paragraph (3) as follows: "(3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2 37-1-1 and shall include natural persons who are seeking disability services." SECTION 3-11. Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the examination and treatment for mental illness, is amended by revising paragraphs (11), (12), and (14.1) as follows: "(11) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. Reserved." "(12) 'Mentally ill person requiring involuntary treatment' means a mentally ill person who is an inpatient or an outpatient." "(14.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state MONDAY, MARCH 23, 2009 2489 hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3." SECTION 3-12. Code Section 37-4-2 of the Official Code of Georgia Annotated, relating to definitions relative to the habilitation of the mentally retarded, is amended as follows: "37-4-2. As used in this chapter, the term: (1) 'Client' means any mentally retarded person with a developmental disability who seeks habilitation under this chapter or any person for whom such habilitation is sought. (2) 'Clinical record' means a written record pertaining to an individual client and includes habilitation record, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility and which pertains to the client's habilitation. Such other information as may be required by rules and regulations of the board shall also be included. (3) 'Community services' means all services deemed reasonably necessary by the Department of Human Resources Behavioral Health to provide for the education, training, habilitation, and care of mentally retarded developmentally disabled individuals. Such services shall include, but not be limited to, diagnostic and evaluation services, day-care and training services, work activity services, community residential services such as group family care homes, transportation services, social services, medical services, and specified home services. (4) 'Comprehensive evaluation team' or 'comprehensive habilitation team' means and shall consist of a group of persons with special training and experience in the assessment of needs and provision of services for mentally retarded developmentally disabled persons, which group shall include, at a minimum, persons qualified to provide social, psychological, medical, and other services. The department shall specify the qualifications of the individuals who compose comprise a comprehensive evaluation team or a comprehensive habilitation team and shall ensure that such teams are located throughout the state so as to provide diagnostic, evaluation, and habilitation services for all citizens of Georgia. (5) 'Court' means: (A) In the case of an individual who is 17 years of age or older, the probate court of the county of residence of the client or the county in which such client is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate court is unable to hear a case brought under this chapter within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and shall be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-bycase basis or by making a standing appointment of one or more persons. Any 2490 JOURNAL OF THE SENATE person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his the judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the governing authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or (B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the client or the county in which such client is found. (6) 'Developmentally disabled person in need of community services' means a developmentally disabled person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (7) 'Developmentally disabled person requiring temporary and immediate care' means a person who is developmentally disabled, and: (A) Who presents a substantial risk of imminent harm to himself or herself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (6)(8) 'Facility' means any state owned or state operated institution utilized 24 hours a day for the habilitation and residence of persons who are mentally retarded developmentally disabled, any facility operated or utilized for such purpose by the United States Department of Veterans Affairs or any other federal agency, and any other facility within the State of Georgia approved for such purpose by the department. (7)(9) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing examiner, under Code Section 37-4-42, or before a court, as defined in paragraph (5) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The client shall be provided with effective assistance of counsel. If the client cannot afford counsel, the court shall appoint counsel for him or her or the hearing examiner shall have the court appoint such counsel. The client shall have the right to confront and cross-examine witnesses and to offer evidence. The client shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The client shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the client. The standard of proof shall be by clear and convincing evidence. At the request of the client, the public may be MONDAY, MARCH 23, 2009 2491 excluded from the hearing; and the client need not be present if the court consents; in either of these events, the record shall reflect the reason for the hearing examiner's or the court's action. (8)(10) 'Habilitation' means the process by which program personnel help clients acquire and maintain those life skills which will enable them to cope more effectively with the demands of their own persons and of their environment and to raise the level of their physical, mental, social, and vocational abilities. (9)(11) 'Individualized program plan' means a proposed habilitation program written in behavioral terms, developed by the comprehensive evaluation team, and specifically tailored to the needs of an individual client. Each plan shall include: (A) A statement of the nature of the client's specific problems and specific needs; (B) A description of intermediate and long-range habilitation goals and a projected timetable for their attainment; (C) A description of the proposed habilitation program and its relation to habilitation goals; (D) Identification of the facility and types of professional personnel responsible for execution of the client's habilitation program; (E) A statement of the least restrictive environment necessary to achieve the purposes of habilitation, based upon the needs of the client; (F) An explanation of criteria for acceptance or rejection of alternative environments for habilitation; and (G) Proposed criteria for release of the client into less restrictive habilitation environments upon obtaining specified habilitation goals. (10)(12) 'Least restrictive alternative,' 'least restrictive environment,' or 'least restrictive appropriate habilitation' means that which is the least restrictive available alternative, environment, or appropriate habilitation, as applicable, within the limits of state funds specifically appropriated therefor. (11) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (12) 'Mentally retarded person' means a person having a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (13) 'Mentally retarded person in need of community services' means a mentally retarded person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (13.1) 'Mentally retarded person requiring temporary and immediate care' means a person who is mentally retarded, and: (A) Who presents a substantial risk of imminent harm to himself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. 2492 JOURNAL OF THE SENATE (14)(13) 'Person in charge of a client's habilitation' means a superintendent or regional state hospital administrator of a facility, a case manager, or any other service provider designated by the department to have overall responsibility for implementation of a client's individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this chapter. (14.1) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(14) 'Representatives' means the persons appointed as provided in Code Section 37-4-107 to receive any notice under this chapter. (16)(15) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving mentally retarded developmentally disabled persons under this chapter or an individual appointed as the designee of such superintendent." SECTION 3-13. Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to filing petitions with the court for according of program services to a mentally retarded person, is amended by revising subsections (a) and (d) as follows: "(a) Any person may file a petition for a court ordered program of services from the department for a mentally retarded developmentally disabled citizen of this state. Such petition shall be executed under oath in the court of the county in which the allegedly mentally retarded developmentally disabled person is a resident or where such person is found. The petition shall assert that the petitioner believes that the client is mentally retarded developmentally disabled and (1) that the petitioner is the parent, guardian, or person standing in loco parentis of the client for whom habilitative services are being sought and that the petitioner is unable to obtain adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3 and Code Section 20-2131 to meet the needs of the client or (2) that the petitioner believes that the parent, guardian, or person acting in loco parentis has failed or is unable to secure adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3 and Code Section 20-2-131 to meet the needs of the client. The petition shall set forth the alleged facts upon which the above assertions are based, the names and addresses, if known, of any witnesses who can allege relevant facts, and, if known, the names and addresses of the nearest relatives and the guardian, if any, of the client." "(d) If a majority of the evaluation team does not find the allegedly mentally retarded MONDAY, MARCH 23, 2009 2493 developmentally disabled person to be mentally retarded developmentally disabled and in need of being ordered to receive such services from the department or if a majority of the comprehensive evaluation team finds the client to be a mentally retarded developmentally disabled person in need of court ordered services from the department, the court shall set a hearing on the petition and shall serve notice of such hearing on the petitioner, on the prospective client, and on his representatives or guardian as provided in Code Section 37-4-107; and such notice shall be served within 72 hours after the filing of the report by the evaluation team. Such notice shall be accompanied by: (1) A copy of the petition; (2) A notice that the client has a right to counsel and that the client or his representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client either indicates in writing that he will have retained counsel by the time set for hearing or waives his right to counsel; (3) A copy of the individualized program plan developed by the evaluation team under subsection (c) of this Code section; and (4) A notice that the client has a right to be examined by a comprehensive evaluation team of his own choice at his own expense and to have that team submit a suggested individualized program plan for the client which conforms with the requirements of paragraph (9) (11) of Code Section 37-4-2. The hearing shall be held no sooner than ten days and no later than 15 days, Saturdays, Sundays, and holidays excepted, after the date the evaluation team report is filed. The court shall grant a continuance upon application by the client or his representatives, if necessary, to permit preparation for the hearing." SECTION 3-14. Code Section 37-4-109 of the Official Code of Georgia Annotated, relating to establishment of patients and staff complaint procedure, is amended as follows: "37-4-109. The department shall establish procedures whereby complaints of the client or complaints of the staff concerning admission, treatment, or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate, with the right of appeal to the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases commissioner or his or her designee. The board shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize these procedures in lieu of other available legal remedies." SECTION 3-15. Code Section 37-5-3 of the Official Code of Georgia Annotated, relating to definitions relative to community services for the mentally retarded, is amended as follows: "37-5-3. 2494 JOURNAL OF THE SENATE As used in this chapter, the term: (1) 'Community community services' means all community-based services a coordinated, consumer and family centered, consumer and family directed, and comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmental disabilities to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life. Such services shall include those deemed reasonably necessary by the department to provide for education, training, rehabilitation, and care of mentally retarded individuals with developmental disabilities and shall include but not be limited to: diagnostic and evaluation services; day-care and training services; work-activity services; support coordination, day support, and personal support services; supportive employment services; community residential services such as group family-care homes, community living arrangements, and host homes; transportation services incidental to educational, training, and rehabilitation services; technology and durable equipment support and services; social services; medical services; and specified home services. (2) 'Mentally retarded individual' means a person whose ability to care for himself is substantially impaired by mental retardation or by a neurological dysfunction associated with mental retardation. (3) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period." SECTION 3-16. Code Section 37-5-10 of the Official Code of Georgia Annotated, relating to timetable for implementation of this chapter, is amended as follows: "37-5-10. The department shall employ sufficient professional and nonprofessional persons to assure full implementation of this chapter by June 30, 1978. All community services specified in paragraph (1) of Code Section 37-5-3 shall be made available for all mentally retarded individuals by June 30, 1978." SECTION 3-17. Code Section 37-6-1 of the Official Code of Georgia Annotated, relating to definitions relative to day-care centers for the mentally retarded, is amended as follows: "37-6-1. As used in this chapter, the term: (1) 'Day-care day-care center' means any facility that is operated and maintained for and is qualified to furnish care and training to mentally retarded individuals with developmental disabilities on less than a 24 hour basis. (2) 'Mentally retarded individual' means any individual who is suffering from mental retardation. (3) 'Mental retardation' means a state of subaverage general intellectual functioning MONDAY, MARCH 23, 2009 2495 which originates during the developmental period and is associated with impairment in adaptive behavior." SECTION 3-18. Code Section 37-9-2 of the Official Code of Georgia Annotated, relating to definitions relative to payment of expenses for support, treatment, and care of patients in institutions generally, is amended by revising paragraph (6) as follows: "(6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the department and any facility operated in conjunction therewith." SECTION 3-19. Code Section 37-10-2 of the Official Code of Georgia Annotated, relating to the Interstate Compact on Mental Health, is amended by revising Article XV as follows: "Article XV. (a) Pursuant to said compact, the Commissioner of Human Resources Behavioral Health, or his delegate, is hereby designated to be the compact administrator. The compact administrator, acting jointly with like officers of other party States, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this State thereunder. (b) The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other States pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service of this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service. (c) The compact administrator, using funds appropriated to the Department of Human Resources Behavioral Health and the Department of Health, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder. (d) Duly authenticated copies of this Act shall be transmitted by the Secretary of State of the State of Georgia to the Governor of each State, to the Attorney General and the Administrator of General Services of the United States, and to the Council of State Governments, and to the Veterans' Administration. (e) The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transfer from an institution in 2496 JOURNAL OF THE SENATE this State to an institution in another party State, to take no final action without notice to the admitting court or in case of admission other than by a court, then notice to the admitting medical facility is required. (f) In the administration of this compact, the compact administrator shall in no way abridge the rights or privileges of any patient to appeal to the courts for a hearing as provided under the laws of Georgia." SECTION 3-20. Code Section 40-16-5 of the Official Code of Georgia Annotated, relating to authority of the commissioner of driver services, is amended by revising paragraph (5) of subsection (d) as follows: "(5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources (now known as the Department of Behavioral Health for these purposes) to the Department of Driver Services." SECTION 3-21. Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally, is amended by revising subsections (d), (e), and (f) as follows: "(d) The department is authorized to transfer a mentally diseased inmate from a state or county correctional institution or other facility operating under its authority to a criminal ward or facility of the Department of Human Resources Behavioral Health. The inmate shall remain in the custody of the Department of Human Resources Behavioral Health until proper officials of the facility at which he the inmate is detained declare that his or her sanity has been restored, at which time the inmate shall be returned to the custody of the department. At any time after completion of his or her sentence, an inmate detained by the Department of Human Resources Behavioral Health on the grounds that he or she is mentally diseased may petition for release in accordance with the procedure provided in Chapter 3 of Title 37. Prior to completion of his or her sentence, this procedure shall not be available to him the inmate. (e) Upon being presented with a proper certification from the county physician of a county where a person has been sentenced to confinement that the person sentenced is addicted to drugs or alcohol to the extent that his the person's health will be impaired or his life endangered if immediate treatment is not rendered, the department shall transfer the inmate to the custody of the Department of Human Resources Behavioral Health. The inmate shall remain in such custody until officials of the Department of Human Resources Behavioral Health determine he the inmate is able to serve his or her sentence elsewhere. (f) The department may transfer any inmate afflicted with active tuberculosis from any state or county correctional institution, or any other facility operating under the authority of the department, to a tubercular ward or facility specially provided and maintained for criminals by the department at a tuberculosis facility or facilities operating under the Department of Human Resources Health." MONDAY, MARCH 23, 2009 2497 SECTION 3-22. Code Section 42-5-52.1 of the Official Code of Georgia Annotated, relating to submission to HIV test of inmates, is amended by revising subsection (c) as follows: "(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources (now known as the Department of Behavioral Health) under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15." SECTION 3-23. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to discharges disqualifying individuals from employment, is amended by revising paragraph (4) of subsection (a) as follows: "(4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 37-1-1 or mentally retarded developmentally disabled as defined in Code Section 37-4-2 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering." SECTION 3-24. Code Section 49-5-220 of the Official Code of Georgia Annotated, relating to legislative findings and intent with respect to children and adolescents with severe emotional problems, is amended as follows: "49-5-220. (a) The General Assembly declares its intention and desire to: (1) Ensure a comprehensive mental health program consisting of early identification, prevention, and early intervention for every child in Georgia; (2) Preserve the sanctity of the family unit; (3) Prevent the unnecessary removal of children and adolescents with a severe emotional disturbance from their homes; (4) Prevent the unnecessary placement of these children out of state; (5) Bring those children home who through use of public funds are inappropriately placed out of state; and (6) Develop a coordinated system of care so that children and adolescents with a severe emotional disturbance and their families will receive appropriate educational, nonresidential and residential mental health services, and support services, as prescribed in an individualized plan. (b) In recognition of the fact that services to these children are provided by several 2498 JOURNAL OF THE SENATE different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health provide mental health treatment. (c) Further, in recognition that only a portion of the children needing services are receiving them and in recognition that not all the services that comprise a coordinated system of care are currently in existence or do not exist in adequate numbers, the General Assembly intends that the Department of Human Resources Department of Behavioral Health and the Department of Education jointly develop and implement a State Plan for the Coordinated System of Care for severely or emotionally disturbed children or adolescents as defined in paragraph (10) of Code Section 49-5-221. (d) The commissioner of the Department of Human Resources behavioral health and the State School Superintendent shall be responsible for the development and implementation of the state plan. (e) The commissioner of the Department of Human Resources behavioral health shall be responsible for preparing this jointly developed state plan for publication and dissemination. The commissioner of the Department of Human Resources behavioral health shall also be responsible for preparing for publication and dissemination the annual report. (f) The receipt of services under this article is not intended to be conditioned upon placement of a child in the legal custody, protective supervision, or protection of the Department of Human Resources Department of Human Services." SECTION 3-25. Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committees with respect to children and adolescents with severe emotional problems, is amended by revising subsection (a) as follows: "(a) At least one local interagency committee shall be established for each region of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health whose permanent membership shall include a local representative from each of the following: (1) The community mental health agency responsible for coordinating children's services; (2) The Division of Family and Children Services of the Department of Human Resources Services; MONDAY, MARCH 23, 2009 2499 (3) The Department of Juvenile Justice; (4) The Division of Public Health of the Department of Human Resources Health; (5) A member of the special education staff of the local education agency; (6) The Division of Rehabilitation Services of the Department of Labor." PART IV Effective Date and Repealer. SECTION 4-1. This Act shall be effective on July 1, 2009. SECTION 4-2. 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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. 2500 JOURNAL OF THE SENATE HB 228, having received the requisite constitutional majority, was passed by substitute. Senator Unterman of the 45th moved that HB 228 be immediately transmitted to the House. There was no objection and HB 228 was immediately transmitted. HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that 25 percent of the funds derived from the state sales and use tax on motor fuels shall be appropriated for and grant made for any or all transportation purposes, including public transit; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for purposes and limitations on expenditures from such trust fund; to provide for the periodic submission of the continuance of such levy to the people for approval or disapproval; to provide for the authority of the General Assembly with respect to the foregoing; 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. Article III, Section IX, Paragraph VI of the Constitution is amended 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 for such purposes. However, this shall not preclude the General Assembly from MONDAY, MARCH 23, 2009 2501 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. And 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. (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 appropriated for all transportation purposes, including public transit. Transportation purposes shall also include, but not be limited to, 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 III thereof a new Section XI to read as follows: "SECTION XI. TRANSPORTATION TRUST FUND Paragraph I. Transportation Trust Fund; Georgia 2020 Transportation Trust Fund Oversight Committee. (a) There is created a trust fund of perpetual duration for use in all activities incident to providing an adequate system of transportation in this state. Revenues raised, collected, or appropriated for purposes of the fund shall be paid into and disbursed from the fund as provided by general law without being subject to the limitations of Article III, Section IX, Paragraph I; Article III, Section IX, Paragraph IV(c); Article III, Section IX, Paragraph VI(a); or Article VII, Section III, Paragraph II. The General Assembly is authorized to appropriate moneys to the fund, but no moneys subject to the provisions of Article III, Section IX, Paragraph VI(b) shall be appropriated to the fund. Toll revenues generated by any project funded in whole or in part by the fund may be paid into the fund as provided by general law. The funds in the fund shall be as fully invested as is practicable, consistent with the requirements to make disbursements therefrom, and the return from such investments shall be deposited 2502 JOURNAL OF THE SENATE in the fund for further investment or disbursement. The governance of the fund shall be vested in the Georgia 2020 Transportation Trust Fund Oversight Committee created in subparagraph (c) of this Paragraph and such other agency or authority as provided by general law. (b) The expenditure of moneys paid into the fund shall be subject to all the rules, regulations, and restrictions otherwise imposed on the expenditure of appropriations by provisions of this Constitution and laws of this state, unless such provisions are in conflict with the provisions of this section. 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. (c) There shall be a Georgia 2020 Transportation Trust Fund Oversight Committee which shall consist of three members appointed by the Governor, four members appointed by the Lieutenant Governor, and four members appointed by the Speaker of the House of Representatives. At least one member appointed by each of the foregoing appointing officials shall at the time of such appointment and thereafter be a member of the minority caucus of the Georgia Senate or the Georgia House of Representatives. Members shall serve during the term of office of their appointing officer and until their successors are appointed and qualified. The other qualifications, compensation, and removal from office of appointed members shall be as provided by general law. The committee shall be charged with the general oversight of the governance and administration of the Transportation Trust Fund and with such other powers and duties as provided by general law. Paragraph II. Transportation Trust Fund; administration. (a) The maintenance and administration of the Transportation Trust Fund and the direction of disbursements therefrom shall be vested in an agency or authority as provided by general law. The agency or authority shall disburse proceeds from the fund for the following purposes as provided by general law, which may specify projects and programs and areas or political subdivisions of the state: (1) To fund the federal-aid and state highway systems; (2) To fund a program of local assistance to counties and municipalities to pay all or part of the costs of planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (3) To fund the rehabilitation and replacement of deficient, hazardous, unsafe, or inadequate bridges throughout the state; (4) To supplement operating costs of local public transit and bus systems; (5) To fund a program of local assistance to counties and municipalities to pay all or part of the costs of planning, surveying, constructing, improving, resurfacing, and completing public general aviation airports; (6) To fund the study and implementation of high-speed intrastate and interstate passenger rail and freight rail services; (7) To fund the costs of planning, surveying, constructing, improving, paving, and completing high-occupancy toll lane systems, managed lane systems, and truck only MONDAY, MARCH 23, 2009 2503 toll lane systems on the federal-aid and state highway systems; and (8) To fund such other public transportation purposes as may be provided for by general law. (b) Disbursements from the fund or from the proceeds of bonds or other instruments repayable from the fund shall not be subject to any allocation or distribution formulas applicable to funds subject to the provisions of Article III, Section IX, Paragraph VI(b). No law shall be enacted that causes any such allocation or distribution of funds subject to such provision to take into account any disbursements from the fund or from the proceeds of such bonds or other instruments. (c) The agency or authority administering the fund is authorized to operate on an accrual basis and disburse moneys from the fund from time to time to departments, authorities, instrumentalities, and political subdivisions of the state for the purposes of this Paragraph, subject to such terms and conditions as it, with the approval of the Georgia 2020 Transportation Trust Fund Oversight Committee, shall impose or which shall be provided by general law, but no moneys may be appropriated from the fund. All such departments, authorities, instrumentalities, and political subdivisions are authorized to receive such disbursements on such terms and conditions, and such disbursements, if unexpended as provided by general law, shall lapse to the fund and not to the general fund. Paragraph III. Levy for purposes of the Transportation Trust Fund; terms, conditions, and disposition of proceeds. From January 1 of the year following the year of the ratification of the amendment which added this section to this article and for a period of ten years thereafter there shall be a levy of 1 percent as a sales and use tax in this state. Such levy shall be imposed and collected as provided for by general law; provided, however, that should Georgia law or this Constitution be amended to eliminate such state sales and use tax, said levy of 1 percent shall continue to be imposed in the same manner and subject to the same terms and conditions in effect immediately prior to the effective date of the Act or amendment eliminating such state sales and use tax until terminated as provided by this section. The proceeds of such levy shall be deposited into the fund created by Paragraph I of this section. Paragraph IV. Submission of levy for reapproval. The General Assembly may provide by a two thirds' vote of the House of Representatives and the Senate that at the general election occurring in the tenth year following the year of the ratification of the amendment which added this section to this article a proposal for the approval of the continuation of the levy imposed pursuant to Paragraph III of this section shall be submitted to the electors of the entire state qualified to vote for members of the General Assembly. If such proposal is approved by a majority of such electors, then such levy shall be continued for a period of ten years commencing on January 1 of the year following such approval. If such proposal is not so approved, then such levy shall not be continued pursuant to such Paragraph notwithstanding any provision of law unless subsequently resubmitted to such electors and so approved. The General Assembly may provide by general law for such resubmission at a general election, and if approved such levy shall be reimposed notwithstanding any provision of law and the year of such 2504 JOURNAL OF THE SENATE approval shall be considered the year of the ratification of the amendment which added this section for purposes of this Paragraph." 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 Georgia's transportation system be improved throughout the state through an amendment to the Georgia Constitution to provide for a 1 ( ) NO percent state-wide transportation sales tax and a requirement that currently collected motor fuel tax revenue be used for transportation?" 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 206: A RESOLUTION Proposing an amendment to the Constitution so as to provide for a 1 percent regional local option sales and use tax for a specified period of time to fund specific transportation projects; 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 a new Paragraph V to read as follows: "Paragraph V. Regional Local Option Transportation Tax. (a) The General Assembly is authorized to provide by general law for a regional local option transportation sales and use tax of up to 1 percent to fund transportation projects. Such general law shall provide for the manner and method of imposing the tax and shall provide for all of the following: (1) The duration and exemptions of the tax levied under this Paragraph; (2) The levy of a tax under this Paragraph by the county governing authority participating in a special transportation district if such tax is approved in a referendum; (3) The qualifying transportation projects to be funded by the tax levied under this Paragraph, including but not limited to roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and MONDAY, MARCH 23, 2009 2505 services; (4) The management and expenditure of the funds collected under any tax levied pursuant to this Paragraph; (5) The creation of special transportation districts; (6) Prior to calling for any referendum to levy the tax under this Paragraph, the developing and publishing of a list of transportation projects to be funded within the special transportation district; (7) The requirement that all of the funds collected pursuant to the levy of the tax under this Paragraph shall be spent on transportation 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 levied under this Paragraph 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 levied pursuant to this Paragraph shall not be subject to and shall not count toward 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 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 allow a regional local option sales tax of up to 1 percent to be used to fund transportation ( ) NO projects within the region from which the funds are collected?" 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 Thompson of the 33rd offered the following amendment #1 to the committee substitute: Amend the committee substitute to HR 206 (LC 34 2240S) by striking all matter after the word "provide" on line 1 through line 46 and inserting in place thereof the following: for state tax reform; to provide for the imposition, levy, and collection of a state sales and use tax at the rate of 1 percent, the proceeds of which shall in part be appropriated for any or all transportation purposes; to require mandatory funding of homeowner tax relief grants; to provide for submission of this amendment for ratification or rejection; and for other purposes. 2506 JOURNAL OF THE SENATE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph to read as follows: "(b.1) There is imposed and levied a state sales and use tax at the rate of 1 percent to be used for any or all transportation purposes. The sales and use tax imposed by this subparagraph shall correspond to and shall be imposed, levied, and collected in the same manner as the state sales and use tax imposed by the revenue laws of this state, as now or hereafter amended, except as otherwise provided in this subparagraph. An amount equal to the sum of all proceeds derived from the tax imposed by this subparagraph received by the state in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, shall be appropriated for the fiscal year beginning on July 1 of each year following for any or all transportation purposes as may be authorized by general law. The General Assembly is specifically authorized to allocate and direct the use of the funds provided for under this subparagraph by general law. The funds provided for under this subparagraph shall be appropriated for the transportation purposes authorized under this subparagraph regardless of whether the General Assembly enacts a General Appropriations Act; and said funds 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 transportation 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 subparagraph; provided, however, that the proceeds of the transportation tax appropriated under this subparagraph 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 2. Article VII, Section IIA of the Constitution is amended by revising Paragraph I as follows: "Paragraph I. State grants; adjustment amount. For each taxable year, a homeowner's incentive adjustment may shall be applied to the return of each taxpayer claiming such state-wide homestead exemption as may be specified by general law. The amount of such adjustment may shall provide a taxpayer with a benefit equivalent to a homestead exemption of up to $18,000.00 of the assessed value of a taxpayer's homestead or the taxpayer's ad valorem property tax liability on the homestead, whichever is lower. The General Assembly may shall appropriate such amount each year for grants to local governments and school districts as homeowner tax relief grants. The adjustments and MONDAY, MARCH 23, 2009 2507 grants authorized by this Paragraph shall be made in such manner and shall be subject to the procedures and conditions as may be specified by general law heretofore or hereafter enacted." 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 state tax reform by imposing a state sales and use tax at the rate of 1 percent ( ) NO for any or all transportation purposes and requiring mandatory funding of homeowner tax relief grants?" 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 Pearson of the 51st requested a ruling from the President as to whether the resolution needed a fiscal note. The President ruled that the bill did not need a fiscal note. Senator Smith of the 52nd requested a ruling from the President as to whether the Thompson of the 33rd amendment #1 to the committee substitute was germane. The President ruled that the amendment was not germane. Senator Thompson of the 33rd moved that the Senate adjourn. There was objection. On the motion to adjourn, Senator Thompson of the 33rd, called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth N Chance N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson,L N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith N Staton Y Stoner 2508 JOURNAL OF THE SENATE N Chapman N Cowsert N Crosby N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Harbison N Harp N Jackson,W N Johnson Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed Y Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson N Unterman N Weber N Wiles N Williams On the motion, the yeas were 21, nays 34, the motion lost, and the Senate did not adjourn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. Senator Harbison of the 15th was excused for business outside the Senate Chamber. 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams MONDAY, MARCH 23, 2009 2509 On the adoption of the resolution, the yeas were 54, nays 1. HR 206, having received the requisite two-thirds constitutional majority, was adopted by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 161. By Representatives Hugley of the 133rd, Epps of the 128th, Benfield of the 85th, Brooks of the 63rd, Millar of the 79th and others: A RESOLUTION compensating Mr. John Jerome White; and for other purposes. The President directed the Secretary of the Senate to read Senate Rule 3-1.2(c). The Secretary read the Rule. Senator Hill of the 4th moved to suspend Senate Rule 3-1.2(c) to first read and assign HR 161 to committee. The following House legislation was read the first time and referred to committee: HR 161. By Representatives Hugley of the 133rd, Epps of the 128th, Benfield of the 85th, Brooks of the 63rd, Millar of the 79th and others: A RESOLUTION compensating Mr. John Jerome White; and for other purposes. Referred to the Appropriations Committee. Senator Mullis of the 53rd moved that HR 206 be immediately transmitted to the House. There was no objection and HR 206 was immediately transmitted. The Calendar was resumed. 2510 JOURNAL OF THE SENATE HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Finance Committee offered the following substitute to HB 277: 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 an up to 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects of the district; to provide that each county may opt out of the district; to provide for the district to pass a resolution calling for a referendum within the district; to provide for the tax to be levied by the participating counties; to provide for the funds collected to be deposited in trust accounts; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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. As used in this article, the term: MONDAY, MARCH 23, 2009 2511 (1) 'District' means the metropolitan transportation district and special transportation districts created in Code Sections 48-8-222 and 48-8-223. (2) 'Levy' means the district-wide sales and use tax authorized by Code Section 48-8221. (3) 'Qualified municipality' means a qualified municipality as defined in Code Section 48-8-110 situated wholly or partly within a district. (4) 'Transportation agency' means a Georgia department or authority authorized by general law to engage in activities relating to transportation projects or purposes. (5) 'Transportation project' or 'transportation purpose' means, without limitation, roads and bridges, freight and passenger rail, airports, public transit, buses, seaports, and all activities and structures useful and incident to providing, operating, and maintaining the same; provided, however, that 'transportation project' or 'transportation purpose' shall not include projects which are inconsistent with any state-wide strategic transportation plan adopted by the General Assembly. (6) 'Voting officials of the district' means the elected officials representing the county, counties, or qualified municipalities in a district. 48-8-221. (a) In accordance with the provisions of Article IX, Section IV, Paragraph V of the Constitution, on or after January 1, 2011, a single sales and use tax of up to 1 percent may be levied as provided in this article to fund transportation projects in a district. (b) A county shall be wholly within one transportation district. No county shall be divided among more than one district. The boundaries of the districts shall be otherwise as determined by the constituent counties. (c) After the formation of a special transportation district, but prior to the passage of the resolution calling for imposition of the tax authorized by this article, the governing authority of any county sharing a boundary with any county within a district may by resolution opt into such district. Prior to the county governing authority's vote to opt into the district, the county shall follow the procedures of paragraph (2) of subsection (a) of Code Section 48-8-223 for meeting with all of the qualified municipalities. In order to add the county to the district, the governing authorities of the counties within the district must concur. Not less than ten days prior to a vote on a resolution for such purpose, notice of the intention of a county to opt into the district shall be transmitted by the governing authority of such county to the metropolitan transportation district board if created pursuant to Code Section 48-8-222, to the governing authority of each qualified municipality within the county proposing to opt into the district, and to the governing authority of each other county within such district. (d) District projects undertaken pursuant to this article shall not be subject to review or approval by the Georgia Regional Transportation Authority. 48-8-222. (a) There is created within this state a metropolitan transportation district encompassing and being coterminous with the geographical area on January 1, 2009, of 2512 JOURNAL OF THE SENATE each metropolitan area planning and development commission that was activated prior to January 1, 1972, pursuant to Article 4 of Chapter 8 of Title 50. The management and supervision of such district shall be vested in a district board to consist of those members of the council of the metropolitan area planning and development commission as provided for by Code Section 50-8-84 holding elective public office, to serve during their service as members of the commission and until their successors are duly elected and qualified. (b) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects. (c) The metropolitan transportation district may authorize the levy provided for by this article as follows: (1) The district, in cooperation with its constituent counties and qualified municipalities and its designated transportation agency or agencies, shall propound by resolution a list of transportation projects to be funded by a district levy. Approval of such resolution shall require the affirmative vote of a majority of the voting members of the district. Such resolution shall include: (A) A list of the specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; (C) The rate of the levy; and (D) The maximum period of time, to be stated in calendar years, for which the levy may be imposed; (2) The district resolution provided for by paragraph (1) of this subsection shall be immediately transmitted to the governing authority of each county and qualified municipality within the district. Each such governing authority shall thereafter have 45 days from the date of such submission to vote to opt the county out of such district. A county shall opt out of the district upon: (A) The affirmative vote of the county governing authority on a resolution for such purpose; and (B) If there are one or more municipalities within the county whose area within the county contains more than 50 percent of the population of the county, the affirmative vote on resolutions for such purpose by the governing authorities of qualified municipalities representing more than 50 percent of the population of the county. Only the vote described in subparagraph (A) of this paragraph shall be required for the opt-out if the county is not described in subparagraph (B) of this paragraph. For a county described in subparagraph (B) of this paragraph, the votes described in subparagraphs (A) and (B) of this paragraph shall be required for the opt-out. All measurements of population for purposes of this paragraph shall be according to the United States decennial census of 2000 or any future such census. Notice of the opting out of a county shall be immediately transmitted by the governing authority of such county to the governing authority of each other county within the district, to the MONDAY, MARCH 23, 2009 2513 governing authority of each qualified municipality within the county, and to the governing authority of each county sharing a border with any county within the district; (3) Upon any county opting out of a district pursuant to paragraph (2) of this subsection, any remaining constituent county shall have 30 days from the expiration of the 45 day period provided for in paragraph (2) of this subsection to opt out of such district by the same mechanism and with the same notice provided for in paragraph (2) of this subsection; (4) Those counties that do not opt out of a district within the time limits prescribed in this subsection and those which opt in pursuant to the provisions subsection (c) of Code Section 48-8-221 shall thereafter constitute the special transportation district. The voting officials of the district shall be reconstituted to include, pursuant to subsection (c) of Code Section 48-8-221, only the elected officials of those counties and qualified municipalities included in the special transportation district; (5) The voting officials of the district as reconstituted pursuant to paragraph (4) of this subsection shall meet as soon as practicable after the reconstitution of the district. The district in cooperation with its constituent counties and qualified municipalities and the designated transportation agency or agencies may revise by resolution the list of transportation projects, if necessary or advisable, to remove or amend any project planned for an area no longer within the district and to add or amend any project for an area that was added to the district; and (6) As soon as practicable after the expiration of the time for removal of counties from a district and after any revision of such resolution after the removal of any counties from the district, the voting officials of the district may by a majority vote submit to electors of the district the transportation project list and the question of whether the levy provided for by this article should be approved. 48-8-223. (a)(1) Special transportation districts not encompassing any part of the metropolitan transportation district created pursuant to Code Section 48-8-222 may be created by the governing authorities of two or more contiguous counties or by the governing authority of a single county. (2) Prior to the issuance of the call for the referendum required by subsection (d) of this Code section, the county or counties that desire to levy a tax under this article within the special transportation district created pursuant to this Code section shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. (b)(1) Following the meeting required by paragraph (2) of subsection (a) of this Code 2514 JOURNAL OF THE SENATE section, the governing authority or authorities of the county or counties within the district may enter into an intergovernmental agreement with each other and with one or more qualified municipalities within the district containing a combined total of no less than 50 percent of the aggregate municipal population located within the district. (2) At a minimum, the intergovernmental agreement authorized by paragraph (1) of this subsection shall include the following: (A) A list of the projects and proposals qualifying as transportation purposes proposed to be funded from the levy authorized by this article; (B) The estimated or projected dollar amounts allocated for each project from proceeds from the levy authorized by this article; (C) The procedures for distributing proceeds from the levy authorized by this article to qualified municipalities; (D) A schedule for distributing proceeds from the levy authorized by this article to qualified municipalities which shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all transportation projects included in the agreement shall be funded from proceeds from the levy authorized by this article except as otherwise agreed; (F) A provision that proceeds from the levy authorized by this article shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article; and (H) Such other provisions as the county, counties, and participating municipalities choose to address. (c)(1) Following the commencement of negotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which reflects a good faith effort to resolve the dispute. Any negotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (2) of this subsection. If the parties fail to reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, any party necessary to an agreement may file a petition in superior court of the county seeking resolution of the items remaining 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 county and qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district shall separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from the county and one from qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within MONDAY, MARCH 23, 2009 2515 the district. The offer from the county may be an offer representing the county and any municipalities that are not represented in the offer from the qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district. The visiting or senior judge shall conduct such hearings as the judge deems necessary and shall render a decision based on, but not limited to, the criteria in paragraph (2) of this subsection. The judge's decision on the allocation of the levy proceeds shall adopt the best and final offer of one of the parties but shall also include findings of fact. The judge shall enter a final order containing a distribution certificate and transmit a copy of it to the commissioner of revenue. Appeal shall be by application and the decision of the judge shall be altered only for the judge's disregard of the law, for partiality of the judge, or for corruption, fraud, or misconduct by the judge or a party. (2) The judge's decision on the allocation of the levy proceeds shall be based upon, but not be limited to, the following criteria: (A) Assurance of future trip reliability and competitive travel times; (B) Navigation around metropolitan area congestion; (C) Connection of major freight origins and destinations; (D) Creation of limited access facilities for trucks connecting other origins and destinations; (E) Creation of new capacity for freight rail; (F) Addressing of major bottlenecks; (G) Improvement or grade separation of major at-grade rail crossings; (H) Expansion of access to jobs and linkage of labor markets; (I) Implementation of current transportation plans; (J) Creation of a high-speed or commuter rail network; (K) Enhancement of public mass transit operations and capacity; (L) Maintenance and improvement of existing roads and bridges; and (M) Each jurisdiction's mileage of public roads and vehicle mileage traveled as determined by the Georgia Department of Transportation. (3) Costs of any conflict resolution under paragraph (1) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the levy as reflected by the renegotiated certificate or as otherwise ordered by the court. (d)(1) As soon as practicable after the meeting between the governing authorities of the county, counties, and qualified municipalities and the execution of an intergovernmental agreement, if applicable, the governing authorities of the counties of the district may by a majority vote on a resolution offered for such purpose submit the project list and the question of whether the levy authorized by this article should be approved to electors of the district in an election called for such purpose and shall notify each county election superintendent within the district by forwarding to the superintendent a copy of such resolution calling for the imposition of the levy. (2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation projects to be funded; 2516 JOURNAL OF THE SENATE (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; and (C) The maximum period of time, to be stated in calendar years, for which the levy may be levied and the rate thereof. (e) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects. 48-8-224. (a) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the levy shall correspond generally to the procedures provided for by Part 1 of Article 3 of this chapter, except that the project or proposal list provided for by Code Sections 48-8-222 and 48-8-223, or a digest thereof, shall be available during regular business hours in the office of the county clerk of each county that has authorized the levy. (b) The ballot submitting the question of the imposition of the levy authorized by this article to the voters within the special district shall have written or printed thereon the following: '( ) YES ( ) NO Shall a special ___ percent sales and use tax be imposed in the special transportation district consisting of _______County (or Counties) for a period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for the purpose of transportation?' (c) The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the levy shall vote 'Yes' and all persons opposed to imposing the levy shall vote 'No.' If more than one-half of the votes cast throughout the entire district are in favor of imposing the levy, then the levy shall be imposed as provided in this article. (d) Where such question is not approved by the voters, the county or counties of the district may resubmit such question from time to time and may amend such project or proposal list or digest thereof. Proceedings for the reimposition of such levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (e) Whenever the levy is authorized pursuant to the provisions of this article, the counties within the approving district shall levy a sales and use tax as provided for by this article, to be collected as provided by law. 48-8-225. The proceeds of a levy authorized by this article shall be transferred to a trust fund maintained on behalf of the district by the metropolitan district board if created MONDAY, MARCH 23, 2009 2517 pursuant to Code Section 48-8-222 or by one of the counties that created the district, a regional commission, or some other public body agreed to by the county or counties that created the district if the district was created pursuant to Code Section 48-8-223. Such proceeds are to be expended as provided for by this article and shall be used exclusively for the purpose or purposes specified in the resolution calling for imposition of the levy and shall not be commingled in any manner with any other funds held or received by any county, municipality, or metropolitan district board. 48-8-226. Upon request of the metropolitan district board, if the district was created pursuant to Code Section 48-8-222, or upon request of the county or counties that created the district, if the district was created pursuant to Code Section 48-8-223, the district transportation agency or agencies and the Department of Community Affairs shall cooperate with the district and its constituent counties and qualifying municipalities and upon request of such parties shall be responsible for designing, planning, and contracting for the construction of the projects. 48-8-227. Nothing in this article shall be construed to prohibit counties and municipalities located in a district from imposing as additional taxes local sales and use taxes otherwise authorized by general law. 48-8-228. The levy authorized by this article shall not be imposed in any jurisdiction the electors of which were not eligible to vote in an election called to approve such levy. 48-8-229. The levy authorized by this article shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing. 48-8-230. (a) The levy authorized by this article shall only be levied on the first $5,000.00 of any transaction regarding a motor vehicle, watercraft, or aircraft. (b) The levy authorized by this article 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, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, '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 2518 JOURNAL OF THE SENATE (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale. 48-8-231. Except as otherwise specifically provided in this article, the levy authorized by this article shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that such levy shall be imposed on the sale of food or beverages as provided for in paragraph (57) of Code Section 48-8-3. 48-8-232. (a) A record of projects on which levy proceeds are used shall be maintained by each county and municipality receiving proceeds from the levy authorized by this article, and a report shall be prepared not later than December 31 of each year. Such record and report shall conform to the requirements of Code Section 48-8-122. (b) 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 its procurement practices." SECTION 2. This Act shall become effective on January 1, 2011; provided, however, that this Act shall only become effective on January 1, 2011, upon the ratification of a resolution at the November, 2010, state-wide general election, which resolution amends the Constitution so as to authorize regional funding sources for transportation purposes. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2011. 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 Buckner Y Bulloch Y Butler Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers N Seabaugh Y Seay Y Shafer Y Sims Y Smith MONDAY, MARCH 23, 2009 2519 Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 3. HB 277, having received the requisite constitutional majority, was passed by substitute. Senator Mullis of the 53rd moved that HB 277 be immediately transmitted to the House. There was no objection and HB 277 was immediately transmitted. The President recognized Mildred Slayton, commended by SR 629, adopted previously. Mildred Slayton addressed the Senate briefly. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 565 until 10:00 a.m. Wednesday, March 25, 2009; the motion prevailed, and at 12:42 p.m. the President announced the Senate adjourned. 2520 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 25, 2009 Thirty-sixth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Tommie Williams, 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 706. By Representatives Thompson of the 104th, Floyd of the 99th, Thomas of the 100th, Mitchell of the 88th, Marin of the 96th and others: A BILL to be entitled an Act to authorize the governing authority of the City of Lawrenceville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 710. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th: A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain provisions relating to a definition; to change certain provisions relating to composition, terms, quorum, and voting; to change certain provisions relating to powers of the authority; to change certain provisions relating to bonds of the authority; to change certain provisions relating to rules and regulations; to change certain provisions relating to effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 25, 2009 2521 HB 756. HB 763. HB 765. HB 766. HB 769. By Representatives Shaw of the 176th and Carter of the 175th: A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for the powers and composition of the board of commissioners; to provide for election districts, qualifications, terms of office, and filling of vacancies of commissioners; to provide for submission pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a referendum, severability, contingent effective dates, and automatic repeal; to provide for the repeal of existing enabling legislation; to repeal conflicting laws; and for other purposes. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4454), so as to give to the chairperson of the board of commissioners a vote only in the event of a tie vote; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th: A BILL to be entitled an Act to repeal an Act creating the Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703), as amended, so as to dissolve such authority and repeal such Act and amendments in their entirety; to repeal conflicting laws; and for other purposes. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th: A BILL to be entitled an Act to abolish the office of elected county surveyor of Lamar County pursuant to Code Section 36-7-2.1 of the O.C.G.A. and provide for the appointment of a county surveyor; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Powell of the 29th: A BILL to be entitled an Act to amend an Act providing a new charter for 2522 JOURNAL OF THE SENATE the City of Franklin Springs, approved April 13, 1992 (Ga. L. 1992, p. 6180), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3959), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes. HB 770. By Representative Nix of the 69th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Franklin, approved March 24, 1988 (Ga. L. 1988, p. 4515), so as to state legislative findings; to establish the compensation of the mayor and councilmembers of the City of Franklin for a period of time; to provide that such compensation shall thereafter be determined as provided by ordinance and general law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 678. By Representatives Buckner of the 130th, Cheokas of the 134th and James of the 135th: A BILL to be entitled an Act to create a board of elections and registration for Talbot 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 a registrar and the powers and duties thereof; to provide for certain expenditures of public funds; 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 House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 233. By Representative Lindsey of the 54th: 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. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: WEDNESDAY, MARCH 25, 2009 2523 SB 122. By Senators Goggans of the 7th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to divide the Georgia Retiree Health Benefit Fund into two funds; to define certain terms; to create the Georgia State Retiree Health Benefit Fund and the Georgia School Retiree Health Benefit Fund; to repeal the Georgia Retiree Health Benefit Fund; to provide for applicability; 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 294. By Senators Grant of the 25th, Jackson of the 24th, Cowsert of the 46th, Tolleson of the 20th, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; 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 278. By Senators Rogers of the 21st, Williams of the 19th, Moody of the 56th, Harp of the 29th, Staton of the 18th and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for graduation from high school in three years; to provide for grants for graduate postsecondary education for a high school student who graduates in three years; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 279. By Senators Adelman of the 42nd, Jones of the 10th, Thompson of the 5th, Butler of the 55th, Henson of the 41st and others: A BILL to be entitled an Act to authorize the City of Decatur to exercise all 2524 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. SB 280. By Senator Brown of the 26th: A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to change the procedure for choosing members of such authority; to provide for terms for such members; to provide for certain billing cycles; to eliminate certain excises; to provide for the elimination of certain compensation plans; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 281. By Senators Mullis of the 53rd, Rogers of the 21st and Seabaugh of the 28th: A BILL to be entitled an Act to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to carrying deadly weapons to or at public gatherings and affirmative defenses, so as to authorize churches to determine for themselves whether to permit or exclude persons licensed or permitted to carry firearms to carry firearms on church premises or at church functions; to authorize persons licensed or permitted to carry firearms to carry firearms on church premises or at church functions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. SR 664. By Senators Thomas of the 54th, Hawkins of the 49th, Unterman of the 45th and Goggans of the 7th: A RESOLUTION acknowledging the importance of a comprehensive approach to providing patient centered care and creating the Senate Study Committee on the Patient Centered Medical Home; and for other purposes. Referred to the Health and Human Services Committee. WEDNESDAY, MARCH 25, 2009 2525 SR 665. By Senators Thomas of the 54th, Rogers of the 21st, Hill of the 32nd and Unterman of the 45th: A RESOLUTION creating the Senate Administration of Dental Benefits for Medicaid and PeachCare Study Committee; and for other purposes. Referred to the Health and Human Services Committee. SR 667. By Senator Tolleson of the 20th: A RESOLUTION creating the Senate Retrofit of Diesel Engines 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 706. By Representatives Thompson of the 104th, Floyd of the 99th, Thomas of the 100th, Mitchell of the 88th, Marin of the 96th and others: A BILL to be entitled an Act to authorize the governing authority of the City of Lawrenceville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 710. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th: A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain provisions relating to a definition; to change certain provisions relating to composition, terms, quorum, and voting; to change certain provisions relating to powers of the authority; to change certain provisions relating to bonds of the authority; to change certain provisions relating to rules and regulations; to change certain provisions relating to effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2526 JOURNAL OF THE SENATE HB 756. By Representatives Shaw of the 176th and Carter of the 175th: A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for the powers and composition of the board of commissioners; to provide for election districts, qualifications, terms of office, and filling of vacancies of commissioners; to provide for submission pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a referendum, severability, contingent effective dates, and automatic repeal; to provide for the repeal of existing enabling legislation; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 763. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4454), so as to give to the chairperson of the board of commissioners a vote only in the event of a tie vote; 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 765. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th: A BILL to be entitled an Act to repeal an Act creating the Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703), as amended, so as to dissolve such authority and repeal such Act and amendments in their entirety; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 766. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th: A BILL to be entitled an Act to abolish the office of elected county surveyor of Lamar County pursuant to Code Section 36-7-2.1 of the O.C.G.A. and provide for the appointment of a county surveyor; 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. WEDNESDAY, MARCH 25, 2009 2527 HB 769. 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), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3959), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 770. By Representative Nix of the 69th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Franklin, approved March 24, 1988 (Ga. L. 1988, p. 4515), so as to state legislative findings; to establish the compensation of the mayor and councilmembers of the City of Franklin for a period of time; to provide that such compensation shall thereafter be determined as provided by ordinance and general 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. The following communication from His Excellency, Governor Sonny Perdue, was read by the Secretary: Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 March 24, 2009 The Honorable Casey Cagle Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334 Dear Lieutenant Governor and Members of the Senate: I submit to you, as provided by law, the following appointments for confirmation. 2528 JOURNAL OF THE SENATE The Honorable Joel McKie of Wilcox County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 7, 2009, and ending January 1, 2011. The Honorable Micah Story of Clarke County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 7, 2009, and ending January 1, 2011. The Honorable Vann Wooten of Jeff Davis County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 7, 2009, and ending January 1, 2011. The Honorable Kay Brown of Bulloch County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 12, 2009, and ending January 1, 2015. The Honorable John Cowherd of Clayton County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 17, 2009, and ending March 15, 2015. The Honorable Joe Edwards of Lamar County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 12, 2009, and ending January 1, 2015. The Honorable Thomas Bobbitt, III of Laurens County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning July 9, 2008, and ending July 1, 2011. The Honorable Rita Cavanaugh of Spalding County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning July 9, 2008, and ending July 1, 2010. The Honorable Connie Holt of Morgan County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning July 10, 2008, and ending July 1, 2011. The Honorable Steve Cronic of Hall County, as a member of the Board of Commissioners of the Sheriffs Retirement Fund of Georgia, for the term of office beginning July 16, 2008, and ending June 30, 2012. The Honorable Bill Hutson, of Cobb County, as a member of the Board of Commissioners of the Sheriffs Retirement Fund of Georgia, for the term of office beginning July 16, 2008, and ending June 30, 2010. WEDNESDAY, MARCH 25, 2009 2529 The Honorable Carolyn Crayton of Bibb County, as a member of the Board of Community Affairs, for the term of office beginning August 21, 2008, and ending July 1, 2013. The Honorable Mike Evans of Forsyth County, as a member of the Board of Community Affairs, for the term of office beginning October 17, 2008, and ending July 1, 2009. The Honorable John Fretti of Lowndes County, as a member of the Board of Community Affairs, for the term of office beginning January 14, 2009, and ending July 1, 2013. The Honorable Bebe Heiskell of Walker County, as a member of the Board of Community Affairs, for the term of office beginning August 19, 2008, and ending July 1, 2013. The Honorable Steve Nygren of Fulton County, as a member of the Board of Community Affairs, for the term of office beginning August 19, 2008, and ending July 1, 2013. The Honorable Sam Olens of Cobb County, as a member of the Board of Community Affairs, for the term of office beginning June 6, 2008, and ending July 1, 2012. The Honorable Frank Turner of Newton County, as a member of the Board of Community Affairs, for the term of office beginning June 4, 2008, and ending January 1, 2013. The Honorable Bruce Williamson of Walton County, as a member of the Board of Community Affairs, for the term of office beginning August 19, 2008, and ending July 1, 2013. 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 26, 2008, and ending June 30, 2012. The Honorable Carl Franklin of DeKalb County, as a member of the Board of Corrections, for the term of office beginning September 26, 2008, and ending July 1, 2013. The Honorable Roger Garrison of Cherokee County, as a member of the Board of Corrections, for the term of office beginning September 26, 2008, and ending January 1, 2013. The Honorable Rob Jones of Morgan County, as a member of the Board of Corrections, for the term of office beginning September 26, 2008, and ending January 1, 2013. 2530 JOURNAL OF THE SENATE The Honorable Kris Nordholz of Hall County, as a member of the Board of Corrections, for the term of office beginning September 26, 2008, and ending July 1, 2013. The Honorable Roger Waldrop of Polk County, as a member of the Board of Corrections, for the term of office beginning April 17, 2008, and ending January 1, 2013. The Honorable Rose Williams of Jones County, as a member of the Board of Corrections, for the term of office beginning November 25, 2008, and ending July 1, 2013. The Honorable Rayna Casey of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning April 18, 2008, and ending December 15, 2012. The Honorable Dwight Evans of DeKalb County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning April 17, 2008, and ending June 1, 2012. The Honorable Lara Hodgson of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning July 16, 2008, and ending June 1, 2009. The Honorable Al Nash of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 3, 2008, and ending June 1, 2009. The Honorable David Connell of Cobb County, as a member of the Board of Driver Services, for the term of office beginning July 16, 2008, and ending June 30, 2009. The Honorable Susan Harper of Dougherty County, as a member of the Board of Early Care and Learning, for the term of office beginning March 4, 2009, and ending May 12, 2011. The Honorable Carolyn Ormsby, Ed.D. of Rockdale County, as a member of the Board of Early Care and Learning, for the term of office beginning June 18, 2008, and ending July 1, 2012. The Honorable Katie Ward of Effingham County, as a member of the Board of Early Care and Learning, for the term of office beginning August 15, 2008, and ending July 1, 2011. The Honorable Darrell Wilder of Lowndes County, as a member of the Board of Early Care and Learning, for the term of office beginning December 12, 2008, and ending July 1, 2009. WEDNESDAY, MARCH 25, 2009 2531 The Honorable Mike Garrett of Fulton County, as a member of the Board of Economic Development, for the term of office beginning December 5, 2008, and ending July 1, 2013. The Honorable Philip Wilheit of Hall County, as a member of the Board of Economic Development, for the term of office beginning December 5, 2008, and ending July 1, 2013. The Honorable Taz Anderson of Fulton County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning July 31, 2008, and ending July 1, 2011. The Honorable John Downs of Cobb County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning June 18, 2008, and ending July 1, 2011. The Honorable Glenn Hicks, III of Gwinnett County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning June 18, 2008, and ending July 1, 2009. The Honorable Lee Hunter of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning July 1, 2008, and ending July 1, 2012. The Honorable Tim Lowe of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning April 17, 2008, and ending July 1, 2011. The Honorable Bob Prather of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning June 18, 2008, and ending July 1, 2011. The Honorable Gary Smith of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning March 18, 2009, and ending July 1, 2009. The Honorable Doug Tollett of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning August 28, 2008, and ending July 1, 2009. The Honorable Dee Yancey of Floyd County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning July 21, 2008, and ending July 1, 2012. 2532 JOURNAL OF THE SENATE The Honorable J. Daniel Shuman of Tattnall County, as a member of the Board of Juvenile Justice, for the term of office beginning November 14, 2008, and ending July 6, 2013. The Honorable Walter Hudson of Douglas County, as a member of the Board of Natural Resources, for the term of office beginning July 16, 2008, and ending March 16, 2015. The Honorable Phyllis Johnson of Jeff Davis County, as a member of the Board of Natural Resources, for the term of office beginning March 17, 2009, and ending March 16, 2016. The Honorable Patrick Head of Cobb County, as a member of the Board of Public Safety, for the term of office beginning February 26, 2009, and ending January 20, 2012. The Honorable Cullen Talton of Houston County, as a member of the Board of Public Safety, for the term of office beginning February 26, 2009, and ending January 20, 2012. The Honorable Jerry Willis of Houston County, as a member of the Board of Public Safety, for the term of office beginning February 23, 2009, and ending January 20, 2013. The Honorable Danny Craig of Richmond County, as a member of the Board of Trustees of the Judicial Retirement System of Georgia, for the term of office beginning February 23, 2009, and ending July 1, 2012. The Honorable Billy Ray of Gwinnett County, as a member of the Board of Trustees of the Judicial Retirement System of Georgia, for the term of office beginning February 6, 2009, and ending July 1, 2012. The Honorable John Quinn of DeKalb County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning June 18, 2008, and ending July 1, 2013. The Honorable Susan Brantley of Washington County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning September 5, 2008, and ending June 30, 2011. The Honorable Charlie Moseley of Fulton County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning April 17, 2008, and ending June 30, 2011. The Honorable Eddie Cheeks, MD of Richmond County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 20, 2009, and ending July 1, 2012. WEDNESDAY, MARCH 25, 2009 2533 The Honorable Roland Summers, MD of Chatham County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 20, 2009, and ending July 1, 2012. The Honorable Richard Weil, MD of Fulton County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 20, 2009, and ending July 1, 2012. The Honorable Charles White, DO of White County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 20, 2009, and ending July 1, 2012. The Honorable David Lyons of Chatham County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning February 10, 2009, and ending July 1, 2012. The Honorable Lois Salter of Gwinnett County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning November 6, 2008, and ending July 1, 2012. The Honorable Ann Jones of Hall County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning September 17, 2008, and ending June 30, 2012. The Honorable Foster Rhodes of Houston County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning August 26, 2008, and ending June 30, 2012. The Honorable Johnny Webb of White County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning May 29, 2008, and ending June 30, 2011. The Honorable Robert Williams of Pierce County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning May 29, 2008, and ending June 30, 2009. The Honorable Roy Cates of Wilkes County, as a member of the Georgia Auctioneers Commission, for the term of office beginning August 13, 2008, and ending August 14, 2010. The Honorable Skeet Echols of Henry County, as a member of the Georgia Auctioneers Commission, for the term of office beginning August 13, 2008, and ending August 14, 2011. 2534 JOURNAL OF THE SENATE The Honorable Uladia Taylor of DeKalb County, as a member of the Georgia Auctioneers Commission, for the term of office beginning August 28, 2008, and ending August 14, 2011. The Honorable Thomas Hatchett, MD of Habersham County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning March 11, 2009, and ending October 6, 2014. The Honorable Jim Lowry of Colquitt County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning March 12, 2009, and ending October 6, 2014. The Honorable Tom Bair of Spalding County, as a member of the Georgia Board of Athletic Trainers, for the term of office beginning May 29, 2008, and ending January 31, 2014. The Honorable Kathleen Bowen of DeKalb County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning June 18, 2008, and ending June 30, 2010. The Honorable Chris Nelson of Floyd County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning June 4, 2008, and ending August 20, 2012. The Honorable Jeff Slocum of Tift County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning July 16, 2008, and ending August 20, 2012. The Honorable Clyde Andrews of Chatham County, as a member of the Georgia Board of Dentistry, for the term of office beginning April 17, 2008, and ending August 1, 2012. The Honorable Logan "Buzzy" Nalley of Richmond County, as a member of the Georgia Board of Dentistry, for the term of office beginning August 19, 2008, and ending August 1, 2013. The Honorable Jan Flynn of Fulton County, as a member of the Georgia Board of Nursing, for the term of office beginning November 25, 2008, and ending September 23, 2011. The Honorable Linda Smith of Thomas County, as a member of the Georgia Board of Nursing, for the term of office beginning November 25, 2008, and ending September 23, 2011. WEDNESDAY, MARCH 25, 2009 2535 The Honorable Rebecca Sullivan of Gwinnett County, as a member of the Georgia Board of Nursing, for the term of office beginning March 4, 2009, and ending December 31, 2010. The Honorable Hank Edmondson of Richmond County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning December 12, 2008, and ending March 1, 2011. The Honorable Simon Bloom of Fulton County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning September 30, 2008, and ending January 1, 2011. The Honorable Laurie Chandler of Floyd County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning September 30, 2008, and ending January 1, 2011. The Honorable John Cooper of Clarke County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning September 30, 2008, and ending January 1, 2011. The Honorable Carol Fey of Cobb County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning September 30, 2008, and ending January 1, 2011. The Honorable Sandra "Sandi" Gentry (Harris) of Hall County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning April 17, 2008, and ending January 1, 2011. The Honorable Richard McIntyre of Talbot County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning April 17, 2008, and ending June 1, 2010. The Honorable Cassidy Moody of Fulton County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 17, 2008, and ending June 1, 2011. The Honorable Elaine Oakes of Walton County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 17, 2008, and ending January 1, 2011. The Honorable Anthony Reeves of DeKalb County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning August 28, 2008, and ending January 1, 2011. 2536 JOURNAL OF THE SENATE The Honorable Michael Statham of Spalding County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning April 17, 2008, and ending January 1, 2011. The Honorable Angela Stephens of Gordon County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 17, 2008, and ending January 1, 2011. The Honorable Lillian Sullivan of Muscogee County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 14, 2008, and ending January 1, 2011. The Honorable Myra Tolbert of DeKalb County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 1, 2008, and ending January 1, 2011. The Honorable Louisa Abbot of Chatham County, as a member of the Georgia Commission on Child Support, for the term of office beginning February 23, 2009, and ending May 9, 2012. The Honorable Quillian Baldwin of Troup County, as a member of the Georgia Commission on Child Support, for the term of office beginning February 23, 2009, and ending May 9, 2012. The Honorable Tom Campbell of Fulton County, as a member of the Georgia Commission on Child Support, for the term of office beginning February 23, 2009, and ending May 9, 2012. The Honorable Seth Harp of Muscogee County, as a member of the Georgia Commission on Child Support, for the term of office beginning February 26, 2009, and ending January 1, 2011. The Honorable Ed Lindsey of Fulton County, as a member of the Georgia Commission on Child Support, for the term of office beginning February 26, 2009, and ending January 1, 2011. The Honorable Robin Ferst of Fulton County, as a member of the Georgia Commission on Hearing Impaired and Deaf Persons, for the term of office beginning March 18, 2009, and ending March 1, 2011. The Honorable Lynn Breck of Gwinnett County, as a member of the Georgia Driver's Education Commission, for the term of office beginning April 17, 2008, and ending August 19, 2011. WEDNESDAY, MARCH 25, 2009 2537 The Honorable Bill Farwig of Fayette County, as a member of the Georgia Driver's Education Commission, for the term of office beginning April 17, 2008, and ending August 19, 2011. The Honorable Keith Collis of Barrow County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning August 28, 2008, and ending at the pleasure of the Governor. The Honorable John Mayes of Floyd County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning July16, 2008, and ending at the pleasure of the Governor. The Honorable Bill Bonner of Fayette County, as a member of the Georgia Real Estate Commission, for the term of office beginning November 10, 2008, and ending January 25, 2013. The Honorable David Burge of Fulton County, as a member of the Georgia Real Estate Commission, for the term of office beginning November 25, 2008, and ending October 26, 2013. The Honorable Gwen Fulcher Young of Richmond County, as a member of the Georgia Real Estate Commission, for the term of office beginning March 11, 2009, and ending January 26, 2014. The Honorable George Holtzman of Liberty County, as a member of the Georgia Real Estate Commission, for the term of office beginning December 12, 2008, and ending January 29, 2012. The Honorable Ben Copeland, Jr. of Peach County, as a member of the Georgia Seed Development Commission, for the term of office beginning July 16, 2008, and ending July 1, 2010. The Honorable John Raley of Glascock County, as a member of the Georgia Seed Development Commission, for the term of office beginning August 6, 2008, and ending July 1, 2010. The Honorable Carl Brack of Carroll County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning July 8, 2008, and ending January 1, 2013. The Honorable Dennis Brown of Banks County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning March 11, 2009, and ending January 1, 2014. 2538 JOURNAL OF THE SENATE The Honorable Steve Singletary of Early County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning July 8, 2008, and ending January 1, 2011. The Honorable Garland Thompson of Coffee County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning July 31, 2008, and ending January 1, 2012. The Honorable Homer Bryson of Hall County, as a member of the Georgia State Indemnification Commission, for the term of office beginning October 3, 2008, and ending at the pleasure of the Governor. The Honorable Johnny Crawley of McDuffie County, as a member of the Georgia State Indemnification Commission, for the term of office beginning September 23, 2008, and ending at the pleasure of the Governor. The Honorable Bob Herriott of Carroll County, as a member of the Judicial Qualifications Commission, for the term of office beginning January 21, 2009, and ending December 31, 2010. The Honorable Jack Winter of Fulton County, as a member of the Judicial Qualifications Commission, for the term of office beginning January 20, 2009, and ending December 31, 2012. The Honorable Julia Bernath of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning July 16, 2008, and ending July 1, 2011. The Honorable Joy Hawkins of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning January 6, 2009, and ending July 1, 2011. The Honorable Stephanie Haynes of Jones County, as a member of the Professional Standards Commission, for the term of office beginning January 6, 2009, and ending July 1, 2010. The Honorable Ed Smith of Troup County, as a member of the Professional Standards Commission, for the term of office beginning January 6, 2009, and ending July 1, 2010. The Honorable Jeannie Tucker of Berrien County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2008, and ending July 1, 2011. WEDNESDAY, MARCH 25, 2009 2539 The Honorable George DeLoach of Burke County, as a member of the Rural Development Council, for the term of office beginning October 1, 2008, and ending August 4, 2010. The Honorable Robb Hurst of Coffee County, as a member of the Rural Development Council, for the term of office beginning October 7, 2008, and ending August 4, 2010. The Honorable Brian James of Franklin County, as a member of the Rural Development Council, for the term of office beginning October 17, 2008, and ending August 4, 2009. The Honorable Dana Kent of Emanuel County, as a member of the Rural Development Council, for the term of office beginning October 17, 2008, and ending August 4, 2009. The Honorable George Gaumond of Lowndes County, as a member of the State Board for the Certification of Librarians, for the term of office beginning July 8, 2008, and ending December 31, 2012. The Honorable Tena Roberts of Bibb County, as a member of the State Board for the Certification of Librarians, for the term of office beginning July 31, 2008, and ending December 31, 2010. The Honorable Susan Whittle of Decatur County, as a member of the State Board for the Certification of Librarians, for the term of office beginning February 23, 2009, and ending January 1, 2014. The Honorable Wanda Brooks of Gwinnett County, as a member of the State Board of Cosmetology, for the term of office beginning February 23, 2009, and ending August 9, 2010. The Honorable Betty Carlisle of Bibb County, as a member of State Board of Cosmetology, for the term of office beginning June 4, 2008, and ending May 29, 2011. The Honorable Michelle Cox-Turley of Chatham County, as a member of the State Board of Cosmetology, for the term of office beginning June 4, 2008, and ending May 1, 2011. The Honorable James "Slatz" Gaines of Hall County, as a member of the State Board of Cosmetology, for the term of office beginning June 18, 2008, and ending May 1, 2011. The Honorable Kay Kendrick of McDuffie County, as a member of the State Board of Cosmetology, for the term of office beginning February 23, 2009, and ending May 1, 2010. The Honorable John Siggers of Fulton County, as a member of the State Board of 2540 JOURNAL OF THE SENATE Cosmetology, for the term of office beginning February 23, 2009, and ending August 9, 2010. The Honorable Mary Sue Murray of Douglas County, as a member of the State Board of Education, for the term of office beginning January 6, 2009, and ending January 1, 2016. The Honorable Elizabeth Ragsdale of Dougherty County, as a member of the State Board of Education, for the term of office beginning January 6, 2009, and ending January 1, 2016. The Honorable Allen Rice of Toombs County, as a member of the State Board of Education, for the term of office beginning January 6, 2009, and ending January 1, 2014. The Honorable Linda Zechmann of Ware County, as a member of the State Board of Education, for the term of office beginning January 6, 2009, and ending January 1, 2016. The Honorable Dr. Marsha Sauls of DeKalb County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning February 23, 2009, and ending January 7, 2014. The Honorable Terry Cook of Telfair County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 7, 2008, and ending June 4, 2010. The Honorable Maxine McCullar of Cobb County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 17, 2008, and ending June 4, 2011. The Honorable Norma Jean Morgan of Effingham County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 12, 2008, and ending December 29, 2009. The Honorable Phil Stone of Newton County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 22, 2008, and ending June 4, 2011. The Honorable Dennis Taylor, MD of Laurens County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning November 25, 2008, and ending December 29, 2009. The Honorable Sheila Weddon of Burke County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 7, 2008, and ending June 4, 2011. WEDNESDAY, MARCH 25, 2009 2541 The Honorable Mary Louise Austin of Fulton County, as a member of the State Board of Occupational Therapy, for the term of office beginning May 29, 2008, and ending June 30, 2012. The Honorable Rachele Branson of DeKalb County, as a member of the State Board of Occupational Therapy, for the term of office beginning May 29, 2008, and ending December 31, 2009. The Honorable Jeff Etheridge of Dougherty County, as a member of the State Board of Occupational Therapy, for the term of office beginning May 29, 2008, and ending December 31, 2011. The Honorable Dudley Christie of Houston County, as a member of the State Board of Optometry, for the term of office beginning October 7, 2008, and ending September 6, 2011. The Honorable Kemp Jones of Emanuel County, as a member of the State Board of Optometry, for the term of office beginning October 7, 2008, and ending September 6, 2010. The Honorable Betty Ann Lindsey of Tift County, as a member of the State Board of Optometry, for the term of office beginning March 4, 2009, and ending July 1, 2009. The Honorable Whit Lord of Bulloch County, as a member of the State Board of Optometry, for the term of office beginning October 7, 2008, and ending September 6, 2009.. The Honorable Kay Royal of Stephens County, as a member of the State Board of Optometry, for the term of office beginning October 17, 2008, and ending September 6, 2010. The Honorable Bill Sharpton of Rabun County, as a member of the State Board of Optometry, for the term of office beginning October 9, 2008, and ending September 6, 2009. The Honorable Jim Donald of DeKalb County, as a member of the State Board of Pardons and Paroles, for the term of office beginning January 6, 2009, and ending December 31, 2015. The Honorable Pat McPherson of Cobb County, as a member of the State Board of Pharmacy, for the term of office beginning November 6, 2008, and ending November 1, 2013. 2542 JOURNAL OF THE SENATE The Honorable Ronnie Wallace of Floyd County, as a member of the State Board of Pharmacy, for the term of office beginning September 17, 2008, and ending July 6, 2013. The Honorable John Cowherd of Clayton County, as a member of the State Board of Physical Therapy, for the term of office beginning August 13, 2008, and ending June 30, 2010. The Honorable Emily Garner of Carroll County, as a member of the State Board of Physical Therapy, for the term of office beginning August 28, 2008, and ending August 30, 2009. The Honorable Lola Sicard-Rosenbaum of Houston County, as a member of the State Board of Physical Therapy, for the term of office beginning August 13, 2008, and ending August 30, 2010. The Honorable Donald Walsh of Hall County, as a member of the State Board of Physical Therapy, for the term of office beginning August 13, 2008, and ending August 30, 2010. The Honorable Sarvepalli Jokhai of Bibb County, as a member of the State Board of Podiatry Examiners, for the term of office beginning March 16, 2009, and ending May 5, 2011. The Honorable James Butler of Lamar County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning March 11, 2009, and ending July 1, 2013. The Honorable Dean Alford of Rockdale County, as a member of the State Board of Technical and Adult Education, for the term of office beginning August 19, 2008, and ending June 30, 2013. The Honorable Shaw Blackmon of Houston County, as a member of the State Board of Technical and Adult Education, for the term of office beginning August 15, 2008, and ending June 30, 2013. The Honorable John "Pepper" Bullock of Fulton County, as a member of the State Board of Technical and Adult Education, for the term of office beginning May 29, 2008, and ending June 30, 2013. The Honorable Tommy David of Bulloch County, as a member of the State Board of Technical and Adult Education, for the term of office beginning October 3, 2008, and ending June 30, 2013. WEDNESDAY, MARCH 25, 2009 2543 The Honorable Mary Flanders of Chatham County, as a member of the State Board of Technical and Adult Education, for the term of office beginning February 6, 2009, and ending June 30, 2013. The Honorable Steve Gooch of Lumpkin County, as a member of the State Board of Technical and Adult Education, for the term of office beginning March 4, 2009, and ending June 30, 2013. The Honorable Cedric Johnson of Richmond County, as a member of the State Board of Technical and Adult Education, for the term of office beginning February 6, 2009, and ending June 30, 2013. The Honorable Otis Raybon, Jr. of Floyd County, as a member of the State Board of Technical and Adult Education, for the term of office beginning June 30, 2008, and ending June 30, 2013. The Honorable Sandra Reed of Thomas County, as a member of the State Board of Technical and Adult Education, for the term of office beginning August 20, 2008, and ending June 30, 2013. The Honorable Michael Sullivan of Gwinnett County, as a member of the State Board of Technical and Adult Education, for the term of office beginning June 30, 2008, and ending June 30, 2013. The Honorable Jim Belk of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 8, 2008, and ending June 30, 2012. The Honorable Hal Cosper of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 7, 2008, and ending June 30, 2011. The Honorable Tom Dozier of Richmond County, as a member of the State Construction Industry Licensing Board, for the term of office beginning April 17, 2008, and ending June 30, 2011. The Honorable Jan King of Houston County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 7, 2008, and ending June 30, 2012. The Honorable David Rawson of Fulton County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 7, 2008, and ending June 30, 2012. 2544 JOURNAL OF THE SENATE The Honorable Lin Rogers of Fulton County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 8, 2008, and ending June 30, 2011. The Honorable Albert Scales of Paulding County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 7, 2008, and ending June 30, 2011. The Honorable Keith Steen of Fayette County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 17, 2008, and ending June 30, 2012. The Honorable Maudine Wright of Coffee County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 8, 2008, and ending June 30, 2012. The Honorable Patrick Millsaps of Mitchell County, as a member of the State Ethics Commission, for the term of office beginning February 10, 2009, and ending February 5, 2011. The Honorable C. David Moody, Jr. of DeKalb County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 10, 2009, and ending July 1, 2013. The Honorable Ed Strain of Habersham County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning July 22, 2008, and ending July 1, 2013. The Honorable Patty Bailey of Fulton County, as a member of the State Personnel Board, for the term of office beginning May 29, 2008, and ending January 3, 2012. Sincerely, /s/ Sonny Perdue Referred to the Rules Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, MARCH 25, 2009 2545 HB 516 HB 529 SR 622 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 243 Do Pass by substitute HB 280 Do Pass HB 455 Do Pass SR 444 Do Pass by substitute 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 186 HB 261 HB 333 HB 358 HB 364 Do Pass Do Pass Do Pass by substitute Do Pass Do Pass HB 379 HB 438 HB 439 HB 485 Do Pass Do Pass by substitute Do Pass by substitute 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 457 Do Pass by substitute SR 635 Do Pass SR 641 Do Pass SR 642 Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman 2546 JOURNAL OF THE SENATE 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 313 SR 613 SR 627 Do Pass Do Pass 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: HB 29 HB 123 HB 127 HB 145 HB 147 HB 167 HB 195 HB 216 HB 220 HB 221 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass HB 245 HB 254 HB 303 HB 315 HB 324 HB 331 HB 453 HB 495 HB 667 Do Pass Do Pass by substitute Do Pass Do Pass by substitute Do Pass Do Pass by substitute Do Pass 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 406 Do Pass HB 552 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman WEDNESDAY, MARCH 25, 2009 2547 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 68 HB 115 HB 158 Do Pass by substitute Do Pass by substitute Do Pass HB 568 HB 579 HB 614 Do Pass by substitute Do Pass 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 instructed me to report the same back to the Senate with the following recommendation: HB 371 HB 465 HB 488 Do Pass by substitute Do Pass 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 173 Do Pass HB 549 Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th 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: 2548 JOURNAL OF THE SENATE HB 297 HB 459 HB 721 HB 737 Do Pass Do Pass Do Pass Do Pass HB 752 HB 754 SB 263 SB 274 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following legislation was read the second time: HB 29 HB 115 HB 123 HB 127 HB 145 HB 147 HB 158 HB 167 HB 173 HB 186 HB 195 HB 216 HB 220 HB 221 HB 243 HB 245 HB 254 HB 261 HB 280 HB 303 HB 313 HB 315 HB 324 HB 331 HB 333 HB 358 HB 364 HB 371 HB 379 HB 406 HB 438 HB 439 HB 453 HB 455 HB 457 HB 465 HB 485 HB 488 HB 495 HB 516 HB 529 HB 549 HB 552 HB 568 HB 579 HB 614 HB 667 SR 444 SR 613 SR 622 SR 627 SR 635 SR 641 SR 642 The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Sims of the 12th Senator Hooks of the 14th 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 Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Goggans Golden Grant Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Reed Rogers Seabaugh Seay Shafer Smith Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Unterman WEDNESDAY, MARCH 25, 2009 2549 Hamrick Harbison Harp Orrock Pearson Ramsey Weber Wiles Not answering were Senators: Douglas (Excused) Sims (Excused) Fort Thompson, S. (Excused) Powell Williams (Presiding) The members pledged allegiance to the flag. Senator Balfour of the 9th introduced the chaplain of the day, Reverend Guy Priester of Snellville, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 663. By Senators Cowsert of the 46th, Chance of the 16th, Hudgens of the 47th and Goggans of the 7th: A RESOLUTION recognizing and commending Mrs. Sarah Robertson Carnes; and for other purposes. SR 666. By Senators Jackson of the 24th, Cowsert of the 46th, Goggans of the 7th, Staton of the 18th, Hill of the 32nd and others: A RESOLUTION recognizing and commending Kalinda Hathorn; and for other purposes. SR 668. By Senator Shafer of the 48th: A RESOLUTION honoring the life and memory of Mr. Lawrence "Larry" H. Garrett; and for other purposes. SR 669. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Reverend Dr. Sherry Gaither; and for other purposes. SR 670. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION congratulations to the Miller Grove varsity boys basketball team on winning the 2009 GHSA Class AAAA State Championship; and for other purposes. 2550 JOURNAL OF THE SENATE SR 671. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION commending Nicholas Stephens; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday, March 25, 2009 Thirty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 263 Douglas of the 17th Ramsey of the 43rd ROCKDALE COUNTY PROBATE COURT A BILL to be entitled an Act to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4770), so as to change the provisions relating to the compensation of such judge; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 274 Harbison of the 15th Harp of the 29th MUNICIPAL COURT OF COLUMBUS, GEORGIA A BILL to be entitled an Act to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4593), so as to provide that municipal court judges shall be elected on a nonpartisan basis; to increase the jurisdiction of the court in certain cases; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 297 Johnson of the 1st Jackson of the 2nd CITY OF GARDEN CITY A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, HB 459 HB 721 WEDNESDAY, MARCH 25, 2009 2551 p. 3581), 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 council members; to change the provisions relating to the regular expiration of terms of office of certain council members; to provide for elections; to provide for qualification, nomination, and election of candidates; to provide for districting; to provide for qualifications; to provide for the submission of the city's operating and capital budgets to the city council by the city manager; to provide for action on the budget; to provide for severability; to repeal conflicting laws; and for other purposes. 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 in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to revise extensively such Act and amendatory Acts; to provide for definitions; to provide for employee participation; to provide for employer contributions; to provide for normal retirement benefits; to provide for early retirement benefits; to proved for disability benefits; to provide for deferred vested benefit; to provide for a death benefit; to provide for payment of accrued benefit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Bulloch of the 11th TOWN OF OCHLOCKNEE A BILL to be entitled an Act to provide a new charter for the Town of Ochlocknee; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to 2552 JOURNAL OF THE SENATE 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 an effective date; to repeal conflicting laws; and for other purposes. HB 737 Bulloch of the 11th CITY OF NORMAN PARK A BILL to be entitled an Act to provide a new charter for the City of Norman Park in Colquitt County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 752 Hill of the 4th TOWN OF PULASKI A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to reduce the number of councilmembers; to change the manner and method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 754 Hill of the 4th TOWN OF OAK PARK A BILL to be entitled an Act to amend an Act to incorporate the Town of Oak Park, in the County of Emanuel, approved July 18, 1929 (Ga. L. 1929, p. 1241), as amended, so as to provide for a municipal court; to provide for a judge of such court; to provide for the jurisdiction, functions, practices, procedures, duties, and responsibilities of such court; to provide for the right of certiorari; 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. WEDNESDAY, MARCH 25, 2009 2553 On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Cowsert Y Crosby E 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 Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the local legislation, the yeas were 44, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Brown of the 26th recognized March 25, 2009, as Omega Psi Phi Fraternity, Inc. Day at the state capitol, commended by SR 636, adopted previously. Bill Cannon and Moses Norman addressed the Senate briefly. Senator Seay of the 34th recognized Monica Pearson, commended by SR 143, adopted previously. Monica Pearson addressed the Senate briefly. Senator Ramsey of the 43rd recognized Jand Pierce, commended by resolution from last year. Senator Ramsey of the 43rd recognized Fernando Bryant, commended by SR 443, adopted previously. Fernando Bryant addressed the Senate briefly. Senator Orrock of the 36th introduced the doctor of the day, Dr. Vernon Henderson. Senator Jackson of the 24th recognized Major General Jeff Foley. Major General Jeff Foley addressed the Senate briefly. 2554 JOURNAL OF THE SENATE Senator Balfour of the 9th recognized the Brookwood High School Broncos swim and dive team, commended by SR 584, adopted previously. Senator Orrock of the 36th recognized Professor Natasha Tretheway of Emory University, commended by SR 577, adopted previously. Professor Natasha Tretheway addressed the Senate briefly. Nellie Duke, Chair of the Georgia Woman of the Year Committee, addressed the Senate briefly. The President assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Rogers of the 21st Smith of the 52nd SENATE RULES CALENDAR WEDNESDAY, MARCH 25, 2009 THIRTY-SIXTH LEGISLATIVE DAY HB 60 Licensing requirements and exceptions; professional counseling, social work, or marriage and family therapy; provide (H&HS-16th) Jacobs-80th HB 116 Sales and use tax; repair of certain aircraft; sale of parts; provide exemption (FIN-28th) Stephens-164th HB 126 Uniform Electronic Transactions Act; enact (Substitute)(B&FI-32nd) Lindsey-54th HB 149 Move on When Ready Act; enact (ED&Y-19th) Jones-46th HB 160 Driver Services, Department of; increase fees; speed restrictions; provisions (PUB SAF-31st) Cole-125th HB 170 State owned marshland or water bottoms; change annual rental fees; provisions (Substitute)(SI&P-1st) Lane-167th HB 227 Elections; address confidentiality; provide (ETHICS-25th) Dempsey-13th HB 237 Human Resources, Department of; financial assistance for adoptive parents; revise provision (H&HS-29th) Lindsey-54th HB 300 Student health; school provide certain information to guardians; require (ED&Y-54th) Wilkinson-52nd WEDNESDAY, MARCH 25, 2009 2555 HB 302 Telecommunications; charge for third party service; change requirements (RI&U-27th) Hamilton-23rd HB 306 Bonds and recognizances; electronic pretrial release and monitoring; provisions (PUB SAF-46th) Walker-107th HB 308 Georgia Limited Liability Company Act; certain technical corrections; clarify provisions (Substitute)(JUDY-46th) Ralston-7th HB 312 Financial institutions; S.A.F.E. Mortgage Licensing Act of 2008; incorporate provisions (Substitute)(B&FI-30th) Hill-21st HB 441 Sales and use tax; refund claims; expedited payment; provisions (Substitute)(FIN-16th) O`Neal-146th HB 481 Jobs, Opportunity, and Business Success Act of 2009; enact (Substitute)(FIN-21st) Graves-12th HB 482 Ad valorem tax exemption; property constituting the inventory of a business; provide (FIN-21st) Graves-12th HB 484 HOPE scholarships and grants; dependent children of military personnel; provide (H ED-20th) O`Neal-146th HB 550 Insurance; mutual life insurer; additional method of payment; provide (I&L-47th) Meadows-5th HB 607 Public Safety, Department of; Board of Public Safety; change certain provisions (PUB SAF-53rd) Talton-145th 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 60. By Representatives Jacobs of the 80th, Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements and exceptions, so as to provide that no person exempt from the licensing requirements of such Code section shall hold himself or herself out as being licensed to practice 2556 JOURNAL OF THE SENATE professional counseling, social work, or marriage and family therapy or use any term or other indicia implying that he or she is licensed to practice professional counseling, social work, or marriage and family therapy or any combination thereof; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Harp Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed On the passage of the bill, the yeas were 46, nays 1. E Rogers Y Seabaugh Seay Y Shafer Y Sims E Smith Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams HB 60, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: Senator Gloria Butler District 55 420-C State Capitol Atlanta, GA 30334 Committees: Ethics Health and Human Services Public Safety Regulated Industries and Utilities Rules Urban Affairs WEDNESDAY, MARCH 25, 2009 2557 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 The State Senate Atlanta, Georgia 30334 March 25, 2009 Dear Mr. Ewing, It has come to my attention that I erroneously voted "no" on House Bill 60. Please let the records reflect that I voted in the affirmative, "yes" for House Bill 60. Thank you in advance for your assistance. Sincerely, /s/ Gloria Butler Senator Seth Harp District 29 121-D State Capitol Atlanta, GA 30334 Committees: Higher Education Judiciary Appropriations Government Oversight Special Judiciary Joint Legislative Ethics Economic Development The State Senate Atlanta, Georgia 30334 March 25, 2009 Please record my vote in favor of HB 60. /s/ Seth Harp District 29 The following Senators were excused for business outside the Senate Chamber: Hill of the 4th Weber of the 40th 2558 JOURNAL OF THE SENATE HB 116. By Representatives Stephens of the 164th, Harbin of the 118th, Keen of the 179th and Davis of the 122nd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; 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 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 23, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 116 (LC 18 7776) Dear Chairman O'Neal: This bill would continue the exemption from state sales tax on the sale or use of engines, parts, equipment, and other tangible personal property used in the maintenance or repair of aircraft provided that such aircraft is not registered in Georgia. This exemption is set to expire on June 30, 2009. This bill would make the exemption permanent. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: WEDNESDAY, MARCH 25, 2009 2559 The 2002 Economic Census for Georgia lists conversion, overhaul, and rebuilding of aircraft engines under Aircraft Engines and Aircraft Parts Manufacturing (NAICS 336412). In 2002, the total cost of materials in this industry was $139 million and does not include any labor costs. While it may be that some of this expense is related to government or commercial repair activities that are already exempt from the sales tax, it is believed that entities primarily engaged in these activities would report expenses under their respective primary NAICS codes and thus, would not be included in this estimate. If this total is inflated by 3 percent per year, in 2009 total cost of materials would be $171 million. There is no information to identify the share of repairs on aircraft that are not registered in Georgia. Therefore, applying the sales and use tax rate will result in an upper bound estimate of Georgia's tax revenue loss of $6.8 million at the state level and $5 million at the local level. State Local Georgia Expected Tax Revenue Loss - Upper Bound (1,000's) 2009 2010 2011 2012 $6,836 $7,041 $7,252 $7,470 $5,007 $5,157 $5,312 $5,471 Georgia Total $11,843 $12,198 $12,564 $12,941 There may be some ancillary tax revenue benefit from this legislation. To the extent that this exemption increases the number of out-of-state aircraft maintained in Georgia, tax revenues could increase due to such activities as aircraft owners/pilots flying in and staying in Georgia for the duration of any repairs. This could generate hotel, food, and beverage related sales tax revenues. It would be expected that this revenue would be small. 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 Hawkins Y Heath N Henson E Rogers Y Seabaugh Seay 2560 JOURNAL OF THE SENATE Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman N Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 46, nays 2. HB 116, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Robert Brown District 26 121-B State Capitol Atlanta, GA 30334 Committees: Administrative Affairs Economic Development Insurance and Labor Joint Legislative Ethics Judiciary Reapportionment and Redistricting Veterans, Military and Homeland Security Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 The State Senate Atlanta, Georgia 30334 March 25, 2009 Mr. Secretary: It was my intent to vote "No" on HB 116, but I instead voted "Yea." WEDNESDAY, MARCH 25, 2009 2561 Please change my vote to "No." Also, please change my vote on HB 149 from "No" to "Yea." Sincerely, /s/ Robert Brown The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Tate of the 38th HB 126. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for automated transactions; to provide for transferable records; to provide for acceptance and distribution of electronic records by governmental agencies; to provide for exclusions; to provide for applicability; to provide for relief from the unauthorized use of electronic signatures; to amend Titles 14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. The Senate Banking and Financial Institutions Committee offered the following substitute to HB 126: A BILL TO BE ENTITLED AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for definitions; to provide for the authorization of electronic records and electronic signatures; to provide for admissibility of certain electronic records and electronic signatures; to provide for the use of electronic records and electronic signatures to vary by agreement of certain parties; to provide for the presentation of certain records; to provide for the effect of an electronic record or an electronic signature; to provide for the effect of a change or error; to provide for notarization and acknowledgment of an electronic record or an electronic signature; to provide for the retention of electronic records; to provide for automated transactions; to provide for transferable records; to provide for acceptance and distribution of electronic 2562 JOURNAL OF THE SENATE records by governmental agencies; to provide for exclusions; to provide for applicability; to provide for relief from the unauthorized use of electronic signatures; to amend Titles 14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Chapter 12, relating to electronic records and signatures, in its entirety as follows: "CHAPTER 12 10-12-1. This chapter shall be known and may be cited as the 'Uniform Electronic Transactions Act.' 10-12-2. As used in this chapter, the term: (1) 'Agreement' means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures, given the effect of agreements under laws otherwise applicable to a particular transaction. (2) 'Automated transaction' means a transaction conducted or performed, in whole or in part, by electronic means or electronic records in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. (3) 'Computer program' means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. (4) 'Contract' means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. (5) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (6) 'Electronic agent' means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual. (7) 'Electronic record' means a record created, generated, sent, communicated, received, or stored by electronic means. (8) 'Electronic signature' means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent WEDNESDAY, MARCH 25, 2009 2563 to sign the record. (9) 'Governmental agency' means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. (10) 'Information' means data, text, images, sounds, codes, computer programs, software, data bases, or the like. (11) 'Information processing system' means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. (12) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. (13) '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. (14) 'Security procedure' means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. (15) '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. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. (16) 'Transaction' means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. 10-12-3. (a) Except as otherwise provided in subsection (b) of this Code section, this chapter shall apply to electronic records and electronic signatures relating to a transaction. (b) This chapter shall not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts; (2) Title 11other than Code Sections 11-1-107 and 11-1-206, Article 2, and Article 2A; or (3) The Uniform Computer Information Transactions Act. (c) This chapter shall apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this Code section to the extent it is governed by a law other than those specified in subsection (b) of this Code section. (d) A transaction subject to this chapter shall also be subject to other applicable substantive law. (e) A governmental agency which is a party to a transaction subject to this chapter shall 2564 JOURNAL OF THE SENATE also be further subject to the records retention requirements for state and local government records established by state law. 10-12-4. This chapter shall apply to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2009. 10-12-5. (a) This chapter shall not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter shall apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection shall not be waived by agreement. (d) Except as otherwise provided in this chapter, the effect of any of this chapter's provisions may be varied by agreement. The presence in certain provisions of this chapter of the words 'unless otherwise agreed,' or words of similar import, shall not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences shall be determined by this chapter and other applicable laws. 10-12-6. This chapter shall be construed and applied: (1) To facilitate electronic transactions consistent with other applicable laws; (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. 10-12-7. (a) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record shall satisfy the law. (d) If a law requires a signature, an electronic signature shall satisfy the law. 10-12-8. (a) If parties have agreed to conduct a transaction by electronic means and a law WEDNESDAY, MARCH 25, 2009 2565 requires a person to provide, send, or deliver information in writing to another person, the requirement shall be satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (b) If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner, the following rules shall apply: (1) The record shall be posted or displayed in the manner specified in the other law; (2) Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the record shall be sent, communicated, or transmitted by the method specified in the other law; and (3) The record shall contain the information formatted in the manner specified in the other law. (c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record shall not be enforceable against the recipient. (d) The requirements of this Code section shall not be varied by agreement, but: (1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this Code section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and (2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid, or by regular United States mail may be varied by agreement to the extent permitted by the other law. 10-12-9. (a) An electronic record or electronic signature shall be attributable to a person if such record or signature was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this Code section shall be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law. 10-12-10. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules shall apply: (1) If the parties have agreed to use a security procedure to detect changes or errors 2566 JOURNAL OF THE SENATE and one party has conformed to the procedure but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record; (2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual: (A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; (B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and (C) Has not used or received any benefit or value from the consideration, if any, received from the other person; (3) If neither paragraph (1) nor paragraph (2) of this Code section applies, the change or error shall have the effect provided by other law, including the law of mistake, and the parties' contract, if any; and (4) Paragraphs (2) and (3) of this Code section shall not be varied by agreement. 10-12-11. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, such requirement shall be satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. 10-12-12. (a) If a law requires that a record be retained, such requirement shall be satisfied by retaining an electronic record of the information in the record which: (1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) Remains accessible for the retention period required by law. (b) A requirement to retain a record in accordance with subsection (a) of this Code section shall not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. (c) A person may satisfy subsection (a) of this Code section by using the services of another person if the requirements of that subsection are satisfied. (d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this WEDNESDAY, MARCH 25, 2009 2567 Code section. (e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this Code section. (f) A record retained as an electronic record in accordance with subsection (a) of this Code section shall satisfy a law requiring a person to retain a record for evidentiary, audit, or like purposes unless a law enacted after the effective date of this chapter specifically prohibits the use of an electronic record for the specified purpose. (g) This Code section shall not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. (h) This Code section shall not preclude the Georgia Technology Authority from specifying additional technology requirements in accordance with Code Section 50-254. 10-12-13. In a proceeding, evidence of a record or signature shall not be excluded solely because it is in electronic form. 10-12-14. In an automated transaction, the following rules shall apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements; (2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and (3) The terms of the contract are determined by the substantive law applicable to the contract. 10-12-15. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when: (1) It is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (2) It is in a form capable of being processed by that system; and (3) It enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the 2568 JOURNAL OF THE SENATE control of the recipient. (b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1) It enters an information processing system that the recipient has designated or uses for receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (2) It is in a form capable of being processed by that system. (c) Subsection (b) of this Code section shall apply even if the information processing system is located in a different place than the electronic record is deemed to be received under subsection (d) of this Code section. (d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules shall apply: (1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction; and (2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be. (e) An electronic record is received under subsection (b) of this Code section even if no individual is aware of its receipt. (f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this Code section shall establish that a record was received but, by itself, does not establish that the content sent corresponds to the content received. (g) If a person is aware that an electronic record purportedly sent under subsection (a) of this Code section, or purportedly received under subsection (b) of this Code section, was not actually sent or received, the legal effect of the sending or receipt shall be determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection shall not be varied by agreement. 10-12-16. (a) As used in this Code section, 'transferable record' means an electronic record that: (1) Would be a note under Article 3 of Title 11 or a document under Article 7 of Title 11 if the electronic record were in writing; and (2) The issuer of the electronic record expressly has agreed is a transferable record. (b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. (c) A system satisfies subsection (b) of this Code section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1) A single authoritative copy of the transferable record exists which is unique, WEDNESDAY, MARCH 25, 2009 2569 identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6) of this subsection, unalterable; (2) The authoritative copy identifies the person asserting control as: (A) The person to which the transferable record was issued; or (B) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; (3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; (4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control; (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized. (d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in Code Section 11-1-201, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under Title 11, including, if the applicable statutory requirements under subsection (a) of Code Section 11-3-302 or Code Section 11-7-501 or 11-9-308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection. (e) Except as otherwise agreed, an obligor under a transferable record shall have the same rights and defenses as an equivalent obligor under equivalent records or writings under Title 11. (f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record. 10-12-17. Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records. 10-12-18. (a) Except as otherwise provided in subsection (f) of Code Section 10-12-12, each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon 2570 JOURNAL OF THE SENATE electronic records and electronic signatures. (b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a) of this Code section, the governmental agency, giving due consideration to security, may specify: (1) The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes; (2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature shall be affixed to the electronic record, and the identity of, or criteria that shall be met by, any third party used by a person filing a document to facilitate the process; (3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and (4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances. (c) Except as otherwise provided in subsection (f) of Code Section 10-12-12, this chapter shall not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures. 10-12-19. Any governmental agency of this state which adopts standards pursuant to Code Section 10-12-18 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application. 10-12-20. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commere 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)." SECTION 2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Georgia Electronic Records and Signatures Act" wherever it occurs with "Uniform Electronic Transactions Act": (1) Code Section 14-2-120, relating to filing requirements relative to business corporations; (2) Code Section 14-3-120, relating to filing of documents relative to nonprofit WEDNESDAY, MARCH 25, 2009 2571 corporations; (3) Code Section 14-9-206, relating to filing with the Secretary of State relative to the Georgia Revised Uniform Limited Partnership Act; (4) Code Section 14-11-206, relating to filing by the Secretary of State relative to limited liability companies; (5) Code Section 33-22-14.1, relating to transmissions of electronic records subject to the provisions of the Georgia Electronic Records and Signatures Act; (6) Code Section 44-3-102, relating to meetings of condominium associations, notice, and reports; and (7) Code Section 44-3-230, relating to the frequency of property owners' association meetings and notice. SECTION 3. Code Section 15-10-53 of the Official Code of Georgia Annotated, relating to filing documents by electronic means, is revised as follows: "15-10-53. (a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by electronic means. (b) Any pleading or document filed electronically shall be in a format prescribed by the court. (c) Any pleading or document filed electronically shall include the electronic signature of the person filing the pleading or document as defined in Code Section 10-12-3 1012-2. (d) Any pleading or document filed electronically which is required to be verified, verified under oath, or be accompanied by an affidavit may include such verification, oath, or affidavit by one of the following methods: (1) As provided in subsection (j) of Code Section 10-12-4 10-12-11; (2) By oath or affirmation of the party filing the pleading at the time of the trial of the case; (3) By supplemental verified pleading; or (4) By electronic verification, oath, or affidavit in substantially the following form: 'By affixing this electronic verification, oath, or affidavit to the pleading(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that the statements set forth in the above pleading(s) are true and correct. Date:__________ Electronic Signature:__________' (e) Service of any claim or complaint filed electronically shall be made as provided by law. Service of all subsequent pleadings and notices may be made electronically only on a party who has filed pleadings electronically; service on all other parties shall be made by such other means as are provided by law. Each pleading or document which is required to be served on other parties shall include a certificate of service indicating the 2572 JOURNAL OF THE SENATE method by which service on the other party has been made. An electronic certificate of service shall be made in substantially the following form: 'By affixing this electronic certificate of service to the pleading(s) or document(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that I have this date served the opposing party with a copy of this pleading by e-mail or placing a copy in regular mail with sufficient postage thereon to the following address: (set forth address of opposing party). Date:__________ Electronic Signature:_______________' (f) Nothing in this Code section shall prevent a party from contesting an electronic pleading, document, or signature on the basis of forgery or fraud. Any pleading or document found by the court to have been fraudulently filed shall be stricken from the record. (g) Where the authenticity or the integrity of an electronic pleading, document, or signature is challenged, the proponent of the electronic pleading, document, or signature shall have the burden of proving that the electronic pleading, document, or signature is authentic. (h) Upon the receipt of any pleading or other document filed electronically, the clerk of magistrate court shall notify the filer of receipt of the pleading or document. Such notice shall include the date and time the court accepted the pleading or document as filed. (i) Any pleading or document filed electronically shall be deemed filed as of the time the clerk of court gains electronic control of the document. (j) When the filing of the pleading or document requires the payment of a fee, the clerk of magistrate court may establish procedures for the payment of such fees connected with such filing. The filing of any such pleading or document shall create an obligation by the party to pay such fee to the clerk of court instanter. (k) The clerk of court may assess an additional transaction fee or fees for each electronic filing and electronic payment." SECTION 4. Code Section 31-33-8 of the Official Code of Georgia Annotated, relating to electronic records, is amended by revising subsection (a) as follows: "31-33-8. (a) Notwithstanding any other provision of the law to the contrary, any provider may, in its sole discretion, create, maintain, transmit, receive, and store records in an electronic format within the meaning of Code Section 10-12-3 10-12-2 and may, in its sole discretion, temporarily or permanently convert records into an electronic format." SECTION 5. Code Section 43-39A-4.1 of the Official Code of Georgia Annotated, relating to rules and regulations with respect to real estate appraisers, is revised as follows: "43-39A-4.1. Notwithstanding any provision of law to the contrary, with respect to any form or WEDNESDAY, MARCH 25, 2009 2573 application required to be completed by an applicant or an appraiser, or with respect to any document required to be issued by the board, the board is authorized to promulgate rules and regulations setting forth: (1) Any procedure that will reduce the use of paper forms, applications, or documents; (2) Any procedure that will reduce the necessity for the board to maintain paper documents; (3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and (4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature. As used in this Code section, the term 'electronic signature' shall have the same meaning as provided in Code Section 10-12-3 10-12-2." SECTION 6. Code Section 43-40-3.1 of the Official Code of Georgia Annotated, relating to rules and regulations with respect to real estate brokers and salespersons, is revised as follows: "43-40-3.1. Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or a licensee, or with respect to any document required to be issued by the commission, the commission is authorized to promulgate rules and regulations setting forth: (1) Any procedure that will reduce the use of paper forms, applications, or documents; (2) Any procedure that will reduce the necessity for the commission to maintain paper documents; (3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and (4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature. As used in this Code section, the term 'electronic signature' shall have the same meaning as provided in Code Section 10-12-3 10-12-2." SECTION 7. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of certain records is not required and the disclosure of exempting legal authority, is amended by revising paragraph (12) of subsection (a) as follows: "(12) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic 2574 JOURNAL OF THE SENATE signature, if such disclosure would or might cause the electronic signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term 'electronic signature' has the same meaning as that term is defined in Code Section 10-12-3 10-12-2;" 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 Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 50, nays 0. Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams HB 126, having received the requisite constitutional majority, was passed by substitute. HB 149. By Representatives Jones of the 46th, Hembree of the 67th, Dempsey of the 13th, Powell of the 171st, Harden of the 147th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title WEDNESDAY, MARCH 25, 2009 2575 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to enact the "Move on When Ready Act"; to provide for definitions; to provide a program for eleventh and twelfth grade students to attend postsecondary colleges and schools for high school credit; to provide for notice to parents and students of the program; to provide requirements for course credit; to provide for state funding; to provide for testing; 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 N Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas 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 48, nays 1. HB 149, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: 2576 JOURNAL OF THE SENATE Senator Robert Brown District 26 121-B State Capitol Atlanta, GA 30334 Committees: Administrative Affairs Economic Development Insurance and Labor Joint Legislative Ethics Judiciary Reapportionment and Redistricting Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 March 25, 2009 Mr. Secretary: It was my intent to vote "No" on HB 116, but I instead voted "Yea." Please change my vote to "No." Also, please change my vote on HB 149 from "No" to "Yea." Sincerely, /s/ Robert Brown 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 659. By Representatives Burkhalter of the 50th, Rice of the 51st, Martin of the 47th and Willard of the 49th: A BILL to be entitled an Act to amend an Act providing a charter for the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), so WEDNESDAY, MARCH 25, 2009 2577 HB 772. as to provide for certain restrictions on the adoption of ordinances; to provide certain actions regarding the mayor's veto authority; to provide for the authority to remove certain officials; to provide for the repeal of certain authority from the city manager; to provide for oath of office; to repeal certain provisions regarding the city accountant; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Bryant of the 160th, Stephens of the 164th, Day of the 163rd, Stephens of the 161st, Gordon of the 162nd and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3865), so as to deannex certain property from such city's corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 773. By Representatives Bryant of the 160th, Stephens of the 164th, Day of the 163rd, Stephens of the 161st, Gordon of the 162nd and others: 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, particularly by an Act approved April 21, 1989 (Ga. L. 1989, p. 5105), so as to deannex certain property from such city's corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 776. By Representative Parham of the 141st: A BILL to be entitled an Act to authorize the governing authority of the City of Milledgeville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 778. By Representatives Lunsford of the 110th and Yates of the 73rd: A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. 2578 JOURNAL OF THE SENATE HB 781. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to repeal conflicting laws; and for other purposes. HB 782. HB 783. HB 784. By Representative Allison of the 8th: A BILL to be entitled an Act to provide a homestead exemption from Towns County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representative Smith of the 113th: A BILL to be entitled an Act to amend an Act incorporating the Town of North High Shoals, approved March 24, 1933 (Ga. L. 1933, p. 1040), as amended, so as to extensively revise and restate the town charter; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for submission under the Federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Hill of the 21st and Jerguson of the 22nd: A BILL to be entitled an Act to authorize the governing authority of the City of Canton to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 25, 2009 2579 HB 786. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Guyton, approved May 5, 2006 (Ga. L. 2006, p. 4230), so as to change the corporate boundaries of said city; to repeal conflicting laws; and for other purposes. HB 787. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th: A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to prohibit the authority from issuing any revenue bonds; to repeal conflicting laws; and for other purposes. HB 791. By Representative Cheokas of the 134th: A BILL to be entitled an Act to create and establish the Ellaville-Schley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for all procedures and other matters connected with the foregoing; 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 265. By Senator Grant of the 25th: A BILL to be entitled an Act to create the Public Facilities Authority of the City of Milledgeville and Baldwin County; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their sale, and use of proceeds from such sales; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 2580 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Hooks of the 14th The Calendar was resumed. HB 160. By Representatives Cole of the 125th, Neal of the 1st, Pruett of the 144th, Hanner of the 148th and Talton of the 145th: A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to fees to be paid to the Department of Driver Services; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to increase the fees paid to the Department of Driver Services for reinstatement or restoration of suspended or revoked drivers' licenses; to amend Article 9 of Chapter 6 of Title 40 of the O.C.G.A., relating to speed restrictions, so as to specify that instruments charging violations of speed regulations shall state whether the violation occurred on a two-lane road or highway; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Heath of the 31st. Senator Murphy of the 27th offered the following amendment #1: Amend HB 160 by striking the sentence on line 247, beginning with "Such a driver, upon conviction, shall be classified as a 'super speeder'." Senator Murphy of the 27th asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Jones of the 10th offered the following amendment #2: Amend HB 160 LC 34 2013-EC by changing page 8, line 26, the words "the intent" to "the sole purpose". Senator Adelman of the 42nd offered the following amendment #2a to the Jones amendment #2: Amend amendment # 2 to HB 160 by insert "2" after "6" on line 1. On the adoption of the amendment, there were no objections, and the Adelman amendment #2a to the Jones amendment #2 was adopted. WEDNESDAY, MARCH 25, 2009 2581 On the adoption of amendment #2 as amended, Senator Jones of the 10th called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman Balfour Y Brown Buckner N Bulloch Butler N Butterworth N Chance N Chapman N Cowsert N Crosby N Douglas N Fort N Goggans Y Golden E Grant N Hamrick Y Harbison N Harp N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson E Hooks N Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Rogers N Seabaugh Y Seay N Shafer Y Sims Smith N Staton Y Stoner Y Tarver N Tate N Thomas 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 16, nays 33, and the Jones amendment #2 as amended was lost. The Adelman amendment #2a to the Jones amendment #2 was moot. Senator Buckner of the 44th 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown E Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens N Jackson,L Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton N Stoner 2582 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans N Golden E Grant Y Hamrick Y Harbison Y Harp Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Reed N Tarver N Tate Y Thomas 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 42, nays 10. HB 160, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Ed Tarver District 22 313-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Banking and Financial Institutions Economic Development Government Oversight Special Judiciary The State Senate Atlanta, Georgia 30334 MEMORANDUM DATE: 25 March 2009 TO: Bob Ewing Secretary of the Senate FROM: Senator Ed Tarver, 22nd On Wednesday, March 25, 2009, I voted No on House Bill 160. I hereby want to change my vote to be recorded as "YES" on House Bill 160. Thank you. /s/ Ed Tarver District 22 WEDNESDAY, MARCH 25, 2009 2583 HB 170. By Representatives Lane of the 167th and Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, so as to change the amount of annual rental fees from fair market value to a fixed rate; to provide for annual fee adjustments; 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 Senate State Institutions and Property Committee offered the following substitute to HB 170: A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, so as to change certain provisions relating to leasing of state owned marshland or water bottoms; to change certain provisions relating to activities to which said part is not applicable; 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. Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, is amended by revising subsection (d) of Code Section 125-287, relating to leasing of state owned marshland or water bottoms, as follows: "(d) Each lease granted under this Code section shall be upon such provisions, requirements, and conditions as the committee shall make and shall, except as provided in subsections (g) and (h) of this Code section, provide for a primary term of not more than ten years. Each lease, except as provided in subsections (g) and (h) of this Code section, shall require the payment of an annual rental fee set by the committee which, as of the effective date of this subsection, shall be not less than the fair market rental value of the state owned marshland or water bottoms leased thereby and $1,000.00 per acre, which acreage shall consist of the covered area of dock structures and a ten-foot buffer surrounding such dock structures; and the committee shall in each calendar year thereafter adjust the amount of the annual rental fee per acre to reflect the effect of annual inflation or deflation for the immediately preceding calendar year in accordance with rules and regulations adopted by the board, which rules and regulations may use for this purpose the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the 2584 JOURNAL OF THE SENATE federal government, if the board determines that such federal index reflects the effect of inflation and deflation on the lessees. Except as provided in subsections (g) and (h) of this Code section, an initial lease shall be for the annual fee in effect and established by the committee at the time such lease is entered into. Such lease shall be adjusted annually thereafter as provided in this subsection. Each lease may provide for two renewal terms, each of which shall not be for a term of more than equal duration to the primary term. Rental fees shall be paid in one installment to the department not later than July 15 of each year. A penalty of 10 percent of the annual rental shall be assessed for late payment. Failure to pay rental by August 1 of the year due shall result in the cancellation of the lease." SECTION 2. Said part is further amended by revising paragraph (4) of Code Section 12-5-295, relating to activities to which said part is not applicable, as follows: "(4) Activities of public utility companies regulated by the Public Service Commission, electric membership corporations, public authorities operating electric systems, or municipal electric systems incident to constructing, erecting, repairing, and maintaining utility lines for the transmission of gas, electricity, or telephone messages;" SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Section 1 of this Act shall not be applied to impair an obligation of contract entered into prior to such effective 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 E Buckner Y Bulloch Y Butler Y Butterworth Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton WEDNESDAY, MARCH 25, 2009 2585 Y Chance Y Chapman Y Cowsert Y Crosby Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Reed Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 48, nays 0. HB 170, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Kasim Reed District 35 420-D Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Ethics Judiciary Special Judiciary State and Local Governmental Operations Transportation Urban Affairs The State Senate Atlanta, Georgia 30334 To the Secretary of the Senate, 3/25/09 Please register a "yes" vote for HB 170. My voting machine malfunctioned. Sincerely, /s/ Kasim Reed Senator Thompson of the 5th was excused for business outside the Senate Chamber. 2586 JOURNAL OF THE SENATE HB 227. By Representatives Dempsey of the 13th, Keen of the 179th, Sims of the 119th, Carter of the 175th, Willard of the 49th 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 primaries and elections generally, so as to provide for the confidentiality of the addresses of certain registered voters; to provide for the manner of invoking such confidentiality; to provide for the terms and conditions of such confidentiality; 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 E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas E 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. HB 227, having received the requisite constitutional majority, was passed. Senator Douglas of the 17th was excused for business outside the Senate Chamber. WEDNESDAY, MARCH 25, 2009 2587 HB 237. By Representatives Lindsey of the 54th and Peake of the 137th: A BILL to be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children, so as to revise a provision relating to financial assistance for adoptive parents; 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 Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas E 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. HB 237, having received the requisite constitutional majority, was passed. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The Calendar was resumed. 2588 JOURNAL OF THE SENATE HB 300. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Porter of the 143rd, Gardner of the 57th, Lindsey of the 54th 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 local school systems to provide certain information to parents and guardians of students in grades six through 12 on meningococcal meningitis disease and its vaccine whenever other health information is provided; 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 E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed On the passage of the bill, the yeas were 49, nays 0. Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) HB 300, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 25, 2009 2589 HB 302. By Representatives Hamilton of the 23rd, Collins of the 27th, Loudermilk of the 14th, Amerson of the 9th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to change the requirements to be met prior to a telecommunications company charging a customer for any service provided by a third party; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The report of the committee, which was favorable to the 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 E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 0. HB 302, having received the requisite constitutional majority, was passed. Senator Bulloch of the 11th was excused for business outside the Senate Chamber. 2590 JOURNAL OF THE SENATE HB 306. By Representatives Walker of the 107th, Ralston of the 7th and Reese of the 98th: A BILL to be entitled an Act to amend Chapter 6 of the Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide legislative findings and intent; to provide for a program of electronic pretrial release and monitoring of criminal defendants; to provide the standards, terms, and conditions for such program; to provide for penalties for violating the terms of such program; to provide for fees for such monitoring; to provide for the payment of such fees by the sheriff under certain circumstances; to provide for the revocation of participation in such program under certain circumstances; 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: Adelman Y Balfour Y Brown E Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 0. WEDNESDAY, MARCH 25, 2009 2591 HB 306, having received the requisite constitutional majority, was passed. HB 308. By Representatives Ralston of the 7th, Willard of the 49th, Oliver of the 83rd and Dobbs of the 53rd: A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; to provide for related matters; to provide for an effective date; 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 308: A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; to reduce the risk of an unintended dissolution of the limited liability company; to limit the rights of judgment creditors of a member to interfere with management or force the dissolution of a limited liability company; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited 2592 JOURNAL OF THE SENATE liability companies, is amended in Code Section 14-11-101, relating to definitions relative to limited liability companies, by revising paragraphs (12) and (18) as follows: "(12) 'Limited liability company' means a limited liability company formed under this chapter by one or more members." "(18) 'Operating agreement' means any agreement, written or oral, of the member or members as to the conduct of the business and affairs of a limited liability company that is binding upon all of the members. A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. In the case of a limited liability company with only one member, a writing signed by that member stating that it is intended to be a written operating agreement shall constitute a written operating agreement and shall not be unenforceable by reason of there being only one person who is a party to the operating agreement. A limited liability company is not required to execute its operating agreement and, except as otherwise provided in the operating agreement, is bound by its operating agreement whether or not the limited liability company executes the operating agreement. An operating agreement may provide enforceable rights to any person, including a person who is not a party to the operating agreement, to the extent set forth therein." SECTION 2. Said chapter is further amended in Code Section 14-11-203, relating to formation of limited liability companies, by adding a new subsection to read as follows: "(e) During any period when a limited liability company has any members it may have one or more members." SECTION 3. Said chapter is further amended in Code Section 14-11-212, relating to conversion to a limited liability company, by revising subsection (a), paragraph (6) of subsection (b), and paragraph (2) of subsection (c), as follows: "(a) A corporation, foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, general partnership, or foreign general partnership may elect to become a limited liability company. Such election shall WEDNESDAY, MARCH 25, 2009 2593 require (1) compliance with Code Section 14-2-1109.1 in the case of a Georgia corporation, or (2) the approval of all of its partners, members or shareholders (or such other approval or compliance as may be sufficient under applicable law or the governing documents of the electing entity to authorize such election) in the case of a foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, general partnership, or foreign general partnership." "(6) A statement setting forth either (A) the manner and basis for converting the ownership interests in the entity making the election into interests as members of the limited liability company formed pursuant to such election or canceling them, or (B)(i) that a written operating agreement has been entered into among the persons who will be the members of the limited liability company formed pursuant to such election, (ii) that such operating agreement will be effective immediately upon the effectiveness of such election, and (iii) that such operating agreement provides for the manner and basis of such conversion or cancellation." "(2) The ownership interests in the entity making the election shall be converted or canceled on the basis stated or referred to in the certificate of conversion in accordance with paragraph (6) of subsection (b) of this Code section;" SECTION 4. Said chapter is further amended in Code Section 14-11-303, relating to liability to third parties, by revising subsection (a) as follows: "(a) A person who is a member, manager, agent, or employee of a limited liability company is not liable, solely by reason of being a member, manager, agent, or employee of the limited liability company, under a judgment, decree, or order of a court, or in any other manner, for a debt, obligation, or liability of the limited liability company, including liabilities and obligations of the limited liability company to any member or assignee, whether arising in contract, tort, or otherwise, or for the acts or omissions of any other member, manager, agent, or employee of the limited liability company, whether arising in contract, tort, or otherwise. Notwithstanding the provisions of this subsection, a member, manager, or employee may be personally liable for tax liabilities arising from the operation of the limited liability company as provided in Code Section 48-2-52." SECTION 5. Said chapter is further amended in Code Section 14-11-311, relating to notice, by revising paragraph (2) as follows: "(2) Notice may be communicated in person; by telephone, telegraph, teletype, electronic transmission, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication;" SECTION 6. Said chapter is further amended in Code Section 14-11-408, relating to liability upon 2594 JOURNAL OF THE SENATE wrongful distribution, by revising subsection (a) and paragraph (2) of subsection (b) as follows: "(a) A member or manager who votes for or expressly consents to a distribution that is made in violation of the articles of organization, a written operating agreement, or Code Section 14-11-407 is personally liable to the limited liability company for the amount of the distribution that exceeds what could have been distributed without violating the articles of organization, written operating agreement, or Code Section 14-11-407, if it is established that such member or manager did not act in compliance with Code Section 14-11-407 and violated a duty owed under Code Section 14-11-305 (without regard to any limitation on such duty permitted by paragraph (4) of Code Section 14-11-305)." "(2) From each member for the amount the member received knowing that the distribution was made in violation of the articles of organization, written operating agreement, or Code Section 14-11-407." SECTION 7. Said chapter is further amended in Code Section 14-11-504, relating to rights of a judgment creditor, by revising subsection (b) as follows: "(b) The remedy conferred by this Code section shall not be deemed exclusive of others which may exist, including, without limitation, the right of a judgment creditor to reach the limited liability company interest of the member by process of garnishment served on the limited liability company, provided that, except as otherwise provided in the articles of organization or a written operating agreement, a judgment creditor shall have no right under this chapter or any other state law to interfere with the management or force dissolution of a limited liability company or to seek an order of the court requiring a foreclosure sale of the limited liability company interest." SECTION 8. Said chapter is further amended in Code Section 14-11-505, relating to admission of members, by revising said Code section as follows: "14-11-505. (a) In connection with the formation of a limited liability company, a person acquiring a limited liability company interest is admitted as a member of the limited liability company upon the later to occur of: (1) The formation of the limited liability company; or (2) The time provided in and upon compliance with the articles of organization or a written operating agreement or, if the articles of organization and any written operating agreement do not so provide, when the person's admission is reflected in the records of the limited liability company. (b) After the formation of a limited liability company, a person acquiring a limited liability company interest directly from the limited liability company is admitted as a member of the limited liability company at the time provided in and upon compliance with the articles of organization and any written operating agreement or, if the articles of organization or a written operating agreement does not so provide, upon the consent WEDNESDAY, MARCH 25, 2009 2595 of all members and when the person's admission is reflected in the records of the limited liability company. (c) An assignee of a limited liability company interest is admitted as a member of the limited liability company upon compliance with paragraph (1) of Code Section 14-11503 and at the time provided in and upon compliance with the articles of organization and any written operating agreement or, if the articles of organization or a written operating agreement does not so provide, when any such person's permitted admission is reflected in the records of the limited liability company; provided, however, that an assignee shall not be admitted as a member of the limited liability company until such assignee has consented to such admission. (d) A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. (e) A person may be admitted to a limited liability company as a member of the limited liability company and may receive a limited liability company interest in the limited liability company without making a contribution or being obligated to make a contribution to the limited liability company. Unless otherwise provided in a written operating agreement, a person may be admitted to a limited liability company as a member of the limited liability company without acquiring a limited liability company interest in the limited liability company. Unless otherwise provided in a written operating agreement, a person may be admitted as the sole member of a limited liability company without making a contribution or being obligated to make a contribution to the limited liability company or without acquiring a limited liability company interest in the limited liability company. (f) In the case of a person being admitted as a member of a surviving limited liability company pursuant to a merger in accordance with Article 9 of this chapter, a person is admitted as a member of the limited liability company as provided in the operating agreement of the surviving limited liability company or in the agreement of merger, and in the event of any inconsistency, the terms of the agreement of merger shall control. In connection with the conversion into a limited liability company in accordance with Code Section 14-11-212, a person is admitted as a member of the limited liability company as provided in the limited liability company agreement." SECTION 9. Said chapter is further amended in Code Section 14-11-506, relating to powers of the 2596 JOURNAL OF THE SENATE estate of a deceased or incompetent member, by revising said Code section as follows: "14-11-506. Except as otherwise provided in the articles of organization or a written operating agreement, if a member who is an individual dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the member's executor, administrator, guardian, conservator, or other legal representative has all of the rights of an assignee of all of the member's limited liability company interest. Except as otherwise provided in the articles of organization or a written operating agreement, if the last member of a limited liability company dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the member's executor, administrator, guardian, conservator, or other legal representative shall become a member of the limited liability company, unless such executor, administrator, guardian, conservator, or other legal representative elects not to become a member by written notice given to the limited liability company within 90 days of such death or adjudication (or within such other period as is provided for in a written operating agreement)." SECTION 10. Said chapter is further amended in Code Section 14-11-602, relating to dissolution, by revising said Code section as follows: "14-11-602. (a) Effective for limited liability companies formed prior to July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following: (1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) Subject to contrary provision in the articles of organization or a written operating agreement, at At a time approved by all the members; (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after any event of dissociation with respect to any member (other than an event specified in paragraph (1) of subsection (b) of Code Section 14-11-601), unless within such 90 day period the limited liability company is continued by the written consent of all other members or as otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 1411-603. (b) Effective for limited liability companies formed on or after July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following: (1) At the time specified in the articles of organization or a written operating agreement; WEDNESDAY, MARCH 25, 2009 2597 (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) Subject to contrary provision in the articles of organization or a written operating agreement, at At a time approved by all the members; (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after an event of dissociation with respect to the last remaining member, unless otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 1411-603. (c) Notwithstanding paragraphs (1), (2), (3), and (4) of subsections (a) and (b) of this Code section, the limited liability company shall not be dissolved and its affairs shall not be wound up if, prior to the filing of a certificate of termination in the office of the Secretary of State, either: (1) The limited liability company's articles of organization or operating agreement, or both, are amended such that, after giving effect to such amendment, such event does not result in dissolution of the limited liability company pursuant to subsection (a) or (b) of this Code section; or (2) If the limited liability company then has at least one member, a decision to continue the limited liability is taken by all of the members of the limited liability company (and all other persons, if any, with power to require dissolution of the limited liability company under its articles of organization or written operating agreement). Any amendment or other action contemplated by paragraph (1) or (2) of this subsection shall, to the extent necessary to achieve the purposes of this subsection, be effective as of and from and after the applicable event described in subsection (a) or (b) of this Code section." SECTION 11. Said chapter is further amended in Code Section 14-11-610, relating to certificate of termination, by revising said Code section as follows: "14-11-610. A dissolved limited liability company shall may deliver to the Secretary of State for filing a certificate of termination when the statements required to be included therein can be truthfully made. Such a certificate of termination shall set forth: (1) The name of the limited liability company; (2) That all known debts, liabilities, and obligations of the limited liability company have been paid, discharged, or barred or that adequate provision has been made therefor; and (3) That there are no actions pending against the limited liability company in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against it in any pending action." 2598 JOURNAL OF THE SENATE SECTION 12. Said chapter is further amended in Code Section 14-11-901, relating to mergers, by revising subsection (a) as follows: "(a) Pursuant to a written agreement, which, unless otherwise provided therein, will constitute the plan of merger required by Code Section 14-11-902 if it contains the provisions required by that Code section, a limited liability company may merge with or into one or more business entities with such limited liability company or other business entity as the agreement shall provide being the surviving limited liability company or other business entity." SECTION 13. Said chapter is further amended in Code Section 14-11-905, relating to effects of merger, by revising paragraphs (7) and (8) of subsection (a) as follows: "(7) The articles of organization of the surviving limited liability company shall be amended to the extent provided in the plan articles of merger; and (8) The interests or shares in each merging constituent business entity that are to be converted into interests of the surviving limited liability company, or into cash or other property under the terms of the plan of merger, or cancelled, are so converted or cancelled, and the former holders thereof are entitled only to the rights provided in the plan of merger or their rights otherwise provided by law." 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: Y Adelman Y Balfour Y Brown E Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas WEDNESDAY, MARCH 25, 2009 2599 Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 0. HB 308, having received the requisite constitutional majority, was passed by substitute. HB 312. By Representatives Hill of the 21st, Mills of the 25th, Coan of the 101st, Greene of the 149th, Knight of the 126th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110289; 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 312: 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 incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by revising Article 13, relating to the licensing of mortgage lenders and mortgage brokers, as follows: 2600 JOURNAL OF THE SENATE "ARTICLE 13 7-1-1000. As used in this article, the term: (1) 'Affiliate' or 'person affiliated with' means, when used with reference to a specified person, a person who directly, indirectly, or through one or more intermediaries controls, is controlled by, or is under common control with the person specified. Any beneficial owner of 20 10 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, joint venturer, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, joint venturer, or general partner shall prove that he or she in fact does not control, is not controlled by, or is not under common control with such person. (2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles. (3) 'Commissioner' means the commissioner of banking and finance. (3)(4) 'Commitment' or 'commitment agreement' means a statement by a lender required to be licensed or registered under this article that sets forth the terms and conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. (4)(5) 'Control,' including 'controlling,' 'controlled by,' and 'under common control with,' means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting or nonvoting securities, by contract, or otherwise. (6) 'Department' means the Department of Banking and Finance. (7) 'Depository institution' has the same meaning as in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(c), and includes any credit union. (8) 'Dwelling' means a residential structure that contains one to four units, whether or not that structure is attached to real property pursuant to Regulation Z Section 226.2(a)(19). The term includes an individual condominium unit, cooperative unit, mobile home, and trailer if it is used as a residence. (5)(9) 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar managerial or supervisory functions with respect to any organization whether incorporated or unincorporated. (6)(10) 'Extortionate means' means the use or the threat of violence or other criminal means to cause harm to the person, reputation of the person, or property of the person. (11) 'Federal banking agencies' means the Comptroller of the Currency, the Director WEDNESDAY, MARCH 25, 2009 2601 of the Office of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance Corporation. Such term shall also include the Board of Governors of the Federal Reserve System. (6.1)(12) 'Georgia Residential Mortgage Act' means this article., which also includes certain provisions in order to implement the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. (13) 'Individual' means a natural person. (7)(14) 'License' means a license issued by the department under this article to act as a mortgage loan originator, mortgage lender, or mortgage broker. (15) 'Loan processor or underwriter' means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed or exempt from licensing. For purposes of this paragraph, 'clerical or support duties' may include, subsequent to the receipt of an application, the receipt, collection, distribution, and analysis of information common for the processing or underwriting of a residential mortgage loan; and communicating with a consumer to obtain the information necessary for the processing or underwriting of a loan, to the extent that such communication does not include offering or negotiating loan rates or terms or counseling consumers about residential mortgage loan rates or terms. An individual engaging solely in loan processor or underwriter activities shall not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator. (8)(16) 'Lock-in agreement' means a written agreement whereby a lender or a broker required to be licensed or registered under this article guarantees for a specified number of days or until a specified date the availability of a specified rate of interest for a mortgage loan, a specified formula by which the rate of interest will be determined, or a specific number of discount points if the mortgage loan is approved and closed within the stated period of time. (9)(17) 'Makes a mortgage loan' means to advance funds, offer to advance funds, or make a commitment to advance funds to an applicant for a mortgage loan. (10)(18) 'Misrepresent' means to make a false statement of a substantive fact. Misrepresent may also mean to intentionally engage in any conduct which leads to a false belief which is material to the transaction. (11)(19) 'Mortgage broker' means any person who directly or indirectly solicits, processes, places, or negotiates mortgage loans for others, or offers to solicit, process, place, or negotiate mortgage loans for others or who closes mortgage loans which may be in the mortgage broker's own name with funds provided by others and which loans are assigned within 24 hours of the funding of the loans to the mortgage lenders providing the funding of such loans. (12)(20) 'Mortgage lender' means any person who directly or indirectly makes, originates, underwrites, or purchases mortgage loans or who services mortgage loans. (13)(21) 'Mortgage loan' means a loan or agreement to extend credit made to a 2602 JOURNAL OF THE SENATE natural person, which loan is secured by a deed to secure debt, security deed, mortgage, security instrument, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Georgia, regardless of where made, including the renewal or refinancing of any such loan. (22) 'Mortgage loan originator' means an individual who for compensation or gain or in the expectation of compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan. Generally, this does not include an individual engaged solely as a loan processor or underwriter except as otherwise provided in paragraph (5) of subsection (a) of Code Section 7-11002; a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with Georgia law unless the person or entity is compensated by a mortgage lender, mortgage broker, or other mortgage loan originator or by any agent of such mortgage lender, mortgage broker, or other mortgage loan originator; and does not include a person or entity solely involved in extensions of credit relating to time-share plans, as that term is defined in 11 U.S.C. Section 101(53D). (23) 'Nationwide Mortgage Licensing System and Registry' means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators, mortgage loan brokers, and mortgage loan lenders. (24) 'Nontraditional mortgage product' means any mortgage product other than a 30 year fixed rate mortgage. (14)(25) 'Person' means any individual, sole proprietorship, corporation, limited liability company, partnership, trust, or any other group of individuals, however organized. (26) 'Real estate brokerage activity' means any activity that involves offering or providing real estate brokerage services to the public, including acting as a real estate agent or real estate broker for a buyer, seller, lessor, or lessee of real property; bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than in connection with providing financing with respect to any such transaction; engaging in any activity for which a person engaged in the activity is required to be registered or licensed as a real estate agent or real estate broker under any applicable law; and offering to engage in any activity or act in any capacity described herein. (27) 'Registered mortgage loan originator' means any individual who meets the definition of mortgage loan originator, is registered with and maintains a unique identifier through the Nationwide Mortgage Licensing System and Registry, and is an employee of: (A) A depository institution; (B) A subsidiary that is: WEDNESDAY, MARCH 25, 2009 2603 (i) Owned and controlled by a depository institution; and (ii) Regulated by a federal banking agency; or (C) An institution regulated by the Farm Credit Administration. (15)(28) 'Registrant' means any person required to register pursuant to Code Sections 7-1-1001 and 7-1-1003.2. (16)(29) 'Residential property' means improved real property used or occupied, or intended to be used or occupied, as the principal primary residence of a natural person. Such term does not include rental property or second homes. A natural person can have only one primary residence. (30) 'Residential mortgage loan' means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in Section 103(v) of the Truth in Lending Act, or residential real estate upon which is constructed or intended to be constructed a dwelling. (31) 'Residential real estate' means any real property located in Georgia upon which is constructed or intended to be constructed a dwelling. (17)(32) 'Service a mortgage loan' means the collection or remittance for another or the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan. (18)(33) 'Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation or any other form of business organization, regardless of whether such natural person owns or controls such ownership interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint-stock companies, other entities or devices, or any combination thereof. (34) 'Unique identifier' means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry. 7-1-1001. (a) The following persons shall not be required to obtain a mortgage loan originator, mortgage broker, or mortgage lender license and shall not be subject to the provisions of this article but may be subject to registration or notification requirements, unless otherwise provided by this article: (1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured; (2) Any wholly owned subsidiary of any lender described in paragraph (1) of this Code section; provided, however, such subsidiary shall be subject to the filing of a notification statement in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.4. Any subsidiary which fails to file the notification statement or keep the information current 2604 JOURNAL OF THE SENATE will immediately be subject to the registration requirements of this article. In addition, any. Any subsidiary that violates any applicable law of this article may be subject to a cease and desist order as provided for in Code Section 7-1-1018; (2.1) Any wholly owned subsidiary of any bank holding company; provided, however, that such subsidiary shall be subject to registration requirements in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.3; (3) An attorney at law licensed to practice law in Georgia who is not principally engaged in negotiating mortgage loans when such attorney renders services in the course of his or her practice as an attorney at law Registered mortgage loan originators, when acting for an entity described in paragraphs (1) or (2) of this Code section. To qualify for this exemption, an individual shall be registered with and maintain a unique identifier through registration with the Nationwide Mortgage Licensing System and Registry; (4) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of such individual. For purposes of this exemption, the term 'immediate family member' means a spouse, child, sibling, parent, grandparent, or grandchild. Immediate family members shall include stepparents, stepchildren, stepsiblings, and adoptive relationships; (5) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator; (4)(6) A real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans; however, a real estate broker or real estate salesperson who receives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding negotiates, places, or finds a mortgage for others shall not be exempt from the provisions of this article; (5)(7) Any person performing any act relating to mortgage loans under order of any court; (6)(8) Any natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property; (7)(9) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Development Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Farm WEDNESDAY, MARCH 25, 2009 2605 Credit Administration and its chartered agricultural credit associations; (10) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that serves as the individual's residence; (8)(11) Any person who makes a mortgage loan to an employee of such person as an employment benefit; (9)(12) Any licensee under Chapter 3 of this title, the 'Georgia Industrial Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less; (10)(13) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged; (11)(14) A natural person employed by a licensed or registered mortgage broker, a licensed or registered mortgage lender, or any person exempted from the mortgage broker or mortgage lender licensing requirements of this article when acting within the scope of employment and under the supervision of the licensee mortgage broker or mortgage lender or exempted person as an employee and not as an independent contractor, except those natural persons exempt from licensure as a mortgage broker or mortgage lender under paragraph (17) of this Code section. To be exempt from licensure as a mortgage broker or mortgage lender, a natural person must shall be employed by only one such employer and must shall be at all times eligible for employment in compliance with the provisions and prohibitions of Code Section 7-11004. Such natural person, who meets the definition of mortgage loan originator provided in paragraph (22) of Code Section 7-1-1000, shall be subject to mortgage loan originator licensing requirements. A natural person against whom a cease and desist order has become final shall not qualify for this exemption while under the employment time restrictions of subsection (o) of Code Section 7-1-1004 if such order was based on a violation of Code Sections 7-1-1002 or 7-1-1013 or whose license was revoked within five years of the date such person was hired; (12)(15) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans; (13)(16) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article; or (14)(17)(A) A natural person otherwise required to be licensed as a mortgage lender or mortgage broker, who is under an exclusive written independent contractor agreement with any person that is a wholly owned subsidiary of a financial holding company or bank holding company, savings bank holding company, or thrift holding company, which subsidiary also meets the following requirements, subject to the review and approval of the department: (i) The subsidiary has provided an undertaking of accountability supported by a surety bond equal to the lesser of $1 million or $50,000.00 per exempt person, to cover all of its persons exempted by this paragraph, that includes full and direct financial responsibility for the mortgage broker activities of each such exempted 2606 JOURNAL OF THE SENATE person, and also provides for the education of the exempt persons, the handling of consumer complaints related to the exempt persons, and the supervision of the mortgage broker activities of the exempt persons; (ii) The subsidiary has applied for and been granted a mortgage broker or mortgage lender license, consistent with the provisions of this article and renewable annually; and (iii) The subsidiary has paid applicable fees for this license, which license fees shall be the lesser of one-half of the sum of the cost of the individual licenses or $100,000.00. (B) To maintain the exemption, a natural person must shall: (i) Solicit, process, place, or negotiate a mortgage loan to be made only by the licensed subsidiary or its affiliate; and (ii) Be at all times in compliance with the provisions and prohibitions of Code Section 7-1-1013 and the provisions and prohibitions applicable to employees under Code Section 7-1-1004. (C) For purposes of this paragraph, the term 'financial holding company' shall mean means a financial holding company as defined in the Bank Holding Company Act of 1956, as amended. (D) The commissioner shall provide by rule or regulation for the implementation of this paragraph. (b) Exemptions enumerated in paragraphs (1), (2), (2.1), (7), (8), (9), (11), (12), (13), (14), (15), (16), and (17) of subsection (a) of this Code section shall be exemptions from licensure as a mortgage broker or mortgage lender only. Nothing in paragraphs (1), (2), (2.1), (7), (8), (9), (11), (12), (13), (14), (15), (16), and (17) of subsection (a) of this Code section shall be intended to exempt natural persons from compliance with mortgage loan originator licensing requirements as set forth in this article and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Individuals that transact business as a mortgage loan originator, unless specifically exempted by paragraphs (3), (4), (5), (6), or (10) of subsection (a) of this Code section shall obtain a mortgage loan originator license as required by Code Section 7-1-1002 whether they are employed by a mortgage broker, mortgage lender, or person exempted as a mortgage broker or lender as set forth in this subsection. 7-1-1001.1. (a) In order to comply with the federal requirements contained in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, also known as the S.A.F.E. Mortgage Licensing Act of 2008, on and after January 1, 2010, or such later date approved by the Secretary of the United States Department of Housing and Urban Development, pursuant to the authority granted under Public Law 110-289, Section 1508(a), it shall be prohibited for any person to engage in the activities of a mortgage loan originator without first obtaining and maintaining a mortgage loan originator license as set forth in this article. All provisions within this article that relate to the licensing requirements and associated duties and responsibilities of mortgage loan WEDNESDAY, MARCH 25, 2009 2607 originators shall be effective on and after January 1, 2010, or such later date approved by the Secretary of the United States Department of Housing and Urban Development, pursuant to the authority granted under Public Law 110-289, Section 1508(a). (b) The department shall have the broad administrative authority to administer, interpret, and enforce this article and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, and promulgate rules or regulations implementing it, in order to carry out the intentions of the federal legislature. (c) The provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 shall apply to the activities of retail sellers of manufactured homes to the extent determined by the United States Department of Housing and Urban Development through written guidelines, rules, regulations, or interpretive letters. 7-1-1002. (a) On and after July 1, 1993, it is It shall be prohibited for any person to transact business in this state directly or indirectly as a mortgage broker, or a mortgage lender, or a mortgage loan originator unless such person: (1) Is licensed or registered as such by the department utilizing the Nationwide Mortgage Licensing System and Registry; (2) Is a person exempted from the licensing or registration requirements pursuant to Code Section 7-1-1001; or (3) In the case of an employee of a mortgage broker or mortgage lender, such person has qualified to be relieved of the necessity for a license under the employee exemption in paragraph (11)(8) of Code Section 7-1-1001.; (4) In the case of a mortgage loan originator, such person is supervised by a mortgage broker, mortgage lender, or exemptee on a daily basis while performing mortgage functions; is employed by and works exclusively for only one mortgage broker, mortgage lender, or exemptee; and is paid on a W-2 basis by the employing mortgage broker, mortgage lender, or exemptee, except those natural persons exempt from licensure as a mortgage broker or mortgage lender under paragraph (17) of Code Section 7-1-1001. Each licensed mortgage loan originator shall register with and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry. For the purposes of implementing an orderly and efficient mortgage loan originator process, the department may establish licensing rules or regulations and interim procedures for licensing and acceptance of applications; or (5) A loan processor or underwriter who is an independent contractor shall not engage in the activities of a loan processor or underwriter unless such independent contractor loan processor or underwriter obtains and maintains a mortgage broker or mortgage lender license. Each independent contractor loan processor or underwriter licensed as a mortgage broker or mortgage lender shall have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry. (b) On and after July 1, 1995, it is It shall be prohibited for any person, as defined in Code Section 7-1-1000, including a corporation but not including any natural person who purchases five or fewer mortgage loans in any one calendar year solely as an 2608 JOURNAL OF THE SENATE investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans, knowingly to purchase, sell, or transfer one or more mortgage loans or loan applications from or to a mortgage loan originator, mortgage broker, or mortgage lender who is neither licensed nor exempt from the licensing or registration provisions of this article. Such a purchase shall not affect the obligation of the borrower under the terms of the mortgage loan. The department shall provide for distribution or availability of information regarding approved or revoked licenses. (c) On or after July 1, 1996, every Every person who directly or indirectly controls a person who violates subsection (a) or (b) of this Code section, every general partner, executive officer, joint venturer, or director of such person, and every person occupying a similar status or performing similar functions as such person violates with and to the same extent as such person, unless the person whose violation arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which the original violation is alleged to exist. 7-1-1003. (a) An application for a license under this article shall be made in writing, under oath, and in such form as the department may prescribe. Each such form shall contain content as set forth by rule, regulation, instruction, or procedure of the department and may be changed or updated as necessary by the department in order to carry out the purposes of this article. The department, by regulation, may prescribe different classes of licenses for both mortgage loan originators, mortgage brokers, and mortgage lenders. (b) The application shall include the following: (1) The legal name and address of the applicant and, if the applicant is a partnership, association, corporation, or other business entity, of every member, officer, and director thereof; (2) The name All names, including, but not limited to, website domain names (URLs), under which the applicant will conduct business in Georgia; (3) The For mortgage brokers and mortgage lenders, the address of the main office or principal place of business where books and records are located and any other locations at which the applicant will engage in any business activity covered by the provisions of this article, together with the mailing address where the department shall send all correspondence, orders, or notices. Any changes in this mailing address must shall be delivered in writing to the department before the change is effective; (4) The For mortgage brokers and mortgage lenders, the complete name and address of the applicant's initial registered agent and registered office for service of process in Georgia. If the applicant is a Georgia corporation, this registered agent shall be the same as the agent recorded with the Secretary of State. Any changes in the registered agent or registered office shall be delivered in writing to the department and the Secretary of State, if applicable, before the change is effective. The registered agent may, but is not required to, be an officer of the applicant, and the registered office must shall be a Georgia location where the registered agent may be served; WEDNESDAY, MARCH 25, 2009 2609 (5) The For mortgage brokers and mortgage lenders, the general plan and character of the business; (6) A For mortgage brokers and mortgage lenders, a financial statement of the applicant; (7) Such For mortgage brokers and mortgage lenders, such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, agents, or ultimate equitable owners of 10 percent or more of the applicant; and (8) For mortgage brokers and mortgage loan originators, evidence of satisfaction of experience or education requirements, as required by regulations of the department. (c) The application All applications filed under this Code section shall be filed together with: (1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, that any supervision fee paid at the time of the application shall be refunded if the license is not granted; and (2) The items required by Code Section 7-1-1003.2; and (3) Other information as may be required by the department. 7-1-1003.1. If the applicant for a mortgage broker license or a renewal of such license does not have a physical place of business in Georgia, a license or renewal may shall only be issued if the applicant's home state does not require that in order to be licensed a mortgage broker must shall have a physical place of business in such home state. In either case, an applicant must shall have a registered agent and a registered office in this state. 7-1-1003.2. (a) Each licensed or registered mortgage broker must shall provide the department with a bond. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require as set forth by regulation based on an amount that reflects the dollar amount of loans originated, and the bond shall meet the other requirements of subsection (c)(d) of this Code section. (b) Except as otherwise provided in subsection (c)(d) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant provides the department with a bond. The bond for a mortgage lender shall be in the principal sum of $150,000.00 or such greater sum as the department may require as set forth by regulation based on an amount that reflects the dollar amount of loans originated, and which bond shall meet the other requirements of subsection (c)(d) of this Code section. (c) Each mortgage loan originator shall be covered by a surety bond in accordance with this Code section. In the event that the mortgage loan originator is an employee of a licensed or registered mortgage broker or lender or under an exclusive written independent contractor agreement as described in paragraph (17) of Code Section 7-11001, the surety bond of such licensed or registered mortgage broker or lender may be 2610 JOURNAL OF THE SENATE used in lieu of the mortgage loan originator's surety bond requirement. If the surety bond of the licensed or registered mortgage broker or lender is used in lieu of an individual mortgage loan originator's surety bond then that surety bond shall provide coverage for each covered mortgage loan originator in such amount as the department may require that reflects the dollar amount of loans originated as determined by the department. (d) General bond Bond requirements: (1) The bond requirements for mortgage loan originators, mortgage brokers, and mortgage lenders are continuous in nature and must shall be maintained at all times as a condition of licensure; and (2) The corporate surety bond shall be for a term and in a form satisfactory to the department, shall be issued by a bonding company or insurance company authorized to do business in this state and approved by the department, and shall run to the State of Georgia for the benefit of any person damaged by noncompliance of a licensee with this article, the 'Georgia Residential Mortgage Act,' or with any condition of such bond. Damages under the bond shall include moneys owed to the department for fees, fines, or penalties. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws; (3) When an action is commenced on a licensee's bond, the department may require the filing of a new bond; and (4) Immediately upon recovery upon any action on the bond, the licensee shall file a new bond. (d) As an alternative to a bond, an applicant or a licensee may supply an irrevocable letter of credit from a federally insured financial institution in form and terms acceptable and payable to the department. (e) Any person including the department who may be damaged by noncompliance of a licensee with any condition of a bond or this article, the 'Georgia Residential Mortgage Act,' may proceed on such bond against the principal or surety thereon, or both, to recover damages. 7-1-1003.3. An application to register as a mortgage lender or broker under this article shall be made annually in writing, under oath, on a form provided by the department, subject to requirements specified by rules and regulations of the department. 7-1-1003.4. (a) A notification statement shall contain the following: (1) The name or names under which business will be conducted in Georgia; (2) The name and address of the parent financial institution; (3) The name, mailing address, telephone number, and fax number of the person or persons responsible for handling consumer inquiries and complaints; (4) The name and address of the registered agent for service of process in Georgia; WEDNESDAY, MARCH 25, 2009 2611 and (5) A statement signed by the president or chief executive officer of the entity stating that the entity will receive and process consumer inquiries and complaints promptly, fairly, and in compliance with all applicable laws. (b) A notification statement shall be filed before commencing to do a mortgage business in this state and shall be updated by the entity as the information changes. Any entity which fails to file the notification statement or keep the information current will immediately be subject to the registration requirements of Code Section 7-1-1003.3 Reserved. 7-1-1003.5. (a) The General Assembly has determined that a uniform multi-state multistate administration of an automated licensing system for mortgage loan originators, mortgage brokers, and mortgage lenders is consistent with both the public interest and the purpose of this chapter; therefore, for the sole purpose of participating in the establishment and implementation of a multi-state multistate automated licensing system for mortgage loan originators, mortgage brokers, and mortgage lenders, the department is authorized to: (1) Participate in a nation-wide residential mortgage licensing system established to facilitate the sharing of information and standardization of the licensing and application processes for mortgage loan originators, mortgage brokers, and mortgage lenders by electronic or other means; (2) Enter into operating agreements, information sharing agreements, interstate cooperative agreements, and other contracts necessary for the department's participation in the nation-wide residential mortgage licensing system; (3) Ensure that the nation-wide residential mortgage licensing system adopts an appropriate privacy, data security, and security breach notification policy that is in full compliance with existing state and federal law; (4) Disclose or cause to be disclosed without liability applicant and licensee information, including, but not limited to, violations of this article and enforcement actions, via the nation-wide residential mortgage licensing system to facilitate regulatory oversight of mortgage loan originators, mortgage brokers, and mortgage lenders across state jurisdictional lines; (5) Establish and adopt, by rule or regulation, requirements for participation by applicants and licensees in the nation-wide residential mortgage licensing system upon the department's finding that each new or amended requirement is consistent with both the public interest and the purposes of this article; (6) Pay all fees received from licensees and applicants related to applications, licenses, and renewals to the Office of Treasury and Fiscal Services; provided, however, that the department may net such fees to recover the cost of participation in the nation-wide residential mortgage licensing system; and (7) Modify by rule the license renewal dates set forth in Code Section 7-1-1005 for mortgage brokers and mortgage lenders from a fiscal year to a calendar year, 2612 JOURNAL OF THE SENATE including providing for a one-time, six-month licensing period accompanied by a onetime reduced fee during the conversion year from a fiscal licensing year to a calendar licensing year. (b) Irrespective of its participation in a nation-wide residential mortgage licensing system, the department retains full and exclusive authority over determinations whether to grant, renew, suspend, or revoke licenses issued to mortgage loan originators, mortgage brokers, and mortgage lenders under this article. Nothing in this Code section shall be construed to reduce this authority. 7-1-1003.6. (a) Except as otherwise provided in the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, the requirements under any federal law or Georgia state law regarding the privacy or confidentially of any information or material provided to the Nationwide Mortgage Licensing System and Registry and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. Such information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protection provided by federal or state law. (b) Information or material that is subject to a privilege or confidentially under subsection (a) of this Code section shall not be subject to: (1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or (2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry with respect to such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person that privilege. (c) This Code section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, licensees that are included in the Nationwide Mortgage Licensing System and Registry for access by the public. 7-1-1003.7. (a) Any education provider which offers mortgage industry related courses designed to satisfy education requirements as provided in subsection (c) of Code Section 7-1-1004 and associated department rules shall be approved by the department. (b) An application under this section shall be made in writing, under oath, and in such form as the department may prescribe. The application shall include the following: (1) The name and address of the applicant and, if the entity is not a sole WEDNESDAY, MARCH 25, 2009 2613 proprietorship, the name of every member, officer, principal, or director thereof; (2) The name under which the applicant will conduct business in Georgia; (3) A proposed certificate program or course of study which lists each subject to be taught and credit or classroom hours for each course designed to satisfy education requirements; (4) Qualifications and credentials of any and all instructors teaching courses named in paragraph (3) of this subsection; and (5) Other information as may be required by the department. (c) The initial application shall be filed with the department along with fees established by rule, no portion of which shall be refunded or prorated. Upon receipt of an application, the department shall conduct such investigation as it deems necessary to determine that the applicant and the individuals who direct the affairs or establish policy for the applicant, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the applicant and such persons meet the requirements of subsection (d) of Code Section 7-1-1004; that the applicant and such persons demonstrate reasonable financial responsibility; that the applicant has and maintains a registered agent for service in this state; and the applicant and such persons are qualified by education and experience to present courses directly related to the mortgage brokering process. (d) All education providers approved under this Code section shall be required to file a renewal application on an annual basis in writing, under oath, and in such a form as the department may prescribe. A fee established by the department shall be paid with each renewal application, which fee shall not be refunded or prorated. Failure to file a renewal application shall result in the education provider being removed from the department list of approved mortgage education providers. (e) The department may audit or investigate course offerings of the applicant or approved mortgage education provider as it deems necessary and without cost to the department. 7-1-1004. (a) Upon receipt of an application for license or registration, the department shall conduct such investigation as it deems necessary to determine that the mortgage broker and mortgage lender applicant and the individuals who direct the affairs or establish policy for the mortgage broker and mortgage lender applicant, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the mortgage broker and mortgage lender applicant is not disqualified for licensure as a result of adverse administrative civil or criminal findings in any jurisdiction; that the mortgage broker and mortgage lender applicant and such persons meet the requirements of subsection (d)(h) of this Code section; that the mortgage broker and mortgage lender applicant and such persons demonstrate reasonable financial responsibility; that the mortgage broker and mortgage lender applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the mortgage broker and mortgage lender applicant has and maintains a registered 2614 JOURNAL OF THE SENATE agent for service in this state. (b) The department shall not license or register any mortgage broker and mortgage lender applicant unless it is satisfied that the mortgage broker and mortgage lender applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state. (c) The department may establish by rule or regulation minimum education or experience requirements for an applicant for a mortgage broker license or renewal of such a license. (d) Upon receipt of an application for a mortgage loan originator license, the department shall conduct such investigation as it deems necessary to determine that the mortgage loan originator applicant: (1) Has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequent formal vacation of such revocation shall not be deemed a revocation; (2) Has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court; provided, however, that any pardon of a conviction shall not be a conviction for purposes of this subsection; (3) Has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of this article; (4) Has completed the prelicensing education requirement described in subsection (e) of this Code section; (5) Has passed a written test that meets the test requirement described in subsection (f) of this Code section; and (6) Has met the surety bond requirement pursuant to subsection (c) of Code Section 7-1-1003.2. (e)(1) An individual shall complete at least 20 hours of prelicensing education courses reviewed and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a prelicensing education course shall include review and approval of the course provider. The 20 hours of prelicensing education shall include at least: (A) Three hours of federal law and regulations; (B) Three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and (C) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. (2) Nothing in this subsection shall preclude any prelicensing education course, as approved by the Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the mortgage loan originator applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or entity. WEDNESDAY, MARCH 25, 2009 2615 (3) Prelicensing education may be offered either in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry. (4) The prelicensing education requirements approved by the Nationwide Mortgage Licensing System and Registry in paragraph (1) of this Code section for any state shall be accepted as credit towards completion of prelicensing education requirements in Georgia. (5) A person previously licensed under this article subsequent to January 1, 2010, applying to be licensed again shall prove that they have completed all of the continuing education requirements for the year in which the license was last held. (f)(1) In order to meet the written test requirement referred to in subsection (d) of this Code section for mortgage loan originators, an individual shall pass, in accordance with the standards established under this subsection, a qualified written test developed by the Nationwide Mortgage Licensing System and Registry and administered by a test provider approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. (2) A written test shall not be treated as a qualified written test for purposes of this subsection unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including: (A) Ethics; (B) Federal law and regulation pertaining to mortgage origination; (C) State law and regulation pertaining to mortgage origination; and (D) Federal and state law and regulation, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues. (3) Nothing in this subsection shall prohibit a test provider approved by the Nationwide Mortgage Licensing System and Registry from providing a test at the location of the employer of the applicant or the location of any subsidiary or affiliate of the employer of the applicant or the location of any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator. (4)(A) An individual shall not be considered to have passed a qualified written test unless the individual achieves a test score of not less than 75 percent correct answers to questions. (B) An individual may retake a test three consecutive times with each consecutive taking occurring at least 30 days after the preceding test. (C) After failing three consecutive tests, an individual shall wait at least six months before taking the test again. (D) A licensed mortgage loan originator who fails to maintain a valid license for a period of five years or longer shall retake the test, not taking into account any time during which such individual is a registered mortgage loan originator. (g)(1) In order to meet the annual continuing education requirements referred to in paragraph (2) of subsection (e) of Code Section 7-1-1005, a licensed mortgage loan originator shall complete at least eight hours of education approved in accordance with paragraph (2) of this subsection which shall include at least: (A) Three hours of federal law and regulations; 2616 JOURNAL OF THE SENATE (B) Two hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and (C) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. (2) For purposes of paragraph (1) of this subsection, continuing education courses shall be reviewed and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider. (3) Nothing in this subsection shall preclude any education course from approval by the Nationwide Mortgage Licensing System and Registry that is provided by the employer of the mortgage loan originator or any entity which is affiliated with the mortgage loan originator by an agency contact, or any subsidiary or affiliate of such employer or entity. (4) Continuing education may be offered either in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry. (5) A licensed mortgage loan originator, except for as provided for in paragraph (9) of this subsection and subsection (f) of Code Section 7-1-1005, shall only receive credit for a continuing education course in the year in which the course is taken and shall not take the same approved course in the same or successive years to meet the annual requirements for continuing education. (6) A licensed mortgage loan originator who is an approved instructor of an approved continuing education course may receive credit for the licensed mortgage loan originator's own annual continuing education requirement at the rate of two hours of credit for every one hour taught. (7) An individual having successfully completed the education requirements approved by the Nationwide Mortgage Licensing System and Registry in paragraph (1) of this subsection for any state shall be accepted as credit towards completion of continuing education requirements in Georgia. (8) A licensed mortgage loan originator who subsequently becomes unlicensed shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license. (9) An individual meeting the requirements of paragraphs (1) and (3) of subsection (e) of Code Section 7-1-1005 may make up any deficiency in continuing education as established by rule or regulation of the department. (d)(h) The department may shall not issue or may revoke a license or registration if it finds that the mortgage loan originator, mortgage broker, or mortgage lender applicant or licensee, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant, registrant, or licensee or any individual who directs the affairs or establishes policy for the mortgage broker or mortgage lender applicant, registrant, or licensee, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person WEDNESDAY, MARCH 25, 2009 2617 shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had occurred or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state state's pardoning body in the jurisdiction where the conviction occurred. Any pardon of a conviction shall not be a conviction for purposes of this subsection. (e)(i) The department shall be authorized to obtain conviction data with respect to any mortgage loan originator, mortgage broker, or mortgage lender applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant and any individual who directs the affairs of the company or establishes policy. The department shall may directly submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, together with the required records search fees and such other information as may be required. Fees for background checks that the department administers shall be sent to the department by applicants and licensees together with the fingerprints. Applicants and Mortgage broker and mortgage lender applicants, licensees, and registrants shall have the primary responsibility for obtaining background checks of covered employees which are defined as employees who work in this state and also have the authority to enter, delete, or verify any information on any mortgage loan application form or document. The department shall, however, retain the right to obtain conviction data on covered employees. (j) In connection with an application for licensing with respect to any mortgage loan originator applicant, mortgage broker, or lender applicant, at the direction of the department, the applicant shall at a minimum, furnish to the Nationwide Mortgage Licensing System and Registry information concerning the applicant's identity, including: (1) Fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information for a state, national, and international criminal history background check; and (2) Personal history and experience in a form prescribed by the Nationwide Mortgage Licensing System and Registry, including the submission of authorization for the Nationwide Mortgage Licensing System and Registry and the department to obtain; 2618 JOURNAL OF THE SENATE (A) An independent credit report obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act, 15 U.S.C. Section 1681a(f); and (B) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction. (3) For the purposes set forth in this subsection and in order to reduce the points of contact which the Federal Bureau of Investigation may have to maintain for purposes of such section, the department may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting information from and distributing information to the Department of Justice or any governmental agency. (4) For the purposes of this subsection and in order to reduce the points of contact which the department may have to maintain for purposes of such subsection, the department may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting and distributing information to and from any source so directed by the department. (f)(k) Every mortgage broker and mortgage lender licensee, registrant, and applicant shall be authorized and required to obtain background checks on covered employees. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Licensees, registrants, and applicants shall be responsible for any applicable fees charged by the center. A background check must shall be initiated for a person in the employ of a licensee, registrant, or applicant within ten days of the date of initial hire and be completed with satisfactory results within the first 90 days of employment. This provision does shall not apply to directors, officers, partners, agents, or ultimate equitable owners of 10 percent or more or to persons who direct the company's affairs or establish policy, whose background must shall have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprints of such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (e)(i) of this Code section. (g)(l) Upon receipt of fingerprints, fees, and other required information, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department 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 department or by the applicant, registrant, or licensee shall be used by the party requesting such data for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be WEDNESDAY, MARCH 25, 2009 2619 privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. The department shall be entitled to review any applicant's, registrant's, or licensee's files to determine whether the required background checks have been run and whether all covered employees are qualified. The department shall be authorized to discuss the status of employee background checks with licensees. All such records shall be maintained by the department and the applicant or licensee or registrant pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought, subject to the conditions set forth in subsection (d)(h) of this Code section. Violation of this Code section may subject a licensee or registrant to the revocation of its license or registration. (m) In connection with an application for licensing or registration under this Code section, the department may use the Nationwide Mortgage Licensing System and Registry, when such service is available, as a channeling agent for the submission of fingerprints to the Federal Bureau of Investigation and any governmental agency or entity authorized to receive such information for a state, national, and international criminal history background check. The department is authorized to set forth rules and regulations in order to implement the provisions of this subsection. (h)(n) The department may deny or revoke a license or registration or otherwise restrict a license or registration if it finds that the mortgage broker or mortgage lender applicant or any person who is a director, officer, partner, or ultimate equitable owner of 10 percent or more or person who directs the company's affairs or who establishes policy of the applicant has been in one or more of these roles as a mortgage lender, broker, or registrant whose license or registration has been denied, revoked, or suspended within three five years of the date of the application. (i)(o) The department may shall not issue a license or registration to and may revoke a license or registration from an a mortgage broker or mortgage lender applicant, or licensee, or registrant if such person employs any other person against whom a final cease and desist order has been issued within the preceding five years, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage business; for a violation of Code Section 7-1-1002, subsection (h) of Code Section 7-1-1004, or Code Section 7-1-1013; without a required license, or whose license has been was revoked within five years of the date such person was hired. Each mortgage broker and mortgage lender applicant, and licensee, and registrant shall, before hiring an employee, examine the department's public records to determine that such employee is not subject to the type of cease and desist order described in this subsection. (j)(p) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license or registration. 2620 JOURNAL OF THE SENATE (k)(q) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including, but not limited to, a limited liability company. 7-1-1004.1. Each mortgage broker and mortgage lender shall submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the department and the Nationwide Mortgage Licensing System and Registry may require. 7-1-1004.2. The department shall establish a process whereby licensees may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the department. 7-1-1004.3. The unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations, or advertisements, including business cards, websites, and any other documents as established by rule, regulation, or order of the department. 7-1-1005. (a) Except as otherwise specifically provided in this article, all licenses and registrations issued pursuant to this article shall expire on June 30 December 31 of each year, and application for renewal shall be made annually on or before April 1 December 1 of each year. (b) Any licensee or registrant making proper application, including all supporting documents, demonstration that all necessary continuing education has been successfully completed, moneys owed to the department, and all applicable fees required by this article and any regulations promulgated by the department, for a license or registration renewal to operate during the following license year and filing the application prior to April 1 December 1 shall be permitted to continue to operate pending final approval or disapproval of the application for the license or registration renewal for the following year if final approval or disapproval is not granted prior to July 1 January 1. (c) No investigation fee shall be payable in connection with the renewal application, but an annual license or registration fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved. (d) Any person holding a license or registration pursuant to this article who fails to file a proper application for a license or registration renewal for the following license year, including the proper fee accompanying the application, on or before April 1 December 1 and who files an application after April 1 December 1 may be required to pay, in WEDNESDAY, MARCH 25, 2009 2621 addition to the license or registration fees, a fine in an amount to be established by regulations promulgated by the department. (e) The minimum standards for license renewal for mortgage loan originators shall include: (1) The mortgage loan originator continues to meet the minimum standards for license issuance; (2) The mortgage loan originator has satisfied the annual continuing education requirements; and (3) The mortgage loan originator has paid all required fees for renewal of the license. (f) The license of a mortgage loan originator failing to satisfy the minimum standards for license renewal shall expire. The department may adopt procedures for the reinstatement of expired licenses consistent with the standards established by the Nationwide Mortgage Licensing System and Registry. 7-1-1006. (a) Each license issued under this article shall state the name of the licensee. (b) A licensee shall post a copy of such license in a conspicuous place in each place of business of the licensee. (c) A license may shall not be transferred or assigned. (d) No licensee shall transact business under any name or names other than that those designated in the license records of the department. (e) For mortgage brokers and mortgage lenders, each Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business in Georgia, any change in registered agent or registered office, any change of executive officer, contact person for consumer complaints, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's financial statement. Notice of changes must shall be received by the department no later than 30 business days after the change is effective. (f) No licensee mortgage broker or mortgage lender shall open a new additional office in Georgia without prior approval of the department. Applications for such additional office shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable application fee. The application shall be approved unless the department finds that the applicant has not conducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 45 days of the date the application is received by the department. (g) All branch managers in Georgia must shall be approved by the department. A licensee mortgage broker or mortgage lender may place a new branch manager subject to the department's approval but must shall file for approval within 15 days of the placement and must shall remove the person immediately should the department deny approval. 2622 JOURNAL OF THE SENATE 7-1-1007. (a) A licensee shall give notice to the department by registered or certified mail or statutory overnight delivery of any action which may be brought against it by any creditor or borrower where such action is brought under this article, involves a claim against the bond filed with the department for the purposes of compliance with Code Section 7-1-1003 7-1-1003.2 or 7-1-1004, or involves a claim for damages in excess of $25,000.00 for a mortgage broker or mortgage loan originator and $250,000.00 for a lender and of any judgment which may be entered against it by any creditor or any borrower or prospective borrower, with details sufficient to identify the action or judgment, within 30 days after the commencement of any such action or the entry of any such judgment. (b) A corporate surety shall, within ten days after it pays any claim to any claimant, give notice to the department by registered or certified mail or statutory overnight delivery of such payment with details sufficient to identify the claimant and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee mortgage loan originator, mortgage broker, or mortgage lender shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 7-1-1003.2 or 7-1-1004 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. (c) A bond filed with the department for the purpose of compliance with Code Section 7-1-1003 7-1-1003.2 or 7-1-1004 may shall not be canceled by either the licensee mortgage loan originator, mortgage broker, or mortgage lender or the corporate surety except upon notice to the department by registered or certified mail or statutory overnight delivery with return receipt requested, the cancellation to be effective not less than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation. (d) A licensee or registrant shall, within ten days after knowledge of the event, report in writing to the department: (1) Any knowledge or discovery of an act prohibited by Code Section 7-1-1013; and (2) The discharge of any employee for dishonest or fraudulent acts; and (3) Any administrative, civil, or criminal action initiated against the licensee, registrant, or any of its control persons by any government entity. Any person reporting such an event shall be protected from civil liability as provided in Code Section 7-1-1009. 7-1-1008. (a) Except as provided in this Code section, no person shall acquire directly or indirectly 10 percent or more of the voting shares of a corporation or 10 percent or more of the ownership of any other entity licensed to conduct business as a mortgage broker or mortgage lender under this article unless it first: (1) Files an application with the department in such form as the department may prescribe from time to time; WEDNESDAY, MARCH 25, 2009 2623 (2) Delivers such other information to the department as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and officers, if a corporation, and its members, if applicable, and of any proposed new directors, officers, or members of the licensee; and (3) Pays such application fee as the department may prescribe. (b) Upon the filing and investigation of an application, the department shall permit the applicant to acquire the interest in the mortgage broker or mortgage lender licensee if it finds that the applicant and its members, if applicable, its directors and officers, if a corporation, and any proposed new directors and officers have the financial responsibility, character, reputation, experience, and general fitness to warrant belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with law. The department shall grant or deny the application within 60 days from the date a completed application accompanied by the required fee is filed unless the period is extended by order of the department reciting the reasons for the extension. If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial. (c) The provisions of this Code section shall not apply to: (1) The acquisition of an interest in a licensee directly or indirectly, including an acquisition by merger or consolidation by or with a person licensed by this article or a person exempt from this article under Code Section 7-1-1001; (2) The acquisition of an interest in a mortgage broker or mortgage lender licensee directly or indirectly, including an acquisition by merger or consolidation by or with a person affiliated through common ownership with the licensee; or (3) The acquisition of an interest in a mortgage broker or mortgage lender licensee by a person by bequest, descent, or survivorship or by operation of law. The person acquiring an interest in a mortgage broker or mortgage lender licensee in a transaction which is exempt from filing an application by this subsection shall send written notice to the department of such acquisition within 30 days of the closing of such transaction. 7-1-1009. (a) Any person Mortgage brokers and mortgage lenders required to be licensed or registered under this article shall maintain at its their offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is mortgage brokers and mortgage lenders are complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained separately and distinctly from any other personal or unrelated business matters in which the person is mortgage brokers and mortgage lenders are involved. (b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person mortgage broker or mortgage lender required to be licensed or registered under this article insofar as such affairs, business, 2624 JOURNAL OF THE SENATE premises, and records pertain to any business for which a license or registration is required by this article. Notwithstanding the provisions of this subsection, the department has the discretion to examine a person mortgage broker or mortgage lender less frequently, provided that its record of complaints, comments, or other information demonstrates that person's mortgage broker's or mortgage lender's ability to meet the standards of Code Sections 7-1-1003, 7-1-1003.2, and 7-1-1004. In the case of registrants, the department shall not be required to conduct such examinations if it determines that the registrant has been adequately examined by another bank regulatory agency. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article. (c) In addition to any authority allowed under this article, the department shall be authorized to conduct investigations and examinations of mortgage loan originators as follows: (1) For purposes of initial licensing, license renewal, license suspension, license conditioning, license revocation or termination, or general or specific inquiry or investigation to determine compliance with this article, the department shall have the authority to access, receive, and use any books, accounts, records, files, documents, information, or evidence, including, but not limited to: (A) Criminal, civil, and administrative history information, including nonconviction data; (B) Personal history and experience information, including independent credit reports obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act, 15 U.S.C. Section 1681a(f); and (C) Any other documents, information, or evidence the department deems relevant to the inquiry or investigation regardless of the location, possession, control, or custody of such documents, information, or evidence; (2) For the purposes of investigating violations or complaints, or for the purposes of examination, the department may review, investigate, or examine any mortgage loan originator licensee, individual, or person subject to this article as often as necessary in order to carry out the purposes of this article. The department may direct, subpoena, or order the attendance of and examine under oath all persons whose testimony may be required about the loans or the business or subject matter of any such examination or investigation and may direct, subpoena, or order such person to produce books, accounts, records, files, and any other documents the department deems relevant to the inquiry; (3) Each mortgage loan originator licensee, individual, or person subject to this article shall make available to the department upon request the books and records relating to the activities of a mortgage loan originator; (4) Each mortgage loan originator subject to this article shall make or compile reports or prepare other information as directed by the commissioner in order to carry out the WEDNESDAY, MARCH 25, 2009 2625 purposes of this subsection, including, but not limited to: (A) Accounting compilations; (B) Information lists and data concerning loan transactions in a format prescribed by the department; or (C) Use, hire, contract, or employ public or privately available analytical systems, methods, or software to examine or investigate a mortgage loan originator; (5) In making any examination or investigation authorized by this article, the department may control access to any documents and records of the licensee or person under investigation. In order to carry out the purposes of this Code section, the department may: (A) Enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing resources, standardized or uniform methods or procedures, and documents, records, information, or evidence obtained under this Code section; (B) Accept and rely on examination or investigation reports made by other government officials, within or without this state; and (C) Accept audit reports made by an independent certified public accountant for the licensee, individual, or person subject to this article in the course of that part of the examination covering the same general subject matter as the audit and may incorporate the audit report in the report of examination, report of investigation, or other writing of the department; (6) The authority to investigate provided for in this subsection shall remain in effect whether such licensee, individual, or person subject to this article acts or claims to act under any licensing or registration law of this state or claims to act without such authority; and (7) No mortgage loan originator licensee, individual, or person subject to investigation or examination under this article shall knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information. (c)(d) The department, at its discretion, may: (1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated or is about to violate this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; (3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order of the department; and (4) Disclose the imposition of an administrative fine or penalty under this article. (d)(e)(1) For the purpose of conducting any investigation as provided in this Code 2626 JOURNAL OF THE SENATE section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes, the department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such subpoenas may be served by certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address, by examiners appointed by the department, or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or paper resides or is found. The required fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the department in the same manner that other expenses of the department are paid. (2) The department may issue and apply to enforce subpoenas in this state at the request of a government agency regulating mortgage lenders or brokers of another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the activities had occurred in this state. (e)(f) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. (f)(g) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-170. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraphs (3) and (4) of subsection (c)(d) of this Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. The department shall compile information on the number of written complaints received on all licensees. The department shall annually disclose to the public the number of such complaints together with the number of Georgia residential mortgage loans made during the same period. In preparing the disclosure, the department shall be authorized to rely upon the number of mortgage loans reported to it in the mortgage license renewal application. Information contained in the records of the department which is not confidential and may be made available to the public either on the department's website or upon receipt by the department of a written request shall include: (1) For mortgage brokers and mortgage lenders, the The name, business address, and telephone, fax, and license numbers of a licensee or registrant; (2) For mortgage brokers and mortgage lenders, the The names and titles of the WEDNESDAY, MARCH 25, 2009 2627 principal officers; (3) For mortgage brokers and mortgage lenders, the The name of the owner or owners thereof; (4) For mortgage brokers and mortgage lenders, the The business address of a licensee's or registrant's agent for service; and (5) The terms of or a copy of any bond filed by a licensee or registrant. (g)(h) In the absence of malice, fraud, or bad faith, a person is not shall not be subject to civil liability arising from the filing of a complaint with the department or furnishing other information required by this Code section or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person: (1) For any information relating to suspected prohibited acts furnished to or received from law enforcement officials, their agents, or employees or to or from other regulatory or licensing authorities; (2) For any such information furnished to or received from other persons subject to the provisions of this title; or (3) For any such information furnished in complaints filed with the department. (h)(i) The commissioner or any employee or agent is not shall not be subject to civil liability, and no civil cause of action of any nature exists against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section. 7-1-1010. (a) If a mortgage broker is a United States Department of Housing and Urban Development loan correspondent, such broker must shall also submit to the department the audit that is required for the United States Department of Housing and Urban Development. The department may require the mortgage broker to have made an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of this article and the rules and regulations adopted in furtherance of this article. (b) Each mortgage lender licensed or registered under this article shall at least once each year have made an audit of the books and affairs of the licensed or registered business and submit to the department at renewal an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted accounting principles. A lender who utilizes a bond in lieu of an audit need not supply such audit, unless specially required by the department. An audit must shall be less than 15 months old to be acceptable. The department may by regulation establish additional minimum standards for audits and reports under this Code section. 2628 JOURNAL OF THE SENATE 7-1-1011. (a) The department may, by regulation, prescribe annual fees to be paid by licensees and registrants, which fees shall be set at levels necessary to defray costs and expenses incurred by the state in providing the examinations and supervision required by this article and its federally mandated participation in the Nationwide Mortgage Licensing System and Registry, and which fees may vary according to whether a person is a licensee or registrant or is a mortgage loan originator, mortgage broker, or a mortgage lender and according to the class of license issued to a mortgage broker or mortgage lender. (b)(1) As used in this subsection, the term 'collecting agent' means the person listed as the secured party on a security deed or other loan document that establishes a lien on the residential real property taken as collateral at the time of the closing of the mortgage loan transaction. (2) There shall be imposed on the closing of every mortgage loan subject to regulation under this article which, as defined in Code Section 7-1-1000, includes all mortgage loans, whether or not closed by a mortgage broker or mortgage lender licensee or registrant, a fee of $6.50. The fee shall be paid by the borrower to the collecting agent at the time of closing of the mortgage loan transaction. The collecting agent shall remit the fee to the department at the time and in the manner specified by regulation of the department. Revenue collected by the department pursuant to this subsection shall be deposited in the general fund of the state. (3) The fee imposed by this subsection shall be a debt from the borrower to the collecting agent until such assessment is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. Any collecting agent who neglects, fails, or refuses to collect the fee imposed by this subsection shall be liable for the payment of the fee. 7-1-1012. Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article, to effectuate the purposes of this article, and to clarify the meaning of terms. 7-1-1013. It is shall be prohibited for any person transacting a mortgage business in or from this state, including any person required to be licensed or registered under this article and any person exempted from the licensing or registration requirements of this article under Code Section 7-1-1001, to: (1) Misrepresent the material facts, make false statements or promises, or submit false statements or documents likely to influence, persuade, or induce an applicant for a mortgage loan, a mortgagee, or a mortgagor to take a mortgage loan, or, through agents or otherwise, pursue a course of misrepresentation by use of fraudulent or unauthorized documents or other means to the department or anyone; WEDNESDAY, MARCH 25, 2009 2629 (2) Misrepresent or conceal or cause another to misrepresent or conceal material factors, terms, or conditions of a transaction to which a mortgage lender or broker is a party, pertinent to an applicant or application for a mortgage loan or a mortgagor; (3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan; (4) Improperly refuse to issue a satisfaction of a mortgage loan; (5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mortgage, or other document or thing of value which has come into the possession of the mortgage lender or broker a licensee or registrant and which is not the property of the mortgage lender or broker licensee or registrant, or which the mortgage lender or broker is not in law or at equity entitled to retain; (6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the attempted or actual making of, purchase of, transfer of, or sale of any mortgage loan; (7) Engage in any fraudulent home mortgage underwriting practices; (8) Induce, require, or otherwise permit the applicant for a mortgage loan or mortgagor to sign a security deed, note, loan application, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to recording or other incidental information not available at the time of signing; (9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this paragraph, there is shall be a presumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demonstrated: (A) Lack of substantial benefit to the borrower; (B) Lack of probability of full payment of the loan by the borrower; and (C) A significant proportion of similarly foreclosed loans by such person; (10) Provide an extension of credit or collect a mortgage debt by extortionate means; or (11) Purposely withhold, delete, destroy, or alter information requested by an examiner of the department or make false statements or material misrepresentations to the department or the Nationwide Mortgage Licensing System and Registry or in connection with any investigation conducted by the department or another governmental agency. 7-1-1014. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promulgate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements: 2630 JOURNAL OF THE SENATE (1) Any person required to be licensed or registered under this article shall provide to each applicant for a mortgage loan prior to accepting an application fee or any thirdparty fee such as a property appraisal fee, credit report fee, or any other similar fee a disclosure of the fees payable and the conditions under which such fees may be refundable; (2) Any mortgage lender required to be licensed or registered under this article shall make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connection with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable; and (3) Any mortgage lender required to be licensed or registered under this article shall disclose to each borrower of a mortgage loan that failure to meet every condition of the mortgage loan may result in the loss of the borrower's property through foreclosure. The borrower shall be required to sign the disclosure at or before the time of the closing of the mortgage loan. The department may prescribe standards regarding the accuracy of required disclosures and may provide for applicable administrative or civil penalties or fines for failure to provide the disclosures or to meet the prescribed standards. 7-1-1015. The department may promulgate rules with respect to the placement in escrow accounts by any person required to be licensed or registered by this article of any money, fund, deposit, check, or draft entrusted to it by any persons dealing with it as a residential mortgage loan originator, mortgage broker, mortgage lender, or servicer. 7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose of this article, the department shall prescribe regulations governing the advertising of mortgage loans, including, without limitation, the following requirements: (1)(A) Advertisements for loans regulated under this article may shall not be false, misleading, or deceptive. No person whose activities are regulated under this article may shall advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established' by the state or this article;. (B) An advertisement shall not include an individual's loan number, loan amount, or other publicly available information unless it is clearly and conspicuously stated in bold-faced boldface type at the beginning of the advertisement that the person disseminating it is not authorized by, in sponsorship with, or otherwise affiliated with the individual's lender, which shall be identified by name. Such an advertisement shall also state that the loan information contained therein was not provided by the recipient's lender.; WEDNESDAY, MARCH 25, 2009 2631 (2) All advertisements, including websites, disseminated by a licensee or a registrant in this state by any means shall contain the name, license number, Nationwide Mortgage Licensing System and Registry unique identifier, and an office address of such licensee or registrant, which shall conform to a name and address on record with the department; and (3) No mortgage broker or mortgage lender licensee shall advertise its services in Georgia in any media disseminated in this state, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee' or, for those advertisers licensed in more than one state, a listing of Georgia as a state in which the advertiser is licensed. 7-1-1017. (a)(1) The department may suspend or revoke an original or renewal license, registration, or mortgage broker education approval on any ground on which it might refuse to issue an original license, registration, or approval or for a violation of any provision of this article or of Chapter 6A of this title or any rule or regulation issued under this article or under Chapter 6A of this title, including failure to provide fees on a timely basis, or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage loan originator, mortgage lender, or mortgage broker or for violation of a final order previously issued by the department. (2) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in recovering child support when required by law. (3) Where an applicant or licensee has been found to be a borrower in default as provided in Code Section 20-3-295, such action is shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article. (b) Notice of the department's intention to enter an order denying an application for a license or registration under this article or of an order suspending or revoking a license or registration under this article shall be given to the applicant, licensee, or registrant in writing, sent by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant, licensee, or registrant may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of 2632 JOURNAL OF THE SENATE the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license or registration shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. If a person refuses to accept service of the notice or order by registered or certified mail or statutory overnight delivery, the notice or order shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service; and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the notice or order. This liability shall be paid upon notice and demand by the commissioner or the commissioner's representative and shall be assessed and collected in the same manner as other fees or fines administered by the commissioner. (c) A licensee or registrant may, at the discretion of and with the consent of the department, agree to a voluntary suspension of its license or registration for a period of time to be agreed upon by the parties. Such order of suspension shall be considered a final order and shall be forwarded to the licensee or registrant in the same manner as any other final order. Grounds for such a voluntary suspension shall be the same as provided in subsection (a) of this Code section, and the licensee or registrant may waive its right to an administrative hearing before issuance of the suspension. With the consent of the department, a licensee or registrant may voluntarily surrender its license or registration. A voluntary surrender of a license or registration shall have the same effect as a revocation of said license or registration. A voluntary surrender of a license shall be regarded as a final order of the department. (d) A decision of the department denying a license or registration application, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license or registration shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155. (e) Except as otherwise provided by law, a revocation, suspension, or surrender of a license or registration shall not impair or affect the obligation of a preexisting contract between the licensee and another person. (f) Nothing in this article shall preclude a person mortgage broker or mortgage lender whose license or registration has been suspended or revoked from continuing to service mortgage loans pursuant to servicing contracts in existence at the time of the suspension or revocation for a period not to exceed six months after the date of the final order of the department suspending or revoking the license or registration. (g) Whenever a person subject to an order of the department fails to comply with the terms of such order which has been properly issued, the department upon notice of three days to such person may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the WEDNESDAY, MARCH 25, 2009 2633 period of time fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why such motion should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (h) Whenever the department initiates an administrative action against a current licensee, the department may pursue that action to its conclusion despite the fact that a licensee may withdraw its license or fail to renew it. 7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed or registered or required to file a notification statement under this article or employed by a licensee or registrant pursuant to Code Section 7-1-1001 or who would be covered by the prohibitions in Code Section 7-1-1013 has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders them to cease doing a mortgage business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption or valid employment status during the time of the alleged offense is delivered to the department within the 30 day period, the order shall be rescinded by the department. If a cease and desist order is issued to a person who has been sent a notice of bond cancellation and if the bond is reinstated or replaced and such documentation is delivered to the department within the 30 day period following the date of issuance of the order, the order shall be rescinded. If the notice of reinstatement of the bond is not received within the 30 days, the license shall expire at the end of the 30 day period, and the person shall be required to make a new application for license and pay the applicable fees. In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations. Any cease and desist order sent to the person at both his or her personal and business addresses pursuant to this Code section that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and sufficiently served. (b) Whenever a person shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be 2634 JOURNAL OF THE SENATE granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (c) Any person who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the person involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) Initial judicial review of the decision of the department entered pursuant to this Code section or Code Section 7-1-1017 shall be available solely in the superior court of the county of domicile of the department. (e) All penalties and fines recovered by the department as authorized by subsection (g) of this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, if it makes an accounting of all such costs and expenses of recovery in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441. (f) For purposes of this Code section, the term 'person' also includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section. (g) In addition to any other administrative penalties authorized by this article, the department may, by regulation, prescribe administrative fines for violations of this article and of any rules promulgated by the department pursuant to this article. 7-1-1019. Any person and the several members, officers, directors, agents, and employees thereof who: (1) Shall violate the provisions of subsection (a) of Code Section 7-1-1002, by the willful transaction of a mortgage business without a license or exemption, shall be guilty of a felony punishable as provided in Code Section 7-1-845; or (2) Shall violate any of the other provisions of this article shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000.00, or by both fine and imprisonment. 7-1-1020. Nothing in this article limits shall limit any statutory or common law right of any WEDNESDAY, MARCH 25, 2009 2635 person to bring any action in any court for any act involved in the mortgage business or the right of the state to punish any person for any violation of any law. Without limiting the generality of the foregoing, nothing in this article shall be construed as limiting in any manner the application of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' 7-1-1021. The department may promulgate regulations governing the use and contents of lock-in agreements and commitment agreements." 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 Y Balfour Y Brown E Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) 2636 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 0. HB 312, having received the requisite constitutional majority, was passed by substitute. HB 441. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for frivolous or excessive sales and use tax refund claims; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The Senate Finance Committee offered the following substitute to HB 441: 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 expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for civil and criminal penalties regarding certain sales and use tax refund claims; to authorize refunds to credit card issuers for certain motor fuel sales to tax-exempt entities; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-2-35.1, relating to sales and use tax refunds, to read as follows: "48-2-35.1. (a) If a certificate or exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase tangible personal property or taxable services without the payment of sales and use tax has not been obtained and used prior to purchasing such tangible personal property or taxable services, a refund of sales and use taxes shall be made without interest. (b) Any taxpayer who wishes to expedite the payment of a sales and use tax claim for refund may apply to the commissioner for such expedited refund; and as part of such application the taxpayer shall file a bond that is satisfactory to the commissioner as WEDNESDAY, MARCH 25, 2009 2637 security for the repayment of such refund and any applicable tax, interest, penalties, fees, or costs in the event that the commissioner determines within the applicable statute of limitations that all or a portion of such refund was paid in error. The commissioner shall issue the refund within 30 days of the date of the posting of the approved bond. Any assessment of tax, interest, penalties, fees, or costs related to the payment of such refund claim shall be made within three years after the date that such refund was paid by the commissioner. (c)(1) As used in this subsection, the term: (A) 'Disregard' means any careless, reckless, or intentional disregard. (B) 'Excessive amount' means that portion of the claim for refund that exceeds the amount that is eligible for refund and for which there is no reasonable basis. (C) 'Frivolously filed' means a sales and use tax claim for refund in which the amount claimed exceeds the amount eligible for refund by at least 50 percent. (D) 'Negligence' includes any failure to make a reasonable attempt to comply with the provisions of this title. (E) 'Reasonable basis' means a position that is reasonably based on one or more of the following authorities: applicable provisions of this title and other statutory provisions; proposed and adopted regulations construing such statutes; court cases; official opinions of the Attorney General; and letter rulings, policy statements, informational bulletins, and other administrative pronouncements published by the commissioner. Notwithstanding the preceding list of authorities, an authority shall not continue to be an authority to the extent it is overruled or modified, implicitly or explicitly, by a body with the power to overrule or modify the earlier authority. (2) Any taxpayer who frivolously files a sales and use tax claim for refund shall be subject to a penalty of 20 percent of the excessive amount. No penalty shall be assessed pursuant to this subsection against any portion of an excessive amount for which a refund is claimed in good faith and the filing of which was not due to negligence or disregard of the law. The determination of whether a taxpayer acted in good faith shall be made on a case-by-case basis, taking into account all pertinent facts and circumstances. Generally, the most important factor in such determination is the extent of the taxpayer's effort to assess the taxpayer's proper tax liability. Circumstances that may indicate good faith shall include an honest misunderstanding of fact or law that is reasonable in light of all the facts and circumstances, including the experience, knowledge, and education of the taxpayer. An isolated computational or transcriptional error generally is not inconsistent with good faith. (3) In addition to the penalty imposed under paragraph (2) of this subsection, when all or part of the excessive amount of the taxpayer's claim for refund is based on a position which is knowingly and willfully advanced in bad faith and is patently improper, such taxpayer shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00." SECTION 2. Said title is further amended by adding a new Code section to read as follows: 2638 JOURNAL OF THE SENATE "48-9-10.1. (a) As used in this Code section, the term: (1) 'Credit card issuer' means the party that extends credit, through the issuance of a credit card, to the qualified governmental tax-exempt entity that purchases 'motor fuel' for 'highway use' as those terms are defined under Code Section 48-9-2 for a qualified governmental tax-exempt entity's exclusive use. (2) 'Qualified governmental tax-exempt entity' means a government entity that is exempt from sales and use tax under Chapter 8 of Title 48, or other provision of general law. (b) In the event that a sale of 'motor fuel' for 'highway use' is made to a qualified governmental tax-exempt entity, by means of a credit card issued by a credit card issuer to the qualified governmental tax-exempt entity when such credit card issuer invoices and bills such qualified governmental tax-exempt entity net of the applicable taxes, such credit card issuer may obtain a refund for the sales and use taxes paid on such sales. (c) In order for a credit card issuer to be eligible to claim a refund of sales and use taxes provided under this Code section, the credit card issuer must be registered with Internal Revenue Service under Section 4101 of the Internal Revenue Code as a credit card issuer; establish that it has not collected the tax from the qualified governmental tax-exempt entity who purchased the motor fuel; establish that it repaid the amount of the tax to the dealer in full with all applicable taxes included; and has obtained the written consent of the dealer to the allowance of the credit or refund or has otherwise made arrangements which directly or indirectly provide the dealer with reimbursement of the tax. (d) Refunds of sales and use tax pursuant to this Code section shall be made without interest. (e) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, 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: WEDNESDAY, MARCH 25, 2009 2639 Y Adelman Y Balfour Y Brown E Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 0. HB 441, having received the requisite constitutional majority, was passed by substitute. HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. 2640 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 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 27, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 481 (LC 14 0005) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This legislation consists of multiple sections that will affect revenues. Sections 2, 3, and 4 would temporarily suspend collections of certain fees for filings with the Secretary of State related to business corporations. Section 5 would provide a $500 credit to employers who hire workers that were unemployed and receiving unemployment insurance benefits. This credit would be against the employer's unemployment insurance tax obligations. The worker must remain employed by the employer for six months and not receive unemployment benefits while so employed. Section 6 would phase out the corporate income tax beginning on January 1, 2012. Section 7 would provide a tax credit for employers that employ workers who were unemployed for 60 days or more prior to becoming employed, remain so employed by the employer for at least 24 consecutive months, and during the entire period of such employment receive average monthly compensation at least equal to the average monthly employment compensation benefits in the state. Section 8 would eliminate the requirement that certain dealers remit sales and use tax that includes estimated tax liability. Sections 2, 3 and 4 would suspend collection of filing fees for articles of incorporation, certificate of limited partnership, articles of organization for limited liability companies and annual registration fees for corporations, limited partnerships and limited liability companies. This suspension would last from July 1, 2009, through June 30, 2010. Based WEDNESDAY, MARCH 25, 2009 2641 on data on the number of such entities operating in Georgia and the number of new entities formed in FY 2008, the estimated revenue loss in FY 2010 from suspending collection of these fees would be $28.7 million. Section 5 would create a credit against employers' unemployment insurance tax obligations. The credit would be for employees who were first employed on or after the effective date of the legislation and prior to July 1, 2010, were eligible for and receiving unemployment benefits for 60 days or more immediately prior to being employed, and do not receive unemployment benefits while so employed. The credit amount is $500. To estimate the impact of this section, data on employment, unemployment and labor turnover were used. Bureau of Labor Statistics data on job hire rates, job quit rates and layoffs and discharges for the South Census Region were used to estimate the job turnover activity in Georgia. This data indicates that approximately 77,300 workers are hired each month in Georgia. Offsetting this, approximately 130,200 workers quit employment or are laid off or discharged from their employment each month. The difference between these activities was then added to the total number of unemployed in Georgia. U.S. data on the duration of unemployment indicates that approximately 48% of the current unemployed have been unemployed for 60 days or more. This means that approximately 35.6% of the pool of available workers has been unemployed for 60 days or more. This hiring pool consists of the currently unemployed and the newly laid off, discharged or those who have quit work. It was assumed that the various labor market parameters used are static over the period of analysis. It is expected that hire rates will increase over time as the economy bottoms and then recovers and that layoff rates would decrease as the economy stabilizes. In addition, unemployment is a lagging indicator of economic growth so that the number of those unemployed more than 60 days is likely to grow at least into the early months of calendar year 2010. All these factors suggest that holding these parameters static likely underestimates the number of creditable workers hired during the analysis period. If so, the resulting revenue loss will be higher than estimated. However, one potentially offsetting factor is that those quitting employment may already have new employment lined up so that the percentage of new hires represented by workers that are unemployed for 60 days or more may be overstated. This would tend to lower the revenue loss. However, no data is available to measure this. Using these data and assumptions, approximately 27,500 creditable employees would be hired per month based on December 2008 labor market activity. It is further assumed that approximately 1.3% of these workers would quit per month. After six months, the net number of employees remaining from the original hiring would be 25,758. This represents the employment base for determining the credit. It is assumed that the employer is able to claim the $500 credit per employee in the first month after the employee has completed six months of work. Given this assumption, the decrease in tax contributions to the unemployment insurance fund would be approximately $77.3 million 2642 JOURNAL OF THE SENATE in FY 2010 and $77.3 million in FY 2011. Note that to the extent that the credit stimulates additional employment, there would be an offsetting reduction in employment benefits paid out of the fund since some unemployed workers will be removed from the unemployment rolls and no longer receive payments. However, in practice, job turnover is continual and a large number of workers are hired, discharged or quit each month with some portion of the new hires coming off unemployment benefits and some portion of newly discharged workers beginning to receive unemployment benefits. This credit would reduce payouts from the trust fund only to the extent that it increases overall employment. The amount of the credit relative to median compensation levels is small so that it is reasonable to assume that the credit will cause an increase of 1% in the number of workers hired. It is further assumed that these incremental workers remain employed for 6 months or until the incentive to have them on the payroll disappears. Based on these assumptions, payment from the trust fund would be reduced by $57.9 million in FY 2010 and by $15.2 million in FY 2011. This calculation assumes that all workers would have received the maximum weekly benefit amount paid by the Georgia Department of Labor. Section 6 would phase out the corporate income tax by reducing the tax rate by 0.5% each tax year beginning January 1, 2012. Corporate income tax revenues are very volatile on a year over year basis. Over the period from 1990 to 2008, corporate income tax revenues grew by about 3.6% per year. This growth rate was applied to FY 2008 corporate income tax revenues of $887.1 million to determine a baseline estimate of corporate income tax revenues over the phase-out period. Note that the starting point excludes revenues from the corporate net worth tax and the financial institutions business license tax. The table below summarizes the expected reduction in corporate income tax revenues: FY 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 $ M illions 42.6 130.8 225.3 326.5 434.6 550.2 673.4 804.9 944.9 1,093.9 1,252.5 1,421.1 One issue to consider is how the phase-out of the corporate income tax might affect future economic growth in the state. Georgia's corporate income tax is based on federal WEDNESDAY, MARCH 25, 2009 2643 taxable income apportioned to Georgia based on the proportion of the business's sales in Georgia. This means that currently the business faces no tax consequences from additional hiring or investment in Georgia, thus the phase-out of the corporate income tax is not expected to significantly alter growth conditions in Georgia. Section 7 would create an income tax credit for employers that hire one or more creditable employees. The credit amount is $2,400 per qualified employee. Creditable employees are defined to have been hired after the effective date of the legislation but prior to July 1, 2010, were unemployed for 60 or more days immediately prior to being employed, remain employed for 24 consecutive months, and receive monthly compensation at least equal to the average monthly employment benefit compensation in Georgia. Analysis of this proposed section builds off the analysis of Section 5. That analysis provided a baseline estimate of the number of hires that would qualify for the $500 unemployment insurance credit. Here, the baseline is adjusted to account for the portion of these newly hired workers that leave prior to being on the employer's payroll for 24 months rather than six months and to include an elasticity impact from effectively reducing net wage costs to the employer. The credit effectively reduces the wage costs of hiring a new qualified employee by $2,400. This is expected to speed up some hiring activity to take advantage of the credit. Based on median wages and the amount of the credit, it seems reasonable to assume that the impact is to increase the hiring of qualified workers by 1.5%. This increases the total number of initial qualified hires to 27,900 per month. After 24 months, the expected number of qualified workers hired per month would decrease to about 20,649 as attrition occurs due to workers quitting a job. This indicates that approximately $594.7 million in credits would be created. It is uncertain how quickly employers could claim the credit since it is limited by the taxpayer's income tax liability. Any unused credit can be carried forward for use in the two succeeding tax years. Department of Revenue tracking of job tax credits for the period FY 2002 through FY 2007 indicates that the ratio of used job tax credits to created job tax credits equaled 0.9. If this historical experience holds, 90% of the credits created would be used in FY 2012, the first year in which the credits could be used. This equals $535.2 million. The remaining 10% or $59.5 million are assumed to be used in FY 2013. The elasticity impact measures the additional workers hired solely due to the tax credit. These workers will generate individual income tax revenue and sales tax revenue that would not occur absent this credit. Assuming approximately $2,700 in annual income and sales tax revenue per incremental worker, the increase in tax revenue from the additional hiring would equal $6.0 million in FY 2010 and $5.9 million in FY 2011. Section 8 would eliminate the requirement that dealers with monthly sales tax liability in excess of $5,000 file a return and remit any estimated tax liability for the taxable period. The Department of Revenue analyzed active sales tax accounts that remit estimated 2644 JOURNAL OF THE SENATE payments. Their analysis indicates that eliminating the requirement that dealers remit sales tax including estimated sales tax would result in a one-time reduction in sales tax revenues of $186 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 481: A BILL TO BE ENTITLED AN ACT To enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax for certain corporations; to provide for credits against state income tax for employers employing certain previously unemployed persons; to eliminate the requirement for dealers to make returns and remittances with respect to estimated sales and use tax liability; to provide for other 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 "Jobs, Opportunity, and Business Success Act of 2009." SECTION 2. 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 fees for filings related to business corporations, as follows: WEDNESDAY, MARCH 25, 2009 2645 "14-2-122. (a) 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 (5) Agent's statement of resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (6) Certificate of judicial dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Articles of dissolution or intent to dissolve . . . . . . . . . . . . . . . . . . . . . . . . No fee (8) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (9) Application for reservation of a corporate name . . . . . . . . . . . . . . . . . . . . 25.00 (10) Civil penalty for a foreign corporation transacting business in this state without a certificate of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (11) Statement of change of address of registered agent...$5.00 per corporation but not less than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (12) Application for reinstatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (13) Certificate of conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.00 (14) Any other document required or permitted to be filed by this chapter . . 20.00 (b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings." SECTION 3. Said Title 14 is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited partnerships, as follows: "14-9-1101. (a) The Secretary of State shall charge and collect for filing: Document Fee (1) A certificate of limited partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 (2) A registration of a foreign limited partnership . . . . . . . . . . . . . . . . . . . . . 225.00 2646 JOURNAL OF THE SENATE (3) An annual registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 (4) Penalty for late filing of annual registration . . . . . . . . . . . . . . . . . . . . . . . 25.00 (5) Agent's statement of resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (6) Certificate of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (8) Statement of change of address of registered agent or registered office... $5.00 per limited partnership but not less than . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (9) An amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (10) Certificate of election to become a limited partnership . . . . . . . . . . . . . . 80.00 (11) Certificate of conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.00 (12) Application for reservation of a name . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (13) Any other document required or permitted pursuant to this chapter . . . . 20.00 (b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings." SECTION 4. Said Title 14 is further amended by revising Code Section 14-11-1101, relating to fees for filings related to limited liability companies, as follows: "14-11-1101. (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 . . . . . . . . . . . . . . . . . . . . No Fee WEDNESDAY, MARCH 25, 2009 2647 (7) Certificate of termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Fee (8) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (9) Articles of correction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (10) Application for reservation of a name . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (11) Statement of change of registered office or registered agent...$5.00 per limited liability company (foreign or domestic), but not less than . . . . 20.00 (12) Registered agent's statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11-703 . No fee (13) Certificate of judicial dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (14) Annual registration (foreign or domestic) . . . . . . . . . . . . . . . . . . . . . . 30.00 (15) Penalty for late filing of annual registration . . . . . . . . . . . . . . . . . . . . 25.00 (16) Reinstatement fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (17) Any other document required or permitted to be filed by this chapter 100.00 20.00 (18) Certificate of conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.00 (b) The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section 14-11-711. (c) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (5) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings." SECTION 5. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-8-156, relating to the State-wide Reserve ratio and reduction in tax rate, by adding a new subsection as follows: "(g) For calendar quarters beginning on or after July 1, 2009, there shall be a credit to be known as the Georgia Works Tax Credit. The amount of the credit shall be not less than $25.00 and not more than $125.00 per individual employee per calendar quarter, as further described in this subsection. The determination of the amount of the credit, within the permissible range, shall be made and periodically revised by the Commissioner based on the Commissioner's evaluation of conditions in the Georgia labor market, the state of the economy, and the State-wide Reserve Ratio. The credit may be claimed by an employer for up to four calendar quarters with respect to an individual hired by that employer for services to be performed in this state under the following conditions: (1) Such individual: (A) Has filed a claim for unemployment compensation in this state and is currently 2648 JOURNAL OF THE SENATE receiving weekly unemployment compensation benefits on that claim under the provisions of Article 7 of this chapter and such benefits are chargeable to the experience rating account of an employer under Code Section 34-8-157; (B) Has been profiled by the department as likely to exhaust benefits; (C) Has no return to work date or promise of future employment; and (D) Has at least eight weeks of benefit eligibility remaining on his or her current claim at the time the employer hires the individual; (2) The credit for each such hired individual per calendar quarter may be claimed on the reports required to be filed under Code Section 34-8-165 as a reduction from amounts otherwise due with respect to each of the four calendar quarters immediately following the hire date of the individual; provided, however, that the credit may not be claimed for any hired individual with respect to more than one hiring by the employer claiming the credit or for more than four calendar quarters with respect to that one hiring; (3) For each calendar quarter for which the credit is claimed, such individual shall be continuously employed by the employer claiming the credit, and such individual's employment with that employer shall consist of at least 30 hours per week during each week of that calendar quarter; (4) The credit shall be timely claimed for the calendar quarter to which the credit is applicable, and in no event later than the last day of the reporting month following the end of the calendar quarter to which the credit is applicable. The credit shall not be refundable. The credit cannot reduce tax liability below zero; provided, however, that the credit, if properly and timely claimed, may be carried forward and applied against contributions due in any subsequent calendar quarter in the same calendar year as claimed. Any unused credit remaining at the end of a calendar year may not be carried forward to another calendar year and shall be deemed to have expired; and (5) No credit shall be claimed or taken by any employer who fails to timely file any report or to timely pay all amounts otherwise due for all calendar quarters during the calendar year for which the credit is claimed. In the event an employer has claimed a credit under this Code section and fails to timely file any report or to timely pay all amounts otherwise due during the year the credit is claimed, the amount of any credits claimed with respect to the calendar year shall be canceled and become delinquent as of the date originally due under Code Section 34-8-165 and subject to all the provisions of this article as if no credit had ever been available or claimed." SECTION 6. Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended in Code Section 48-7-21, relating to taxation of corporations, by revising subsection (a) and adding a new subsection as follows: "(a) Except as otherwise provided in subsection (a.1) of this Code section, every Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 6 percent of its Georgia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from WEDNESDAY, MARCH 25, 2009 2649 business done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corporation's taxable income as defined in the Internal Revenue Code of 1986, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31. (a.1)(1)(A) For taxable years prior to January 1, 2012, every Georgia domiciled corporation shall pay annually an income tax equivalent to 6 percent of its Georgia taxable net income. (B) For taxable years beginning on or after January 1, 2012, and prior to January 1, 2013, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 5.5 percent of its Georgia taxable net income. (C) For taxable years beginning on or after January 1, 2013, and prior to January 1, 2014, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 5.0 percent of its Georgia taxable net income. (D) For taxable years beginning on or after January 1, 2014, and prior to January 1, 2015, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 4.5 percent of its Georgia taxable net income. (E) For taxable years beginning on or after January 1, 2015, and prior to January 1, 2016, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 4.0 percent of its Georgia taxable net income. (F) For taxable years beginning on or after January 1, 2016, and prior to January 1, 2017, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 3.5 percent of its Georgia taxable net income. (G) For taxable years beginning on or after January 1, 2017, and prior to January 1, 2018, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 3.0 percent of its Georgia taxable net income. (H) For taxable years beginning on or after January 1, 2018, and prior to January 1, 2019, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 2.5 percent of its Georgia taxable net income. (I) For taxable years beginning on or after January 1, 2019, and prior to January 1, 2020, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 2.0 percent of its Georgia taxable net income. (J) For taxable years beginning on or after January 1, 2020, and prior to January 1, 2021, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 1.5 percent of its Georgia taxable net income. (K) For taxable years beginning on or after January 1, 2021, and prior to January 1, 2022, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 1 percent of its Georgia taxable net income. (L) For taxable years beginning on or after January 1, 2022, and prior to January 1, 2023, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 0.5 percent of its Georgia taxable net income. (M) For any taxable year beginning on or after January 1, 2023, there shall not be a corporate income tax and no corporate returns are required. 2650 JOURNAL OF THE SENATE (2) The reduction schedule specified in paragraph (1) of this subsection shall be subject to the limitations in this paragraph. The reduction otherwise specified to occur in a taxable year shall be granted for that tax year only if the amount of funds in the Revenue Shortfall Reserve for the current fiscal year is in excess of 5 percent of the net revenue of the preceding fiscal year. In the event that insufficient funds are in the Revenue Shortfall Reserve, then the reduction otherwise specified to occur in the taxable year shall be postponed until the following taxable year and the schedule of gradual reductions specified in paragraph (1) of this subsection shall be extended accordingly. (3) Georgia taxable net income of a Georgia domiciled corporation shall be that corporation's taxable income from property owned or from business done in this state. A Georgia domiciled corporation's taxable income from property owned or from business done in this state shall consist of that corporation's taxable income as defined in the Internal Revenue Code of 1986, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31." SECTION 7. Said Title 48 is further amended by adding a new Code section as follows: "48-7-29.17. (a) As used in this Code section, the term 'creditable employee' means an employee of an employer who: (1) Is first employed by the employer on or after the effective date of this Code section and prior to July 1, 2010; (2) Was unemployed immediately prior to becoming so employed; (3) Remains so employed by the employer for at least 24 consecutive months; (4) Executes and provides a notarized affidavit swearing or affirming that such employee is eligible to work in the United States because such person is either a United States citizen or a lawfully present alien according to federal law; and (5) During the entire period of such employment receives monthly compensation in an amount at least equal to the average monthly employment compensation benefit paid to persons receiving employment compensation benefits in this state. (b) An employer who has one or more creditable employees and who provides a notarized affidavit attesting to use of the federal employment verification system now known as 'E-Verify' or any future federal employment verification system shall be eligible to apply for and receive a credit against taxes imposed under this chapter. The amount of the credit shall be $2,400.00 for each creditable employee. Eligibility for the credit shall be established as of the time the creditable employee completes 24 consecutive months of employment; and the credit shall be claimed for the taxable year in which the twenty-fourth month of such employment is completed. (c) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding two years' tax WEDNESDAY, MARCH 25, 2009 2651 liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (d) The credit shall be claimed and granted in such manner as shall be specified by rules adopted by the commissioner; and such rules shall specifically provide for the manner of establishing the qualifying status of unemployment of the employee prior to employment. The average monthly employment security benefit shall be computed on a monthly basis by the Commissioner of Labor. (e) For the purpose of determining whether an employee is employed by the employer under subsection (a) of this Code section, employment may include up to 13 weeks continuous prior service for the employer as a temporary employee of a staffing firm. As used in this Code section, staffing firm means an organization that hires its own employees and assigns them to a client to support or supplement the client's work force in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects." SECTION 8. Said Title 48 is further amended in Code Section 48-8-49, relating to dealers' sales and use tax returns, by revising subsection (b) as follows: "(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $5,000.00, the A dealer shall not be required to file a return and remit to the commissioner not less than 50 percent of the any estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $5,000.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability. (3) Any dealer who has filed a return and remitted any estimated tax liability to the commissioner which amount has not been credited against the amount to be due on the return required under subsection (a) of this Code section on or before the effective date of this paragraph shall be issued a refund check by the commissioner for such amount. Prior to or in conjunction with the mailing of such refund check, the commissioner shall mail the dealer the following notice: 'Dear Georgia business owner, This is a refund of your sales tax deposit, which is returned to you in compliance with the Jobs, Opportunity, and Business Success Act of 2009 (J.O.B.S). The state will no longer require you to pay sales tax before it is collected. 2652 JOURNAL OF THE SENATE The Georgia State House and State Senate passed and the Governor signed the J.O.B.S. Act (O.C.G.A. 48-8-49) believing that entrepreneurs and business owners, not government, are best equipped to create jobs and sustainable economic growth for Georgia. We appreciate your efforts to create true economic stimulus for our great state. Thank you! Georgia General Assembly'" 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 Y Balfour N Brown Y Buckner E Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) WEDNESDAY, MARCH 25, 2009 2653 On the passage of the bill, the yeas were 43, nays 7. HB 481, having received the requisite constitutional majority, was passed by substitute. HB 482. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st 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 exemptions from ad valorem taxation, so as to provide that, subject to referendum approval, all tangible personal property constituting the inventory of a business shall be exempt from state ad valorem taxation; to provide for a referendum election with respect to effectiveness; 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 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 5, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 482 (LC 14 0004) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: 2654 JOURNAL OF THE SENATE This legislation proposes to exempt all business inventory from the state's (not school, county, municipal, or special district) ad valorem tax. This provision would apply to tax years beginning on or after January 1, 2011, subject to voter approval in the November 2010 state-wide general election. The estimated tax cost to state government in 2011 is $2.12 million. Relying on consolidated property tax base data provided by the Department of Revenue, the total taxable value of business inventory, commercial and industrial, in 2007 was $17.5 billion, but 53 percent of this value is already exempt from property taxation under Freeport exemptions (O.C.G.A. 48-5-48.2(b)). The taxable value is $8.2 billion (under Freeport, 76 percent of industrial inventory is exempted, but only 38 percent of commercial/retail inventory is exempted). At the State's tax rate of 0.25 mill, the levy in 2007 is $2.04 million. Inflating the figure to 2011 yields $2.12 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 N Brown Y Buckner E Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman WEDNESDAY, MARCH 25, 2009 2655 Y Grant Y Hamrick Y Harbison Y Harp Y Pearson Y Powell Y Ramsey Y Reed Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 6. HB 482, having received the requisite constitutional majority, was passed. Senator Douglas of the 17th was excused for business outside the Senate Chamber. HB 484. By Representative O`Neal of the 146th: 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 dependent children of military personnel stationed in Georgia on active duty shall be deemed to meet the residency requirements for purposes of HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 4, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 484 (LC 33 2982) 2656 JOURNAL OF THE SENATE Dear Chairman O'Neal: This bill would extend in-state residency status to dependent children of active duty military personnel stationed in Georgia for the purposes of HOPE Scholarships at public and private postsecondary institutions and HOPE Grants at branches of the Technical College System of Georgia. Under current law, a dependent child of military personnel who graduates from a Georgia high school and meets all other eligibility requirements is eligible to receive HOPE Scholarships and Grants. However, dependent children of military personnel entering a Georgia postsecondary institution after graduating from an out-of-state high school are still required to meet the one-year residency requirement in order to qualify for the HOPE Program. The fiscal impact of this bill could total up to $6.2 million in the first year. This total includes $3.8 million for an estimated 1,128 students to attend public universities, $1.9 million for 1,312 students to attend technical schools, and $473,000 for 184 students to attend private colleges. These estimates of the number of college-aged military dependents who may become eligible for the Hope Program was derived from U.S. Department of Defense data showing that, of the total 1.2 million military dependents worldwide, an estimated 4.5% (52,895) have parents stationed in Georgia and 8% (4,232) are estimated to be between the ages of 17 and 23. According to the Georgia Student Finance Commission, about 62% of these 4,232 college-aged dependents (totaling 2,624 dependents) could be expected to attend the various types of postsecondary institutions as listed above. These estimates should be considered maximums as they do not take into account that military dependents who would be eligible for the HOPE Program under this bill may not meet all the requirements to receive a scholarship or grant, and they do not consider the number of military dependents who may already be receiving monies through the Program. 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: WEDNESDAY, MARCH 25, 2009 2657 Y Adelman Y Balfour Y Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 51, nays 0. HB 484, having received the requisite constitutional majority, was passed. Senator Moody of the 56th was excused for business outside the Senate Chamber. HB 550. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hudgens of the 47th. Senators Harp of the 29th and Hudgens of the 47th offered the following amendment #1: Amend HB 550 by adding after the semicolon on line 28 the following: provided, however, that the insurer may not impose a surrender charge on any policyholder electing to surrender his or her paid-up life insurance policy for its cash value; 2658 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Harp, Hudgens 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 Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson N Jones E Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 1. HB 550, having received the requisite constitutional majority, was passed as amended. HB 607. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Mills of the 25th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Public Safety, so as to change certain provisions relating to the Board of Public Safety; to provide for a member of the Georgia Association of Fire Chiefs to serve as a member of the board; 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. WEDNESDAY, MARCH 25, 2009 2659 The report of the committee, which was favorable to the passage of the bill, was agreed 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 Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort 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,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 0. HB 607, having received the requisite constitutional majority, was passed. At 1:37 p.m. the President announced that the Senate would stand in recess until 2:00 p.m. At 2:00 p.m. the President called the Senate to order. Senator Seabaugh of the 28th asked for a Quorum Call of the Georgia State Senate. A roll call was taken, and the following members were present: Adelman Buckner Butler Butterworth Chance Heath Henson Hill,Jack Hill,Judson Hooks Seabaugh Seay Shafer Sims Smith 2660 Chapman Cowsert Crosby Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins JOURNAL OF THE SENATE Hudgens Jackson,L Johnson Jones Moody Mullis Murphy Orrock Pearson Ramsey Reed Rogers Staton Stoner Tarver Tate Thomas Thompson,C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Balfour Jackson, W. Brown Powell Bulloch (Excused) Thompson, S. (Excused) A quorum was declared present. The following bill was taken up to consider House action thereto: SB 39. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: 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 a 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to change the WEDNESDAY, MARCH 25, 2009 2661 allocation regarding the use of sales tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by revising subsections (i) and (l) of Section 25 as follows: "(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended; provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; and for each fiscal year commencing thereafter until December 31, 2008, no more than fifty-five percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and for. For the period beginning January 1, 2009, and ending June 30, 2009 2011, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty sixty percent (50%) (60%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; except that if the The Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Metropolitan Atlanta Rapid Transit Overview Committee annually, the original and 14 copies of a report of the findings of a completed management performance audit of the Authority's current operations, which audit was performed under contract with and at the expense of the Authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary,. then for the period beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1, 2032, and for every year 2662 JOURNAL OF THE SENATE thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980, or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board shall reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs: (1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or compliance with any national or state emergencies, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent, and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2008, and only if expressly authorized by the board, interest earned WEDNESDAY, MARCH 25, 2009 2663 on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection." "(l) Any limitation contained in this Act to the contrary notwithstanding, the Board may, in its sole discretion, and for any fiscal year commencing July 1, 1980, or thereafter, use any interest earned on any self-insurance reserve established pursuant to Section 22 of this Act to pay the operating costs of the system as defined by subsection (i) of Section 25 of this Act. (2) No revenue from public funds shall be used for speculative investments. No revenue from public funds shall be used for real estate acquisition or development for a purpose other than transportation or the direct facilitation thereof." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 19th moved that the Senate agree to the House substitute as amended by the following amendment: Amend the House substitute to SB 39 by striking all matter beginning on line 1 through the end of the bill and substituting in lieu thereof the following: To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to provide for short titles; to provide for definitions; to provide for purposes of the authority; to provide for transition of duties, responsibilities, functions, powers, and jurisdiction; to provide for membership; to provide for a quorum and filling of vacancies; to provide for powers of the authority; to provide for expenditure of funds; to provide for collection of tolls; to provide for air quality standards within certain geographic areas; to provide for delegation by the Governor of certain powers to the authority; to provide for developments of regional impact; to provide for cooperation with the Georgia Rail Passenger Authority and the Georgia Environmental Facilities Authority; to provide for the awarding of contracts; to provide for the transfer of property to the authority; to provide for the disposition of revenue; to provide for liberal construction of provisions; to provide for a streetcar pilot project; to provide for the issuance of revenue bonds; to provide for the issuance of guaranteed revenue bonds; to provide for the disposition of revenue from bonds; to provide for the replacement of lost bonds; to provide that revenue bonds are not debts of 2664 JOURNAL OF THE SENATE the State of Georgia; to provide tax exemption for the revenue bonds; to provide venue for proceedings on bonds; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct cross-references; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION .1. This Act shall be known and may be cited as the "Transforming Transportation Investment Act." PART I Provisions Applicable to the Department of Transportation and the State Transportation Board SECTION 1-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising paragraphs (21) and (27) and by adding new paragraphs (10.1), (26.1), (27.2), and (27.3) in Code Section 32-1-3, relating to definitions, as follows: "(10.1) 'Federal Public Transportation Fund' means the fund established in Code Section 32-5-2." "(21) 'Private road' means a privately owned road or way, including any bridge thereon, which is only open for the benefit of one or more individuals and not for the general public. This term also means a road which lies on privately owned land. The term does not include any road or road facility built under the terms of a publicprivate partnership agreement with a state agency or any political subdivision of the state." "(26.1) 'Secretary of transportation' means the state's chief executive officer for transportation and shall be the secretary of the State Transportation Authority selected pursuant to subsection (d) of Code Section 32-12-5." "(27) 'State agency' means any authority, division, department, instrumentality, branch, or other body of the state to which state governmental functions have been delegated." "(27.2) 'State Public Transportation Fund' means the fund established in Code Section 32-5-20. (27.3) 'State Transportation Authority' means the authority established in Chapter 12 of this title to plan and coordinate transportation projects in the state." WEDNESDAY, MARCH 25, 2009 2665 SECTION 1-2. Said title is further amended in Code Section 32-1-8, relating to construction and maintenance of private roads, by revising said Code section as follows: "32-1-8. It shall be unlawful for any official, officer, or employee of the department, the State Road and Tollway Authority Transportation Authority, the Georgia Highway Authority, or any similar authority or of any county or municipality to authorize the construction or maintenance of any private road." SECTION 1-3. Said title is further amended in Code Section 32-2-1, relating to the composition of the Department of Transportation, by revising said Code section as follows: "32-2-1. The Department of Transportation shall consist of the State Transportation Board, the commissioner of transportation, the deputy commissioner of transportation, the chief engineer, the treasurer and the assistant treasurer commissioner of transportation, and such subordinate employees as may be deemed necessary by the commissioner. The primary purpose of the department is to provide for maintenance and repairs to the state highway system. Subject to approval of plans and approval or award of funding by the State Transportation Agency or the State Transportation Authority by grant, agreement, or order, the department shall improve, construct, maintain, or repair the state public highway system. Subject to approval of plans and approval or award of funding by the State Transportation Agency or the State Transportation Authority, the department and other state or local entities or political subdivisions may contract for the department to improve, construct, maintain, and repair roads and bridges." SECTION 1-4. Said title is further amended in Code Section 32-2-2, relating to powers and duties of the Department of Transportation, by revising paragraphs (1), (2), (5), (7), and (19) of subsection (a) and subsection (b) as follows: "(1) Subject to approval of the State Transportation Authority, the The department shall plan, designate, may improve, manage, control, construct, and maintain a state highway system and shall have control of and responsibility for all certain construction, maintenance, or any other work upon the state highway system and all other work which may be designated to be done by the department by this title or any other law. However, on those portions of the state highway system lying within the corporate limits of any municipality, the department shall be required to provide only substantial maintenance activities and operations, including but not limited to reconstruction and major resurfacing, reconstruction of bridges, erection and maintenance of official department signs, painting of striping and pavement delineators, furnishing of guardrails and bridge rails, and other major maintenance activities; and, furthermore, the department State Transportation Authority may by contract authorize and require any rapid transit authority created by the General 2666 JOURNAL OF THE SENATE Assembly to plan, design, and construct, at no cost to the department authority and subject to the department's authority's review and approval of design and construction, segments of the state highway system necessary to replace those portions of the system which the rapid transit authority and the department State Transportation Authority agree must be relocated in order to avoid conflicts between the rapid transit authority's facilities and the state highway system; (2) Except for appropriations to authorize the issuance of general obligation debt for public road work, or to pay such debt, the department shall be the state agency to receive and shall have control and supervision of all funds appropriated for public road work by the state and activities incident thereto from the net proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia and any other funds appropriated or provided for by law for such purposes or for performing other functions of the department. If the General Assembly fails to appropriate all of the net proceeds of the motor fuel tax to the department, to the State of Georgia General Obligation Debt Sinking Fund, and to counties for public road work and activities incident thereto, any such unappropriated part of such funds, exclusive of those proceeds required by law to be provided as grants to counties for the construction and maintenance of county roads, shall be made available to the department by the director of the Office of Treasury and Fiscal Services, notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act' Reserved;" "(5) The department, subject to approval of the State Transportation Authority, shall have the authority to negotiate, let, and enter into contracts with the Georgia Highway Authority, the State Road and Tollway Authority Transportation Authority, any person, any state agency, or any county or municipality of the state for the construction or maintenance of any public road or any other mode of transportation or for the benefit of or pertaining to the department or its employees in such manner and subject to such express limitations as may be provided by law;" "(7) The department and the State Road and Tollway Authority shall be the proper agencies of the state to discharge all duties imposed on the state by any act of Congress allotting federal funds to be expended for public road and other transportation purposes in this state. Upon delegation or approval by the State Transportation Agency or the State Transportation Authority, the The department shall have the authority to accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of transportation; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this title is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;" "(19) Code Sections 32-3-1 and 32-6-115 notwithstanding and at the direction of the State Transportation Authority, the department may shall by contract grant to any WEDNESDAY, MARCH 25, 2009 2667 rapid transit authority created by the General Assembly, under such terms and conditions as the department may deem appropriate, the right to occupy or traverse a portion of the right of way of any road on the state highway system by or with its mass transportation facilities. Furthermore, at the direction of the State Transportation Authority, the department may shall by contract lease to the rapid transit authority, under such terms and conditions as the department may deem appropriate, the right to occupy, operate, maintain, or traverse by or with its mass transportation facilities any parking facility constructed by the department. Notwithstanding Code Section 48-2-17, all net revenue derived from the lease shall be utilized by the department to offset the cost of constructing any parking facility. Regardless of any financial expenditures by the rapid transit authority, no right of use or lease granted under this paragraph shall merge into or become a property interest of the rapid transit authority. Upon the transfer of the title of the mass transportation facilities to private ownership or upon the operation of the rapid transportation facilities for the financial gain of private persons, such rights granted by the department shall automatically terminate and all rapid transportation facilities shall be removed from the rights of way of the state highway system. (b) In addition to the powers specifically delegated to it in this title and so long as not inconsistent with any powers granted to, or plans adopted by, the State Transportation Authority, the department shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient operation and development of the department and of the state highway system and of other modes and systems of transportation; and this title shall be liberally construed to that end. Any power vested by law in the department but not implemented by specific provisions for the exercise thereof may be executed and carried out by the department in a reasonable manner pursuant to such rules, regulations, and procedures as the department may adopt and subject to such limitations as may be provided by law." SECTION 1-5. Said title is further amended in Code Section 32-2-3, relating to development of transportation plans, by repealing said Code section and designating it as "Reserved." SECTION 1-6. Said title is further amended in Code Section 32-2-4.1, relating to the Gateway Center, by revising subsection (a) as follows: "(a) Notwithstanding any other provision of law to the contrary, the department may acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County. For purposes of this Code section, the safety rest area and information center shall be known as the 'Gateway Center,' but the State Transportation Board department may name or designate the center in its discretion. In addition to the powers provided in this Code section, cumulatively, the department shall have the same powers with respect to Gateway Center which the department otherwise enjoys with respect to safety rest areas, information centers, and welcome centers. 2668 JOURNAL OF THE SENATE SECTION 1-7. Said title is further amended in Code Section 32-2-5, relating to actions by or against the department, by revising subsection (b) as follows: "(b) All actions brought ex contractu by or against the department shall be brought in a county where any part of the work is to be or has been performed. All other actions by or against the department shall be brought in the county in which the cause of action arose. Service upon the department shall be sufficient by serving a second original process issued from the county where the action is filed upon the commissioner personally or by leaving a copy of the same in the office of the commissioner in the Department of Transportation Building, Atlanta, Georgia." SECTION 1-8. Said title is further amended in Code Section 32-2-6, relating to liability of the department for actions against counties, by revising subsection (a) as follows: "(a) The department shall defend any action and be responsible for all damages awarded therein in any court of this state against any county under existing laws whenever the cause of action accrues on a public road which at the time of accrual had been designated by the department as a part of the state highway system; provided, however, that no action may be brought under this Code section until the construction of the public road on which the injury complained of occurred has been completed and such public road has been officially opened to traffic as provided in subsection (b) of this Code section. When any such action is brought against a county in any court of this state, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action against the county upon the department by providing for service of a second original process, issued from the court where the action is filed, upon the commissioner personally or by leaving a copy of the same in the office of the commissioner in the Department of Transportation Building, Atlanta, Georgia. The service of process in such action upon the county shall not be perfected until such second original process has been served as provided in this Code section. The department shall also have the right and authority to defend, adjust, and settle in the name of such county and on its behalf any claim for damages for which the department ultimately may be liable under this Code section." SECTION 1-9. Said title is further amended in Code Section 32-2-20, relating to composition of board, qualifications of members, terms of office, manner of selection of members, filling of vacancies, officers, meetings, and compensation of members, by repealing subsections (d) through (f), which read as follows: "(d) The board shall, by majority vote of those members present and voting at regular sessions, elect from their number a chairman and vice-chairman who shall serve at the pleasure of the board. In like manner, the board shall also elect a secretary, who need not necessarily be a member of the board, and who shall also serve at the pleasure of the board. WEDNESDAY, MARCH 25, 2009 2669 (e) The board shall meet in regular session at least one day each month, at least nine of which regular sessions are to be held at the headquarters of the Department of Transportation in Atlanta, and at such other special meetings as may be called by the commissioner, by the chairman, or by a majority of the members of the board upon reasonable written notice to all members of the board. Further, the chairman of the board or the commissioner is authorized from time to time to call meetings of committees of the board which are established by board policy; and to require the attendance of a member or members of the board at places inside or outside the state when, in the opinion of the chairman or the commissioner, the member or members of the board are needed to attend properly to the department's business. A majority of the board shall constitute a quorum for the transaction of all business including election or removal of the commissioner. Except as otherwise provided in this title, any power of the board may be exercised by a majority vote of those members present at any meeting at which there is a quorum. (f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the board, not to exceed 60 days in any calendar year. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairperson and signed by the secretary." SECTION 1-10. Said title is further amended in Code Section 32-2-21, relating to the powers and duties of the State Transportation Board, by repealing said Code section. SECTION 1-11. Said title is further amended in Code Section 32-2-40, relating to the selection of the commissioner of transportation and the term of office of the commissioner, by revising subsections (b), (d), and (e) as follows: "(b) The commissioner, his or her successor, and each succeeding commissioner thereafter shall be selected by a vote of the majority of the total number of members of the board. At the time of said vote, the board shall stipulate the term the commissioner shall serve, and said commissioner shall serve during the stipulated term and until his or her successor is selected by the board and duly qualified. The board shall stipulate one of the following to be the term of the commissioner: (1) The commissioner shall serve at the pleasure of the board; or (2) The commissioner shall serve any term specified by the board up to and including a maximum of four years; however, the board shall not specify a term of office that extends beyond the end of the term of the Governor in office at the time the 2670 JOURNAL OF THE SENATE commissioner's term is scheduled to begin." "(d) The commissioner shall qualify, upon selection, by executing a bond in the amount of $100,000.00 with a corporate surety licensed to do business in this state and payable to the Governor and his or her successors in office, such bond to be approved by the Governor and conditioned on the faithful discharge of his or her duties as commissioner. The premium of such bond shall be paid from funds of the department. (e) The commissioner shall devote full time and attention to the duties and responsibilities of his or her office. No person who serves as commissioner shall be eligible, except as hereinafter provided in this subsection, to qualify as a candidate in any primary, special, or general election for any state or federal elective office nor to hold any such office, except as hereinafter provided in this subsection, during the time he or she serves as commissioner and for a period of 12 months after the date he or she ceases to serve as commissioner. However, nothing contained in this subsection shall prevent the commissioner from being appointed to any other office nor disqualify him or her from running in any election to succeed himself or herself in any office to which he or she was appointed nor to hold such office in the event he or she is elected thereto and otherwise qualified therefor; provided, however, that the commissioner shall resign as commissioner of transportation before accepting any such appointive office." SECTION 1-12. Said title is further amended in Code Section 32-2-41, relating to the powers, duties, and authority of the commissioner of transportation, by revising subsection (a) and adding a new subsection as follows: "(a) As the chief executive officer of the department, the commissioner shall have direct and full control of the department. He and shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the department by law, except those duties, powers, and authority which are expressly reserved by law to the board. When the board is not in regular or called session, the commissioner shall perform, exercise, and possess all duties, powers, and authority of the board except: (1) Approval of the advertising of nonnegotiated construction contracts; (2) Approval of authority lease agreements; (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner; the chief engineer; and the treasurer and the assistant treasurer of the department; and (4) Approval of long-range plans and programs of the department. The commissioner shall also have such as the authority to exercise the power of eminent domain and to execute all contracts, and authority lease agreements, and all other functions except those that cannot legally be delegated to him by the board." "(c) The commissioner shall perform any transportation duties and implement any transportation projects or plans delegated or assigned to the commissioner by the secretary of transportation." SECTION 1-13. Said title is further amended in Code Section 32-2-41.1, relating to development of a WEDNESDAY, MARCH 25, 2009 2671 State-wide Strategic Transportation Plan, by repealing said Code section and designating it as "Reserved." SECTION 1-14. Said title is further amended in Code Section 32-2-41.2, relating to benchmarks and value engineering studies to be developed by the commissioner of transportation, by revising subsections (b) and (d) as follows: "(b) The commissioner shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees, and the secretary of transportation 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." "(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, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees, and the secretary of transportation detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department." SECTION 1-15. Said title is further amended in Code Section 32-2-42, relating to the appointment of a deputy commissioner of transportation, chief engineer, treasurer, and assistant treasurer, by revising said Code section as follows: "32-2-42. (a) The commissioner shall appoint a deputy commissioner of transportation, whose appointment shall be subject to the approval of the board, to serve at the pleasure of the commissioner. Before assuming the duties of his or her office, the deputy commissioner shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office, including any duties of the office of the commissioner which the deputy commissioner may be required to perform as acting commissioner. The premium for the bond shall be paid out of the funds of the department. The deputy commissioner shall be the assistant commissioner and shall be empowered to act in his or her own name for the commissioner. The deputy commissioner may exercise to the extent permitted by law only such powers and duties of the commissioner as have been previously assigned to him or her in writing by the commissioner. In the event of the commissioner's temporary incapacity which causes his or her absence from the offices of the Department of Transportation Building in Atlanta, Georgia, for 30 consecutive 2672 JOURNAL OF THE SENATE days, the deputy commissioner shall assume all the powers and duties of the commissioner, to be exercised until such time as the commissioner's temporary absence or incapacity shall cease. In the event of the commissioner's permanent incapacity, the deputy commissioner shall become acting commissioner, as provided in subsection (c) of Code Section 32-2-40. (b) The commissioner shall appoint a chief engineer, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his or her appointment, to serve at the pleasure of the commissioner. The chief engineer shall be the chief engineer of the department and shall be a professional engineer registered in accordance with Chapter 15 of Title 43 and who shall be experienced in highway engineering. (c) The commissioner shall appoint a treasurer of the department, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his appointment, to serve at the pleasure of the board commissioner. Before assuming the duties of his or her office, the treasurer shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. The duties of the treasurer shall be to receive all funds from all sources to which the department is entitled, to account for all funds received by the department, and to perform such other duties as may be required of him or her by the commissioner. The commissioner shall have the authority to appoint an assistant treasurer in the same manner and under the same conditions as set forth in this subsection for the appointment of the treasurer, including the qualifying in advance by giving bond of the same type, amount, and paid for in the same manner as required of the treasurer. The assistant treasurer shall assume the duties of office of treasurer upon the incapacity or death of the treasurer and shall serve until a new treasurer is appointed as provided in this subsection. (d) Any provision of this title or of any other statute or of any rule or regulation to the contrary notwithstanding, the commissioner or the deputy commissioner may, in addition to serving as commissioner or deputy commissioner, also simultaneously serve as chief engineer, provided that he or she shall be appointed and confirmed and shall possess the qualifications as prescribed in subsection (b) of this Code section. A commissioner or deputy commissioner simultaneously serving as chief engineer shall be paid for the discharge of all his or her duties the sum to which he or she is entitled as commissioner or deputy commissioner." SECTION 1-16. Said title is further amended in Code Section 32-2-60, relating to the authority of the department to contract and the form and content of construction contracts, by revising subsection (a) and paragraph (1) of subsection (e) as follows: "(a) The department, subject to the specific approval of any contract by the State WEDNESDAY, MARCH 25, 2009 2673 Transportation Authority, shall have the authority to contract as set forth in this article and in Code Section 32-2-2. All department construction contracts shall be in writing. Any contract entered into by the department for the construction of a public road shall include, as a cost of the project, provisions for sowing vegetation, if appropriate, on all banks, fills, cuts, ditches, and other places where soil erosion is likely to result from the necessary incidents to road work along the right of way of the road project." "(e)(1) When the estimated amount of any department construction contract exceeds $300 million, performance and payment bonds shall be required in the amount of at least the total amount payable by the terms of the contract unless the department, after public notice and a public meeting, makes a written determination supported by specific findings that single bonds in such amount are not reasonably available, and the board approves such determination in a public meeting. In such event, the estimated value of the construction portion of the contract, excluding right of way acquisition and engineering, shall be guaranteed by a combination of security including, but not limited to, the following: (A) Payment, performance, surety, cosurety, or excess layer surety bonds; (B) Letters of credit; (C) Guarantees of the contractor or its parent companies; (D) Obligations of the United States and of its agencies and instrumentalities; or (E) Cash collateral; provided, however, that the aggregate total guarantee of the project may not use a corporate guarantee of more than 35 percent. The combination of such guarantees shall be determined at the discretion of the department, subject to the approval of the board; provided, however, that such aggregate guarantees shall include not less than $300 million of performance and payment bonds and shall equal not less than 100 percent of the contractor's obligation under the construction portion of the contract." SECTION 1-17. Said title is further amended in Code Section 32-2-61, relating to limitations on the power to contract by the Department of Transportation, by revising subsection (b) and paragraph (1) of subsection (d) as follows: "(b)(1) The board department shall not enter into any lease contract if: (A) The aggregates of all lease rentals from that and all other such lease contracts including the contract or contracts proposed to be entered into exceed $19,900,000.00 per annum or 15 percent of the funds appropriated to the department in the fiscal year immediately preceding entering into any such lease rental contract, whichever is greater; or (B) Such lease contract constitutes security for bonds or other obligations issued by the lessor. (2) The execution of any lease contract is prohibited until the General Assembly has specifically provided funds in an appropriations Act for the payment of at least one year's rental under such contract. (3) The execution of any lease contract is prohibited until the State Transportation 2674 JOURNAL OF THE SENATE Authority has specifically approved the execution of the lease contract." "(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $100,000.00 or more except any contract: (A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $100,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; or (E) With the State Road and Tollway Transportation Authority; or. (F) Through the provisions of a design-build contract as provided for in Code Section 32-2-81." SECTION 1-18. Said title is further amended in Code Section 32-2-62, relating to the approval of advertising of nonnegotiated construction contracts by the State Transportation Board, by revising said Code section as follows: "32-2-62. The advertising of all nonnegotiated department construction contracts shall have the prior approval of the board commissioner. When the board is not in session, the The commissioner may also approve negotiated construction contracts. In determining public roads most in need of work and also the type, class, width, location, and order of priority of each project, the board shall take into consideration such factors as the use of the public road in question; the present need and anticipated development of the area traversed by it; whether or not it is a school bus or mail route; and its use for agricultural or industrial purposes. The board shall also take into consideration the information disclosed by the records required by Code Section 32-4-2 to be maintained by the department." SECTION 1-19. Said title is further amended in Code Section 32-2-63, relating to the authority of the WEDNESDAY, MARCH 25, 2009 2675 commissioner of transportation to execute contracts and lease agreements, by revising said Code section as follows: "32-2-63. The commissioner shall have full authority to execute contracts and authority lease agreements on behalf of the department whenever such contracts or agreements have been approved in accordance with this title and approved by the State Transportation Authority." SECTION 1-20. Said title is further amended in Code Section 32-2-69, relating to awarding of contracts by the Department of Transportation to the lowest reliable bidder, by revising subsection (a) as follows: "(a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the The department shall award the contract to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project." SECTION 1-21. Said title is further amended in Code Section 32-2-74, relating to the effect of federal laws and securing the benefits of federal-aid programs, by revising subsection (b) as follows: "(b) Upon the approval of the State Transportation Authority, the The department is authorized to take the necessary steps to secure the full benefit of the federal-aid program and to meet any contingencies not provided for in Code Sections 32-2-60 through 32-2-73, abiding at all times by a fundamental purpose to plan, survey, construct, reconstruct, maintain, improve, and pave as economically as possible those public roads of Georgia which, under the terms of Code Sections 32-2-60 through 32-273, are most in need of such construction or work in such a manner as will best promote the interest, welfare, and progress of the citizens of Georgia." SECTION 1-22. Said title is further amended in Code Section 32-2-75, relating to contract clauses for the retainage of certain amounts, by revising subsection (a) as follows: "(a) As used in this Code section and Code Sections 32-2-76 and 32-2-77, the term: (1) 'Engineer' means the chief engineer or the engineer designated by the Georgia Highway Authority or the State Road and Tollway Transportation Authority. (2) 'Escrow account' means the certificates of deposit issued by a state or national bank in Georgia and any uninvested cash held in escrow. (3) 'State' means the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Transportation Authority. (4) 'Treasurer' means the treasurer of the Department of Transportation, the treasurer of the Georgia Highway Authority, or the treasurer of the State Road and Tollway Transportation Authority." 2676 JOURNAL OF THE SENATE SECTION 1-22.1. Said title is further amended in Code Section 32-2-78, relating to definitions regarding public-private initiatives, by designating the existing text as subsection (a) and by adding a new subsection to read as follows: "(b) Subject to oversight by the State Transportation Authority, the provisions of this Code section shall apply to any public-private initiative project that was being negotiated by the department as of July 1, 2009. The provisions of Code Section 3212-31 shall apply to all public-private initiative projects initiated on or after July 1, 2009." SECTION 1-22.2. Said title is further amended in Code Section 32-2-79, relating to the requirements for solicited or unsolicited public-private initiatives, by adding a new subsection to read as follows: "(q) Subject to oversight by the State Transportation Authority, the provisions of this Code section shall apply to any public-private initiative project that was being negotiated by the department as of July 1, 2009. The provisions of Code Section 3212-31 shall apply to all public-private initiative projects initiated on or after July 1, 2009." SECTION 1-22.3. Said title is further amended in Code Section 32-2-80, relating the authority to contract with the proposer of a public-private initiative, by adding a new subsection to read as follows: "(d) Subject to oversight by the State Transportation Authority, the provisions of this Code section shall apply to any public-private initiative project that was being negotiated by the department as of July 1, 2009. The provisions of Code Section 3212-31 shall apply to all public-private initiative projects initiated on or after July 1, 2009." SECTION 1-22.4. Said title is further amended in Code Section 32-2-81, relating to procedures for using the design-build procedure by the Department of Transportation, by adding a new subsection to read as follows: "(h) Subject to oversight by the State Transportation Authority, the provisions of this Code section shall apply to any design-build project that was being negotiated by the department as of July 1, 2009. The provisions of Code Section 32-12-31 shall apply to all design-build projects initiated on or after July 1, 2009." SECTION 1-23. Said title is further amended in Code Section 32-4-1, relating to the classification of public roads, by revising paragraph (1) as follows: "(1) State highway system. The state highway system shall consist of those public WEDNESDAY, MARCH 25, 2009 2677 roads which on July 1, 1973, are shown by the records of the department to be 'stateaid roads,' those public roads thereafter designated by the department, as directed by the State Transportation Authority, as part of the state highway system, and all of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state;" SECTION 1-24. Said title is further amended in Code Section 32-4-2, relating to the preparation of an official map by the Department of Transportation, by revising subparagraph (a)(2)(A) and subsections (b), (c), (d), and (e) as follows: "(2)(A) The department shall prepare an official list of all portions or features of the state highway system, including without limitation public roads, bridges, or interchanges, which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board. The department shall update the list to reflect any additions or changes as soon as is reasonably possible; and such list, as periodically revised, shall be open for public inspection. For each such named portion or feature of the state highway system, the list shall specify without limitation the official name; the state highway system route number; the name of each county and the number of each five-digit postal ZIP Code area wherein the named portion or feature is located; a citation to the Act or resolution of the General Assembly or the resolution of the State Transportation Board officially naming such portion or feature; and a brief biographical, historical, or other relevant description of the person, place, event, or thing commemorated by such naming." "(b) In accordance with procedures prescribed by the State Transportation Authority, the The department shall keep written records of the mileage on all public roads on the state highway system and on all public roads on each of the county road systems. These written records shall be revised in accordance with procedures prescribed by the State Transportation Authority as soon as is reasonably possible after any changes to the above public road systems. They shall indicate whether roads are paved or unpaved and shall contain information as to the condition, status, type, and use of all such public roads and such other information as deemed necessary for sound, long-range planning of public road construction and maintenance. These records shall be made available to each county and to the public. (c) The department State Transportation Authority may provide reasonable rules and regulations, or may require the department to do so, for keeping accurate and up-todate, between official measurements, the mileage record called for in this Code section. Each county shall comply with such rules and regulations. (d) Not more often than every four years, a county may request an official measurement of its county road system under the rules and regulations of the department; and the department shall comply with such a request if properly made in accordance with procedures prescribed by the State Transportation Authority. Whenever a mileage measurement is to be made in any county, whether in response to a request or in the regular course of measurement for the records of the department, the county shall furnish a representative to accompany the representatives of the 2678 JOURNAL OF THE SENATE department in its measurement. In case of disagreement between the department representative and the county representative as to their findings, the matter shall be referred to the commissioner secretary of transportation, whose decision as to the facts thereof shall be final and conclusive. The distribution of the county grants based on public road mileage of the county road system shall be made on the basis of the latest official mileage record for each county as shown by department records at the end of the preceding fiscal year. (e) The official record of the state highway system shall consist of an official map, as provided for in subsection (a) of this Code section, and a written record, as provided for in subsection (b) of this Code section, the written record to have priority in case of conflict between the two. Resolutions of the board designating a road as part of the state highway system, as provided for in Code Section 32-4-21, and certifications Certifications of abandonment, as provided for in subsection (a) of Code Section 32-72, shall serve as the official record until such changes are recorded on the official map and in the written record." SECTION 1-25. Said title is further amended in Code Section 32-4-21, relating to the designation of roads as part of the state highway system, by revising said Code section as follows: "32-4-21. The State Transportation Authority may designate a new or existing public road as part of the state highway system. Whenever the board, or the commissioner when the board is not in session, deems it necessary and in the public interest to have a new or existing public road designated as part of the state highway system, whether as additional mileage or as part of a substitution or relocation, the board, by resolution, or the commissioner, by written notice to the board in consultation with and upon the approval of the State Transportation Authority, may designate such road to be a part of the state highway system. If the road proposed to be designated is a part of either a county road system or a municipal street system, the department commissioner shall give written notice to the county or municipality of the effective date that such road shall become part of the state highway system. Any change on the state highway system by designation shall be recorded on the official map and in the written records of the state highway system, as provided for in subsections (a) and (b) of Code Section 32-4-2." SECTION 1-26. Said title is further amended in Code Section 32-4-22, relating to the creation of the Developmental Highway System, by revising subsections (b) and (c) as follows: "(b) The location and mileage of the Developmental Highway System shall be as generally described in subsection (a) of this Code section, with the power of the State Transportation Board department to make such variances therein as shall be dictated by sound engineering and construction practices. (c) The Developmental Highway System shall be under the control and supervision of the board department, subject to the provisions of this Code section or any other Act of WEDNESDAY, MARCH 25, 2009 2679 the General Assembly; provided, however, that the State Road and Tollway Transportation Authority is authorized to construct all or any part of such system and to enter into agreements with the department or other entities, pursuant to Code Section 32-2-61, for such purpose. Any project the cost of which is paid from the proceeds of garvee bonds as defined in Code Section 32-10-90.1 shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation." SECTION 1-27. Said title is further amended in Code Section 32-4-24, relating to the designation of alternative tourism routes on the state highway system, by revising said Code section as follows: "32-4-24. (a) The board department, subject to approval by the State Transportation Authority, shall designate as alternative tourism routes roads that are a part of the state highway system that traverse the state and pass through or in close proximity to historic sites or tourist attractions in the state. Interstate highways that traverse the state shall not be eligible for designation as an alternative tourism route. The initial alternative tourism routes shall be U.S. Highway 27 and U.S. Highway 441. (b) The board department shall consult with the Department of Economic Development, county governing authorities, and historical sites and tourist attractions located in this state in the selection of additional alternative tourism routes. The Department of Economic Development shall promote such routes and sites and attractions along such routes to the motoring public. (c) Subject to the appropriation process, the department may within five years of the designation of an alternative tourism route construct within 20 miles of the state line on each end of such route a welcome center. Subject to the appropriation process, if the department decides to construct such a center, it shall negotiate and contract with the local governing authorities where the welcome center is located for the maintenance and operation of such center." SECTION 1-28. Said title is further amended in Code Section 32-5-1, relating to receipt of federal-aid funds by the state, by revising said Code section as follows: "32-5-1. (a) The director of the Office of Treasury and Fiscal Services is designated a the proper fiscal authority and custodian to receive any of the all federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to or otherwise available for the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government and except as such funds may be directed by the federal government to the State Road and Tollway Transportation Authority or its designee, in the authority's own right or as 2680 JOURNAL OF THE SENATE successor to the State Road and Tollway Authority. (b) If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the Georgia Department of Transportation State Transportation Authority is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the department authority to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes." SECTION 1-29. Said title is further amended in Code Section 32-5-2, relating to appropriation of funds to the Department of Transportation, by revising said Code section as follows: "32-5-2. (a) All federal funds received by the director of the Office of Treasury and Fiscal Services under Code Section 32-5-1 are continually appropriated to the department constitute the Federal Public Transportation Fund. Unless otherwise required by federal law, the State Transportation Authority shall be the state entity authorized to apply for and dispose of, or direct the disposition of, the Federal Public Transportation Fund. The authority may grant, award, pay, disburse, and supervise moneys from the Federal Public Transportation Fund for the purpose purposes specified in the grants of such funds; provided, however, except as such funds may be directed by the federal government to the State Road and Tollway Authority, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department State Transportation Authority or with the authority's approval. (b) The State Transportation Agency, in making state public transportation funds available to the authority or according to the authority's guidance, shall condition the use of such funds on compliance with the terms of the appropriation by the General Assembly." SECTION 1-30. Said title is further amended in Code Section 32-5-20, relating to the State Public Transportation Fund, by revising said Code section as follows: "32-5-20. (a)(1) As used in this article chapter, the term 'State Public Transportation Fund' 'motor fuel funds' means that money the expenditures of which are controlled and supervised by the department by virtue of paragraph (2) of subsection (a) of Code Section 32-2-2 the amount equal to the net amount derived from motor fuel taxes in each of the immediately preceding fiscal years appropriated for each fiscal year by Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia for all WEDNESDAY, MARCH 25, 2009 2681 activities incident to providing and maintaining an adequate system of public roads and bridges in this state and for grants to counties for road construction and maintenance, as provided by law, and any other funds appropriated or provided for by law for such purposes except the Federal Public Transportation Fund. The State Public Transportation Fund includes all motor fuel funds except when, consistent with the purpose of motor fuel funds: (1) motor fuel funds are appropriated for the obligation imposed by the second paragraph of Paragraph I(a) of Section VI of Article IX of the Constitution of 1976; (2) motor fuel funds are appropriated for authorization or payment of general obligation debt for purposes consistent with the purpose of motor fuel funds; and (3) motor fuel funds are appropriated for guaranteed revenue debt. (2) If the amount of motor fuel funds appropriated by the Constitution for a fiscal year as finally calculated differs from the total appropriation of motor fuel funds by the General Assembly for that fiscal year, the difference, whether an increase or a decrease, shall be spread among the appropriations from the State Public Transportation Fund pro rata. Any increase in appropriations shall be made available to the State Transportation Agency by the director of the Office of Treasury and Fiscal Services, notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' (b) The State Transportation Agency in accordance with applicable law and appropriations shall control, grant, award, disburse and supervise the State Public Transportation Fund. (c) Before the beginning of each fiscal year, the authority, the agency, the department, and the Office of Planning and Budget shall cooperate in establishing a budget for the department and making arrangements for its receipt of funds." SECTION 1-31. Said title is further amended in Code Section 32-5-21, relating to priority of expenditures from the State Public Transportation Fund, by revising said Code section as follows: "32-5-21. (a) The department shall apply motor fuel funds appropriated to it as required by law for the following purposes: Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the following order: (1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia; and (2) To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of guaranteed revenue debt for public road projects initiated pursuant to Code Section 32-10-67, upon its issuance, when the guarantee of the specific issue has been authorized by an appropriation of moneys governed by Article III, Section IX, Paragraph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph III(b) of the 2682 JOURNAL OF THE SENATE Constitution;. (3) To pay the costs of operating the department and for any emergencies or unusual situations; (b) The department shall apply the funds of the State Public Transportation Fund and the Federal Public Transportation Fund disbursed, awarded, or otherwise made available to it in the following order: (4)(1) To pay the costs necessary to comply with the conditions of any federal-aid apportionments to the state department for the planning, surveying, constructing, paving, and improving of the public roads in Georgia; and (5) Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows: (A) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and (C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and (6)(2) After the requirements set out in the foregoing provisions of this Code section have been met, the remainder of the moneys allocated from the State Public Transportation Fund to shall be expended to pay the costs of maintaining, improving, constructing, and reconstructing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces and to pay the costs of operating the department and for any emergencies or unusual situations, the existence of which is concurred in by the secretary of transportation." SECTION 1-32. Said title is further amended in Code Section 32-5-22, relating to expenditures from the State Public Transportation Fund, by revising said Code section as follows: "32-5-22. Expenditures from the The State Public Transportation Fund Agency, with the approval of the State Transportation Authority, may be made, authorize expenditures from the State Public Transportation Fund under such conditions as the department agency may provide, for streets, driveways, and parking areas located upon the property of and serving: (1) Public schools; (2) Colleges of the university system; (3) State agencies and governments of political subdivisions; and (4) Hospitals constructed with the assistance of financial grants from the federal government, authorized by Title 42, Chapter 6A, Subchapter IV, United States Code, as amended." WEDNESDAY, MARCH 25, 2009 2683 SECTION 1-33. Said title is further amended in Code Section 32-5-25, relating to use of funds from the State Public Transportation Fund in regard to acquisition of rights of way, by revising said Code section as follows: "32-5-25. Whenever property is acquired under subsection (e) of Code Section 32-3-3, all expenses of the acquisition thereof, including the purchase price and all direct and consequential damages awarded in any proceeding brought to condemn any such right of way, shall be paid by the county in which such right of way or portion thereof is situated. When such right of way or portion thereof lies within the limits of a municipality, acquisition expenses shall be paid by such municipality unless the county concerned agrees to procure such right of way on behalf of the municipality. However, nothing contained in this Code section shall prevent the department from using the moneys made available to it from the State Public Transportation Fund or Federal Public Transportation Fund to acquire such right of way, to pay any damage awarded on account of the location of any road that is a part of the state highway system, or to assist a county or municipality in so doing. Furthermore, nothing in this Code section shall be construed to authorize an expenditure from the moneys allocated from the State Public Transportation Fund or Federal Public Transportation Fund for the procurement of a right of way for a road to be constructed on a county road system or municipal street system except as otherwise provided by law or by agreement between the federal government and the department subject to approval by the State Transportation Agency or the State Transportation Authority." SECTION 1-34. Said title is further amended in Article 3 of Chapter 5, relating to the allocation of state and federal funds for public roads, by repealing said article. SECTION 1-35. Said title is further amended in Code Section 32-6-70, relating to state policy regarding outdoor advertising signs, by revising subsection (b) as follows: "(b) The General Assembly further declares it to be the policy of this state to avert substantial economic hardship by the retention, in specific areas defined by the board department, upon request made by the Department of Transportation and approved by the United States Secretary of Transportation, of directional signs, displays, and devices which were lawfully erected under state law in force at the time of their erection, which were in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73, where it can be demonstrated that such signs, displays, and devices (1) provide directional information about goods and services in the specific interest of the traveling public and (2) are such that removal would work a substantial economic hardship in such defined area." 2684 JOURNAL OF THE SENATE SECTION 1-36. Said title is further amended in Code Section 32-6-71, relating to definitions pertaining to outdoor advertising signs, by revising paragraphs (1) and (29) as follows: "(1) 'Defined area' means any area or areas within the state defined by the board department, upon request made by the State Department of Transportation and approved by the United States Secretary of Transportation, to be an area where the removal of directional signs, displays, and devices which were lawfully erected under state law in force at the time of their erection, which were in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73 would deprive the traveling public of directional information about goods and services in the specific interest of the traveling public and would work a substantial economic hardship in such defined area or areas." "(29) 'Zoned commercial or industrial areas' means those areas which are zoned for industrial or commercial activities pursuant to state or local zoning laws or ordinances as part of a comprehensive zoning plan. Strip zoning shall not be considered as a bona fide comprehensive zoning plan. Comprehensive zoning plans for the purposes of outdoor advertising only shall be approved by the board department when an application for a permit has been made." SECTION 1-37. Said title is further amended in Code Section 32-6-75.2, relating to dedication of funds to the Roadside Enhancement and Beautification Fund, by revising said Code section as follows: "32-6-75.2. There is established a special fund to be known as the 'Roadside Enhancement and Beautification Fund.' This fund shall consist of all moneys collected under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues derived from the sale of any special and distinctive wildflower motor vehicle license plates issued pursuant to Code Section 40-2-49.2, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 326-75.3 and manufacturing fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. In addition to the foregoing, the department may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under Code Section 40-2-49.2, and develop any fund raising or other promotional techniques deemed appropriate by the department. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would WEDNESDAY, MARCH 25, 2009 2685 otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board, the Senate Transportation Committee, the Transportation Committee of the House of Representatives, and to members of the public on request." SECTION 1-38. Said title is further amended in Code Section 32-6-76, relating to restrictions on directional signs, by revising paragraph (11) as follows: "(11) Advertises privately owned activities or attractions other than natural phenomena, scenic attractions, historic, educational, cultural, scientific, and religious sites, agricultural tourist attractions designated by the Department of Agriculture, and outdoor recreational areas and which are nationally or regionally known and are of outstanding interest to the traveling public, as determined by the State Transportation Board commissioner." SECTION 1-39. Said title is further amended in Code Section 32-6-88, relating to the designation of defined areas, by revising said Code section as follows: "32-6-88. Upon written request made by any county, city, corporation, partnership, association, person, or persons, the board department is authorized to consider and to designate a specific area or areas as a defined area or areas, upon a showing having been made that the area in question contains directional signs, displays, or devices which were lawfully erected under state law in force at the time of erection and in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (6) of Code Section 32-6-72 and paragraphs (1) through (4) of Code Section 32-6-73, and upon a further showing that such directional signs, displays, and devices provide directional information about goods and services in the specific interest of the traveling public and that their removal would work a substantial economic hardship in such defined area or areas." SECTION 1-40. Said title is further amended in Code Section 32-6-89, relating to directional signs in defined areas, by revising said Code section as follows: "32-6-89. Upon designation made by the board department of an area or areas as a defined area or areas for purposes of requesting the approval of the United States Secretary of Transportation for the retention of directional signs, displays, and devices in the specific interest of the traveling public, the Georgia Department of Transportation department is authorized to request the approval of the United States Secretary of Transportation." 2686 JOURNAL OF THE SENATE SECTION 1-41. Said title is further amended in Code Section 32-8-2, relating to last resort replacement housing for displaced persons, by revising said Code section as follows: "32-8-2. The department shall have the authority, as a last resort, to provide replacement housing when a federal-aid project financed in whole or in part with federal aid cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the department, with prior concurrence of the board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of providing replacement housing. The department may exchange, lease, or sell to the displaced person such replacement housing. Whenever any real property has been acquired under this Code section and thereafter the department determines that all or any part of such property or any interest therein is no longer needed for such purposes because of changed conditions, the department is authorized to dispose of such property or interest therein in accordance with subsection (b) of Code Section 32-7-4." SECTION 1-42. Said title is further amended in Code Section 32-8-4, relating to payment of expenses of persons displaced by projects on the state highway system, by revising said Code section as follows: "32-8-4. The department is authorized to make or approve payments for all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses as provided for in subparagraphs (a)(2)(A), (a)(2)(B), and (a)(2)(C) of Code Section 32-8-1 of any individual, family, business, farm operation, or nonprofit organization displaced by a state-aid highway project on the state highway system, the cost of which is now or hereafter financed in whole or in part from state funds. The department shall be guided by the policies, provisions, and limitations of the Uniform Act. The department shall not implement any relocation assistance on any state-aid projects on the state highway system without the prior concurrence of the board." SECTION 1-43. Said title is further amended in Code Section 32-8-5, relating to last resort replacement housing for persons displaced by projects on the state highway system, by revising said Code section as follows: "32-8-5. The department shall have the authority, as a last resort, to provide replacement housing when a state-aid project on the state highway system cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the department, with prior concurrence WEDNESDAY, MARCH 25, 2009 2687 of the board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of relocating or constructing replacement housing. The department may exchange, lease, or sell to the displaced person such replacement housing. Whenever any real property has been acquired under this Code section and thereafter the department determines that all or any part of said property or any interest therein is no longer needed for such purposes because of changed conditions, the department is authorized to dispose of such property or interest therein in accordance with subsection (b) of Code Section 32-7-4." SECTION 1-44. Said title is further amended in Code Section 32-9-1, relating to financial support and project grants for mass transportation, by repealing said Code section and designating it as "Reserved." SECTION 1-45. Said title is further amended in Code Section 32-9-2, relating to operation of mass transit facilities or systems by the Department of Transportation, by repealing said Code section and designating it as "Reserved." SECTION 1-46. Said title is further amended in Code Section 32-9-4, relating to designation of travel lanes by the Department of Transportation, by repealing said Code section and designating it as "Reserved." SECTION 1-47. Said title is further amended in Code Section 32-9-4.1, relating to the designation of FlexAuto lanes, by repealing said Code section. SECTION 1-48. Said title is further amended in Code Section 32-9-5, relating to ride-share programs, by repealing said Code section and designating it as "Reserved." SECTION 1-49. Said title is further amended in Code Section 32-9-6, relating to financial assistance for rail service, by repealing said Code section and designating it as "Reserved." SECTION 1-50. Said title is further amended in Code Section 32-9-10, relating to the implementation of the federal Intermodal Surface Transportation Efficiency Act of 1991, by repealing said Code section. SECTION 1-51. Said title is further amended in Code Section 32-9-11, relating to transit services with local governments, by repealing said Code section. 2688 JOURNAL OF THE SENATE SECTION 1-52. Said title is further amended in Code Section 32-9-12, relating to a pilot program for funding streetcar projects, by repealing said Code section. SECTION 1-53. Said title is further amended in Code Section 32-10-1, relating to a definitions relative to the Georgia Highway Authority, by revising paragraph (3) and subparagraphs (C), (D), and (E) of paragraph (10) as follows: "(3) 'Board' means the State Transportation Board or the commissioner of transportation acting as the chief executive officer of the Department of Transportation; and, whenever any action is required to be taken, any power is permitted to be exercised, any approval is to be granted, or any contract is to be executed by the State Transportation Board, pursuant to any provision of this article, the same may be taken, exercised, granted, or executed by the commissioner to the extent permitted by law Reserved." "(C) A continuous length or stretch of urban road, including bridges thereon, as to which the authority has undertaken or agreed to undertake any action permitted by the terms of this article or as to which any such action has been completed by the authority; and (D) One or more bridges, as defined in paragraph (5) of this Code section, together with the approaches thereto, as defined in paragraph (1) of this Code section; and (E) A project undertaken pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78." SECTION 1-54. Said title is further amended in Code Section 32-10-5, relating to conveyance of property to the Georgia Highway Authority, by revising subsections (a) and (c) as follows: "(a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time, or may be used upon completion of any action committed to the authority by this article, as a state road, a county road, or an urban road. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration." "(c) The board or its successors and the department are is empowered to acquire, in any manner now permitted to them it by law, and to expend funds available to them it for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as above-provided to the authority." SECTION 1-55. Said title is further amended in Code Section 32-10-8, relating to initiation and selection WEDNESDAY, MARCH 25, 2009 2689 of projects by the Georgia Highway Authority, by revising said Code section as follows: "32-10-8. (a) Action by the authority with respect to any project or combination of projects shall be initiated as follows: The board department, after investigation, shall by resolution recommend the undertaking to the authority with respect to a specific project or a group of projects of any action permitted by this article and deemed by the board department to be desirable, in the public interest, and consistent with the purposes provided in subsection (b) of this Code section. The authority shall consider such request and may by resolution provide for undertaking and financing of all or any part of such recommended actions but it shall be under no duty to undertake or finance any of them. (b) The board department is authorized to make and to expend any funds available to it for the purpose of making surveys, studies, and estimates in connection with formulating its recommendations to the authority; and it is further authorized to prepare, furnish, and expend its funds for the purpose of preparing all necessary plans and specifications and furnishing all engineering skill and supervision for any project or projects with respect to which the authority has undertaken or contemplates undertaking any action permitted by this article. The department shall keep an accurate record of such expenses which, if not reimbursed or paid for by the authority as permitted in subsection (d) of this Code section, shall be deemed proper and legitimate expenses of the board and department. (c) The surveys, plans, and specifications for any action taken by the authority with respect to any project shall be prepared by the department, and the engineering and construction supervision shall be performed by the department unless the board department specifically authorizes the authority to do so with its own employees and agents. In any event, all such plans and specifications shall be approved by the chief engineer before work is entered upon pursuant to this subsection. (d) The authority may contract to reimburse the department for surveys, studies, estimates, plans, specifications, furnishing engineering skill and supervision, and for any other services permitted by this article from the proceeds of any issue of revenue bonds secured by the rentals of the project or group of projects with respect to which the services were rendered; and the same shall be considered as part of the cost of the project. (e) In selecting projects pursuant to this Code section, the board department shall locate urban road projects according to a formula which will allocate to each urban incorporated municipality or urban county, as the case may be, a project or projects estimated to cost an amount approximately equal to the percentage of $100 million which 110 percent of the population of such urban incorporated municipality or which 100 percent of the population of such urban county, as the case may be, bears to the sum of the total population of all urban counties plus 110 percent of the total population of all urban incorporated municipalities except those in urban counties. As used in this subsection, the term 'population' means the population figures according to the most recent official United States census. If any urban incorporated municipality or urban county fails to qualify for one or more of its projects, the board department shall have 2690 JOURNAL OF THE SENATE full authority to substitute other projects; but such substituted project shall count in the formula allocation and the urban incorporated municipality or urban county which failed to qualify shall have a cumulative credit for the amount of such forfeited project." SECTION 1-56. Said title is further amended in Code Section 32-10-10, relating to payment of rentals by lessees and enforcement of covenants and obligations, by revising subsection (a) as follows: "(a) The rentals contracted to be paid by lessees to the authority under leases entered upon pursuant to this article shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the Governor and the board department to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this article, the authority may enforce performance by any legal or equitable process against lessees; and consent is given for the institution of any such action." SECTION 1-57. Said title is further amended in Code Section 32-10-13, relating to composition of the authority's fund and purposes for which it may be utilized, by revising paragraph (3) as follows: "(3) The construction of any project requested by the board department, the cost of which may amount to a sum less than the accumulated balance of such fund;" SECTION 1-58. Said title is further amended in Code Section 32-10-43, relating to rights and remedies of holders of bonds and coupons, by revising said Code section as follows: "32-10-43. Any holder of bonds or interest coupons issued under this article, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights given in this Code section 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 action, mandamus, or other proceedings protect and enforce any and all rights under the laws of Georgia or granted in this Code section or under such resolution or trust indenture. Also, any holder of bonds or interest coupons issued under this article, any receiver for such holders, or any indentured trustee may enforce and compel performance of all duties required by this article or by resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects; and, in the event of default of the authority upon the principal and interest obligations of any bond issue, the individual, receiver, or trustee specified in this Code section shall be subrogated to each and every right, WEDNESDAY, MARCH 25, 2009 2691 specifically including the contract rights of collecting rentals, which the authority may possess against the board and the department or either of them or their respective its successors; and, in the pursuit of their its remedies as subrogee, such individual, receiver, or trustee may proceed, either at law or in equity, by action, mandamus, or other proceedings to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon or to enforce the payment thereof against any property of the state; nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state. However, any provision of this article or any other law to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings, including without being limited to mandamus, to enforce compliance by the appropriate public officials with Article VII, Section IV and Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia; and permission is given for the institution of any such proceedings to compel the payment of lease obligations." SECTION 1-59. Said title is further amended in Code Section 32-10-46, relating to protection of the interests and rights of bondholders, by revising said Code section as follows: "32-10-46. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; nor will the state itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance by its board and the department, or either of them, or their its successors, of all project rental and lease contracts and all the covenants thereof entered into under this article. This article shall be for the benefit of the state, the authority, and each and every holder of the authority's bonds and upon and after the issuance of bonds under this article shall constitute an irrevocable contract with the holders of such bonds." SECTION 1-60. Said title is further amended in Code Section 32-10-48, relating to the right of the Georgia Highway Authority to declaratory adjudication of validity and binding effect of lease contracts, by revising said Code section as follows: "32-10-48. In and as an integral but independent part of the bond validation proceedings under this article, or separately, the authority is given the right to and privilege of a simultaneous or separate right of action or equitable bill against the state, the board, and the department for a declaratory adjudication of the validity and binding effect of all lease 2692 JOURNAL OF THE SENATE contracts whose rental income may be pledged or partially pledged to the benefit of any bonds being validated. In each instance of the exercise of this right the actual controversy shall be whether or not the purported contracts contested are in all respects good and sufficient, valid, and binding obligations of the board and department. Any citizens of the state may intervene in such actions and assert any ground of objection. It shall be incumbent upon the board and department to defend against an adjudication of such validity or be forever bound unto the authority and all succeeding to the rights of the authority thereafter. Such adjudications may be rendered as an integral but independent part of the judgment upon the validation issue with which they are contested or may be rendered separately." SECTION 1-61. Said title is further amended in Chapter 11, relating to the interstate rail passenger network compact, by repealing said chapter and designating it as "Reserved." PART II Provisions Repealing the State Road and Tollway Authority SECTION 2-1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is repealed in its entirety and designated as "Reserved." PART III Provisions Creating the State Transportation Agency and State Transportation Authority SECTION 3-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding two new chapters to read as follows: "CHAPTER 11A 32-11A-1. This chapter shall be known and may be cited as the 'State Transportation Agency Act.' 32-11A-2. As used in this chapter, the term: (1) 'Agency' means the State Transportation Agency. (2) 'Authority' means the State Transportation Authority created by Chapter 12 of this title. (3) 'Board' means the State Transportation Agency Board. WEDNESDAY, MARCH 25, 2009 2693 32-11A-3. There is created the State Transportation Agency. The agency shall control, award, grant, disburse and pay the State Public Transportation Fund in accord with the appropriations Acts and the allocations and state-wide guidance and policies of the authority. The agency shall receive all moneys made available to the agency by the General Assembly or otherwise for purposes of the authority, and the agency shall disburse such moneys to the authority or otherwise in accord with the terms of the agency's funding, the allocations of the authority, and authority's state-wide guidance and policies. 32-11A-4. (a) The members of the authority shall constitute the board of the agency and shall exercise all of the agency's powers and duties when acting in that capacity. The chairperson and any other such positions established on the board shall be held by the same members holding such positions on the authority. (b) The board shall provide for the holding of regular and special meetings, for bylaws, and for rules and regulations within its discretion. It shall not be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in any capacity or activity. The board shall hold at least one regular meeting during each fiscal year but may hold as many regular meetings during any fiscal year as may be deemed necessary. The chairperson is authorized to call at any time a special meeting of the board, provided at least five business days' advance notice is provided to each member. A majority of the members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power, duty, or function of the board; and no vacancy on the board shall impair the right of a quorum of the members of the board then in office to transact any business or to exercise any power, duty, or function of the board. The concurrence of a majority of members present at any meeting of the board at which a quorum is present shall be sufficient to constitute official action of the board. All meetings of the board shall be open to the public except as otherwise provided by state law. Meetings of the board shall generally be held at the principal office or place of business of the agency but may be held elsewhere within the state when authorized by the board. (d) When serving in the capacity of members of the board, the members shall receive compensation and reimbursements in the same manner as they would when serving in their capacity as members of the authority. 32-11A-5. The secretary of transportation shall be the executive director of the agency and the agency and authority shall provide his or her compensation. Unless otherwise directed by the board, the secretary of transportation may employ, terminate, and prescribe duties for employees of the agency and may arrange for services of employees of the authority. All members of the board and officers and employees of the agency shall be covered by a fidelity bond or bonds in such sum or sums and conditioned for such 2694 JOURNAL OF THE SENATE purpose or purposes as the board shall determine, and the cost thereof shall be paid from funds available to the agency. CHAPTER 12 ARTICLE 1 Part 1 32-12-1. This chapter shall be known and may be cited as the 'State Transportation Authority Act.' 32-10-60 32-12-2. As used in this article chapter, the term: (1) 'Approach' means that distance on either end of a bridge as shall be required to develop the maximum traffic capacity of a bridge, including but not limited to necessary rights of way, grading, paving, minor drainage structures, and such other construction necessary to the approach. (2) 'Authority' means the State Transportation Authority. This new authority is a successor to the State Tollway Authority, created by the 'State Tollway Authority Act,' Ga. L. 1953, Jan.-Feb. Sess., p. 302, as amended particularly by Ga. L. 1972, p. 179, and on and after April 30, 2001, also means the State Road and Tollway Authority, and the Georgia Regional Transportation Authority. (3) 'Bridge' means a structure, including the approaches thereto, erected in order to afford unrestricted vehicular passage over any obstruction in any public road, including but not limited to rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals. (4) 'Clean Air Act' means the federal Clean Air Act, as amended and codified at 42 U.S.C.A. Sections 7401 to 7671q. (4)(5) 'Cost of project' or 'cost' means the cost of construction, including relocation or adjustments of utilities; the cost of all lands, properties, rights, easements, and franchises acquired; relocation expenses; the cost of all machinery and equipment necessary for the operation of the project; financing charges; interest prior to and during construction and for such a period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to become sufficient to meet the requirements of the bond issue; the cost of engineering, legal expenses, 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 article chapter, the construction of any project, and the placing of the same 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 for such project under this article chapter. (6) 'Department' means the Georgia Department of Transportation. (7) 'Metropolitan planning organization' means the forum for cooperative WEDNESDAY, MARCH 25, 2009 2695 transportation decision making for a metropolitan planning area. (8) 'Metropolitan transportation plan' means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area. (5)(9) 'Project' means land public transportation systems, including: (A) one or more roads or bridges or a system of roads, bridges, and tunnels or improvements thereto included on an approved state-wide transportation improvement program on the Developmental Highway System as set forth in Code Section 32-4-22, as now or hereafter amended, or a comprehensive transportation plan pursuant to Code Section 32-2-3 included on the state-wide strategic transportation plan or which are toll access roads, bridges, or tunnels, with access limited or unlimited as determined by the authority, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; and (B) any program for mass transportation or mass transportation facilities as approved by the authority and the department and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities. (6)(10) 'Relocation expenses' means all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses of any individual, family, business, farm operation, or nonprofit organization displaced by authority projects to the extent authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17. (6.1)(11) '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 32-12-61 and 32-12-62, any federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, any other moneys of the authority pledged for such purpose, and any other moneys received by the authority pursuant to from the Georgia Transportation Infrastructure Bank. (7)(12) 'Revenue bonds,' 'revenue bond,' 'bonds,' or 'bond' means any bonds, notes, interim certificates, reimbursement anticipation notes, or other evidences of indebtedness of the authority authorized by Part 2 of this article Article 2 of this chapter, including without limitation obligations issued to refund any of the foregoing. (8)(13) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects or from any other revenues available to the authority, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, the department, other state agencies or authorities, the United States government, or any county or municipality, shall be sufficient to provide for 2696 JOURNAL OF THE SENATE the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. (14) 'State implementation plan' means the portion or portions of an applicable implementation plan approved or promulgated, or the most recent revision thereof, under Sections 110, 301(d), and 175A of the Clean Air Act. (15) 'State-wide strategic transportation plan' means the official, intermodal, comprehensive, fiscally constrained transportation plan which includes projects, programs, and other activities to support implementation of the state's strategic transportation goals and policies. This plan and the process for developing the plan shall comply with 23 C.F.R. Section 450.104. (16) 'State-wide transportation improvement program' means a state-wide prioritized listing of transportation projects covering a period of four years that is consistent with the state-wide strategic transportation plan, metropolitan transportation plans, and transportation improvement programs and required for multi-modal projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. (17) 'Transportation improvement program' means a prioritized listing of transportation projects covering a period of four years that is developed and formally adopted by a metropolitan planning organization as part of the metropolitan transportation planning process, consistent with the metropolitan transportation plan, and required for projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. (9)(18) 'Utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, transporting, or distributing communications, power, electricity, light, heat, gas, oil products, passengers, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police, and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph. 32-12-3. (a) As used in this Code section, the term: (1) 'Authority' means the State Transportation Authority established in this chapter. (2) 'Transferred authorities' means the Georgia Regional Transportation Authority set forth in Chapter 32 of Title 50 and the State Road and Tollway Authority set forth in Article 2 of Chapter 10 of Title 32, as each entity existed as of June 30, 2009. (b) Beginning July 1, 2009, 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 WEDNESDAY, MARCH 25, 2009 2697 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) 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. (e) 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. 32-10-61 32-12-4. The State Tollway Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the state known as the 'State Road and Tollway Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section 32-10-110. (a) There is created the State Transportation Authority as a body corporate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation thereof, for purposes of planning, overseeing transportation construction, and contracting with state or private entities to implement construction plans and other transportation projects, and managing or causing to be managed land transportation, tollways and tolling, public transit, and air quality within designated areas of this state. The authority shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The State Transportation Authority is the successor to the Georgia Regional Transportation Authority and the State Road and Tollway Authority and shall have the duties, responsibilities, functions, powers, and authority formerly held by those authorities. The authority shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. (b) The authority shall be the state's principal agency for developing, coordinating, administering, and managing transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation and is specifically charged with the responsibility of highway construction in this state. (c) The jurisdiction of the authority shall extend throughout this state with respect to land transportation, tollways, and public transportation or transit. The jurisdiction of the authority with respect to air quality standards shall be as defined in Code Sections 32-12-70 through 32-12-74. (d) The authority shall be assigned to the State Transportation Agency for administrative purposes pursuant to Code Section 50-4-3. 2698 JOURNAL OF THE SENATE 32-10-62 32-12-5. (a) The terms of office of the members of the State Road and Tollway Authority and the Georgia Regional Transportation Authority as of June 30, 2009, shall expire at midnight on that date. The terms of office of the members of the authority appointed under the provisions of this Code section shall begin on July 1, 2009. (b)(a) The members of the authority shall be ex officio the Governor, the commissioner of transportation, the director of the Office of Planning and Budget, one member The authority shall be composed of five members to be appointed by the Governor, three members to be appointed by the Lieutenant Governor and to serve during the term of office of the Lieutenant Governor and until a successor is duly appointed and qualified, and one member three members to be appointed by the Speaker of the House of Representatives and to serve during the term of office of the Speaker of the House of Representatives and until a successor is duly appointed and qualified; and membership. The members appointed by the Governor and the Lieutenant Governor shall be ratified by the Senate, and the members appointed by the Speaker of the House of Representatives shall be ratified by the House of Representatives. All appointments of members of the authority shall be ratified within five legislative days of the submittal of the appointments to the Senate or to the House of Representatives. (c) Members of the authority shall be appointed for a term of four years or until the individual holding the appointing office shall cease to hold such office, whichever is less. No member of the authority shall serve for more than two consecutive terms. Members of the authority shall serve at the pleasure of the appointing officer. (d) Membership on the authority shall be a separate and distinct duty for which they members shall receive no additional compensation. All members of the authority shall be entitled to all actual expenses necessarily incurred while in the performance of duties on behalf of the authority. The authority shall elect one of its the members of the authority as chairman chairperson. The Governor shall select the secretary of the authority, who shall be the state's secretary of transportation and who shall not be an appointed member of the authority and who shall be responsible for implementing and managing the plans developed by the authority. It shall also elect a secretary and a treasurer, who need not necessarily be members of the authority. The authority may shall make such bylaws for its government as is deemed necessary but it is under no duty to do so. A majority of the Six members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article chapter. (b)(e) No vacancy on the authority shall impair the right of the quorum to transact any and all business as stated in this Code section chapter. Members of the authority shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the authority, including books of income and disbursements of every nature. The books and records shall be inspected and audited by the state auditor at least once a year. WEDNESDAY, MARCH 25, 2009 2699 32-12-6. (a) The secretary of transportation shall be the chief executive officer of the authority who shall execute and implement, at the authority's direction, the authority's duties as the state's principal agency for developing, coordinating, administering, and managing transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation. Furthermore, pursuant to the authority's obligations, the secretary of transportation is specifically charged with the responsibility of highway construction in this state. (b) The secretary of transportation, with the approval of the members of the authority, shall establish such units within the authority as he or she deems proper for its administration. The secretary of transportation shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them. The secretary of transportation may employ or delegate deputies or other individuals to oversee the transportation needs of the state and carry out the duties placed on the secretary by the authority. Such deputies and other delegated individuals may include, but shall not be limited to, a deputy for finance, a deputy for planning, and a deputy for construction and maintenance, who may be the commissioner of transportation. (c) The secretary of transportation shall have the authority to employ as many persons as he or she deems necessary for the administration of the authority and for the discharge of the duties of his or her office, and he or she may also engage available officers, personnel, and resources within the Department of Transportation to fulfill the purposes of the authority. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the authority within the limitations of the restrictions set forth by law. 32-10-63 32-12-7. (a) The authority shall have, in addition to any other powers conferred in this article chapter, the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, exchange, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To appoint such additional officers, who need not be members of the authority, as the authority deems advisable and to employ such experts, employees, and agents as may be necessary, in its judgment, to carry on properly the business of the authority; to fix their compensation; and to promote and discharge same; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, including but not limited to those procedures in Article 1 of Chapter 3 of this title, real property or rights or easements therein or franchises necessary or convenient for its corporate 2700 JOURNAL OF THE SENATE purposes; and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this article chapter except from the funds provided under the authority of this article chapter; and, in any proceedings to condemn, such order may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this article chapter upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; (5) To make such contracts, leases, or conveyances as the legitimate and necessary purposes of this article chapter shall require, including but not limited to contracts for construction or maintenance of projects, provided that the authority shall consider the possible economic, social, and environmental effects of each project, and the authority shall assure that possible adverse economic, social, and environmental effects relating to any proposed project have been fully considered in developing such project and that the final decision on the project is made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and the cost of eliminating or minimizing adverse economic, social, and environmental effects. Furthermore, in order to assure that adequate consideration is given to economic, social, and environmental effects of any tollway project under consideration, the authority shall: (A) For federal-aid projects, follow Follow the processes required for federal-aid highway projects, as determined by the National Environmental Policy Act of 1969, as amended, except that final approval of the adequacy of such consideration shall rest with the Governor, as provided in subparagraph (C) of this paragraph, acting as the chief executive of the state, upon recommendation of the commissioner, acting as chief administrative officer of the Department of Transportation; (B) In the location and design of any project, avoid the taking of or disruption of existing public parkland or public recreation areas unless there are no prudent or feasible project location alternates. The determination of prudency and feasibility shall be the responsibility of the authority as part of the consideration of the overall public interest; and (C) For federal-aid projects, not Not approve and proceed with acquisition of rights of way and construction of a project until: (i) there has been held, or there has been offered an opportunity to hold, a public hearing or public hearings on such project in compliance with requirements of the Federal-aid Highway Act of 1970, as amended, except that neither acquisition of right of way nor construction shall be required to cease on any federal-aid project which has received federal approval pursuant to the National Environmental Policy Act of 1969, as amended, and is subsequently determined to be eligible for construction as an authority project utilizing, in whole or in part, a mix of federal funds and authority funds; and (ii) the adequacy of WEDNESDAY, MARCH 25, 2009 2701 environmental considerations has been approved by the Governor, for which said approval of the environmental considerations may come in the form of the Governor's acceptance of a federally approved environmental document; and (D) Let by public competitive bid upon plans and specifications approved by the chief engineer or his or her successors all contracts for the construction of projects, unless otherwise expressly authorized pursuant to Code Section 32-12-31; (6) To construct, erect, acquire, own, repair, maintain, add to, extend, improve, operate, and manage projects, as defined in paragraph (5)(9) of Code Section 32-1060 32-12-2, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, from other funds available to the authority, or from any combination of such sources; (7) To apply for, accept, and administer any federal highway or federal transit funds and any other federal highway or transit assistance received from time to time for the State of Georgia and to accept, with the approval of the Governor, loans and grants, either or both, of money or materials or property of any kind from the United States government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, authority, agency, or instrumentality of either of them shall impose; (8) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable from revenues of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which power is not in conflict with the Constitution and laws of Georgia; (10) To covenant with bondholders for the preparation of annual budgets for each project and for approval thereof by engineers or other representatives designated by the bondholders of each project, as may be provided for in any bond issue resolutions or trust indentures, and to covenant for the employment of experts or traffic engineers; (11) To lease its property to the United States government, the State of Georgia, or its political subdivisions, including any agency, authority, or instrumentality of the foregoing governments or political subdivisions, as well as to persons, public or private, for the construction or operation of facilities of benefit to the general public; (12) By or through its authorized agents or employees, to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as the authority may deem necessary or convenient for the purposes of this article chapter; and such entry shall not be deemed a trespass. The authority shall, however,; provided, however, the authority shall make reimbursement for any actual damages resulting from such activities; (13) To make reasonable regulations for the installation, construction, maintenance, repairs, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project; 2702 JOURNAL OF THE SENATE (14) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including but not limited to real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authority's bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure such bonds; and (15) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained land public transportation systems and other land transportation projects, and all facilities and appurtenances necessary or beneficial thereto, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes, and to enter into contracts and agreements with the Georgia Department of Transportation, county and local governments, and transit system operators for those purposes; (16) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained air quality control installations, and all facilities and appurtenances necessary or beneficial thereto, within the geographic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes; provided, however, that where such air quality control measures are included in an applicable implementation plan, they shall be approved by the Environmental Protection Division of the Department of Natural Resources and by the United States Environmental Protection Agency where necessary to preserve their protected status during any conformity lapse; (17) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs and to negotiate with the propounder of the plans concerning changes or amendments to such plans which may be recommended by the authority or the Governor, consistent with applicable federal law and regulation, and to adopt such regional plans as all or a portion of its own regional plans; (18) To review any transportation projects proposed by the Department of Transportation and to adopt, remove, or revise such projects as all or a portion of its own plans consistent with applicable federal law and regulation; (19) To develop and implement the state-wide strategic transportation plan and the state-wide transportation improvement program and to support the various transportation improvement programs; (20) To develop an annual capital construction project list to be reviewed by the Governor and submitted to the General Assembly consideration; (21) To develop formulas and strategies to ensure the proper distribution of moneys allocated from the State Public Transportation Fund and the Federal Public Transportation Fund; WEDNESDAY, MARCH 25, 2009 2703 (22) To allocate funds from the State Public Transportation Fund and the Federal Public Transportation Fund for use on transportation projects; (23) To promulgate rules and regulations necessary to carry out its duties under the provisions of this title; and (15)(24) To do all things necessary or convenient to carry out the powers expressly given in this article title. (b) In addition to the above-enumerated general powers, and such other powers as are set forth in this chapter, the authority shall have the following powers with respect to special districts created and activated pursuant to this chapter: (1) By resolution, to authorize the provision of land public transportation services and the institution of air quality control measures within the bounds of such special districts by local governments within such special districts utilizing the funding methods authorized by this chapter where the facilities for such purposes are located wholly within the jurisdiction of such local governments and such special districts or are the subject of contracts between or among such local governments and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable; (2) By resolution, to authorize the utilization by local governments within such special districts of the funding mechanisms enumerated in Code Section 50-32-30 to provide funding to defray the cost of land public transportation and air quality control measures certified and provided pursuant to paragraph (1) of this subsection; (3) By resolution, to authorize the utilization by local governments within such special districts of the above-enumerated funding mechanisms to assist in funding those portions of regional land public transportation systems which lie within and provide service to the territory of such local governments within special districts; and (4) By resolution, to contract with local governments within such special districts for funding, planning services, and such other services as the authority may deem necessary and proper to assist such local governments in providing land public transportation services and instituting air quality control measures within the bounds of such special districts where the facilities for such purposes are located wholly within the jurisdiction of such local governments and such special districts or are the subject of contracts between or among such local governments, and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable. (c) The provision of local government services and the utilization of funding mechanisms therefor consistent with the terms of this chapter shall not be subject to the provisions of Chapter 70 of Title 36; provided, however, that the authority shall, where practicable, provide for coordination and consistency between the provision of such services pursuant to the terms of this chapter and the provision of such services pursuant to Chapter 70 of Title 36. 32-12-8. (a) The authority shall develop an allocation formula for: 2704 JOURNAL OF THE SENATE (1) A state-wide transportation asset management program; (2) A state-wide transportation asset improvement program; and (3) A local maintenance and improvement grant program. Funds from the State Public Transportation Fund and the Federal Public Transportation Fund shall be allocated by the authority pursuant to such formula as further defined in subsections (b) through (d) of this Code section and as appropriated by the General Assembly. Every four years, concurrent with the renewal of the state-wide strategic transportation plan, the authority shall update the data used in the allocation formula and shall review the distributional components of the formula and at such time may amend the formula as necessary to support implementation of the principles and policies provided in subsections (b) and (c) of Code Section 32-12-21. (b) Funds appropriated for the state-wide transportation asset management program shall be allocated by the authority pursuant to the long-range state-wide strategic transportation plan and shall be available for administration, maintenance, operations, and rehabilitation of infrastructure. (c)(1) Funds allocated for the state-wide transportation asset improvement program shall be allocated by the authority for capital construction projects, which may include new capacity, expansion of current infrastructure, safety improvements, or completion of, additions to, and capital improvement of state strategic corridors and economic development highways, including but not limited to those identified pursuant to Code Section 32-4-22. Recommendations for appropriation to the state-wide transportation asset improvement program shall include considerations of current and future regional population and regional employment, as well as other factors as may be determined by the authority. Local funding matches may be required. (2) A portion of this recommendation should be a specific itemized and prioritized project list and such portion shall not exceed 10 percent of the aggregate allocation from the State Public Transportation Fund and Federal Public Transportation Fund for such fiscal year. In developing such project list, the authority may accept project recommendations from the General Assembly and the Governor and evaluate such recommendations for the projects' adherence to investment policies set forth in subsection (c) of Code Section 32-12-21. Such projects shall be prioritized by the authority in accordance with the state-wide strategic transportation plan. The authority shall submit such capital construction projects prioritized by the authority to the Governor for consideration in advance of the legislative session each year. The Governor shall submit all or a portion of such capital construction project requests submitted by the authority as part of the Governor's budget recommendations to the General Assembly. The General Assembly may appropriate funds to any project on the prioritized project list as provided by the authority. (3) In addition to the portion of the state-wide transportation asset improvement program subject to the 10 percent limitation in paragraph (2) of this subsection, additional funds from the State Public Transportation Fund and the Federal Public Transportation Fund may be allocated to the state-wide transportation asset improvement program that are not subject to specific project selection. WEDNESDAY, MARCH 25, 2009 2705 (4) For purposes of this subsection, the term 'regional' shall refer to the geographic boundaries of each region and shall be the same geographic boundaries of the regional commissions as defined in Article 2 of Chapter 8 of Title 50. (d) Funds allocated for the local maintenance and improvement grant program shall replace funds formerly available under the local assistance road program and state-aid program and shall be allocated by the authority to local governing authorities as grants or otherwise according to a funding formula developed by the authority. Such formula shall include considerations of paved and unpaved lane miles and vehicle miles traveled and may include population, employment, and local funding matches available, as well as other factors as may be determined by the authority. Funds allocated each fiscal year for the local maintenance and improvement grant program shall not be less than 25 percent of the net proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia, collected in the previous fiscal year and shall only be used for the purposes available for the proceeds of such tax. Grant funds may be withheld if adequate roadway standards, accounting practices, or transportation plans are not followed. Additional allocations to this program from other funding sources must be allocated subject to the requirements for usage attached to such funds. 32-10-69 32-12-9. (a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board the State Transportation Board, which is used at the time or may, upon completion of any action committed to the authority by this article chapter, be used as a project. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration, provided that in the event of the inability of the authority to issue or sell the revenue bonds required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles, and interests so conveyed shall forever revert to the department or agency from which it came. (b) The governing authority of any county or incorporated municipality of this state is authorized and empowered on behalf of such political subdivision to convey to the authority any real property or interest therein or any rights of way owned by such political subdivision, which is used at the time or may, upon completion of any action committed to the authority by this article chapter, be used as a project if conveyed by a county or incorporated municipality. The consideration for such conveyance shall be determined by the governing authority of such political subdivision and expressed in the deed of conveyance. Such consideration, however, shall be nominal, the benefits flowing to the political subdivisions and its citizens constituting full and adequate actual consideration. However, nothing in this subsection shall prevent the authority from reimbursing a political subdivision, as authorized in Code Section 32-10-70 3212-10. 2706 JOURNAL OF THE SENATE (c) The board or its successors and the department are is empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as provided in this Code section to the authority. 32-10-70 32-12-10. All counties, municipalities, and other political subdivisions of the state and all public agencies and officers of the state, notwithstanding any contrary provisions of the law, are authorized and empowered to lease, lend, grant, or convey to the authority, upon its request and upon such terms and conditions as the authority and the proper officials of such counties, cities, other political subdivisions, or public agencies or officials may agree upon as reasonable and fair, and without necessity for any advertisement, order of court, or other action or formality other than the regular execution of the proper instrument, any real or personal property which may be necessary or convenient to the effectuation of the purpose of this article chapter, including real or personal property devoted to public use. 32-10-72 32-12-11. All revenue in excess of all obligations of the authority of any nature, together with all unused receipts and gifts of every kind and nature whatsoever, shall be and become the authority fund. The authority, in its discretion, is charged with the duty of pledging, utilizing, or expending the authority fund for the following purposes: (1) Pledges to the payment of any revenue bond issue requirements, sinking or reserve funds, as may be provided for under Code Section 32-10-102 32-12-93; (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses; (3) The construction of all or any part of projects, the need for which is concurred in by the Governor and the board; (4) The most advantageous obtainable redemptions and retirements of the authority's bonds pursuant to the prepayment redemption privileges accorded to the authority upon the various issues of bonds outstanding; (5) The most advantageous open market purchase of the authority's bonds that the authority may accomplish; and (6) Investment in such securities and in such manner as it determines to be in its best interest; and. (7) Subject to the terms of any resolution or trust indenture authorizing the issuance of revenue bonds, the transfer of funds to the department to be used by the department for department purposes. 32-10-73 32-12-12. All moneys received pursuant to the authority of this article chapter, whether as proceeds from the sale of revenue bonds or as revenues, tolls, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this article WEDNESDAY, MARCH 25, 2009 2707 chapter. The bondholders or any other entity paying or entitled to receive the benefits of such bonds shall have a lien on all such funds until applied as provided for in any resolution, contract, or trust indenture of the authority. The preceding sentence shall not apply to funds from the State Public Transportation Fund, and, as to funds from the Federal Public Transportation Fund, the preceding sentence shall apply only to such funds as specifically designated by the authority. 32-10-74 32-12-13. This article chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby 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. 32-10-75 32-12-14. This article chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of this article chapter. 32-9-4. 32-12-15. (a) The authority may require the department is authorized to designate travel lanes in each direction of travel on any road in the state highway system for the exclusive or preferential use of: (1) Buses; (2) Motorcycles; (3) Passenger vehicles occupied by two persons or more; (4) Vehicles bearing alternative fueled vehicle license plates issued under Code Section 40-2-76; or (5) Other vehicles as designated by the department. Where such designation has been made, the road shall be appropriately marked with such signs or other roadway markers and markings to inform the traveling public of the lane restrictions imposed. (a.1)(b) Upon approval through either legislative action in the United States Congress or regulatory action by the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles, as defined in Code Section 40-2-76, to use the travel lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section. (b)(c) No driver of any vehicle not authorized to be operated in a lane designated and signed for exclusive use shall operate such vehicle in such lane except to execute turning movements or in an emergency situation. Any person who violates this subsection shall be guilty of a misdemeanor, punishable as provided for in Code Section 40-6-54. (c)(d) No traffic lane shall be designated and signed for exclusive use pursuant to subsection (a) of this Code section without the approval of the State Transportation 2708 JOURNAL OF THE SENATE Board authority. (d)(e) The authority may require the department is authorized to promulgate necessary rules and regulations consistent with plans of the authority in order to carry out the purposes of this Code section. 32-9-4.1. 32-12-16. (a) As used in this Code section, the term 'FlexAuto lane' means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles during certain hours. (b) The authority may require the department, with the approval of the board, is authorized to designate FlexAuto lanes on the state highway system for the purpose of improving traffic flow in and around areas with a history of traffic congestion. (c) Any FlexAuto lane shall be appropriately striped and marked and shall have signage appropriate to indicate its nature, as determined by the department. The department may incorporate emergency havens, emergency ramps, or emergency parking pads into the design and creation of FlexAuto lanes, as determined appropriate by the department, with the approval of the authority. (d) The hours of usage of a FlexAuto lane shall be determined by the department, with the approval of the authority, not to exceed eight hours per day. (e) It shall be unlawful for any person operating any motor vehicle to use a FlexAuto lane for purposes of travel other than emergency use outside the permitted hours of travel use, as determined and posted by the department, with the approval of the authority. It shall be unlawful for any person operating any motor vehicle other than an automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of travel other than emergency use at any time. (f) Prior to implementing this Code section, the department shall, if necessary, the authority may require the department to seek to secure and implement any federal approvals, waivers, or other actions necessary or appropriate in order to implement this Code section without any loss or impairment of federal funding. (g) FlexAuto lanes shall not be implemented at more than 80 separate locations in the state until such time as the department has completed a one-year test use of such lanes. 32-9-5 32-12-17. Subject to general appropriations for such purposes, the department, pursuant to its rules and regulations, The authority is authorized, alone or in cooperation with counties, municipalities, authorities, state agencies, or private or public entities, to participate in the establishment and operation of ride-sharing programs. A ride-sharing program is an undertaking designed to encourage safe and adequate transportation by increasing the number of person-trips per vehicle, regardless of the type of vehicle. 50-32-20 32-12-18. (a) Upon request of the board of the authority, the Department of Transportation and WEDNESDAY, MARCH 25, 2009 2709 the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departments which are not of a commercial proprietary nature, and shall assist the authority in identifying and locating such information resources. Reimbursement for costs of identification, location, transfer, or reproduction of such information resources, including personnel costs incurred by the respective departments for such purposes, shall be made by the authority to those respective departments. (b) The authority may request from time to time, and the Department of Transportation and the Department of Natural Resources shall provide as permissible under the Constitution and laws of this state, the assistance of personnel and the use of facilities, vehicles, aircraft, and equipment of those departments, and reimbursement for all costs and salaries thereby incurred by the respective departments shall be made by the authority to those respective departments. Part 2 32-2-3 32-12-20. (a) As used in this Code section, the term: (1) 'Comprehensive plan' means the major transportation facilities described in this Code section as well as collectors and interconnecting routes within or between standard metropolitan areas, urban areas, and rural areas. (2) 'Local governing body' means the governing body of the city, town, municipality, county, or other local governing unit or authority in the area in which the major transportation facility will be located. (3)(2) 'Major transportation facility' means: (A) Any facility primarily designed to transport people or goods rapidly and efficiently, including but not limited to air transport facilities, railroads, bus services, terminals, freeways, expressways, arterial highways, belt highways, and port facilities; or (B) Any facility or facilities utilized in providing a mass transit system for a standard metropolitan area or urban area. (4)(3) 'Standard metropolitan area' means a county or group of contiguous counties or parts thereof as designated by the department authority which contains at least one central city of 50,000 inhabitants or more as determined by the latest available federal census or such other population estimate as may be provided by law. (5)(4) 'Transportation corridor' means a strip of land between two termini or central points within which travel, topography, land uses, environment, and other characteristics are evaluated for transportation purposes. (6)(5) 'Urban area' means an area including and adjacent to a municipality and other urban centers having a population of 5,000 or more as determined by the latest available federal census or such other population estimates as may be provided by law within boundaries to be fixed by the department authority. (b)(1) The department authority in conjunction with the affected local governmental 2710 JOURNAL OF THE SENATE bodies, regional planning agencies, and other appropriate state and federal agencies shall develop: (A) A comprehensive, state-wide, 20 year state-wide strategic transportation plan; (B) A comprehensive transportation plan for all standard metropolitan areas and those areas which the department authority determines, based upon population projections, will become a standard metropolitan area within 20 years, such plan to supplement and be compatible with the state-wide transportation plan; and (C) Comprehensive Transportation plans for regions and urban areas as such plans are deemed necessary by the department authority. (2) Priority for developing comprehensive transportation plans shall be given to areas in which the need for construction of major transportation facilities is anticipated. (3) In developing comprehensive transportation plans, the department authority shall take into account: (A) Future as well as present needs; (B) All possible alternative modes of transportation; (C) The joint use of transportation corridors and major transportation facilities for alternate transportation and community uses; (D) The integration of any proposed system into all other types of major transportation facilities in the community or region; (E) The coordination with other development plans in the community and region so as to facilitate and synchronize growth; and (F) The total environment of the community and region including land use, state and regional development goals and decisions, population, travel patterns, traffic control features, ecology, pollution effects, esthetics, safety, and social and community values. (c) In order to ensure an integrated transportation system, the planning, location, and design of transportation facilities shall be coordinated with the appropriate planning agencies and the affected local governmental bodies. (d)(1) The department authority may adopt local or regional transportation plans as part of or in lieu of the department's authority's plan. (2) The department authority may develop and design plans for arterial and collector roads and streets, vehicular parking areas, other transportation modes and facilities, and other support facilities which are consistent with the department's authority's comprehensive transportation plans. The department authority may render to local governmental bodies or their planning agencies such technical assistance and services as are necessary so that local plans and facilities are coordinated with the department's authority's plans and facilities. (e) The department authority shall develop systematic techniques for considering those factors to be used in developing comprehensive transportation plans pursuant to subsection (b) of this Code section so that all major transportation facilities are so planned that they will function as integral parts of the overall plan for community, regional, and state development as portrayed in the comprehensive transportation plans; and these plans shall be updated at reasonable intervals so as to maintain a viable plan WEDNESDAY, MARCH 25, 2009 2711 for a 20 year planning period. (f)(1) The department authority shall, pursuant to its rules and regulations, hold planning hearings at the appropriate state, regional, or local level, at which time the comprehensive transportation plans included in subsection (b) of this Code section shall be presented for discussion and comment. (2) The department authority shall, pursuant to its rules and regulations, hold hearings at the appropriate regional or local level for major transportation facilities, or as required by federal law, as follows: (A) A facility, site, or project corridor hearing, at a time after the selection of the type or types of transportation facility or facilities to be constructed and prior to the final selection of the specific site or corridor of the proposed facility; and (B) A design hearing, at a time prior to the department's authority's commitment to a specific design proposal for the facility or facilities. (3) These public hearings shall be conducted so as to provide an opportunity for effective participation by interested persons in transportation policy decisions, the process of transportation planning, modal selections, and site and route selection, and the specific location and design of major transportation facilities. The various factors involved in the decision or decisions and any alternative proposals shall be clearly presented so that the persons attending the hearing may present their views relating to the decision or decisions which will be made. The facility, site, or project corridor hearing and the design hearing for a proposed facility or facilities may be held simultaneously to satisfy the requirements of this subsection. (4)(A) The department authority may satisfy the requirements for a public hearing by holding a public hearing or by publishing two notices of opportunity for public hearing in a newspaper having general circulation in the vicinity of the proposed undertaking and holding a public hearing if any written requests for such a hearing are received. The procedure for requesting a public hearing shall be explained in the notice. The deadline for submission of such a request may not be less than 21 days after the publication of the first notice of opportunity for public hearing and no less than 14 days after the date of publication of the second notice of opportunity for public hearing. (B) A copy of the notice of opportunity for public hearing shall be furnished at the time of publication to the United States Department of Transportation, the appropriate departments of state government, and affected local governments and planning agencies. If no requests are received in response to a notice within the time specified for the submission of requests, the department authority shall be deemed to have met the hearing requirements. (C) The opportunity for another public hearing shall be afforded in any case when proposed locations or designs are changed from those presented in the notices specified in this paragraph or at a public hearing so as to have a substantially different transportation service, social, economic, or environmental effect. (D) The opportunity for a public hearing shall be afforded in each case in which the department authority is in doubt as to whether a public hearing is required. 2712 JOURNAL OF THE SENATE (5)(A) When a public hearing is to be held, two notices of such hearing shall be published in a newspaper having general circulation in the vicinity of the proposed undertaking. The first notice shall be published no less than 30 days prior to the date of the hearing and the second notice shall be published no less than five days prior to the date of the hearing. (B) Copies of the notice for public hearing shall be mailed to the United States Department of Transportation, appropriate departments of state government, and affected local governments and planning agencies. (g) All long-range comprehensive transportation plans developed pursuant to this Code section shall be submitted to the board for its approval or disapproval. 32-2-41.1 32-12-21. (a) On or before September 1, 2008, April 1, 2010, the commissioner secretary of transportation shall prepare a report draft of the state-wide strategic transportation plan for review and comment by 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 the state transportation improvement program and the various transportation improvement programs and a list of projects realistically expected to begin construction within the next five four 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 meet the principles set forth in subsection (b) of this Code section. The final version of the State-wide Strategic Transportation Plan statewide strategic transportation plan shall be completed by June 30, 2009 January 15, 2011, and shall be delivered to 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 on or before that date. An updated version of the State-wide Strategic Transportation Plan shall be prepared and delivered annually thereafter. The state-wide strategic transportation plan shall be reviewed every four years thereafter and may be revised or updated to comply with principles and policies provided in this Code section. The authority shall review and update, if necessary, the state transportation improvement program at least every two years, including collaboration with metropolitan planning organizations on updating the various transportation improvement programs. (b) The General Assembly finds that the following principles provide general guidance when Georgians contemplate reasonable development of the transportation system in this state: economic development, growth, and competitiveness; improved safety and WEDNESDAY, MARCH 25, 2009 2713 security; maximized value of transportation assets; environmental stewardship; innovative delivery of projects and services; and consideration for equity. (c) The authority shall develop and abide by investment policies considering: (1) Growth in private-sector employment, development of work force, and improved access to jobs; (2) Reduction in traffic congestion; (3) Improved efficiency and reliability of commutes in major metropolitan areas; (4) Efficiency of freight, cargo, and goods movement; (5) Coordination of transportation investment with development patterns in major metropolitan areas; (6) Market driven travel demand management; (7) Optimized capital asset management; (8) Reduction in accidents resulting in injury and loss of life; (9) Border-to-border and interregional connectivity; and (10) Support for local connectivity to the state-wide transportation network. (d) The investment policies in subsection (c) of this Code section shall guide the development of the allocation formula provided for under Code Section 32-12-8 and shall expire on April 15, 2012, and every four years thereafter unless amended or renewed. (b)(e) The report and plan prepared under subsection (a) of this Code section shall also be published on the website of the department authority. Every six months the authority shall report to the Governor, General Assembly, and metropolitan planning organizations on the progress achieved in completing projects and on the performance of the transportation network in accordance with the principles and policies provided in this Code section. Part 3 32-12-31. (a) The General Assembly finds that private sector participation in all stages of project development, including but not limited to design, finance, construction, operations, and maintenance, has the ability to yield public benefits such as expedited project completion, innovative design, customer service, public safety, and lower overall project construction and maintenance costs. (b) The secretary of transportation may evaluate proposed projects and recommend to the authority whether to fund a project using federal, state, or local funds; user fees; tolls; private financing; or any combination of the foregoing. The authority shall promulgate rules and regulations establishing procedures for public-private partnerships in a manner consistent with the policies provided in subsection (c) of Code Section 3212-21. (c) Except as expressly authorized by an authority rule or regulation relating to alternative procedures for letting contracts for public-private partnerships identified in subsection (b) of this Code section, all contracts shall be let to the reliable bidder 2714 JOURNAL OF THE SENATE submitting the lowest sealed bid. (d) The authority may require the department to implement a project in accordance with the department's procedures for letting contracts, and the department may be an eligible bidder on projects that the authority does not require the department to implement. Part 4 32-9-1 32-12-40. (a) As used in this Code section, the term: (1) 'Mass transportation' means all modes of transportation serving the general public which are appropriate, in the judgment of the department authority, to transport people, commodities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines. (2) 'Mass transportation facilities' means everything necessary for the conveyance and convenience of passengers and the safe and prompt transportation of freight on those modes of transportation serving the general public which are appropriate, in the judgment of the department authority, to transport people, commodities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines. (3) 'Project grant' means the state's share of the cost of carrying out a particular project authorized by this Code section. This share may be provided in direct financial support, goods or products, personnel services, or any combination thereof. (b) Subject to general fund appropriations for such purposes and any provisions of Chapter 5 of this title to the contrary notwithstanding, the department authority is authorized, within the limitations provided in paragraphs (1) and (2) of this subsection, to provide to municipalities, counties, regional commissions, authorities, state agencies, and public and private mass transportation operators: (1) Financial support for research concerning mass transportation, by contract or otherwise; and (2) Project grants to supplement federal, local, or federal and local funds for use: (A) In providing for studies, analyses, and planning and development of programs for mass transportation service and facilities; (B) In providing for research, development, and demonstration projects in all phases of mass transportation; (C) In providing for programs designed solely to advertise, promote, and stimulate the development and use of mass transportation facilities; and (D) In providing for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation. (c)(1) The governing bodies of municipalities, counties, regional commissions, other authorities, state agencies, and public and private mass transportation operators may, by formal resolution, apply to the department authority for financial support and project grants provided by this Code section. (2) The use of funds or grants shall be for the purposes set forth in this Code section WEDNESDAY, MARCH 25, 2009 2715 and, without limiting the generality of the foregoing, may be used for local contributions required by the federal Urban Mass Transportation Act of 1964, as amended, or any other federal law concerning mass transportation. (3) The department authority shall review the proposal and, if satisfied that the proposal is in accordance with the purposes of this Code section, may, with the approval of the commissioner secretary of transportation, enter into a financial support or project grant agreement subject to the condition that the financial support or project grant be used in accordance with the terms of the proposal. (4) The time of payment of the financial support or project grant and any conditions concerning such payment shall be set forth in the financial support or project grant agreement. (d) In order to effectuate and enforce this Code section, the department authority is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes for which financial support and project grants may be made in accordance with this Code section. (e) The department authority is directed to administer this program with such flexibility as to permit full cooperation between federal, state, and local governments, agencies, and instrumentalities so as to result in an effective and economical program. (f) Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the purposes set out in this Code section. (g) No financial support or project grant provided for in this Code section may be made to any private mass transportation operator without prior concurrence of the State Transportation Board authority. 32-9-2 32-12-41. (a) As used in this Code section, the term: (1) 'Capital project' has the same meaning as in 49 U.S.C.A. Section 5302(a)(1). (2) 'Construction' means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, actual building, or reconstruction of facilities and equipment for use in mass transportation, including designing, engineering, locating, surveying, mapping, and acquisition of rights of way. (3) 'Mass transportation' means all modes of transportation serving the general public which are appropriate, in the judgment of the department authority, to transport people, commodities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines. (b) Subject to general appropriations for such purposes, the department authority may, alone or in cooperation with counties, municipalities, other authorities, state agencies, or private or public transit companies, plan, develop, supervise, support, own, lease, maintain, and operate mass transportation facilities or systems. (c)(1) The department authority may, when funds are available from the United States government for such purposes, provide assistance to the operators of mass transportation systems or to the owners of facilities used in connection therewith for 2716 JOURNAL OF THE SENATE the payment of operating expenses to improve or to continue such mass transportation service by operation, lease, contract, or otherwise. (2) The department authority may, when funds are available from the United States government for such purposes, participate in the acquisition, construction, and improvement of facilities and equipment, including capital projects, for use, by operation or lease or otherwise, in mass transportation service. (3) The department's authority's participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The department's authority's participation with state funds shall be limited to a maximum of 15 percent of the cost of the program. The remainder shall be provided from sources other than department authority funds or from revenues from the operation of public mass transportation systems. (d) The department shall not enter into any contract with any private entity for the purposes set out in subsections (b) and (c) of this Code section without the prior concurrence of the State Transportation Board. (e)(d) Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the purposes set out in this Code section. (f)(e) In order to effectuate and enforce this Code section, the department authority is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section. (g)(f) The department authority shall not be authorized, without the concurrence of the Metropolitan Atlanta Rapid Transit Authority, to receive federal financial assistance to provide mass transportation services or facilities that will duplicate those mass transportation services or facilities provided or to be provided by the Metropolitan Atlanta Rapid Transit Authority, within the City of Atlanta and Fulton and DeKalb counties, as a part of its rapid transit system, including the use of buses as well as a rail system, as that system is described in an engineering report, dated September 1971, prepared for the Metropolitan Atlanta Rapid Transit Authority by ParsonsBrinckerhoff-Tudor-Bechtel, general engineering consultants, and adopted as part of the Rapid Transit Contract and Assistance Agreement, dated September 1, 1971, between the Metropolitan Atlanta Rapid Transit Authority, the City of Atlanta, Fulton County, Georgia, and DeKalb County, Georgia. 32-9-6 32-12-42. (a) The department authority is designated as the state agency to offer financial assistance, in the form of a rail service continuation payment, to enable rail service, for which the Interstate Commerce Commission it has been determined a certificate of abandonment should be issued, to be continued. (b) The department authority is authorized to receive and administer federal financial assistance and to distribute, by contract or otherwise, such federal financial assistance, alone or together with state, local, or private funds available for such purposes, for the WEDNESDAY, MARCH 25, 2009 2717 implementation of railroad assistance programs that are designed to provide for: (1) The cost of rail service continuation payments; (2) The cost of purchasing a line of railroad or other rail properties to maintain existing rail services or to provide for future rail services; (3) The cost of rehabilitating and improving rail properties on a line of railroad to the extent necessary to permit adequate and efficient rail service on such line; or (4) The cost of reducing the cost of the lost rail service in a manner less expensive than continuing rail service. Subject to general fund appropriations for these purposes, the department authority is authorized to expend allocate state funds to the extent necessary to pay the state's share of such payments. (c) The department authority shall provide to the Georgia Public Service Commission the pertinent information it may possess regarding a proposed abandonment of a railroad line and shall assist the Public Service Commission, as required, in developing the state's position on the abandonment. The Public Service Commission shall provide to the department authority the pertinent information it may possess concerning any railroad line for which abandonment has been requested in order to assist the department authority in preparing an economic and operational analysis of the line. (d) Should the department authority decide to implement a railroad assistance program in accordance with paragraph (4) of subsection (b) of this Code section, the Public Service Commission will use its best efforts, within the scope of its powers and responsibilities, to assist the department authority in implementing such a program. (e) The department authority is authorized to promulgate reasonable rules and regulations for the implementation and administration of this Code section. (f) The department authority shall not implement or propose to implement any railroad assistance program without the prior concurrence of the State Transportation Board secretary of transportation. (g) Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the purposes set out in this Code section. 32-9-10 32-12-43. (a) The purpose of this Code section is to implement Section 3029 of Public Law 102240, the federal Intermodal Surface Transportation Efficiency Act of 1991, referred to in this Code section as the act. (b) For purposes of this Code section, the term 'system' means a public transportation system having vehicles operated on a fixed guideway on steel rails, the steel of the wheels of such vehicles coming directly into contact with such rails, but excluding such systems that are subject to regulation by the Federal Railroad Administration. In addition, a 'system' shall include all other public transportation systems that, under regulations issued pursuant to subsection (e) of the act, are subject to the act. (c) The department authority is designated as the agency of this state responsible for implementation of the act. 2718 JOURNAL OF THE SENATE (d) Each system operating in this state shall adopt and carry out a safety program plan that provides for the following: (1) The plan shall establish safety requirements with respect to the design, manufacture, and construction of the equipment, structures, and fixtures of the system; the maintenance of equipment, structures, and fixtures; operating methods and procedures and the training of personnel; compliance with federal, state, and local laws and regulations applicable to the safety of persons and property; protection from fire and other casualties; and the security of passengers and employees and of property; (2) The plan shall provide for measures reasonably adequate to implement the requirements established pursuant to paragraph (1) of this subsection; and (3) The plan shall establish lines of authority, levels of responsibility and accountability, and methods of documentation adequate to ensure that it is implemented. (e) The department authority shall have the following powers and duties: (1) It shall review the safety program plan of each system and all revisions and amendments thereof and if it finds that the plan conforms to subsection (d) of this Code section shall approve it; (2) It shall monitor the implementation of each system's plan; (3) It shall have the power to require any system to revise or amend its safety program plan as may be necessary in order to comply with any regulations issued pursuant to subsection (e) of the act and any amendments or revisions thereof; and (4) It shall investigate hazardous conditions and accidents on each system and, as appropriate, require that hazardous conditions be corrected or eliminated. (f) If any system fails to comply with an order of the department authority to correct or to eliminate a hazardous condition, the department authority may apply for an order requiring such system to show cause why it should not do so. Such application shall be made to the superior court of the most populous county in which such system operates, as such population is determined according to the United States decennial census of 1990 2000 or any future such census. If at the hearing upon such an order to show cause the court finds that the condition that is the subject of the order in fact creates an unreasonable risk to the safety of persons, property, or both, the court may order the system to comply with the department's authority's order or to take such other corrective action as the court finds appropriate. 32-9-11 32-12-44. (a) As used in this Code section, the term: (1) 'Local government' means any county, municipality, or political subdivision of this state, or any combination thereof. (2) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state but shall not include the Department of Transportation, the Georgia Regional Transportation WEDNESDAY, MARCH 25, 2009 2719 Authority State Transportation Authority, or the Georgia Rail Passenger Authority. (3) 'Transit facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services. (4) 'Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance. (b) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article IX, Section II, Paragraph VI of the Constitution, such contract may only become effective if it is approved by a majority of the qualified voters voting in such local government in a special election which shall be called and conducted for that purpose by the election superintendent of such local government. Any services provided by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan. (c) The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article IX, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, the Georgia Regional Transportation Authority State Transportation Authority, or the Georgia Rail Passenger Authority to contract with any local government to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pursuant to Article IX, Section III, Paragraph I of the Constitution. 32-10-76 32-12-45. (a) As used in this Code section, the term: (1) 'Local government authority' and 'state' mean the same as under 49 U.S.C. Section 5302. (2) 'Public-private streetcar project initiative' means a local or regional streetcar project which is proposed and advanced by a cooperative entity or sponsor that involves a combined public and private sector financing and development structure which includes not for profit entities. (3) 'Streetcar' includes, but is not limited to, a rail transit vehicle, including a modern, antique, or reproduction vehicle, that is designed to fit the scale and traffic patterns of the neighborhoods through which it travels and operates at lower speeds generally in existing rights of way through mixed traffic, with frequent stops. 2720 JOURNAL OF THE SENATE (b) The authority shall establish and implement a five-year grant program to provide assistance to local governmental authorities as well as a public-private streetcar project initiative for the capital, technical, and start-up costs of development and expansion of streetcar transportation and attendant economic and community development opportunities. The five-year grant program shall begin when funding becomes available for such purposes. The five-year grant program may be renewed at the end of each five-year period, consistent with the provisions of this Code section. (c) The authority will shall work closely with the formation of a pilot program and will shall provide a state-level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and public-private streetcar projects project initiatives. Any funding through bonds for such pilot and grant program shall be administered by the authority. (d) The authority shall consider the following factors in its selection of projects publicprivate streetcar project initiatives that will be implemented by this pilot program: (1) The project is ripe for development, construction, and operation; (2) The project application demonstrates strong local and private sector financial participation in the project; (3) The project will foster redevelopment opportunities adjacent to the streetcar line for which assistance is being sought; (4) The project includes the financial participation of the private owners of real property abutting the streetcar line, with the exception of owner occupied residential properties, for some of the capital costs of the project; (5) The project application demonstrates that development or redevelopment agreements are in place with respect to the project and land planning policies complimentary to the project have been adopted for land in close proximity to the streetcar line, including the availability of property zoned to accommodate mixed use development adjacent to the streetcar line; (6) The project application demonstrates either how redeveloping or new neighborhoods on vacant or underutilized land will be connected by the project to each other or to major attractors in the central city where the project will be carried out or how circulator or connector lines under the project will connect developed neighborhoods with one another or with the business district in the central city; (7) The project has demonstrated desirable levels of local financial and linking resources commitment; and (8) The project may include, and is encouraged to include, a public-private streetcar project initiative and organizational structure or sponsor. (e) The authority will shall coordinate with all appropriate metropolitan, regional, and municipal planning and development agencies where projects may be pursued and will coordinate with the Georgia Regional Transportation Authority and appropriate local transit agencies in the development, funding, and implementation of various publicprivate streetcar projects project initiatives. (f) In order to receive grant assistance under this Code section, a sponsor of a publicprivate streetcar project initiative must submit to the authority an application that WEDNESDAY, MARCH 25, 2009 2721 includes a detailed operating plan for the streetcar line for which such assistance is being sought, including the frequency of service, hours of operation, stop locations, and demonstration of the financial capacity of the sponsor to operate the streetcar line. (g) A public-private streetcar project initiative for which grant assistance may be provided under this Code section may include streetscaping, signalization modifications, and other modifications to the road system or other public rights of way on which the project is to be carried out; acquisition of streetcars; and project construction, design, and engineering. 32-10-77 32-12-46. No funding by issuing bonds, any other state funds, or federal funds administered by the Department of Transportation department or the authority shall be allowed for public-private streetcar projects project initiatives by any state entity or other authority, including, but not limited to, the Department of Transportation or the State Road and Tollway Authority, department or authority or any other subsidiary of the state, without specific prior approval by passage of a general Act by the General Assembly. Part 5 32-11-1. 32-12-50. The interstate rail passenger network compact is ratified, enacted, and entered into by the State of Georgia with all other states joining the compact in the form substantially as this chapter part. 32-11-2. 32-12-51. It is the policy of the states party to this compact to cooperate and share the administrative and financial responsibilities concerning the planning of an interstate rail passenger network system connecting major cities in Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida. The participating states agree that a rail passenger system would provide a beneficial service and would be enhanced if operated across state lines. 32-11-3. 32-12-52. (a) The states of Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida (referred to in this chapter part as 'participating states') agree, upon adoption of this compact by the respective states, to jointly conduct and participate in a rail passenger network financial and economic impact study. The study must do the following: (1) Carry forward research previously performed by the national railroad passenger corporation (Amtrak) (report issued December 1990) for purposes of evaluating a representative service schedule, train running times, and associated costs. (2) Include consideration of the following: (A) The purchase of railroad equipment by a participating state and the lease of the railroad equipment to Amtrak. 2722 JOURNAL OF THE SENATE (B) The recommendation that a member of the council serve on the Amtrak board of directors. (C) The periodic review of projected passenger traffic estimates. (D) Any other matter related to the financial and economic impact of a rail passenger network between the cities of Chicago, Illinois, and Jacksonville, Florida. (b) Information and data collected during the study under subsection (a) of this Code section that is requested by a participating state or a consulting firm representing a participating state or the compact may be made available to the state or firm. However, the information may not include matters not of public record or of a nature considered to be privileged and confidential unless the state providing the information agrees to waive the confidentiality. 32-11-4. 32-12-53. The participating states agree to do the following: (1) Make available to each other and to a consulting firm representing a participating state or the compact assistance that is available, including personnel, equipment, office space, machinery, computers, engineering, and technical advice and services. (2) Provide financial assistance for the implementation of the feasibility study that is available. 32-11-5. 32-12-54. The interstate rail passenger advisory council (referred to in this compact as the 'council') is created. The membership of the council consists of three individuals from each participating state. The Governor, President of the Senate, and Speaker of the House of Representatives shall each appoint one member of the council. 32-11-6. 32-12-55. The council shall do the following: (1) Meet within 30 days after ratification of this agreement by at least two participating states. (2) Establish rules for the conduct of the council's business, including the payment of the reasonable and necessary travel expenses of council members. (3) Coordinate all aspects of the rail passenger financial and economic impact study under Code Section 32-11-3 32-12-52. (4) Contract with persons, including institutions of higher education, for performance of any part of the study under Code Section 32-11-3 32-12-52. (5) Upon approval of the study, negotiate the proportionate share that each state will contribute toward the implementation and management of the proposed restoration of the interstate rail passenger system. (6) Make recommendations to each participating state legislature concerning the results of the study required by this chapter part. 32-11-7. 32-12-56. WEDNESDAY, MARCH 25, 2009 2723 This compact becomes effective upon the adoption of the compact into law by at least two of the participating states. Thereafter, the compact becomes effective for another participating state upon the enactment of the compact by the state. 32-11-8. 32-12-57. This compact continues in force with respect to a participating state and remains binding upon the state until six months after the state has given notice to each other participating state of the repeal of this chapter part. The transfer of these provisions from Chapter 11 of this title to Chapter 12 of this title does not constitute a repeal for purposes of this Code section. The withdrawal may not be construed to relieve a participating state from an obligation incurred before the end of the state's participation in the compact. 32-11-9. 32-12-58. (a) This compact shall be liberally construed to effectuate the compact's purposes. (b) The provisions of this compact are severable. If: (1) A phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of a participating state or of the United States; or (2) The applicability of this compact to a government, an agency, a person, or a circumstance is held invalid, the validity of the remainder of this compact and the compact's applicability to any government, agency, person, or circumstance is not affected. (c) If this compact is held contrary to the Constitution of a participating state, the compact remains in effect for the remaining participating states and in effect for the state affected for all severable matters. Part 6 32-10-64. 32-12-60. (a) For the purpose of earning sufficient revenue to make possible, in conjunction with other funds available to the authority, the financing of the construction or acquisition of projects of the authority with revenue bonds, the authority is authorized and empowered to collect tolls on each and every project which it shall cause to be constructed or acquired. It is found, determined, and declared that the necessities of revenue bond financing are such that the authority's toll earnings on each project or projects, in conjunction with other funds available to the authority, must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the authority and subject to all bond resolutions, trust indentures, and all other contractual obligations of the authority, the authority is charged with the duty of the operation of all toll projects in the aggregate at the most reasonable possible level of toll charges; and, furthermore, the authority is charged with the responsibility of a reasonable and equitable adjustment of such toll 2724 JOURNAL OF THE SENATE charges as between the various classes of users of any given project. (b) In the exercise of the authority's toll powers, the authority is authorized to exercise so much of the police powers of the state as shall be necessary to maintain the peace and accomplish the orderly handling of the traffic and the collection of tolls on all toll projects operated by the authority; and the authority shall prescribe such rules and regulations for the method of taking tolls and the employment and conduct of toll takers and other operating employees as the authority, in its discretion, may deem necessary. (c)(1) No motor vehicle shall be driven or towed through a toll collection facility, where appropriate signs have been erected to notify traffic that it is subject to the payment of tolls beyond such sign, without payment of the proper toll. In the event of nonpayment of the proper toll, as evidenced by video or electronic recording, the registered owner of such vehicle shall be liable to make prompt payment to the authority of the proper toll and an administrative fee of $25.00 per violation to recover the cost of collecting the toll. The authority or its authorized agent shall provide notice to the registered owner of a vehicle, and a reasonable time to respond to such notice, of the authority's finding of a violation of this subsection. Upon failure of the registered owner of a vehicle to pay the proper toll and administrative fee to the authority after notice thereof and within the time designated in such notice, the authority may proceed to seek collection of the proper toll and the administrative fee as debts owing to the authority, in such manner as the authority deems appropriate and as permitted under law. If the authority finds multiple failures by a registered owner of a vehicle to pay the proper toll and administrative fee after notice thereof and within the time designated in such notice, the authority may refer the matter to the Office of State Administrative Hearings. The scope of any hearing held by the Office of State Administrative Hearings shall be limited to consideration of evidence relevant to a determination of whether the registered owner has failed to pay, after notice thereof and within the time designated in such notice, the proper toll and administrative fee. The only affirmative defense that may be presented by the registered owner of a vehicle at such a hearing is theft of the vehicle, as evidenced by presentation at the hearing of a copy of a police report showing that the vehicle has been reported to the police as stolen prior to the time of the alleged violation. A determination by the Office of State Administrative Hearings of multiple failures to pay by a registered owner of a vehicle shall subject such registered owner to imposition of, in addition to any unpaid tolls and administrative fees, a civil monetary penalty payable to the authority of not more than $70.00 per violation. Upon failure by a registered owner to pay to the authority, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for multiple violations of this subsection, the motor vehicle registration of such registered owner shall be immediately suspended by operation of law. The authority shall give notice to the Department of Revenue of such suspension. Such suspension shall continue until the proper toll, administrative fee, and civil monetary penalty as have been determined by the Office of State Administrative Hearings are paid to the authority. Actions taken by the authority under this subsection shall be WEDNESDAY, MARCH 25, 2009 2725 made in accordance with policies and procedures approved by the members of the authority. (2) The registered owner of a vehicle which is observed being driven or towed through a toll collection facility without payment of the proper toll may avoid liability under this subsection by presenting to the authority a copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation. (3) For purposes of this subsection, for any vehicle which is registered to an entity other than a natural person, the term 'registered owner' shall be deemed to refer to the natural person who is the operator of such motor vehicle at the time of the violation of this subsection, but only if the entity to which the vehicle is registered has supplied to the authority, within 60 days following notice from the authority or its authorized agent, information in the possession of such entity which is sufficient to identify and give notice to the natural person who was the operator of the motor vehicle at the time of the violation of this subsection. (d) Any person who shall use or attempt to use any currency or coins other than legal tender of the United States of America or tokens issued by the authority or who shall use or attempt to use any electronic device or equipment not authorized by the authority in lieu of or to avoid payment of a toll shall be guilty of a misdemeanor. (e) Any person, except an authorized agent or employee of the authority, who removes any coin from the pavement or ground surface within 15 feet of a toll collection booth or toll collection machine, except to retrieve coins the person dropped while attempting payment of that person's toll, shall be guilty of a misdemeanor. (f) Any person who enters without authorization or who willfully, maliciously, and forcibly breaks into any mechanical or electronic toll collection device of the authority or appurtenance thereto shall be guilty of a misdemeanor. (g) Any law enforcement officer shall have the authority to issue citations for toll evasions if such officer is a witness to any of the following violations: (1) A person forcibly or fraudulently passes a toll collection device without payment or refuses to pay, evades, or attempts to evade the payment of such tolls; (2) A person turns, or attempts to turn, a vehicle around on a bridge, approach, or toll plaza where signs have been erected forbidding such turning; or (3) A person refuses to pass through the toll collection facility after having come within the area where signs have been erected notifying traffic that it is entering the area where a toll is collectable or where vehicles may not turn around and where vehicles are required to pass through the toll gates for the purposes of collecting tolls. (h) The authority may in its discretion use such technology, including but not limited to automatic vehicle license tag identification photography and video surveillance, either by electronic imaging or photographic copy, that it deems necessary to aid in the collection of tolls and enforcement of toll violations. Such technology shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle except that such technology may be utilized for general surveillance of a toll collection facility for the security of toll 2726 JOURNAL OF THE SENATE collection facility employees. (i) State and local law enforcement entities are authorized to enter into traffic and toll enforcement agreements with the authority. Any funds received by a state law enforcement entity pursuant to such toll enforcement agreement shall be subject to annual appropriations by the General Assembly to such law enforcement entity for the purpose of performing its duties pursuant to such agreement. 32-10-65 32-12-61. The authority is authorized to fix, revise, charge, and collect tolls for the use of each toll project. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any resolution, trust indenture, or contract with or for the benefit of bondholders or other private entity or concessionaire; and such tolls shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the state. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution or contract authorizing the issuance of such bonds or of the trust indenture securing the same, if there are any. 32-10-71 32-12-62. (a) In addition to the powers provided to the authority pursuant to this chapter, the The authority is explicitly authorized and empowered to acquire, maintain, repair, improve, and operate a tollway project whose status at the time of acquisition is a toll facility or which was operated as a toll facility at some point in its existence. For the purpose of earning sufficient revenue to make possible the maintenance, repair, and improvement of the acquired project, the authority is authorized to collect tolls on each and every project it acquires any acquired project meeting the requirements of this subsection. (b) When an existing state tollway facility has been acquired from a local government by the authority or the department, and the state tollway facility provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the State Road and Tollway Authority authority may assist the local government in the collection of a parking fee for each vehicle entering the island. The local government is authorized to set a fee on roads, streets, and parking facilities owned by the local government for such purposes and may contract with the authority to collect the fee. The department is authorized to assist the authority in the collection of the fee. The local government shall reimburse the department and the authority for any costs associated with executing the terms of the contract. (c) When a state highway provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the Department of Transportation authority may, if consistent with federal law and regulations, authorize the local government to set and collect a parking fee for the purpose of providing funding for such maintenance, repair, or restoration. The department is authorized to allow the authority to may collect such parking fee on the state highway system, provided that the collection point shall lie within the corporate limits of the local government setting the parking fee. The authority is authorized to contract with the local government for the collection of the WEDNESDAY, MARCH 25, 2009 2727 fee. The local government shall reimburse the authority for any costs associated with executing the terms of the contract. Part 7 50-32-10 32-12-70. (a)(1) This part shall operate uniformly throughout the state in relation to air quality standards. Code Sections 32-12-70 through 32-12-74 shall only be applied to air quality standards in the geographic areas designated in this Code section. (2)(A) The initial jurisdiction of the authority for air quality standards purposes shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the Code of Federal Regulations as of December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the authority designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. (B) The jurisdiction of the authority for air quality standards purposes shall also encompass the territory of every county designated by the USEPA in the Code of Federal Regulations after December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the authority designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, provided that the jurisdictional area encompassed under this subparagraph shall be contiguous with the jurisdictional area encompassed under subparagraph (A) of this paragraph. (b)(1) Every six months, beginning on December 31, 1998, the director of the Environmental Protection Division shall report and certify to the authority and the Governor, pursuant to criteria established by that division, counties which are reasonably expected to become nonattainment areas under the Clean Air Act within seven years from the date of such report and certification. Within the geographic territory of any county so designated, the authority shall provide, by resolution or regulation, that the funding, planning, design, construction, contracting, leasing, and other related facilities of the authority shall be made available to county and local governments for the purpose of planning, designing, constructing, operating, and maintaining land public transportation systems and other land transportation projects, public transit projects, air quality installations, and all facilities necessary and beneficial thereto, and for the purpose of designing and implementing designated metropolitan planning organizations' land transportation plans and transportation improvement programs, on such terms and conditions as may be agreed to between the authority and such county or local governments. (2) By resolution of the county governing authority, the special district created by this part encompassing the territory of any county reported and certified pursuant to paragraph (1) of this subsection may be activated for the purposes of this part, or such county may be brought within the jurisdiction of the authority by resolution of the 2728 JOURNAL OF THE SENATE governing authority. (3) The jurisdiction of the authority for air quality standards purposes shall be extended to the territory of any county the territory of which is not contiguous with the jurisdiction established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the authority designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. (c) Upon acquiring jurisdiction over the territory of any county for air quality purposes, the authority's jurisdiction over such territory shall continue until 20 years have elapsed since the later of the date such county was redesignated by the USEPA as in attainment under the Clean Air Act or such designation by the USEPA is no longer made. (d)(1) Upon the lapse of the authority's jurisdiction over a geographic area for air quality purposes pursuant to the provisions of this Code section, the authority shall have the power to enter into such contracts, lease agreements, and other instruments necessary or convenient to manage and dispose of real property and facilities owned or operated by the authority within such geographic area, and shall dispose of all such property not more than five years after the lapse of such jurisdiction but shall retain jurisdiction for the purpose of operating and managing such property and facilities until their final disposition. (2) The provisions of this subsection shall be implemented consistent with the terms of such contracts, lease agreements, or other instruments or agreements as may be necessary or required to protect federal interests in assets purchased, leased, or constructed utilizing federal funding in whole or in part, and the authority is empowered to enter into such contracts, lease agreements, or other instruments or agreements with appropriate federal agencies or other representatives or instrumentalities of the federal government from time to time as necessary to achieve the purposes of this part and the protection of federal interests. (e) Except for the purpose of reviewing proposed regional transportation plans and transportation improvement programs prepared by metropolitan planning organizations in accordance with requirements specifically placed upon the Governor by federal law, the jurisdiction of the authority shall not extend to the territory and facilities of any airport as defined in Code Section 6-3-20.1 and which is certified under 14 C.F.R. Part 139. In no event shall the authority have jurisdiction to design, construct, repair, improve, expand, own, maintain, or operate any such airport or any facilities of such airport. 32-12-71. Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographic boundaries of each county, and the territory of each district shall include all of the territory within its respective county. Any special district within a county within the geographic area over which the authority WEDNESDAY, MARCH 25, 2009 2729 has jurisdiction for air quality purposes shall be deemed activated for purposes of this part. 32-12-72. (a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropolitan planning organizations and the authority under 40 C.F.R. Section 93.105, the power to approve state-wide transportation improvement programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b), and 450.328(a), and the power of approval and responsibilities for public involvement under 23 C.F.R. Section 450.216(a). (b) In exercising the authority's powers concerning proposed state-wide transportation plans and transportation improvement programs prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction for air quality purposes pursuant to this part: (1) Transportation plans and transportation improvement programs subject to the authority's review powers shall be approved by the affirmative vote of a majority of the authority to a motion made for that purpose; (2) The authority may request modification of such a plan or program and approve such proposal for modification of a plan or program by the affirmative vote of a majority of the authority to a motion made for that purpose; (3) The authority may set a date certain as a deadline for submission of any such plan or program to the authority for review; and (4) If any such plan or program is not timely submitted for review in compliance with a deadline set by the authority, the authority may exercise its power to disapprove such plan or program upon the affirmative vote of a majority of the authority to a motion made for that purpose. (c) The authority shall formulate measurable targets for air quality improvements and standards within the geographic area over which the authority has jurisdiction for air quality purposes pursuant to this part and annually shall report such targets to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, together with an assessment of progress toward achieving such targets and projected measures and timetables for achieving such targets. 32-12-73. In any case where a development of regional impact, as determined by the Department of Community Affairs pursuant to Article 1 of Chapter 8 of Title 50, is planned within the geographic area over which the authority has jurisdiction for air quality purposes which requires the expenditure of state or federal funds by the state or any political subdivision, agency, other authority, or instrumentality thereof to create land transportation services or access to such development, any expenditure of such funds shall be prohibited unless and until the plan for such development and such 2730 JOURNAL OF THE SENATE expenditures is reviewed and approved by the authority. The decision of the authority to allow or disallow the expenditure of such funds shall be final and nonreviewable, except that such decision shall be reversed where a resolution for such purpose is passed by vote of three-fourths of the authorized membership of the county commission of the county in which the development of regional impact is planned or, if such development is within a municipality, by vote of three-fourths of the authorized membership of the city council. 32-12-74. (a) In furtherance of the purposes of the authority, no project of the Georgia Rail Passenger Authority created by Article 9 of Chapter 9 of Title 46 shall be commenced after July 1, 2009, unless such project is approved by the affirmative vote of a majority of the authority pursuant to a motion made for that purpose; provided, however, that where such project is an approved transportation control measure pursuant to an approved state implementation plan, such project may proceed consistent with applicable federal law and regulation. (b) From time to time, by the affirmative vote of a majority of the authority, the authority may direct the Georgia Environmental Facilities Authority to issue revenue bonds, bonds, notes, loans, credit agreements, or other obligations or facilities to finance, in whole or in part, any project or the cost of any project of the authority wholly or partly within the geographic area over which the authority has jurisdiction for air quality purposes, by means of a loan, extension of credit, or grant from the Georgia Environmental Facilities Authority to the authority, on such terms or conditions as shall be concluded between the two authorities. (c) The Georgia Environmental Facilities Authority shall be subordinate to the authority in all respects, with respect to authority projects, within the geographic area over which the authority has jurisdiction for air quality purposes; and, in the event of any conflict with the provisions of Chapter 23 of Title 50, the provisions of this part shall prevail in all respects. It is expressly provided, however, that nothing in this Code section and nothing in this part shall be construed to permit in any manner the alteration, elimination, or impairment of any term, provision, covenant, or obligation imposed on any state authority, including but not limited to the Georgia Environmental Facilities Authority or the Georgia Rail Passenger Authority, for the benefit of any owner or holder of any bond, note, or other obligation of any such authority. ARTICLE 2 32-10-90 32-12-80. The authority shall have the power and is authorized, at one time or from time to time, 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 defined in paragraph (4)(5) of Code Section 32-10-60 32-12-2, of any one or a combination of projects. The principal and interest of such revenue bonds shall be payable from and may be secured by a WEDNESDAY, MARCH 25, 2009 2731 pledge of tolls and other revenues of all or any part of the project financed in whole or in part with the proceeds of such issue or with the proceeds of bonds refunded or to be refunded by such issue or by a pledge of any other revenues of the authority that are legally available for such purpose. The bonds of each issue shall be dated, shall bear interest as provided for in Code Section 32-10-91 32-12-82, shall mature not later than 40 years from the date of issue, shall be payable in such media of payments 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. 32-10-90.1 32-12-81. (a) As used in this Code section, the The term 'grant anticipation revenue vehicle' or 'garvee bond' means any bond issued by the authority which is an eligible debt financing instrument within the scope of 23 U.S.C. Section 122 or which is otherwise to be repaid or reimbursed in whole or in part, directly or indirectly, from federal funds. If cost effective as determined by the authority, garvee bonds shall be insured. (b) With respect to garvee bonds and projects financed by garvee bonds, the provisions and limitations of this Code section shall control over any other conflicting provisions of this article, it being the intention of the General Assembly that grant anticipation revenue vehicles and projects funded thereby be fully subject to the terms expressed in this Code section. (c) For the purpose of issuance and use of the proceeds of garvee bonds, the authority and the department shall give priority, as far as reasonably practicable in the judgment of the department, to the completion of those portions of the Developmental Highway System as set out in paragraphs (1) through (13) and paragraphs (15) and (16) of subsection (a) of Code Section 32-4-22 and such further paragraphs as may be added to such subsection from time to time, with due regard to the timely and economical completion of the portion set out in paragraph (14) thereof. (d) Any project the cost of which is paid from the proceeds of garvee bonds shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation. (e) If during any state fiscal year the amount of federal reimbursement available to the State of Georgia under 23 U.S.C. Section 122 is or will be reduced below 90 percent of the amount available during Fiscal Year 2000-2001, the authority shall not thereafter issue any garvee bond. (f) If cost effective as determined by the authority, garvee bonds shall be insured. 32-10-91 32-12-82. The authority may authorize by resolution the following: the obtaining of loans; the issuance and sale of notes; and the issuance and sale of bonds. The foregoing obligations may be offered at public or private sale in such manner and for such interest 2732 JOURNAL OF THE SENATE rate and at such price as the authority may determine to be in the best interests of the authority and the state, provided that any offering is subject to the review and approval of the Georgia State Financing and Investment Commission pursuant to the provisions of Article 2 of Chapter 17 of Title 50. 32-10-92 32-12-83. Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times within 40 years from the issuance thereof as the authority determines to be appropriate. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide; provided, however, in lieu of specifying the rate or rates of interest which the bonds to be issued by an authority are to bear, the resolution of the authority may provide that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time as specified in the resolution or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, as specified. Bonds may be sold at public or private sale for such price or prices as the authority shall determine. 32-10-93 32-12-84. All bonds issued by the authority shall be executed in the name of the authority by the chairperson and the secretary of the authority transportation and shall be sealed with the official seal of the authority or a facsimile thereof. The facsimile signatures of the chairperson and the secretary of the authority transportation may be imprinted thereon in lieu of the manual signatures of such officers if the authority so directs in the resolution authorizing such bonds or otherwise. In case any officer whose manual or facsimile signature shall appear on any bonds 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 he or she had remained in office until such delivery. 32-10-94 32-12-85. All revenue bonds issued under this article shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation in this state. 32-10-95 32-12-86. The proceeds of the bonds shall be used solely for the payment of the cost of the project WEDNESDAY, MARCH 25, 2009 2733 or combined projects and shall be disbursed upon requisition or order of the chairman chairperson of the authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which bonds, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the 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, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds. 32-10-96 32-12-87. 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 definitive bonds upon the issuance of the latter. 32-10-97 32-12-88. The authority may also provide for the replacement of any bond which becomes mutilated or which is destroyed or lost. 32-10-98 32-12-89. Resolutions for the issuance of revenue bonds may be adopted 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 article. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one location or any number of locations. Any resolution providing for the issuance of revenue bonds under this article 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 or adjourned meeting of the authority by a majority of its members. 32-10-99 32-12-90. Revenue bonds issued under this article shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable from the revenues and funds of the authority as provided for in the resolutions or trust indentures authorizing or securing such bond issues; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment thereof; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section. 2734 JOURNAL OF THE SENATE 32-10-100 32-12-91. (a) 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 of the state. Such trust indenture may pledge or assign tolls, revenues, and earnings to be received by the authority. (b) Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholder, including the right of the appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or indenture trustee to enforce collection of tolls, revenues, or other charges for the use of the project or projects, necessary to pay all costs of operation, all reserves provided for, the principal and interest on all bonds in the given issue, all cost of collection, and all other costs reasonably necessary to accomplish the collection of such sums, in the event of any default by the authority. (c) Such resolution or trust indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the custody, safeguarding, and application of all moneys; and the operation and maintenance of the project or projects; and may also provide that any project shall be constructed and paid for under the supervision of department engineers or others satisfactory to the original purchasers of the bonds issued for such project or projects. Such resolution or trust indenture 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. (d) 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. (e) 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. 32-10-101 32-12-92. The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, 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 such funds as provided in this article, subject to such regulations as this article and such resolution or trust indenture may provide. WEDNESDAY, MARCH 25, 2009 2735 32-10-102 32-12-93. (a) The revenues, tolls, and earnings derived from any particular project or projects and all or any part of the revenues, tolls, and earnings received by the authority, regardless of whether or not such tolls, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged or allocated, may be pledged by the authority to the payment of the principal and interest obligations of any revenue bond issues of the authority. All funds so pledged, from whatever source received, which may include funds received from one or more of all sources of the authority's income, shall be set aside at regular intervals, as may be provided in the resolutions or trust indentures, into sinking funds 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 mature, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium required upon bonds retired by call or purchase as may be provided in the resolutions or trust indentures. (b) The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolutions authorizing the issuance of the revenue bonds or in the trust indentures; but, except as may otherwise be provided in such resolutions or trust indentures, such sinking funds, individually, shall be funds for the benefit of all revenue bonds of the given issue for which they are created without distinction or priority of one over another. Subject to the resolution or trust indenture of any given bond issue, any moneys in such sinking funds, after all bonds and the interest thereon for which such sinking funds were pledged have been paid, may be paid into the authority fund provided for in Code Section 32-10-72 32-12-11. 32-10-103 32-12-94. Any holders of revenue bonds issued under this article or any of the coupons appertaining thereto, any duly appointed receiver of such bonds or coupons, and any indenture trustee for bondholders, except to the extent the rights given in this Code section 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 action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of Georgia or granted in this Code section or under such resolution or trust indentures and may enforce and compel performance of all duties required by this article or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collection of revenues, tolls, and other charges for the use of the project or projects. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon or to enforce the payment thereof against any property of the state; nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state. 32-10-104 32-12-95. The authority is authorized, subject to any prior resolution or trust indenture, to provide 2736 JOURNAL OF THE SENATE by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this article and then outstanding, together with accrued interest thereon. The issuance of such revenue 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 this article insofar as the same may be applicable. 32-10-105 32-12-96. The bonds authorized in paragraph (8) of Code Section 32-10-63 32-12-60 and in Code Section 32-10-90 32-12-80 are deemed securities in which (1) all public officers and bodies of this state and all municipalities and all municipal subdivisions, (2) all insurance companies and associations and other persons carrying on an insurance business, (3) all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, (4) all administrators, guardians, executors, trustees, and other fiduciaries, and (5) all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also deemed securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. 32-10-106 32-12-97. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. 32-10-107 32-12-98. Bonds of the authority shall be confirmed and validated in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law.' The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same. 32-10-108 32-12-99. Upon payment in full of all bonds and the interest thereon and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly or otherwise, or upon the setting aside in trust, for the benefit of bondholders or other obligees, of a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof, such project or projects, if deemed by the department authority to be in a safe WEDNESDAY, MARCH 25, 2009 2737 and satisfactory condition of repair and traffic capacity, may become part of the state highway system and thereafter shall be maintained by the department authority free of tolls. In the event such project or projects to be transferred are not in good condition, in the judgment of the department, the department shall be charged with the duty of immediately advising the authority in writing what will be necessary to accomplish such safe and satisfactory condition of repair and traffic capacity; and the authority thereafter shall apply sufficient revenue from such project or projects to the accomplishment of such safe condition of repair and traffic capacity; and, upon its accomplishment, such project or projects shall become toll free as provided in this Code section. Upon the fulfillment of all conditions necessary to the cessation of tolls upon any such project, the authority shall convey by deed all right, title, and interest in and to such project to the department for and in consideration of $1.00, which the treasurer of the department is authorized to pay from any department funds available to him for any department expenditure. 32-10-109 32-12-100. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and 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 article; 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 upon any fees, tolls, or other charges for the use of such projects or upon other income received by the authority. The bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. 32-10-110 32-12-101. Any action to protect or enforce any rights under this article and any action pertaining to validation of any bonds issued under this article brought in the courts of this state shall be brought in the Superior Court of Fulton County, which shall have exclusive original jurisdiction of such actions. ARTICLE 3 32-10-120. 32-12-110. This part article shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.' 32-10-121. 32-12-111. (a) There shall be created within the State Road and Tollway Transportation Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure 2738 JOURNAL OF THE SENATE Bank. (b) The bank shall be governed by the board of the State Road and Tollway Transportation Authority as provided in this chapter article. (c) The corporate purpose of the bank is to assist in financing qualified projects by providing loans and other financial assistance to government units for constructing and improving highway and transportation facilities necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part article 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. 32-12-112. As used in this part article, the term: (1) 'Authority' means the State Transportation Authority. (1)(2) '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 rail, or transit or bicycle facility project which provides public benefits WEDNESDAY, MARCH 25, 2009 2739 by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate accounts 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 authority 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 authority, 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, 2740 JOURNAL OF THE SENATE investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (13) 'Qualified borrower' means any government unit authorized to construct, operate, or own a qualified project. (14) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (15) 'State and local accounts' means, collectively, the separate accounts for state and local roadway funds and state and local nonroadway funds. 32-10-123. 32-12-113. In administering the affairs of the bank, the board authority may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article this chapter, as well as the powers granted in this part article. Without limiting the generality of the foregoing, the board authority is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article Article 2 of this chapter. 32-10-124. 32-12-114. (a) In addition to the powers contained elsewhere in this article chapter, the board authority 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 article for the administration of the bank's affairs and the implementation of its functions, including the right of the board authority 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 authority 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 article; (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: WEDNESDAY, MARCH 25, 2009 2741 (A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank and government units; (10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity or instrumentality of the United States for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it; (14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article Article 2 of this chapter; (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 authority determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board authority 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 article 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 2742 JOURNAL OF THE SENATE 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 article. (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 Bank' is required by federal law. For the express purposes of this part article, 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. 32-12-115. (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 bank's moneys; (5) Proceeds from the issuance of bonds as provided in this part chapter; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board authority. (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 article, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. 32-10-126. 32-12-116. (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 article, or to meet the requirements of any state or federal programs. WEDNESDAY, MARCH 25, 2009 2743 (b) For necessary and convenient administration of the bank, the board authority 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 article. (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. 32-12-117. (a) The bank may provide loans and other financial assistance to a government unit to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board authority 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 authority 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. 32-12-118. (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 article. (b) In addition to the authorizations contained in this part article, 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 article. 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. 2744 JOURNAL OF THE SENATE 32-10-129. 32-12-119. 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. 32-10-130. 32-12-120. (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. 32-12-121. Neither the board authority 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 article. 32-10-132. 32-12-122. Notice, proceeding, or publication, except those required in this part article, shall not be necessary to the performance of any act authorized in this part article nor shall any act of the bank be subject to any referendum. 32-10-133. 32-12-123. 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." PART IV Miscellaneous Provisions; Cross-References SECTION 4-1. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Georgia Regional Transportation Authority," or "State Road and Tollway Authority" wherever any such term occurs with "State Transportation Authority": WEDNESDAY, MARCH 25, 2009 2745 (1) Code Section 12-7-7.1, relating to preparation of erosion and sediment control plans; (2) Code Section 12-7-17, relating to exemptions from provisions as to erosion and sediment control; (3) Code Section 35-2-101, relating to jurisdiction of the Motor Carrier Compliance Division of the Department of Public Safety; (4) Code Section 36-60-21, relating to contracts by local governments with private companies to operate toll roads; (5) Code Section 40-6-54, relating to designation of certain lanes by the Department of Transportation; (6) Code Section 40-16-2, relating to the Department of Driver Services; (7) Code Section 45-15-13, relating to the Attorney General representing certain state authorities; (8) Code Section 48-7-40.19, relating to a tax credit for diesel particulate emission reduction equipment; (9) Code Section 50-17-21, relating to definitions relative to state financing and investment; (10) Code Section 50-17-22, relating to the State Financing and Investment Commission; and (11) Code Section 50-18-72, relating to the disclosure of public records. SECTION 4-2. The following Code section of the Official Code of Georgia Annotated is amended by replacing "State Transportation Board" wherever such term occurs with "State Transportation Authority": (1) Code Section 46-9-272, relating to definitions relative to the Georgia Rail Passenger Authority. SECTION 4-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "State Transportation Board" wherever such term occurs with "Department of Transportation": (1) Code Section 6-1-1, relating to the powers and duties of the Department of Transportation over aviation and aviation facilities; (2) Code Section 6-3-1, relating to construction and maintenance of air facilities by the Department of Transportation; (3) Code Section 22-3-42, relating to condemnation of roads or highways; and (4) Code Section 46-3-201, relating to electric membership corporations. SECTION 4-4. Code Section 12-3-198 of the Official Code of Georgia Annotated, relating to the location and relocation of highways, streets and bridges in connection with Stone Mountain Park, is amended by revising subsections (a) and (c) as follows: 2746 JOURNAL OF THE SENATE "(a) The State Transportation Board Upon approval of the State Transportation Authority, the Department of Transportation is authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights of way in connection with the project, whether within or without outside the project area, as may be necessary to the relocation of any roads, streets, or highways within the property of the association. The board department shall, at the its own expense of the Department of Transportation, relocate such roads, streets, and highways so as to conform to the plan of the association for the development and improvement of the project." "(c) The State Transportation Board or its successors and the Upon approval of the State Transportation Authority, the Department of Transportation are is empowered to acquire, in any manner permitted by law, real property, any interest therein, or rights of way for the location and relocation of highways and roads located in proximity to the project. The board and the department are is authorized to expend any available funds for the purpose of such locating and relocating and for constructing, improving, and maintaining any such highways and roads; and the cost of any such undertaking shall be deemed a proper and legitimate expense of such board or the department." SECTION 4-5. Code Section 12-3-319 of the Official Code of Georgia Annotated, relating to the location and relocation of highways, streets and bridges in connection with Lake Lanier Islands, is amended by revising subsections (a) and (c) as follows: "(a) The State Transportation Board, or its successors, and the Upon approval of the State Transportation Authority, the Department of Transportation are is authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights of way in connection with the islands, whether within or without outside the islands, as may be necessary to the location or relocation of any roads, streets, or highways within or without outside the islands. The board and the department may, at the its own expense of the department, locate or relocate such roads, streets, and highways so as to conform to the plan of the authority for the development and improvement of the islands." "(c) The State Transportation Board, or its successors, and the Upon approval of the State Transportation Authority, the Department of Transportation are is empowered to acquire, in any manner now permitted by law, real property, any interest therein, or rights of way for the location and relocation of highways and roads located in proximity to the islands and are is authorized and empowered to expend any funds available to such board or such the department for the purpose of such locating and relocating, and for constructing, improving, and maintaining any such highways and roads. The cost of any such undertaking shall be deemed a proper and legitimate expense of such board or such the department." SECTION 4-6. Code Section 12-9-55 of the Official Code of Georgia Annotated, relating to registration WEDNESDAY, MARCH 25, 2009 2747 of motor vehicles by counties without proof of inspection, is amended by revising subsection (i) as follows: "(i) If it is determined that any county has registered responsible motor vehicles without receiving proof from the owners that the responsible motor vehicles satisfy all applicable requirements of Code Sections 12-9-45 and 12-9-48, the director shall notify the commissioner secretary of transportation that such an unlawful act has occurred. Upon such notification, the State Transportation Board Authority may at its discretion withhold Department of Transportation funding assistance from any such county." SECTION 4-7. Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties of the Georgia State Patrol, is amended by revising paragraph (1) of subsection (a) as follows: "(1) To enforce the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles and Code Sections 32-9-4 32-12-15 and 40-6-54, relating to designation of restricted travel lanes;" SECTION 4-8. Code Section 35-2-101 of the Official Code of Georgia Annotated, relating to jurisdiction, duties, and powers of the Motor Carrier Compliance Division of the Department of Public Safety, is amended by revising paragraph (8) of subsection (b) as follows: "(8) Enforcement of Code Sections 32-9-4 32-12-15 and 40-6-54, relating to designation of restricted travel lanes;" SECTION 4-9. Code Section 40-2-76 of the Official Code of Georgia Annotated, relating to license plates for vehicles using alternative fuel, is amended by revising subsection (b) as follows: "(b) Subject to subsection (d) of this Code section, the commissioner shall design a special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the commissioner shall place a distinctive logo or emblem immediately to the left of the letters and numbers on the license plate which shall distinguish the vehicle as an alternative fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4 32-12-15. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal." SECTION 4-10. Code Section 40-2-135.1, relating to suspension of offender's motor vehicle registration for multiple violations of toll provisions, is amended by revising said Code section as follows: "40-2-135.1. As provided in subsection (c) of Code Section 32-10-64 32-12-60, the motor vehicle 2748 JOURNAL OF THE SENATE registration of any owner who has failed to pay, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for one or more violations of such subsection, shall be immediately suspended by operation of law." SECTION 4-11. Code Section 40-6-50 of the Official Code of Georgia Annotated, relating to driving on divided highways, controlled-access roadways, and emergency lanes, is amended by revising subsection (d) as follows: "(d) Nothing in this Code section shall prohibit the use of a FlexAuto lane in the manner permitted under Code Section 32-9-4.1 32-12-16." SECTION 4-12. Code Section 40-6-54 of the Official Code of Georgia Annotated, relating to the designation of travel lanes for the exclusive use of certain vehicles, is amended by revising subsections (a) and (b) as follows: "(a) The Department of Transportation, with the approval of the State Transportation Authority, may designate travel lanes on any road in the state highway system for the exclusive use of certain vehicles, as provided in Code Section 32-9-4 32-12-15; provided, however, that where such designation has been made, the road shall be appropriately marked with signs or other roadway markers or markings to inform the traveling public of the restrictions imposed. (b) Any person who violates subsection (b) of Code Section 32-9-4 32-12-15 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine: (1) Not to exceed $75.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; (3) Not to exceed $150.00 for the third such offense; and (4) Not to exceed $150.00 plus one point on such person's driver's license as provided for under Code Section 40-5-57 for the fourth or subsequent offense." SECTION 4-13. Code Section 40-16-2 of the Official Code of Georgia Annotated, relating to the primary responsibilities of the Department of Driver Services, is amended by revising paragraph (10) of subsection (b) as follows: "(10) Enforcement of Code Sections 32-9-4 32-12-15 and 40-6-54, relating to designation of restricted travel lanes is transferred to the Department of Public Safety;" SECTION 4-14. Code Section 45-12-170 of the Official Code of Georgia Annotated, relating to the Office of Planning and Budget to perform planning and development function, powers and duties generally, and recommendations of planned communities for state development assistance, is amended by revising subsection (d) as follows: WEDNESDAY, MARCH 25, 2009 2749 "(d) The Office of Planning and Budget shall recommend for certification for state development assistance all planned communities which meet the requirements of subsection (c) of this Code section. Such recommendations shall be made to the secretary of transportation and the chairmen of the State Transportation Board, chairpersons of the State Board of Education, the Board of Natural Resources, and the Board of Community Affairs. If a majority of said chairmen officials approve any recommendation, the Governor shall be authorized to certify such planned community as eligible for state development assistance." SECTION 4-15. Code Section 45-12-203 of the Official Code of Georgia Annotated, relating to membership on the Governor's Development Council, is amended by revising subsections (a) and (b) as follows: "(a) The members of the board of directors of the Georgia Regional Transportation Authority State Transportation Authority provided by Code Section 50-32-4 Chapter 12 of Title 32, upon their initial appointment and thereafter, shall constitute the membership of the council. Membership on that authority or the council shall not constitute an appointment to an office of honor or trust for purposes of subsection (a) of Code Section 50-32-4. (b) The chair of the Georgia Regional Transportation Authority State Transportation Authority shall serve as the chair of the council." SECTION 4-16. Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, sinking and common reserve funds, appropriations, investments, and taxation to pay debt service requirements, is amended by revising the introductory language of subsection (a) as follows: "(a) General obligation debt. General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of the issue, and appropriating an amount at least sufficient to pay the highest annual debt service requirements for the issue. Appropriations made in each fiscal year, as provided in this subsection, for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred; but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. Following the incurring of debt in any fiscal year for any purpose for which an appropriation has been made, there shall be deposited in the sinking fund provided for in paragraph (1) of this subsection an amount equal to the highest annual debt service requirements for such debt coming due in any succeeding fiscal year. On or prior to the end of such fiscal year, the commission shall certify to the fiscal officer of the state the amount of the appropriation for any purpose which has been transferred to the sinking fund and the amount of the anticipated highest annual debt service requirement of debt authorized to be issued in 2750 JOURNAL OF THE SENATE such fiscal year for any purpose by resolution of the commission but which actually will be incurred in the next succeeding fiscal year. The remaining appropriation for any purpose, after deducting the aggregate amounts described in the preceding sentence, shall lapse, except that any such amount attributable to an appropriation to general obligation debt for the construction and improvement of public roads and bridges shall not lapse but shall be paid to the Department of Transportation disbursed to the State Public Transportation Fund. The General Assembly may provide in an appropriation of highest annual debt service requirements that if the commission determines not to incur the debt so authorized, the commission may expend the appropriation as capital outlay for the purposes specified in the appropriation. The appropriation as capital outlay shall lapse at the end of the fiscal year of the appropriation unless committed as provided by law. The appropriation as highest annual debt service shall expire as authorization for debt when the funds are committed as capital outlay but shall otherwise lapse as provided by law." SECTION 4-17. Code Section 50-17-25, relating to incurring public debt by resolution, sale of evidences of indebtedness, form of obligations, validation of bonds, civil claims and actions, is amended by revising subsection (b) to add a new paragraph to read as follows: "(4) A resolution authorizing general obligation debt to acquire, construct, develop, extend, enlarge, or improve highways or other public transportation projects must be preceded by a resolution of the State Transportation Agency approving the issuance under the allocations, guidelines, and policies of the State Transportation Authority." SECTION 4-18. Code Section 50-23-4 of the Official Code of Georgia Annotated, relating to definitions relative to the Environmental Facilities Authority, is amended by revising subparagraph (B) of paragraph (12) as follows: "(B) Projects authorized by the Georgia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter State Transportation Authority, 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 authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority State Transportation Authority shall be limited to providing such financing and related matters as authorized by the Georgia Regional Transportation Authority State Transportation Authority." SECTION 4-19. Code Section 52-3-5 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain along the intracoastal waterway, is amended by revising said Code section as follows: "52-3-5. If for any reason the Department of Transportation is unable to secure any such property or rights required by the United States government for the construction and WEDNESDAY, MARCH 25, 2009 2751 maintenance of the intracoastal waterway from the Savannah River to Cumberland Sound by voluntary agreement with the owner or owners thereof on terms and conditions satisfactory to it, the department is vested with the power to condemn the same and in so doing to employ the way, means, method, and procedure of Chapter 2 of Title 22 and Article 6 of Chapter 3 of Title 22, relating to the acquisition of property by condemnation on the part of the State of Georgia and of the United States; and in all instances any general and specific benefits to the owner or owners of such property or lands shall be offset against any damages to such property or lands. When the easement or property is thus acquired, a deed shall be executed conveying it to the United States. All easements granted under the authority of this Code section shall be approved by the State Transportation Board State Transportation Authority and shall be executed by the commissioner of transportation." PART V Provisions Repealing the Georgia Regional Transportation Authority SECTION 5-1. Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, is repealed in its entirety and designated as reserved. PART VI Effective Date; Repealer SECTION 6-1. This Act shall become effective on July 1, 2009, except for Chapter 11A of Title 32 and Code Section 32-12-5 of the Official Code of Georgia Annotated, as enacted by this Act, which shall become effective upon the Governor's signature. SECTION 6-2. All laws and parts of laws in conflict with this Act are repealed. On the motion, a roll call was taken and the vote was as follows: N Adelman Y Balfour Brown N Buckner E Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tarver N Tate 2752 JOURNAL OF THE SENATE N Crosby Y Douglas N Fort Y Goggans N Golden N Grant Y Hamrick N Harbison Y Harp N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Thomas N Thompson,C E 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 the Senate agreed to the House substitute to SB 39 as amended by the Senate. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, March 26, 2009. The motion prevailed, and the President announced the Senate adjourned at 2:05 p.m. THURSDAY, MARCH 26, 2009 2753 Senate Chamber, Atlanta, Georgia Thursday, March 26, 2009 Thirty-seventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Tommie Williams, 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 agreed to the Senate substitute to the following Bill of the House: HB 71. By Representative Day of the 163rd: A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the 2754 JOURNAL OF THE SENATE trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple 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 Resolution of the House: HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 14. By Senators Douglas of the 17th, Rogers of the 21st, Goggans of the 7th, Murphy of the 27th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, so as to provide that no person who is on the national or state sex offender registry shall be eligible for election to or service on a local board of education; to repeal conflicting laws; and for other purposes. SB 44. By Senators Tolleson of the 20th, Mullis of the 53rd, Rogers of the 21st, Hooks of the 14th, Harp of the 29th and others: A BILL to be entitled an Act to amend Titles 20 and 50 of the Official Code of Georgia Annotated, relating to education and state government, respectively, so as to provide purchasing preferences for Georgia products and sellers; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 26, 2009 2755 SB 97. By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the designation of the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes. SB 98. By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th: 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 certain references to the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes. SB 109. By Senator Smith of the 52nd: 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 certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the Council of Juvenile Court Judges, as appropriate; to provide for certain reporting; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 210. By Senators Johnson of the 1st, Hudgens of the 47th, Cowsert of the 46th, Goggans of the 7th, Weber of the 40th and others: A BILL to be entitled an Act to amend Code Section 20-2-306 of the Official Code of Georgia Annotated, relating to the honors program and residential high school program, so as to include home schooled students among those students eligible to participate in the student honors program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 13. By Senators Smith of the 52nd, Cowsert of the 46th, Tarver of the 22nd, Reed of the 35th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 2756 JOURNAL OF THE SENATE 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 provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 162. By Senators Grant of the 25th and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize security guards and detectives to obtain individual licensure for employment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; 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 282. By Senators Hill of the 32nd and Harp of the 29th: A BILL to be entitled an Act to amend Chapter 51 of Title 33 of the Official THURSDAY, MARCH 26, 2009 2757 Code of Georgia Annotated, relating to the Georgia Affordable HSA Eligible High Deductible Health Plan, so as to require insurers who issue high deductible health plans sold or maintained under the applicable provisions of Section 223 of the Internal Revenue Code in this state to offer at least one such plan with provisions for wellness incentives; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 672. By Senator Grant of the 25th: A RESOLUTION creating the Senate Study Committee on Autism; and for other purposes. Referred to the Health and Human Services Committee. SR 685. By Senator Rogers of the 21st: A RESOLUTION creating the Senate Study Committee on Property Tax Assessments and Appeals; and for other purposes. Referred to the Rules Committee. SR 686. By Senator Rogers of the 21st: A RESOLUTION creating the Senate Study Committee on the Self-sufficiency of State Museums, Parks, and Golf Courses; and for other purposes. Referred to the Rules Committee. SR 690. By Senators Stoner of the 6th, Mullis of the 53rd, Reed of the 35th and Staton of the 18th: A RESOLUTION requesting the Georgia Department of Transportation to develop a state rail plan; and for other purposes. Referred to the Transportation Committee. SR 692. By Senators Harbison of the 15th, Jackson of the 2nd, Thompson of the 5th, Stoner of the 6th, Golden of the 8th and others: A RESOLUTION apologizing for the pain this state has caused veterans, promising to honor the forgotten veterans of the Vietnam War, and extending 2758 JOURNAL OF THE SENATE support to troops currently in Iraq and Afghanistan; 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 659. By Representatives Burkhalter of the 50th, Rice of the 51st, Martin of the 47th and Willard of the 49th: A BILL to be entitled an Act to amend an Act providing a charter for the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), so as to provide for certain restrictions on the adoption of ordinances; to provide certain actions regarding the mayor's veto authority; to provide for the authority to remove certain officials; to provide for the repeal of certain authority from the city manager; to provide for oath of office; to repeal certain provisions regarding the city accountant; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 772. By Representatives Bryant of the 160th, Stephens of the 164th, Day of the 163rd, Stephens of the 161st, Gordon of the 162nd and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3865), so as to deannex certain property from such city's 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 773. By Representatives Bryant of the 160th, Stephens of the 164th, Day of the 163rd, Stephens of the 161st, Gordon of the 162nd and others: 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, particularly by an Act approved April 21, 1989 (Ga. L. 1989, p. 5105), so as to deannex certain property from such city's corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, MARCH 26, 2009 2759 HB 776. By Representative Parham of the 141st: A BILL to be entitled an Act to authorize the governing authority of the City of Milledgeville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 778. By Representatives Lunsford of the 110th and Yates of the 73rd: A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 781. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 782. By Representative Allison of the 8th: A BILL to be entitled an Act to provide a homestead exemption from Towns County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2760 JOURNAL OF THE SENATE HB 783. By Representative Smith of the 113th: A BILL to be entitled an Act to amend an Act incorporating the Town of North High Shoals, approved March 24, 1933 (Ga. L. 1933, p. 1040), as amended, so as to extensively revise and restate the town charter; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for submission under the Federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 784. By Representatives Hill of the 21st and Jerguson of the 22nd: A BILL to be entitled an Act to authorize the governing authority of the City of Canton to levy an excise tax pursuant to subsection (b) of Code Section 48-1351 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 786. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Guyton, approved May 5, 2006 (Ga. L. 2006, p. 4230), so as to change the corporate boundaries of said city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 787. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th: A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to prohibit the authority from issuing any revenue bonds; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, MARCH 26, 2009 2761 HB 791. By Representative Cheokas of the 134th: A BILL to be entitled an Act to create and establish the Ellaville-Schley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 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 44 Do Pass Respectfully submitted, Senator Hill of the 4th 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 193 HB 251 HB 278 Do Pass by substitute Do Pass by substitute Do Pass by substitute SR 595 Do Pass SR 649 Do Pass Respectfully submitted, Senator Weber of the 40th District, Chairman Mr. President: The Government Oversight Committee has had under consideration the following 2762 JOURNAL OF THE SENATE legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 171 HB 310 HB 385 Do Pass Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th 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 475 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 321 HB 417 HB 581 Do Pass by substitute Do Pass Do Pass by substitute SR 334 Do Pass SR 628 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 23 HB 50 HB 464 Do Pass by substitute Do Pass Do Pass by substitute HB 545 Do Pass HB 662 Do Pass THURSDAY, MARCH 26, 2009 2763 Respectfully submitted, Senator Murphy of the 27th 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 476 Do Pass by substitute HB 487 Do Pass by substitute 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 16 HB 244 HB 451 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Wiles of the 37th 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 629 HB 632 HB 666 HB 696 Do Pass Do Pass Do Pass Do Pass HB 712 HB 713 HB 728 HB 757 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman Mr. President: The Transportation Committee has had under consideration the following legislation and 2764 JOURNAL OF THE SENATE has instructed me to report the same back to the Senate with the following recommendation: HB 101 Do Pass by substitute 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 674 Do Pass by substitute Respectfully submitted, Senator Douglas of the 17th District, Chairman The following legislation was read the second time: HB 16 HB 23 HB 44 HB 50 HB 101 HB 171 HB 193 HB 244 HB 251 HB 278 HB 310 HB 321 HB 385 HB 417 HB 451 HB 464 HB 475 HB 476 HB 487 HB 545 HB 581 HB 662 HB 674 SR 334 SR 595 SR 628 SR 649 The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Hooks of the 14th Harbison of the 15th Hill of the 32nd The roll was called and the following Senators answered to their names: Adelman Balfour Brown Buckner Bulloch Butler Butterworth Chapman Cowsert Harp Hawkins Heath Henson Hill,Jack Hudgens Jackson,W Johnson Jones Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate THURSDAY, MARCH 26, 2009 2765 Crosby Douglas Fort Goggans Golden Grant Hamrick Moody Murphy Orrock Pearson Powell Ramsey Reed Thomas Thompson,C Tolleson Unterman Weber Wiles Not answering were Senators: Chance (Excused) Hooks (Excused) Rogers Harbison (Excused) Jackson, L. Thompson, S. Hill, Judson (Excused) Mullis Williams (Presiding) Senator Jackson of the 2nd 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 Pearson of the 51st introduced the chaplain of the day, Monsignor Henry Gracz of Atlanta, Georgia, who offered scripture reading and prayer. The President assumed the Chair. Senator Ramsey of the 43rd recognized the Georgia Statewide Coalition on Blindness, commended by SR 487, adopted previously. Communications Secretary Stephanie Scott addressed the Senate briefly. Senator Wiles of the 37th recognized The Walker School girls tennis team, commended by SR 69, adopted previously. Head Coach Jan Steffen addressed the Senate briefly. Senator Wiles of the 37th recognized The Walker School girls soccer team, commended by SR 71, adopted previously. Senator Wiles of the 37th recognized The Walker School boys soccer team, commended by SR 76, adopted previously. Head Coach Gary Blohm addressed the Senate briefly. Senator Hill of the 32nd recognized Steven Levetan on being named the Senator Steve Reynolds Man of the Year by Keep Georgia Beautiful and the Georgia Department of Community Affairs, commended by SR 639, adopted previously. Steven Levetan addressed the Senate briefly. The following resolutions were read and adopted: 2766 JOURNAL OF THE SENATE SR 673. By Senator Hudgens of the 47th: A RESOLUTION recognizing and commending Mr. Terry Chandler; and for other purposes. SR 674. By Senator Hudgens of the 47th: A RESOLUTION recognizing and celebrating the 100th birthday of the City of Arcade, Georgia; and for other purposes. SR 675. By Senators Stoner of the 6th, Mullis of the 53rd, Golden of the 8th, Rogers of the 21st, Brown of the 26th and others: A RESOLUTION recognizing and commending Mr. Charles K. Tarbutton; and for other purposes. SR 676. By Senator Hawkins of the 49th: A RESOLUTION recognizing and commending the Flowery Branch High School wrestling team; and for other purposes. SR 677. By Senators Jones of the 10th, Henson of the 41st, Adelman of the 42nd, Butler of the 55th, Ramsey, Sr. of the 43rd and others: A RESOLUTION congratulating Mr. Burrell Ellis on his election as Chief Executive Officer of DeKalb County; and for other purposes. SR 678. By Senators Chance of the 16th, Hill of the 4th, Douglas of the 17th, Seabaugh of the 28th and Shafer of the 48th: A RESOLUTION commending Dr. Jesse Bradley; and for other purposes. SR 679. By Senators Buckner of the 44th, Hooks of the 14th and Seay of the 34th: A RESOLUTION recognizing and commending Lucy C. Huie, outstanding citizen; and for other purposes. SR 680. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending Dr. Catherine Aust, outstanding Georgia citizen and public servant; and for other purposes. THURSDAY, MARCH 26, 2009 2767 SR 681. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending Dennis C. Martino, 2008 Clayton State University Overall Distinguished Alumnus; and for other purposes. SR 682. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending Tom George, 2006 Clayton State University Overall Outstanding Alumnus; and for other purposes. SR 683. By Senators Chance of the 16th, Douglas of the 17th, Chapman of the 3rd, Shafer of the 48th, Staton of the 18th and others: A RESOLUTION commending Tommy Lau; and for other purposes. SR 684. By Senators Chance of the 16th, Murphy of the 27th, Staton of the 18th and Shafer of the 48th: A RESOLUTION commending Edward Martin; and for other purposes. SR 687. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Henry Charles "Chase" Thomas; and for other purposes. SR 688. By Senator Rogers of the 21st: A RESOLUTION recognizing the Dixie Speedway of Woodstock, Georgia, on its 40th Anniversary race and recognizing May 23, 2009, as Dixie Speedway Day; and for other purposes. SR 689. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Pete Castello; and for other purposes. SR 691. By Senator Sims of the 12th: A RESOLUTION recognizing and commending Dr. Judd Biasiotto; and for other purposes. 2768 JOURNAL OF THE SENATE SR 693. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Mr. Lynn Whatley; and for other purposes. SR 694. By Senator Tolleson of the 20th: A RESOLUTION congratulating the Dublin High School boys basketball team on winning the 2009 Class AA State Championship; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday, March 26, 2009 Thirty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 629 Johnson of the 1st CITY OF TYBEE ISLAND A BILL to be entitled an Act to amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as to provide for four-year, staggered terms of office for the mayor and councilmembers; to provide for a referendum; 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 632 Butterworth of the 50th Pearson of the 51st WHITE COUNTY A BILL to be entitled an Act to authorize the governing authority of White County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 666 Grant of the 25th EATONTON-PUTNAM WATER AND SEWER AUTHORITY A BILL to be entitled an Act to amend an Act creating the Eatonton- HB 696 HB 712 HB 713 HB 728 THURSDAY, MARCH 26, 2009 2769 Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), so as to change certain provisions relating to the composition of the authority; to repeal conflicting laws; and for other purposes. Chapman of the 3rd ST. MARY'S CONVENTION AND VISITOR BUREAU A BILL to be entitled an Act to amend an Act creating the St. Marys Convention and Visitors Bureau Authority, approved June 3, 2003 (Ga. L. 2003, 4464), so as to provide for two additional members to the authority; to provide for the removal of such members; to provide for the method of selection for such members; to provide for terms for the members of the authority; to provide for staggered terms for initial members; to provide for an increase of the members required for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes. Hooks of the 14th Staton of the 18th Tolleson of the 20th Brown of the 26th CITY OF WARNER ROBINS A BILL to be entitled an Act to authorize the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Hooks of the 14th Tolleson of the 20th CITY OF PERRY A BILL to be entitled an Act to authorize the governing authority of the City of Perry to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Grant of the 25th GREENE COUNTY AIRPORT AUTHORITY A BILL to be entitled an Act to amend an Act to create and establish 2770 JOURNAL OF THE SENATE the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to change the reimbursement of members of the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 757 Williams of the 19th CITY OF GLENNVILLE A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), and by an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman 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 THURSDAY, MARCH 26, 2009 2771 constitutional majority, was passed. Senator Tate of the 38th introduced the doctor of the day, Dr. Stephen Dawkins. SENATE RULES CALENDAR THURSDAY, MARCH 26, 2009 THIRTY-SEVENTH LEGISLATIVE DAY HB 553 Local Government Equipment Financing Authority Act; create (Substitute) (SLGO(G)-9th) Lunsford-110th SR 444 Wells, Brittany Sharnay; remembering (Substitute)(ED&Y-55th) HB 68 Funeral establishments and crematories; disposition of cremains; provide (Substitute)(RI&U-9th) Sims-169th HB 93 Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization (H ED-29th) Sims-119th HB 123 Sexual offenses; child molestation; define; change certain provisions (Substitute)(JUDY-16th) Ramsey-72nd HB 181 State revenue commissioner's authority; distributions; repeal certain provisions (FIN-50th) Austin-10th HB 195 Trial juries; qualification of electric membership corporation; provide (JUDY-28th) Williams-178th HB 248 Georgia Voluntary Remediation Program Act; enact (Substitute) (NR&E-20th) Barnard-166th HB 254 Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions (Substitute)(JUDY-48th) Peake-137th HB 261 Income tax credit; purchase of one eligible single-family residence; provide (FIN-51st) Stephens-164th HB 280 Quality Basic Education Act; mathematics or science teachers; additional compensation; provide (ED&Y-40th) Coleman-97th HB 315 Real estate brokers; certain disclosures made in writing; require (Substitute)(JUDY-46th) Barnard-166th 2772 JOURNAL OF THE SENATE HB 334 Revenue and taxation; forms of payment; change certain provisions (FIN-28th) Knight-126th HB 410 Insurance; premium taxes for certain products; provide exemption; provisions (I&L-32nd) Knox-24th HB 452 Retirement and pensions; postretirement benefit adjustment; provide statement of legislative intent (RET-31st) Buckner-130th HB 495 Probate courts; associate probate court judges; provisions (Substitute) (JUDY-52nd) Lane-167th HB 552 Water well standards; contractors or drillers; change certain provisions (NR&E-1st) Barnard-166th HB 555 Charter schools; use of surplus property; revise certain provisions (ED&Y-1st) Casas-103rd 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 553. By Representatives Lunsford of the 110th, Butler of the 18th, Stephens of the 164th, Millar of the 79th, Harbin of the 118th 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 comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of the authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Balfour of the 9th. The Senate State and Local Governmental Operations Committee offered the following substitute to HB 553: THURSDAY, MARCH 26, 2009 2773 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 comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority and the County Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of each authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; to provide for nonapplicability of certain general laws; to provide for certain tax exempt status of each authority, each authority's property, and each authority's activities; to provide for cumulative effect of the foregoing; to provide for liberal construction of the foregoing; to change certain provisions regarding participation in certain qualified interest rate agreements; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter to read as follows: "CHAPTER 93 ARTICLE 1 36-93-1. This article shall be known and may be cited as the 'Local Government Equipment Financing Authority Act.' 36-93-2. The purpose of this article shall be to provide a mechanism through which local governments may lease or purchase on an installment basis equipment at lower than prevailing costs and to make this mechanism available to the largest number of local governments feasible. 36-93-3. As used in this article, the term: (1) 'Authority' means the Local Government Equipment Financing Authority created by this article and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article. 2774 JOURNAL OF THE SENATE (2) 'Bond' or 'bonds' means revenue bonds, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article. (3) 'Cost' as applied to equipment financed under this article includes: (A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of equipment; (B) The cost of any property interest in equipment, including an option to purchase a leasehold interest; (C) The cost of architectural, engineering, legal, trustee, underwriting, and related services; the cost of the preparation of plans, specifications, studies, surveys, and estimates of cost; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of equipment; (D) The cost of financing charges, including premiums or prepayment penalties and interest, accrued before the acquisition and installation or refinancing of such equipment and for up to three years after such acquisition and installation or refinancing; (E) The costs paid or incurred in connection with the financing of equipment, including out-of-pocket expenses, the cost of any policy of insurance or other credit enhancement, the cost of printing, engraving, and reproduction services, and the cost of the initial or acceptance fee of any trustee or paying agent; (F) The costs of the authority incurred in connection with providing equipment, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing equipment; and (G) The costs paid or incurred for the administration of any program for the financing or refinancing of equipment by the authority and any program for the installment sale or lease of equipment to any participating local government. (4) 'Equipment' means any fixture or personal property that is determined by the authority to be necessary or desirable for the efficient operation of any participating local government, regardless of whether such property is in existence at the time of, or is to be provided after the making of, such finding. (5) 'Participating local government' means a municipality, consolidated government, school district, or other political subdivision that contracts under this article with the authority for the installment purchase or lease of equipment. 36-93-4. (a) There is created, with such duties and powers as are set forth in this article, a public body corporate and politic, not a state agency but an instrumentality of purely public charity performing an essential governmental function, to be known as the Local Government Equipment Financing Authority. The authority shall be exempt from the provisions of Article 2 of Chapter 17 of Title 50 and Code Sections 45-15-13 through 45-15-16. (b) The authority shall be governed by five initial members who shall be the same THURSDAY, MARCH 26, 2009 2775 persons who are municipal elected officials serving as members of the board of trustees of a municipal interlocal risk management agency formed and operational prior to January 1, 2009, pursuant to Code Section 36-85-3. Two of the trustees shall serve a term as a member of the authority expiring January 1, 2011; two of the trustees shall serve a term as a member of the authority expiring January 1, 2012; and one of the trustees shall serve a term as a member of the authority expiring January 1, 2013, as determined by the board of trustees. After the conclusion of each initial term, each member of the authority shall be appointed for a four-year term, and vacancies in office shall be filled by a majority vote of the remaining members of the authority. The authority may adopt and amend bylaws governing the procedures and internal operations of the authority. Each member of the authority shall be an elected member of a governing authority of a Georgia municipal corporation and, if such member ceases to be an elected member of a governing authority of a Georgia municipal corporation, such member's seat on the authority shall be declared vacant and the remainder of such member's term filled by majority vote of the remaining members of the authority. (c) The members shall elect a chairperson, a vice chairperson, and other officers. The members shall not be compensated for their services, but they shall be reimbursed for their actual and necessary expenses as determined by the authority. (d) A majority of the members of the authority shall constitute a quorum for the transaction of business. 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 authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all rights and perform all duties of the authority. (e) Meetings of the members of the authority shall be held at the call of the chairperson or whenever any two members so request. The members shall meet at least once each year. (f) The authority shall be authorized to contract with Georgia Municipal Association, Inc., or its successors or other state-wide organization representing at least 200 municipalities of this state to provide an administrative staff and clerical services and to assist in the management of the routine affairs of the authority, including the originating and processing of any applications from participating local governments for the lease or purchase from the authority of equipment and to service the leases and installment purchase contracts between the authority and the participating local governments. The administrative staff shall include an executive director who shall serve as the ex officio secretary of the authority. The executive director may be an employee of the Georgia Municipal Association, Inc., or its successors or other state-wide organization representing at least 200 of the municipalities of this state. (g) The executive director shall attend the meetings of the members of the authority, shall keep a record of the proceedings of the authority, and shall maintain all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. He or she may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority 2776 JOURNAL OF THE SENATE may rely upon such certificates. If the executive director is unable to attend a meeting of the members of the authority, the members of the authority shall designate a member of the authority or an employee of the entity referred to in subsection (f) of this Code section as the person responsible for carrying out the duties of the executive director set out in this Code section. 36-93-5. The authority is granted all powers necessary to carry out and effectuate its public and corporate purposes, including but not limited to the following powers: (1) To have perpetual succession as a public body corporate and politic and an independent public instrumentality exercising essential public functions; (2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs; to carry into effect its powers and purposes; and to conduct its business; (3) To sue and be sued in its own name; (4) To have an official seal; (5) To maintain an office in Georgia; (6) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this article; (7) To employ architects, engineers, independent legal counsel, inspectors, accountants, and financial experts and such other advisers, consultants, and agents as may be necessary in its judgment without the approval or consent of any other public official and to fix their compensation; (8) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it considers advisable and to pay premiums on any such insurance; (9) To procure insurance, guarantees, or other credit enhancement from any public or private entities, including any department, agency, or instrumentality of the United States, to secure payment: (A) On a lease or installment purchase payment owed by a participating local government to the authority; or (B) Of any bonds issued by the authority and to pay premiums on any such insurance, guarantee, or other credit enhancement; (10) To procure letters of credit or other credit or liquidity facilities or agreements from any national or state banking association or other entity authorized to issue a letter of credit or other credit or liquidity facilities or agreements to secure the payment of any bonds issued by the authority or to secure the payment of any lease or installment purchase payment owed by a participating local government to the authority; and to pay the cost of obtaining such letter of credit or other credit or liquidity facilities or agreements; (11) To receive and accept from any source any money, property, or thing of value to be held, used, and applied to carry out the purpose of this article, subject to the THURSDAY, MARCH 26, 2009 2777 conditions upon which the grants or contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States or the State of Georgia for any purpose consistent with this article; (12) To provide, or cause to be provided by a participating local government, by acquisition, lease, fabrication, repair, restoration, reconditioning, refinancing, or installation, equipment to be located within Georgia; (13) To lease as lessor any item of equipment for such rentals and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (14) To sell by installment or otherwise, to sell by option or contract for sale, and to convey all or any part of any item of equipment for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (15) To make contracts and incur liabilities, borrow money at such rates of interest as the authority determines, issue its bonds in accordance with this article, and secure any of its bonds or obligations by an assignment or pledge of all or any part of its property, contract rights, and income or as otherwise provided in this article; (16) To purchase, receive, lease as lessee or lessor, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with equipment, or any interest therein, wherever situated; (17) To sell, convey, hypothecate, pledge, assign, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (18) To charge to and apportion among participating local governments its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article; (19) To collect fees and charges, as the authority determines to be reasonable, in connection with its leases, sales, advances, insurance, commitments, and servicing; (20) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; (21) To sell or assign its rights under its leases, installment purchase contracts, or other contracts or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such leases, installment purchase contracts, or other contracts, or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (22) 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; (23) To do all things necessary or convenient to carry out the powers conferred by this article; (24) To hold funds in deposit accounts with banking institutions as otherwise authorized by law; and (25) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the 2778 JOURNAL OF THE SENATE proceeds from the sale of any bonds and any moneys held in reserve funds, in the following obligations: (A) Bonds or obligations of, or other obligations the principal and interest of which are guaranteed by, this state or any county, municipal corporation, political subdivision, or public body corporate and politic of this state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government and its subsidiary corporations and instrumentalities and entities sanctioned or authorized by the United States government including, but not limited to, any of the farm credit banks or agricultural credit banks, the Federal Home Loan Mortgage Corporation, and the Federal National Mortgage Association; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks or federal savings and loan associations located within this state that have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of state building and loan associations located within this state that have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such funds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, with any national or state bank located within this state, or one or more of the securities described in subparagraphs (A), (B), (C), and (D) of this paragraph, in an aggregate principal amount equal at least to the amount of such excess; (F) Interest-bearing time deposits, repurchase agreements, forward delivery agreements, rate guarantee agreements, or other similar banking arrangements with respect to securities described in subparagraphs (A), (B), (C), and (D) of this paragraph with: (i) A bank or trust company having capital and surplus aggregating at least $50 million; (ii) Any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million; or (iii) Any corporation that is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the federal Bank THURSDAY, MARCH 26, 2009 2779 Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, forward delivery agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and (G) State operated investment pools. 36-93-6. (a) The authority may initiate one or more programs of providing equipment to be purchased or leased by participating local governments. In furtherance of this objective, the authority may also: (1) Establish eligibility standards for participating local governments, provided that such standards shall encourage maximum feasible participation for participating local governments; (2) Contract with any entity securing or enhancing the payment of bonds, authorizing the entity to approve the participating local governments that can lease or purchase equipment financed with proceeds of bonds secured or enhanced by that entity; (3) Lease to a participating local government specific items of equipment upon terms and conditions that the authority considers proper, charge and collect rents therefor, and include in any such lease provisions that the lessee has the option to purchase any or all of the equipment to which the lease applies; (4) Sell to a participating local government under any installment purchase contract specific items of equipment upon such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete equipment under terms and conditions as determined by the authority; (6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved any equipment owned by the authority; (7) Obtain or aid in obtaining property insurance on all equipment owned or financed or accept payment if any equipment is damaged or destroyed; and (8) Enter into any agreement, contract, or other instrument for any insurance, guarantee, or letter of credit accepting payment in such manner and form as provided therein if a participating local government defaults and assign any such insurance, guarantee, or letter of credit as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may: (1) Require that the lease or installment purchase contract involved be insured by a financial guaranty insurer, be credit enhanced by a credit enhancer, or be secured by a letter of credit; or (2) Require any other type of security from the participating local government that it considers reasonable and necessary. 36-93-7. (a) The authority may issue, sell, and deliver its bonds, in accordance with this article, 2780 JOURNAL OF THE SENATE for the purpose of paying for all or any part of the cost of equipment, to finance the acquisition of equipment for lease or sale to participating local governments, and for any other purposes authorized by this article. (b) The bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates; mature at such time or times, not exceeding 30 years from their respective dates of issue; bear interest at such fixed or variable rates without regard to any limitations contained in any other statute or laws of this state, bear interest at different rates, and mature at different dates within a series; bear interest at one or more variable or fixed rates within a series, and may be converted from such variable rate or rates to a fixed rate or rates, or may be converted from such fixed rate or rates to a variable rate or rates from time to time; be payable at such time or times; be in such denominations; be in such form, either coupon or fully registered; carry such registration and conversion privileges; have such rank or priority; be payable in lawful money of the United States at such places, within or outside this state; and be subject to such terms of redemption and tender for purchase as such bond resolution may provide. (c) All revenue bonds issued by the authority shall be subject to validation in accordance with Article 3 of Chapter 82 of this title, known as the 'Revenue Bond Law.' Notes and other types of obligations of the authority shall not be required to be so validated. All proceedings to validate revenue bonds of the authority shall be held in the Superior Court of Fulton County, and judgments of validation obtained in the manner set forth in such chapter shall be forever conclusive upon the validity of such bonds and the security for such bonds as therein provided. The petition and complaint for validation may also make party defendant to such action any participating local government that has contracted with the authority in connection with the issuance of the revenue bonds or regarding the manner in which such bonds are to be secured; and such participating local government may be required to show cause, if any exists, why such contract and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as a binding obligation of the participating local government for the security of any such bonds of the authority. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority, any parties to the validation proceedings, or any persons who might properly have become parties to such proceedings. The certificate of validation, however, may be signed with the facsimile or manually executed official signature of the clerk or deputy clerk of the Superior Court of Fulton County. (d) The authority may sell its bonds in such manner and for such price, at public or private sale, as it may determine to be in the best interest of the authority. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim certificates or receipts or temporary bonds for definitive bonds upon issuance of the latter. The authority may also provide for the replacement of any bonds that shall become mutilated or be stolen, destroyed, or lost. (e) The bonds shall be signed by the chairperson of the authority or such other person THURSDAY, MARCH 26, 2009 2781 designated by the authority, and the corporate seal of the authority shall be thereunto impressed, imprinted, or otherwise reproduced and attested by the signature of the secretary of the authority or such other person designated by the authority. The coupons, if any, shall be signed in such manner as may be directed by the authority. The signatures of the officers of the authority and the seal of the authority upon any bond issued by the authority may be by facsimile if the instrument is manually authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under the authority of this article bearing signatures or facsimiles of the signatures of officers of the authority in office on the date of the signing thereof shall be valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon shall have ceased to be officers of the authority. (f) The authority may provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds, and, if considered advisable by the authority, for the additional purpose of paying all or any part of the cost of equipment. (g) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. Subject to the provisions of any trust indenture to the contrary, any such escrowed proceeds, pending such use, may be invested and reinvested in such obligations specified in paragraph (25) of Code Section 36-93-5 as are determined by the authority in order to assure the prompt payment of the principal and interest and redemption premium, if any, on the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. Only after the terms of the escrow have been fully satisfied and carried out shall any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments thereof be returned to the authority or the participating local governments for use by them in any lawful manner. (h) The proceeds of the bonds, other than refunding bonds, of each series shall be used for the payment of all or part of the cost of the equipment for which such bonds have been authorized and, at the option of the authority, for the deposit to a reserve fund or reserve funds for the bonds; however, the authority may be paid, out of proceeds of the sale and delivery of its bonds issued in accordance with this article, all of the authority's out-of-pocket expenses and costs in connection with the issuance, sale, and delivery of such bonds and the costs of obtaining insurance, guarantees, other credit enhancement, and letters of credit securing payment of the bonds and the lease and the installment 2782 JOURNAL OF THE SENATE purchase payments, plus an amount equal to the compensation paid to any employees or agents of the authority for the time those employees or agents have spent on activities relating to the issuance, sale, and delivery of the bonds. Bond proceeds shall be disbursed in the manner and under the restrictions determined by the authority. 36-93-8. (a) The bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any bank having the power of a trust company, or any trust company. The trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the holders of the bonds 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 exercise of its powers and the custody, investing, safekeeping, and application of all money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and any lease or installment purchase payments to the trustee under the trust indenture or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the authority. (b)(1) Any bond resolution or related trust indenture may contain the following provisions, which must be a part of the contract with the holders of the bonds to be authorized: (A) Pledging or assigning the lease or installment purchase payments made for the equipment or pledging or assigning the contract rights under the leases or installment purchase contracts with the participating local governments whose equipment has been financed with the proceeds of such bonds or other specified revenues or property of the authority; (B) The rentals, installment purchase payments, fees, and other amounts to be charged by the authority, the schedule of payments, the sums to be raised in each year thereby, and the use, investment, and disposition of such sums; (C) Setting aside any reserves or sinking funds and the regulation, investment, and disposition thereof; (D) Limitation on the use of the equipment; (E) Limitations on the purpose for which or the investments in which the proceeds of sale of any series of bonds then or thereafter may be applied; (F) Limitations on the issuance of additional bonds, terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (G) The refunding of outstanding bonds; (H) The procedure, if any, by which the terms of any contract with holders of the bonds may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given, and restrictions on the individual rights of action by holders of the bonds; (I) Acts or omissions that constitute a default in the duties of the authority to THURSDAY, MARCH 26, 2009 2783 holders of its bonds and providing the rights and remedies of such holders in the event of default; and (J) Any other matters relating to the bonds that the authority considers desirable. (2) Bonds of the authority may also be secured by and payable from a pooling of leases or of installment purchase contracts whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of equipment with two or more participating local governments, as lessees, or assign its rights as seller and pledge the installment purchase payments under two or more installment purchase contracts of equipment with two or more participating local governments, as purchasers, upon such terms as may be provided for in bond resolutions, trust indentures, or other instruments under which such bonds are issued. (c) Every series of bonds is payable solely out of revenues, assets, or money of the authority as the authority determines, subject only to any agreements with the holders of particular bonds pledging any particular money or revenue. The bonds may be additionally secured by a pledge of any grant, contribution, or guarantee from the federal government or any corporation, association, institution, or person or a pledge of any money, income, or revenue of the authority from any source. 36-93-9. Neither the members of the authority nor any person executing bonds on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. 36-93-10. Bonds issued under this article shall not be deemed to constitute a debt or pledge of the faith and credit of this state or any political subdivision or municipal corporation thereof within the meaning of any provision of the Constitution or laws of this state. Bonds issued by the authority shall not directly, indirectly, or contingently obligate this state or any of its political subdivisions or municipal corporations to levy or to pledge any form of taxation whatever for those bonds or to make any appropriation for the payment thereof; and all such bonds or other obligations of the authority shall contain recitals on their face covering substantially the foregoing provisions of this Code section. 36-93-11. The creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article; the state covenants with the holders of the bonds and any interest coupons appertaining thereto that the authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any of the property acquired or leased or sold by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the equipment 2784 JOURNAL OF THE SENATE acquired by it or upon any fees, rentals, charges, or purchase price, received in installments or otherwise, pertaining to such equipment or upon other income received by the authority; that the bonds of the authority, their transfer, and the interest and income therefrom shall at all times be exempt from taxation within this state; and that the recording of any indenture or security agreement by the authority shall be exempt from recording taxes and fees and from intangibles tax. The tax exemption provided in this Code section shall not include any exemption from sales or use tax on property purchased by the authority or for use by the authority, except that the authority shall be entitled to such exemption with respect to property as is available to the participating local government pursuant to Article 1 of Chapter 8 of Title 48. 36-93-12. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and right of the holders of such bonds. This article shall be for the benefit of the holders of any such bonds and, upon the issuance of the bonds as provided in this chapter, such provisions shall constitute a contract with the holders of such bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of such bonds, and the duties of the authority under any such bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. 36-93-13. All moneys received by the authority pursuant to this article, whether as grants or other contributions or as revenues, rents, installment purchase payments, and earnings, shall be held in trust and applied solely as provided for in this article. 36-93-14. The authority may hold title to any equipment financed by it but shall not be required to do so. 36-93-15. The authority's legal situs or residence for the purpose of this article shall be Fulton County. Any action to protect or enforce any rights under this article, including the validation of revenue bonds issued by the authority as permitted in this article, shall be brought in the Superior Court of Fulton County, and such court shall have exclusive original jurisdiction of all such actions. 36-93-16. Nothing in this article may be construed as a restriction or limitation upon any powers that the authority might otherwise have under any other law of this state, and this article is cumulative to such powers. This article shall be construed to provide a complete, THURSDAY, MARCH 26, 2009 2785 additional, and alternative method for the doing of the things authorized and shall be construed as supplemental to powers conferred by any other laws. The adoption by the authority of bylaws and rules and the issuance of bonds by the authority under this article need not comply with the requirements of any other state laws applicable to the adoption of bylaws and rules and the issuance of bonds, notes, and other obligations. No proceedings, notice, or approval is required for the issuance of any bonds or any instrument or the security therefor or for the proper conduct of the authority's business, affairs, or operations, except as provided in this article. 36-93-17. This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect its purposes. ARTICLE 2 36-93-30. This article shall be known and may be cited as the 'County Government Equipment Financing Authority Act.' 36-93-31. The purpose of this article shall be to provide a mechanism through which participating county governments may lease or purchase on an installment basis equipment at lower than prevailing costs and to make this mechanism available to the largest number of participating county governments feasible. 36-93-32. As used in this article, the term: (1) 'Authority' means the County Equipment Financing Authority created by this article and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article. (2) 'Bond' or 'bonds' means revenue bonds, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article. (3) 'Cost' as applied to equipment financed under this article includes: (A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of equipment; (B) The cost of any property interest in equipment, including an option to purchase a leasehold interest; (C) The cost of architectural, engineering, legal, trustee, underwriting, and related services; the cost of the preparation of plans, specifications, studies, surveys, and estimates of cost; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of equipment; 2786 JOURNAL OF THE SENATE (D) The cost of financing charges, including premiums or prepayment penalties and interest, accrued before the acquisition and installation or refinancing of such equipment and for up to three years after such acquisition and installation or refinancing; (E) The costs paid or incurred in connection with the financing of equipment, including out-of-pocket expenses, the cost of any policy of insurance or other credit enhancement, the cost of printing, engraving, and reproduction services, and the cost of the initial or acceptance fee of any trustee or paying agent; (F) The costs of the authority incurred in connection with providing equipment, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing equipment; and (G) The costs paid or incurred for the administration of any program for the financing or refinancing of equipment by the authority and any program for the installment sale or lease of equipment to any participating county government. (4) 'Equipment' means any fixture or personal property that is determined by the authority to be necessary or desirable for the efficient operation of any participating county government, regardless of whether such property is in existence at the time of, or is to be provided after the making of, such finding. (5) 'Participating county government' means a county, consolidated government, school district, or other political subdivision that contracts under this article with the authority for the installment purchase or lease of equipment. 36-93-33. (a) There is created, with such duties and powers as are set forth in this article, a public body corporate and politic, not a state agency but an instrumentality of purely public charity performing an essential governmental function, to be known as the County Government Equipment Financing Authority. The authority shall be exempt from the provisions of Article 2 of Chapter 17 of Title 50 and Code Sections 45-15-13 through 45-15-16. (b) The authority shall be governed by an initial board of directors who shall be the same persons who are the county elected officials serving as members of the governing board of a Georgia nonprofit instrumentality of county governments whose income is exempt from federal income tax pursuant to Section 115 of the Internal Revenue Code of 1986. The initial board of directors shall adopt bylaws setting forth procedures governing the internal operations of the authority. The bylaws may provide for a successor board of directors composed of five to nine members elected on a staggered basis to terms of four years except that the initial appointments may be for a shorter term in order to stagger the terms. The initial board of directors shall govern the authority until a successor board of directors is appointed in accordance with the bylaws of the authority. Each member of the board of directors shall be an elected member of a Georgia county governing authority and, if such member ceases to be an elected member of a Georgia county governing authority, such member's seat on the board shall be declared vacant and the remainder of any term filled as provided in the THURSDAY, MARCH 26, 2009 2787 bylaws of the authority. (c) The members shall elect a chairperson, a vice chairperson, and other officers. The members shall not be compensated for their services, but they shall be reimbursed for their actual and necessary expenses as determined by the authority. (d) A majority of the members of the authority shall constitute a quorum for the transaction of business. 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 authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all rights and perform all duties of the authority. (e) Meetings of the members of the authority shall be held at the call of the chairperson or whenever any two members so request. The members shall meet at least once each year. (f) The authority shall be authorized to contract with the Association County Commissioners of Georgia, Inc., or its successors or other state-wide organization representing counties of this state to provide an administrative staff and clerical services and to assist in the management of the routine affairs of the authority, including the originating and processing of any applications from participating county governments for the lease or purchase from the authority of equipment and to service the leases and installment purchase contracts between the authority and the participating county governments. The administrative staff shall include an executive director who shall serve as the ex officio secretary of the authority. The executive director may be an employee of the Association County Commissioners of Georgia, Inc., or its successors or other state-wide organization representing counties of this state. (g) The executive director shall attend the meetings of the members of the authority, shall keep a record of the proceedings of the authority, and shall maintain all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. If the executive director is unable to attend a meeting of the members of the authority, the members of the authority shall designate a member of the authority or an employee of the entity referred to in subsection (f) of this Code section as the person responsible for carrying out the duties of the executive director set out in this Code section. 36-93-34. The authority is granted all powers necessary to carry out and effectuate its public and corporate purposes, including but not limited to the following powers: (1) To have perpetual succession as a public body corporate and politic and an independent public instrumentality exercising essential public functions; (2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs; to carry into effect its powers and purposes; and to conduct its business; 2788 JOURNAL OF THE SENATE (3) To sue and be sued in its own name; (4) To have an official seal; (5) To maintain an office in Georgia; (6) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this article; (7) To employ architects, engineers, independent legal counsel, inspectors, accountants, and financial experts and such other advisers, consultants, and agents as may be necessary in its judgment without the approval or consent of any other public official and to fix their compensation; (8) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it considers advisable and to pay premiums on any such insurance; (9) To procure insurance, guarantees, or other credit enhancement from any public or private entities, including any department, agency, or instrumentality of the United States, to secure payment: (A) On a lease or installment purchase payment owed by a participating county government to the authority; or (B) Of any bonds issued by the authority and to pay premiums on any such insurance, guarantee, or other credit enhancement; (10) To procure letters of credit or other credit or liquidity facilities or agreements from any national or state banking association or other entity authorized to issue a letter of credit or other credit or liquidity facilities or agreements to secure the payment of any bonds issued by the authority or to secure the payment of any lease or installment purchase payment owed by a participating county government to the authority; and to pay the cost of obtaining such letter of credit or other credit or liquidity facilities or agreements; (11) To receive and accept from any source any money, property, or thing of value to be held, used, and applied to carry out the purpose of this article, subject to the conditions upon which the grants or contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States or the State of Georgia for any purpose consistent with this article; (12) To provide, or cause to be provided by a participating county government, by acquisition, lease, fabrication, repair, restoration, reconditioning, refinancing, or installation, equipment to be located within Georgia; (13) To lease as lessor any item of equipment for such rentals and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (14) To sell by installment or otherwise, to sell by option or contract for sale, and to convey all or any part of any item of equipment for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (15) To make contracts and incur liabilities, borrow money at such rates of interest as THURSDAY, MARCH 26, 2009 2789 the authority determines, issue its bonds in accordance with this article, and secure any of its bonds or obligations by an assignment or pledge of all or any part of its property, contract rights, and income or as otherwise provided in this article; (16) To purchase, receive, lease as lessee or lessor, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with equipment, or any interest therein, wherever situated; (17) To sell, convey, hypothecate, pledge, assign, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (18) To charge to and apportion among participating county governments its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article; (19) To collect fees and charges, as the authority determines to be reasonable, in connection with its leases, sales, advances, insurance, commitments, and servicing; (20) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; (21) To sell or assign its rights under its leases, installment purchase contracts, or other contracts or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such leases, installment purchase contracts, or other contracts, or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (22) 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; (23) To do all things necessary or convenient to carry out the powers conferred by this article; (24) To hold funds in deposit accounts with banking institutions as otherwise authorized by law; and (25) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this article, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in the following obligations: (A) Bonds or obligations of, or other obligations the principal and interest of which are guaranteed by, this state or any county, municipal corporation, political subdivision, or public body corporate and politic of this state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government and its subsidiary corporations and instrumentalities and entities sanctioned or authorized by the United States government including, but not limited to, any of the farm credit banks or agricultural credit banks, the Federal Home Loan Mortgage Corporation, and the Federal National Mortgage Association; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment 2790 JOURNAL OF THE SENATE of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks or federal savings and loan associations located within this state that have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of state building and loan associations located within this state that have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such funds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, with any national or state bank located within this state, or one or more of the securities described in subparagraphs (A), (B), (C), and (D) of this paragraph, in an aggregate principal amount equal at least to the amount of such excess; (F) Interest-bearing time deposits, repurchase agreements, forward delivery agreements, rate guarantee agreements, or other similar banking arrangements with respect to securities described in subparagraphs (A), (B), (C), and (D) of this paragraph with: (i) A bank or trust company having capital and surplus aggregating at least $50 million; (ii) Any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million; or (iii) Any corporation that is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the federal Bank Holding Company Act of 1956, provided that each such interest-bearing deposit, repurchase agreement, forward delivery agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and (G) State operated investment pools. 36-93-35. (a) The authority may initiate one or more programs of providing equipment to be purchased or leased by participating county governments. In furtherance of this objective, the authority may also: (1) Establish eligibility standards for participating county governments, provided that such standards shall encourage maximum feasible participation for participating county governments; THURSDAY, MARCH 26, 2009 2791 (2) Contract with any entity securing or enhancing the payment of bonds, authorizing the entity to approve the participating county governments that can lease or purchase equipment financed with proceeds of bonds secured or enhanced by that entity; (3) Lease to a participating county government specific items of equipment upon terms and conditions that the authority considers proper, charge and collect rents therefor, and include in any such lease provisions that the lessee has the option to purchase any or all of the equipment to which the lease applies; (4) Sell to a participating county government under any installment purchase contract specific items of equipment upon such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete equipment under terms and conditions as determined by the authority; (6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved any equipment owned by the authority; (7) Obtain or aid in obtaining property insurance on all equipment owned or financed or accept payment if any equipment is damaged or destroyed; and (8) Enter into any agreement, contract, or other instrument for any insurance, guarantee, or letter of credit accepting payment in such manner and form as provided therein if a participating county government defaults and assign any such insurance, guarantee, or letter of credit as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may: (1) Require that the lease or installment purchase contract involved be insured by a financial guaranty insurer, be credit enhanced by a credit enhancer, or be secured by a letter of credit; or (2) Require any other type of security from the participating county government that it considers reasonable and necessary. 36-93-36. (a) The authority may issue, sell, and deliver its bonds, in accordance with this article, for the purpose of paying for all or any part of the cost of equipment, to finance the acquisition of equipment for lease or sale to participating county governments, and for any other purposes authorized by this article. (b) The bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates; mature at such time or times, not exceeding 30 years from their respective dates of issue; bear interest at such fixed or variable rates without regard to any limitations contained in any other statute or laws of this state, bear interest at different rates, and mature at different dates within a series; bear interest at one or more variable or fixed rates within a series, and may be converted from such variable rate or rates to a fixed rate or rates, or may be converted from such fixed rate or rates to a variable rate or rates from time to time; be payable at such time or times; be in such denominations; be in such form, either coupon or fully registered; carry such registration and conversion privileges; have such rank or priority; 2792 JOURNAL OF THE SENATE be payable in lawful money of the United States at such places, within or outside this state; and be subject to such terms of redemption and tender for purchase as such bond resolution may provide. (c) All revenue bonds issued by the authority shall be subject to validation in accordance with Article 3 of Chapter 82 of this title, known as the 'Revenue Bond Law.' Notes and other types of obligations of the authority shall not be required to be so validated. All proceedings to validate revenue bonds of the authority shall be held in the Superior Court of Fulton County, and judgments of validation obtained in the manner set forth in such chapter shall be forever conclusive upon the validity of such bonds and the security for such bonds as therein provided. The petition and complaint for validation may also make party defendant to such action any participating county government that has contracted with the authority in connection with the issuance of the revenue bonds or regarding the manner in which such bonds are to be secured; and such participating county government shall be required to show cause, if any exists, why such contract and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as a binding obligation of the participating county government for the security of any such bonds of the authority. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority, any parties to the validation proceedings, or any persons who might properly have become parties to such proceedings. The certificate of validation, however, may be signed with the facsimile or manually executed official signature of the clerk or deputy clerk of the Superior Court of Fulton County. (d) The authority may sell its bonds in such manner and for such price, at public or private sale, as it may determine to be in the best interest of the authority. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim certificates or receipts or temporary bonds for definitive bonds upon issuance of the latter. The authority may also provide for the replacement of any bonds that shall become mutilated or be stolen, destroyed, or lost. (e) The bonds shall be signed by the chairperson of the authority or by such other person designated by the authority, and the corporate seal of the authority shall be thereunto impressed, imprinted, or otherwise reproduced and attested by the signature of the secretary of the authority or by such other person designated by the authority. The coupons, if any, shall be signed in such manner as may be directed by the authority. The signatures of the officers of the authority and the seal of the authority upon any bond issued by the authority may be by facsimile if the instrument is manually authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under the authority of this article bearing signatures or facsimiles of the signatures of officers of the authority in office on the date of the signing thereof shall be valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon shall have ceased to be officers of the authority. (f) The authority may provide for the issuance of bonds of the authority for the purpose THURSDAY, MARCH 26, 2009 2793 of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds, and, if considered advisable by the authority, for the additional purpose of paying all or any part of the cost of equipment. (g) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. Subject to the provisions of any trust indenture to the contrary, any such escrowed proceeds, pending such use, may be invested and reinvested in such obligations specified in paragraph (25) of Code Section 36-93-34 as are determined by the authority in order to assure the prompt payment of the principal and interest and redemption premium, if any, on the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. Only after the terms of the escrow have been fully satisfied and carried out shall any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments thereof be returned to the authority or the participating county governments for use by them in any lawful manner. (h) The proceeds of the bonds, other than refunding bonds, of each series shall be used for the payment of all or part of the cost of the equipment for which such bonds have been authorized and, at the option of the authority, for the deposit to a reserve fund or reserve funds for the bonds; however, the authority may be paid, out of proceeds of the sale and delivery of its bonds issued in accordance with this article, all of the authority's out-of-pocket expenses and costs in connection with the issuance, sale, and delivery of such bonds and the costs of obtaining insurance, guarantees, other credit enhancement, and letters of credit securing payment of the bonds and the lease and the installment purchase payments, plus an amount equal to the compensation paid to any employees or agents of the authority for the time those employees or agents have spent on activities relating to the issuance, sale, and delivery of the bonds. Bond proceeds shall be disbursed in the manner and under the restrictions determined by the authority. 36-93-37. (a) The bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any bank having the power of a trust company, or any trust company. The trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the holders of the bonds 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 exercise of its powers and the custody, investing, safekeeping, and application of all money. The authority may provide by the trust 2794 JOURNAL OF THE SENATE indenture for the payment of the proceeds of the bonds and any lease or installment purchase payments to the trustee under the trust indenture or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the authority. (b)(1) Any bond resolution or related trust indenture may contain the following provisions, which must be a part of the contract with the holders of the bonds to be authorized: (A) Pledging or assigning the lease or installment purchase payments made for the equipment or pledging or assigning the contract rights under the leases or installment purchase contracts with the participating county governments whose equipment has been financed with the proceeds of such bonds or other specified revenues or property of the authority; (B) The rentals, installment purchase payments, fees, and other amounts to be charged by the authority, the schedule of payments, the sums to be raised in each year thereby, and the use, investment, and disposition of such sums; (C) Setting aside any reserves or sinking funds and the regulation, investment, and disposition thereof; (D) Limitation on the use of the equipment; (E) Limitations on the purpose for which or the investments in which the proceeds of sale of any series of bonds then or thereafter may be applied; (F) Limitations on the issuance of additional bonds, terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (G) The refunding of outstanding bonds; (H) The procedure, if any, by which the terms of any contract with holders of the bonds may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given, and restrictions on the individual rights of action by holders of the bonds; (I) Acts or omissions that constitute a default in the duties of the authority to holders of its bonds and providing the rights and remedies of such holders in the event of default; and (J) Any other matters relating to the bonds that the authority considers desirable. (2) Bonds of the authority may also be secured by and payable from a pooling of leases or of installment purchase contracts whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of equipment with two or more participating county governments, as lessees, or assign its rights as seller and pledge the installment purchase payments under two or more installment purchase contracts of equipment with two or more participating county governments, as purchasers, upon such terms as may be provided for in bond resolutions, trust indentures, or other instruments under which such bonds are issued. (c) Every series of bonds is payable solely out of revenues, assets, or money of the authority as the authority determines, subject only to any agreements with the holders THURSDAY, MARCH 26, 2009 2795 of particular bonds pledging any particular money or revenue. The bonds may be additionally secured by a pledge of any grant, contribution, or guarantee from the federal government or any corporation, association, institution, or person or a pledge of any money, income, or revenue of the authority from any source. 36-93-38. Neither the members of the authority nor any person executing bonds on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. 36-93-39. Bonds issued under this article shall not be deemed to constitute a debt or pledge of the faith and credit of this state or any political subdivision thereof within the meaning of any provision of the Constitution or laws of this state. Bonds issued by the authority shall not directly, indirectly, or contingently obligate this state or any of its political subdivisions to levy or to pledge any form of taxation whatever for those bonds or to make any appropriation for the payment thereof; and all such bonds or other obligations of the authority shall contain recitals on their face covering substantially the foregoing provisions of this Code section. 36-93-40. The creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article; the state covenants with the holders of the bonds and any interest coupons appertaining thereto that the authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any of the property acquired or leased or sold by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the equipment acquired by it or upon any fees, rentals, charges, or purchase price, received in installments or otherwise, pertaining to such equipment or upon other income received by the authority; that the bonds of the authority, their transfer, and the interest and income therefrom shall at all times be exempt from taxation within this state; and that the recording of any indenture or security agreement by the authority shall be exempt from recording taxes and fees and from intangibles tax. The tax exemption provided in this Code section shall not include any exemption from sales or use tax on property purchased by the authority or for use by the authority, except that the authority shall be entitled to such exemption on property as is available to the participating county government pursuant to Article 1 of Chapter 8 of Title 48. 36-93-41. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of any of its officers shall not be diminished or impaired 2796 JOURNAL OF THE SENATE in any manner that will affect adversely the interest and right of the holders of such bonds. This article shall be for the benefit of the holders of any such bonds and, upon the issuance of the bonds as provided in this article, such provisions shall constitute a contract with the holders of such bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of such bonds, and the duties of the authority under any such bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. 36-93-42. All moneys received by the authority pursuant to this article, whether as grants or other contributions or as revenues, rents, installment purchase payments, and earnings, shall be held in trust and applied solely as provided for in this article. 36-93-43. The authority may hold title to any equipment financed by it but shall not be required to do so. 36-93-44. The authority's legal situs or residence for the purpose of this article shall be Fulton County. Any action to protect or enforce any rights under this article, including the validation of revenue bonds issued by the authority as permitted in this article, shall be brought in the Superior Court of Fulton County, and such court shall have exclusive original jurisdiction of all such actions. 36-93-45. Nothing in this article may be construed as a restriction or limitation upon any powers that the authority might otherwise have under any other law of this state, and this article is cumulative to such powers. This article shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized and shall be construed as supplemental to powers conferred by any other laws. The adoption by the authority of bylaws and rules and the issuance of bonds by the authority under this article need not comply with the requirements of any other state laws applicable to the adoption of bylaws and rules and the issuance of bonds, notes, and other obligations. No proceedings, notice, or approval is required for the issuance of any bonds or any instrument or the security therefor or for the proper conduct of the authority's business, affairs, or operations, except as provided in this article. 36-93-46. This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect its purposes." SECTION 2. Said title is further amended in paragraph (6) of Code Section 36-82-250, relating to THURSDAY, MARCH 26, 2009 2797 definitions regarding qualified interest rate management agreements, as follows: "(6) 'Local governmental entity' means: (A) Any any governmental body as defined in paragraph (2) of Code Section 3682-61, as amended; provided, however, that such term shall only include authorities which are local public authorities included in the definition thereof set forth in subparagraphs (C) and (D) of paragraph (2) of Code Section 36-82-61, as amended; (B) The Local Government Equipment Financing Authority created by Article 1 of Chapter 93 of this title; and (C) The County Government Equipment Financing Authority created by Article 2 of Chapter 93 of this title." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber 2798 JOURNAL OF THE SENATE Y Hamrick E Harbison Y Harp Y Powell Y Ramsey Y Reed Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 553, having received the requisite constitutional majority, was passed by substitute. Senator Thompson of the 33rd was excused for business outside the Senate Chamber. SR 444. By Senators Butler of the 55th, Reed of the 35th, Buckner of the 44th, Seay of the 34th, Orrock of the 36th and others: A RESOLUTION remembering the life of Brittany Sharnay Wells and endorsing the establishment of the Brittany Sharnay Wells Act in her honor; and for other purposes. The Senate Education and Youth Committee offered the following substitute to SR 444: A RESOLUTION Remembering the life of Brittany Sharnay Wells and endorsing the establishment of the Brittany Sharnay Wells Act in her honor; and for other purposes. WHEREAS, Brittany Sharnay Wells was a beautiful and extraordinary young woman and Georgia teenager, whose life ended tragically as a result of an act of teen dating violence; and WHEREAS, teen dating violence is a pattern of controlling and abusive behavior of one person over another within a personal relationship which includes verbal, emotional, physical, and sexual abuse; and WHEREAS, due to their youth and inexperience, teens are more vulnerable to dating violence and less likely to recognize an abusive situation; and WHEREAS, teen dating violence has become a prevalent problem in high schools and middle schools across America, and one in three teens report experiencing some kind of abuse in their romantic relationships; and WHEREAS, girls and women between the ages of 16 and 24 experience the highest rate of intimate partner violence, and of the young women murdered each year between the ages of 15 and 19, 30 percent are killed by their boyfriend or husband; and THURSDAY, MARCH 26, 2009 2799 WHEREAS, recent studies have shown that teen dating violence is starting at an early age, reporting that many 11 to 14 year olds are able to identify aspects of teen dating abuse in their social lives; and WHEREAS, early abusive relationship experiences can be a precursor to dating violence and abuse among older teens and can perpetuate a culture of acceptance of this type of behavior within our society; and WHEREAS, education is the best mechanism to stop teen dating violence and is crucial to create a culture of intolerance for teen dating abuse; and WHEREAS, the Brittany Sharnay Wells Act would require educational and school policies that would teach Georgia students to recognize dating violence, help prevent dating violence among our state's young persons, and help protect Georgia parents from the greatest of all tragedies: losing a child; and WHEREAS, at the 2008 Summer Meeting of the National Association of Attorneys General, attorneys general from across the nation including Georgia's own Attorney General Thurbert Baker passed a resolution encouraging schools to develop teen dating violence awareness curriculums. NOW THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body join together to express their deepest regret at the passing of Brittany Sharnay Wells, extend their most sincere condolences to her family, and do hereby endorse the establishment of the Brittany Sharnay Wells Act in her honor. 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 Brittany Sharnay Wells. 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 Buckner Y Bulloch Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims 2800 JOURNAL OF THE SENATE Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick E Harbison Y Harp E Hooks Y Hudgens Y Jackson,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 0. SR 444, having received the requisite constitutional majority, was adopted by substitute. The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Hill of the 4th HB 68. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Balfour of the 9th. The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 68: A BILL TO BE ENTITLED AN ACT To amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and professions and business, respectively, so as to provide for regulation of certain areas related to deceased individuals; to provide for the ability for individuals to provide through a preneed contract for the disposition of their bodies after death; to provide for THURSDAY, MARCH 26, 2009 2801 the persons who may direct the disposition of a person's body after the person's death; to provide for the forfeiture of the right of disposition under certain circumstances; to provide for resolving conflicting claims; to provide for immunity for funeral homes that act in good faith on such directions for disposition; to restrict the location of certain crematories; to provide for a procedure for the disposition of cremains after a certain time period; to provide for certain costs and fees to be paid by the authorizing agent; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Code section to read as follows: "31-21-7. (a) A person who is 18 years of age or older and of sound mind, by entering into a preneed contract, as defined in paragraph (30) of Code Section 10-14-3, may direct the location, manner, and conditions of the disposition of the person's remains and the arrangements for funeral goods and services to be provided upon the person's death. The disposition directions and funeral prearrangements that are contained in a preneed contract shall not be subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person the decedent has appointed in the preneed contract as the person authorized to cancel or revise the terms of the preneed contract or unless any resources set aside to fund the preneed contract are insufficient under the terms of the preneed contract to carry out the disposition directions and funeral prearrangements contained therein. (b) Except as provided in subsection (c) of this Code section, the right to control the disposition of the remains of a deceased person; the location, manner, and conditions of disposition; and arrangements for funeral goods and services to be provided vests in the following, in the order named, provided that such person is 18 years or older and is of sound mind: (1)(A) A person designated by the decedent as the person with the right to control the disposition in an affidavit executed in accordance with subparagraph (B) of this paragraph. (B) A person who is 18 years of age or older and of sound mind wishing to authorize another person to control the disposition of his or her remains may execute an affidavit before a notary public in substantially the following form: 'State of Georgia County of _______ I, _______________, do hereby designate ________________ with the right to control the disposition of my remains upon my death. I __ have __ have not attached specific directions concerning the disposition of my remains with which the designee shall substantially comply, provided that such directions are lawful and there are sufficient resources in my estate to carry out the directions. 2802 JOURNAL OF THE SENATE Subscribed and sworn to before me this ___ day of the month of _____ of the year _____. ___________________(signature of affiant) ___________________(signature of notary public)'; (2) The surviving spouse of the decedent; (3) The sole surviving child of the decedent or, if there is more than one child of the decedent, the majority of the surviving children; provided, however, that less than one-half of the surviving children shall be vested with the rights under this Code section if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving children; (4) The surviving parent or parents of the decedent. If one of the surviving parents is absent, the remaining parent shall be vested with the rights and duties under this Code section after reasonable efforts have been unsuccessful in locating the absent surviving parent; (5) The surviving brother or sister of the decedent or, if there is more than one sibling of the decedent, the majority of the surviving siblings; provided, however, that less than the majority of surviving siblings shall be vested with the rights and duties under this Code section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving siblings; (6) The surviving grandparent of the decedent or, if there is more than one surviving grandparent, the majority of the grandparents; provided, however, that less than the majority of the surviving grandparents shall be vested with the rights and duties under this Code section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving grandparents; (7) The guardian of the person of the decedent at the time of the decedent's death if one had been appointed; (8) The personal representative of the estate of the decedent; (9) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition; (10) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator, or employee responsible for arranging the final disposition of decedent's remains; or (11) In the absence of any person under paragraphs (1) through (10) of this subsection, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under paragraphs (1) through (10) of this subsection. THURSDAY, MARCH 26, 2009 2803 (c) A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next qualifying person as listed in subsection (b) of this Code section, in the following circumstances: (1) Any person charged with murder or voluntary manslaughter in connection with the decedent's death and whose charges are known to the funeral director; provided, however, that, if the charges against such person are dismissed or if such person is acquitted of the charges, the right of disposition is returned to the person; (2) Any person who does not exercise his or her right of disposition within two days of notification of the death of decedent or within three days of decedent's death, whichever is earlier; (3) If the person and the decedent are spouses and a petition to dissolve the marriage was pending at the time of decedent's death; or (4) Where the probate court pursuant to subsection (d) of this Code section determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this Code section, the term 'estranged' means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (d) Notwithstanding subsections (b) and (c) of this Code section, the probate court for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition and may make decisions regarding the decedent's remains if those sharing the right of disposition cannot agree. The following provisions shall apply to the court's determination under this subsection: (1) If the persons holding the right of disposition are two or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral home with custody of the remains may file a petition asking the probate court to make a determination in the matter; (2) In making a determination under this subsection, the probate court shall consider the following: (A) The reasonableness and practicality of the proposed funeral arrangements and disposition; (B) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (C) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition; (D) The convenience and needs of other families and friends wishing to pay respects; (E) The desires of the decedent; and (F) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect; (3) In the event of a dispute regarding the right of disposition, a funeral home shall 2804 JOURNAL OF THE SENATE not be liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral home receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. If the funeral home retains the remains for final disposition while the parties are in disagreement, the funeral home may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the probate court and may add the cost of embalming or refrigeration and sheltering to the final disposition costs. If a funeral home brings an action under this subsection, the funeral home may add the legal fees and court costs associated with a petition under this subsection to the cost of final disposition. This subsection may not be construed to require or to impose a duty upon a funeral home to bring an action under this subsection. A funeral home and its employees shall not be held criminally or civilly liable for choosing not to bring an action under this subsection; and (4) Except to the degree it may be considered by the probate court under subparagraph (C) of paragraph (2) of this subsection, the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition shall not give that person a greater claim to the right of disposition than the person would otherwise have. The personal representative of the estate of the decedent shall not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have. (e) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition. A funeral home shall have the right to rely on such funeral service agreement or authorization and shall have the authority to carry out the instructions of the person or persons the funeral home reasonably believes holds the right of disposition. The funeral home shall have no responsibility to contact or to independently investigate the existence of any next of kin or relative of the decedent. If there is more than one person in a class who are equal in priority and the funeral home has no knowledge of any objection by other members of such class, the funeral home shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements, provided that no other person in such class provides written notice of his or her objections to the funeral home. (f) No funeral home or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions." SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (a) of Code Section 43-18-72, relating to THURSDAY, MARCH 26, 2009 2805 crematories to be licensed, equipment, facilities, and personnel, application, reports, and limitation of single body in retort, as follows: "43-18-72. (a)(1) It shall be unlawful for any person, firm, corporation, or association to operate a crematory without first obtaining a separate license for such purpose from the board in accordance with this article. The crematory must be at a specific address or location and must meet the following requirements and have the following minimum equipment, facilities, and personnel: (1)(A) A room with seating for a minimum of 30 people in which funeral services may be conducted; (2)(B) A display room containing an adequate supply of urns; (3)(C) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration; (4)(D) At least one operable retort for cremation; (5)(E) At least one operable processing station for grinding of cremated remains; and (6)(F) At least one church truck; and (G) Not be located within 1,000 feet of a residential subdivision platted and recorded in the office of the clerk of the superior court of a county in which such residential subdivision is located. (2)(A) provided, however, that the The provisions of paragraphs (1), (2), and (6) subparagraphs (A), (B), and (F) of paragraph (1) of this subsection shall not apply to crematories which provide cremation services only to other funeral establishments. (2)(B) The provision of paragraph (G) of paragraph (1) of this subsection shall only apply to the issuance or renewal of any license on or after the effective date of this subparagraph for any stand-alone crematory that was not in operation as of such effective date. For purposes of this subparagraph, the term 'stand-alone crematory' shall mean a crematory that is not located on or adjacent to a tract or parcel of land which contains a funeral establishment." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "43-18-80. (a) For the purposes of this Code section, 'authorizing agent' means a person legally entitled to authorize the cremation of human remains. (b) The authorizing agent shall provide to the funeral establishment in which the cremation arrangements are made a signed statement specifying the ultimate disposition of the cremated remains, if known. A copy of this statement shall be retained by the funeral establishment offering or conducting the cremation. (c) Cremated remains shall be shipped only by a method that has an internal tracking system available and that provides a receipt signed by the person accepting delivery. (d) The authorizing agent shall be responsible for the disposition of the cremated remains. If, after 60 days from the date of cremation, the authorizing agent or his or her 2806 JOURNAL OF THE SENATE representative has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment or entity in possession of the cremated remains shall send a notification to the authorizing agent notifying him or her that, pursuant to this subsection, failure to respond to such notification and specify the final disposition of the cremains within 30 days of the transmission of such notice shall authorize the funeral establishment to make arrangements for the disposition of the cremains. If, after 30 days, the funeral establishment or entity in possession of the cremated remains has not received instructions from the authorizing agent describing a specific method of disposing of the cremains, the funeral establishment or entity in possession of the cremains shall be authorized to dispose of the cremated remains in a dignified and humane manner by entombing such cremains in a crypt or underground in accordance with local and state law or by storage in the funeral establishment. The final resting place of the cremains shall be clearly marked and recorded by the funeral establishment entombing the cremains. Any costs or fees incurred to entomb, inter, or disinter the cremains shall be the responsibility of the authorizing agent; provided, however, that such cost shall not exceed $100.00." 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby E Douglas Y Fort Y Goggans Y Golden Y Hawkins Y Heath Y Henson E Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman THURSDAY, MARCH 26, 2009 2807 Y Grant Y Hamrick E Harbison Y Harp Y Pearson Y Powell Y Ramsey Y Reed Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 68, having received the requisite constitutional majority, was passed by substitute. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. HB 93. By Representatives Sims of the 119th, Harbin of the 118th and Anderson of the 117th: A BILL to be entitled an Act to amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to provide authorization for the authority to take partial and joint ownership interests in real property, to create nonprofit subsidiaries, to create investment or revolving loan funds using bond money as seed funds, and to invest in equity investments managed by third-party managers; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jackson 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: Y Adelman Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Hawkins Y Heath Y Henson E Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson 2808 JOURNAL OF THE SENATE Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 93, having received the requisite constitutional majority, was passed. HB 123. By Representatives Ramsey of the 72nd, Bearden of the 68th, Williams of the 178th, Levitas of the 82nd, Peake of the 137th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The Senate Judiciary Committee offered the following substitute to HB 123: A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for venue; 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 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising Code Section 16-6-4, relating to child molestation and aggravated child molestation, as follows: "16-6-4. (a) A person commits the offense of child molestation when he or she does such person: (1) Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or (2) By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under THURSDAY, MARCH 26, 2009 2809 the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b)(1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. (2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when: (A) The victim is at least 13 but less than 16 years of age; (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1. (e) A person shall be subject to prosecution in this state pursuant to Code Section 17-21 for any conduct made unlawful by paragraph (2) of subsection (a) of this Code section which the person engages in while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides in this state; or (2) Within this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides within or outside this state." 2810 JOURNAL OF THE SENATE 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 53, nays 0. HB 123, having received the requisite constitutional majority, was passed by substitute. HB 181. By Representatives Austin of the 10th, Roberts of the 154th, Powell of the 171st, Harden of the 28th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Code Section 48-8-67 of the Official THURSDAY, MARCH 26, 2009 2811 Code of Georgia Annotated, relating to distributions of unidentifiable sales and use tax proceeds, so as to repeal certain provisions regarding limitations on the state revenue commissioner's authority to make certain distributions; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Butterworth of the 50th. The report of the committee, which was favorable to the passage of the bill, was agreed 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 Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 52, nays 0. HB 181, having received the requisite constitutional majority, was passed. HB 195. By Representatives Williams of the 178th, Ramsey of the 72nd, Levitas of the 82nd, Maddox of the 127th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide that members of an electric membership corporation shall be qualified to serve as a juror or grand juror in cases in which the electric membership corporation 2812 JOURNAL OF THE SENATE is a party or is interested; to provide for related matters; 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 Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 195, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to THURSDAY, MARCH 26, 2009 2813 reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Unterman of the 45th asked unanimous consent that the Senate insist on its substitute to HB 228. The consent was granted, and the Senate insisted on its substitute to HB 228. 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 793. By Representative Sims of the 169th: A BILL to be entitled an Act to create the City of Pearson Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for a principal office; to provide for validation; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 794. 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. 2814 JOURNAL OF THE SENATE HB 795. HB 796. HB 797. HB 798. 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, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 12, 2008 (Ga. L. 2008, p. 3774), so as to provide for staggered terms of office for chairperson and commissioners; to provide for implementation of such terms of office; to revise the requirements regarding the publication of receipts, expenditures, and disbursements; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Sellier of the 136th: A BILL to be entitled an Act to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), so as to change the composition of the authority; to change the manner of appointment; to provide for terms; to provide for staff; to provide for meetings; to provide for duties; to provide for related matters; to repeal conflicting laws; and for other purposes. 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 provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes. By Representative Lane of the 167th: A BILL to be entitled an Act to create a board of elections and registration for Long 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 qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act 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. THURSDAY, MARCH 26, 2009 2815 HB 799. HB 800. HB 801. HB 802. 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 Carnesville, approved April 13, 2001 (Ga. L. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to exchange the corporate boundaries of the city; to repeal conflicting laws; and for other purposes. By Representatives Rynders of the 152nd and Fullerton of the 151st: A BILL to be entitled an Act to provide for the consolidation and unification of the existing governments of the City of Albany and Dougherty County, Georgia; to provide for the creation of the consolidated and unified government of Albany-Dougherty County, Georgia; to provide for the status, boundaries, and powers of the consolidated and unified government; to provide for the form of, administration of, and affairs of the consolidated and unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum election with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes. 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 amend an Act creating the Gainesville Redevelopment Authority, approved March 24, 1978 (Ga. L. 1978, p. 4440), so as to modify the composition and organization of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. 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 a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to select its mayor by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. 2816 JOURNAL OF THE SENATE HB 803. HB 804. HB 805. HB 806. HB 807. 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 a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to elect its chairperson of the board of education by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Peake of the 137th, Sellier of the 136th and Epps of the 140th: A BILL to be entitled an Act to authorize the governing authority of Bibb County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Peake of the 137th, Epps of the 140th and Cole of the 125th: A BILL to be entitled an Act to authorize the governing authority of the City of Macon to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend an Act creating the Gilmer County Kids Kottage Commission, approved May 14, 2008 (Ga. L. 2008, p. 4459), so as to change the number and composition of the membership; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Lucas of the 139th, Epps of the 140th and Randall of the 138th: A BILL to be entitled an Act to authorize the governing authority of the City of Macon to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 26, 2009 2817 HB 808. HB 809. HB 810. HB 811. 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), by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4278), so as to revise the manner of selection of the members of the authority; to revise the manner of tabulating the votes for members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives O`Neal of the 146th, Harden of the 147th, Sellier of the 136th and Talton of the 145th: A BILL to be entitled an Act to create the Warner Robins Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for exemptions from taxation; to provide for tort immunity; to repeal conflicting laws; and for other purposes. By Representative Holt of the 112th: A BILL to be entitled an Act to authorize the governing authority of the City of Covington to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Glanton of the 76th, Baker of the 78th, Johnson of the 75th, Abdul-Salaam of the 74th, Jordan of the 77th and others: A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3838), and by an Act approved March 15, 1988 (Ga. L. 1988, p. 3933), and 2818 JOURNAL OF THE SENATE by an Act approved April 4, 1996 (Ga. L. 1996, p. 4083), so as to provide an additional judge for the State Court of Clayton 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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 812. By Representatives Mitchell of the 88th, Mosby of the 90th, Mayo of the 91st, Abrams of the 84th, Mangham of the 94th and others: A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3779), so as to change certain provisions relating to the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 816. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to provide for a new charter for the City of Ringgold; 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 an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The Calendar was resumed. HB 248. By Representatives Barnard of the 166th, Ehrhart of the 36th, Drenner of the 86th, Everson of the 106th, Reese of the 98th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment THURSDAY, MARCH 26, 2009 2819 for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 248: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, is amended by adding a new part to read as follows: "Part 3 12-8-100. This part shall be known and may be cited as the 'Georgia Voluntary Remediation Program Act.' 12-8-101. (a) It is declared to be the public policy of the State of Georgia to encourage the voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing 2820 JOURNAL OF THE SENATE human and environmental exposure to safe levels, to protect current and likely future use of groundwater, and to ensure the cost-effective allocation of limited resources that fully accomplish the provisions, purposes, standards, and policies of this part. (b) The General Assembly declares its intent to encourage voluntary and cost-effective investigation and remediation of qualifying properties under this part and that provisions of this part shall apply and take precedence over any conflicting provisions, regulations, or policies existing under Part 2 of this article with regard to any properties properly enrolled in the voluntary remediation program created under this part. 12-8-102. (a) Unless otherwise provided in this part, the definition of all terms included in Code Sections 12-8-62, 12-8-92, and 12-8-202 shall be applicable to this part. (b) As used in this part, the term: (1) 'Cleanup standards' means those rules and regulations adopted by the board pursuant to Code Section 12-8-93. (2) 'Constituents of concern' means the specific regulated substances that may contribute to unacceptable exposure at a site. (3) 'Controls' means institutional controls or engineering controls. (4) 'Engineering controls' means any physical mechanism, device, measure, system, or actions taken at a property that minimize the potential for exposure, control migration or dispersal, or maintain the effectiveness of other remedial actions. Engineering controls may include, without limitation, caps, covers, physical barriers, containment structures, leachate collection systems, ground water or surface water control systems, solidification, stabilization, treatment, fixation, slurry walls, and vapor control systems. Engineered property development features shall be acceptable as engineering controls provided these features physically control or eliminate the potential for exposure to contaminants of concern or control migration. (5) 'Exposure' means contact of a constituent of concern with a receptor. (6) 'Exposure domain' means the contaminated geographical area or areas of a site that can result in exposure to a particular receptor by a specified exposure pathway: the soil exposure domain for routine surficial contact with site soils is the soil area impacted by site constituents of concern from the ground surface down to a depth of two feet below ground surface; the soil exposure domain for exposure of construction workers or underground utility workers is the impacted area of site soils from the ground surface down to the depth of construction; and the soil exposure domain for protection of groundwater at an established point of exposure is the impacted area of site soils from the ground surface down to the uppermost groundwater zone. (7) 'Exposure pathway' means a route by which a receptor comes into contact with a constituent of concern. (8) 'Fate and transport parameters' means quantitative factors that describe the various media through which constituents of concern migrate from a source of release to a receptor. (9) 'Institutional controls' means legal or administrative measures that minimize the THURSDAY, MARCH 26, 2009 2821 potential for human exposure to contaminants of concern or protect and enhance the integrity of a remedy or engineering controls. Examples include, without restriction: easements, covenants, deed notices, well drilling or groundwater use prohibitions, zoning restrictions, digging restrictions, orders, building permit conditions, and landuse restrictions. (10) 'Point of demonstration wells' means monitoring wells located between the source of site groundwater contamination and the actual or estimated downgradient point of exposure. (11) 'Point of exposure' means the nearest of the following locations: (A) The closest existing down gradient drinking water supply well; (B) The likely nearest future location of a downgradient drinking water supply well where public supply water is not currently available and is not likely to be made available within the foreseeable future; or (C) The hypothetical point of drinking water exposure located at a distance of 1000 feet downgradient from the delineated site contamination under this part. (12) 'Proof of financial assurance' means a mechanism, in a form specified by the director, designed to demonstrate that sufficient funds will be available to implement and maintain specific actions or controls. Mechanisms for proof of financial assurance include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, performance bonds, certificates of deposit, financial tests, and corporate guarantees. (13) 'Receptor' means any human or sensitive organism which is or has the reasonable potential to be adversely affected by the release of constituents of concern. (14) 'Representative concentration' means the average concentration to which a specified receptor is exposed over an exposure duration within a relevant exposure domain for soils or at an established or estimated point of exposure for groundwater and consistent with United States Environmental Protection Agency guidance for determination of average exposure concentration. (15) 'Voluntary remediation program' means the program established under this part. (16) 'Voluntary remediation property' means a qualifying property enrolled in the voluntary remediation program. (17) 'Technical impracticability' means the inability to fully delineate or remediate contamination without incremental expenditures disproportionate to the incremental benefit. An example may include, without limitation, dense non-aqueous phase liquids in fractured bedrock settings. 12-8-103. The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as necessary to provide for the investigation and remediation of voluntary remediation properties, to the extent necessary to facilitate the accomplishment of the provisions, purposes, standards, and policies of this part. 2822 JOURNAL OF THE SENATE 12-8-104. (a) The director shall have the power and duty: (1) To make determinations, in accordance with procedures and criteria enumerated in this part, as to whether a property qualifies and an applicant is eligible for the voluntary remediation program; (2) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, voluntary remediation plans; (3) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, compliance status reports; (4) To concur with certifications of compliance; (5) To collect application fees from participants; and (6) To grant waivers of all or any portion of the fees provided by this part for any small business or for any county, municipality, or other political subdivision of this state. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper. 12-8-105. In order to be considered a qualifying property for the voluntary remediation program under this part, a property shall meet the following criteria: (1) The property must be listed on the inventory under Part 2 of this article or be a property which meets the criteria of Code Section 12-8-205 or otherwise have a release of regulated substances into the environment; (2) The property shall not: (A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency; or (C) Be a facility required to have a permit under Code Section 12-8-66; (3) Qualifying the property under this part would not violate the terms and conditions under which the division operates and administers remedial programs by delegation or similar authorization from the United States Environmental Protection Agency; and (4) Any lien filed under subsection (e) of Code Section 12-8-96 or subsection (b) of Code Section 12-13-12 against the property shall be satisfied or settled and released by the director pursuant to Code Section 12-8-94 or Code Section 12-13-6. 12-8-106. A participant in the voluntary remediation program must meet the following criteria: (1) Be the property owner of the voluntary remediation property or have express permission to enter another's property to perform corrective action including, to the THURSDAY, MARCH 26, 2009 2823 extent applicable, implementing controls for the site pursuant to written lease, license, order, or indenture; (2) Not be in violation of any order, judgement, statute, rule, or regulation subject to the enforcement authority of the director; and (3) Meet other such criteria as may be established by the board pursuant to Code Section 12-8-103. 12-8-107. (a) In order to enroll any qualifying property in the voluntary remediation program described in this part, an applicant shall submit to the director a voluntary remediation plan prepared by a registered professional engineer or a registered professional geologist who is registered with the State Board of Registration for Professional Engineers and Land Surveyors or the State Board of Registration for Geologists and who has experience in responsible charge of the investigation and remediation of such releases. The voluntary remediation plan shall be in such streamlined form as may be prescribed by the director; provided, however, that the plan shall, at minimum, enumerate and describe those actions planned to bring the qualifying property into compliance with the applicable cleanup standards, with one or more registered professionals to be retained by the applicant at its sole cost to oversee the investigation and remediation described in the plan; all in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program. The voluntary remediation plan shall be considered an application for enrollment in the voluntary remediation program, and a nonrefundable application fee of $5,000.00 shall be submitted with the application. The director may, at any time, invoice the participant for any costs to the division in reviewing the application or subsequent document that exceed the initial application review fee, including reasonably detailed itemization and justification of the costs. Failure to remit payment within 60 days of receipt of such invoice may cause rejection of the participant from the voluntary remediation program. The director may not issue a written concurrence with a certification of compliance if there is an outstanding fee to be paid by the participant. (b) Upon the director's approval of the voluntary remediation plan described in subsection (a) of this Code section, the qualifying property shall be deemed enrolled, and the applicant deemed a participant, in the voluntary remediation program. It shall be the responsibility of the participant to cause one or more registered professionals to oversee the implementation of said plan in accordance with the provisions, purposes, standards, and policies of this part. The registered professional shall submit at least semi-annual status reports to the director describing the implementation of the plan during the preceding period. Upon request of the applicant, the director shall have the discretion to approve annual or longer periods for submittal of status reports. Within 30 days of the director's approval of the voluntary remediation plan described in subsection (a) of this Code section, the director shall cause any relevant voluntary remediation property listed on the inventory under Part 2 of this article to be designated as undergoing corrective action pursuant to the voluntary remediation program. 2824 JOURNAL OF THE SENATE (c) The director may issue an order requiring the participant to submit proof of financial assurance for continuing actions or controls upon issuance of the director's approval with the voluntary remediation plan. (d) The participant may terminate at any time the enrollment of the property in the voluntary remediation program and the participant's requirements under this part. The director may terminate, at any time prior to approval of the compliance status report described in subsection (e) of this Code section, the enrollment of the property in the voluntary remediation program and the participant's requirements under this part if the director determines that either: (1) The participant has failed to implement the voluntary remediation plan in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program; or (2) Such continued enrollment would result in a condition which poses an imminent or substantial danger to human health and the environment. (e) Upon completion of corrective action under this Code section, the participant shall cause to be prepared a compliance status report confirming consistency of the corrective action with the provisions, purposes, standards, and policies of the voluntary remediation program and certifying the compliance of the relevant voluntary remediation property with the applicable cleanup standards in effect at the time. (f) Upon receipt of the compliance status report described in subsection (d) of this Code section, a decision of concurrence with the report and certification shall be issued on evidence satisfactory to the director that it is consistent with the provisions, purposes, standards, and policies of the voluntary remediation program. The participant shall comply with the applicable public participation requirements for compliance status reports as promulgated pursuant to Part 2 of this article. Within 90 days of the director's written concurrence, the director shall cause the property to be removed from the inventory under Part 2 of this article. (g) In addition to other provisions of this part: (1) The director shall remove the voluntary remediation property from the inventory if the participant demonstrates to the director at the time of enrollment, in accordance with rules and regulations promulgated by the board pursuant to Part 2 of this article, that a release exceeding a reportable quantity does not exist at the voluntary remediation property, unless the director issues a decision that such release poses an imminent or substantial danger to human health and the environment; (2) The participant shall not be required to perform corrective action or to certify compliance for groundwater if the voluntary remediation property was listed on the inventory as a result of a release to soil exceeding a reportable quantity for soil but was not listed on the inventory as a result of a release to groundwater exceeding a reportable quantity, and if the participant further demonstrates to the director at the time of enrollment that a release exceeding a reportable quantity for groundwater does not exist at the voluntary remediation property; and the groundwater protection requirements for soils shall be based on protection of the established point of exposure for groundwater as provided under this part. The director may require THURSDAY, MARCH 26, 2009 2825 annual groundwater monitoring for up to five years for a voluntary remeditation property removed from the inventory pursuant to this paragraph unless the director determines that further monitoring is necessary to protect human health and the environment; and (3) The limitations provided under subparagraph (c)(3)(B) of Code Section 12-2-2 shall not apply to the director's decisions or actions under this part. (h) Any voluntary remediation property or site relying on controls, including, but not limited to, groundwater use restrictions for the purposes of certifying compliance with cleanup standards, shall execute a covenant restricting such use in conformance with O.C.G.A. 44-16-1, et seq., the 'Georgia Uniform Environmental Covenants Act.' The division shall maintain an inventory of such properties as provided for in that statute. 12-8-108. At the participant's option, any or all of the following standards and policies may be considered and used in connection with the investigation and remediation of a voluntary remediation property under this part: (1) SITE DELINEATION CONCENTRATION CRITERIA. Satisfactory evidence of the definition of the horizontal and vertical delineation of soil or groundwater contamination for the purposes of this part may be determined on the basis of any of the following concentrations; provided, however, that the provisions of subparagraphs (B) and (C) of this paragraph shall not be used if the concentrations are higher than as provided in subparagraph (E) of this paragraph: (A) Concentrations from an appropriate number of samples that are representative of local ambient or anthropogenic background conditions not affected by the subject site release; (B) Soil concentrations less than those concentrations that require notification under standards promulgated by the board pursuant to Part 2 of this article; (C) Two times the laboratory lower detection limit concentration using an applicable analytical test method recognized by the United States Environmental Protection Agency, provided that such concentrations do not exceed all cleanup standards; (D) For metals in soils, the concentrations reported for Georgia undisturbed native soil samples as reported in the United States Geological Survey (USGS) Open File Report 8 1-197 (Boerngen and Shacklette, 1981), or such later version as may be adopted by rule or regulation of the board; or (E) Default, residential cleanup standards; (2) EXPOSURE PATHWAY. A site-specific exposure pathway shall be considered complete if there are no discontinuities in or impediments to constituent of concern movement, including without limitation controls, from the source of the release to the receptor. Otherwise, the exposure pathway shall be incomplete and there shall be no exposure pathway that requires evaluation; (3) REPRESENTATIVE EXPOSURE CONCENTRATIONS. Compliance with sitespecific cleanup standards shall be determined on the basis of representative 2826 JOURNAL OF THE SENATE concentrations of constituents of concern in soils across each applicable soil exposure domain, and the representative concentrations for groundwater at a point of exposure; (4) POINT OF DEMONSTRATION MONITORING FOR GROUNDWATER. Concentrations of site-specific constituents of concern in groundwater shall be measured and evaluated at a point of demonstration well to demonstrate that groundwater concentrations are protective of any established downgradient point of exposure; (5) CLEANUP STANDARDS FOR SOIL. Compliance with site-specific cleanup standards for soil may be based on: (A) Direct exposure factors for surficial soils within two feet of the land surface; (B) Construction worker exposure factors for subsurface soils to a specified subsurface construction depth; and (C) Soil concentrations for protection of groundwater criteria (at an established point of exposure for groundwater as defined under this part) for soils situated above the uppermost groundwater zone. Whenever such depth-specific soil criteria are applied, the voluntary remediation plan for the site shall include a description of the continuing actions and controls necessary to maintain compliance; (6) AVAILABLE CLEANUP STANDARDS. Any cleanup standard lawfully promulgated pursuant to Code Section 12-8-93 that is protective of human health and the environment and accomplishes the provisions, purposes, standards, and policies of this part may be used without demonstrating that a different cleanup standard is inappropriate or impracticable; (7) FATE AND TRANSPORT PARAMETERS. Compliance with site-specific cleanup standards may be determined on the basis of any fate and transport model recognized by the United States Environmental Protection Agency or United States Geological Survey and using most probable representative values for model parameters as adopted by the board; (8) SOURCE MATERIAL. Compliance with site-specific cleanup standards that require that source material be removed may be satisfied when such material is removed, decontaminated, or otherwise immobilized in the subsurface, to the extent practicable; and (9) TECHNICAL IMPRACTICABILITY. Site delineation or remediation beyond the point of technical impracticability shall not be required if the site does not otherwise pose an imminent or substantial danger to human health and the environment." SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 26, 2009 2827 Senator Tolleson of the 20th offered the following amendment #1 to the committee substitute: Amend the committee substitute to HB 248 by delete the word "does" on line 215 and replace with the word "did" On the adoption of the amendment, there were no objections, and the Tolleson 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 Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas 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 48, nays 4. HB 248, having received the requisite constitutional majority, was passed by substitute. HB 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official 2828 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. The Senate Judiciary Committee offered the following substitute to HB 254: A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to amend Code Section 19-8-5 of the Official Code of Georgia Annotated, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party, so as to require home studies for third-party adoptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising paragraph (2) of subsection (a) of Code Section 1511-55, relating to disposition of deprived child and policy favoring stable placements, as follows: "(2)(A) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following: (A)(i) Any individual including a putative father who, after study by the probation THURSDAY, MARCH 26, 2009 2829 officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B)(ii) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; (C)(iii) Any public agency authorized by law to receive and provide care for the child; provided, however, that for the purpose of this Code section, the term 'public agency' shall not include the Department of Juvenile Justice; or (D)(iv) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89. (B) Except for dispositions pursuant to paragraph (1) of subsection (a) of Code Section 15-11-66 and Code Section 15-11-67, before transferring temporary legal custody in an order of disposition under this paragraph a reasonably diligent search for within 30 days after the removal of a child from the custody of the parent or parents of the child, the department shall exercise due diligence to identify a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such search shall be completed within 90 days from the date on which the child was removed from the home, the. All identified adult relatives of the child, subject to exceptions due to family or domestic violence, shall be provided with notice: (i) Specifying that the child has been or is being removed from parental custody; (ii) Explaining the options the relative has to participate in the care and placement of the child and any options that may be lost by failing to respond to the notice; (iii) Describing the process for becoming an approved foster family home and the additional services and supports available for children placed in approved foster homes; and (iv) Describing any financial assistance for which the relative may be eligible. (C) The results of such search and notification shall be documented in writing and filed with the court at by the time of the first review. During such 90 30 day period, the court may order that the child may be placed in the temporary legal custody of the Department of Human Resources or any other appropriate entity or person. (D) The court shall order in its preliminary disposition that the parent or other legal guardian of the child shall provide within ten days the names and addresses of all relatives and other persons who might be considered as possible placements for the child. The parties shall have an ongoing duty to supplement this information during the course of the case at each judicial review or citizen panel review. The court shall include in all published summons a notice that this information must be provided. (E) The Council of Juvenile Court Judges shall be authorized to create uniform rules and forms to implement the provisions of this paragraph; or" SECTION 2. Said chapter is further amended by revising Code Section 15-11-103, relating to 2830 JOURNAL OF THE SENATE placement of child following termination order, custodial authority, and review of placement, as follows: "15-11-103. (a)(1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the child's extended family if such a person is willing and, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child, if the court determines such placement is the most appropriate for and in the best interest of the child. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. (2) If no placement of the child is effected under paragraph (1) of this subsection, the court may commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption, if the court determines such placement is the most appropriate for and in the best interest of the child. (3) If no placement of the child is effected under paragraph (1) or (2) of this subsection, the court may commit the child to a suitable individual on the condition that the person becomes the guardian of the person of the child pursuant to the court's authority under Code Section 15-11-30.1, if the court determines such placement is the most appropriate for and in the best interest of the child. (4) If no placement of the child is effected under paragraph (1), (2), or (3) of this subsection, the court may commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child in a foster home, if the court determines such placement is the most appropriate for and in the best interest of the child. (5) If no placement of the child is effected under paragraph (1), (2), (3), or (4) of this subsection, the court may commit the child to the custody of an agency or organization authorized by law to receive and provide care for children which is operated in a manner that provides such care, guidance, and control as would be provided in a family home as defined in the court's order, if the court determines that such placement is the most appropriate for and in the best interest of the child. (6) If no placement of the child is effected under paragraph (1), (2), (3), (4), or (5) of this subsection, the court may take other suitable measures for the care and welfare of the child. Upon the entering of an order terminating the parental rights of a parent, a placement may be made only if the court finds that such placement is in the best interest of the child and in accordance with the child's court approved permanency plan created pursuant to Code Section 15-11-58. In determining which placement is in the child's best interest, the court shall enter findings of fact reflecting its consideration of the following: (1) The child's need for a placement that offers the greatest degree of legal THURSDAY, MARCH 26, 2009 2831 permanence and security; (2) The least disruptive placement alternative for the child; (3) The child's sense of attachment and need for continuity of relationships; and (4) Any other factors the court deems relevant to its determination. (b) A placement effected under the provisions of this Code section shall be conditional upon the person who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement may be made under the terms of this Code section only if the court finds that such placement is in the best interest of the child. (c) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Office of Adoptions of the Department of Human Resources within 15 days of the filing of such order. (d) The custodian has authority to consent to the adoption of the child, the child's marriage, the child's enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. (e) In those cases in which the court has placed the child pursuant to a permanency plan of adoption, Except in those cases where the child was placed pursuant to paragraph (3) or (5) of subsection (a) of this Code section, if a petition seeking the adoption of the child is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement. In those cases where the child was placed with a guardian of the child's person pursuant to paragraph (3) of subsection (a) of this Code section, the guardian shall report to the court in the same manner and at the same frequency as is required for guardians of the person of minors appointed by the judge of the probate court. In those cases where the child was placed pursuant to paragraph (5) of subsection (a) of this Code section parental rights to the child were terminated without the designation of a permanent guardian or adoptive family, the court shall, at least every six months thereafter as long as the child remains subject to the jurisdiction of the court, review the circumstances of the child to determine that placement in the family home-like setting continues to be in the child's best interests interest." SECTION 3. Code Section 19-8-5 of the Official Code of Georgia Annotated, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party, is amended by adding a new subsection to read as follows: "(j.1) No third-party adoption shall occur prior to a home study of the prospective family conducted by the Department of Human Resources or a child-placing agency in accordance with rules and regulations of the Department of Human Resources. Such rules and regulations shall provide that any such home study is conducted in a similar manner to those required of child-placing agencies. This subsection shall not 2832 JOURNAL OF THE SENATE apply when: (1) The adoption is by a stepparent of the child pursuant to Code Section 19-8-6; or (2) The adoption is by a relative of the child pursuant to Code Section 19-8-7." 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 Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas 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. HB 254, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Reed of the 35th Tarver of the 22nd Tolleson of the 20th THURSDAY, MARCH 26, 2009 2833 HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st 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 for a limited period of time for the purchase of one eligible single-family residence; 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 repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Pearson of the 51st. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 26, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 261 Substitute (LC 18 8169S) Dear Chairman O'Neal: This bill would allow a taxpayer a one-time credit against income tax for the purchase of an eligible single family residence during a 6 month period. The credit would become available on the first day of the month following the effective date of the legislation. The credit would be 1.2% of the purchase price or $3,600, whichever is less, per taxpayer for 2834 JOURNAL OF THE SENATE a purchase of an eligible residence during the six month period. Thus, the credit would be $3,600 on homes with a purchase price of $300,000 or more. An eligible single family residence means a single family structure that is a new residence or a previously occupied residence that is for sale prior to the effective date and remains for sale after the effective date, as well as an owner occupied residence with respect to which the owner's acquisition debt is in default on or before March 1, 2009, or which a foreclosure event has taken place. The amount of the credit that can be used in any year is limited to the taxpayer's tax liability or $1,200, whichever is less. Any unused credit can be carried forward for two years. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: In the third quarter of 2008, the National Association of Realtors reported that existing home sales in Georgia measured as a seasonally adjusted annual rate totaled 172,800. No comparable data was available on new home sales. However, for the U.S., new home sales averaged 8.9% of existing home sales over the last four months of available data. This percentage is used to estimate new home sales in Georgia based on estimated existing home sales. For purposes of this analysis, several assumptions are made. First, the effective date of the legislation is in June 2009 so that the credit becomes available effective July 1, 2009. Thus, the credit is available July 1 through December 31, 2009, on purchases of eligible residences. Second, existing home sales in Q3 2009 are estimated to be 5% below those sales in Q3 2008. Homes sales are projected to grow 2.5% in each subsequent quarter. Third, new home sales are expected to be 8.9% of existing home sales. Certainly, the state of the housing market in Georgia and the U.S. makes the future sales levels highly uncertain. However, it is likely that sales, if not at the bottom, are reasonably close to the bottom. Based on these assumptions, the number of eligible homes sold in the July December 2009 period is expected to be 90,503. Beyond this, the tax credit is likely to have a small incentive effect on home sales. It is assumed that the elasticity is 1 meaning that a 1% decrease in the price of a home yields a 1% increase in the number of homes sold. Finally, it is expected that 16.7% of homes sold will have a purchase price that results in the maximum credit amount of $3,600. This is based on Atlanta housing units by value data as published in the American Housing Survey. Using a median home price of $151,300 as reported by the National Association of Realtors and factoring in the impact of the cap on the credit, the total value of the credits created is expected to be $166.3 million. The credit amounts will be used over time since there is a $1,200 per year cap on the amount that a taxpayer can claim. It is estimated that tax revenues would decrease due to use of these credits by $109.9 million in FY THURSDAY, MARCH 26, 2009 2835 2010, $38.0 million in FY 2011 and $18.4 million in FY 2012. There is expected to be a small offset to this cost. The incremental home sales that occur only due to the credit will generate additional income for those involved in the real estate industry. The additional income includes closing costs, realtor commissions and moving costs. It is assumed that these costs total $20,000 per additional home. This additional income will generate additional income tax revenue and sales tax revenue. This offset is expected to equal approximately $1.8 million in additional sales and income tax revenue in FY 2010. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 20, 2009 Honorable Ronnie Chance, Chairman Senate Finance Committee Coverdell Legislative Office Building, Room 319 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 261 Substitute (LC 18 8345S) Dear Chairman Chance: This bill would allow a taxpayer a one-time credit against income tax for the purchase of 2836 JOURNAL OF THE SENATE an eligible single family residence during a 6 month period. The credit would become available on the first day of the month following the effective date of the legislation. The credit would be 1.2% of the purchase price or $3,600, whichever is less, per taxpayer for a purchase of an eligible residence during the six month period. Thus, the credit would be $3,600 on homes with a purchase price of $300,000 or more. An eligible single family residence means a single family structure, including a condominium unit, that is a new residence or a previously occupied residence that is for sale prior to the effective date and remains for sale after the effective date, as well as an owner occupied residence with respect to which the owner's acquisition debt is in default on or before March 1, 2009, or which a foreclosure event has taken place. The amount of the credit that can be used in any year is limited to the taxpayer's tax liability or $1,200, whichever is less. Any unused credit can be carried forward for two years. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: In the third quarter of 2008, the National Association of Realtors reported that existing home sales in Georgia measured as a seasonally adjusted annual rate totaled 172,800. No comparable data was available on new home sales. However, for the U.S., new home sales averaged 8.9% of existing home sales over the last four months of available data. This percentage is used to estimate new home sales in Georgia based on estimated existing home sales. For purposes of this analysis, several assumptions are made. First, the effective date of the legislation is in June 2009 so that the credit becomes available effective July 1, 2009. Thus, the credit is available July 1 through December 31, 2009, on purchases of eligible residences. Second, existing home sales in Q3 2009 are estimated to be 5% below those sales in Q3 2008. Homes sales are projected to grow 2.5% in each subsequent quarter. Third, new home sales are expected to be 8.9% of existing home sales. Certainly, the state of the housing market in Georgia and the U.S. makes the future sales levels highly uncertain. However, it is likely that sales, if not at the bottom, are reasonably close to the bottom. Based on these assumptions, the number of eligible homes sold in the July December 2009 period is expected to be 90,503. Beyond this, the tax credit is likely to have a small incentive effect on home sales. It is assumed that the elasticity is 1 meaning that a 1% decrease in the price of a home yields a 1% increase in the number of homes sold. Finally, it is expected that 16.7% of homes sold will have a purchase price that results in the maximum credit amount of $3,600. This is based on Atlanta housing units by value data as published in the American Housing Survey. Using a median home price of $151,300 as reported by the National Association of Realtors and factoring in the impact of the cap on the credit, the total value of the credits THURSDAY, MARCH 26, 2009 2837 created is expected to be $166.3 million. The credit amounts will be used over time since there is a $1,200 per year cap on the amount that a taxpayer can claim. It is estimated that tax revenues would decrease due to use of these credits by $109.9 million in FY 2010, $38.0 million in FY 2011 and $18.4 million in FY 2012. There is expected to be a small offset to this cost. The incremental home sales that occur only due to the credit will generate additional income for those involved in the real estate industry. The additional income includes closing costs, realtor commissions and moving costs. It is assumed that these costs total $20,000 per additional home. This additional income will generate additional income tax revenue and sales tax revenue. This offset is expected to equal approximately $1.8 million in additional sales and income tax revenue in FY 2010. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget Senators Pearson of the 51st, Rogers of the 21st and Chance of the 16th offered the following amendment #1: Amend HB 261 (18 8169S) by inserting after "residence" on line 14 the following: , a residence occupied at the time of sale, By striking "or" on line 21 By striking "." on line 23 and inserting in lieu thereof "; or" By inserting between lines 23 and 24 the following: (C) A condominium unit, as defined in Code Section 44-3-71, that is occupied for residential purposes by a single family and that is a new condominium unit, a condominium unit occupied at the time of sale, or a previously occupied condominium unit that was for sale prior to the effective date of this Code section and is still for sale after the effective date of this Code section. By striking lines 35 through 40 and inserting in lieu thereof the following: (d)(1) A taxpayer shall submit to the commissioner: (A) A bona fide listing agreement with a real estate agent or broker licensed in this state or documentation that the eligible single-family residence was for sale directly by the owner without a real estate agent or broker; and 2838 JOURNAL OF THE SENATE (B) A copy of a deed conveying the single-family residence to the taxpayer after it was recorded in the deed records in the office of the clerk of superior court in which the eligible single-family residence is situated and a copy of a properly executed HUD-1 settlement statement or other closing statement which shows all financial terms of the transaction including the exact amount the buyer paid at closing or other appropriate documentation deemed sufficient by the commissioner to validate the eligiblity of the single-family residence for purposes of the tax credit under this Code section. On the adoption of the amendment, there were no objections, and the Pearson et al. amendment #1 was adopted. Senator Seay of the 34th offered the following amendment #2: Amend HB 261 by inserting between the word "foregoing" and "to" on line 5 the following: to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process to programs for education regarding and the alleviation of multiple sclerosis; to provide an effective date and for applicability; By inserting between lines 50 and 51 the following: SECTION 2 . Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, is amended by adding a new Code section to read as follows: "48-7-64. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2009, shall contain appropriate language, to be determined by the commissioner, offering the taxpayer the opportunity to contribute to programs for education regarding and the alleviation of multiple sclerosis by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of such programs and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to such programs may designate such contribution as provided in this Code section on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the National Multiple Sclerosis Society Georgia Chapter." THURSDAY, MARCH 26, 2009 2839 On the adoption of the amendment, there were no objections, and the Seay 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 Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner E Tarver N Tate Y Thomas Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 42, nays 4. HB 261, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto: SB 13. By Senators Smith of the 52nd, Cowsert of the 46th, Tarver of the 22nd, Reed of the 35th, Hamrick of the 30th and others: 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 2840 JOURNAL OF THE SENATE making a recommendation of such sentence or finding statutory aggravating 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 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 THURSDAY, MARCH 26, 2009 2841 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 accused, or the absence of any prior conviction and pleas. (2) The judge shall also hear argument by the defendant accused or the defendant's accused's 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 accused or the defendant's accused's 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 accused. 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." 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 accused 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 accused 2842 JOURNAL OF THE SENATE 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 sentencereducing measures under programs administered by the Department of Corrections. (3) For a first conviction of a serious violent felony in which the accused 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 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 accused 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 accused to death, provided that no such THURSDAY, MARCH 26, 2009 2843 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 accused 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 not guilty of the offense for which he or she was sentenced; and (2) That 'life imprisonment' means that the accused 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 the effective date of this Act. With express written consent of the state, an accused whose offense was committed prior to the effective date of this Act 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 accused 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 the effective date of this Act. SECTION 10. A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state. 2844 JOURNAL OF THE SENATE SECTION 11. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all crimes committed on and after such date, and except as provided in Section 8 of this Act, the law as set forth in Section 2 and in Sections 3 through 7 of this Act as it existed prior to the effective date of this Act shall apply to all offenses committed on and before such date. (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 13. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 13. The following communications were received by the Secretary: THURSDAY, MARCH 26, 2009 2845 Senator Dan Moody District 56 421-C State Capitol Atlanta, GA 30334 Committees: Education and Youth Insurance and Labor Appropriations Rules Reapportionment and Redistricting Assignments Administrative Affairs Regulated Industries and Utilities The State Senate Atlanta, Georgia 30334 March 26, 2009 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Mr. Secretary: The purpose of this letter is to notify you, for inclusion in the journal, of the malfunction of my voting machine on the vote for SB-13. I am in support of SB-13 and therefore request that the journal for today reflect my support. Please contact me if you have questions or need any further information. Sincerely, /s/ Dan Moody 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 The State Senate Atlanta, Georgia 30334 2846 JOURNAL OF THE SENATE March 26, 2009 Mr. Bob Ewing Secretary of the Senate State Capitol, Room 353 Atlanta, Georgia 30334 Dear Mr. Secretary: My machine malfunctioned and failed to record my vote in favor of final passage of Senate Bill 13. Please let the record reflect that I voted "yes." Very truly yours, /s/ David J. Shafer State Senator, District 48 The following resolution was taken up to consider House action thereto: HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HR 206 by striking it in its entirety and substituting in its place the following: A RESOLUTION Proposing an amendment to the Constitution so as to provide that 25 percent of the funds derived from the state sales and use tax on motor fuels shall be appropriated for and grant made for any or all transportation purposes, including public transit; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; THURSDAY, MARCH 26, 2009 2847 to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for purposes and limitations on expenditures from such trust fund; to provide for the periodic submission of the continuance of such levy to the people for approval or disapproval; to provide for the authority of the General Assembly with respect to the foregoing; 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. Article III, Section IX, Paragraph VI of the Constitution is amended 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 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. And 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. (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 appropriated for all transportation purposes, including public transit. Transportation purposes shall also include, but not be limited to, 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; 2848 JOURNAL OF THE SENATE 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 III thereof a new Section XI to read as follows: "SECTION XI. TRANSPORTATION TRUST FUND Paragraph I. Transportation Trust Fund; Georgia 2020 Transportation Trust Fund Oversight Committee. (a) There is created a trust fund of perpetual duration for use in all activities incident to providing an adequate system of transportation in this state. Revenues raised, collected, or appropriated for purposes of the fund shall be paid into and disbursed from the fund as provided by general law without being subject to the limitations of Article III, Section IX, Paragraph I; Article III, Section IX, Paragraph IV(c); Article III, Section IX, Paragraph VI(a); or Article VII, Section III, Paragraph II. The General Assembly is authorized to appropriate moneys to the fund, but no moneys subject to the provisions of Article III, Section IX, Paragraph VI(b) shall be appropriated to the fund. Toll revenues generated by any project funded in whole or in part by the fund may be paid into the fund as provided by general law. The funds in the fund shall be as fully invested as is practicable, consistent with the requirements to make disbursements therefrom, and the return from such investments shall be deposited in the fund for further investment or disbursement. The governance of the fund shall be vested in the Georgia 2020 Transportation Trust Fund Oversight Committee created in subparagraph (c) of this Paragraph and such other agency or authority as provided by general law. (b) The expenditure of moneys paid into the fund shall be subject to all the rules, regulations, and restrictions otherwise imposed on the expenditure of appropriations by provisions of this Constitution and laws of this state, unless such provisions are in conflict with the provisions of this section. 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. (c) There shall be a Georgia 2020 Transportation Trust Fund Oversight Committee which shall consist of three members appointed by the Governor, four members appointed by the Lieutenant Governor, and four members appointed by the Speaker of the House of Representatives. At least one member appointed by each of the foregoing appointing officials shall at the time of such appointment and thereafter be a member of the minority caucus of the Georgia Senate or the Georgia House of Representatives. Members shall serve during the term of office of their appointing officer and until their THURSDAY, MARCH 26, 2009 2849 successors are appointed and qualified. The other qualifications, compensation, and removal from office of appointed members shall be as provided by general law. The committee shall be charged with the general oversight of the governance and administration of the Transportation Trust Fund and with such other powers and duties as provided by general law. Paragraph II. Transportation Trust Fund; administration. (a) The maintenance and administration of the Transportation Trust Fund and the direction of disbursements therefrom shall be vested in an agency or authority as provided by general law. The agency or authority shall disburse proceeds from the fund for the following purposes as provided by general law, which may specify projects and programs and areas or political subdivisions of the state: (1) To fund the federal-aid and state highway systems; (2) To fund a program of local assistance to counties and municipalities to pay all or part of the costs of planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (3) To fund the rehabilitation and replacement of deficient, hazardous, unsafe, or inadequate bridges throughout the state; (4) To supplement operating costs of local public transit and bus systems; (5) To fund a program of local assistance to counties and municipalities to pay all or part of the costs of planning, surveying, constructing, improving, resurfacing, and completing public general aviation airports; (6) To fund the study and implementation of high-speed intrastate and interstate passenger rail and freight rail services; (7) To fund the costs of planning, surveying, constructing, improving, paving, and completing high-occupancy toll lane systems, managed lane systems, and truck only toll lane systems on the federal-aid and state highway systems; and (8) To fund such other public transportation purposes as may be provided for by general law. (b) Disbursements from the fund or from the proceeds of bonds or other instruments repayable from the fund shall not be subject to any allocation or distribution formulas applicable to funds subject to the provisions of Article III, Section IX, Paragraph VI(b). No law shall be enacted that causes any such allocation or distribution of funds subject to such provision to take into account any disbursements from the fund or from the proceeds of such bonds or other instruments. (c) The agency or authority administering the fund is authorized to operate on an accrual basis and disburse moneys from the fund from time to time to departments, authorities, instrumentalities, and political subdivisions of the state for the purposes of this Paragraph, subject to such terms and conditions as it, with the approval of the Georgia 2020 Transportation Trust Fund Oversight Committee, shall impose or which shall be provided by general law, but no moneys may be appropriated from the fund. All such departments, authorities, instrumentalities, and political subdivisions are authorized to receive such disbursements on such terms and conditions, and such disbursements, if unexpended as provided by general law, shall lapse to the fund and 2850 JOURNAL OF THE SENATE not to the general fund. Paragraph III. Levy for purposes of the Transportation Trust Fund; terms, conditions, and disposition of proceeds. From January 1 of the year following the year of the ratification of the amendment which added this section to this article and for a period of ten years thereafter there shall be a levy of 1 percent as a sales and use tax in this state. Such levy shall be imposed and collected as provided for by general law; provided, however, that should Georgia law or this Constitution be amended to eliminate such state sales and use tax, said levy of 1 percent shall continue to be imposed in the same manner and subject to the same terms and conditions in effect immediately prior to the effective date of the Act or amendment eliminating such state sales and use tax until terminated as provided by this section. The proceeds of such levy shall be deposited into the fund created by Paragraph I of this section. Paragraph IV. Submission of levy for reapproval. The General Assembly may provide by a two thirds' vote of the House of Representatives and the Senate that at the general election occurring in the tenth year following the year of the ratification of the amendment which added this section to this article a proposal for the approval of the continuation of the levy imposed pursuant to Paragraph III of this section shall be submitted to the electors of the entire state qualified to vote for members of the General Assembly. If such proposal is approved by a majority of such electors, then such levy shall be continued for a period of ten years commencing on January 1 of the year following such approval. If such proposal is not so approved, then such levy shall not be continued pursuant to such Paragraph notwithstanding any provision of law unless subsequently resubmitted to such electors and so approved. The General Assembly may provide by general law for such resubmission at a general election, and if approved such levy shall be reimposed notwithstanding any provision of law and the year of such approval shall be considered the year of the ratification of the amendment which added this section for purposes of this Paragraph." 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 Georgia's transportation system be improved throughout the state through an amendment to the Georgia Constitution to provide for a 1 ( ) NO percent state-wide transportation sales tax and a requirement that currently collected motor fuel tax revenue be used for transportation?" 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 Mullis of the 53rd asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HR 206. THURSDAY, MARCH 26, 2009 2851 The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HR 206. The following bill was taken up to consider House action thereto: HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 277 by striking all matter beginning on line 1 through the end of the bill and substituting in lieu thereof the following: To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for the deposit of the proceeds of the special transportation sales and use tax into the Transportation Trust Fund; 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 local option sales and use tax for transportation projects and costs within special districts; to establish special districts; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 2852 JOURNAL OF THE SENATE PART I SECTION 1-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding at the end thereof a new chapter to read as follows: "CHAPTER 12 32-12-1. This chapter shall be known and may be cited as 'The Georgia 2020 Transportation Act.' 32-12-2. As used in this chapter, the term: (1) 'Authority' means the entity that is the designated recipient of federal funds to be used for highway construction and other transportation purposes in this state. (2) 'Commission' means each metropolitan area planning and development commission activated prior to January 1, 1972, pursuant to Article 4 of Chapter 8 of Title 50. (3) 'Committee' means the Georgia 2020 Transportation Trust Fund Oversight Committee created by Article III, Section XI, Paragraph I of the Constitution and this chapter. (4) 'Cost of project' means the cost of construction, including relocation or adjustments of utilities; the cost of all lands, properties, rights, easements, and franchises acquired; relocation expenses; the cost of all machinery, equipment, vehicles and facilities necessary for the operation of the project; financing charges; interest prior to and during construction and for such a period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to become sufficient to meet the requirements of the bond issue, if any; the cost of engineering, legal expenses, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; operation and maintenance expenses; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, the placing of the same in operation, and the operation and maintenance of the same. 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 fund or the proceeds of revenue bonds issued under this chapter. (5) 'Project' means any item or program identified under subsection (b) or (d) of Code Section 32-12-7. Project also means any facility or property, real, personal, or intangible, the lease, purchase, construction, operation, or maintenance of which is financed in whole or in part pursuant to a program identified in such subsections. (6) 'Revenue' or 'revenues' shall mean any and all moneys deposited into the trust fund, including without limitation funds derived from the additional special transportation sales and use tax authorized by Article III, Section XI of the THURSDAY, MARCH 26, 2009 2853 Constitution and Chapter 8 of Title 48. (7) 'Trust fund' means the fund created by Article III, Section XI, Paragraph I of the Constitution and administered pursuant to the provisions of this chapter. 32-12-3. (a) There is created the Georgia 2020 Transportation Trust Fund Oversight Committee to be composed of three members appointed by the Governor, one of whom shall serve in either the Georgia House of Representatives or the Georgia Senate, one from the commission area, and one from outside the commission area, four members of the Georgia Senate appointed by the Lieutenant Governor, and four members of the Georgia House of Representatives appointed by the Speaker of the House of Representatives. Two members of the committee appointed by the Lieutenant Governor and the Speaker of the House of Representatives shall be from the commission area, and two members of the committee appointed by the Lieutenant Governor and the Speaker of the House of Representatives shall be from outside the commission area. At least one member of the General Assembly appointed by each of the foregoing appointing officials shall at the time of such appointment and thereafter be a member of a political party other than that of the appointing official. For the appointments from a political party other than that of the appointing official made by the Lieutenant Governor and the Speaker of the House of Representatives, the elected leader of the minority political party shall submit, in writing, the name of a nominee who is a member of his or her respective chamber from a political party other than that of the appointing official, which nominee shall be appointed. Members shall serve during their terms of office and until their successors are appointed and qualified. (b) In the event that any vacancy for any cause shall occur in the appointed membership of the committee, such vacancy shall be filled by an appointment made by the official authorized by law to make such appointment within 45 days of the occurrence of such vacancy. (c) The committee shall, by majority vote of those members present and voting, elect from their number a chairperson and vice chairperson who shall serve at the pleasure of the committee. In like manner, the committee shall also elect a secretary, who need not necessarily be a member of the committee, and who shall also serve at the pleasure of the committee. (d) The committee shall meet in regular session at least six days each year at the state capitol in Atlanta and at such other special meetings as may be called by the chairperson or by a majority of the members of the committee upon reasonable written notice to all members of the committee. Further, the chairperson of the committee is authorized from time to time to call meetings of subcommittees of the committee which are established by committee policy and to require the attendance of a member or members of the committee at places inside or outside the state when, in the opinion of the chairperson, the member or members of the committee are needed to attend properly to the committee's business. A majority of the committee shall constitute a quorum for the transaction of all business. Except as otherwise provided in this chapter, 2854 JOURNAL OF THE SENATE any power of the committee may be exercised by a majority vote of those members present at any meeting at which there is a quorum. (e) Service on the committee by employees of the state shall be a separate and distinct duty for which they shall receive no additional compensation. Other members of the committee shall receive no salary for service on the committee but shall receive for each day of actual attendance at meetings of the committee and the subcommittee meetings the per diem and transportation costs prescribed in Code Section 45-7-21, and a like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the committee, not to exceed 60 days in any calendar year, but no member shall receive such per diem for any day for which such member receives any other per diem pursuant to such Code section. In addition, members shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and study. Such per diem and expense shall be paid from the funds of the authority upon presentation, by members of the committee, of vouchers approved by the chairperson and signed by the secretary. (f) The committee shall be charged with oversight of the governance and administration of the trust fund. The committee may make such recommendations to and require such reports from the State Transportation Board, the authority, any other agency or instrumentality of the state, any political subdivision of the state, and any agency or instrumentality of such political subdivisions as it may deem appropriate and necessary from time to time in the interest of the trust fund. (g) Beginning January 1, 2012, and annually thereafter, the committee shall provide a report to the General Assembly of its actions during the previous year. The report shall be available for public inspection on the Internet. The report shall include, but not be limited to: (1) An update on the progress on each program listed in subsection (b) of Code Section 32-12-7, including the amount of funds spent on the program, if any; (2) An update on the amount deposited in the trust fund and the amount expended from the trust fund; and (3) A report on any new programs or projects not contained in subsection (b) of Code Section 32-12-7 that the committee has under consideration, including any concessions or public-private initiatives. 32-12-4. (a) All proceeds of the additional special transportation sales and use tax authorized by Article III, Section XI, Paragraph III of the Constitution and Chapter 8 of Title 48 for so long as such levy shall be required by Article III, Section XI, Paragraph III of the Constitution to be collected and deposited in the trust fund, and any income of investments of the trust fund, shall be deposited in the trust fund. (b) For any project or program listed in subsection (b) of Code Section 32-12-7, the authority is designated the proper entity to receive all federal-aid funds apportioned by or otherwise made available from the federal government under 23 U.S.C. THURSDAY, MARCH 26, 2009 2855 (c) If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the authority is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the authority to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes. (d) With respect to any preconstruction or postconstruction expenditure, contract, agreement, or action relating to a project or program listed in subsection (b) of Code Section 32-12-7 that requires compliance with federal laws and regulations, including without limitation the provisions of 23 U.S.C. Section 302 and implementing federal regulations relating thereto, the responsibility for such compliance shall be vested in the authority, acting by and through the executive director, who shall take all actions and execute all instruments reasonably necessary for compliance with such federal laws and regulations and the provisions of this chapter. (e) The authority is authorized, with the approval of the committee, to create such separate accounts within the trust fund as shall be required by law or deemed prudent and advisable from time to time, and funds deposited in any such accounts shall be deemed to be deposited in the trust fund for purposes of this chapter. (f) The authority is authorized, with the approval of the committee, to create such separate accounts outside the trust fund as shall be required by law or deemed prudent and advisable from time to time. All moneys received in such accounts of any nature whatsoever shall be deemed to be funds to be held in trust and applied solely for purposes of this chapter. (g) In the event that any funds of the trust fund are pledged for the payment of bonds of the authority, the bondholders paying or entitled to receive the benefits of such bonds of the authority shall have a lien on the funds of the trust fund and such subsidiary or other accounts as may be created from time to time pursuant to the provisions of this Code section until applied as provided for in any resolution or trust indenture of the authority. (h) The authority, in its discretion and with the approval of the committee, is charged with the duty of pledging, utilizing, or expending the trust fund for the following purposes: (1) Pledges to the payment of any revenue bond issue requirements or sinking or reserve funds, as may be provided for under Article 2 of Chapter 10 of this title or other provisions of this chapter, where such bonds are issued for the financing of projects; (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses related to financing of projects; (3) The payment of costs of all or any part of projects; (4) The most advantageous obtainable redemptions and retirements of the authority's bonds issued for the financing of projects pursuant to the prepayment redemption privileges accorded to the authority upon the various issues of bonds outstanding; 2856 JOURNAL OF THE SENATE (5) The most advantageous open market purchase of the authority's bonds issued for the financing of projects that the authority may accomplish; (6) Investment in such securities and in such manner as it determines to be in its best interest; and (7) Subject to the terms of any resolution or trust indenture authorizing the issuance of revenue bonds for the financing of projects, if applicable, the disbursement of funds to any department, authority, instrumentality, or political subdivision of the state, with the approval of the board, to be used for the purposes of this chapter. (i) The disbursement of funds pursuant to paragraph (7) of subsection (h) of this Code section shall be subject to the provisions of Code Section 32-12-7 and to such terms and conditions as shall be imposed by the authority, with the approval of the committee. Such terms and conditions shall: (1) Be in the form of an agreement in writing between the authority and the recipient, executed by the executive director of the authority and the person or persons authorized to accept such agreement on behalf of the recipient; (2) Be entered in the minutes of the committee, the authority board, and the governing authority or board of the recipient, together with approval thereof by the committee, the authority board, and such governing authority or board; (3) Include provisions for the audit of expenditures of such disbursements and the reporting of the results of such audit to the authority, and requirements that such disbursements be expended only for purposes authorized by this chapter; and (4) Include provisions for the return of any part of such disbursement to the authority for deposit in the trust fund where the same is not expended and for reimbursement of the authority for any disbursements expended in substantial violation of the terms and conditions of the agreement. Unless otherwise expressly stated in a contract or other legal instrument granting a concession, all toll revenues collected by projects constructed under the provisions of paragraph (10) of subsection (b) of Code Section 32-12-7 shall be deposited in the trust fund until the amount deposited equals the amounts expended from the trust fund on such projects. (j) Disbursement of funds from the trust fund shall be by warrant of the treasurer of the authority to such operating, reserve, and other accounts as may be established from time to time for further disbursement from such accounts in accordance with procedures established by the authority and approved by the committee. 32-12-5. (a) The commissioner of transportation, the executive director of the authority, and the executive director of the Georgia Regional Transportation Authority or the commissioner or executive director of another successor agency or authority which may divest such agencies or authorities of their powers and the director of each metropolitan planning organization shall make annual recommendations to the committee for the expenditure of moneys deposited in the trust fund pursuant to the purposes authorized by this chapter. Such recommendations shall take into account: THURSDAY, MARCH 26, 2009 2857 (1) Congestion mitigation and traffic relief, including congestion mitigation and traffic relief goals established from time to time by the board of the authority and such public bodies within the state as may be authorized to establish such goals; (2) Air quality goals or requirements applicable by federal law to any region of the state; (3) Economic development needs of urban, rural, and coastal areas of the state; and (4) The efficient and economical application of available sources and methods of transportation finance to the transportation needs of the state. (b) The committee shall have the responsibility of annually allocating moneys available for the purposes of this chapter among the general categories of projects set forth in paragraph (5) of Code Section 32-12-2, subject to the provisions of Code Section 32-12-7. The authority shall have the responsibility of coordinating the negotiation and execution of such instruments and agreements as may be necessary or advisable for the disbursement of such moneys in general accordance with such annual allocation. In the event that any such proposed allocation is for any reason not feasible or practicable, it shall be the responsibility of the committee to provide for the reallocation of such allocation to a purpose provided for by this chapter taking into account the guidelines provided in paragraphs (1) through (4) of subsection (a) of this Code section. It is the intent of the General Assembly that there shall be expended from the funds deposited into the trust fund the maximum amount allowable under law in each fiscal year, subject to the provisions of this chapter. 32-12-6. (a) The authority shall not have the power to provide for the inclusion of any project in any state transportation improvement plan, regional transportation improvement plan, or other state, regional, or local transportation plan, but the authority shall be empowered to negotiate with the departments, agencies, and instrumentalities responsible for the development of such plans for the purpose of developing recommendations for the allocation of the funds of the trust fund or the proceeds of any bonds or obligations of the authority to projects included on such plans; provided, however, that no project shall be required to be included on any such plan unless otherwise provided by law. The inclusion of funds of the trust fund or the proceeds of bonds or obligations of the authority as proposed funding for any project included on any such plan shall not constitute a requirement, commitment, or obligation of the authority to provide such funding for such project unless approved by the committee, and the authority shall at all times retain discretionary authority over the expenditure of such funds and proceeds, subject to applicable law and such contracts, resolutions, or indentures as the authority board may approve from time to time. (b) As a condition of providing funding for any project the authority, with the approval of the committee, may require that the recipient of such funds apply all or any of such funds first to the reduction of any bonded indebtedness of the recipient until the retirement of all or any part of such bonded indebtedness. 2858 JOURNAL OF THE SENATE 32-12-7. (a) Funds allocated pursuant to this chapter derived from the proceeds of the additional special transportation sales and use tax collected under the provisions of Article III, Section XI, Paragraph III of the Constitution and Chapter 8 of Title 48 shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing, except as provided in this chapter. (b) An amount of funds from the trust fund equal to the lesser of $25 billion or the amount of the proceeds of the additional special transportation sales and use tax collected under the provisions of Article III, Section XI, Paragraph III of the Constitution and Chapter 8 of Title 48 for the first ten years of the collection of such tax less collection costs and other allocations provided for by law shall be expended or contractually committed to capital construction programs within 11 years of the first day of the fiscal year beginning July 1, 2011, or to operation and maintenance costs for transit or multimodal projects constructed under paragraph (4) or (5) or listed in paragraphs (18) through (25) of this subsection within 21 years of the first day of the fiscal year beginning July 1, 2011, prioritized based on the date of final permitting and approval by the authority: (1) On a program of state-wide projects of regional significance to improve transportation routes among and between municipalities and regions outside the largest urban areas of the state including but not limited to: S.R. 400 from S.R. 20 to I-285 North (managed lanes) S.R. 92 from I-75 South to I-75 North (including Third Army Road Interchange) S.R. 316 from Athens Loop to I-85 (grade separation and managed lanes) S.R. 20 from I-75 to S.R. 316 I-575 from I-75 to S.R. 372 (including reconstruct interchange at Sixes Road) I-985 from I-85 to U.S. 129 (including new interchange at Martin Road, Exit 14); (2) On a program of state-wide economic development corridors to promote commerce and industry in underdeveloped areas of the state including but not limited to: S.R. 133 from U.S. 19 to I-75 (between Albany and Valdosta) Fall Line Freeway from Crawford Road to S.R. 68 U.S. 1 from I-16 to Altamaha River (including Lyons Bypass) S.R. 44 from I-20 to Linger-Longer S.R. 11 Monroe Bypass I-95 new interchange at Exit 82, Belfast-Siding Road I-95 reconstruct interchange at S.R. 99 (including the Golden Isles Parkway, Spur 25 Ext.); (3) On a program of state-wide freight route corridors to relieve congestion by removing truck traffic from urban areas and to improve the movement of freight into and across the state including but not limited to: U.S. 441 from I-16 to U.S. 29 (including transfer station in Dublin) U.S. 29 (Athens Loop) from U.S. 441 to S.R. 316 THURSDAY, MARCH 26, 2009 2859 S.R. 96 from I-16 to Fort Valley U.S. 27 ALT. from I-185 to U.S. 27 (LaGrange Bypass) Effingham Parkway from S.R. 119 to S.R. 21 Jimmy DeLoach Parkway from S. R. 21 to Port Gate (Port Last Mile Project) U.S. 84 from Homerville to Waycross S.R. 25 bridge over the existing freight rail lines at the port in Garden City; (4)(A) On a program of grants for local transportation flex funds in the following communities located outside the commission area: Augusta-Richmond Columbus-Muscogee Savannah Athens-Clarke Macon Albany Warner-Robins Valdosta Rome Gainesville Dalton Hinesville Newnan LaGrange Statesboro Griffin Carrollton Evans Milledgeville Thomasville Cartersville Dublin St. Mary's Americus Tifton Brunswick Moultrie Waycross Covington Calhoun; (B) Where a community lies within the boundaries of a municipal corporation, the municipal corporation shall be the recipient of the transportation flex funds. Where a community lies in an unincorporated area of a county, the county government shall be the recipient of the transportation flex funds. The county shall hold such funds in a separate account and such funds shall only be expended in the community 2860 JOURNAL OF THE SENATE that was the intended recipient of such funds. (5) On a program of grants for local transportation flex funds in counties contiguous to the commission area including: Forsyth Paulding Coweta; (6) On a program of road improvement grants to supplement local assistance road project grants in counties and cities located outside the commission area; (7) On a program of road improvement grants to supplement state-aid grants in counties and cities located outside the commission area; (8) On a program of unpaved road improvement grants to counties and cities located outside the commission area; (9) On a program of bridge improvement grants to counties and cities located outside the commission area; (10) On a program to provide for the addition and operation of managed traffic lanes serving the commission area including: The I-75 South Corridor beginning at Aviation Boulevard and ending at S.R. 155 The I-75 and I-575 Northwest Corridor, including lanes from I-285 at I-75 continuing north ending at Hickory Grove Road and from the I-75 at I-575 interchange north on I-575 ending at Sixes Road I-20 West from the interchange at Hamilton E. Holmes westward ending at S.R. 6; (11) On a program of interchange improvements to provide congestion mitigation on state and federal corridors serving the largest population concentrations in the state including but not limited to: I-75 and I-285 North (including Windy Hill Road and Kennedy) I-75 and I-16 I-20 and I-285 West I-20 and I-285 East GA 400 and I-285 (including Ashford Dunwoody collector-distributor system) GA 400 and I-85; (12) On a program for the negotiation and granting of a concession for the construction, improvement, and operation of a tolled roadway connection between Interstate 75 and Interstate 85 not less than 15 miles north of the northernmost point of Interstate 285; (13) On a program for the negotiation and granting of a concession for the construction, improvement, and operation of a roadway tunnel for the improvement of traffic flow along a north-south axis in the commission area; (14) On a program for the improvement of arterial roads and corridors of regional significance serving the commission area including but not limited to: Ashford Dunwoody-Perimeter Center East (DeKalb) Buford Highway, one project to cross through Fulton, DeKalb, and Gwinnett counties Commerce Crossing (Rockdale) THURSDAY, MARCH 26, 2009 2861 Courtland Street Bridge reconstruction (Fulton) C.W. Grant/S.R. 3 Old Dixie Highway - grade separation (Clayton) Fayetteville East ByPass (Fayette) Fayetteville West ByPass (Fayette) Moores Mill/Bolton Road (Fulton) Old Alabama Road (Fulton) Panola Road (DeKalb) Sigman Road (Rockdale) Turner Hill Road (DeKalb) S.R. 316/Sugarloaf Interchange (Gwinnett) S.R. 140, to be divided into two projects, one in Fulton County and one in Cherokee County S.R. 141, one project to cross through Fulton and Gwinnett counties S.R. 155 (Henry) S.R. 162 Salem Road (Rockdale) S.R. 42 (Henry) S.R. 6, one project to cross through Douglas, Cobb, and Paulding counties S.R. 6 (Fulton) U.S. 19/Tara Boulevard, one project across Clayton, Henry, and Spalding counties U.S. 41 (Cobb) U.S. 41 including Chattahoochee River Bridge (Fulton); (15) On a program for the improvement of interchanges of regional significance serving the commission area including but not limited to: I-20 at Panola Road I-20 at S.R. 138 and S.R. 20 I-285 at S.R. 9 I-285 at Bouldercrest Road I-285 at S.R. 155 I-285 at S.R. 280 I-285 at U.S. 278 I-75 at Aviation Boulevard I-75 at C.R. 824, also referred to as Jodeco Road I-85 at S.R. 138 I-85 at S.R. 324 I-85 at S.R. 74 S.R. 316 at Collins Hill Road and S.R. 20 I-75/I-85 at 15th Street Bridge and HOV Interchange; (16) On a program for the improvement of traffic management within the municipal boundaries of the City of Atlanta; (17) On a program to pay all or part of the costs of planning, surveying, constructing, improving, resurfacing, and completing public general aviation airports not serving commercial international flights; (18) On a program to pay all or part of the costs of planning, surveying, constructing, 2862 JOURNAL OF THE SENATE improving, and operating a suburban light rail transit system in the commission area to include: an East Line proceeding along I-20 from the Garnett Station to Turner Hill Road; a North Suburban Line beginning on or adjacent to the campus of Kennesaw State University proceeding south along I-75 to Smyrna; the North Perimeter Line along I-285 with a link to connect to the Dunwoody Station continuing along I-285 to the Doraville Station; and a Northeast Line proceeding north along I-85 to the general vicinity of Sugarloaf Parkway; (19) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking the area encompassed by the consolidated government of Athens-Clarke County with the commission area; (20) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking Atlanta with Cartersville, subject to the availability of federal funds; (21) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking Atlanta with Lovejoy; (22) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking Lovejoy with Griffin, subject to the availability of federal funds; (23) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a multimodal transportation hub integrating regional and state-wide modes of transportation within the City of Atlanta; (24) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating one or more streetcar lines within the City of Atlanta; (25) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a circulator transit system or 'Beltline' within the City of Atlanta; (26) On a program to provide for improved nonmotorized access to destinations served by transportation facilities; and (27) On a program to study the feasibility of a high-speed or magnetic levitation rail line for movement of passengers and freight linking the commission area to the Georgia Ports Authority Facilities on the Savannah River. Funds provided for the foregoing programs shall be additional and supplemental to funds otherwise allocated for any of such programs pursuant to appropriation or to applicable state or local transportation plans. In the event that two or more local governments receiving funds pursuant to the provisions of this subsection elect to expend all or part of such funds on one or more multijurisdictional projects which the authority deems is a project of regional significance, the authority, with the approval of the committee and upon joint application by such local governments, is authorized to provide matching funds, in addition to funds otherwise provided pursuant to this chapter, for such projects from funds available to the authority. (c) In the event that the amount available for expenditure from the trust fund pursuant to the provisions of subsection (b) of this Code section is less than $25 billion, and that such sum together with other available funds is inadequate to fund the full cost of one THURSDAY, MARCH 26, 2009 2863 or more of the programs provided for in subsection (b) of this Code section, the authority shall: (1) Seek supplemental funding from any authorized state agency or authority, the General Assembly, or other sources sufficient to cover the difference between available funds and $25 billion; (2) Reduce by majority vote of the board of the authority, with the approval of the committee, the allocation to any individual programs identified in subsection (b) of this Code section in such sums as necessary to reduce the overall cost of such programs to the sum available; provided, however, that no program shall be reduced to a sum which the committee, by majority vote, determines to be insufficient to achieve reasonable results for such program; or (3) Eliminate by the vote of two-thirds of the members to which the board of the authority is entitled, with the approval of the committee, such programs as necessary to reduce the overall cost of such programs to the sum available; provided, however, that in the event of a reauthorization of the tax provided for under the provisions of Article III, Section XI, Paragraph III of the Constitution, such eliminated programs shall be reinstated and shall have first priority for expenditure of the proceeds of such reauthorized tax; provided, further, if such eliminated program is determined by the vote of two-thirds of the board of the authority and ratified by the vote of two-thirds of the committee to be infeasible to the extent that it not be reinstated, such project shall be eliminated from the program contained in subsection (b) of this Code section. Any decision of the board of the authority implementing the provisions of this paragraph, and of the committee approving such decision, shall cite the provisions of this paragraph and provide for the reinstatement of such programs as provided for in this paragraph. (d) In the event that the amount available for expenditure from the trust fund pursuant to the provisions of subsection (b) of this Code section is greater than $25 billion, or that such sum together with other available funds exceeds the amount necessary to fund the full cost of one or more of the programs provided for in subsection (b) of this Code section, including the maintenance and operating costs of the transit projects contained in paragraphs (18) through (25) of subsection (b) of this Code section, the authority shall institute such other and further programs as, in the opinion of the authority board and with the concurrence of the committee, will serve the purposes of this chapter." SECTION 1-2. Said title is further amended by revising paragraph (15) of Code Section 32-10-63, relating to the powers of the State Road and Tollway Authority, as follows: "(15) To do all things necessary or convenient to carry out the powers expressly given in this article or Chapter 12 of this title." PART II SECTION 2-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is 2864 JOURNAL OF THE SENATE amended by revising subsections (a) and (b) of Code Section 48-8-3.1, relating to exemptions from sales and use taxes for motor fuels, as follows: "(a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article and shall be subject to the 1 percent additional special transportation sales and use tax. (b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article and shall be subject to the 1 percent additional special transportation sales and use tax." SECTION 2-2. Said title is further amended by revising Code Section 48-8-30, relating to the rate and imposition of the state sales and use tax, as follows: "48-8-30. (a) There is levied and imposed a tax on the retail purchase, retail sale, rental, storage, use, or consumption of tangible personal property and on the services described in this article. (b)(1) Every purchaser of tangible personal property at retail in this state shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase and an additional special transportation sales and use tax at the rate of 1 percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person making a sale or sales of tangible personal property at retail in this state shall be a retailer and a dealer and shall be liable for a tax on the sale at the rate of 4 5 percent of the gross sale or gross sales, or the amount of taxes collected by him or her from his or her purchaser or purchasers, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. (c)(1) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price and an additional special transportation sales and use tax at the rate of 1 percent of the cost price, except as provided in paragraph (2) of this subsection. (2) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state and used outside this state for more than six months prior to its first use within this state, the THURSDAY, MARCH 26, 2009 2865 owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price or fair market value of the property, whichever is the lesser and an additional special transportation sales and use tax at the rate of 1 percent of the cost price or fair market value of the property, whichever is the lesser. (3) This subsection shall not be construed to require a duplication in the payment of the tax. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. (c.1)(1) Every purchaser of tangible personal property at retail outside this state from a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, when such property is to be used, consumed, distributed, or stored within this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase and an additional special transportation sales and use tax at the rate of 1 percent of the sales price of the purchase. It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored within this state if that property is delivered in this state to the purchaser or agent thereof. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, and who makes any sale of tangible personal property at retail outside this state which property is to be delivered in this state to a purchaser or purchaser's agent shall be a retailer and a dealer for purposes of this article and shall be liable for a tax on the sale at the rate of 4 5 percent of such gross sales or the amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax. (d)(1) Every person to whom tangible personal property in the state is leased or rented shall be liable for a tax on the lease or rental at the rate of 4 percent of the gross lease or rental charge and an additional special transportation sales and use tax at the rate of 1 percent of the gross lease or rental charge. The tax shall be paid to the person who leases or rents the property by the person to whom the property is leased or rented. A person who leases or rents property to others as a dealer under this article shall remit the tax to the commissioner as provided in this article. When received by the commissioner, the tax shall be a credit against the tax imposed on the person who leases or rents the property to others. Every person who leases or rents tangible personal property in this state to others shall be a dealer and shall be liable for a tax on the lease or rental at the rate of 4 5 percent of the gross lease or rental proceeds, or the amount of taxes collected by him or her from persons to whom he or she leases or rents tangible personal property, whichever is greater. (2) No lease or rental shall be taxable to the person who leases or rents tangible 2866 JOURNAL OF THE SENATE property to another which is not taxable to the person to whom the property is leased or rented. (3) The lessee of both taxable and exempt property in this state under a single lease agreement containing a lease period of ten years or more shall have the option to discharge in full all sales and use taxes imposed by this article relating to the tangible personal property by paying in a lump sum 4 5 percent of the fair market value of the tangible personal property at the date of inception of the lease agreement in the same manner and under the same conditions applicable to sales of the tangible personal property. (e) Upon the first instance of use within this state of tangible personal property leased or rented outside this state, the person to whom the property is leased or rented shall be a dealer and shall be liable for a tax at the rate of 4 percent of the rental charge paid to the person who leased or rented the property and an additional special transportation sales and use tax at the rate of 1 percent of the rental charge, subject to the credit authorized for like taxes previously paid in another state. (e.1)(1) Every person who leases, as lessor, or rents tangible personal property outside this state for use within this state shall be liable for a tax at the rate of 4 percent of the rental charge paid for that lease or rental and an additional special transportation sales and use tax at the rate of 1 percent of the rental charge paid for that lease or rental, if that person is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, and title to that property remains in that person. It shall be prima-facie evidence that such property is to be used within this state if that property is delivered in this state to the lessee or renter of such property, or to the agent of either. The tax shall be paid by the lessee or renter and payment of the tax shall be made to the lessor or person receiving rental payments for that property, which person shall be the dealer for purposes of this article. The dealer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the dealer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, and who leases or rents tangible personal property outside this state to be delivered in this state to the lessee, renter, or agent of either shall be a dealer and shall be liable as such for a tax on the lease or rental at the rate of 4 5 percent of the gross proceeds from such leases or rentals or the amount of taxes collected by that dealer for leases or rentals of tangible personal property delivered in this state, whichever is greater. (2) No lease or rental shall be taxable to the dealer which is not taxable to the lessee or renter. The tax imposed by this subsection shall be subject to the credit granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax. (f)(1) Every person purchasing or receiving any service within this state, the purchase of which is a retail sale, shall be liable for tax on the purchase at the rate of 4 percent of the gross charge or charges made for the purchase and an additional special transportation sales and use tax at the rate of 1 percent of the gross charge or charges THURSDAY, MARCH 26, 2009 2867 made for the purchase. The tax shall be paid by the person purchasing or receiving the service to the person furnishing the service. The person furnishing the service, as a dealer under this article, shall remit the tax to the commissioner as provided in this article; and, when received by the commissioner, the tax shall be a credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a retail sale, shall be a dealer and shall be liable for a tax on the sale at the rate of 4 5 percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him or her from the person to whom the service is furnished, whichever is greater. (2) No sale of services shall be taxable to the person furnishing the service which is not taxable to the purchaser of the service. (g) Whenever a purchaser of tangible personal property under subsection (b) or (c.1) of this Code section, a lessee or renter of the property under subsection (d) or (e.1) of this Code section, or a purchaser of taxable services under subsection (f) of this Code section does not pay the tax imposed upon him or her to the retailer, lessor, or dealer who is involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself or herself and the commissioner, whenever he or she has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who is involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who is involved. (h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. For the purpose of this Code section, all sales through any one vending machine shall be treated as a single sale. The gross proceeds for reporting vending sales shall be treated as if the tax is included in the sale and the taxable proceeds shall be net of the tax included in the sale. (i) The tax levied by this Code section is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied. (j) In the event any distributor licensed under Chapter 9 of this title purchases any motor fuel on which the prepaid state tax or prepaid local tax or both have been imposed pursuant to this Code section and resells the same to a governmental entity that is totally or partially exempt from such tax under paragraph (1) of Code Section 48-8-3, such distributor shall be entitled to either a credit or refund. The amount of the credit or refund shall be the prepaid state tax or prepaid local tax or both rates for which such governmental entity is exempt multiplied by the gallons of motor fuel purchased for its 2868 JOURNAL OF THE SENATE exclusive use. To be eligible for the credit or refund, the distributor shall reduce the amount such distributor charges for the fuel sold to such governmental entity by an amount equal to the tax from which such governmental entity is exempt. Should a distributor have a liability under this Code section, the distributor may elect to take a credit for those sales against such liability. (k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14. (l) An amount equal to the proceeds of the 1 percent additional special transportation sales and use tax levied by this Code section shall be paid over by the commissioner after collection to the treasurer of the State Road and Tollway Authority pursuant to Article III, Section XI, Paragraph III of the Constitution and the provisions of Chapter 12 of Title 32 for deposit into the trust fund authorized by such provisions for so long as authorized by Article III, Section XI, Paragraphs III and IV of the Constitution. In the event that the levy of said 1 percent additional special transportation sales and use tax and the deposit thereof into such fund shall be disapproved at any time pursuant to the provisions of Article III, Section XI, Paragraphs III and IV of the Constitution, it shall be the duty of the commissioner to provide by rule and regulation for the cessation of the levy of such 1 percent additional special transportation sales and use tax and the reduction of the rate of the tax levied by this Code section to 4 percent as of the date provided for by such Paragraph, regardless of whether the General Assembly shall provide by law for such reduction. In the event that, pursuant to the provisions of such Paragraph, such levy and deposit of such 1 percent additional special transportation sales and use tax shall thereafter be approved, it shall be the duty of the commissioner to provide by rule and regulation for the reinstitution of such levy and the increase of the rate of the tax provided for by this Code section to the rate of 5 percent as of the date provided for by such Paragraph, regardless of whether the General Assembly shall provide by law for such reinstitution." SECTION 2-3. Said title is further amended by revising Code Section 48-8-32, relating to collection of the tax from dealers, as follows: "48-8-32. The tax at the rate of 4 5 percent of the retail sales price at the time of sale or 4 5 percent of the cost price at the time of purchase, as the case may be, shall be collectable from all persons engaged as dealers in the sale at retail, or in the use, consumption, distribution, or storage for use or consumption in this state of tangible personal property." SECTION 2-4. Said title is further amended by revising Code Section 48-8-43, relating to the disposition of certain excess taxes, as follows: "48-8-43. When the tax collected for any period is in excess of 4 5 percent, the total tax collected THURSDAY, MARCH 26, 2009 2869 shall be paid over to the commissioner less the compensation to be allowed the dealer." SECTION 2-5. Said title is further amended by revising subsection (e) of Code Section 48-8-63, relating to the payment of the tax by certain contractors, as follows: "(e)(1) Any subcontractor who enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any nonresident subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any nonresident subcontractors on any given project equals or exceeds $250,000.00, shall withhold up to 4 5 percent of the payments due the nonresident subcontractor in satisfaction of any sales or use taxes owed this state. (2) The prime or general contractor shall withhold payments on all contracts that meet the criteria specified in paragraph (1) of this subsection until the nonresident subcontractor furnishes such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the nonresident subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 5 percent of the payments due the nonresident subcontractor under their contract, such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the nonresident subcontractor." SECTION 2-6. Said title is further amended by revising paragraphs (3.1), (4.1), and (5.1) of subsection (a) of Code Section 48-13-51, relating to the excise tax on rooms, lodgings, and accommodations, as follows: "(3.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center authority has been created by intergovernmental contract between a county and one or more municipalities located therein, and which trade and convention center authority is in existence on or before March 21, 1988, and which trade and convention center authority has not constructed or operated any facility before March 21, 1988, 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 (3.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a trade and convention center, exhibit hall, conference center, performing arts center, accommodations facilities including food service, or any combination thereof, for convention, trade show, athletic, musical, 2870 JOURNAL OF THE SENATE theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local trade and convention center authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 6 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (3.1). 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, a local building authority created by local constitutional amendment, and a trade and convention center authority created by intergovernmental contract between a county and one or more municipalities located therein, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (3.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 14 percent. Any tax levied pursuant to this paragraph (3.1) shall terminate not later than December 31, 2029, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (3.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (3.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (3.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a building authority created by local constitutional amendment, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (3.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a building authority created by local constitutional amendment for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the building authority created by local constitutional amendment and any obligation of the building authority created by local constitutional amendment to refund any prior obligation of the building authority created by local constitutional amendment, 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; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph THURSDAY, MARCH 26, 2009 2871 (3.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (3.1) by a building authority created by local constitutional amendment." "(4.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or operating a facility, may levy a tax under this Code section at a rate of 7 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 (4.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such coliseum authority; or (C) 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, a local coliseum authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph (4.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 12 13 percent. Any tax levied pursuant to this paragraph (4.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph (4.1), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (4.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (4.1) shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (4.1), the term: 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum authority for the construction, renovation, and operation of a facility 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 a local coliseum authority in connection therewith; 'obligation' shall 2872 JOURNAL OF THE SENATE include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and 'facility' shall mean a coliseum or other 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 or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority." "(5.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 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 (5.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority or a downtown development authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). 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, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, notwithstanding any provision of paragraph (8) of this subsection to the contrary. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 14 percent; provided, however, that any sales tax for educational purposes which is imposed pursuant to Article VIII, Section VI, Paragraph IV of the Constitution shall not be included in calculating such limitation. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains THURSDAY, MARCH 26, 2009 2873 outstanding any obligation issued to fund a facility as contemplated by this paragraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority or a downtown development authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development authority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority or the downtown development authority and any obligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown development authority, 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; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority or a downtown development authority; and 'downtown development authority' shall mean a downtown development authority created by local Act of the General Assembly for a municipality pursuant to a local constitutional amendment." PART III SECTION 3-1. 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. As used in this article, the term: (1) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. 2874 JOURNAL OF THE SENATE (2) 'District' means the special transportation districts created in Code Section 48-8222. (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution between a county, multiple counties, and one or more qualified municipalities located within the district containing a combined total of no less than 50 percent of the aggregate municipal population located within the district. Such an agreement may include the elements specified in subparagraphs (b)(1)(A) through (b)(1)(H) of Code Section 48-8-115, as modified to meet the characteristics of the district. (4) 'Levy' means the district-wide sales and use tax authorized by Code Section 48-8221. (5) 'Qualified municipality' means a qualified municipality as defined in Code Section 48-8-110 situated wholly or partly within a district. (6) 'Transportation project' or 'transportation purpose' means, without limitation, roads and bridges, freight and passenger rail, airports, public transit, buses, seaports, and all activities and structures useful and incident to providing, operating, and maintaining the same; provided, however, that transportation project or transportation purpose shall not include projects which are inconsistent with any state-wide strategic transportation plan adopted by the General Assembly. 48-8-221. (a) On and after January 1, 2011, a single sales and use tax of up to 1 percent may be levied as provided in this article to fund transportation projects in a district. (b) A county shall be wholly within one transportation district. No county shall be divided among more than one district. The boundaries of the districts shall be otherwise as determined by the constituent counties. (c) After the formation of a special transportation district but prior to the passage of the resolution calling for imposition of the tax authorized by this article, the governing authority of any county sharing a boundary with any county within a district may by resolution opt into such district. Prior to the county governing authority's vote to opt into the district, the county shall follow the procedures of paragraph (2) of subsection (a) of Code Section 48-8-222 for meeting with all of the qualified municipalities. In order to add the county to the district, the governing authorities of the counties within the district must concur. Not less than ten days prior to a vote on a resolution for such purpose, notice of the intention of a county to opt into the district shall be transmitted by the governing authority of such county to the governing authority of each qualified municipality within the county proposing to opt into the district and to the governing authority of each other county within such district. 48-8-222. (a)(1) Special transportation districts may be created by the governing authorities of two or more contiguous counties or by the governing authority of a single county. (2) Prior to the issuance of the call for the referendum required by Code Section 48- THURSDAY, MARCH 26, 2009 2875 8-223, the county or counties that desire to levy a tax under this article within the special transportation district created pursuant to this Code section shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. (b)(1) Following the meeting required by paragraph (2) of subsection (a) of this Code section, the governing authority of the county or counties within the district shall enter into an intergovernmental agreement with each other and with any or all qualified municipalities within the district containing a combined total of no less than 50 percent of the aggregate municipal population located within the district. (2) At a minimum, the intergovernmental agreement authorized by paragraph (1) of this subsection shall include the following: (A) A list of the projects and proposals qualifying as transportation purposes proposed to be funded from the levy; (B) The estimated or projected dollar amounts allocated for each project from proceeds from the levy; (C) The procedures for distributing proceeds from the levy to qualified municipalities; (D) A schedule for distributing proceeds from the levy to qualified municipalities which shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all transportation projects included in the agreement shall be funded from proceeds from the levy except as otherwise agreed; (F) A provision that proceeds from the levy shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article; and (H) Such other provisions as the county, counties, and qualified municipalities choose to address. (c)(1) As soon as practicable after the meeting between the governing authorities of the county or counties and qualified municipalities and the execution of an intergovernmental agreement, if applicable, the governing authority of the county or counties of the district may by a majority vote on a resolution offered for such purpose submit the project list and the question of whether the levy should be approved to electors of the district in an election called for such purpose and shall notify each county election superintendent within the district by forwarding to the superintendent a copy of such resolution calling for the imposition of the levy. (2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation projects to be funded; 2876 JOURNAL OF THE SENATE (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; and (C) The maximum period of time, to be stated in calendar years, for which the levy may be levied and the rate thereof. 48-8-223. (a) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the levy shall correspond generally to the procedures provided for by Part 1 of Article 3 of this chapter, except that the project or proposal list provided for by Code Section 48-8-222, or a digest thereof, shall be available during regular business hours in the office of the county clerk of each county that has authorized the levy. (b)(1) The ballot submitting the question of the imposition of the levy to the voters within the district shall have written or printed thereon the following: '( ) YES Shall a special ___ percent sales and use tax be imposed in the special transportation district consisting of _______County (or Counties) for a ( ) NO period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for the purpose of transportation?' (2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (c) The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the levy shall vote 'Yes' and all persons opposed to imposing the levy shall vote 'No.' If more than one-half of the votes cast throughout the entire district are in favor of imposing the levy, then the levy shall be imposed as provided in this article. (d) Where such question is not approved by the voters, the county or counties of the district may resubmit such question from time to time and may amend such project or proposal list or digest thereof. Proceedings for the reimposition of such levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. THURSDAY, MARCH 26, 2009 2877 (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of each county within the district may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county or counties from the levy. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of each county; and any liability on such debt which is not satisfied from the proceeds of the levy shall be satisfied from the general funds of each county. (f) Whenever the levy is authorized pursuant to the provisions of this article, the county or counties within the approving district shall levy a sales and use tax as provided for by this article, to be collected as provided by law. 48-8-224. (a) If the imposition of the levy is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the levy was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the levy shall apply to services billed on or after the effective date specified in the previous sentence. (b) The levy shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the levy; or (3) As of the end of the calendar quarter during which the commissioner determines that the levy will have raised revenues sufficient to provide to the district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the levy. (c)(1) At any time, no more than a single 1 percent tax under this article may be imposed within a district. (2) The governing authority of the county or counties within a district in which a levy is in effect may, while the levy is in effect, adopt resolutions calling for the reimposition of the levy upon the termination of the levy then in effect; and a special 2878 JOURNAL OF THE SENATE election may be held for this purpose while the levy is in effect. Proceedings for the reimposition of a levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (3) Following the expiration of a levy under this article, the county or counties within district may initiate proceedings for the reimposition of a levy under this article in the same manner as provided in this article for initial imposition of such levy. 48-8-225. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county or counties and qualified municipalities within the district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. 48-8-226. Reserved. 48-8-227. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale. 48-8-228. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed pursuant to the terms of the intergovernmental agreement. THURSDAY, MARCH 26, 2009 2879 48-8-229. The levy shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing. 48-8-230. (a) The levy shall only be levied on the first $5,000.00 of any transaction regarding a motor vehicle, watercraft, or aircraft. (b) The levy 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, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, '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. 48-8-231. Except as otherwise specifically provided in this article, the levy shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that such levy shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3. 48-8-232. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the levy due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the levy for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county. 48-8-233. No levy shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the levy is imposed regardless of the point at which title passes, if the delivery 2880 JOURNAL OF THE SENATE is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. 48-8-234. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the levy. 48-8-235. Except as provided in Code Section 48-8-6, the levy shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county shall not affect the authority of a county to impose the levy and the imposition of the levy shall not affect the imposition of any otherwise authorized local sales and use tax within the county. 48-8-236. (a)(1) The proceeds received from the levy shall be used by the county or counties and qualified municipalities within the district exclusively for the transportation projects and costs specified in the resolution calling for imposition of the levy. Such proceeds shall be kept in a separate account from other funds of any county and qualified municipality receiving proceeds of the levy and shall not in any manner be commingled with other funds of any county or qualified municipality prior to the expenditure. (2) The governing authority of each county and the governing authority of each qualified municipality receiving any proceeds from the levy pursuant to the intergovernmental agreement with the county shall maintain a record of each and every purpose for which the proceeds of the levy are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the levy the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (b) No general obligation debt shall be issued in conjunction with the imposition of the levy unless each county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the levy net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by each county from the levy. Such debt, THURSDAY, MARCH 26, 2009 2881 however, shall constitute a pledge of the full faith, credit, and taxing power of each county; and any liability on said debt which is not satisfied from the proceeds of the levy shall be satisfied from the general funds of the county. (c) The intergovernmental agreement and resolution calling for imposition of the levy may specify that all of the proceeds of the levy will be used for payment of general obligation debt issued in conjunction with the imposition of the levy. If the intergovernmental agreement and resolution so provide, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (d) The intergovernmental agreement and resolution calling for the imposition of the levy may specify that a part of the proceeds of the levy will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and resolution so provide, they shall specifically state the other purposes for which such proceeds will be used. In such a case no part of the net proceeds from the levy received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the levy are placed. (e) The resolution calling for the imposition of the levy may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used. (f)(1)(A) If the proceeds of the levy are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the levy, then any net proceeds of the levy in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the district receives from the levy net proceeds in excess of the maximum cost of the transportation projects and costs stated in the resolution calling for the imposition of the levy or in excess of the actual cost of such purpose or purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-224 by reason of denial of validation of debt, then all net proceeds received by the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of any county, counties, or qualified municipality within the district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county, counties, or qualified municipality, it being the intent that any funds so paid into the general fund of such county, counties, or qualified municipality be used for the purpose of reducing ad valorem taxes. 2882 JOURNAL OF THE SENATE 48-8-237. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the levy under this article shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each purpose in the resolution calling for imposition of the levy the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the local government intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose." PART IV SECTION 4-1. Parts I and II of this Act shall become effective on January 1, 2011, only if an amendment to the Constitution to approve the levy of a 1 percent additional special transportation sales and use tax to be deposited into a trust fund for purposes of transportation as set forth in such amendment is ratified by the voters at the November, 2010, general election. If such an amendment is not so ratified, Parts I and II of this Act shall not become effective and shall stand repealed on January 1, 2011. Part III of this Act shall become effective on January 1, 2011, only if Parts I and II stand repealed on January 1, 2011. This part shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4-2. 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 277. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 277. The Calendar was resumed. HB 280. By Representatives Coleman of the 97th, Ramsey of the 72nd, Cole of the 125th, Pruett of the 144th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide for additional compensation for teachers in mathematics or science under certain conditions; to provide for standards for mathematics and science endorsements; to remove THURSDAY, MARCH 26, 2009 2883 the sunset provision from the Georgia Master Teacher Program; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. Senator Weber of the 40th offered the following amendment #1: Amend HB 280 by adding after line 26: "(4) This subsection shall be subject to appropriations of the General Assembly." On the adoption of the amendment, there were no objections, and the Weber 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 50, nays 0. HB 280, having received the requisite constitutional majority, was passed as amended. 2884 JOURNAL OF THE SENATE HB 315. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; to provide for related matters; to provide for an effective date; 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 315: A BILL TO BE ENTITLED AN ACT To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by revising paragraphs (6), (29), and (35) of subsection (b) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows: "(6) Accepting, giving, or charging any undisclosed commission, fee, rebate, or direct profit, or other valuable consideration on expenditures made for a principal or any undisclosed commission, fee, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection, or for any other service related to a real estate transaction;" "(29) Failing to cause or preventing the disclosure of, on a real estate transaction settlement statement, settlement document, lease agreement, or management agreement, any fee, charge, rebate, profit, commission, referral fee, or other valuable consideration for any service related to such transaction and the recipient of the consideration; Reserved;" "(35) Failing to obtain a person's written agreement to refer that person to another licensee for brokerage or relocation services and to inform such person being referred THURSDAY, MARCH 26, 2009 2885 whether or not the licensee will receive a valuable consideration for such referral and an estimate of such consideration." 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 Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Seay Y Shafer Sims Y Smith Y Staton Stoner E Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 0. HB 315, having received the requisite constitutional majority, was passed by substitute. 2886 JOURNAL OF THE SENATE HB 334. By Representatives Knight of the 126th, Peake of the 137th, O`Neal of the 146th, Roberts of the 154th and Mosby of the 90th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of revenue and taxation, so as to change certain provisions regarding forms of payment; to provide for penalties when taxpayers who are required to file electronically do not do so; to provide an effective date; 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tarver N Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 1. HB 334, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 26, 2009 2887 The President resumed the Chair. The following bill was taken up to consider House action thereto: HB 233. By Representative Lindsey of the 54th: 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. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 233 by inserting "to provide for applicability;" between "exclusions;" and "to" on line 4. By striking lines 33 through 37 and inserting in their place the following: valuation of property. The limitations of this Code section shall take effect on January 1, 2010, for any county which performed or had performed on its behalf a comprehensive county-wide revaluation of all properties in the county in 2008 or any county which in 2009 was under contract prior to February 28, 2009, to have performed on its behalf a comprehensive county-wide revaluation of all properties in the county. By inserting between lines 52 and 53 the following: (i) The provisions of this chapter shall not apply to real property in any county for which a local constitutional amendment has been continued in force and effect as part of the Constitution which imposes millage rate limitations regarding ad valorem property taxes with respect to real property in such county or county school district unless such local constitutional amendment is repealed. (j) During the period of time in which this Code section is in effect, the commissioner shall continue to examine and review county tax digests as required under this chapter; provided, however, that, in the event a deficiency in the tax digest of a county is attributable directly to the limitations required by this Code section, no penalties shall be levied against such county regarding such deficiency. By striking "(i)" and inserting in its place "(k)" on line 53. Senator Rogers of the 21st moved that the Senate agree to the House amendment to the Senate substitute to HB 233. On the motion, a roll call was taken and the vote was as follows: 2888 JOURNAL OF THE SENATE Y Adelman Y Balfour N Brown Y Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey E Reed Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton N Stoner E Tarver Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 42, nays 6; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 233. Senator Rogers of the 21st excused for business outside the Senate Chamber. The Calendar was resumed. HB 410. 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 provide an exemption from insurance premium taxes for certain insurance products; to make certain technical corrections with regard to certain exemptions from insurance premium taxes for certain insurance products; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to make certain technical corrections regarding certain income tax deductions and income tax credits; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. The following Fiscal Note, as required by law, was read by the Secretary: THURSDAY, MARCH 26, 2009 2889 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 17, 2009 Honorable Tom Knox, Chairman House Insurance Committee State Capitol, Room 220-A Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 410 (LC 37 0850) Dear Chairman Knox: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This bill would provide an exemption from the local insurance premium tax on premiums for high deductible health plans. It also makes certain technical corrections with regard to exemptions from insurance premium taxes and income tax credits for such health plans. These corrections eliminate the requirement that high deductible plans be used in conjunction with a Health Savings Account in order to qualify for the specific tax provisions of the current code. The elimination of the requirement that an HSA be used in conjunction with a high deductible plan would be expected to generally increase the number of plans eligible for the specific tax exemptions and credits available under current law. However, it is not possible to estimate the number of incremental plans sold due to this provision and, therefore, no additional revenue loss is assumed to occur due to these technical corrections. To estimate the impact of the exemption from the 1% local premium tax applicable to such high deductible plans, data from a census of such plans conducted by America's Health Insurance Plans were used. These data provide estimates of the annual premiums for single and family coverage in the individual, small group and large group markets. This census also provides estimates of the prevalence of high deductible plans in Georgia in terms of the number of covered lives. 2890 JOURNAL OF THE SENATE From this data, an annual average premium across all markets and for individual and family plans was determined. In addition, the number of high deductible policies in force in Georgia was estimated. Since the legislation takes effect January 1, 2010, it was necessary to assume growth in the number of plans in force and the average growth rate in premiums. Nationally, the number of lives covered by high deductible health plans grew by over 40% in 2007 and over 35% in 2008. Future growth rates are likely to moderate as high deductible plans mature. It was assumed that growth equaled 25% in 2009, 20% in 2010 and 15% thereafter. The resulting revenue loss is $5.0 million in FY 2010 for the six months the legislation would be in effect, $11.2 million in FY 2011 and $13.6 million in FY 2012. 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: Adelman Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey E Reed E Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tarver Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams THURSDAY, MARCH 26, 2009 2891 On the passage of the bill, the yeas were 41, nays 6. HB 410, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd excused for business outside the Senate Chamber. HB 452. By Representatives Buckner of the 130th, Meadows of the 5th, Maxwell of the 17th and Gardner of the 57th: 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 a statement of legislative intent; to provide that certain members of the Employees' Retirement System of Georgia, Public School Employees Retirement System, Georgia Legislative Retirement System, and Georgia Judicial Retirement System shall not be eligible to receive any postretirement benefit adjustment; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hooks of the 14th. 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, 2009 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 452 (LC 21 0368S) 2892 JOURNAL OF THE SENATE Dear Representative Maxwell: This substitute bill would amend provisions relating to retirement and pensions under the Employees' Retirement System, the Judicial Retirement System, and the Legislative Retirement System. Specifically, this bill would affect any person who becomes a member of one of these retirement systems on or after July 1, 2009. If this legislation is enacted, such members would no longer be eligible to receive any postretirement benefit adjustments. This is to certify that this substitute bill 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 N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath N Henson Hill,Jack E Hill,Judson E Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell N Ramsey E Reed E Rogers Y Seabaugh Y Seay Y Shafer N Sims Smith Y Staton Y Stoner E Tarver N Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams THURSDAY, MARCH 26, 2009 2893 On the passage of the bill, the yeas were 35, nays 10. HB 452, 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 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 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; 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 Butler of the 18th, Channell of the 116th, and Cole of the 125th. The following bill was taken up to consider House action thereto: HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition 2894 JOURNAL OF THE SENATE to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Unterman of the 45th asked unanimous consent that the Senate adhere to its substitute to HB 228 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Goggans of the 7th, Grant of the 25th and Unterman of the 45th. Senator Weber of the 40th excused for business outside the Senate Chamber. The Calendar was resumed. HB 495. By Representatives Lane of the 167th, Maxwell of the 17th and Weldon of the 3rd: A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relations between principal and agent, so as to update language regarding conservators and guardians; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. The Senate Judiciary Committee offered the following substitute to HB 495: A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for the filling of vacancies in the office of judge of the probate court; to provide for the THURSDAY, MARCH 26, 2009 2895 qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; 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 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding a new Code section to read as follows: "15-9-2.1. (a) Appointment, compensation, and term. (1) The judge of the probate court may appoint one or more persons to serve as associate judges of the probate court in probate matters on a full-time or part-time basis subject to the approval of the governing authority of the county. Such associate judges of the probate court shall serve at the pleasure of the judge of the probate court. (2) Whenever a full-time associate judge of the probate court is appointed to serve in a probate court, the clerk of the probate court shall forward a certified copy of the order of appointment to the Council of Probate Court Judges of Georgia. (3) Full-time associate judges of the probate court shall be included in the list of members of the Council of Probate Court Judges of Georgia as set forth in Code Section 15-9-15. An associate judge of the probate court shall not be a voting member and shall not serve as an officer of the Council of Probate Court Judges of Georgia. (4) Compensation of the associate judges of the probate court shall be fixed by the judge of the probate court subject to the approval of the governing authority or governing authorities of the county or counties for which the associate judge of the probate court is appointed. The salary and any employment benefits of each associate judge of the probate court shall be paid from county funds. No associate judge of the probate court shall be eligible to participate in the Judges of the Probate Courts Retirement Fund of Georgia. (5) The term of employment of an associate judge of the probate court shall run concurrently with the term of the elected judge of the probate court pursuant to Code Section 15-9-1. (b) Authority. Both full-time and part-time associate judges of the probate court shall be vested with all of the authority of the judge of the probate court of the county or counties for which the associate judge of the probate court is appointed. In all proceedings before the court, the judgment of the associate judge of the probate court shall be the final judgment of the court for appeal purposes. (c) Qualifications and training requirements. (1) With the exception of the residency requirement set forth in subparagraph (a)(1)(B) of Code Section 15-9-2, all associate judges of the probate court shall have the same qualifications required of the elected judge of the probate court of the county 2896 JOURNAL OF THE SENATE or counties for which the associate judge of the probate court is appointed. (2) All full-time associate judges of the probate court shall complete the training requirements set forth for judges of the probate court in Code Section 15-9-1.1. All part-time associate judges of the probate court shall be required to attend a minimum of nine hours in an area related to probate court, mental health, or traffic matters as determined by the elected judge of the probate court. All probate required training shall be paid for by the governing authority or governing authorities of the county or counties for which the associate judge of the probate court is appointed. (d) Oath and bond. (1) Before entering on the duties of their offices, all full-time and part-time associate judges of the probate court shall take the oaths required of all civil officers and, in addition, the following oath: 'I do swear that I will well and faithfully discharge the duties of associate judge of the probate court for the County of __________________ during my continuation in office, according to law, to the best of my knowledge and ability, without favor or affection to any party. So help me God.' (2) The clerk of the probate court shall make an entry of the oath of each associate judge of the probate court on the minutes of the probate court. In the case of an associate judge of the probate court serving as a magistrate, no oath, certificate, or commission shall be required except the oath and commission of the associate judge of the probate court as an associate judge of the probate court. (e) Restriction on the practice of law and the fiduciary role. (1) It shall be unlawful for any full-time associate judge of the probate court to engage in any practice of law outside his or her role as an associate judge of the probate court. It shall be unlawful for any part-time associate judge of the probate court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in his or her own court or in any other court in any case, proceeding, or any other matters of which his or her own court has pending jurisdiction or has jurisdiction. It shall be unlawful for any associate judge of the probate court, full-time or part-time, to give advice or counsel to any person on any matter of any kind whatsoever that has arisen directly or indirectly in his or her own court, except such advice or counsel as he or she is called upon to give while performing the duties of an associate judge of the probate court. (2) The provisions of subsection (b) of Code Section 15-9-2 regarding limitations on the fiduciary role apply to both full-time and part-time associate judges of the probate court. (f) Assumption of duties upon vacancy in the office of judge of probate court. Notwithstanding the provisions of subsection (c) of Code Section 15-9-2 or Code Sections 15-9-10, 15-9-11, and 15-9-11.1, the senior full-time associate judge of the probate court shall be the first in line to serve as judge of the probate court in the event of a vacancy in the office of the judge of probate court and shall dispense with any and all unfinished proceedings pursuant to Code Section 15-9-12. The associate judge of THURSDAY, MARCH 26, 2009 2897 the probate court shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such associate probate judge meets any residency requirements otherwise imposed by law; however, the associate probate judge shall become a resident of the county before qualifying for election to the office of probate judge. Any associate probate judge taking office as authorized by this subsection shall thereafter be eligible to succeed himself or herself as long as he or she remains a resident of the county. (g) Proceedings when an associate judge of the probate court is disqualified. Whenever the judge of the probate court is disqualified to act in any case pursuant to Code Section 15-9-13, the associate judge of the probate court shall also be disqualified." SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 15-9-4, relating to additional eligibility requirements in certain counties, as follows: "(c) A judge of the probate court holding such office on or after June 30, 2000, shall continue to hold such office and shall be allowed to seek reelection for such office. Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office of judge of the probate court." SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 15-9-11, relating to calling of special election to fill vacancy, as follows: "(a) When a vacancy occurs in the office of judge of the probate court in any county, it shall be the duty of the person who assumes the duties of the judge, as provided in Code Section 15-9-10, within ten days after the vacancy occurs, to order a special election for the purpose of filling the vacancy. He or she shall give notice of the special election by publication in the newspaper in which the citations of the judge of the probate court are published. The special election shall be held in accordance with Chapter 2 of Title 21. Notwithstanding the provisions of this subsection, if the vacancy occurs after January 1 in the last year of the term of office of the judge of probate court, the person assuming the duties of the judge of the probate court shall be commissioned for and shall serve the remainder of the unexpired term of office." SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 15-9-30, relating to subject matter jurisdiction, as follows: "(a) Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of the following subject matters: (1) The probate of wills; 2898 JOURNAL OF THE SENATE (2) The granting of letters testamentary and of administration and the repeal or revocation of the same; (3) All controversies in relation to the right of executorship or administration; (4) The sale and disposition of the property belonging to, and the distribution of, deceased persons' estates; (5) The appointment and removal of guardians of minors, conservators of minors, guardians of incapacitated adults, and conservators of incapacitated adults and persons who are incompetent because of mental illness or mental retardation; (6) All controversies as to the right of guardianship and conservatorship, except that the probate court shall not be an appropriate court to take action under Code Section 19-7-4; (7) The auditing and passing of returns of all executors, administrators, guardians of property, conservators, and guardians; (8) The discharge of former sureties and the requiring of new sureties from administrators, guardians of property, conservators, and guardians; (9) All matters as may be conferred on them by Chapter 3 of Title 37; (10) All other matters and things as appertain or relate to estates of deceased persons and to persons who are incompetent because of mental illness or mental retardation; and (11) All matters as may be conferred on them by the Constitution and laws." 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas THURSDAY, MARCH 26, 2009 2899 Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed 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. HB 495, having received the requisite constitutional majority, was passed by substitute. HB 552. By Representatives Barnard of the 166th, Stephens of the 164th, Lane of the 167th, Bryant of the 160th, Williams of the 178th and others: A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to standards for wells and boreholes; to change certain provisions relating to bonds and letters of credit for water well contractors or drillers; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Johnson of the 1st. The report of the committee, which was favorable to the passage of the bill, was agreed 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Douglas Y Fort Y Goggans Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson 2900 JOURNAL OF THE SENATE Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 552, having received the requisite constitutional majority, was passed. Senator Adelman of the 42nd excused for business outside the Senate Chamber. HB 555. By Representatives Casas of the 103rd, Jones of the 46th and Coleman of the 97th: A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to revise certain provisions relating to the use of surplus property of a local board of education by a local charter school; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Johnson of the 1st. The report of the committee, which was favorable to the 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 Buckner Y Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S Y Tolleson Y Unterman THURSDAY, MARCH 26, 2009 2901 Y Grant Y Hamrick E Harbison Y Harp Y Pearson Y Powell Ramsey E Reed Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 555, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 565 until 1:00 p.m. Monday, March 30, 2009; the motion prevailed, and at 1:35 p.m. the President announced the Senate adjourned. 2902 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 30, 2009 Thirty-eighth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by Senator Tommie Williams, President Pro Tempore. 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 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 46. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th: 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 delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 47. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th: 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 SB 48. SB 61. SB 69. MONDAY, MARCH 30, 2009 2903 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. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide effective dates; to repeal conflicting laws; and for other purposes. By Senator Hudgens of the 47th: 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 related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. By Senators Unterman of the 45th, Murphy of the 27th, Balfour of the 9th, Hudgens of the 47th, Williams of the 19th and others: A BILL to be entitled an Act to amend Titles 19 and 49 of the Official Code of Georgia Annotated, relating to domestic relations and social services, respectively, so as to expand the definition of "sexual 2904 JOURNAL OF THE SENATE exploitation"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 89. By Senators Butler of the 55th, Williams of the 19th, Brown of the 26th, Mullis of the 53rd, Stoner of the 6th and others: A BILL to be entitled an Act to amend Code Section 16-12-120 of the Official Code of Georgia Annotated, relating to acts prohibited in public transit buses and rapid rail cars or stations, so as to allow the consumption of food and beverages in a rapid rail station or intermodal bus station; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 170. By Senators Adelman of the 42nd, Shafer of the 48th, Johnson of the 1st, Rogers of the 21st, Reed of the 35th 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 for state purchasing, so as to provide legislative findings; to provide definitions; to prohibit certain companies that have certain business operations in Sudan to bid on or submit a proposal for a state contract; to provide for exceptions; to provide for certain certifications; to provide penalties for false certifications; to provide for periodic reviews; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 213. By Senators Wiles of the 37th, Shafer of the 48th, Pearson of the 51st and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to specify manufacturer liability in certain cases; to provide for related matters; to provide for an effective date and applicability; 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 123. By Senators Hawkins of the 49th, Murphy of the 27th, Hudgens of the 47th, Thomas of the 54th, Williams of the 19th and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of MONDAY, MARCH 30, 2009 2905 Georgia Annotated, relating to insurance, so as to provide for regulation and licensure of pharmacy benefits managers by the Commissioner of Insurance; to provide for definitions; to provide for license requirements and filing fees; to provide for requirements and procedures affecting pharmacy benefits managers; to require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 155. By Senators Pearson of the 51st, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 165. By Senators Goggans of the 7th, Williams of the 19th, Hill of the 4th, Hawkins of the 49th and Hill of the 32nd: 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 authorize the Department of Community Health to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and the PeachCare for Kids Program; 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 Bill of the House: HB 813. By Representative Howard of the 121st: A BILL to be entitled an Act to amend an Act creating the AugustaRichmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 2906 JOURNAL OF THE SENATE 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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications of the members of the Authority; 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 261. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from City of St. Mary's 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. SB 266. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Kingsland 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. SB 267. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Woodbine 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. MONDAY, MARCH 30, 2009 2907 Mr. President: The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 431. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Bulloch of the 11th and Fort of the 39th: A RESOLUTION designating the Georgia Civil War Heritage Trails; and for other purposes. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 583. By Representatives England of the 108th, McCall of the 30th, Maddox of the 172nd, Collins of the 27th, James of the 135th and others: A RESOLUTION requesting that Congress oppose federal legislation that interferes with a state's ability to direct the transport or processing of horses; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 8. By Senators Murphy of the 27th, Hawkins of the 49th, Williams of the 19th and Thomas of the 54th: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for possession and self-administration of auto-injectable epinephrine by students; to provide for a definition; to provide for local board of education policies; to provide for requirements and conditions; to provide for disciplinary action for misuse of auto-injectable epinephrine; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: 2908 JOURNAL OF THE SENATE SR 96. By Senators Grant of the 25th, Hooks of the 14th, Johnson of the 1st, Harp of the 29th, Douglas of the 17th and others: A RESOLUTION urging the Board of Trustees and the president of Georgia Military College to maintain the current military programs at the military junior college of Georgia, Georgia Military College; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 24. By Senators Grant of the 25th, Seay of the 34th, Harp of the 29th, Crosby of the 13th and Stoner of the 6th: A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for comprehensive provisions regarding management of probationers; to provide for the 'Probation Management Act'; to provide administrative sanctions as an alternative to judicial modification or revocation of probation; to provide for preliminary administrative hearings and hearing officers; 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 104. By Senators Wiles of the 37th, Thomas of the 54th and Unterman of the 45th: 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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to provide the Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 30, 2009 2909 SB 141. By Senator Hamrick of the 30th: A BILL to be entitled an Act to change provisions relating to foreclosures and deficiency judgements; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to provide for filing documents when a deficiency judgment is sought; to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to provide for recording of documents relating to sales under power and deficiency judgments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 199. By Senators Wiles of the 37th, Harp of the 29th and Cowsert of the 46th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to suspend for one year the otherwise required annual training for magistrates and probate judges; 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 283. By Senators Heath of the 31st, Murphy of the 27th, Hooks of the 14th and Hill of the 4th: 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 first or again becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2010, 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. Referred to the Retirement Committee. 2910 JOURNAL OF THE SENATE SB 284. By Senators Thompson of the 5th, Harp of the 29th, Adelman of the 42nd, Reed of the 35th and Wiles of the 37th: 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 in administrative proceedings, so as to provide for the award of attorney's fees under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 285. By Senators Thompson of the 5th, Weber of the 40th, Stoner of the 6th, Mullis of the 53rd, Seay of the 34th and others: A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to allow a transportation services contract to authorize the extension of or addition to the Authority's existing rapid rail system; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 286. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 51 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Affordable HSA Eligible High Deductible Health Plan, so as to require insurers who issue high deductible health plans sold or maintained under the applicable provisions of Section 223 of the Internal Revenue Code in this state to offer in connection with such plans wellness and health promotion programs, disease and condition management programs, and health risk appraisal programs; to provide for an annual premium rebate under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 705. By Senator Mullis of the 53rd: A RESOLUTION creating the Senate Study Committee on the Certification of Building Inspectors and Code Enforcement Officials; and for other purposes Referred to the Regulated Industries and Utilities Committee. MONDAY, MARCH 30, 2009 2911 The following House legislation was read the first time and referred to committee: HB 793. By Representative Sims of the 169th: A BILL to be entitled an Act to create the City of Pearson Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for a principal office; to provide for validation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 794. 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. HB 795. 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, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 12, 2008 (Ga. L. 2008, p. 3774), so as to provide for staggered terms of office for chairperson and commissioners; to provide for implementation of such terms of office; to revise the requirements regarding the publication of receipts, expenditures, and disbursements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2912 JOURNAL OF THE SENATE HB 796. By Representative Sellier of the 136th: A BILL to be entitled an Act to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), so as to change the composition of the authority; to change the manner of appointment; to provide for terms; to provide for staff; to provide for meetings; to provide for duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 797. 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 provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; 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. HB 798. By Representative Lane of the 167th: A BILL to be entitled an Act to create a board of elections and registration for Long 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 qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 799. 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 Carnesville, approved April 13, 2001 (Ga. L. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to exchange the corporate boundaries of the city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. MONDAY, MARCH 30, 2009 2913 HB 800. By Representatives Rynders of the 152nd and Fullerton of the 151st: A BILL to be entitled an Act to provide for the consolidation and unification of the existing governments of the City of Albany and Dougherty County, Georgia; to provide for the creation of the consolidated and unified government of Albany-Dougherty County, Georgia; to provide for the status, boundaries, and powers of the consolidated and unified government; to provide for the form of, administration of, and affairs of the consolidated and unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum election with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 801. 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 amend an Act creating the Gainesville Redevelopment Authority, approved March 24, 1978 (Ga. L. 1978, p. 4440), so as to modify the composition and organization 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 802. 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 a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to select its mayor by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 803. 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 a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to elect its chairperson of the 2914 JOURNAL OF THE SENATE board of education by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 804. By Representatives Peake of the 137th, Sellier of the 136th and Epps of the 140th: A BILL to be entitled an Act to authorize the governing authority of Bibb County to levy an excise tax pursuant to subsection (b) of Code Section 48-1351 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 805. By Representatives Peake of the 137th, Epps of the 140th and Cole of the 125th: A BILL to be entitled an Act to authorize the governing authority of the City of Macon to levy an excise tax pursuant to subsection (b) of Code Section 48-1351 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 806. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend an Act creating the Gilmer County Kids Kottage Commission, approved May 14, 2008 (Ga. L. 2008, p. 4459), so as to change the number and composition of the membership; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 807. By Representatives Lucas of the 139th, Epps of the 140th and Randall of the 138th: A BILL to be entitled an Act to authorize the governing authority of the City of Macon to levy an excise tax pursuant to subsection (b) of Code Section 48-1351 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. MONDAY, MARCH 30, 2009 2915 HB 808. 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), by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4278), so as to revise the manner of selection of the members of the authority; to revise the manner of tabulating the votes for 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 809. By Representatives O`Neal of the 146th, Harden of the 147th, Sellier of the 136th and Talton of the 145th: A BILL to be entitled an Act to create the Warner Robins Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for exemptions from taxation; to provide for tort immunity; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 810. By Representative Holt of the 112th: A BILL to be entitled an Act to authorize the governing authority of the City of Covington to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 811. By Representatives Glanton of the 76th, Baker of the 78th, Johnson of the 75th, Abdul-Salaam of the 74th, Jordan of the 77th and others: A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as 2916 JOURNAL OF THE SENATE amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3838), and by an Act approved March 15, 1988 (Ga. L. 1988, p. 3933), and by an Act approved April 4, 1996 (Ga. L. 1996, p. 4083), so as to provide an additional judge for the State Court of Clayton 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 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 812. By Representatives Mitchell of the 88th, Mosby of the 90th, Mayo of the 91st, Abrams of the 84th, Mangham of the 94th and others: A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3779), so as to change certain provisions relating to the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 816. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to provide for a new charter for the City of Ringgold; 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 an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The 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: MONDAY, MARCH 30, 2009 2917 HB 119 Do Pass by substitute HR 161 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 492 Do Pass by substitute HB 528 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Vice 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 493 Do Pass by substitute Respectfully submitted, Senator Weber of the 40th District, Chairman Mr. President: The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 540 Do Pass Respectfully submitted, Senator Johnson of the 1st 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: 2918 JOURNAL OF THE SENATE HB 56 HB 63 HB 304 HB 349 HB 435 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass Do Pass HB 480 HB 483 HB 639 HB 700 SR 503 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute 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 64 HB 69 HB 217 HB 509 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute SR 664 SR 665 SR 672 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 189 HB 329 HB 388 Do Pass by substitute Do Pass by substitute Do Pass by substitute HB 514 HB 575 HB 608 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 169 HB 207 HB 367 Do Pass by substitute Do Pass by substitute Do Pass by substitute SR 619 Do Pass SR 667 Do Pass MONDAY, MARCH 30, 2009 2919 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 2 Do Pass by substitute HB 258 Do Pass by substitute HB 422 Do Pass SR 654 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 184 HB 327 SR 566 SR 605 Do Pass by substitute Do Pass by substitute Do Pass Do Pass SR 632 SR 685 SR 686 Do Pass by substitute 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 386 HB 541 HB 591 HB 593 HB 711 HB 723 HB 726 HB 734 HB 735 HB 741 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 745 HB 751 HB 755 HB 756 HB 763 HB 769 HB 776 SB 271 SB 280 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass 2920 JOURNAL OF THE SENATE Respectfully submitted, Senator Hawkins of the 49th 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 344 Do Pass by substitute 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 397 HR 336 SR 690 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: HB 2 HB 56 HB 63 HB 64 HB 69 HB 119 HB 169 HB 184 HB 189 HB 207 HB 217 HB 258 HB 304 HB 327 HB 329 HB 344 HB 349 HB 367 HB 388 HB 397 HB 422 HB 435 HB 480 HB 483 HB 492 HB 493 HB 509 HB 514 HB 528 HB 540 HB 575 HB 608 HB 639 HB 700 HR 161 HR 336 SR 503 SR 566 SR 605 SR 619 SR 632 SR 654 SR 664 SR 665 SR 667 SR 672 SR 685 SR 686 SR 690 Senator Thompson of the 33rd was excused for business outside the Senate Chamber. The following Senators were excused as conferees: Goggans of the 7th Grant of the 25th Unterman of the 45th MONDAY, MARCH 30, 2009 2921 Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused. The roll was called and the following Senators answered to their names: Adelman Brown Buckner Bulloch Butler Butterworth Chance Chapman Cowsert Crosby Douglas Golden Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson,L Jackson,W Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Seabaugh Seay Shafer Sims Smith Staton Stoner Tarver Tate Thomas Thompson,C Weber Wiles Not answering were Senators: Balfour Grant (Excused Conferee) Thompson, S. (Excused) Williams (Presiding) Fort Reed (Excused) Tolleson Goggans (Excused Conferee) Rogers Unterman (Excused Conferee) 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 Joint Legislative Ethics Economic Development The State Senate Atlanta, Georgia 30334 2922 JOURNAL OF THE SENATE 3/30/09 Please excuse Ross Tolleson, Senate District 20. I moved for the wrong party, Senate District 17. /s/ Seth Harp District 29 The members pledged allegiance to the flag. Senator Jackson of the 24th introduced the chaplain of the day, Pastor Micky Young of Thomson, Georgia, who offered scripture reading and prayer. Senator Fort of the 39th introduced the doctor of the day, Dr. Jason Liebweitz. The following resolutions were read and adopted: SR 695. By Senators Rogers of the 21st, Douglas of the 17th, Crosby of the 13th, Murphy of the 27th, Grant of the 25th and others: A RESOLUTION recognizing the Georgia 2012 Committee for the Republican National Convention and requesting that the Republican Party select the State of Georgia as the site for its 2012 national convention; and for other purposes. SR 696. By Senators Staton of the 18th and Brown of the 26th: A RESOLUTION recognizing and commending Mr. Le Kevin Smith; and for other purposes. SR 697. By Senator Balfour of the 9th: A RESOLUTION honoring the life and memory of Mr. Randy Samuel Roberts; and for other purposes SR 698. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION honoring the life and memory of Mr. Curtis "Buddy" Rogers, Jr.; and for other purposes. SR 699. By Senator Seabaugh of the 28th: A RESOLUTION recognizing the Coweta Up In Smoke Barbecue Cook-off as MONDAY, MARCH 30, 2009 2923 the Georgia State Championship and final state qualifier in the Florida Barbeque Association Triple Crown Championship; and for other purposes. SR 700. By Senator Seabaugh of the 28th: A RESOLUTION recognizing and commending the 2nd Bravo 121st Battalion of the 48th Brigade of the Georgia Army National Guard; and for other purpose. SR 701. By Senators Buckner of the 44th and Seay of the 34th: A RESOLUTION recognizing and commending Charles D. English, 2007 Clayton State University Overall Distinguished Alumnus; and for other purposes. SR 702. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Murphy of the 27th, Smith of the 52nd and others: A RESOLUTION recognizing the difficult economic times facing this nation and pledging that the recovery efforts begin now and in Georgia; and for other purposes. SR 703. By Senators Smith of the 52nd and Hooks of the 14th: A RESOLUTION recognizing Mr. Steve Redden; and for other purposes. SR 704. By Senators Seabaugh of the 28th, Mullis of the 53rd, Seay of the 34th, Stoner of the 6th, Moody of the 56th and others: A RESOLUTION recognizing and commending Mrs. Gena L. Evans; and for other purposes. SR 706. By Senators Pearson of the 51st, Williams of the 19th, Hooks of the 14th, Shafer of the 48th, Moody of the 56th and others: A RESOLUTION recognizing his Excellency Claudio Leoncavallo, Consul General of Switzerland in Atlanta, Georgia; and for other purposes. SR 708. By Senator Hudgens of the 47th: A RESOLUTION commending and congratulating Mr. W. Barry Davis, LUTCF; and for other purposes 2924 JOURNAL OF THE SENATE Senator Pearson of the 51st recognized his Excellency Claudio Leoncavallo, Consul General of Switzerland in Atlanta, Georgia, commended by SR 706, adopted today. His Excellency Claudio Leoncavallo addressed the Senate briefly. Senator Hill of the 4th recognized the Community Assistance in Fire Emergencies Team of Statesboro, Georgia, commended by SR 591, adopted previously. Fire Chief Dennis Merrifield addressed the Senate briefly. Senator Rogers of the 21st recognized David Cano, commended by SR 604, adopted previously. David Cano addressed the Senate briefly. Senator Ramsey of the 43rd recognized the Miller Grove varsity boys basketball team, commended by SR 670, adopted previously. Dr. S. Carol Thedford, Principal of Miller Grove High School addressed the Senate briefly. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday, March 30, 2009 Thirty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 271 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. SB 280 Staton of the 18th Brown of the 26th MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved HB 386 HB 541 HB 591 MONDAY, MARCH 30, 2009 2925 March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to change the procedure for choosing members of such authority; to provide for terms for such members; to provide for certain billing cycles; to eliminate certain excises; to provide for the elimination of certain compensation plans; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th PIERCE COUNTY A BILL to be entitled an Act to create a board of elections and registration for Pierce 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 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. Powell of the 23rd CITY OF TENNILLE A BILL to be entitled an Act to provide a new charter for the City of Tennille; 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 other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Goggans of the 7th CITY OF DOUGLAS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 2926 HB 593 HB 711 HB 723 JOURNAL OF THE SENATE 1993, p. 4022), as amended, so as to revise the provisions for the filling of vacancies in the office of mayor or commission member; to provide for related matters; to repeal conflicting laws; and for other purposes. Williams of the 19th CITY OF DENTON A BILL to be entitled an Act to amend an Act to create and incorporate the City of Denton in the County of Jeff Davis and grant a charter to that municipality under that name and style, approved February 28, 1966 (Ga. L. 1966, p. 2352), so as to revise the manner of filling vacancies; to provide for submission 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. Williams of the 19th TOOMBS COUNTY A BILL to be entitled an Act to create a board of elections and registration for Toombs County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for procedures; to provide for appointment of a chief election official; to provide for meetings; to provide for employment of full-time and part-time employees; to provide for compensation of board members and employees of the board; to provide for expenditure of public funds for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Jackson of the 24th COLUMBIA COUNTY A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved March 23, 1993 (Ga. L. 1993, p. 4180), as amended, so as to revise certain term limitations on members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 726 HB 734 HB 735 MONDAY, MARCH 30, 2009 2927 Tolleson of the 20th JOHNSON COUNTY A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), so as to again reapportion or redistrict such districts; 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. Goggans of the 7th CITY OF WAYCROSS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to provide that citizens of the City of Waycross shall have the right to address or speak to the city commissioners on official actions or other topics relating to the business of the city commission at meetings of the city commission by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the city commissioners; to provide for related matters; 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 creating a board of commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to provide that citizens of Ware County shall have the right to address or speak to the commissioners on official actions or other topics relating to the business of the board of commissioners at meetings of the board of commissioners by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. 2928 HB 741 HB 745 HB 751 JOURNAL OF THE SENATE Powell of the 23rd WASHINGTON COUNTY PUBLIC FACILITIES AUTHORITY A BILL to be entitled an Act to create the Washington 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 of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; 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. Tolleson of the 20th CITY OF DUBLIN A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4409), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Crosby of the 13th Tolleson of the 20th WILCOX COUNTY A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to provide for staggered terms for members of the board of education; to provide for continuation in office of certain members; to provide for election and terms of office for subsequent members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 755 HB 756 HB 763 HB 769 MONDAY, MARCH 30, 2009 2929 Tolleson of the 20th TELFAIR COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to provide for commissioner districts; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the election of the chairperson from the county at large; 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 provide an effective date; to repeal conflicting laws; and for other purposes. Golden of the 8th LOWNDES COUNTY A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for the powers and composition of the board of commissioners; to provide for election districts, qualifications, terms of office, and filling of vacancies of commissioners; to provide for submission pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a referendum, severability, contingent effective dates, and automatic repeal; to provide for the repeal of existing enabling legislation; 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 re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4454), so as to give to the chairperson of the board of commissioners a vote only in the event of a tie vote; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Seabaugh of the 28th CITY OF FRANKLIN SPRINGS A BILL to be entitled an Act to amend an Act providing a new 2930 JOURNAL OF THE SENATE charter for the City of Franklin Springs, approved April 13, 1992 (Ga. L. 1992, p. 6180), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3959), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes. HB 776 Grant of the 25th CITY OF MILLEDGEVILLE A BILL to be entitled an Act to authorize the governing authority of the City of Milledgeville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort C Goggans Y Golden C Grant Y Hamrick Y Harbison Y Harp Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Tolleson C Unterman Y Weber Y Wiles Williams (PRS) 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. MONDAY, MARCH 30, 2009 2931 Senator Tolleson of the 20th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR MONDAY, MARCH 30, 2009 THIRTY-EIGHTH LEGISLATIVE DAY HB 29 Service and filing pleadings; electronic service; provide (Substitute) (JUDY-46th) Jacobs-80th HB 46 Sales and use tax; certain sales of dyed fuel oils; provide exemption (FIN-11th) Roberts-154th HB 49 Georgia Board of Physicians Workforce; revise certain provisions (H&HS-7th) Channell-116th HB 57 Motor vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate (Substitute)(PUB SAF-27th) Powell-29th HB 74 Revenue and taxation; define terms; provide (FIN-16th) O`Neal-146th HB 115 Distilled spirits; state license requirements; identifying information; provide (Substitute)(RI&U-41st) Jerguson-22nd HB 121 Revenue and taxation; prepaid state fuel tax; provide exemption (FIN-31st) Cole-125th HB 127 Uniform Real Property Electronic Recording Act; adopt; provisions (Substitute)(JUDY-46th) Lindsey-54th HB 129 Sales and use tax exemptions; zoological institute; provide (FIN-16th) Lindsey-54th HB 145 Child Support; revise a definition; correct cross-references; provisions (JUDY-29th) Lindsey-54th HB 156 Magistrate judges; performing military duty; eligible for reelection; provisions (Substitute)(ETHICS-24th) Harbin-118th HB 167 Cherokee County State Court; additional judge; provide (JUDY-21st) Jerguson-22nd HB 193 Elementary and secondary education; 180 day school year; provisions (Substitute)(ED&Y-50th) Graves-12th 2932 JOURNAL OF THE SENATE HB 216 HB 243 HB 245 HB 251 HB 283 HB 313 HB 324 HB 326 HB 358 HB 364 HB 368 HB 396 HB 440 HB 444 Cordele Judicial Circuit; superior court; change certain terms (JUDY-13th) Harden-147th Elementary and secondary education; salary increase; repeal (Substitute) (ED&Y-40th) Pruett-144th Delinquent and unruly children; disposition; change provisions (JUDY-29th) Willard-49th Quality Basic Education Act; public school student; attend any local school; provide (Substitute)(ED&Y-40th) Morgan-39th Supreme Court and Court of Appeals; filing fees; change certain provisions (Substitute)(JUDY-52nd) Martin-47th Quality Basic Education Act; calculating grade point averages; revise certain provisions (H ED-29th) Hembree-67th State courts; require payment of costs of an appeal; provisions (JUDY-46th) Ralston-7th Licenses; hunting, fishing, and trapping; change certain provisions (NR&E-20th) Lane-158th Sales and use tax; food for hunger and disaster relief; extend exemptions (FIN-21st) Martin-47th Sales and use tax; airplane flight simulation training device; provide exemption (FIN-51st) Stephens-164th Controlled substances; Schedule II, III, and IV; change certain provisions (H&HS-29th) Stephens-164th Drivers' licenses; driving record; uniform traffic citations; provisions (Substitute)(PUB SAF-53rd) Graves-12th Public utility and transportation; state government endorsed rideshare programs; provisions (TRANS-24th) Anderson-117th Revenue and taxation; certain tax return preparers; civil penalties and injunctive relief; provide (FIN-28th) Knight-126th MONDAY, MARCH 30, 2009 2933 HB 457 Disabled adults and elder persons; revise definition; acts in long-term care facilities unlawful; provide (Substitute)(H&HS-52nd) Peake-137th HB 464 Conditions of detention; certain medical costs; deductions from inmate account; modify provisions (Substitute)(PUB SAF-53rd) Reece-11th HB 475 Georgia Registered Professional Nurse Practice Act; nontraditional education programs; revise certain provisions (Substitute)(H ED-49th) Cooper-41st HB 476 Peace Officers' Annuity and Benefit Fund; retirement benefit options; provisions (Substitute)(RET-49th) Maxwell-17th HB 529 Agriculture; certain local ordinances; preempt (AG&CA-11th) McCall-30th HB 581 Georgia Works Job Creation and Protection Act of 2009; enact (Substitute) (I&L-47th) Coan-101st HB 614 Georgia Prescription Monitoring Program Act; enact (Substitute) (RI&U-48th) Cooper-41st HB 662 Public Safety, Department of; Capitol Police Division; create (PUB SAF-17th) Chambers-81st HB 667 Hospital acquisition; notice to Attorney General; change certain provisions (JUDY-52nd) Allison-8th HR 338 General Assembly; development of Georgia's energy resources; express support (NR&E-11th) 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: HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for 2934 JOURNAL OF THE SENATE electronic service of pleadings subsequent to the original complaint; 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 29: A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Civil Practice Act," so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for presumptions regarding service of pleadings by e-mail on an attorney; to provide for a stay of discovery when a motion to dismiss is filed; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Civil Practice Act," is amended by revising subsection (b) of Code Section 9-11-5, relating to service and filing of pleadings subsequent to the original complaint and other papers, as follows: "(b) Same -- How made. Whenever under this chapter service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him the person to be served or by mailing it to him the person to be served at his the person's last known address or, if no address is known, by leaving it with the clerk of the court. As used in this Code section, the term 'delivery of a copy' means handing it to the attorney or to the party, person to be served or leaving it at his the person to be served's office with his clerk or other a person in charge thereof or, if the such office is closed or the person to be served has no office, leaving it at his the person to be served's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. 'Delivery of a copy' also means transmitting a copy via e-mail in portable document format (PDF) to the person to be served using all e-mail addresses provided pursuant to subsection (f) of this Code section and showing in the subject line of the email message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail is complete upon mailing. Proof of service may be made by certificate of an attorney or of his or her employee, by written admission, by affidavit, or by other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service." MONDAY, MARCH 30, 2009 2935 SECTION 2. Said chapter is further amended by adding a new subsection to Code Section 9-11-5, relating to commencement of action and service, to read as follows: "(f) Electronic service of pleadings. (1) A person to be served may consent to being served with pleadings electronically by: (A) Filing a notice of consent to electronic service and including the person to be served's e-mail address or addresses in such pleading; or (B) Including the person to be served's e-mail address or addresses in or below the signature block of the complaint or answer, as applicable to the person to be served. (2) A person to be served may rescind his or her election to be served with pleadings electronically by filing and serving a notice of such rescission. (3) If a person to be served agrees to electronic service of pleadings, such person to be served bears the responsibility of providing notice of any change in his or her email address or addresses. (4) If electronic service of a pleading is made upon a party who is represented by an attorney, and such attorney certifies to the court that he or she did not receive such pleading, it shall be presumed that such pleading was not received unless the serving party disputes the assertion of nonservice, in which case the court shall decide the issue of service of such electronic pleading." SECTION 3. Said chapter is further amended by revising subsection (e) of Code Section 9-11-6, relating to time, as follows: "(e) Additional time after service by mail or e-mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon him the party by mail or e-mail, three days shall be added to the prescribed period." SECTION 4. Said chapter is further amended by adding a new subsection to Code Section 9-11-12, relating to answers, defenses, and objections in civil practice, to read as follows: "(j)(1) Stay of discovery. If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 120 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner; provided, however, that such stay may be extended: (A) By the court on its own motion; (B) By agreement of the parties, filed with the court; or (C) By order of the court upon motion of a party to extend such stay for good cause. (2) The filing of a motion to dismiss against less than all counts alleged shall only 2936 JOURNAL OF THE SENATE stay discovery related to the challenged claims. (3) Discovery shall be extended for the duration of the stay of discovery imposed by this subsection. (4) Upon a showing of good cause, a court may grant a motion for expedited discovery while the motion to dismiss is pending. Good cause may include, but shall not be limited to, discovery needed because a witness will be unavailable during the discovery period or because a party is seeking an interlocutory injunction. (5) If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of subsection (b) of this Code section, limited discovery needed to respond to such defenses shall be permitted until the court rules on such motion. (6) The provisions of this subsection shall not modify or affect the provisions of paragraph (2) of subsection (f) of Code Section 9-11-23. (7) The court shall decide any motion to dismiss which results in the imposition of a stay of discovery pursuant to this subsection during the time period in which such stay exists." SECTION 5. (a) Sections 1 through 3 of this Act shall become effective on January 1, 2010. (b) Section 4 of this Act shall become effective on July 1, 2009, and shall apply to motions to dismiss filed after July 1, 2009. (c) Sections 5 and 6 of this Act shall become effective on July 1, 2009. 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 Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate MONDAY, MARCH 30, 2009 2937 Y Crosby Y Douglas Y Fort Y Goggans Y Golden C Grant Y Hamrick Y Harbison Y Harp Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thomas Y Thompson,C Y Thompson,S E Tolleson C Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 0. HB 29, having received the requisite constitutional majority, was passed by substitute. The President assumed the Chair. Senator Golden of the 8th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 46. By Representatives Roberts of the 154th, Golick of the 34th, Pruett of the 144th, Cole of the 125th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Title 48 of the OC.G.A., relating to revenue and taxation, so as to provide for an exemption for a limited period of time with respect to state sales and use taxes applicable to sales of dyed fuel oils, as defined in paragraph (5.1) of Code Section 48-9-2, which are used exclusively for agricultural purposes, timber growing or harvesting purposes, or mining or construction purposes and used directly by such industry sectors for such purposes and not for highway use as defined in paragraph (8) of Code Section 48-9-2; to provide for legislative findings; 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 ratify an executive order of the Governor suspending the collection of such taxes; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. The following Fiscal Note, as required by law, was read by the Secretary: 2938 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 January 14, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 46 (LC 18 7780-EC) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This legislation would ratify the Executive Order of the Governor to suspend collection of the sales and use tax on off-road or dyed diesel fuel oil. This Executive Order was effective May 12, 2008. This legislation would make the suspension effective until May 31, 2009. The suspension applies to the state portion of sales and use tax only; local sales and use taxes would continue in effect. Under Georgia law, off-road diesel is subject to the 4% state sales tax and any applicable local sales tax. While dyed diesel fuel is not subject to motor fuel tax, fuel distributors do report gallon information to the Department of Revenue. It is not known how comprehensive this data is. For Fiscal Year 2008, gallons reported as sold totaled 7.22 million. It is possible that this gallons estimate misses some portion of the sales of off-road diesel in the state. Thus, these data may be somewhat low compared to actual consumption. Over the last six weeks from December 8, 2008, through January 12, 2009, retail diesel prices have averaged $2.404 per gallon. This price is used to estimate the revenue MONDAY, MARCH 30, 2009 2939 reduction. Based on reported gallons and this price level, the annual reduction in state tax revenues from a suspension of the sales tax on off-road diesel would be $694,275. Since the suspension would be in effect for eleven months in the current fiscal year, the expected revenue reduction would be $636,419 in state revenues. This should be considered a lower bound estimate since distributors are not required to report dyed diesel sales. A second approach was used to estimate the potential revenue loss. The Census of Agriculture reports that total farm spending in Georgia on gasoline, fuels and oils equaled $149 million in 2002. The Producer Price Index has increased since that time by a factor of 2.89 indicating that expenses at current prices would be approximately $430.6 million. No breakout is available regarding the composition of the farm spending on gasoline, fuels and oils. Assume that diesel represents 50% of total fuels spending. Using this assumption, the revenue loss would be on the order of $8.6 million. Prorated over eleven months, the loss would be approximately $7.9 million. This estimate is likely an upper bound on the revenue loss potential. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget Senators Moody of the 56th, Chance of the 16th and Rogers of the 21st offered the following amendment #1: Amend HB 46 LC 18 7780EC by adding on line 31 after the word "of"........ "The earlier of the last day of the month of the effective date of this act or" On the adoption of the amendment, there were no objections, and the Moody 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 Y Balfour N Brown Y Buckner Y Hawkins Y Heath Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer 2940 JOURNAL OF THE SENATE Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans E Golden C Grant Y Hamrick Y Harbison Y Harp Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Johnson Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 4. HB 46, having received the requisite constitutional majority, was passed as amended. HB 49. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th and Cooper of the 41st: A BILL to be entitled an Act to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce, so as to revise certain provisions relating to the powers, duties, and responsibilities of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton MONDAY, MARCH 30, 2009 2941 Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden C Grant Y Hamrick Y Harbison Y Harp Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 52, nays 0. HB 49, having received the requisite constitutional majority, was passed. HB 57. By Representatives Powell of the 29th and Rice of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; 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 57: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of 2942 JOURNAL OF THE SENATE Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that certain provisions are unenforceable; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for promulgation of rules; to provide exemptions from application of provisions; 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. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising Code Section 40-2-1, relating to definitions, as follows: "40-2-1. As used in this chapter, the term: (1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue. (4) 'Motor carrier' means: (A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner, commissioner of public safety, or Public Service Commission who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5, Title 46, or this chapter whether operated in interstate or intrastate commerce, or both. (5) 'Operating authority' means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a. (6) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations. (4)(7) 'Resident' means a person who has a permanent home or abode domicile in Georgia and to which, whenever he or she is having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (5)(8) 'Revocation of vehicle registration' means the termination by formal action of MONDAY, MARCH 30, 2009 2943 the department of a vehicle registration, which registration shall not be subject to renewal or restoration reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (6)(9) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department." SECTION 2. Said title is further amended by inserting a new article to read as follows: "ARTICLE 6A 40-2-140. (a) The Department of Revenue shall be the state agency responsible for the administration of the federal Unified Carrier Registration Act of 2005, which includes participating in the development, implementation, and administration of the Unified Carrier Registration Agreement. (b) Every foreign or domestic motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in interstate commerce in this state shall register with the commissioner or a base state and pay all fees as required by the federal Unified Carrier Registration Act of 2005. (c)(1) Any motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in intrastate commerce and operates a motor vehicle on or over any public highway of this state shall register with the commissioner and pay a fee determined by the commissioner. (2) No motor carrier shall be issued a registration unless there is filed with the commissioner or the Federal Motor Carrier Safety Administration or any successor agency a certificate of insurance for such applicant or holder, on forms prescribed by the commissioner, evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state. Such policy shall provide for the protection of passengers in passenger vehicles and the protection of the public against the negligence of such motor carrier, and its servants or agents, when it is determined to be the proximate cause of any injury. The commissioner shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. Failure to file any form required by the commissioner shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer. The insurer may file its certificate of insurance electronically with the commissioner. (3) The commissioner shall have the power to permit self-insurance in lieu of a policy of indemnity insurance whenever in his or her opinion the financial ability of the motor carrier so warrants. (4) Any person having a cause of action, whether arising in tort or contract, under this 2944 JOURNAL OF THE SENATE Code section may join in the same cause of action the motor carrier and its insurance carrier. (d) Before any motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (e) In addition to any requirements under the federal Unified Carrier Registration Act of 2005, motor carriers required to have operating authority shall fulfill all applicable requirements for obtaining operating authority prior to any operation of a motor vehicle to which such requirements apply. (f) The commissioner shall collect the fees imposed by this Code section and may establish rules and regulations and prescribe such forms as are necessary to administer this Code section and the federal Unified Carrier Registration Act of 2005. Notwithstanding the provisions of Code Sections 40-2-131 and 48-2-17, the commissioner shall retain and utilize such fees for motor carrier safety programs and enforcement and administration of this article. (g) The commissioner of public safety, and persons he or she designates pursuant to Chapter 2 of Title 35, shall have the authority to perform regulatory compliance inspections under the provisions of Article 5 of Chapter 2 of Title 35 for purposes of determining compliance with laws and regulations, the enforcement and administration of which is the responsibility of the Department of Public Safety. (h) Every officer, agent, or employee of any corporation and every person who fails to comply with this article and any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for in Chapter 13 of this title." SECTION 3. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-7-12.1, relating to motor carriers' requirements as to obtaining indemnity insurance or self-insurance before issuance of permit, in its entirety as follows: "46-7-12.1. (a) As used in this Code section, the term: (1) 'Motor carrier transportation contract' means a contract, agreement, or understanding covering: (A) The transportation of property for compensation or hire by the motor carrier; (B) Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or (C) A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property. (2) 'Promisee' means the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor MONDAY, MARCH 30, 2009 2945 carriers party to a motor carrier transportation contract with a promisee and such motor carrier's agents, employees, servants, or independent contractors directly responsible to such motor carrier. (b) Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable." SECTION 4. Said title is further amended by repealing and reserving Code Section 46-7-15, relating to registration and licensing of motor carriers and cities and counties barred from levying taxes on carriers. SECTION 5. Said title is further amended by repealing Code Section 46-7-15.1, relating to motor carrier of property permits, in its entirety. SECTION 6. Said title is further amended by repealing and reserving Code Section 46-7-16, relating to registration and insurance for motor carriers engaged solely in interstate commerce; emergency, temporary, or trip-lease vehicle registration permits; late registration and identification; reciprocal agreements; and certificate not required. SECTION 7. Said title is further amended by revising Code Section 46-7-26, relating to the authority of the commissioner to promulgate rules and regulations for safety, as follows: "46-7-26. (a) The commissioner of public safety shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner of public safety shall include the following: (1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner of public safety shall from time to time promulgate; (2) Every driver employed to operate a motor vehicle for a motor carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; and 2946 JOURNAL OF THE SENATE (4) The commissioner of public safety shall require every motor common, contract, exempt, and contract carrier private carrier's vehicles to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commissioner of public safety. Such identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005. (b) Regulations governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, provided that such compatible federal regulations or standards shall be maintained on file by the Department of Public Safety and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's computer Internet site. The commissioner of public safety may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State merely the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published. (c) The commissioner of public safety may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005." SECTION 8. Said title is further amended by revising Code Section 46-7-37, relating to private carriers excepted from application of article; safety rules authorized; and certificates or permits not required, as follows: "46-7-37. (a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing the motor vehicle in private transportation over any public highway in this state. (b) The commission shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commission shall from time to time promulgate. Private carriers shall be subject to the requirements of Code Sections 46-7-26 and 46-727, as well as the jurisdiction of the commissioner of public safety, pursuant to Article 5 of Chapter 2 of Title 35. (c) Private carriers are not required to hold certificates or permits issued by the commission." MONDAY, MARCH 30, 2009 2947 SECTION 9. Said title is further amended by revising Code Section 46-7-39, relating to the penalty for failure to comply with Chapter 7 of such title, as follows: "46-7-39. (a) Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this chapter relating to the regulation of motor carriers, or any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. (b) No person shall drive or operate, or cause the operation of, a motor vehicle in violation of an out-of-service order. As used in this subsection, the term 'out-of-service order' means a temporary prohibition against operating as a carrier or driving or moving a motor vehicle, freight container or any cargo thereon, or any package containing a hazardous material. (c) Misdemeanor violations of this chapter may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of Title 40." SECTION 10. (a) Section 3 of this Act shall become effective on July 1, 2009, and shall apply to contracts entered into on or after such date. (b) Sections 4 and 5 of this Act shall become effective October 1, 2009, for the purpose of adopting rules and regulations to implement the federal Unified Carrier Registration Act of 2005. (c) The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Senators Mullis of the 53rd, Hill of the 32nd and Murphy of the 27th offered the following amendment #1 to the committee substitute: Amend the Senate Public Safety Committee substitute to HB 57 (LC 35 1432S) by inserting between lines 125 and 126 the following: Motor carrier transportation contract shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Associaton of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment. On the adoption of the amendment, there were no objections, and the Mullis et al. amendment #1 to the committee substitute was adopted. Senators Murphy of the 27th and Mullis of the 53rd offered the following amendment #2 to the committee substitute: 2948 JOURNAL OF THE SENATE Amend the Senate Public Safety Committee substitute to HB 57 (LC 35 1432S) by adding "amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to waiver of motor vehicle warranty rights, so as to increase the fee for the motor vehicle arbitration account" at the beginning of line 1. By inserting between lines 12 and 13 the following: SECTION .1. Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to waiver of motor vehicle warranty rights, is amended by revising subsection (a) as follows: "(a) A fee of $3.00 $5.00 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 quarter's 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." 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 8, nays 32, and the Murphy, Mullis amendment #2 to the committee substitute 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 Buckner Y Bulloch Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims MONDAY, MARCH 30, 2009 2949 Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden C Grant Y Hamrick Y Harbison Y Harp Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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. HB 57, having received the requisite constitutional majority, was passed by substitute. HB 74. 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. Senate Sponsor: Senator Chance of the 16th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 2950 JOURNAL OF THE SENATE February 17, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 74 Substitute (LC 18 8083S) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This legislation reconciles the Georgia tax code with changes made to the Federal tax code in 2008. The table below provides a detailed breakdown of the expected cost associated with this bill. The legislation adopts most changes to the Federal code retroactively but does exclude some items. These items and their associated costs are listed in the table. The net cost to the State of including most changes but excluding these specific ones is provided in the last line of the table. Total Cost of Accepting All Provisions (Retroactively) Less Cost of Exclusions: 168(k) modifications to 1221 modifications to 179 168(e)(3)(B)(vii) 168(e)(3)(E)(ix), 168(b)(3)(I), 168(e)(8) 168(e)(7) 168(m) 168(n) 172(b)(1(F), 172(b)(1)(J), 172(j) 1400N(f) 1400N(d),1400N(k), 1400N(o) Total Cost of Exclusions Net Cost of Update Bill (1) Loss of less than $500,000 2009 $ in Millions/Fiscal Years 2010 2011 2012 2013 Total -271 -11 30 10 1 -241 -210 21 43 34 21 -91 -6 -1 (1) (2) (2) -7 -5 (2) 2 1 1 -2 (1) (1) (1) -1 -1 -3 -4 -2 -1 -2 -2 -11 -2 -1 -1 -1 -1 -6 (1) (1) (1) (1) (1) (1) -7 -6 -5 -6 (2) -23 -1 -1 (2) (2) 1 -1 (1) (1) (1) -1 -1 -2 ---------Insignificant Revenue Effect---------- -235 9 -35 -20 39 25 18 -146 -8 -15 -17 -95 MONDAY, MARCH 30, 2009 2951 (2) Gain of less than $500,000 Totals may not add due to rounding. 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden C 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 52, nays 0. HB 74, having received the requisite constitutional majority, was passed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: 2952 JOURNAL OF THE SENATE Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 26. By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 55. By Senators Pearson of the 51st, Rogers of the 21st, Shafer of the 48th and Williams of the 19th: A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the factors to be considered in determining fair market value of real property; to repeal conflicting laws; and for other purposes. SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; 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 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: 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 MONDAY, MARCH 30, 2009 2953 provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; 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. 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 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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. The Speaker has appointed on the part of the House, Representatives Smith of the 129th, Sheldon of the 105th, and Smyre of the 132nd. The House has agreed to the Senate amendment to the following Bill of the House: HB 280. By Representatives Coleman of the 97th, Ramsey of the 72nd, Cole of the 125th, Pruett of the 144th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide for additional compensation for teachers in mathematics or science under certain 2954 JOURNAL OF THE SENATE conditions; to provide for standards for mathematics and science endorsements; to remove the sunset provision from the Georgia Master Teacher Program; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes to the following Bills of the House: HB 170. By Representatives Lane of the 167th and Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, so as to change the amount of annual rental fees from fair market value to a fixed rate; to provide for annual fee adjustments; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 248. By Representatives Barnard of the 166th, Ehrhart of the 36th, Drenner of the 86th, Everson of the 106th, Reese of the 98th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. HB 315. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 30, 2009 2955 HB 495. By Representatives Lane of the 167th, Maxwell of the 17th and Weldon of the 3rd: A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relations between principal and agent, so as to update language regarding conservators and guardians; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate amendment to the following Bill of the House: HB 550. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes to the following Bills of the House: HB 123. By Representatives Ramsey of the 72nd, Bearden of the 68th, Williams of the 178th, Levitas of the 82nd, Peake of the 137th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 126. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to 2956 JOURNAL OF THE SENATE commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for automated transactions; to provide for transferable records; to provide for acceptance and distribution of electronic records by governmental agencies; to provide for exclusions; to provide for applicability; to provide for relief from the unauthorized use of electronic signatures; to amend Titles 14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 312. By Representatives Hill of the 21st, Mills of the 25th, Coan of the 101st, Greene of the 149th, Knight of the 126th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289; to provide for related matters; to provide for 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 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; 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 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st 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 MONDAY, MARCH 30, 2009 2957 computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; 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 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 441. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for frivolous or excessive sales and use tax refund claims; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Hill of the 32nd The Calendar was resumed. HB 115. By Representatives Jerguson of the 22nd, Ramsey of the 72nd, Williams of the 4th, Powell of the 29th, Maddox of the 127th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, so as to require the provision of certain identifying information to the commissioner to enable a determination to be made as to whether a person or a person's family holds more than two retail dealer licenses; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 115: 2958 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the regulation of alcoholic beverages; to change certain provisions of the "Georgia Alcoholic Beverage Code"; to change certain provisions relating to the maintenance of records of alcoholic beverages manufactured, purchased, or sold; to make certain time-of-sale provisions applicable to counties the same as to municipalities; to revise certain provisions relating to the issuance of licenses for manufacturing, distributing, and selling of alcoholic beverages and the conduct permitted by those holding such licenses; to authorize samplings for consumption by retail dealers and employees of retail dealers to be conducted by manufacturers and wholesalers of alcoholic beverages and specifically distilled spirits and consumed by retail dealers and retail dealers' employees under certain conditions; to change certain provisions relating to the filing of bonds with applications for renewal of licenses; to change certain provisions relating to tax payment and reporting by licensees; to provide a date by which taxes must be paid for distilled spirits sold by the package or disposed of by wholesale dealers; to declare certain distilled spirits to be contraband; to establish the method of measuring distances from existing retail package liquor stores that new retail package liquor stores are permitted to be located; to prohibit the issuance of state licenses to businesses to be located in certain areas; 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 revising subsection (a) of Code Section 3-3-6, relating to the maintenance of records by manufacturers, importers, or dealers, as follows: "(a) Each manufacturer, importer, wholesale dealer, retail dealer, and retail consumption dealer shall keep and preserve, as prescribed by the commissioner, records of all alcoholic beverages manufactured, purchased, or sold by him. The original records or a complete and legible photocopy or electronic image shall be kept on the licensed premises for a period of three years from the date of manufacture, purchase, or sale and shall at all times be open to available for inspection by the commissioner or any authorized agent or employee of the commissioner." SECTION 2. Said title is further amended in subsection (n) of Code Section 3-3-7, relating to authorization and regulation of sales on certain days, by designating the existing provisions of said subsection as paragraph (1) and adding a new paragraph to read as follows: "(2) The provisions of paragraph (1) of this subsection shall apply to counties the same as to municipalities." MONDAY, MARCH 30, 2009 2959 SECTION 3. Said title is further amended by revising Code Section 3-3-26, relating to allowing or permitting of breaking of packages or drinking of contents thereof on premises, as follows: "3-3-26. (a) No retail dealer shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or packages on the premises where sold. (b) This Code section shall not apply with respect to sales pursuant to a license for consumption on the premises. (c) Nothing in this Code section shall prohibit a representative or salesperson of a manufacturer or wholesaler from opening a container of alcoholic beverages on the premises of a retail dealer for the purposes of providing a sampling of such alcoholic beverage product to a retail dealer or retail dealer's employee or the drinking or consumption of an alcoholic beverage product by a retail dealer or retail dealer's employee when done so for the purpose of sampling such alcoholic beverage product, provided that such sampling of alcoholic beverage products shall be done in a retail dealer's office, storage room, or other area of the premises closed to the public and in the presence of the representative or salesperson of the manufacturer or wholesaler." SECTION 4. Said title is further amended by revising Code Section 3-4-20, relating to levy and amount of state occupational license tax, as follows: "3-4-20. (a) An annual occupational license tax is imposed upon each distiller, manufacturer, broker, importer, wholesaler, fruit grower, and retail dealer of distilled spirits in this state, as follows: (1) Upon each distiller and manufacturer . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000.00 (2) Upon each wholesale dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00 (3) Upon each importer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00 (4) Upon each fruit grower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (5) Upon each broker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (6) Upon each retail dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (b) The tax provided in this Code section shall be paid on each place of business operated. Such tax shall be paid to the commissioner when the licensee assumes control of the place of business and applies for any beverage alcohol license and annually thereafter as long as the business is operated." 2960 JOURNAL OF THE SENATE SECTION 5. Said title is further amended by revising Code Section 3-4-25, relating to authorization of the holder of a retail dealer's license to sell only unbroken packages and the prohibition of breaking of packages or drinking of the contents thereof on premises, as follows: "3-4-25. (a) A retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which package or packages shall contain not less than 50 milliliters each. (b) The license shall not permit the breaking of the package or packages on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold. (c) Nothing in this Code section shall prohibit a representative or salesperson of a manufacturer or wholesaler from opening a container of distilled spirits on the premises of a retail dealer for the purposes of providing a sampling of such distilled spirits to a retail dealer or retail dealer's employee or the drinking or consumption of distilled spirits by a retail dealer or retail dealer's employee when done so for the purpose of sampling such distilled spirits, provided that such sampling of distilled spirits shall be done in a retail dealer's office, storage room, or other area of the premises closed to the public and in the presence of the representative or salesperson of the manufacturer or wholesaler." SECTION 6. Said title is further amended by revising Code Section 3-4-49, relating to the adoption of rules and regulations and the determination of location of distilleries or businesses licensed by municipal or county governing authorities, as follows: "3-4-49. (a) A municipality or county may adopt all reasonable rules and regulations, consistent with this title, as may fall within the police powers of the municipality or county to regulate any business described in this chapter; provided, however, that, except as otherwise provided in this Code section. (b) on On and after July 1, 1997 through June 30, 2009, no municipality or county shall authorize the location of a new retail package liquor licensed place of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. The restriction provided for in this subsection shall not apply at any location for which a license has been issued prior to July 1, 1997, nor to the renewal of such license. Nor shall the restriction of this subsection apply to any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. (b)(c)(1) On and after July 1, 2009, no municipality or county shall authorize the location of a new retail package liquor licensed place of business or the relocation of MONDAY, MARCH 30, 2009 2961 an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail in this state as measured in a straight line, regardless of any structural impediments, using the portion of the building of the place of business to be licensed closest to any portion of the building of the retail package business currently licensed as the starting point and using the portion of the building of the retail package business currently licensed closest to any portion of the building of the place of business to be licensed as the ending point; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. (2) The restriction provided for in this subsection shall not apply at any location for which: (A) A license has been issued prior to July 1, 2009, nor to the renewal of such license; or (B) A new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. (3) If there is a body of water 50 acres or more in size located between the two retail businesses licensed to sell package liquor at retail in this state, then the 500 yard restriction provided for in paragraph (1) of this subsection shall be measured by the most direct route of travel on the ground. (d)(1) As used in this subsection, the term 'adjacent property' shall mean abutting property solely owned as of July 1, 2009, by the applicant for the license who is also the owner of the property on which the existing retail package business is currently located. (2) Subsection (c) of this Code section shall not apply to the relocation of an existing retail package liquor licensed place of business to adjacent property; provided that the relocated package liquor licensed place of business is within 500 yards of the existing retail package liquor licensed place of business as it exists on July 1, 2009, as measured in a straight line, regardless of any structural impediments, using the portion of the building of the relocated place of business to be licensed closest to any portion of the building of the retail package business currently licensed as the starting point and using the portion of the building of the retail package business currently licensed closest to any portion of the building of the relocated place of business as the ending point. (e) All municipal and county authorities issuing licenses shall within their respective jurisdictions have authority to determine the location of any distillery, wholesale business, or retail business licensed by them, not inconsistent with this title. (f) No state license shall be issued pursuant to this title to any retail package liquor place of business whose location would violate this Code section." SECTION 7. Said title is further amended by revising Code Section 3-4-61, relating to tax payment and reporting, as follows: "3-4-61. 2962 JOURNAL OF THE SENATE (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be paid by the licensed wholesale dealer in distilled spirits. (b) The taxes shall be paid on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of within the particular municipality or county by the wholesale dealer. (c)(b) Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month, by size and type of container, the exact quantities of distilled spirits sold during the month within the state. The licensee shall file the report with the commissioner. (d)(c) The wholesaler shall remit to the commissioner the tax imposed by the state on the tenth fifteenth day of the month following the calendar month in which the sales were made alcoholic beverages were disposed of or sold." (e) In order to phase in the reporting system of excise tax payment for distilled spirits and alcohol: (1) The commissioner shall direct that no later than January 31, 1993, all persons who made excise tax payments in respect of distilled spirits and alcohol sales in the State of Georgia during the calendar year 1992 shall make a one-time deposit equal to the amount of 25 percent of said tax payments. This one-time advance shall be repaid in full by the state in equal semiannual installments over the period of 24 months following August 1, 1993; except that, in the event wholesalers made payments as provided for in this paragraph, the commissioner shall repay such wholesalers in the form of semiannual credits against future tax liability; (2) On February 1, 1993, or as soon thereafter as practicable, the commissioner shall direct that an inventory be taken of stamped merchandise and tax stamps held by manufacturers, shippers, and wholesalers. The commissioner shall issue refunds to all manufacturers and shippers for the value of tax stamps in their possession on February 1, 1993, to be paid in 12 equal installments beginning on August 1, 1993. The commissioner shall issue tax credits to wholesalers for stamps in inventory on February 1, 1993, which shall be applied as credits against the wholesalers future tax liability for the 12 month period beginning with the report due on August 10, 1993; (3) Nothing in this subsection shall be construed to impose an additional excise tax on distilled spirits and alcohol held in inventory by wholesalers and retailers above the excise tax paid prior to February 1, 1993; and (4) The commissioner shall adopt rules and regulations for the implementation of a reporting method of paying distilled spirits and alcohol excise taxes as well as the elimination of the use of any type of distilled spirits and alcohol stamp. The commissioner shall have full authority to allow credits or make refunds as provided for in this subsection. (d) The commissioner shall adopt rules and regulations for the implementation of a reporting method of paying distilled spirits and alcohol excise taxes." SECTION 8. Said title is further amended by revising Code Section 3-4-80, relating to the levy of tax MONDAY, MARCH 30, 2009 2963 on the sale of distilled spirits by the package and the imposition of tax by both county and municipality, by adding a new subsection to read as follows: "(d) The taxes shall be paid on or before the tenth day of the month following the calendar month in which the alcoholic beverages are sold or disposed of within the particular municipality or county by the wholesale dealer." SECTION 9. Said title is further amended by revising Code Section 3-4-111, relating to the sale by wholesalers to licensees and the purchase by licensees from wholesalers, to read as follows: "3-4-111. (a) Those persons who are duly licensed as wholesalers of distilled spirits under this title may sell distilled spirits at wholesale prices to any person or persons licensed as provided in this article. Persons licensed under this article may purchase distilled spirits from a licensed wholesaler at wholesale prices. (b) Any distilled spirits possessed, sold, or offered for sale by a retail dealer or retail consumption dealer which were purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter is declared to be contraband and shall be seized and disposed of by the commissioner in the manner so provided in this title." SECTION 10. Said title is further amended by revising Code Section 3-4-111.1, relating to occupational license tax upon retail consumption dealers and the bond required of applicants for a retail consumption dealer's license, as follows: "3-4-111.1. (a) An annual occupational license tax in the amount of $100.00 is imposed upon each retail consumption dealer in this state. (b) Every applicant for a retail consumption dealers license shall file with the commissioner, along with each application, a bond conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise by reason of or incident to the operation of the business for which licensure is sought and conditioned in order to pay all penalties which may be imposed upon the applicant for failure to comply with the laws, rules, and regulations pertaining to distilled spirits. Surety for the bond shall be a surety company licensed to do business in this state and the bond shall be in such form as may be required by the commissioner. Such bond shall be in the amount of $2,500.00. (b) The tax provided in this Code section shall be paid on each place of business operated. Such tax shall be paid to the commissioner when the licensee assumes control of the place of business and applies for any beverage alcohol license and annually thereafter as long as the business is operated." SECTION 11. Said title is further amended by revising Code Section 3-5-20, relating to levy and 2964 JOURNAL OF THE SENATE amount of state occupational license tax upon malt beverage brewer, manufacturer, broker, importer, wholesaler, and retail dealers, as follows: "3-5-20. (a) An annual occupational license tax is imposed upon each brewer, manufacturer, broker, importer, wholesaler, and retail dealer of beer in this state, as follows: (1) Upon each brewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000.00 (2) Upon each wholesale dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (3) Upon each importer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (4) Upon each broker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 (5) Upon each retail dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 (6) Upon each brewpub operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00 (b) The tax provided in this Code section shall be paid on each place of business operated and shall be paid to the commissioner when the licensee enters business and annually thereafter so long as the business is operated and conducted. (b) The tax provided in this Code section shall be paid on each place of business operated. Such tax shall be paid to the commissioner when the licensee assumes control of the place of business and applies for any beverage alcohol license and annually thereafter as long as the business is operated." SECTION 12. Said title is further amended by revising Code Section 3-6-20, relating to levy and amount of tax, as follows: "3-6-20. An annual occupational license tax is imposed upon each winery, manufacturer, broker, importer, wholesaler, and retail dealer of wine in this state, as follows: (1) Upon each winery and manufacturer . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000.00 (2) Upon each wholesale dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (3) Upon each importer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (4) Upon each broker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 (5) Upon each retail dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 (b) The tax provided in this Code section shall be paid on each place of business operated. Such tax shall be paid to the commissioner when the licensee assumes control of the place of business and applies for any beverage alcohol license and annually thereafter as long as the business is operated." SECTION 13. All laws and parts of laws in conflict with this Act are repealed. MONDAY, MARCH 30, 2009 2965 Senators Harp of the 29th, Stoner of the 6th and Orrock of the 36th offered the following amendment #1 to the committee substitute: Amend the Senate Regulated Industries and Utilities Committee substitute to HB 115 (LC 36 1438S) by inserting after "municipalities;" on line 5 the following: to authorize and provide procedures for certain local governing authorities to permit certain package sales of alcoholic beverages for a period of time on Sundays, if approved by referendum; By inserting between lines 36 and 37 the following: SECTION 2A. Said title is further amended by adding a new subsection to Code Section 3-3-7, relating to the local authorization and regulation of sales of alcoholic beverages on Sunday, to read as follows: "(p)(1)(A) As used in this subsection, the term 'Sunday sales' means package sales by: (i) Retailers of malt beverages and wine for any period of time on Sundays from 12:00 Noon until 12:00 Midnight; or (ii) Retailers of malt beverages, wine, and distilled spirits for any period of time on Sundays from 12:00 Noon until 12:00 Midnight. (2)(A)(i) In each county or municipality in which package sales of malt beverages and wine by retailers are lawful, but package sales of distilled spirits by retailers are not lawful, the governing authority of the county or municipality, as appropriate, may be authorized to permit Sunday sales as defined in division (1)(A)(i) of this subsection if such Sunday sales of malt beverages and wine are approved by referendum as provided in division (ii) of this subparagraph. (ii) Any governing authority desiring to permit and regulate Sunday sales pursuant to division (i) of this subparagraph shall by proper resolution or ordinance call for a referendum election. Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of Sunday sales pursuant to this subsection to the electors of that county or municipality for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the words: '( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by retailers of malt ( ) NO beverages and wine for any period of time on Sundays from 12:00 Noon until 12:00 Midnight?' All persons desiring to vote for approval of such Sunday sales shall vote 'Yes,' and all persons desiring to vote for rejection of such Sunday sales shall vote 'No.' If more 2966 JOURNAL OF THE SENATE than one-half of the votes cast on the question are for approval of such Sunday sales, then the governing authority shall be authorized to permit and regulate such Sunday sales through the issuance of licenses and the passage of resolutions or ordinances. The expense of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State. (B)(i) In each county or municipality in which package sales of malt beverages, wine, and distilled spirits by retailers are all lawful, the governing authority of the county or municipality, as appropriate, may be authorized to permit Sunday sales as defined in division (1)(A)(ii) of this subsection if such Sunday sales are approved by referendum as provided in division (ii) of this subparagraph. Pursuant to this subsection, the governing authority in each county or municipality in which package sales of malt beverages, wine, and distilled spirits are all lawful may not seek authorization to permit and regulate package sales on Sundays of only one type of these alcoholic beverages; instead, the governing authority may only seek authorization of package sales by retailers of all three types of these alcoholic beverages. (ii) Any governing authority desiring to permit and regulate Sunday sales, pursuant to division (i) of this subparagraph, shall by proper resolution or ordinance call for a referendum election. Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of that county or municipality for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the words: '( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by retailers of malt ( ) NO beverages, wine, and distilled spirits for any period of time on Sundays from 12:00 Noon until 12:00 Midnight?' All persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and all persons desiring to vote for rejection of Sunday sales shall vote 'No.' If more than one-half of the votes cast on the question are for approval of such Sunday sales, then the governing authority shall be authorized to permit and regulate such Sunday sales through the issuance of licenses and the passage of resolutions or ordinances. The expense of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State. (3) If an election held pursuant to paragraph (2) of this subsection results in the approval of Sunday sales under this subsection, the governing authority of the county MONDAY, MARCH 30, 2009 2967 or municipality shall be authorized to provide by the issuance of licenses and the passage of resolutions or ordinances all provisions concerning Sunday sales under this subsection, except where otherwise provided by state law. The governing authority shall at any time be authorized to adjust the period between 12:00 Noon and 12:00 Midnight during which such sales on Sundays may be permitted within its jurisdiction by the adoption of an appropriate resolution or ordinance. (4) Following the expiration of one year after any election is held which results in the disapproval of Sunday sales, another election on this question shall be held if the governing authority, as provided in paragraph (2) of this subsection, forwards a proper resolution or ordinance to the election superintendent calling for such a referendum. (5) In any county or municipality which has at any time held an election in accordance with paragraph (2) of this subsection resulting in the majority of the votes being cast in favor of Sunday sales under this subsection, the election superintendent of the county or municipality, upon receipt of a proper resolution or ordinance of the governing authority or upon receipt of a written petition signed by at least 35 percent of the registered qualified voters or the county or municipality, shall proceed to call another election for the purpose of nullifying the previous election in the same manner as prescribed in paragraph (2) of this subsection. (6) Whenever Sunday sales are permitted by a county or municipality pursuant to this subsection, such sales shall be made only by licensed retailers licensed to sell by the package. The provisions of this subsection are in addition to and not in lieu of any other provisions of this title relative to the sale of malt beverages, wine, and distilled spirits by retailers." Senator Moody of the 56th offered the following amendment #1a to amendment #1 to the committee substitute: Amend amendment # 1 to HB 115 AM 36 0159 by striking lines 6 through 102 and inserting in its place the following: SECTION 2A. Code Section 3-3-23.1, relating to procedures and penalties upon certain violations, is amended by adding a new subsection as follows: "(g) When a licensee under this title or a person who is in the employ of a licensee under this title is convicted of providing any alcoholic beverage to a person under 21 years of age in violation of paragraph (1) of subsection (a) of Code Section 3-3-23, then such licensees license or licenses under this title and the license or licenses issued for the premises where such violation occurred shall be canceled. Before the cancellation of any license pursuant to this subsection, the licensee or the holder of the license for the licensed premises shall be afforded a hearing with an opportunity to present evidence and cross-examine opposing witnesses. No license to sell alcoholic beverages shall be issued to the licensee or for the licensed premises for a period of two years from the date of the cancellation. For purposes of this subsection, 'licensed 2968 JOURNAL OF THE SENATE premises' means any premises in which alcoholic beverages are sold or dispensed and shall include any premises which are required by law to be licensed to sell or dispense alcoholic beverages." 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: N Adelman N Balfour Y Brown Y Buckner N Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden N Grant E Hamrick N Harbison N Harp Y Hawkins Y Heath N Henson N Hill,Jack E Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer N Sims N Smith N Staton N Stoner Y Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the amendment, the yeas were 33, nays 20, and the Moody amendment #1a to amendment #1 to the committee substitute was adopted. Senator Harp of the 29th moved that the Senate reconsider its action in adopting the Moody amendment #1a. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Buckner Y Bulloch Butler N Butterworth N Chance N Hawkins N Heath N Henson Y Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson,L N Rogers N Seabaugh Y Seay N Shafer Y Sims Y Smith Y Staton Y Stoner MONDAY, MARCH 30, 2009 2969 N Chapman N Cowsert Y Crosby N Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp N Jackson,W N Johnson Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson N Powell N Ramsey Y Reed N Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson N Unterman N Weber N Wiles N Williams On the motion, the yeas were 25, nays 29, the motion lost, and the Moody amendment #1a to amendment #1 to the committee substitute was not reconsidered. Senator Jones of the 10th offered the following amendment #2 to the committee substitute: Amend HB 115 (36 1438S) by inserting after "areas;" on line 17 the following: to provide that wine or malt beverages shall not be sold within a certain distance of a church By inserting between lines 268 and 269 the following: Said title is further amended in Code Section 3-3-21, relating to the sales of alcoholic beverages near churches, school buildings, or other sites, by revising subparagraph (a)(1)(B) as follows: "(B) Any wine or malt beverages within 100 yards of any school building, school grounds, church, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of wine and beer was lawful at such location at any time during the 12 months immediately preceding such application;" SECTION 14. Senator Seabaugh of the 28th offered the following amendment #2a to amendment #2 to the committee substitute: Amend amendment # 2 AM 38 0088 to HB 115 by striking on line 9 the date July 1, 1981 and inserting thereof the date July 1, 2009 Senator Thompson of the 33rd moved that HB 115 be placed on the Table. 2970 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown N Buckner Y Bulloch Y Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson N Hill,Jack Y Hill,Judson Y Hooks N Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones N Moody Mullis N Murphy Y Orrock Y Pearson N Powell N Ramsey Y Reed N Rogers N Seabaugh Y Seay N Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman N Weber N Wiles N Williams On the motion, the yeas were 37, nays 18; the motion prevailed, and HB 115 and its amendments were placed on the Table. Senator Tommie Williams, President Pro Tempore, assumed the Chair. HB 121. By Representatives Cole of the 125th, O`Neal of the 146th, Roberts of the 154th, Pruett of the 144th, McCall of the 30th and others: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an exemption for a limited time with respect to the collection of any rate of prepaid state taxes as defined in paragraph (5.1) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 489-14 as it applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2; to provide for legislative findings; to provide an effective date; 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: MONDAY, MARCH 30, 2009 2971 Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 22, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 121 (LC 18 7781-EC) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This legislation would ratify the Executive Order which suspended the increase in motor fuel prepaid tax rates that were scheduled to take effect on July 1, 2008. The suspension expired on December 31, 2008. To determine the revenue decrease due to the suspension, the Department of Revenue compiled data on gallons sold by distributors by month for July through December 2008. It then computed the revenue decrease due to the lower prepaid rates for each motor fuel type by month. Based on this calculation, the revenue decrease for the duration of the Executive Order was $71.5 million. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget 2972 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 N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 3. HB 121, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Gloria Butler District 55 420-C State Capitol Atlanta, GA 30334 Committees: Ethics Health and Human Services Public Safety Regulated Industries and Utilities Rules Urban Affairs The State Senate Atlanta, Georgia 30334 March 30, 2009 MONDAY, MARCH 30, 2009 2973 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Mr. Ewing, It has come to my attention that I erroneously voted "yes" on House Bill 121. Please let the records reflect that I voted "no" for House Bill 121. Thank you in advance for your assistance. Sincerely, /s/ Gloria Butler District 55 HB 127. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the federal Electronic Signatures in Global and National Commerce Act; 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 Senate Judiciary Committee offered the following substitute to HB 127: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the 2974 JOURNAL OF THE SENATE federal Electronic Signatures in Global and National Commerce Act; 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 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, is amended in Article 1, relating to recording, by designating the existing matter as Part 1 and adding a new part to read as follows: "Part 2 44-2-35. This part shall be known and may be cited as the 'Uniform Real Property Electronic Recording Act.' 44-2-36. As used in this part, the term: (1) 'Authority' means the Georgia Superior Court Clerks' Cooperative Authority established pursuant to Code Section 15-6-94. (2) 'Document' means information that is: (A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (B) Eligible to be recorded in the land records maintained by the clerk of superior court. (3) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (4) 'Electronic document' means a document that is received by the clerk of superior court in an electronic form. (5) 'Electronic signature' means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. (6) 'Paper document' means a document that is received by the clerk of superior court that is not electronic. (7) '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. (8) '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. MONDAY, MARCH 30, 2009 2975 44-2-37. (a) An electronic document prepared and filed in compliance with this part shall satisfy any requirement as a condition for recording that a document be an original, on paper or another tangible medium, or in writing. (b) An electronic signature shall satisfy any requirement as a condition for recording that a document be signed. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included by other applicable law, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. 44-2-38. A clerk of superior court: (1) Who implements any of the functions listed in this Code section shall do so in compliance with standards established by the authority; (2) May receive, index, store, archive, and transmit electronic documents; (3) May provide for access to, and search and retrieval of, documents and information by electronic means; (4) Who accepts electronic documents for recording shall continue to accept for filing paper documents as authorized by state law and shall record both electronic documents and paper documents in the same manner as provided for by law; (5) For archival purposes, may convert into electronic form paper documents accepted for recording; (6) May convert into electronic form historical documents recorded on paper; (7) May accept electronically any fee or other moneys that the clerk of superior court is authorized to collect; and (8) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to electronically facilitate satisfaction of prior approvals and conditions precedent to recording and on the electronic payment of statutorily required fees and other moneys. 44-2-39. (a) The authority shall adopt rules and regulations and any standardized forms necessary to implement this part. (b) To promote uniform standards and practices and compatibility of technology used within offices of clerks of superior court in this state and recording offices in other states that have enacted or may enact provisions substantially similar to those contained within this part, the authority shall consider when adopting, amending, and repealing its rules and regulations and any standardized forms: (1) Standards and practices of other jurisdictions; (2) The most recent standards promulgated by national standard-setting bodies, such 2976 JOURNAL OF THE SENATE as the Property Records Industry Association; (3) The views of interested persons and governmental officials and entities; (4) The needs of counties of varying size, population, and resources; and (5) Standards that ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. 44-2-39.1. In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact substantially similar provisions. 44-2-39.2. The provisions of this part modify, limit, and supersede 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(c) of that federal act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that federal act, 15 U.S.C. Section 7003(b)." 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 Buckner Y Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate MONDAY, MARCH 30, 2009 2977 Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thomas 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 53, nays 0. HB 127, having received the requisite constitutional majority, was passed by substitute. Senator Johnson of the 1st was excused for business outside the Senate Chamber. HB 129. By Representatives Lindsey of the 54th, Kaiser of the 59th, Ashe of the 56th and Rynders of the 152nd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in the renovation or expansion of, a zoological institution; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 16, 2009 2978 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 129 Substitute (LC 18 8044S) Dear Chairman O'Neal: This bill would provide for an exemption from sales and use taxes for sales of tangible personal property to, or used in the renovation or expansion of, a nonprofit zoological institution that exhibits and cares for animals rather than fish and is accredited by the Association of Zoos and Aquariums. This exemption would apply to sales from July 1, 2009, through July 30, 2015. The Georgia State University Fiscal Research Center (FRC) provided the following narrative on the revenue impact of this bill: In August 2008, Zoo Atlanta announced an expansion project with an estimated cost between $100 and $200 million to be completed in 10 to 15 years. Data from Zoo Atlanta was received outlining all of the projects that will qualify for the tax exemption between July 2009 and July 2015. The total cost of each project along with the total sales tax exemption cost to Georgia is included in this data; however, the estimates do not include tax revenue loss from the municipal option sales tax and the local revenue loss for Fulton County. Using the state tax revenue loss estimates provided by Zoo Atlanta and Georgia's sales and use tax rate of 4 percent, FRC is able to back out the total materials cost that qualifies for the tax exemption. Based on this calculation, FRC is able to estimate the total tax revenue loss for Fulton County and the City of Atlanta due to the municipal option sales tax. Zoo Atlanta reports that the total tax revenue loss to Georgia between July 2009 and July 2015 is $881,000. Assuming that this is only the revenue loss at the state level, FRC backs out the total cost of materials to estimate the local and municipal tax revenue loss. Fulton County's estimated total tax revenue loss is $660,750 and the total estimated municipal option sales tax revenue loss is $220,250. The exemption provided for in this bill will last approximately 73 months from July 1, 2009 through July 30, 2015. Assuming that Zoo Atlanta material purchases will be equally distributed over the 73 months, FRC calculates Georgia's tax revenue loss by fiscal year. Georgia's total tax revenue loss in each fiscal year is $289,644 from FY 2010 through FY 2015. The tax exemption will expire on July 30, 2015, and, as such, one month of revenue loss, $24,137, will fall into FY 2016. MONDAY, MARCH 30, 2009 2979 FY State Fulton County Atlanta MOST Total 2010 $144,822 $108,616 Georgia Tax Revenue Loss 2011 2012 2013 2014 $144,822 $144,822 $144,822 $144,822 $108,616 $108,616 $108,616 $108,616 2015 $144,822 $108,616 2016 $12,068 $9,051 $36,205 $36,205 $36,205 $36,205 $36,205 $36,205 $3,017 $289,643 $289,643 $289,643 $289,643 $289,643 $289,643 $24,136 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 N Brown Y Buckner N Bulloch Y Butler Y Butterworth Y Chance Y Chapman N Cowsert Crosby Y Douglas Y Fort N 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,L Jackson,W E Johnson Y Jones N Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate N Thomas 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 45, nays 7. 2980 JOURNAL OF THE SENATE HB 129, having received the requisite constitutional majority, was passed. Senator Douglas of the 17th was excused for business outside the Senate Chamber. HB 145. By Representative Lindsey of the 54th: 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 a definition; to correct cross-references and clarify certain provisions of the Code section; to revise and clarify provisions relating to the low income deviation; 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 50, nays 1. MONDAY, MARCH 30, 2009 2981 HB 145, 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 agreed to the Senate substitutes to the following Bills of the House: HB 308. By Representatives Ralston of the 7th, Willard of the 49th, Oliver of the 83rd and Dobbs of the 53rd: A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 553. By Representatives Lunsford of the 110th, Butler of the 18th, Stephens of the 164th, Millar of the 79th, Harbin of the 118th 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 comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of the authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitutes to the following Bills of the House: 2982 JOURNAL OF THE SENATE HB 68. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 156. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jackson of the 24th. MONDAY, MARCH 30, 2009 2983 The Senate Ethics Committee offered the following substitute to HB 156: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that elected public officials 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, is amended by adding a new Code section as follows: "15-10-20.1. (a) Any elected chief magistrate or elected magistrate who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall not create a vacancy in such office during the term for which such judge was elected. (b) Where the giving of written notice of candidacy is required, any elected chief magistrate or elected magistrate who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law of a candidate for the office of chief magistrate or magistrate judge may, during the time such official is on ordered military duty, be performed by an agent designated in writing by the absent chief magistrate or magistrate judge." SECTION 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, by adding a new subsection to read as follows: "(j)(1) Notwithstanding any provision of law to the contrary, any elected public officer who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any primary or general election which may be held 2984 JOURNAL OF THE SENATE to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall not create a vacancy in such office during the term for which such public officer was elected. (2) Where the giving of written notice of candidacy is required, any elected public officer who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law of a candidate may, during the time such officer is on ordered military duty, be performed by an agent designated in writing by the absent public officer." SECTION 3. Said chapter is further amended by revising Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, by adding a new subsection to read as follows: "(g)(1) Notwithstanding any provision of law to the contrary, any elected public officer who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall not create a vacancy in such office during the term for which such public officer was elected. (2) Where the giving of written notice of candidacy is required, any elected public officer who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law of a candidate may, during the time such officer is on ordered military duty, be performed by an agent designated in writing by the absent public officer." 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 Cowsert of the 46th offered the following amendment #1 to the committee substitute: Amend the Senate Ethics Committee substitute to HB 156 (LC 28 4764S) by inserting "of more than 21 days in length" after "38-2-279," on lines 17, 34, and 49. On the adoption of the amendment, there were no objections, and the Cowsert amendment #1 to the committee substitute was adopted. MONDAY, MARCH 30, 2009 2985 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 54, nays 0. HB 156, having received the requisite constitutional majority, was passed by substitute. HB 167. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd: A BILL to be entitled an Act to amend an Act to create the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to provide an additional judge for such court; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2986 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 53, nays 0. HB 167, having received the requisite constitutional majority, was passed. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. HB 193. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Butterworth of the 50th. MONDAY, MARCH 30, 2009 2987 The Senate Education and Youth Committee offered the following substitute to HB 193: 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 a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; 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 in Code Section 20-2-151, relating to general and career education programs, by revising subparagraph (b)(1)(A) as follows: "(1)(A) All local school systems shall offer a full-day kindergarten program. For purposes of this subsection, the term 'full-day basis kindergarten program' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year, or the equivalent thereof as determined in accordance with State Board of Education guidelines." SECTION 2. Said chapter is further amended in Code Section 20-2-168, relating to distribution of federal funds, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, by revising paragraph (1) of subsection (c) as follows: "(c)(1) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year, or the equivalent thereof as determined in accordance with State Board of Education guidelines. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, or the equivalent thereof; shall define the length of the school day, based on a 180 day school year, and equivalent lengths; and shall provide that all public elementary and secondary schools may be closed for instruction on November 11 of each year as determined by each local board of education to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces." 2988 JOURNAL OF THE SENATE SECTION 3. Said chapter is further amended in Code Section 20-2-187, relating to state-wide school lunch program, instruction in nutrition, hygiene, etiquette, and social graces, and school food and nutrition, by amending paragraph (2) of subsection (c) as follows: "(2) The base payment shall be calculated on the basis of an annual number of hours (190 days multiplied by eight hours) 1,520 hours in an annual school year for a fulltime equivalent school lunch position, multiplied by an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The state board shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year." SECTION 4. Said chapter is further amended in Code Section 20-2-306, relating to honors program and residential high school program, by revising subsection (b) as follows: "(b) The State Board of Education is authorized to inaugurate and operate a residential high school program for highly gifted and talented youth of this state. This residential high school program shall consist only of students in the eleventh and twelfth grades. Enrollment shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of each student must have signed an agreement authorizing enrollment in this program. This program shall be operated during the normal school year for a minimum of 180 days, or the equivalent thereof as determined in accordance with State Board of Education guidelines, in cooperation with one or more of the state universities or colleges from funds provided by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia concerning the operation and sharing of costs of this program. The state board shall prescribe policy, regulations, standards, and criteria as needed for the effective operation of this program." SECTION 5. Said chapter is further amended in Code Section 20-2-942, relating to procedure for nonrenewal after acceptance by teacher of school year contract for fourth consecutive school year, procedure for nonrenewal by another local board of education, professional certificated personnel, rights of school administrators, and tenure, by revising paragraph (2) of subsection (a) as follows: "(2) 'School year' means a period of at least 180 school days, or the equivalent thereof as determined in accordance with State Board of Education guidelines, beginning in or about September and ending in or about June." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. MONDAY, MARCH 30, 2009 2989 Senator Hamrick of the 30th offered the following amendment #1 to the committee substitute: Amend the Senate Education and Youth Committee substitute to HB 193 (LC 33 3228S) by inserting after "contracts;" on line 6 the following: to revise provisions relating to unlawful disruption of or interference with the operation of public schools or public school buses; to provide that a mental state of knowledge and intention or recklessness shall be an element of such offense; to provide for an effective date and for applicability; By inserting between lines 71 and 72 the following: SECTION 5A. Said chapter is further amended by revising Code Section 20-2-1181, relating to unlawful disruption of or interference with the operation of public schools or public school buses, as follows: "20-2-1181. It shall be unlawful for any person to knowingly and intentionally or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local school boards of education. Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature." SECTION 5B. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5A of this Act shall apply with respect to conduct on or after that date, and conduct prior to that date shall continue to be governed by prior law. On the adoption of the amendment, there were no objections, and the Hamrick amendment #1 to the committee substitute was adopted. Senator Hill of the 32nd offered the following amendment #2 to the committee substitute: Amend the committee substitute to HB 193 by striking the period on page 2 line 33 and inserting"; and shall provide that commencing school calendar year 2010 all public elementary and secondary schools of this state shall commence their school year no earlier than the third Monday of August each calendar year." On the adoption of the amendment, 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: 2990 JOURNAL OF THE SENATE N Adelman N Balfour N Brown N Buckner N Bulloch N Butler N Butterworth N Chance Y Chapman N Cowsert N Crosby N Douglas N Fort N Goggans N Golden N Grant N Hamrick N Harbison N Harp Y Hawkins N Heath N Henson N Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L N Jackson,W N Johnson N Jones N Moody N Mullis N Murphy Y Orrock Y Pearson N Powell N Ramsey N Reed N Rogers N Seabaugh N Seay Y Shafer N Sims N Smith N Staton N Stoner N Tarver N Tate N Thomas N Thompson,C Y Thompson,S E Tolleson N Unterman N Weber Y Wiles Williams (PRS) On the adoption of the amendment, the yeas were 9, nays 45, and the Hill of the 32nd amendment #2 to the committee substitute was lost. Senators Chapman of the 3rd, Rogers of the 21st, Brown of the 26th, Butterworth of the 50th, Williams of the 19th and others offered the following amendment #3 to the committee substitute: Amend the Senate Education and Youth Committee substitute to HB 193 (LC 33 3228S) by inserting after "contracts;" on line 6 the following: 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; By striking lines 30-33 and inserting in lieu thereof the following: secondary schools, may beginning in the 2010-2011 school year, may be closed for instruction on November 11 of each year as determined by each local board of education to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces." By inserting between lines 71 and 72 the following: SECTION 5A. Said chapter is further amended by revising Code Section 20-2-147, relating to instructional activity concerning Veterans Day, as follows: MONDAY, MARCH 30, 2009 2991 "20-2-147. On a school day on or immediately preceding or as close to the annual observance of Veterans Day as practicable as determined by a school's scheduled curriculum, each elementary and secondary school may provide for instructional activity focusing on the contributions of veterans and the importance of the armed forces of the United States. Beginning in the 2010-2011 school year, public elementary and secondary schools shall be closed on Veterans Day as provided in paragraph (1) of subsection (c) of Code Section 20-2-168." Senator Moody of the 56th offered the following amendment #3a to #3 to the committee substitute: Amend amendment # 3 AM 33 0816 to HB 193 by changing "shall" on lines 7 and 20 to "may". 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 18, nays 17, and the Moody amendment #3a to amendment #3 to the committee substitute was adopted. On the adoption of the amendment, the yeas were 27, nays 7, and the Chapman et al. amendment #3 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: Adelman Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate 2992 JOURNAL OF THE SENATE Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Thomas Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 4. HB 193, having received the requisite constitutional majority, was passed by substitute. HB 216. By Representatives Harden of the 147th, Roberts of the 154th, Pruett of the 144th and James of the 135th: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change certain terms of court in the Cordele Judicial Circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Crosby of the 13th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Douglas Y Fort Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S MONDAY, MARCH 30, 2009 2993 Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 53, nays 0. HB 216, having received the requisite constitutional majority, was passed. The President resumed the Chair. The following Senators were excused for business outside the Senate Chamber: Goggans of the 7th Murphy of the 27th Pearson of the 51st HB 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; 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 243: A BILL TO BE ENTITLED AN ACT To amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to provide that only teachers currently receiving salary increases for National Board for Professional Teaching Standards certification shall be eligible for continuing increases; to provide for an exception for teachers enrolled in the process as of March 1, 2009; to provide that if an individual leaves a teaching position, he or she is no longer eligible for the salary increase; to provide that such increases are subject to appropriations by the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes. 2994 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, is amended by revising Code Section 20-2-212.2, relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards, as follows: "20-2-212.2. (a) As used in this Code section, the term: (1) 'High-needs school' means a Georgia public school that has received an unacceptable rating for a period of two or more consecutive years; and (2) 'National certification' means certification obtained from the National Board for Professional Teaching Standards. (b) For initial national certification prior to July 1, 2006, and subsequent renewals anytime thereafter, (1) Any person who: (A) Is currently teaching full time in a Georgia public school and holds a valid Georgia teaching certificate; and (B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received and recomputed each subsequent year based on the individual's state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly. (2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (3) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who: (A) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (B) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (C) Has successfully completed a screening process developed by the Professional MONDAY, MARCH 30, 2009 2995 Standards Commission. (4)(2) A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the state's portion of the participation fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher, and repayment is not required if the teacher fails to receive national board certification. (5)(3) The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to paragraph (1) of this subsection. This paragraph shall be subject to appropriations by the General Assembly. (6)(4) A teacher for whom the State of Georgia reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the reimbursement payment to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher. (b.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2005, and who obtains initial certification and subsequent renewals after July 1, 2006, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (b) of this Code section if such person otherwise meets the requirements of subsection (b) of this Code section. (c) Except as provided for in subsection subsections (b.1) and (c.1) of this Code section, for initial national certification on and after between July 1, 2006, and March 1, 2009, and subsequent renewals anytime thereafter, (1) Any person who: (A) Is currently teaching full time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission; and (B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received. A teacher who transfers to a high-needs school after such individual receives national certification shall receive such increase beginning on the effective date of transfer if the teacher meets the requirements of this subsection, and such increase shall be computed based on the state salary for such individual on the effective date of the transfer. Provided such individual remains employed in a high-needs school or in a school that was designated as a high-needs school at the time the individual received national certification or transferred to such school and otherwise continues to meet the requirements of this subsection, the 10 percent increase shall be recomputed each 2996 JOURNAL OF THE SENATE subsequent year based on such individual's state salary for that school year. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly. (2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (3)(2) The Professional Standards Commission shall provide annually to the Department of Education a roster of teachers who have attained and retained national certification and are eligible for the annual increase. (4) The Professional Standards Commission shall be authorized to accept, receive, distribute, and administer funds to be used for national certification program participation fees. (c.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2009, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (c) of this Code section if such person otherwise meets the requirements of subsection (c) of this Code section. (d) Except as provided in subsection (c.1) of this Code section, on and after July 1, 2009, only teachers receiving a salary increase pursuant to this Code section as of March 1, 2009, shall be eligible to continue receiving such salary increases, subject to appropriations by the General Assembly, but only if such teachers otherwise meet all applicable requirements. (e) On and after July 1, 2009, subject to appropriations by the General Assembly, any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification and is currently teaching full-time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Weber of the 40th offered the following amendment #1 to the committee substitute: Amend the committee substitute LC 33 3205S to HB 243 by on line 32, add the word "starting" before the word "state"; on line 33, delete "for such individual" on line 34, replace the word "individual's" with the word "starting"; on line 84, add the word "starting" before the word"state"; on line 85, delete "for such individual"; on line 88, add the word "starting" before the word "state"; MONDAY, MARCH 30, 2009 2997 on line 89, delete "for such individual"; on line 93, replace "such individual's" with "the starting"; 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: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas N Fort C 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 N Jackson,L N Jackson,W N Johnson Jones Y Moody Y Mullis E Murphy N Orrock E Pearson Y Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer Sims N Smith Y Staton N Stoner N Tarver N Tate Y Thomas 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 28, nays 23. HB 243, 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 Senate reconsider its action on HB 243. The President entertained the motion for reconsideration immediately. 2998 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W N Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 32, nays 22, the motion prevailed, and HB 243 was placed on the General Calendar. The following Senators were excused for business outside the Senate Chamber: Chapman of the 3rd Pearson of the 51st The following Senators were excused as conferees: Goggans of the 7th Grant of the 25th Unterman of the 45th HB 245. By Representatives Willard of the 49th and Oliver of the 83rd: A BILL to be entitled an Act to amend Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to delinquent and unruly children, so as to change provisions relating to disposition of delinquent children; 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. MONDAY, MARCH 30, 2009 2999 The report of the committee, which was favorable to the 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler N Butterworth N Chance E Chapman Y Cowsert Y Crosby Y Douglas Y Fort C Goggans N Golden C Grant Hamrick N Harbison Y Harp N Hawkins Y Heath Y Henson Y Hill,Jack N Hill,Judson Y Hooks N Hudgens N Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed N Rogers N Seabaugh Y Seay N Shafer N Sims N Smith Y Staton N Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 33, nays 16. HB 245, having received the requisite constitutional majority, was passed. HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th, Reece of the 11th and Dawkins-Haigler of the 93rd: A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; 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 251: 3000 JOURNAL OF THE SENATE 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 the option for parents to enroll their child in another school within the local school system or in a school in another local school system; to provide for definitions; to provide for statutory construction; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new article to read as follows: "ARTICLE 34 20-2-2130. As used in this article, the term: (1) 'Department' means the Department of Education. (2) 'Parent' means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child. (3) 'Resident school system' means the public school system in which the student would be enrolled based on his or her residence. 20-2-2131. (a) The parent of a student enrolled in a public elementary or secondary school in this state may: (1)(A) Beginning in school year 2009-2010, elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. (B) No later than July 1, 2009, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of subparagraph (A) of this paragraph. (C) A student who transfers to another school pursuant to this paragraph may, at his or her election, continue to attend such school until the student completes all grades of the school. (D) This paragraph shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local MONDAY, MARCH 30, 2009 3001 board of education pursuant to a transfer authorized under the federal No Child Left Behind Act (P.L. 107-110); or (2) Beginning in school year 2010-2011, request a transfer for the student to attend a public school outside of the student's resident school system. It shall be in the sole discretion of the local board of education, with input from the school council of the desired school, to accept students pursuant to this paragraph. If the parent chooses this option, then the parent shall be responsible for transportation to and from such school. The parent of a student transferring to another school pursuant to this paragraph shall be required to sign a standard contract with the receiving school agreeing that the parent and student will abide by all school rules and procedures and that the violation of any such rules or procedures may result in being removed from the school. If the school accepts the student, such system shall report the student for purposes of funding to the department. The department shall pay to each receiving school through appropriation of state and federal funds an amount equal to the sum of: (A) QBE formula earnings, QBE grants, and federal grants earned by the school based on the school's 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; (B) A proportional share of state categorical grants, non-QBE state grants, state equalization grants, and all other state and federal grants; and (C) An amount determined by the department 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 school resides. The total allotment of state and federal funds to the resident school system of a student attending another school pursuant to this paragraph 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 receiving school pursuant to this paragraph. In the event that the total allotment of state and federal funds to the receiving school system is less than the cost to the receiving school system to educate such student, as compared to its resident students, the receiving school system shall be authorized to charge the student tuition for the difference in such amounts. (b) The State Board of Education shall establish a model universal, streamlined process to implement the transfer provisions of this Code section. The process shall provide that the receiving school system notify the resident school system within ten days of accepting a transfer student. Each local board of education shall adopt a universal, streamlined transfer process that includes, at a minimum, such state model. Such local process shall include a deadline for submitting transfer requests. (c) Each local school system shall annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a 3002 JOURNAL OF THE SENATE timely manner of the options available to the parent under this article. (d) This Code section shall not apply to charter schools. (e) This Code section shall not apply to newly opened schools with available classroom space for a period of four years after the school opens." 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: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby 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 Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Murphy N Orrock Y Pearson Y Powell Ramsey N Reed Y Rogers Y Seabaugh N Seay Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 29, nays 21. HB 251, having received the requisite constitutional majority, was passed by substitute. MONDAY, MARCH 30, 2009 3003 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 The State Senate Atlanta, Georgia 30334 March 30, 2009 Mr. Robert Ewing Secretary of the Senate State Capitol, Room 353 Atlanta, Georgia 30334 Dear Bob: I was away from the chamber during the roll call vote on House Bill 251. I support the bill and ask that I be recorded as having voted "yes." Very truly yours, /s/ David J. Shafer State Senator, District 48 Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Finance Appropriations Reapportionment and Redistricting Regulated Industries and Utilities Rules Education and Youth State Institutions and Property The State Senate Atlanta, Georgia 30334 3004 JOURNAL OF THE SENATE 3/30/09 I would like my vote recorded as a yes on HB 251. /s/ Sen. Tommie Williams Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. Senator Goggans of the 7th was excused as a conferee. HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. The Senate Judiciary Committee offered the following substitute to HB 283: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, so as to change provisions relating to the expenses of the board and the amount and disposition of examination 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 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, is amended by revising Code Section 15-19-2, relating to the rules of governing the Board of Bar Examiners, expenses of the board, and the amount and disposition of examination fees, as follows: MONDAY, MARCH 30, 2009 3005 "15-19-2. (a) It shall be the duty of the Justices of the Supreme Court to appoint and fix the number, terms, and compensation of the Board of Bar Examiners, whose powers and duties shall be as set forth by the Supreme Court by rule. All salaries, fees, and other expenses incurred in administering the Board of Bar Examiners and the examinations conducted by the board shall be paid by the Supreme Court from an appropriation made to the Supreme Court for that purpose. (b) All fees paid by applicants for admission to the bar by examination shall be paid into the general funds of the treasury. The Supreme Court, upon recommendation by the board, shall by rule set the amount of the examination fee to be paid by the applicants for admission to the bar by examination and shall direct to whom and when the fee shall be paid. The examination fee shall be reasonable and shall be determined in such a manner that the total amount of the fees charged and collected by the board in each fiscal year shall approximate the direct and indirect costs to the state of administering the examination. The amount of the fee to be paid by the applicant shall not exceed $90.00." 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 Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Hawkins Y Heath Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Jackson,W Y Johnson Y Jones Y Moody Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton N Stoner Y Tarver N Tate Y Thomas Thompson,C 3006 JOURNAL OF THE SENATE Y Fort C Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 5. HB 283, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for 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 481. The consent was granted, and the Senate insisted on its substitute to HB 481. The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Johnson of the 1st Chance of the 16th Hill of the 4th The Calendar was resumed. MONDAY, MARCH 30, 2009 3007 HB 313. By Representatives Hembree of the 67th and Millar of the 79th: 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 within the "Quality Basic Education Act," so as to revise certain provisions relating to calculating grade point averages for purposes of determining eligibility for enrollment and scholarships for postsecondary education; 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 N Brown Y Buckner E Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort C Goggans Y Golden Grant Y Hamrick Harbison Y Harp Y Hawkins Y Heath N Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 4. HB 313, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Harp of the 29th Reed of the 35th 3008 JOURNAL OF THE SENATE HB 324. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to superior or state court, so as to require the payment of costs of the tribunal appealed from before hearing of an appeal in state court, in the same manner as currently required in superior court; 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 Buckner E Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby Douglas Y Fort C Goggans Y Golden Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson,L Jackson,W E Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 43, nays 0. HB 324, having received the requisite constitutional majority, was passed. At 5:38 p.m. the President announced that the Senate would stand in recess until 6:08 p.m. MONDAY, MARCH 30, 2009 3009 At 6:08 p.m. Senator Tommie Williams, 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 Senate: SB 211. By Senators Johnson of the 1st, Pearson of the 51st, Harbison of the 15th and Crosby of the 13th: 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 the general authority, duties, and procedure for state purchasing, so as to exempt certain purchases from having to go through the Department of Administrative Services; 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 257. By Senators Thomas of the 54th, Orrock of the 36th, Johnson of the 1st, Unterman of the 45th, Weber of the 40th and others: A RESOLUTION creating the Alzheimer's Disease and Other Dementias Task Force; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 63. By Senators Hudgens of the 47th, Williams of the 19th, Mullis of the 53rd and Butterworth of the 50th: 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 3010 JOURNAL OF THE SENATE 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 passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 38. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed dead bodies, so as to authorize the Board for the Distribution of Cadavers to provide for dead bodies to be used in the training and handling of police canine; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 65. By Senators Grant of the 25th, Crosby of the 13th, Hooks of the 14th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 152. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 2-8-13 of the Official Code of Georgia Annotated, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, so as to provide for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: MONDAY, MARCH 30, 2009 3011 SB 20. By Senators Pearson of the 51st, Rogers of the 21st, Seabaugh of the 28th, Williams of the 19th and Mullis of the 53rd: 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 penalties; 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 penalties; to amend Code Section 5036-1 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; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 151. By Senators Wiles of the 37th and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Parole greater input from crime victims, their families, and other interested witnesses; to provide for victim notification of parole board hearings; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 326. By Representatives Lane of the 158th, Knight of the 126th, Williams of the 165th, Burns of the 157th, Dobbs of the 53rd and others: A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to 3012 JOURNAL OF THE SENATE game and fish, so as to change certain provisions relating to effective periods of hunting, fishing, and trapping licenses generally; to amend an Act to amend Title 27 of the O.C.G.A., approved March 10, 1992 (Ga. L. 1992, page 470), so as to delete certain provisions relating to reduction of game and fish license, permit, tag, and stamp fees; to amend an Act to amend Title 27 of the O.C.G.A., approved June 3, 2003 (Ga. L. 2003, page 654), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to amend an Act to amend Article 1 of Chapter 2 of Title 27 of the O.C.G.A., approved May 5, 2005 (Ga. L. 2005, page 517), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Buckner E Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort C Goggans Y 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,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 43, nays 2. HB 326, having received the requisite constitutional majority, was passed. MONDAY, MARCH 30, 2009 3013 Senator Grant of the 25th was excused as a conferee. Senator Hooks of the 14th asked unanimous consent that Senator Crosby of the 13th be excused. The consent was granted, and Senator Crosby was excused. HB 358. 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 taxation, so as to extend the periods of exemption for use of food for hunger relief purposes and use of food donated for disaster relief purposes; 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: 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 17, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 358 (LC 14 9981) Dear Chairman O'Neal: This bill would extend the period of exemption from sales and use tax on the use of prepared food and beverages that are donated to a qualified nonprofit agency to be used 3014 JOURNAL OF THE SENATE for hunger relief purposes. This bill would also extend the period of exemption from sales and use tax on the use of prepared food and beverages donated for disaster relief purposes. Under current law, these exemptions will expire June 30, 2009. This bill would extend the exemptions to June 30, 2011. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This legislation will extend a limited term sales and use tax exemption to qualified nonprofit agencies defined as any entity registered under Section 501(c)(3) of the IRS code providing prepared food for hunger or disaster relief purposes. Note there is no definition in the legislation for prepared food or beverage. It is assumed that prepared food and beverages donated by restaurants, grocery stores, or other retail outlets handling food and beverages to qualified agencies or in case of a natural disaster would be exempt from sales and use tax. In general, restaurants and grocery stores would buy food and beverages without paying sales tax and would normally collect sales and use tax at the point of retail sale. In contrast, individuals would pay the sales and use tax upon purchase of food and beverages and then donate the food to qualified agencies. These donations would not be subject to sales and use tax. There are eight food banks serving throughout Georgia and belonging to Feeding America, the largest domestic charitable hunger relief organization. In order for a food bank to belong to the Feed America network they need to be a 501(c)(3) registered entity; therefore, donations of prepared food and beverages to all eight food banks serving throughout Georgia will qualify for the tax exemption. Atlanta's Table, a program of the Atlanta Community Food Bank (ACFB), collects prepared foods from local restaurants, grocery stores, and the like and distributes them to the needy throughout Atlanta. The ACFB does not collect information on the cost of prepared food and beverages donated to the Atlanta's Table program. However, they do report on their website that they collect and distribute 40,000 pounds of food every month. Assuming that the amount of prepared food collected and distributed each month is the same throughout the year, the ACFB collects and distributes 480,000 pounds of prepared food annually. In 2008, the ACFB reported expenses slightly over $29 million in donated food and other product distributed and served 20 million pounds of food. If the ACFB only distributed food and no non-food products, the cost per pound of food served in 2008 is $1.44. If entities donating prepared food have similar costs, then the annual retail cost of food donated to the ACFB is $693,016. Assuming all eight food banks serving throughout Georgia have similar programs and costs, the estimated annual cost of prepared food and beverages is $5.5 million. Based on these assumptions and calculations, the total tax revenue loss to both the state MONDAY, MARCH 30, 2009 3015 and local governments is $388,089 annually. The state's share of total tax revenue loss is $221,765 and local government tax revenue loss is $166,324 annually. Note the estimated total tax revenue loss is based on the cost per pound of donated food to the ACFB; restaurants and grocery stores preparing food for donation may have different costs of production altering the total tax revenue loss of the bill. 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 Brown Y Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman N Cowsert E Crosby Y Douglas Y Fort C Goggans Y Golden C Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 41, nays 2. HB 358, having received the requisite constitutional majority, was passed. 3016 JOURNAL OF THE SENATE HB 364. By Representatives Stephens of the 164th, Burkhalter of the 50th and Fludd of the 66th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption regarding the sale or use of an airplane flight simulation training device approved by the Federal Aviation Administration under Appendices A and B, 14 C.F.R. Part 60; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Pearson of the 51st. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 13, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 364 (LC 14 9960) Dear Chairman O'Neal: This bill would provide an exemption from sales and use tax for purchase or use of an airplane flight simulation training device approved by the Federal Aviation Administration. The exemption would apply to sales occurring during the period from July 1, 2009, through June 30, 2011. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: MONDAY, MARCH 30, 2009 3017 This exemption is intended to support a specific economic development project that would attract investment and new jobs to Georgia as an existing firm that provides flight training services would expand its local operations. The target operation offers training services on a global basis. This exemption would also be available to other companies that may offer flight training, either to its own employees or as a service for hire. The extent to which companies in addition to the target company purchase flight simulators and take advantage of the exemption is not included in the revenue estimate. The approximate cost of a flight simulator is $12 million. The target company plans to acquire 15 simulators over a ten year period. The company would expand employment by 70 full time employees over the initial three year period and also hire 20 part time employees over a six year period. Students would use an additional 24,000 room nights in local hotels and purchase 48,000 restaurant meals. Thus, the expanded economic activity would generate some additional individual income tax revenue and sales tax revenue for the state due to additional hiring and incremental spending by expanding the number of students trained. The exemption would reduce state sales tax by approximately $480,000 per simulator. The impact on local sales tax revenues would be $360,000 per simulator assuming a 3% sales tax rate. The precise timing and pattern of the purchases of simulators by the target company are not known. It is assumed that over the three years of the exemption, the target buys 1 simulator in FY 2010 and two in FY 2011. The remaining planned purchases of 7 additional simulators would occur after the expiration date of the exemption. Thus, the direct reduction in state sales tax revenue would be $480,000 in FY 2010 and $960,000 in FY 2011. The direct reduction in sales tax revenues to local governments would be $360,000 in FY 2010 and $720,000 in FY 2011. If other companies purchased qualified simulators to replace existing simulators or expand training capacity, the revenue loss would be higher. Data on employment, compensation, hotel room nights and restaurant meals was provided by the Department of Economic Development. It is assumed here that these data represent incremental activity that would not occur if the exemption were not in effect. Based on these assumptions, the increased employment and training activity would yield about $141,000 in state income and sales tax revenue in FY 2010 and $291,000 in FY 2011. Local sales tax and hotel/motel tax revenues would be expected to increase by $59,000 in FY 2010 and $123,000 in FY 2011. Annual revenue increases in FY 2012 would be expected to equal $448,000 for the state and $190,000 for local governments. These revenues would be expected to continue into the future provided the target company maintains projected employment and training levels. Note that if the exemption were extended, the target company anticipates purchasing an additional 7 flight simulators so that potential revenue losses from extending the exemption would offset these later year incremental revenues. 3018 JOURNAL OF THE SENATE 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 N Brown Y Buckner E Bulloch N Butler Y Butterworth Y Chance Chapman N Cowsert Y Crosby Y Douglas N Fort C Goggans Y Golden C Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Johnson Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 38, nays 9. HB 364, having received the requisite constitutional majority, was passed. The President resumed the Chair. HB 368. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 159th, Harden of the 147th and Parham of the 141st: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official MONDAY, MARCH 30, 2009 3019 Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule 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 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 Buckner E Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort C Goggans Y Golden C 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,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 368, 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 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: 3020 JOURNAL OF THE SENATE HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other 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 Graves of the 12th, O`Neal of the 146th, and Scott of the 2nd. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 159. By Senators Grant of the 25th, Unterman of the 45th and Thomas of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to create the Hemophilia Advisory Board; to provide for a short title; to provide for legislative findings; to provide for duties, reporting, membership, and the selection of officers; 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 30. By Senators Tolleson of the 20th, Hooks of the 14th, Cowsert of the 46th, Harp of the 29th, Tarver of the 22nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer MONDAY, MARCH 30, 2009 3021 to supply gasoline distributors and gasoline dealers with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors and gasoline dealers from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes. SB 67. By Senators Murphy of the 27th, Rogers of the 21st, Pearson of the 51st, Mullis of the 53rd, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for certain drivers' licenses, so as to provide that such examinations shall be administered only in the English language; to provide for an exception; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th: A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; 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 396: A BILL TO BE ENTITLED AN ACT To amend provisions of the Official Code of Georgia Annotated relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the Official Code of Georgia 3022 JOURNAL OF THE SENATE Annotated, relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to provide for a fee for a temporary license or identification card; to provide that a driver's license shall not be issued to a person with his or her license or driving privileges suspended in another state; to change the classifications for licenses issued to noncommercial classes of motor vehicles; to change the fees for certain licenses; to change requirements relating to the expiration and renewal of certain licenses; to delete the requirement of notice by certified mail in certain situations; to provide for proper handling of suspensions when multiple convictions are obtained; to require permit drivers to surrender their permits upon certain convictions; to revise the requirements for submission of fingerprints; to prohibit unauthorized scanning of licenses, permits, and identification cards; to provide that the international handicapped symbol shall be displayed on identification cards issued to persons with disabilities; to revise the requirements for formatting identification cards; to amend Chapter 13 of Title 40 of Official Code of Georgia Annotated, relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to provide that every motor carrier subject to regulation by the Public Service Commission shall be provided information emphasizing that it is illegal to allow persons under the age of 21 to possess or consume alcoholic beverages while being transported; 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 drivers' licenses and keeping and disseminating information on licensees, by revising subsection (j) as follows: "(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section, including the promulgation of regulations limiting the retention of conviction and withdrawal information on a driving record. Notwithstanding the foregoing, any regulation relating to the retention of conviction and withdrawal information on a driving record shall apply the same retention schedule to both commercial and noncommercial drivers. In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00." MONDAY, MARCH 30, 2009 3023 SECTION 2. Said chapter is further amended in Code Section 40-5-21.1, relating to drivers' licenses for noncitizens and evidence of lawful presence in the United States, by revising paragraph (7) of subsection (a) and enacting a new subsection (a.1) as follows: "(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 applicant's authorized stay in the United States or three five years, whichever occurs first. (a.1) The fee for issuance or renewal of a temporary driver's license or identification card shall be that established in Code Sections 40-5-25 and 40-5-100 for nontemporary drivers' licenses and identification cards unless the applicant's period of authorized stay is less than five years in which case the fee shall be $5.00 for each full or partial year for which the applicant is eligible for a temporary driver's license or identification card." SECTION 3. Said chapter is further amended in Code Section 40-5-22, relating to eligibility and requirements for issuance of drivers' licenses, by revising subsection (c) as follows: "(c) The department shall not issue any driver's license to nor renew the driver's license of any person: (1) Whose license has driver's license or driving privileges have been suspended during such suspension, or whose license has driver's license or driving privileges have been revoked, except as otherwise provided in this chapter; (2) Whose license is driver's license or driving privileges are currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a driver's license or driving privileges under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle; (4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose driver's license or driving privileges issued by any other jurisdiction is are suspended or revoked by such other jurisdiction during the period such license is driver's license or driving privileges are suspended or revoked by such other jurisdiction." 3024 JOURNAL OF THE SENATE SECTION 4. Said chapter is further amended in Code Section 40-5-23, relating to classes of drivers' licenses, by revising subsection (c) as follows: "(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows: Class C -- Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; except that any combination of vehicles with a gross vehicle weight rating not in excess of 26,000 pounds may be operated under such class of license if such combination of vehicles are controlled and operated by a farmer, used to transport agricultural products, livestock, farm machinery, or farm supplies to or from a farm, and are not used in the operations of a common or contract carrier; Class D -- Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver's license but is not presently licensed to drive; Class A E -- Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B F and Class C; Class B F -- Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C; Class M -- Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P -- Instruction permit applicable to all types of vehicles for which an applicant desires a driver's license but is not presently licensed to drive. Any applicant for a Class A E or Class B F license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license." SECTION 4.1. Said chapter is further amended in Code Section 40-5-24, relating to instruction permits and graduated licensing, by revising subsection (d) as follows: "(d) Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A E and B F. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the MONDAY, MARCH 30, 2009 3025 applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a drivers license for Classes A E and B F, the applicant shall pass a knowledge and skill test for driving a Class A E or B F vehicle as provided by the commissioner." SECTION 5. Said chapter is further amended in Code Section 40-5-25, relating to driver's license applications and fees, by revising subsections (a) and (b) as follows: "(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. Except as provided in Code Section 40-5-21.1, the The fees shall be as established by the commissioner, not to exceed: (1) For instruction permits for Classes A, B, C, E, F, and M driver's licenses and for Class D drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00 (2) For five-year Classes A, B, C, E, F, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 25.00 (2.1) For ten-year eight-year Classes A, B, C, E, F, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 40.00 (3) For Classes A, B, C, and M commercial drivers' licenses . . . . . . . . . . 20.00 25.00 (4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit . . . . . . . . . . . 35.00 (5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 (7) For Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 25.00 (8) For renewal of Classes A, B, C, and M commercial drivers' licenses . 20.00 25.00 (8.1) For renewal of five-year Classes A, B, C, E, F, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 25.00 (8.2) For renewal of ten-year eight-year Classes A, B, C, E, F, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 40.00 3026 JOURNAL OF THE SENATE (9) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class C or Class M license shall be $5.00 and any other discounts shall be as determined by the commissioner. Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensee's name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection. (b)(1) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, E, F, or M driver's 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, or C commercial driver's 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." SECTION 6. Said chapter is further amended in Code Section 40-5-28, relating to the contents of drivers' licenses and prohibition of biological identifiers, by revising subsection (a) as follows: MONDAY, MARCH 30, 2009 3027 "(a) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full legal name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. The department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." SECTION 7. Said chapter is further amended in Code Section 40-5-32, relating to the expiration and renewal of drivers' licenses, by revising subsection (a) as follows: "(a)(1) Except as otherwise provided in this Code section, every driver's license shall expire on the licensee's birthday in the fifth year following the issuance of such license. Notwithstanding the foregoing, any commercial license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class A, B, C, E, F, or M noncommercial driver's license who is under age 60 shall at the applicant's option apply for a license which shall expire on the licensee's birthday in the fifth or tenth eighth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section. (2) Except as otherwise provided by subsection (c) of this Code section, every veteran's or honorary license shall be valid expire on the licensee's birthday in the eighth year following the issuance thereof until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every five years. The department may allow a veteran or honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. (3) The commissioner shall issue such rules and regulations as are required to enforce this subsection." SECTION 8. Said chapter is further amended in Code Section 40-5-54.1, relating to drivers' license suspensions for nonpayment of child support, by revising subsection (b) as follows: "(b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-11- 3028 JOURNAL OF THE SENATE 9.3, 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 driver's 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 driver's 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." SECTION 9. Said chapter is further amended in Code Section 40-5-56, relating to drivers' license suspensions for failure to appear and respond to traffic citations, 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 driver's 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 violator's driver's 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 person's 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 driver's 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. Proof of receipt of said notice shall be admissible 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, but shall not be required to support such a charge." SECTION 10. Said chapter is further amended in Code Section 40-5-63, relating to periods of license suspensions and conditions prior to return of license, by revising subsection (a) as follows: "(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by MONDAY, MARCH 30, 2009 3029 operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75; and further provided that each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident; and further provided that the department shall treat each conviction received in the order in which said convictions are processed even if it is not the order in which said offenses occurred:" SECTION 11. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (d) and (e) as follows: "(d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; (4.1) The installation and use of an ignition interlock device in accordance with Article 7 of Chapter 8 of Title 42, which shall be required for any permittee who is applying for an ignition interlock limited driving permit; and (5) Such other restrictions as the department may require. (e) Fees, duration, renewal, and replacement of permit. A permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's 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 driver's 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 driver's 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 applicant's execution of an affidavit 3030 JOURNAL OF THE SENATE attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's 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 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license limited driving permit issued to him or her." SECTION 12. Said chapter is further amended in Code Section 40-5-75, relating to license suspensions by operation of law for drug convictions, by enacting a new subsection (a.1) and revising subsection (i) as follows: "(a.1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department." "(i) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license in the State of Georgia or holds a driver's license issued by another state, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof." SECTION 13. Said chapter is further amended in Code Section 40-5-82, relating to driver improvement clinics, by revising subsection (e) as follows: "(e) The department shall conduct a records check for any applicant for certification as an operator, director, or instructor of a DUI Alcohol or Drug Use Risk Reduction Program. Each applicant shall submit two sets at least one set of classifiable fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit both sets of the fingerprints to the Georgia Crime Information Center, which shall submit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records based upon the fingerprints. MONDAY, MARCH 30, 2009 3031 After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions. No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents 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." SECTION 14. Said chapter is further amended in Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and programs, by enacting a new subsection (f) as follows: "(f)(1) Each applicant for certification to own or operate a driver improvement clinic shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. (2) No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents 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." SECTION 15. Said chapter is further amended in Code Section 40-5-100, relating to the issuance of identification cards by the department, by revising paragraph (9) of subsection (a), subsection (b), and paragraph (1) of subsection (c) as follows: "(9) Location where the identification card was issued Any other information or design requirement set forth in 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq., if such identification card is intended to be compliant with such requirement;" "(b) The identification card shall be valid for a period of five or ten eight years, at the option of the applicant, and shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number. (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 3032 JOURNAL OF THE SENATE prevent a resident of this state who possesses a driver's license from also possessing an identification card issued under this article. Notwithstanding the foregoing, no person may be issued both a driver's license and an identification card that is compliant with the requirements of 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq." SECTION 16. Said chapter is further amended in Code Section 40-5-103, relating to identification card fees, by revising subsection (a) as follows: "(a) Except as provided in Code Section 40-5-21.1 and subsections (b) and (c) of this Code section, the department shall collect a fee of $20.00 $25.00 for a five-year card and a fee of $35.00 $40.00 for a ten-year an eight-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees." SECTION 17. Said chapter is further amended in Code Section 40-5-120, relating to unlawful use of drivers' licenses or identification cards, by deleting "or" at the end of paragraph (3), deleting the period and inserting "; or" at the end of paragraph (4), and enacting a new paragraph (5) as follows: "(5) Scan another person's driver's license, permit, or identification card without the person's prior knowledge and consent. If a person consents to the scanning of his or her driver's license, permit, or identification card, the information collected may be stored and used for any legitimate purpose. Each act of storage, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a driver's license, permit, or identification card to verify the contents thereof or to gather information for use for any governmental purpose." SECTION 18. Said chapter is further amended in Code Section 40-5-150, relating to the contents of commercial drivers' licenses, including endorsements and restrictions, by revising paragraph (10) of subsection (a) as follows: "(10) The license fee and fees for any endorsements Any other information or design requirement set forth in 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq., if such identification card is intended to be compliant with such requirement." SECTION 19. Said chapter is further amended in Code Section 40-5-171, relating to the issuance and contents of identification cards for persons with disabilities, by revising subsection (a) and enacting a new subsection (c) as follows: "(a) The department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations MONDAY, MARCH 30, 2009 3033 prescribed by the commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Location where the identification card was issued Any other information or design requirement set forth in 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq., if such identification card is intended to be compliant with such requirement; (11) Signature of person identified or facsimile thereof; and (12) Such other information as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." "(c) In addition to the information required in subsection (a) of this Code section, identification cards issued to persons with disabilities shall display the international handicapped symbol on a location designated by the department. The department may display the international handicapped symbol on any driver's license or identification card issued pursuant to the provisions of this chapter upon receipt of the required documentation from the person requesting its inclusion." SECTION 20. Said chapter is further amended in Code Section 40-5-173, relating to the format of identification cards for persons with disabilities, by revising said Code section as follows: "40-5-173. The face of the identification card for persons with disabilities shall prominently bear the words 'URGENT MEDICAL INFORMATION ON REVERSE.' wording selected by the department that is indicative of the presence of urgent medical information on the reverse of the card. On the reverse side of the identification card shall be a space within which the issuer of the card department shall enter such medical information as the applicant may request. The department may print the urgent medical indicator and wording on the reverse of any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion." 3034 JOURNAL OF THE SENATE SECTION 21. Said chapter is further amended in Code Section 40-5-174, relating to identification cards for persons with disabilities with special transportation needs, by revising said Code section as follows: "40-5-174. The face of the identification card for persons with disabilities shall bear the word 'TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the card department shall place an 'X' in such box or blank space if the applicant's disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state. The department may print the transportation indicator on any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion." SECTION 22. Said chapter is further amended in Code Section 40-5-175, relating to identification cards for persons with disabilities with special seating needs at public events, by revising said Code section as follows: "40-5-175. The identification card for persons with disabilities shall bear the word 'SEATING' with a box or blank space adjacent thereto. The issuer of the card department shall place an 'X' in such box or blank space if the applicant's disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state. The department may print the priority seating indicator on any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion." SECTION 23. Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, is amended in Code Section 40-13-2.1, relating to signatures required on uniform traffic citations, by enacting a new subsection (c) as follows: "(c) The signature of any person to whom a citation is issued may be captured electronically." SECTION 24. Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, is amended in Code Section 40-16-4, relating to the powers and duties of the commissioner, by adding a new subsection to read as follows: "(f) The department shall have the authority to contract and make cooperative MONDAY, MARCH 30, 2009 3035 agreements, contracts, and rental agreements with the United States government; any county, municipality, or local government, or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or functions vested in the department." SECTION 25. Chapter 12A of Title 43 of the Official Code of Georgia Annotated, relating to ignition interlock device providers, is amended in Code Section 43-12A-6, relating to eligibility to operate an ignition interlock device provider center or to provide, install, or monitor ignition interlock devices, by deleting "and" at the end of paragraph (3), deleting the period and inserting "; or" at the end of subparagraph (B) of paragraph (4), and enacting new paragraphs (5) and (6) as follows: "(5) Shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (6) Shall be a United States citizen, or if not a citizen, present 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." SECTION 26. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors and operators of driver training schools, is amended in Code Section 43-13-4, relating to qualifications of driver training school operators, by deleting "and" at the end of paragraph (5), deleting the period and inserting "; and" at the end of paragraph (6), and enacting new paragraphs (7) and (8) as follows: "(7) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (8) Be a United States citizen, or if not a citizen, present federal documentation 3036 JOURNAL OF THE SENATE 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." SECTION 27. Said chapter is further amended in Code Section 43-13-5, relating to qualifications for driver training school instructors, by deleting "and" at the end of paragraph (4), deleting the period and inserting "; and" at the end of paragraph (5), and enacting new paragraphs (6) and (7) as follows: "(6) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (7) Be a United States citizen, or if not a citizen, present 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." SECTION 28. Said chapter is further amended in Code Section 43-13-6.1, relating to qualifications for alcohol and drug awareness program instructors, by revising said Code section as follows: "43-13-6.1. (a) The commissioner shall be authorized to issue a special license to the instructor of any driver training school who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver training school shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. (b) Each applicant shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. (c) The commissioner shall not issue a special license to any applicant unless he or she MONDAY, MARCH 30, 2009 3037 is a United States citizen, or if not a citizen, he or she presents 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." SECTION 29. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, is amended in Code Section 46-7-85.10, relating to eligibility for a chauffeur's permit, by revising said Code section as follows: "46-7-85.10. In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commissioner of driver services. The applicant must: (1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; and (3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five ten years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation any felony or any other crime of moral turpitude, or a pattern of misdemeanors that evidences a disregard for the law unless he or she has received a pardon and can produce evidence of same. For the purposes of this paragraph, a plea of nolo contendere shall be considered to be a conviction, and a conviction for which a person has been free from custody and free from supervision for at least ten years shall not be considered, unless the conviction is for a sexually violent offense which is contained in Code Section 421-12 or the criminal offense was committed against a victim who was a minor at the time of the offense (B) If at the time of application the applicant is charged with any of the offenses described in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. (C) If after the issuance of a permit a person is charged with any of the offenses described in subparagraph (A) of this paragraph, the permit shall be suspended pending disposition of such charge. If the person is convicted of such charge, the 3038 JOURNAL OF THE SENATE permit shall be revoked. (D) For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction; (4) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (5) Be a United States citizen, or if not a citizen, present 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." SECTION 30. Said chapter is further amended by adding a new Code section to read as follows: "46-7-92. Any carrier subject to the jurisdiction of the commission that transports passengers shall comply with the provisions of paragraph (1) of subsection (a) of Code Section 3-3-23, concerning consumption of alcoholic beverages by persons under the age of 21. The commission shall provide to all carriers under its jurisdiction that transport passengers, at the time of registration or renewal of a certificate, an informational packet emphasizing the prohibition on alcohol consumption by persons under the age of 21 while being transported by the carrier." SECTION 31. This Act shall become effective on January 1, 2010. SECTION 32. All laws and parts of laws in conflict with this Act are repealed. Senators Mullis of the 53rd, Hill of the 4th and Grant of the 25th offered the following amendment #1 to the committee substitute: Amend the Senate Public Safety Committee substitute to HB 396 (LC 35 1435S) by inserting after the semicolon on line 11 the following: to provide that fees paid to counties for reporting information contained on the uniform citation form shall be subject to appropriations; By inserting between lines 231 and 232 the following: MONDAY, MARCH 30, 2009 3039 SECTION 7.1. Said chapter is further amended by revising subsection (b) of Code Section 40-5-53, relating to the service of notice of suspensions by courts to the department, as follows: "(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method approved by the department. Subject to appropriations by the General Assembly, the The department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court." Senators Smith of the 52nd and Rogers of the 21st offered the following amendment #2 to the committee substitute: Amend the Senate Public Safety Committee substitute to HB 396 (LC 35 1435S) by revising lines 9 and 10 to read as follows: relating to the expiration and renewal of certain licenses; to provide for proper handling of suspensions when By revising line 239 to read as follows: Such notice shall be sent via certified mail to the address reflected on its records as the By revising line 259 to read as follows: pursuant to this Code section. Such notice shall be sent via certified mail to the address Senators Smith of the 52nd, Rogers of the 21st and Seabaugh of the 28th offered the following amendment #3 to the committee substitute: Amend the committee substitute (LC 35 1435S) to HB 396 by deleting on lines 17-20 the following: "to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, so as to provide the department with the power to contract for services;" and by deleting Section 24 on lines 505 through lines 514; 3040 JOURNAL OF THE SENATE and by renumbering the remaining Sections accordingly. Senators Cowsert of the 46th, Thomas of the 54th, Murphy of the 27th and Goggans of the 7th offered the following amendment #4 to the committee substitute: Amend the Senate Public Safety Committee substitute to HB 396 (LC 35 1435S) by adding after "cards;" on line 15 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 adding between lines 498 and 499 the following: SECTION 22.1. 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, and sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or pickup trucks being used by an owner, driver, or occupant 18 years of age or older in connection with agricultural pursuits that are usual and normal to the user's farming operation 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." Senators Wiles of the 37th and Rogers of the 21st offered the following amendment #5 to the committee substitute: Amend the Public Safety committee substitute to HB 396 by deleting by Sections 2, 5, 7, 8, 9, 16, 24 Senators Mullis of the 53rd and Heath of the 31st offered the following amendment #5a to amendment #5 to the committee substitute: Amend amendment # 5 to HB 396 by deleting on line 1 the numbers 2 & 5 and deleting on line 2 the number 16 Senator Wiles of the 37th offered the following amendment #5b to amendment #5 to the committee substitute: Amend amendment # 5 to the Senate Public Safety Committee substitute to HB 396 by deleting the number "24" MONDAY, MARCH 30, 2009 3041 Senator Smith of the 52nd offered the following amendment #6 to the committee substitute: Amend the committee substitute (LC 35 1435S) to HB 396 by deleting on line 512 the phrase: "any persons whatsoever;" and by deleting on lines 513 - 514 the words beginning with, "any" through the word "department" and inserting in lieu thereof the following: "the purpose of creating, designing, publishing or distributing the department's drivers' manuals" Senator Smith of the 52nd offered the following amendment #6a to amendment #6 to the committee substitute: Amend amendment # 6 to the committee substitute to HB 396 by deleting lines 1 - 3 and by deleting the word "and" on line 4. Senator Douglas of the 17th moved that HB 396 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 Buckner N Bulloch Y Butler N Butterworth Y Chance Y Chapman N Cowsert Y Crosby Y Douglas Y Fort N Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp N Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks N Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones N Moody N Mullis N Murphy N Orrock N Pearson N Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton Y Stoner N Tarver Y Tate N Thomas Y Thompson,C N Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 35, nays 19; the motion prevailed, and HB 396 and its amendments were placed on the Table. 3042 JOURNAL OF THE SENATE HB 440. By Representatives Anderson of the 117th, May of the 111th, Rogers of the 26th, Roberts of the 154th and Baker of the 78th: A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning public utility and public transportation matters, so as to provide that state government endorsed rideshare programs are neither for hire nor carrier operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jackson of the 24th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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. HB 440, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: MONDAY, MARCH 30, 2009 3043 HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for 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 substitute to HB 481 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 Seabaugh of the 28th. Senator Chance of the 16th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 444. By Representatives Knight of the 126th and O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for civil penalties and injunctive relief regarding certain tax return preparers; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for an effective date; 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: 3044 JOURNAL OF THE SENATE Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas 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 444, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; 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 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver MONDAY, MARCH 30, 2009 3045 shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," is amended by revising paragraph (8) as follows: "(8) 'Practice nursing as a registered professional nurse' means to practice nursing by performing for compensation any of the following: (A) Assessing the health status of individuals, groups, or both throughout the life span; (B) Establishing a nursing diagnosis; (C) Establishing nursing goals to meet identified health care needs; (D) Planning, implementing, and evaluating nursing care; (E) Providing for safe and effective nursing care rendered directly or indirectly; (F) Managing and supervising the practice of nursing; (G) Collaborating with other members of the health care team in the management of care; (H) Teaching the theory and practice of nursing; (I) Administering, ordering, and dispensing medications, diagnostic studies, and medical treatments authorized by protocol, when such acts are authorized by other general laws and such acts are in conformity with those laws; (J) Administering medications and treatments as prescribed by a physician practicing medicine in accordance with Article 2 of Chapter 34 of this title, a dentist practicing dentistry in accordance with Chapter 11 of this title, or a podiatrist practicing podiatry in accordance with Chapter 35 of this title; or (K) Performing any other nursing act in the care and counsel of the ill, injured, or infirm, and in the promotion and maintenance of health with individuals, groups, or both throughout the life span. This paragraph shall not prohibit the performance of health maintenance activities by a designated caregiver for an individual at the direction of such individual or his or her agent so long as the caregiver is a family member or other person who meets minimum standards as determined by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources, provided however a family member shall not receive compensation for such care. For purposes of this paragraph, 'health maintenance activities' means those activities which enable an individual with disabilities to live as independently as possible in a home and community of his or her choice and include those specialized procedures, beyond activities of daily living, which the individual would perform himself or herself if he or she were able and which the attending physician or registered professional determines can be safely performed in the home and community by a 3046 JOURNAL OF THE SENATE designated caregiver as directed by the individual or his or her agent." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th asked unanimous consent that the Senate disagree to the House substitute to SB 244. The consent was granted, and the Senate disagreed to the House substitute to SB 244. The Calendar was resumed. HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. The Senate Health and Human Services Committee offered the following substitute to HB 457: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; 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 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising paragraph (6) of Code Section 30-5-3, relating to definitions, as follows: "(6) 'Disabled adult' means a person 18 years of age or older who is not a resident of MONDAY, MARCH 30, 2009 3047 a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated or has dementia or a related cognitive impairment." SECTION 2. Said chapter is further amended by revising Code Section 30-5-8, relating to criminal offenses and penalties, as follows: "30-5-8. (a)(1) In addition to any other provision of law, the abuse, neglect, or exploitation of any disabled adult or elder person shall be unlawful. (2) In addition to any other provision of law, it shall be unlawful for a person to act with the specific intent to abuse, neglect, or commit exploitation of any disabled adult. For purposes of this paragraph only, the term 'disabled adult' means a person 18 years of age or older who is: (A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and (B) Mentally or physically incapacitated or has dementia or a related cognitive impairment. A long-term care facility shall not be held criminally liable for the actions of a person who is convicted pursuant to this paragraph. Nothing in this paragraph shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided under any other law. (2)(3) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. (c) Any violation of this Code section shall constitute a separate offense." 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: 3048 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 55, nays 0. HB 457, having received the requisite constitutional majority, was passed by substitute. Senator Tommie Williams, President Pro Tempore, assumed the Chair. Senator Jackson of the 2nd asked unanimous consent that he be excused from voting on HB 464 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Jackson was excused. HB 464. By Representatives Reece of the 11th, Hill of the 21st, Jerguson of the 22nd, Greene of the 149th, Stephens of the 164th 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 modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; 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. MONDAY, MARCH 30, 2009 3049 The Senate Public Safety Committee offered the following substitute to HB 464: 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 modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; 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 generally, is amended by revising Code Section 42-5-55, relating to deductions from an inmate account for the payment of certain damages and medical costs, limits on deductions, and fee for managing inmate accounts, as follows: "42-5-55. (a) As used in this Code section, the term: (1) 'Chronic illness' means an illness requiring care and treatment over an extended period of time. Chronic illness includes, but is not limited to, hypertension, diabetes, pulmonary illness, a seizure disorder, acquired immune deficiency syndrome, cancer, tuberculosis B, hepatitis C, rheumatoid arthritis, an autoimmune disorder, and renal disease. (2) 'Detention facility' means a state, county, or private correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor. (2)(3) 'Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor. (3)(4) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment. (4)(5) 'Officer in charge' means the warden, captain, or superintendent having the supervision of any detention facility. (b) The commissioner or, in the case of a county or private facility, the officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to: (1) Repay the costs of: (A) Public property or private property in the case of an inmate housed in a private correctional facility willfully damaged or destroyed by the inmate during his or her 3050 JOURNAL OF THE SENATE incarceration; (B) Medical treatment and prescription medication for injuries inflicted by the inmate upon himself or herself or others unless the inmate has a severe mental health designation as determined by the department; (C) Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or (D) Quelling any riot or other disturbance in which the inmate is unlawfully involved; or (2) Defray the costs paid by the state or county for: (A) Medical medical treatment for an inmate when the request for medical treatment has been initiated by the inmate; and (B) Medication prescribed for the treatment of a medical condition unrelated to pregnancy or a chronic illness. (c) The provisions of paragraph (2) of subsection (b) of this Code section shall in no way relieve the governmental unit, agency, or subdivision having physical custody of an inmate from furnishing him or her with needed medical treatment. (d) Notwithstanding any other provisions of this Code section, the deductions from money credited to the account of an inmate as authorized under subsection (b) of this Code section shall not be made whenever the balance in the inmate's account is $10.00 or less. (e) The officer in charge of any detention facility is authorized to charge a fee for establishing and managing inmate money accounts. Such fee shall not exceed $1.00 per month." 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 Grant of the 25th, Goggans of the 7th, Mullis of the 53rd and Staton of the 18th offered the following amendment #1 to the committee substitute: Amend the Senate Public Safety Committee substitute to HB 464 (LC 35 1503S) by inserting after "matters;" on line 5 the following: to amend Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, so as to provide for requirements for hospitals that provide emergency health care services to state inmates; MONDAY, MARCH 30, 2009 3051 By inserting between lines 59 and 60 the following: SECTION 1A. Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, is amended by adding a new subsection to read as follows: "(c) A hospital authority or hospital which is not a party to a contract with the Georgia Department of Corrections or its agents on July 1, 2009, shall be reimbursed no more than the applicable Georgia Medicaid rate for emergency services provided to such state inmate. For purposes of this subsection, the term 'state inmate' means any inmate for whom the Georgia Department of Corrections shall be responsible for the payment of medical care thereof. Nothing in this Code section shall prohibit the Georgia Department of Corrections from negotiating higher fees or rates with health care providers. It is the intent of the General Assembly that the Georgia Department of Corrections or its agents enter into negotiations with health care providers to contract for the provision of services as provided in this Code section." On the adoption of the amendment, there were no objections, and the Grant 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 N Brown Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Y Orrock Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman 3052 JOURNAL OF THE SENATE Y Grant Y Hamrick Y Harbison Y Harp Y Pearson Y Powell N Ramsey Y Reed Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 3. HB 464, having received the requisite constitutional majority, was passed by substitute. HB 475. By Representatives Cooper of the 41st, Harbin of the 118th, Lindsey of the 54th, Houston of the 170th, Wilkinson of the 52nd 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 revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hawkins of the 49th. The Senate Higher Education Committee offered the following substitute to HB 475: A BILL TO BE ENTITLED AN ACT To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the requirements for nursing education programs required for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse; to revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; to provide for temporary permits for approved preceptorships; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising paragraph (1.1) of Code Section 43-26-3, relating to definitions, and adding a new paragraph as follows: "(1.1) 'Advanced practice registered nurse' means a registered professional nurse licensed under this chapter who is recognized by the board as having met the requirements established by the board to engage in advanced nursing practice and who holds a master's degree or other graduate degree approved by the board from an MONDAY, MARCH 30, 2009 3053 approved nursing education program and national board certification in his or her area of specialty, or a person who was recognized as an advanced practice registered nurse by the board on or before June 30, 2006. This paragraph shall not be construed to require a certified registered nurse anesthetist who graduated from an approved nurse anesthetist educational program prior to January 1, 1999, to hold a master's degree or other graduate degree. (1.2) 'Approved nursing education program' located in this state means a nursing education program approved by the board as meeting criteria established by the board. An 'approved nursing education program' located outside this state means a nursing education program that the board has determined to meet criteria similar to and not less stringent than criteria established by the board. In order to be approved by the board, a nursing education program must be one that is offered by: (A) A unit of the University System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (B) An institution of the Technical College System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (C) A nonprofit postsecondary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education; or (D) A proprietary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education." SECTION 2. Said chapter is further amended by revising Code Section 43-26-7, relating to requirements for licensure as a registered professional nurse, as follows: "43-26-7. (a) Any applicant who meets the requirements of this Code section shall be eligible for licensure as a registered professional nurse. (b) An applicant for licensure by examination shall: (1) Submit a completed written application and fee; (2)(A) 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 an approved nursing education program, as defined in Code Section 43-26-3; or (B)(i) Notwithstanding subparagraph (A) of this paragraph, have graduated from a nontraditional nursing education program approved by the board which meets the requirements in subsection (e) of this Code section; and (ii)(I) If entered the nontraditional nursing education program as a licensed practical nurse with at least three years of clinical experience in a health care facility as a licensed practical nurse whose academic education as a licensed practical nurse included clinical training in pediatrics, obstetrics and gynecology, medical-surgical, and mental illness, have completed a 350 hour postgraduate preceptorship arranged by the applicant under the oversight of a registered 3054 JOURNAL OF THE SENATE professional nurse where such applicant is transitioned from the role of a licensed practical nurse to a registered professional nurse. The preceptorship shall have prior approval of the board and successful completion of the preceptorship shall be verified in writing by the preceptor; or (II) If entered the nontraditional nursing education program as (1) a military medical corpsman or paramedic or (2) a licensed practical nurse with less than three years of clinical experience in a health care facility as a licensed practical nurse whose academic training as a licensed practical nurse did not include clinical training in pediatrics, obstetrics and gynecology, medical-surgical, and mental illness, have completed a 700 hour postgraduate preceptorship arranged by the applicant under the oversight of a registered professional nurse and approved by the board. Such preceptorship shall include clinical practice in a health care facility in pediatrics, obstetrics and gynecology, medical-surgical, mental illness, and transition into the role of a registered professional nurse. The preceptorship shall have prior approval of the board and successful completion of the preceptorship shall be verified in writing by the preceptor. Applicants who, before July 1, 2008, entered a nontraditional nursing education program which meets the requirements of subsection (e) of this Code section and complete such program no later than June 30, 2011, shall be deemed to meet the criteria of this paragraph; provided, however, that the board shall have the discretion to require additional clinical hours of experience of applicants who (i) did not enter the nontraditional nursing education program as a licensed practical nurse, or (ii) entered the nontraditional nursing education program as a licensed practical nurse but does not have at least one year of clinical experience in a health care facility as a licensed practical nurse, if such applicant's clinical experience is deemed lacking by the board; (3) Pass a board recognized licensing examination; provided, however, that such examination may not be taken prior to graduation from the approved nursing education program. In no way shall the passage of such examination by a graduate of a nontraditional nursing education program who does not meet the other requirements of this subsection be construed to authorize such individual to practice nursing, to require the board to license such individual as a registered professional nurse other than to issue in its sole discretion a temporary permit pursuant to Code Section 43-268, or to be endorsed from another state as a registered professional nurse; (4) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination 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 such background check; and MONDAY, MARCH 30, 2009 3055 (5) Meet such other criteria as established by the board. (c) An applicant for licensure by endorsement shall: (1) Submit a completed written application and fee; (2)(A) Have passed a board recognized licensing examination following graduation 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; an approved nursing education program, as defined in Code Section 43-26-3; or (B) Notwithstanding subparagraph (A) of this paragraph, have graduated from a nontraditional nursing education program approved by the board which meets the requirements in subsection (e) of this Code section; (3) Submit verification of initial and current licensure in any other licensing jurisdiction administering a board recognized licensing examination; (4)(A) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a nursing education program within the four years immediately preceding the date of the application; (B) If graduated from a nontraditional nursing education program, have practiced nursing as a registered professional nurse in a health care facility for at least one year in the three years preceding the date of the application and such practice is documented by the applicant and approved by the board; (C) If entered a nontraditional nursing education program as a licensed practical nurse and graduated from such program and practiced nursing as a registered professional nurse in a health care facility for less than one year in the three years preceding the date of the application, have completed a 350 hour postgraduate preceptorship arranged by the applicant under the oversight of a registered professional nurse and where such applicant is transitioned from the role of a licensed practical nurse to a registered professional nurse. The preceptorship shall have prior approval of the board and successful completion of the preceptorship shall be verified in writing by the preceptor; or (D) If entered a nontraditional nursing education program as a military medical corpsman or paramedic and graduated from such program and practiced nursing as a registered professional nurse in a health care facility for less than one year in the three years preceding the date of the application, have completed a 700 hour postgraduate preceptorship arranged by the applicant under the oversight of a registered professional nurse. Such preceptorship shall include clinical practice in a health care facility in pediatrics, obstetrics and gynecology, medical-surgical, mental illness, and transition into the role of a registered professional nurse. The preceptorship shall have prior approval of the board and successful completion of the preceptorship shall be verified in writing by the preceptor; (5) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to 3056 JOURNAL OF THE SENATE the board for licensure by examination 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 such background check; and (6) Meet such other criteria as established by the board. (d) An applicant for reinstatement who has previously held a valid license in Georgia shall: (1) Submit a completed written application and fee; (2) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board an approved nursing education program, as defined in Code Section 43-26-3, within the four years immediately preceding the date of the application; (3) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination 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 such background check; and (4) Meet such other criteria as established by the board. (e) A nontraditional nursing education program shall meet the following requirements: (1) Is part of an institution of higher education that is approved by the appropriate regulatory authorities of its home state; (2) Holds regional and specialty accreditation by an accrediting body or bodies recognized by the United States Secretary of Education or the Council for Higher Education Accreditation; (3) Requires its program applicants to be a licensed practical/vocational nurse, military medical corpsman, or paramedic; (4) Requires its students to pass faculty determined program outcomes including competency based assessments of nursing knowledge and a summative performance assessment of clinical competency of a minimum of 2 1/2 days developed by faculty subject matter experts that follows nationally recognized standards for educational testing; and (5) Its graduates pass a board recognized licensing examination at a rate equivalent to the minimum rate required for board approved traditional nursing education programs." SECTION 3. Said chapter is further amended by revising Code Section 43-26-8, relating to temporary MONDAY, MARCH 30, 2009 3057 permits, as follows: "43-26-8. (a) A temporary permit may be issued to an applicant for licensure by examination, endorsement, or reinstatement in accordance with criteria established by the board. (b) A six-month temporary permit may be issued to a graduate of a nontraditional nursing education program that meets the requirements of subsection (e) of Code Section 43-26-7 to practice nursing only as a part of their board approved preceptorship. A temporary permit issued pursuant to this subsection may be renewed only one time for an additional six-month period." SECTION 4. Said chapter is further amended by revising Code Section 43-26-32, relating to definitions, by adding a new paragraph to read as follows: "(1.1) 'Approved nursing education program' located in this state means a nursing education program approved by the board as meeting criteria established by the board. An 'approved nursing education program' located outside this state means a nursing education program that the board has determined to meet criteria similar to and not less stringent than criteria established by the board. In order to be approved by the board, a nursing education program must be one that is offered by: (A) A unit of the University System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (B) An institution of the Technical College System of Georgia; (C) A nonprofit postsecondary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education; or (D) A proprietary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education." SECTION 5. Said chapter is further amended by revising subparagraph (a)(1)(C) of Code Section 4326-36, relating to application for licensure, as follows: "(C) Has graduated from a nursing education program approved by this board or which meets criteria similar to, and not less stringent than, those established by this board an approved nursing education program, as defined in Code Section 43-2632;" SECTION 6. Said chapter is further amended by revising subsections (a) and (b) of Code Section 4326-38, relating to license by endorsement, as follows: "(a) The board, at its discretion, may issue a license to practice as a licensed practical nurse, without examination, to any person who has a high school diploma or general educational development (GED) diploma and has been duly licensed or registered as a practical or vocational nurse or who is entitled to perform similar service under a 3058 JOURNAL OF THE SENATE different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing and was issued based upon completion of an approved program nursing education program, as defined in Code Section 43-26-32, and passage of an examination, which program and examination have has been determined by the board to be substantially equal to or greater than the requirements for licensure as a licensed practical nurse in this state and if such person has engaged in the active practice of practical nursing as a licensed practical nurse within five years immediately preceding the application; provided, however, that the requirement for active practice shall not apply to an applicant who has graduated from an approved nursing education program within one year of the date of application or who was initially licensed within one year of the date of application. (b) The board, at its discretion, may issue a license to practice as a licensed practical nurse, with examination, to any person who has a high school diploma or general educational development (GED) diploma and has been duly licensed or registered as a practical or vocational nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing and was issued based upon completion of an approved program nursing education program, as defined in Code Section 43-26-32, substantially equal to or greater than the requirements of such programs in this state, except however, such applicant has not been duly examined according to the prescribed examination approved by this board and if such person has engaged in active practice of practical nursing as a licensed practical nurse within five years immediately preceding the application." 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 Y Brown Y Hawkins Y Heath Y Henson Y Rogers Y Seabaugh Y Seay MONDAY, MARCH 30, 2009 3059 Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas Y Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 52, nays 0. HB 475, having received the requisite constitutional majority, was passed by substitute. HB 476. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain members; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hawkins of the 49th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 3060 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 February 10, 2009 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 476 (LC 21 0285) Dear Representative Maxwell: This bill would amend provisions relating to reemployment under the Peace Officers' Annuity and Benefit Fund. Currently, members who qualify for a normal service retirement may continue to receive retirement benefits if they return to work as a peace officer. If this legislation is enacted, persons who first or again become a member of the Fund on or after July 1, 2009 would no longer be eligible to retain their benefits if they become reemployed. This legislation would require the Fund to discontinue benefits for the duration of the reemployment. This is to certify that this bill 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 substitute to HB 476: A BILL TO BE ENTITLED AN ACT To provide for the reform of certain features of certain public retirement systems; 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 an employing unit shall pay to the retirement system the actuarial cost of granting an employee a salary increase in excess of 5 percent during the 12 months prior to such employee's retirement; to provide that the computation of a retirement benefit for persons who become members MONDAY, MARCH 30, 2009 3061 on or after July 1, 2009, shall not include a compensation increase in the last 12 months of employment which exceeds 5 percent; to clarify provisions relative to a death benefit for certain members of such retirement system; to provide for the authority to increase liability contribution rates for certain members; to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain members; 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 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended in Code Section 47-2-120, relating to retirement allowances, by adding a new subsection to read as follows: "(f) The board of trustees shall cause the actuary for the retirement system to calculate the actuarial cost to the retirement system of any salary increase granted to a member in excess of 5 percent over the 12 months immediately prior to such member's retirement date and shall notify the employing unit of such amount. Such notice shall be sent not later than 60 days following such member's retirement date. The employing unit shall pay such amount, together with the cost of such actuarial calculation, as a supplemental employer contribution to the board of trustees not later than the last day of the month following receipt of such notice." SECTION 2. Said chapter is further amended in subsection (c) of Code Section 47-2-123, relating to allowance payable upon death, disability, or involuntary separation from employment, restrictions on separation for disability, and restrictions on entitlement to involuntary separation benefits, by adding a new paragraph to read as follows: "(3) In lieu of a death benefit as provided in paragraph (1) of this subsection, a member who first or again becomes a member of the retirement system on or after July 1, 2007, and who has at least 10 years of creditable service and is at least 60 years of age or who is less than 60 years of age and has at least 15 years of creditable service shall upon death receive the equivalent of a service retirement allowance calculated upon the number of years of creditable service attained on the date of death 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." SECTION 3. Said chapter is further amended by revising Code Section 47-2-222, relating to power to increase liability contribution rates for Department of Public Safety, Department of 3062 JOURNAL OF THE SENATE Natural Resources, and Department of Revenue and transfer of employees, as follows: "47-2-222. Any other provisions of law to the contrary notwithstanding, the board of trustees may increase the normal and accrued liability employer contribution rates of the Department of Public Safety, the Department of Natural Resources, and the Department of Revenue, the Georgia Bureau of Investigation, the Department of Corrections, the State Board of Pardons and Paroles, and any other agency or authority to an amount set by the board of trustees as actuarially sufficient to fund the employer's cost of the benefits provided in this chapter for groups of employees of such departments. In the event any group of employees of any of such departments is transferred to the administration of any other department or agency, that department or agency shall continue to pay the normal and accrued liability contributions on behalf of such employees at the rate set by the board of trustees." SECTION 4. Said chapter is further amended in Code Section 47-2-334, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, by adding a new subsection to read as follows: "(j) The board of trustees shall cause the actuary for the retirement system to calculate the actuarial cost to the retirement system of any salary increase granted to a member in excess of 5 percent over the 12 months immediately prior to such member's retirement date and shall notify the employing unit of such amount. Such notice shall be sent not later than 60 days following such member's retirement date. The employing unit shall pay such amount, together with the cost of such actuarial calculation, as a supplemental employer contribution to the board of trustees not later than the last day of the month following receipt of such notice." SECTION 5. Said chapter is further amended by revising paragraph (2) of Code Section 47-2-353, relating to the calculation of a service retirement allowance for members subject to the provisions of the "Georgia State Employees' Pension and Savings Plan," as follows: "(2) A monthly pension which, together with the annuity, shall provide a total retirement allowance equal to 1.0 1 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 member's 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 member's years of creditable service; provided, however, that for members employed on or after July 1, 2009, no salary increase by adjustment in compensation in any manner during the last 12 months, which increase is in excess of 5 percent, shall be included in such computation." MONDAY, MARCH 30, 2009 3063 SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 47-2-356, relating to death allowances and benefits, as follows: "(a) Any For purposes of calculating a survivor's benefit, 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 deemed to 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 deemed to be eligible to retire forthwith to receive a service retirement allowance." SECTION 7. Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, is amended by revising subsection (g) as follows: "(g)(1) Except as provided in paragraphs (2) and (3) of this subsection, any member who again becomes employed as a peace officer after having been placed on retirement under this Code section shall immediately notify the secretary-treasurer of such reemployment. Retirement benefits being paid to such member shall be terminated as of the date of such reemployment and shall remain terminated for the duration of such reemployment. During such period of reemployment, said member shall pay regular monthly dues into this fund. Upon meeting the requirements provided by law, such member shall be entitled to all benefits provided for in Code Sections 47-17-81 and 47-17-82; but such member shall not be entitled to any increase in retirement benefits by virtue of service during the period of reemployment unless such reemployment is for a term of three years or more, in which instance such member may again apply for retirement as if he or she had not previously been retired; and he or she shall be entitled to such benefits as may be provided by law at that time, if he or she so chooses. (2) The provisions of paragraph (1) of this subsection shall not apply to a retired member employed in any capacity for 1,040 hours or less in any calendar year. (3) The provisions of paragraph (1) of this subsection shall not apply to a member otherwise qualified for a normal service retirement under this chapter with at least 30 years of creditable service and who has attained the age of 55. Any such member may continue or reenter employment as a peace officer and shall for all purposes be considered a retired member of this fund; provided, however, that the provisions of this paragraph shall not apply to any person who first or again becomes a member on or after July 1, 2009." 3064 JOURNAL OF THE SENATE SECTION 8. 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, 2009 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 476 (LC 21 0459S) Dear Senator Heath: This substitute bill would amend provisions relating to the Employees' Retirement System. Specifically, this substitute bill would place requirements on employers who grant salary increases in excess of 5 percent during the 12 months prior to an employee's retirement. Under the provisions of this bill, the employer would be responsible for paying the full actuarial cost of retirement benefits that are due to an employee as a result of the employee receiving a salary increase in excess of 5 percent during the 12 months prior to retirement. This substitute bill would apply for all persons who became members prior to July 1, 2009. Additionally, this substitute bill would amend provisions relating to the calculation of a service retirement allowance for persons who become employed on or after July 1, 2009 and are covered under the Georgia State Employees' Pension and Savings Plan. If this substitute bill is enacted, the computation of a retirement benefit shall not include a compensation increase in the last 12 months of employment that exceeds five percent. MONDAY, MARCH 30, 2009 3065 All other provisions currently applicable to the calculation of a retirement allowance would remain in effect. This substitute bill would also amend provisions relating to certain law enforcement personnel that are covered under the Employees' Retirement System. Specifically, this bill would authorize the Board of Trustees to increase the normal and accrued liability employer contribution rates for the Georgia Bureau of Investigation, Department of Corrections, and the State Board of Pardons and Paroles to an amount that is actuarially sufficient to fund the employer's cost of the benefits provided for the law enforcement personnel of these departments. Current law already authorizes the Board of Trustees to adjust the rate for the Department of Public Safety, Department of Natural Resources, and the Department of Revenue. Additionally, this bill includes clarifying language relating to death benefits paid to members who are hired on or after July 1, 2007. Finally, this substitute bill would amend provisions relating to reemployment under the Peace Officers' Annuity and Benefit Fund. Currently, members who qualify for a normal service retirement may continue to receive retirement benefits if they return to work as a peace officer. If this legislation is enacted, persons who first or again become a member of the Fund on or after July 1, 2009 would no longer be eligible to retain their benefits if they become reemployed. This legislation would require the Fund to discontinue benefits for the duration of the reemployment. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the substitute, 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 Buckner Y Bulloch Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims 3066 JOURNAL OF THE SENATE Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber N Wiles Williams (PRS) On the passage of the bill, the yeas were 51, nays 2. HB 476, having received the requisite constitutional majority, was passed by substitute. HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. Senators Butterworth of the 50th, Smith of the 52nd and Rogers of the 21st offered the following amendment #1: Amend HB 529 by deleting on line 14 the words, "if any" and inserting in lieu thereof the following: "or zoning ordinances, as defined by O.C.G.A. section 36-66-3" Senator Butterworth of the 50th offered the following amendment #1a to amendment #1: Amend amendment # 1 to HB 529 by adding the words "if any" following "O.C.G.A. Section 36-66-3" On the adoption of the amendment, there were no objections, and the Butterworth amendment #1a to amendment #1 was adopted. MONDAY, MARCH 30, 2009 3067 On the adoption of amendment #1 as amended, the President asked for unanimous consent. Senator Bulloch of the 11th objected. 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 Y Brown N Buckner N Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert N Crosby Y Douglas Y Fort N Goggans N Golden Y Grant N Hamrick N Harbison Y Harp Y Hawkins N Heath Y Henson N Hill,Jack Y Hill,Judson N Hooks N Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones Y Moody N Mullis N Murphy Y Orrock N Pearson N Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer N Sims Y Smith N Staton Y Stoner N Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber N Wiles Williams (PRS) On the adoption of the amendment, the yeas were 33, nays 22, and the Butterworth et al. amendment #1 was adopted as amended. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman N Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Hawkins Y Heath N Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Rogers N Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton 3068 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed N Stoner Y Tarver N Tate Y Thomas Y Thompson,C N Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 36, nays 17. HB 529, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto: SB 165. By Senators Goggans of the 7th, Williams of the 19th, Hill of the 4th, Hawkins of the 49th and Hill of the 32nd: 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 authorize the Department of Community Health to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and the PeachCare for Kids Program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 165 by striking the word "shall" on lines 14 and 32 and inserting in each respective place "may". By striking the word "The" on lines 16 and 34 and inserting in each respective place the following: If the department elects to contract with the state revenue commissioner for such purposes, the Senator Goggans of the 7th moved that the Senate agree to the House amendment to SB 165. MONDAY, MARCH 30, 2009 3069 On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the motion, the yeas were 49, nays 3; the motion prevailed, and the Senate agreed to the House amendment to SB 165. The Calendar was resumed. HB 581. By Representatives Coan of the 101st, May of the 111th, Horne of the 71st, Marin of the 96th, Reese of the 98th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hudgens of the 47th. 3070 JOURNAL OF THE SENATE The Senate Insurance and Labor Committee offered the following substitute to HB 581: A BILL TO BE ENTITLED AN ACT To amend Titles 34 and 50 of the Official Code of Georgia Annotated, relating to labor and industrial relations and state government, respectively, so as to provide for implementation of provisions allowing for stimulation of the economy and labor market within the state; to protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to extend suspension of adjustments based upon the State-wide Reserve Ratio; to provide for a reduced adjustment in contribution rates through a certain time period; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; to change a definition; to provide for additional weeks of benefits for persons in certain types of job training for high-demand occupations; to provide for restrictions on disclosure of confidential information; to change certain provisions relating to the base period; to change certain provisions relating to eligibility requirements for extended benefits; to change certain provisions relating to withdrawals from the Unemployment Trust Fund; to provide for applicability; to change certain provisions regarding powers of the Georgia State Financing and Investment Commission; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Works Job Creation and Protection Act of 2009." SECTION 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-8-150, relating to payment of contributions by employers, to read as follows: "34-8-150. (a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Except as otherwise provided in this Code section, such Such contributions shall become due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Commissioner may prescribe; provided, however, that with respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner shall provide by regulation MONDAY, MARCH 30, 2009 3071 that such contributions shall become due and be paid on an annual basis not later than such date as shall be prescribed by resolution of the Commissioner. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ. (b)(1) For calendar quarters beginning on or after July 1, 2009, when the combined amount of contributions under this Code section and assessments under Code Section 34-8-180 or 34-8-181 due from an employer for any calendar quarter does not exceed $5.00, such amount may be regarded as a de minimis amount with respect to that calendar quarter. (2) Payment of such de minimis amount for such calendar quarter, otherwise due before the last day of the month next following the end of the calendar quarter, may be deferred, at the option of the employer, until the January 31 reporting date next following, if the employer: (A) Files all quarterly wage and tax reports, including a report of such de minimis amount due; (B) Timely pays all other amounts due; and (C) Makes full payment of any deferred de minimis amount by the January 31 report date next following. (3) In the event that an employer fails to comply with paragraph (2) of this subsection, any such deferred de minimis amount shall become delinquent as of the date originally due under this Code section and Code Section 34-8-165, 34-8-180, or 34-8-181, as applicable, and the employer shall be subject to all the provisions thereof. (b)(c) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent." SECTION 3. Said title is further amended by revising subparagraph (d)(4)(B) of Code Section 34-8156, relating to the State-wide Reserve Ratio for unemployment compensation, to read as follows: "(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the Statewide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.5 percent 1.7 percent 25 percent 3072 JOURNAL OF THE SENATE 1.25 percent 1.5 percent 50 percent 0.75 percent 1.25 percent 75 percent Under 0.75 percent 100 percent provided, however, that for the periods of January 1 through December 31, 2004; January 1 through December 31, 2005; and January 1 through December 31, 2006, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the computation date with respect to rates applicable to calendar year 2004, 2005, or 2006, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the periods of January 1 through December 31, 2007, January 1 through December 31, 2008, and January 1 through December 31, 2009, January 1 through December 31, 2010, and January 1 through December 31, 2011, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2007, 2008, or 2009, 2010, or 2011, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155." SECTION 4. 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 $1,885,551.11 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 MONDAY, MARCH 30, 2009 3073 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 5. Said title is further amended by revising Code Section 34-8-24, relating to an individual's status as bona fide in the labor market, which revision is intended to satisfy the requirements and conditions to qualify for incentive payments provided for as Special Transfers for Unemployment Compensation Modernization in Section 2003 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to read as follows: "34-8-24. As used in this chapter, the term 'bona fide in the labor market' means that any person claiming benefits under this chapter must be available for full-time employment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions, provided that no individual who is otherwise eligible shall be deemed ineligible for benefits solely because the individual seeks, applies for, or accepts only part-time work, instead of full-time work, provided the individual claiming benefits worked part-time during a majority of the weeks of work in the base period and the individual is available for part-time work for at least 20 hours per week." SECTION 6. Said title is further amended by revising subsection (d) of Code Section 34-8-193, relating to determination of weekly benefit amount, which revision is intended to satisfy the requirements and conditions to qualify for incentive payments provided for as Special Transfers for Unemployment Compensation Modernization in Section 2003 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to read as follows: "(d)(1) Except as otherwise provided in this subsection, the The maximum benefits payable to an individual in a benefit year shall be the lesser of 26 times the weekly benefit amount or one-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection and without restriction with respect to an individual's benefit year, for claims filed on or after January 1, 2010, weekly unemployment compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under 3074 JOURNAL OF THE SENATE the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a highdemand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. The total amount of unemployment compensation payable under this subsection to any individual shall be equal to at least 26 times the individual's weekly benefit amount for the individual's most recent benefit year. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection." SECTION 7. Said title is further amended by revising Code Section 34-8-121, relating to information or records to be kept private and confidential, release of authorized maintenance of records, and destruction of outdated records, to read as follows: "34-8-121. (a) Any information or records concerning an individual or employing unit obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility shall be private and confidential, except as otherwise provided in this article or by regulation. This article does not create a rule of evidence. Information or records may be released by the department when the release is required by the federal government in connection with, or as a condition of funding for, a program being administered by the department. The provisions of paragraphs (1) through (3) of subsection (a) of Code Section 34-8-125 shall not apply to such release. (b)(1) Each employing unit shall keep true and accurate records containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or an authorized representative of the Commissioner at any time and as often as may be necessary. In addition to information prescribed by the Commissioner, each employer shall keep records of and report to the Commissioner quarterly the street address of each establishment, branch, outlet, or office of such employer, the nature of the operation, MONDAY, MARCH 30, 2009 3075 the number of persons employed, and the wages paid at each establishment, branch, outlet, or office. (2) The Commissioner or an authorized representative of the Commissioner may require from any employing unit any sworn or unsworn reports deemed necessary for the effective administration of this chapter. Any member of the board of review, any administrative hearing officer, or any field representative may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which are deemed necessary for the effective administration of this chapter. (3) Information, statements, transcriptions of proceedings, transcriptions of recordings, electronic recordings, letters, memoranda, and other documents and reports thus obtained or obtained from any individual, claimant, employing unit, or employer pursuant to the administration of this chapter, except to the extent necessary for the proper administration and enforcement of this chapter, shall be held confidential and shall not be subject to subpoena in any civil action or proceeding, published, or open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity; but any claimant, employer, or a duly authorized representative, at a hearing before an administrative hearing officer or the board of review, shall be supplied with information from such records to the extent necessary for the proper presentation of his or her claim. Any person who violates any provision of this paragraph shall upon conviction be guilty of a misdemeanor. (4) Notwithstanding the provisions of Code Sections 50-6-9 and 50-6-29 relating to the powers of the state auditor to disclose private and confidential information or records obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility, such private and confidential information or records may be disclosed by the state auditor only in accordance with all provisions of this article and the requirements of 20 C.F.R. 603 and, after notice and review, upon the written direction of the Commissioner issued in advance of such disclosure. (4)(5) On orders of the Commissioner, any records or documents received or maintained by the Commissioner under the provisions of this chapter or the rules and regulations promulgated under this chapter may be destroyed under such safeguards as will protect their confidential nature two years after the date on which such records or documents last serve any useful, legal, or administrative purpose in the administration of this chapter or in the protection of the rights of anyone." SECTION 8. Said title is further amended by revising Code Section 34-8-21, relating to base period, as follows: "34-8-21. (a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, however, 3076 JOURNAL OF THE SENATE that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding the first day of the individual's benefit year. Such base period shall be known as the 'alternative base period.' Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)." SECTION 9. Said title is further amended by revising Code Section 34-8-197, relating to eligibility requirements for extended benefits, to read as follows: "34-8-197. (a) Definitions. As used in this Code section, the term: (1) 'Eligibility period' of an individual means the period consisting of the weeks in his or her benefit year which begin in an extended benefit period and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such period; provided, however, that with respect to extended benefit periods established under division (a)(3)(B)(i) of this Code section pertaining to Section 2005 of Public Law 111-5 and any extension thereof that does not impose any new condition upon receipt of such federal funding, 'eligibility period' of an individual also means the period consisting of the weeks during which such individual is eligible for Emergency Unemployment Compensation provided for by the Supplemental Appropriations Act of 2008, Title IV Emergency Unemployment Compensation, Public Law 110-252, and the Unemployment Compensation Extension Act of 2008, Public Law 110-449, when such weeks begin in that extended benefit period and, if his or her eligibility for such emergency unemployment compensation ends within such extended benefit period, any weeks thereafter which begin in such period, except as otherwise limited by the provisions in division (a)(3)(B)(ii) of this Code section. (2) 'Exhaustee' means an individual who, with respect to any week of unemployment in his or her eligibility period: (A) Has received, prior to such week, all of the regular benefits that were available to him or her under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service personnel under 5 U.S.C. Chapter 85, in his or her current benefit year that includes such week, provided that for the purposes of this subparagraph an individual shall MONDAY, MARCH 30, 2009 3077 be deemed to have received all of the regular benefits that were available to him or her, although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his or her benefit year, he or she may subsequently be determined to be entitled to added regular benefits; (B) His or her benefit year having expired prior to such week, has no or insufficient wages on the basis of which he or she could establish a new benefit year that would include such week; and (C)(i) Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act and such other federal laws as are specified in regulations issued by the United States secretary of labor. (ii) Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if he or she is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law, he or she is considered an exhaustee. (3)(A) 'Extended benefit period' means a period which: (A)(i) Begins with the third week after a week for which there is a state 'on' indicator; and (B)(ii) Ends with either of the following weeks, whichever occurs later: (i)(I) The third week after the first week for which there is a state 'off' indicator; or (ii)(II) The thirteenth consecutive week of such period. However, no extended benefit period may begin by reason of a state 'on' indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. There is a state 'on' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment under the state law for the period equaled or exceeded 120 percent of the average of such rates for the corresponding 13 week period ending in each of the preceding two calendar years and equaled or exceeded 5 percent. There is a state 'off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, either of the above provisions is not satisfied. (B)(i) With respect to weeks of unemployment beginning on or after February 1, 2009, there is a state 'on' indicator for a week if: (I) The average rate of total unemployment, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 6 1/2 percent; and (II) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the three-month period referred to in subdivision (I) of this subparagraph, equals or exceeds 110 percent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years. (ii) This subparagraph shall apply through the week ending three weeks prior to the last week for which 100 percent federal funding is authorized and provided 3078 JOURNAL OF THE SENATE pursuant to either Section 2005(a) of Public Law 111-5 or any extension thereof that does not impose any new condition upon receipt of such federal funding. (C) There is a state 'off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, none of the options specified in subparagraphs (A) and (B) of this paragraph result in an 'on' indicator. (4) 'Rate of insured unemployment,' for purposes of paragraph (3) of this subsection, means the percentage derived by dividing: (A) The average weekly number of individuals filing claims in this state, not including individuals filing claims for extended benefits or regular benefits claimed by federal civilian employees and ex-service personnel, for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the Commissioner on the basis of the Commissioner's reports to the United States secretary of labor; by (B) The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of such 13 week period. (5) 'Regular benefits' means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C. Chapter 85, other than extended benefits. (6) 'State law' means the unemployment insurance law of any state approved by the United States secretary of labor under Section 3304 of the Internal Revenue Code. (7) 'Suitable work' means, with respect to any individual, any work which is within such individual's capabilities, provided that, if the individual furnishes evidence satisfactory to the Commissioner that such individual's prospects for obtaining work in the customary occupation of such individual within a reasonably short period are good, the determination of whether any work is suitable work with respect to such individual shall be made in accordance with this chapter. (b) Applicability of provisions as to regular benefits to claims for and payment of extended benefits. Except when the result would be inconsistent with the other provisions of this Code section, as provided in the regulations of the Commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. To establish entitlement to extended benefits, an individual must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. The alternative computation for entitlement as required by Code Section 34-8-193 shall not apply to extended benefits. (c) Eligibility requirements for extended benefits. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the eligibility period of the individual only if the Commissioner finds that with respect to such week: (1) He or she is an 'exhaustee' as defined in paragraph (2) of subsection (a) of this Code section; and (2) He or she has satisfied the requirements of this chapter for the receipt of regular MONDAY, MARCH 30, 2009 3079 benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; provided, however, that the total extended benefits otherwise payable to an individual who has filed an interstate claim under the interstate benefit payment plan shall not exceed two weeks whenever an extended benefit period is not in effect for such week in the state where the claim is filed; provided, further, if an individual has been disqualified in his or her most recent benefit year or on his or her extended benefit claim, only those who are required to return to work and to earn additional insured wages in employment in order to terminate this disqualification and who satisfy this requirement shall be eligible to receive extended benefits; provided, further, if the benefit year of a claimant ends within an extended benefit period, the number of weeks of extended benefits that such claimant would be entitled to in that extended benefit period, but for this subsection, shall be reduced, but not below zero, by the number of weeks for which the claimant was entitled to trade readjustment allowances during such benefit year. For purposes of this subsection, the terms 'benefit year' and 'extended benefit period' shall have the same respective meanings. (d) Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in the eligibility period of such individual shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year. (e) Total extended benefit amount. Except as provided in paragraph (1) of this section, the The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (1) Fifty percent of the total amount of regular benefits which were payable to him or her under this chapter in his or her applicable benefit year; (2) Thirteen times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year; or (3) Thirty-nine times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (f) Notice as to beginning and termination of extended benefit period. Whenever an extended benefit period is to become effective in this state as a result of the state 'on' indicator or whenever an extended benefit period is to be terminated in this state as a result of the state 'off' indicator, the Commissioner shall make an appropriate announcement. (g) Computations. Computations required by paragraph (4) of subsection (a) of this Code section shall be made by the Commissioner in accordance with regulations prescribed by the United States secretary of labor. (h) Nonpayment of extended benefits for failure to seek or accept work. Notwithstanding other provisions of this Code section, payment of extended benefits under this Code section shall not be made to any individual for any week of unemployment in his or her eligibility period during which he or she fails: 3080 JOURNAL OF THE SENATE (1) To accept any offer of suitable work or fails to apply for any suitable work to which he or she was referred by the State Employment Service; or (2) To engage actively in seeking work. For the purposes of this paragraph, an individual shall be treated as actively engaged in seeking work during any week if: (A) The individual has engaged in a systematic and sustained effort to obtain work during such week; and (B) The individual provides tangible evidence to the satisfaction of the Commissioner that he or she has engaged in such an effort during such week. (i) Period of nonpayment for extended benefits. If any individual is ineligible for extended benefits for any week by reason of a failure described in paragraph (1) or (2) of subsection (h) of this Code section, the individual shall be ineligible to receive extended benefits for any week which begins during a period which: (1) Begins with the week following the week in which such failure occurs; and (2) Does not end until such individual has been employed during at least four weeks which begin after such failure and for which the total of the remuneration in insured wages for services in employment earned by the individual for being so employed is not less than the product of four multiplied by the individual's weekly benefit amount for his or her benefit year. (j) Exceptions to subsection (h) of this Code section. No individual shall be denied extended benefits under paragraph (1) of subsection (h) of this Code section for any week by reason of a failure to accept an offer of or apply for suitable work: (l) If the gross average weekly remuneration payable to such individual for the position does not exceed the sum of: (A) The individual's weekly benefit amount for such individual's benefit year; and (B) The amount, if any, of supplemental unemployment compensation benefits, as defined in Code Section 34-8-45, payable to such individual for such week; (2) If the position was not offered to such individual in writing and was not listed with the State Employment Service; (3) If such failure would not result in a denial of benefits under this chapter to the extent that such provisions are not inconsistent with paragraph (7) of subsection (a) of this Code section and the provisions of subsection (h) of this Code section which relate to individuals actively engaged in seeking work; or (4) If the position pays wages less than the higher of: (A) The minimum wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or (B) The Georgia minimum wage. (k) Referral of claimants to suitable work. A claimant for extended benefits shall be referred to any suitable work as provided for in paragraph (7) of subsection (a) of this Code section which is not excluded by subsection (j) of this Code section. (l) Effective with respect to weeks beginning in a high-unemployment period, the total extended benefit amount payable to an eligible individual with respect to the applicable benefit year shall be the least of the following amounts: (1) Eighty percent of the total amount of regular benefits that were payable to the MONDAY, MARCH 30, 2009 3081 individual pursuant to this chapter in the individual's applicable benefit year; (2) Twenty times the individual's weekly benefit amount that was payable to the individual pursuant to this chapter for a week of total unemployment in the applicable benefit year; or (3) Forty-six times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (m) For purposes of subsection (l) of this Code section, 'high-unemployment period' means a period during which an extended benefit period would be in effect if subdivision (a)(3)(B)(i)(I) of this Code section were applied by substituting '8 percent' for '6 1/2 percent.' (n) Subsections (l) and (m) of this Code section shall apply through the week ending three weeks prior to the last week for which 100 percent federal funding is authorized and provided pursuant to either Section 2005(a) of Public Law 111-5 or any extension thereof that does not impose any new condition upon receipt of such federal funding." SECTION 10. Said title is further amended by revising paragraph (5) of Code Section 34-8-85, relating to withdrawals from the Unemployment Trust Fund for expenditures under chapter, as follows: "(5) Appropriations to Department of Labor. There is authorized to be appropriated by the General Assembly to the Department of Labor any part of or all moneys credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended, and as provided in this Code section; provided, however, that notwithstanding any other provisions of this Code section to the contrary, moneys credited with respect to federal fiscal years 1999, 2000, and 2001, and moneys credited with respect to the special transfer made under Section 903(g) of said Act, shall be used solely for the administration of the unemployment insurance program in Georgia and are not subject to appropriations by the General Assembly." SECTION 11. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-17-22, relating to powers of the Georgia State Financing and Investment Commission, as follows: "(d) Powers. The commission shall have those powers set forth in the Constitution and the powers necessary and incidental thereto. In addition to such powers, the commission shall have power: (1) To have a seal and alter the same at pleasure; (2) To make contracts and to execute all instruments necessary or convenient, including contracts with any and all political subdivisions, institutions, or agencies of the state and state authorities, upon such terms and for such purposes as it deems 3082 JOURNAL OF THE SENATE advisable; and such political subdivisions, institutions, or agencies of the state and state authorities are authorized and empowered to enter into and perform such contracts; (3) To employ such other experts, agents, and employees as may be in the commission's judgment necessary to carry on properly the business of the commission; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge the same; (4) To do and perform all things necessary or convenient to carry out the powers conferred upon the commission by this article; and (5) To make reasonable regulations or adopt the standard specifications or regulations of the Department of Transportation or the state authorities, or parts thereof, for the construction, reconstruction, building, rebuilding, renovating, surfacing, resurfacing, acquiring, leasing, maintaining, repairing, removing, installing, planning, or disposing of projects for which public debt has been authorized, or for such other purposes as deemed necessary by the commission; and (6)(A) To apply for, arrange for, accept, and administer federal funds for capital outlay and construction related services and for authorization or payment of public debt. (B) Without limitation, the commission may: (i) Deposit, or arrange for, federal funds to be deposited into the State of Georgia General Obligation Debt Sinking Fund or into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund, and the fiscal officer of the state shall accept such deposits; (ii) Arrange for the disbursement of federal funds directly to trustees, paying agents, or other persons for the payment of public debt; (iii) Cooperate with any public agency, authority, or officer in applying for, accepting, and administering federal funds for public purposes mutual to the commission and any other agency, authority, or officer; (iv) Apply or arrange to participate in and take all actions the commission determines appropriate to obtain the benefits of federal programs which provide tax credits, incentives, or other inducements to the state or to holders of public debt; (v) Apply or arrange to participate in federal programs which require the allocation of funds or bonding authority among geographical areas, governmental jurisdictions and entities, or other categories, and perform such allocation unless another officer, agency, or instrumentality is explicitly authorized by state law to perform such allocation and all officers, agencies, or instrumentalities are required to provide such assistance, cooperation, and information as the commission directs related to any federal programs; and (vi) Apply or arrange to participate in any other federal program which provides benefits consistent with state law and supportive of functions of the commission. (C) The use of federal funds as part of the authorization for the issuance of general obligation debt or the issuance of guaranteed revenue debt shall be by appropriation MONDAY, MARCH 30, 2009 3083 as provided by law. The payment of federal funds into the sinking fund to pay annual debt service requirements shall be by appropriation or by direction of the commission in the absence of appropriation. The payment of federal funds into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund as part of the common reserve shall be by appropriation or by direction of the commission in the absence of appropriation. (D) The commission may delegate to the fiscal officer of the state its authority to arrange for and accept federal funds as provided in this Code section." SECTION 12. Section 9 of this Act shall become effective on July 1, 2009. The remaining sections of this Act shall become effective upon approval by the Governor or upon becoming law without such approval. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. Senators Brown of the 26th, Rogers of the 21st and Pearson of the 51st offered the following amendment #1 to the committee substitute: Amend the Senate Insurance and Labor Committee substitute to HB 581 (LC 36 1452ERS) by replacing lines 527 through 529 with the following: This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that the Commissioner of Labor may delay the implementation of Section 9 of this Act for a period of time not to extend beyond May 25, 2009, if the Commissioner of Labor determines that it is not reasonably practicable to commence implementation of such section as of the effective date. On the adoption of the amendment, there were no objections, and the Brown 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 Buckner Y Hawkins Y Heath Y Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer 3084 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 55, nays 0. HB 581, having received the requisite constitutional majority, was passed by substitute. The following resolution was taken up to consider House action thereto: SR 333. By Senators Powell of the 23rd, Tolleson of the 20th, Tarver of the 22nd, Jackson of the 24th, Hudgens of the 47th and others: A RESOLUTION honoring the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; and for other purposes. The House substitute was as follows: A RESOLUTION Honoring certain outstanding Georgia citizens and designating certain state facilities in their memory; and for other purposes. PART I. WHEREAS, the memory of the late Lamar Mobley would be well served by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; and WHEREAS, it is fitting and proper to honor the memory of the late Lamar Mobley by naming a state building after him. MONDAY, MARCH 30, 2009 3085 PART II. WHEREAS, the memory of the late Johnny McGlamery would be well served by naming the Region 5, Statesboro office of the Georgia Bureau of Investigation after him; and WHEREAS, Johnny McGlamery served the citizens of this State above and beyond the call of duty as a GBI agent and, for many years, as the Senior Inspector of the Region 5 Statesboro office of the Georgia Bureau of Investigation; and WHEREAS, it is fitting and proper to honor the memory of this outstanding and dedicated public servant by naming a state building after him. PART III. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the barn located on the Di-Lane Plantation Wildlife Management Area is hereby designated as the Lamar Mobley Memorial Barn, and the Department of Natural Resources is authorized and directed to erect or attach a sign or plaque indicating the same. BE IT FURTHER RESOLVED that the Region 5, Statesboro office of the Georgia Bureau of Investigation is hereby designated as the Johnny McGlamery Office, and the Georgia Bureau of Investigation is authorized and directed to erect or attach a sign or plaque indicating the same. 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 Natural Resources, the Board of Public Safety, the Georgia Bureau of Investigation, and the families of Lamar Mobley and Johnny McGlamery. Senator Powell of the 23rd moved that the Senate agree to the House substitute to SR 333. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate 3086 JOURNAL OF THE SENATE Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 333. The President resumed the Chair. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 20. By Senators Pearson of the 51st, Rogers of the 21st, Seabaugh of the 28th, Williams of the 19th and Mullis of the 53rd: 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 penalties; 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 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; 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 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 immigration sanctuary polices by local governmental entities; to provide for penalties; to provide for related matters; to provide MONDAY, MARCH 30, 2009 3087 an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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: "36-80-23. (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 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 individual's presence in the United States as determined by federal law. (3) 'Immigration status information' means any information, not including any information required by law to be kept confidential but otherwise 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 35-3-62. (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 elected or appointed official, supervisor or managerial employee, contractor, agent, or certified peace officer acting on behalf of or in conjunction with a local governing body. (6) 'Sanctuary policy' means any regulation, rule, policy, or practice adopted by a local governing body which prohibits or restricts local officials or employees from communicating or cooperating with federal officials or law enforcement officers with regard to reporting 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) Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding other than 3088 JOURNAL OF THE SENATE funds to provide services specified in subsection (c) of Code Section 50-36-1. (d) The Department of Community Affairs, the Department of Transportation, or any other state agency that provides funding to local governing bodies may require certification of compliance with this Code section as a condition of funding." 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 Pearson of the 51st moved that the Senate agree to the House substitute to SB 20. On the motion, a roll call was taken and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas N Thompson,C Thompson,S E Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 39, nays 12; the motion prevailed, and the Senate agreed to the House substitute to SB 20. The Calendar was resumed. HB 614. By Representatives Cooper of the 41st and 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 MONDAY, MARCH 30, 2009 3089 "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, IV, or V 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 authorize the contracting of services relating to the program; 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 Regulated Industries and Utilities Committee offered the following substitute to HB 614: 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, IV, or V controlled substances by the Georgia Drugs and Narcotics Agency; to require dispensers to submit certain information regarding the dispensing of such controlled substances; to provide for the confidentiality of submitted information except under certain circumstances; to authorize the contracting of services relating to the program; to provide for notice and information to prescribers and dispensers; to provide for the establishment of a Prescription Monitoring Program Advisory Committee; to provide for its membership, duties, and organization; to provide for the establishment of rules and regulations; to provide for penalties; to provide for limited liability; 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 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding a new article to read as follows: "ARTICLE 6 16-13-120. This article shall be known and may be cited as the 'Georgia Prescription Monitoring Program Act.' 3090 JOURNAL OF THE SENATE 16-13-121. This article is intended to improve health care quality and effectiveness by reducing abuse of controlled substances, reducing duplicative prescribing and overprescribing of controlled substances, and improving controlled substance prescribing practices with the intent of establishing an electronic data base available to dispensers and prescribers of controlled substances. 16-13-122. As used in this article, the term: (1) 'Agency' means the Georgia Drugs and Narcotics Agency. (2) 'Controlled substance' has the same meaning given such term in paragraph (4) of Code Section 16-13-21. (3) 'Dispenser' means a person that delivers a Schedule II, III, IV, or V controlled substance to the ultimate user but shall not include: (A) A licensed pharmacy of a hospital that dispenses such substances for the purpose of inpatient or outpatient hospital care, a licensed pharmacy of a hospital or retail pharmacy of a hospital that dispenses prescriptions for controlled substances at the time of dismissal or discharge from such a facility, or a licensed pharmacy of a hospital or retail pharmacy of a hospital that dispenses or administers such substances for long-term care patients or inpatient hospice facilities; (B) An institutional pharmacy that serves only a health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides inpatient care and which pharmacy dispenses such substances to be administered and used by a patient on the premises of the facility; (C) A practitioner or other authorized person who administers such a substance; (D) A pharmacy operated by, on behalf of, or under contract with the Department of Corrections for the sole and exclusive purpose of providing 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 (E) A licensed veterinarian. A clinic or other health care facility may apply to the agency for an exemption to be excluded from the definition of this term for purposes of compliance with this article if compliance would impose an undue hardship on such facility. The agency, in consultation with the Composite State Board of Medical Examiners and the Georgia State Board of Pharmacy, shall provide guidelines and criteria for what constitutes an undue hardship which shall include criteria relating to the amount of indigent patients served and the lack of electronic capability of the facility. (4) 'Patient' means the person or animal who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed. (5) 'Prescriber' means a physician, dentist, optometrist, podiatrist, or other person MONDAY, MARCH 30, 2009 3091 licensed, registered, or otherwise authorized under the laws of this state to prescribe, distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state. This term shall not include a licensed veterinarian. (6) 'Schedule II, III, IV, or V controlled substance' means a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance under Code Section 16-13-26, 16-13-27, 16-13-28, or 16-13-29, respectively, or under the Federal Controlled Substances Act, 21 U.S.C. Section 812. 16-13-123. (a) The agency may apply for available grants and accept any gifts, grants, or donations to assist in developing and maintaining the program established by this article. (b) The agency shall be authorized to grant funds to dispensers for the purpose of covering costs for dedicated equipment and software for dispensers to use in complying with the reporting requirements of this article. Such grants shall be funded by gifts, grants, donations, or other funds appropriated for the operation of the prescription monitoring program established under the provisions of Code Section 16-13-124. The agency shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received pursuant to this article. Nothing in this article shall be construed to require a dispenser or prescriber to incur costs to purchase equipment and software to comply with this article or to incur ongoing expenses in complying with this article. 16-13-124. (a) The agency, in consultation with the Composite State Board of Medical Examiners and the Georgia State Board of Pharmacy, shall establish and maintain a program for the monitoring of prescribing and dispensing of all Schedule II, III, IV, or V controlled substances. (b)(1) Except as otherwise provided for in this Code section, beginning January 1, 2011, each dispenser shall submit to the agency by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance in accordance with this subsection. (2) The information submitted for each prescription dispensed for a Schedule II, III, IV, or V controlled substance shall include, but not be limited to: (A) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility identification number; (B) Date prescription filled; (C) Prescription number; (D) Whether prescription is new or a refill; (E) National Drug Code (NDC) for drug dispensed; (F) Quantity and strength dispensed; (G) Number of days' supply of the drug; 3092 JOURNAL OF THE SENATE (H) Patient's name; (I) Patient's address; (J) Patient's date of birth; (K) Approved prescriber identification number; (L) Date prescription issued by prescriber; and (M) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the agency. (3) The agency shall not revise the information required to be submitted by dispensers pursuant to paragraph (2) of this subsection more frequently than annually. Any such change to the required information shall neither be effective nor be applicable to dispensers until six months after the adoption of such changes. (c) Each dispenser shall weekly submit the information required in subsection (b) of this Code section in accordance with transmission methods and requirements established by the agency and shall report, at a minimum, prescriptions dispensed up to the day prior to data submission. (d) Dispensers who do not have the technical capabilities to comply with this article shall not be required to submit prescription information prior to July 1, 2011. (e) Beginning July 1, 2011, the agency may issue a waiver to a dispenser that is unable to submit required prescription information by electronic means acceptable to the agency. Such waiver may permit the dispenser to submit required prescription information by paper form or other means, provided that all information required in subsection (b) of this Code section is submitted in this alternative format subject to the frequency requirements of subsection (c) of this Code section. Requests for waivers shall be submitted in writing. 16-13-125. (a) Required prescription information submitted to the agency shall be confidential and shall not be subject to open records requirements, as contained in Article 4 of Chapter 18 of Title 50, except as provided in subsections (c) and (d) of this Code section. (b) The agency shall establish and maintain strict procedures to ensure that the privacy and confidentiality of patients and prescribers and patient and prescriber information collected, recorded, transmitted, and maintained pursuant to this article are protected, including verification of the identity of a recipient of information pursuant to this Code section. Such information shall not be disclosed to persons except as otherwise provided in this article and only in a manner which in no way would conflict with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. This may include, but not be limited to, restricting access only to those individuals and entities which clearly demonstrate a need to know such information. (c) The agency shall review the required prescription information and if there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, the agency shall notify the appropriate law enforcement or professional licensing, certification, or regulatory board or entity and shall provide prescription MONDAY, MARCH 30, 2009 3093 information to such board or entity which may be necessary for an investigation. In no event shall the agency be authorized to analyze prescription information of any individual patient or physician unless there is reasonable cause to believe that an impropriety may have occurred. (d) The agency shall be authorized to provide data collected pursuant to this article to the following persons or under the following circumstances: (1) Persons authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for their patients; (2) Upon the request of a person about whom the information requested concerns or upon the request on his or her behalf by his or her attorney; (3) The Composite State Board of Medical Examiners, Georgia State Board of Pharmacy, or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances but only as to the practitioners of such board; (4) Local, state, and federal law enforcement, regulatory, or prosecutorial officials engaged in the administration, investigation, or enforcement of the laws governing licit drugs and who are involved in a bona fide, specific drug related investigation involving a designated case; (5) Upon the lawful order of a court of competent jurisdiction; and (6) Personnel of the agency for purposes of administration and enforcement of this article, Article 2 of this chapter, the 'Georgia Controlled Substances Act,' or any other applicable state law. (e) The agency may provide data to public or private entities for statistical, research, or educational purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers. (f) The agency may provide data to a prescription monitoring program of another state if the confidentiality, security, and privacy standards of the requesting state are determined by the agency to be equivalent to those of the agency. (g) Any person who receives data or reports relating to this article from the agency shall not provide such data or reports to any other person except by order of a court of competent jurisdiction or as otherwise permitted pursuant to this article. (h) Prescription information submitted pursuant to this article shall be purged from the data base five years after the prescription was dispensed. (i) Any permissible user identified in this article who directly accesses data electronically shall implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards that are appropriate to the user's size and complexity and to the sensitivity of the personal information obtained. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, or other compromise of the information and shall assess the sufficiency of any safeguards in place to control the risks. 3094 JOURNAL OF THE SENATE 16-13-126. The agency shall be authorized to contract with another state agency or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program established pursuant to this article. Any contractor shall be bound to comply with the provisions regarding confidentiality of prescription information in Code Section 16-13-125 and shall be subject to the penalties specified in Code Section 16-13130 for unlawful acts. 16-13-127. The agency shall provide notice and information to all prescribers and dispensers in this state as to the intent of this article, the program established pursuant to this article, and instructions on how to submit prescription information to the agency via electronic means. 16-13-128. (a) There is established a Prescription Monitoring Program Advisory Committee for the purposes of consulting with and advising the agency on matters related to the establishment, maintenance, and operation of the prescription monitoring program established pursuant to this article. This shall include, but not be limited to, data collection, regulation of access to data, evaluation of data to identify benefits and outcomes of the program, communication to prescribers and dispensers as to the intent of the program and how to use the data base, and security of data collected. (b) The advisory committee shall consist of: (1) A representative from the Composite State Board of Medical Examiners; (2) A representative from the Georgia State Board of Pharmacy; (3) A representative from the Georgia Board of Dentistry; (4) A board certified oncologist appointed by the agency; (5) A physician certified in pain management appointed by the agency; (6) A representative from a licensed hospice appointed by the agency; (7) An addictive disorders specialist appointed by the agency; (8) A representative from the Division of Public Health of the Department of Human Resources; (9) A consumer member; (10) A representative from the State Board of Optometry; and (11) A board certified physician who is a dispenser. Each member of the advisory committee shall serve a two-year term and until the appointment and qualification of such member's successor. (c) The advisory committee shall elect a chairperson and vice chairperson from among its membership to serve a term of one year. (d) The advisory committee shall meet at the call of the chairperson or upon request by at least three of the members and shall meet at least one time per year. A majority of the committee shall constitute a quorum. (e) The members shall receive no compensation or reimbursement of expenses from the state for their services as members of the advisory committee. MONDAY, MARCH 30, 2009 3095 16-13-129. The agency shall promulgate rules and regulations setting forth the procedures and methods for implementing this article. Nothing in this article shall be construed to authorize the agency to establish rules or regulations which limit, revise, or expand or purport to limit, revise, or expand any prescription or dispensing authority of any prescriber or dispenser subject to this article. 16-13-130. (a) A dispenser who willfully and intentionally fails to submit prescription monitoring information to the agency as required by this article or willfully and intentionally submits incorrect prescription information shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both. (b) An individual authorized to have prescription monitoring information pursuant to this article who willfully and intentionally discloses such information in violation of this article shall be guilty of a felony and punished by imprisonment for a period not to exceed ten years or a fine not to exceed $10,000.00, or both. (c) An individual authorized to have prescription monitoring information pursuant to this article who willfully and intentionally uses such information in a manner or for a purpose in violation of this article shall be guilty of a felony and punished by imprisonment for a period not to exceed ten years or a fine not to exceed $10,000.00, or both. (d) The penalties provided by this Code section are intended to be cumulative of other penalties which may be applicable and are not intended to repeal such other penalties. 16-13-131. Nothing in this article shall require a dispenser or prescriber to obtain information about a patient from the prescription monitoring program established pursuant to this article. A dispenser or prescriber shall not have a duty and shall not be held liable for damages to any person in any civil, criminal, or administrative action for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek or obtain information from the prescription monitoring program. A dispenser or prescriber acting in good faith shall be immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for requesting or receiving information from the prescription monitoring program." 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. 3096 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 N Balfour N Brown Y Buckner N Bulloch Y Butler N Butterworth N Chance N Chapman N Cowsert Y Crosby N Douglas N Fort Y Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens N Jackson,L N Jackson,W N Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock N Pearson N Powell N Ramsey N Reed N Rogers N Seabaugh N Seay Y Shafer Y Sims N Smith N Staton Y Stoner N Tarver N Tate Y Thomas N Thompson,C Thompson,S E Tolleson Y Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 25, nays 29. HB 614, having failed to receive the requisite constitutional majority, was lost. HB 662. By Representatives Chambers of the 81st and Martin of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create the Capitol Police Division; to provide for personnel and duties; to provide for funding; to provide for the off-duty use of official vehicles; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to define a certain term; to provide for duties of certain employees of the Department of Public Safety; to repeal certain security duties of janitors and watchmen in public buildings; to make certain provisions relative to denying entrance to the capitol and other public property; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th. MONDAY, MARCH 30, 2009 3097 The report of the committee, which was favorable to the passage of the bill, 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 Buckner Y Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 53, nays 1. HB 662, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Douglas of the 17th Staton of the 18th HB 667. By Representative Allison of the 8th: A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. 3098 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: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith E Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 1. HB 667, having received the requisite constitutional majority, was passed. HR 338. By Representatives Smith of the 70th, Parsons of the 42nd, May of the 111th, Anderson of the 117th, Drenner of the 86th and others: A RESOLUTION expressing the support of the General Assembly for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this state's economy and energy independence while respecting the natural environment and protecting it for future generations; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. MONDAY, MARCH 30, 2009 3099 On the adoption of the resolution, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby E 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith E Staton Y Stoner N Tarver N Tate Y Thomas Y Thompson,C Thompson,S E Tolleson Y Unterman Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 44, nays 3. HR 338, having received the requisite constitutional majority, was adopted. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 565 until 9:00 a.m. Wednesday, April 1, 2009; the motion prevailed, and at 9:27 p.m. the President announced the Senate adjourned. 3100 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, April 1, 2009 Thirty-ninth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by Senator Tommie Williams, President Pro Tempore. 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 Senate legislation was introduced, read the first time and referred to committee: SB 287. By Senators Hill of the 32nd and Murphy of the 27th: 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 that, when a person reports that his or her instructional permit or driver's license has been stolen or forged, the department shall issue a replacement permit or license with a new number; to provide that the number of the stolen or forged license shall be either removed from the data base of valid permits and licenses or the number in the data base shall be marked as having been reported stolen or forged and no longer valid; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 288. By Senators Tate of the 38th, Stoner of the 6th, Sims of the 12th, Chance of the 16th, Staton of the 18th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits of the Teachers Retirement System of Georgia, so as to change the benefit formula for the Teachers Retirement System of Georgia from 2 percent to 2.5 percent; to change the maximum number of years of service used in such calculation; to provide a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. WEDNESDAY, APRIL 1, 2009 3101 SR 736. By Senators Shafer of the 48th, Mullis of the 53rd, Thomas of the 54th, Hooks of the 14th and Tolleson of the 20th: A RESOLUTION creating the Senate Telecommunications Comprehensive Reform Study Committee; and for other purposes. Referred to the Regulated Industries and Utilities Committee. The following House legislation was read the first time and referred to committee: HB 813. By Representative Howard of the 121st: 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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications 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. HR 583. By Representatives England of the 108th, McCall of the 30th, Maddox of the 172nd, Collins of the 27th, James of the 135th and others: A RESOLUTION requesting that Congress oppose federal legislation that interferes with a state's ability to direct the transport or processing of horses; and for other purposes. Referred to the Agriculture and Consumer Affairs 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: Governor's Appointments Do pass Respectfully submitted, Senator Balfour of the 9th District, Chairman 3102 JOURNAL OF THE SENATE 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 502 HB 539 HB 557 HB 561 HB 562 HB 624 HB 652 HB 653 HB 654 HB 686 HB 690 HB 695 HB 706 HB 718 HB 720 HB 722 HB 725 HB 765 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 766 HB 781 HB 786 HB 791 HB 794 HB 795 HB 796 HB 797 HB 801 HB 802 HB 803 HB 806 HB 808 HB 810 HB 816 SB 277 SB 279 Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman Senator Wiles of the 37th 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 Fort of the 39th introduced the chaplain of the day, Reverend Kathy Morris of Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 707. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Mr. William Herndon; and for other purposes. WEDNESDAY, APRIL 1, 2009 3103 SR 709. By Senator Powell of the 23rd: A RESOLUTION recognizing and commending Mrs. Naomi Ruth Barber King; and for other purposes. SR 710. By Senators Buckner of the 44th, Seay of the 34th, Jones of the 10th and Douglas of the 17th: A RESOLUTION recognizing and commending the Lemon family and the W.D. Lemon & Sons Funeral Home on 50 years of dedicated service; and for other purposes. SR 711. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes. SR 712. By Senators Rogers of the 21st and Brown of the 26th: A RESOLUTION commending the Honorable Don Balfour; and for other purposes. SR 713. By Senators Thomas of the 54th, Goggans of the 7th, Hawkins of the 49th, Jackson of the 24th, Hill of the 4th and others: A RESOLUTION recognizing and commending Dr. Daniel W. Rahn; and for other purposes. SR 714. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Reverend Dr. J. H. Flakes, Jr.; and for other purposes. SR 715. By Senator Harbison of the 15th: A RESOLUTION honoring the life and memory of Mr. Benjamin Charles Reese; and for other purposes. SR 716. By Senator Heath of the 31st: A RESOLUTION recognizing and commending Trey Travis; and for other purposes. 3104 JOURNAL OF THE SENATE SR 717. By Senator Heath of the 31st: A RESOLUTION recognizing and commending Alex Eriquezzo; and for other purposes. SR 718. By Senator Heath of the 31st: A RESOLUTION recognizing and commending Jeff Drever; and for other purposes. SR 719. By Senator Heath of the 31st: A RESOLUTION recognizing and commending Zach Young; and for other purposes. SR 720. By Senator Heath of the 31st: A RESOLUTION recognizing and commending T.J. Bell; and for other purposes. SR 721. By Senator Heath of the 31st: A RESOLUTION congratulating the Bremen High School wrestling team on winning the 2009 State Championship; and for other purposes. SR 722. By Senator Chapman of the 3rd: A RESOLUTION honoring and celebrating the 82nd birthday of Mrs. Willie Mae "Kat" Vick Woods; and for other purposes. SR 723. By Senator Chapman of the 3rd: A RESOLUTION recognizing and commending Mr. Michael Evanick; and for other purposes. SR 724. By Senator Chapman of the 3rd: A RESOLUTION recognizing and commending Mr. Donald Phillips and the Phillips family; and for other purposes. SR 725. By Senator Chapman of the 3rd: A RESOLUTION recognizing and commending Mr. Al Daniels; and for other purposes. WEDNESDAY, APRIL 1, 2009 3105 SR 726. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the A.R. Johnson School participants of the 2008-2009 Youth Leadership Richmond County program; and for other purposes. SR 727. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the Augusta Preparatory Day School participants of the 2008-2009 Youth Leadership Richmond County program; and for other purposes. SR 728. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the Cross Creek High School participants of the 2008-2009 Youth Leadership Richmond County program; and for other purposes. SR 729. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending the Academy of Richmond County participants of the 2008-2009 Youth Leadership Richmond County program; and for other purposes. SR 730. By Senator Tarver of the 22nd: A RESOLUTION recognizing the Charles H. Evans Community Center at Wood Park; and for other purposes. SR 731. By Senators Mullis of the 53rd and Thomas of the 54th: A RESOLUTION recognizing and commending Mr. Ron Gracy; and for other purposes. SR 732. By Senators Mullis of the 53rd and Thomas of the 54th: A RESOLUTION recognizing and commending Mr. Bill Clark; and for other purposes. SR 733. By Senators Mullis of the 53rd and Thomas of the 54th: A RESOLUTION recognizing and commending Mr. Jim Emberson; and for other purposes. 3106 JOURNAL OF THE SENATE SR 734. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Jedidiah Sturgis; and for other purposes. SR 735. By Senators Chance of the 16th, Bulloch of the 11th and Douglas of the 17th: A RESOLUTION commending Mr. Keith Lassiter on the occasion of his retirement; and for other purposes. SR 737. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Ms. Sarah Moore; and for other purposes. SR 738. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Mr. David Young; and for other purposes. SR 739. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Mr. Mike Dawson; and for other purposes. SR 740. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Mr. Ben Brandon; and for other purposes. SR 741. By Senator Mullis of the 53rd: A RESOLUTION commending and honoring Willie A. Haslerig, outstanding Georgia citizen; and for other purposes. SR 742. By Senator Pearson of the 51st: A RESOLUTION recognizing Georgia's Visitor Information Centers Program; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Buckner of the 44th Thompson of the 33rd Hooks of the 14th Tolleson of the 20th Murphy of the 27th WEDNESDAY, APRIL 1, 2009 3107 Senator Hamrick of the 30th recognized Georgia's Internet Crimes Against Children Task Force, commended by SR 310, adopted previously. Vernon Keenan, GBI Director, addressed the Senate briefly. The following legislation, favorably reported by the committees, as listed on the Consent Calendar Expressing the Will of the Senate, was put upon its adoption: CONSENT CALENDAR EXPRESSING THE WILL OF THE SENATE WEDNESDAY, APRIL 1, 2009 THIRTY-NINTH LEGISLATIVE DAY SR 156 Freedom of Choice Act; opposing (H&HS-48th) SR 328 Georgia Senate; urged to acknowledge a paramount right to life and need for protection of innocent human life at every stage of life (Substitute) (H&HS-53rd) SR 433 U.S. Congress; request to oppose legislative efforts to expand the reach and scope of the Clean Water Act (NR&E-20th) SR 503 U.S. Congress; urged to adopt the Fair Tax Act (FIN-48th) SR 505 U.S. Congress; urged to eliminate 24 month waiting period for participants in Social Security Disability Insurance (Substitute)(H&HS-42nd) SR 566 U.S. Congress; urged to adopt the Fair Tax Act (RULES-9th) SR 589 Congress; request legislative action to change the current definition of renewable biomass; forest lands (NR&E-20th) SR 605 U.S. Congress; a request to avoid wasteful, unnecessary and unwise projects (RULES-51st) SR 613 Appalachian Center for Higher Education at North Georgia College and State University in Dahlonega; recognize (H ED-51st) SR 619 Environmental Protection Division; natural to dissolved oxygen in Savannah Harbor; aquatic species; request to lead efforts (NR&E-2nd) SR 632 Jeffersonian Principles; affirming state's rights (Substitute)(RULES-51st) SR 649 Educational Agencies; accreditation process; adopt policies/procedures for school systems to submit necessary documentation (ED&Y-44th) 3108 JOURNAL OF THE SENATE SR 690 Transportation Department, Georgia; request to develop a state rail plan (TRANS-6th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The substitute to the following resolution was put upon its adoption: *SR 328: The Senate Health and Human Services Committee offered the following substitute to SR 328: A RESOLUTION Acknowledging a paramount right to life and the need for the protection of innocent human life at every stage of life; and for other purposes. WHEREAS, as President Ronald Reagan declared in 1988 in Presidential Proclamation 5761, America has given a great gift to the world through its recognition and protection of the inalienable rights of human beings; and the right to life belongs equally to babies in the womb, babies born handicapped, and the elderly or infirm; and WHEREAS, medical and scientific evidence increasingly affirms that children before birth shall have all the basic attributes of human personality and are in fact persons with a right to life; and WHEREAS, the Georgia Republican Party was founded on the principle that all people shall be free and equal before the law; and WHEREAS, the Republican Party has consistently advocated for the preservation and protection of life under our laws; and WHEREAS, an amendment has been proposed for this state's Constitution, and the protection of the sanctity of human life is in reality a local, state, national, and global issue. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body recognize that the right to life is paramount and the need for protection of the lives of the innocent at every stage. WEDNESDAY, APRIL 1, 2009 3109 BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to members of the public and the press. On the adoption of the substitute, the yeas were 43, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 505: The Senate Health and Human Services Committee offered the following substitute to SR 505: A RESOLUTION Urging the United States Congress to reduce the 24 month waiting period for participants in Social Security Disability Insurance; and for other purposes. WHEREAS, created in 1965, the federal medicare program provides health insurance coverage for more than 40 million Americans; and WHEREAS, although most of those enrolled in medicare are senior citizens, approximately six million enrollees under the age of 65 have qualified because of permanent and severe disability, such as spinal cord injuries, multiple sclerosis, cardiovascular disease, cancer, and other illnesses or disorders; and WHEREAS, despite the physical and financial hardships wrought by these conditions and the fact that Social Security Disability Insurance is designed for individuals with a work history who paid into the social security system before the onset of their disability, federal law mandates a 24 month waiting period from the time a disabled individual first receives Social Security Disability Insurance benefits to the time that medicare coverage begins; and WHEREAS, the Social Security Disability Insurance program itself, which is a prerequisite to medicare, delays benefits for five months while the person's disability is determined, effectively creating a 29 month waiting period for medicare; and WHEREAS, this restriction affects a significant number of Americans in need; and WHEREAS, as of January, 2002, there were approximately 1.2 million disabled individuals who qualified for Social Security Disability Insurance and were awaiting medicare coverage, many of whom were unemployed because of their disability; and 3110 JOURNAL OF THE SENATE WHEREAS, under these conditions, by the time that medicare coverage began, an estimated 77 percent of those individuals would be poor or nearly poor, 45 percent would have incomes below the federal poverty line, and close to 40 percent would be enrolled in state Medicaid programs; and WHEREAS, it has been estimated that as many as one-third of the individuals currently awaiting coverage may be uninsured and likely to incur significant medical care expenses during the two-year waiting period, often with devastating consequences; and WHEREAS, studies indicate that the uninsured are likely to delay or forego needed care, leading to worsening health and even premature death, and the American Medical Association has determined that death rates among Social Security Disability Insurance recipients are highest in the first 24 months of enrollment; and WHEREAS, reducing the 24 month waiting period not only would prevent worsening illness and disability for Social Security Disability Insurance beneficiaries, thereby reducing more costly future medical needs and potential long-term reliance on public health care programs, but could also save the Medicaid program as much as $4.3 billion at 2002 program levels, including nearly $1.8 billion in savings to states and $2.5 billion in federal savings that would help offset a substantial portion of the accompanying increase in medicare expenditures; and WHEREAS, recognizing the consequences of the waiting period to those suffering from amyotrophic lateral sclerosis, or Lou Gehrig's disease, the 106th United States Congress passed H. R. 5661 in 2000 and eliminated the requirement for enrollees diagnosed with the disease; and WHEREAS, in passing H. R. 5661, Congress acknowledged the enormous difficulties faced by those diagnosed with severe disabilities and established precedent for the exception to be extended to all the disabled on the medicare waiting list. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body respectfully urge the United States Congress to enact legislation to reduce the 24 month medicare waiting period for participants in Social Security Disability Insurance. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of the Georgia congressional delegation. On the adoption of the substitute, the yeas were 43, nays 1, and the committee substitute was adopted. WEDNESDAY, APRIL 1, 2009 3111 The substitute to the following resolution was put upon its adoption: *SR 632: The Senate Rules Committee offered the following substitute to SR 632: A RESOLUTION Affirming states' rights based on Jeffersonian principles; and for other purposes. WHEREAS, the Ninth Amendment of the United States Constitution states "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" and the Tenth Amendment states "[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body reaffirms the principles of government expressed by Thomas Jefferson in a resolution written for the Kentucky legislature in 1798 stating that the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, -- delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress; and That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory; and 3112 JOURNAL OF THE SENATE That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;" and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press": thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, all acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force; and That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power "to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States," and "to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof," goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction; and That a committee of conference and correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely WEDNESDAY, APRIL 1, 2009 3113 anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this State is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this State, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism -- free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this State does therefore call on its co-States for an expression of their sentiments on acts not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this State in considering acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, not merely as the cases made federal, (casus foederis,) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for 3114 JOURNAL OF THE SENATE providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories; and That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or person who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of the General Court. BE IT FURTHER RESOLVED that any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of the United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to: I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State. II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law. III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law. IV. Surrendering any power delegated or not delegated to any corporation or foreign government. V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press. VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; and That should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually. Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the President of the United States, each member of the United States Congress. On the adoption of the substitute, the yeas were 43, nays 1, and the committee substitute was adopted. WEDNESDAY, APRIL 1, 2009 3115 The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to. On the adoption of the legislation on the Consent Calendar Expressing the Will of the Senate, a roll call was taken, and the vote was as follows: Y Adelman Balfour Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the adoption of the legislation, the yeas were 43, nays 1. The legislation on the Consent Calendar Expressing the Will of the Senate, except SR 328, SR 505, and SR 632, having received the requisite constitutional majority, were adopted. SR 328, SR 505, and SR 632, having the requisite constitutional majority, were adopted 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 3116 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 April 1, 2009 Mr. Robert Ewing Secretary of the Senate Dear Mr. Ewing: This note is to notify you that on this date I attempted to vote "Yes" on the Consent Calendar expressing the will of the Senate, but the "No" button registered. Please be so kind to cause the Journal to reflect the foregoing. Sincerely, /s/ Ronald B. Ramsey, Sr. Senate District 43 The following legislation, favorably reported by the committees, as listed on the Senate Consent Calendar for Study Committees/Commissions, was put upon its adoption: SENATE CONSENT CALENDAR FOR STUDY COMMITTEES/COMMISSIONS WEDNESDAY, APRIL 1, 2009 THIRTY-NINTH LEGISLATIVE DAY SR 57 Georgia Vulnerable Adult Study Commission; create; membership; duties (Substitute)(H&HS-43rd) SR 83 Green Information Technology; create Senate Study Committee (Amendment) (S&T-18th) SR 140 Consolidation of Institutions of Higher Education, Senate Study Committee; create (Substitute)(H ED-10th) SR 184 Senate Study Committee on Boating Safety; create (NR&E-20th) SR 334 Health Care Transformation; create Senate Study Committee (I&L-32nd) SR 399 Georgia Nonprofit Organization and Their Governmental Partnerships; create Senate Study Committee (Substitute)(H&HS-54th) SR 456 SR 476 SR 506 SR 522 SR 579 SR 595 SR 615 SR 622 SR 627 SR 628 SR 635 SR 641 SR 642 SR 654 SR 664 WEDNESDAY, APRIL 1, 2009 3117 Blood Pressure Down Shift Program; create Senate Study Committee (H&HS-53rd) Advance Directives Assessment, Planning, and Oversight; create Senate Study Committee (H&HS-7th) Mental Health Continuum Care; create Senate Study Committee (H&HS-45th) Senate Comprehensive Development Impact Fee Study Committee; create (Substitute)(SLGO(G)-24th) Senate Biomass/Bioenergy Study Committee; create (NR&E-20th) Regional Educational Services Agencies; create Senate Study Committee (ED&Y-4th) Senate Georgia State Fire Services Study Committee; create (Substitute) (PUB SAF-53rd) Senate Dangerous Dogs Study Committee; create (AG&CA-21st) Senate Study Committee on the Merger of Georgia Technical and TwoYear Colleges; create (H ED-17th) Health Care Provider Rental Network Contract Arrangements; create Senate Study Committee (I&L-47th) Georgia Health Disparities for Asian and Pacific Islander Americans; create Senate Study Committee (H&HS-41st) Roosevelt Warm Springs Institute for Rehabilitation; create Senate Study Committee (H&HS-45th) Consolidation of Services for Crime Victims; create Senate Study Committee (H&HS-45th) Legislative Solutions for the Safe Use of Cellular Telephones In Motor Vehicles; create Senate Study Committee (PUB SAF-38th) Patient Centered Medical Home; create Senate Study Committee (Substitute)(H&HS-54th) 3118 JOURNAL OF THE SENATE SR 665 Senate Administration of Dental Benefits for Medicaid and Peachcare Study Committee; create (H&HS-54th) SR 667 Senate Retrofit of Diesel Engines Study Committee; create (NR&E-20th) SR 672 Autism; create Senate Study Committee (H&HS-25th) SR 685 Property Tax Assessments and Appeals; create Senate Study Committee (RULES-21st) SR 686 Self-sufficiency of State Museums, Parks, and Golf Courses; create Senate Study Committee (RULES-21st) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The substitute to the following resolution was put upon its adoption: *SR 57: The Senate Health and Human Services Committee offered the following substitute to SR 57: A RESOLUTION Creating the Senate Vulnerable Adult Study Committee; to provide for the membership, duties, and operation of the commission; to provide for related matters; and for other purposes. WHEREAS, the Georgia General Assembly has recognized that many citizens of this state, because of their age or because of serious and persistent mental illness, degenerative brain disorders, developmental or physical disabilities, or other similar incapacities, are in need of emergency protective placement should they become the victim of abuse, neglect, or exploitation; and WHEREAS, the lack of emergency protective placement for victims of abuse who are elderly or adults with disabilities is a nation-wide issue and was identified as a problem in Georgia as early as 1993 by a Senate study group, the Senate Elder Abuse Task Force; and WHEREAS, the Senate Elder Abuse Task Force discovered that there is an intense need WEDNESDAY, APRIL 1, 2009 3119 in Georgia to establish a comprehensive emergency alternative placement network for abused elderly citizens; and WHEREAS, the task force also found that in Georgia there are no specialized shelters that provide services for victims of elderly or disabled adult abuse who need safe shelter; and WHEREAS, the task force recommended that a resolution be introduced urging private organizations, such as civic clubs, to provide funding for emergency intervention and placement of the elderly; and WHEREAS, due to the growth of the population of those over the age of 65 and disabled adults in the past several decades, the increased need for emergency placement is reaching epic proportions; and WHEREAS, the absence of emergency placement for victims of elderly and disabled adult abuse subjects victims to the ongoing risks associated with abuse, neglect, and exploitation; and WHEREAS, it may be necessary to designate emergency beds in certain nursing facilities, to provide certain funding, and to develop policies to streamline admission procedures for temporary emergency placement of victims of elderly and disabled adult abuse in long-term care facilities with available beds; and WHEREAS, there is a need to develop emergency protective placement that allows the individual the same rights as other citizens and at the same time protect the individual from financial exploitation, abuse, neglect, and self-neglect; and WHEREAS, statistical data and information regarding the exact nature and extent of this problem needs to be presented to the General Assembly and studied so that policies, plans, and funding may be explored, developed, and studied. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Vulnerable Adult Study Committee to be composed of six members to be appointed by the President of the Senate. The President of the Senate shall designate one of the Senate members of the committee to be a 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 issues described above and recommend any actions or legislation which the committee deems necessary or appropriate, including but not limited to suggesting solutions for the creation and development of a plan for emergency placement for victims of elderly or disabled adult abuse. The committee may conduct such meetings and hearings at such places and 3120 JOURNAL OF THE SENATE 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 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. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 2009. The committee shall stand abolished on December 31, 2009. On the adoption of the substitute, the yeas were 44, nays 1, and the committee substitute was adopted. The amendment to the following resolution was put upon its adoption: *SR 83: The Senate Science and Technology Committee offered the following amendment: Amend SR 83 (LC 94 0199) by striking lines 24 through 28. On the adoption of the amendment, the yeas were 44, nays 1, and the committee amendment was adopted. The substitute to the following resolution was put upon its adoption: *SR 140: The Senate Higher Education Committee offered the following substitute to SR 140: A RESOLUTION Acknowledging the importance of Historically Black Colleges and Universities (HBCU) and creating a Senate Study Committee on Consolidation of Institutions of Higher Education; and for other purposes. WHEREAS, recent proposals calling for the Board of Regents of the University System of Georgia to merge Savannah State University with Armstrong Atlantic State University and Albany State University with Darton College have been met with public criticism and outcry; and WHEREAS, HBCUs provide an environment in which traditionally African American students thrive and have access to a high quality education; and WEDNESDAY, APRIL 1, 2009 3121 WHEREAS, HBCUs are a source of accomplishment and great pride for the community as well as the entire nation; and WHEREAS, the importance of HBCUs extends beyond the students they educate, as they contribute substantially to economic growth and continually work to improve the economic health of the neighborhoods surrounding the school; and WHEREAS, the current economic downturn has opened the discussion on merging four higher education institutions located in close proximity to each other in order to reduce administrative costs and eliminate the duplication of similar services and programs; and WHEREAS, a study of the necessity for consolidating Savannah State University with Armstrong Atlantic State University, Albany State University with Darton College, and other Georgia HBCUs with nearby counterparts and the resulting impact of such mergers would assist this body's future consideration of these issues. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on Consolidation of Institutions of Higher Education to be composed of three members of the Senate and four members of the public appointed by the President of the Senate, who shall include one member of the Georgia Legislative Black Caucus committee on education. The President of the Senate shall designate the Chairman of the Senate Committee on Higher Education 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 issues referred to above. Furthermore, the committee shall recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative 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 15, 2009. The committee shall stand abolished on December 15, 2009. On the adoption of the substitute, the yeas were 44, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: 3122 JOURNAL OF THE SENATE *SR 399: The Senate Health and Human Services Committee offered the following substitute to SR 399: A RESOLUTION Creating the Senate Study Committee on Georgia Nonprofit Organizations and Their Governmental Partnerships; and for other purposes WHEREAS, Georgia has numerous nonprofit entities providing a wide array of goods and services to Georgians; and WHEREAS, 48.2 percent of Georgia cities and 76.5 percent of Georgia counties report that they work side by side with nonprofit organizations to plan or deliver public services; and WHEREAS, 52 percent of nonreligious charitable organizations report that they work with local governments in public-private partnerships; and WHEREAS, 75 percent of the partnerships between local government and nonprofits are in the three broad areas of social, health, and human services; public safety and emergency response; or economic development; and WHEREAS, over 50 percent of the nonprofits in Georgia report an overall decline in revenues for the first quarter of 2008 of between 10 to 15 percent; operating reserves are down by an average of 30 percent; 60 percent of groups expect further declines over the next three months; 52 percent of the entities reported having less than three months of reserves left; 72 percent of nonprofits report service demands are on the increase, averaging between 10 to 60 percent with the average increase at 25 percent; and more than 50 percent report that they will not be able to provide services to the increased demand for more than three months; and WHEREAS, these facts reflect the intersection of state and local governments and the nonprofit sector and their frequent operation as partners or joint venturers; and WHEREAS, these facts also reflect the effects of the economic downturn on Georgia's nonprofit organizations similar to the loss of revenue experienced by state and local governments themselves; and WHEREAS, Georgia needs to study the impact of the economic downturn and survey Georgia nonprofit organizations on the impact of this economic crisis, not only on state and federal government budgets but also on the budgets of Georgia's nonprofit WEDNESDAY, APRIL 1, 2009 3123 organizations and their ability to provide goods and services in conjunction with governments in the areas of health, welfare, safety, and community services. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is hereby created the Senate Study Committee on Georgia Nonprofit Organizations and Their Governmental Partnerships to be composed of six members of the Senate who shall be appointed by the Lieutenant Governor. The Lieutenant Governor shall designate a member of the Senate who shall serve as chairperson of the committee. The committee shall meet at the call of the chairperson. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems as described above and associated with Georgia's nonprofit organizations and their interactions with state and local governments in Georgia and recommend any actions or legislation that the committee deems necessary or appropriate. The committee shall hear from leaders and executives from various Georgia nonprofit organizations and financial experts including various economists who research these businesses and entities. 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 allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than three days unless two additional days are authorized by the Lieutenant Governor. 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, 2009. The committee shall stand abolished on December 31, 2009. On the adoption of the substitute, the yeas were 44, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 522: The Senate State and Local Governmental Operations Committee offered the following substitute to SR 522: A RESOLUTION Creating the Senate Comprehensive Development Impact Fee Study Committee; and for other purposes. 3124 JOURNAL OF THE SENATE WHEREAS, current Georgia laws applicable to the process of the calculation, adoption, implementation, and expenditure of development impact fees affect not only many businesses and industries but also many residents of this state, and the fair and equitable application of these provisions is important to many Georgia citizens; and WHEREAS, there has not been in the past decade or longer a formal or comprehensive study of development impact fees in Georgia for the purpose of making consistent and equitable recommendations for changes to these statutory provisions; and WHEREAS, these laws and subsequent consequences form an essential part of the foundation for real estate and construction industries in this state; and WHEREAS, many questions and concerns have been raised by these industries related to the application of Chapter 71 of Title 36, the "Georgia Development Impact Fee Act," and mandate a close reexamination of Georgia's laws regarding same; and WHEREAS, Georgia's economy generally and the real estate and construction markets specifically have been negatively impacted by the continued application of outdated and inequitable impact fee provisions; and WHEREAS, in light of the above, it is now time to closely scrutinize and improve Georgia's laws concerning development impact fees. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Comprehensive Development Impact Fee 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 chairperson of the committee is authorized to appoint an advisory committee to inform and assist the committee members. The members of such advisory committee shall serve without compensation or reimbursement of expenses and may include representatives from the following entities: Mortgage Brokers Association of Georgia, Council for Quality Growth, Home Builders Association of Georgia, Georgia Apartment Association, Georgia Manufactured Housing Association, Greater Atlanta Home Builders Association, Associated Builders and Contractors Association of Georgia, Georgia Associated General Contractors, Mortgage Bankers Association of Georgia, Georgia Association of Realtors, Georgia Municipal Association, Georgia Planning Association, and Association of County Commissioners of Georgia. BE IT FURTHER RESOLVED that the study committee may conduct such meetings at such times and in such places as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the WEDNESDAY, APRIL 1, 2009 3125 objectives and purposes for this resolution. The legislative members of the study committee shall receive the allowances authorized for legislative members of interim 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 funds appropriated to the Senate. In the event the study committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made before December 31, 2009. The study committee shall stand abolished on December 31, 2009. On the adoption of the substitute, the yeas were 44, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 615: The Senate Public Safety Committee offered the following substitute to SR 615: A RESOLUTION Creating the Senate Georgia State Fire Services Study Committee; and for other purposes. WHEREAS, several state agencies, councils, and departments play a key role in this state's fire safety system, and together, they help protect the citizens of the State of Georgia from dangerous fire hazards; and WHEREAS, such fire service entities provide an essential government function for the safety and welfare of Georgia residents by administering and regulating safety codes and standards, implementing training programs, as well as providing important emergency rescue services; and WHEREAS, the current system for administering such fire services spreads these functions over a variety of state agencies and departments which may limit communication between the entities, duplicate administrative services, and may not be the best utilization of this state's valuable and limited fire safety resources; and WHEREAS, combining state fire services may help to eliminate confusion, create consistencies, and avoid delays in the administration of services, preserve state resources and funds, and better provide training and education for fire officials and the public. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Georgia State Fire Services Study Committee to be composed of five members of 3126 JOURNAL OF THE SENATE the Senate, to be appointed by the President of the Senate and it is recommended that at least one appointed member shall be a member or the chairperson of the Senate Public Safety Committee. The President of the Senate shall designate a committee member from the Senate who shall serve as chairperson of the committee. The committee shall meet at the call of the chairperson. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2009. The committee shall stand abolished on December 31, 2009. On the adoption of the substitute, the yeas were 44, nays 1, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 664: The Senate Health and Human Services Committee offered the following substitute to SR 664: A RESOLUTION Acknowledging the importance of a comprehensive approach to providing patient centered care and creating the Senate Study Committee on the Patient Centered Medical Home; and for other purposes. WHEREAS, medical homes will provide patient centered care that is accessible, continuous, and coordinated with a focus on maintaining a healthy lifestyle for patients with preventive and ongoing health services; and WHEREAS, the primary care provided at medical homes would be respectful of, and responsive to, individual patient preferences, needs, and values; and WEDNESDAY, APRIL 1, 2009 3127 WHEREAS, physicians practicing in medical homes would target eligible individuals for program participation and be responsible for providing safe and secure technology to promote patient access to personal health information, developing a health assessment tool for the targeted individuals, and providing training for personnel involved in the coordination of care; and WHEREAS, personal physicians in medical homes would be eligible for case management fees and incentive payments for providing "medical home" services; and WHEREAS, personal physicians who provide first contact and continuous care for their patients shall be board certified and must have a staff and the resources to manage the comprehensive and coordinated care of each of their patients; and WHEREAS, participating physicians may be specialists or subspecialists for patients requiring ongoing care for specific conditions, multiple chronic conditions, or for those with a prolonged illness; and WHEREAS, personal physicians would be responsible for providing ongoing support, oversight, and guidance to implement an integrated, coherent, cross-discipline plan of care developed in partnership with patients and any of their other medical providers; and WHEREAS, physicians in medical homes would be required to use evidence based medicine and clinical decision support tools to guide their decision making to patientspecific symptoms; and WHEREAS, the use of health information technology would be required of physicians in medical homes, and patients would be encouraged to engage in management of their own health through education and support systems; and WHEREAS, the evaluation of the patient centered medical home would be based on patient satisfaction, provider satisfaction, clinical process and outcome measures, program costs and savings, and economic impact on health care providers; and WHEREAS, evaluation would be on the extent to which the medical home coordinated health care services, provided safe and high-quality care, encouraged long-term patient and provider relationships, engaged and educated consumers, and encouraged innovation in payment methodologies. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on the Patient Centered Medical Home to be composed of seven members to be appointed by the President of the Senate. Three shall be members of the Senate and four shall be members of the public who shall include one member of the Georgia Academy of Family Physicians, one member from the Georgia Chapter of the 3128 JOURNAL OF THE SENATE American Academy of Pediatrics, one member from the Georgia Chapter of the American College of Physicians, and one member from the Georgia Osteopathic Medical Association. The President of the Senate shall designate the Chairperson of the Senate Health and Human Services Committee as chairperson of the committee. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and the availability and affordability of orally administered and intravenously and injected medications used to treat cancer and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than 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, 2009. The committee shall stand abolished on December 31, 2009. On the adoption of the substitute, the yeas were 44, 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 Study Committees/Commissions, a roll call was taken, and the vote was as follows: Y Adelman Balfour Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Chapman Y Cowsert Y Crosby Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas WEDNESDAY, APRIL 1, 2009 3129 Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp N Moody Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the adoption of the legislation, the yeas were 44, nays 1. The legislation on the Senate Consent Calendar for Study Committees/Commissions, except SR 57, SR 83, SR 140, SR 399, SR 522, SR 615, and SR 664, having received the requisite constitutional majority, were adopted. SR 57, SR 140, SR 399, SR 522, SR 615, and SR 664, having received the requisite constitutional majority, were adopted by substitute. SR 83, having received the requisite constitutional majority, was adopted as amended. Senator Seabaugh of the 28th introduced the doctor of the day, Dr. Beth Demers. 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 1, 2009 Thirty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 277 Seabaugh of the 28th Harp of the 29th MAGISTRATE COURT OF TROUP COUNTY A BILL to be entitled an Act to provide that the chief magistrate of the Magistrate Court of Troup County shall be a full-time position; to provide for the compensation and qualifications for such chief magistrate; to repeal a certain local Act; to provide an effective date; to repeal conflicting laws; and for other purposes. 3130 SB 279 HB 502 HB 539 HB 557 JOURNAL OF THE SENATE 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. Cowsert of the 46th Hudgens of the 47th ATHENS-CLARKE COUNTY 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, so as to provide a method for selecting the judge and personnel of the municipal court; to repeal conflicting laws; and for other purposes. (Substitute) Hamrick of the 30th Reed of the 35th DOUGLAS COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 6, 1990 (Ga. L. 1990, p. 3650), so as to provide for a residency qualification for members of the board of commissioners; to provide 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. Hudgens of the 47th Hawkins of the 49th JACKSON COUNTY AIRPORT AUTHORITY A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," approved June 30, 1964 (Ga. L. 1964, p. 2260), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4660), HB 561 HB 562 HB 624 HB 652 WEDNESDAY, APRIL 1, 2009 3131 so as to change the manner of appointment of members of the authority; to change the terms of office for such members to staggered, three-year terms of office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th PIKE COUNTY PARKS AND RECREATION AUTHORITY A BILL to be entitled an Act to amend an Act creating the Pike County Recreation Authority, approved March 18, 1986 (Ga. L. 1986, p. 4070), as amended, so as to change the name of the authority to the Pike County Parks and Recreation Authority; to clarify provisions relating to tax exemptions of the authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th PIKE COUNTY CLEAN AND BEAUTIFUL AUTHORITY A BILL to be entitled an Act to amend an Act creating the Pike Clean and Beautiful Authority, approved April 4, 1991 (Ga. L. 1991, p. 4093), as amended, so as to change certain provisions relating to the Keep Pike Beautiful Authority; to change the number of members of the authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Crosby of the 13th CITY OF ASHBURN A BILL to be entitled an Act to authorize the governing authority of the City of Ashburn to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Hamrick of the 30th Reed of the 35th DOUGLAS JUDICIAL CIRCUIT A BILL to be entitled an Act to amend an Act creating the Douglas 3132 HB 653 HB 654 HB 686 JOURNAL OF THE SENATE Judicial Circuit, approved March 20, 1080 (Ga. L. 1980, p. 563), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 412), so as to change the amount of the annual supplement paid to the superior court judges from funds of Douglas County; to authorize the governing authority to increase such amount; to provide an effective date; to repeal a specific law; 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 amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, p. 3768), so as to change the compensation of the coroner; to set the compensation of deputy coroners; to provide for the board to increase the compensation of the coroner and any deputy coroners; to provide for approval of contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes. 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), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3847), so as to temporarily delay the addition of a second 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 the compensation and expenses of said additional judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Crosby of the 13th WORTH COUNTY A BILL to be entitled an Act to create a board of elections and HB 690 HB 695 HB 706 WEDNESDAY, APRIL 1, 2009 3133 registration for Worth 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 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. Seabaugh of the 28th TOWN OF ROOPVILLE IN THE COUNTY OF CARROLL A BILL to be entitled an Act to amend an Act to incorporate the Town of Roopville in the County of Carroll, approved October 7, 1885 (Ga. L. 1884-5, p. 391), as amended, so as to repeal certain provisions relating to the sale of liquors within the corporate limits of said town; to provide for related matters; to repeal conflicting laws; and for other purposes. Mullis of the 53rd Thomas of the 54th CATOOSA COUNTY PUBLIC WORKS AUTHORITY A BILL to be entitled an Act to amend an Act to create the Catoosa County Public Works Authority, approved April 10, 1998 (Ga. L. 1998, p. 4302), as amended, particularly by an Act approved May 1, 2000 (Ga. L. 2000, p. 4585), so as to change the composition of the authority; to change the manner of compensating such authority; to provide for terms of office, filling of vacancies, and removal from office; to provide that meetings of the authority shall be called by the Board of Commissioners of Catoosa County; to provide for related matters; to repeal conflicting laws; and for other purposes. Balfour of the 9th Unterman of the 45th CITY OF LAWRENCEVILLE A BILL to be entitled an Act to authorize the governing authority of the City of Lawrenceville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. 3134 HB 718 HB 720 HB 722 HB 725 JOURNAL OF THE SENATE 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 relating to the compensation and salary supplements of the judges of the superior court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to provide for certain employment benefits to be made available by Fulton County to said judges as a part of their compensation and salary supplement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Harp of the 29th CITY OF WEST POINT A BILL to be entitled an Act to authorize the City of West Point 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. Seay of the 34th Buckner of the 44th CLAYTON COUNTY A BILL to be entitled an Act to authorize the governing authority of Clayton County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Tolleson of the 20th JOHNSON COUNTY A BILL to be entitled an Act to amend an Act relating to the board HB 765 HB 766 HB 781 HB 786 WEDNESDAY, APRIL 1, 2009 3135 of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved March 1, 2004 (Ga. L. 2004, p. 3512), so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; 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. Chance of the 16th LAMAR COUNTY LIVESTOCK AND AGRICULTURAL EXPOSITION AUTHORITY A BILL to be entitled an Act to repeal an Act creating the Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703), as amended, so as to dissolve such authority and repeal such Act and amendments in their entirety; to repeal conflicting laws; and for other purposes. Chance of the 16th LAMAR COUNTY A BILL to be entitled an Act to abolish the office of elected county surveyor of Lamar County pursuant to Code Section 36-7-2.1 of the O.C.G.A. and provide for the appointment of a county surveyor; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Mullis of the 53rd Thomas of the 54th SUPERIOR COURT OF CATOOSA COUNTY A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to repeal conflicting laws; and for other purposes. Hill of the 4th CITY OF GUYTON A BILL to be entitled an Act to amend an Act providing a new 3136 HB 791 HB 794 HB 795 JOURNAL OF THE SENATE charter for the City of Guyton, approved May 5, 2006 (Ga. L. 2006, p. 4230), so as to change the corporate boundaries of said city; to repeal conflicting laws; and for other purposes. Hooks of the 14th ELLAVILLE-SCHLEY COUNTY CHARTER AND UNIFICATION COMMISSION A BILL to be entitled an Act to create and establish the EllavilleSchley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. (Substitute) Goggans of the 7th TOWN OF WILLACOOCHEE 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. Goggans of the 7th COUNTY OF ATKINSON 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, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 12, 2008 (Ga. L. 2008, p. 3774), so as to provide for staggered terms of office for chairperson and commissioners; to provide for implementation of such terms of office; to revise the requirements regarding the publication of receipts, expenditures, and disbursements; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 796 HB 797 HB 801 HB 802 WEDNESDAY, APRIL 1, 2009 3137 Hooks of the 14th BYRON CONVENTION AND VISITORS BUREAU AUTHORITY A BILL to be entitled an Act to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), so as to change the composition of the authority; to change the manner of appointment; to provide for terms; to provide for staff; to provide for meetings; to provide for duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Chapman of the 3rd BRANTLEY COUNTY A BILL to be entitled an Act to 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 provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes. Hawkins of the 49th GAINESVILLE REDEVELOPMENT AUTHORITY A BILL to be entitled an Act to amend an Act creating the Gainesville Redevelopment Authority, approved March 24, 1978 (Ga. L. 1978, p. 4440), so as to modify the composition and organization of the authority; to provide for related matters; 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 a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to select its mayor by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. 3138 HB 803 HB 806 HB 808 HB 810 JOURNAL OF THE SENATE Hawkins of the 49th CITY OF GAINESVILLE A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to elect its chairperson of the board of education by citywide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. Pearson of the 51st GILMER COUNTY KIDS KOTTAGE COMMISSION A BILL to be entitled an Act to amend an Act creating the Gilmer County Kids Kottage Commission, approved May 14, 2008 (Ga. L. 2008, p. 4459), so as to change the number and composition of the membership; to provide for related matters; 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 May 5, 2006 (Ga. L. 2006, p. 4216), by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4278), so as to revise the manner of selection of the members of the authority; to revise the manner of tabulating the votes for members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Douglas of the 17th CITY OF COVINGTON A BILL to be entitled an Act to authorize the governing authority of the City of Covington to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 1, 2009 3139 HB 816 Mullis of the 53rd Thomas of the 54th CITY OF RINGGOLD A BILL to be entitled an Act to provide for a new charter for the City of Ringgold; 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 an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *HB 502: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 502: 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, so as to provide a method for selecting the judge and personnel of the municipal court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, is amended by revising Section 5-106 as follows: "Section 5-106. Municipal Court of the City of Athens; Continuation of Operations in the Court of the Unified Government. 3140 JOURNAL OF THE SENATE On the effective date of this charter the operations and employees of the Municipal Court of the City of Athens shall continue as the operations and employees of a court of the Unified Government of Athens-Clarke County. The Judge of the Municipal Court of the City of Athens shall be authorized to serve as the Judge of said court. The Unified Government of Athens-Clarke County shall have the authority by ordinance to establish and define the method of selecting the Judge and other personnel necessary to operate the court, their terms of office and compensation, a schedule of fees to defray the cost of operation, and the jurisdiction and powers of said court insofar as permitted by general law and any other applicable law; provided, however, that no such fee so charged shall exceed $5.00 per case or matter before the court." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 1, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *HB 791: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 791: A BILL TO BE ENTITLED AN ACT To create and establish the Ellaville-Schley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Ellaville and the County of Schley; to provide that said commission shall be authorized to study all matters relating to the governments of the County of Schley and the City of Ellaville and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Schley County; to provide for the submission of such proposed county-wide government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 1, 2009 3141 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Ellaville-Schley County Charter and Unification Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia. SECTION 2. As used in this Act, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise: (1) "Charter and unification commission" or "commission" shall mean the EllavilleSchley County Charter and Unification Commission provided for in this Act. (2) "Governing authority of the City of Ellaville" shall mean the mayor and city council of the City of Ellaville, a municipal corporation of the State of Georgia. (3) "Governing authority of the County of Schley" shall mean the Board of Commissioners of Schley County, a political subdivision of the State of Georgia. SECTION 3. (a) There is created the Ellaville-Schley County Charter and Unification Commission, which shall consist of 9 members to be appointed within 30 days of the effective date of this Act as provided in this section. (b) The governing authority of the City of Ellaville shall appoint the mayor and two members to the charter and unification commission who shall be citizens of the City of Ellaville at the time of such appointment and for the duration of their respective terms as members of such commission. (c) The governing authority of the County of Schley shall appoint the commission chair and two members to the charter and unification commission who shall be citizens of unincorporated Schley County at the time of such appointment and for the duration of their respective terms as members of such commission. (d) The six members of the charter and unification commission provided for in subsections (b) and (c) of this section shall jointly appoint three members to the charter and unification commission who shall be citizens of Schley County at the time of such appointment and for the duration of their entire terms as members of such commission. (e) If a governing authority refuses or fails to appoint a member of the commission as required by this section, the senior superior court judge of the Southwestern Judicial Circuit shall make such appointment within ten days following the expiration of the 30 day period allowed for appointments provided for in subsection (a) of this section. (f) None of the members of said charter and unification commission shall hold any other elective public office, except the mayor and the commission chair. (g) To be eligible for appointment as a member of the charter and unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Schley County for a period of at least two years prior to his or her appointment. 3142 JOURNAL OF THE SENATE (h) If a member of the charter and unification commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable or decline to serve for any reason whatever as a member of the charter and unification commission, said commission shall declare a vacancy in his or her office as a member of such commission and within 15 days thereafter the governing authority or authorities that appointed that member shall appoint a successor promptly to fill such vacancy. (i) A certificate of appointment shall be issued by the appointing authority of each member of the charter and unification commission and filed in the office of the Probate Court of Schley County with a duplicate original of such certificate being transmitted to, and filed with, the chairperson or the secretary of the charter and unification commission. (j) A majority of the members of the charter and unification commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter and unification commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (k) The charter and unification commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter and unification commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. (l) All persons who shall, from time to time, serve as members of the charter and unification commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter and unification commission from time to time shall be afforded coverage and shall be included in the insured class, under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of the County of Schley, extending to members of such governing authority of the County of Schley, and what is commonly referred to as "public official's liability insurance coverage," to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of the County of Schley. Any and all additional premium amounts payable by the County of Schley due to the extension of such coverage to the members of the charter and unification commission and its appointees, agents, employees, and staff shall be paid, when due and payable, one-half by the County of Schley and one-half by the City of Ellaville, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. (m) The governing authority of the County of Schley, the governing authority of the City of Ellaville, and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter WEDNESDAY, APRIL 1, 2009 3143 and unification commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted. SECTION 4. (a) The charter and unification commission shall hold an organizational meeting not less than 30 days nor more than 45 days after the date this Act becomes effective. Any three or more members of the charter and unification commission, composed of at least one member appointed by the governing authority of the City of Ellaville and one member appointed by the governing authority of the County of Schley, shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held. All state laws regarding open meetings and open records shall be applicable to meetings held pursuant to this subsection. (b) The first order of business at the organizational meeting shall be the designation, by the majority vote of those members present, of a temporary chairperson to preside until a permanent chairperson is elected. The second order of business at the organizational meeting shall be the election of a permanent chairperson who shall be elected by the majority vote of all members of the charter and unification commission. (c) The charter and unification commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter and unification commission as it shall deem necessary. The charter and unification commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the government of the City of Ellaville and the County of Schley and in drafting a charter. (d) The members of the charter and unification commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Ellaville and the governing authority of the County of Schley are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. Each of the said governing authorities shall initially appropriate up to $5,000.00 for the charter and unification commission and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairperson of the charter and unification commission for amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter and unification commission, provided that such additional expenditures shall be first approved by both governing authorities. (e) The charter and unification commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. 3144 JOURNAL OF THE SENATE (f) All public officials and employees of the City of Ellaville and the County of Schley upon request shall furnish the charter and unification commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter and unification commission for it to carry out its duties, except for information that is confidential or privileged by law and shall furnish such other assistance and aid to the commission as it shall request and shall also appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees. SECTION 5. The commission shall be authorized to study all matters relating to the governments of the City of Ellaville and the County of Schley and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Schley County. The commission shall upon completion of its study issue a written report of its findings, conclusions, and recommendations. If, after conducting such study, the charter and unification commission shall deem it to be in the best interests of the governments proposed to be affected, said commission shall draft a proposed charter creating a single county-wide government, and if such charter is approved by the voters under the provisions of this Act, then the newly created county-wide government shall supersede and replace the existing governments of the City of Ellaville and the County of Schley and may also supersede and replace any public authorities and special service districts located and operating within Schley County. If the charter and unification commission does not deem it to be in the best interests of the governments proposed to be affected to recommend the establishment of a single county-wide government but concludes from its study that it is feasible to consolidate specific governmental services, programs, and activities, then the commission may issue such findings, conclusions, and recommendations in writing together with reasons why such recommendations will make government operations more efficient. SECTION 6. (a) The charter so drafted shall be submitted to the qualified voters of Schley County for approval or rejection of the referendum provided for in Section 10 of this Act. (b) The General Assembly delegates its powers to the charter and unification commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more, or a combination, of the matters listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory: (1) The charter shall provide for the abolishment of the existing governments of the City of Ellaville and the County of Schley and for the creation of a new single government which may have all powers formerly exercised by the City of Ellaville and the County of Schley and such other powers as may be necessary or desirable. WEDNESDAY, APRIL 1, 2009 3145 The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide; (2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grantsin-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs; (3) The charter may provide for the abolishment, modification, consolidation, or merger of any court unless otherwise prohibited by the Constitution or general law; (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Schley County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as said charter shall provide unless otherwise prohibited by the Constitution or general law; (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide government and the County of Schley and any public authorities or special service districts located or operating within Schley County unless otherwise prohibited by the Constitution or general law. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter and unification commission shall deem necessary for the efficient functioning of the new county-wide government; (6) The charter shall provide for the creation of the governing authority of the new single county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority; (7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto; (8) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the 3146 JOURNAL OF THE SENATE effective date of the abolishment of such government; (9) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by said charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or other similar legislation; (10) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities and special service districts which are merged with the new county-wide government or are altered by the charter; (11) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes; (12) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws; (13) The charter shall provide for the repeal of conflicting laws; and (14) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City of Ellaville and the County of Schley and the creation of a successor government. (c) The following additional provisions shall govern proceedings of the charter and unification commission and any successor county-wide government created by a charter drafted by the commission: (1) The charter and unification commission is authorized to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to the commission by the respective governing authorities; and (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Ellaville and the County of Schley and any other authorities or special service districts merged into the new government. (d) The charter and unification commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees; to compel witnesses to testify thereat; and to subpoena any person or entity and all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued WEDNESDAY, APRIL 1, 2009 3147 in the name of the commission, shall be signed by either the chairperson or the secretary of the commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited by the commission to appear before a judge of the Superior Court of Schley County. The judge of said court shall have the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court. (e) Notwithstanding any other provisions of this Act, the charter and unification commission and the charter proposed by the commission and subsequently adopted may not: (1) Alter or affect the status of the Schley County School System or the Schley County Board of Education or any provision of the Constitution or laws of the State of Georgia by which the Schley County School System is constituted, empowered, or preserved or to transfer any of its powers, duties, or obligations; (2) Impair or diminish any pension or retirement rights; (3) Abolish the office of sheriff, clerk of superior court probate judge, or tax commissioner; or (4) Create a unified government police department. (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality electing to be excluded as provided in this Act or the school district, board of education, industrial development authority, office of sheriff, clerk of superior court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act. (g) The powers granted in this Act to the charter and unification commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose. SECTION 7. (a) The charter and unification commission shall be required to hold at least two public hearings to determine the sentiment of the citizens of the City of Ellaville and the County of Schley regarding the work of the charter and unification commission. The first public hearing shall be held not less than 30 days prior to the issuance of the commission's final written report on the feasibility of establishing a single county-wide government within Schley County, and a second public hearing shall be held not less than 15 days prior to 3148 JOURNAL OF THE SENATE the submission of any proposed charter for such consolidated government to the Schley County Board of Elections. The charter and unification commission is authorized to hold more than two public hearings if it determines that additional public hearings are desirable. The charter and unification commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Schley County once a week for the two consecutive weeks preceding the week in which the public hearing is held. The charter and unification commission shall cause to be made a transcript of each public hearing held and shall file the same in its minutes and records. (b) Following issuance of the commission's final written report, the governing authorities of the City of Ellaville and the County of Schley shall each hold and conduct a public hearing to determine the sentiments of their citizens regarding the work of the charter and unification commission. Notice of such hearings shall be advertised in the same manner as required for hearings held by the charter and unification commission. Representatives of the charter and unification commission shall be invited to present the final report to said governing authorities. SECTION 8. (a) The charter and unification commission shall complete its studies and shall prepare, complete, and file any proposed charter no later than December 31, 2009; provided, however, that the above-described time period may be extended for such additional periods of time as may be authorized by a resolution duly adopted by the governing authority of the City of Ellaville and by a similar resolution being duly adopted by the governing authority of the County of Schley and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts. (b) Certified copies of the charter shall be filed by the charter and unification commission with the clerks of the governing authorities of the City of Ellaville and the County of Schley and shall be authenticated by the signature of the chairperson of the charter and unification commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter and unification commission shall also make available a copy of the charter to every daily or weekly newspaper published in Schley County and to each radio or television station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter and unification commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter and unification commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter and unification WEDNESDAY, APRIL 1, 2009 3149 commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter and unification commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter and unification commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter and unification commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval. SECTION 9. (a) A certified copy of the proposed charter shall be submitted by the commission to the election superintendent of Schley County, and it shall be the duty of such superintendent to call and hold a referendum election for ratification or rejection of the proposed charter as provided in Section 10 of this Act. (b) The charter and unification commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effective pursuant to the laws of the State of Georgia. SECTION 10. (a) As soon as practicable after receipt of the certified copy of the proposed charter and after receipt of preclearance, or the usual notice of no current objections, by the United States Department of Justice of such proposed charter, it shall be the duty of the election superintendent of Schley County to call a special election for approval or rejection of the proposed charter. The election superintendent shall set the date of the election for the earliest date therefor permissible under general law after the filing of any proposed charter as provided for in Section 8 of this Act. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Schley County. The ballot shall have written or printed thereon the following: "( ) YES Shall the charter reorganizing and consolidating the governments of the City of Ellaville and the County of Schley and creating a single county- ( ) NO wide government to supersede and replace those governments be approved?" (b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." The votes cast on such question by the qualified voters of Schley County residing within the corporate limits of the City of Ellaville and the votes cast on such question by the qualified voters of Schley County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Schley County residing within the corporate limits of the City of Ellaville are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both the incorporated and unincorporated areas of 3150 JOURNAL OF THE SENATE Schley County are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Ellaville and the County of Schley. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this Act. (d) A qualified voter, as used in this Act, shall mean a voter of Schley County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his or her proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the secretary or clerk of the governing authority of the City of Ellaville, who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of the County of Schley, who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the consolidation of the governments of the City of Ellaville and the County of Schley has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the secretary of the governing authority of the City of Ellaville and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of the County of Schley shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him or her, and copies so certified by him or her shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. SECTION 11. In the event the proposed single county-wide government charter is approved by voters as provided in Section 10 of this Act, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the countywide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Ellaville and the County of Schley shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government. SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. WEDNESDAY, APRIL 1, 2009 3151 SECTION 13. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 1, 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 Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis E Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the local bills, the yeas were 47, nays 1. The bills on the Local Consent Calendar, except HB 502 and HB 791, having received the requisite constitutional majority, were passed. HB 502 and HB 791, having received the requisite constitutional majority, were passed by substitute. The following communication was received by the Secretary: 3152 JOURNAL OF THE SENATE 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 The State Senate Atlanta, Georgia 30334 To: Secretary of the Senate 4/1/09 Please change my vote on Senate Local Consent Calendar to record me as a Yes on 39th Legislative Day, April 1, 2009. My "No" vote was inadvertent and in error. Thank you, /s/ Sen. Nan Orrock The President assumed the Chair. SENATE RULES CALENDAR WEDNESDAY, APRIL 1, 2009 THIRTY-NINTH LEGISLATIVE DAY HB 16 HB 56 HB 63 HB 64 Electronic tracking device; location of person without consent; prohibit (Substitute)(S JUDY-30th) Levitas-82nd Sales and use tax; renegotiation of distribution certificates; change certain provisions (Substitute)(FIN-21st) Willard-49th Local government; redevelopment and issuance of certain bonds and obligations; change certain provisions (Substitute)(FIN-9th) Ehrhart-36th Death certificate filings; cause and circumstances of death; provisions (Substitute) (H&HS-52nd) Sims-169th HB 69 HB 86 HB 101 HB 119 HB 120 HB 141 HB 2 HB 147 HB 169 HB 173 HB 184 HB 186 HB 189 HB 217 HB 221 WEDNESDAY, APRIL 1, 2009 3153 Cardiopulmonary resuscitation; nonresuscitation; provide (Substitute) (H&HS-52nd) Jerguson-22nd Elections; absentee ballots; provide (ETHICS-17th) Millar-79th Advertising; transit agencies' vehicles and facilities; limit prohibitions (Substitute) (TRANS-53rd) Hamilton-23rd General appropriations; State Fiscal Year July 1, 2009 - June 30, 2010 (Substitute) (APPROP-4th) Richardson-19th Sales and use tax exemption; certain school supplies; energy efficient products; provide (FIN-21st) Smith-70th Financial institutions; update definitions; provisions (B&FI-15th) Mills-25th Grants; recipients comply with certain provisions; require (Substitute) (PUB SAF-21st) Rice-51st Bonds or recognizances; forfeiture; relieve surety from liability (JUDY-37th) Talton-145th Natural Resources, Department of; proposed new or revised flood elevations; require notice (Substitute)(NR&E-20th) Carter-159th Illegal or void contracts; partial restraint of trade; repeal (S JUDY-32nd) Levitas-82nd Marriage license; sickle cell disease information; provide (Substitute) (RULES-54th) Frazier-123rd Teleworking; income tax credits; provisions (FIN-21st) Martin-47th Child support; collection options; Department of Human Resources; provisions (Substitute)(JUDY-29th) Butler-18th Physicians; influenza vaccine orders; provisions (Substitute)(H&HS-46th) Pruett-144th Extraordinary writs; removal of superior court judge; provisions (JUDY-29th) Willard-49th 3154 HB 243 HB 278 HB 304 HB 310 HB 318 HB 344 HB 349 HB 371 HB 379 HB 388 HB 395 HB 406 HB 438 HB 439 HB 453 JOURNAL OF THE SENATE Elementary and secondary education; salary increase; repeal (Substitute) (ED&Y-40th) Pruett-144th Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls (Substitute)(ED&Y-40th) Ramsey-72nd County taxation; appraisers duties upon property; change certain provisions (Substitute)(FIN-20th) Porter-143rd State-wide recycling program; expand; provisions (GvtO-20th) Gardner-57th Motor vehicles; place of return for tax purposes; change certain provisions (Substitute)(FIN-51st) McCall-30th Probation; Department of Corrections; collections of additional fees; authorize (Substitute)(SI&P-25th) Davis-109th Sales and use tax exemption; new construction of civil rights museum; provide (FIN-35th) Burkhalter-50th Public Retirement Systems Investment Authority Law; increase in allowable fund investment; provisions (Substitute)(RET-35th) Ehrhart-36th Income tax; certain real estate investment trusts; disallow expenses paid; provisions (FIN-16th) O`Neal-146th The Option of Adoption Act; enact (Substitute)(JUDY-48th) Mills-25th Sales and use tax; personal property; construction of certain symphony halls; extend exemption (FIN-16th) Wilkinson-52nd Service delivery strategies; certain drinking water projects; funding limitation; provide exemption (NR&E-20th) Coan-101st Income tax; tax credits for qualified jobs and projects; comprehensive revision; provide (Substitute)(FIN-16th) O`Neal-146th Income tax; credits; business enterprises; provide (Substitute)(FIN-16th) O`Neal-146th Superior courts; sunset dates for property filing fees; change (JUDY-52nd) Anderson-117th HB 455 HB 473 HB 477 HB 483 HB 485 HB 487 HB 488 HB 492 HB 493 HB 509 HB 514 HB 528 HB 549 HB 568 WEDNESDAY, APRIL 1, 2009 3155 Elementary and secondary education; annual contracts for certified personnel; extend certain deadlines (ED&Y-54th) Neal-1st Community Affairs, Department of; grants for clean energy property; provisions (Substitute)(RI&U-48th) Harbin-118th Retirement and pensions; creditable service; application requirement; remove (RET-31st) Maxwell-17th Ad valorem tax; modernization and revisions of certain provisions; provide (Substitute)(FIN-21st) Roberts-154th Income tax; alternative credits for base year port traffic; provisions (FIN-16th) O`Neal-146th Superior Court Clerks' Retirement Fund of Georgia; employee contribution; increase (Substitute)(RET-52nd) Meadows-5th Superior Court Clerks' Retirement Fund of Georgia; eligibility criteria for creditable service; provide (RET-52nd) Meadows-5th Time-share projects and programs; private residence clubs; provide definitions (Substitute)(ECD-53rd) Neal-1st Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions (Substitute)(ED&Y-40th) Brooks-63rd Professions and businesses; regulation; change provisions (Substitute) (H&HS-49th) Cooper-41st Judicial system; assignment of senior judges; provide for provisions (Substitute) (JUDY-48th) Collins-27th Specialized land transactions; developers provide audits to homeowners; require (Substitute)(ECD-28th) McCall-30th Driver Services, Department of; information for purposes of creating juror lists; specify (Substitute)(S JUDY-37th) Ralston-7th Public Service Commission; members shall represent entire state; provisions (Substitute)(RI&U-48th) Parsons-42nd 3156 HB 575 HB 608 JOURNAL OF THE SENATE Kidnapping; change certain provisions (Substitute)(JUDY-52nd)Golick34th Time-share projects; estate shall include certain interests; provisions (JUDY-46th) Weldon-3rd HB 639 HR 161 HR 336 HB 258 HB 321 HB 480 Special license plates; protect wild dolphins in Georgia; provisions (Substitute)(FIN-48th) Dollar-45th White, Mr. John Jerome; compensate (Substitute)(APPROP-38th) Hugley-133rd CPL Jonathan Ryan Ayers Memorial Interchange; dedicate (Substitute) (TRANS-53rd) Everson-106th Driver's license; minor of disabled guardian; restricted learner's permit; provisions (Substitute)(PUB SAF-27th) Scott-153rd Insurance Delivery Enhancement Act of 2009; enact (Substitute)(I&L-47th) Davis-109th Taxation of motor vehicles; comprehensive revision; provisions (Substitute) (FIN-21st) Geisinger-48th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee Senator Rogers of the 21st asked unanimous consent that HB 16 and HB 56 be placed on the Table. The consent was granted, and HB 16 and HB 56 were placed on the Table. Senator Rogers of the 21st recognized Dr. G. P. "Bud" Peterson on becoming the President of the Georgia Institute of Technology. Dr. G. P. "Bud" Peterson addressed the Senate briefly. The following message was received from the House through Mr. Rivers, the Clerk thereof: WEDNESDAY, APRIL 1, 2009 3157 Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 269. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from Brantley County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 270. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following legislation was read the third time and put upon its passage: HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. Senate Sponsor: Senator Hill of the 4th. 3158 JOURNAL OF THE SENATE SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B.119 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010; 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, 2009, and ending June 30, 2010, as prescribed hereinafter for such fiscal year: HB 119 Governor Gov Rev House SAC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Nursing Home Provider Fees Care Management Organization Fees TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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 $20,193,974,890 $18,569,866,489 $18,569,866,489 $18,569,866,489 $17,987,363,393 $16,405,735,024 $16,405,735,024 $16,240,681,184 $968,750,000 $913,000,000 $913,000,000 $913,000,000 $938,089,332 $938,089,332 $938,089,332 $938,089,332 $297,705,776 $310,975,744 $310,975,744 $310,975,744 $2,066,389 $2,066,389 $2,066,389 $2,066,389 $122,528,939 $42,524,901 $11,223,855,071 $11,938,508,870 $12,666,830,500 $12,431,487,833 $567,460,180 $648,284,541 $567,460,180 $94,361,006 $94,361,006 $94,361,006 $94,361,006 $88,352,867 $88,352,867 $115,352,867 $136,014,978 $13,130,623 $13,130,623 $13,130,623 $13,130,623 $17,397,861 $17,397,861 $17,397,861 $17,397,861 WEDNESDAY, APRIL 1, 2009 3159 Federal Funds Not Itemized $3,282,141,128 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,242,517,438 Foster Care Title IV-E CFDA93.658 $79,448,008 Low-Income Home Energy Assistance CFDA93.568 $24,906,536 Maternal & Child Health Services Block Grant CFDA93.994 $20,366,584 Medical Assistance Program CFDA93.778 $5,524,374,562 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $59,700,314 Preventive Health & Health Services Block Grant CFDA93.991 $4,404,431 Social Services Block Grant CFDA93.667 $54,994,483 State Children's Insurance Program CFDA93.767 $308,286,485 Temporary Assistance for Needy Families $372,124,209 Temporary Assistance for Needy Families Grant CFDA93.558 $346,324,209 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 TANF Unobligated Balance per 42 USC 604 $37,348,536 TOTAL AGENCY FUNDS $4,196,867,053 Contributions, Donations, and Forfeitures $47,279,570 TANF Maintenance-of-Effort from External Sources $28,000,000 Contributions, Donations, and Forfeitures Not Itemized $19,279,570 Reserved Fund Balances $30,991,249 Reserved Fund Balances Not Itemized $30,991,249 Interest and Investment Income $5,062,984 Interest and Investment Income Not Itemized $5,062,984 Intergovernmental Transfers $2,010,321,014 Hospital Authorities $214,057,828 Provider Fee Transfers from Dept of Community Health $40,077,675 Intergovernmental Transfers Not Itemized $1,756,185,511 Rebates, Refunds, and Reimbursements $95,634,744 Rebates, Refunds, and Reimbursements Not Itemized $95,634,744 Royalties and Rents $3,689,716 Royalties and Rents Not Itemized $3,689,716 Sales and Services $2,002,598,179 Record Center Storage Fees $435,771 Sales and Services Not Itemized $2,002,162,408 $3,282,141,128 $1,242,517,438 $86,793,400 $24,906,536 $20,366,584 $5,694,839,245 $59,700,314 $4,404,431 $54,994,483 $277,670,029 $372,124,209 $346,324,209 $25,800,000 $37,348,536 $4,156,789,378 $47,279,570 $28,000,000 $19,279,570 $30,991,249 $30,991,249 $5,062,984 $5,062,984 $1,970,243,339 $214,057,828 $1,756,185,511 $95,634,744 $95,634,744 $3,689,716 $3,689,716 $2,002,598,179 $435,771 $2,002,162,408 $3,300,286,128 $1,242,517,438 $100,679,167 $24,906,536 $20,366,584 $6,242,578,982 $59,700,314 $4,404,431 $54,994,483 $318,396,794 $372,124,209 $346,324,209 $25,800,000 $37,348,536 $4,150,767,018 $47,279,570 $28,000,000 $19,279,570 $27,159,994 $27,159,994 $5,062,984 $5,062,984 $1,973,496,014 $214,057,828 $3,077,675 $1,756,360,511 $95,264,744 $95,264,744 $3,689,716 $3,689,716 $1,997,524,399 $435,771 $1,997,088,628 $3,303,482,450 $1,242,517,438 $87,079,167 $24,906,536 $20,366,584 $6,087,672,664 $59,700,314 $4,404,431 $54,994,483 $312,625,625 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,157,105,068 $47,279,570 $28,000,000 $19,279,570 $19,294,207 $19,294,207 $5,062,984 $5,062,984 $1,966,197,492 $214,057,828 $1,752,139,664 $95,264,744 $95,264,744 $3,599,210 $3,599,210 $2,007,553,569 $435,771 $2,007,117,798 3160 JOURNAL OF THE SENATE 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 Grant to Local Educational Agencies CFDA84.010 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,289,597 $1,289,597 $1,289,597 $12,853,292 $1,289,597 $1,289,597 $1,289,597 $12,853,292 $3,386,431,780 $3,345,663,334 $3,378,632,214 $3,203,553,286 $3,361,576,337 $3,320,807,891 $3,353,776,771 $3,185,597,843 $10,286,033 $10,286,033 $10,286,033 $10,286,033 $608,684 $608,684 $608,684 $608,684 $7,962,621 $7,962,621 $7,962,621 $8,069,802 $657,795 $657,795 $657,795 $657,795 $2,839,755,775 $2,798,987,329 $2,833,031,101 $2,664,744,992 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $49,111,814 $49,111,814 $49,111,814 $49,111,814 $1,330,388 $1,330,388 $1,330,388 $1,330,388 $10,689,069 $10,689,069 $9,614,177 $9,614,177 $333,430 $333,430 $333,430 $333,430 $295,125 $295,125 $295,125 $295,125 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $20,369,650 $20,369,650 $20,369,650 $20,369,650 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $41,931,075 $41,931,075 $41,931,075 $41,931,075 $759,169 $759,169 $759,169 $759,169 $8,060,300 $8,060,300 $8,060,300 $8,060,300 $50,728,985 $50,728,985 $50,728,985 $50,728,985 $23,589,119 $23,589,119 $23,589,119 $16,689,119 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $703,693 $703,693 $703,693 $703,693 $110,351 $110,351 $110,351 $110,351 $8,615,946 $8,615,946 $8,615,946 $8,615,946 $4,237,381 $4,237,381 $4,237,381 $4,237,381 $6,900,000 $6,900,000 $6,900,000 $1,219,621 $1,219,621 $1,219,621 $1,219,621 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $35,614,697,014 $34,665,164,737 $35,387,464,007 $35,158,459,390 WEDNESDAY, APRIL 1, 2009 3161 Changes in Fund Availability TOTAL STATE FUNDS ($971,907,626) ($2,596,016,027) ($2,596,016,027) ($2,596,016,027) State General Funds ($1,093,066,187) ($2,674,694,556) ($2,674,694,556) ($2,839,748,396) State Motor Fuel Funds ($73,408,859) ($129,158,859) ($129,158,859) ($129,158,859) Lottery Proceeds $55,833,589 $55,833,589 $55,833,589 $55,833,589 Tobacco Settlement Funds $138,636,435 $151,906,403 $151,906,403 $151,906,403 Brain and Spinal Injury Trust Fund $97,396 $97,396 $97,396 $97,396 Nursing Home Provider Fees $122,528,939 Care Management Organization Fees $42,524,901 TOTAL FEDERAL FUNDS $104,856,466 $819,510,265 $1,547,831,895 $1,312,489,228 American Recovery and Reinvestment Act of 2009 $567,460,180 $648,284,541 $567,460,180 CCDF Mandatory & Matching Funds CFDA93.596 ($285,841) ($285,841) ($285,841) ($285,841) Child Care & Development Block Grant CFDA93.575 ($72,752) ($72,752) $26,927,248 $47,589,359 Community Services Block Grant CFDA93.569 ($11,323) ($11,323) ($11,323) ($11,323) Federal Funds Not Itemized ($15,255,536) ($15,255,536) $2,889,464 $6,085,786 Foster Care Title IV-E CFDA93.658 ($8,295,892) ($950,500) $12,935,267 ($664,733) Low-Income Home Energy Assistance CFDA93.568 ($5,765) ($5,765) ($5,765) ($5,765) Maternal & Child Health Services Block Grant CFDA93.994 ($619,473) ($619,473) ($619,473) ($619,473) Medical Assistance Program CFDA93.778 $155,698,691 $326,163,374 $873,903,111 $718,996,793 Social Services Block Grant CFDA93.667 ($19,674) ($19,674) ($19,674) ($19,674) State Children's Insurance Program CFDA93.767 ($9,714,061) ($40,330,517) $396,248 ($5,374,921) Temporary Assistance for Needy Families $26,055,565 $26,055,565 $26,055,565 $21,956,313 Temporary Assistance for Needy Families Grant CFDA93.558 $24,355,565 $24,355,565 $24,355,565 $20,256,313 TANF Transfers to Child Care Development Fund per 42 USC 604 $1,700,000 $1,700,000 $1,700,000 $1,700,000 TANF Unobligated Balance per 42 USC 604 ($42,617,473) ($42,617,473) ($42,617,473) ($42,617,473) TOTAL AGENCY FUNDS ($211,541,382) ($251,619,057) ($257,641,417) ($251,303,367) Reserved Fund Balances ($235,672,921) ($235,672,921) ($239,504,176) ($247,369,963) Reserved Fund Balances Not Itemized ($235,672,921) ($235,672,921) ($239,504,176) ($247,369,963) Intergovernmental Transfers $27,605,182 ($12,472,493) ($9,219,818) ($16,518,340) Provider Fee Transfers from Dept of Community Health $40,077,675 $3,077,675 Intergovernmental Transfers Not Itemized ($12,472,493) ($12,472,493) ($12,297,493) ($16,518,340) Rebates, Refunds, and Reimbursements $51,000 $51,000 ($319,000) ($319,000) 3162 JOURNAL OF THE SENATE 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 Property Insurance Funds Retirement Payments Workers Compensation Funds Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $51,000 $51,000 ($319,000) ($319,000) ($2,751,287) ($2,751,287) ($2,751,287) ($2,841,793) ($2,751,287) ($2,751,287) ($2,751,287) ($2,841,793) ($773,356) ($773,356) ($5,847,136) $4,182,034 ($773,356) ($773,356) ($5,847,136) $4,182,034 $11,563,695 $11,563,695 $138,607,635 $97,839,189 $130,808,069 ($44,270,859) $138,572,554 $97,804,108 $130,772,988 ($37,405,940) ($289,573) ($289,573) ($289,573) ($182,392) $143,044,597 $102,276,151 $136,319,923 ($31,966,186) ($135,200) ($135,200) ($135,200) ($135,200) ($50,486) ($50,486) ($50,486) ($50,486) ($1,593,079) ($1,593,079) ($2,667,971) ($2,667,971) ($319,185) ($319,185) ($319,185) ($319,185) ($1,907,320) ($1,907,320) ($1,907,320) ($1,907,320) ($177,200) ($177,200) ($177,200) ($177,200) $35,081 $35,081 $35,081 ($6,864,919) $35,081 $35,081 $35,081 $35,081 ($6,900,000) ($939,984,907) ($1,930,285,630) ($1,175,017,480) ($1,579,101,025) Section Total - Continuation $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 Section Total - Final $11,402,191 $11,007,944 $11,402,191 $11,007,944 $11,402,191 $11,007,944 $10,271,420 $10,271,420 $10,271,420 $10,513,575 $10,513,575 $10,513,575 WEDNESDAY, APRIL 1, 2009 3163 Lieutenant Governor's Office Continuation Budget TOTAL STATE FUNDS $1,365,993 $1,365,993 $1,365,993 $1,365,993 State General Funds $1,365,993 $1,365,993 $1,365,993 $1,365,993 TOTAL PUBLIC FUNDS $1,365,993 $1,365,993 $1,365,993 $1,365,993 1.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($40,372) ($35,110) $0 1.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,529) ($105,864) ($105,864) 1.100-Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) $1,365,993 $1,312,092 $1,225,019 $1,365,993 $1,312,092 $1,225,019 $1,365,993 $1,312,092 $1,225,019 $1,260,129 $1,260,129 $1,260,129 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS $1,334,397 $1,334,397 $1,334,397 $1,334,397 State General Funds $1,334,397 $1,334,397 $1,334,397 $1,334,397 TOTAL PUBLIC FUNDS $1,334,397 $1,334,397 $1,334,397 $1,334,397 2.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($27,502) ($23,429) $0 2.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,515) ($104,472) ($104,472) 2.100-Secretary of the Senate's Office TOTAL STATE FUNDS Appropriation (HB 119) $1,334,397 $1,293,380 $1,206,496 $1,229,925 3164 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,334,397 $1,334,397 $1,293,380 $1,293,380 $1,206,496 $1,206,496 $1,229,925 $1,229,925 Senate Continuation Budget TOTAL STATE FUNDS $7,629,495 $7,629,495 $7,629,495 $7,629,495 State General Funds $7,629,495 $7,629,495 $7,629,495 $7,629,495 TOTAL PUBLIC FUNDS $7,629,495 $7,629,495 $7,629,495 $7,629,495 3.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($179,648) ($155,755) $0 3.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($76,396) ($595,206) ($595,206) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) $7,629,495 $7,373,451 $6,878,534 $7,629,495 $7,373,451 $6,878,534 $7,629,495 $7,373,451 $6,878,534 $7,034,289 $7,034,289 $7,034,289 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 $1,072,306 $1,072,306 $1,072,306 $1,072,306 State General Funds $1,072,306 $1,072,306 $1,072,306 $1,072,306 TOTAL PUBLIC FUNDS $1,072,306 $1,072,306 $1,072,306 $1,072,306 4.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($32,703) ($27,861) $0 4.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($10,582) ($83,074) ($83,074) WEDNESDAY, APRIL 1, 2009 3165 4.100-Senate Budget and Evaluation Office Appropriation (HB 119) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,072,306 $1,029,021 $961,371 State General Funds $1,072,306 $1,029,021 $961,371 TOTAL PUBLIC FUNDS $1,072,306 $1,029,021 $961,371 Section 2: Georgia House of Representatives Section Total - Continuation $989,232 $989,232 $989,232 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 Section Total - Final $19,850,950 $19,150,515 $19,850,950 $19,150,515 $19,850,950 $19,150,515 $19,850,950 $19,850,950 $19,850,950 $17,868,850 $17,868,850 $17,868,850 $19,850,950 $19,850,950 $19,850,950 $18,302,585 $18,302,585 $18,302,585 House of Representatives Continuation Budget TOTAL STATE FUNDS $19,850,950 $19,850,950 $19,850,950 $19,850,950 State General Funds $19,850,950 $19,850,950 $19,850,950 $19,850,950 TOTAL PUBLIC FUNDS $19,850,950 $19,850,950 $19,850,950 $19,850,950 5.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($501,925) ($433,735) $0 5.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($198,510) ($1,548,365) ($1,548,365) 5.100-House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) $19,850,950 $19,150,515 $17,868,850 $19,850,950 $19,150,515 $17,868,850 $19,850,950 $19,150,515 $17,868,850 $18,302,585 $18,302,585 $18,302,585 3166 JOURNAL OF THE SENATE Section 3: Georgia General Assembly Joint Offices Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 Section Total - Final $10,479,449 $10,200,607 $10,479,449 $10,200,607 $10,479,449 $10,200,607 $10,479,449 $10,479,449 $10,479,449 $9,686,262 $9,686,262 $9,686,262 $10,479,449 $10,479,449 $10,479,449 $9,836,665 $9,836,665 $9,836,665 Ancillary Activities Continuation Budget The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,728,361 $4,728,361 $4,728,361 $4,728,361 State General Funds $4,728,361 $4,728,361 $4,728,361 $4,728,361 TOTAL PUBLIC FUNDS $4,728,361 $4,728,361 $4,728,361 $4,728,361 6.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($78,655) ($28,872) $0 6.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($47,358) ($375,410) ($375,410) 6.100-Ancillary Activities Appropriation (HB 119) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,728,361 $4,602,348 $4,324,079 State General Funds $4,728,361 $4,602,348 $4,324,079 TOTAL PUBLIC FUNDS $4,728,361 $4,602,348 $4,324,079 $4,352,951 $4,352,951 $4,352,951 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. WEDNESDAY, APRIL 1, 2009 3167 TOTAL STATE FUNDS $2,646,281 $2,646,281 $2,646,281 $2,646,281 State General Funds $2,646,281 $2,646,281 $2,646,281 $2,646,281 TOTAL PUBLIC FUNDS $2,646,281 $2,646,281 $2,646,281 $2,646,281 7.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($44,019) ($36,951) $0 7.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($26,504) ($208,044) ($208,044) 7.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $185,620 $185,620 7.4 Reduce merit system assessments from $147 to $137 per position. State General Funds ($4,940) ($4,940) 7.100-Legislative Fiscal Office Appropriation (HB 119) 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 $2,646,281 $2,575,758 $2,581,966 $2,618,917 State General Funds $2,646,281 $2,575,758 $2,581,966 $2,618,917 TOTAL PUBLIC FUNDS $2,646,281 $2,575,758 $2,581,966 $2,618,917 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 $3,104,807 $3,104,807 $3,104,807 $3,104,807 State General Funds $3,104,807 $3,104,807 $3,104,807 $3,104,807 TOTAL PUBLIC FUNDS $3,104,807 $3,104,807 $3,104,807 $3,104,807 8.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($51,374) ($84,580) $0 3168 JOURNAL OF THE SENATE 8.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($30,932) ($240,010) ($240,010) 8.100-Office of Legislative Counsel Appropriation (HB 119) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,104,807 $3,022,501 $2,780,217 $2,864,797 State General Funds $3,104,807 $3,022,501 $2,780,217 $2,864,797 TOTAL PUBLIC FUNDS $3,104,807 $3,022,501 $2,780,217 $2,864,797 Section 4: Audits and Accounts, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $33,265,791 $31,754,444 $33,265,791 $31,754,444 $33,265,791 $31,754,444 $31,679,619 $31,679,619 $31,679,619 $32,380,418 $32,380,418 $32,380,418 Audit and Assurance Services Continuation Budget The purpose of this appropriation is to provide financial, performance, and information system audits. TOTAL STATE FUNDS $31,283,984 $31,283,984 $31,283,984 $31,283,984 State General Funds $31,283,984 $31,283,984 $31,283,984 $31,283,984 TOTAL PUBLIC FUNDS $31,283,984 $31,283,984 $31,283,984 $31,283,984 9.1 Reduce funds from personnel. State General Funds ($1,453,366) ($1,453,366) ($1,345,577) ($1,345,577) 9.2 Reduce funds received in HB990 (FY09G) to develop an auditing function for funding formulas and program inputs to include all education agencies. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 9.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State WEDNESDAY, APRIL 1, 2009 3169 Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,051,234) ($908,417) $0 9.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($296,066) ($296,066) ($568,534) 9.5 Defer the FY09 cost of living adjustment. State General Funds ($203,707) ($203,707) 9.99 SAC: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. State General Funds $0 9.100-Audit and Assurance Services Appropriation (HB 119) The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non- profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $29,330,618 $27,983,318 $28,030,217 $28,666,166 State General Funds $29,330,618 $27,983,318 $28,030,217 $28,666,166 TOTAL PUBLIC FUNDS $29,330,618 $27,983,318 $28,030,217 $28,666,166 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,729,799 $1,729,799 State General Funds $1,729,799 $1,729,799 TOTAL PUBLIC FUNDS $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 3170 JOURNAL OF THE SENATE 10.1 Reduce funds from personnel. State General Funds ($53,671) ($53,671) ($62,149) ($62,149) 10.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($47,575) ($41,112) $0 10.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,306) ($13,306) ($23,361) 10.4 Defer the FY09 cost of living adjustment. State General Funds ($15,694) ($15,694) 10.5 Reduce merit system assessments from $147 to $137 per position. State General Funds ($3,580) ($3,580) 10.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,676,128 $1,615,247 $1,593,958 State General Funds $1,676,128 $1,615,247 $1,593,958 TOTAL PUBLIC FUNDS $1,676,128 $1,615,247 $1,593,958 $1,625,015 $1,625,015 $1,625,015 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 $123,743 $123,743 $123,743 $123,743 State General Funds $123,743 $123,743 $123,743 $123,743 TOTAL PUBLIC FUNDS $123,743 $123,743 $123,743 $123,743 11.1 Reduce funds from personnel. State General Funds ($3,860) ($3,860) $0 $0 11.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($3,758) ($3,247) $0 WEDNESDAY, APRIL 1, 2009 3171 11.3 Defer the FY09 cost of living adjustment. State General Funds ($860) ($860) 11.99 SAC: The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures. State General Funds $0 11.100-Legislative Services Appropriation (HB 119) The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures. TOTAL STATE FUNDS $119,883 $116,125 $119,636 $122,883 State General Funds $119,883 $116,125 $119,636 $122,883 TOTAL PUBLIC FUNDS $119,883 $116,125 $119,636 $122,883 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 $2,289,648 $2,289,648 $2,289,648 $2,289,648 State General Funds $2,289,648 $2,289,648 $2,289,648 $2,289,648 TOTAL PUBLIC FUNDS $2,289,648 $2,289,648 $2,289,648 $2,289,648 12.1 Reduce funds from personnel. State General Funds ($150,486) ($150,486) ($253,657) ($253,657) 12.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($76,122) ($65,780) $0 12.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($23,286) ($23,286) ($58,520) 12.4 Defer the FY09 cost of living adjustment. State General Funds ($11,117) ($11,117) 12.99 SAC: The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the 3172 JOURNAL OF THE SENATE State as a whole for use in allocating State funds for public school systems and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment for centrally assessed public utility companies. State General Funds $0 12.100-Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 119) 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 and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment for centrally assessed public utility companies. TOTAL STATE FUNDS $2,139,162 $2,039,754 $1,935,808 $1,966,354 State General Funds $2,139,162 $2,039,754 $1,935,808 $1,966,354 TOTAL PUBLIC FUNDS $2,139,162 $2,039,754 $1,935,808 $1,966,354 Section 5: Appeals, Court of Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $13,354,713 $13,127,944 $13,354,713 $13,127,944 $150,000 $150,000 $150,000 $150,000 $13,504,713 $13,277,944 $13,167,528 $13,167,528 $150,000 $150,000 $13,317,528 $13,452,235 $13,452,235 $150,000 $150,000 $13,602,235 Court of Appeals Continuation Budget WEDNESDAY, APRIL 1, 2009 3173 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 $14,744,435 $14,744,435 $14,744,435 $14,744,435 State General Funds $14,744,435 $14,744,435 $14,744,435 $14,744,435 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 $14,894,435 $14,894,435 $14,894,435 $14,894,435 13.1 Defer the FY09 cost of living adjustment. State General Funds ($159,151) ($159,151) ($159,151) ($159,151) 13.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($407,398) ($500,620) ($432,607) $0 13.3 Reduce funds by eliminating nine filled support positions, not filling a vacant attorney position, and temporarily suspending the summer internship program. State General Funds ($615,362) ($615,362) ($615,362) ($615,362) 13.4 Reduce funds by delaying the printing of court rules, microfilm services, and equipment replacements. State General Funds ($193,311) ($193,311) ($193,311) ($193,311) 13.5 Reduce funds from the Westlaw contract and temporarily suspend online legal subscription services. State General Funds ($42,000) ($42,000) ($42,000) ($42,000) 13.6 Reduce funds received in HB990 (FY09G) to upgrade the court's docket system. State General Funds ($147,900) ($147,900) ($147,900) ($147,900) 13.7 Increase funds to purchase client licenses for the Novell Access Manager Security appliance that will be used to limit access to the court's e-filing and docket systems. State General Funds $27,500 $27,500 $0 $0 13.8 Increase funds to upgrade the docket system. [One-Time Change] State General Funds $147,900 $147,900 $147,900 $0 13.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($133,547) ($133,547) ($133,547) 13.10 Reduce merit system assessments from $147 to $137 per position. 3174 JOURNAL OF THE SENATE State General Funds ($929) ($929) 13.99 SAC: The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law. State General Funds $0 13.100-Court of Appeals Appropriation (HB 119) The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law. TOTAL STATE FUNDS $13,354,713 $13,127,944 $13,167,528 $13,452,235 State General Funds $13,354,713 $13,127,944 $13,167,528 $13,452,235 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 $13,504,713 $13,277,944 $13,317,528 $13,602,235 Section 6: Judicial Council Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Final $15,021,404 $14,903,628 $15,021,404 $14,903,628 $2,492,903 $2,492,903 $2,492,903 $2,492,903 $15,063,392 $15,063,392 $2,492,903 $2,492,903 $10,637,139 $10,637,139 $2,492,903 $2,492,903 WEDNESDAY, APRIL 1, 2009 3175 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $615,890 $615,890 $18,130,197 $615,890 $615,890 $18,012,421 $615,890 $615,890 $18,172,185 $1,095,890 $1,095,890 $14,225,932 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 $196,638 $196,638 $196,638 $196,638 State General Funds $196,638 $196,638 $196,638 $196,638 TOTAL AGENCY FUNDS $172,890 $172,890 $172,890 $172,890 Sales and Services $172,890 $172,890 $172,890 $172,890 Sales and Services Not Itemized $172,890 $172,890 $172,890 $172,890 TOTAL PUBLIC FUNDS $369,528 $369,528 $369,528 $369,528 14.1 Defer the FY09 cost of living adjustment. State General Funds ($3,117) ($3,117) ($3,117) ($3,117) 14.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($11,894) ($17,505) ($15,127) $0 14.3 Reduce funds and the use of temporary professional employees to help with seasonal projects such as the annual report and trainings. State General Funds ($10,898) ($10,898) ($45,406) ($45,406) 14.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,707) ($1,707) ($1,707) 14.5 Reduce funds and become self sufficient. State General Funds ($146,408) 14.99 SAC: The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness. State General Funds $0 3176 JOURNAL OF THE SENATE 14.100-Georgia Office of Dispute Resolution Appropriation (HB 119) The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness. TOTAL STATE FUNDS $170,729 $163,411 $131,281 State General Funds $170,729 $163,411 $131,281 TOTAL AGENCY FUNDS $172,890 $172,890 $172,890 $172,890 Sales and Services $172,890 $172,890 $172,890 $172,890 Sales and Services Not Itemized $172,890 $172,890 $172,890 $172,890 TOTAL PUBLIC FUNDS $343,619 $336,301 $304,171 $172,890 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 $1,298,000 $1,298,000 $1,298,000 $1,298,000 State General Funds $1,298,000 $1,298,000 $1,298,000 $1,298,000 TOTAL AGENCY FUNDS $177,500 $177,500 $177,500 $177,500 Sales and Services $177,500 $177,500 $177,500 $177,500 Sales and Services Not Itemized $177,500 $177,500 $177,500 $177,500 TOTAL PUBLIC FUNDS $1,475,500 $1,475,500 $1,475,500 $1,475,500 15.1 Defer the FY09 cost of living adjustment. State General Funds ($6,105) ($6,105) ($6,105) ($6,105) 15.2 Reduce funds by freezing the vacant program support position for court administrative personnel training. (S:Reduce funds received in HB990 (FY09G) to conduct a court administrators professional certification program) State General Funds ($40,000) ($40,000) ($40,000) ($77,296) 15.3 Reduce funds by instituting a moratorium on financial aid for nationally-based educational travel. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 15.4 Reduce funds by cancelling the 2009 Annual Conference for law clerks. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 15.5 Reduce funds by eliminating the design and delivery of the 2009 Leadership Academy. State General Funds ($12,514) ($12,514) ($12,514) ($12,514) 15.6 Increase funds for the training of new judges. WEDNESDAY, APRIL 1, 2009 3177 State General Funds $10,000 $10,000 $0 $0 15.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,244) ($12,244) ($12,244) 15.8 Reduce funds by suspending the annual assessment fee for FY10. State General Funds ($50,000) 15.9 Reduce funds received in HB990 (FY09G) for magistrate court judicial educational products and services. State General Funds ($100,000) 15.10 Eliminate funds by charging judges and court personnel for the cost of their training. State General Funds ($1,014,841) 15.99 SAC: The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel. State General Funds $0 15.100-Institute of Continuing Judicial Education Appropriation (HB 119) The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel. TOTAL STATE FUNDS $1,224,381 $1,212,137 $1,202,137 State General Funds $1,224,381 $1,212,137 $1,202,137 TOTAL AGENCY FUNDS $177,500 $177,500 $177,500 $177,500 Sales and Services $177,500 $177,500 $177,500 $177,500 Sales and Services Not Itemized $177,500 $177,500 $177,500 $177,500 TOTAL PUBLIC FUNDS $1,401,881 $1,389,637 $1,379,637 $177,500 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 $13,971,643 $13,971,643 $13,971,643 $13,971,643 State General Funds $13,971,643 $13,971,643 $13,971,643 $13,971,643 TOTAL FEDERAL FUNDS $2,492,903 $2,492,903 $2,492,903 $2,492,903 Federal Funds Not Itemized $2,492,903 $2,492,903 $2,492,903 $2,492,903 TOTAL AGENCY FUNDS $265,500 $265,500 $265,500 $265,500 3178 JOURNAL OF THE SENATE Sales and Services $265,500 $265,500 $265,500 $265,500 Sales and Services Not Itemized $265,500 $265,500 $265,500 $265,500 TOTAL PUBLIC FUNDS $16,730,046 $16,730,046 $16,730,046 $16,730,046 16.1 Defer the FY09 cost of living adjustment. State General Funds ($73,828) ($73,828) ($73,828) ($73,828) 16.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($270,877) ($229,198) ($198,060) $0 16.3 Reduce funds from the Administrative Office of the Courts (AOC) by eliminating the contract for maintenance of the SUSTAIN Case Management software system. State General Funds ($250,000) ($250,000) $0 ($250,000) 16.4 Reduce funds from the AOC by freezing the following vacant positions: an administrative assistant in the General Counsel Division, a desktop administrator in the Technology Division, and a research position in the Research Division. State General Funds ($175,569) ($175,569) $0 ($175,569) 16.5 Reduce funds from the Council of State Court Judges (-$15,932), Council of Probate Court Judges (-$4,687), Council of Municipal Court Judges (-$1,140), Council of Magistrate Court Judges (-$11,935), and Council of Court Administrators (- $286). State General Funds ($33,980) ($33,980) ($33,980) ($33,980) 16.6 Reduce funds and the amount of grants to be awarded to local drug courts. (S:Replace funds by charging drug court participants a supervision fee of $25 per month) State General Funds ($139,139) ($139,139) ($139,139) ($619,139) Sales and Services Not Itemized $480,000 TOTAL PUBLIC FUNDS ($139,139) 16.7 Reduce funds from the Child Support Guidelines Commission by suspending all travel, printing, and publications for laminated bench cards and child support calculator worksheet guides, and meetings. State General Funds ($6,324) ($6,324) ($6,324) ($6,324) 16.8 Reduce funds from the County and Municipal Probation Advisory Council by eliminating the reimbursements for member expenses and suspending registrations for conferences. State General Funds ($17,068) ($17,068) ($17,068) ($17,068) 16.9 Reduce funds and the grants awarded for civil legal services to Victims of Domestic Violence. WEDNESDAY, APRIL 1, 2009 3179 State General Funds ($128,078) ($128,078) $148,326 ($128,078) 16.10 Reduce funds from the Committee on Access and Fairness by discontinuing the newsletter in print form, reducing Color of Justice programs, and reducing the number of meetings held from six to four. (S:Eliminate the Committee on Access and Fairness) State General Funds ($6,577) ($6,577) ($35,000) ($112,784) 16.11 Reduce funds from the Georgia Law School Consortium and the stipends paid to approximately thirty students beginning in the 2009 spring semester. (H and S:Eliminate funds for the Georgia Law School Consortium) State General Funds ($10,585) ($10,585) ($176,416) ($176,416) 16.12 Reduce funds from the Georgia Courts Automation Commission by reducing the number of facilitated sessions for the Strategic IT and Business Plans, the Common Judicial Data Dictionary project, and the National Information Exchange Model Mapping program. State General Funds ($50,296) ($50,296) ($650,000) ($200,000) 16.13 Reduce funds to reflect the revised revenue estimate. (H:Increase funds for the AOC) State General Funds ($128,093) $96,241 ($128,093) 16.14 Reduce merit system assessments from $147 to $137 per position. State General Funds ($3,384) ($3,384) 16.15 Eliminate funds for the Traffic Information Processing System (TIPS). State General Funds ($167,282) 16.16 Reduce one-time funds received in HB990 (FY09G) for the 2009 National Mock Trial Competition. State General Funds ($10,000) 16.17 Eliminate funds for the Macon Office. State General Funds ($36,360) 16.97 Transfer all funds and activities for Legal Services for Victims of Domestic Violence to the Criminal Justice Coordinating Council (CJCC). State General Funds ($2,006,548) 16.98 Transfer all funds and activities to the newly created Accountability Courts, Administrative Office of the Courts, Children and Family Court Services, Councils of Limited Jurisdiction Courts, Statewide Technology Programs, and Legal and Regulatory Services programs. State General Funds ($9,826,790) Federal Funds Not Itemized ($2,492,903) Sales and Services Not Itemized ($745,500) TOTAL PUBLIC FUNDS ($13,065,193) 3180 JOURNAL OF THE SENATE 16.99 SAC: The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug Courts, provided that $2,150,000 is designated for Drug and DUI Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, and the State Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-Filing system, and the Child Support Guidelines Commission, the Commission on Interpreters, the Board of Court Reporting, the County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the Advisory Committee on Healthy Marriages. State General Funds $0 16.100-Judicial Council Appropriation (HB 119) The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug Courts, provided that $2,150,000 is designated for Drug and DUI Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, and the State Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-Filing system, and the Child Support Guidelines Commission, the Commission on Interpreters, the Board of Court Reporting, the County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the Advisory Committee on Healthy Marriages. TOTAL STATE FUNDS $12,809,322 $12,722,908 $12,883,011 State General Funds $12,809,322 $12,722,908 $12,883,011 TOTAL FEDERAL FUNDS $2,492,903 $2,492,903 $2,492,903 Federal Funds Not Itemized $2,492,903 $2,492,903 $2,492,903 TOTAL AGENCY FUNDS $265,500 $265,500 $265,500 Sales and Services $265,500 $265,500 $265,500 Sales and Services Not Itemized $265,500 $265,500 $265,500 TOTAL PUBLIC FUNDS $15,567,725 $15,481,311 $15,641,414 Judicial Qualifications Commission Continuation Budget The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $299,040 $299,040 $299,040 State General Funds $299,040 $299,040 $299,040 TOTAL PUBLIC FUNDS $299,040 $299,040 $299,040 17.1 Defer the FY09 cost of living adjustment. State General Funds ($2,226) ($2,226) ($2,226) $299,040 $299,040 $299,040 ($2,226) WEDNESDAY, APRIL 1, 2009 3181 17.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($7,695) ($11,325) ($9,786) $0 17.3 Reduce funds from operations. State General Funds ($17,347) ($17,347) ($17,347) ($17,347) 17.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,718) ($2,718) ($2,718) 17.99 SAC: The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations of unethical campaign practices. State General Funds $0 17.100-Judicial Qualifications Commission Appropriation (HB 119) The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations of unethical campaign practices. TOTAL STATE FUNDS $271,772 $265,424 $266,963 $276,749 State General Funds $271,772 $265,424 $266,963 $276,749 TOTAL PUBLIC FUNDS $271,772 $265,424 $266,963 $276,749 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 $580,000 $580,000 $580,000 $580,000 State General Funds $580,000 $580,000 $580,000 $580,000 TOTAL PUBLIC FUNDS $580,000 $580,000 $580,000 $580,000 18.1 Reduce funds from operations. 3182 JOURNAL OF THE SENATE State General Funds ($34,800) ($34,800) $0 ($34,800) 18.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,452) $0 ($11,600) 18.99 SAC: The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings. State General Funds $0 18.100-Resource Center Appropriation (HB 119) The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings. TOTAL STATE FUNDS $545,200 $539,748 $580,000 $533,600 State General Funds $545,200 $539,748 $580,000 $533,600 TOTAL PUBLIC FUNDS $545,200 $539,748 $580,000 $533,600 Accountability Courts Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 508.98 Transfer all funds and activities for adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts from the Judicial Council program. State General Funds $1,702,432 Federal Funds Not Itemized $812,528 Sales and Services Not Itemized $539,000 TOTAL PUBLIC FUNDS $3,053,960 508.99 SAC: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as, the Judicial Council Standing Committee on Drug Courts. State General Funds $0 508.100-Accountability Courts Appropriation (HB 119) The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as, the Judicial Council Standing Committee on Drug Courts. WEDNESDAY, APRIL 1, 2009 3183 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 $1,702,432 $1,702,432 $812,528 $812,528 $539,000 $539,000 $539,000 $3,053,960 Administrative Office of the Courts Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 509.98 Transfer all funds and activities for the Administrative Office of the Courts (AOC) director's office, Judicial Council operations, administrative/budget/support, finance/accounting, policy and business process, planning, court services operations, human resources, communications/publications, research operations, governmental affairs, and the intern program from the Judicial Council program. State General Funds $3,462,315 Sales and Services Not Itemized $32,447 TOTAL PUBLIC FUNDS $3,494,762 509.99 SAC: The purpose of this appropriation is to provide administrative support to the Judicial Council. State General Funds $0 509.100-Administrative Office of the Courts Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to the Judicial Council. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,462,315 $3,462,315 $32,447 $32,447 $32,447 $3,494,762 3184 JOURNAL OF THE SENATE Children and Family Court Services Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 510.98 Transfer all funds and activities for the Appalachian Family Law Information Center (FLIC), Child Support Commission, Children, Family and the Courts, Children, Marriage and Family Law, Committee on Civil Justice, Committee on Justice for Children, and grants management from the Judicial Council program. State General Funds $853,176 Federal Funds Not Itemized $1,680,375 TOTAL PUBLIC FUNDS $2,533,551 510.99 SAC: The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants management. State General Funds $0 510.100-Children and Family Court Services Appropriation (HB 119) The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants management. TOTAL STATE FUNDS $853,176 State General Funds $853,176 TOTAL FEDERAL FUNDS $1,680,375 Federal Funds Not Itemized $1,680,375 TOTAL PUBLIC FUNDS $2,533,551 Councils of Limited Jurisdictions Courts Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 511.98 Transfer all funds and activities for the Council of Magistrate Court Judges, Council of Municipal Court Judges, Council of Probate Court Judges, Council of State Court Judges, and Council of Court Administrators from the Judicial Council program. WEDNESDAY, APRIL 1, 2009 3185 State General Funds $526,428 Sales and Services Not Itemized $15,000 TOTAL PUBLIC FUNDS $541,428 511.99 SAC: The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court Judges, State Court Judges, and Court Administrators. State General Funds $0 511.100-Councils of Limited Jurisdictions Courts Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court Judges, State Court Judges, and Court Administrators. TOTAL STATE FUNDS $526,428 State General Funds $526,428 TOTAL AGENCY FUNDS $15,000 Sales and Services $15,000 Sales and Services Not Itemized $15,000 TOTAL PUBLIC FUNDS $541,428 Legal & Regulatory Services Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 512.98 Transfer all funds and activities for the Board of Court Reporting, Commission on Interpreters, County and Municipal Probation Advisory Council (CMPAC), and General Counsel Division from the Judicial Council program. State General Funds $719,588 Sales and Services Not Itemized $159,053 TOTAL PUBLIC FUNDS $878,641 512.99 SAC: The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and Municipal Probation Advisory Council (CMPAC), and the General Counsel Division State General Funds $0 512.100-Legal & Regulatory Services Appropriation (HB 119) The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and 3186 JOURNAL OF THE SENATE Municipal Probation Advisory Council (CMPAC), and the General Counsel Division. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $719,588 $719,588 $159,053 $159,053 $159,053 $878,641 Statewide Technology Programs Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 513.98 Transfer all funds and activities for the Georgia Judicial Exchange, Georgia Courts Automation Commission (GCAC), and Administrative Office of the Courts (AOC) Technology and Support Services from the Judicial Council program. State General Funds $2,562,851 513.99 SAC: The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts. State General Funds $0 513.100-Statewide Technology Programs Appropriation (HB 119) The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts. TOTAL STATE FUNDS $2,562,851 State General Funds $2,562,851 TOTAL PUBLIC FUNDS $2,562,851 Section 7: Juvenile Courts Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $6,691,660 $6,691,660 $447,456 $6,691,660 $6,691,660 $447,456 $6,691,660 $6,691,660 $447,456 $6,691,660 $6,691,660 $447,456 WEDNESDAY, APRIL 1, 2009 Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 3187 $447,456 $7,139,116 $447,456 $7,139,116 Section Total - Final $6,532,353 $6,511,026 $6,532,353 $6,511,026 $447,456 $447,456 $447,456 $447,456 $6,979,809 $6,958,482 $447,456 $7,139,116 $6,534,968 $6,534,968 $447,456 $447,456 $6,982,424 $447,456 $7,139,116 $6,561,715 $6,561,715 $447,456 $447,456 $7,009,171 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 $1,705,599 $1,705,599 $1,705,599 $1,705,599 State General Funds $1,705,599 $1,705,599 $1,705,599 $1,705,599 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 $2,153,055 $2,153,055 $2,153,055 $2,153,055 19.1 Defer the FY09 cost of living adjustment. State General Funds ($14,189) ($14,189) ($14,189) ($14,189) 19.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($46,418) ($50,689) ($43,803) $0 19.3 Reduce funds from the purchase of services for the Juvenile Offenders Program that reimburses county governments for community-based services that provide alternatives to institutional treatment. State General Funds ($98,700) ($98,700) ($98,700) ($98,700) 19.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($17,056) $0 ($17,056) 3188 JOURNAL OF THE SENATE 19.100-Council of Juvenile Court Judges Appropriation (HB 119) 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 $1,546,292 $1,524,965 $1,548,907 $1,575,654 State General Funds $1,546,292 $1,524,965 $1,548,907 $1,575,654 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 $1,993,748 $1,972,421 $1,996,363 $2,023,110 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 $4,986,061 $4,986,061 $4,986,061 State General Funds $4,986,061 $4,986,061 $4,986,061 TOTAL PUBLIC FUNDS $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 20.100-Grants to Counties for Juvenile Court Judges Appropriation (HB 119) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,986,061 $4,986,061 $4,986,061 State General Funds $4,986,061 $4,986,061 $4,986,061 TOTAL PUBLIC FUNDS $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 Section 8: Prosecuting Attorneys Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 TOTAL STATE FUNDS State General Funds Section Total - Final $58,153,511 $57,424,402 $58,153,511 $57,424,402 $56,644,090 $56,644,090 $57,208,442 $57,208,442 WEDNESDAY, APRIL 1, 2009 3189 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $1,802,127 $1,802,127 $59,955,638 $1,802,127 $1,802,127 $59,226,529 $1,802,127 $1,802,127 $58,446,217 $1,802,127 $1,802,127 $59,010,569 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 $52,323,746 $52,323,746 $52,323,746 $52,323,746 State General Funds $52,323,746 $52,323,746 $52,323,746 $52,323,746 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 $54,090,792 $54,090,792 $54,090,792 $54,090,792 21.1 Defer the FY09 cost of living adjustment. State General Funds ($637,857) ($637,857) ($637,857) ($637,857) 21.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,828,766) ($1,964,186) ($1,697,338) $0 21.3 Increase funds to cover a projected shortfall. (H:One-time funds) State General Funds $363,433 $363,433 $300,000 $0 21.4 Increase funds for three additional Assistant District Attorneys associated with the creation of additional judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session). State General Funds $223,156 $223,156 $223,156 $223,156 21.5 Increase funds to reinstate the step increases and promotions that were suspended temporarily in FY09. (H:Utilize existing funds) State General Funds $349,150 $349,150 $0 ($349,150) 21.6 Increase funds to provide step increases and promotions during FY10. State General Funds $590,000 $590,000 $590,000 $0 21.7 Increase funds to reflect a change in the child support contract with the Department of Human Resources. FF Child Support Enforcement Title IV-D CFDA93.563 $35,081 $35,081 $35,081 $35,081 3190 JOURNAL OF THE SENATE 21.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($513,829) ($513,829) ($513,829) 21.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($5,497) ($5,497) 21.99 SAC: The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18. State General Funds $0 21.100-District Attorneys Appropriation (HB 119) The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18. TOTAL STATE FUNDS $51,382,862 $50,733,613 $50,582,381 $51,040,569 State General Funds $51,382,862 $50,733,613 $50,582,381 $51,040,569 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,802,127 $1,802,127 $1,802,127 $1,802,127 Federal Funds Transfers $1,802,127 $1,802,127 $1,802,127 $1,802,127 FF Child Support Enforcement Title IV-D CFDA93.563 $1,802,127 $1,802,127 $1,802,127 $1,802,127 TOTAL PUBLIC FUNDS $53,184,989 $52,535,740 $52,384,508 $52,842,696 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 $6,957,949 $6,957,949 $6,957,949 $6,957,949 State General Funds $6,957,949 $6,957,949 $6,957,949 $6,957,949 TOTAL PUBLIC FUNDS $6,957,949 $6,957,949 $6,957,949 $6,957,949 22.1 Defer the FY09 cost of living adjustment. State General Funds ($52,707) ($52,707) ($52,707) ($52,707) 22.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) WEDNESDAY, APRIL 1, 2009 3191 State General Funds ($164,504) ($176,658) ($152,658) $0 22.3 Increase funds to reinstate the step increases and promotions that were suspended temporarily in FY09. (H:Utilize existing funds) State General Funds $11,575 $11,575 $0 ($11,575) 22.4 Increase funds to provide step increases and promotions during FY10. State General Funds $9,184 $9,184 $9,184 $0 22.5 Increase funds for real estate rents. State General Funds $9,152 $9,152 $0 $0 22.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($67,706) ($67,706) ($67,706) 22.7 Reduce funds and defer filling four vacant positions. (S:Reduce additional funds from the training of the vacant victim witness coordinator position) State General Funds ($632,353) ($658,088) 22.100-Prosecuting Attorney's Council Appropriation (HB 119) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $6,770,649 $6,690,789 $6,061,709 State General Funds $6,770,649 $6,690,789 $6,061,709 TOTAL PUBLIC FUNDS $6,770,649 $6,690,789 $6,061,709 $6,167,873 $6,167,873 $6,167,873 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $59,040,266 $57,860,640 $59,040,266 $57,860,640 $59,040,266 $57,860,640 $57,955,798 $57,955,798 $57,955,798 $59,999,072 $59,999,072 $59,999,072 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 3192 JOURNAL OF THE SENATE and assist in their training of the superior court clerks. TOTAL STATE FUNDS $1,751,550 $1,751,550 $1,751,550 $1,751,550 State General Funds $1,751,550 $1,751,550 $1,751,550 $1,751,550 TOTAL PUBLIC FUNDS $1,751,550 $1,751,550 $1,751,550 $1,751,550 23.1 Eliminate funds received in HB990 (FY09G) for the Judicial Data Exchange (JDX) project. (H:Partially restore funds) State General Funds ($1,500,000) ($1,500,000) ($1,000,000) ($1,500,000) 23.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,515) ($2,515) ($20,124) 23.100-Council of Superior Court Clerks Appropriation (HB 119) 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 $251,550 $249,035 $749,035 $231,426 State General Funds $251,550 $249,035 $749,035 $231,426 TOTAL PUBLIC FUNDS $251,550 $249,035 $749,035 $231,426 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 $1,483,201 $1,483,201 $1,483,201 $1,483,201 State General Funds $1,483,201 $1,483,201 $1,483,201 $1,483,201 TOTAL PUBLIC FUNDS $1,483,201 $1,483,201 $1,483,201 $1,483,201 24.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($40,504) ($55,545) ($47,999) $0 24.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($14,427) ($14,427) ($94,787) 24.3 Defer the FY09 cost of living adjustment. State General Funds ($16,204) ($16,204) 24.4 Reduce merit system assessments from $147 to $137 per position. WEDNESDAY, APRIL 1, 2009 3193 State General Funds ($330) ($330) 24.5 Reduce funds due to the early elimination of the Sentence Review Panel. State General Funds ($22,240) 24.99 SAC: The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the administration of justice through leadership, training, policy development and budgetary and fiscal administration. State General Funds $0 24.100-Council of Superior Court Judges Appropriation (HB 119) The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the administration of justice through leadership, training, policy development and budgetary and fiscal administration. TOTAL STATE FUNDS $1,442,697 $1,413,229 $1,404,241 $1,349,640 State General Funds $1,442,697 $1,413,229 $1,404,241 $1,349,640 TOTAL PUBLIC FUNDS $1,442,697 $1,413,229 $1,404,241 $1,349,640 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 $2,348,845 $2,348,845 $2,348,845 $2,348,845 State General Funds $2,348,845 $2,348,845 $2,348,845 $2,348,845 TOTAL PUBLIC FUNDS $2,348,845 $2,348,845 $2,348,845 $2,348,845 25.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($56,145) ($76,995) ($66,535) $0 25.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($22,927) ($22,927) ($152,147) 25.3 Defer the FY09 cost of living adjustment. State General Funds ($24,360) ($24,360) 3194 JOURNAL OF THE SENATE 25.100-Judicial Administrative Districts Appropriation (HB 119) 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 $2,292,700 $2,248,923 $2,235,023 $2,172,338 State General Funds $2,292,700 $2,248,923 $2,235,023 $2,172,338 TOTAL PUBLIC FUNDS $2,292,700 $2,248,923 $2,235,023 $2,172,338 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 $58,038,504 $58,038,504 $58,038,504 $58,038,504 State General Funds $58,038,504 $58,038,504 $58,038,504 $58,038,504 TOTAL PUBLIC FUNDS $58,038,504 $58,038,504 $58,038,504 $58,038,504 26.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,490,047) ($2,043,379) ($1,765,773) $0 26.2 Eliminate pass-thru funds for employer contributions for county-paid judges and staff and for the Superior Court Judges Emeritus Retirement. State General Funds ($3,610,086) ($3,610,086) ($1,000,000) $0 26.3 Increase funds for costs associated with the creation of three new judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session). (S:Remove funds for law assistants) State General Funds $1,151,310 $1,151,310 $1,151,310 $854,126 26.4 Increase and restore funds removed in HB990 (FY09G) due to the revenue estimate change. State General Funds $714,125 $714,125 $101,000 $101,000 26.5 Increase funds for judges' travel and reflect increases in the mileage reimbursement rates and other travel costs. State General Funds $249,513 $249,513 $60,000 $60,000 26.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($550,534) ($550,534) ($340,954) 26.7 Defer the FY09 cost of living adjustment. WEDNESDAY, APRIL 1, 2009 3195 State General Funds ($669,099) ($669,099) 26.8 Reduce funds for Senior Judge usage. State General Funds ($1,797,909) ($1,797,909) 26.99 SAC: The purpose of this appropriation is to enable Georgia's Superior Courts to be the 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. State General Funds $0 26.100-Superior Court Judges Appropriation (HB 119) The purpose of this appropriation is to enable Georgia's Superior Courts to be the 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 $55,053,319 $53,949,453 $53,567,499 $56,245,668 State General Funds $55,053,319 $53,949,453 $53,567,499 $56,245,668 TOTAL PUBLIC FUNDS $55,053,319 $53,949,453 $53,567,499 $56,245,668 Section 10: Supreme Court Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $8,086,951 $7,822,633 $8,086,951 $7,822,633 $8,086,951 $7,822,633 $7,747,900 $7,747,900 $7,747,900 $8,026,295 $8,026,295 $8,026,295 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. 3196 JOURNAL OF THE SENATE TOTAL STATE FUNDS $8,837,974 $8,837,974 $8,837,974 $8,837,974 State General Funds $8,837,974 $8,837,974 $8,837,974 $8,837,974 TOTAL PUBLIC FUNDS $8,837,974 $8,837,974 $8,837,974 $8,837,974 27.1 Defer the FY09 cost of living adjustment. State General Funds ($89,806) ($89,806) ($89,806) ($89,806) 27.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($220,936) ($404,384) ($349,445) $0 27.3 Reduce funds by eliminating five positions, the summer internship program and from operations. State General Funds ($511,634) ($511,634) ($511,634) ($511,634) 27.4 Increase funds to provide salary adjustments for law assistants. State General Funds $71,353 $71,353 $0 $0 27.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($80,870) $0 $0 27.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($680) ($680) 27.7 Reduce funds from the February 2010 bar exam based on revised application fees. State General Funds ($138,509) ($138,509) 27.8 Reduce one-time funds received in HB990 (FY09G) to create a disaster recovery co-location site and provide equipment upgrades. State General Funds ($71,050) 27.99 SAC: The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions. State General Funds $0 WEDNESDAY, APRIL 1, 2009 3197 27.100-Supreme Court of Georgia Appropriation (HB 119) The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions. TOTAL STATE FUNDS $8,086,951 $7,822,633 $7,747,900 $8,026,295 State General Funds $8,086,951 $7,822,633 $7,747,900 $8,026,295 TOTAL PUBLIC FUNDS $8,086,951 $7,822,633 $7,747,900 $8,026,295 Section 11: Accounting Office, State Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $4,622,320 $4,535,832 $4,622,320 $4,535,832 $10,286,033 $10,286,033 $10,286,033 $10,286,033 $14,908,353 $14,821,865 $4,077,625 $4,077,625 $10,286,033 $10,286,033 $14,363,658 $4,626,452 $4,626,452 $10,286,033 $10,286,033 $14,912,485 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 $5,456,173 $5,456,173 $5,456,173 $5,456,173 State General Funds $5,456,173 $5,456,173 $5,456,173 $5,456,173 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $10,286,033 $10,286,033 $10,286,033 $10,286,033 3198 JOURNAL OF THE SENATE State Funds Transfers $10,286,033 $10,286,033 $10,286,033 $10,286,033 Accounting System Assessments $10,286,033 $10,286,033 $10,286,033 $10,286,033 TOTAL PUBLIC FUNDS $15,742,206 $15,742,206 $15,742,206 $15,742,206 28.1 Defer the FY09 cost of living adjustment. State General Funds ($40,448) ($40,448) ($40,448) ($40,448) 28.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($78,217) ($118,482) ($102,385) $0 28.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $68,563 $68,563 $68,563 $68,563 28.4 Reduce funds by delaying equipment replacements and only authorizing emergency purchases. State General Funds ($11,427) ($11,427) ($11,427) ($11,427) 28.5 Reduce funds by limiting purchases, only publishing critical reports, using orders from prior years to meet Oracle training needs, and curtailing travel and staff training. State General Funds ($117,787) ($117,787) ($117,787) ($117,787) 28.6 Reduce funds from operations. State General Funds ($269,793) ($269,793) ($269,793) ($269,793) 28.7 Reduce funds from personnel. (H:Reflect additional vacancies) State General Funds ($250,000) ($250,000) ($723,221) ($250,000) 28.8 Reduce funds related to the delayed implementation of streamlined banking. State General Funds ($134,744) ($134,744) ($134,744) ($538,868) 28.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($46,223) ($46,223) ($46,223) 28.10 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,083) ($1,083) 28.99 SAC: The purpose of this appropriation is to provide statewide policies and guidance on accounting and financial procedures, to provide financial management assistance to state agencies, to prepare the Comprehensive Annual Financial Report, Budgetary Compliance Report, Single Audit Report, and other statutory and regulatory reports, and to develop and maintain WEDNESDAY, APRIL 1, 2009 3199 the state's financial and human capital management system. State General Funds $0 28.100-State Accounting Office Appropriation (HB 119) The purpose of this appropriation is to provide statewide policies and guidance on accounting and financial procedures, to provide financial management assistance to state agencies, to prepare the Comprehensive Annual Financial Report, Budgetary Compliance Report, Single Audit Report, and other statutory and regulatory reports, and to develop and maintain the state's financial and human capital management system. TOTAL STATE FUNDS $4,622,320 $4,535,832 $4,077,625 $4,249,107 State General Funds $4,622,320 $4,535,832 $4,077,625 $4,249,107 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $10,286,033 $10,286,033 $10,286,033 $10,286,033 State Funds Transfers $10,286,033 $10,286,033 $10,286,033 $10,286,033 Accounting System Assessments $10,286,033 $10,286,033 $10,286,033 $10,286,033 TOTAL PUBLIC FUNDS $14,908,353 $14,821,865 $14,363,658 $14,535,140 28.101 Special Project - State Accounting Office: Increase funds for training, upgrades and other activities necessary to ensure budgetary compliance by fund source within a program as determined by the Department of Audits. State General Funds $377,345 Section 12: Administrative Services, Department of Section Total - Continuation 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 $13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 $13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 $13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 $13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 3200 JOURNAL OF THE SENATE 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 Section Total - Final $9,745,324 $9,728,305 $9,745,324 $9,728,305 $19,333,105 $19,333,105 $6,834,082 $6,834,082 $3,352,238 $3,352,238 $7,139,999 $7,139,999 $126,214 $126,214 $1,880,572 $1,880,572 $131,974,783 $131,974,783 $131,974,783 $131,974,783 $161,053,212 $161,036,193 $9,232,520 $9,232,520 $15,501,850 $3,002,827 $3,352,238 $7,139,999 $126,214 $1,880,572 $131,974,783 $131,974,783 $156,709,153 $5,570,546 $5,570,546 $13,382,237 $973,720 $3,352,238 $7,139,999 $35,708 $1,880,572 $132,081,964 $132,081,964 $151,034,747 Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS $850,000 $850,000 $850,000 State General Funds $850,000 $850,000 $850,000 TOTAL PUBLIC FUNDS $850,000 $850,000 $850,000 29.1 Reduce one-time funds used to purchase an annuity for an individual who was wrongfully imprisoned. State General Funds ($850,000) ($850,000) ($850,000) $850,000 $850,000 $850,000 ($850,000) Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $3,358,438 $3,358,438 State General Funds $3,358,438 $3,358,438 TOTAL AGENCY FUNDS $1,400,524 $1,400,524 Interest and Investment Income $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 Royalties and Rents $35,708 $35,708 Royalties and Rents Not Itemized $35,708 $35,708 Sales and Services $1,302,695 $1,302,695 Sales and Services Not Itemized $1,302,695 $1,302,695 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 WEDNESDAY, APRIL 1, 2009 3201 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 $5,994,354 $5,994,354 $5,994,354 $5,994,354 30.1 Defer the FY09 cost of living adjustment. State General Funds ($94,768) ($94,768) ($94,768) ($94,768) 30.2 Defer structure adjustments to the statewide salary plan. State General Funds ($463) ($463) ($463) ($463) 30.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($116,678) ($49,675) ($42,926) $0 30.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($157,636) ($157,636) ($157,636) ($157,636) 30.5 Reduce funds by eliminating an accounting manager, a secretary, and a chief information officer. (H:Reflect actual salaries and recognize three additional vacancies for a total of six vacant positions)(S:Restore funds for a position already eliminated because of the GAIT outsourcing initiative) State General Funds ($184,468) ($184,468) ($523,875) ($425,033) 30.6 Reduce funds designated for information technology contractors and perform the work with internal staff. State General Funds ($143,997) ($143,997) ($143,997) ($143,997) 30.7 Reduce funds designated for a marketing study. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 30.8 Reduce funds from operations. State General Funds ($15,500) ($15,500) ($15,500) ($15,500) 30.9 Reduce funds and delay repairs and maintenance projects. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 30.10 Reduce funds designated for conferences and continuing education expenses. 3202 JOURNAL OF THE SENATE State General Funds ($29,700) ($29,700) ($29,700) ($29,700) 30.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($28,279) ($28,279) ($28,279) 30.12 Reduce merit system assessments from $147 to $137 per position. State General Funds ($399) ($399) 30.13 Replace funds to require the Office of Treasury and Fiscal Services to reimburse the Department for its allocation of administrative expenses. State General Funds ($66,129) Agency to Agency Contracts $107,181 TOTAL PUBLIC FUNDS $41,052 30.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,530,228 $2,568,952 $2,235,895 State General Funds $2,530,228 $2,568,952 $2,235,895 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 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 $5,166,144 $5,204,868 $4,871,811 $2,311,534 $2,311,534 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,342,573 $1,342,573 $128,999 $250,719 $203,686 $759,169 $5,054,631 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. WEDNESDAY, APRIL 1, 2009 3203 TOTAL STATE FUNDS $1,705,000 $1,705,000 $1,705,000 $1,705,000 State General Funds $1,705,000 $1,705,000 $1,705,000 $1,705,000 TOTAL AGENCY FUNDS $1,295,640 $1,295,640 $1,295,640 $1,295,640 Reserved Fund Balances $719,941 $719,941 $719,941 $719,941 Reserved Fund Balances Not Itemized $719,941 $719,941 $719,941 $719,941 Rebates, Refunds, and Reimbursements $575,699 $575,699 $575,699 $575,699 Rebates, Refunds, and Reimbursements Not Itemized $575,699 $575,699 $575,699 $575,699 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $91,439 $91,439 $91,439 $91,439 State Funds Transfers $91,439 $91,439 $91,439 $91,439 Motor Vehicle Rental Payments $91,439 $91,439 $91,439 $91,439 TOTAL PUBLIC FUNDS $3,092,079 $3,092,079 $3,092,079 $3,092,079 31.1 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($672,026) ($672,026) ($672,026) ($672,026) 31.2 Reduce funds from excess rent allocations. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 31.3 Reduce funds due to excessive freight expenses. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 31.4 Reduce funds from operations. State General Funds ($36,704) ($36,704) ($36,704) ($36,704) 31.5 Reduce funds from personnel. State General Funds ($340,758) ($340,758) ($340,758) ($340,758) 31.6 Reduce funds and fund operations with income from rebates from vehicle maintenance/gas contracts and vehicle rental payments. State General Funds ($635,512) 31.7 Reduce funds to reflect the use of reserves. Reserved Fund Balances Not Itemized ($366,938) 31.99 SAC: The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for travelling state employees. State General Funds $0 3204 JOURNAL OF THE SENATE 31.100-Fleet Management Appropriation (HB 119) The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for travelling state employees. TOTAL STATE FUNDS $635,512 $635,512 $635,512 State General Funds $635,512 $635,512 $635,512 TOTAL AGENCY FUNDS $1,295,640 $1,295,640 $1,295,640 $928,702 Reserved Fund Balances $719,941 $719,941 $719,941 $353,003 Reserved Fund Balances Not Itemized $719,941 $719,941 $719,941 $353,003 Rebates, Refunds, and Reimbursements $575,699 $575,699 $575,699 $575,699 Rebates, Refunds, and Reimbursements Not Itemized $575,699 $575,699 $575,699 $575,699 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $91,439 $91,439 $91,439 $91,439 State Funds Transfers $91,439 $91,439 $91,439 $91,439 Motor Vehicle Rental Payments $91,439 $91,439 $91,439 $91,439 TOTAL PUBLIC FUNDS $2,022,591 $2,022,591 $2,022,591 $1,020,141 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 $1,130,155 $1,130,155 $1,130,155 $1,130,155 State Funds Transfers $1,130,155 $1,130,155 $1,130,155 $1,130,155 Mail and Courier Services $1,130,155 $1,130,155 $1,130,155 $1,130,155 TOTAL PUBLIC FUNDS $1,130,155 $1,130,155 $1,130,155 $1,130,155 32.1 Reduce funds by eliminating one filled clerk position. Mail and Courier Services ($31,186) ($31,186) ($31,186) ($31,186) 32.2 Reduce funds from operations. Mail and Courier Services ($2,300) ($2,300) ($2,300) ($2,300) 32.3 Reduce funds designated for vehicle expenses. Mail and Courier Services ($17,000) ($17,000) ($17,000) ($17,000) 32.99 SAC: The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta. WEDNESDAY, APRIL 1, 2009 3205 State General Funds $0 32.100-Mail and Courier Appropriation (HB 119) The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,079,669 $1,079,669 $1,079,669 $1,079,669 State Funds Transfers $1,079,669 $1,079,669 $1,079,669 $1,079,669 Mail and Courier Services $1,079,669 $1,079,669 $1,079,669 $1,079,669 TOTAL PUBLIC FUNDS $1,079,669 $1,079,669 $1,079,669 $1,079,669 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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $129,880,757 $129,880,757 $129,880,757 $129,880,757 State Funds Transfers $129,880,757 $129,880,757 $129,880,757 $129,880,757 Agency to Agency Contracts $978,423 $978,423 $978,423 $978,423 Liability Funds $49,247,014 $49,247,014 $49,247,014 $49,247,014 Property Insurance Funds $20,688,835 $20,688,835 $20,688,835 $20,688,835 Unemployment Compensation Funds $8,060,300 $8,060,300 $8,060,300 $8,060,300 Workers Compensation Funds $50,906,185 $50,906,185 $50,906,185 $50,906,185 TOTAL PUBLIC FUNDS $129,880,757 $129,880,757 $129,880,757 $129,880,757 33.1 Reduce funds by restricting travel, postponing computer upgrades, discontinuing subscriptions, and suspending participation in conferences and training. Agency to Agency Contracts ($51,100) ($51,100) ($51,100) ($51,100) Liability Funds ($9,200) ($9,200) ($9,200) ($9,200) Property Insurance Funds ($5,200) ($5,200) ($5,200) ($5,200) Workers Compensation Funds ($28,200) ($28,200) ($28,200) ($28,200) TOTAL PUBLIC FUNDS ($93,700) ($93,700) ($93,700) ($93,700) 33.2 Reduce funds due to a teachers' premium refund. Property Insurance Funds ($51,000) ($51,000) ($51,000) ($51,000) 33.3 Reduce funds from consulting services that are unnecessary or can be performed internally. Liability Funds ($126,000) ($126,000) ($126,000) ($126,000) 3206 JOURNAL OF THE SENATE Workers Compensation Funds ($103,000) ($103,000) ($103,000) ($103,000) TOTAL PUBLIC FUNDS ($229,000) ($229,000) ($229,000) ($229,000) 33.4 Reduce funds and eliminate duplicative or unnecessary positions. Agency to Agency Contracts ($81,473) ($81,473) ($81,473) ($81,473) Property Insurance Funds ($262,985) ($262,985) ($262,985) ($262,985) Workers Compensation Funds ($46,000) ($46,000) ($46,000) ($46,000) TOTAL PUBLIC FUNDS ($390,458) ($390,458) ($390,458) ($390,458) 33.5 Reduce funds due to a broker fee refund. Agency to Agency Contracts ($157,000) ($157,000) ($157,000) ($157,000) 33.99 SAC: The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers' Compensation Program. State General Funds $0 33.100-Risk Management Appropriation (HB 119) The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers' Compensation Program. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $128,959,599 $128,959,599 $128,959,599 $128,959,599 State Funds Transfers $128,959,599 $128,959,599 $128,959,599 $128,959,599 Agency to Agency Contracts $688,850 $688,850 $688,850 $688,850 Liability Funds $49,111,814 $49,111,814 $49,111,814 $49,111,814 Property Insurance Funds $20,369,650 $20,369,650 $20,369,650 $20,369,650 Unemployment Compensation Funds $8,060,300 $8,060,300 $8,060,300 $8,060,300 Workers Compensation Funds $50,728,985 $50,728,985 $50,728,985 $50,728,985 TOTAL PUBLIC FUNDS $128,959,599 $128,959,599 $128,959,599 $128,959,599 WEDNESDAY, APRIL 1, 2009 3207 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 $4,241,671 $4,241,671 $4,241,671 $4,241,671 State General Funds $4,241,671 $4,241,671 $4,241,671 $4,241,671 TOTAL AGENCY FUNDS $10,729,801 $10,729,801 $10,729,801 $10,729,801 Reserved Fund Balances $4,165,501 $4,165,501 $4,165,501 $4,165,501 Reserved Fund Balances Not Itemized $4,165,501 $4,165,501 $4,165,501 $4,165,501 Rebates, Refunds, and Reimbursements $6,564,300 $6,564,300 $6,564,300 $6,564,300 Rebates, Refunds, and Reimbursements Not Itemized $6,564,300 $6,564,300 $6,564,300 $6,564,300 TOTAL PUBLIC FUNDS $14,971,472 $14,971,472 $14,971,472 $14,971,472 34.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($121,441) ($51,687) ($44,665) $0 34.2 Reduce funds designated for the SCIQUEST contract and implement Priority I initiatives at a later date. State General Funds ($483,287) ($483,287) ($483,287) ($483,287) 34.3 Reduce funds from personnel. (H and S:Reduce funds to reflect eight vacant positions) State General Funds ($226,109) ($226,109) ($360,128) ($360,128) 34.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($37,487) ($37,487) ($37,487) 34.5 Reduce funds due to the use of reserves in HB118 (FY09A). Reserved Fund Balances Not Itemized ($3,831,255) ($4,165,501) 34.6 Reduce funds and fund operations with income from purchasing card rebates and incentives. State General Funds ($3,316,104) 34.99 SAC: The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors. 3208 JOURNAL OF THE SENATE State General Funds $0 34.100-State Purchasing Appropriation (HB 119) The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors. TOTAL STATE FUNDS $3,410,834 $3,443,101 $3,316,104 $44,665 State General Funds $3,410,834 $3,443,101 $3,316,104 $44,665 TOTAL AGENCY FUNDS $10,729,801 $10,729,801 $6,898,546 $6,564,300 Reserved Fund Balances $4,165,501 $4,165,501 $334,246 Reserved Fund Balances Not Itemized $4,165,501 $4,165,501 $334,246 Rebates, Refunds, and Reimbursements $6,564,300 $6,564,300 $6,564,300 $6,564,300 Rebates, Refunds, and Reimbursements Not Itemized $6,564,300 $6,564,300 $6,564,300 $6,564,300 TOTAL PUBLIC FUNDS $14,140,635 $14,172,902 $10,214,650 $6,608,965 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 $4,657,141 $4,657,141 $4,657,141 $4,657,141 Reserved Fund Balances $1,948,640 $1,948,640 $1,948,640 $1,948,640 Reserved Fund Balances Not Itemized $1,948,640 $1,948,640 $1,948,640 $1,948,640 Sales and Services $2,708,501 $2,708,501 $2,708,501 $2,708,501 Sales and Services Not Itemized $2,708,501 $2,708,501 $2,708,501 $2,708,501 TOTAL PUBLIC FUNDS $4,657,141 $4,657,141 $4,657,141 $4,657,141 35.1 Reduce funds due to the closing of facilities in Americus, Swainsboro and Tucker and eliminate positions. Sales and Services Not Itemized ($2,130,624) ($2,130,624) ($2,130,624) ($2,130,624) 35.2 Reduce funds to reflect the use of reserves in FY09. Reserved Fund Balances Not Itemized ($1,327,923) WEDNESDAY, APRIL 1, 2009 3209 35.100-Surplus Property Appropriation (HB 119) 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 $2,526,517 $2,526,517 $2,526,517 $1,198,594 Reserved Fund Balances $1,948,640 $1,948,640 $1,948,640 $620,717 Reserved Fund Balances Not Itemized $1,948,640 $1,948,640 $1,948,640 $620,717 Sales and Services $577,877 $577,877 $577,877 $577,877 Sales and Services Not Itemized $577,877 $577,877 $577,877 $577,877 TOTAL PUBLIC FUNDS $2,526,517 $2,526,517 $2,526,517 $1,198,594 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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL AGENCY FUNDS $90,506 $90,506 $90,506 $90,506 Royalties and Rents $90,506 $90,506 $90,506 $90,506 Royalties and Rents Not Itemized $90,506 $90,506 $90,506 $90,506 TOTAL PUBLIC FUNDS $90,506 $90,506 $90,506 $90,506 36.1 Eliminate funds to reflect the Department's decision to close the remaining post office in the Coverdell Legislative Office Building effective April 1, 2009. Royalties and Rents Not Itemized ($90,506) 36.100-U.S. Post Office Appropriation (HB 119) 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 $3,576,847 $3,576,847 $3,576,847 $3,576,847 3210 JOURNAL OF THE SENATE State General Funds $3,576,847 $3,576,847 $3,576,847 $3,576,847 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $4,185,531 $4,185,531 $4,185,531 $4,185,531 37.1 Defer the FY09 cost of living adjustment. State General Funds ($39,203) ($39,203) ($39,203) ($39,203) 37.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($77,284) ($133,607) ($115,456) $0 37.3 Reduce funds due to savings from the implementation of a new case management tool. State General Funds ($346,036) ($346,036) ($346,036) ($346,036) 37.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($31,143) ($31,143) ($31,143) 37.99 SAC: The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies. State General Funds $0 37.100-Administrative Hearings, Office of State Appropriation (HB 119) The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies. TOTAL STATE FUNDS $3,114,324 $3,026,858 $3,045,009 $3,160,465 State General Funds $3,114,324 $3,026,858 $3,045,009 $3,160,465 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $3,723,008 $3,635,542 $3,653,693 $3,769,149 WEDNESDAY, APRIL 1, 2009 3211 Certificate of Need Appeal Panel Continuation Budget The purpose of this appropriation is to review decisions made by hearing officers. TOTAL STATE FUNDS $60,473 $60,473 $60,473 $60,473 State General Funds $60,473 $60,473 $60,473 $60,473 TOTAL PUBLIC FUNDS $60,473 $60,473 $60,473 $60,473 38.1 Reduce funds from contracts. State General Funds ($6,047) ($6,047) $0 ($6,047) 38.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($544) $0 ($544) 38.3 Reduce funds and recognize self-sufficiency as of July 1, 2008 through the collection of filing fees. State General Funds ($60,473) $0 38.99 SAC: The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. State General Funds $0 38.100-Certificate of Need Appeal Panel Appropriation (HB 119) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS $54,426 $53,882 $53,882 State General Funds $54,426 $53,882 $53,882 TOTAL PUBLIC FUNDS $54,426 $53,882 $53,882 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 $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income Not Itemized $3,290,117 $3,290,117 $3,290,117 $3,290,117 TOTAL PUBLIC FUNDS $3,290,117 $3,290,117 $3,290,117 $3,290,117 39.1 Increase administrative fees for managed funds and transfer funds ($107,181) to the Department of Administrative Services 3212 JOURNAL OF THE SENATE Departmental Administration program to cover administration costs for OTFS. (S:YES) Interest and Investment Income Not Itemized $0 39.99 SAC: The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to manage state revenue collections; to manage the Path2College 529 Plan. House: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury. Gov Rev: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury. Governor: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury. State General Funds $0 $0 $0 $0 39.100-Treasury and Fiscal Services, Office of Appropriation (HB 119) The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to manage state revenue collections; to manage the Path2College 529 Plan. TOTAL AGENCY FUNDS $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income Not Itemized $3,290,117 $3,290,117 $3,290,117 $3,290,117 TOTAL PUBLIC FUNDS $3,290,117 $3,290,117 $3,290,117 $3,290,117 Section 13: Agriculture, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements $46,719,425 $46,719,425 $8,049,321 $8,049,321 $3,384,689 $663,868 $100,000 $46,719,425 $46,719,425 $8,049,321 $8,049,321 $3,384,689 $663,868 $100,000 $46,719,425 $46,719,425 $8,049,321 $8,049,321 $3,384,689 $663,868 $100,000 $46,719,425 $46,719,425 $8,049,321 $8,049,321 $3,384,689 $663,868 $100,000 WEDNESDAY, APRIL 1, 2009 3213 Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS $2,620,821 $180,000 $180,000 $58,333,435 $2,620,821 $180,000 $180,000 $58,333,435 $2,620,821 $180,000 $180,000 $58,333,435 $2,620,821 $180,000 $180,000 $58,333,435 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 - Final $42,567,076 $42,109,685 $42,567,076 $42,109,685 $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 $180,000 $180,000 $180,000 $180,000 $54,181,086 $53,723,695 $42,708,079 $42,708,079 $8,049,321 $8,049,321 $3,384,689 $663,868 $100,000 $2,620,821 $180,000 $180,000 $54,322,089 $43,454,578 $43,454,578 $8,049,321 $8,049,321 $3,384,689 $663,868 $100,000 $2,620,821 $180,000 $180,000 $55,068,588 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 $3,775,613 $3,775,613 $3,775,613 $3,775,613 State General Funds $3,775,613 $3,775,613 $3,775,613 $3,775,613 TOTAL PUBLIC FUNDS $3,775,613 $3,775,613 $3,775,613 $3,775,613 40.1 Reduce funds from the contract with the Board of Regents for the Athens and Tifton Veterinary Laboratories. State General Funds ($309,289) ($309,289) ($309,289) ($309,289) 40.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($17,027) ($17,027) ($17,027) 40.3 Transfer funds received for the FY09 cost of living adjustment from the Board of Regents. State General Funds $64,646 $64,646 40.99 SAC: The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia. 3214 JOURNAL OF THE SENATE State General Funds $0 40.100-Athens and Tifton Veterinary Laboratories Appropriation (HB 119) The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia. TOTAL STATE FUNDS $3,466,324 $3,449,297 $3,513,943 $3,513,943 State General Funds $3,466,324 $3,449,297 $3,513,943 $3,513,943 TOTAL PUBLIC FUNDS $3,466,324 $3,449,297 $3,513,943 $3,513,943 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 $24,393,914 $24,393,914 $24,393,914 $24,393,914 State General Funds $24,393,914 $24,393,914 $24,393,914 $24,393,914 TOTAL FEDERAL FUNDS $7,199,221 $7,199,221 $7,199,221 $7,199,221 Federal Funds Not Itemized $7,199,221 $7,199,221 $7,199,221 $7,199,221 TOTAL AGENCY FUNDS $1,685,000 $1,685,000 $1,685,000 $1,685,000 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 $1,585,000 $1,585,000 $1,585,000 $1,585,000 Sales and Services Not Itemized $1,585,000 $1,585,000 $1,585,000 $1,585,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,000 $150,000 $150,000 $150,000 Agency Funds Transfers $150,000 $150,000 $150,000 $150,000 Agency Fund Transfers Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $33,428,135 $33,428,135 $33,428,135 $33,428,135 41.1 Defer the FY09 cost of living adjustment. State General Funds ($346,718) ($346,718) ($346,718) ($346,718) 41.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3215 (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($633,853) ($809,589) ($699,601) $0 41.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $99,775 $99,775 $99,775 $99,775 41.4 Reduce funds from operations. State General Funds ($635,227) ($635,227) ($635,227) ($635,227) 41.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($114,931) ($114,931) ($114,931) 41.6 Increase funds for one food safety specialist and five food safety inspectors. (S:Increase funds to annualize salaries for four positions added in HB118 (FY09A)) State General Funds $272,265 $160,000 41.99 SAC: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. State General Funds $0 41.100-Consumer Protection Appropriation (HB 119) The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. 3216 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $22,877,891 $22,877,891 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $31,912,112 $22,587,224 $22,587,224 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $31,621,445 $22,969,477 $22,969,477 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $32,003,698 $23,556,813 $23,556,813 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $32,591,034 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,571,774 $6,571,774 $6,571,774 $6,571,774 State General Funds $6,571,774 $6,571,774 $6,571,774 $6,571,774 TOTAL FEDERAL FUNDS $69,500 $69,500 $69,500 $69,500 Federal Funds Not Itemized $69,500 $69,500 $69,500 $69,500 TOTAL AGENCY FUNDS $258,721 $258,721 $258,721 $258,721 Sales and Services $258,721 $258,721 $258,721 $258,721 Sales and Services Not Itemized $258,721 $258,721 $258,721 $258,721 TOTAL PUBLIC FUNDS $6,899,995 $6,899,995 $6,899,995 $6,899,995 42.1 Defer the FY09 cost of living adjustment. State General Funds ($44,054) ($44,054) ($44,054) ($44,054) 42.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($128,738) ($164,398) ($142,063) $0 WEDNESDAY, APRIL 1, 2009 3217 42.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $68,966 $68,966 $68,966 $68,966 42.4 Reduce funds from operations. State General Funds ($740,829) ($740,829) ($740,829) ($740,829) 42.5 Reduce funds by eliminating one filled and two vacant positions. State General Funds ($157,060) ($157,060) ($157,060) ($157,060) 42.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($27,668) ($27,668) ($27,668) 42.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($6,608) ($6,608) 42.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $5,570,059 $5,506,731 $5,522,458 State General Funds $5,570,059 $5,506,731 $5,522,458 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 $5,898,280 $5,834,952 $5,850,679 $5,664,521 $5,664,521 $69,500 $69,500 $258,721 $258,721 $258,721 $5,992,742 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 $8,339,788 $8,339,788 $8,339,788 $8,339,788 State General Funds $8,339,788 $8,339,788 $8,339,788 $8,339,788 TOTAL FEDERAL FUNDS $780,600 $780,600 $780,600 $780,600 Federal Funds Not Itemized $780,600 $780,600 $780,600 $780,600 TOTAL AGENCY FUNDS $1,440,968 $1,440,968 $1,440,968 $1,440,968 Intergovernmental Transfers $663,868 $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $663,868 $663,868 3218 JOURNAL OF THE SENATE Sales and Services $777,100 $777,100 $777,100 $777,100 Sales and Services Not Itemized $777,100 $777,100 $777,100 $777,100 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 $30,000 $30,000 $30,000 Agency Funds Transfers $30,000 $30,000 $30,000 $30,000 Agency Fund Transfers Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $10,591,356 $10,591,356 $10,591,356 $10,591,356 43.1 Defer the FY09 cost of living adjustment. State General Funds ($40,459) ($40,459) ($40,459) ($40,459) 43.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($119,709) ($152,868) ($132,100) $0 43.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $35,181 $35,181 $35,181 $35,181 43.4 Reduce funds from operations. State General Funds ($910,422) ($910,422) ($910,422) ($910,422) 43.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($36,182) ($36,182) ($36,182) 43.6 Increase funds for marketing in emerging international markets. State General Funds $75,000 $0 43.7 Increase funds for the Federation of Southern Cooperatives. State General Funds $40,000 $0 43.99 SAC: The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Market Bulletin. State General Funds $0 43.100-Marketing and Promotion Appropriation (HB 119) The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically WEDNESDAY, APRIL 1, 2009 3219 and internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Market Bulletin. TOTAL STATE FUNDS $7,304,379 $7,235,038 $7,370,806 $7,387,906 State General Funds $7,304,379 $7,235,038 $7,370,806 $7,387,906 TOTAL FEDERAL FUNDS $780,600 $780,600 $780,600 $780,600 Federal Funds Not Itemized $780,600 $780,600 $780,600 $780,600 TOTAL AGENCY FUNDS $1,440,968 $1,440,968 $1,440,968 $1,440,968 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 $777,100 $777,100 $777,100 $777,100 Sales and Services Not Itemized $777,100 $777,100 $777,100 $777,100 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 $30,000 $30,000 $30,000 Agency Funds Transfers $30,000 $30,000 $30,000 $30,000 Agency Fund Transfers Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $9,555,947 $9,486,606 $9,622,374 $9,639,474 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 $3,638,336 $3,638,336 $3,638,336 $3,638,336 State General Funds $3,638,336 $3,638,336 $3,638,336 $3,638,336 TOTAL PUBLIC FUNDS $3,638,336 $3,638,336 $3,638,336 $3,638,336 44.1 Defer the FY09 cost of living adjustment. State General Funds ($76,184) ($76,184) ($76,184) ($76,184) 44.2 Reduce funds from operations. State General Funds ($213,729) ($213,729) ($213,729) ($213,729) 44.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($17,028) ($17,028) ($17,028) 44.99 SAC: The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring. State General Funds $0 44.100-Poultry Veterinary Diagnostic Labs Appropriation (HB 119) The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses 3220 JOURNAL OF THE SENATE and monitoring. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,348,423 $3,348,423 $3,348,423 $3,331,395 $3,331,395 $3,331,395 $3,331,395 $3,331,395 $3,331,395 $3,331,395 $3,331,395 $3,331,395 Section 14: Banking and Finance, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $12,027,315 $11,917,317 $12,027,315 $11,917,317 $12,027,315 $11,917,317 $11,975,215 $11,975,215 $11,975,215 $12,355,581 $12,355,581 $12,355,581 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 $550,974 $550,974 $550,974 $550,974 State General Funds $550,974 $550,974 $550,974 $550,974 TOTAL PUBLIC FUNDS $550,974 $550,974 $550,974 $550,974 45.1 Defer the FY09 cost of living adjustment. State General Funds ($6,555) ($6,555) ($6,555) ($6,555) 45.98 Transfer all funds and activities to the Departmental Administration, Financial Institution Supervision, and Non-Depository Financial Institutions programs to align the program structure with the Department's service delivery model. State General Funds ($544,419) ($544,419) ($544,419) ($544,419) 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 $660,553 $660,553 $660,553 $660,553 State General Funds $660,553 $660,553 $660,553 $660,553 WEDNESDAY, APRIL 1, 2009 3221 TOTAL PUBLIC FUNDS $660,553 $660,553 $660,553 $660,553 46.1 Defer the FY09 cost of living adjustment. State General Funds ($6,872) ($6,872) ($6,872) ($6,872) 46.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,617 $1,617 $1,617 $1,617 46.3 Reduce funds by eliminating two consumer and legal affairs specialists and one administrative assistant position. State General Funds ($270,034) ($270,034) ($270,034) ($270,034) 46.4 Transfer funds to the Departmental Administration and Non-Depository Financial Institutions Supervision programs to reflect actual expenditures and to the Financial Institution Supervision program for one legal and consumer affairs specialist. State General Funds ($171,127) ($171,127) ($171,127) ($171,127) 46.99 SAC: The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff. State General Funds $0 46.100-Consumer Protection and Assistance Appropriation (HB 119) The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $214,137 $214,137 $214,137 $214,137 State General Funds $214,137 $214,137 $214,137 $214,137 TOTAL PUBLIC FUNDS $214,137 $214,137 $214,137 $214,137 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,089,102 $2,089,102 $2,089,102 $2,089,102 State General Funds $2,089,102 $2,089,102 $2,089,102 $2,089,102 TOTAL PUBLIC FUNDS $2,089,102 $2,089,102 $2,089,102 $2,089,102 47.1 Defer the FY09 cost of living adjustment. State General Funds ($21,807) ($21,807) ($21,807) ($21,807) 47.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 3222 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($59,100) ($78,790) ($68,086) $0 47.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $183 $183 $183 $183 47.4 Reduce funds by eliminating one vacant district information systems specialist position. State General Funds ($101,363) ($101,363) ($101,363) ($101,363) 47.5 Transfer funds from the Consumer Protection and Assistance program to reflect actual expenditures. State General Funds $16,000 $16,000 $16,000 $16,000 47.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,901) ($1,901) 47.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities program to align the program structure with the Department's service delivery model. State General Funds $153,096 $153,096 $153,096 $153,096 47.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,076,111 $2,056,421 $2,065,224 State General Funds $2,076,111 $2,056,421 $2,065,224 TOTAL PUBLIC FUNDS $2,076,111 $2,056,421 $2,065,224 $2,133,310 $2,133,310 $2,133,310 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 $7,757,393 $7,757,393 $7,757,393 $7,757,393 State General Funds $7,757,393 $7,757,393 $7,757,393 $7,757,393 TOTAL PUBLIC FUNDS $7,757,393 $7,757,393 $7,757,393 $7,757,393 48.1 Defer the FY09 cost of living adjustment. State General Funds ($87,276) ($87,276) ($87,276) ($87,276) WEDNESDAY, APRIL 1, 2009 3223 48.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($213,948) ($285,226) ($246,476) $0 48.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $43,680 $43,680 $43,680 $43,680 48.4 Reduce funds for one-time information systems controls improvements. State General Funds ($52,900) ($52,900) ($52,900) ($52,900) 48.5 Reduce funds and consolidate the Douglas and Valdosta field offices into one central office in Tifton. State General Funds ($22,593) ($22,593) ($22,593) ($22,593) 48.6 Transfer funds from the Consumer Protection and Assistance program for one legal and consumer affairs specialist. State General Funds $147,127 $147,127 $147,127 $147,127 48.98 Transfer funds and activities from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to align the program structure with the Department's service delivery model. State General Funds $127,264 $127,264 $127,264 $127,264 48.99 SAC: The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory agencies on examination findings. State General Funds $0 48.100-Financial Institution Supervision Appropriation (HB 119) The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory agencies on examination findings. TOTAL STATE FUNDS $7,698,747 $7,627,469 $7,666,219 $7,912,695 3224 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $7,698,747 $7,698,747 $7,627,469 $7,627,469 $7,666,219 $7,666,219 $7,912,695 $7,912,695 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 $1,840,251 $1,840,251 $1,840,251 $1,840,251 State General Funds $1,840,251 $1,840,251 $1,840,251 $1,840,251 TOTAL PUBLIC FUNDS $1,840,251 $1,840,251 $1,840,251 $1,840,251 49.1 Defer the FY09 cost of living adjustment. State General Funds ($18,078) ($18,078) ($18,078) ($18,078) 49.98 Transfer all funds and activities to the Non-Depository Financial Institution Supervision program. State General Funds ($1,822,173) ($1,822,173) ($1,765,054) ($1,822,173) 49.100-Mortgage Supervision Appropriation (HB 119) 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 $57,119 State General Funds $57,119 TOTAL PUBLIC FUNDS $57,119 Non-Depository Financial Institution Supervision Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 505.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,207 $1,207 $1,207 $1,207 505.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the WEDNESDAY, APRIL 1, 2009 3225 cost of the plan) State General Funds ($57,119) ($76,149) ($65,804) $0 505.3 Transfer funds from the Consumer Protection and Assistance program. State General Funds $8,000 $8,000 $8,000 $8,000 505.4 Transfer funds for three positions from the Chartering, Licensing and Applications/Non-Mortgage Entities program. State General Funds $264,059 $264,059 $264,059 $264,059 505.98 Transfer all funds and activities from the Mortgage Supervision program. State General Funds $1,822,173 $1,822,173 $1,765,054 $1,822,173 505.99 SAC: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. House: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. Gov Rev: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. Governor: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. State General Funds $0 $0 $0 $0 505.100-Non-Depository Financial Institution Supervision Appropriation (HB 119) The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. TOTAL STATE FUNDS $2,038,320 $2,019,290 $1,972,516 $2,095,439 State General Funds $2,038,320 $2,019,290 $1,972,516 $2,095,439 TOTAL PUBLIC FUNDS $2,038,320 $2,019,290 $1,972,516 $2,095,439 Section 15: Community Affairs, Department of TOTAL STATE FUNDS Section Total - Continuation $100,549,877 $100,549,877 $100,549,877 $100,549,877 3226 JOURNAL OF THE SENATE State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $36,000,520 $35,565,622 $36,000,520 $35,565,622 $167,079,288 $167,079,288 $166,979,288 $166,979,288 $100,000 $100,000 $14,398,524 $14,398,524 $3,475,083 $3,475,083 $8,738,924 $8,738,924 $546,221 $546,221 $1,638,296 $1,638,296 $217,478,332 $217,043,434 $30,578,748 $30,578,748 $167,079,288 $166,979,288 $100,000 $14,632,675 $3,475,083 $8,913,924 $546,221 $1,697,447 $212,290,711 $27,787,832 $27,787,832 $166,979,288 $166,979,288 $11,812,848 $534,103 $9,035,077 $546,221 $1,697,447 $206,579,968 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 $314,573 $314,573 $314,573 $314,573 State General Funds $314,573 $314,573 $314,573 $314,573 TOTAL AGENCY FUNDS $239,704 $239,704 $239,704 $239,704 Sales and Services $239,704 $239,704 $239,704 $239,704 Sales and Services Not Itemized $239,704 $239,704 $239,704 $239,704 WEDNESDAY, APRIL 1, 2009 3227 TOTAL PUBLIC FUNDS $554,277 $554,277 $554,277 $554,277 50.1 Defer the FY09 cost of living adjustment. State General Funds ($3,428) ($3,428) ($3,428) ($3,428) 50.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($9,753) ($10,733) ($9,275) $0 50.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($220) ($220) ($220) ($220) 50.4 Reduce funds for one building consultant position and fund with existing agency funds. State General Funds ($56,641) ($56,641) ($56,641) ($56,641) 50.5 Reduce funds from contracts for training on Georgia's construction codes for building inspectors and builders. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 50.99 SAC: The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes; and to provide professional training to building inspectors and builders on Georgia's construction codes. State General Funds $0 50.100-Building Construction Appropriation (HB 119) The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes; and to provide professional training to building inspectors and builders on Georgia's construction codes. TOTAL STATE FUNDS $214,531 $213,551 $215,009 $224,284 State General Funds $214,531 $213,551 $215,009 $224,284 TOTAL AGENCY FUNDS $239,704 $239,704 $239,704 $239,704 Sales and Services $239,704 $239,704 $239,704 $239,704 3228 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $239,704 $454,235 $239,704 $453,255 $239,704 $454,713 $239,704 $463,988 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 $3,850,247 $3,850,247 $3,850,247 $3,850,247 State General Funds $3,850,247 $3,850,247 $3,850,247 $3,850,247 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 $3,901,165 $3,901,165 $3,901,165 $3,901,165 51.1 Defer the FY09 cost of living adjustment. State General Funds ($20,741) ($20,741) ($20,741) ($20,741) 51.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($58,389) ($64,254) ($55,525) $0 51.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($675) ($675) ($675) ($675) 51.4 Reduce funds from development and maintenance of the Georgia Comprehensive Plan Builder. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 51.5 Reduce one-time funds received in HB990 (FY09G) for the implementation of the Coastal Comprehensive Plan. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 51.6 Reduce funds by eliminating two vacant planner positions. State General Funds ($138,521) ($138,521) ($138,521) ($138,521) 51.7 Increase funds for the Regional Development Commission formula. (S:Provide funds to implement the provisions of OCGA 50- 8-33 as provided by HB1216 (2008 Session)) WEDNESDAY, APRIL 1, 2009 3229 State General Funds $4,558,834 $4,558,834 $4,558,834 $2,279,417 51.8 Reduce funds from personnel. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 51.9 Reduce funds from operations. State General Funds ($7,882) ($7,882) ($7,882) ($7,882) 51.10 Reduce funds from personnel and use fees received from local and state authorities for administering the Georgia Allocation System. State General Funds ($59,151) ($59,151) Sales and Services Not Itemized $59,151 $59,151 TOTAL PUBLIC FUNDS $0 $0 51.99 SAC: The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. State General Funds $0 51.100-Coordinated Planning Appropriation (HB 119) The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. TOTAL STATE FUNDS $7,797,873 $7,792,008 $7,741,586 $5,517,694 State General Funds $7,797,873 $7,792,008 $7,741,586 $5,517,694 TOTAL AGENCY FUNDS $50,918 $50,918 $110,069 $110,069 Sales and Services $50,918 $50,918 $110,069 $110,069 Sales and Services Not Itemized $50,918 $50,918 $110,069 $110,069 TOTAL PUBLIC FUNDS $7,848,791 $7,842,926 $7,851,655 $5,627,763 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. 3230 JOURNAL OF THE SENATE TOTAL STATE FUNDS $2,233,357 $2,233,357 $2,233,357 $2,233,357 State General Funds $2,233,357 $2,233,357 $2,233,357 $2,233,357 TOTAL FEDERAL FUNDS $1,611,802 $1,611,802 $1,611,802 $1,611,802 Federal Funds Not Itemized $1,611,802 $1,611,802 $1,611,802 $1,611,802 TOTAL AGENCY FUNDS $1,726,601 $1,726,601 $1,726,601 $1,726,601 Reserved Fund Balances $83,091 $83,091 $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 $83,091 $83,091 Intergovernmental Transfers $1,371,273 $1,371,273 $1,371,273 $1,371,273 Intergovernmental Transfers Not Itemized $1,371,273 $1,371,273 $1,371,273 $1,371,273 Sales and Services $272,237 $272,237 $272,237 $272,237 Sales and Services Not Itemized $272,237 $272,237 $272,237 $272,237 TOTAL PUBLIC FUNDS $5,571,760 $5,571,760 $5,571,760 $5,571,760 52.1 Defer the FY09 cost of living adjustment. State General Funds ($17,441) ($17,441) ($17,441) ($17,441) 52.2 Defer structure adjustments to the statewide salary plan. State General Funds ($1,886) ($1,886) ($1,886) ($1,886) 52.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($55,128) ($60,713) ($52,465) $0 52.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($13,190) ($13,190) ($13,190) ($13,190) 52.5 Reduce funds from two positions and use fees received from local and state authorities for administering the Georgia Allocation System. State General Funds ($95,500) ($95,500) ($95,500) ($95,500) 52.6 Reduce funds from operations. State General Funds ($8,260) ($8,260) ($8,260) ($8,260) 52.7 Reduce funds from personnel. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) WEDNESDAY, APRIL 1, 2009 3231 52.8 Reduce funds to reflect the revised revenue estimate. State General Funds 52.9 Reduce merit system assessments from $147 to $137 per position. State General Funds 52.10 Reduce funds from the Georgia Advocacy Office. State General Funds ($25,614) ($47,511) ($763) ($47,511) ($763) ($249,902) 52.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,791,952 $1,760,753 $1,746,341 State General Funds $1,791,952 $1,760,753 $1,746,341 TOTAL FEDERAL FUNDS $1,611,802 $1,611,802 $1,611,802 Federal Funds Not Itemized $1,611,802 $1,611,802 $1,611,802 TOTAL AGENCY FUNDS $1,726,601 $1,726,601 $1,726,601 Reserved Fund Balances $83,091 $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 $83,091 Intergovernmental Transfers $1,371,273 $1,371,273 $1,371,273 Intergovernmental Transfers Not Itemized $1,371,273 $1,371,273 $1,371,273 Sales and Services $272,237 $272,237 $272,237 Sales and Services Not Itemized $272,237 $272,237 $272,237 TOTAL PUBLIC FUNDS $5,130,355 $5,099,156 $5,084,744 $1,548,904 $1,548,904 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $4,887,307 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 $1,058,445 $1,058,445 $1,058,445 $1,058,445 State General Funds $1,058,445 $1,058,445 $1,058,445 $1,058,445 TOTAL FEDERAL FUNDS $6,000 $6,000 $6,000 $6,000 Federal Funds Not Itemized $6,000 $6,000 $6,000 $6,000 TOTAL AGENCY FUNDS $3,380,480 $3,380,480 $3,380,480 $3,380,480 Reserved Fund Balances $3,380,480 $3,380,480 $3,380,480 $3,380,480 Reserved Fund Balances Not Itemized $3,380,480 $3,380,480 $3,380,480 $3,380,480 TOTAL PUBLIC FUNDS $4,444,925 $4,444,925 $4,444,925 $4,444,925 53.1 Defer the FY09 cost of living adjustment. 3232 JOURNAL OF THE SENATE State General Funds ($7,328) ($7,328) ($7,328) ($7,328) 53.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($31,287) ($34,430) ($29,753) $0 53.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($571) ($571) ($571) ($571) 53.4 Reduce funds by eliminating one vacant human services program auditor position. State General Funds ($53,000) ($53,000) ($53,000) ($53,000) 53.5 Reduce funds from contracts for the litter initiative studies. State General Funds ($56,000) ($56,000) ($56,000) ($56,000) 53.6 Reduce funds from operations. State General Funds ($7,255) ($7,255) ($7,255) ($7,255) 53.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,907) $0 $0 53.8 Reduce funds from the litter clean-up and prevention program. State General Funds ($100,000) ($100,000) 53.9 Reduce funds to reflect expected revenues. Reserved Fund Balances Not Itemized ($2,940,980) 53.99 SAC: The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical assistance, resources, and tools to local governments for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues. State General Funds $0 53.100-Environmental Education and Assistance Appropriation (HB 119) The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical WEDNESDAY, APRIL 1, 2009 3233 assistance, resources, and tools to local governments for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues. TOTAL STATE FUNDS $903,004 $886,954 $804,538 $834,291 State General Funds $903,004 $886,954 $804,538 $834,291 TOTAL FEDERAL FUNDS $6,000 $6,000 $6,000 $6,000 Federal Funds Not Itemized $6,000 $6,000 $6,000 $6,000 TOTAL AGENCY FUNDS $3,380,480 $3,380,480 $3,380,480 $439,500 Reserved Fund Balances $3,380,480 $3,380,480 $3,380,480 $439,500 Reserved Fund Balances Not Itemized $3,380,480 $3,380,480 $3,380,480 $439,500 TOTAL PUBLIC FUNDS $4,289,484 $4,273,434 $4,191,018 $1,279,791 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 $2,066,924 $2,066,924 $2,066,924 $2,066,924 State General Funds $2,066,924 $2,066,924 $2,066,924 $2,066,924 TOTAL FEDERAL FUNDS $45,085,410 $45,085,410 $45,085,410 $45,085,410 Federal Funds Not Itemized $45,085,410 $45,085,410 $45,085,410 $45,085,410 TOTAL AGENCY FUNDS $309,587 $309,587 $309,587 $309,587 Intergovernmental Transfers $243,318 $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 $243,318 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 $47,461,921 $47,461,921 $47,461,921 $47,461,921 54.1 Defer the FY09 cost of living adjustment. State General Funds ($20,467) ($20,467) ($20,467) ($20,467) 54.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($34,363) ($37,815) ($32,678) $0 3234 JOURNAL OF THE SENATE 54.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($1,032) ($1,032) ($1,032) ($1,032) 54.4 Reduce funds by eliminating one vacant assistant commissioner position. State General Funds ($167,971) ($167,971) ($167,971) ($167,971) 54.5 Reduce funds from personnel. (S:Reduce funds from operations) State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 54.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($100,000) $0 $0 54.7 Reduce funds from the Hands on Georgia Challenge grants. State General Funds ($100,000) ($200,000) 54.99 SAC: The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. State General Funds $0 54.100-Federal Community and Economic Development Programs Appropriation (HB 119) The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. TOTAL STATE FUNDS $1,803,091 $1,699,639 $1,704,776 $1,637,454 State General Funds $1,803,091 $1,699,639 $1,704,776 $1,637,454 TOTAL FEDERAL FUNDS $45,085,410 $45,085,410 $45,085,410 $45,085,410 Federal Funds Not Itemized $45,085,410 $45,085,410 $45,085,410 $45,085,410 TOTAL AGENCY FUNDS $309,587 $309,587 $309,587 $309,587 Intergovernmental Transfers $243,318 $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 $243,318 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 $47,198,088 $47,094,636 $47,099,773 $47,032,451 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. WEDNESDAY, APRIL 1, 2009 3235 TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 TOTAL FEDERAL FUNDS $794,163 $794,163 $794,163 $794,163 Federal Funds Not Itemized $794,163 $794,163 $794,163 $794,163 TOTAL AGENCY FUNDS $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers Not Itemized $3,837,828 $3,837,828 $3,837,828 $3,837,828 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 $4,631,991 55.99 SAC: The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers. State General Funds $0 55.100-Homeownership Programs Appropriation (HB 119) The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers. TOTAL FEDERAL FUNDS $794,163 $794,163 $794,163 $794,163 Federal Funds Not Itemized $794,163 $794,163 $794,163 $794,163 TOTAL AGENCY FUNDS $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers Not Itemized $3,837,828 $3,837,828 $3,837,828 $3,837,828 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 $6,000,000 $6,000,000 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 $6,000,000 $6,000,000 3236 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 56.1 Eliminate one-time funds received in HB990 (FY09G) for Local Assistance Grants. State General Funds ($6,000,000) ($6,000,000) $6,000,000 ($6,000,000) $6,000,000 ($6,000,000) Regional Services Continuation Budget 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 $2,435,333 $2,435,333 $2,435,333 $2,435,333 State General Funds $2,435,333 $2,435,333 $2,435,333 $2,435,333 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 $2,935,333 $2,935,333 $2,935,333 $2,935,333 57.1 Defer the FY09 cost of living adjustment. State General Funds ($17,999) ($17,999) ($17,999) ($17,999) 57.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($66,009) ($72,639) ($62,771) $0 57.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($631) ($631) ($631) ($631) 57.4 Reduce funds from grants for local governments through the Signature Communities program. (H and S:Reduce funds from grants for local governments through the Signature Communities and Communities of Opportunity programs and fund Communities of Opportunity grants through the OneGeorgia Authority) State General Funds ($175,000) ($175,000) ($350,000) ($350,000) Intergovernmental Transfers Not Itemized $175,000 $175,000 TOTAL PUBLIC FUNDS ($175,000) ($175,000) 57.5 Reduce funds by eliminating one vacant resource coordinator position. State General Funds ($38,495) ($38,495) ($38,495) ($38,495) WEDNESDAY, APRIL 1, 2009 3237 57.6 Reduce one-time funds received in HB990 (FY09G) for the Georgia Rural Water Association Fluoridation program. (S:Transfer funds ($50,000) to Georgia Environmental Facilities Authority) State General Funds ($100,000) ($100,000) ($50,000) ($100,000) 57.7 Reduce funds from contracts for leadership development. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 57.8 Reduce funds from operations. State General Funds ($27,389) ($27,389) ($27,389) ($27,389) 57.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($28,370) $0 $0 57.10 Reduce funds and transfer two rural economic development positions to the OneGeorgia Authority. State General Funds ($169,960) 57.99 SAC: The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments. State General Funds $0 57.100-Regional Services Appropriation (HB 119) The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments. TOTAL STATE FUNDS $1,984,810 $1,949,810 $1,863,048 $1,705,859 State General Funds $1,984,810 $1,949,810 $1,863,048 $1,705,859 TOTAL AGENCY FUNDS $500,000 $500,000 $675,000 $675,000 Intergovernmental Transfers $500,000 $500,000 $675,000 $675,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $675,000 $675,000 TOTAL PUBLIC FUNDS $2,484,810 $2,449,810 $2,538,048 $2,380,859 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 3238 JOURNAL OF THE SENATE 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 $118,208,730 $118,208,730 $118,208,730 $118,208,730 Federal Funds Not Itemized $118,208,730 $118,208,730 $118,208,730 $118,208,730 TOTAL AGENCY FUNDS $3,067,096 $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers $2,520,875 $2,520,875 $2,520,875 $2,520,875 Intergovernmental Transfers Not Itemized $2,520,875 $2,520,875 $2,520,875 $2,520,875 Rebates, Refunds, and Reimbursements $546,221 $546,221 $546,221 $546,221 Rebates, Refunds, and Reimbursements Not Itemized $546,221 $546,221 $546,221 $546,221 TOTAL PUBLIC FUNDS $124,563,655 $124,563,655 $124,563,655 $124,563,655 58.1 Reduce funds from the state match for the federal Affordable HOME program. State General Funds ($322,452) ($322,452) ($322,452) ($322,452) 58.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($42,387) $0 $0 58.99 SAC: 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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market. State General Funds $0 58.100-Rental Housing Programs Appropriation (HB 119) 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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market. TOTAL STATE FUNDS $2,965,377 $2,922,990 $2,965,377 $2,965,377 State General Funds $2,965,377 $2,922,990 $2,965,377 $2,965,377 TOTAL FEDERAL FUNDS $118,208,730 $118,208,730 $118,208,730 $118,208,730 Federal Funds Not Itemized $118,208,730 $118,208,730 $118,208,730 $118,208,730 TOTAL AGENCY FUNDS $3,067,096 $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers $2,520,875 $2,520,875 $2,520,875 $2,520,875 Intergovernmental Transfers Not Itemized $2,520,875 $2,520,875 $2,520,875 $2,520,875 WEDNESDAY, APRIL 1, 2009 3239 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $546,221 $546,221 $124,241,203 $546,221 $546,221 $124,198,816 $546,221 $546,221 $124,241,203 $546,221 $546,221 $124,241,203 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 $629,847 $629,847 $629,847 $629,847 State General Funds $629,847 $629,847 $629,847 $629,847 TOTAL AGENCY FUNDS $24,163 $24,163 $24,163 $24,163 Sales and Services $24,163 $24,163 $24,163 $24,163 Sales and Services Not Itemized $24,163 $24,163 $24,163 $24,163 TOTAL PUBLIC FUNDS $654,010 $654,010 $654,010 $654,010 59.1 Defer the FY09 cost of living adjustment. State General Funds ($6,000) ($6,000) ($6,000) ($6,000) 59.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($18,367) ($20,212) ($17,466) $0 59.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($282) ($282) ($282) ($282) 59.4 Reduce funds by eliminating temporary positions. State General Funds ($17,500) ($17,500) ($17,500) ($17,500) 59.5 Reduce funds from contracts for data collection and database management. State General Funds ($20,693) ($20,693) ($20,693) ($20,693) 59.6 Reduce funds from operations. State General Funds ($24,000) ($24,000) ($24,000) ($24,000) 59.7 Reduce funds from one senior information specialist position and fund with other funds. State General Funds ($76,003) ($76,003) ($76,003) ($76,003) 3240 JOURNAL OF THE SENATE 59.99 SAC: The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law. State General Funds $0 59.100-Research and Surveys Appropriation (HB 119) The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law. TOTAL STATE FUNDS $467,002 $465,157 $467,903 $485,369 State General Funds $467,002 $465,157 $467,903 $485,369 TOTAL AGENCY FUNDS $24,163 $24,163 $24,163 $24,163 Sales and Services $24,163 $24,163 $24,163 $24,163 Sales and Services Not Itemized $24,163 $24,163 $24,163 $24,163 TOTAL PUBLIC FUNDS $491,165 $489,320 $492,066 $509,532 Special Housing Initiatives Continuation Budget The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS $3,632,892 $3,632,892 $3,632,892 $3,632,892 State General Funds $3,632,892 $3,632,892 $3,632,892 $3,632,892 TOTAL FEDERAL FUNDS $1,354,596 $1,354,596 $1,354,596 $1,354,596 Federal Funds Not Itemized $1,254,596 $1,254,596 $1,254,596 $1,254,596 Temporary Assistance for Needy Families $100,000 $100,000 $100,000 $100,000 Temporary Assistance for Needy Families Grant CFDA93.558 $100,000 $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $1,107,466 $1,107,466 $1,107,466 $1,107,466 Reserved Fund Balances $11,512 $11,512 $11,512 $11,512 Reserved Fund Balances Not Itemized $11,512 $11,512 $11,512 $11,512 Intergovernmental Transfers $110,949 $110,949 $110,949 $110,949 Intergovernmental Transfers Not Itemized $110,949 $110,949 $110,949 $110,949 Sales and Services $985,005 $985,005 $985,005 $985,005 Sales and Services Not Itemized $985,005 $985,005 $985,005 $985,005 TOTAL PUBLIC FUNDS $6,094,954 $6,094,954 $6,094,954 $6,094,954 60.1 Reduce one-time funds received in HB990 (FY09G) for the State Housing Trust Fund for contract caseworkers to assist homeless families in achieving housing stability. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) WEDNESDAY, APRIL 1, 2009 3241 60.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($47,640) $0 $0 60.3 Reduce funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($100,000) 60.99 SAC: The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an affordable housing plan; and to provide for other special housing initiatives. State General Funds $0 60.100-Special Housing Initiatives Appropriation (HB 119) The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an affordable housing plan; and to provide for other special housing initiatives. TOTAL STATE FUNDS $3,332,892 $3,285,252 $3,332,892 $3,332,892 State General Funds $3,332,892 $3,285,252 $3,332,892 $3,332,892 TOTAL FEDERAL FUNDS $1,354,596 $1,354,596 $1,354,596 $1,254,596 Federal Funds Not Itemized $1,254,596 $1,254,596 $1,254,596 $1,254,596 Temporary Assistance for Needy Families $100,000 $100,000 $100,000 Temporary Assistance for Needy Families Grant CFDA93.558 $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $1,107,466 $1,107,466 $1,107,466 $1,107,466 Reserved Fund Balances $11,512 $11,512 $11,512 $11,512 Reserved Fund Balances Not Itemized $11,512 $11,512 $11,512 $11,512 Intergovernmental Transfers $110,949 $110,949 $110,949 $110,949 Intergovernmental Transfers Not Itemized $110,949 $110,949 $110,949 $110,949 Sales and Services $985,005 $985,005 $985,005 $985,005 Sales and Services Not Itemized $985,005 $985,005 $985,005 $985,005 TOTAL PUBLIC FUNDS $5,794,954 $5,747,314 $5,794,954 $5,694,954 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 $2,395,728 $2,395,728 $2,395,728 $2,395,728 3242 JOURNAL OF THE SENATE State General Funds $2,395,728 $2,395,728 $2,395,728 $2,395,728 TOTAL FEDERAL FUNDS $5,000 $5,000 $5,000 $5,000 Federal Funds Not Itemized $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $2,400,728 $2,400,728 $2,400,728 $2,400,728 61.1 Defer the FY09 cost of living adjustment. State General Funds ($11,999) ($11,999) ($11,999) ($11,999) 61.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($38,591) ($42,467) ($36,698) $0 61.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($845) ($845) ($845) ($845) 61.4 Reduce one-time funds received in HB990 (FY09G) for an Emergency Operations Center Facility in Fayette County. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 61.5 Reduce one-time funds received in HB990 (FY09G) for the construction of an Americans with Disabilities Act (ADA) compliant regional athletic facility in Hall County. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 61.6 Reduce one-time funds received in HB990 (FY09G) for the City of Porterdale Community Center Gymnasium reconstruction. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 61.7 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Tift County Multipurpose Livestock Building. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 61.8 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Jeff Davis County Multipurpose Livestock Building. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) 61.9 Reduce funds from the Rural Development Council. (S:Reduce funds and fund through the OneGeorgia Authority) State General Funds ($20,000) ($20,000) $0 ($121,153) Intergovernmental Transfers Not Itemized $121,153 TOTAL PUBLIC FUNDS $0 61.10 Increase funds for operations. (S:Reduce funds) WEDNESDAY, APRIL 1, 2009 3243 State General Funds $49,552 ($60,352) 61.99 SAC: The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to champion new development opportunities for rural Georgia through the Rural Development Council. State General Funds $0 61.100-State Community Development Programs Appropriation (HB 119) The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to champion new development opportunities for rural Georgia through the Rural Development Council. TOTAL STATE FUNDS $1,324,293 $1,320,417 $1,395,738 $1,201,379 State General Funds $1,324,293 $1,320,417 $1,395,738 $1,201,379 TOTAL FEDERAL FUNDS $5,000 $5,000 $5,000 $5,000 Federal Funds Not Itemized $5,000 $5,000 $5,000 $5,000 TOTAL AGENCY FUNDS $121,153 Intergovernmental Transfers $121,153 Intergovernmental Transfers Not Itemized $121,153 TOTAL PUBLIC FUNDS $1,329,293 $1,325,417 $1,400,738 $1,327,532 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 $8,939,055 $8,939,055 $8,939,055 $8,939,055 State General Funds $8,939,055 $8,939,055 $8,939,055 $8,939,055 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $9,107,323 $9,107,323 $9,107,323 $9,107,323 62.1 Defer the FY09 cost of living adjustment. State General Funds ($1,063) ($1,063) ($1,063) ($1,063) 62.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of 3244 JOURNAL OF THE SENATE State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,344) ($2,579) ($2,229) $0 62.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($354) ($354) ($354) ($354) 62.4 Eliminate funds from the Georgia Cities program due to the fulfillment of the state's commitment to provide a dollar for dollar match with a private foundation. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 62.5 Reduce funds from the Life Sciences Facilities Fund (LSFF). (S:Eliminate the LSFF and transfer remaining reserves to the Regional Economic Business Assistance program) State General Funds ($4,403,282) ($4,403,282) ($4,403,282) ($4,403,282) 62.6 Transfer funds from the Department of Economic Development for the Appalachian Community Enterprise contract for micro- enterprise loans. State General Funds $75,000 $75,000 $75,000 $75,000 62.99 SAC: The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and promote economic development and job creation. State General Funds $0 62.100-State Economic Development Program Appropriation (HB 119) The purpose of this appropriation is to provide grants and loans to local governments and businesses in order to attract and promote economic development and job creation and to leverage private investment. TOTAL STATE FUNDS $3,107,012 $3,106,777 $3,107,127 $3,109,356 State General Funds $3,107,012 $3,106,777 $3,107,127 $3,109,356 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $3,275,280 $3,275,045 $3,275,395 $3,277,624 WEDNESDAY, APRIL 1, 2009 3245 Payments to Georgia Environmental Facilities Authority Continuation Budget The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $11,725,014 $11,725,014 $11,725,014 $11,725,014 State General Funds $11,725,014 $11,725,014 $11,725,014 $11,725,014 TOTAL PUBLIC FUNDS $11,725,014 $11,725,014 $11,725,014 $11,725,014 63.1 Reduce funds from the Land Conservation program and fund only local Land Conservation grants. (H and S:Reduce funds from the Land Conservation program) State General Funds ($5,000,000) ($5,000,000) ($10,000,000) ($10,000,000) 63.2 Reduce funds from water and sewer infrastructure grants. State General Funds ($350,000) ($350,000) ($350,000) ($350,000) 63.3 Reduce funds from the Georgia Rural Water Association. (S:Transfer funds ($50,000) from the Department of Community Affairs for the Georgia Rural Water Association Fluoridation program) State General Funds ($100,000) ($100,000) ($50,000) $0 63.4 Reduce funds from the State Energy and Utilities program. State General Funds ($253,001) ($253,001) ($253,001) ($453,001) 63.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($14,818) ($12,804) $0 63.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($60,220) ($60,220) ($60,220) 63.100-Payments to Georgia Environmental Facilities Authority Appropriation (HB 119) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $6,022,013 $5,946,975 $998,989 $861,793 State General Funds $6,022,013 $5,946,975 $998,989 $861,793 TOTAL PUBLIC FUNDS $6,022,013 $5,946,975 $998,989 $861,793 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. 3246 JOURNAL OF THE SENATE TOTAL STATE FUNDS $4,857,300 $4,857,300 $4,857,300 $4,857,300 State General Funds $4,857,300 $4,857,300 $4,857,300 $4,857,300 TOTAL PUBLIC FUNDS $4,857,300 $4,857,300 $4,857,300 $4,857,300 64.1 Defer the FY09 cost of living adjustment. State General Funds ($52,736) ($52,736) ($52,736) ($52,736) 64.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($119,377) ($147,841) ($127,756) $0 64.3 Reduce funds from operations and utilize existing funds. State General Funds ($398,517) ($398,517) ($398,517) ($398,517) 64.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($42,867) ($42,867) ($42,867) 64.99 SAC: The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact. State General Funds $0 64.100-Payments to Georgia Regional Transportation Authority Appropriation (HB 119) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact. TOTAL STATE FUNDS $4,286,670 $4,215,339 $4,235,424 $4,363,180 State General Funds $4,286,670 $4,215,339 $4,235,424 $4,363,180 TOTAL PUBLIC FUNDS $4,286,670 $4,215,339 $4,235,424 $4,363,180 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 State General Funds $47,123,333 $47,123,333 $0 WEDNESDAY, APRIL 1, 2009 3247 Tobacco Settlement Funds $47,123,333 $47,123,333 $47,123,333 $47,123,333 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 $47,123,333 65.1 Reduce funds from grant programs and utilize existing agency funds. Tobacco Settlement Funds ($47,123,333) ($47,123,333) ($47,123,333) ($47,123,333) 65.2 Transfer funds for implementation grants for the Communities of Opportunity program to the Department of Community Affairs using existing funds. (S:YES) Tobacco Settlement Funds $0 65.3 Transfer two rural economic development positions from the Department of Community Affairs and fund with existing funds. (S:YES) Tobacco Settlement Funds $0 65.4 Transfer funds for the Rural Development Council to the Department of Community Affairs using existing funds. (S:YES) Tobacco Settlement Funds $0 Section 16: Community Health, Department of Section Total - Continuation 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 $2,514,291,820 $2,514,291,820 $2,514,291,820 $2,514,291,820 $2,452,718,164 $2,452,718,164 $2,452,718,164 $2,452,718,164 $61,573,656 $61,573,656 $61,573,656 $61,573,656 $5,556,721,455 $5,556,721,455 $5,556,721,455 $5,556,721,455 $5,238,720,909 $5,238,720,909 $5,238,720,909 $5,238,720,909 $318,000,546 $318,000,546 $318,000,546 $318,000,546 $451,836,140 $451,836,140 $451,836,140 $451,836,140 $235,246,152 $235,246,152 $235,246,152 $235,246,152 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $2,532,160 $2,532,160 $2,532,160 $2,532,160 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440 $11,500,417,855 $11,500,417,855 $11,500,417,855 $11,500,417,855 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Section Total - Final $2,727,115,629 $1,977,200,730 $2,475,053,872 $1,711,869,005 $252,061,757 $265,331,725 $1,942,559,939 $1,677,228,214 $265,331,725 $2,070,140,250 $1,639,754,685 $265,331,725 3248 JOURNAL OF THE SENATE Nursing Home Provider Fees Care Management Organization Fees TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $122,528,939 $42,524,901 $5,718,165,978 $5,781,029,865 $6,366,421,846 $6,201,023,274 $4,273,742 $4,273,742 $4,273,742 $5,770,585 $5,405,605,751 $5,499,086,094 $6,043,751,310 $5,882,627,064 $308,286,485 $277,670,029 $318,396,794 $312,625,625 $216,662,537 $216,662,537 $216,662,537 $228,226,232 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $2,604,709 $2,604,709 $2,604,709 $2,604,709 $11,563,695 $3,120,613,037 $3,079,844,591 $3,113,888,363 $2,945,602,254 $3,120,613,037 $3,079,844,591 $3,113,888,363 $2,945,602,254 $11,782,557,181 $11,054,737,723 $11,639,532,685 $11,444,992,010 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 $2,394,849 $2,394,849 $2,394,849 $2,394,849 State General Funds $2,394,849 $2,394,849 $2,394,849 $2,394,849 TOTAL PUBLIC FUNDS $2,394,849 $2,394,849 $2,394,849 $2,394,849 66.1 Defer the FY09 cost of living adjustment. State General Funds ($25,270) ($25,270) ($25,270) ($25,270) 66.2 Defer structure adjustments to the statewide salary plan. State General Funds ($282) ($282) ($282) ($282) 66.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($59,975) ($78,012) ($67,413) $0 66.4 Reduce funds by eliminating one medical board agent position and one applications specialist position. State General Funds ($102,461) ($102,461) ($102,461) ($102,461) WEDNESDAY, APRIL 1, 2009 3249 66.5 Reduce funds from case reviews and medical peer reviews. State General Funds ($84,000) ($84,000) ($84,000) ($84,000) 66.6 Reduce funds from hearing-related expenses. State General Funds ($44,471) ($44,471) ($44,471) ($44,471) 66.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($20,784) ($20,784) ($20,784) 66.99 SAC: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. State General Funds $0 66.100-Composite Board of Medical Examiners Appropriation (HB 119) The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. TOTAL STATE FUNDS $2,078,390 $2,039,569 $2,050,168 $2,117,581 State General Funds $2,078,390 $2,039,569 $2,050,168 $2,117,581 TOTAL PUBLIC FUNDS $2,078,390 $2,039,569 $2,050,168 $2,117,581 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $106,922,412 $106,922,412 $106,922,412 State General Funds $106,922,412 $106,922,412 $106,922,412 TOTAL FEDERAL FUNDS $302,341,919 $302,341,919 $302,341,919 Medical Assistance Program CFDA93.778 $279,187,884 $279,187,884 $279,187,884 State Children's Insurance Program CFDA93.767 $23,154,035 $23,154,035 $23,154,035 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,313,482 $22,313,482 $22,313,482 State Funds Transfers $22,313,482 $22,313,482 $22,313,482 $106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035 $232,160 $232,160 $232,160 $22,313,482 $22,313,482 3250 JOURNAL OF THE SENATE Health Insurance Payments $22,313,482 $22,313,482 $22,313,482 $22,313,482 TOTAL PUBLIC FUNDS $431,809,973 $431,809,973 $431,809,973 $431,809,973 67.1 Defer the FY09 cost of living adjustment. State General Funds ($224,411) ($219,490) ($219,490) ($219,490) Medical Assistance Program CFDA93.778 ($197,775) ($197,775) ($197,775) ($197,775) Health Insurance Payments ($87,814) ($87,814) ($87,814) ($87,814) TOTAL PUBLIC FUNDS ($510,000) ($505,079) ($505,079) ($505,079) 67.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($492,561) ($503,785) ($435,342) $0 Medical Assistance Program CFDA93.778 ($506,660) ($513,409) ($513,409) $0 Health Insurance Payments ($225,335) ($223,675) ($223,675) $0 TOTAL PUBLIC FUNDS ($1,224,556) ($1,240,869) ($1,172,426) $0 67.3 Defer funds for structure adjustments to the statewide salary plan. State General Funds ($4,921) ($4,921) ($4,921) 67.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($179,962) ($179,962) ($179,962) ($179,962) 67.5 Reduce funds from under-utilized contracts. State General Funds ($11,159,425) ($11,159,425) ($11,159,425) ($11,159,425) Medical Assistance Program CFDA93.778 ($16,805,062) ($16,805,062) ($16,805,062) ($16,805,062) TOTAL PUBLIC FUNDS ($27,964,487) ($27,964,487) ($27,964,487) ($27,964,487) 67.6 Reduce funds by maintaining vacant positions. State General Funds ($1,064,215) ($1,064,215) ($1,064,215) ($1,064,215) Medical Assistance Program CFDA93.778 ($1,064,215) ($1,064,215) ($1,064,215) ($1,064,215) TOTAL PUBLIC FUNDS ($2,128,430) ($2,128,430) ($2,128,430) ($2,128,430) 67.7 Reduce funds from operations. State General Funds ($1,389,179) ($1,389,179) ($1,389,179) ($1,389,179) Medical Assistance Program CFDA93.778 ($1,389,180) ($1,389,180) ($1,389,180) ($1,389,180) WEDNESDAY, APRIL 1, 2009 3251 TOTAL PUBLIC FUNDS ($2,778,359) ($2,778,359) ($2,778,359) ($2,778,359) 67.8 Reduce funds from the Health Information Exchange (HIE) pilot projects. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 67.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,103) ($1,103) 67.10 Increase funds for the application of a family planning waiver to provide family planning services to women at the same eligibility level (200% of the federal poverty level) as current pregnancy services are provided. State General Funds $25,000 $25,000 Medical Assistance Program CFDA93.778 $25,000 $25,000 TOTAL PUBLIC FUNDS $50,000 $50,000 67.11 Evaluate the cost effectiveness of the new Medicaid Management Information System (MMIS) contract. (S:YES) State General Funds $0 67.97 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources (DHR) per SB433 (2008 Session). State General Funds $378,066 $378,066 $378,066 $378,066 Federal Funds Not Itemized $193,142 $193,142 $193,142 $193,142 Medical Assistance Program CFDA93.778 $176,125 $176,125 $176,125 $176,125 TOTAL PUBLIC FUNDS $747,333 $747,333 $747,333 $747,333 67.98 Transfer funds for additional administrative overhead for the Office of Regulatory Services from the Department of Human Resources. State General Funds $107,129 Federal Funds Not Itemized $55,538 TOTAL PUBLIC FUNDS $162,667 67.100-Departmental Administration and Program Support Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $91,790,725 $91,779,501 $91,871,841 State General Funds $91,790,725 $91,779,501 $91,871,841 TOTAL FEDERAL FUNDS $282,748,294 $282,741,545 $282,766,545 Federal Funds Not Itemized $193,142 $193,142 $193,142 Medical Assistance Program CFDA93.778 $259,401,117 $259,394,368 $259,419,368 State Children's Insurance Program CFDA93.767 $23,154,035 $23,154,035 $23,154,035 TOTAL AGENCY FUNDS $232,160 $232,160 $232,160 $92,414,312 $92,414,312 $283,335,492 $248,680 $259,932,777 $23,154,035 $232,160 3252 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $232,160 $232,160 $22,000,333 $22,000,333 $22,000,333 $396,771,512 $232,160 $232,160 $22,001,993 $22,001,993 $22,001,993 $396,755,199 $232,160 $232,160 $22,001,993 $22,001,993 $22,001,993 $396,872,539 $232,160 $232,160 $22,225,668 $22,225,668 $22,225,668 $398,207,632 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 $25,584,060 $25,584,060 $25,584,060 $25,584,060 State General Funds $14,984,060 $14,984,060 $14,984,060 $14,984,060 Tobacco Settlement Funds $10,600,000 $10,600,000 $10,600,000 $10,600,000 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 $26,272,898 $26,272,898 $26,272,898 $26,272,898 68.1 Defer the FY09 cost of living adjustment. State General Funds ($6,488) ($6,488) ($6,488) ($6,488) 68.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($99,940) ($199,874) ($172,720) $0 Medical Assistance Program CFDA93.778 ($234,635) ($202,758) $0 TOTAL PUBLIC FUNDS ($434,509) ($375,478) $0 68.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($361) ($361) ($361) ($361) 68.4 Reduce funds received in HB990 (FY09G) and defer the contracts with the Georgia Association of Primary Health Care. WEDNESDAY, APRIL 1, 2009 3253 (H:Provide funding for the expansion of the Federally Qualified Community Health Centers (FQHCs))(S:Increase funds for four "new start" FQHC sites and for Behavioral Health integration at four existing FQHCs with priority given to those sites that are most ready as designated by the Georgia Association of Primary Health Care) State General Funds ($2,000,000) ($2,000,000) $0 $0 68.5 Reduce funds received in HB990 (FY09G) and defer the implementation of the Wellness Incentive Pilot program. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 68.6 Reduce funds received in HB990 (FY09G) and defer the implementation of the Safety Net Clinics. State General Funds ($950,000) ($950,000) ($950,000) ($950,000) 68.7 Reduce funds from the Office of Rural Health Community Service grants. (H and S:Eliminate matching funds for competitive grants to local communities for alternative approaches to healthcare delivery) State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 68.8 Eliminate funds received in HB990 (FY09G) to operate the Georgia Health Marketplace Authority, the Georgia Health Marketing Fund, and to design the Marketplace website. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000) 68.9 Reduce funds received in HB990 (FY09G) and defer the Southeastern Firefighter's Burn Foundation grant. (H and S:Provide $250,000 to the Southeastern Firefighter's Burn Foundation) State General Funds ($500,000) ($500,000) ($250,000) ($250,000) 68.10 Reduce funds to reflect completion of the four-year commitment to support Hughes Spalding Children's Hospital. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 68.11 Reduce funds received in HB990 (FY09G) and defer the Rural Health Initiative. Tobacco Settlement Funds ($10,600,000) ($10,600,000) ($10,600,000) ($10,600,000) 68.98 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources per SB433 (2008 Session). (S:Transfer funds and activities to the new Planning and Regulatory Services program) State General Funds $5,613,279 $5,613,279 $5,613,279 $0 Federal Funds Not Itemized $4,080,600 $4,080,600 $4,080,600 $0 Medical Assistance Program CFDA93.778 $2,939,995 $2,939,995 $2,939,995 $0 Sales and Services Not Itemized $72,549 $72,549 $72,549 $0 TOTAL PUBLIC FUNDS $12,706,423 $12,706,423 $12,706,423 $0 68.99 SAC: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. State General Funds $0 3254 JOURNAL OF THE SENATE 68.100-Health Care Access and Improvement Appropriation (HB 119) The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS $12,890,550 $12,790,616 $15,067,770 $9,627,211 State General Funds $12,890,550 $12,790,616 $15,067,770 $9,627,211 TOTAL FEDERAL FUNDS $7,609,433 $7,374,798 $7,406,675 $588,838 Federal Funds Not Itemized $4,080,600 $4,080,600 $4,080,600 Medical Assistance Program CFDA93.778 $3,528,833 $3,294,198 $3,326,075 $588,838 TOTAL AGENCY FUNDS $172,549 $172,549 $172,549 $100,000 Sales and Services $172,549 $172,549 $172,549 $100,000 Sales and Services Not Itemized $172,549 $172,549 $172,549 $100,000 TOTAL PUBLIC FUNDS $20,672,532 $20,337,963 $22,646,994 $10,316,049 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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL FEDERAL FUNDS $257,075,969 $257,075,969 $257,075,969 $257,075,969 Medical Assistance Program CFDA93.778 $257,075,969 $257,075,969 $257,075,969 $257,075,969 TOTAL AGENCY FUNDS $141,586,524 $141,586,524 $141,586,524 $141,586,524 Intergovernmental Transfers $139,386,524 $139,386,524 $139,386,524 $139,386,524 Hospital Authorities $139,386,524 $139,386,524 $139,386,524 $139,386,524 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 $398,662,493 $398,662,493 $398,662,493 $398,662,493 69.1 Increase funds for the Georgia Trauma Network Commission (GTNC) administered by the Department of Human Resources by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce by $37,000,000 due to the revised revenue estimate) State General Funds $37,000,000 $0 $0 $0 69.2 Increase funds for the Disproportionate Share Hospital (DSH) payments for private deemed and non-deemed hospitals by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce by $13,713,384 due to the revised WEDNESDAY, APRIL 1, 2009 3255 revenue estimate) State General Funds $13,713,384 $0 $0 69.3 Transfer prior year reserves to the Medicaid: Low-Income Medicaid program. Hospital Authorities ($2,700,000) ($2,700,000) ($2,700,000) Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS 69.4 Increase funds to recognize Certificate of Need penalties and interest per OCGA 31-8-153.1. Sanctions, Fines, and Penalties Not Itemized $0 $0 ($2,700,000) ($2,700,000) $11,563,695 69.100-Indigent Care Trust Fund Appropriation (HB 119) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $50,713,384 State General Funds $50,713,384 TOTAL FEDERAL FUNDS $257,075,969 $257,075,969 $257,075,969 $257,075,969 Medical Assistance Program CFDA93.778 $257,075,969 $257,075,969 $257,075,969 $257,075,969 TOTAL AGENCY FUNDS $138,886,524 $138,886,524 $138,886,524 $150,450,219 Intergovernmental Transfers $136,686,524 $136,686,524 $136,686,524 $139,386,524 Hospital Authorities $136,686,524 $136,686,524 $136,686,524 $139,386,524 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 Sanctions, Fines, and Penalties $8,863,695 Sanctions, Fines, and Penalties Not Itemized $8,863,695 TOTAL PUBLIC FUNDS $446,675,877 $395,962,493 $395,962,493 $407,526,188 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 $1,138,859,171 $1,138,859,171 $1,138,859,171 $1,138,859,171 State General Funds $1,138,859,171 $1,138,859,171 $1,138,859,171 $1,138,859,171 TOTAL FEDERAL FUNDS $2,466,570,737 $2,466,570,737 $2,466,570,737 $2,466,570,737 Medical Assistance Program CFDA93.778 $2,466,570,737 $2,466,570,737 $2,466,570,737 $2,466,570,737 TOTAL AGENCY FUNDS $126,215,406 $126,215,406 $126,215,406 $126,215,406 Reserved Fund Balances $63,872,418 $63,872,418 $63,872,418 $63,872,418 3256 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized $63,872,418 $63,872,418 $63,872,418 $63,872,418 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 $267,288,632 $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $3,998,933,946 $3,998,933,946 $3,998,933,946 $3,998,933,946 70.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment. State General Funds ($1,066,339) ($1,066,339) ($1,066,339) ($1,066,339) Medical Assistance Program CFDA93.778 ($1,984,703) ($1,984,703) ($1,984,703) ($1,984,703) TOTAL PUBLIC FUNDS ($3,051,042) ($3,051,042) ($3,051,042) ($3,051,042) 70.2 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs. State General Funds ($3,886,521) ($3,886,521) ($3,886,521) ($3,886,521) Medical Assistance Program CFDA93.778 ($7,233,711) ($7,233,711) ($7,233,711) ($7,233,711) TOTAL PUBLIC FUNDS ($11,120,232) ($11,120,232) ($11,120,232) ($11,120,232) 70.3 Increase funds for 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person (MFP) grant. State General Funds $1,572,750 $1,572,750 $1,572,750 $1,572,750 Medical Assistance Program CFDA93.778 $2,914,091 $2,914,091 $2,914,091 $2,914,091 TOTAL PUBLIC FUNDS $4,486,841 $4,486,841 $4,486,841 $4,486,841 70.4 Reduce funds due to savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers. State General Funds ($1,558,761) ($1,558,761) ($1,599,346) ($1,599,346) Medical Assistance Program CFDA93.778 ($2,888,171) ($2,888,171) ($3,008,766) ($3,008,766) TOTAL PUBLIC FUNDS ($4,446,932) ($4,446,932) ($4,608,112) ($4,608,112) 70.5 Increase funds for benefits growth. State General Funds $9,896,470 $9,896,470 $9,896,470 $9,896,470 Medical Assistance Program CFDA93.778 $18,378,248 $18,378,248 $18,378,248 $18,378,248 TOTAL PUBLIC FUNDS $28,274,718 $28,274,718 $28,274,718 $28,274,718 70.6 Increase funds to reflect loss of prior year reserves. State General Funds $63,872,418 $63,872,418 $63,872,418 $63,872,418 Reserved Fund Balances Not Itemized ($63,872,418) ($63,872,418) ($63,872,418) ($63,872,418) TOTAL PUBLIC FUNDS $0 $0 $0 $0 70.7 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members. WEDNESDAY, APRIL 1, 2009 3257 State General Funds ($4,865,799) ($4,865,799) ($4,865,799) ($4,865,799) Medical Assistance Program CFDA93.778 ($9,015,662) ($9,015,662) ($9,015,662) ($9,015,662) TOTAL PUBLIC FUNDS ($13,881,461) ($13,881,461) ($13,881,461) ($13,881,461) 70.8 Reduce funds received in HB990 (FY09G) for provider rate increases. (H:Delay the FY09 provider rate increases) State General Funds ($35,083,373) ($35,083,373) ($35,083,373) ($35,083,373) Medical Assistance Program CFDA93.778 ($65,004,703) ($65,004,703) ($65,004,703) ($65,004,703) TOTAL PUBLIC FUNDS ($100,088,076) ($100,088,076) ($100,088,076) ($100,088,076) 70.9 Reduce funds by recognizing additional savings from fraud and abuse recoveries. (S:Reflect additional savings per SB165 (2009 Session)) State General Funds ($1,597,692) ($1,597,692) ($1,597,692) ($8,699,147) Medical Assistance Program CFDA93.778 ($2,960,305) ($2,960,305) ($2,960,305) ($16,118,324) TOTAL PUBLIC FUNDS ($4,557,997) ($4,557,997) ($4,557,997) ($24,817,471) 70.10 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $20,399,713 and Total Funds by $58,197,598 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds $20,399,713 $0 $0 $0 Medical Assistance Program CFDA93.778 $37,797,885 $0 $0 $0 TOTAL PUBLIC FUNDS $58,197,598 $0 $0 $0 70.11 Increase funds to implement the HB990 (FY09G) rate increases for waiver service providers in both the Mental Retardation Waiver Program (MRWP) and the Community Care Service Program (CCSP) administered by the Department of Human Resources by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $3,077,675 and Total Funds by $8,780,187 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds $3,077,675 $0 $0 $0 Medical Assistance Program CFDA93.778 $5,702,512 $0 $0 $0 TOTAL PUBLIC FUNDS $8,780,187 $0 $0 $0 70.12 Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($4,541,253), ambulance ($1,859,804), home health ($1,508,673), Healthcheck ($24,246), digital mammography ($150,686), global maternity ($579,701), and personal support services in the Independent Care Waiver Program (ICWP) ($354,680). (Gov Rev, H, and S:Reduce State General Funds by $9,019,044 and Total Funds by $25,730,103 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds $9,019,044 $0 $0 $0 3258 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 $16,711,059 $0 $0 $0 TOTAL PUBLIC FUNDS $25,730,103 $0 $0 $0 70.13 Increase funds by recognizing new hospital and managed care provider fees to implement the following nursing home increases: Fair rental value ($7,000,000), nursing home cost report updates ($6,207,000), and for the nursing home quality incentive program ($1,793,000). (Gov Rev, H, and S:Reduce State General Funds by $15,000,000 and Total Funds by $42,792,953 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds $15,000,000 $0 $0 $0 Medical Assistance Program CFDA93.778 $27,792,953 $0 $0 $0 TOTAL PUBLIC FUNDS $42,792,953 $0 $0 $0 70.14 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. (Gov Rev:Reflect FMAP adjustments in line 70.15) Medical Assistance Program CFDA93.778 $104,411,891 $0 $104,411,891 $104,411,891 70.15 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($392,816,908) ($321,822,678) ($237,173,527) Medical Assistance Program CFDA93.778 $366,923,626 $321,822,678 $237,173,527 TOTAL PUBLIC FUNDS ($25,893,282) $0 $0 70.16 Reduce funds for payments to inpatient and outpatient hospital providers by 10%. State General Funds ($31,613,233) $0 $0 Medical Assistance Program CFDA93.778 ($58,575,007) $0 $0 TOTAL PUBLIC FUNDS ($90,188,240) $0 $0 70.17 Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, MRWP, Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management. State General Funds ($37,176,548) $0 $0 Medical Assistance Program CFDA93.778 ($68,883,071) $0 $0 TOTAL PUBLIC FUNDS ($106,059,619) $0 $0 70.18 Increase funds for fair rental value ($7,000,000) and quality incentive program ($1,793,000) for nursing homes. (S:Increase funds for fair rental value) State General Funds $8,793,000 $9,393,000 Medical Assistance Program CFDA93.778 $26,127,571 $28,603,659 WEDNESDAY, APRIL 1, 2009 3259 TOTAL PUBLIC FUNDS $34,920,571 $37,996,659 70.19 Reduce funds to realign Medicaid benefit expenditures. State General Funds ($98,579,412) ($98,579,412) Medical Assistance Program CFDA93.778 ($119,654,200) ($119,654,200) TOTAL PUBLIC FUNDS ($218,233,612) ($218,233,612) 70.20 Reduce funds to reflect savings from relocating 10% of long stay ventilator patients out of acute care settings and into skilled nursing facilities. State General Funds ($3,800,000) Medical Assistance Program CFDA93.778 ($7,040,881) TOTAL PUBLIC FUNDS ($10,840,881) 70.21 Transfer funds from the Nursing Home Provider Fees program to reflect where expenditures actually occur and recognize Nursing Home Provider Fees as a state fund source. Nursing Home Provider Fees $122,528,939 Medical Assistance Program CFDA93.778 $218,425,317 TOTAL PUBLIC FUNDS $340,954,256 70.100-Medicaid: Aged, Blind, and Disabled Appropriation (HB 119) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $1,213,638,756 $704,535,635 $754,492,649 $951,369,284 State General Funds $1,213,638,756 $704,535,635 $754,492,649 $828,840,345 Nursing Home Provider Fees $122,528,939 TOTAL FEDERAL FUNDS $2,591,192,121 $2,638,241,369 $2,731,363,166 $2,847,416,520 Medical Assistance Program CFDA93.778 $2,591,192,121 $2,638,241,369 $2,731,363,166 $2,847,416,520 TOTAL AGENCY FUNDS $62,342,988 $62,342,988 $62,342,988 $62,342,988 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 $267,288,632 $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $4,134,462,497 $3,672,408,624 $3,815,487,435 $4,128,417,424 Medicaid: Low-Income Medicaid Continuation Budget The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. 3260 JOURNAL OF THE SENATE TOTAL STATE FUNDS $967,807,351 $967,807,351 $967,807,351 $967,807,351 State General Funds $916,833,695 $916,833,695 $916,833,695 $916,833,695 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $2,020,232,680 $2,020,232,680 $2,020,232,680 $2,020,232,680 Medical Assistance Program CFDA93.778 $2,020,232,680 $2,020,232,680 $2,020,232,680 $2,020,232,680 TOTAL AGENCY FUNDS $153,356,580 $153,356,580 $153,356,580 $153,356,580 Reserved Fund Balances $141,028,264 $141,028,264 $141,028,264 $141,028,264 Reserved Fund Balances Not Itemized $141,028,264 $141,028,264 $141,028,264 $141,028,264 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 $13,416,847 $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,154,813,458 $3,154,813,458 $3,154,813,458 $3,154,813,458 71.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment. State General Funds ($133,661) ($133,661) ($133,661) ($133,661) Medical Assistance Program CFDA93.778 ($247,656) ($247,656) ($247,656) ($247,656) TOTAL PUBLIC FUNDS ($381,317) ($381,317) ($381,317) ($381,317) 71.2 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs. State General Funds ($1,041,478) ($1,041,478) ($1,041,478) ($1,041,478) Medical Assistance Program CFDA93.778 ($1,929,717) ($1,929,717) ($1,929,717) ($1,929,717) TOTAL PUBLIC FUNDS ($2,971,195) ($2,971,195) ($2,971,195) ($2,971,195) 71.3 Reduce funds due to savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers. State General Funds ($1,936,239) ($1,936,239) ($1,986,654) ($1,986,654) Medical Assistance Program CFDA93.778 ($3,587,587) ($3,587,587) ($3,737,390) ($3,737,390) TOTAL PUBLIC FUNDS ($5,523,826) ($5,523,826) ($5,724,044) ($5,724,044) 71.4 Increase funds to reflect benefits growth. State General Funds $7,703,848 $7,703,848 $7,703,848 $7,703,848 Medical Assistance Program CFDA93.778 $14,274,179 $14,274,179 $14,274,179 $14,274,179 TOTAL PUBLIC FUNDS $21,978,027 $21,978,027 $21,978,027 $21,978,027 71.5 Increase funds to reflect the loss of prior-year reserves. State General Funds $141,028,264 $141,028,264 $141,028,264 $141,028,264 WEDNESDAY, APRIL 1, 2009 3261 Reserved Fund Balances Not Itemized ($141,028,264) ($141,028,264) ($141,028,264) ($141,028,264) TOTAL PUBLIC FUNDS $0 $0 $0 $0 71.6 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members. State General Funds ($4,052,454) ($4,052,454) ($4,052,454) ($4,052,454) Medical Assistance Program CFDA93.778 ($7,508,644) ($7,508,644) ($7,508,644) ($7,508,644) TOTAL PUBLIC FUNDS ($11,561,098) ($11,561,098) ($11,561,098) ($11,561,098) 71.7 Replace funds for Medicaid benefits. State General Funds ($201,088,101) ($214,358,069) ($214,358,069) ($214,358,069) Tobacco Settlement Funds $201,088,101 $214,358,069 $214,358,069 $214,358,069 TOTAL PUBLIC FUNDS $0 $0 $0 $0 71.8 Reduce funds received in HB990 (FY09G) for provider rate increases. (H:Delay the FY09 provider rate increases) State General Funds ($22,706,943) ($22,706,943) ($22,706,943) ($22,706,943) Medical Assistance Program CFDA93.778 ($42,072,867) ($42,072,867) ($42,072,867) ($42,072,867) TOTAL PUBLIC FUNDS ($64,779,810) ($64,779,810) ($64,779,810) ($64,779,810) 71.9 Replace funds with prior year reserves transferred from the Indigent Care Trust Fund program. State General Funds ($2,700,000) ($2,700,000) ($2,700,000) ($2,700,000) Hospital Authorities $2,700,000 $2,700,000 $2,700,000 $0 Sanctions, Fines, and Penalties Not Itemized $2,700,000 TOTAL PUBLIC FUNDS $0 $0 $0 $0 71.10 Reduce funds by recognizing additional savings from fraud and abuse recoveries. (S:Reflect additional savings per SB165 (2009 Session)) State General Funds ($260,090) ($260,090) ($260,090) ($1,416,144) Medical Assistance Program CFDA93.778 ($481,911) ($481,911) ($481,911) ($2,623,919) TOTAL PUBLIC FUNDS ($742,001) ($742,001) ($742,001) ($4,040,063) 71.11 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $30,371,205 and Total Funds by $86,644,904 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds $30,371,205 $0 $0 $0 Medical Assistance Program CFDA93.778 $56,273,699 $0 $0 $0 TOTAL PUBLIC FUNDS $86,644,904 $0 $0 $0 71.12 Reduce funds to reflect savings from new hospital and managed care provider fees. (Gov Rev, H, and S:Restore $111,486,829 in State General Funds and $318,056,712 in Total Funds due to the removal of the hospital and CMO provider fees in the revised revenue estimate) 3262 JOURNAL OF THE SENATE State General Funds ($111,486,829) $0 $0 $0 Medical Assistance Program CFDA93.778 ($206,569,883) $0 $0 $0 TOTAL PUBLIC FUNDS ($318,056,712) $0 $0 $0 71.13 Increase funds for projected Medicaid needs by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $166,602,239 and Total Funds by $475,293,457 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds $166,602,239 $0 $0 $0 Medical Assistance Program CFDA93.778 $308,691,218 $0 $0 $0 TOTAL PUBLIC FUNDS $475,293,457 $0 $0 $0 71.14 Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($8,808,522), ambulance ($65,641), home health ($309,251), Healthcheck ($652,395), digital mammography ($297,116), global maternity ($1,654,119), and personal support services in the Independent Care Waiver Program (ICWP) ($918). (Gov Rev, H, and S:Reduce State General Funds by $11,787,963 and Total Funds by $33,629,450 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds $11,787,963 $0 $0 $0 Medical Assistance Program CFDA93.778 $21,841,487 $0 $0 $0 TOTAL PUBLIC FUNDS $33,629,450 $0 $0 $0 71.15 Reduce funds to reflect the revised Care Management Organization (CMO) fee projection based on new rate and updated enrollment. (Gov Rev, H, and S:Reduce state general funds by $6,132,288 and federal funds by $11,362,292 to reflect a revised CMO fee projection of 5.5% for three months) State General Funds ($88,606,260) ($94,738,548) ($94,656,158) ($94,656,158) Medical Assistance Program CFDA93.778 ($164,175,311) ($175,537,603) ($123,552,604) ($123,552,604) TOTAL PUBLIC FUNDS ($252,781,571) ($270,276,151) ($218,208,762) ($218,208,762) 71.16 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. (Gov Rev:Reflect FMAP adjustments in line 71.18) Medical Assistance Program CFDA93.778 $81,242,707 $0 $81,242,707 $81,242,707 71.17 Reduce funds for payments to inpatient and outpatient hospital providers by 10%. State General Funds ($46,575,662) $0 $0 Medical Assistance Program CFDA93.778 ($86,298,347) $0 $0 TOTAL PUBLIC FUNDS ($132,874,009) $0 $0 71.18 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. WEDNESDAY, APRIL 1, 2009 3263 State General Funds ($57,533,090) ($328,071,736) ($270,745,294) Medical Assistance Program CFDA93.778 $320,534,001 $328,071,736 $270,745,294 TOTAL PUBLIC FUNDS $263,000,911 $0 $0 71.19 Increase funds. State General Funds $55,115,410 $55,115,410 $55,115,410 Medical Assistance Program CFDA93.778 $135,595,351 $135,595,351 $135,595,351 TOTAL PUBLIC FUNDS $190,710,761 $190,710,761 $190,710,761 71.20 Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, Mental Retardation Waiver Program (MRWP), Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management. State General Funds ($27,156,347) $0 $0 Medical Assistance Program CFDA93.778 ($50,317,006) $0 $0 TOTAL PUBLIC FUNDS ($77,473,353) $0 $0 71.21 Increase funds to realign Medicaid benefit expenditures. State General Funds $92,953,715 $92,953,715 Medical Assistance Program CFDA93.778 $172,230,551 $172,230,551 TOTAL PUBLIC FUNDS $265,184,266 $265,184,266 71.22 Increase funds to provide family planning services to women at 200% of the federal poverty level, contingent upon receipt of a Centers for Medicare & Medicaid Services (CMS) waiver. State General Funds $225,000 $225,000 Medical Assistance Program CFDA93.778 $2,025,000 $2,025,000 TOTAL PUBLIC FUNDS $2,250,000 $2,250,000 71.23 Replace funds to recognize Care Management Organization Quality Assessment Fees as a state fund source. State General Funds ($37,557,487) Care Management Organization Fees $37,557,487 TOTAL PUBLIC FUNDS $0 71.100-Medicaid: Low-Income Medicaid Appropriation (HB 119) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,092,376,916 $912,820,361 $809,224,414 State General Funds $840,315,159 $647,488,636 $543,892,689 $865,394,802 $562,505,590 3264 JOURNAL OF THE SENATE Tobacco Settlement Funds Care Management Organization Fees TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $252,061,757 $2,075,982,394 $2,075,982,394 $15,028,316 $15,028,316 $15,028,316 $13,416,847 $13,416,847 $13,416,847 $3,196,804,473 $265,331,725 $2,122,654,873 $2,122,654,873 $15,028,316 $15,028,316 $15,028,316 $13,416,847 $13,416,847 $13,416,847 $3,063,920,397 $265,331,725 $2,574,141,415 $2,574,141,415 $15,028,316 $15,028,316 $15,028,316 $13,416,847 $13,416,847 $13,416,847 $3,411,810,992 $265,331,725 $37,557,487 $2,514,672,965 $2,514,672,965 $15,028,316 $12,328,316 $12,328,316 $2,700,000 $2,700,000 $13,416,847 $13,416,847 $13,416,847 $3,408,512,930 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 $215,064,801 $215,064,801 $215,064,801 $215,064,801 Medical Assistance Program CFDA93.778 $215,064,801 $215,064,801 $215,064,801 $215,064,801 TOTAL PUBLIC FUNDS $335,870,759 $335,870,759 $335,870,759 $335,870,759 72.1 Increase funds to reflect revised Nursing Home Provider Fee collections based on updated enrollment and cost data. State General Funds $1,722,981 $1,722,981 $1,722,981 $1,722,981 Medical Assistance Program CFDA93.778 $3,192,449 $3,192,449 $3,192,449 $3,192,449 TOTAL PUBLIC FUNDS $4,915,430 $4,915,430 $4,915,430 $4,915,430 72.2 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. Medical Assistance Program CFDA93.778 $168,067 $168,067 $168,067 $168,067 72.3 Transfer funds to the Medicaid: Aged, Blind and Disabled program to reflect where expenditures actually occur and reflect Nursing Home Provider Fees as a state fund source. State General Funds ($122,528,939) Medical Assistance Program CFDA93.778 ($218,425,317) WEDNESDAY, APRIL 1, 2009 3265 TOTAL PUBLIC FUNDS ($340,954,256) 72.100-Nursing Home Provider Fees Appropriation (HB 119) 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 $122,528,939 $122,528,939 $122,528,939 State General Funds $122,528,939 $122,528,939 $122,528,939 TOTAL FEDERAL FUNDS $218,425,317 $218,425,317 $218,425,317 Medical Assistance Program CFDA93.778 $218,425,317 $218,425,317 $218,425,317 TOTAL PUBLIC FUNDS $340,954,256 $340,954,256 $340,954,256 PeachCare Continuation Budget The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. TOTAL STATE FUNDS $98,672,929 $98,672,929 $98,672,929 $98,672,929 State General Funds $98,672,929 $98,672,929 $98,672,929 $98,672,929 TOTAL FEDERAL FUNDS $294,846,511 $294,846,511 $294,846,511 $294,846,511 State Children's Insurance Program CFDA93.767 $294,846,511 $294,846,511 $294,846,511 $294,846,511 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 $393,671,223 $393,671,223 $393,671,223 $393,671,223 73.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs. State General Funds ($72,001) ($72,001) ($72,001) ($72,001) State Children's Insurance Program CFDA93.767 ($221,432) ($221,432) ($221,432) ($221,432) TOTAL PUBLIC FUNDS ($293,433) ($293,433) ($293,433) ($293,433) 73.2 Reduce funds received in HB990 (FY09G) for provider rate increases. State General Funds ($1,284,916) ($1,284,916) ($1,284,916) ($1,284,916) State Children's Insurance Program CFDA93.767 ($3,951,624) ($3,951,624) ($3,951,624) ($3,951,624) TOTAL PUBLIC FUNDS ($5,236,540) ($5,236,540) ($5,236,540) ($5,236,540) 73.3 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $1,443,018 and Total Funds by $5,880,868 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) 3266 JOURNAL OF THE SENATE State General Funds $1,443,018 $0 $0 $0 State Children's Insurance Program CFDA93.767 $4,437,850 $0 $0 $0 TOTAL PUBLIC FUNDS $5,880,868 $0 $0 $0 73.4 Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($305,777), ambulance ($63,553), home health ($5,648), Healthcheck ($63,310), digital mammography ($28,076), and global maternity ($138,187). (Gov Rev, H, and S:Reduce State General Funds by $604,551 and Total Funds by $2,463,783 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds $604,551 $0 $0 $0 State Children's Insurance Program CFDA93.767 $1,859,232 $0 $0 $0 TOTAL PUBLIC FUNDS $2,463,783 $0 $0 $0 73.5 Increase funds for projected needs by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Increase funds to cover projected PeachCare needs) State General Funds $8,019,268 $8,019,268 $8,019,268 $8,019,268 State Children's Insurance Program CFDA93.767 $24,662,415 $24,662,415 $24,662,415 $24,662,415 TOTAL PUBLIC FUNDS $32,681,683 $32,681,683 $32,681,683 $32,681,683 73.6 Reduce funds to reflect the revised Care Management Organization (CMO) fee projection based on new rate and updated enrollment. (Gov Rev, H, and S:Reduce state general funds by $831,526 and federal funds by $2,556,411 to reflect a revised CMO fee projection of 5.5% for three months) State General Funds ($15,235,470) ($16,066,726) ($16,179,206) ($16,179,206) State Children's Insurance Program CFDA93.767 ($46,855,085) ($49,411,526) ($47,746,598) ($47,746,598) TOTAL PUBLIC FUNDS ($62,090,555) ($65,478,252) ($63,925,804) ($63,925,804) 73.7 Increase funds to reflect the change in the PeachCare federal participation rate from 74.90% in FY09 to 75.54% in FY10. State Children's Insurance Program CFDA93.767 $10,354,583 $10,354,583 $10,354,583 $10,354,583 73.8 Reduce funds for payments to inpatient and outpatient hospital providers by 10%. State General Funds ($2,528,327) $0 $0 State Children's Insurance Program CFDA93.767 ($7,775,604) $0 $0 TOTAL PUBLIC FUNDS ($10,303,931) $0 $0 73.9 Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, Mental Retardation Waiver Program (MRWP), Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management. WEDNESDAY, APRIL 1, 2009 3267 State General Funds ($4,548,141) $0 $0 State Children's Insurance Program CFDA93.767 ($13,987,329) $0 $0 TOTAL PUBLIC FUNDS ($18,535,470) $0 $0 73.10 Increase funds to realign PeachCare benefit expenditures. State General Funds $5,625,697 $3,748,882 State Children's Insurance Program CFDA93.767 $17,298,904 $11,527,735 TOTAL PUBLIC FUNDS $22,924,601 $15,276,617 73.11 Replace funds to recognize Care Management Organization Quality Assessment Fees as a state fund source. State General Funds ($4,967,414) Care Management Organization Fees $4,967,414 TOTAL PUBLIC FUNDS $0 73.99 SAC: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. State General Funds $0 73.100 -PeachCare Appropriation (HB 119) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $92,147,379 $82,192,086 $94,781,771 $92,904,956 State General Funds $92,147,379 $82,192,086 $94,781,771 $87,937,542 Care Management Organization Fees $4,967,414 TOTAL FEDERAL FUNDS $285,132,450 $254,515,994 $295,242,759 $289,471,590 State Children's Insurance Program CFDA93.767 $285,132,450 $254,515,994 $295,242,759 $289,471,590 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 $377,431,612 $336,859,863 $390,176,313 $382,528,329 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. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL AGENCY FUNDS $30,345,470 $30,345,470 $30,345,470 $30,345,470 Reserved Fund Balances $30,345,470 $30,345,470 $30,345,470 $30,345,470 3268 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized $30,345,470 $30,345,470 $30,345,470 $30,345,470 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,674,397,696 State Funds Transfers $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,674,397,696 Health Insurance Payments $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,674,397,696 TOTAL PUBLIC FUNDS $2,704,743,166 $2,704,743,166 $2,704,743,166 $2,704,743,166 74.1 Increase funds to reflect projected revenue above the original appropriation. (H and S:Adjust revenue to reflect projected increases from growth in enrollment and payroll) Health Insurance Payments $224,421,309 $224,421,309 $87,191,472 $87,191,472 74.2 Replace one-time prior year reserve funds. Reserved Fund Balances Not Itemized ($30,345,470) ($30,345,470) ($30,345,470) ($30,345,470) Health Insurance Payments $30,345,470 $30,345,470 $30,345,470 $30,345,470 TOTAL PUBLIC FUNDS $0 $0 $0 $0 74.3 Increase funds to reflect the implementation of optimal pricing strategies to incentivize member enrollment in Consumer Driven Health Plans (CDHP) while increasing employee premiums by an average of 5%. Health Insurance Payments $17,122,353 $17,122,353 $17,122,353 $17,122,353 74.4 Reduce employer contribution rate for state employees from 22.165% to 17.856% to reflect a reduction in contributions for Other Post-Employment Benefits (OPEB). (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Adjust the employer contribution rate for SHBP to eliminate the fund balance; an increase from 16.567% to 17.329% for state employees and from 17.245% to 18.046% for teachers, effective January 1, 2010)(S:Restore rates to prior amounts and utilize surpluses to cover the Department of Education's contribution for non-certificated employees and retirees) Health Insurance Payments ($128,531,386) ($169,301,492) ($236,912,007) ($248,864,058) 74.5 Utilize FY09 net assets to subsidize FY10 employer contributions. (S:YES) Health Insurance Payments $168,620,098 $0 74.6 Increase funds to maintain the employee share of the State Health Benefit Plan at 25%. (S:Increase funds to implement cost saving plans, including encouraging increased employee utilization of CDHPs) Health Insurance Payments $70,264,026 $82,326,391 74.99 SAC: The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. State General Funds $0 74.100-State Health Benefit Plan Appropriation (HB 119) WEDNESDAY, APRIL 1, 2009 3269 The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,817,755,442 $2,776,985,336 $2,811,029,108 $2,642,519,324 State Funds Transfers $2,817,755,442 $2,776,985,336 $2,811,029,108 $2,642,519,324 Health Insurance Payments $2,817,755,442 $2,776,985,336 $2,811,029,108 $2,642,519,324 TOTAL PUBLIC FUNDS $2,817,755,442 $2,776,985,336 $2,811,029,108 $2,642,519,324 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 $1,439,892 $1,439,892 $1,439,892 $1,439,892 State General Funds $1,439,892 $1,439,892 $1,439,892 $1,439,892 TOTAL PUBLIC FUNDS $1,439,892 $1,439,892 $1,439,892 $1,439,892 75.1 Defer the FY09 cost of living adjustment. State General Funds ($2,704) ($2,704) ($2,704) ($2,704) 75.2 Defer special adjustments to selected job classes. State General Funds ($8,547) ($8,547) ($8,547) ($8,547) 75.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($7,326) ($8,114) ($7,011) $0 75.4 Reduce funds from medical scholarship awards. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 75.5 Reduce funds from the contract with the Georgia Student Finance Commission for loan and scholarship tracking and administer internally. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 75.6 Reduce funds from the loan repayment program. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 75.99 SAC: The purpose of this appropriation is to ensure an adequate supply of physicians in rural areas of the state, and to 3270 JOURNAL OF THE SENATE provide a program to aid promising medical students. House: 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. Gov Rev: 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. Governor: 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. State General Funds $0 $0 $0 $0 75.100-Medical Education Board, State Appropriation (HB 119) 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. TOTAL STATE FUNDS $1,321,315 $1,320,527 $1,321,630 $1,328,641 State General Funds $1,321,315 $1,320,527 $1,321,630 $1,328,641 TOTAL PUBLIC FUNDS $1,321,315 $1,320,527 $1,321,630 $1,328,641 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 $855,498 $855,498 $855,498 $855,498 State General Funds $855,498 $855,498 $855,498 $855,498 TOTAL PUBLIC FUNDS $855,498 $855,498 $855,498 $855,498 76.1 Defer the FY09 cost of living adjustment. State General Funds ($5,716) ($5,716) ($5,716) ($5,716) 76.2 Defer special adjustments to selected job classes. State General Funds ($23,430) ($23,430) ($23,430) ($23,430) 76.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($16,297) ($19,406) ($16,770) $0 76.4 Eliminate one-time funds. WEDNESDAY, APRIL 1, 2009 3271 State General Funds ($26,525) ($26,525) 76.5 Reduce funds received in HB990 (FY09G) from the internship program. State General Funds ($12,000) ($12,000) 76.6 Reduce funds received in HB990 (FY09G) and defer the medical education expansion study. State General Funds ($110,000) ($110,000) ($26,525) ($12,000) ($500,000) ($26,525) ($12,000) ($110,000) 76.100-Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $661,530 $658,421 $271,057 State General Funds $661,530 $658,421 $271,057 TOTAL PUBLIC FUNDS $661,530 $658,421 $271,057 $677,827 $677,827 $677,827 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 $9,853,061 $9,853,061 $9,853,061 $9,853,061 State General Funds $9,853,061 $9,853,061 $9,853,061 $9,853,061 TOTAL PUBLIC FUNDS $9,853,061 $9,853,061 $9,853,061 $9,853,061 77.1 Reduce funds received in HB990 (FY09G) for graduate medical education. State General Funds ($343,797) ($343,797) $0 ($343,797) 77.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($87,600) $0 ($87,600) 77.3 Reduce funds from the Athens/Gainesville Area medical expansion study. State General Funds ($500,000) 77.100 -Physician Education Workforce, Georgia Board of: Graduate Medical Appropriation (HB 119) 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 $9,509,264 $9,421,664 $9,853,061 $8,921,664 State General Funds $9,509,264 $9,421,664 $9,853,061 $8,921,664 TOTAL PUBLIC FUNDS $9,509,264 $9,421,664 $9,853,061 $8,921,664 3272 JOURNAL OF THE SENATE 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 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 78.1 Reduce funds from the Mercer School of Medicine operating grant by 8.7%. State General Funds ($2,131,969) ($2,131,969) $0 ($1,065,985) 78.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($206,616) $0 ($206,616) 78.100-Physician Workforce, Medicine Grant Georgia Board of: Mercer School ofAppropriation (HB 119) 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 $22,428,893 $22,222,277 $24,560,862 $23,288,261 State General Funds $22,428,893 $22,222,277 $24,560,862 $23,288,261 TOTAL PUBLIC FUNDS $22,428,893 $22,222,277 $24,560,862 $23,288,261 Physician Workforce, Medicine Grant Georgia Board of: Morehouse School ofContinuation 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 $12,997,293 $12,997,293 $12,997,293 $12,997,293 State General Funds $12,997,293 $12,997,293 $12,997,293 $12,997,293 TOTAL PUBLIC FUNDS $12,997,293 $12,997,293 $12,997,293 $12,997,293 79.1 Reduce funds from the Morehouse School of Medicine operating grant by 8.7%. State General Funds ($1,128,211) ($1,128,211) $0 ($564,106) 79.2 Reduce funds to reflect the revised revenue estimate. WEDNESDAY, APRIL 1, 2009 3273 State General Funds ($109,339) $0 ($109,339) 79.100-Physician Workforce, Medicine Grant Georgia Board of: Morehouse School ofAppropriation (HB 119) 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 $11,869,082 $11,759,743 $12,997,293 $12,323,848 State General Funds $11,869,082 $11,759,743 $12,997,293 $12,323,848 TOTAL PUBLIC FUNDS $11,869,082 $11,759,743 $12,997,293 $12,323,848 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 80.1 Reduce funds from the undergraduate medical education program. State General Funds ($377,978) ($377,978) $0 ($188,989) 80.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($29,115) $0 ($29,115) 80.100 -Physician Education Workforce, Georgia Board of: Undergraduate Medical Appropriation (HB 119) 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 $3,160,506 $3,131,391 $3,538,484 $3,320,380 State General Funds $3,160,506 $3,131,391 $3,538,484 $3,320,380 TOTAL PUBLIC FUNDS $3,160,506 $3,131,391 $3,538,484 $3,320,380 Planning and Regulatory Services Continuation Budget TOTAL STATE FUNDS $0 3274 JOURNAL OF THE SENATE State General Funds $0 500.97 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources per SB433 (2008 Session). State General Funds $5,613,279 Federal Funds Not Itemized $4,080,600 Medical Assistance Program CFDA93.778 $2,939,995 Sales and Services Not Itemized $72,549 TOTAL PUBLIC FUNDS $12,706,423 500.98 Transfer remaining funds and activities from the Department of Human Resources related to the inspection and licensure of long term care and health care facilities that were not specifically identified in SB433 (2008 Session). State General Funds $838,204 Federal Funds Not Itemized $1,441,305 TOTAL PUBLIC FUNDS $2,279,509 500.99 SAC: The purpose of this appropriation is to inspect and license long term care and health care facilities. State General Funds $0 500.100-Planning and Regulatory Services Appropriation (HB 119) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,451,483 $6,451,483 $8,461,900 $5,521,905 $2,939,995 $72,549 $72,549 $72,549 $14,985,932 It is the intention of this General Assembly that the Department of Community Health implement a direct bill system for revenue collection of the employer share of premium costs. The direct bill rates paid by state agencies in the direct bill system shall be set based on an equivalent amount of employer revenue appropriated on behalf of active and retired state employees in HB 210. The direct bill rates paid by local boards of education in the direct bill system shall be set based on an equivalent WEDNESDAY, APRIL 1, 2009 3275 amount of employer revenue appropriated on behalf of active and retired teachers and school employees in HB 210, effective January 1, 2010. The employer contribution rate for the teachers' health benefit plan for Fiscal Year 2010 shall not exceed 18.534% and for the state employees' health benefit plan for Fiscal Year 2010 shall not exceed 22.165%. Whereas, the Department of Community Health is the sole Administrator of the State Health Benefit Plan for purposes of collecting COBRA premiums and providing medical continuation coverage pursuant to federal COBRA law; and whereas, the American Recovery and Reinvestment Act of 2009 COBRA Premium Reduction rules require the Department of Community Health to provide COBRA coverage to certain "Assistance Eligible Individuals" upon receiving only 35% of COBRA premium payment from such individuals; therefore, the remaining 65% of the SHBP COBRA premium is to be recouped exclusively by DCH as the sole COBRA Administrator of SHBP through adjustments to DCH payroll taxes. Section 17: Corrections, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Final $1,083,747,526 $973,775,702 $1,083,747,526 $973,775,702 $5,889,638 $103,124,312 $97,234,674 $5,889,638 $5,889,638 $39,835,742 $39,835,742 $971,876,888 $971,876,888 $103,124,312 $97,234,674 $5,889,638 $39,835,742 $994,362,255 $994,362,255 $103,124,312 $97,234,674 $5,889,638 $39,835,742 3276 JOURNAL OF THE SENATE Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS $9,599,502 $3,219 $655,104 $29,577,917 $956,324 $956,324 $1,130,429,230 $9,599,502 $3,219 $655,104 $29,577,917 $956,324 $956,324 $1,117,692,080 $9,599,502 $3,219 $655,104 $29,577,917 $956,324 $956,324 $1,115,793,266 $9,599,502 $3,219 $655,104 $29,577,917 $956,324 $956,324 $1,138,278,633 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 $6,408,425 $6,408,425 $6,408,425 $6,408,425 State General Funds $6,408,425 $6,408,425 $6,408,425 $6,408,425 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 $172,046 $172,046 $172,046 $172,046 Sales and Services $172,046 $172,046 $172,046 $172,046 Sales and Services Not Itemized $172,046 $172,046 $172,046 $172,046 TOTAL PUBLIC FUNDS $6,601,214 $6,601,214 $6,601,214 $6,601,214 81.1 Defer the FY09 cost of living adjustment. State General Funds ($45,348) ($45,348) ($45,348) ($45,348) 81.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,752) ($2,752) ($2,752) ($2,752) 81.3 Defer special adjustments to selected job classes. State General Funds ($23,217) ($23,217) ($23,217) ($23,217) 81.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($32,681) ($32,681) ($32,681) ($32,681) 81.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) WEDNESDAY, APRIL 1, 2009 3277 State General Funds ($104,988) ($123,123) ($106,396) $0 81.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,136 $1,136 $1,136 $1,136 81.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($136,308) ($136,308) ($136,308) ($136,308) 81.99 SAC: The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more security and supervision than provided by regular community supervision. State General Funds $0 81.100-Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 119) The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more security and supervision than provided by regular community supervision. TOTAL STATE FUNDS $6,064,267 $6,046,132 $6,062,859 $6,169,255 State General Funds $6,064,267 $6,046,132 $6,062,859 $6,169,255 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 $172,046 $172,046 $172,046 $172,046 Sales and Services $172,046 $172,046 $172,046 $172,046 Sales and Services Not Itemized $172,046 $172,046 $172,046 $172,046 TOTAL PUBLIC FUNDS $6,257,056 $6,238,921 $6,255,648 $6,362,044 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 $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 82.1 Transfer funds from the Offender Management program. State General Funds $1,400,000 $1,400,000 82.99 SAC: The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. State General Funds $0 3278 JOURNAL OF THE SENATE 82.100-County Jail Subsidy Appropriation (HB 119) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. TOTAL STATE FUNDS $6,196,724 $6,196,724 $7,596,724 $7,596,724 State General Funds $6,196,724 $6,196,724 $7,596,724 $7,596,724 TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $7,596,724 $7,596,724 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 $55,017,209 $55,017,209 $55,017,209 $55,017,209 State General Funds $55,017,209 $55,017,209 $55,017,209 $55,017,209 TOTAL FEDERAL FUNDS $2,462,251 $2,462,251 $2,462,251 $2,462,251 Federal Funds Not Itemized $2,462,251 $2,462,251 $2,462,251 $2,462,251 TOTAL AGENCY FUNDS $102,491 $102,491 $102,491 $102,491 Rebates, Refunds, and Reimbursements $3,219 $3,219 $3,219 $3,219 Rebates, Refunds, and Reimbursements Not Itemized $3,219 $3,219 $3,219 $3,219 Sales and Services $99,272 $99,272 $99,272 $99,272 Sales and Services Not Itemized $99,272 $99,272 $99,272 $99,272 TOTAL PUBLIC FUNDS $57,581,951 $57,581,951 $57,581,951 $57,581,951 83.1 Defer the FY09 cost of living adjustment. State General Funds ($480,338) ($480,338) ($480,338) ($480,338) 83.2 Defer structure adjustments to the statewide salary plan. State General Funds ($29,152) ($29,152) ($29,152) ($29,152) 83.3 Defer special adjustments to selected job classes. State General Funds ($6,805) ($6,805) ($6,805) ($6,805) 83.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,039,900) ($1,219,523) ($1,053,843) $0 WEDNESDAY, APRIL 1, 2009 3279 83.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $8,422,296 $8,422,296 $8,422,296 $8,422,296 83.6 Eliminate funds from the four Regional Training Academies and consolidate training activities to the Tift College campus. State General Funds ($1,738,398) ($1,738,398) ($1,738,398) ($1,738,398) 83.7 Reduce funds from the communications center through the use of updated technology. State General Funds ($361,757) ($361,757) ($361,757) ($361,757) 83.8 Reduce funds from various contracts including those for consulting and special projects that will be delayed for the long-term. State General Funds ($260,100) ($260,100) ($260,100) ($260,100) 83.9 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($1,741,850) ($1,741,850) ($1,741,850) ($1,741,850) 83.10 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($453,022) ($453,022) ($453,022) ($453,022) 83.11 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy. State General Funds $803,902 $803,902 $803,902 $803,902 83.12 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($3,405) ($3,405) ($3,405) ($3,405) 83.13 Reduce funds designated for vehicle purchases. State General Funds ($412,720) ($412,720) ($412,720) ($412,720) 83.14 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP. State General Funds $12,853 $12,853 $12,853 $12,853 83.15 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP. State General Funds $21,434 $21,434 $21,434 $21,434 83.16 Reduce merit system assessments from $147 to $137 per position. State General Funds ($296,054) ($296,054) 83.100-Departmental Administration Appropriation (HB 119) 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 $57,750,247 $57,570,624 $57,440,250 $58,494,093 State General Funds $57,750,247 $57,570,624 $57,440,250 $58,494,093 3280 JOURNAL OF THE SENATE 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 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $60,314,989 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $60,135,366 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $60,004,992 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $61,058,835 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 $46,960,470 $46,960,470 $46,960,470 $46,960,470 State General Funds $46,960,470 $46,960,470 $46,960,470 $46,960,470 TOTAL FEDERAL FUNDS $671,975 $671,975 $671,975 $671,975 Federal Funds Not Itemized $671,975 $671,975 $671,975 $671,975 TOTAL AGENCY FUNDS $6,019,327 $6,019,327 $6,019,327 $6,019,327 Intergovernmental Transfers $16,491 $16,491 $16,491 $16,491 Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 $16,491 Sales and Services $6,002,836 $6,002,836 $6,002,836 $6,002,836 Sales and Services Not Itemized $6,002,836 $6,002,836 $6,002,836 $6,002,836 TOTAL PUBLIC FUNDS $53,651,772 $53,651,772 $53,651,772 $53,651,772 84.1 Defer the FY09 cost of living adjustment. State General Funds ($553,120) ($553,120) ($553,120) ($553,120) 84.2 Defer structure adjustments to the statewide salary plan. State General Funds ($33,570) ($33,570) ($33,570) ($33,570) 84.3 Defer special adjustments to selected job classes. State General Funds ($258,988) ($258,988) ($258,988) ($258,988) 84.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($448,587) ($448,587) ($448,587) ($448,587) 84.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce WEDNESDAY, APRIL 1, 2009 3281 funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,062,628) ($1,246,177) ($1,076,876) $0 84.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $306,052 $306,052 $306,052 $306,052 84.7 Reduce funds by closing the I.W. Davis Probation Detention Center (PDC) and the Terrell PDC, as well as another PDC based on reduced demand resulting from legislation changing the calculation of time-served. State General Funds ($5,816,109) ($5,816,109) ($5,816,109) ($5,816,109) 84.8 Transfer funds to the Transitional Center program due to the remissioning of one unit at the Emanuel PDC to a Transitional Center. State General Funds ($2,314,792) ($2,314,792) ($2,314,792) ($2,314,792) 84.9 Transfer funds to the State Prisons program due to the remissioning of the West Central PDC to a Pre-Release Center. State General Funds ($2,613,787) ($2,613,787) ($2,613,787) ($2,613,787) 84.10 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($1,466,790) ($1,466,790) ($1,466,790) ($1,466,790) 84.99 SAC: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision. State General Funds $0 84.100-Detention Centers Appropriation (HB 119) The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision. TOTAL STATE FUNDS $32,698,151 $32,514,602 $32,683,903 $33,760,779 State General Funds $32,698,151 $32,514,602 $32,683,903 $33,760,779 TOTAL FEDERAL FUNDS $671,975 $671,975 $671,975 $671,975 Federal Funds Not Itemized $671,975 $671,975 $671,975 $671,975 TOTAL AGENCY FUNDS $6,019,327 $6,019,327 $6,019,327 $6,019,327 Intergovernmental Transfers $16,491 $16,491 $16,491 $16,491 Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 $16,491 3282 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,002,836 $6,002,836 $39,389,453 $6,002,836 $6,002,836 $39,205,904 $6,002,836 $6,002,836 $39,375,205 $6,002,836 $6,002,836 $40,452,081 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 $14,017,358 $14,017,358 $14,017,358 $14,017,358 State General Funds $14,017,358 $14,017,358 $14,017,358 $14,017,358 TOTAL AGENCY FUNDS $2,100,000 $2,100,000 $2,100,000 $2,100,000 Sales and Services $2,100,000 $2,100,000 $2,100,000 $2,100,000 Sales and Services Not Itemized $2,100,000 $2,100,000 $2,100,000 $2,100,000 TOTAL PUBLIC FUNDS $16,117,358 $16,117,358 $16,117,358 $16,117,358 85.1 Defer the FY09 cost of living adjustment. State General Funds ($63,254) ($63,254) ($63,254) ($63,254) 85.2 Defer structure adjustments to the statewide salary plan. State General Funds ($3,839) ($3,839) ($3,839) ($3,839) 85.3 Defer special adjustments to selected job classes. State General Funds ($10,407) ($10,407) ($10,407) ($10,407) 85.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($2,686) ($2,686) ($2,686) ($2,686) 85.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($153,968) ($180,563) ($156,032) $0 85.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $56,959 $56,959 $56,959 $56,959 85.7 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair State Prison (SP). State General Funds $16,927 $16,927 $16,927 $16,927 85.8 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. WEDNESDAY, APRIL 1, 2009 3283 State General Funds ($385,926) ($385,926) ($385,926) ($385,926) 85.9 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy. State General Funds $602,285 $602,285 $602,285 $602,285 85.10 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($2,763) ($2,763) ($2,763) ($2,763) 85.11 Increase funds for two months of operating costs for the fast-track bed expansion at Smith SP and six months of operating costs for the fast-track bed expansion at Valdosta SP. State General Funds $34,227 $34,227 $34,227 $34,227 85.12 Increase funds for twelve months operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP. State General Funds $63,659 $63,659 $63,659 $63,659 85.13 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP. State General Funds ($50,782) 85.99 SAC: The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. State General Funds $0 85.100-Food and Farm Operations Appropriation (HB 119) The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $14,168,572 $14,141,977 $14,166,508 $14,271,758 State General Funds $14,168,572 $14,141,977 $14,166,508 $14,271,758 TOTAL AGENCY FUNDS $2,100,000 $2,100,000 $2,100,000 $2,100,000 Sales and Services $2,100,000 $2,100,000 $2,100,000 $2,100,000 Sales and Services Not Itemized $2,100,000 $2,100,000 $2,100,000 $2,100,000 TOTAL PUBLIC FUNDS $16,268,572 $16,241,977 $16,266,508 $16,371,758 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 $218,169,039 $218,169,039 $218,169,039 $218,169,039 State General Funds $218,169,039 $218,169,039 $218,169,039 $218,169,039 3284 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS $8,390,000 $8,390,000 $8,390,000 $8,390,000 Sales and Services $8,390,000 $8,390,000 $8,390,000 $8,390,000 Sales and Services Not Itemized $8,390,000 $8,390,000 $8,390,000 $8,390,000 TOTAL PUBLIC FUNDS $226,559,039 $226,559,039 $226,559,039 $226,559,039 86.1 Defer the FY09 cost of living adjustment. State General Funds ($166,174) ($166,174) ($166,174) ($166,174) 86.2 Defer structure adjustments to the statewide salary plan. State General Funds ($10,085) ($10,085) ($10,085) ($10,085) 86.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($355,948) ($417,431) ($360,720) $0 86.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $27,996 $27,996 $27,996 $27,996 86.5 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP. State General Funds $827,314 $827,314 $827,314 $827,314 86.6 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP. State General Funds $1,541,333 $1,541,333 $1,541,333 $1,541,333 86.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($2,142,449) ($2,142,449) ($2,142,449) ($2,142,449) 86.8 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair SP. State General Funds $18,390 $18,390 $18,390 $18,390 86.9 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($781,583) ($781,583) ($781,583) ($781,583) 86.10 Increase funds for inmate health care. State General Funds $1,300,000 $1,300,000 $1,300,000 86.11 Reduce funds from emergent care due cost savings from HB350 (2009 Session). State General Funds ($4,600,000) ($4,600,000) WEDNESDAY, APRIL 1, 2009 3285 86.12 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP. State General Funds ($54,120) 86.99 SAC: The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional system. State General Funds $0 86.100 -Health Appropriation (HB 119) The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional system. TOTAL STATE FUNDS $217,127,833 $218,366,350 $213,823,061 $214,129,661 State General Funds $217,127,833 $218,366,350 $213,823,061 $214,129,661 TOTAL AGENCY FUNDS $8,390,000 $8,390,000 $8,390,000 $8,390,000 Sales and Services $8,390,000 $8,390,000 $8,390,000 $8,390,000 Sales and Services Not Itemized $8,390,000 $8,390,000 $8,390,000 $8,390,000 TOTAL PUBLIC FUNDS $225,517,833 $226,756,350 $222,213,061 $222,519,661 Offender Management Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,612,613 $44,612,613 $44,612,613 $44,612,613 State General Funds $44,612,613 $44,612,613 $44,612,613 $44,612,613 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 $44,642,613 $44,642,613 $44,642,613 $44,642,613 87.1 Defer the FY09 cost of living adjustment. State General Funds ($46,013) ($46,013) ($46,013) ($46,013) 87.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,793) ($2,793) ($2,793) ($2,793) 87.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 3286 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($114,545) ($134,331) ($116,081) $0 87.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $123,514 $123,514 $123,514 $123,514 87.5 Reduce funds by reducing the number of Canine Units from thirty-one teams to seventeen teams. State General Funds ($78,782) ($78,782) ($78,782) ($78,782) 87.6 Eliminate funds and discontinue the Department's participation in two regional fugitive squads. State General Funds ($543,171) ($543,171) ($543,171) ($543,171) 87.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($180,808) ($180,808) ($180,808) ($180,808) 87.8 Transfer funds to the County Jail Subsidy program as a result of managing bed space at County Correctional Institutions (CCI) at a 95% utilization rate. State General Funds ($1,400,000) ($1,400,000) 87.99 SAC: The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads. State General Funds $0 87.100-Offender Management Appropriation (HB 119) The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads. TOTAL STATE FUNDS $43,770,015 $43,750,229 $42,368,479 $42,484,560 State General Funds $43,770,015 $43,750,229 $42,368,479 $42,484,560 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 $43,800,015 $43,780,229 $42,398,479 $42,514,560 Parole Revocation Centers Continuation Budget The purpose of this appropriation is to provide a sanction for parole violations. WEDNESDAY, APRIL 1, 2009 3287 TOTAL STATE FUNDS $4,658,760 $4,658,760 $4,658,760 $4,658,760 State General Funds $4,658,760 $4,658,760 $4,658,760 $4,658,760 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 $10,510 Federal Funds Not Itemized $10,510 $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $405,000 $405,000 $405,000 $405,000 Sales and Services $405,000 $405,000 $405,000 $405,000 Sales and Services Not Itemized $405,000 $405,000 $405,000 $405,000 TOTAL PUBLIC FUNDS $5,074,270 $5,074,270 $5,074,270 $5,074,270 88.1 Defer the FY09 cost of living adjustment. State General Funds ($48,073) ($48,073) ($48,073) ($48,073) 88.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,918) ($2,918) ($2,918) ($2,918) 88.3 Defer special adjustments to selected job classes. State General Funds ($24,818) ($24,818) ($24,818) ($24,818) 88.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($111,028) ($111,028) ($111,028) ($111,028) 88.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($107,940) ($126,585) ($109,388) $0 88.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $35,593 $35,593 $35,593 $35,593 88.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($145,561) ($145,561) ($145,561) ($145,561) 88.8 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($18,476) ($18,476) ($18,476) ($18,476) 88.99 SAC: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for parole violators in a secure and supervised setting. State General Funds $0 3288 JOURNAL OF THE SENATE 88.100-Parole Revocation Centers Appropriation (HB 119) The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for parole violators in a secure and supervised setting. TOTAL STATE FUNDS $4,235,539 $4,216,894 $4,234,091 $4,343,479 State General Funds $4,235,539 $4,216,894 $4,234,091 $4,343,479 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 $10,510 Federal Funds Not Itemized $10,510 $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $405,000 $405,000 $405,000 $405,000 Sales and Services $405,000 $405,000 $405,000 $405,000 Sales and Services Not Itemized $405,000 $405,000 $405,000 $405,000 TOTAL PUBLIC FUNDS $4,651,049 $4,632,404 $4,649,601 $4,758,989 Private Prisons Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $85,297,250 $85,297,250 $85,297,250 $85,297,250 State General Funds $85,297,250 $85,297,250 $85,297,250 $85,297,250 TOTAL PUBLIC FUNDS $85,297,250 $85,297,250 $85,297,250 $85,297,250 89.1 Increase funds to annualize the 750 private prison bed expansion. (Gov Rev and H:Reduce funds by $10,787,675 to reflect the revised revenue estimate)(S:Increase funds to make provisions for extended ramp-up times) State General Funds $11,787,675 $1,000,000 $1,000,000 $7,000,000 89.2 Reduce funds received in HB990 (FY09G) for the Consumer Price Index (CPI) increase. (H:Utilize $1,004,000 of existing private prison expansion funding for CPI reduction and $1,004,000 for the expansion RFP)(S:Utilize $2,080,000 for the expansion RFP) State General Funds ($2,017,747) ($2,017,747) ($2,017,747) ($2,017,747) 89.99 SAC: The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. State General Funds $0 89.100-Private Prisons Appropriation (HB 119) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $95,067,178 $84,279,503 $84,279,503 $90,279,503 State General Funds $95,067,178 $84,279,503 $84,279,503 $90,279,503 WEDNESDAY, APRIL 1, 2009 3289 TOTAL PUBLIC FUNDS $95,067,178 $84,279,503 $84,279,503 $90,279,503 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 $7,628,790 $7,628,790 $7,628,790 $7,628,790 State General Funds $7,628,790 $7,628,790 $7,628,790 $7,628,790 TOTAL AGENCY FUNDS $3,105,003 $3,105,003 $3,105,003 $3,105,003 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 $353,716 $353,716 $353,716 $353,716 Sales and Services Not Itemized $353,716 $353,716 $353,716 $353,716 TOTAL PUBLIC FUNDS $10,733,793 $10,733,793 $10,733,793 $10,733,793 90.1 Defer the FY09 cost of living adjustment. State General Funds ($172,258) ($172,258) ($172,258) ($172,258) 90.2 Defer structure adjustments to the statewide salary plan. State General Funds ($10,455) ($10,455) ($10,455) ($10,455) 90.3 Defer the special adjustments to selected job classes. State General Funds ($47,634) ($47,634) ($47,634) ($47,634) 90.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($61,334) ($61,334) ($61,334) ($61,334) 90.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($224,292) $0 ($224,292) $0 90.6 Eliminate funds and close the remaining four Probation Diversion Centers (DC). State General Funds ($3,158,730) ($3,158,730) ($3,158,730) ($3,158,730) Royalties and Rents Not Itemized ($2,751,287) ($2,751,287) ($2,751,287) ($2,751,287) Sales and Services Not Itemized ($353,716) ($353,716) ($353,716) ($353,716) TOTAL PUBLIC FUNDS ($6,263,733) ($6,263,733) ($6,263,733) ($6,263,733) 3290 JOURNAL OF THE SENATE 90.7 Transfer funds to the Probation Supervision program to open six new Day Reporting Centers (DRC) and annualize the costs for Gainesville DRC, Atlanta DRC, and Waycross DRC. State General Funds ($3,875,323) ($3,875,323) ($3,875,323) ($3,875,323) 90.8 Transfer funds to the Transitional Centers program due to the remissioning of the Clayton DC to a Transitional Center. State General Funds ($78,764) ($78,764) ($78,764) ($78,764) 90.9 Eliminate remaining funds. State General Funds ($224,292) 90.100-Probation Diversion Centers Appropriation (HB 119) 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 $224,292 State General Funds $224,292 TOTAL PUBLIC FUNDS $224,292 Probation Supervision Continuation Budget The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS $86,521,774 $86,521,774 $86,521,774 $86,521,774 State General Funds $86,521,774 $86,521,774 $86,521,774 $86,521,774 TOTAL FEDERAL FUNDS $60,032 $60,032 $60,032 $60,032 Federal Funds Not Itemized $60,032 $60,032 $60,032 $60,032 TOTAL AGENCY FUNDS $159,114 $159,114 $159,114 $159,114 Sales and Services $159,114 $159,114 $159,114 $159,114 Sales and Services Not Itemized $159,114 $159,114 $159,114 $159,114 TOTAL PUBLIC FUNDS $86,740,920 $86,740,920 $86,740,920 $86,740,920 91.1 Defer the FY09 cost of living adjustment. State General Funds ($836,830) ($836,830) ($836,830) ($836,830) 91.2 Defer structure adjustments to the statewide salary plan. State General Funds ($50,788) ($50,788) ($50,788) ($50,788) 91.3 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($448) ($448) ($448) ($448) 91.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of WEDNESDAY, APRIL 1, 2009 3291 State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,078,610) ($2,700,685) ($2,109,487) $0 91.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,159,472 $1,159,472 $1,159,472 $1,159,472 91.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($2,282,301) ($2,282,301) ($2,282,301) ($2,282,301) 91.7 Transfer funds from the Probation Diversion Centers program to open six new Day Reporting Centers (DRC) and annualize the costs of Gainesville DRC, Atlanta DRC, and Waycross DRC. State General Funds $3,875,323 $3,875,323 $3,875,323 $3,875,323 91.8 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($4,859) ($4,859) ($4,859) ($4,859) 91.9 Reduce funds designated for vehicle purchases. State General Funds ($25,426) ($25,426) ($25,426) ($25,426) 91.10 Replace funds to reflect the collection of a new Day Reporting Center supervision fee. State General Funds ($675,000) ($675,000) ($675,000) ($1,485,150) Sales and Services Not Itemized $1,485,150 $1,485,150 $1,485,150 $1,485,150 TOTAL PUBLIC FUNDS $810,150 $810,150 $810,150 $0 91.99 SAC: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. State General Funds $0 91.100-Probation Supervision Appropriation (HB 119) The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. TOTAL STATE FUNDS $85,602,307 $84,980,232 $85,571,430 $86,870,767 State General Funds $85,602,307 $84,980,232 $85,571,430 $86,870,767 TOTAL FEDERAL FUNDS $60,032 $60,032 $60,032 $60,032 Federal Funds Not Itemized $60,032 $60,032 $60,032 $60,032 TOTAL AGENCY FUNDS $1,644,264 $1,644,264 $1,644,264 $1,644,264 3292 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,644,264 $1,644,264 $87,306,603 $1,644,264 $1,644,264 $86,684,528 $1,644,264 $1,644,264 $87,275,726 $1,644,264 $1,644,264 $88,575,063 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 $553,749,700 $553,749,700 $553,749,700 $553,749,700 State General Funds $553,749,700 $553,749,700 $553,749,700 $553,749,700 TOTAL FEDERAL FUNDS $2,664,127 $2,664,127 $2,664,127 $2,664,127 Federal Funds Not Itemized $2,664,127 $2,664,127 $2,664,127 $2,664,127 TOTAL AGENCY FUNDS $20,972,614 $20,972,614 $20,972,614 $20,972,614 Intergovernmental Transfers $9,583,011 $9,583,011 $9,583,011 $9,583,011 Intergovernmental Transfers Not Itemized $9,583,011 $9,583,011 $9,583,011 $9,583,011 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 $10,734,499 $10,734,499 $10,734,499 $10,734,499 Sales and Services Not Itemized $10,734,499 $10,734,499 $10,734,499 $10,734,499 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $725,196 $725,196 $725,196 $725,196 Agency Funds Transfers $725,196 $725,196 $725,196 $725,196 Agency Fund Transfers Not Itemized $725,196 $725,196 $725,196 $725,196 TOTAL PUBLIC FUNDS $578,111,637 $578,111,637 $578,111,637 $578,111,637 92.1 Defer the FY09 cost of living adjustment. State General Funds ($5,281,438) ($5,281,438) ($5,281,438) ($5,281,438) 92.2 Defer structure adjustments to the statewide salary plan. State General Funds ($320,537) ($320,537) ($320,537) ($320,537) 92.3 Defer special adjustments to selected job classes. State General Funds ($2,673,526) ($2,673,526) ($2,673,526) ($2,673,526) 92.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($3,657,640) ($3,657,640) ($3,657,640) ($3,657,640) 92.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce WEDNESDAY, APRIL 1, 2009 3293 funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($12,863,936) ($15,085,940) ($13,036,415) $0 92.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,007,652 $3,007,652 $3,007,652 $3,007,652 92.7 Reduce funds from Academic Education. State General Funds ($331,320) ($331,320) ($331,320) ($331,320) 92.8 Reduce funds from Vocational Education. State General Funds ($116,751) ($116,751) ($116,751) ($116,751) 92.9 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP. State General Funds $1,534,831 $1,534,831 $1,534,831 $1,534,831 92.10 Reduce funds and close Homerville SP, Rivers SP, Milan SP, Wayne SP, West Georgia Boot Camp, and Pelham Pre-Release Center. State General Funds ($24,555,581) ($24,555,581) ($24,555,581) ($24,555,581) 92.11 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP. State General Funds $2,137,402 $2,137,402 $2,137,402 $2,137,402 92.12 Transfer funds from the Detention Center program due to the remissioning of the West Central Probation Detention Center to a Pre-Release Center. State General Funds $2,613,787 $2,613,787 $2,613,787 $2,613,787 92.13 Reduce funds from fire services and eliminate seven central staff positions. State General Funds ($615,438) ($615,438) ($615,438) $0 92.14 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair SP. State General Funds $812,970 $812,970 $812,970 $812,970 92.15 Reduce funds and the number of Canine Units from thirty-one teams to seventeen teams. State General Funds ($450,984) ($450,984) ($450,984) ($450,984) 92.16 Reduce funds by limiting the use of security overtime. State General Funds ($4,342,733) ($4,342,733) ($4,342,733) ($4,342,733) 92.17 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($15,623,852) ($15,623,852) ($15,623,852) ($15,623,852) 92.18 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety 3294 JOURNAL OF THE SENATE Training Center to the Tift Academy. State General Funds $1,337,363 $1,337,363 $1,337,363 $1,337,363 92.19 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($593,283) ($593,283) ($593,283) ($593,283) 92.20 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($97,234,674) ($97,234,674) ($97,234,674) American Recovery and Reinvestment Act of 2009 $97,234,674 $97,234,674 $97,234,674 TOTAL PUBLIC FUNDS $0 $0 $0 92.21 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP. State General Funds ($2,055,273) 92.99 SAC: The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society through the use of Pre-Release Centers; and to provide fire services and work details to the Department, state agencies, and local communities. State General Funds $0 92.100-State Prisons Appropriation (HB 119) The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society through the use of Pre- Release Centers; and to provide fire services and work details to the Department, state agencies, and local communities. TOTAL STATE FUNDS $493,766,686 $394,310,008 $396,359,533 $407,956,113 State General Funds $493,766,686 $394,310,008 $396,359,533 $407,956,113 TOTAL FEDERAL FUNDS $2,664,127 $99,898,801 $99,898,801 $99,898,801 American Recovery and Reinvestment Act of 2009 $97,234,674 $97,234,674 $97,234,674 Federal Funds Not Itemized $2,664,127 $2,664,127 $2,664,127 $2,664,127 TOTAL AGENCY FUNDS $20,972,614 $20,972,614 $20,972,614 $20,972,614 Intergovernmental Transfers $9,583,011 $9,583,011 $9,583,011 $9,583,011 Intergovernmental Transfers Not Itemized $9,583,011 $9,583,011 $9,583,011 $9,583,011 Royalties and Rents $655,104 $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 $655,104 WEDNESDAY, APRIL 1, 2009 3295 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $518,128,623 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $515,906,619 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $517,956,144 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724 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 $28,430,020 $28,430,020 $28,430,020 $28,430,020 State General Funds $28,430,020 $28,430,020 $28,430,020 $28,430,020 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $231,128 $231,128 $231,128 $231,128 Agency Funds Transfers $231,128 $231,128 $231,128 $231,128 Agency Fund Transfers Not Itemized $231,128 $231,128 $231,128 $231,128 TOTAL PUBLIC FUNDS $28,661,148 $28,661,148 $28,661,148 $28,661,148 93.1 Defer the FY09 cost of living adjustment. State General Funds ($249,618) ($249,618) ($249,618) ($249,618) 93.2 Defer structure adjustments to the statewide salary plan. State General Funds ($15,149) ($15,149) ($15,149) ($15,149) 93.3 Defer special adjustments to selected job classes. State General Funds ($99,272) ($99,272) ($99,272) ($99,272) 93.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($162,512) ($162,512) ($162,512) ($162,512) 93.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($705,556) ($827,428) ($715,016) $0 93.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 3296 JOURNAL OF THE SENATE State General Funds $200,214 $200,214 $200,214 $200,214 93.7 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($1,644,473) ($1,644,473) ($1,644,473) ($1,644,473) 93.8 Transfer funds from the Detention Centers program due to the remissioning of the Emanuel Probation Detention Center (PDC) to a Transitional Center. State General Funds $2,314,792 $2,314,792 $2,314,792 $2,314,792 93.9 Transfer funds from the Probation Diversion Centers program due to the remissioning of the Clayton Diversion Center to a Transitional Center. State General Funds $78,764 $78,764 $78,764 $78,764 93.10 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($847,203) ($847,203) ($847,203) ($847,203) 93.99 SAC: The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. State General Funds $0 93.100-Transitional Centers Appropriation (HB 119) The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. TOTAL STATE FUNDS $27,300,007 $27,178,135 $27,290,547 $28,005,563 State General Funds $27,300,007 $27,178,135 $27,290,547 $28,005,563 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $231,128 $231,128 $231,128 $231,128 Agency Funds Transfers $231,128 $231,128 $231,128 $231,128 Agency Fund Transfers Not Itemized $231,128 $231,128 $231,128 $231,128 TOTAL PUBLIC FUNDS $27,531,135 $27,409,263 $27,521,675 $28,236,691 Section 18: Defense, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $11,716,641 $11,716,641 $28,312,701 $28,312,701 $11,716,641 $11,716,641 $28,312,701 $28,312,701 $11,716,641 $11,716,641 $28,312,701 $28,312,701 $11,716,641 $11,716,641 $28,312,701 $28,312,701 WEDNESDAY, APRIL 1, 2009 3297 TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 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 $9,852,681 $9,707,592 $9,852,681 $9,707,592 $27,693,338 $27,693,338 $27,693,338 $27,693,338 $816,341 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $38,362,360 $38,217,271 $9,745,300 $9,745,300 $27,693,338 $27,693,338 $816,341 $2,500 $400 $151,022 $662,419 $38,254,979 $10,693,740 $10,693,740 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $39,822,782 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 $1,326,490 $1,326,490 $1,326,490 $1,326,490 State General Funds $1,326,490 $1,326,490 $1,326,490 $1,326,490 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 $409,445 TOTAL PUBLIC FUNDS $1,735,935 $1,735,935 $1,735,935 $1,735,935 94.1 Defer the FY09 cost of living adjustment. State General Funds ($11,246) ($11,246) ($11,246) ($11,246) 94.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,684) ($2,684) ($2,684) ($2,684) 94.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce 3298 JOURNAL OF THE SENATE funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($28,886) ($34,473) ($29,790) $0 94.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $299 $299 $299 $299 94.5 Reduce funds and limit travel to out-of-state conferences and meetings. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 94.6 Transfer funds to the Military Readiness program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion. State General Funds ($66,000) ($66,000) ($66,000) ($66,000) 94.7 Eliminate funds for the Recruiting Incentive Bonus Program and bonus payments of $150 per recruit to any guardsman that successfully influences an individual to join the Georgia National Guard. State General Funds ($55,000) ($55,000) ($55,000) ($55,000) 94.8 Reduce funds and defer filling vacancies. State General Funds ($58,300) ($58,300) ($58,300) ($58,300) 94.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,100,673 $1,095,086 $1,099,769 State General Funds $1,100,673 $1,095,086 $1,099,769 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 TOTAL PUBLIC FUNDS $1,510,118 $1,504,531 $1,509,214 $1,129,559 $1,129,559 $409,445 $409,445 $1,539,004 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 $5,052,603 $5,052,603 $5,052,603 $5,052,603 State General Funds $5,052,603 $5,052,603 $5,052,603 $5,052,603 TOTAL FEDERAL FUNDS $20,100,133 $20,100,133 $20,100,133 $20,100,133 Federal Funds Not Itemized $20,100,133 $20,100,133 $20,100,133 $20,100,133 WEDNESDAY, APRIL 1, 2009 3299 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 $25,969,077 $25,969,077 $25,969,077 $25,969,077 95.1 Defer the FY09 cost of living adjustment. State General Funds ($45,218) ($45,218) ($45,218) ($45,218) 95.2 Defer structure adjustments to the statewide salary plan. State General Funds ($10,794) ($10,794) ($10,794) ($10,794) 95.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($89,066) ($106,294) ($91,853) $0 95.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $683 $683 $683 $683 95.5 Reduce funds and defer filling vacancies. State General Funds ($252,130) ($252,130) ($252,130) ($252,130) 95.6 Reduce funds from operations. State General Funds ($8,231) ($8,231) ($8,231) ($8,231) 95.7 Reduce funds and limit travel to out-of-state conferences and meetings. State General Funds ($3,000) ($3,000) ($3,000) ($3,000) 95.8 Transfer funds from the Departmental Administration program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion. State General Funds $66,000 $66,000 $66,000 $66,000 3300 JOURNAL OF THE SENATE 95.9 Reduce funds for the "Georgia Guardsman" and "Airlift Chronicle" by utilizing alternative means of publication. State General Funds ($26,000) ($26,000) ($26,000) ($26,000) 95.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($98,527) ($98,527) ($98,527) 95.11 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,321) ($1,321) 95.99 SAC: The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster. State General Funds $0 95.100-Military Readiness Appropriation (HB 119) The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster. TOTAL STATE FUNDS $4,684,847 $4,569,092 $4,582,212 $4,674,065 State General Funds $4,684,847 $4,569,092 $4,582,212 $4,674,065 TOTAL FEDERAL FUNDS $20,100,133 $20,100,133 $20,100,133 $20,100,133 Federal Funds Not Itemized $20,100,133 $20,100,133 $20,100,133 $20,100,133 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 $25,601,321 $25,485,566 $25,498,686 $25,590,539 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 $5,337,548 $5,337,548 $5,337,548 $5,337,548 WEDNESDAY, APRIL 1, 2009 3301 State General Funds $5,337,548 $5,337,548 $5,337,548 $5,337,548 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 $13,140,671 $13,140,671 $13,140,671 $13,140,671 96.1 Defer the FY09 cost of living adjustment. State General Funds ($38,349) ($38,349) ($38,349) ($38,349) 96.2 Defer structure adjustments to the statewide salary plan. State General Funds ($9,153) ($9,153) ($9,153) ($9,153) 96.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($122,768) ($146,515) ($126,610) $0 96.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $70 $70 $70 $70 96.5 Reduce funds received in HB990 (FY09G) for STARBASE of Savannah. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 96.6 Reduce funds from the Youth Challenge Academies by eliminating one platoon of fifty students per class cycle at each academy. State General Funds ($700,187) ($700,187) ($700,187) $0 Federal Funds Not Itemized ($619,363) ($619,363) ($619,363) $0 TOTAL PUBLIC FUNDS ($1,319,550) ($1,319,550) ($1,319,550) $0 96.99 SAC: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. State General Funds $0 96.100-Youth Educational Services Appropriation (HB 119) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. TOTAL STATE FUNDS $4,067,161 $4,043,414 $4,063,319 $4,890,116 3302 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,067,161 $7,183,760 $7,183,760 $11,250,921 $4,043,414 $7,183,760 $7,183,760 $11,227,174 $4,063,319 $7,183,760 $7,183,760 $11,247,079 $4,890,116 $7,803,123 $7,803,123 $12,693,239 Section 19: Driver Services, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $57,214,939 $56,337,015 $57,214,939 $56,337,015 $2,844,040 $2,844,040 $2,844,040 $2,844,040 $60,058,979 $59,181,055 $58,548,538 $58,548,538 $2,844,040 $2,844,040 $61,392,578 $57,751,761 $57,751,761 $2,844,040 $2,844,040 $60,595,801 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 $9,397,002 $9,397,002 $9,397,002 $9,397,002 State General Funds $9,397,002 $9,397,002 $9,397,002 $9,397,002 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 $500,857 Sales and Services $500,857 $500,857 $500,857 $500,857 Sales and Services Not Itemized $500,857 $500,857 $500,857 $500,857 TOTAL PUBLIC FUNDS $9,897,859 $9,897,859 $9,897,859 $9,897,859 97.1 Defer the FY09 cost of living adjustment. State General Funds ($64,146) ($64,146) ($64,146) ($64,146) 97.2 Defer structure adjustments to the statewide salary plan. WEDNESDAY, APRIL 1, 2009 3303 State General Funds ($773) ($773) ($773) ($773) 97.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($162,902) ($207,324) ($179,158) $0 97.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $194,045 $194,045 $194,045 $194,045 97.5 Reduce funds from operations. State General Funds ($55,717) ($55,717) ($55,717) ($55,717) 97.6 Reduce funds due to modifications in service delivery and costs. State General Funds ($43,362) ($43,362) ($43,362) ($43,362) 97.7 Reduce funds for public service announcements, travel, and recruitment. State General Funds ($191,599) ($191,599) ($191,599) ($191,599) 97.8 Reduce funds received in HB990 (FY09G) for two positions for the Secure License initiative. State General Funds ($101,411) ($101,411) ($101,411) ($101,411) 97.9 Reduce funds for data line charges due to efficiencies realized after driver data cleanup. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 97.10 Reduce funds for postage expenses by using electronic receipt of certified mail. State General Funds ($59,600) ($59,600) ($59,600) ($59,600) 97.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($88,714) ($88,714) ($88,714) 97.12 Reduce merit system assessments from $147 to $137 per position. State General Funds ($12,359) ($12,359) 97.100-Customer Service Support Appropriation (HB 119) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $8,811,537 $8,678,401 $8,694,208 $8,873,366 State General Funds $8,811,537 $8,678,401 $8,694,208 $8,873,366 3304 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500,857 $500,857 $500,857 $9,312,394 $500,857 $500,857 $500,857 $9,179,258 $500,857 $500,857 $500,857 $9,195,065 $500,857 $500,857 $500,857 $9,374,223 License Issuance Continuation Budget 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 $48,970,925 $48,970,925 $48,970,925 $48,970,925 State General Funds $48,970,925 $48,970,925 $48,970,925 $48,970,925 TOTAL AGENCY FUNDS $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,827,835 $1,827,835 $1,827,835 $1,827,835 TOTAL PUBLIC FUNDS $50,798,760 $50,798,760 $50,798,760 $50,798,760 98.1 Defer the FY09 cost of living adjustment. State General Funds ($357,448) ($357,448) ($357,448) ($357,448) 98.2 Defer structure adjustments to the statewide salary plan. State General Funds ($4,308) ($4,308) ($4,308) ($4,308) 98.3 Defer salary adjustments for critical jobs. State General Funds ($332,192) ($332,192) ($332,192) ($332,192) 98.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($907,754) ($1,155,289) ($998,335) $0 98.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $921,479 $921,479 $921,479 $921,479 98.6 Reduce one-time funds received to reprogram and update the driver license issuance system to accommodate revised business requirements related to the Digitized Licensing System. State General Funds ($654,950) ($654,950) ($654,950) ($654,950) WEDNESDAY, APRIL 1, 2009 3305 98.7 Reduce funds from operations. State General Funds ($199,499) ($199,499) ($199,499) ($199,499) 98.8 Increase funds for card costs associated with technology, security, and process improvement solutions offered through the new Digitized Licensing System. State General Funds $3,853,249 $3,853,249 $3,853,249 $3,853,249 98.9 Reduce funds from the remainder of the Electronic Document Imaging System development contract. State General Funds ($968,500) ($968,500) ($968,500) ($968,500) 98.10 Reduce funds designated to purchase vehicles. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 98.11 Reduce funds and cease payments to courts for filing traffic citation information electronically due to a potential statute change. State General Funds ($359,824) ($359,824) ($359,824) ($359,824) 98.12 Reduce funds received in HB95 (FY08G) for the Walton County Customer Service Center by opening the center at a 50% staffing level and holding eleven positions vacant. State General Funds ($394,495) ($394,495) ($394,495) ($394,495) 98.13 Reduce funds for public service announcements, travel, and recruitment. State General Funds ($66,055) ($66,055) ($66,055) ($66,055) 98.14 Reduce funds for the printing of driver license manuals through monitored distribution and utilization of online versions. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 98.15 Reduce funds due to modifications in service delivery and costs. State General Funds ($301,890) ($301,890) ($301,890) ($301,890) 98.16 Reduce funds received in HB990 (FY09G) for twenty-five positions for the Secure License initiative. State General Funds ($895,308) ($895,308) ($895,308) ($895,308) 98.17 Reduce funds and defer opening the Clayton Customer Service Center and relocating the Toccoa Customer Service Center and eliminate three positions. State General Funds ($135,842) ($135,842) ($135,842) ($135,842) 98.18 Reduce funds for data line charges due to efficiencies realized after driver data cleanup. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 98.19 Reduce funds by using electronic receipt of certified mail. State General Funds ($49,600) ($49,600) ($49,600) ($49,600) 98.20 Reduce funds from printing Voter Identification cards. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 98.21 Reduce funds to reflect the revised revenue estimate. 3306 JOURNAL OF THE SENATE State General Funds ($468,852) ($468,852) ($468,852) 98.99 SAC: The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud. State General Funds $0 98.100-License Issuance Appropriation (HB 119) The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud. TOTAL STATE FUNDS $47,387,988 $46,671,601 $46,828,555 $47,826,890 State General Funds $47,387,988 $46,671,601 $46,828,555 $47,826,890 TOTAL AGENCY FUNDS $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,827,835 $1,827,835 $1,827,835 $1,827,835 TOTAL PUBLIC FUNDS $49,215,823 $48,499,436 $48,656,390 $49,654,725 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 $4,423,584 $4,423,584 $4,423,584 $4,423,584 State General Funds $4,423,584 $4,423,584 $4,423,584 $4,423,584 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 $4,938,932 $4,938,932 $4,938,932 $4,938,932 99.1 Defer the FY09 cost of living adjustment. State General Funds ($19,954) ($19,954) ($19,954) ($19,954) 99.2 Defer structure adjustments to the statewide salary plan. State General Funds ($241) ($241) ($241) ($241) 99.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce WEDNESDAY, APRIL 1, 2009 3307 funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($50,674) ($64,492) ($55,730) $0 99.4 Reduce funds from the Alcohol and Drug Awareness Program for classroom based instruction and realize savings by offering the program online. State General Funds ($120,000) ($120,000) $0 ($120,000) 99.5 Reduce funds from operations. State General Funds ($15,269) ($15,269) ($15,269) ($15,269) 99.6 Reduce funds by eliminating two positions and instituting risk-based auditing for drivers' education and commercial driver licenses third-party testing programs. State General Funds ($80,000) ($80,000) ($80,000) ($80,000) 99.7 Reduce funds for public service announcements, travel, and recruitment. State General Funds ($8,500) ($8,500) ($8,500) ($8,500) 99.8 Reduce funds due to modifications in service delivery and operations costs. State General Funds ($357,314) ($357,314) ($357,314) ($357,314) 99.9 Reduce and defer funds for the Georgia Driver's Education Commission. (H:Partially restore funds to provide grants - maximum grant allowance of $100,000 - to schools which currently do not have a licensed Driver's Education program, and have never received a Georgia Driver's Education Commission grant) State General Funds ($2,756,218) ($2,756,218) ($846,218) ($2,756,218) 99.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($14,583) ($14,583) ($14,583) 99.99 SAC: The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify ignition interlock device providers. State General Funds $0 99.100-Regulatory Compliance Appropriation (HB 119) The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify ignition interlock device providers. TOTAL STATE FUNDS $1,015,414 $987,013 $3,025,775 $1,051,505 State General Funds $1,015,414 $987,013 $3,025,775 $1,051,505 3308 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $515,348 $515,348 $515,348 $1,530,762 $515,348 $515,348 $515,348 $1,502,361 $515,348 $515,348 $515,348 $3,541,123 $515,348 $515,348 $515,348 $1,566,853 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 $341,592,254 $341,592,254 $341,592,254 $4,574,106 $4,574,106 $4,574,106 $337,018,148 $337,018,148 $337,018,148 $124,640,740 $124,640,740 $124,640,740 $22,136,870 $22,136,870 $22,136,870 $102,503,870 $102,503,870 $102,503,870 $55,000 $55,000 $55,000 $55,000 $55,000 $55,000 $466,287,994 $466,287,994 $466,287,994 $341,592,254 $4,574,106 $337,018,148 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994 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 $353,561,005 $353,493,923 $3,858,459 $3,791,377 $349,702,546 $349,702,546 $124,640,740 $124,640,740 $22,136,870 $22,136,870 $102,503,870 $102,503,870 $55,000 $55,000 $55,000 $55,000 $478,256,745 $478,189,663 $353,513,261 $3,810,715 $349,702,546 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $478,209,001 $351,767,483 $3,944,272 $347,823,211 $134,640,740 $32,136,870 $102,503,870 $55,000 $55,000 $486,463,223 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 $4,574,106 $4,574,106 $4,574,106 $4,574,106 State General Funds $4,574,106 $4,574,106 $4,574,106 $4,574,106 WEDNESDAY, APRIL 1, 2009 3309 TOTAL FEDERAL FUNDS $4,022,917 $4,022,917 $4,022,917 $4,022,917 Child Care & Development Block Grant CFDA93.575 $4,022,917 $4,022,917 $4,022,917 $4,022,917 TOTAL AGENCY FUNDS $55,000 $55,000 $55,000 $55,000 Sales and Services $55,000 $55,000 $55,000 $55,000 Sales and Services Not Itemized $55,000 $55,000 $55,000 $55,000 TOTAL PUBLIC FUNDS $8,652,023 $8,652,023 $8,652,023 $8,652,023 100.1 Defer the FY09 cost of living adjustment. State General Funds ($51,314) ($51,314) ($51,314) ($51,314) 100.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,993) ($2,993) ($2,993) ($2,993) 100.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($126,057) ($154,554) ($133,557) $0 100.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($54,629) ($54,629) ($54,629) ($54,629) 100.5 Reduce funds from operations. State General Funds ($281,869) ($281,869) ($281,869) ($281,869) 100.6 Reduce funds by closing the regional office in Martinez, Georgia. State General Funds ($108,738) ($108,738) ($108,738) ($108,738) 100.7 Reduce funds from personnel. State General Funds ($90,047) ($90,047) ($90,047) ($90,047) 100.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($38,585) ($38,585) ($38,585) 100.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,659) ($1,659) 100.99 SAC: The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities. State General Funds $0 3310 JOURNAL OF THE SENATE 100.100-Child Care Services Appropriation (HB 119) The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities. TOTAL STATE FUNDS $3,858,459 $3,791,377 $3,810,715 $3,944,272 State General Funds $3,858,459 $3,791,377 $3,810,715 $3,944,272 TOTAL FEDERAL FUNDS $4,022,917 $4,022,917 $4,022,917 $4,022,917 Child Care & Development Block Grant CFDA93.575 $4,022,917 $4,022,917 $4,022,917 $4,022,917 TOTAL AGENCY FUNDS $55,000 $55,000 $55,000 $55,000 Sales and Services $55,000 $55,000 $55,000 $55,000 Sales and Services Not Itemized $55,000 $55,000 $55,000 $55,000 TOTAL PUBLIC FUNDS $7,936,376 $7,869,294 $7,888,632 $8,022,189 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 $0 State General Funds $0 TOTAL FEDERAL FUNDS $102,000,000 $102,000,000 $102,000,000 $102,000,000 Federal Funds Not Itemized $102,000,000 $102,000,000 $102,000,000 $102,000,000 TOTAL PUBLIC FUNDS $102,000,000 $102,000,000 $102,000,000 $102,000,000 101.99 SAC: The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer. State General Funds $0 101.100 -Nutrition Appropriation (HB 119) The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer. TOTAL FEDERAL FUNDS $102,000,000 $102,000,000 $102,000,000 $102,000,000 Federal Funds Not Itemized $102,000,000 $102,000,000 $102,000,000 $102,000,000 TOTAL PUBLIC FUNDS $102,000,000 $102,000,000 $102,000,000 $102,000,000 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. WEDNESDAY, APRIL 1, 2009 3311 TOTAL STATE FUNDS $337,018,148 $337,018,148 $337,018,148 $337,018,148 State General Funds $0 $0 $0 $0 Lottery Proceeds $337,018,148 $337,018,148 $337,018,148 $337,018,148 TOTAL FEDERAL FUNDS $617,823 $617,823 $617,823 $617,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 $113,953 Federal Funds Not Itemized $503,870 $503,870 $503,870 $503,870 TOTAL PUBLIC FUNDS $337,635,971 $337,635,971 $337,635,971 $337,635,971 102.1 Defer the FY09 cost of living adjustment. Lottery Proceeds ($34,650) ($34,650) ($34,650) ($34,650) 102.2 Increase funds for 3,000 additional Pre-K slots, bringing total enrollment to 82,000. (H:Provide for additional start-up funds for turnover classes)(S:Increase funds for 2,500 additional slots) Lottery Proceeds $12,469,667 $12,469,667 $12,835,888 $10,696,593 102.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. Lottery Proceeds $249,381 $249,381 $335,457 $335,457 102.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan. Lottery Proceeds ($452,297) $0 102.5 Reduce funds from operations. Lottery Proceeds ($192,337) 102.99 SAC: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre- Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds. State General Funds $0 102.100-Pre-Kindergarten Program Appropriation (HB 119) The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds. TOTAL STATE FUNDS $349,702,546 $349,702,546 $349,702,546 $347,823,211 Lottery Proceeds $349,702,546 $349,702,546 $349,702,546 $347,823,211 TOTAL FEDERAL FUNDS $617,823 $617,823 $617,823 $617,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 $113,953 Federal Funds Not Itemized $503,870 $503,870 $503,870 $503,870 3312 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $350,320,369 $350,320,369 $350,320,369 $348,441,034 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 State General Funds $0 TOTAL FEDERAL FUNDS $18,000,000 $18,000,000 $18,000,000 $18,000,000 Child Care & Development Block Grant CFDA93.575 $18,000,000 $18,000,000 $18,000,000 $18,000,000 TOTAL PUBLIC FUNDS $18,000,000 $18,000,000 $18,000,000 $18,000,000 103.1 Increase funds. Child Care & Development Block Grant CFDA93.575 $10,000,000 103.99 SAC: The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child care, and nutrition for Georgia's children and families. State General Funds $0 103.100-Quality Initiatives Appropriation (HB 119) The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child care, and nutrition for Georgia's children and families. TOTAL FEDERAL FUNDS $18,000,000 $18,000,000 $18,000,000 $28,000,000 Child Care & Development Block Grant CFDA93.575 $18,000,000 $18,000,000 $18,000,000 $28,000,000 TOTAL PUBLIC FUNDS $18,000,000 $18,000,000 $18,000,000 $28,000,000 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 $39,581,672 $39,581,672 $39,581,672 $39,581,672 $39,581,672 $39,581,672 $20,244 $20,244 $20,244 $20,244 $20,244 $20,244 $39,601,916 $39,601,916 $39,601,916 $39,581,672 $39,581,672 $20,244 $20,244 $39,601,916 TOTAL STATE FUNDS Section Total - Final $30,949,077 $30,534,740 $31,106,858 $34,006,415 WEDNESDAY, APRIL 1, 2009 3313 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS $30,949,077 $20,244 $20,244 $30,969,321 $30,534,740 $20,244 $20,244 $30,554,984 $31,106,858 $20,244 $20,244 $31,127,102 $34,006,415 $20,244 $20,244 $34,026,659 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 $11,256,519 $11,256,519 $11,256,519 $11,256,519 State General Funds $11,256,519 $11,256,519 $11,256,519 $11,256,519 TOTAL PUBLIC FUNDS $11,256,519 $11,256,519 $11,256,519 $11,256,519 104.1 Defer the FY09 cost of living adjustment. State General Funds ($75,543) ($75,543) ($75,543) ($75,543) 104.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($154,796) ($184,778) ($159,675) $0 104.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,964 $11,964 $11,964 $11,964 104.4 Reduce funds from domestic and global marketing for advertising purchases, sponsorships, public relations contracts, and website upgrades. State General Funds ($1,294,456) ($1,294,456) ($1,294,456) ($1,294,456) 104.5 Reduce funds by eliminating one office administrative generalist position and one vacant marketing specialist position. State General Funds ($117,054) ($117,054) ($117,054) ($117,054) 104.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($142,381) ($296,446) ($296,446) 104.7 Reduce funds by eliminating three regional representative positions. State General Funds ($260,000) 104.99 SAC: The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of 3314 JOURNAL OF THE SENATE regional project managers, foreign and domestic marketing, and participation in Georgia Allies. State General Funds $0 104.100-Business Recruitment and Expansion Appropriation (HB 119) The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and domestic marketing, and participation in Georgia Allies. TOTAL STATE FUNDS $9,626,634 $9,454,271 $9,325,309 $9,224,984 State General Funds $9,626,634 $9,454,271 $9,325,309 $9,224,984 TOTAL PUBLIC FUNDS $9,626,634 $9,454,271 $9,325,309 $9,224,984 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 $6,232,628 $6,232,628 $6,232,628 $6,232,628 State General Funds $6,232,628 $6,232,628 $6,232,628 $6,232,628 TOTAL PUBLIC FUNDS $6,232,628 $6,232,628 $6,232,628 $6,232,628 105.1 Defer the FY09 cost of living adjustment. State General Funds ($43,533) ($43,533) ($43,533) ($43,533) 105.2 Defer structure adjustments to the statewide salary plan. State General Funds ($962) ($962) ($962) ($962) 105.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($125,871) ($150,334) ($129,910) $0 105.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $20,633 $20,633 $20,633 $20,633 105.5 Reduce funds for technology upgrades and the contract to clean fleet vehicles monthly. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 105.6 Reduce funds by eliminating one vacant graphics specialist, one vacant programmer position, one vacant executive director WEDNESDAY, APRIL 1, 2009 3315 position, one vacant administrative position, and one vacant systems administrator position. State General Funds ($373,000) ($373,000) 105.7 Reduce funds received in HB85 (FY06G) for the Georgia Shrimp Association. State General Funds ($100,000) ($100,000) 105.8 Reduce funds received in HB85 (FY06G) for the branding campaign. State General Funds ($500,000) ($500,000) 105.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($74,468) 105.10 Reduce merit system assessments from $147 to $137 per position. State General Funds ($373,000) ($100,000) ($500,000) $0 ($2,199) ($373,000) ($100,000) ($500,000) $0 ($2,199) 105.100-Departmental Administration Appropriation (HB 119) 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 $5,034,895 $4,935,964 $5,028,657 $5,158,567 State General Funds $5,034,895 $4,935,964 $5,028,657 $5,158,567 TOTAL PUBLIC FUNDS $5,034,895 $4,935,964 $5,028,657 $5,158,567 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 $1,197,025 $1,197,025 $1,197,025 $1,197,025 State General Funds $1,197,025 $1,197,025 $1,197,025 $1,197,025 TOTAL PUBLIC FUNDS $1,197,025 $1,197,025 $1,197,025 $1,197,025 106.1 Defer the FY09 cost of living adjustment. State General Funds ($6,345) ($6,345) ($6,345) ($6,345) 106.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($17,398) ($20,768) ($17,947) $0 3316 JOURNAL OF THE SENATE 106.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $359 $359 $359 $359 106.4 Reduce funds received in HB85 (FY06G) for expanded recorded music industry promotions, additional film industry advertising, and entertainment technology marketing. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 106.5 Reduce funds from advertising purchases, sponsorships, marketing events, and other promotional initiatives. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 106.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,436) $0 ($48,735) 106.99 SAC: The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state. State General Funds $0 106.100-Film, Video, and Music Appropriation (HB 119) The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state. TOTAL STATE FUNDS $1,043,641 $1,024,835 $1,043,092 $1,012,304 State General Funds $1,043,641 $1,024,835 $1,043,092 $1,012,304 TOTAL PUBLIC FUNDS $1,043,641 $1,024,835 $1,043,092 $1,012,304 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 $1,932,504 $1,932,504 $1,932,504 $1,932,504 State General Funds $1,932,504 $1,932,504 $1,932,504 $1,932,504 TOTAL PUBLIC FUNDS $1,932,504 $1,932,504 $1,932,504 $1,932,504 107.1 Defer the FY09 cost of living adjustment. State General Funds ($6,191) ($6,191) ($6,191) ($6,191) 107.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of WEDNESDAY, APRIL 1, 2009 3317 State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($16,434) ($19,617) ($16,952) $0 107.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $932 $932 $932 $932 107.4 Reduce funds from personnel. State General Funds ($52,217) ($52,217) ($52,217) ($52,217) 107.5 Reduce funds from marketing for the Georgia Electronic Design Center. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 107.6 Reduce one-time funds received in HB990 (FY09G) for the Herty Advanced Materials Development Center. State General Funds ($200,000) ($200,000) ($200,000) ($100,000) 107.7 Transfer funds to the Department of Community Affairs for Appalachian Community Enterprise contracts for micro-enterprise loans. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 107.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($21,203) $0 $0 107.99 SAC: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. State General Funds $0 107.100-Innovation and Technology Appropriation (HB 119) The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. TOTAL STATE FUNDS $1,433,594 $1,409,208 $1,433,076 $1,550,028 State General Funds $1,433,594 $1,409,208 $1,433,076 $1,550,028 TOTAL PUBLIC FUNDS $1,433,594 $1,409,208 $1,433,076 $1,550,028 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. 3318 JOURNAL OF THE SENATE TOTAL STATE FUNDS $2,440,966 $2,440,966 $2,440,966 $2,440,966 State General Funds $2,440,966 $2,440,966 $2,440,966 $2,440,966 TOTAL PUBLIC FUNDS $2,440,966 $2,440,966 $2,440,966 $2,440,966 108.1 Defer the FY09 cost of living adjustment. State General Funds ($10,697) ($10,697) ($10,697) ($10,697) 108.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($28,385) ($33,883) ($29,280) $0 108.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,152 $2,152 $2,152 $2,152 108.4 Reduce funds by eliminating one vacant business operations position. State General Funds ($55,420) ($55,420) ($55,420) ($55,420) 108.5 Reduce funds received in HB85 (FY06G) for international industry marketing. (H:Partially restore funds for marketing) State General Funds ($200,000) ($200,000) ($100,000) ($200,000) 108.6 Reduce funds from marketing for trade show attendance. State General Funds ($98,430) ($98,430) ($98,430) ($98,430) 108.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($30,323) $0 $0 108.99 SAC: The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses. State General Funds $0 108.100-International Relations and Trade Appropriation (HB 119) The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses. TOTAL STATE FUNDS $2,050,186 $2,014,365 $2,149,291 $2,078,571 WEDNESDAY, APRIL 1, 2009 3319 State General Funds TOTAL PUBLIC FUNDS $2,050,186 $2,050,186 $2,014,365 $2,014,365 $2,149,291 $2,149,291 $2,078,571 $2,078,571 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 $958,904 $958,904 $958,904 $958,904 State General Funds $958,904 $958,904 $958,904 $958,904 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 $979,148 $979,148 $979,148 $979,148 109.1 Defer the FY09 cost of living adjustment. State General Funds ($8,376) ($8,376) ($8,376) ($8,376) 109.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($22,217) ($26,520) ($22,917) $0 109.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,291 $1,291 $1,291 $1,291 109.4 Reduce funds by eliminating one vacant business operations position. State General Funds ($75,309) ($75,309) ($75,309) ($75,309) 109.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,635) $0 $0 109.99 SAC: The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses. State General Funds $0 3320 JOURNAL OF THE SENATE 109.100-Small and Minority Business Development Appropriation (HB 119) The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses. TOTAL STATE FUNDS $854,293 $837,355 $853,593 $876,510 State General Funds $854,293 $837,355 $853,593 $876,510 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 $874,537 $857,599 $873,837 $896,754 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 $13,460,178 $13,460,178 $13,460,178 $13,460,178 State General Funds $13,460,178 $13,460,178 $13,460,178 $13,460,178 TOTAL PUBLIC FUNDS $13,460,178 $13,460,178 $13,460,178 $13,460,178 110.1 Defer the FY09 cost of living adjustment. State General Funds ($46,586) ($46,586) ($46,586) ($46,586) 110.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($125,783) ($150,145) ($129,747) $0 110.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $14,219 $14,219 $14,219 $14,219 110.4 Reduce funds from personnel. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 110.5 Reduce funds from Marketing Co-Op Grant Program, the Tourism Product Development Program, the Techno-Tourism e- Challenge Grant Program, foreign and domestic advertising, conference and trade show attendance, and promotional items. WEDNESDAY, APRIL 1, 2009 3321 (H:Partially restore funds for general tourism marketing)(S:Provide funds for domestic tourism advertising and dedicate $172,000 to promote tourism opportunities in state parks) State General Funds ($1,711,120) ($1,711,120) ($1,611,120) ($329,092) 110.6 Reduce funds from the Tourism Foundation. (S:Restore funds for Tourism marketing) State General Funds ($1,000,000) ($1,000,000) ($1,000,000) $0 110.7 Reduce funds received in HB95 (FY08G) for the Civil War Trails. (H and S:Partially restore funds for the Civil War Trails in recognition of Sesquicentennial preparations) State General Funds ($200,000) ($200,000) ($150,000) ($150,000) 110.8 Reduce funds from the Bainbridge welcome center ($98,325), Washington-Wilkes welcome center ($2,500), Statesboro and Woodstock convention and visitor bureaus ($4,000), and local welcome center contracts ($21,426). (S:Restore funds for the Bainbridge welcome center) State General Funds ($126,251) ($126,251) ($126,251) ($27,926) 110.9 Reduce funds from the Historic Chattahoochee Commission. State General Funds ($2,500) ($2,500) ($2,500) ($2,500) 110.10 Reduce one-time funds received for the Veteran's Wall of Honor. State General Funds ($150,000) ($150,000) ($100,000) ($150,000) 110.11 Reduce one-time funds received for education programs for the Warner Robins Air Force Base Museum. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 110.12 Reduce funds from the contract with the Georgia Historical Society. (H:Partially restore funds for the Georgia Historical Society's Civil War Marker restoration project in recognition of Sesquicentennial preparations)(S:Restore funds ($30,000) and transfer funds from the Office of Secretary of State for the Georgia Historical Society ($90,000)) State General Funds ($60,000) ($60,000) ($30,000) $60,000 110.13 Eliminate funds and two positions from the Sylvania ($139,389) and Plains ($186,407) State Visitor Information Centers (VIC). (S:Reduce funds from the Sylvania VIC ($39,389), partner with technical colleges to offer and operate courses at the center, and realize savings by altering operating hours at VICs to a Thursday to Monday schedule ($100,000)) State General Funds ($325,796) ($325,796) ($325,796) ($139,389) 110.99 SAC: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society, and work with communities to develop and market tourism products in order to attract more tourism to the state. State General Funds $0 110.100 -Tourism Appropriation (HB 119) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and 3322 JOURNAL OF THE SENATE maintain state welcome centers, fund the Georgia Historical Society, and work with communities to develop and market tourism products in order to attract more tourism to the state. TOTAL STATE FUNDS $9,601,361 $9,576,999 $9,827,397 $12,563,904 State General Funds $9,601,361 $9,576,999 $9,827,397 $12,563,904 TOTAL PUBLIC FUNDS $9,601,361 $9,576,999 $9,827,397 $12,563,904 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 $50,000 State General Funds $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 111.1 Reduce funds from contracts. (H:Partially restore funds in recognition of Sesquicentennial preparations. Commission is to become self-sufficient) State General Funds ($50,000) ($50,000) ($25,000) ($25,000) 111.100-Civil War Commission Appropriation (HB 119) 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 $25,000 $25,000 State General Funds $25,000 $25,000 TOTAL PUBLIC FUNDS $25,000 $25,000 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 $50,000 112.1 Reduce funds from operations. (H:Authority is to become self-sufficient)(S:Reduce funds from operations) State General Funds ($5,000) ($5,000) ($5,000) 112.2 Reduce funds to reflect the revised revenue estimate. $50,000 $50,000 $50,000 ($5,000) WEDNESDAY, APRIL 1, 2009 3323 State General Funds ($450) ($450) ($450) 112.100-Payments to Aviation Hall of Fame Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $45,000 $44,550 $44,550 State General Funds $45,000 $44,550 $44,550 TOTAL PUBLIC FUNDS $45,000 $44,550 $44,550 $44,550 $44,550 $44,550 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 $414,189 $414,189 $414,189 State General Funds $414,189 $414,189 $414,189 TOTAL PUBLIC FUNDS $414,189 $414,189 $414,189 113.1 Defer the FY09 cost of living adjustment. State General Funds ($2,901) ($2,901) ($2,901) 113.2 Eliminate three positions and funds from operations. (H and S:Partially restore funds) State General Funds ($411,288) ($411,288) ($111,288) $414,189 $414,189 $414,189 ($2,901) ($111,288) 113.100-Payments to Georgia Medical Center Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $300,000 State General Funds $300,000 TOTAL PUBLIC FUNDS $300,000 $300,000 $300,000 $300,000 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 $826,790 $826,790 $826,790 $826,790 State General Funds $826,790 $826,790 $826,790 $826,790 TOTAL PUBLIC FUNDS $826,790 $826,790 $826,790 $826,790 114.1 Defer the FY09 cost of living adjustment. State General Funds ($7,071) ($7,071) ($7,071) ($7,071) 114.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of 3324 JOURNAL OF THE SENATE State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($12,262) ($20,155) ($17,417) $0 114.3 Reduce funds from operations. (H:Authority is to become self-sufficient) State General Funds ($68,246) ($68,246) ($102,369) ($68,246) 114.4 Eliminate one-time funds received in HB990 (FY09G) for The Big House and the induction ceremony. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 114.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($6,142) ($6,142) ($6,142) 114.99 SAC: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events. State General Funds $0 114.100-Payments to Georgia Music Hall of Fame Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events. TOTAL STATE FUNDS $614,211 $600,176 $568,791 $620,331 State General Funds $614,211 $600,176 $568,791 $620,331 TOTAL PUBLIC FUNDS $614,211 $600,176 $568,791 $620,331 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 $651,969 $651,969 $651,969 $651,969 State General Funds $651,969 $651,969 $651,969 $651,969 TOTAL PUBLIC FUNDS $651,969 $651,969 $651,969 $651,969 115.1 Defer the FY09 cost of living adjustment. State General Funds ($5,715) ($5,715) ($5,715) ($5,715) 115.2 Defer performance based salary adjustments. State General Funds $1,755 $1,755 $1,755 $1,755 115.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of WEDNESDAY, APRIL 1, 2009 3325 State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($10,987) ($12,779) ($11,043) $0 115.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($2,728) ($2,728) ($2,728) ($2,728) 115.5 Reduce funds from operations. (H:Authority is to become self-sufficient) State General Funds ($63,032) ($63,032) ($95,553) ($63,032) 115.6 Reduce one-time funds received in HB95 (FY08G) for operations. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 115.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,463) ($5,463) ($5,463) 115.8 Reduce merit system assessments from $147 to $137 per position. State General Funds ($120) ($120) 115.100-Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $546,262 $539,007 $508,102 State General Funds $546,262 $539,007 $508,102 TOTAL PUBLIC FUNDS $546,262 $539,007 $508,102 $551,666 $551,666 $551,666 Payments to Golf Hall Of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. TOTAL STATE FUNDS $110,000 $110,000 State General Funds $110,000 $110,000 TOTAL PUBLIC FUNDS $110,000 $110,000 116.1 Reduce funds from personnel. State General Funds ($4,400) ($4,400) 116.2 Reduce funds from operations. State General Funds ($6,600) ($6,600) 116.3 Reduce funds to reflect the revised revenue estimate. $110,000 $110,000 $110,000 ($4,400) ($6,600) $110,000 $110,000 $110,000 ($4,400) ($6,600) 3326 JOURNAL OF THE SENATE State General Funds 116.4 Eliminate remaining funds. State General Funds ($990) ($990) ($98,010) ($990) ($98,010) 116.100-Payments to Golf Hall Of Fame Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. TOTAL STATE FUNDS $99,000 $98,010 State General Funds $99,000 $98,010 TOTAL PUBLIC FUNDS $99,000 $98,010 Section 22: Education, Department of Section Total - Continuation 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 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,853,645,621 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,853,645,621 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,853,645,621 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,853,645,621 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Section Total - Final $7,945,380,351 $7,551,337,074 $7,945,380,351 $7,551,337,074 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $1,950,375,406 $319,175,639 $1,631,199,767 $26,848,083 $5,139,598 $7,574,738,611 $7,574,738,611 $2,031,199,767 $400,000,000 $1,631,199,767 $26,848,083 $5,139,598 $7,384,880,085 $7,383,107,011 $1,773,074 $1,965,781,645 $334,581,878 $1,631,199,767 $26,848,083 $5,139,598 WEDNESDAY, APRIL 1, 2009 3327 Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $2,344,991 $18,384,254 $979,240 $9,603,428,201 $2,344,991 $18,384,254 $979,240 $9,528,560,563 $2,344,991 $18,384,254 $979,240 $9,632,786,461 $2,344,991 $18,384,254 $979,240 $9,377,509,813 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 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 $5,244,353 $5,244,353 $5,244,353 $5,244,353 State General Funds $5,244,353 $5,244,353 $5,244,353 $5,244,353 TOTAL PUBLIC FUNDS $5,244,353 $5,244,353 $5,244,353 $5,244,353 117.1 Defer the FY09 cost of living adjustment. State General Funds ($27,261) ($27,261) ($27,261) ($27,261) 117.2 Eliminate funds for Academic Coaches. State General Funds ($1,366,710) ($1,366,710) ($1,366,710) ($1,366,710) 117.3 Reduce funds by eliminating six science mentor positions and associated operating expenses. State General Funds ($780,502) ($780,502) ($780,502) ($780,502) 117.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $8,978 $8,978 $8,978 $8,978 117.5 Eliminate funds for Mentor Teachers. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 117.98 Transfer all funds and activities for Math and Science Mentors and Teacher Success/CLASS Keys to the School Improvement program. (H:Transfer all funds and activities for Teacher Success/CLASS Keys to the School Improvement program and change program name to Math and Science Mentors) State General Funds ($2,878,858) ($2,878,858) ($257,500) ($2,878,858) 117.100-Academic Coach Program Appropriation (HB 119) 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 $2,621,358 State General Funds $2,621,358 3328 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $2,621,358 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 $8,985,622 $8,985,622 $8,985,622 $8,985,622 State General Funds $8,985,622 $8,985,622 $8,985,622 $8,985,622 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 $3,540,002 $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers $3,540,002 $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers Not Itemized $3,540,002 $3,540,002 $3,540,002 $3,540,002 TOTAL PUBLIC FUNDS $12,652,201 $12,652,201 $12,652,201 $12,652,201 118.1 Annualize the cost of the FY09 salary adjustment. State General Funds $41,071 $41,071 $41,071 $41,071 118.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($79,496) ($32,593) $0 118.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($269,569) ($169,569) ($169,569) 118.4 Reduce funds from Food Processing Plants ($100,000) and utilize remaining funds for Extended Year/Extended Day ($200,000). State General Funds ($100,000) ($100,000) 118.99 SAC: The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. State General Funds $0 118.100-Agricultural Education Appropriation (HB 119) The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. TOTAL STATE FUNDS $9,026,693 $8,677,628 $8,724,531 $8,757,124 State General Funds $9,026,693 $8,677,628 $8,724,531 $8,757,124 WEDNESDAY, APRIL 1, 2009 3329 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,693,272 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,344,207 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,391,110 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,423,703 Central Office Continuation Budget The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $41,124,236 $41,124,236 $41,124,236 $41,124,236 State General Funds $41,124,236 $41,124,236 $41,124,236 $41,124,236 TOTAL FEDERAL FUNDS $53,696,847 $53,696,847 $53,696,847 $53,696,847 Federal Funds Not Itemized $53,696,847 $53,696,847 $53,696,847 $53,696,847 TOTAL AGENCY FUNDS $7,832,201 $7,832,201 $7,832,201 $7,832,201 Contributions, Donations, and Forfeitures $4,323,114 $4,323,114 $4,323,114 $4,323,114 Contributions, Donations, and Forfeitures Not Itemized $4,323,114 $4,323,114 $4,323,114 $4,323,114 Reserved Fund Balances $2,344,991 $2,344,991 $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 $1,011,224 $1,011,224 Intergovernmental Transfers Not Itemized $1,011,224 $1,011,224 $1,011,224 $1,011,224 Sales and Services $152,872 $152,872 $152,872 $152,872 Sales and Services Not Itemized $152,872 $152,872 $152,872 $152,872 TOTAL PUBLIC FUNDS $102,653,284 $102,653,284 $102,653,284 $102,653,284 119.1 Defer the FY09 cost of living adjustment. State General Funds ($359,204) ($359,204) ($359,204) ($359,204) 119.2 Defer structure adjustments to the statewide salary plan. State General Funds ($75,907) ($75,907) ($75,907) ($75,907) 119.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) 3330 JOURNAL OF THE SENATE State General Funds ($1,148,746) ($1,246,325) ($1,077,003) $0 119.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $141,575 $141,575 $141,575 $141,575 119.5 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($61,381) ($61,381) ($61,381) ($61,381) 119.6 Reduce funds by eliminating twenty vacant positions and realize savings from other vacancies. State General Funds ($1,910,869) ($1,910,869) ($1,910,869) ($1,910,869) 119.7 Reduce funds from contracts by 10%. (H:Provide for additional reductions from contracts) State General Funds ($1,534,456) ($1,534,456) ($3,068,912) ($2,045,941) 119.8 Reduce funds from operations. (H:Provide for additional reductions from operations) State General Funds ($1,623,764) ($1,623,764) ($2,523,764) ($1,623,764) 119.9 Eliminate funds for Teacher Liability Insurance. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 119.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($360,117) ($360,117) ($360,117) 119.11 Reduce merit system assessments from $147 to $137 per position. State General Funds ($8,530) ($8,530) 119.99 SAC: The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems, and to provide regulations, guidelines, and training standards on pupil transportation. State General Funds $0 119.100-Central Office Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems, and to provide regulations, guidelines, and training standards on pupil transportation. TOTAL STATE FUNDS $34,251,484 $33,793,788 $31,520,124 $34,520,098 State General Funds $34,251,484 $33,793,788 $31,520,124 $34,520,098 TOTAL FEDERAL FUNDS $53,696,847 $53,696,847 $53,696,847 $53,696,847 Federal Funds Not Itemized $53,696,847 $53,696,847 $53,696,847 $53,696,847 TOTAL AGENCY FUNDS $7,832,201 $7,832,201 $7,832,201 $7,832,201 Contributions, Donations, and Forfeitures $4,323,114 $4,323,114 $4,323,114 $4,323,114 Contributions, Donations, and Forfeitures Not Itemized $4,323,114 $4,323,114 $4,323,114 $4,323,114 Reserved Fund Balances $2,344,991 $2,344,991 $2,344,991 $2,344,991 WEDNESDAY, APRIL 1, 2009 3331 Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $95,780,532 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $95,322,836 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $93,049,172 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $96,049,146 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 $3,480,193 $3,480,193 $3,480,193 $3,480,193 State General Funds $3,480,193 $3,480,193 $3,480,193 $3,480,193 TOTAL FEDERAL FUNDS $7,365,691 $7,365,691 $7,365,691 $7,365,691 Federal Funds Not Itemized $7,365,691 $7,365,691 $7,365,691 $7,365,691 TOTAL PUBLIC FUNDS $10,845,884 $10,845,884 $10,845,884 $10,845,884 120.1 Reduce one-time funds received in HB990 (FY09G) for start-up expenses for the Charter School Commission. State General Funds ($260,000) ($260,000) ($120,000) ($120,000) 120.2 Reduce funds from planning grants. State General Funds ($25,000) ($25,000) ($45,000) $0 120.3 Eliminate funds for implementation grants. State General Funds ($625,000) ($625,000) ($500,000) ($625,000) 120.4 Reduce funds from facilities grants. State General Funds ($245,000) ($245,000) ($245,000) ($245,000) 120.99 SAC: The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities, provided that $700,000 of this appropriation is designated to fund facilities for State Chartered Special Schools. State General Funds $0 120.100-Charter Schools Appropriation (HB 119) The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities, provided that $700,000 of this appropriation is designated to fund facilities for State Chartered Special Schools. 3332 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,325,193 $2,325,193 $7,365,691 $7,365,691 $9,690,884 $2,325,193 $2,325,193 $7,365,691 $7,365,691 $9,690,884 $2,570,193 $2,570,193 $7,365,691 $7,365,691 $9,935,884 $2,490,193 $2,490,193 $7,365,691 $7,365,691 $9,855,884 Communities in Schools Continuation Budget 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 $1,320,623 State General Funds $1,320,623 $1,320,623 $1,320,623 $1,320,623 TOTAL PUBLIC FUNDS $1,320,623 $1,320,623 $1,320,623 $1,320,623 121.1 Reduce funds by 10%. State General Funds ($132,062) ($132,062) ($39,619) ($132,062) 121.99 SAC: The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. State General Funds $0 121.100-Communities in Schools Appropriation (HB 119) The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. TOTAL STATE FUNDS $1,188,561 $1,188,561 $1,281,004 $1,188,561 State General Funds $1,188,561 $1,188,561 $1,281,004 $1,188,561 TOTAL PUBLIC FUNDS $1,188,561 $1,188,561 $1,281,004 $1,188,561 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 $1,574,833 $1,574,833 $1,574,833 $1,574,833 State General Funds $1,574,833 $1,574,833 $1,574,833 $1,574,833 TOTAL PUBLIC FUNDS $1,574,833 $1,574,833 $1,574,833 $1,574,833 122.1 Reduce funds from operations by 10%. WEDNESDAY, APRIL 1, 2009 3333 State General Funds ($74,833) ($74,833) ($74,833) ($74,833) 122.2 Reduce funds from contracts by 10%. State General Funds ($121,553) ($121,553) ($121,553) ($121,553) 122.3 Reduce funds from contracts and operations. State General Funds ($378,447) $0 122.99 SAC: The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum. State General Funds $0 122.100-Curriculum Development Appropriation (HB 119) The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum. TOTAL STATE FUNDS $1,378,447 $1,378,447 $1,000,000 $1,378,447 State General Funds $1,378,447 $1,378,447 $1,000,000 $1,378,447 TOTAL PUBLIC FUNDS $1,378,447 $1,378,447 $1,000,000 $1,378,447 Dropout Prevention Continuation Budget The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS $53,174,636 $53,174,636 $53,174,636 $53,174,636 State General Funds $53,174,636 $53,174,636 $53,174,636 $53,174,636 TOTAL PUBLIC FUNDS $53,174,636 $53,174,636 $53,174,636 $53,174,636 123.1 Reduce funds from Graduation Coaches by providing funds only for middle school graduation coaches who serve in feeder high schools with graduation rates at or below 85% (-$6,060,000), and provide funds for a training and experience adjustment ($2,384,265). State General Funds ($3,675,735) ($3,675,735) ($3,675,735) ($3,675,735) 123.2 Reduce funds from Graduation Coach training. State General Funds ($33,000) ($33,000) ($33,000) ($33,000) 123.3 Eliminate start-up funds for the Junior Reserve Officer Training Corps (JROTC). State General Funds ($240,000) ($240,000) ($240,000) ($240,000) 123.98 Transfer all funds and activities for Graduation Coaches to the Quality Basic Education Program. State General Funds ($49,225,901) ($49,225,901) $0 ($49,225,901) 123.99 SAC: The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates. 3334 JOURNAL OF THE SENATE State General Funds $0 123.100-Dropout Prevention Appropriation (HB 119) The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates. TOTAL STATE FUNDS $49,225,901 State General Funds $49,225,901 TOTAL PUBLIC FUNDS $49,225,901 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 $0 TOTAL FEDERAL FUNDS $1,024,026,289 $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 $1,024,026,289 TOTAL PUBLIC FUNDS $1,024,026,289 $1,024,026,289 $1,024,026,289 $1,024,026,289 124.100-Federal Programs Appropriation (HB 119) 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 $1,024,026,289 Federal Funds Not Itemized $1,024,026,289 $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 $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 $384,375 $384,375 State General Funds $384,375 $384,375 TOTAL PUBLIC FUNDS $384,375 $384,375 125.1 Eliminate funds. State General Funds ($384,375) ($384,375) $384,375 $384,375 $384,375 ($384,375) $384,375 $384,375 $384,375 ($384,375) 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. WEDNESDAY, APRIL 1, 2009 3335 TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL FEDERAL FUNDS $8,351,576 $8,351,576 $8,351,576 $8,351,576 Federal Funds Not Itemized $8,351,576 $8,351,576 $8,351,576 $8,351,576 TOTAL PUBLIC FUNDS $8,351,576 $8,351,576 $8,351,576 $8,351,576 126.99 SAC: The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal education laws, and to provide resources to educators and parents of students with disabilities. State General Funds $0 126.100-Georgia Learning Resources System Appropriation (HB 119) The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal education laws, and to provide resources to educators and parents of students with disabilities. TOTAL FEDERAL FUNDS $8,351,576 $8,351,576 $8,351,576 $8,351,576 Federal Funds Not Itemized $8,351,576 $8,351,576 $8,351,576 $8,351,576 TOTAL PUBLIC FUNDS $8,351,576 $8,351,576 $8,351,576 $8,351,576 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 $4,123,362 $4,123,362 $4,123,362 $4,123,362 State General Funds $4,123,362 $4,123,362 $4,123,362 $4,123,362 TOTAL AGENCY FUNDS $722,213 $722,213 $722,213 $722,213 Sales and Services $722,213 $722,213 $722,213 $722,213 Sales and Services Not Itemized $722,213 $722,213 $722,213 $722,213 TOTAL PUBLIC FUNDS $4,845,575 $4,845,575 $4,845,575 $4,845,575 127.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $2,094 $2,094 $2,094 $2,094 127.2 Transfer funds from the Information Technology Services program to provide an additional 1,500 courses. State General Funds $930,180 $930,180 $0 $0 127.3 Increase funds ($1,135,240) and utilize funds from contracts for administration ($105,000) to provide an additional 2,000 courses. State General Funds $1,135,240 $1,135,240 3336 JOURNAL OF THE SENATE 127.99 SAC: The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher. State General Funds $0 127.100-Georgia Virtual School Appropriation (HB 119) The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher. TOTAL STATE FUNDS $5,055,636 $5,055,636 $5,260,696 $5,260,696 State General Funds $5,055,636 $5,055,636 $5,260,696 $5,260,696 TOTAL AGENCY FUNDS $722,213 $722,213 $722,213 $722,213 Sales and Services $722,213 $722,213 $722,213 $722,213 Sales and Services Not Itemized $722,213 $722,213 $722,213 $722,213 TOTAL PUBLIC FUNDS $5,777,849 $5,777,849 $5,982,909 $5,982,909 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 $250,000 $250,000 $250,000 $250,000 State General Funds $250,000 $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $250,000 $250,000 $250,000 $250,000 128.1 Eliminate funds. State General Funds ($250,000) ($250,000) $0 $0 128.99 SAC: The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly among elementary and middle school teachers and students in underserved areas of the state. State General Funds $0 128.100-Georgia Youth Science and Technology Appropriation (HB 119) The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly among elementary and middle school teachers and students in underserved areas of the state. TOTAL STATE FUNDS $250,000 $250,000 WEDNESDAY, APRIL 1, 2009 3337 State General Funds TOTAL PUBLIC FUNDS $250,000 $250,000 $250,000 $250,000 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 $1,443,893 $1,443,893 $1,443,893 $1,443,893 State General Funds $1,443,893 $1,443,893 $1,443,893 $1,443,893 TOTAL PUBLIC FUNDS $1,443,893 $1,443,893 $1,443,893 $1,443,893 129.1 Defer the FY09 cost of living adjustment. State General Funds ($7,483) ($7,483) ($7,483) ($7,483) 129.2 Reduce funds from contracts. State General Funds ($75,000) ($75,000) $0 ($75,000) 129.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $1,956 $1,956 $1,956 $1,956 129.4 Reduce funds to reflect the charge of a $250 fee. State General Funds ($172,000) 129.99 SAC: The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. State General Funds $0 129.100-Governor's Honors Program Appropriation (HB 119) The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. TOTAL STATE FUNDS $1,363,366 $1,363,366 $1,438,366 $1,191,366 State General Funds $1,363,366 $1,363,366 $1,438,366 $1,191,366 TOTAL PUBLIC FUNDS $1,363,366 $1,363,366 $1,438,366 $1,191,366 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 $7,217,319 $7,217,319 $7,217,319 $7,217,319 State General Funds $7,217,319 $7,217,319 $7,217,319 $7,217,319 3338 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $7,217,319 $7,217,319 $7,217,319 $7,217,319 130.1 Transfer funds for Education Technology Training Centers (ETTCs) to the Quality Basic Education program ($2,752,130) and Georgia Virtual School program ($930,180). (S:Eliminate funds and initiate new technology support programs through RESAs and/or technical schools) State General Funds ($3,682,310) ($3,682,310) $0 ($3,682,310) 130.2 Reduce funds by 3%. State General Funds ($110,469) $0 130.99 SAC: The purpose of this appropriation is to provide internet access for local school systems. State General Funds $0 130.100-Information Technology Services Appropriation (HB 119) The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS $3,535,009 $3,535,009 $7,106,850 State General Funds $3,535,009 $3,535,009 $7,106,850 TOTAL PUBLIC FUNDS $3,535,009 $3,535,009 $7,106,850 $3,535,009 $3,535,009 $3,535,009 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 $12,294,628 State General Funds $12,294,628 $12,294,628 $12,294,628 $12,294,628 TOTAL PUBLIC FUNDS $12,294,628 $12,294,628 $12,294,628 $12,294,628 131.1 Eliminate funds. (H:Provide funds based on projected need)(S:As funds are available, limit to 10% of base teacher salary) State General Funds ($12,294,628) ($12,294,628) $1,450,000 ($5,085,142) 131.99 SAC: The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers. State General Funds $0 131.100-National Board Certification Appropriation (HB 119) The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers. TOTAL STATE FUNDS $13,744,628 $7,209,486 State General Funds $13,744,628 $7,209,486 WEDNESDAY, APRIL 1, 2009 3339 TOTAL PUBLIC FUNDS $13,744,628 $7,209,486 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. TOTAL STATE FUNDS $750,000 $750,000 $750,000 $750,000 State General Funds $750,000 $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $750,000 $750,000 $750,000 $750,000 132.1 Eliminate funds. State General Funds ($750,000) ($750,000) ($250,000) ($750,000) 132.99 SAC: The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology. State General Funds $0 132.100-National Science Center and Foundation Appropriation (HB 119) The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology. TOTAL STATE FUNDS $500,000 State General Funds $500,000 TOTAL PUBLIC FUNDS $500,000 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 $28,625,373 $28,625,373 $28,625,373 $28,625,373 State General Funds $28,625,373 $28,625,373 $28,625,373 $28,625,373 TOTAL PUBLIC FUNDS $28,625,373 $28,625,373 $28,625,373 $28,625,373 133.1 Reduce funds from Special Education - Low Incidence grants. State General Funds ($24,802) ($24,802) ($24,802) ($24,802) 133.2 Reduce funds from Migrant Education. State General Funds ($10,396) ($10,396) ($10,396) ($10,396) 133.3 Reduce funds from Sparsity grants. 3340 JOURNAL OF THE SENATE State General Funds ($254,098) ($254,098) ($254,098) ($254,098) 133.4 Reduce funds from grants for Residential Treatment Centers. State General Funds ($120,337) ($120,337) ($120,337) $0 133.5 Reduce funds from Georgia Special Needs Scholarship grants. State General Funds ($169,702) ($169,702) ($169,702) ($169,702) 133.6 Increase funds for Special Needs Scholarships. State General Funds $5,978,162 $5,978,162 133.98 Transfer all funds and activities for Classroom Supply Cards to the Quality Basic Education program. (H and S:Eliminate funds for the classroom supply cards) State General Funds ($11,473,726) ($11,473,726) ($11,473,726) ($11,473,726) 133.99 SAC: The purpose of this appropriation is to fund specific initiatives, including: summer remediation, the Georgia Special Needs Scholarships, children in residential education facilities, compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and one-time projects for local education boards. State General Funds $0 133.100-Non Quality Basic Education Formula Grants Appropriation (HB 119) The purpose of this appropriation is to fund specific initiatives, including: summer remediation, the Georgia Special Needs Scholarships, children in residential education facilities, compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and one-time projects for local education boards. TOTAL STATE FUNDS $16,572,312 $16,572,312 $22,550,474 $22,670,811 State General Funds $16,572,312 $16,572,312 $22,550,474 $22,670,811 TOTAL PUBLIC FUNDS $16,572,312 $16,572,312 $22,550,474 $22,670,811 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 $39,823,217 $39,823,217 $39,823,217 $39,823,217 State General Funds $39,823,217 $39,823,217 $39,823,217 $39,823,217 TOTAL FEDERAL FUNDS $468,889,537 $468,889,537 $468,889,537 $468,889,537 Federal Funds Not Itemized $468,889,537 $468,889,537 $468,889,537 $468,889,537 TOTAL PUBLIC FUNDS $508,712,754 $508,712,754 $508,712,754 $508,712,754 134.1 Reduce funds by 3%. State General Funds ($1,194,697) ($1,194,697) WEDNESDAY, APRIL 1, 2009 3341 134.99 SAC: 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 and comply with federal standards. State General Funds $0 134.100 -Nutrition Appropriation (HB 119) 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 and comply with federal standards. TOTAL STATE FUNDS $39,823,217 $39,823,217 $38,628,520 $38,628,520 State General Funds $39,823,217 $39,823,217 $38,628,520 $38,628,520 TOTAL FEDERAL FUNDS $468,889,537 $468,889,537 $468,889,537 $468,889,537 Federal Funds Not Itemized $468,889,537 $468,889,537 $468,889,537 $468,889,537 TOTAL PUBLIC FUNDS $508,712,754 $508,712,754 $507,518,057 $507,518,057 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 $30,358,072 $30,358,072 $30,358,072 $30,358,072 State General Funds $30,358,072 $30,358,072 $30,358,072 $30,358,072 TOTAL PUBLIC FUNDS $30,358,072 $30,358,072 $30,358,072 $30,358,072 135.1 Annualize the cost of the FY09 salary adjustment. State General Funds $146,093 $146,093 $146,093 $146,093 135.2 Reduce funds based on a projected change in full time equivalents. State General Funds ($470,178) ($470,178) ($729,432) ($729,432) 135.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($247,418) ($101,441) $0 135.99 SAC: The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. State General Funds $0 135.100-Preschool Handicapped Appropriation (HB 119) 3342 JOURNAL OF THE SENATE The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. TOTAL STATE FUNDS $30,033,987 $29,786,569 $29,673,292 $29,774,733 State General Funds $30,033,987 $29,786,569 $29,673,292 $29,774,733 TOTAL PUBLIC FUNDS $30,033,987 $29,786,569 $29,673,292 $29,774,733 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 $170,943,051 $170,943,051 $170,943,051 $170,943,051 State General Funds $170,943,051 $170,943,051 $170,943,051 $170,943,051 TOTAL PUBLIC FUNDS $170,943,051 $170,943,051 $170,943,051 $170,943,051 136.1 Reduce funds by 3%. State General Funds ($5,128,292) 136.99 SAC: The purpose of this appropriation is to assist local school systems in their efforts to provide safe and efficient transportation for students to and from school and school related activities. State General Funds $0 136.100-Pupil Transportation Appropriation (HB 119) 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 $170,943,051 $170,943,051 $170,943,051 $165,814,759 State General Funds $170,943,051 $170,943,051 $170,943,051 $165,814,759 TOTAL PUBLIC FUNDS $170,943,051 $170,943,051 $170,943,051 $165,814,759 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 $548,529,543 $548,529,543 $548,529,543 $548,529,543 State General Funds $548,529,543 $548,529,543 $548,529,543 $548,529,543 TOTAL PUBLIC FUNDS $548,529,543 $548,529,543 $548,529,543 $548,529,543 137.1 Reduce funds by capping the formula at twelve mills instead of fifteen. (H and S:Reduce funds) State General Funds ($112,370,956) ($112,370,956) ($112,370,956) ($112,370,956) WEDNESDAY, APRIL 1, 2009 3343 137.99 SAC: The purpose of this appropriation is to provide additional financial assistance to local school systems with low property tax digests as measured per mill per full time equivalent. State General Funds $0 137.100-Quality Basic Education Equalization Appropriation (HB 119) The purpose of this appropriation is to provide additional financial assistance to local school systems with low property tax digests as measured per mill per full time equivalent. TOTAL STATE FUNDS $436,158,587 $436,158,587 $436,158,587 $436,158,587 State General Funds $436,158,587 $436,158,587 $436,158,587 $436,158,587 TOTAL PUBLIC FUNDS $436,158,587 $436,158,587 $436,158,587 $436,158,587 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 ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) State General Funds ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) TOTAL PUBLIC FUNDS ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) 138.1 Increase funds for school systems with declining tax digests. State General Funds ($6,654,944) ($6,654,944) ($6,654,944) ($6,654,944) 138.99 SAC: The purpose of this program is to recognize the required local portion of the Quality Basic Education program. State General Funds $0 138.100-Quality Basic Education Local Five Mill Share Appropriation (HB 119) The purpose of this program is to recognize the required local portion of the Quality Basic Education program. TOTAL STATE FUNDS ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) State General Funds ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) TOTAL PUBLIC FUNDS ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) 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 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 State General Funds $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 3344 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 139.1 Annualize the cost of the FY09 salary adjustment. State General Funds $31,882,010 $31,882,010 $31,882,010 $31,882,010 139.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $28,239,356 $28,239,356 $28,239,356 $28,239,356 139.3 Increase funds to account for an enrollment growth of 0.23% and for training and experience. State General Funds $66,459,413 $66,459,413 $66,459,413 $66,459,413 139.4 Reduce funds from Quality Basic Education (QBE) formula funding. State General Funds ($147,202,564) ($147,202,564) ($147,202,564) ($147,202,564) 139.5 Reduce funds received in HB990 (FY09G) for additional QBE enhancements. State General Funds ($50,000,000) ($50,000,000) ($50,000,000) ($50,000,000) 139.6 Increase funds for dual enrollment courses. (H:Reduce dual enrollment administration from $161.44 per segment to $88.40 per segment) State General Funds $1,390,960 $1,390,960 $761,613 $1,390,960 139.7 Recognize funds from the American Recovery and Reinvestment Act of 2009. (S:Transfer ARRA funds from the Technical College System of Georgia) State General Funds ($319,175,639) ($375,000,000) ($334,581,878) American Recovery and Reinvestment Act of 2009 $319,175,639 $400,000,000 $334,581,878 TOTAL PUBLIC FUNDS $0 $25,000,000 $0 139.8 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($72,456,845) ($29,707,306) $0 139.9 Increase funds for charter systems grants. State General Funds $1,757,611 $1,757,611 139.97 Transfer all funds and activities for Graduation Coaches and Classroom Supply Cards from the Dropout Prevention and Non- Quality Basic Education Formula Grants programs. (S:Transfer funds and activities for Graduation Coaches from the Dropout Prevention program) State General Funds $60,699,627 $60,699,627 $0 $49,225,901 139.98 Transfer all funds and activities for Education Technology Training Centers (ETTCs) from the Information Technology Services and Regional Education Service Agencies programs. State General Funds $15,219,551 $15,219,551 $0 $0 139.99 SAC: The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students WEDNESDAY, APRIL 1, 2009 3345 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. State General Funds $0 139.100-Quality Basic Education Program Appropriation (HB 119) The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students 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 $8,487,523,652 $8,095,891,168 $8,008,025,432 $8,128,006,108 State General Funds $8,487,523,652 $8,095,891,168 $8,008,025,432 $8,128,006,108 TOTAL FEDERAL FUNDS $319,175,639 $400,000,000 $334,581,878 American Recovery and Reinvestment Act of 2009 $319,175,639 $400,000,000 $334,581,878 TOTAL PUBLIC FUNDS $8,487,523,652 $8,415,066,807 $8,408,025,432 $8,462,587,986 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 $12,408,840 $12,408,840 $12,408,840 $12,408,840 State General Funds $12,408,840 $12,408,840 $12,408,840 $12,408,840 TOTAL PUBLIC FUNDS $12,408,840 $12,408,840 $12,408,840 $12,408,840 140.1 Annualize the cost of the FY09 salary adjustment. State General Funds $58,581 $58,581 $58,581 $58,581 140.2 Reduce funds by 3%. State General Funds ($374,022) ($374,022) 140.3 Increase funds to provide additional educational technology training. Lottery Proceeds $1,773,074 140.98 Transfer all funds and activities to the Quality Basic Education Program. State General Funds ($12,467,421) ($12,467,421) $0 $0 140.99 SAC: The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services. State General Funds $0 3346 JOURNAL OF THE SENATE 140.100-Regional Education Service Agencies Appropriation (HB 119) The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services. TOTAL STATE FUNDS $12,093,399 $13,866,473 State General Funds $12,093,399 $12,093,399 Lottery Proceeds $1,773,074 TOTAL PUBLIC FUNDS $12,093,399 $13,866,473 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 $10,191,533 $10,191,533 $10,191,533 $10,191,533 State General Funds $10,191,533 $10,191,533 $10,191,533 $10,191,533 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 $10,291,533 $10,291,533 $10,291,533 $10,291,533 141.1 Defer the FY09 cost of living adjustment. State General Funds ($140,581) ($140,581) ($140,581) ($140,581) 141.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $26,602 $26,602 $26,602 $26,602 141.3 Reduce funds by eliminating five vacant positions. (H:Provide for additional reductions)(S:Utilize federal funds) State General Funds ($500,000) ($500,000) ($1,000,000) ($2,000,000) 141.98 Transfer all funds and activities for Math and Science Mentors ($2,621,358) and Teacher Success/CLASS Keys ($257,500) from the Academic Coach program. State General Funds $2,878,858 $2,878,858 $257,500 $2,878,858 141.99 SAC: The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. The purpose of this appropriation is also to implement statewide direct classroom support for teachers in math and science. State General Funds $0 WEDNESDAY, APRIL 1, 2009 3347 141.100-School Improvement Appropriation (HB 119) The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. The purpose of this appropriation is also to implement statewide direct classroom support for teachers in math and science. TOTAL STATE FUNDS $12,456,412 $12,456,412 $9,335,054 $10,956,412 State General Funds $12,456,412 $12,456,412 $9,335,054 $10,956,412 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 $12,556,412 $12,556,412 $9,435,054 $11,056,412 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 $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 $30,000,000 142.1 Eliminate funds. (H and S:Reduce funds by 3%) State General Funds ($30,000,000) ($30,000,000) ($900,000) ($900,000) 142.99 SAC: The purpose of this appropriation is to provide training, technical assistance, and resources to school nurses who provide health procedures for students at school. State General Funds $0 142.100-School Nurses Appropriation (HB 119) The purpose of this appropriation is to provide training, technical assistance, and resources to school nurses who provide health procedures for students at school. TOTAL STATE FUNDS $29,100,000 $29,100,000 State General Funds $29,100,000 $29,100,000 TOTAL PUBLIC FUNDS $29,100,000 $29,100,000 Severely Emotionally Disturbed Continuation Budget The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. 3348 JOURNAL OF THE SENATE TOTAL STATE FUNDS $70,845,875 $70,845,875 $70,845,875 $70,845,875 State General Funds $70,845,875 $70,845,875 $70,845,875 $70,845,875 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $84,205,733 $84,205,733 $84,205,733 $84,205,733 143.1 Annualize the cost of the FY09 salary adjustment. State General Funds $232,510 $232,510 $232,510 $232,510 143.2 Reduce funds to meet projected need. State General Funds ($1,957,711) ($1,957,711) ($1,957,711) ($1,957,711) 143.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($611,953) ($250,901) $0 143.99 SAC: The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families. State General Funds $0 143.100-Severely Emotionally Disturbed Appropriation (HB 119) The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families. TOTAL STATE FUNDS $69,120,674 $68,508,721 $68,869,773 $69,120,674 State General Funds $69,120,674 $68,508,721 $68,869,773 $69,120,674 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $82,480,532 $81,868,579 $82,229,631 $82,480,532 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 $257,462,021 $257,462,021 $257,462,021 $257,462,021 State General Funds $257,462,021 $257,462,021 $257,462,021 $257,462,021 WEDNESDAY, APRIL 1, 2009 3349 TOTAL FEDERAL FUNDS $19,445,076 $19,445,076 $19,445,076 $19,445,076 Federal Funds Not Itemized $19,445,076 $19,445,076 $19,445,076 $19,445,076 TOTAL PUBLIC FUNDS $276,907,097 $276,907,097 $276,907,097 $276,907,097 144.1 Increase funds for the employer contribution for eligible non-certified managers who elect to participate in the Teachers' Retirement System. State General Funds $450,000 $450,000 144.2 Reduce funds from health insurance for non-certificated personnel and direct the Department of Community Health to cover this contribution from surpluses in the State Health Benefit Plan. State General Funds ($248,864,058) 144.99 SAC: The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract. These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's retirement, and vocational funding for the post- secondary vocational education agency. State General Funds $0 144.100-State Interagency Transfers Appropriation (HB 119) The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract. These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's retirement, and vocational funding for the post-secondary vocational education agency. TOTAL STATE FUNDS $257,462,021 $257,462,021 $257,912,021 $9,047,963 State General Funds $257,462,021 $257,462,021 $257,912,021 $9,047,963 TOTAL FEDERAL FUNDS $19,445,076 $19,445,076 $19,445,076 $19,445,076 Federal Funds Not Itemized $19,445,076 $19,445,076 $19,445,076 $19,445,076 TOTAL PUBLIC FUNDS $276,907,097 $276,907,097 $277,357,097 $28,493,039 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 $23,357,809 $23,357,809 $23,357,809 $23,357,809 State General Funds $23,357,809 $23,357,809 $23,357,809 $23,357,809 TOTAL AGENCY FUNDS $1,649,199 $1,649,199 $1,649,199 $1,649,199 Contributions, Donations, and Forfeitures $716,484 $716,484 $716,484 $716,484 3350 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized $716,484 $716,484 $716,484 $716,484 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 $25,007,008 $25,007,008 $25,007,008 $25,007,008 145.1 Annualize the cost of the FY09 salary adjustment. State General Funds $41,536 $41,536 $41,536 $41,536 145.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $71,967 $71,967 $71,967 $71,967 145.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($177,241) ($72,669) $0 145.99 SAC: The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi-disabled students through residential and day programs which provide a learning environment addressing their academic, vocational, and social development. State General Funds $0 145.100-State Schools Appropriation (HB 119) The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi- disabled students through residential and day programs which provide a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS $23,471,312 $23,294,071 $23,398,643 $23,471,312 State General Funds $23,471,312 $23,294,071 $23,398,643 $23,471,312 TOTAL AGENCY FUNDS $1,649,199 $1,649,199 $1,649,199 $1,649,199 Contributions, Donations, and Forfeitures $716,484 $716,484 $716,484 $716,484 Contributions, Donations, and Forfeitures Not Itemized $716,484 $716,484 $716,484 $716,484 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 $25,120,511 $24,943,270 $25,047,842 $25,120,511 WEDNESDAY, APRIL 1, 2009 3351 Technology/Career Education Continuation Budget The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,796,972 $16,796,972 $16,796,972 $16,796,972 State General Funds $16,796,972 $16,796,972 $16,796,972 $16,796,972 TOTAL FEDERAL FUNDS $22,273,772 $22,273,772 $22,273,772 $22,273,772 Federal Funds Not Itemized $22,273,772 $22,273,772 $22,273,772 $22,273,772 TOTAL AGENCY FUNDS $13,004,468 $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers $13,004,468 $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers Not Itemized $13,004,468 $13,004,468 $13,004,468 $13,004,468 TOTAL PUBLIC FUNDS $52,075,212 $52,075,212 $52,075,212 $52,075,212 146.1 Annualize the cost of the FY09 salary adjustment. State General Funds $41,476 $41,476 $41,476 $41,476 146.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($63,511) ($26,039) $0 146.3 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds from operations ($503,909) and from Vocational Supervisors ($350,000)) State General Funds ($503,909) ($503,909) ($853,909) 146.99 SAC: The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. State General Funds $0 146.100-Technology/Career Education Appropriation (HB 119) The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. TOTAL STATE FUNDS $16,838,448 $16,271,028 $16,308,500 $15,984,539 State General Funds $16,838,448 $16,271,028 $16,308,500 $15,984,539 TOTAL FEDERAL FUNDS $22,273,772 $22,273,772 $22,273,772 $22,273,772 Federal Funds Not Itemized $22,273,772 $22,273,772 $22,273,772 $22,273,772 TOTAL AGENCY FUNDS $13,004,468 $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers $13,004,468 $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers Not Itemized $13,004,468 $13,004,468 $13,004,468 $13,004,468 3352 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $52,116,688 $51,549,268 $51,586,740 $51,262,779 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 $23,243,020 $23,243,020 $23,243,020 $23,243,020 State General Funds $23,243,020 $23,243,020 $23,243,020 $23,243,020 TOTAL FEDERAL FUNDS $13,664,544 $13,664,544 $13,664,544 $13,664,544 Federal Funds Not Itemized $13,664,544 $13,664,544 $13,664,544 $13,664,544 TOTAL PUBLIC FUNDS $36,907,564 $36,907,564 $36,907,564 $36,907,564 147.1 Reduce funds from State-Mandated Testing. State General Funds ($444,860) ($444,860) ($444,860) ($444,860) 147.2 Reduce funds from SAT Preparation contracts. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 147.3 Reduce funds from Advanced Placement tests for private schools. State General Funds ($354,075) ($354,075) 147.99 SAC: The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. State General Funds $0 147.100 -Testing Appropriation (HB 119) The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. TOTAL STATE FUNDS $22,698,160 $22,698,160 $22,344,085 $22,344,085 State General Funds $22,698,160 $22,698,160 $22,344,085 $22,344,085 TOTAL FEDERAL FUNDS $13,664,544 $13,664,544 $13,664,544 $13,664,544 Federal Funds Not Itemized $13,664,544 $13,664,544 $13,664,544 $13,664,544 TOTAL PUBLIC FUNDS $36,362,704 $36,362,704 $36,008,629 $36,008,629 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. WEDNESDAY, APRIL 1, 2009 3353 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 $1,658,859 148.99 SAC: The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student. State General Funds $0 148.100-Tuition for Multi-Handicapped Appropriation (HB 119) The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student. 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 $2,707.20. 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 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Section Total - Final $7,262,430 $7,187,430 $7,262,430 $7,187,430 $3,247,904 $3,247,904 $3,247,904 $3,247,904 $7,187,430 $7,187,430 $3,247,904 $3,247,904 $7,187,430 $7,187,430 $3,247,904 $3,247,904 3354 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $16,027,369 $16,027,369 $26,537,703 $16,027,369 $16,027,369 $26,462,703 $16,027,369 $16,027,369 $26,462,703 $16,027,369 $16,027,369 $26,462,703 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 $0 State General Funds $0 $0 $0 $0 TOTAL AGENCY FUNDS $2,929,619 $2,929,619 $2,929,619 $2,929,619 Sales and Services $2,929,619 $2,929,619 $2,929,619 $2,929,619 Sales and Services Not Itemized $2,929,619 $2,929,619 $2,929,619 $2,929,619 TOTAL PUBLIC FUNDS $2,929,619 $2,929,619 $2,929,619 $2,929,619 149.1 Increase funds based on expected expenditures. Retirement Payments $634 $634 $634 $634 149.2 Increase funds for the implementation of the Georgia State Employees Pension and Savings Plan (GSEPS). Sales and Services Not Itemized $318,285 $318,285 $318,285 $318,285 149.100-Deferred Compensation Appropriation (HB 119) The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL AGENCY FUNDS $3,247,904 $3,247,904 $3,247,904 $3,247,904 Sales and Services $3,247,904 $3,247,904 $3,247,904 $3,247,904 Sales and Services Not Itemized $3,247,904 $3,247,904 $3,247,904 $3,247,904 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $634 $634 $634 $634 State Funds Transfers $634 $634 $634 $634 Retirement Payments $634 $634 $634 $634 TOTAL PUBLIC FUNDS $3,248,538 $3,248,538 $3,248,538 $3,248,538 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 $1,323,024 $1,323,024 $1,323,024 $1,323,024 State General Funds $1,323,024 $1,323,024 $1,323,024 $1,323,024 WEDNESDAY, APRIL 1, 2009 3355 TOTAL PUBLIC FUNDS $1,323,024 150.1 Increase funds to align with the actuarial total required annual contribution. State General Funds $110,604 150.2 Reduce funds to reflect the revised revenue estimate. State General Funds $1,323,024 $110,604 ($75,000) $1,323,024 $110,604 ($75,000) $1,323,024 $110,604 ($75,000) 150.100-Georgia Military Pension Fund Appropriation (HB 119) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,433,628 $1,358,628 $1,358,628 $1,358,628 State General Funds $1,433,628 $1,358,628 $1,358,628 $1,358,628 TOTAL PUBLIC FUNDS $1,433,628 $1,358,628 $1,358,628 $1,358,628 Public School Employees Retirement System Continuation Budget 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 $5,828,802 $5,828,802 $5,828,802 $5,828,802 State General Funds $5,828,802 $5,828,802 $5,828,802 $5,828,802 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $287,500 $287,500 $287,500 $287,500 State Funds Transfers $287,500 $287,500 $287,500 $287,500 Retirement Payments $287,500 $287,500 $287,500 $287,500 TOTAL PUBLIC FUNDS $6,116,302 $6,116,302 $6,116,302 $6,116,302 151.100-Public School Employees Retirement System Appropriation (HB 119) 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 $5,828,802 $5,828,802 $5,828,802 $5,828,802 State General Funds $5,828,802 $5,828,802 $5,828,802 $5,828,802 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $287,500 $287,500 $287,500 $287,500 State Funds Transfers $287,500 $287,500 $287,500 $287,500 Retirement Payments $287,500 $287,500 $287,500 $287,500 TOTAL PUBLIC FUNDS $6,116,302 $6,116,302 $6,116,302 $6,116,302 System Administration Continuation Budget The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse 3356 JOURNAL OF THE SENATE retirement benefits to members and beneficiaries. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,314,099 $17,314,099 $17,314,099 $17,314,099 State Funds Transfers $17,314,099 $17,314,099 $17,314,099 $17,314,099 Retirement Payments $17,314,099 $17,314,099 $17,314,099 $17,314,099 TOTAL PUBLIC FUNDS $17,314,099 $17,314,099 $17,314,099 $17,314,099 152.1 Reduce funds due to the completed implementation of the Georgia State Employees Pension and Savings Plan (GSEPS). Retirement Payments ($17,250) ($17,250) ($17,250) ($17,250) 152.2 Reduce funds due to the completion of the disaster recovery project. Retirement Payments ($225,000) ($225,000) ($225,000) ($225,000) 152.3 Reduce funds related to the Group Term Life Insurance (GTLI) project. (S:Reduce funds from contracts related to ERS/PSERS lawsuits filed in CY07 and CY08) Retirement Payments ($1,332,614) ($1,332,614) ($1,332,614) ($1,332,614) 152.100-System Administration Appropriation (HB 119) 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 $15,739,235 $15,739,235 $15,739,235 $15,739,235 State Funds Transfers $15,739,235 $15,739,235 $15,739,235 $15,739,235 Retirement Payments $15,739,235 $15,739,235 $15,739,235 $15,739,235 TOTAL PUBLIC FUNDS $15,739,235 $15,739,235 $15,739,235 $15,739,235 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 the GSEPS employees, the employer contribution rate shall not exceed 6.54% for the pension portion of the benefit and 3.0% in employer match contributions for the 401(k) portion of the benefit. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $141.46 per member for State Fiscal Year 2010. Section 24: Forestry Commission, State Section Total - Continuation TOTAL STATE FUNDS $39,265,053 $39,265,053 $39,265,053 $39,265,053 WEDNESDAY, APRIL 1, 2009 3357 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 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 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 - Final $33,665,662 $32,915,798 $33,665,662 $32,915,798 $8,610,055 $8,610,055 $8,610,055 $8,610,055 $5,626,650 $5,626,650 $125,000 $125,000 $13,000 $13,000 $5,488,650 $5,488,650 $47,902,367 $47,152,503 $33,441,333 $33,441,333 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $47,678,038 $34,600,778 $34,600,778 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $48,837,483 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 $4,606,407 $4,606,407 $4,606,407 $4,606,407 State General Funds $4,606,407 $4,606,407 $4,606,407 $4,606,407 TOTAL AGENCY FUNDS $8,872 $8,872 $8,872 $8,872 Sales and Services $8,872 $8,872 $8,872 $8,872 Sales and Services Not Itemized $8,872 $8,872 $8,872 $8,872 TOTAL PUBLIC FUNDS $4,615,279 $4,615,279 $4,615,279 $4,615,279 153.1 Defer the FY09 cost of living adjustment. State General Funds ($31,966) ($31,966) ($31,966) ($31,966) 153.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of 3358 JOURNAL OF THE SENATE State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($82,836) ($133,158) ($115,068) $0 153.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($174,536) ($174,536) ($174,536) ($174,536) 153.4 Reduce one-time funds received in HB1027 (FY07G) to construct a garage for a Georgia Bureau of Investigation (GBI) bomb truck. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 153.5 Reduce one-time funds received in HB1027 (FY07G) to purchase six fire engines. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 153.6 Reduce funds designated for one training officer position and fund with existing federal funds. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 153.7 Reduce funds and replace with fees retained from existing federal grants to landowners. State General Funds ($218,711) ($218,711) ($218,711) ($218,711) 153.8 Reduce funds from travel. State General Funds ($11,906) ($11,906) ($11,906) ($11,906) 153.9 Reduce funds from operations. State General Funds ($36,812) ($36,812) ($36,812) ($36,812) 153.10 Reduce funds by eliminating a vacant maintenance position at the Macon headquarters. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 153.11 Reduce funds by eliminating various contracts. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 153.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($37,050) ($37,050) $0 153.13 Reduce merit system assessments from $147 to $137 per position. State General Funds ($5,507) ($5,507) 153.100-Commission Administration Appropriation (HB 119) 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 $3,724,640 $3,637,268 $3,649,851 $3,801,969 WEDNESDAY, APRIL 1, 2009 3359 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,724,640 $8,872 $8,872 $8,872 $3,733,512 $3,637,268 $8,872 $8,872 $8,872 $3,646,140 $3,649,851 $8,872 $8,872 $8,872 $3,658,723 $3,801,969 $8,872 $8,872 $8,872 $3,810,841 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 $3,863,541 $3,863,541 $3,863,541 $3,863,541 State General Funds $3,863,541 $3,863,541 $3,863,541 $3,863,541 TOTAL FEDERAL FUNDS $6,555,882 $6,555,882 $6,555,882 $6,555,882 Federal Funds Not Itemized $6,555,882 $6,555,882 $6,555,882 $6,555,882 TOTAL AGENCY FUNDS $707,587 $707,587 $707,587 $707,587 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 $582,587 $582,587 $582,587 $582,587 Sales and Services Not Itemized $582,587 $582,587 $582,587 $582,587 TOTAL PUBLIC FUNDS $11,127,010 $11,127,010 $11,127,010 $11,127,010 154.1 Defer the FY09 cost of living adjustment. State General Funds ($30,391) ($30,391) ($30,391) ($30,391) 154.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($116,550) ($180,900) ($156,324) $0 154.3 Reduce one-time funds received in HB990 (FY09G) to purchase a vehicle for a conservation forester. State General Funds ($16,000) ($16,000) ($16,000) ($16,000) 154.4 Reduce funds from travel. State General Funds ($28,600) ($28,600) ($28,600) ($28,600) 3360 JOURNAL OF THE SENATE 154.5 Reduce funds from operations. State General Funds ($5,917) ($5,917) ($5,917) ($5,917) 154.6 Reduce funds from the forest inventory program by eliminating two vacant forester positions. State General Funds ($26,208) ($26,208) ($26,208) ($26,208) 154.7 Reduce funds by eliminating one vacant educational forest coordinator position at the Bartram Forest. State General Funds ($49,587) ($49,587) ($49,587) ($49,587) 154.8 Reduce funds by eliminating one vacant sustainable community forester position for the Metro-Atlanta region. State General Funds ($77,886) ($77,886) ($77,886) ($77,886) 154.9 Reduce funds by eliminating one vacant marketing forester position. State General Funds ($63,000) ($63,000) ($63,000) ($63,000) 154.10 Eliminate funds from the Southern Forest World museum. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 154.11 Eliminate funds by closing the Brender Demonstration Forest. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 154.12 Reduce funds by hiring all forester positions on a temporary basis for three months. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 154.13 Reduce funds to reflect the revised revenue estimate. State General Funds ($33,874) ($33,874) ($33,874) 154.99 SAC: The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. State General Funds $0 154.100-Forest Management Appropriation (HB 119) The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries and, during WEDNESDAY, APRIL 1, 2009 3361 extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. TOTAL STATE FUNDS $3,405,402 $3,307,178 $3,331,754 $3,488,078 State General Funds $3,405,402 $3,307,178 $3,331,754 $3,488,078 TOTAL FEDERAL FUNDS $6,555,882 $6,555,882 $6,555,882 $6,555,882 Federal Funds Not Itemized $6,555,882 $6,555,882 $6,555,882 $6,555,882 TOTAL AGENCY FUNDS $707,587 $707,587 $707,587 $707,587 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 $582,587 $582,587 $582,587 $582,587 Sales and Services Not Itemized $582,587 $582,587 $582,587 $582,587 TOTAL PUBLIC FUNDS $10,668,871 $10,570,647 $10,595,223 $10,751,547 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 $30,850,411 $30,850,411 $30,850,411 $30,850,411 State General Funds $30,850,411 $30,850,411 $30,850,411 $30,850,411 TOTAL FEDERAL FUNDS $1,964,173 $1,964,173 $1,964,173 $1,964,173 Federal Funds Not Itemized $1,964,173 $1,964,173 $1,964,173 $1,964,173 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 $36,298,695 $36,298,695 $36,298,695 $36,298,695 155.1 Defer the FY09 cost of living adjustment. State General Funds ($236,666) ($236,666) ($236,666) ($236,666) 155.2 Defer structure adjustments to the statewide salary plan. State General Funds ($22,372) ($22,372) ($22,372) ($22,372) 155.3 Defer salary adjustments for critical jobs. State General Funds ($42,845) ($42,845) ($42,845) ($42,845) 155.4 Defer special adjustments to selected job classes. 3362 JOURNAL OF THE SENATE State General Funds ($929,960) ($929,960) ($929,960) ($929,960) 155.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($545,756) ($847,246) ($732,142) $0 155.6 Reduce one-time funds received in HB990 (FY09G) to purchase a vehicle for an arson investigator. State General Funds ($16,000) ($16,000) ($16,000) ($16,000) 155.7 Reduce funds for four and a half fire control positions and fund with existing federal funds. State General Funds ($166,209) ($166,209) ($166,209) ($166,209) 155.8 Reduce funds for two welder positions and fund with existing federal funds. State General Funds ($42,000) ($42,000) ($42,000) ($42,000) 155.9 Reduce funds from operations. State General Funds ($490,560) ($490,560) ($490,560) ($490,560) 155.10 Reduce funds from travel. State General Funds ($49,728) ($49,728) ($49,728) ($49,728) 155.11 Reduce funds by eliminating 124 Commission-issued cell phones for fire control personnel. State General Funds ($67,200) ($67,200) ($67,200) ($67,200) 155.12 Reduce funds designated for vehicle purchases. State General Funds ($249,413) ($249,413) ($249,413) ($249,413) 155.13 Reduce funds for firefighting equipment. State General Funds ($575,000) ($575,000) ($500,000) ($500,000) 155.14 Reduce funds and replace with increased fees charged to landowners, rural fire departments, and other groups. State General Funds ($420,840) ($420,840) ($420,840) ($420,840) 155.15 Reduce funds by eliminating one vacant administrative assistant position. State General Funds ($38,480) ($38,480) ($38,480) ($38,480) 155.16 Reduce funds by eliminating four temporary mitigation clerks. State General Funds ($38,801) ($38,801) ($38,801) ($38,801) 155.17 Reduce funds received in HB990 (FY09G) for an aviation maintenance position. State General Funds ($81,768) ($81,768) ($81,768) ($81,768) 155.18 Reduce funds and consolidate four County Fire Control Units. WEDNESDAY, APRIL 1, 2009 3363 State General Funds ($29,600) ($29,600) ($29,600) ($29,600) 155.19 Reduce funds by hiring all fire ranger positions on a temporary basis for three months. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 155.20 Reduce funds from contracts. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 155.21 Reduce funds to reflect the revised revenue estimate. State General Funds ($265,733) ($265,733) $0 155.22 Reduce funds received in HB990 (FY09G) for one helicopter pilot position. State General Funds ($24,238) 155.99 SAC: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger. State General Funds $0 155.100-Forest Protection Appropriation (HB 119) The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger. TOTAL STATE FUNDS $26,714,213 $26,146,990 $26,337,094 $27,310,731 State General Funds $26,714,213 $26,146,990 $26,337,094 $27,310,731 TOTAL FEDERAL FUNDS $1,964,173 $1,964,173 $1,964,173 $1,964,173 Federal Funds Not Itemized $1,964,173 $1,964,173 $1,964,173 $1,964,173 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 3364 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $32,162,497 $31,595,274 $31,785,378 $32,759,015 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 $123,287 $123,287 $123,287 $123,287 State General Funds $123,287 $123,287 $123,287 $123,287 TOTAL FEDERAL FUNDS $20,000 $20,000 $20,000 $20,000 Federal Funds Not Itemized $20,000 $20,000 $20,000 $20,000 TOTAL AGENCY FUNDS $74,580 $74,580 $74,580 $74,580 Sales and Services $74,580 $74,580 $74,580 $74,580 Sales and Services Not Itemized $74,580 $74,580 $74,580 $74,580 TOTAL PUBLIC FUNDS $217,867 $217,867 $217,867 $217,867 156.1 Defer the FY09 cost of living adjustment. State General Funds ($653) ($653) ($653) ($653) 156.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,955) $0 $0 $0 156.3 Eliminate funds and consolidate activities within the Tree Seedling Nursery program. (S:Transfer all funds and activities to the Tree Seedling Nursery program) State General Funds ($119,679) ($119,679) $0 ($122,634) Federal Funds Not Itemized ($20,000) Sales and Services Not Itemized ($74,580) TOTAL PUBLIC FUNDS ($217,214) 156.100-Tree Improvement Appropriation (HB 119) 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 $2,955 $122,634 WEDNESDAY, APRIL 1, 2009 3365 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $20,000 $20,000 $74,580 $74,580 $74,580 $94,580 $2,955 $20,000 $20,000 $74,580 $74,580 $74,580 $97,535 $122,634 $20,000 $20,000 $74,580 $74,580 $74,580 $217,214 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 ($178,593) ($178,593) ($178,593) ($178,593) State General Funds ($178,593) ($178,593) ($178,593) ($178,593) 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 $1,351,500 $1,351,500 $1,351,500 $1,351,500 Sales and Services $1,351,500 $1,351,500 $1,351,500 $1,351,500 Sales and Services Not Itemized $1,351,500 $1,351,500 $1,351,500 $1,351,500 TOTAL PUBLIC FUNDS $1,242,907 $1,242,907 $1,242,907 $1,242,907 157.1 Restore funds to correct the negative balance and to support the reforestation of Georgia. (S:Transfer all funds and activities from the Tree Improvement program and evaluate the cost-effectiveness and long-term viability of the Tree Seedling Nursery program) State General Funds $178,593 $178,593 Federal Funds Not Itemized $13,080 Sales and Services Not Itemized $81,500 TOTAL PUBLIC FUNDS $273,173 157.100-Tree Seedling Nursery Appropriation (HB 119) 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) State General Funds ($178,593) ($178,593) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 $83,080 3366 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section 25: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families 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 Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,421,500 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080 Section Total - Continuation $57,642,768 $57,642,768 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210 $57,642,768 $57,642,768 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210 $57,642,768 $57,642,768 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210 $57,642,768 $57,642,768 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210 Section Total - Final $49,638,242 $49,624,954 $49,638,242 $49,624,954 $43,764,158 $43,764,158 $43,514,158 $43,514,158 $250,000 $250,000 $2,343,959 $2,343,959 $10,000 $10,000 $48,692,367 $48,692,367 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $50,711,076 $50,711,076 $44,755,838 $43,514,158 $1,241,680 $2,343,959 $10,000 WEDNESDAY, APRIL 1, 2009 3367 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 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $95,893,684 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $95,880,396 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $94,947,809 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $97,958,198 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 $4,448,905 $4,448,905 $4,448,905 $4,448,905 State General Funds $4,448,905 $4,448,905 $4,448,905 $4,448,905 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 $659,400 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 $5,118,305 $5,118,305 $5,118,305 $5,118,305 158.1 Defer the FY09 cost of living adjustment. State General Funds ($4,286) ($4,286) ($4,286) ($4,286) 158.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($9,193) ($13,494) ($11,660) $0 158.3 Reduce funds from grants and benefits to non-profit arts and cultural organizations. (S:Reduce funds from grants and utilize funds from the American Recovery and Reinvestment Act of 2009) State General Funds ($588,978) ($588,978) ($688,978) ($1,638,460) 158.4 Reduce funds from operations. State General Funds ($25,731) ($25,731) ($25,731) ($69,366) 3368 JOURNAL OF THE SENATE 158.5 Reduce funds from personnel. State General Funds ($8,125) ($8,125) ($8,125) ($8,125) 158.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($38,126) ($38,126) ($38,126) 158.99 SAC: The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the Georgia State Art Collection and Capital Galleries. State General Funds $0 158.100-Arts, Georgia Council for the Appropriation (HB 119) The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the Georgia State Art Collection and Capital Galleries. TOTAL STATE FUNDS $3,812,592 $3,770,165 $3,671,999 $2,690,542 State General Funds $3,812,592 $3,770,165 $3,671,999 $2,690,542 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 $659,400 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 $4,481,992 $4,439,565 $4,341,399 $3,359,942 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 $1,199,011 $1,199,011 $1,199,011 $1,199,011 State General Funds $1,199,011 $1,199,011 $1,199,011 $1,199,011 TOTAL FEDERAL FUNDS $179,558 $179,558 $179,558 $179,558 Federal Funds Not Itemized $179,558 $179,558 $179,558 $179,558 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 $1,378,594 $1,378,594 $1,378,594 $1,378,594 159.1 Defer the FY09 cost of living adjustment. State General Funds ($7,959) ($7,959) ($7,959) ($7,959) WEDNESDAY, APRIL 1, 2009 3369 159.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($17,500) ($32,205) ($27,830) $0 159.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,013 $3,013 $3,013 $3,013 159.4 Reduce one-time funds received in HB990 (FY09G) for a statewide needs assessment of child-welfare resources and services. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) 159.5 Reduce one-time funds received in HB990 (FY09G) to supplement the 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) ($13,500) 159.6 Reduce funds by eliminating one vacant executive secretary position. State General Funds ($50,706) ($50,706) ($50,706) ($50,706) 159.7 Reduce funds from operations. State General Funds ($9,902) ($9,902) ($9,902) ($9,902) 159.8 Reduce funds from contracts. State General Funds ($50,975) ($50,975) ($50,975) ($50,975) 159.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,815) ($9,815) ($9,815) 159.100-Child Advocate, Office of the Appropriation (HB 119) 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 $981,482 $956,962 $961,337 $989,167 State General Funds $981,482 $956,962 $961,337 $989,167 TOTAL FEDERAL FUNDS $179,558 $179,558 $179,558 $179,558 Federal Funds Not Itemized $179,558 $179,558 $179,558 $179,558 TOTAL AGENCY FUNDS $25 $25 $25 $25 Sales and Services $25 $25 $25 $25 3370 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25 $1,161,065 $25 $1,136,545 $25 $1,140,920 $25 $1,168,750 Children and Families, Governor's Office for Continuation Budget TOTAL STATE FUNDS $9,488,781 $9,488,781 $9,488,781 $9,488,781 State General Funds $9,488,781 $9,488,781 $9,488,781 $9,488,781 TOTAL FEDERAL FUNDS $7,206,237 $7,206,237 $7,206,237 $7,206,237 Federal Funds Not Itemized $6,956,237 $6,956,237 $6,956,237 $6,956,237 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 PUBLIC FUNDS $16,695,018 $16,695,018 $16,695,018 $16,695,018 160.1 Defer the FY09 cost of living adjustment. State General Funds ($13,114) ($13,114) ($13,114) ($13,114) 160.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($20,000) ($9,261) ($8,003) $0 160.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $23,158 $23,158 $23,158 $23,158 160.4 Eliminate one-time funds received in HB990 (FY09G) for KidsNet. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 160.5 Reduce funds from grants based on utilization and grantee non-performance of standards. State General Funds ($1,014,756) ($1,014,756) ($1,014,756) ($1,014,756) 160.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($74,641) ($74,641) ($74,641) 160.7 Transfer funds from the Child Welfare Services and Infant and Child Health Promotion programs in the Department of Human Resources for the Regional Assessment Center and services for victims of child prostitution and trafficking. State General Funds $140,000 WEDNESDAY, APRIL 1, 2009 3371 Temporary Assistance for Needy Families Grant CFDA93.558 $991,680 TOTAL PUBLIC FUNDS $1,131,680 160.99 SAC: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. House: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Gov Rev: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Governor: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. State General Funds $0 $0 $0 $0 160.100-Children and Families, Governor's Office for Appropriation (HB 119) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $7,464,069 $7,400,167 $7,401,425 $7,549,428 State General Funds $7,464,069 $7,400,167 $7,401,425 $7,549,428 TOTAL FEDERAL FUNDS $7,206,237 $7,206,237 $7,206,237 $8,197,917 Federal Funds Not Itemized $6,956,237 $6,956,237 $6,956,237 $6,956,237 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 $1,241,680 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 $1,241,680 TOTAL PUBLIC FUNDS $14,670,306 $14,606,404 $14,607,662 $15,747,345 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 $8,581,217 $8,581,217 $8,581,217 $8,581,217 State General Funds $8,581,217 $8,581,217 $8,581,217 $8,581,217 TOTAL AGENCY FUNDS $1,572,903 $1,572,903 $1,572,903 $1,572,903 Rebates, Refunds, and Reimbursements $983,306 $983,306 $983,306 $983,306 Rebates, Refunds, and Reimbursements Not Itemized $983,306 $983,306 $983,306 $983,306 Sales and Services $400,000 $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 $400,000 3372 JOURNAL OF THE SENATE Sanctions, Fines, and Penalties $189,597 $189,597 $189,597 $189,597 Sanctions, Fines, and Penalties Not Itemized $189,597 $189,597 $189,597 $189,597 TOTAL PUBLIC FUNDS $10,154,120 $10,154,120 $10,154,120 $10,154,120 161.1 Defer the FY09 cost of living adjustment. State General Funds ($70,766) ($70,766) ($70,766) ($70,766) 161.2 Defer structure adjustments to the statewide salary plan. State General Funds ($488) ($488) ($488) ($488) 161.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($169,016) ($223,660) ($193,274) $0 161.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $98,918 $98,918 $98,918 $98,918 161.5 Reduce funds received in HB990 (FY09G) and defer filling seven positions to staff the "1-800-Georgia" call center. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 161.6 Eliminate funds for the Consumers' Utility Counsel and four positions. State General Funds ($386,753) ($386,753) ($386,753) ($386,753) 161.7 Reduce funds from contracts for customer service and workplace satisfaction surveys. State General Funds ($335,342) ($335,342) ($335,342) ($335,342) 161.8 Reduce funds from operations. State General Funds ($13,667) ($13,667) ($13,667) ($13,667) 161.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($74,041) ($74,041) ($74,041) 161.10 Transfer funds for the Consumer Services Division from the Department of Insurance. State General Funds $1,674,094 161.100-Consumer Affairs, Governor's Office of Appropriation (HB 119) 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. WEDNESDAY, APRIL 1, 2009 3373 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $7,404,103 $7,404,103 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $8,977,006 $7,275,418 $7,275,418 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $8,848,321 $7,305,804 $7,305,804 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $8,878,707 $9,173,172 $9,173,172 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,746,075 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 $2,406,048 $2,406,048 $2,406,048 $2,406,048 State General Funds $2,406,048 $2,406,048 $2,406,048 $2,406,048 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 $29,703,182 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 $32,917,086 $32,917,086 $32,917,086 $32,917,086 162.1 Defer the FY09 cost of living adjustment. State General Funds ($17,803) ($17,803) ($17,803) ($17,803) 162.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 3374 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($25,871) ($66,111) ($57,129) $0 162.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $256,156 $256,156 $256,156 $256,156 162.4 Reduce funds designated for the Director's salary that is now fully funded by the Office of Homeland Security. State General Funds ($173,541) ($173,541) ($173,541) ($173,541) 162.5 Reduce funds by eliminating one administrative position in the Operations Division. State General Funds ($48,234) ($48,234) ($48,234) ($48,234) 162.6 Reduce funds from operations. State General Funds ($32,000) ($32,000) ($32,000) ($32,000) 162.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($23,648) ($23,648) ($23,648) 162.99 SAC: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events. State General Funds $0 162.100-Emergency Management Agency, Georgia Appropriation (HB 119) The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events. TOTAL STATE FUNDS $2,364,755 $2,300,867 $2,309,849 $2,366,978 State General Funds $2,364,755 $2,300,867 $2,309,849 $2,366,978 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 $29,703,182 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 WEDNESDAY, APRIL 1, 2009 3375 Agency to Agency Contracts TOTAL PUBLIC FUNDS $147,325 $32,875,793 $147,325 $32,811,905 $147,325 $32,820,887 $147,325 $32,878,016 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 $712,490 $712,490 $712,490 $712,490 State General Funds $712,490 $712,490 $712,490 $712,490 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $1,119,490 $1,119,490 $1,119,490 $1,119,490 163.1 Defer the FY09 cost of living adjustment. State General Funds ($6,599) ($6,599) ($6,599) ($6,599) 163.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($22,928) ($21,375) ($18,471) $0 163.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,639 $3,639 $3,639 $3,639 163.4 Reduce funds and defer filling one intake coordinator position in the Equal Employment Division. State General Funds ($45,717) ($45,717) ($45,717) ($45,717) 163.5 Reduce funds from operations. State General Funds ($59,529) ($59,529) ($59,529) ($59,529) 163.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,814) ($5,814) ($5,814) 163.99 SAC: 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 to discriminate against any individual. State General Funds $0 3376 JOURNAL OF THE SENATE 163.100-Equal Opportunity, Georgia Commission on Appropriation (HB 119) 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 to discriminate against any individual. TOTAL STATE FUNDS $581,356 $577,095 $579,999 $598,470 State General Funds $581,356 $577,095 $579,999 $598,470 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $988,356 $984,095 $986,999 $1,005,470 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 $3,469,576 164.100-Governor's Emergency Fund Appropriation (HB 119) 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 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 $7,997,298 $7,997,298 $7,997,298 $7,997,298 State General Funds $7,997,298 $7,997,298 $7,997,298 $7,997,298 TOTAL FEDERAL FUNDS $5,196,851 $5,196,851 $5,196,851 $5,196,851 Federal Funds Not Itemized $5,196,851 $5,196,851 $5,196,851 $5,196,851 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 $100,000 WEDNESDAY, APRIL 1, 2009 3377 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $13,294,149 $13,294,149 $13,294,149 $13,294,149 165.1 Defer the FY09 cost of living adjustment. State General Funds ($52,950) ($52,950) ($52,950) ($52,950) 165.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($800,000) ($167,286) ($144,559) $0 165.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $94,425 $94,425 $94,425 $94,425 165.4 Reduce funds from operations. State General Funds ($635,550) ($635,550) ($735,550) ($635,550) 165.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($66,032) ($66,032) ($66,032) 165.6 Reduce funds received in HB95 (FY08G) for the Governor's Litigation Fund. State General Funds ($650,000) ($650,000) 165.100-Governor's Office Appropriation (HB 119) 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 $6,603,223 $7,169,905 $6,442,632 $6,687,191 State General Funds $6,603,223 $7,169,905 $6,442,632 $6,687,191 TOTAL FEDERAL FUNDS $5,196,851 $5,196,851 $5,196,851 $5,196,851 Federal Funds Not Itemized $5,196,851 $5,196,851 $5,196,851 $5,196,851 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 $11,900,074 $12,466,756 $11,739,483 $11,984,042 3378 JOURNAL OF THE SENATE 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 $527,932 $527,932 $527,932 $527,932 State General Funds $527,932 $527,932 $527,932 $527,932 TOTAL PUBLIC FUNDS $527,932 $527,932 $527,932 $527,932 166.1 Defer the FY09 cost of living adjustment. State General Funds ($6,213) ($6,213) ($6,213) ($6,213) 166.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($12,672) ($13,999) ($12,097) $0 166.3 Reduce funds and defer filling one secretary position. State General Funds ($71,121) ($71,121) ($71,121) ($71,121) 166.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,379) ($4,379) ($4,379) 166.99 SAC: The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security. State General Funds $0 166.100-Office of Homeland Security Appropriation (HB 119) The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security. TOTAL STATE FUNDS $437,926 $432,220 $434,122 $446,219 State General Funds $437,926 $432,220 $434,122 $446,219 TOTAL PUBLIC FUNDS $437,926 $432,220 $434,122 $446,219 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. WEDNESDAY, APRIL 1, 2009 3379 TOTAL STATE FUNDS $829,079 $829,079 $829,079 $829,079 State General Funds $829,079 $829,079 $829,079 $829,079 TOTAL PUBLIC FUNDS $829,079 $829,079 $829,079 $829,079 167.1 Defer the FY09 cost of living adjustment. State General Funds ($7,391) ($7,391) ($7,391) ($7,391) 167.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($17,022) ($25,126) ($21,712) $0 167.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,916 $1,916 $1,916 $1,916 167.4 Reduce funds from investigations. State General Funds ($95,650) ($95,650) ($95,650) ($95,650) 167.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,109) ($7,109) ($7,109) 167.99 SAC: The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse. State General Funds $0 167.100-Office of the State Inspector General Appropriation (HB 119) 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 $710,932 $695,719 $699,133 $720,845 State General Funds $710,932 $695,719 $699,133 $720,845 TOTAL PUBLIC FUNDS $710,932 $695,719 $699,133 $720,845 Planning and Budget, Governor's Office of Continuation Budget 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. 3380 JOURNAL OF THE SENATE TOTAL STATE FUNDS $9,584,234 $9,584,234 $9,584,234 $9,584,234 State General Funds $9,584,234 $9,584,234 $9,584,234 $9,584,234 TOTAL PUBLIC FUNDS $9,584,234 $9,584,234 $9,584,234 $9,584,234 168.1 Defer the FY09 cost of living adjustment. State General Funds ($81,224) ($81,224) ($81,224) ($81,224) 168.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($206,716) ($240,793) ($208,079) $0 168.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($178,124) ($178,124) ($178,124) ($178,124) 168.4 Reduce funds from operations. State General Funds ($849,629) ($849,629) ($949,629) ($849,629) 168.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($82,683) ($82,683) ($82,683) 168.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($2,243) ($2,243) 168.7 Reduce funds from the Commission on Hispanic Affairs. State General Funds ($20,000) ($20,000) 168.8 Reduce funds from the Commission on Asian Affairs. State General Funds ($20,000) ($20,000) 168.9 Reduce funds from the Military Coordinating Council contract. State General Funds ($84,000) $0 168.100-Planning and Budget, Governor's Office of Appropriation (HB 119) 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 $8,268,541 $8,151,781 $7,958,252 $8,350,331 State General Funds $8,268,541 $8,151,781 $7,958,252 $8,350,331 WEDNESDAY, APRIL 1, 2009 3381 TOTAL PUBLIC FUNDS $8,268,541 $8,151,781 $7,958,252 $8,350,331 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 $7,123,741 $7,123,741 $7,123,741 $7,123,741 State General Funds $7,123,741 $7,123,741 $7,123,741 $7,123,741 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 $7,536,171 $7,536,171 $7,536,171 $7,536,171 169.1 Defer the FY09 cost of living adjustment. State General Funds ($65,065) ($65,065) ($65,065) ($65,065) 169.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($164,033) ($205,175) ($177,301) $0 169.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $37,115 $37,115 $37,115 $37,115 169.4 Reduce funds from personnel. State General Funds ($14,571) ($14,571) ($14,571) ($14,571) 169.5 Reduce funds from information technology. State General Funds ($6,740) ($6,740) ($6,740) ($6,740) 169.6 Eliminate funds for the Georgia Teacher Alternative Preparation Program (TAPP) grants. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 169.7 Eliminate funds for National Board Certified Teacher (NBCT) reimbursements offered to teachers who successfully achieve national certification the first time they apply. 3382 JOURNAL OF THE SENATE State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 169.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($64,744) ($64,744) ($64,744) 169.99 SAC: The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. State General Funds $0 169.100-Professional Standards Commission, Georgia Appropriation (HB 119) The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. TOTAL STATE FUNDS $6,474,447 $6,368,561 $6,396,435 $6,573,736 State General Funds $6,474,447 $6,368,561 $6,396,435 $6,573,736 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 $6,886,877 $6,780,991 $6,808,865 $6,986,166 Student Achievement, Office of Continuation Budget The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,274,456 $1,274,456 $1,274,456 $1,274,456 State General Funds $1,274,456 $1,274,456 $1,274,456 $1,274,456 TOTAL PUBLIC FUNDS $1,274,456 $1,274,456 $1,274,456 $1,274,456 170.1 Defer the FY09 cost of living adjustment. State General Funds ($11,381) ($11,381) ($11,381) ($11,381) 170.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($30,181) ($38,903) ($33,617) $0 WEDNESDAY, APRIL 1, 2009 3383 170.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($6,096) ($6,096) ($6,096) ($6,096) 170.4 Reduce funds from personnel. State General Funds ($123,289) ($123,289) ($123,289) ($123,289) 170.5 Reduce funds from contracts. State General Funds ($38,269) ($38,269) ($38,269) ($38,269) 170.99 SAC: The purpose of this appropriation is to support P-16 accountability, evaluation, and reporting efforts, including: the establishment of standards on state assessments, development and evaluation of IE2 Partnership contracts, the execution of academic program audits, the preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts. State General Funds $0 170.100-Student Achievement, Office of Appropriation (HB 119) The purpose of this appropriation is to support P-16 accountability, evaluation, and reporting efforts, including: the establishment of standards on state assessments, development and evaluation of IE2 Partnership contracts, the execution of academic program audits, the preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts. TOTAL STATE FUNDS $1,065,240 $1,056,518 $1,061,804 $1,095,421 State General Funds $1,065,240 $1,056,518 $1,061,804 $1,095,421 TOTAL PUBLIC FUNDS $1,065,240 $1,056,518 $1,061,804 $1,095,421 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 Section Total - Continuation TOTAL STATE FUNDS State General Funds $1,661,556,492 $1,661,556,492 $1,661,556,492 $1,661,556,492 $1,631,202,946 $1,631,202,946 $1,631,202,946 $1,631,202,946 3384 JOURNAL OF THE SENATE 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 $28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,658,047,322 $28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,658,047,322 $28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,658,047,322 $28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,658,047,322 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Section Total - Final $1,512,221,640 $1,401,724,413 $1,481,920,698 $1,371,423,471 $28,234,553 $28,234,553 $1,419,665,703 $1,389,364,761 $28,234,553 $1,442,828,433 $1,412,527,491 $28,234,553 WEDNESDAY, APRIL 1, 2009 3385 Brain and Spinal Injury Trust Fund $2,066,389 TOTAL FEDERAL FUNDS $1,667,422,111 CCDF Mandatory & Matching Funds CFDA93.596 $94,361,006 Child Care & Development Block Grant CFDA93.575 $66,215,997 Community Mental Health Services Block Grant CFDA93.958 $13,130,623 Community Services Block Grant CFDA93.569 $17,397,861 Federal Funds Not Itemized $708,353,954 Foster Care Title IV-E CFDA93.658 $79,448,008 Low-Income Home Energy Assistance CFDA93.568 $24,906,536 Maternal & Child Health Services Block Grant CFDA93.994 $20,366,584 Medical Assistance Program CFDA93.778 $118,768,811 Prevention & Treatment of Substance Abuse Grant CFDA93.959$59,700,314 Preventive Health & Health Services Block Grant CFDA93.991 $4,404,431 Social Services Block Grant CFDA93.667 $54,994,483 Temporary Assistance for Needy Families $368,024,967 TANF Unobligated Balance per 42 USC 604 $37,348,536 TOTAL AGENCY FUNDS $310,093,438 Contributions, Donations, and Forfeitures $33,877,056 Reserved Fund Balances $12,918,884 Intergovernmental Transfers $48,334,620 Rebates, Refunds, and Reimbursements $221,036 Royalties and Rents $2,729,126 Sales and Services $212,012,716 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,887,156 State Funds Transfers $5,686,117 Federal Funds Transfers $201,039 TOTAL PUBLIC FUNDS $3,495,624,345 $2,066,389 $1,751,751,843 $94,361,006 $66,215,997 $13,130,623 $17,397,861 $708,353,954 $86,793,400 $24,906,536 $20,366,584 $195,753,151 $59,700,314 $4,404,431 $54,994,483 $368,024,967 $37,348,536 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,429,379,175 $2,066,389 $1,813,857,131 $94,361,006 $93,215,997 $13,130,623 $17,397,861 $726,498,954 $100,679,167 $24,906,536 $20,366,584 $198,827,672 $59,700,314 $4,404,431 $54,994,483 $368,024,967 $37,348,536 $273,093,438 $33,877,056 $12,918,884 $11,334,620 $221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,512,503,428 $2,066,389 $1,812,736,526 $94,361,006 $102,215,997 $13,130,623 $17,397,861 $725,002,111 $87,079,167 $24,906,536 $20,366,584 $205,045,600 $59,700,314 $4,404,431 $54,994,483 $366,783,277 $37,348,536 $270,015,763 $33,877,056 $12,918,884 $8,256,945 $221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117 $201,039 $3,531,467,878 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 $20,563,284 $20,563,284 $20,563,284 $20,563,284 State General Funds $15,498,107 $15,498,107 $15,498,107 $15,498,107 3386 JOURNAL OF THE SENATE Tobacco Settlement Funds $5,065,177 $5,065,177 $5,065,177 $5,065,177 TOTAL FEDERAL FUNDS $38,527,728 $38,527,728 $38,527,728 $38,527,728 Federal Funds Not Itemized $17,796,605 $17,796,605 $17,796,605 $17,796,605 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 $353,240 $353,240 $353,240 $353,240 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $19,105,217 $19,105,217 $19,105,217 $19,105,217 Temporary Assistance for Needy Families Grant CFDA93.558 $19,105,217 $19,105,217 $19,105,217 $19,105,217 TOTAL AGENCY FUNDS $270,000 $270,000 $270,000 $270,000 Contributions, Donations, and Forfeitures $270,000 $270,000 $270,000 $270,000 Contributions, Donations, and Forfeitures Not Itemized $270,000 $270,000 $270,000 $270,000 TOTAL PUBLIC FUNDS $59,361,012 $59,361,012 $59,361,012 $59,361,012 171.1 Defer the FY09 cost of living adjustment. State General Funds ($155,696) ($155,696) ($155,696) ($155,696) 171.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($352,559) ($484,702) ($437,130) $0 171.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,844 $1,844 $1,844 $1,844 171.4 Reduce funds from family planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars. Temporary Assistance for Needy Families Grant CFDA93.558 ($6,499,521) ($6,499,521) ($1,099,521) ($3,894,772) 171.5 Reduce funds designated to purchase supplies and other operating expenses. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 171.6 Reduce funds from nutrition education. State General Funds ($122,759) ($122,759) ($122,759) ($122,759) 171.7 Reduce funds from prostate cancer education provided by the Regional Cancer Coalitions. State General Funds ($85,000) ($85,000) ($85,000) ($85,000) WEDNESDAY, APRIL 1, 2009 3387 171.8 Eliminate funds for the coordinated school health outreach programs. Maternal & Child Health Services Block Grant CFDA93.994 ($1,021,604) ($1,021,604) ($1,021,604) ($1,021,604) 171.9 Reduce funds by eliminating seven vacant positions. State General Funds ($776,562) ($776,562) ($776,562) ($776,562) 171.10 Reduce funds by eliminating two filled state office positions and eighteen filled district health promotion coordinator positions. State General Funds ($1,136,228) ($1,136,228) ($1,136,228) ($1,136,228) 171.11 Reduce funds for one position and fund with existing federal funds. State General Funds ($49,879) ($49,879) ($49,879) ($49,879) 171.12 Reduce and defer funds received in HB95 (FY08G) for the Diabetes Care Coalition. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) 171.13 Reduce and defer funds received in HB990 (FY09G) for the Helen Keller National Center. State General Funds ($229,513) ($229,513) ($229,513) ($229,513) 171.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($7,683,299) ($7,683,299) ($7,683,299) ($7,683,299) Medical Assistance Program CFDA93.778 ($25,631) ($25,631) ($25,631) ($25,631) Temporary Assistance for Needy Families Grant CFDA93.558 ($6,105,228) ($6,105,228) ($6,105,228) $0 TOTAL PUBLIC FUNDS ($13,814,158) ($13,814,158) ($13,814,158) ($7,708,930) 171.99 SAC: The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. Funds provided by this appropriation shall not be used to provide contraceptives to minors without parental consent. State General Funds $0 171.100-Adolescent and Adult Health Promotion Appropriation (HB 119) 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. Funds provided by this appropriation shall not be used to provide contraceptives to minors without parental consent. TOTAL STATE FUNDS $9,748,633 $9,616,490 $9,664,062 $10,101,192 State General Funds $4,683,456 $4,551,313 $4,598,885 $5,036,015 Tobacco Settlement Funds $5,065,177 $5,065,177 $5,065,177 $5,065,177 TOTAL FEDERAL FUNDS $24,875,744 $24,875,744 $30,275,744 $33,585,721 Federal Funds Not Itemized $17,796,605 $17,796,605 $17,796,605 $17,796,605 Maternal & Child Health Services Block Grant CFDA93.994 $209,368 $209,368 $209,368 $209,368 3388 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 $327,609 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 Temporary Assistance for Needy Families $6,500,468 Temporary Assistance for Needy Families Grant CFDA93.558 $6,500,468 TOTAL AGENCY FUNDS $270,000 Contributions, Donations, and Forfeitures $270,000 Contributions, Donations, and Forfeitures Not Itemized $270,000 TOTAL PUBLIC FUNDS $34,894,377 $327,609 $41,694 $6,500,468 $6,500,468 $270,000 $270,000 $270,000 $34,762,234 $327,609 $41,694 $11,900,468 $11,900,468 $270,000 $270,000 $270,000 $40,209,806 $327,609 $41,694 $15,210,445 $15,210,445 $270,000 $270,000 $270,000 $43,956,913 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 $35,568,642 $35,568,642 $35,568,642 $35,568,642 State General Funds $35,568,642 $35,568,642 $35,568,642 $35,568,642 TOTAL FEDERAL FUNDS $50,211,517 $50,211,517 $50,211,517 $50,211,517 Federal Funds Not Itemized $38,000,452 $38,000,452 $38,000,452 $38,000,452 Foster Care Title IV-E CFDA93.658 $211,065 $211,065 $211,065 $211,065 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 $85,825,159 $85,825,159 $85,825,159 $85,825,159 172.1 Defer the FY09 cost of living adjustment. State General Funds ($23,332) ($23,332) ($23,332) ($23,332) 172.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($60,972) ($83,825) ($75,598) $0 172.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing WEDNESDAY, APRIL 1, 2009 3389 project. State General Funds $2,126 $2,126 $2,126 $2,126 172.4 Transfer funds from the Child Welfare Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month. State General Funds $1,910,000 $1,910,000 $1,910,000 $1,910,000 Federal Funds Not Itemized $2,341,417 $2,341,417 $2,341,417 $2,341,417 TOTAL PUBLIC FUNDS $4,251,417 $4,251,417 $4,251,417 $4,251,417 172.5 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($3,140,444) ($3,140,444) ($3,140,444) Foster Care Title IV-E CFDA93.658 $3,140,444 $3,140,444 $3,140,444 TOTAL PUBLIC FUNDS $0 $0 $0 172.6 Reduce funds from summer camps. State General Funds ($1,000,000) 172.100-Adoption Services Appropriation (HB 119) 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 $37,396,464 $34,233,167 $34,241,394 $33,316,992 State General Funds $37,396,464 $34,233,167 $34,241,394 $33,316,992 TOTAL FEDERAL FUNDS $52,552,934 $55,693,378 $55,693,378 $55,693,378 Federal Funds Not Itemized $40,341,869 $40,341,869 $40,341,869 $40,341,869 Foster Care Title IV-E CFDA93.658 $211,065 $3,351,509 $3,351,509 $3,351,509 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 $89,994,398 $89,971,545 $89,979,772 $89,055,370 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. 3390 JOURNAL OF THE SENATE TOTAL STATE FUNDS $47,941,247 $47,941,247 $47,941,247 $47,941,247 State General Funds $47,941,247 $47,941,247 $47,941,247 $47,941,247 TOTAL FEDERAL FUNDS $51,862,298 $51,862,298 $51,862,298 $51,862,298 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $29,988,615 $29,988,615 $29,988,615 $29,988,615 Temporary Assistance for Needy Families $21,873,683 $21,873,683 $21,873,683 $21,873,683 Temporary Assistance for Needy Families Grant CFDA93.558 $21,873,683 $21,873,683 $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 $100,628,448 $100,628,448 $100,628,448 $100,628,448 173.1 Defer the FY09 cost of living adjustment. State General Funds ($525,607) ($525,607) ($525,607) ($525,607) 173.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,373,564) ($1,888,392) ($1,703,054) $0 173.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,380 $1,380 $1,380 $1,380 173.4 Reduce and defer funds received in HB990 (FY09G) for the Bridges of Hope. State General Funds ($12,000) ($12,000) ($12,000) ($12,000) 173.5 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($61,117) ($61,117) ($61,117) ($61,117) 173.6 Reduce and defer funds received in HB990 (FY09G) for Hope House, Inc. ("The Highland West" location) for the expansion of substance abuse and outpatient behavioral health services. State General Funds ($350,000) ($350,000) ($350,000) ($350,000) WEDNESDAY, APRIL 1, 2009 3391 173.7 Reduce funds from the United Way Regional Commission for addictive disease services at the Gateway Center in Atlanta. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 173.8 Eliminate funds for opioid maintenance therapy. State General Funds ($1,568,628) ($1,568,628) ($1,568,628) ($1,568,628) 173.9 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program. State General Funds ($119,388) ($119,388) ($119,388) ($119,388) 173.10 Reduce funds from supported employment for non-medically necessary services and sustain the program through federal funding. State General Funds ($301,476) ($301,476) ($301,476) ($301,476) 173.11 Reduce funds from new provider training and quality compliance audits. State General Funds ($49,000) ($49,000) ($49,000) ($49,000) 173.12 Reduce funds from outdoor therapeutic programs by eliminating the contracts with Westcare Georgia and the River Edge Community Service Board (CSB) that provide specific treatment services and interventions for methamphetamine addiction in seventeen counties. State General Funds ($1,000,000) ($1,000,000) ($500,000) ($1,000,000) 173.13 Reduce funds from core and specialty services. State General Funds ($1,271,318) ($1,271,318) ($1,271,318) ($1,271,318) 173.14 Reduce funds from various contracts. State General Funds ($417,000) ($417,000) ($417,000) ($417,000) 173.15 Reduce funds. (H:Partially restore funds) Temporary Assistance for Needy Families Grant CFDA93.558 ($4,377,600) ($4,377,600) ($665,100) ($4,377,600) 173.98 SAC: The purpose of this appropriation is to assist adults in the safe withdrawal from addictions including methamphetamine, and other abused substances through detoxification services, HIV early intervention, crisis and access lines, residential and family assistance, supported employment, and outpatient care. The purpose of the appropriation is also to provide treatment for compulsive gambling. State General Funds $0 173.100-Adult Addictive Diseases Services Appropriation (HB 119) The purpose of this appropriation is to assist adults in the safe withdrawal from addictions including methamphetamine, and other abused substances through detoxification services, HIV early intervention, crisis and access lines, residential and family assistance, supported employment, and outpatient care. The purpose of the appropriation is also to provide treatment for compulsive gambling. TOTAL STATE FUNDS $40,843,529 $40,328,701 $41,014,039 $42,217,093 3392 JOURNAL OF THE SENATE State General Funds $40,843,529 TOTAL FEDERAL FUNDS $47,484,698 Prevention & Treatment of Substance Abuse Grant CFDA93.959$29,988,615 Temporary Assistance for Needy Families $17,496,083 Temporary Assistance for Needy Families Grant CFDA93.558 $17,496,083 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 $89,153,130 $40,328,701 $47,484,698 $29,988,615 $17,496,083 $17,496,083 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $88,638,302 $41,014,039 $51,197,198 $29,988,615 $21,208,583 $21,208,583 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $93,036,140 $42,217,093 $47,484,698 $29,988,615 $17,496,083 $17,496,083 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $90,526,694 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 $204,977,518 $204,977,518 $204,977,518 $204,977,518 State General Funds $194,722,380 $194,722,380 $194,722,380 $194,722,380 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $45,031,225 $45,031,225 $45,031,225 $45,031,225 Federal Funds Not Itemized $422,008 $422,008 $422,008 $422,008 Medical Assistance Program CFDA93.778 $13,561,524 $13,561,524 $13,561,524 $13,561,524 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $411,234 $411,234 $411,234 $411,234 Temporary Assistance for Needy Families Grant CFDA93.558 $411,234 $411,234 $411,234 $411,234 TOTAL AGENCY FUNDS $79,164,086 $79,164,086 $79,164,086 $79,164,086 Sales and Services $79,164,086 $79,164,086 $79,164,086 $79,164,086 Sales and Services Not Itemized $79,164,086 $79,164,086 $79,164,086 $79,164,086 TOTAL PUBLIC FUNDS $329,172,829 $329,172,829 $329,172,829 $329,172,829 174.1 Defer the FY09 cost of living adjustment. State General Funds ($1,507,563) ($1,507,563) ($1,507,563) ($1,507,563) 174.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3393 (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($3,939,706) ($5,416,356) ($4,884,763) $0 174.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $92,502 $92,502 $92,502 $92,502 174.4 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership. State General Funds ($401,367) ($401,367) ($401,367) ($401,367) 174.5 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($13,403) ($13,403) ($13,403) ($13,403) 174.6 Reduce and defer funds received in HB990 (FY09G) for Oral Health Resources. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 174.7 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages (FMAP) due to increased federal participation. State General Funds ($1,878,492) ($1,878,492) ($1,878,492) ($1,878,492) Medical Assistance Program CFDA93.778 $1,878,492 $1,878,492 TOTAL PUBLIC FUNDS $0 $0 174.8 Reduce funds received in HB990 (FY09G) for 135 Mental Retardation Waiver Program slots. (S:Restore funds for slots and reflect increased FMAP rate) State General Funds ($2,795,820) ($2,795,820) ($2,795,820) ($787,296) Medical Assistance Program CFDA93.778 ($5,180,843) ($5,180,843) ($5,180,843) $787,296 TOTAL PUBLIC FUNDS ($7,976,663) ($7,976,663) ($7,976,663) $0 174.9 Increase funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program. State General Funds $1,981,474 $1,981,474 $1,981,474 $1,981,474 174.10 Reduce funds from various contracts. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 174.11 Replace funds with the new provider fees raised by the Department of Community Health to annualize the provider rate increase received in HB990 (FY09G) for waiver services. (Gov Rev and S:Reduce by $1,433,784 and do not annualize the provider rate increase for waiver services due to the revised revenue estimate) 3394 JOURNAL OF THE SENATE State General Funds ($716,892) ($716,892) ($716,892) ($716,892) Provider Fee Transfers from Dept of Community Health $1,433,784 $0 $1,433,784 $0 TOTAL PUBLIC FUNDS $716,892 ($716,892) $716,892 ($716,892) 174.12 Increase funds to annualize the cost of 365 waiver slots on the Mental Retardation Waiver Program waiting list. State General Funds $2,509,915 $2,509,915 $2,509,915 $2,509,915 Medical Assistance Program CFDA93.778 $514,079 $0 $0 TOTAL PUBLIC FUNDS $3,023,994 $2,509,915 $2,509,915 174.13 Reduce funds designated to purchase vehicles. State General Funds ($962,957) ($962,957) ($962,957) ($962,957) 174.14 Reduce funds. (H and S:Restore funds) Temporary Assistance for Needy Families Grant CFDA93.558 ($411,234) ($411,234) $0 $0 174.15 Reduce funds to reflect the revised revenue estimate. (S:Restore funds for Rockdale Cares) State General Funds ($2,860,789) ($3,319,620) ($3,269,206) 174.16 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($31,622,732) ($31,622,732) ($31,622,732) Medical Assistance Program CFDA93.778 $31,622,732 $31,622,732 $31,622,732 TOTAL PUBLIC FUNDS $0 $0 $0 174.98 SAC: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors. State General Funds $0 174.100-Adult Developmental Disabilities Services Appropriation (HB 119) The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors. TOTAL STATE FUNDS $196,795,209 $160,835,038 $160,907,800 $167,851,501 State General Funds $186,540,071 $150,579,900 $150,652,662 $157,596,363 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $39,439,148 $71,575,959 $73,351,606 $79,319,745 WEDNESDAY, APRIL 1, 2009 3395 Federal Funds Not Itemized $422,008 Medical Assistance Program CFDA93.778 $8,380,681 Social Services Block Grant CFDA93.667 $30,636,459 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS $80,597,870 Intergovernmental Transfers $1,433,784 Provider Fee Transfers from Dept of Community Health $1,433,784 Sales and Services $79,164,086 Sales and Services Not Itemized $79,164,086 TOTAL PUBLIC FUNDS $316,832,227 $422,008 $40,517,492 $30,636,459 $79,164,086 $79,164,086 $79,164,086 $311,575,083 $422,008 $41,881,905 $30,636,459 $411,234 $411,234 $80,597,870 $1,433,784 $1,433,784 $79,164,086 $79,164,086 $314,857,276 $422,008 $47,850,044 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $326,335,332 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 $12,400,624 $12,400,624 $12,400,624 $12,400,624 State General Funds $5,925,624 $5,925,624 $5,925,624 $5,925,624 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $3,452,979 $3,452,979 $3,452,979 $3,452,979 Federal Funds Not Itemized $2,166,763 $2,166,763 $2,166,763 $2,166,763 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 PUBLIC FUNDS $15,853,603 $15,853,603 $15,853,603 $15,853,603 175.1 Defer the FY09 cost of living adjustment. State General Funds ($15,390) ($15,390) ($15,390) ($15,390) 175.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($40,218) ($55,292) ($49,865) $0 175.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing 3396 JOURNAL OF THE SENATE project. State General Funds $9,203 $9,203 $9,203 $9,203 175.4 Reduce funds from the Stroke and Heart Attack Prevention Program (SHAPP). State General Funds ($916,038) ($916,038) ($916,038) ($916,038) 175.5 Reduce funds and transfer all Cancer State Aid positions to existing federal funds. State General Funds ($140,000) ($140,000) ($140,000) ($140,000) 175.6 Reduce and defer funds received in HB990 (FY09G) for the Georgia Commission to Save the Cure. State General Funds ($240,000) ($240,000) ($240,000) ($240,000) 175.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($3,288,525) ($3,288,525) ($3,288,525) ($3,288,525) 175.100-Adult Essential Health Treatment Services Appropriation (HB 119) 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 $7,769,656 $7,754,582 $7,760,009 $7,809,874 State General Funds $1,294,656 $1,279,582 $1,285,009 $1,334,874 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $3,452,979 $3,452,979 $3,452,979 $3,452,979 Federal Funds Not Itemized $2,166,763 $2,166,763 $2,166,763 $2,166,763 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 PUBLIC FUNDS $11,222,635 $11,207,561 $11,212,988 $11,262,853 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 $46,249,924 $46,249,924 $46,249,924 $46,249,924 State General Funds $46,249,924 $46,249,924 $46,249,924 $46,249,924 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 $275,085 $275,085 $275,085 $275,085 Sales and Services $275,085 $275,085 $275,085 $275,085 Sales and Services Not Itemized $275,085 $275,085 $275,085 $275,085 WEDNESDAY, APRIL 1, 2009 3397 TOTAL PUBLIC FUNDS $47,640,417 $47,640,417 $47,640,417 $47,640,417 176.1 Defer the FY09 cost of living adjustment. State General Funds ($652,518) ($652,518) ($652,518) ($652,518) 176.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,705,221) ($2,344,359) ($2,114,270) $0 176.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,674 $2,674 $2,674 $2,674 176.4 Reduce funds by eliminating two vacant forensic diversion coordinator positions. State General Funds ($225,000) ($225,000) ($225,000) ($225,000) 176.5 Reduce funds by eliminating two vacant forensic evaluator positions and associated travel expenses. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 176.6 Reduce funds received in HB95 (FY08G) and defer the planned expansion of the forensic telemedicine pilot project. State General Funds ($95,040) ($95,040) ($95,040) ($95,040) 176.98 SAC: The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors. State General Funds $0 176.100-Adult Forensic Services Appropriation (HB 119) The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors. TOTAL STATE FUNDS $43,324,819 $42,685,681 $42,915,770 $45,030,040 State General Funds $43,324,819 $42,685,681 $42,915,770 $45,030,040 TOTAL FEDERAL FUNDS $1,115,408 $1,115,408 $1,115,408 $1,115,408 3398 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,115,408 $275,085 $275,085 $275,085 $44,715,312 $1,115,408 $275,085 $275,085 $275,085 $44,076,174 $1,115,408 $275,085 $275,085 $275,085 $44,306,263 $1,115,408 $275,085 $275,085 $275,085 $46,420,533 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 $237,141,537 $237,141,537 $237,141,537 $237,141,537 State General Funds $237,141,537 $237,141,537 $237,141,537 $237,141,537 TOTAL FEDERAL FUNDS $19,424,756 $19,424,756 $19,424,756 $19,424,756 Community Mental Health Services Block Grant CFDA93.958 $6,620,728 $6,620,728 $6,620,728 $6,620,728 Federal Funds Not Itemized $11,491,538 $11,491,538 $11,491,538 $11,491,538 Medical Assistance Program CFDA93.778 $93,025 $93,025 $93,025 $93,025 Temporary Assistance for Needy Families $1,219,465 $1,219,465 $1,219,465 $1,219,465 Temporary Assistance for Needy Families Grant CFDA93.558 $1,219,465 $1,219,465 $1,219,465 $1,219,465 TOTAL AGENCY FUNDS $5,909,257 $5,909,257 $5,909,257 $5,909,257 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 $5,383,257 $5,383,257 $5,383,257 $5,383,257 Sales and Services Not Itemized $5,383,257 $5,383,257 $5,383,257 $5,383,257 TOTAL PUBLIC FUNDS $262,475,550 $262,475,550 $262,475,550 $262,475,550 177.1 Defer the FY09 cost of living adjustment. State General Funds ($1,982,680) ($1,982,680) ($1,982,680) ($1,982,680) 177.2 Defer structure adjustments to the statewide salary plan. State General Funds ($107,233) ($107,233) ($107,233) ($107,233) 177.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) WEDNESDAY, APRIL 1, 2009 3399 State General Funds ($5,181,327) ($7,123,352) ($6,424,224) $0 177.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $20,845 $20,845 $20,845 $20,845 177.5 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities, and Addictive Disease (MHDDAD) providers. State General Funds ($201,000) ($201,000) ($201,000) ($201,000) 177.6 Eliminate funds for Employee Mentoring, an internship program for people with mental illness working with MHDDAD. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 177.7 Reduce funds by not initiating the Central Navigation Website. State General Funds ($240,000) ($240,000) ($240,000) ($240,000) 177.8 Reduce funds for training for mental illness, developmental disabilities, and addictive diseases. State General Funds ($174,030) ($174,030) ($174,030) ($174,030) 177.9 Eliminate funds for the Family-to-Family Program in metropolitan Atlanta. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 177.10 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($91,676) ($91,676) $0 $0 177.11 Reduce funds from the United Way Regional Commission for mental health services. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 177.12 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program. State General Funds ($762,624) ($762,624) ($762,624) ($762,624) 177.13 Reduce funds from supported employment for non-medically necessary services and sustain the program through available federal funds. State General Funds ($2,973,337) ($2,973,337) ($2,973,337) ($2,973,337) 177.14 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds ($510,154) ($510,154) ($510,154) ($510,154) Medical Assistance Program CFDA93.778 $510,154 $510,154 TOTAL PUBLIC FUNDS $0 $0 177.15 Reduce funds designated to purchase vehicles. State General Funds ($157,500) ($157,500) ($157,500) ($157,500) 177.16 Reduce funds. (H:Partially restore funds) Temporary Assistance for Needy Families Grant CFDA93.558 ($1,219,465) ($1,219,465) ($206,965) ($1,219,465) 3400 JOURNAL OF THE SENATE 177.17 Reduce funds from new provider training and quality compliance audits. State General Funds ($107,500) ($107,500) ($107,500) ($107,500) 177.18 Reduce funds from various contracts. State General Funds ($1,673,065) ($1,673,065) ($1,673,065) ($1,673,065) 177.19 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,270,993) ($1,714,121) ($1,714,121) 177.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($13,539,260) ($13,539,260) ($13,539,260) Medical Assistance Program CFDA93.778 $13,539,260 $13,539,260 $13,539,260 TOTAL PUBLIC FUNDS $0 $0 $0 177.21 Transfer funds from the Injury Prevention program for suicide prevention activities. State General Funds $200,000 177.98 SAC: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors. State General Funds $0 177.100-Adult Mental Health Services Appropriation (HB 119) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors. TOTAL STATE FUNDS $222,695,256 $203,942,978 $206,290,654 $212,914,878 State General Funds $222,695,256 $203,942,978 $206,290,654 $212,914,878 TOTAL FEDERAL FUNDS $18,205,291 $31,744,551 $33,267,205 $32,254,705 Community Mental Health Services Block Grant CFDA93.958 $6,620,728 $6,620,728 $6,620,728 $6,620,728 Federal Funds Not Itemized $11,491,538 $11,491,538 $11,491,538 $11,491,538 Medical Assistance Program CFDA93.778 $93,025 $13,632,285 $14,142,439 $14,142,439 Temporary Assistance for Needy Families $1,012,500 Temporary Assistance for Needy Families Grant CFDA93.558 $1,012,500 TOTAL AGENCY FUNDS $5,909,257 $5,909,257 $5,909,257 $5,909,257 Contributions, Donations, and Forfeitures $526,000 $526,000 $526,000 $526,000 WEDNESDAY, APRIL 1, 2009 3401 Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $526,000 $5,383,257 $5,383,257 $246,809,804 $526,000 $5,383,257 $5,383,257 $241,596,786 $526,000 $5,383,257 $5,383,257 $245,467,116 $526,000 $5,383,257 $5,383,257 $251,078,840 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 $2,383,183 State General Funds $2,383,183 $2,383,183 $2,383,183 $2,383,183 TOTAL AGENCY FUNDS $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services Not Itemized $9,012,772 $9,012,772 $9,012,772 $9,012,772 TOTAL PUBLIC FUNDS $11,395,955 $11,395,955 $11,395,955 $11,395,955 178.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $680 $680 $680 $680 178.100-Adult Nursing Home Services Appropriation (HB 119) The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,383,863 $2,383,863 $2,383,863 $2,383,863 State General Funds $2,383,863 $2,383,863 $2,383,863 $2,383,863 TOTAL AGENCY FUNDS $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services Not Itemized $9,012,772 $9,012,772 $9,012,772 $9,012,772 TOTAL PUBLIC FUNDS $11,396,635 $11,396,635 $11,396,635 $11,396,635 After School Care Continuation Budget The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 3402 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS 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 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 179.100-After School Care Appropriation (HB 119) 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 $28,000,000 $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 $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 $28,000,000 TOTAL PUBLIC FUNDS $42,000,000 $42,000,000 $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 $9,420,763 $9,420,763 $9,420,763 $9,420,763 State General Funds $9,420,763 $9,420,763 $9,420,763 $9,420,763 TOTAL FEDERAL FUNDS $9,733,254 $9,733,254 $9,733,254 $9,733,254 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $9,733,254 $9,733,254 $9,733,254 $9,733,254 TOTAL PUBLIC FUNDS $19,154,017 $19,154,017 $19,154,017 $19,154,017 180.1 Defer the FY09 cost of living adjustment. State General Funds ($161,308) ($161,308) ($161,308) ($161,308) 180.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3403 (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($421,546) ($579,546) ($522,666) $0 180.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,078 $1,078 $1,078 $1,078 180.4 Reduce funds from various contracts. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 180.5 Reduce funds from training and quality compliance audits. State General Funds ($22,500) ($22,500) ($22,500) ($22,500) 180.6 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 180.7 Eliminate funds for parolee outpatient services. State General Funds ($1,180,145) ($1,180,145) ($1,180,145) ($1,180,145) 180.8 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds ($921) ($921) ($921) ($921) Medical Assistance Program CFDA93.778 $921 $921 TOTAL PUBLIC FUNDS $0 $0 180.9 Reduce funds by suspending the planned expansion of clubhouse programs. State General Funds ($3,273,822) ($3,273,822) ($3,273,822) ($3,273,822) 180.10 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($40,745) ($40,745) ($40,745) ($40,745) 180.11 Reduce funds from child and adolescent substance abuse core services. State General Funds ($551,986) ($551,986) ($551,986) ($551,986) 180.100-Child and Adolescent Addictive Diseases Services Appropriation (HB 119) 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 $2,668,868 $2,510,868 $2,567,748 $3,090,414 State General Funds $2,668,868 $2,510,868 $2,567,748 $3,090,414 TOTAL FEDERAL FUNDS $9,733,254 $9,733,254 $9,734,175 $9,734,175 Medical Assistance Program CFDA93.778 $921 $921 3404 JOURNAL OF THE SENATE Prevention & Treatment of Substance Abuse Grant CFDA93.959 $9,733,254 TOTAL PUBLIC FUNDS $12,402,122 $9,733,254 $12,244,122 $9,733,254 $12,301,923 $9,733,254 $12,824,589 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 $20,819,083 $20,819,083 $20,819,083 $20,819,083 State General Funds $20,819,083 $20,819,083 $20,819,083 $20,819,083 TOTAL FEDERAL FUNDS $6,000,595 $6,000,595 $6,000,595 $6,000,595 Federal Funds Not Itemized $157,113 $157,113 $157,113 $157,113 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 $5,843,482 $5,843,482 TOTAL AGENCY FUNDS $3,722,681 $3,722,681 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures $3,722,681 $3,722,681 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures Not Itemized $3,722,681 $3,722,681 $3,722,681 $3,722,681 TOTAL PUBLIC FUNDS $30,542,359 $30,542,359 $30,542,359 $30,542,359 181.1 Defer the FY09 cost of living adjustment. State General Funds ($139,370) ($139,370) ($139,370) ($139,370) 181.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($364,215) ($500,727) ($451,583) $0 181.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $7,023 $7,023 $7,023 $7,023 181.4 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership. State General Funds ($109,167) ($109,167) ($109,167) ($109,167) 181.5 Replace funds with new provider fees raised by the Department of Community Health to annualize the provider rate increase for waiver services. (Gov Rev and S:Reduce by $293,663 and do not annualize the provider rate increase for waiver services due to the revised revenue estimate change) WEDNESDAY, APRIL 1, 2009 3405 State General Funds ($146,832) ($146,832) ($146,832) ($146,832) Provider Fee Transfers from Dept of Community Health $293,664 $0 $293,664 $0 TOTAL PUBLIC FUNDS $146,832 ($146,832) $146,832 ($146,832) 181.6 Reduce and defer funds received in HB990 (FY09G) for the Marcus Institute. State General Funds ($500,000) ($500,000) $0 ($250,000) Medical Assistance Program CFDA93.778 ($500,000) ($500,000) $0 $0 TOTAL PUBLIC FUNDS ($1,000,000) ($1,000,000) $0 ($250,000) 181.7 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds ($132,477) ($132,477) ($132,477) ($132,477) Medical Assistance Program CFDA93.778 $132,477 $132,477 TOTAL PUBLIC FUNDS $0 $0 181.8 Reduce and defer funds received HB990 (FY09G) for the Matthew Reardon Center. State General Funds ($200,000) ($200,000) $0 ($100,000) 181.9 Reduce funds received in HB990 (FY09G) for 135 slots for consumers on the Mental Retardation Waiver Program (MRWP) waiting list. (S:Restore funds for slots and reflect increased FMAP rate) State General Funds ($572,638) ($572,638) ($572,638) ($161,254) Medical Assistance Program CFDA93.778 ($1,061,136) ($1,061,136) ($1,061,136) $161,254 TOTAL PUBLIC FUNDS ($1,633,774) ($1,633,774) ($1,633,774) $0 181.10 Increase funds to annualize the cost of 365 Mental Retardation Waiver Program slots for the Money Follows the Person program. State General Funds $514,079 $514,079 $514,079 $514,079 181.11 Increase funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program. State General Funds $405,844 $405,844 $405,844 $405,844 181.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($222,502) ($2,071,860) ($2,071,860) 181.13 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($11,120,791) ($11,120,791) ($11,120,791) Medical Assistance Program CFDA93.778 $11,120,791 $11,120,791 $11,120,791 TOTAL PUBLIC FUNDS $0 $0 $0 181.100-Child and Adolescent Developmental Disabilities Appropriation (HB 119) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for 3406 JOURNAL OF THE SENATE children and adolescents with developmental disabilities. 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 Intergovernmental Transfers Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS $19,581,330 $19,581,330 $4,439,459 $157,113 $4,282,346 $4,016,345 $3,722,681 $3,722,681 $293,664 $293,664 $28,037,134 $8,101,525 $8,101,525 $15,560,250 $157,113 $15,403,137 $3,722,681 $3,722,681 $3,722,681 $27,384,456 $7,001,311 $7,001,311 $16,192,727 $157,113 $16,035,614 $4,016,345 $3,722,681 $3,722,681 $293,664 $293,664 $27,210,383 $7,514,278 $7,514,278 $17,415,117 $157,113 $17,258,004 $3,722,681 $3,722,681 $3,722,681 $28,652,076 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 $3,103,859 $3,103,859 $3,103,859 $3,103,859 State General Funds $3,103,859 $3,103,859 $3,103,859 $3,103,859 TOTAL PUBLIC FUNDS $3,103,859 $3,103,859 $3,103,859 $3,103,859 182.1 Defer the FY09 cost of living adjustment. State General Funds ($22,687) ($22,687) ($22,687) ($22,687) 182.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($59,286) ($81,507) ($73,507) $0 182.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,158 $1,158 $1,158 $1,158 WEDNESDAY, APRIL 1, 2009 3407 182.100-Child and Adolescent Forensic Services Appropriation (HB 119) 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 $3,023,044 $3,000,823 $3,008,823 $3,082,330 State General Funds $3,023,044 $3,000,823 $3,008,823 $3,082,330 TOTAL PUBLIC FUNDS $3,023,044 $3,000,823 $3,008,823 $3,082,330 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 $90,721,809 $90,721,809 $90,721,809 $90,721,809 State General Funds $90,721,809 $90,721,809 $90,721,809 $90,721,809 TOTAL FEDERAL FUNDS $8,677,415 $8,677,415 $8,677,415 $8,677,415 Community Mental Health Services Block Grant CFDA93.958 $6,509,895 $6,509,895 $6,509,895 $6,509,895 Federal Funds Not Itemized $162,485 $162,485 $162,485 $162,485 Medical Assistance Program CFDA93.778 $2,005,035 $2,005,035 $2,005,035 $2,005,035 TOTAL AGENCY FUNDS $51,196,318 $51,196,318 $51,196,318 $51,196,318 Sales and Services $51,196,318 $51,196,318 $51,196,318 $51,196,318 Sales and Services Not Itemized $51,196,318 $51,196,318 $51,196,318 $51,196,318 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $192,354 $192,354 $192,354 $192,354 State Funds Transfers $82,003 $82,003 $82,003 $82,003 Agency to Agency Contracts $82,003 $82,003 $82,003 $82,003 Federal Funds Transfers $110,351 $110,351 $110,351 $110,351 FF Grant to Local Educational Agencies CFDA84.010 $110,351 $110,351 $110,351 $110,351 TOTAL PUBLIC FUNDS $150,787,896 $150,787,896 $150,787,896 $150,787,896 183.1 Defer the FY09 cost of living adjustment. State General Funds ($453,614) ($453,614) ($453,614) ($453,614) 183.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) 3408 JOURNAL OF THE SENATE State General Funds ($1,185,426) ($1,629,738) ($1,469,786) $0 183.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $8,498 $8,498 $8,498 $8,498 183.4 Reduce funds and utilize agency funds for the transition of consumers from four state-operated community homes to the community. State General Funds ($1,734,000) ($1,734,000) ($1,734,000) ($1,734,000) 183.5 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities and Addictive Diseases (MHDDAD) providers. State General Funds ($84,000) ($84,000) ($84,000) ($84,000) Medical Assistance Program CFDA93.778 ($89,000) ($89,000) ($84,000) ($84,000) TOTAL PUBLIC FUNDS ($173,000) ($173,000) ($168,000) ($168,000) 183.6 Reduce funds by eliminating trauma training for clinicians and provider training on standards of practice and quality service delivery. State General Funds ($44,315) ($44,315) ($44,315) ($44,315) 183.7 Reduce funds by cancelling the planned expansion of summer recreational programs for youth with serious emotional disturbances. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 183.8 Reduce funds from the United Way Regional Commission for mental health services. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 183.9 Reduce funds and eliminate the contract with a short-term residential community service provider in Rome that has not opened due to the inability to secure a psychiatrist. State General Funds ($723,873) ($723,873) ($723,873) ($723,873) 183.10 Defer funds for projected Medicaid rate increases. State General Funds ($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000) 183.11 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community. State General Funds ($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000) 183.12 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds ($168,379) ($168,379) ($168,379) ($168,379) Medical Assistance Program CFDA93.778 $168,379 $168,379 TOTAL PUBLIC FUNDS $0 $0 183.13 Reduce funds from various contracts. WEDNESDAY, APRIL 1, 2009 3409 State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 183.14 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($61,117) ($61,117) ($61,117) ($61,117) 183.15 Reduce funds and utilize agency funds for the transition of child and adolescent residential services. State General Funds ($2,411,355) ($2,411,355) ($2,411,355) ($2,411,355) 183.16 Reduce funds designated for purchase vehicles. State General Funds ($29,250) ($29,250) ($29,250) ($29,250) 183.17 Reduce funds and utilize agency funds for the transition of child and adolescent services in the Outdoor Therapeutic Program. State General Funds ($4,004,336) ($4,004,336) ($4,004,336) ($4,004,336) 183.18 Reduce funds from new provider training and quality compliance audits. State General Funds ($597,000) ($597,000) ($597,000) ($597,000) Medical Assistance Program CFDA93.778 ($42,000) ($42,000) ($47,000) ($47,000) TOTAL PUBLIC FUNDS ($639,000) ($639,000) ($644,000) ($644,000) 183.19 Reduce funds to reflect the revised revenue estimate. State General Funds ($751,317) ($751,317) $0 183.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($8,776,359) ($8,776,359) ($8,776,359) Medical Assistance Program CFDA93.778 $8,776,359 $8,776,359 $8,776,359 TOTAL PUBLIC FUNDS $0 $0 $0 183.21 Transfer funds from the Injury Prevention program for suicide prevention activities. State General Funds $200,000 183.100-Child and Adolescent Mental Health Services Appropriation (HB 119) 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 $72,108,642 $62,136,654 $62,296,606 $64,717,709 State General Funds $72,108,642 $62,136,654 $62,296,606 $64,717,709 TOTAL FEDERAL FUNDS $8,546,415 $17,322,774 $17,491,153 $17,491,153 Community Mental Health Services Block Grant CFDA93.958 $6,509,895 $6,509,895 $6,509,895 $6,509,895 Federal Funds Not Itemized $162,485 $162,485 $162,485 $162,485 Medical Assistance Program CFDA93.778 $1,874,035 $10,650,394 $10,818,773 $10,818,773 TOTAL AGENCY FUNDS $51,196,318 $51,196,318 $51,196,318 $51,196,318 3410 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $132,043,729 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $130,848,100 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $131,176,431 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $133,597,534 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 $58,577,959 $58,577,959 $58,577,959 $58,577,959 State General Funds $58,577,959 $58,577,959 $58,577,959 $58,577,959 TOTAL FEDERAL FUNDS $165,598,552 $165,598,552 $165,598,552 $165,598,552 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 $64,619,903 $64,619,903 $64,619,903 $64,619,903 Federal Funds Not Itemized $10,280,143 $10,280,143 $10,280,143 $10,280,143 Social Services Block Grant CFDA93.667 $90 $90 $90 $90 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 $226,676,511 $226,676,511 $226,676,511 $226,676,511 184.1 Defer the FY09 cost of living adjustment. State General Funds ($75,325) ($75,325) ($75,325) ($75,325) 184.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($196,847) ($270,627) ($244,066) $0 184.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing WEDNESDAY, APRIL 1, 2009 3411 project. State General Funds $504 $504 $504 $504 184.4 Replace funds. State General Funds ($4,241,107) ($4,241,107) ($4,241,107) ($4,241,107) Federal Funds Not Itemized ($7,874,332) ($7,874,332) ($7,874,332) ($7,874,332) Temporary Assistance for Needy Families Grant CFDA93.558 $12,115,439 $12,115,439 $12,115,439 $12,115,439 TOTAL PUBLIC FUNDS $0 $0 $0 $0 184.5 Recognize funds from the American Recovery and Reinvestment Act of 2009 for time limited child care and families on the statewide waiting list. Child Care & Development Block Grant CFDA93.575 $27,000,000 $36,000,000 184.6 Transfer funds for Family and Children's Services programs and restore to Mental Health, Developmental Disabilities, Addictive Diseases and Public Health programs. (S:Transfer to the Out of Home Care program) Temporary Assistance for Needy Families Grant CFDA93.558 ($3,500,000) ($12,115,439) 184.100-Child Care Services Appropriation (HB 119) 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 $54,065,184 $53,991,404 $54,017,965 $54,262,031 State General Funds $54,065,184 $53,991,404 $54,017,965 $54,262,031 TOTAL FEDERAL FUNDS $169,839,659 $169,839,659 $193,339,659 $193,724,220 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 $64,619,903 $64,619,903 $91,619,903 $100,619,903 Federal Funds Not Itemized $2,405,811 $2,405,811 $2,405,811 $2,405,811 Social Services Block Grant CFDA93.667 $90 $90 $90 $90 Temporary Assistance for Needy Families $12,115,439 $12,115,439 $8,615,439 Temporary Assistance for Needy Families Grant CFDA93.558 $12,115,439 $12,115,439 $8,615,439 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 $226,404,843 $226,331,063 $249,857,624 $250,486,251 Child Support Services Continuation Budget The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. 3412 JOURNAL OF THE SENATE TOTAL STATE FUNDS $24,963,922 $24,963,922 $24,963,922 $24,963,922 State General Funds $24,963,922 $24,963,922 $24,963,922 $24,963,922 TOTAL FEDERAL FUNDS $66,004,773 $66,004,773 $66,004,773 $66,004,773 Federal Funds Not Itemized $65,884,773 $65,884,773 $65,884,773 $65,884,773 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 INTRA-STATE GOVERNMENT TRANSFERS $395,760 $395,760 $395,760 $395,760 State Funds Transfers $395,760 $395,760 $395,760 $395,760 Agency to Agency Contracts $395,760 $395,760 $395,760 $395,760 TOTAL PUBLIC FUNDS $94,205,955 $94,205,955 $94,205,955 $94,205,955 185.1 Defer the FY09 cost of living adjustment. State General Funds ($228,796) ($228,796) ($228,796) ($228,796) 185.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($597,914) ($822,019) ($741,341) $0 185.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,359,214 $1,359,214 $1,359,214 $1,359,214 185.4 Reduce funds to realize savings and efficiencies achieved with the transition of the Call Center from United Way. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) Federal Funds Not Itemized ($582,353) ($582,353) ($582,353) ($582,353) TOTAL PUBLIC FUNDS ($882,353) ($882,353) ($882,353) ($882,353) 185.5 Reduce funds from District Attorney (DA) contracts and eliminate one DA legal services contract. State General Funds ($272,000) ($272,000) ($272,000) ($272,000) Federal Funds Not Itemized ($330,000) ($330,000) ($330,000) ($330,000) TOTAL PUBLIC FUNDS ($602,000) ($602,000) ($602,000) ($602,000) 185.6 Reduce funds by eliminating thirty-four vacant positions. WEDNESDAY, APRIL 1, 2009 3413 State General Funds ($504,235) ($504,235) ($504,235) ($504,235) Federal Funds Not Itemized ($978,809) ($978,809) ($978,809) ($978,809) TOTAL PUBLIC FUNDS ($1,483,044) ($1,483,044) ($1,483,044) ($1,483,044) 185.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($244,202) ($244,202) ($244,202) 185.8 Reduce funds in expectation of increased federal funds through the American Recovery and Reinvestment Act of 2009. State General Funds ($500,000) $0 185.9 Recognize funds from the American Recovery and Reinvestment Act of 2009 for increasing current support paid to families. Federal Funds Not Itemized $14,000,000 $14,000,000 185.100-Child Support Services Appropriation (HB 119) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $24,420,191 $23,951,884 $23,532,562 $24,773,903 State General Funds $24,420,191 $23,951,884 $23,532,562 $24,773,903 TOTAL FEDERAL FUNDS $64,113,611 $64,113,611 $78,113,611 $78,113,611 Federal Funds Not Itemized $63,993,611 $63,993,611 $77,993,611 $77,993,611 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 INTRA-STATE GOVERNMENT TRANSFERS $395,760 $395,760 $395,760 $395,760 State Funds Transfers $395,760 $395,760 $395,760 $395,760 Agency to Agency Contracts $395,760 $395,760 $395,760 $395,760 TOTAL PUBLIC FUNDS $91,771,062 $91,302,755 $104,883,433 $106,124,774 Child Welfare Services Continuation Budget 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 $117,613,541 $117,613,541 $117,613,541 $117,613,541 State General Funds $117,613,541 $117,613,541 $117,613,541 $117,613,541 TOTAL FEDERAL FUNDS $179,607,884 $179,607,884 $179,607,884 $179,607,884 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 3414 JOURNAL OF THE SENATE Federal Funds Not Itemized $23,847,912 $23,847,912 $23,847,912 $23,847,912 Foster Care Title IV-E CFDA93.658 $32,278,994 $32,278,994 $32,278,994 $32,278,994 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 $103,063,725 $103,063,725 $103,063,725 $103,063,725 Temporary Assistance for Needy Families Grant CFDA93.558 $77,263,725 $77,263,725 $77,263,725 $77,263,725 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 $25,800,000 $25,800,000 $25,800,000 TOTAL AGENCY FUNDS $26,438,482 $26,438,482 $26,438,482 $26,438,482 Reserved Fund Balances $12,770,884 $12,770,884 $12,770,884 $12,770,884 Reserved Fund Balances Not Itemized $12,770,884 $12,770,884 $12,770,884 $12,770,884 Sales and Services $13,667,598 $13,667,598 $13,667,598 $13,667,598 Sales and Services Not Itemized $13,667,598 $13,667,598 $13,667,598 $13,667,598 TOTAL PUBLIC FUNDS $323,659,907 $323,659,907 $323,659,907 $323,659,907 186.1 Defer the FY09 cost of living adjustment. State General Funds ($594,912) ($594,912) ($594,912) ($594,912) 186.2 Defer structure adjustments to the statewide salary plan. State General Funds ($43,037) ($43,037) ($43,037) ($43,037) 186.3 Defer salary adjustments for critical jobs. State General Funds ($2,169,459) ($2,169,459) ($2,169,459) ($2,169,459) 186.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,554,681) ($2,137,394) ($1,927,618) $0 186.5 Reduce funds and child protective caseworkers through attrition and maintain a 15:1 caseload ratio. State General Funds ($9,494,520) ($9,494,520) ($12,759,000) ($9,494,520) CCDF Mandatory & Matching Funds CFDA93.596 ($78,118) ($78,118) ($78,118) ($78,118) Federal Funds Not Itemized ($506,813) ($506,813) ($506,813) ($506,813) Foster Care Title IV-E CFDA93.658 ($3,261,906) ($3,261,906) ($3,261,906) ($3,261,906) Medical Assistance Program CFDA93.778 ($1,363,272) ($1,363,272) ($1,363,272) ($1,363,272) Temporary Assistance for Needy Families Grant CFDA93.558 ($8,910,118) ($8,910,118) ($8,910,118) ($8,910,118) WEDNESDAY, APRIL 1, 2009 3415 TOTAL PUBLIC FUNDS ($23,614,747) ($23,614,747) ($26,879,227) ($23,614,747) 186.6 Reduce funds from non-critical contracts by 1%. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) CCDF Mandatory & Matching Funds CFDA93.596 ($1,350) ($1,350) ($1,350) ($1,350) Federal Funds Not Itemized ($8,756) ($8,756) ($8,756) ($8,756) Foster Care Title IV-E CFDA93.658 ($56,352) ($56,352) ($56,352) ($56,352) Medical Assistance Program CFDA93.778 ($23,552) ($23,552) ($23,552) ($23,552) Temporary Assistance for Needy Families Grant CFDA93.558 ($136,456) ($136,456) ($136,456) ($136,456) TOTAL PUBLIC FUNDS ($426,466) ($426,466) ($426,466) ($426,466) 186.7 Reduce and defer funds received in HB990 (FY09G) for a Regional Assessment Center for victims of child prostitution and trafficking. State General Funds ($560,000) ($560,000) ($560,000) ($560,000) CCDF Mandatory & Matching Funds CFDA93.596 ($3,779) ($3,779) ($3,779) ($3,779) Federal Funds Not Itemized ($24,516) ($24,516) ($24,516) ($24,516) Foster Care Title IV-E CFDA93.658 ($157,785) ($157,785) ($157,785) ($157,785) Medical Assistance Program CFDA93.778 ($65,944) ($65,944) ($65,944) ($65,944) Temporary Assistance for Needy Families Grant CFDA93.558 ($382,077) ($382,077) ($382,077) ($382,077) TOTAL PUBLIC FUNDS ($1,194,101) ($1,194,101) ($1,194,101) ($1,194,101) 186.8 Transfer funds to the Adoptions Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month. State General Funds ($1,910,000) ($1,910,000) ($1,910,000) ($1,910,000) Federal Funds Not Itemized ($2,341,417) ($2,341,417) ($2,341,417) ($2,341,417) TOTAL PUBLIC FUNDS ($4,251,417) ($4,251,417) ($4,251,417) ($4,251,417) 186.9 Replace funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds ($847,083) ($847,083) ($847,083) ($847,083) Medical Assistance Program CFDA93.778 $847,083 $847,083 $847,083 $847,083 TOTAL PUBLIC FUNDS $0 $0 $0 $0 186.10 Reduce funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($4,839,159) ($4,839,159) ($4,839,159) ($4,839,159) 186.11 Recognize funds from the American Recovery and Reinvestment Act of 2009 funding for foster care and adoption assistance. Foster Care Title IV-E CFDA93.658 $13,600,000 $0 186.12 Transfer funds for the Regional Assessment Center to the Governor's Office of Children and Families. State General Funds ($140,000) 3416 JOURNAL OF THE SENATE 186.100-Child Welfare Services Appropriation (HB 119) 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 $100,239,849 $99,657,136 $96,602,432 $101,654,530 State General Funds $100,239,849 $99,657,136 $96,602,432 $101,654,530 TOTAL FEDERAL FUNDS $158,293,597 $158,293,597 $171,893,597 $158,293,597 CCDF Mandatory & Matching Funds CFDA93.596 $734,390 $734,390 $734,390 $734,390 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 $4,000 Federal Funds Not Itemized $20,966,410 $20,966,410 $20,966,410 $20,966,410 Foster Care Title IV-E CFDA93.658 $28,802,951 $28,802,951 $42,402,951 $28,802,951 Medical Assistance Program CFDA93.778 $10,725,764 $10,725,764 $10,725,764 $10,725,764 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $88,795,915 $88,795,915 $88,795,915 $88,795,915 Temporary Assistance for Needy Families Grant CFDA93.558 $62,995,915 $62,995,915 $62,995,915 $62,995,915 TANF Transfers to Social Services Block Grant per 42 USC 604$25,800,000 $25,800,000 $25,800,000 $25,800,000 TOTAL AGENCY FUNDS $26,438,482 $26,438,482 $26,438,482 $26,438,482 Reserved Fund Balances $12,770,884 $12,770,884 $12,770,884 $12,770,884 Reserved Fund Balances Not Itemized $12,770,884 $12,770,884 $12,770,884 $12,770,884 Sales and Services $13,667,598 $13,667,598 $13,667,598 $13,667,598 Sales and Services Not Itemized $13,667,598 $13,667,598 $13,667,598 $13,667,598 TOTAL PUBLIC FUNDS $284,971,928 $284,389,215 $294,934,511 $286,386,609 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $94,164,941 $94,164,941 $94,164,941 $94,164,941 State General Funds $94,033,146 $94,033,146 $94,033,146 $94,033,146 Tobacco Settlement Funds $131,795 $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $83,049,102 $83,049,102 $83,049,102 $83,049,102 CCDF Mandatory & Matching Funds CFDA93.596 $3,124,294 $3,124,294 $3,124,294 $3,124,294 Child Care & Development Block Grant CFDA93.575 $1,668,846 $1,668,846 $1,668,846 $1,668,846 Community Services Block Grant CFDA93.569 $220,001 $220,001 $220,001 $220,001 Federal Funds Not Itemized $32,601,134 $32,601,134 $32,601,134 $32,601,134 Foster Care Title IV-E CFDA93.658 $8,122,505 $8,122,505 $8,122,505 $8,122,505 WEDNESDAY, APRIL 1, 2009 3417 Low-Income Home Energy Assistance CFDA93.568 $284,564 $284,564 $284,564 $284,564 Medical Assistance Program CFDA93.778 $11,816,638 $11,816,638 $11,816,638 $11,816,638 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 $31,070 Social Services Block Grant CFDA93.667 $9,952,472 $9,952,472 $9,952,472 $9,952,472 Temporary Assistance for Needy Families $15,227,578 $15,227,578 $15,227,578 $15,227,578 Temporary Assistance for Needy Families Grant CFDA93.558 $15,227,578 $15,227,578 $15,227,578 $15,227,578 TOTAL AGENCY FUNDS $8,099,727 $8,099,727 $8,099,727 $8,099,727 Contributions, Donations, and Forfeitures $18,274 $18,274 $18,274 $18,274 Contributions, Donations, and Forfeitures Not Itemized $18,274 $18,274 $18,274 $18,274 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 $2,729,126 $2,729,126 $2,729,126 $2,729,126 Royalties and Rents Not Itemized $2,729,126 $2,729,126 $2,729,126 $2,729,126 Sales and Services $5,349,412 $5,349,412 $5,349,412 $5,349,412 Sales and Services Not Itemized $5,349,412 $5,349,412 $5,349,412 $5,349,412 TOTAL PUBLIC FUNDS $185,313,770 $185,313,770 $185,313,770 $185,313,770 187.1 Defer the FY09 cost of living adjustment for the Division of Family and Children Services. State General Funds ($484,041) ($484,041) ($484,041) ($484,041) 187.2 Defer the FY09 cost of living adjustment for the Division of Aging. State General Funds ($23,572) ($23,572) ($23,572) ($23,572) 187.3 Defer structure adjustments to the statewide salary plan for the Division of Family and Children Services. State General Funds ($53,782) ($53,782) ($53,782) ($53,782) 187.4 Defer structure adjustments to the statewide salary plan for the Division of Aging. State General Funds ($2,619) ($2,619) ($2,619) ($2,619) 187.5 Reduce funds to reflect the adjustment in the employer share of State Health Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Family and Children Services. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post- Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Family and Children Services) State General Funds ($1,274,211) ($1,751,801) ($1,579,869) $0 187.6 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 3418 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.856% for the Division of Aging. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post- Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Aging) State General Funds ($62,052) ($85,310) ($76,937) $0 187.7 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Family and Children Services. State General Funds $499,706 $499,706 $499,706 $499,706 187.8 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Aging. State General Funds $3,618 $3,618 $3,618 $3,618 187.9 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration. Community Services Block Grant CFDA93.569 ($351) ($351) ($351) ($351) Federal Funds Not Itemized ($1,054,647) ($1,054,647) ($1,054,647) ($1,054,647) Foster Care Title IV-E CFDA93.658 ($315,655) ($315,655) ($315,655) ($315,655) Low-Income Home Energy Assistance CFDA93.568 ($2,108) ($2,108) ($2,108) ($2,108) Social Services Block Grant CFDA93.667 ($19,674) ($19,674) ($19,674) ($19,674) Temporary Assistance for Needy Families Grant CFDA93.558 ($414,724) ($414,724) ($414,724) ($414,724) TOTAL PUBLIC FUNDS ($1,807,159) ($1,807,159) ($1,807,159) ($1,807,159) 187.10 Reduce funds to reflect the indirect cost loss as a result of reductions taken in the Division of Family and Children Services (DFCS). CCDF Mandatory & Matching Funds CFDA93.596 ($143,922) ($143,922) ($143,922) ($143,922) Child Care & Development Block Grant CFDA93.575 ($72,752) ($72,752) ($72,752) ($72,752) Community Services Block Grant CFDA93.569 ($10,972) ($10,972) ($10,972) ($10,972) Federal Funds Not Itemized ($116,343) ($116,343) ($116,343) ($116,343) Foster Care Title IV-E CFDA93.658 ($187,612) ($187,612) ($187,612) ($187,612) Low-Income Home Energy Assistance CFDA93.568 ($3,657) ($3,657) ($3,657) ($3,657) Medical Assistance Program CFDA93.778 ($34,992) ($34,992) ($34,992) ($34,992) Temporary Assistance for Needy Families Grant CFDA93.558 ($700,249) ($700,249) ($700,249) ($700,249) TOTAL PUBLIC FUNDS ($1,270,499) ($1,270,499) ($1,270,499) ($1,270,499) 187.11 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration of the Division of Aging. Federal Funds Not Itemized ($109,259) ($109,259) ($109,259) ($109,259) WEDNESDAY, APRIL 1, 2009 3419 TOTAL PUBLIC FUNDS ($109,259) ($109,259) ($109,259) ($109,259) 187.12 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Information Technology. CCDF Mandatory & Matching Funds CFDA93.596 ($58,672) ($58,672) ($58,672) ($58,672) Federal Funds Not Itemized ($1,463,052) ($1,463,052) ($1,463,052) ($1,463,052) Temporary Assistance for Needy Families Grant CFDA93.558 ($112,605) ($112,605) ($112,605) ($112,605) TOTAL PUBLIC FUNDS ($1,634,329) ($1,634,329) ($1,634,329) ($1,634,329) 187.13 Reduce funds by 6% for the Division of Family and Children Services. State General Funds ($1,904,302) ($1,904,302) ($1,904,302) ($1,904,302) 187.14 Reduce funds by 6% for the Division of Aging. State General Funds ($171,930) ($171,930) ($171,930) ($171,930) 187.15 Reduce funds to reflect the revised revenue estimate for the Division of Family and Children Services. State General Funds ($372,592) ($372,592) ($372,592) 187.16 Reduce funds to reflect the revised revenue estimate for the Division of Aging. State General Funds ($17,259) ($17,259) ($17,259) 187.17 Reduce funds for the Division of Family and Children Services Regional Offices. State General Funds ($500,000) $0 187.18 Reduce funds from the Office of Investigative Services and Inspector General. State General Funds ($80,860) $0 187.19 Reduce merit system assessments from $147 to $137 per position for the Division of Family and Children Services. State General Funds ($45,432) ($45,432) 187.20 Reduce merit system assessments from $147 to $137 per position for the Division of Aging. State General Funds ($2,212) ($2,212) 187.97 Transfer funds and activities related to the administration of Public Health to the newly created Departmental Administration- Public Health program. State General Funds ($20,305,550) ($20,305,550) ($20,305,550) ($20,305,550) Federal Funds Not Itemized ($2,975,647) ($2,975,647) ($2,975,647) ($2,975,647) Preventive Health & Health Services Block Grant CFDA93.991 ($31,070) ($31,070) ($31,070) ($31,070) Temporary Assistance for Needy Families Grant CFDA93.558 ($1,182,023) ($1,182,023) ($1,182,023) ($1,182,023) Sales and Services Not Itemized ($1,134,462) ($1,134,462) ($1,134,462) ($1,134,462) TOTAL PUBLIC FUNDS ($25,628,752) ($25,628,752) ($25,628,752) ($25,628,752) 187.98 Transfer funds and activities related to the administration of Mental Health, Addictive Diseases, and Developmental Disabilities to the newly created Departmental Administration-Behavioral Health program. State General Funds ($31,609,268) ($31,609,268) ($31,609,268) ($31,609,268) 3420 JOURNAL OF THE SENATE Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($30,363) ($2,634,405) ($2,915) ($34,276,951) ($30,363) ($2,634,405) ($2,915) ($34,276,951) ($30,363) ($2,634,405) ($2,915) ($34,276,951) ($30,363) ($2,634,405) ($2,915) ($34,276,951) 187.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $38,776,938 $37,886,239 $37,438,040 $39,675,706 State General Funds $38,645,143 $37,754,444 $37,306,245 $39,543,911 Tobacco Settlement Funds $131,795 $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $71,374,348 $71,374,348 $71,374,348 $71,374,348 CCDF Mandatory & Matching Funds CFDA93.596 $2,921,700 $2,921,700 $2,921,700 $2,921,700 Child Care & Development Block Grant CFDA93.575 $1,596,094 $1,596,094 $1,596,094 $1,596,094 Community Services Block Grant CFDA93.569 $208,678 $208,678 $208,678 $208,678 Federal Funds Not Itemized $26,851,823 $26,851,823 $26,851,823 $26,851,823 Foster Care Title IV-E CFDA93.658 $7,619,238 $7,619,238 $7,619,238 $7,619,238 Low-Income Home Energy Assistance CFDA93.568 $278,799 $278,799 $278,799 $278,799 Medical Assistance Program CFDA93.778 $11,781,646 $11,781,646 $11,781,646 $11,781,646 Social Services Block Grant CFDA93.667 $9,932,798 $9,932,798 $9,932,798 $9,932,798 Temporary Assistance for Needy Families $10,183,572 $10,183,572 $10,183,572 $10,183,572 Temporary Assistance for Needy Families Grant CFDA93.558 $10,183,572 $10,183,572 $10,183,572 $10,183,572 TOTAL AGENCY FUNDS $6,962,350 $6,962,350 $6,962,350 $6,962,350 Contributions, Donations, and Forfeitures $18,274 $18,274 $18,274 $18,274 Contributions, Donations, and Forfeitures Not Itemized $18,274 $18,274 $18,274 $18,274 Royalties and Rents $2,729,126 $2,729,126 $2,729,126 $2,729,126 Royalties and Rents Not Itemized $2,729,126 $2,729,126 $2,729,126 $2,729,126 Sales and Services $4,214,950 $4,214,950 $4,214,950 $4,214,950 Sales and Services Not Itemized $4,214,950 $4,214,950 $4,214,950 $4,214,950 TOTAL PUBLIC FUNDS $117,113,636 $116,222,937 $115,774,738 $118,012,404 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 $122,634,924 $122,634,924 $122,634,924 $122,634,924 WEDNESDAY, APRIL 1, 2009 3421 State General Funds $122,634,924 $122,634,924 $122,634,924 $122,634,924 TOTAL FEDERAL FUNDS $3,205,526 $3,205,526 $3,205,526 $3,205,526 Federal Funds Not Itemized $3,205,526 $3,205,526 $3,205,526 $3,205,526 TOTAL AGENCY FUNDS $41,506,342 $41,506,342 $41,506,342 $41,506,342 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 $41,091,674 $41,091,674 $41,091,674 $41,091,674 Sales and Services Not Itemized $41,091,674 $41,091,674 $41,091,674 $41,091,674 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 $172,502,326 $172,502,326 $172,502,326 $172,502,326 188.1 Defer the FY09 cost of living adjustment. State General Funds ($2,205,756) ($2,205,756) ($2,205,756) ($2,205,756) 188.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($3,044,766) ($4,185,982) ($3,775,145) $0 188.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $245,011 $245,011 $245,011 $245,011 188.4 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds ($103,639) ($103,639) ($103,639) ($103,639) Medical Assistance Program CFDA93.778 $103,639 $103,639 TOTAL PUBLIC FUNDS $0 $0 188.5 Reduce funds designated to purchase vehicles. State General Funds ($135,164) ($135,164) ($135,164) ($135,164) 188.98 SAC: The purpose of this appropriation is to operate seven state-owned and operated hospitals. Funds provided by this 3422 JOURNAL OF THE SENATE appropriation shall not be used to fund the privatization or transfer of services currently provided by a state-owned and operated hospital to a private vendor or vendors. State General Funds $0 188.100-Direct Care and Support Services Appropriation (HB 119) The purpose of this appropriation is to operate seven state-owned and operated hospitals. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state-owned and operated hospital to a private vendor or vendors. TOTAL STATE FUNDS $117,390,610 $116,249,394 $116,660,231 $120,435,376 State General Funds $117,390,610 $116,249,394 $116,660,231 $120,435,376 TOTAL FEDERAL FUNDS $3,205,526 $3,205,526 $3,309,165 $3,309,165 Federal Funds Not Itemized $3,205,526 $3,205,526 $3,205,526 $3,205,526 Medical Assistance Program CFDA93.778 $103,639 $103,639 TOTAL AGENCY FUNDS $41,506,342 $41,506,342 $41,506,342 $41,506,342 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 $41,091,674 $41,091,674 $41,091,674 $41,091,674 Sales and Services Not Itemized $41,091,674 $41,091,674 $41,091,674 $41,091,674 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 $167,258,012 $166,116,796 $166,631,272 $170,406,417 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 $14,577,451 $14,577,451 $14,577,451 $14,577,451 State General Funds $14,577,451 $14,577,451 $14,577,451 $14,577,451 TOTAL FEDERAL FUNDS $3,751,496 $3,751,496 $3,751,496 $3,751,496 Federal Funds Not Itemized $793,894 $793,894 $793,894 $793,894 Medical Assistance Program CFDA93.778 $678,063 $678,063 $678,063 $678,063 WEDNESDAY, APRIL 1, 2009 3423 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $76,015 $76,015 $76,015 $76,015 Sales and Services $76,015 $76,015 $76,015 $76,015 Sales and Services Not Itemized $76,015 $76,015 $76,015 $76,015 TOTAL PUBLIC FUNDS $18,404,962 $18,404,962 $18,404,962 $18,404,962 189.1 Defer the FY09 cost of living adjustment. State General Funds ($91,322) ($91,322) ($91,322) ($91,322) 189.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($238,651) ($328,100) ($295,898) $0 189.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $19,943 $19,943 $19,943 $19,943 189.4 Reduce funds by eliminating the filled guardianship position and utilize existing Adult Protection Services staff to serve clients. State General Funds ($77,880) ($77,880) ($77,880) ($77,880) 189.5 Eliminate funds for the Public Guardianship program. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 189.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($146,829) ($146,829) ($146,829) 189.7 Reduce funds for Targeted Case Management to conform with expiration of billing dates per the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 ($687,000) ($678,063) 189.100-Elder Abuse Investigations and Prevention Appropriation (HB 119) 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 $13,939,541 $13,703,263 $13,735,465 $14,031,363 State General Funds $13,939,541 $13,703,263 $13,735,465 $14,031,363 3424 JOURNAL OF THE SENATE 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 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $17,767,052 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $17,530,774 $3,064,496 $793,894 ($8,937) $2,279,539 $76,015 $76,015 $76,015 $16,875,976 $3,073,433 $793,894 $2,279,539 $76,015 $76,015 $76,015 $17,180,811 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 $78,540,174 $78,540,174 $78,540,174 $78,540,174 State General Funds $74,875,441 $74,875,441 $74,875,441 $74,875,441 Tobacco Settlement Funds $3,664,733 $3,664,733 $3,664,733 $3,664,733 TOTAL FEDERAL FUNDS $41,435,324 $41,435,324 $41,435,324 $41,435,324 Federal Funds Not Itemized $23,908,635 $23,908,635 $23,908,635 $23,908,635 Medical Assistance Program CFDA93.778 $13,765,259 $13,765,259 $13,765,259 $13,765,259 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 $3,761,430 TOTAL AGENCY FUNDS $121,742 $121,742 $121,742 $121,742 Contributions, Donations, and Forfeitures $118,142 $118,142 $118,142 $118,142 Contributions, Donations, and Forfeitures Not Itemized $118,142 $118,142 $118,142 $118,142 Sales and Services $3,600 $3,600 $3,600 $3,600 Sales and Services Not Itemized $3,600 $3,600 $3,600 $3,600 TOTAL PUBLIC FUNDS $120,097,240 $120,097,240 $120,097,240 $120,097,240 190.1 Defer the FY09 cost of living adjustment. State General Funds ($7,031) ($7,031) ($7,031) ($7,031) 190.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) WEDNESDAY, APRIL 1, 2009 3425 State General Funds ($18,372) ($25,259) ($22,780) $0 190.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,696 $5,696 $5,696 $5,696 190.4 Reduce funds from the Senior Connections contract in DeKalb County. State General Funds ($20,000) ($20,000) $0 ($20,000) 190.5 Reduce funds from the Haralson County Senior Center contract for congregate meals. State General Funds ($15,000) ($15,000) $0 ($15,000) 190.6 Eliminate funds for Alzheimer's Congregational Respite training. State General Funds ($96,000) ($96,000) ($96,000) ($96,000) 190.7 Eliminate funds for Naturally Occurring Retirement Communities (NORCs) contract services provided at the Metro-Atlanta and Savannah sites. State General Funds ($295,000) ($295,000) ($275,000) ($225,000) 190.8 Eliminate funds from "Wellness: Take Charge of Your Health" and eliminate associated vacant state office position. State General Funds ($402,169) ($402,169) ($402,169) ($402,169) 190.9 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($7,057) ($7,057) ($7,057) ($7,057) 190.10 Transfer state funds to Elder Support Services Program and replace with tobacco funds. State General Funds ($1,409,144) ($1,409,144) ($1,409,144) ($1,409,144) Tobacco Settlement Funds $1,409,144 $1,409,144 $1,409,144 $1,409,144 TOTAL PUBLIC FUNDS $0 $0 $0 $0 190.11 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds ($981,538) ($981,538) ($981,538) $0 Medical Assistance Program CFDA93.778 $981,538 $0 TOTAL PUBLIC FUNDS $0 $0 190.12 Replace funds received in HB990 (FY09G) for a 3% provider rate increase for the Community Care Services Program (CCSP) with new provider fees raised by the Department of Community Health. (Gov Rev and S:Reduce by $1,350,227 and do not fund a CCSP provider rate increase due to the revised revenue estimate) State General Funds ($1,350,227) ($1,350,227) ($1,350,227) ($1,350,227) Provider Fee Transfers from Dept of Community Health $1,350,227 $0 $1,350,227 $0 TOTAL PUBLIC FUNDS $0 ($1,350,227) $0 ($1,350,227) 190.13 Reduce funds from Alzheimer's Services for a loss of 20,500 hours of day care and mobile day care annually. State General Funds ($415,281) ($415,281) ($190,281) ($190,281) 3426 JOURNAL OF THE SENATE 190.14 Reduce funds by eliminating four positions employed by regional contractors to coordinate wellness and nutrition programs. State General Funds ($560,330) ($560,330) ($560,330) ($560,330) 190.15 Reduce funds from respite contracts for services including day care, homemaker, and personal care. State General Funds ($2,873,282) ($2,873,282) ($2,723,282) $0 190.16 Reduce funds to reflect the revised revenue estimate. State General Funds ($664,307) ($664,307) ($664,307) 190.17 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($11,411,119) ($11,411,119) ($11,411,119) Medical Assistance Program CFDA93.778 $11,411,119 $11,411,119 $11,411,119 TOTAL PUBLIC FUNDS $0 $0 $0 190.100-Elder Community Living Services Appropriation (HB 119) 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 $71,504,583 $59,422,270 $59,854,749 $63,597,349 State General Funds $66,430,706 $54,348,393 $54,780,872 $58,523,472 Tobacco Settlement Funds $5,073,877 $5,073,877 $5,073,877 $5,073,877 TOTAL FEDERAL FUNDS $41,435,324 $52,846,443 $53,827,981 $52,846,443 Federal Funds Not Itemized $23,908,635 $23,908,635 $23,908,635 $23,908,635 Medical Assistance Program CFDA93.778 $13,765,259 $25,176,378 $26,157,916 $25,176,378 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 $3,761,430 TOTAL AGENCY FUNDS $1,471,969 $121,742 $1,471,969 $121,742 Contributions, Donations, and Forfeitures $118,142 $118,142 $118,142 $118,142 Contributions, Donations, and Forfeitures Not Itemized $118,142 $118,142 $118,142 $118,142 Intergovernmental Transfers $1,350,227 $1,350,227 Provider Fee Transfers from Dept of Community Health $1,350,227 $1,350,227 Sales and Services $3,600 $3,600 $3,600 $3,600 Sales and Services Not Itemized $3,600 $3,600 $3,600 $3,600 TOTAL PUBLIC FUNDS $114,411,876 $112,390,455 $115,154,699 $116,565,534 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 WEDNESDAY, APRIL 1, 2009 3427 health, employment, nutrition, and other support and education services. TOTAL STATE FUNDS $4,586,229 $4,586,229 $4,586,229 $4,586,229 State General Funds $2,059,156 $2,059,156 $2,059,156 $2,059,156 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 $10,487,636 $10,487,636 $10,487,636 $10,487,636 191.1 Defer the FY09 cost of living adjustment. State General Funds ($573) ($573) ($573) ($573) 191.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,497) ($2,059) ($1,857) $0 191.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,268 $1,268 $1,268 $1,268 191.4 Eliminate funds for Naturally Occurring Retirement Communities (NORCs) contract services provided at the Metro-Atlanta and Savannah sites. State General Funds ($280,000) ($280,000) ($280,000) ($205,000) 191.5 Reduce and defer funds received in HB990 (FY09G) for the Nutritional Services Incentive Program for Meals on Wheels and congregate meals for at-risk seniors. (H and S:Recognize funds from the American Recovery and Reinvestment Act of 2009 for the Nutritional Services Incentive Program) State General Funds ($1,045,000) ($1,045,000) ($1,045,000) ($1,045,000) Federal Funds Not Itemized $1,045,000 $1,045,000 TOTAL PUBLIC FUNDS $0 $0 191.6 Transfer tobacco funds to the Elder Community Services Program and replace with state funds. State General Funds $1,409,144 $1,409,144 $1,409,144 $1,409,144 Tobacco Settlement Funds ($1,409,144) ($1,409,144) ($1,409,144) ($1,409,144) TOTAL PUBLIC FUNDS $0 $0 $0 $0 191.7 Eliminate funds for the Life Long Planning program and eliminate associated vacant state office position. 3428 JOURNAL OF THE SENATE State General Funds ($1,040,891) ($1,040,891) ($1,040,891) ($1,040,891) 191.8 Eliminate funds for the GeorgiaCares Prescription Assistance Program and eliminate the associated vacant state office position. State General Funds ($358,220) ($358,220) ($358,220) ($358,220) 191.100-Elder Support Services Appropriation (HB 119) 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 $1,861,316 $1,860,754 $1,860,956 $1,937,813 State General Funds $743,387 $742,825 $743,027 $819,884 Tobacco Settlement Funds $1,117,929 $1,117,929 $1,117,929 $1,117,929 TOTAL FEDERAL FUNDS $5,901,407 $5,901,407 $6,946,407 $6,946,407 Federal Funds Not Itemized $5,901,407 $5,901,407 $6,946,407 $6,946,407 TOTAL PUBLIC FUNDS $7,762,723 $7,762,161 $8,807,363 $8,884,220 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 $56,870,673 $56,870,673 $56,870,673 $56,870,673 State General Funds $56,870,673 $56,870,673 $56,870,673 $56,870,673 TOTAL FEDERAL FUNDS $64,692,923 $64,692,923 $64,692,923 $64,692,923 Federal Funds Not Itemized $4,993,663 $4,993,663 $4,993,663 $4,993,663 Foster Care Title IV-E CFDA93.658 $1,982,030 $1,982,030 $1,982,030 $1,982,030 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $56,870,673 $56,870,673 $56,870,673 $56,870,673 Temporary Assistance for Needy Families $500,000 $500,000 $500,000 $500,000 Temporary Assistance for Needy Families Grant CFDA93.558 $500,000 $500,000 $500,000 $500,000 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 $125,750,993 $125,750,993 $125,750,993 $125,750,993 192.1 Defer the FY09 cost of living adjustment. State General Funds ($127,799) ($127,799) ($127,799) ($127,799) WEDNESDAY, APRIL 1, 2009 3429 192.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($333,978) ($465,631) ($419,931) $0 192.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,453,550 $2,453,550 $2,453,550 $2,453,550 192.4 Reduce funds through attrition. State General Funds ($2,574,256) ($2,574,256) ($2,574,256) ($2,574,256) Medical Assistance Program CFDA93.778 ($1,198,011) ($1,198,011) ($1,198,011) ($1,198,011) TOTAL PUBLIC FUNDS ($3,772,267) ($3,772,267) ($3,772,267) ($3,772,267) 192.100-Eligibility Determination Appropriation (HB 119) 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 $56,288,190 State General Funds $56,288,190 TOTAL FEDERAL FUNDS $63,494,912 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 $55,672,662 Temporary Assistance for Needy Families $500,000 Temporary Assistance for Needy Families Grant CFDA93.558 $500,000 TOTAL AGENCY FUNDS $4,187,397 Intergovernmental Transfers $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 TOTAL PUBLIC FUNDS $123,970,499 $56,156,537 $56,156,537 $63,494,912 $4,993,663 $1,982,030 $346,557 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $123,838,846 $56,202,237 $56,202,237 $63,494,912 $4,993,663 $1,982,030 $346,557 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $123,884,546 $56,622,168 $56,622,168 $63,494,912 $4,993,663 $1,982,030 $346,557 $55,672,662 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $124,304,477 3430 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 $6,401,703 $6,401,703 $6,401,703 $6,401,703 State General Funds $6,401,703 $6,401,703 $6,401,703 $6,401,703 TOTAL FEDERAL FUNDS $42,726,666 $42,726,666 $42,726,666 $42,726,666 Federal Funds Not Itemized $41,171,412 $41,171,412 $41,171,412 $41,171,412 Maternal & Child Health Services Block Grant CFDA93.994 $407,750 $407,750 $407,750 $407,750 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 $1,147,504 TOTAL PUBLIC FUNDS $49,128,369 $49,128,369 $49,128,369 $49,128,369 193.1 Defer the FY09 cost of living adjustment. State General Funds ($9,134) ($9,134) ($9,134) ($9,134) 193.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($23,869) ($32,816) ($29,595) $0 193.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $16,196 $16,196 $16,196 $16,196 193.4 Reduce funds by eliminating three vacant positions. State General Funds ($125,854) ($125,854) ($125,854) ($125,854) 193.5 Reduce funds from the antiviral storage contract. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 193.6 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($7,540) ($7,540) ($7,540) ($7,540) 193.7 Reduce funds from Trauma Center contracts. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 193.8 Increase funds for the Georgia Trauma Network Commission (GTNC) with funds raised from additional license reinstatement fees from drivers who violate speed limits, excessively or repeatedly violate traffic laws, and with funds from new provider fees in the Department of Community Health. (Gov Rev:Reduce funds by $37,000,000 due to the revised revenue WEDNESDAY, APRIL 1, 2009 3431 estimate)(H:Reflect Super Speeder revenue ($23,000,000) per HB160 (2009 Session) and increase funds ($10,000,000). Transfer 11% of trauma appropriation to the Department of Community Health to provide EMS with a rate increase to cover uncompensated care)(S:Reduce funds by $37,000,000 due to the revised revenue estimate) State General Funds $23,000,000 $23,000,000 $33,000,000 $23,000,000 Provider Fee Transfers from Dept of Community Health $37,000,000 $0 $0 $0 TOTAL PUBLIC FUNDS $60,000,000 $23,000,000 $33,000,000 $23,000,000 193.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($1,937,188) ($1,937,188) ($1,937,188) ($1,937,188) 193.100-Emergency Preparedness / Trauma System Improvement Appropriation (HB 119) 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 $26,214,314 $26,205,367 $36,208,588 $26,238,183 State General Funds $26,214,314 $26,205,367 $36,208,588 $26,238,183 TOTAL FEDERAL FUNDS $42,726,666 $42,726,666 $42,726,666 $42,726,666 Federal Funds Not Itemized $41,171,412 $41,171,412 $41,171,412 $41,171,412 Maternal & Child Health Services Block Grant CFDA93.994 $407,750 $407,750 $407,750 $407,750 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 $1,147,504 TOTAL AGENCY FUNDS $37,000,000 Intergovernmental Transfers $37,000,000 Provider Fee Transfers from Dept of Community Health $37,000,000 TOTAL PUBLIC FUNDS $105,940,980 $68,932,033 $78,935,254 $68,964,849 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 3432 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,579,548 $28,665,632 $3,579,548 $28,665,632 $3,579,548 $28,665,632 $3,579,548 $28,665,632 194.100-Energy Assistance Appropriation (HB 119) 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 $5,996,602 $5,996,602 $5,996,602 $5,996,602 State General Funds $5,880,965 $5,880,965 $5,880,965 $5,880,965 Tobacco Settlement Funds $115,637 $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $6,419,324 $6,419,324 $6,419,324 $6,419,324 Federal Funds Not Itemized $6,017,054 $6,017,054 $6,017,054 $6,017,054 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 $53,000 $53,000 $53,000 $53,000 Contributions, Donations, and Forfeitures $53,000 $53,000 $53,000 $53,000 Contributions, Donations, and Forfeitures Not Itemized $53,000 $53,000 $53,000 $53,000 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 TOTAL PUBLIC FUNDS $12,521,746 $12,521,746 $12,521,746 $12,521,746 195.1 Defer the FY09 cost of living adjustment. State General Funds ($23,079) ($23,079) ($23,079) ($23,079) 195.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3433 (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($60,314) ($82,921) ($74,783) $0 195.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,778 $1,778 $1,778 $1,778 195.4 Reduce funds by eliminating three vacant positions. State General Funds ($139,954) ($139,954) ($139,954) ($139,954) 195.5 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($1,130) ($1,130) ($1,130) ($1,130) 195.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($1,383,026) ($1,383,026) ($1,383,026) ($1,383,026) 195.100 -Epidemiology Appropriation (HB 119) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $4,390,877 $4,368,270 $4,376,408 $4,451,191 State General Funds $4,275,240 $4,252,633 $4,260,771 $4,335,554 Tobacco Settlement Funds $115,637 $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $6,419,324 $6,419,324 $6,419,324 $6,419,324 Federal Funds Not Itemized $6,017,054 $6,017,054 $6,017,054 $6,017,054 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 $53,000 $53,000 $53,000 $53,000 Contributions, Donations, and Forfeitures $53,000 $53,000 $53,000 $53,000 Contributions, Donations, and Forfeitures Not Itemized $53,000 $53,000 $53,000 $53,000 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 TOTAL PUBLIC FUNDS $10,916,021 $10,893,414 $10,901,552 $10,976,335 3434 JOURNAL OF THE SENATE 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 $8,759,268 $8,759,268 $8,759,268 $8,759,268 State General Funds $8,759,268 $8,759,268 $8,759,268 $8,759,268 TOTAL FEDERAL FUNDS $7,585,002 $7,585,002 $7,585,002 $7,585,002 Federal Funds Not Itemized $4,830,573 $4,830,573 $4,830,573 $4,830,573 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 $312,568 Medical Assistance Program CFDA93.778 $2,441,861 $2,441,861 $2,441,861 $2,441,861 TOTAL AGENCY FUNDS $70,000 $70,000 $70,000 $70,000 Sales and Services $70,000 $70,000 $70,000 $70,000 Sales and Services Not Itemized $70,000 $70,000 $70,000 $70,000 TOTAL PUBLIC FUNDS $16,414,270 $16,414,270 $16,414,270 $16,414,270 196.1 Defer the FY09 cost of living adjustment. State General Funds ($54,807) ($54,807) ($54,807) ($54,807) 196.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($143,226) ($196,909) ($177,583) $0 196.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $10,574 $10,574 $10,574 $10,574 196.4 Reduce funds by eliminating the rules coordinator and mid-level management positions of the centralized complaint intake unit. State General Funds ($148,871) ($148,871) ($148,871) ($148,871) 196.5 Reduce funds from the contract with the State Fire Marshall's Office for federal life safety inspections of residential healthcare facilities by 1%. State General Funds ($3,200) ($3,200) ($3,200) ($3,200) 196.6 Reduce funds by eliminating one vacant personal care home (PCH) surveyor position. State General Funds ($77,771) ($77,771) ($77,771) ($77,771) WEDNESDAY, APRIL 1, 2009 3435 196.7 Reduce funds by eliminating one vacant diagnostic surveyor position. State General Funds ($44,989) ($44,989) ($44,989) ($44,989) 196.8 Reduce funds from Adult Day Care by eliminating two positions. State General Funds ($181,841) ($181,841) ($181,841) $0 196.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($21,238) ($21,238) ($21,238) 196.10 Reduce funds to reflect additional savings through service efficiencies. State General Funds ($250,000) ($250,000) 196.96 Transfer funds and activities for the Office of Regulatory Services to the Department of Community Health (DCH), Health Care Access and Improvement program per SB433 (2008 Session). (S:Transfer funds and activities to the new Planning and Regulatory Services program in the Department of Community Health) State General Funds ($5,991,346) ($5,991,346) ($5,991,346) ($5,991,346) Federal Funds Not Itemized ($1,925,154) ($1,925,154) ($1,925,154) ($1,925,154) Medical Assistance Program CFDA93.778 ($2,064,983) ($2,064,983) ($2,064,983) ($2,064,983) TOTAL PUBLIC FUNDS ($9,981,483) ($9,981,483) ($9,981,483) ($9,981,483) 196.97 Transfer funds for additional administrative overhead for the Office of Regulatory Services to the new Planning and Regulatory Services program in the Department of Community Health. State General Funds ($107,129) Federal Funds Not Itemized ($55,538) TOTAL PUBLIC FUNDS ($162,667) 196.98 Transfer remaining funds and activities related to the inspection and licensure of long term care and health care facilities that were not specifically identified in SB433 (2008 Session) to the new Planning and Regulatory Services program in the Department of Community Health. State General Funds ($838,204) Federal Funds Not Itemized ($1,441,305) TOTAL PUBLIC FUNDS ($2,279,509) 196.99 SAC: The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. House: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. Gov Rev: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. Governor: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. 3436 JOURNAL OF THE SENATE State General Funds $0 $0 $0 $0 196.100-Facility and Provider Regulation Appropriation (HB 119) The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. TOTAL STATE FUNDS $2,123,791 $2,048,870 $1,818,196 $1,232,287 State General Funds $2,123,791 $2,048,870 $1,818,196 $1,232,287 TOTAL FEDERAL FUNDS $3,594,865 $3,594,865 $3,594,865 $2,098,022 Federal Funds Not Itemized $2,905,419 $2,905,419 $2,905,419 $1,408,576 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 $312,568 Medical Assistance Program CFDA93.778 $376,878 $376,878 $376,878 $376,878 TOTAL AGENCY FUNDS $70,000 $70,000 $70,000 $70,000 Sales and Services $70,000 $70,000 $70,000 $70,000 Sales and Services Not Itemized $70,000 $70,000 $70,000 $70,000 TOTAL PUBLIC FUNDS $5,788,656 $5,713,735 $5,483,061 $3,400,309 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 $6,151,950 $6,151,950 $6,151,950 $6,151,950 State General Funds $6,151,950 $6,151,950 $6,151,950 $6,151,950 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $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 $5,565,244 TOTAL PUBLIC FUNDS $14,000,708 $14,000,708 $14,000,708 $14,000,708 197.1 Reduce funds received in HB990 (FY09G) for domestic violence centers. State General Funds ($815,000) ($815,000) ($615,000) ($615,000) 197.2 Reduce funds received in HB990 (FY09G) for rape crisis centers. State General Funds ($635,000) ($635,000) ($535,000) ($535,000) 197.99 SAC: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. House: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. WEDNESDAY, APRIL 1, 2009 3437 Gov Rev: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Governor: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. State General Funds $0 $0 $0 $0 197.100-Family Violence Services Appropriation (HB 119) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. TOTAL STATE FUNDS $4,701,950 $4,701,950 $5,001,950 $5,001,950 State General Funds $4,701,950 $4,701,950 $5,001,950 $5,001,950 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $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 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $12,550,708 $12,850,708 $12,850,708 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 $21,966,009 $21,966,009 $21,966,009 $21,966,009 TANF Unobligated Balance per 42 USC 604 $21,966,009 $21,966,009 $21,966,009 $21,966,009 TOTAL PUBLIC FUNDS $21,966,009 $21,966,009 $21,966,009 $21,966,009 198.1 Reduce funds. TANF Unobligated Balance per 42 USC 604 ($9,818,557) ($9,818,557) ($9,818,557) ($9,818,557) 198.100-Federal Unobligated Balances Appropriation (HB 119) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS $12,147,452 $12,147,452 $12,147,452 $12,147,452 TANF Unobligated Balance per 42 USC 604 $12,147,452 $12,147,452 $12,147,452 $12,147,452 TOTAL PUBLIC FUNDS $12,147,452 $12,147,452 $12,147,452 $12,147,452 3438 JOURNAL OF THE SENATE 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 $39,590,489 $39,590,489 $39,590,489 $39,590,489 State General Funds $39,590,489 $39,590,489 $39,590,489 $39,590,489 TOTAL FEDERAL FUNDS $54,056,086 $54,056,086 $54,056,086 $54,056,086 Federal Funds Not Itemized $54,056,086 $54,056,086 $54,056,086 $54,056,086 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 $93,658,984 $93,658,984 $93,658,984 $93,658,984 199.1 Defer the FY09 cost of living adjustment. State General Funds ($204,350) ($204,350) ($204,350) ($204,350) 199.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($534,029) ($734,190) ($662,132) $0 199.3 Reduce funds through attrition. State General Funds ($2,192,884) ($2,192,884) ($2,192,884) ($2,192,884) Federal Funds Not Itemized ($1,056,296) ($1,056,296) ($1,056,296) ($1,056,296) TOTAL PUBLIC FUNDS ($3,249,180) ($3,249,180) ($3,249,180) ($3,249,180) 199.4 Recognize funds from the American Recovery and Reinvestment Act of 2009 for food stamp caseload growth. Federal Funds Not Itemized $2,000,000 $2,000,000 199.100-Food Stamp Eligibility and Benefits Appropriation (HB 119) 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 $36,659,226 $36,459,065 $36,531,123 $37,193,255 State General Funds $36,659,226 $36,459,065 $36,531,123 $37,193,255 TOTAL FEDERAL FUNDS $52,999,790 $52,999,790 $54,999,790 $54,999,790 WEDNESDAY, APRIL 1, 2009 3439 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $52,999,790 $12,409 $12,409 $12,409 $89,671,425 $52,999,790 $12,409 $12,409 $12,409 $89,471,264 $54,999,790 $12,409 $12,409 $12,409 $91,543,322 $54,999,790 $12,409 $12,409 $12,409 $92,205,454 Immunization Continuation Budget The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $11,962,587 $11,962,587 $11,962,587 $11,962,587 State General Funds $11,962,587 $11,962,587 $11,962,587 $11,962,587 TOTAL FEDERAL FUNDS $15,888,264 $15,888,264 $15,888,264 $15,888,264 Federal Funds Not Itemized $7,100,850 $7,100,850 $7,100,850 $7,100,850 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 $1,320,956 $1,320,956 $1,320,956 $1,320,956 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 $703,712 TOTAL AGENCY FUNDS $469,946 $469,946 $469,946 $469,946 Sales and Services $469,946 $469,946 $469,946 $469,946 Sales and Services Not Itemized $469,946 $469,946 $469,946 $469,946 TOTAL PUBLIC FUNDS $28,320,797 $28,320,797 $28,320,797 $28,320,797 200.1 Defer the FY09 cost of living adjustment. State General Funds ($40,230) ($40,230) ($40,230) ($40,230) 200.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($105,132) ($144,537) ($130,351) $0 200.3 Replace funds for the purchase of Rotavirus vaccines for uninsured infants. State General Funds ($402,131) ($402,131) ($402,131) ($402,131) Maternal & Child Health Services Block Grant CFDA93.994 $402,131 $402,131 $402,131 $402,131 TOTAL PUBLIC FUNDS $0 $0 $0 $0 200.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. 3440 JOURNAL OF THE SENATE State General Funds ($8,767,321) ($8,767,321) ($8,767,321) ($8,767,321) 200.100 -Immunization Appropriation (HB 119) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,647,773 $2,608,368 $2,622,554 $2,752,905 State General Funds $2,647,773 $2,608,368 $2,622,554 $2,752,905 TOTAL FEDERAL FUNDS $16,290,395 $16,290,395 $16,290,395 $16,290,395 Federal Funds Not Itemized $7,100,850 $7,100,850 $7,100,850 $7,100,850 Maternal & Child Health Services Block Grant CFDA93.994 $7,164,877 $7,164,877 $7,164,877 $7,164,877 Medical Assistance Program CFDA93.778 $1,320,956 $1,320,956 $1,320,956 $1,320,956 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 $703,712 TOTAL AGENCY FUNDS $469,946 $469,946 $469,946 $469,946 Sales and Services $469,946 $469,946 $469,946 $469,946 Sales and Services Not Itemized $469,946 $469,946 $469,946 $469,946 TOTAL PUBLIC FUNDS $19,408,114 $19,368,709 $19,382,895 $19,513,246 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 $38,933,461 $38,933,461 $38,933,461 $38,933,461 State General Funds $38,933,461 $38,933,461 $38,933,461 $38,933,461 TOTAL FEDERAL FUNDS $28,353,517 $28,353,517 $28,353,517 $28,353,517 Federal Funds Not Itemized $18,461,228 $18,461,228 $18,461,228 $18,461,228 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 $67,286,978 $67,286,978 $67,286,978 $67,286,978 201.1 Defer the FY09 cost of living adjustment. State General Funds ($136,563) ($136,563) ($136,563) ($136,563) 201.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce WEDNESDAY, APRIL 1, 2009 3441 funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($356,876) ($490,638) ($442,484) $0 201.3 Reduce funds from the Hemophilia of Georgia contract. State General Funds ($382,000) ($382,000) ($132,000) ($132,000) 201.4 Reduce funds received in HB990 (FY09G) for a second sickle cell bus. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 201.5 Reduce funds by eliminating two vacant positions. State General Funds ($92,084) ($92,084) ($92,084) ($92,084) 201.6 Reduce funds from Tertiary Care Center contracts by 10%. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 201.7 Reduce funds and defer the planned expansion of the purchase of car beds. State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 201.8 Reduce funds from Babies Can't Wait by realizing savings achieved with the implementation of the Primary Service Delivery Model. State General Funds ($1,200,000) ($1,200,000) ($1,200,000) ($1,200,000) 201.9 Reduce funds from sickle cell services provided through the Fulton-DeKalb Hospital Authority contract. State General Funds ($88,796) ($88,796) ($88,796) ($88,796) 201.10 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($21,218) ($21,218) ($21,218) ($21,218) 201.11 Reduce funds from the Infant and Maternal Health Advisory Council. State General Funds ($144,430) ($144,430) ($144,430) ($144,430) 201.12 Reduce funds previously used for tertiary care center contracts management. State General Funds ($466,137) ($466,137) ($466,137) ($466,137) 201.13 Reduce funds and transfer five state funded positions to federal funds. State General Funds ($260,349) ($260,349) ($260,349) ($260,349) 201.14 Reduce funds designated for the purchase of supplies and other expenses. State General Funds ($264,000) ($264,000) ($264,000) ($264,000) 201.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($8,281,533) ($8,281,533) ($8,281,533) ($8,281,533) Federal Funds Not Itemized ($19,308) ($19,308) ($19,308) ($19,308) TOTAL PUBLIC FUNDS ($8,300,841) ($8,300,841) ($8,300,841) ($8,300,841) 3442 JOURNAL OF THE SENATE 201.100-Infant and Child Essential Health Treatment Services Appropriation (HB 119) 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 $26,703,475 $26,569,713 $26,867,867 $27,310,351 State General Funds $26,703,475 $26,569,713 $26,867,867 $27,310,351 TOTAL FEDERAL FUNDS $28,334,209 $28,334,209 $28,334,209 $28,334,209 Federal Funds Not Itemized $18,441,920 $18,441,920 $18,441,920 $18,441,920 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 $55,037,684 $54,903,922 $55,202,076 $55,644,560 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 $29,858,162 $29,858,162 $29,858,162 $29,858,162 State General Funds $29,858,162 $29,858,162 $29,858,162 $29,858,162 TOTAL FEDERAL FUNDS $275,131,707 $275,131,707 $275,131,707 $275,131,707 Federal Funds Not Itemized $260,701,797 $260,701,797 $260,701,797 $260,701,797 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 $6,365,577 $6,365,577 $6,365,577 $6,365,577 Preventive Health & Health Services Block Grant CFDA93.991 $156,221 $156,221 $156,221 $156,221 Temporary Assistance for Needy Families $4,094,783 $4,094,783 $4,094,783 $4,094,783 Temporary Assistance for Needy Families Grant CFDA93.558 $4,094,783 $4,094,783 $4,094,783 $4,094,783 TOTAL AGENCY FUNDS $49,137 $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures $49,137 $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures Not Itemized $49,137 $49,137 $49,137 $49,137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $70,688 $70,688 $70,688 $70,688 Federal Funds Transfers $70,688 $70,688 $70,688 $70,688 FF National School Lunch Program CFDA10.555 $70,688 $70,688 $70,688 $70,688 TOTAL PUBLIC FUNDS $305,109,694 $305,109,694 $305,109,694 $305,109,694 202.1 Defer the FY09 cost of living adjustment. State General Funds ($575,679) ($575,679) ($575,679) ($575,679) WEDNESDAY, APRIL 1, 2009 3443 202.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,504,420) ($2,068,296) ($1,865,301) $0 202.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $15,850 $15,850 $15,850 $15,850 202.4 Reduce funds received in HB95 (FY08G) for the YMCA Fit for Life program. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 202.5 Reduce and defer funds received in HB990 (FY09G) for the Safe House Outreach contract. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 202.6 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($4,760) ($4,760) ($4,760) ($4,760) 202.7 Reduce funds and defer the planned expansion of the purchase of car seats. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 202.8 Reduce funds to recognize administrative efficiencies in the newborn screening follow-up contract with Emory University. State General Funds ($134,320) ($134,320) ($134,320) ($134,320) 202.9 Reduce funds to reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs. State General Funds ($1,090,137) ($1,090,137) ($1,090,137) ($1,090,137) 202.10 Reduce funds by eliminating nine vacant positions. State General Funds ($380,875) ($380,875) ($380,875) ($380,875) 202.11 Reduce funds by shifting six positions to federal funds. State General Funds ($405,464) ($405,464) ($405,464) ($405,464) 202.12 Reduce funds by closing the Georgia Public Health (GPH) Laboratory on Saturdays and delaying the purchase of lab supplies. State General Funds ($335,700) ($335,700) ($335,700) ($335,700) 202.13 Reduce funds from the Integrated Family Support program. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,103,103) ($3,103,103) ($3,103,103) ($3,103,103) 202.14 Transfer funds to the Governor's Office of Children and Families for victims of child prostitution and trafficking. 3444 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Grant CFDA93.558 ($991,680) 202.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($14,643,227) ($14,643,227) ($14,643,227) ($14,643,227) Medical Assistance Program CFDA93.778 ($2,389,315) ($2,389,315) ($2,389,315) ($2,389,315) TOTAL PUBLIC FUNDS ($17,032,542) ($17,032,542) ($17,032,542) ($17,032,542) 202.100-Infant and Child Health Promotion Appropriation (HB 119) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $10,459,430 $9,895,554 $10,098,549 $11,963,850 State General Funds $10,459,430 $9,895,554 $10,098,549 $11,963,850 TOTAL FEDERAL FUNDS $269,639,289 $269,639,289 $269,639,289 $268,647,609 Federal Funds Not Itemized $260,701,797 $260,701,797 $260,701,797 $260,701,797 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 $3,976,262 $3,976,262 $3,976,262 $3,976,262 Preventive Health & Health Services Block Grant CFDA93.991 $156,221 $156,221 $156,221 $156,221 Temporary Assistance for Needy Families $991,680 $991,680 $991,680 Temporary Assistance for Needy Families Grant CFDA93.558 $991,680 $991,680 $991,680 TOTAL AGENCY FUNDS $49,137 $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures $49,137 $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures Not Itemized $49,137 $49,137 $49,137 $49,137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $70,688 $70,688 $70,688 $70,688 Federal Funds Transfers $70,688 $70,688 $70,688 $70,688 FF National School Lunch Program CFDA10.555 $70,688 $70,688 $70,688 $70,688 TOTAL PUBLIC FUNDS $280,218,544 $279,654,668 $279,857,663 $280,731,284 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 $41,912,787 $41,912,787 $41,912,787 $41,912,787 State General Funds $41,912,787 $41,912,787 $41,912,787 $41,912,787 TOTAL FEDERAL FUNDS $59,503,141 $59,503,141 $59,503,141 $59,503,141 Federal Funds Not Itemized $58,704,521 $58,704,521 $58,704,521 $58,704,521 Maternal & Child Health Services Block Grant CFDA93.994 $484,489 $484,489 $484,489 $484,489 WEDNESDAY, APRIL 1, 2009 3445 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 $101,565,928 $101,565,928 $101,565,928 $101,565,928 203.1 Defer the FY09 cost of living adjustment. State General Funds ($514,730) ($514,730) ($514,730) ($514,730) 203.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($570,316) ($784,078) ($707,124) $0 203.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,353 $2,353 $2,353 $2,353 203.4 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($26,316) ($26,316) ($26,316) ($26,316) 203.5 Reduce funds by eliminating eight vacant positions. State General Funds ($396,186) ($396,186) ($396,186) ($396,186) 203.6 Reduce funds designated to purchase supplies and other operating expenses. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 203.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($10,492,254) ($10,492,254) ($10,492,254) ($10,492,254) 203.100-Infectious Disease Control Appropriation (HB 119) 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 $29,515,338 $29,301,576 $29,378,530 $30,085,654 State General Funds $29,515,338 $29,301,576 $29,378,530 $30,085,654 TOTAL FEDERAL FUNDS $59,503,141 $59,503,141 $59,503,141 $59,503,141 Federal Funds Not Itemized $58,704,521 $58,704,521 $58,704,521 $58,704,521 3446 JOURNAL OF THE SENATE 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 $484,489 $314,131 $150,000 $150,000 $150,000 $89,168,479 $484,489 $314,131 $150,000 $150,000 $150,000 $88,954,717 $484,489 $314,131 $150,000 $150,000 $150,000 $89,031,671 $484,489 $314,131 $150,000 $150,000 $150,000 $89,738,795 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 $1,257,613 $1,257,613 $1,257,613 $1,257,613 State General Funds $1,107,613 $1,107,613 $1,107,613 $1,107,613 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $1,459,130 $1,459,130 $1,459,130 $1,459,130 Federal Funds Not Itemized $1,317,700 $1,317,700 $1,317,700 $1,317,700 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 PUBLIC FUNDS $2,716,743 $2,716,743 $2,716,743 $2,716,743 204.1 Defer the FY09 cost of living adjustment. State General Funds ($16,770) ($16,770) ($16,770) ($16,770) 204.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($43,826) ($60,253) ($54,339) $0 204.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $788 $788 $788 $788 204.4 Reduce funds by eliminating one vacant position. State General Funds ($41,227) ($41,227) ($41,227) ($41,227) 204.5 Eliminate funds and discontinue suicide preventing planning activities. (S:Transfer funds and activities for suicide prevention WEDNESDAY, APRIL 1, 2009 3447 to the Adult Mental Health and Child and Adolescent Mental Health programs) State General Funds ($250,000) ($250,000) ($200,000) ($250,000) Tobacco Settlement Funds ($150,000) ($150,000) ($150,000) ($150,000) TOTAL PUBLIC FUNDS ($400,000) ($400,000) ($350,000) ($400,000) 204.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 204.100-Injury Prevention Appropriation (HB 119) 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 $256,578 $240,151 $296,065 $300,404 State General Funds $256,578 $240,151 $296,065 $300,404 TOTAL FEDERAL FUNDS $1,459,130 $1,459,130 $1,459,130 $1,459,130 Federal Funds Not Itemized $1,317,700 $1,317,700 $1,317,700 $1,317,700 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 PUBLIC FUNDS $1,715,708 $1,699,281 $1,755,195 $1,759,534 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 $18,927,060 $18,927,060 $18,927,060 $18,927,060 State General Funds $18,927,060 $18,927,060 $18,927,060 $18,927,060 TOTAL FEDERAL FUNDS $1,320,931 $1,320,931 $1,320,931 $1,320,931 Federal Funds Not Itemized $707,327 $707,327 $707,327 $707,327 Maternal & Child Health Services Block Grant CFDA93.994 $200,210 $200,210 $200,210 $200,210 Medical Assistance Program CFDA93.778 $76,622 $76,622 $76,622 $76,622 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 $20,686,253 $20,686,253 $20,686,253 $20,686,253 205.1 Defer the FY09 cost of living adjustment. 3448 JOURNAL OF THE SENATE State General Funds ($21,532) ($21,532) ($21,532) ($21,532) 205.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($56,270) ($77,361) ($69,768) $0 205.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,389 $1,389 $1,389 $1,389 205.4 Reduce funds by eliminating one vacant position. State General Funds ($73,162) ($73,162) ($73,162) ($73,162) 205.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($14,880,955) ($14,880,955) ($14,880,955) ($14,880,955) Medical Assistance Program CFDA93.778 ($12,257) ($12,257) ($12,257) ($12,257) TOTAL PUBLIC FUNDS ($14,893,212) ($14,893,212) ($14,893,212) ($14,893,212) 205.100-Inspections and Environmental Hazard Control Appropriation (HB 119) 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 $3,896,530 $3,875,439 $3,883,032 $3,952,800 State General Funds $3,896,530 $3,875,439 $3,883,032 $3,952,800 TOTAL FEDERAL FUNDS $1,308,674 $1,308,674 $1,308,674 $1,308,674 Federal Funds Not Itemized $707,327 $707,327 $707,327 $707,327 Maternal & Child Health Services Block Grant CFDA93.994 $200,210 $200,210 $200,210 $200,210 Medical Assistance Program CFDA93.778 $64,365 $64,365 $64,365 $64,365 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 $5,643,466 $5,622,375 $5,629,968 $5,699,736 WEDNESDAY, APRIL 1, 2009 3449 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 $115,871,866 $115,871,866 $115,871,866 $115,871,866 State General Funds $115,871,866 $115,871,866 $115,871,866 $115,871,866 TOTAL FEDERAL FUNDS $147,982,830 $147,982,830 $147,982,830 $147,982,830 Federal Funds Not Itemized $12,332,000 $12,332,000 $12,332,000 $12,332,000 Foster Care Title IV-E CFDA93.658 $44,836,738 $44,836,738 $44,836,738 $44,836,738 Temporary Assistance for Needy Families $90,814,092 $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 $90,814,092 TOTAL PUBLIC FUNDS $263,854,696 $263,854,696 $263,854,696 $263,854,696 206.1 Reduce funds through a reduction of the Child Placing Agency (CPA) case management rate for the lowest three levels of care. State General Funds ($2,000,000) ($2,000,000) $0 $0 Foster Care Title IV-E CFDA93.658 ($453,241) ($453,241) $0 $0 TOTAL PUBLIC FUNDS ($2,453,241) ($2,453,241) $0 $0 206.2 Reduce funds by discontinuing the use of the Westcare-DeKalb Assessment Center. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 206.3 Reduce funds to reflect the projected lower utilization of the Room Board and Watchful Oversight (RBWO). State General Funds ($1,210,980) ($1,210,980) ($1,210,980) ($1,210,980) Foster Care Title IV-E CFDA93.658 ($215,829) ($215,829) ($215,829) ($215,829) TOTAL PUBLIC FUNDS ($1,426,809) ($1,426,809) ($1,426,809) ($1,426,809) 206.4 Transfer funds for Grandparents Raising Grandchildren to the Support for Needy Families - Basic Assistance program. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,649,000) ($2,649,000) ($2,649,000) ($2,649,000) 206.5 Replace funds. State General Funds ($16,000,000) ($16,000,000) ($16,000,000) ($32,640,209) Temporary Assistance for Needy Families Grant CFDA93.558 $16,000,000 $16,000,000 $16,000,000 $32,640,209 TOTAL PUBLIC FUNDS $0 $0 $0 $0 206.6 Reduce funds through higher utilization of in-home services. State General Funds ($4,709,839) ($4,709,839) ($4,709,839) ($4,709,839) Foster Care Title IV-E CFDA93.658 ($841,734) ($674,260) ($841,734) ($841,734) TOTAL PUBLIC FUNDS ($5,551,573) ($5,384,099) ($5,551,573) ($5,551,573) 206.7 Reduce funds. 3450 JOURNAL OF THE SENATE Foster Care Title IV-E CFDA93.658 ($2,805,778) ($2,805,778) ($2,805,778) ($2,805,778) 206.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,913,551) ($3,913,551) ($3,913,551) 206.9 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($4,037,474) ($4,037,474) ($4,037,474) Foster Care Title IV-E CFDA93.658 $4,037,474 $4,037,474 $4,037,474 TOTAL PUBLIC FUNDS $0 $0 $0 206.10 Transfer funds to the Adolescent and Adult Health Promotion and Public Health Grants to Counties programs. Temporary Assistance for Needy Families Grant CFDA93.558 ($6,000,000) ($6,000,000) 206.100-Out of Home Care Appropriation (HB 119) 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 $91,826,047 $83,875,022 $85,875,022 $69,234,813 State General Funds $91,826,047 $83,875,022 $85,875,022 $69,234,813 TOTAL FEDERAL FUNDS $157,017,248 $161,222,196 $155,507,963 $172,148,172 Federal Funds Not Itemized $12,332,000 $12,332,000 $12,332,000 $12,332,000 Foster Care Title IV-E CFDA93.658 $40,520,156 $44,725,104 $45,010,871 $45,010,871 Temporary Assistance for Needy Families $104,165,092 $104,165,092 $98,165,092 $114,805,301 Temporary Assistance for Needy Families Grant CFDA93.558 $104,165,092 $104,165,092 $98,165,092 $114,805,301 TOTAL PUBLIC FUNDS $248,843,295 $245,097,218 $241,382,985 $241,382,985 Public Health Formula Grants to Counties Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 207.1 Defer the FY09 cost of living adjustment. State General Funds ($2,132,149) ($2,132,149) ($2,132,149) ($2,132,149) 207.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3451 (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($4,328,230) ($5,950,505) ($3,658,265) $0 207.3 Reduce funds from general grant in aid sent to districts and local county boards of health by 3.5%. State General Funds ($2,485,000) ($2,485,000) $0 $0 207.4 Reduce funds from Family Planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars. (H:Transfer funds from the Support for Needy Families - Basic Assistance and Out of Home Care programs to partially restore funds) Temporary Assistance for Needy Families Grant CFDA93.558 ($3,500,479) ($3,500,479) ($536,713) $0 207.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,571,171) ($1,571,171) ($1,571,171) 207.98 Transfer funds and activities for general grant-in-aid from the Adolescent and Adult Health Promotion, Adult Essential Health Treatment Services, Emergency Preparedness/Trauma System Improvement, Epidemiology, Immunization, Infant and Child Essential Health Treatment Services, Infant and Child Health Promotion, Infectious Disease Control, Injury Prevention, and Inspection and Environmental Hazard Control programs. State General Funds $71,857,328 $71,857,328 $71,857,328 $71,857,328 Medical Assistance Program CFDA93.778 $2,446,511 $2,446,511 $2,446,511 $2,446,511 Temporary Assistance for Needy Families Grant CFDA93.558 $6,105,228 $6,105,228 $6,105,228 $0 TOTAL PUBLIC FUNDS $80,409,067 $80,409,067 $80,409,067 $74,303,839 207.99 SAC: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. House: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. Gov Rev: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. Governor: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. State General Funds $0 $0 $0 $0 207.100-Public Health Formula Grants to Counties Appropriation (HB 119) The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. TOTAL STATE FUNDS $62,911,949 $59,718,503 $64,495,743 $68,154,008 State General Funds $62,911,949 $59,718,503 $64,495,743 $68,154,008 3452 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS $5,051,260 Medical Assistance Program CFDA93.778 $2,446,511 Temporary Assistance for Needy Families $2,604,749 Temporary Assistance for Needy Families Grant CFDA93.558 $2,604,749 TOTAL PUBLIC FUNDS $67,963,209 $5,051,260 $2,446,511 $2,604,749 $2,604,749 $64,769,763 $8,015,026 $2,446,511 $5,568,515 $5,568,515 $72,510,769 $2,446,511 $2,446,511 $70,600,519 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 $0 State General Funds $0 $0 $0 $0 TOTAL FEDERAL FUNDS $4,749,006 $4,749,006 $4,749,006 $4,749,006 Federal Funds Not Itemized $4,749,006 $4,749,006 $4,749,006 $4,749,006 TOTAL PUBLIC FUNDS $4,749,006 $4,749,006 $4,749,006 $4,749,006 208.100-Refugee Assistance Appropriation (HB 119) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $4,749,006 $4,749,006 $4,749,006 $4,749,006 Federal Funds Not Itemized $4,749,006 $4,749,006 $4,749,006 $4,749,006 TOTAL PUBLIC FUNDS $4,749,006 $4,749,006 $4,749,006 $4,749,006 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 $1,238,772 $1,238,772 $1,238,772 $1,238,772 State General Funds $1,238,772 $1,238,772 $1,238,772 $1,238,772 TOTAL FEDERAL FUNDS $22,893,046 $22,893,046 $22,893,046 $22,893,046 Federal Funds Not Itemized $2,914,601 $2,914,601 $2,914,601 $2,914,601 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $19,978,445 $19,978,445 $19,978,445 $19,978,445 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 WEDNESDAY, APRIL 1, 2009 3453 TOTAL PUBLIC FUNDS $24,325,818 $24,325,818 $24,325,818 $24,325,818 209.1 Defer the FY09 cost of living adjustment. State General Funds ($46,541) ($46,541) ($46,541) ($46,541) 209.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($121,627) $0 $0 $0 209.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $694 $694 $694 $694 209.4 Reduce funds designated for the purchase of supplies and other expenses. State General Funds ($233,126) ($233,126) ($233,126) ($233,126) 209.5 Reduce funds by shifting nine positions to federal funds. State General Funds ($838,172) ($838,172) ($838,172) ($838,172) 209.100-Substance Abuse Prevention Appropriation (HB 119) 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 $121,627 $121,627 $121,627 State General Funds $121,627 $121,627 $121,627 TOTAL FEDERAL FUNDS $22,893,046 $22,893,046 $22,893,046 $22,893,046 Federal Funds Not Itemized $2,914,601 $2,914,601 $2,914,601 $2,914,601 Prevention & Treatment of Substance Abuse Grant CFDA93.959$19,978,445 $19,978,445 $19,978,445 $19,978,445 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 $23,087,046 $23,208,673 $23,208,673 $23,208,673 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 3454 JOURNAL OF THE SENATE 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 $58,000,000 $58,000,000 $58,000,000 $58,000,000 TANF Unobligated Balance per 42 USC 604 $58,000,000 $58,000,000 $58,000,000 $58,000,000 TOTAL PUBLIC FUNDS $58,100,000 $58,100,000 $58,100,000 $58,100,000 210.1 Transfer funds from the Out of Home Care program for Grandparents Raising Grandchildren. Temporary Assistance for Needy Families Grant CFDA93.558 $2,649,000 $2,649,000 $2,649,000 $2,649,000 210.2 Replace funds. Temporary Assistance for Needy Families Grant CFDA93.558 $32,798,916 $32,798,916 $32,798,916 $32,798,916 TANF Unobligated Balance per 42 USC 604 ($32,798,916) ($32,798,916) ($32,798,916) ($32,798,916) TOTAL PUBLIC FUNDS $0 $0 $0 $0 210.3 Transfer funds to the Adolescent and Adult Health Promotion and Public Health Grants to Counties programs. Temporary Assistance for Needy Families Grant CFDA93.558 ($4,000,000) $0 210.100-Support for Needy Families - Basic Assistance Appropriation (HB 119) 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 $60,649,000 $60,649,000 $56,649,000 $60,649,000 Temporary Assistance for Needy Families $35,447,916 $35,447,916 $31,447,916 $35,447,916 Temporary Assistance for Needy Families Grant CFDA93.558 $35,447,916 $35,447,916 $31,447,916 $35,447,916 TANF Unobligated Balance per 42 USC 604 $25,201,084 $25,201,084 $25,201,084 $25,201,084 TOTAL PUBLIC FUNDS $60,749,000 $60,749,000 $56,749,000 $60,749,000 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 $6,464,606 $6,464,606 $6,464,606 $6,464,606 State General Funds $6,464,606 $6,464,606 $6,464,606 $6,464,606 TOTAL FEDERAL FUNDS $48,354,536 $48,354,536 $48,354,536 $48,354,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 $17,185,183 WEDNESDAY, APRIL 1, 2009 3455 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 $1,643,225 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 $54,819,142 $54,819,142 $54,819,142 $54,819,142 211.1 Defer the FY09 cost of living adjustment. State General Funds ($509,751) ($509,751) ($509,751) ($509,751) 211.2 Defer salary adjustments for critical jobs. State General Funds ($1,581,570) ($1,581,570) ($1,581,570) ($1,581,570) 211.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,332,130) ($1,831,429) ($1,651,682) $0 211.4 Reduce funds received in HB990 (FY09G) for increased rent at four new Division of Family and Children Services (DFCS) offices. (S:Reflect the appropriation in line 211.101) State General Funds ($657,928) ($657,928) ($657,928) ($657,928) 211.5 Recognize funds from the American Recovery and Reinvestment Act of 2009 to support Georgia's food banks. Federal Funds Not Itemized $1,100,000 $1,100,000 211.6 Increase funds to provide one month of funding for new county owned DFCS offices in Carroll County ($15,000), Liberty County ($20,000), Walton County ($10,000), and Treutlen County ($5,000). State General Funds $50,000 $0 211.100-Support for Needy Families - Family Assistance Appropriation (HB 119) 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 $2,383,227 $1,883,928 $2,113,675 $3,715,357 State General Funds $2,383,227 $1,883,928 $2,113,675 $3,715,357 TOTAL FEDERAL FUNDS $48,354,536 $48,354,536 $49,454,536 $49,454,536 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 $2,743,225 $2,743,225 Temporary Assistance for Needy Families $29,526,128 $29,526,128 $29,526,128 $29,526,128 3456 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 TOTAL PUBLIC FUNDS $50,737,763 $29,526,128 $50,238,464 $29,526,128 $51,568,211 $29,526,128 $53,169,893 211.101 Special Project - Support for Needy Families - Family Assistance: Increase funds to plan for a new county owned DFCS facility in Carroll County, Liberty County, Walton County, and Treutlen County. State General Funds $657,928 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 $7,695,000 $7,695,000 $7,695,000 $7,695,000 State General Funds $7,695,000 $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $25,519,348 $25,519,348 $25,519,348 $25,519,348 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 $2,396,595 Temporary Assistance for Needy Families $23,116,253 $23,116,253 $23,116,253 $23,116,253 Temporary Assistance for Needy Families Grant CFDA93.558 $23,116,253 $23,116,253 $23,116,253 $23,116,253 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $20,000 $20,000 $20,000 $20,000 Federal Funds Transfers $20,000 $20,000 $20,000 $20,000 FF Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $33,234,348 $33,234,348 $33,234,348 $33,234,348 212.1 Eliminate funds for transfers to the Department of Labor, the Department of Community Affairs and the Technical College System of Georgia and use savings to fund activities in the Out of Home Care program. Temporary Assistance for Needy Families Grant CFDA93.558 ($5,291,242) 212.100-Support for Needy Families - Work Assistance Appropriation (HB 119) 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 State General Funds $7,695,000 $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $25,519,348 $25,519,348 $25,519,348 $20,228,106 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 $2,396,595 Temporary Assistance for Needy Families $23,116,253 $23,116,253 $23,116,253 $17,825,011 WEDNESDAY, APRIL 1, 2009 3457 Temporary Assistance for Needy Families Grant CFDA93.558 $23,116,253 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $20,000 Federal Funds Transfers $20,000 FF Medical Assistance Program CFDA93.778 $20,000 TOTAL PUBLIC FUNDS $33,234,348 $23,116,253 $20,000 $20,000 $20,000 $33,234,348 $23,116,253 $20,000 $20,000 $20,000 $33,234,348 $17,825,011 $20,000 $20,000 $20,000 $27,943,106 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 $3,764,443 $3,764,443 $3,764,443 $3,764,443 State General Funds $3,764,443 $3,764,443 $3,764,443 $3,764,443 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 $500,680 TOTAL PUBLIC FUNDS $4,265,123 $4,265,123 $4,265,123 $4,265,123 213.1 Defer the FY09 cost of living adjustment. State General Funds ($78,045) ($78,045) ($78,045) ($78,045) 213.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($203,955) ($280,400) ($252,880) $0 213.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,169 $4,169 $4,169 $4,169 213.100-Vital Records Appropriation (HB 119) 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 $3,486,612 $3,410,167 $3,437,687 $3,690,567 State General Funds $3,486,612 $3,410,167 $3,437,687 $3,690,567 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 $500,680 3458 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $500,680 $3,987,292 $500,680 $3,910,847 $500,680 $3,938,367 $500,680 $4,191,247 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 $1,968,993 $1,968,993 $1,968,993 $1,968,993 State General Funds $0 $0 $0 $0 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 $1,968,993 $1,968,993 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $3,250 $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures $3,250 $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures Not Itemized $3,250 $3,250 $3,250 $3,250 TOTAL PUBLIC FUNDS $2,072,243 $2,072,243 $2,072,243 $2,072,243 214.1 Increase funds to reflect FY08 collections. Brain and Spinal Injury Trust Fund $97,396 $97,396 $97,396 $97,396 214.2 Reduce funds to reflect the discontinuation of a federal grant. Federal Funds Not Itemized ($100,000) ($100,000) ($100,000) ($100,000) 214.100-Brain and Spinal Injury Trust Fund Appropriation (HB 119) 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 $2,066,389 $2,066,389 $2,066,389 $2,066,389 Brain and Spinal Injury Trust Fund $2,066,389 $2,066,389 $2,066,389 $2,066,389 TOTAL AGENCY FUNDS $3,250 $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures $3,250 $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures Not Itemized $3,250 $3,250 $3,250 $3,250 TOTAL PUBLIC FUNDS $2,069,639 $2,069,639 $2,069,639 $2,069,639 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. WEDNESDAY, APRIL 1, 2009 3459 TOTAL STATE FUNDS $252,352 $252,352 $252,352 $252,352 State General Funds $252,352 $252,352 $252,352 $252,352 TOTAL PUBLIC FUNDS $252,352 $252,352 $252,352 $252,352 215.1 Defer the FY09 cost of living adjustment. State General Funds ($2,185) ($2,185) ($2,185) ($2,185) 215.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($5,464) ($6,913) ($5,974) $0 215.3 Reduce and defer funds received in HB990 (FY09G) for the Georgia for a Lifetime study (Project 2020). State General Funds ($50,000) ($50,000) $0 ($50,000) 215.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,947) ($1,947) ($1,947) 215.100-Council on Aging Appropriation (HB 119) 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 $194,703 $191,307 $242,246 $198,220 State General Funds $194,703 $191,307 $242,246 $198,220 TOTAL PUBLIC FUNDS $194,703 $191,307 $242,246 $198,220 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 $70,917 $70,917 $70,917 $70,917 State General Funds $70,917 $70,917 $70,917 $70,917 TOTAL FEDERAL FUNDS $2,195,817 $2,195,817 $2,195,817 $2,195,817 Federal Funds Not Itemized $2,195,817 $2,195,817 $2,195,817 $2,195,817 TOTAL PUBLIC FUNDS $2,266,734 $2,266,734 $2,266,734 $2,266,734 216.1 Defer the FY09 cost of living adjustment. 3460 JOURNAL OF THE SENATE State General Funds ($10,655) ($10,655) ($10,655) ($10,655) 216.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($23,279) ($2,350) ($2,031) $0 216.3 Reduce funds from operations. State General Funds ($3,698) ($3,698) ($3,698) ($3,698) 216.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($333) ($333) ($333) 216.100-Developmental Disabilities, Governor's Council on Appropriation (HB 119) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $33,285 $53,881 $54,200 $56,231 State General Funds $33,285 $53,881 $54,200 $56,231 TOTAL FEDERAL FUNDS $2,195,817 $2,195,817 $2,195,817 $2,195,817 Federal Funds Not Itemized $2,195,817 $2,195,817 $2,195,817 $2,195,817 TOTAL PUBLIC FUNDS $2,229,102 $2,249,698 $2,250,017 $2,252,048 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 $9,600,837 $9,600,837 $9,600,837 $9,600,837 State General Funds $9,600,837 $9,600,837 $9,600,837 $9,600,837 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 $12,069,608 $12,069,608 $12,069,608 $12,069,608 217.1 Defer the FY09 cost of living adjustment. WEDNESDAY, APRIL 1, 2009 3461 State General Funds ($2,959) ($2,959) ($2,959) ($2,959) 217.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($4,903) ($6,034) ($5,214) $0 217.3 Reduce funds from technical assistance and county collaborative contracts. State General Funds ($905,809) ($905,809) ($485,809) ($485,809) Medical Assistance Program CFDA93.778 ($428,809) ($428,809) ($428,809) ($428,809) TOTAL PUBLIC FUNDS ($1,334,618) ($1,334,618) ($914,618) ($914,618) 217.4 Reduce funds from operations. State General Funds ($10,500) ($10,500) ($10,500) ($10,500) 217.5 Reduce funds from personnel. State General Funds ($42,989) ($42,989) ($12,989) ($12,989) 217.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($86,337) ($86,337) ($86,337) 217.100-Family Connection Appropriation (HB 119) 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 $8,633,677 $8,546,209 $8,997,029 $9,002,243 State General Funds $8,633,677 $8,546,209 $8,997,029 $9,002,243 TOTAL FEDERAL FUNDS $2,039,962 $2,039,962 $2,039,962 $2,039,962 Medical Assistance Program CFDA93.778 $839,962 $839,962 $839,962 $839,962 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 $10,673,639 $10,586,171 $11,036,991 $11,042,205 Sexual Offender Review Board Continuation Budget The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. 3462 JOURNAL OF THE SENATE TOTAL STATE FUNDS $955,737 $955,737 $955,737 $955,737 State General Funds $955,737 $955,737 $955,737 $955,737 TOTAL PUBLIC FUNDS $955,737 $955,737 $955,737 $955,737 218.1 Defer the FY09 cost of living adjustment. State General Funds ($1,538) ($1,538) ($1,538) ($1,538) 218.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($4,136) ($12,024) ($10,390) $0 218.3 Reduce funds from operations. State General Funds ($38,980) ($38,980) ($38,980) ($38,980) 218.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,111) ($9,111) ($9,111) 218.100-Sexual Offender Review Board Appropriation (HB 119) 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 $911,083 $894,084 $895,718 $906,108 State General Funds $911,083 $894,084 $895,718 $906,108 TOTAL PUBLIC FUNDS $911,083 $894,084 $895,718 $906,108 Departmental Administration-Public Health Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 501.1 Defer the FY09 cost of living adjustment for the Division of Public Health. State General Funds ($344,319) ($344,319) ($344,319) ($344,319) 501.2 Defer structure adjustments to the statewide salary plan for the Division of Public Health. State General Funds ($38,445) ($38,445) ($38,445) ($38,445) 501.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3463 (OPEB) contributions from 22.165% to 17.856% for the Division of Public Health. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Public Health) State General Funds ($722,963) ($993,938) ($896,388) $0 501.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Public Health. State General Funds $597,841 $597,841 $597,841 $597,841 501.5 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration of the Division of Public Health. Federal Funds Not Itemized ($209,383) ($209,383) ($209,383) ($209,383) TOTAL PUBLIC FUNDS ($209,383) ($209,383) ($209,383) ($209,383) 501.6 Reduce funds by 6% for the Division of Public Health. State General Funds ($1,404,654) ($1,404,654) ($1,404,654) ($1,404,654) 501.7 Reduce funds to reflect the revised revenue estimate for the Division of Public Health. State General Funds ($172,438) ($172,438) ($172,438) 501.8 Reduce funds from the Office of Investigative Services and Inspector General. State General Funds ($36,900) $0 501.9 Reduce merit system assessments from $147 to $137 per position for the Division of Public Health. State General Funds ($25,777) ($25,777) 501.98 Transfer funds and activities related to the administration of Public Health from the Departmental Administration program. State General Funds $20,305,550 $20,305,550 $20,305,550 $20,305,550 Federal Funds Not Itemized $2,975,647 $2,975,647 $2,975,647 $2,975,647 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 $31,070 Temporary Assistance for Needy Families Grant CFDA93.558 $1,182,023 $1,182,023 $1,182,023 $1,182,023 Sales and Services Not Itemized $1,134,462 $1,134,462 $1,134,462 $1,134,462 TOTAL PUBLIC FUNDS $25,628,752 $25,628,752 $25,628,752 $25,628,752 501.99 SAC: The purpose of this appropriation is to provide administrative support for all public health programs in the department. State General Funds $0 501.100-Departmental Administration-Public Health Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all public health programs in the department. TOTAL STATE FUNDS $18,393,010 $17,949,597 $17,984,470 $18,917,758 3464 JOURNAL OF THE SENATE State General Funds $18,393,010 TOTAL FEDERAL FUNDS $3,979,357 Federal Funds Not Itemized $2,766,264 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 Temporary Assistance for Needy Families $1,182,023 Temporary Assistance for Needy Families Grant CFDA93.558 $1,182,023 TOTAL AGENCY FUNDS $1,134,462 Sales and Services $1,134,462 Sales and Services Not Itemized $1,134,462 TOTAL PUBLIC FUNDS $23,506,829 $17,949,597 $3,979,357 $2,766,264 $31,070 $1,182,023 $1,182,023 $1,134,462 $1,134,462 $1,134,462 $23,063,416 $17,984,470 $3,979,357 $2,766,264 $31,070 $1,182,023 $1,182,023 $1,134,462 $1,134,462 $1,134,462 $23,098,289 $18,917,758 $3,979,357 $2,766,264 $31,070 $1,182,023 $1,182,023 $1,134,462 $1,134,462 $1,134,462 $24,031,577 Departmental Administration-Behavioral Health Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 502.1 Defer the FY09 cost of living adjustment for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds ($300,289) ($300,289) ($300,289) ($300,289) 502.2 Defer structure adjustments to the statewide salary plan for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds ($33,528) ($33,528) ($33,528) ($33,528) 502.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post- Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases) State General Funds ($951,214) ($1,307,741) ($1,179,392) $0 502.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds $236,570 $236,570 $236,570 $236,570 502.5 Reduce funds by 6% for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. WEDNESDAY, APRIL 1, 2009 3465 State General Funds ($1,369,146) ($1,369,146) ($1,369,146) ($1,369,146) 502.6 Reduce funds to reflect the revised revenue estimate for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds ($300,009) ($300,009) ($300,009) 502.7 Reduce funds from the Office of Investigative Services and Inspector General. State General Funds ($82,240) $0 502.8 Reduce merit system assessments from $147 to $137 per position for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds ($33,915) ($33,915) 502.9 Increase funds for start-up costs for new information technology systems. State General Funds $1,000,000 502.98 Transfer funds and activities related to the administration of Mental Health, Addictive Diseases, and Developmental Disabilities from the Departmental Administration program. State General Funds $31,609,268 $31,609,268 $31,609,268 $31,609,268 Federal Funds Not Itemized $30,363 $30,363 $30,363 $30,363 Temporary Assistance for Needy Families Grant CFDA93.558 $2,634,405 $2,634,405 $2,634,405 $2,634,405 Rebates, Refunds, and Reimbursements Not Itemized $2,915 $2,915 $2,915 $2,915 TOTAL PUBLIC FUNDS $34,276,951 $34,276,951 $34,276,951 $34,276,951 502.99 SAC: The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. State General Funds $0 502.100-Departmental Administration-Behavioral Health Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. TOTAL STATE FUNDS $29,191,661 $28,535,125 $28,547,319 $30,808,951 State General Funds $29,191,661 $28,535,125 $28,547,319 $30,808,951 TOTAL FEDERAL FUNDS $2,664,768 $2,664,768 $2,664,768 $2,664,768 Federal Funds Not Itemized $30,363 $30,363 $30,363 $30,363 Temporary Assistance for Needy Families $2,634,405 $2,634,405 $2,634,405 $2,634,405 Temporary Assistance for Needy Families Grant CFDA93.558 $2,634,405 $2,634,405 $2,634,405 $2,634,405 TOTAL AGENCY FUNDS $2,915 $2,915 $2,915 $2,915 Rebates, Refunds, and Reimbursements $2,915 $2,915 $2,915 $2,915 3466 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $2,915 $31,859,344 $2,915 $31,202,808 $2,915 $31,215,002 $2,915 $33,476,634 All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standards of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standards of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standards of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standards of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standards of need is $713, and the maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $568. Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment. Section 27: Insurance, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $19,230,125 $19,230,125 $954,555 $954,555 $97,232 $97,232 $20,281,912 $19,230,125 $19,230,125 $954,555 $954,555 $97,232 $97,232 $20,281,912 $19,230,125 $19,230,125 $954,555 $954,555 $97,232 $97,232 $20,281,912 $19,230,125 $19,230,125 $954,555 $954,555 $97,232 $97,232 $20,281,912 WEDNESDAY, APRIL 1, 2009 3467 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $17,150,739 $16,868,629 $17,150,739 $16,868,629 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $18,202,526 $17,920,416 $16,947,850 $16,947,850 $954,555 $954,555 $97,232 $97,232 $17,999,637 $15,610,193 $15,610,193 $954,555 $954,555 $97,232 $97,232 $16,661,980 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 $2,490,268 $2,490,268 $2,490,268 $2,490,268 State General Funds $2,490,268 $2,490,268 $2,490,268 $2,490,268 TOTAL PUBLIC FUNDS $2,490,268 $2,490,268 $2,490,268 $2,490,268 219.1 Defer the FY09 cost of living adjustment. State General Funds ($24,831) ($24,831) ($24,831) ($24,831) 219.2 Defer structure adjustments to the statewide salary plan. State General Funds ($15) ($15) ($15) ($15) 219.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($100,000) ($122,390) ($105,762) $0 219.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($6,536) ($6,536) ($6,536) ($6,536) 219.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($278,825) ($278,825) ($278,825) ($278,825) 219.6 Reduce funds from operations. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 3468 JOURNAL OF THE SENATE 219.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($1,041) ($1,041) ($1,041) ($1,041) 219.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($22,897) ($22,897) ($22,897) 219.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($2,918) ($2,918) 219.100-Departmental Administration Appropriation (HB 119) 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 $2,004,020 $1,958,733 $1,972,443 $2,078,205 State General Funds $2,004,020 $1,958,733 $1,972,443 $2,078,205 TOTAL PUBLIC FUNDS $2,004,020 $1,958,733 $1,972,443 $2,078,205 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 $883,508 $883,508 $883,508 $883,508 State General Funds $883,508 $883,508 $883,508 $883,508 TOTAL PUBLIC FUNDS $883,508 $883,508 $883,508 $883,508 220.1 Defer the FY09 cost of living adjustment. State General Funds ($11,518) ($11,518) ($11,518) ($11,518) 220.2 Defer structure adjustments to the statewide salary plan. State General Funds ($8) ($8) ($8) ($8) 220.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($46,991) ($57,512) ($49,699) $0 220.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. WEDNESDAY, APRIL 1, 2009 3469 State General Funds ($1,653) ($1,653) ($1,653) ($1,653) 220.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($99,200) ($99,200) ($99,200) ($99,200) 220.6 Reduce funds from contracts. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 220.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($3,968) ($3,968) ($3,968) ($3,968) 220.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($8,114) ($8,114) ($8,114) 220.99 SAC: 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. State General Funds $0 220.100 -Enforcement Appropriation (HB 119) 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 $710,170 $691,535 $699,348 $749,047 State General Funds $710,170 $691,535 $699,348 $749,047 TOTAL PUBLIC FUNDS $710,170 $691,535 $699,348 $749,047 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 $5,649,189 $5,649,189 $5,649,189 $5,649,189 State General Funds $5,649,189 $5,649,189 $5,649,189 $5,649,189 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 $6,700,976 $6,700,976 $6,700,976 $6,700,976 221.1 Defer the FY09 cost of living adjustment. State General Funds ($74,298) ($74,298) ($74,298) ($74,298) 3470 JOURNAL OF THE SENATE 221.2 Defer structure adjustments to the statewide salary plan. State General Funds ($50) ($50) ($50) ($50) 221.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($100,000) ($122,390) ($105,762) $0 221.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($22,510) ($22,510) ($22,510) ($22,510) 221.5 Reduce funds from operations. State General Funds ($62,500) ($62,500) ($62,500) ($62,500) 221.6 Reduce funds designated to purchase vehicles. State General Funds ($51,373) ($51,373) ($51,373) ($51,373) 221.7 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($372,801) ($372,801) ($372,801) ($372,801) 221.8 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($7,961) ($7,961) ($7,961) ($7,961) 221.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($68,661) ($68,661) ($68,661) 221.99 SAC: The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials. State General Funds $0 221.100-Fire Safety Appropriation (HB 119) The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials. WEDNESDAY, APRIL 1, 2009 3471 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 $4,957,696 $4,957,696 $954,555 $954,555 $97,232 $97,232 $97,232 $6,009,483 $4,866,645 $4,866,645 $954,555 $954,555 $97,232 $97,232 $97,232 $5,918,432 $4,883,273 $4,883,273 $954,555 $954,555 $97,232 $97,232 $97,232 $5,935,060 $4,989,035 $4,989,035 $954,555 $954,555 $97,232 $97,232 $97,232 $6,040,822 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 $782,187 $782,187 $782,187 $782,187 State General Funds $782,187 $782,187 $782,187 $782,187 TOTAL PUBLIC FUNDS $782,187 $782,187 $782,187 $782,187 222.1 Defer the FY09 cost of living adjustment. State General Funds ($6,754) ($6,754) ($6,754) ($6,754) 222.2 Defer structure adjustments to the statewide salary plan. State General Funds ($5) ($5) ($5) ($5) 222.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($46,992) ($57,514) ($49,700) $0 222.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($555) ($555) ($555) ($555) 222.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($113,823) ($113,823) ($113,823) ($113,823) 222.6 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($854) ($854) ($854) ($854) 3472 JOURNAL OF THE SENATE 222.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,006) ($7,006) ($7,006) 222.99 SAC: 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. State General Funds $0 222.100-Industrial Loan Appropriation (HB 119) 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 $613,204 $595,676 $603,490 $653,190 State General Funds $613,204 $595,676 $603,490 $653,190 TOTAL PUBLIC FUNDS $613,204 $595,676 $603,490 $653,190 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 $6,090,259 $6,090,259 $6,090,259 $6,090,259 State General Funds $6,090,259 $6,090,259 $6,090,259 $6,090,259 TOTAL PUBLIC FUNDS $6,090,259 $6,090,259 $6,090,259 $6,090,259 223.1 Defer the FY09 cost of living adjustment. State General Funds ($61,152) ($61,152) ($61,152) ($61,152) 223.2 Defer structure adjustments to the statewide salary plan. State General Funds ($41) ($41) ($41) ($41) 223.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($100,000) ($122,390) ($105,762) $0 223.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($20,970) ($20,970) ($20,970) ($20,970) WEDNESDAY, APRIL 1, 2009 3473 223.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($184,624) ($184,624) ($184,624) ($184,624) 223.6 Reduce funds from operations. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 223.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($19,433) ($19,433) ($19,433) ($19,433) 223.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($64,829) ($64,829) ($64,829) 223.9 Transfer funds for the Consumer Services Division to the Office of Consumer Affairs. State General Funds ($1,860,104) 223.99 SAC: The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations. State General Funds $0 223.100-Insurance Regulation Appropriation (HB 119) The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations. TOTAL STATE FUNDS $5,674,039 $5,586,820 $5,603,448 $3,849,106 State General Funds $5,674,039 $5,586,820 $5,603,448 $3,849,106 TOTAL PUBLIC FUNDS $5,674,039 $5,586,820 $5,603,448 $3,849,106 Special Fraud Continuation Budget The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,334,714 $3,334,714 $3,334,714 State General Funds $3,334,714 $3,334,714 $3,334,714 TOTAL PUBLIC FUNDS $3,334,714 $3,334,714 $3,334,714 224.1 Defer the FY09 cost of living adjustment. State General Funds ($35,335) ($35,335) ($35,335) 224.2 Defer structure adjustments to the statewide salary plan. $3,334,714 $3,334,714 $3,334,714 ($35,335) 3474 JOURNAL OF THE SENATE State General Funds ($24) ($24) ($24) ($24) 224.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($100,000) ($122,390) ($105,762) $0 224.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($7,745) ($7,745) ($7,745) ($7,745) 224.100-Special Fraud Appropriation (HB 119) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,191,610 $3,169,220 $3,185,848 State General Funds $3,191,610 $3,169,220 $3,185,848 TOTAL PUBLIC FUNDS $3,191,610 $3,169,220 $3,185,848 $3,291,610 $3,291,610 $3,291,610 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $77,283,568 $77,283,568 $77,283,568 $77,283,568 $77,283,568 $77,283,568 $40,844,247 $40,844,247 $40,844,247 $40,844,247 $40,844,247 $40,844,247 $16,919,551 $16,919,551 $16,919,551 $16,019,551 $16,019,551 $16,019,551 $900,000 $900,000 $900,000 $34,279 $34,279 $34,279 $34,279 $34,279 $34,279 $135,081,645 $135,081,645 $135,081,645 $77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $135,081,645 TOTAL STATE FUNDS Section Total - Final $68,657,096 $61,963,166 $62,043,259 $65,052,735 WEDNESDAY, APRIL 1, 2009 3475 State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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 $68,657,096 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $126,455,173 $61,963,166 $46,977,019 $6,132,772 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $125,894,015 $62,043,259 $46,977,019 $6,132,772 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $125,974,108 $65,052,735 $46,977,019 $6,132,772 $40,844,247 $18,907,551 $18,007,551 $900,000 $34,279 $34,279 $130,971,584 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 $9,901,853 $9,901,853 $9,901,853 $9,901,853 State General Funds $9,901,853 $9,901,853 $9,901,853 $9,901,853 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 $100,668 Federal Funds Not Itemized $100,668 $100,668 $100,668 $100,668 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 $10,003,955 $10,003,955 $10,003,955 $10,003,955 225.1 Defer the FY09 cost of living adjustment. State General Funds ($50,301) ($50,301) ($50,301) ($50,301) 225.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($117,090) ($131,927) ($114,004) $0 225.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 3476 JOURNAL OF THE SENATE State General Funds $1,793,871 $1,793,871 $1,793,871 $1,793,871 225.4 Reduce funds by restructuring the security contract at the headquarters complex. State General Funds ($441,615) ($441,615) ($441,615) ($441,615) 225.5 Reduce funds by eliminating three temporary labor positions used for data entry of criminal history information. State General Funds ($80,000) ($80,000) ($80,000) ($80,000) 225.6 Reduce funds by eliminating four vacant positions. State General Funds ($144,226) ($144,226) ($144,226) ($144,226) 225.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($54,067) ($54,067) ($54,067) 225.8 Reduce merit system assessments from $147 to $137 per position. State General Funds ($6,238) ($6,238) 225.100-Bureau Administration Appropriation (HB 119) 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 $10,862,492 $10,793,588 $10,805,273 $10,919,277 State General Funds $10,862,492 $10,793,588 $10,805,273 $10,919,277 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 $100,668 Federal Funds Not Itemized $100,668 $100,668 $100,668 $100,668 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 $10,964,594 $10,895,690 $10,907,375 $11,021,379 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 $14,536,126 $14,536,126 $14,536,126 $14,536,126 State General Funds $14,536,126 $14,536,126 $14,536,126 $14,536,126 TOTAL FEDERAL FUNDS $1,859,298 $1,859,298 $1,859,298 $1,859,298 Federal Funds Not Itemized $1,859,298 $1,859,298 $1,859,298 $1,859,298 TOTAL AGENCY FUNDS $155,610 $155,610 $155,610 $155,610 Sales and Services $155,610 $155,610 $155,610 $155,610 Sales and Services Not Itemized $155,610 $155,610 $155,610 $155,610 WEDNESDAY, APRIL 1, 2009 3477 TOTAL PUBLIC FUNDS $16,551,034 $16,551,034 226.98 Transfer all funds and activities to the new Forensic Scientific Services program. State General Funds ($14,536,126) ($14,536,126) Federal Funds Not Itemized ($1,859,298) ($1,859,298) Sales and Services Not Itemized ($155,610) ($155,610) TOTAL PUBLIC FUNDS ($16,551,034) ($16,551,034) $16,551,034 ($14,536,126) ($1,859,298) ($155,610) ($16,551,034) $16,551,034 ($14,536,126) ($1,859,298) ($155,610) ($16,551,034) 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 $11,040,504 $11,040,504 $11,040,504 $11,040,504 State General Funds $11,040,504 $11,040,504 $11,040,504 $11,040,504 TOTAL FEDERAL FUNDS $4,003,184 $4,003,184 $4,003,184 $4,003,184 Federal Funds Not Itemized $4,003,184 $4,003,184 $4,003,184 $4,003,184 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 $15,046,292 $15,046,292 $15,046,292 $15,046,292 227.1 Defer the FY09 cost of living adjustment. State General Funds ($100,256) ($100,256) ($100,256) ($100,256) 227.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($252,349) ($284,324) ($245,697) $0 227.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $339,178 $339,178 $339,178 $339,178 227.4 Reduce funds by eliminating thirty-five temporary labor positions used for data entry of criminal history information. State General Funds ($641,288) ($641,288) ($641,288) ($641,288) 227.5 Reduce funds by eliminating twelve vacant positions. 3478 JOURNAL OF THE SENATE State General Funds ($448,402) ($448,402) ($448,402) ($448,402) 227.6 Reduce funds by transitioning the crime information center away from state protective order registry responsibilities. State General Funds ($128,242) ($128,242) $0 $0 227.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($48,829) ($48,829) ($48,829) 227.8 Replace funds with fees collected from criminal history background checks. State General Funds ($1,988,000) Sales and Services Not Itemized $1,988,000 TOTAL PUBLIC FUNDS $0 227.99 SAC: The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program. State General Funds $0 227.100-Criminal Justice Information Services Appropriation (HB 119) The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program. TOTAL STATE FUNDS $9,809,145 $9,728,341 $9,895,210 $8,152,907 State General Funds $9,809,145 $9,728,341 $9,895,210 $8,152,907 TOTAL FEDERAL FUNDS $4,003,184 $4,003,184 $4,003,184 $4,003,184 Federal Funds Not Itemized $4,003,184 $4,003,184 $4,003,184 $4,003,184 TOTAL AGENCY FUNDS $2,604 $2,604 $2,604 $1,990,604 Sales and Services $2,604 $2,604 $2,604 $1,990,604 Sales and Services Not Itemized $2,604 $2,604 $2,604 $1,990,604 TOTAL PUBLIC FUNDS $13,814,933 $13,734,129 $13,900,998 $14,146,695 Forensic Scientific Services Continuation Budget TOTAL STATE FUNDS State General Funds 228.1 Defer the FY09 cost of living adjustment. $0 $0 $0 $0 $0 $0 $0 $0 WEDNESDAY, APRIL 1, 2009 3479 State General Funds ($238,330) ($238,330) ($238,330) ($238,330) 228.2 Defer special adjustments to selected job classes. State General Funds ($246,580) ($246,580) ($246,580) ($246,580) 228.3 Defer the special pay raise to address retention issues for the following positions: Crime Lab Scientist 3, Assistant Crime Lab Associate, and Crime Lab Associate. State General Funds ($313,820) ($313,820) ($313,820) ($313,820) 228.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($567,282) ($639,163) ($552,328) $0 228.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $137,103 $137,103 $137,103 $137,103 228.6 Reduce funds by eliminating two hourly staff positions. State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 228.7 Reduce funds by eliminating three temporary labor positions used for data entry of criminal history information. State General Funds ($49,707) ($49,707) ($49,707) ($49,707) 228.8 Reduce funds and limit services at the Southwestern Regional Lab in Moultrie to intake only and close the Medical Examiner Office in Moultrie, the Western Regional Lab in Columbus, and the Northwestern Regional Lab in Summerville. (S:Close Medical Examiner offices, but restore funds to crime labs) State General Funds ($1,088,241) ($1,088,241) ($1,088,241) ($163,073) 228.9 Reduce funds by eliminating two vacant positions. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) 228.10 Eliminate funds for forensic anthropology services and use contracted services when required. State General Funds ($107,290) ($107,290) ($107,290) ($107,290) 228.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($104,407) ($104,407) ($104,407) 228.12 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($3,066,386) ($3,066,386) ($3,066,386) American Recovery and Reinvestment Act of 2009 $3,066,386 $3,066,386 $3,066,386 3480 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $0 $0 $0 228.13 Reduce funds from the Western Regional Lab in Columbus. State General Funds ($66,525) $0 228.14 Reduce funds from the Northwestern Regional Lab in Summerville. State General Funds ($110,891) $0 228.15 Reduce funds from the Southwestern Regional Lab in Moultrie. State General Funds ($125,862) $0 228.98 Transfer all funds and activities from the Centralized Scientific Services and Regional Forensic Services programs. State General Funds $23,554,160 $23,554,160 $23,554,160 $23,554,160 Federal Funds Not Itemized $1,859,298 $1,859,298 $1,859,298 $1,859,298 Sales and Services Not Itemized $157,865 $157,865 $157,865 $157,865 TOTAL PUBLIC FUNDS $25,571,323 $25,571,323 $25,571,323 $25,571,323 228.99 SAC: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN. House: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as AFIS, CODIS and NIBIN. Gov Rev: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as AFIS, CODIS and NIBIN. Governor: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as AFIS, CODIS and NIBIN. State General Funds $0 $0 $0 $0 228.100-Forensic Scientific Services Appropriation (HB 119) The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, WEDNESDAY, APRIL 1, 2009 3481 implied consent, and trace evidence in support of the criminal justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN. TOTAL STATE FUNDS $20,974,013 $17,731,339 $17,514,896 $19,295,670 State General Funds $20,974,013 $17,731,339 $17,514,896 $19,295,670 TOTAL FEDERAL FUNDS $1,859,298 $4,925,684 $4,925,684 $4,925,684 American Recovery and Reinvestment Act of 2009 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $1,859,298 $1,859,298 $1,859,298 $1,859,298 TOTAL AGENCY FUNDS $157,865 $157,865 $157,865 $157,865 Sales and Services $157,865 $157,865 $157,865 $157,865 Sales and Services Not Itemized $157,865 $157,865 $157,865 $157,865 TOTAL PUBLIC FUNDS $22,991,176 $22,814,888 $22,598,445 $24,379,219 Georgia Information Sharing and Analysis Center Continuation Budget 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 $939,414 $939,414 $939,414 $939,414 State General Funds $939,414 $939,414 $939,414 $939,414 TOTAL FEDERAL FUNDS $360,025 $360,025 $360,025 $360,025 Federal Funds Not Itemized $360,025 $360,025 $360,025 $360,025 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 $1,299,918 $1,299,918 $1,299,918 $1,299,918 229.1 Defer the FY09 cost of living adjustment. State General Funds ($9,026) ($9,026) ($9,026) ($9,026) 229.2 Defer the special pay raise received 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) ($35,289) ($35,289) 229.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the 3482 JOURNAL OF THE SENATE cost of the plan) State General Funds ($18,169) ($20,471) ($17,690) $0 229.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $13,385 $13,385 $13,385 $13,385 229.5 Reduce funds from operations. State General Funds ($14,000) ($14,000) ($14,000) ($14,000) 229.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,362) ($4,362) ($4,362) 229.99 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project. State General Funds $0 229.100-Georgia Information Sharing and Analysis Center Appropriation (HB 119) 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project. TOTAL STATE FUNDS $876,315 $869,651 $872,432 $890,122 State General Funds $876,315 $869,651 $872,432 $890,122 TOTAL FEDERAL FUNDS $360,025 $360,025 $360,025 $360,025 Federal Funds Not Itemized $360,025 $360,025 $360,025 $360,025 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 $1,236,819 $1,230,155 $1,232,936 $1,250,626 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 $9,018,034 $9,018,034 $9,018,034 State General Funds $9,018,034 $9,018,034 $9,018,034 TOTAL AGENCY FUNDS $2,255 $2,255 $2,255 Sales and Services $2,255 $2,255 $2,255 $9,018,034 $9,018,034 $2,255 $2,255 WEDNESDAY, APRIL 1, 2009 3483 Sales and Services Not Itemized $2,255 $2,255 TOTAL PUBLIC FUNDS $9,020,289 $9,020,289 230.98 Transfer all funds and activities to the new Forensic Scientific Services program. State General Funds ($9,018,034) ($9,018,034) Sales and Services Not Itemized ($2,255) ($2,255) TOTAL PUBLIC FUNDS ($9,020,289) ($9,020,289) $2,255 $9,020,289 ($9,018,034) ($2,255) ($9,020,289) $2,255 $9,020,289 ($9,018,034) ($2,255) ($9,020,289) 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 $27,486,004 $27,486,004 $27,486,004 $27,486,004 State General Funds $27,486,004 $27,486,004 $27,486,004 $27,486,004 TOTAL FEDERAL FUNDS $1,435,444 $1,435,444 $1,435,444 $1,435,444 Federal Funds Not Itemized $1,435,444 $1,435,444 $1,435,444 $1,435,444 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 INTRA-STATE GOVERNMENT TRANSFERS $34,279 $34,279 $34,279 $34,279 State Funds Transfers $34,279 $34,279 $34,279 $34,279 Agency to Agency Contracts $34,279 $34,279 $34,279 $34,279 TOTAL PUBLIC FUNDS $29,160,209 $29,160,209 $29,160,209 $29,160,209 231.1 Defer the FY09 cost of living adjustment. State General Funds ($322,856) ($322,856) ($322,856) ($322,856) 231.2 Defer the special pay raise received 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) ($1,289,543) ($1,289,543) 231.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($670,239) ($752,021) ($649,854) $0 231.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing 3484 JOURNAL OF THE SENATE project. State General Funds $246,281 $246,281 $246,281 $246,281 231.5 Reduce one-time funds received in HB990 (FY09G) for startup costs associated with the Identity Theft Unit. State General Funds ($148,372) ($148,372) ($148,372) ($148,372) 231.6 Reduce funds designated for vehicle purchases. State General Funds ($610,731) ($610,731) ($610,731) ($610,731) 231.7 Reduce funds from operations. State General Funds ($7,000) ($7,000) ($7,000) ($7,000) 231.8 Reduce funds by eliminating seven hourly staff positions. State General Funds ($50,568) ($50,568) ($50,568) ($50,568) 231.9 Reduce funds and realize savings as a result of the consolidation of the Macon Regional Drug Enforcement Office and the Milledgeville Regional Investigative Office. State General Funds ($46,303) ($46,303) ($46,303) ($46,303) 231.10 Reduce funds for three vacant agent positions and reassign Georgia SecureID staff to regional offices. State General Funds ($279,278) ($279,278) ($279,278) ($279,278) 231.11 Reduce funds by eliminating six vacant positions. State General Funds ($350,000) ($350,000) ($350,000) ($350,000) 231.12 Reduce funds by reassigning Identity Theft Unit staff to regional offices. State General Funds ($315,000) ($315,000) ($315,000) ($315,000) 231.13 Eliminate funds for the State Drug Task Force (SDTF), reassign the seventeen SDTF agents to regional investigative agents, and eliminate two support staff positions. State General Funds ($1,055,867) ($1,055,867) ($1,055,867) ($1,055,867) 231.14 Reduce funds to reflect the revised revenue estimate. State General Funds ($118,543) ($118,543) ($118,543) 231.15 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($3,066,386) ($3,066,386) ($3,066,386) American Recovery and Reinvestment Act of 2009 $3,066,386 $3,066,386 $3,066,386 TOTAL PUBLIC FUNDS $0 $0 $0 231.98 Transfer all funds and activities from the Special Operations Unit program. State General Funds $922,919 $922,919 $922,919 $922,919 Federal Funds Not Itemized $3,023,756 $3,023,756 $3,023,756 $3,023,756 Sales and Services Not Itemized $200 $200 $200 $200 TOTAL PUBLIC FUNDS $3,946,875 $3,946,875 $3,946,875 $3,946,875 WEDNESDAY, APRIL 1, 2009 3485 231.99 SAC: The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state drug task force and regional drug enforcement, and polygraph examinations. House: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals. Gov Rev: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals. Governor: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals. State General Funds $0 $0 $0 $0 231.100-Regional Investigative Services Appropriation (HB 119) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state drug task force and regional drug enforcement, and polygraph examinations. TOTAL STATE FUNDS $23,509,447 $20,242,736 $20,344,903 $20,994,757 State General Funds $23,509,447 $20,242,736 $20,344,903 $20,994,757 TOTAL FEDERAL FUNDS $4,459,200 $7,525,586 $7,525,586 $7,525,586 American Recovery and Reinvestment Act of 2009 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $4,459,200 $4,459,200 $4,459,200 $4,459,200 TOTAL AGENCY FUNDS $204,682 $204,682 $204,682 $204,682 Sales and Services $204,682 $204,682 $204,682 $204,682 Sales and Services Not Itemized $204,682 $204,682 $204,682 $204,682 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $34,279 $34,279 $34,279 $34,279 State Funds Transfers $34,279 $34,279 $34,279 $34,279 Agency to Agency Contracts $34,279 $34,279 $34,279 $34,279 TOTAL PUBLIC FUNDS $28,207,608 $28,007,283 $28,109,450 $28,759,304 3486 JOURNAL OF THE SENATE 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 $922,919 $922,919 $922,919 $922,919 State General Funds $922,919 $922,919 $922,919 $922,919 TOTAL FEDERAL FUNDS $3,023,756 $3,023,756 $3,023,756 $3,023,756 Federal Funds Not Itemized $3,023,756 $3,023,756 $3,023,756 $3,023,756 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 $3,946,875 $3,946,875 $3,946,875 $3,946,875 232.98 Transfer all funds and activities to the Regional Investigative Services program. State General Funds ($922,919) ($922,919) ($922,919) ($922,919) Federal Funds Not Itemized ($3,023,756) ($3,023,756) ($3,023,756) ($3,023,756) Sales and Services Not Itemized ($200) ($200) ($200) ($200) TOTAL PUBLIC FUNDS ($3,946,875) ($3,946,875) ($3,946,875) ($3,946,875) 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 $1,244,726 $1,244,726 $1,244,726 $1,244,726 State General Funds $1,244,726 $1,244,726 $1,244,726 $1,244,726 TOTAL FEDERAL FUNDS $4,396,250 $4,396,250 $4,396,250 $4,396,250 Federal Funds Not Itemized $4,396,250 $4,396,250 $4,396,250 $4,396,250 TOTAL AGENCY FUNDS $2,111 $2,111 $2,111 $2,111 Sales and Services $2,111 $2,111 $2,111 $2,111 Sales and Services Not Itemized $2,111 $2,111 $2,111 $2,111 TOTAL PUBLIC FUNDS $5,643,087 $5,643,087 $5,643,087 $5,643,087 233.1 Defer the FY09 cost of living adjustment. State General Funds ($6,455) ($6,455) ($6,455) ($6,455) 233.2 Defer the special pay raise received 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) ($66,162) ($66,162) WEDNESDAY, APRIL 1, 2009 3487 233.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($50,470) ($56,865) ($49,140) $0 233.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $32,969 $32,969 $32,969 $32,969 233.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,748) ($5,748) ($5,748) 233.99 SAC: The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud the Medicaid Program. State General Funds $0 233.100-State Healthcare Fraud Unit Appropriation (HB 119) The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud the Medicaid Program. TOTAL STATE FUNDS $1,154,608 $1,142,465 $1,150,190 $1,199,330 State General Funds $1,154,608 $1,142,465 $1,150,190 $1,199,330 TOTAL FEDERAL FUNDS $4,396,250 $4,396,250 $4,396,250 $4,396,250 Federal Funds Not Itemized $4,396,250 $4,396,250 $4,396,250 $4,396,250 TOTAL AGENCY FUNDS $2,111 $2,111 $2,111 $2,111 Sales and Services $2,111 $2,111 $2,111 $2,111 Sales and Services Not Itemized $2,111 $2,111 $2,111 $2,111 TOTAL PUBLIC FUNDS $5,552,969 $5,540,826 $5,548,551 $5,597,691 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 $1,301,979 $1,301,979 $1,301,979 $1,301,979 State General Funds $1,301,979 $1,301,979 $1,301,979 $1,301,979 3488 JOURNAL OF THE SENATE 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 $1,302,355 $1,302,355 $1,302,355 $1,302,355 234.1 Defer the FY09 cost of living adjustment. State General Funds ($12,461) ($12,461) ($12,461) ($12,461) 234.2 Defer the special pay raise received to address retention issues for the following positions: Assistant Special Agent in Charge. State General Funds ($97,337) ($97,337) ($97,337) ($97,337) 234.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($24,226) ($27,296) ($23,588) $0 234.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,814) ($5,814) ($5,814) 234.99 SAC: The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-jurisdictional drug task forces. State General Funds $0 234.100-Task Forces Appropriation (HB 119) The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,167,955 $1,159,071 $1,162,779 $1,186,367 State General Funds $1,167,955 $1,159,071 $1,162,779 $1,186,367 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 $1,168,331 $1,159,447 $1,163,155 $1,186,743 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 WEDNESDAY, APRIL 1, 2009 3489 secure communities, and to award grants from the Local Law Enforcement and Firefighter Fund. TOTAL STATE FUNDS $892,009 $892,009 $892,009 $892,009 State General Funds $892,009 $892,009 $892,009 $892,009 TOTAL FEDERAL FUNDS $25,665,622 $25,665,622 $25,665,622 $25,665,622 Federal Funds Not Itemized $25,665,622 $25,665,622 $25,665,622 $25,665,622 TOTAL AGENCY FUNDS $16,550,000 $16,550,000 $16,550,000 $16,550,000 Sales and Services $15,650,000 $15,650,000 $15,650,000 $15,650,000 Sales and Services Not Itemized $15,650,000 $15,650,000 $15,650,000 $15,650,000 Sanctions, Fines, and Penalties $900,000 $900,000 $900,000 $900,000 Sanctions, Fines, and Penalties Not Itemized $900,000 $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $43,107,631 $43,107,631 $43,107,631 $43,107,631 235.1 Defer the FY09 cost of living adjustment. State General Funds ($3,670) ($3,670) ($3,670) ($3,670) 235.2 Defer structure adjustments to the statewide salary plan. State General Funds ($114) ($114) ($114) ($114) 235.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($7,667) ($11,782) ($10,181) $0 235.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($77,437) ($77,437) ($77,437) ($77,437) 235.5 Reduce funds and defer the Local Law Enforcement and Fire Services (LLEFS) grant program. State General Funds ($500,000) ($500,000) ($500,000) ($400,000) 235.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,031) ($3,031) ($3,031) 235.98 Transfer funds for Legal Services for Victims of Domestic Violence from the Judicial Council. State General Funds $2,006,548 235.99 SAC: The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with all components of the system and levels of government throughout Georgia, by 3490 JOURNAL OF THE SENATE applying for and administering federal assistance grants that assist agencies and organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. House: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Gov Rev: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Governor: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. State General Funds $0 $0 $0 $0 235.100-Criminal Justice Coordinating Council Appropriation (HB 119) The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with all components of the system and levels of government throughout Georgia, by applying for and administering federal assistance grants that assist agencies and organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. TOTAL STATE FUNDS $303,121 $295,975 $297,576 $2,414,305 State General Funds $303,121 $295,975 $297,576 $2,414,305 TOTAL FEDERAL FUNDS $25,665,622 $25,665,622 $25,665,622 $25,665,622 Federal Funds Not Itemized $25,665,622 $25,665,622 $25,665,622 $25,665,622 TOTAL AGENCY FUNDS $16,550,000 $16,550,000 $16,550,000 $16,550,000 Sales and Services $15,650,000 $15,650,000 $15,650,000 $15,650,000 Sales and Services Not Itemized $15,650,000 $15,650,000 $15,650,000 $15,650,000 Sanctions, Fines, and Penalties $900,000 $900,000 $900,000 $900,000 Sanctions, Fines, and Penalties Not Itemized $900,000 $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $42,518,743 $42,511,597 $42,513,198 $44,629,927 Section 29: Juvenile Justice, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds $342,932,665 $342,932,665 $342,932,665 $342,932,665 $342,932,665 $342,932,665 $342,932,665 $342,932,665 WEDNESDAY, APRIL 1, 2009 3491 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $312,304,498 $280,481,965 $312,304,498 $280,481,965 $1,674,112 $29,694,315 $28,020,203 $1,674,112 $1,674,112 $127,629 $127,629 $127,629 $127,629 $13,461,532 $13,461,532 $13,461,532 $13,461,532 $327,567,771 $323,765,441 $281,480,674 $281,480,674 $29,694,315 $28,020,203 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $324,764,150 $288,115,218 $288,115,218 $29,694,315 $28,020,203 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $331,398,694 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 or services for committed youth. TOTAL STATE FUNDS $50,568,335 $50,568,335 $50,568,335 $50,568,335 State General Funds $50,568,335 $50,568,335 $50,568,335 $50,568,335 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,002,533 $5,002,533 $5,002,533 $5,002,533 Federal Funds Transfers $5,002,533 $5,002,533 $5,002,533 $5,002,533 FF Foster Care Title IV-E CFDA93.658 $703,693 $703,693 $703,693 $703,693 FF Medical Assistance Program CFDA93.778 $4,298,840 $4,298,840 $4,298,840 $4,298,840 TOTAL PUBLIC FUNDS $55,570,868 $55,570,868 $55,570,868 $55,570,868 236.1 Defer the FY09 cost of living adjustment. State General Funds ($29,370) ($29,370) ($29,370) ($29,370) 236.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 3492 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($45,437) ($61,802) ($53,406) $0 236.3 Reduce one-time funds received in HB990 (FY09G) for a non-secure facility in Glynn County to house youth awaiting local juvenile court proceedings. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 236.4 Reduce funds and the usage of part-time labor positions by approximately 25%. State General Funds ($33,658) ($33,658) ($33,658) ($33,658) 236.5 Reduce funds from various contracts through lower utilization of contracted services. State General Funds ($2,316,392) ($2,316,392) ($2,316,392) ($2,316,392) 236.6 Reduce funds from Room Board and Watchful Oversight placements to recognize savings from mental health services paid for by Care Management Organizations. State General Funds ($3,080,000) ($3,080,000) ($3,080,000) ($3,080,000) 236.7 Reduce funds and close the North Georgia Wilderness Program by reducing the maximum length of stay in the Short Term Program (STP) to thirty days. State General Funds ($2,053,560) ($2,053,560) ($2,053,560) ($2,053,560) 236.8 Reduce funds from the Outdoor Therapy Program (OTP) operated by the Department of Human Resources and utilize the program on a fee-for-service basis. State General Funds ($768,059) ($768,059) ($768,059) ($768,059) 236.9 Reduce funds and close the Blakely Wilderness Program by reducing the maximum length of stay in the STP to thirty days. State General Funds ($1,613,865) ($1,613,865) ($1,613,865) ($1,613,865) 236.10 Eliminate funds for the Family Based Intervention Program. State General Funds ($1,488,287) ($1,488,287) ($1,488,287) ($1,488,287) 236.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($208,043) $0 $0 236.12 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($3,726,687) ($3,726,687) ($3,726,687) American Recovery and Reinvestment Act of 2009 $3,726,687 $3,726,687 $3,726,687 TOTAL PUBLIC FUNDS $0 $0 $0 236.13 Eliminate funds for the Weekend Sanctions Program. WEDNESDAY, APRIL 1, 2009 3493 State General Funds ($85,920) ($85,920) 236.99 SAC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program. State General Funds $0 236.100-Community Non-Secure Commitment Appropriation (HB 119) The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law- abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program. TOTAL STATE FUNDS $38,639,707 $34,688,612 $34,819,131 $34,872,537 State General Funds $38,639,707 $34,688,612 $34,819,131 $34,872,537 TOTAL FEDERAL FUNDS $3,726,687 $3,726,687 $3,726,687 American Recovery and Reinvestment Act of 2009 $3,726,687 $3,726,687 $3,726,687 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,002,533 $5,002,533 $5,002,533 $5,002,533 Federal Funds Transfers $5,002,533 $5,002,533 $5,002,533 $5,002,533 FF Foster Care Title IV-E CFDA93.658 $703,693 $703,693 $703,693 $703,693 FF Medical Assistance Program CFDA93.778 $4,298,840 $4,298,840 $4,298,840 $4,298,840 TOTAL PUBLIC FUNDS $43,642,240 $43,417,832 $43,548,351 $43,601,757 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 $55,094,993 $55,094,993 $55,094,993 $55,094,993 State General Funds $55,094,993 $55,094,993 $55,094,993 $55,094,993 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,297,106 $4,297,106 $4,297,106 $4,297,106 Federal Funds Transfers $4,297,106 $4,297,106 $4,297,106 $4,297,106 FF Medical Assistance Program CFDA93.778 $4,297,106 $4,297,106 $4,297,106 $4,297,106 TOTAL PUBLIC FUNDS $59,392,099 $59,392,099 $59,392,099 $59,392,099 237.1 Defer the FY09 cost of living adjustment. State General Funds ($460,970) ($460,970) ($460,970) ($460,970) 3494 JOURNAL OF THE SENATE 237.2 Defer salary adjustments for critical jobs. State General Funds ($247,270) ($247,270) ($247,270) ($247,270) 237.3 Defer structure adjustments to the statewide salary plan. State General Funds ($13,171) ($13,171) ($13,171) ($13,171) 237.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,353,230) ($1,908,093) ($1,648,866) $0 237.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,621,670 $1,621,670 $1,621,670 $1,621,670 237.6 Reduce funds through the consolidation of five regions to four and by eliminating one regional position. State General Funds ($116,813) ($116,813) ($116,813) ($116,813) 237.7 Reduce funds and the use of part-time labor positions by approximately 25%. State General Funds ($301,285) ($301,285) ($301,285) ($301,285) 237.8 Reduce funds from the Apprehensions Unit by eliminating twelve investigator positions. State General Funds ($640,850) ($640,850) ($640,850) ($640,850) 237.9 Reduce funds received in HB990 (FY09G) for sixty-seven additional Juvenile Probation and Parole Specialists (JPPS). State General Funds ($3,157,758) ($3,157,758) ($3,157,758) ($3,199,738) 237.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($260,863) ($357,348) ($357,348) 237.11 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($4,679,374) ($4,679,374) ($4,679,374) American Recovery and Reinvestment Act of 2009 $4,679,374 $4,679,374 $4,679,374 TOTAL PUBLIC FUNDS $0 $0 $0 237.99 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 and supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management. State General Funds $0 WEDNESDAY, APRIL 1, 2009 3495 237.100-Community Supervision Appropriation (HB 119) The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law- abiding citizens and supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management. TOTAL STATE FUNDS $50,425,316 $44,930,216 $45,092,958 $46,699,844 State General Funds $50,425,316 $44,930,216 $45,092,958 $46,699,844 TOTAL FEDERAL FUNDS $4,679,374 $4,679,374 $4,679,374 American Recovery and Reinvestment Act of 2009 $4,679,374 $4,679,374 $4,679,374 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,297,106 $4,297,106 $4,297,106 $4,297,106 Federal Funds Transfers $4,297,106 $4,297,106 $4,297,106 $4,297,106 FF Medical Assistance Program CFDA93.778 $4,297,106 $4,297,106 $4,297,106 $4,297,106 TOTAL PUBLIC FUNDS $54,722,422 $53,906,696 $54,069,438 $55,676,324 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 $28,459,888 $28,459,888 $28,459,888 $28,459,888 State General Funds $28,459,888 $28,459,888 $28,459,888 $28,459,888 TOTAL FEDERAL FUNDS $339,060 $339,060 $339,060 $339,060 Federal Funds Not Itemized $339,060 $339,060 $339,060 $339,060 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 $220,095 $220,095 $220,095 $220,095 Federal Funds Transfers $220,095 $220,095 $220,095 $220,095 FF National School Lunch Program CFDA10.555 $220,095 $220,095 $220,095 $220,095 TOTAL PUBLIC FUNDS $29,044,103 $29,044,103 $29,044,103 $29,044,103 238.1 Defer the FY09 cost of living adjustment. State General Funds ($200,229) ($200,229) ($200,229) ($200,229) 238.2 Defer structure adjustments to the statewide salary plan. State General Funds ($5,721) ($5,721) ($5,721) ($5,721) 238.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of 3496 JOURNAL OF THE SENATE State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($460,827) ($648,907) ($560,749) $0 238.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,613,399 $1,613,399 $1,613,399 $1,613,399 238.5 Reduce funds through the consolidation of five regions to four and by eliminating two regional positions. State General Funds ($183,908) ($183,908) ($183,908) ($183,908) 238.6 Reduce funds and the use of part-time labor positions by approximately 25%. State General Funds ($88,195) ($88,195) ($88,195) ($88,195) 238.7 Reduce funds from the Training Unit through changes in the delivery of programs and reduction of contracts. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 238.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($140,239) ($411,357) ($411,357) 238.9 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($2,493,798) ($2,493,798) ($2,493,798) American Recovery and Reinvestment Act of 2009 $2,493,798 $2,493,798 $2,493,798 TOTAL PUBLIC FUNDS $0 $0 $0 238.10 Reduce merit system assessments from $147 to $137 per position. State General Funds ($50,943) ($50,943) 238.100-Departmental Administration Appropriation (HB 119) 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 $28,834,407 $26,012,290 $25,778,387 $26,339,136 State General Funds $28,834,407 $26,012,290 $25,778,387 $26,339,136 TOTAL FEDERAL FUNDS $339,060 $2,832,858 $2,832,858 $2,832,858 American Recovery and Reinvestment Act of 2009 $2,493,798 $2,493,798 $2,493,798 Federal Funds Not Itemized $339,060 $339,060 $339,060 $339,060 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 $25,060 Sales and Services $25,060 $25,060 $25,060 $25,060 WEDNESDAY, APRIL 1, 2009 3497 Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $25,060 $220,095 $220,095 $220,095 $29,418,622 $25,060 $220,095 $220,095 $220,095 $29,090,303 $25,060 $220,095 $220,095 $220,095 $28,856,400 $25,060 $220,095 $220,095 $220,095 $29,417,149 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 $99,055,570 $99,055,570 $99,055,570 $99,055,570 State General Funds $99,055,570 $99,055,570 $99,055,570 $99,055,570 TOTAL FEDERAL FUNDS $1,274,905 $1,274,905 $1,274,905 $1,274,905 Federal Funds Not Itemized $1,274,905 $1,274,905 $1,274,905 $1,274,905 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 $2,097,191 $2,097,191 $2,097,191 $2,097,191 Federal Funds Transfers $2,097,191 $2,097,191 $2,097,191 $2,097,191 FF National School Lunch Program CFDA10.555 $2,097,191 $2,097,191 $2,097,191 $2,097,191 TOTAL PUBLIC FUNDS $102,455,657 $102,455,657 $102,455,657 $102,455,657 239.1 Defer the FY09 cost of living adjustment. State General Funds ($819,962) ($819,962) ($819,962) ($819,962) 239.2 Defer structure adjustments to the statewide salary plan. State General Funds ($23,427) ($23,427) ($23,427) ($23,427) 239.3 Defer salary adjustments for critical jobs. State General Funds ($439,995) ($439,995) ($439,995) ($439,995) 239.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds ($829,394) ($829,394) ($829,394) ($829,394) 239.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 3498 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,510,390) ($2,124,394) ($1,835,781) $0 239.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $180,572 $180,572 $180,572 $180,572 239.7 Reduce funds and the use of part-time labor positions by approximately 25%. State General Funds ($329,843) ($329,843) ($329,843) ($329,843) 239.8 Reduce funds and suspend the 21st Century After School Program. State General Funds ($385,000) ($385,000) ($385,000) ($385,000) 239.9 Reduce funds and suspend the Think Exit at Entry Transition Program. State General Funds ($600,000) ($600,000) ($600,000) ($600,000) 239.10 Reduce funds from substance abuse education programs. State General Funds ($96,333) ($96,333) ($96,333) ($96,333) 239.11 Eliminate funds for the Medical College of Georgia (MCG) residency program that provides limited psychiatry hours at the Augusta Youth Development Campus (YDC). State General Funds ($31,200) ($31,200) ($31,200) ($31,200) 239.12 Reduce funds by replacing one social service provider position with a part-time position. State General Funds ($22,573) ($22,573) ($22,573) ($22,573) 239.13 Reduce funds by eliminating the use of on-call social workers. State General Funds ($194,610) ($194,610) ($194,610) ($194,610) 239.14 Reduce funds and close the McIntosh YDC effective April 2009 by reducing the maximum length of stay in the Short Term Program (STP) to thirty days. State General Funds ($3,646,064) ($3,646,064) ($3,646,064) ($3,646,064) 239.15 Reduce funds through the consolidation of five regions to four and by eliminating one regional position. State General Funds ($134,473) ($134,473) ($134,473) ($134,473) 239.16 Reduce funds to reflect the revised revenue estimate. State General Funds ($446,064) ($234,946) ($234,946) 239.17 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($8,013,778) ($8,013,778) ($8,013,778) American Recovery and Reinvestment Act of 2009 $8,013,778 $8,013,778 $8,013,778 TOTAL PUBLIC FUNDS $0 $0 $0 239.99 SAC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide WEDNESDAY, APRIL 1, 2009 3499 secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440. State General Funds $0 239.100-Secure Commitment (YDCs) Appropriation (HB 119) The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440. TOTAL STATE FUNDS $90,172,878 $81,099,032 $81,598,763 $83,434,544 State General Funds $90,172,878 $81,099,032 $81,598,763 $83,434,544 TOTAL FEDERAL FUNDS $1,274,905 $9,288,683 $9,288,683 $9,288,683 American Recovery and Reinvestment Act of 2009 $8,013,778 $8,013,778 $8,013,778 Federal Funds Not Itemized $1,274,905 $1,274,905 $1,274,905 $1,274,905 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 $2,097,191 $2,097,191 $2,097,191 $2,097,191 Federal Funds Transfers $2,097,191 $2,097,191 $2,097,191 $2,097,191 FF National School Lunch Program CFDA10.555 $2,097,191 $2,097,191 $2,097,191 $2,097,191 TOTAL PUBLIC FUNDS $93,572,965 $92,512,897 $93,012,628 $94,848,409 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 $109,753,879 $109,753,879 $109,753,879 $109,753,879 State General Funds $109,753,879 $109,753,879 $109,753,879 $109,753,879 TOTAL FEDERAL FUNDS $60,147 $60,147 $60,147 $60,147 Federal Funds Not Itemized $60,147 $60,147 $60,147 $60,147 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 $1,844,607 $1,844,607 $1,844,607 $1,844,607 3500 JOURNAL OF THE SENATE Federal Funds Transfers $1,844,607 $1,844,607 $1,844,607 $1,844,607 FF National School Lunch Program CFDA10.555 $1,844,607 $1,844,607 $1,844,607 $1,844,607 TOTAL PUBLIC FUNDS $111,733,211 $111,733,211 $111,733,211 $111,733,211 240.1 Defer the FY09 cost of living adjustment. State General Funds ($981,955) ($981,955) ($981,955) ($981,955) 240.2 Defer structure adjustments to the statewide salary plan. State General Funds ($23,457) ($23,457) ($23,457) ($23,457) 240.3 Defer salary adjustments for critical jobs. State General Funds ($524,842) ($524,842) ($524,842) ($524,842) 240.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds ($786,793) ($786,793) ($786,793) ($786,793) 240.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,115,485) ($2,982,980) ($2,577,722) $0 240.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $669,445 $669,445 $669,445 $669,445 240.7 Reduce funds and the use of part-time labor positions by 25%. State General Funds ($566,063) ($566,063) ($566,063) ($566,063) 240.8 Eliminate funds for the Emory Residency program that provides limited psychiatry hours at the Metro Regional Youth Detention Center (RYDC). State General Funds ($10,400) ($10,400) ($10,400) ($10,400) 240.9 Reduce funds by replacing nine social service provider positions with part-time positions. State General Funds ($286,885) ($286,885) ($286,885) ($286,885) 240.10 Reduce funds through a decrease in psychology hours from nineteen to sixteen hours at sixty-four bed RYDCs. State General Funds ($98,133) ($98,133) ($98,133) ($98,133) 240.11 Eliminate funds for substance abuse education programs. State General Funds ($244,641) ($244,641) ($244,641) ($244,641) WEDNESDAY, APRIL 1, 2009 3501 240.12 Reduce funds by eliminating the use of on-call social workers. State General Funds ($227,261) ($227,261) ($227,261) ($227,261) 240.13 Reduce funds through the consolidation of five regions to four and by eliminating four regional positions. State General Funds ($325,219) ($325,219) ($325,219) ($325,219) 240.14 Reduce funds to reflect the revised revenue estimate. State General Funds ($506,314) ($471,952) ($471,952) 240.15 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($9,106,566) ($9,106,566) ($9,106,566) American Recovery and Reinvestment Act of 2009 $9,106,566 $9,106,566 $9,106,566 TOTAL PUBLIC FUNDS $0 $0 $0 240.99 SAC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities. State General Funds $0 240.100-Secure Detention (RYDCs) Appropriation (HB 119) The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities. TOTAL STATE FUNDS $104,232,190 $93,751,815 $94,191,435 $96,769,157 State General Funds $104,232,190 $93,751,815 $94,191,435 $96,769,157 TOTAL FEDERAL FUNDS $60,147 $9,166,713 $9,166,713 $9,166,713 American Recovery and Reinvestment Act of 2009 $9,106,566 $9,106,566 $9,106,566 Federal Funds Not Itemized $60,147 $60,147 $60,147 $60,147 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 $1,844,607 $1,844,607 $1,844,607 $1,844,607 Federal Funds Transfers $1,844,607 $1,844,607 $1,844,607 $1,844,607 FF National School Lunch Program CFDA10.555 $1,844,607 $1,844,607 $1,844,607 $1,844,607 TOTAL PUBLIC FUNDS $106,211,522 $104,837,713 $105,277,333 $107,855,055 3502 JOURNAL OF THE SENATE Section 30: Labor, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 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 Section Total - Final $47,485,719 $47,389,303 $47,485,719 $47,389,303 $345,440,508 $345,440,508 $345,440,508 $345,440,508 $31,523,391 $31,523,391 $729,513 $729,513 $30,793,878 $30,793,878 $6,904,800 $6,904,800 $6,904,800 $6,904,800 $431,354,418 $431,258,002 $47,527,678 $47,527,678 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $431,396,377 $46,432,021 $46,432,021 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $423,400,720 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 $444,108 $444,108 $444,108 $444,108 State General Funds $444,108 $444,108 $444,108 $444,108 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 $1,966,085 WEDNESDAY, APRIL 1, 2009 3503 TOTAL PUBLIC FUNDS $2,410,193 $2,410,193 $2,410,193 $2,410,193 241.1 Defer the FY09 cost of living adjustment. State General Funds ($2,509) ($2,509) ($2,509) ($2,509) 241.2 Defer structure adjustments to the statewide salary plan. State General Funds ($289) ($289) ($289) ($289) 241.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($11,381) ($8,366) ($7,229) $0 241.4 Reduce funds from personnel. State General Funds ($7,920) ($7,920) ($7,920) ($7,920) 241.5 Reduce funds from operations. State General Funds ($45,000) ($45,000) ($45,000) ($45,000) 241.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,551) ($4,551) ($4,551) 241.100-Business Enterprise Program Appropriation (HB 119) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $377,009 $375,473 $376,610 $383,839 State General Funds $377,009 $375,473 $376,610 $383,839 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,343,094 $2,341,558 $2,342,695 $2,349,924 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 State General Funds $93,172 $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 $93,172 242.1 Reduce funds. 3504 JOURNAL OF THE SENATE State General Funds 242.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,300) ($9,300) ($1,012) ($9,300) ($1,012) ($9,300) ($1,012) 242.100-Commission on Women Appropriation (HB 119) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $83,872 $82,860 $82,860 $82,860 State General Funds $83,872 $82,860 $82,860 $82,860 TOTAL PUBLIC FUNDS $83,872 $82,860 $82,860 $82,860 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 $3,422,636 $3,422,636 $3,422,636 $3,422,636 State General Funds $3,422,636 $3,422,636 $3,422,636 $3,422,636 TOTAL FEDERAL FUNDS $38,433,936 $38,433,936 $38,433,936 $38,433,936 Federal Funds Not Itemized $37,923,936 $37,923,936 $37,923,936 $37,923,936 Temporary Assistance for Needy Families $510,000 $510,000 $510,000 $510,000 Temporary Assistance for Needy Families Grant CFDA93.558 $510,000 $510,000 $510,000 $510,000 TOTAL PUBLIC FUNDS $41,856,572 $41,856,572 $41,856,572 $41,856,572 243.1 Defer the FY09 cost of living adjustment. State General Funds ($31,827) ($31,827) ($31,827) ($31,827) 243.2 Defer structure adjustments to the statewide salary plan. State General Funds ($3,661) ($3,661) ($3,661) ($3,661) 243.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($89,674) ($65,919) ($56,963) $0 243.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. WEDNESDAY, APRIL 1, 2009 3505 State General Funds $5,800 $5,800 $5,800 243.5 Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance. State General Funds ($211,276) ($211,276) ($211,276) 243.6 Reduce funds from personnel. State General Funds ($653,327) ($653,327) ($653,327) 243.7 Reduce funds designated for vehicle purchases. State General Funds ($4,117) ($4,117) ($4,117) 243.8 Reduce funds from operations. State General Funds ($115,000) ($115,000) ($115,000) 243.9 Eliminate funds from the GoodWorks program to align expenditures to annual grant award. Temporary Assistance for Needy Families Grant CFDA93.558 ($510,000) ($510,000) ($510,000) 243.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($28,001) ($28,001) 243.11 Reduce merit system assessments from $147 to $137 per position. State General Funds ($4,378) $5,800 ($211,276) ($653,327) ($4,117) ($115,000) ($510,000) ($28,001) ($4,378) 243.100-Department of Labor Administration Appropriation (HB 119) 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 $2,319,554 $2,315,308 $2,319,886 $2,376,849 State General Funds $2,319,554 $2,315,308 $2,319,886 $2,376,849 TOTAL FEDERAL FUNDS $37,923,936 $37,923,936 $37,923,936 $37,923,936 Federal Funds Not Itemized $37,923,936 $37,923,936 $37,923,936 $37,923,936 TOTAL PUBLIC FUNDS $40,243,490 $40,239,244 $40,243,822 $40,300,785 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 3506 JOURNAL OF THE SENATE 244.100-Disability Adjudication Section Appropriation (HB 119) 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 $2,309,899 $2,309,899 $2,309,899 $2,309,899 State General Funds $2,309,899 $2,309,899 $2,309,899 $2,309,899 TOTAL FEDERAL FUNDS $2,913,518 $2,913,518 $2,913,518 $2,913,518 Federal Funds Not Itemized $2,913,518 $2,913,518 $2,913,518 $2,913,518 TOTAL PUBLIC FUNDS $5,223,417 $5,223,417 $5,223,417 $5,223,417 245.1 Defer the FY09 cost of living adjustment. State General Funds ($12,443) ($12,443) ($12,443) ($12,443) 245.2 Defer structure adjustments to the statewide salary plan. State General Funds ($1,431) ($1,431) ($1,431) ($1,431) 245.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($59,196) ($43,516) ($37,604) $0 245.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,608 $4,608 $4,608 $4,608 245.5 Reduce funds from operations. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 245.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($25,851) ($25,851) ($25,851) WEDNESDAY, APRIL 1, 2009 3507 245.100-Division of Rehabilitation Administration Appropriation (HB 119) 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 $2,141,437 $2,131,266 $2,137,178 $2,174,782 State General Funds $2,141,437 $2,131,266 $2,137,178 $2,174,782 TOTAL FEDERAL FUNDS $2,913,518 $2,913,518 $2,913,518 $2,913,518 Federal Funds Not Itemized $2,913,518 $2,913,518 $2,913,518 $2,913,518 TOTAL PUBLIC FUNDS $5,054,955 $5,044,784 $5,050,696 $5,088,300 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 $452,913 $452,913 $452,913 $452,913 State General Funds $452,913 $452,913 $452,913 $452,913 TOTAL AGENCY FUNDS $11,828,888 $11,828,888 $11,828,888 $11,828,888 Reserved Fund Balances $729,513 $729,513 $729,513 $729,513 Reserved Fund Balances Not Itemized $729,513 $729,513 $729,513 $729,513 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 $12,281,801 $12,281,801 $12,281,801 $12,281,801 246.1 Defer the FY09 cost of living adjustment. State General Funds ($64,583) ($64,583) ($64,583) ($64,583) 246.2 Defer structure adjustments to the statewide salary plan. State General Funds ($7,428) ($7,428) ($7,428) ($7,428) 246.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($11,607) ($8,532) ($7,373) $0 246.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,458) ($4,458) ($4,458) 3508 JOURNAL OF THE SENATE 246.100-Georgia Industries for the Blind Appropriation (HB 119) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $369,295 $367,912 $369,071 $376,444 State General Funds $369,295 $367,912 $369,071 $376,444 TOTAL AGENCY FUNDS $11,828,888 $11,828,888 $11,828,888 $11,828,888 Reserved Fund Balances $729,513 $729,513 $729,513 $729,513 Reserved Fund Balances Not Itemized $729,513 $729,513 $729,513 $729,513 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 $12,198,183 $12,196,800 $12,197,959 $12,205,332 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 $753,151 $753,151 $753,151 $753,151 State General Funds $753,151 $753,151 $753,151 $753,151 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 $3,003,024 $3,003,024 $3,003,024 $3,003,024 247.1 Defer the FY09 cost of living adjustment. State General Funds ($8,038) ($8,038) ($8,038) ($8,038) 247.2 Defer structure adjustments to the statewide salary plan. State General Funds ($924) ($924) ($924) ($924) 247.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($22,646) ($16,647) ($14,385) $0 247.4 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 247.5 Reduce funds to reflect the revised revenue estimate. WEDNESDAY, APRIL 1, 2009 3509 State General Funds ($8,469) ($8,469) ($8,469) 247.100-Labor Market Information Appropriation (HB 119) 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 $701,543 $699,073 $701,335 $715,720 State General Funds $701,543 $699,073 $701,335 $715,720 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 $2,951,416 $2,948,946 $2,951,208 $2,965,593 Roosevelt Warm Springs Institute Continuation Budget The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $7,339,734 $7,339,734 $7,339,734 $7,339,734 State General Funds $7,339,734 $7,339,734 $7,339,734 $7,339,734 TOTAL FEDERAL FUNDS $6,989,289 $6,989,289 $6,989,289 $6,989,289 Federal Funds Not Itemized $6,989,289 $6,989,289 $6,989,289 $6,989,289 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 $33,222,110 $33,222,110 $33,222,110 $33,222,110 248.1 Defer the FY09 cost of living adjustment. State General Funds ($51,285) ($51,285) ($51,285) ($51,285) 248.2 Defer structure adjustments to the statewide salary plan. State General Funds ($5,898) ($5,898) ($5,898) ($5,898) 248.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) 3510 JOURNAL OF THE SENATE State General Funds ($188,095) ($138,269) ($119,484) $0 248.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $9,726 $9,726 $9,726 $9,726 248.5 Reduce funds from personnel. State General Funds ($208,904) ($208,904) ($208,904) ($208,904) 248.6 Reduce funds designated for vehicle purchases. State General Funds ($59,095) ($59,095) ($59,095) ($59,095) 248.7 Reduce funds received in HB990 (FY09G) for Blaze Sports America, Inc. State General Funds ($104,000) ($104,000) ($104,000) ($104,000) 248.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($81,269) ($81,269) ($81,269) 248.9 Reduce funds and direct the Department to submit a plan for Roosevelt Warm Springs to make the hospital, golf course, and recreational facilities self-sufficient using federal grants and agency generated income within five years. State General Funds ($130,652) 248.100-Roosevelt Warm Springs Institute Appropriation (HB 119) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,732,183 $6,700,740 $6,719,525 State General Funds $6,732,183 $6,700,740 $6,719,525 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 $32,614,559 $32,583,116 $32,601,901 $6,708,357 $6,708,357 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,590,733 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. WEDNESDAY, APRIL 1, 2009 3511 TOTAL STATE FUNDS $3,406,435 $3,406,435 $3,406,435 $3,406,435 State General Funds $3,406,435 $3,406,435 $3,406,435 $3,406,435 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 $3,574,987 $3,574,987 $3,574,987 $3,574,987 249.1 Defer the FY09 cost of living adjustment. State General Funds ($27,096) ($27,096) ($27,096) ($27,096) 249.2 Defer structure adjustments to the statewide salary plan. State General Funds ($3,116) ($3,116) ($3,116) ($3,116) 249.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($87,296) ($64,171) ($55,453) $0 249.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,250 $5,250 $5,250 $5,250 249.5 Reduce funds received in HB990 (FY09G) for three safety inspector positions and one clerical position. State General Funds ($257,142) ($257,142) ($257,142) ($257,142) 249.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($36,662) ($36,662) ($36,662) 249.100-Safety Inspections Appropriation (HB 119) 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 $3,037,035 $3,023,498 $3,032,216 $3,087,669 State General Funds $3,037,035 $3,023,498 $3,032,216 $3,087,669 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 $3,205,587 $3,192,050 $3,200,768 $3,256,221 3512 JOURNAL OF THE SENATE 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 $11,228,560 $11,228,560 $11,228,560 $11,228,560 State General Funds $11,228,560 $11,228,560 $11,228,560 $11,228,560 TOTAL FEDERAL FUNDS $49,173,186 $49,173,186 $49,173,186 $49,173,186 Federal Funds Not Itemized $49,173,186 $49,173,186 $49,173,186 $49,173,186 TOTAL PUBLIC FUNDS $60,401,746 $60,401,746 $60,401,746 $60,401,746 250.1 Defer the FY09 cost of living adjustment. State General Funds ($100,736) ($100,736) ($100,736) ($100,736) 250.2 Defer structure adjustments to the statewide salary plan. State General Funds ($11,586) ($11,586) ($11,586) ($11,586) 250.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($283,824) ($208,639) ($180,294) $0 250.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $15,009 $15,009 $15,009 $15,009 250.5 Reduce funds from operations. State General Funds ($106,890) ($106,890) ($106,890) ($106,890) 250.6 Reduce funds to reflect the new cost allocation rate on administrative assessments for unemployment insurance. State General Funds ($2,580,789) ($2,580,789) ($2,580,789) ($2,580,789) 250.7 Reduce funds designated for vehicle purchases. State General Funds ($10,452) ($10,452) ($10,452) ($10,452) 250.8 Reduce funds and use federal stimulus receipts to cover administrative costs. State General Funds ($2,000,000) 250.100-Unemployment Insurance Appropriation (HB 119) The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from WEDNESDAY, APRIL 1, 2009 3513 Georgia's employers and distributing unemployment benefits to eligible claimants. TOTAL STATE FUNDS $8,149,292 State General Funds $8,149,292 TOTAL FEDERAL FUNDS $49,173,186 Federal Funds Not Itemized $49,173,186 TOTAL PUBLIC FUNDS $57,322,478 $8,224,477 $8,224,477 $49,173,186 $49,173,186 $57,397,663 $8,252,822 $8,252,822 $49,173,186 $49,173,186 $57,426,008 $6,433,116 $6,433,116 $49,173,186 $49,173,186 $55,606,302 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 $18,029,477 $18,029,477 $18,029,477 $18,029,477 State General Funds $18,029,477 $18,029,477 $18,029,477 $18,029,477 TOTAL FEDERAL FUNDS $63,967,153 $63,967,153 $63,967,153 $63,967,153 Federal Funds Not Itemized $65,667,153 $65,667,153 $65,667,153 $65,667,153 Temporary Assistance for Needy Families ($1,700,000) ($1,700,000) ($1,700,000) ($1,700,000) TANF Transfers to Child Care Development Fund per 42 USC 604 ($1,700,000) ($1,700,000) ($1,700,000) ($1,700,000) TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 $806,216 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 $1,700,000 $1,700,000 $1,700,000 Federal Funds Transfers $1,700,000 $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 $1,700,000 TOTAL PUBLIC FUNDS $84,502,846 $84,502,846 $84,502,846 $84,502,846 251.1 Defer the FY09 cost of living adjustment. State General Funds ($82,563) ($82,563) ($82,563) ($82,563) 251.2 Defer structure adjustments to the statewide salary plan. State General Funds ($9,496) ($9,496) ($9,496) ($9,496) 251.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($462,040) ($339,797) ($293,633) $0 3514 JOURNAL OF THE SENATE 251.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $26,362 $26,362 $26,362 $26,362 251.5 Increase funds for the GoodWorks program to align TANF expenditures to annual grant award. TANF Transfers to Child Care Development Fund per 42 USC 604 $1,700,000 $1,700,000 $1,700,000 $1,700,000 251.6 Reduce funds from operations. State General Funds ($540,000) ($540,000) ($540,000) ($540,000) 251.7 Reduce funds for the purchase of service and special purpose contracts. State General Funds ($597,296) ($597,296) ($597,296) ($597,296) 251.8 Reduce funds received in HB990 (FY09G) for the Georgia Games. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 251.9 Reduce funds received in HB990 (FY09G) for SHARE DEAR. State General Funds ($48,661) ($48,661) ($48,661) ($48,661) 251.10 Reduce funds from the Georgia Council on the Hearing Impaired (Hinesville Location). State General Funds ($167,000) ($167,000) ($167,000) ($40,000) 251.11 Reduce funds by eliminating the State-wide Assistive Technology contract. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 251.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($194,279) ($194,279) ($194,279) 251.13 Reduce funds for the GoodWorks program to align expenditures to annual grant award. FF Temporary Assistance for Needy Families CFDA93.558 ($1,700,000) 251.100-Vocational Rehabilitation Program Appropriation (HB 119) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,093,783 $16,021,747 $16,067,911 State General Funds $16,093,783 $16,021,747 $16,067,911 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 $16,488,544 $16,488,544 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 WEDNESDAY, APRIL 1, 2009 3515 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $1,700,000 $84,267,152 $1,700,000 $84,195,116 $1,700,000 $84,241,280 $82,961,913 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 $8,289,007 $8,289,007 $8,289,007 $8,289,007 State General Funds $8,289,007 $8,289,007 $8,289,007 $8,289,007 TOTAL FEDERAL FUNDS $124,232,096 $124,232,096 $124,232,096 $124,232,096 Federal Funds Not Itemized $122,790,096 $122,790,096 $122,790,096 $122,790,096 Temporary Assistance for Needy Families $1,442,000 $1,442,000 $1,442,000 $1,442,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,442,000 $1,442,000 $1,442,000 $1,442,000 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 $137,721,103 $137,721,103 $137,721,103 $137,721,103 252.1 Defer the FY09 cost of living adjustment. State General Funds ($75,752) ($75,752) ($75,752) ($75,752) 252.2 Defer structure adjustments to the statewide salary plan. State General Funds ($8,712) ($8,712) ($8,712) ($8,712) 252.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($213,430) ($156,892) ($135,577) $0 252.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $9,892 $9,892 $9,892 $9,892 252.5 Reduce funds designated for vehicle purchases. State General Funds ($20,289) ($20,289) ($20,289) ($20,289) 252.6 Reduce funds from operations. 3516 JOURNAL OF THE SENATE State General Funds ($500,000) ($500,000) ($500,000) 252.7 Eliminate funds from the GoodWorks program to align expenditures to annual grant award. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,442,000) ($1,442,000) ($1,442,000) 252.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($90,305) ($90,305) 252.9 Eliminate the GoodWorks program. FF Temporary Assistance for Needy Families CFDA93.558 ($500,000) ($1,442,000) ($90,305) ($5,200,000) 252.100-Workforce Development Appropriation (HB 119) The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $7,480,716 $7,446,949 $7,468,264 $7,603,841 State General Funds $7,480,716 $7,446,949 $7,468,264 $7,603,841 TOTAL FEDERAL FUNDS $122,790,096 $122,790,096 $122,790,096 $122,790,096 Federal Funds Not Itemized $122,790,096 $122,790,096 $122,790,096 $122,790,096 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 $135,470,812 $135,437,045 $135,458,360 $130,393,937 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 Section Total - Continuation $19,650,981 $19,650,981 $19,650,981 $19,650,981 $19,650,981 $19,650,981 $24,817 $24,817 $24,817 $23,817 $23,817 $23,817 $1,000 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $56,477,221 $56,477,221 $56,477,221 $19,650,981 $19,650,981 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221 TOTAL STATE FUNDS Section Total - Final $17,594,448 $17,271,353 $17,370,758 $18,008,924 WEDNESDAY, APRIL 1, 2009 3517 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $17,594,448 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,420,688 $17,271,353 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,097,593 $17,370,758 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,196,998 $18,008,924 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,835,164 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 $19,650,981 $19,650,981 $19,650,981 $19,650,981 State General Funds $19,650,981 $19,650,981 $19,650,981 $19,650,981 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 $56,477,221 $56,477,221 $56,477,221 $56,477,221 253.1 Defer the FY09 cost of living adjustment. State General Funds ($247,231) ($247,231) ($247,231) ($247,231) 253.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($591,344) ($738,495) ($638,166) $0 253.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 3518 JOURNAL OF THE SENATE State General Funds $41,945 $41,945 $41,945 $41,945 253.4 Reduce funds by eliminating five vacant positions. State General Funds ($267,258) ($267,258) ($267,258) ($267,258) 253.5 Reduce funds from personnel. State General Funds ($802,445) ($802,445) ($802,445) ($802,445) 253.6 Reduce funds by suspending the summer internship program. State General Funds ($35,000) ($35,000) ($35,000) ($35,000) 253.7 Reduce funds from library spending. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 253.8 Reduce funds by discontinuing a software licensing contract. State General Funds ($40,200) ($40,200) ($40,200) ($40,200) 253.9 Reduce funds from travel. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 253.10 Reduce funds and reflect the anticipated change in the hospital acquisition statute requiring payment of valuation studies by the department. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 253.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($175,944) ($175,944) ($175,944) 253.12 Reduce merit system assessments from $147 to $137 per position. State General Funds ($924) ($924) 253.99 SAC: The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved. State General Funds $0 253.100-Law, Department of Appropriation (HB 119) The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved. TOTAL STATE FUNDS $17,594,448 $17,271,353 $17,370,758 $18,008,924 State General Funds $17,594,448 $17,271,353 $17,370,758 $18,008,924 TOTAL AGENCY FUNDS $24,817 $24,817 $24,817 $24,817 Contributions, Donations, and Forfeitures $23,817 $23,817 $23,817 $23,817 WEDNESDAY, APRIL 1, 2009 3519 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 Section 32: Natural Resources, 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 Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency 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 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $54,420,688 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $54,097,593 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $54,196,998 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $54,835,164 Section Total - Continuation $130,877,057 $130,877,057 $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 $303,875,765 $130,877,057 $130,877,057 $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 $303,875,765 $130,877,057 $130,877,057 $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 $303,875,765 $130,877,057 $130,877,057 $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 $303,875,765 Section Total - Final $107,630,739 $108,265,466 $107,630,739 $108,265,466 $49,146,841 $49,146,841 $49,146,841 $49,146,841 $122,969,762 $122,969,762 $4,583,045 $4,583,045 $103,913 $103,913 $105,380,308 $105,380,308 $49,146,841 $49,146,841 $117,836,831 $4,583,045 $103,913 $102,739,132 $102,739,132 $49,146,841 $49,146,841 $127,082,804 $4,583,045 $103,913 3520 JOURNAL OF THE SENATE Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS $2,941,137 $15,250 $115,326,417 $130,000 $130,000 $279,877,342 $2,941,137 $15,250 $115,326,417 $130,000 $130,000 $280,512,069 $2,941,137 $15,250 $110,193,486 $130,000 $130,000 $272,493,980 $2,941,137 $15,250 $119,439,459 $130,000 $130,000 $279,098,777 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 $2,898,737 $2,898,737 $2,898,737 $2,898,737 State General Funds $2,898,737 $2,898,737 $2,898,737 $2,898,737 TOTAL FEDERAL FUNDS $5,940,807 $5,940,807 $5,940,807 $5,940,807 Federal Funds Not Itemized $5,940,807 $5,940,807 $5,940,807 $5,940,807 TOTAL AGENCY FUNDS $90,221 $90,221 $90,221 $90,221 Sales and Services $90,221 $90,221 $90,221 $90,221 Sales and Services Not Itemized $90,221 $90,221 $90,221 $90,221 TOTAL PUBLIC FUNDS $8,929,765 $8,929,765 $8,929,765 $8,929,765 254.1 Defer the FY09 cost of living adjustment. State General Funds ($22,098) ($22,098) ($22,098) ($22,098) 254.2 Defer 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) ($11,991) ($11,991) 254.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($82,704) ($56,974) ($49,234) $0 254.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,578 $3,578 $3,578 $3,578 WEDNESDAY, APRIL 1, 2009 3521 254.5 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 254.6 Eliminate funds received in HB95 (FY08G) for sunken vessel removal. State General Funds ($180,000) ($180,000) ($180,000) ($180,000) 254.7 Reduce funds designated for vehicle purchases. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 254.8 Reduce funds from artificial reef construction. (H:Reflect reduction presented in agency's request) State General Funds ($49,271) ($49,271) ($75,549) ($75,549) 254.9 Reduce funds from buoy repair and maintenance. State General Funds ($7,305) ($7,305) ($7,305) ($7,305) 254.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,966) ($12,966) ($12,966) 254.11 Reduce funds by eliminating two vacant positions. State General Funds ($95,235) ($95,235) 254.99 SAC: The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs. State General Funds $0 254.100-Coastal Resources Appropriation (HB 119) The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs. TOTAL STATE FUNDS $2,508,946 $2,521,710 $2,407,937 $2,457,171 State General Funds $2,508,946 $2,521,710 $2,407,937 $2,457,171 TOTAL FEDERAL FUNDS $5,940,807 $5,940,807 $5,940,807 $5,940,807 Federal Funds Not Itemized $5,940,807 $5,940,807 $5,940,807 $5,940,807 TOTAL AGENCY FUNDS $90,221 $90,221 $90,221 $90,221 3522 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $90,221 $90,221 $8,539,974 $90,221 $90,221 $8,552,738 $90,221 $90,221 $8,438,965 $90,221 $90,221 $8,488,199 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,959,652 $10,959,652 $10,959,652 $10,959,652 State General Funds $10,959,652 $10,959,652 $10,959,652 $10,959,652 TOTAL FEDERAL FUNDS $174,383 $174,383 $174,383 $174,383 Federal Funds Not Itemized $174,383 $174,383 $174,383 $174,383 TOTAL AGENCY FUNDS $573,266 $573,266 $573,266 $573,266 Contributions, Donations, and Forfeitures $161,636 $161,636 $161,636 $161,636 Contributions, Donations, and Forfeitures Not Itemized $161,636 $161,636 $161,636 $161,636 Sales and Services $411,630 $411,630 $411,630 $411,630 Sales and Services Not Itemized $411,630 $411,630 $411,630 $411,630 TOTAL PUBLIC FUNDS $11,707,301 $11,707,301 $11,707,301 $11,707,301 255.1 Defer the FY09 cost of living adjustment. State General Funds ($85,628) ($85,628) ($85,628) ($85,628) 255.2 Defer structure adjustments to the statewide salary plan. State General Funds ($30,287) ($30,287) ($30,287) ($30,287) 255.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($320,471) ($220,769) ($190,776) $0 255.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,133,190 $1,133,190 $1,133,190 $1,133,190 255.5 Reduce funds from operations. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 255.6 Reduce funds to reflect the revised revenue estimate. WEDNESDAY, APRIL 1, 2009 3523 State General Funds 255.7 Reduce funds by eliminating vacant positions. State General Funds 255.8 Reduce merit system assessments from $147 to $137 per position. State General Funds ($59,209) ($59,209) ($301,000) ($11,954) ($59,209) ($382,000) ($11,954) 255.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,456,456 $11,496,949 $11,213,988 State General Funds $11,456,456 $11,496,949 $11,213,988 TOTAL FEDERAL FUNDS $174,383 $174,383 $174,383 Federal Funds Not Itemized $174,383 $174,383 $174,383 TOTAL AGENCY FUNDS $573,266 $573,266 $573,266 Contributions, Donations, and Forfeitures $161,636 $161,636 $161,636 Contributions, Donations, and Forfeitures Not Itemized $161,636 $161,636 $161,636 Sales and Services $411,630 $411,630 $411,630 Sales and Services Not Itemized $411,630 $411,630 $411,630 TOTAL PUBLIC FUNDS $12,204,105 $12,244,598 $11,961,637 $11,323,764 $11,323,764 $174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $12,071,413 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 $32,372,077 $32,372,077 $32,372,077 $32,372,077 State General Funds $32,372,077 $32,372,077 $32,372,077 $32,372,077 TOTAL FEDERAL FUNDS $23,517,774 $23,517,774 $23,517,774 $23,517,774 Federal Funds Not Itemized $23,517,774 $23,517,774 $23,517,774 $23,517,774 TOTAL AGENCY FUNDS $66,713,023 $66,713,023 $66,713,023 $66,713,023 Sales and Services $66,713,023 $66,713,023 $66,713,023 $66,713,023 Sales and Services Not Itemized $66,713,023 $66,713,023 $66,713,023 $66,713,023 TOTAL PUBLIC FUNDS $122,602,874 $122,602,874 $122,602,874 $122,602,874 256.1 Defer the FY09 cost of living adjustment. State General Funds ($343,070) ($343,070) ($343,070) ($343,070) 256.2 Defer structure adjustments to the statewide salary plan. 3524 JOURNAL OF THE SENATE State General Funds ($7,885) ($7,885) ($7,885) ($7,885) 256.3 Defer salary adjustments for critical jobs. State General Funds ($120,167) ($120,167) ($120,167) ($120,167) 256.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,283,972) ($884,895) ($764,676) $0 256.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $191,624 $191,624 $191,624 $191,624 256.6 Reduce funds by eliminating eighteen vacant positions. State General Funds ($868,424) ($868,424) ($868,424) ($868,424) 256.7 Reduce funds from operations. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 256.8 Reduce funds for advertising from the Clean Air Campaign contract. State General Funds ($180,000) ($180,000) ($180,000) ($180,000) 256.9 Reduce funds from the Emergency Response Network and eliminate two vacant positions. State General Funds ($347,064) ($347,064) ($347,064) ($347,064) 256.10 Reduce funds for two land protection positions and fund with existing agency funds. (H:Provide funds for one environmental engineer and one geologist to maintain full staff for permitting) State General Funds ($179,000) ($179,000) $0 ($179,000) 256.11 Reduce funds from water quality testing contracts by using the Environmental Protection Division laboratory. State General Funds ($235,400) ($235,400) ($235,400) ($235,400) 256.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($148,838) ($148,838) ($148,838) 256.13 Reduce funds from travel. State General Funds ($200,000) $0 256.14 Reduce funds provided in HB990 (FY09G) to assist the Metropolitan North Georgia Water Planning District with updating plans. State General Funds ($100,000) WEDNESDAY, APRIL 1, 2009 3525 256.99 SAC: The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. State General Funds $0 256.100-Environmental Protection Appropriation (HB 119) The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. TOTAL STATE FUNDS $28,798,719 $29,048,958 $29,148,177 $29,833,853 State General Funds $28,798,719 $29,048,958 $29,148,177 $29,833,853 TOTAL FEDERAL FUNDS $23,517,774 $23,517,774 $23,517,774 $23,517,774 Federal Funds Not Itemized $23,517,774 $23,517,774 $23,517,774 $23,517,774 TOTAL AGENCY FUNDS $66,713,023 $66,713,023 $66,713,023 $66,713,023 Sales and Services $66,713,023 $66,713,023 $66,713,023 $66,713,023 Sales and Services Not Itemized $66,713,023 $66,713,023 $66,713,023 $66,713,023 TOTAL PUBLIC FUNDS $119,029,516 $119,279,755 $119,378,974 $120,064,650 3526 JOURNAL OF THE SENATE Hazardous Waste Trust Fund Continuation Budget 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 $7,600,000 State General Funds $7,600,000 $7,600,000 $7,600,000 $7,600,000 TOTAL PUBLIC FUNDS $7,600,000 $7,600,000 $7,600,000 $7,600,000 257.1 Reduce unobligated funds. State General Funds ($858,000) ($858,000) ($858,000) ($858,000) 257.2 Reduce funds by eliminating three vacant environmental engineer positions. State General Funds ($186,018) ($186,018) ($186,018) ($186,018) 257.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($33,883) ($33,883) ($33,883) 257.4 Reduce funds from operations. State General Funds ($3,325,000) 257.99 SAC: The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet the ten percent cost-sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation. State General Funds $0 257.100-Hazardous Waste Trust Fund Appropriation (HB 119) The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet the ten percent cost-sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation. TOTAL STATE FUNDS $6,555,982 $6,522,099 $6,522,099 $3,197,099 State General Funds $6,555,982 $6,522,099 $6,522,099 $3,197,099 TOTAL PUBLIC FUNDS $6,555,982 $6,522,099 $6,522,099 $3,197,099 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 $2,176,447 $2,176,447 $2,176,447 $2,176,447 State General Funds $2,176,447 $2,176,447 $2,176,447 $2,176,447 WEDNESDAY, APRIL 1, 2009 3527 TOTAL FEDERAL FUNDS $1,007,287 $1,007,287 $1,007,287 $1,007,287 Federal Funds Not Itemized $1,007,287 $1,007,287 $1,007,287 $1,007,287 TOTAL PUBLIC FUNDS $3,183,734 $3,183,734 $3,183,734 $3,183,734 258.1 Defer the FY09 cost of living adjustment. State General Funds ($17,990) ($17,990) ($17,990) ($17,990) 258.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($67,329) ($46,382) ($40,081) $0 258.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $36,670 $36,670 $36,670 $36,670 258.4 Reduce funds from the certified local government coordinator contract. State General Funds ($42,000) ($42,000) ($42,000) ($42,000) 258.5 Reduce funds and defer the Georgia Heritage Grants. State General Funds ($129,276) ($129,276) ($129,276) ($129,276) 258.6 Reduce funds from Regional Development Centers' Historic Preservation Planners. State General Funds ($32,643) ($32,643) $0 $0 258.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,943) ($9,943) ($9,943) 258.8 Reduce funds from operations. (S:Restore funds for archeology) State General Funds ($279,195) ($179,195) 258.9 Reduce funds by eliminating two vacant positions. State General Funds ($100,000) 258.99 SAC: The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research. State General Funds $0 3528 JOURNAL OF THE SENATE 258.100-Historic Preservation Appropriation (HB 119) The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research. TOTAL STATE FUNDS $1,923,879 $1,934,883 $1,694,632 $1,734,713 State General Funds $1,923,879 $1,934,883 $1,694,632 $1,734,713 TOTAL FEDERAL FUNDS $1,007,287 $1,007,287 $1,007,287 $1,007,287 Federal Funds Not Itemized $1,007,287 $1,007,287 $1,007,287 $1,007,287 TOTAL PUBLIC FUNDS $2,931,166 $2,942,170 $2,701,919 $2,742,000 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 $519,421 $519,421 $519,421 $519,421 State General Funds $519,421 $519,421 $519,421 $519,421 TOTAL PUBLIC FUNDS $519,421 $519,421 $519,421 $519,421 259.1 Defer the FY09 cost of living adjustment. State General Funds ($4,513) ($4,513) ($4,513) ($4,513) 259.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($16,894) ($11,638) ($10,057) $0 259.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $8,653 $8,653 $8,653 $8,653 259.4 Reduce funds from personnel. State General Funds ($97,793) ($97,793) 259.99 SAC: The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and conservation purposes and to validate that land upon which the state holds an easement remains in the required WEDNESDAY, APRIL 1, 2009 3529 condition. State General Funds $0 259.100-Land Conservation Appropriation (HB 119) The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and conservation purposes and to validate that land upon which the state holds an easement remains in the required condition. TOTAL STATE FUNDS $506,667 $511,923 $415,711 $425,768 State General Funds $506,667 $511,923 $415,711 $425,768 TOTAL PUBLIC FUNDS $506,667 $511,923 $415,711 $425,768 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 $27,435,429 $27,435,429 $27,435,429 $27,435,429 State General Funds $27,435,429 $27,435,429 $27,435,429 $27,435,429 TOTAL FEDERAL FUNDS $1,704,029 $1,704,029 $1,704,029 $1,704,029 Federal Funds Not Itemized $1,704,029 $1,704,029 $1,704,029 $1,704,029 TOTAL AGENCY FUNDS $41,255,239 $41,255,239 $41,255,239 $41,255,239 Contributions, Donations, and Forfeitures $300,000 $300,000 $300,000 $300,000 Contributions, Donations, and Forfeitures Not Itemized $300,000 $300,000 $300,000 $300,000 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 $38,014,102 $38,014,102 $38,014,102 $38,014,102 Sales and Services Not Itemized $38,014,102 $38,014,102 $38,014,102 $38,014,102 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 $30,000 $30,000 $30,000 Agency Funds Transfers $30,000 $30,000 $30,000 $30,000 Agency Fund Transfers Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $70,424,697 $70,424,697 $70,424,697 $70,424,697 260.1 Defer the FY09 cost of living adjustment. State General Funds ($227,227) ($227,227) ($227,227) ($227,227) 260.2 Defer salary adjustments for critical jobs. State General Funds ($21,442) ($21,442) ($21,442) ($21,442) 260.3 Defer funds to provide a special pay raise effective January 1, 2009 to address retention and compression issues for the 3530 JOURNAL OF THE SENATE 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) ($1,537,636) ($1,537,636) 260.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($850,419) ($585,844) ($506,253) $0 260.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $27,429 $27,429 $27,429 $27,429 260.6 Reduce funds received in HB990 (FY09G) for the survey of High Falls State Park. (H:Provide partial funding) State General Funds ($148,000) ($148,000) ($74,000) ($74,000) 260.7 Reduce funds received in HB990 (FY09G) to build public recreation facilities and a boat ramp at Bear Creek Reservoir. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 260.8 Reduce funds received in HB990 (FY09G) to control aquatic vegetation at Little Ocmulgee State Park. State General Funds ($25,000) ($25,000) $0 ($25,000) 260.9 Reduce funds from repairs and maintenance. State General Funds ($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000) 260.10 Reduce funds for two management and support positions and fund with existing agency funds. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 260.11 Reduce funds by eliminating one vacant position and closing the Bo Ginn Aquarium. State General Funds ($51,000) ($51,000) ($51,000) ($51,000) 260.12 Reduce funds by eliminating five positions and closing the Historic Site Region Office. State General Funds ($526,481) ($526,481) ($526,481) ($526,481) 260.13 Reduce funds and suspend operations at eight swimming pools. (H and S:Due to new federal regulations on drains, temporarily suspend operations and pursue opportunities with local communities to retrofit drains) State General Funds ($124,000) ($124,000) ($143,000) ($143,000) WEDNESDAY, APRIL 1, 2009 3531 260.14 Reduce funds from the Lodge Region Office and eliminate one position. (H:Pursue private or local community management) State General Funds ($350,000) ($350,000) ($1,501,806) $0 Sales and Services Not Itemized ($2,104,028) $0 TOTAL PUBLIC FUNDS ($3,605,834) $0 260.15 Eliminate funds for golf course operations and the golf course region office by the end of the first quarter of FY10. (H:Reflect additional reduction and aggressively pursue private or local community management) State General Funds ($1,493,199) ($1,493,199) ($2,008,734) $0 Sales and Services Not Itemized ($2,025,709) $0 TOTAL PUBLIC FUNDS ($4,034,443) $0 260.16 Reduce funds and defer opening the Suwanee River Eco-Lodge. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) Sales and Services Not Itemized ($165,000) ($165,000) ($165,000) ($165,000) TOTAL PUBLIC FUNDS ($340,000) ($340,000) ($340,000) ($340,000) 260.17 Reduce funds from appraisal contracts. State General Funds ($76,000) ($76,000) ($76,000) ($76,000) 260.18 Reduce funds designated for vehicle purchases. State General Funds ($406,798) ($406,798) ($406,798) ($406,798) 260.19 Reduce funds to reflect the revised revenue estimate. State General Funds ($94,360) ($94,360) ($94,360) 260.20 Reduce funds from the George T. Bagby lodge and golf course and Little Ocmulgee lodge and golf course by contracting with local communities. State General Funds ($602,502) $0 Sales and Services Not Itemized ($1,003,194) $0 TOTAL PUBLIC FUNDS ($1,605,696) $0 260.21 Reduce funds from operations. State General Funds ($4,113,042) Sales and Services Not Itemized $4,113,042 TOTAL PUBLIC FUNDS $0 260.99 SAC: The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites. State General Funds $0 3532 JOURNAL OF THE SENATE 260.100-Parks, Recreation and Historic Sites Appropriation (HB 119) The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites. TOTAL STATE FUNDS $18,257,656 $18,427,871 $16,317,619 $16,798,872 State General Funds $18,257,656 $18,427,871 $16,317,619 $16,798,872 TOTAL FEDERAL FUNDS $1,704,029 $1,704,029 $1,704,029 $1,704,029 Federal Funds Not Itemized $1,704,029 $1,704,029 $1,704,029 $1,704,029 TOTAL AGENCY FUNDS $41,090,239 $41,090,239 $35,957,308 $45,203,281 Contributions, Donations, and Forfeitures $300,000 $300,000 $300,000 $300,000 Contributions, Donations, and Forfeitures Not Itemized $300,000 $300,000 $300,000 $300,000 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 $37,849,102 $37,849,102 $32,716,171 $41,962,144 Sales and Services Not Itemized $37,849,102 $37,849,102 $32,716,171 $41,962,144 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 $30,000 $30,000 $30,000 Agency Funds Transfers $30,000 $30,000 $30,000 $30,000 Agency Fund Transfers Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $61,081,924 $61,252,139 $54,008,956 $63,736,182 Pollution Prevention Assistance Continuation Budget The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL FEDERAL FUNDS $96,580 $96,580 $96,580 $96,580 Federal Funds Not Itemized $96,580 $96,580 $96,580 $96,580 TOTAL AGENCY FUNDS $115,313 $115,313 $115,313 $115,313 Reserved Fund Balances $103,913 $103,913 $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 $103,913 $103,913 Sales and Services $11,400 $11,400 $11,400 $11,400 Sales and Services Not Itemized $11,400 $11,400 $11,400 $11,400 TOTAL PUBLIC FUNDS $211,893 $211,893 $211,893 $211,893 261.99 SAC: The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to WEDNESDAY, APRIL 1, 2009 3533 reduce land and water pollution, to promote resource conservation and to encourage by-product reuse and recycling. State General Funds $0 261.100-Pollution Prevention Assistance Appropriation (HB 119) The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to encourage by-product reuse and recycling. TOTAL FEDERAL FUNDS $96,580 $96,580 $96,580 $96,580 Federal Funds Not Itemized $96,580 $96,580 $96,580 $96,580 TOTAL AGENCY FUNDS $115,313 $115,313 $115,313 $115,313 Reserved Fund Balances $103,913 $103,913 $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 $103,913 $103,913 Sales and Services $11,400 $11,400 $11,400 $11,400 Sales and Services Not Itemized $11,400 $11,400 $11,400 $11,400 TOTAL PUBLIC FUNDS $211,893 $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 $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 $6,000,000 262.1 Reduce unobligated funds. State General Funds ($3,092,862) ($3,092,862) ($3,092,862) ($3,092,862) 262.2 Reduce funds from operations. State General Funds ($1,500,000) 262.99 SAC: The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs. State General Funds $0 3534 JOURNAL OF THE SENATE 262.100-Solid Waste Trust Fund Appropriation (HB 119) The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs. TOTAL STATE FUNDS $2,907,138 $2,907,138 $2,907,138 $1,407,138 State General Funds $2,907,138 $2,907,138 $2,907,138 $1,407,138 TOTAL PUBLIC FUNDS $2,907,138 $2,907,138 $2,907,138 $1,407,138 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 $37,516,647 $37,516,647 $37,516,647 $37,516,647 State General Funds $37,516,647 $37,516,647 $37,516,647 $37,516,647 TOTAL FEDERAL FUNDS $17,293,086 $17,293,086 $17,293,086 $17,293,086 Federal Funds Not Itemized $17,293,086 $17,293,086 $17,293,086 $17,293,086 TOTAL AGENCY FUNDS $14,387,700 $14,387,700 $14,387,700 $14,387,700 Contributions, Donations, and Forfeitures $4,121,409 $4,121,409 $4,121,409 $4,121,409 Contributions, Donations, and Forfeitures Not Itemized $4,121,409 $4,121,409 $4,121,409 $4,121,409 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 $10,251,041 $10,251,041 $10,251,041 $10,251,041 Sales and Services Not Itemized $10,251,041 $10,251,041 $10,251,041 $10,251,041 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $100,000 $100,000 $100,000 $100,000 Agency Funds Transfers $100,000 $100,000 $100,000 $100,000 Agency Fund Transfers Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $69,297,433 $69,297,433 $69,297,433 $69,297,433 263.1 Defer the FY09 cost of living adjustment. State General Funds ($332,523) ($332,523) ($332,523) ($332,523) 263.2 Defer 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. WEDNESDAY, APRIL 1, 2009 3535 State General Funds ($1,411,373) ($1,411,373) ($1,411,373) ($1,411,373) 263.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,244,495) ($857,319) ($740,846) $0 263.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $22,660 $22,660 $22,660 $22,660 263.5 Reduce funds received in HB990 (FY09G) to construct a campground and trail at the Berry College Wildlife Management Area (WMA). State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 263.6 Reduce funds by eliminating ten vacant law enforcement positions funded in HB990 (FY09G). State General Funds ($450,000) ($450,000) ($450,000) ($450,000) 263.7 Reduce funds due to outsourcing of License and Boat Registration Unit functions and eliminating seven related positions. State General Funds ($269,107) ($269,107) ($269,107) ($269,107) 263.8 Reduce funds designated for vehicle purchases. State General Funds ($138,407) ($138,407) ($138,407) ($138,407) 263.9 Reduce funds by eliminating one vacant position for the Lake Burton cold-water hatchery. State General Funds ($47,896) ($47,896) ($47,896) ($47,896) 263.10 Reduce funds from the Bobwhite Quail Initiative and replace with receipts from license plate sales. State General Funds ($538,163) ($538,163) ($538,163) ($538,163) 263.11 Reduce funds due to reductions in acres leased as a result of nearby state land acquisitions. (H:Decrease the initial acreage to be reduced to provide for continued access for hunting and fishing) State General Funds ($106,134) ($106,134) $0 ($106,134) 263.12 Reduce funds and return select WMAs operated on federal lands to federal management. (H:Decrease the initial acreage to be reduced to provide for continued access for hunting and fishing) State General Funds ($391,403) ($391,403) ($170,537) ($391,403) Federal Funds Not Itemized ($587,105) ($587,105) ($587,105) ($587,105) TOTAL PUBLIC FUNDS ($978,508) ($978,508) ($757,642) ($978,508) 263.13 Reduce funds from the Charlie Elliott Wildlife Center. 3536 JOURNAL OF THE SENATE State General Funds ($49,719) ($49,719) ($49,719) ($49,719) 263.14 Reduce funds by eliminating ten vacant conservation ranger positions. State General Funds ($478,960) ($478,960) ($478,960) ($478,960) 263.15 Reduce funds from contracts. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 263.16 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 263.17 Reduce funds to reflect the revised revenue estimate. State General Funds ($165,219) ($165,219) ($165,219) 263.18 Reduce funds for flathead catfish management. (S:Shift focus of project to certify private citizens to eradicate flathead catfish) State General Funds ($200,000) ($100,000) 263.19 Reduce funds received in HB85 (FY06G) and eliminate the vacant deadhead logger position. State General Funds ($50,000) ($50,000) 263.99 SAC: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. State General Funds $0 263.100-Wildlife Resources Appropriation (HB 119) The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. TOTAL STATE FUNDS $31,968,127 $32,190,084 $32,383,557 $32,897,403 State General Funds $31,968,127 $32,190,084 $32,383,557 $32,897,403 TOTAL FEDERAL FUNDS $16,705,981 $16,705,981 $16,705,981 $16,705,981 Federal Funds Not Itemized $16,705,981 $16,705,981 $16,705,981 $16,705,981 TOTAL AGENCY FUNDS $14,387,700 $14,387,700 $14,387,700 $14,387,700 Contributions, Donations, and Forfeitures $4,121,409 $4,121,409 $4,121,409 $4,121,409 Contributions, Donations, and Forfeitures Not Itemized $4,121,409 $4,121,409 $4,121,409 $4,121,409 Royalties and Rents $15,250 $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 $15,250 WEDNESDAY, APRIL 1, 2009 3537 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $63,161,808 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $63,383,765 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $63,577,238 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $64,091,084 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 $1,802,507 $1,802,507 $1,802,507 $1,802,507 State General Funds $1,802,507 $1,802,507 $1,802,507 $1,802,507 TOTAL PUBLIC FUNDS $1,802,507 $1,802,507 $1,802,507 $1,802,507 264.1 Defer the FY09 cost of living adjustment. State General Funds ($25,535) ($25,535) ($25,535) ($25,535) 264.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($47,456) ($35,057) ($30,294) $0 264.3 Reduce funds from operations. State General Funds ($172,952) ($172,952) ($172,952) ($172,952) 264.4 Reduce funds received in HB990 (FY09G) to assist the Laurens County Agriculture and Exposition Center. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 264.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,316) ($15,316) ($15,316) 264.99 SAC: The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events. State General Funds $0 3538 JOURNAL OF THE SENATE 264.100-Payments to Georgia Agricultural Exposition Authority Appropriation (HB 119) The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events. TOTAL STATE FUNDS $1,531,564 $1,528,647 $1,533,410 $1,563,704 State General Funds $1,531,564 $1,528,647 $1,533,410 $1,563,704 TOTAL PUBLIC FUNDS $1,531,564 $1,528,647 $1,533,410 $1,563,704 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 $1,124,176 $1,124,176 $1,124,176 $1,124,176 State General Funds $1,124,176 $1,124,176 $1,124,176 $1,124,176 TOTAL PUBLIC FUNDS $1,124,176 $1,124,176 $1,124,176 $1,124,176 265.1 Defer the FY09 cost of living adjustment. State General Funds ($8,168) ($8,168) ($8,168) ($8,168) 265.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($17,127) ($45,372) ($39,208) $0 265.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($54) ($54) ($54) ($54) 265.4 Reduce funds from operations. State General Funds ($109,888) ($109,888) ($109,888) ($109,888) 265.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,889) ($9,889) ($9,889) 265.6 Reduce funds received in HB95 (FY08G) for operations. State General Funds ($155,000) ($155,000) 265.7 Reduce funds received for repairs and maintenance in HB1027 (FY07G). State General Funds ($32,820) ($32,820) WEDNESDAY, APRIL 1, 2009 3539 265.8 Reduce funds from personnel received in HB990 (FY09G). State General Funds ($33,109) ($33,109) 265.99 SAC: The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and rural history and to present agriculture and rural history to the general public and school groups. State General Funds $0 265.100-Payments to Georgia Agrirama Development Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and rural history and to present agriculture and rural history to the general public and school groups. TOTAL STATE FUNDS $988,939 $950,805 $736,040 $775,248 State General Funds $988,939 $950,805 $736,040 $775,248 TOTAL PUBLIC FUNDS $988,939 $950,805 $736,040 $775,248 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 $100,000 266.1 Eliminate funds. (H and S:Reduce funds by 25%) State General Funds ($100,000) ($100,000) ($25,000) ($25,000) 266.100-Payments to Lake Allatoona Preservation Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. TOTAL STATE FUNDS $75,000 State General Funds $75,000 TOTAL PUBLIC FUNDS $75,000 $75,000 $75,000 $75,000 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 $371,964 3540 JOURNAL OF THE SENATE State General Funds $371,964 $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 $371,964 267.1 Reduce funds from operations. (H:Eliminate remaining state funds) State General Funds ($37,196) ($37,196) ($261,595) ($37,196) 267.2 Reduce funds from operations and utilize existing agency funds. State General Funds ($108,102) ($108,102) ($108,102) ($108,102) 267.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,267) ($2,267) ($2,267) 267.99 SAC: The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in an effort to generate economic stimulus in two Tier 1 counties (Crisp and Sumter) located in Southwest Georgia. State General Funds $0 267.100-Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 119) The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in an effort to generate economic stimulus in two Tier 1 counties (Crisp and Sumter) located in Southwest Georgia. TOTAL STATE FUNDS $226,666 $224,399 $224,399 State General Funds $226,666 $224,399 $224,399 TOTAL PUBLIC FUNDS $226,666 $224,399 $224,399 Georgia State Games Commission Continuation Budget TOTAL STATE FUNDS $0 $0 State General Funds $0 $0 507.1 Increase funds. State General Funds $25,000 $25,000 507.99 SAC: The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. State General Funds $0 507.100-Georgia State Games Commission Appropriation (HB 119) The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. TOTAL STATE FUNDS $25,000 State General Funds $25,000 TOTAL PUBLIC FUNDS $25,000 $25,000 $25,000 $25,000 WEDNESDAY, APRIL 1, 2009 3541 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 park's parking pass implemented by the Department. The above appropriations reflect receipts from Jekyll Island Convention Center and Golf Course - $579,346 for 16 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 16 of 20 years; last payment being made June 15, 2014. Section 33: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $58,439,590 $58,439,590 $58,439,590 $58,439,590 $58,439,590 $58,439,590 $806,050 $806,050 $806,050 $806,050 $806,050 $806,050 $59,245,640 $59,245,640 $59,245,640 $58,439,590 $58,439,590 $806,050 $806,050 $59,245,640 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $52,819,039 $51,964,369 $52,819,039 $51,964,369 $806,050 $806,050 $806,050 $806,050 $53,625,089 $52,770,419 $52,185,773 $52,185,773 $806,050 $806,050 $52,991,823 $53,417,306 $53,417,306 $806,050 $806,050 $54,223,356 Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $6,337,655 $6,337,655 State General Funds $6,337,655 $6,337,655 TOTAL PUBLIC FUNDS $6,337,655 $6,337,655 268.1 Defer the FY09 cost of living adjustment. State General Funds ($41,291) ($41,291) 268.2 Defer structure adjustments to the statewide salary plan. $6,337,655 $6,337,655 $6,337,655 ($41,291) $6,337,655 $6,337,655 $6,337,655 ($41,291) 3542 JOURNAL OF THE SENATE State General Funds ($199) ($199) ($199) ($199) 268.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($105,277) ($130,040) ($112,373) $0 268.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $204,101 $204,101 $204,101 $204,101 268.5 Reduce one-time funds received in HB990 (FY09G) for the Clemency Online Navigation System (CONS). State General Funds ($479,896) ($479,896) ($479,896) ($479,896) 268.6 Reduce funds from the Training Unit by eliminating speakers at conferences, special training courses, and employee participation in the Georgia Leadership Institute. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 268.7 Reduce funds from the Research, Evaluation, and Technology (RET) contract for hardware/software maintenance and installation services. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 268.8 Reduce funds by consolidating Lotus Notes servers and reducing the number of IT licenses required. State General Funds ($16,841) ($16,841) ($16,841) ($16,841) 268.9 Reduce funds from operations. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 268.10 Reduce funds by eliminating one vacant position in Human Resources. State General Funds ($74,682) ($74,682) ($74,682) ($74,682) 268.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($56,786) ($56,786) ($56,786) 268.12 Reduce merit system assessments from $147 to $137 per position. State General Funds ($11,516) ($607) 268.100-Board Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,678,570 $5,597,021 $5,603,172 $5,726,454 WEDNESDAY, APRIL 1, 2009 3543 State General Funds TOTAL PUBLIC FUNDS $5,678,570 $5,678,570 $5,597,021 $5,597,021 $5,603,172 $5,603,172 $5,726,454 $5,726,454 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 $11,247,418 $11,247,418 $11,247,418 $11,247,418 State General Funds $11,247,418 $11,247,418 $11,247,418 $11,247,418 TOTAL PUBLIC FUNDS $11,247,418 $11,247,418 $11,247,418 $11,247,418 269.1 Defer the FY09 cost of living adjustment. State General Funds ($120,359) ($120,359) ($120,359) ($120,359) 269.2 Defer structure adjustments to the statewide salary plan. State General Funds ($581) ($581) ($581) ($581) 269.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($306,031) ($378,016) ($326,660) $0 269.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $50,552 $50,552 $50,552 $50,552 269.5 Reduce funds from telecommunications. State General Funds ($21,858) ($21,858) ($21,858) ($21,858) 269.6 Reduce funds by eliminating two positions in the Investigations Unit. State General Funds ($54,000) ($54,000) ($54,000) ($54,000) 269.7 Reduce funds by eliminating three vacant data transcriber positions. State General Funds ($84,000) ($84,000) ($84,000) ($84,000) 269.8 Reduce funds and eliminate travel to support victims' day and regional visitors' day programs. State General Funds ($17,425) ($17,425) ($17,425) ($17,425) 269.9 Reduce funds by restructuring a position in legal services. State General Funds ($48,000) ($48,000) ($48,000) ($48,000) 3544 JOURNAL OF THE SENATE 269.10 Eliminate funds for scanner operator upgrades for the Clemency Online Navigation System (CONS). State General Funds ($59,000) ($59,000) ($59,000) ($59,000) 269.11 Transfer funds to the Parole Supervision program for pre-parole investigations. State General Funds ($3,894,213) ($3,894,213) ($3,894,213) ($3,894,213) 269.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($66,925) ($66,925) ($66,925) 269.13 Reduce merit system assessments from $147 to $137 per position. State General Funds ($13,493) 269.99 SAC: The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole, investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program. State General Funds $0 269.100-Clemency Decisions Appropriation (HB 119) The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole, investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program. TOTAL STATE FUNDS $6,692,503 $6,553,593 $6,604,949 $6,918,116 State General Funds $6,692,503 $6,553,593 $6,604,949 $6,918,116 TOTAL PUBLIC FUNDS $6,692,503 $6,553,593 $6,604,949 $6,918,116 Parole Supervision Continuation Budget The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $40,293,558 $40,293,558 $40,293,558 $40,293,558 State General Funds $40,293,558 $40,293,558 $40,293,558 $40,293,558 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $41,099,608 $41,099,608 $41,099,608 $41,099,608 270.1 Defer the FY09 cost of living adjustment. State General Funds ($385,064) ($385,064) ($385,064) ($385,064) 270.2 Defer structure adjustments to the statewide salary plan. State General Funds ($1,860) ($1,860) ($1,860) ($1,860) WEDNESDAY, APRIL 1, 2009 3545 270.3 Defer the special pay raise for parole officers, assistant chief parole officers, and chief/regional directors (manager II) to address retention and compression issues. State General Funds ($1,288,218) ($1,288,218) ($1,288,218) ($1,288,218) 270.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($964,354) ($1,191,190) ($1,029,359) $0 270.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $275,716 $275,716 $275,716 $275,716 270.6 Reduce funds from equipment. State General Funds ($7,978) ($7,978) ($7,978) ($7,978) 270.7 Reduce funds from parolee health services. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 270.8 Reduce funds from the Command College by utilizing asset forfeiture funds. State General Funds ($9,150) ($9,150) ($9,150) ($9,150) 270.9 Reduce funds from the annual Parole Training Conference. State General Funds ($86,707) ($86,707) ($86,707) ($86,707) 270.10 Reduce funds by eliminating eighteen vacant parole officer positions. State General Funds ($777,880) ($777,880) ($777,880) ($777,880) 270.11 Reduce funds from the Atlanta Parole Reporting Center. State General Funds ($92,415) ($92,415) ($92,415) ($92,415) 270.12 Reduce funds due to savings realized from GTA pricing reductions and the regulation of phone services. State General Funds ($92,400) ($92,400) ($92,400) ($92,400) 270.13 Reduce funds and central office staff travel for town hall events that solicit partnerships and resources from the faith based community to assist with offender reentry and successful reintegration. State General Funds ($8,400) ($8,400) ($8,400) ($8,400) 270.14 Transfer funds from the Clemency Decisions for pre-parole investigations. State General Funds $3,894,213 $3,894,213 $3,894,213 $3,894,213 270.15 Eliminate funds for the Residential Substance Abuse Treatment program. 3546 JOURNAL OF THE SENATE State General Funds ($721,000) ($721,000) ($721,000) ($721,000) 270.16 Reduce funds to reflect the revised revenue estimate. State General Funds ($400,080) ($400,080) ($400,080) 270.17 Transfer funds from the Clemency Decisions program for merit system assessments. State General Funds $2,791 270.18 Reduce funds by charging parolees for Global Positioning System (GPS) monitoring. State General Funds ($250,000) 270.99 SAC: The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution. State General Funds $0 270.100-Parole Supervision Appropriation (HB 119) The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution. TOTAL STATE FUNDS $40,008,061 $39,381,145 $39,542,976 $40,325,126 State General Funds $40,008,061 $39,381,145 $39,542,976 $40,325,126 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $40,814,111 $40,187,195 $40,349,026 $41,131,176 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 $560,959 $560,959 $560,959 $560,959 State General Funds $560,959 $560,959 $560,959 $560,959 TOTAL PUBLIC FUNDS $560,959 $560,959 $560,959 $560,959 271.1 Defer the FY09 cost of living adjustment. State General Funds ($5,110) ($5,110) ($5,110) ($5,110) 271.2 Defer structure adjustments to the statewide salary plan. State General Funds ($25) ($25) ($25) ($25) WEDNESDAY, APRIL 1, 2009 3547 271.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($12,311) ($15,207) ($13,141) $0 271.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,777 $5,777 $5,777 $5,777 271.5 Reduce funds and eliminate travel to support victims' days. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 271.6 Reduce funds from contracts to hire additional staff through efficiencies in private partner agreements. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 271.7 Reduce funds by eliminating one business operations position. State General Funds ($45,385) ($45,385) ($45,385) ($45,385) 271.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,399) ($4,399) ($4,399) 271.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($207) 271.99 SAC: The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state corrections system. State General Funds $0 271.100-Victim Services Appropriation (HB 119) The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state corrections system. TOTAL STATE FUNDS $439,905 $432,610 $434,676 $447,610 State General Funds $439,905 $432,610 $434,676 $447,610 TOTAL PUBLIC FUNDS $439,905 $432,610 $434,676 $447,610 3548 JOURNAL OF THE SENATE Section 34: Properties Commission, State TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $417,295 $417,295 $417,295 $417,295 State Funds Transfers $417,295 $417,295 $417,295 $417,295 Rental Payments $417,295 $417,295 $417,295 $417,295 TOTAL PUBLIC FUNDS $417,295 $417,295 $417,295 $417,295 272.98 Transfer all funds and activities to the State Properties Commission program to further support the portfolio management approach to property management. Rental Payments ($417,295) ($417,295) ($417,295) ($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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $620,444 $620,444 $620,444 $620,444 State Funds Transfers $620,444 $620,444 $620,444 $620,444 Rental Payments $620,444 $620,444 $620,444 $620,444 TOTAL PUBLIC FUNDS $620,444 $620,444 $620,444 $620,444 WEDNESDAY, APRIL 1, 2009 3549 273.98 Transfer all funds and activities from the Leasing program to further support the portfolio management approach to property management. Rental Payments $417,295 $417,295 $417,295 $417,295 273.99 SAC: The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions. State General Funds $0 273.100-Properties Commission, State Appropriation (HB 119) The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,037,739 $1,037,739 $1,037,739 $1,037,739 State Funds Transfers $1,037,739 $1,037,739 $1,037,739 $1,037,739 Rental Payments $1,037,739 $1,037,739 $1,037,739 $1,037,739 TOTAL PUBLIC FUNDS $1,037,739 $1,037,739 $1,037,739 $1,037,739 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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 504.1 Reduce funds ($111,579) by closing the Capitol Education Center, and realize savings through a reduction in utilities and the elimination of one position. Rental Payments $0 $0 $0 $0 504.2 Reduce funds ($750,387) designated for the Capitol Hill security contract due to staffing optimization, building closures, and a reduction in equipment purchases. Rental Payments $0 $0 $0 $0 504.3 Reduce funds ($815,704) designated for central energy plant usage and utility costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities. Rental Payments $0 $0 $0 $0 504.4 Reduce funds ($208,277) from contracts for temporary labor, in access control systems, and other miscellaneous contracts. Rental Payments $0 $0 $0 $0 3550 JOURNAL OF THE SENATE 504.5 Reduce funds ($749,445) designated for custodial contracts through the elimination of two cleaning days per week in state buildings, and transfer cleaning services at specific facilities to Georgia Building Authority (GBA) staff. Rental Payments $0 $0 $0 $0 504.6 Reduce funds ($161,494) from operations. Rental Payments $0 $0 $0 $0 504.7 Utilize savings ($2,796,886) for facility repairs capital projects. Rental Payments $0 $0 $0 $0 Section 35: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Continuation $40,439,957 $40,439,957 $40,439,957 $40,439,957 $40,439,957 $40,439,957 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $42,139,957 $42,139,957 $42,139,957 $40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Final $34,893,366 $34,331,113 $34,893,366 $34,331,113 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $36,593,366 $36,031,113 $41,038,315 $41,038,315 $1,700,000 $1,700,000 $42,738,315 $37,089,395 $37,089,395 $1,700,000 $1,700,000 $38,789,395 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 $7,156,568 $7,156,568 $7,156,568 $7,156,568 State General Funds $7,156,568 $7,156,568 $7,156,568 $7,156,568 TOTAL AGENCY FUNDS $1,700,000 $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income $1,700,000 $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income Not Itemized $1,700,000 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $8,856,568 $8,856,568 $8,856,568 $8,856,568 274.1 Defer the FY09 cost of living adjustment. WEDNESDAY, APRIL 1, 2009 3551 State General Funds ($75,437) ($75,437) ($75,437) ($75,437) 274.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($4,687) ($4,687) ($4,687) ($4,687) 274.3 Reduce funds by freezing vacant positions and re-organizing positions throughout the agency. State General Funds ($361,144) ($361,144) ($361,144) ($361,144) 274.4 Reduce funds from the central office by eliminating supply orders, renegotiating the Georgia Technology Authority contract, consolidating office space, and reducing the use of all state vehicles. State General Funds ($400,820) ($400,820) ($400,820) ($400,820) 274.5 Reduce funds from training except for three mandatory training classes for public defenders. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 274.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($65,557) ($65,557) ($65,557) 274.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($6,860) ($6,860) 274.8 Increase funds for all outstanding capital case liabilities over a two-year period beginning with liabilities for Fiscal Years 2005, 2006, 2007 and 2008. State General Funds $1,189,691 $0 274.100-Public Defender Standards Council Appropriation (HB 119) 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 $6,114,480 $6,048,923 $7,231,754 $6,042,063 State General Funds $6,114,480 $6,048,923 $7,231,754 $6,042,063 TOTAL AGENCY FUNDS $1,700,000 $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income $1,700,000 $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income Not Itemized $1,700,000 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $7,814,480 $7,748,923 $8,931,754 $7,742,063 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 $33,283,389 $33,283,389 $33,283,389 $33,283,389 3552 JOURNAL OF THE SENATE State General Funds $33,283,389 $33,283,389 $33,283,389 $33,283,389 TOTAL PUBLIC FUNDS $33,283,389 $33,283,389 $33,283,389 $33,283,389 275.1 Defer the FY09 cost of living adjustment. State General Funds ($342,099) ($342,099) ($342,099) ($342,099) 275.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($995,334) ($1,208,653) ($1,044,450) $0 275.3 Reduce funds from the six circuits that opt-out of the statewide public defender system by only funding the minimum amount per position and reducing payments by 6%. State General Funds ($289,552) ($289,552) ($289,552) ($289,552) 275.4 Reduce funds from circuit offices. State General Funds ($682,750) ($682,750) ($682,750) ($682,750) 275.5 Reduce funds by freezing vacant positions. State General Funds ($494,048) ($494,048) ($494,048) ($494,048) 275.6 Reduce funds from contracts in the appellate division based on anticipated need. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 275.7 Reduce funds from Conflict Offices by closing all four locations and relocating staff to the Circuit Offices. State General Funds ($154,000) ($154,000) ($154,000) ($154,000) 275.8 Reduce funds from conflict cases. (H:Provide partial funds for FY09-FY10 conflict cases) State General Funds ($1,333,333) ($1,333,333) $2,166,667 $0 275.9 Reduce funds from conflict offices by freezing two positions. State General Funds ($153,387) ($153,387) ($153,387) ($153,387) 275.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($283,377) ($283,377) ($283,377) 275.11 Increase funds for three additional Assistant Public Defenders associated with the creation of additional judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session). State General Funds $250,000 $223,156 275.12 Increase funds for all outstanding non-capital conflict liabilities over a two-year period beginning with liabilities for Fiscal Years 2005 ($97,228), 2006 ($317,446), 2007 ($612,151) and 2008 ($583,343). WEDNESDAY, APRIL 1, 2009 3553 State General Funds $1,610,168 $0 275.99 SAC: 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. House: 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 O.C.G.A. 17-12-2. Gov Rev: 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 O.C.G.A. 17-12-2. Governor: 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 O.C.G.A. 17-12-2. State General Funds $0 $0 $0 $0 275.100-Public Defenders Appropriation (HB 119) 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 $28,778,886 $28,282,190 $33,806,561 $31,047,332 State General Funds $28,778,886 $28,282,190 $33,806,561 $31,047,332 TOTAL PUBLIC FUNDS $28,778,886 $28,282,190 $33,806,561 $31,047,332 Section 36: Public Safety, 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Section Total - Continuation $135,260,351 $135,260,351 $135,260,351 $135,260,351 $135,260,351 $135,260,351 $28,604,501 $28,604,501 $28,604,501 $28,604,501 $28,604,501 $28,604,501 $17,610,178 $17,610,178 $17,610,178 $7,503,871 $7,503,871 $7,503,871 $707,000 $707,000 $707,000 $9,199,307 $9,199,307 $9,199,307 $200,000 $200,000 $200,000 $1,017,000 $1,017,000 $1,017,000 $1,017,000 $1,017,000 $1,017,000 $135,260,351 $135,260,351 $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 3554 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $182,492,030 $182,492,030 $182,492,030 $182,492,030 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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 Section Total - Final $112,830,389 $102,557,432 $112,830,389 $102,557,432 $28,604,501 $37,477,258 $8,872,757 $28,604,501 $28,604,501 $17,610,178 $17,610,178 $7,503,871 $7,503,871 $707,000 $707,000 $9,199,307 $9,199,307 $200,000 $200,000 $1,017,000 $1,017,000 $1,017,000 $1,017,000 $160,062,068 $158,661,868 $103,903,319 $103,903,319 $37,477,258 $8,872,757 $28,604,501 $17,240,178 $7,503,871 $337,000 $9,199,307 $200,000 $1,017,000 $1,017,000 $159,637,755 $103,869,803 $103,869,803 $37,960,258 $8,872,757 $29,087,501 $17,240,178 $7,503,871 $337,000 $9,199,307 $200,000 $1,017,000 $1,017,000 $160,087,239 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 $2,843,588 $2,843,588 $2,843,588 $2,843,588 State General Funds $2,843,588 $2,843,588 $2,843,588 $2,843,588 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $370,000 $370,000 $370,000 $370,000 Rebates, Refunds, and Reimbursements $370,000 $370,000 $370,000 $370,000 Rebates, Refunds, and Reimbursements Not Itemized $370,000 $370,000 $370,000 $370,000 TOTAL PUBLIC FUNDS $3,413,588 $3,413,588 $3,413,588 $3,413,588 276.1 Defer the FY09 cost of living adjustment. State General Funds ($19,149) ($19,149) ($19,149) ($19,149) 276.2 Defer structure adjustments to the statewide salary plan. State General Funds ($121) ($121) ($121) ($121) 276.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3555 (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($50,219) ($62,606) ($54,101) $0 276.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($61,042) ($61,042) ($61,042) ($61,042) 276.5 Remove one-time funds realized from insurance proceeds in FY08. Rebates, Refunds, and Reimbursements Not Itemized ($370,000) ($370,000) 276.99 SAC: The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. State General Funds $0 276.100 -Aviation Appropriation (HB 119) The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. TOTAL STATE FUNDS $2,713,057 $2,700,670 $2,709,175 $2,763,276 State General Funds $2,713,057 $2,700,670 $2,709,175 $2,763,276 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $370,000 $370,000 Rebates, Refunds, and Reimbursements $370,000 $370,000 Rebates, Refunds, and Reimbursements Not Itemized $370,000 $370,000 TOTAL PUBLIC FUNDS $3,283,057 $3,270,670 $2,909,175 $2,963,276 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. 3556 JOURNAL OF THE SENATE TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 TOTAL AGENCY FUNDS $7,503,871 $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers $7,503,871 $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers Not Itemized $7,503,871 $7,503,871 $7,503,871 $7,503,871 TOTAL PUBLIC FUNDS $7,503,871 $7,503,871 $7,503,871 $7,503,871 277.99 SAC: The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol. Intergovernmental Transfers Not Itemized $0 277.100-Capitol Police Services Appropriation (HB 119) The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol. TOTAL AGENCY FUNDS $7,503,871 $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers $7,503,871 $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers Not Itemized $7,503,871 $7,503,871 $7,503,871 $7,503,871 TOTAL PUBLIC FUNDS $7,503,871 $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 $9,023,817 $9,023,817 $9,023,817 $9,023,817 State General Funds $9,023,817 $9,023,817 $9,023,817 $9,023,817 TOTAL FEDERAL FUNDS $15,571 $15,571 $15,571 $15,571 Federal Funds Not Itemized $15,571 $15,571 $15,571 $15,571 TOTAL PUBLIC FUNDS $9,039,388 $9,039,388 $9,039,388 $9,039,388 278.1 Defer the FY09 cost of living adjustment. State General Funds ($84,536) ($84,536) ($84,537) ($84,537) 278.2 Defer structure adjustments to the statewide salary plan. State General Funds ($535) ($535) ($535) ($535) 278.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3557 (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($221,699) ($276,383) ($238,835) $0 278.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($135,002) ($135,002) ($135,002) ($135,002) 278.5 Reduce funds by assigning five security officers to the Capitol Police. State General Funds ($196,840) ($196,840) ($196,840) ($196,840) 278.6 Reduce funds and defer filling three vacant administrative positions. State General Funds ($282,441) ($282,441) ($282,441) ($282,441) 278.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($18,317) ($18,317) 278.100-Departmental Administration Appropriation (HB 119) 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 $8,102,764 $8,048,080 $8,067,310 $8,306,145 State General Funds $8,102,764 $8,048,080 $8,067,310 $8,306,145 TOTAL FEDERAL FUNDS $15,571 $15,571 $15,571 $15,571 Federal Funds Not Itemized $15,571 $15,571 $15,571 $15,571 TOTAL PUBLIC FUNDS $8,118,335 $8,063,651 $8,082,881 $8,321,716 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 $1,511,025 $1,511,025 $1,511,025 $1,511,025 State General Funds $1,511,025 $1,511,025 $1,511,025 $1,511,025 TOTAL PUBLIC FUNDS $1,511,025 $1,511,025 $1,511,025 $1,511,025 279.1 Defer the FY09 cost of living adjustment. State General Funds ($17,435) ($17,435) ($17,435) ($17,435) 3558 JOURNAL OF THE SENATE 279.2 Defer structure adjustments to the statewide salary plan. State General Funds ($111) ($111) ($111) ($111) 279.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($45,726) ($57,005) ($49,260) $0 279.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($5,400) ($5,400) ($5,400) ($5,400) 279.99 SAC: The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important individuals as determined by the Commissioner. State General Funds $0 279.100-Executive Security Services Appropriation (HB 119) The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important individuals as determined by the Commissioner. TOTAL STATE FUNDS $1,442,353 $1,431,074 $1,438,819 $1,488,079 State General Funds $1,442,353 $1,431,074 $1,438,819 $1,488,079 TOTAL PUBLIC FUNDS $1,442,353 $1,431,074 $1,438,819 $1,488,079 Field Offices and Services Continuation Budget 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 $90,670,897 $90,670,897 $90,670,897 $90,670,897 State General Funds $90,670,897 $90,670,897 $90,670,897 $90,670,897 TOTAL FEDERAL FUNDS $3,118,316 $3,118,316 $3,118,316 $3,118,316 Federal Funds Not Itemized $3,118,316 $3,118,316 $3,118,316 $3,118,316 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 $1,252,400 WEDNESDAY, APRIL 1, 2009 3559 Rebates, Refunds, and Reimbursements $337,000 $337,000 $337,000 $337,000 Rebates, Refunds, and Reimbursements Not Itemized $337,000 $337,000 $337,000 $337,000 Sales and Services $715,400 $715,400 $715,400 $715,400 Sales and Services Not Itemized $715,400 $715,400 $715,400 $715,400 Sanctions, Fines, and Penalties $200,000 $200,000 $200,000 $200,000 Sanctions, Fines, and Penalties Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $95,041,613 $95,041,613 $95,041,613 $95,041,613 280.1 Defer the FY09 cost of living adjustment. State General Funds ($732,603) ($732,603) ($732,603) ($732,603) 280.2 Defer structure adjustments to the statewide salary plan. State General Funds ($4,639) ($4,639) ($4,639) ($4,639) 280.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,921,292) ($2,395,209) ($2,069,804) $0 280.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($735,491) ($735,491) ($735,491) ($735,491) 280.5 Reduce one-time funds received in HB990 (FY09G) for the computer-aided dispatch system and computer terminals in patrol vehicles. State General Funds ($1,549,566) ($1,549,566) ($1,549,566) ($1,549,566) 280.6 Reduce funds to reflect savings realized from the consolidation of communication centers and by eliminating twelve vacant and forty-three filled radio operator positions. State General Funds ($2,034,465) ($2,034,465) ($2,034,465) ($2,034,465) 280.7 Reduce funds from vacant trooper positions. State General Funds ($654,035) ($654,035) ($654,035) ($654,035) 280.8 Reduce funds associated with ten additional troopers assigned to the Atlanta Motorcycle Unit and fund with citation revenue. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 280.9 Reduce funds by temporarily freezing trooper promotions resulting in attrition among officer ranks of corporal through captain. 3560 JOURNAL OF THE SENATE State General Funds ($230,902) ($230,902) ($230,902) ($230,902) 280.10 Reduce funds by utilizing forty troopers in the Motor Carrier Compliance Division (MCCD) to provide increased commercial vehicle speed and compliance enforcement. State General Funds ($2,592,978) ($2,592,978) ($2,592,978) ($2,592,978) 280.11 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel, and changing the uniform replacement policy. State General Funds ($1,645,725) ($1,645,725) ($1,645,725) ($1,645,725) 280.12 Reduce funds from the private security contract and assign twenty-two troopers positions in the Capitol Police to be funded with Georgia Building Authority rental revenue. State General Funds ($1,426,138) ($1,426,138) ($1,426,138) ($1,426,138) 280.13 Eliminate funds for the 86th Trooper School. State General Funds ($2,847,456) ($2,847,456) ($2,847,456) ($2,847,456) 280.14 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($8,872,757) ($8,872,757) ($8,872,757) American Recovery and Reinvestment Act of 2009 $8,872,757 $8,872,757 $8,872,757 TOTAL PUBLIC FUNDS $0 $0 $0 280.15 Reduce funds to reflect the revised revenue estimate. State General Funds ($494,465) ($494,465) 280.16 Increase funds to replace twenty-three trooper vehicles with over 135,000 miles. State General Funds $483,000 $0 Federal Funds Not Itemized $483,000 TOTAL PUBLIC FUNDS $483,000 280.17 Reduce funds from the 85th Trooper School. State General Funds ($1,500,000) 280.99 SAC: The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit. State General Funds $0 280.100-Field Offices and Services Appropriation (HB 119) The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction WEDNESDAY, APRIL 1, 2009 3561 Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit. TOTAL STATE FUNDS $74,165,607 $64,818,933 $65,132,873 $65,219,677 State General Funds $74,165,607 $64,818,933 $65,132,873 $65,219,677 TOTAL FEDERAL FUNDS $3,118,316 $11,991,073 $11,991,073 $12,474,073 American Recovery and Reinvestment Act of 2009 $8,872,757 $8,872,757 $8,872,757 Federal Funds Not Itemized $3,118,316 $3,118,316 $3,118,316 $3,601,316 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 $1,252,400 Rebates, Refunds, and Reimbursements $337,000 $337,000 $337,000 $337,000 Rebates, Refunds, and Reimbursements Not Itemized $337,000 $337,000 $337,000 $337,000 Sales and Services $715,400 $715,400 $715,400 $715,400 Sales and Services Not Itemized $715,400 $715,400 $715,400 $715,400 Sanctions, Fines, and Penalties $200,000 $200,000 $200,000 $200,000 Sanctions, Fines, and Penalties Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $78,536,323 $78,062,406 $78,376,346 $78,946,150 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 $8,278,923 $8,278,923 $8,278,923 $8,278,923 State General Funds $8,278,923 $8,278,923 $8,278,923 $8,278,923 TOTAL FEDERAL FUNDS $6,550,143 $6,550,143 $6,550,143 $6,550,143 Federal Funds Not Itemized $6,550,143 $6,550,143 $6,550,143 $6,550,143 TOTAL AGENCY FUNDS $6,510,227 $6,510,227 $6,510,227 $6,510,227 Sales and Services $6,510,227 $6,510,227 $6,510,227 $6,510,227 Sales and Services Not Itemized $6,510,227 $6,510,227 $6,510,227 $6,510,227 TOTAL PUBLIC FUNDS $21,339,293 $21,339,293 $21,339,293 $21,339,293 281.1 Defer the FY09 cost of living adjustment. State General Funds ($143,942) ($143,942) ($143,942) ($143,942) 281.2 Defer structure adjustments to the statewide salary plan. State General Funds ($911) ($911) ($911) ($911) 281.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of 3562 JOURNAL OF THE SENATE State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($377,494) ($446,079) ($385,476) $0 281.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($135,177) ($135,177) ($135,177) ($135,177) 281.5 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel, and changing the uniform replacement policy. State General Funds ($488,044) ($488,044) ($488,044) ($488,044) 281.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($494,465) $0 $0 281.99 SAC: The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and criminal laws through the Department of Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High Occupancy Vehicle lane use restriction enforcement. State General Funds $0 281.100-Motor Carrier Compliance Appropriation (HB 119) The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and criminal laws through the Department of Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High Occupancy Vehicle lane use restriction enforcement. TOTAL STATE FUNDS $7,133,355 $6,570,305 $7,125,373 $7,510,849 State General Funds $7,133,355 $6,570,305 $7,125,373 $7,510,849 TOTAL FEDERAL FUNDS $6,550,143 $6,550,143 $6,550,143 $6,550,143 Federal Funds Not Itemized $6,550,143 $6,550,143 $6,550,143 $6,550,143 TOTAL AGENCY FUNDS $6,510,227 $6,510,227 $6,510,227 $6,510,227 Sales and Services $6,510,227 $6,510,227 $6,510,227 $6,510,227 Sales and Services Not Itemized $6,510,227 $6,510,227 $6,510,227 $6,510,227 TOTAL PUBLIC FUNDS $20,193,725 $19,630,675 $20,185,743 $20,571,219 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 WEDNESDAY, APRIL 1, 2009 3563 investigators and properly document evidence in collisions to be used for successful court prosecution. TOTAL STATE FUNDS $3,106,754 $3,106,754 $3,106,754 $3,106,754 State General Funds $3,106,754 $3,106,754 $3,106,754 $3,106,754 TOTAL PUBLIC FUNDS $3,106,754 $3,106,754 $3,106,754 $3,106,754 282.1 Defer the FY09 cost of living adjustment. State General Funds ($29,122) ($29,122) ($29,122) ($29,122) 282.2 Defer structure adjustments to the statewide salary plan. State General Funds ($184) ($184) ($184) ($184) 282.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($76,373) ($95,212) ($82,277) $0 282.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($5,400) ($5,400) ($5,400) ($5,400) 282.99 SAC: The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for complex crash and crime scene investigations upon request. State General Funds $0 282.100-Specialized Collision Reconstruction Team Appropriation (HB 119) The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for complex crash and crime scene investigations upon request. TOTAL STATE FUNDS $2,995,675 $2,976,836 $2,989,771 $3,072,048 State General Funds $2,995,675 $2,976,836 $2,989,771 $3,072,048 TOTAL PUBLIC FUNDS $2,995,675 $2,976,836 $2,989,771 $3,072,048 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 3564 JOURNAL OF THE SENATE breath-alcohol program for the State of Georgia. TOTAL STATE FUNDS $2,595,107 $2,595,107 $2,595,107 $2,595,107 State General Funds $2,595,107 $2,595,107 $2,595,107 $2,595,107 TOTAL PUBLIC FUNDS $2,595,107 $2,595,107 $2,595,107 $2,595,107 283.1 Defer the FY09 cost of living adjustment. State General Funds ($29,482) ($29,482) ($29,482) ($29,482) 283.2 Defer structure adjustments to the statewide salary plan. State General Funds ($187) ($187) ($187) ($187) 283.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($77,319) ($96,391) ($83,296) $0 283.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($4,050) ($4,050) ($4,050) ($4,050) 283.5 Reduce funds and defer filling three vacant administrative positions. State General Funds ($143,893) ($143,893) ($143,893) ($143,893) 283.6 Reduce funds from the Safety Education Unit. State General Funds ($1,297,554) 283.99 SAC: The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the Georgia Strategic Highway Safety Plan and DPS Field Operations through educational outreach efforts, enforcement activities, and emergency response to public safety incidents. State General Funds $0 283.100-Troop J Specialty Units Appropriation (HB 119) The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the Georgia Strategic Highway Safety Plan and DPS Field Operations through WEDNESDAY, APRIL 1, 2009 3565 educational outreach efforts, enforcement activities, and emergency response to public safety incidents. TOTAL STATE FUNDS $2,340,176 $2,321,104 $2,334,199 State General Funds $2,340,176 $2,321,104 $2,334,199 TOTAL PUBLIC FUNDS $2,340,176 $2,321,104 $2,334,199 $1,119,941 $1,119,941 $1,119,941 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 $857,156 $857,156 $857,156 $857,156 State General Funds $857,156 $857,156 $857,156 $857,156 TOTAL PUBLIC FUNDS $857,156 $857,156 $857,156 $857,156 284.1 Defer the FY09 cost of living adjustment. State General Funds ($7,728) ($7,728) ($7,728) ($7,728) 284.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($18,364) ($24,547) ($21,212) $0 284.3 Reduce funds paid to instructors. State General Funds ($83,106) ($83,106) ($83,106) ($83,106) 284.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,480) ($7,480) ($7,480) 284.100-Firefighter Standards and Training Council, Georgia Appropriation (HB 119) 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 $747,958 $734,295 $737,630 $758,842 State General Funds $747,958 $734,295 $737,630 $758,842 TOTAL PUBLIC FUNDS $747,958 $734,295 $737,630 $758,842 3566 JOURNAL OF THE SENATE 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 $623,503 $623,503 $623,503 $623,503 State General Funds $623,503 $623,503 $623,503 $623,503 TOTAL FEDERAL FUNDS $17,233,729 $17,233,729 $17,233,729 $17,233,729 Federal Funds Not Itemized $17,233,729 $17,233,729 $17,233,729 $17,233,729 TOTAL PUBLIC FUNDS $17,857,232 $17,857,232 $17,857,232 $17,857,232 285.1 Defer the FY09 cost of living adjustment. State General Funds ($2,009) ($2,009) ($2,009) ($2,009) 285.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,480) ($13,669) ($11,812) $0 285.3 Reduce funds and defer filling one vacant administration manager position. State General Funds ($61,901) ($61,901) ($61,901) ($61,901) 285.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,571) ($5,571) ($5,571) 285.5 Reduce funds from operations. State General Funds ($100,000) 285.100-Highway Safety, Office of Appropriation (HB 119) 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 $557,113 $540,353 $542,210 $454,022 State General Funds $557,113 $540,353 $542,210 $454,022 TOTAL FEDERAL FUNDS $17,233,729 $17,233,729 $17,233,729 $17,233,729 Federal Funds Not Itemized $17,233,729 $17,233,729 $17,233,729 $17,233,729 TOTAL PUBLIC FUNDS $17,790,842 $17,774,082 $17,775,939 $17,687,751 WEDNESDAY, APRIL 1, 2009 3567 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 $2,910,146 $2,910,146 $2,910,146 $2,910,146 State General Funds $2,910,146 $2,910,146 $2,910,146 $2,910,146 TOTAL PUBLIC FUNDS $2,910,146 $2,910,146 $2,910,146 $2,910,146 286.1 Defer the FY09 cost of living adjustment. State General Funds ($19,369) ($19,369) ($19,369) ($19,369) 286.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($51,695) ($61,307) ($52,978) $0 286.3 Reduce one-time funds received in HB990 (FY09G) for the contract with the Georgia Sheriffs' Association to deliver training associated with the Sex Offender Registration Act, jail services to counties, and training for fifty newly elected sheriffs. State General Funds ($435,652) ($435,652) ($435,652) ($435,652) 286.4 Reduce funds by eliminating one vacant audit position. State General Funds ($38,475) ($38,475) ($38,475) ($38,475) 286.5 Reduce funds through attrition. State General Funds ($72,044) ($72,044) ($72,044) ($72,044) 286.6 Reduce funds and utilize funds in the revenue account. State General Funds ($69,244) ($69,244) ($69,244) ($69,244) 286.7 Reduce funds from the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police contracts. State General Funds ($67,115) ($67,115) ($67,115) ($67,115) 286.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($21,566) ($21,566) ($21,566) 286.99 SAC: 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, certify individuals when all requirements are met, to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and 3568 JOURNAL OF THE SENATE sanction these individuals' by disciplining officers and public safety professionals when necessary. State General Funds $0 286.100-Peace Officer Standards and Training Council, Georgia Appropriation (HB 119) 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, certify individuals when all requirements are met, 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 $2,156,552 $2,125,374 $2,133,703 $2,186,681 State General Funds $2,156,552 $2,125,374 $2,133,703 $2,186,681 TOTAL PUBLIC FUNDS $2,156,552 $2,125,374 $2,133,703 $2,186,681 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 $12,839,435 $12,839,435 $12,839,435 $12,839,435 State General Funds $12,839,435 $12,839,435 $12,839,435 $12,839,435 TOTAL FEDERAL FUNDS $1,486,742 $1,486,742 $1,486,742 $1,486,742 Federal Funds Not Itemized $1,486,742 $1,486,742 $1,486,742 $1,486,742 TOTAL AGENCY FUNDS $1,973,680 $1,973,680 $1,973,680 $1,973,680 Sales and Services $1,973,680 $1,973,680 $1,973,680 $1,973,680 Sales and Services Not Itemized $1,973,680 $1,973,680 $1,973,680 $1,973,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,017,000 $1,017,000 $1,017,000 $1,017,000 State Funds Transfers $1,017,000 $1,017,000 $1,017,000 $1,017,000 Agency to Agency Contracts $1,017,000 $1,017,000 $1,017,000 $1,017,000 TOTAL PUBLIC FUNDS $17,316,857 $17,316,857 $17,316,857 $17,316,857 287.1 Defer the FY09 cost of living adjustment. State General Funds ($101,284) ($101,284) ($101,284) ($101,284) 287.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,353) ($2,353) ($2,353) ($2,353) 287.3 Defer salary adjustments for critical jobs. State General Funds ($59,702) ($59,702) ($59,702) ($59,702) 287.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3569 (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($264,222) ($344,835) ($297,987) $0 287.5 Reduce funds by discontinuing free meals for students receiving training. State General Funds ($1,383,844) ($1,383,844) ($1,383,844) ($1,383,844) 287.6 Reduce and defer funds received in HB95 (FY08G) to offer the Fire Officer Executive Supervision program. (H and S:Restore program) State General Funds ($500,000) ($500,000) ($145,000) ($145,000) 287.7 Reduce funds by eliminating individual dorm phone lines. State General Funds ($24,631) ($24,631) ($24,631) ($24,631) 287.8 Reduce funds by switching from mailers to post cards for student course notification. State General Funds ($7,600) ($7,600) ($7,600) ($7,600) 287.9 Reduce funds by eliminating gym staff evening hours. State General Funds ($7,200) ($7,200) ($7,200) ($7,200) 287.10 Reduce funds and postpone the availability of public safety diver and smoke diver specialty courses. State General Funds ($12,820) ($12,820) ($12,820) ($12,820) 287.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($104,758) ($104,758) ($104,758) 287.99 SAC: The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and the Georgia Fire Academy. State General Funds $0 287.100-Public Safety Training Center, Georgia Appropriation (HB 119) The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and the Georgia Fire Academy. TOTAL STATE FUNDS $10,475,779 $10,290,408 $10,692,256 $10,990,243 State General Funds $10,475,779 $10,290,408 $10,692,256 $10,990,243 TOTAL FEDERAL FUNDS $1,486,742 $1,486,742 $1,486,742 $1,486,742 3570 JOURNAL OF THE SENATE Federal Funds Not Itemized 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 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $14,953,201 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $14,767,830 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $15,169,678 Section 37: Public Service Commission 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 $10,348,009 $10,348,009 $10,348,009 $10,348,009 $10,348,009 $10,348,009 $600,000 $600,000 $600,000 $600,000 $600,000 $600,000 $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 $11,018,009 $11,018,009 $11,018,009 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 $9,485,655 $9,329,417 $9,485,655 $9,329,417 $600,000 $600,000 $600,000 $600,000 $70,000 $70,000 $70,000 $70,000 $10,155,655 $9,999,417 $9,470,255 $9,470,255 $600,000 $600,000 $70,000 $70,000 $10,140,255 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 $1,282,864 $1,282,864 $1,282,864 State General Funds $1,282,864 $1,282,864 $1,282,864 TOTAL AGENCY FUNDS $70,000 $70,000 $70,000 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $15,467,665 $10,348,009 $10,348,009 $600,000 $600,000 $70,000 $70,000 $11,018,009 $9,735,943 $9,735,943 $600,000 $600,000 $70,000 $70,000 $10,405,943 $1,282,864 $1,282,864 $70,000 WEDNESDAY, APRIL 1, 2009 3571 Sales and Services $70,000 $70,000 $70,000 $70,000 Sales and Services Not Itemized $70,000 $70,000 $70,000 $70,000 TOTAL PUBLIC FUNDS $1,352,864 $1,352,864 $1,352,864 $1,352,864 288.1 Defer the FY09 cost of living adjustment. State General Funds ($13,167) ($13,167) ($13,167) ($13,167) 288.2 Defer structure adjustments to the statewide salary plan. State General Funds ($615) ($615) ($615) ($615) 288.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($36,912) ($46,113) ($39,848) $0 288.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,167 $1,167 $1,167 $1,167 288.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,505) ($13,505) ($13,505) 288.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($933) ($933) 288.100-Commission Administration Appropriation (HB 119) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,233,337 $1,210,631 $1,215,963 State General Funds $1,233,337 $1,210,631 $1,215,963 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 $1,303,337 $1,280,631 $1,285,963 $1,255,811 $1,255,811 $70,000 $70,000 $70,000 $1,325,811 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 3572 JOURNAL OF THE SENATE Georgia. TOTAL STATE FUNDS $867,604 $867,604 $867,604 $867,604 State General Funds $867,604 $867,604 $867,604 $867,604 TOTAL FEDERAL FUNDS $600,000 $600,000 $600,000 $600,000 Federal Funds Not Itemized $600,000 $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $1,467,604 $1,467,604 $1,467,604 $1,467,604 289.1 Defer the FY09 cost of living adjustment. State General Funds ($8,541) ($8,541) ($8,541) ($8,541) 289.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($36,912) ($46,113) ($39,848) $0 289.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $961 $961 $961 $961 289.99 SAC: The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections. State General Funds $0 289.100-Facility Protection Appropriation (HB 119) The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections. TOTAL STATE FUNDS $823,112 $813,911 $820,176 $860,024 State General Funds $823,112 $813,911 $820,176 $860,024 TOTAL FEDERAL FUNDS $600,000 $600,000 $600,000 $600,000 Federal Funds Not Itemized $600,000 $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $1,423,112 $1,413,911 $1,420,176 $1,460,024 Utilities Regulation Continuation Budget The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. WEDNESDAY, APRIL 1, 2009 3573 TOTAL STATE FUNDS $8,197,541 $8,197,541 $8,197,541 $8,197,541 State General Funds $8,197,541 $8,197,541 $8,197,541 $8,197,541 TOTAL PUBLIC FUNDS $8,197,541 $8,197,541 $8,197,541 $8,197,541 290.1 Defer the FY09 cost of living adjustment. State General Funds ($77,195) ($77,195) ($77,195) ($77,195) 290.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($172,254) ($215,233) ($185,992) $0 290.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,003 $2,003 $2,003 $2,003 290.4 Reduce funds from vacant, co-op, and temporary positions. State General Funds ($321,549) ($321,549) ($321,549) ($321,549) 290.5 Reduce funds used for replacing obsolete equipment, printing and publication, travel, and other operations. State General Funds ($199,340) ($199,340) ($199,340) ($199,340) 290.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($81,352) ($81,352) ($81,352) 290.7 Increase funds for the use of subject matter experts (SME). State General Funds $100,000 $100,000 290.99 SAC: The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers. State General Funds $0 290.100-Utilities Regulation Appropriation (HB 119) The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers. 3574 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,429,206 $7,429,206 $7,429,206 $7,304,875 $7,304,875 $7,304,875 $7,434,116 $7,434,116 $7,434,116 $7,620,108 $7,620,108 $7,620,108 Section 38: 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 Section Total - Continuation $2,300,517,851 $2,300,517,851 $2,300,517,851 $2,278,680,052 $2,278,680,052 $2,278,680,052 $21,837,799 $21,837,799 $21,837,799 $3,133,078,721 $3,133,078,721 $3,133,078,721 $3,625,810 $3,625,810 $3,625,810 $1,692,492,806 $1,692,492,806 $1,692,492,806 $85,607,963 $85,607,963 $85,607,963 $1,351,352,142 $1,351,352,142 $1,351,352,142 $5,433,596,572 $5,433,596,572 $5,433,596,572 $2,300,517,851 $2,278,680,052 $21,837,799 $3,133,078,721 $3,625,810 $1,692,492,806 $85,607,963 $1,351,352,142 $5,433,596,572 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $2,198,464,428 $2,083,977,507 $2,181,204,962 $2,066,718,041 $17,259,466 $17,259,466 $92,617,896 $92,617,896 $3,133,129,721 $3,133,129,721 $3,625,810 $3,625,810 $1,692,492,806 $1,692,492,806 $85,658,963 $85,658,963 $1,351,352,142 $1,351,352,142 $5,331,594,149 $5,309,725,124 $2,082,901,320 $2,065,641,854 $17,259,466 $92,617,896 $92,617,896 $3,133,129,721 $3,625,810 $1,692,492,806 $85,658,963 $1,351,352,142 $5,308,648,937 $2,075,176,394 $2,057,916,928 $17,259,466 $92,617,896 $92,617,896 $3,133,129,721 $3,625,810 $1,692,492,806 $85,658,963 $1,351,352,142 $5,300,924,011 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. WEDNESDAY, APRIL 1, 2009 3575 TOTAL STATE FUNDS $17,891,736 $17,891,736 $17,891,736 $17,891,736 State General Funds $17,891,736 $17,891,736 $17,891,736 $17,891,736 TOTAL AGENCY FUNDS $12,975,000 $12,975,000 $12,975,000 $12,975,000 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 $5,100,000 $5,100,000 $5,100,000 $5,100,000 Sales and Services Not Itemized $5,100,000 $5,100,000 $5,100,000 $5,100,000 TOTAL PUBLIC FUNDS $30,866,736 $30,866,736 $30,866,736 $30,866,736 291.1 Annualize the cost of the FY09 salary adjustment. State General Funds $111,320 $111,320 $111,320 $111,320 291.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($61,719) ($61,719) ($61,719) ($61,719) 291.3 Reduce funds by eliminating three filled positions. State General Funds ($239,542) ($239,542) ($239,542) ($239,542) 291.4 Reduce funds by eliminating five vacant positions. State General Funds ($325,346) ($325,346) ($325,346) ($325,346) 291.5 Reduce funds from operations. State General Funds ($524,766) ($524,766) ($524,766) ($524,766) 291.6 Reduce funds from the capital seed fund. (H:Restore funds) State General Funds ($5,000,000) ($5,000,000) $0 ($5,000,000) 291.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $54,172 $54,172 $54,172 $54,172 291.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($119,059) ($119,059) ($119,059) 291.99 SAC: The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best- business practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses. State General Funds $0 291.100 Advanced Institute Technology Development Center/Economic Development Appropriation (HB 119) The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs 3576 JOURNAL OF THE SENATE for entrepreneurs and innovative businesses. 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 $11,905,855 $11,905,855 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,880,855 $11,786,796 $11,786,796 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,761,796 $16,786,796 $16,786,796 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $29,761,796 $11,786,796 $11,786,796 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,761,796 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 $45,245,958 $45,245,958 $45,245,958 $45,245,958 State General Funds $45,245,958 $45,245,958 $45,245,958 $45,245,958 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 $37,552,919 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 $2,446,064 $2,446,064 $2,446,064 $2,446,064 Rebates, Refunds, and Reimbursements Not Itemized $2,446,064 $2,446,064 $2,446,064 $2,446,064 Sales and Services $8,501,879 $8,501,879 $8,501,879 $8,501,879 Sales and Services Not Itemized $8,501,879 $8,501,879 $8,501,879 $8,501,879 TOTAL PUBLIC FUNDS $82,798,877 $82,798,877 $82,798,877 $82,798,877 292.1 Annualize the cost of the FY09 salary adjustment. State General Funds $409,648 $409,648 $409,648 $409,648 292.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($306,415) ($306,415) ($306,415) ($306,415) 292.3 Reduce funds by eliminating forty-one vacant positions. State General Funds ($2,612,577) ($2,612,577) ($2,612,577) ($2,612,577) 292.4 Reduce funds from operations. State General Funds ($332,000) ($332,000) ($332,000) ($332,000) 292.5 Reduce funds received in HB990 (FY09G) for maintenance and operations. WEDNESDAY, APRIL 1, 2009 3577 State General Funds ($700,000) ($700,000) ($700,000) ($700,000) 292.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $234,958 $234,958 $234,958 $234,958 292.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($419,396) ($419,396) ($419,396) 292.99 SAC: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness. State General Funds $0 292.100-Agricultural Experiment Station Appropriation (HB 119) The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness. TOTAL STATE FUNDS $41,939,572 $41,520,176 $41,520,176 $41,520,176 State General Funds $41,939,572 $41,520,176 $41,520,176 $41,520,176 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 $37,552,919 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 $2,446,064 $2,446,064 $2,446,064 $2,446,064 Rebates, Refunds, and Reimbursements Not Itemized $2,446,064 $2,446,064 $2,446,064 $2,446,064 Sales and Services $8,501,879 $8,501,879 $8,501,879 $8,501,879 Sales and Services Not Itemized $8,501,879 $8,501,879 $8,501,879 $8,501,879 TOTAL PUBLIC FUNDS $79,492,491 $79,073,095 $79,073,095 $79,073,095 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 $32,323 $32,323 $32,323 $32,323 State General Funds $32,323 $32,323 $32,323 $32,323 TOTAL AGENCY FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,976,845 $4,976,845 $4,976,845 $4,976,845 293.1 Annualize the cost of the FY09 salary adjustment. 3578 JOURNAL OF THE SENATE State General Funds $32,323 $32,323 $32,323 $32,323 293.2 Transfer funds received for the FY09 cost of living adjustment to the contract within the Department of Agriculture. State General Funds ($64,646) ($64,646) ($64,646) ($64,646) 293.99 SAC: The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals. State General Funds $0 293.100-Athens and Tifton Veterinary Laboratories Appropriation (HB 119) The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals. TOTAL AGENCY FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 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 $37,835,396 $37,835,396 $37,835,396 $37,835,396 State General Funds $37,835,396 $37,835,396 $37,835,396 $37,835,396 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 $25,083,929 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 $242,272 $242,272 $242,272 $242,272 Rebates, Refunds, and Reimbursements Not Itemized $242,272 $242,272 $242,272 $242,272 Sales and Services $4,295,414 $4,295,414 $4,295,414 $4,295,414 Sales and Services Not Itemized $4,295,414 $4,295,414 $4,295,414 $4,295,414 TOTAL PUBLIC FUNDS $62,919,325 $62,919,325 $62,919,325 $62,919,325 294.1 Annualize the cost of the FY09 salary adjustment. State General Funds $395,028 $395,028 $395,028 $395,028 294.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. WEDNESDAY, APRIL 1, 2009 3579 State General Funds ($350,142) ($350,142) ($350,142) ($350,142) 294.3 Reduce funds by eliminating fifty vacant positions. State General Funds ($1,754,300) ($1,754,300) ($1,754,300) ($1,754,300) 294.4 Reduce funds from operations. State General Funds ($197,000) ($197,000) ($197,000) ($197,000) 294.5 Reduce funds received in HB990 (FY09G) for maintenance and operations. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 294.6 Reduce funds by filling critical positions at the minimum salary level. State General Funds ($351,000) ($351,000) ($351,000) ($351,000) 294.7 Eliminate funds for the Formosan Termite Project. State General Funds ($165,000) ($165,000) ($165,000) ($165,000) 294.8 Eliminate funds for the Vidalia Onion Research Project. State General Funds ($200,000) ($200,000) ($200,000) $0 294.9 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $219,988 $219,988 $219,988 $219,988 294.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($351,330) ($351,330) ($351,330) 294.99 SAC: The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state. State General Funds $0 294.100-Cooperative Extension Service Appropriation (HB 119) The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state. TOTAL STATE FUNDS $35,132,970 $34,781,640 $34,781,640 $34,981,640 State General Funds $35,132,970 $34,781,640 $34,781,640 $34,981,640 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 $25,083,929 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 $242,272 $242,272 $242,272 $242,272 Rebates, Refunds, and Reimbursements Not Itemized $242,272 $242,272 $242,272 $242,272 Sales and Services $4,295,414 $4,295,414 $4,295,414 $4,295,414 Sales and Services Not Itemized $4,295,414 $4,295,414 $4,295,414 $4,295,414 3580 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $60,216,899 $59,865,569 $59,865,569 $60,065,569 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 $715,890 $715,890 $715,890 $715,890 State General Funds $715,890 $715,890 $715,890 $715,890 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 $400,000 Intergovernmental Transfers $375,988 $375,988 $375,988 $375,988 Intergovernmental Transfers Not Itemized $375,988 $375,988 $375,988 $375,988 Sales and Services $24,012 $24,012 $24,012 $24,012 Sales and Services Not Itemized $24,012 $24,012 $24,012 $24,012 TOTAL PUBLIC FUNDS $1,115,890 $1,115,890 $1,115,890 $1,115,890 295.1 Annualize the cost of the FY09 salary adjustment. State General Funds $8,224 $8,224 $8,224 $8,224 295.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($6,091) ($6,091) ($6,091) ($6,091) 295.3 Reduce funds by eliminating one vacant position. State General Funds ($59,189) ($59,189) ($59,189) ($59,189) 295.4 Reduce funds from outreach activities and operations. State General Funds ($13,222) ($13,222) ($13,222) ($13,222) 295.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $4,478 $4,478 $4,478 $4,478 295.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($6,501) ($6,501) ($6,501) 295.99 SAC: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources. State General Funds $0 295.100-Forestry Cooperative Extension Appropriation (HB 119) The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources. WEDNESDAY, APRIL 1, 2009 3581 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 $650,090 $650,090 $400,000 $375,988 $375,988 $24,012 $24,012 $1,050,090 $643,589 $643,589 $400,000 $375,988 $375,988 $24,012 $24,012 $1,043,589 $643,589 $643,589 $400,000 $375,988 $375,988 $24,012 $24,012 $1,043,589 $643,589 $643,589 $400,000 $375,988 $375,988 $24,012 $24,012 $1,043,589 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 $3,410,980 $3,410,980 $3,410,980 $3,410,980 State General Funds $3,410,980 $3,410,980 $3,410,980 $3,410,980 TOTAL AGENCY FUNDS $3,950,426 $3,950,426 $3,950,426 $3,950,426 Intergovernmental Transfers $3,400,426 $3,400,426 $3,400,426 $3,400,426 Intergovernmental Transfers Not Itemized $3,400,426 $3,400,426 $3,400,426 $3,400,426 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 $7,361,406 $7,361,406 $7,361,406 $7,361,406 296.1 Annualize the cost of the FY09 salary adjustment. State General Funds $39,525 $39,525 $39,525 $39,525 296.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($25,738) ($25,738) ($25,738) ($25,738) 296.3 Reduce funds by eliminating three vacant positions. State General Funds ($159,696) ($159,696) ($159,696) ($159,696) 296.4 Reduce funds from operations. State General Funds ($123,520) ($123,520) ($123,520) ($123,520) 296.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $21,763 $21,763 $21,763 $21,763 296.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($31,633) ($31,633) ($31,633) 3582 JOURNAL OF THE SENATE 296.99 SAC: The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations. State General Funds $0 296.100-Forestry Research Appropriation (HB 119) The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations. TOTAL STATE FUNDS $3,163,314 $3,131,681 $3,131,681 $3,131,681 State General Funds $3,163,314 $3,131,681 $3,131,681 $3,131,681 TOTAL AGENCY FUNDS $3,950,426 $3,950,426 $3,950,426 $3,950,426 Intergovernmental Transfers $3,400,426 $3,400,426 $3,400,426 $3,400,426 Intergovernmental Transfers Not Itemized $3,400,426 $3,400,426 $3,400,426 $3,400,426 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 $7,113,740 $7,082,107 $7,082,107 $7,082,107 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 $1,500,000 $1,500,000 $1,500,000 $1,500,000 State General Funds $1,500,000 $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $1,500,000 $1,500,000 $1,500,000 $1,500,000 297.1 Eliminate funds received in HB990 (FY09G) for eminent scholars at Georgia Southern University and Kennesaw State University. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 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 $0 $0 $3,625,810 $0 $0 $3,625,810 WEDNESDAY, APRIL 1, 2009 3583 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 298.99 SAC: The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy. State General Funds $0 298.100-Georgia Radiation Therapy Center Appropriation (HB 119) The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy. TOTAL AGENCY FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 Georgia Tech Research Institute Continuation Budget The purpose 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 $8,052,902 $8,052,902 $8,052,902 $8,052,902 State General Funds $8,052,902 $8,052,902 $8,052,902 $8,052,902 TOTAL AGENCY FUNDS $148,917,958 $148,917,958 $148,917,958 $148,917,958 Intergovernmental Transfers $91,469,736 $91,469,736 $91,469,736 $91,469,736 Intergovernmental Transfers Not Itemized $91,469,736 $91,469,736 $91,469,736 $91,469,736 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 $14,700,000 $14,700,000 $14,700,000 $14,700,000 Sales and Services Not Itemized $14,700,000 $14,700,000 $14,700,000 $14,700,000 TOTAL PUBLIC FUNDS $156,970,860 $156,970,860 $156,970,860 $156,970,860 299.1 Annualize the cost of the FY09 salary adjustment. State General Funds $91,425 $91,425 $91,425 $91,425 299.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($336,356) ($336,356) ($336,356) ($336,356) 3584 JOURNAL OF THE SENATE 299.3 Reduce funds by eliminating two filled positions. State General Funds ($334,589) ($334,589) ($334,589) ($334,589) 299.4 Reduce funds from operations. State General Funds ($316,957) ($316,957) ($316,957) ($316,957) 299.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $32,169 $32,169 $32,169 $32,169 299.6 Eliminate funds for the start-up of the worker safety technology program. State General Funds ($141,014) ($141,014) ($141,014) ($141,014) 299.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($70,476) ($70,476) ($70,476) 299.99 SAC: The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia. State General Funds $0 299.100-Georgia Tech Research Institute Appropriation (HB 119) The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia. TOTAL STATE FUNDS $7,047,580 $6,977,104 $6,977,104 $6,977,104 State General Funds $7,047,580 $6,977,104 $6,977,104 $6,977,104 TOTAL AGENCY FUNDS $148,917,958 $148,917,958 $148,917,958 $148,917,958 Intergovernmental Transfers $91,469,736 $91,469,736 $91,469,736 $91,469,736 Intergovernmental Transfers Not Itemized $91,469,736 $91,469,736 $91,469,736 $91,469,736 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 $14,700,000 $14,700,000 $14,700,000 $14,700,000 Sales and Services Not Itemized $14,700,000 $14,700,000 $14,700,000 $14,700,000 TOTAL PUBLIC FUNDS $155,965,538 $155,895,062 $155,895,062 $155,895,062 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 $994,601 $994,601 $994,601 $994,601 WEDNESDAY, APRIL 1, 2009 3585 State General Funds $994,601 $994,601 $994,601 $994,601 TOTAL AGENCY FUNDS $435,281 $435,281 $435,281 $435,281 Intergovernmental Transfers $367,648 $367,648 $367,648 $367,648 Intergovernmental Transfers Not Itemized $367,648 $367,648 $367,648 $367,648 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 $1,429,882 $1,429,882 $1,429,882 $1,429,882 300.1 Annualize the cost of the FY09 salary adjustment. State General Funds $8,708 $8,708 $8,708 $8,708 300.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($6,608) ($6,608) ($6,608) ($6,608) 300.3 Reduce funds by eliminating five vacant positions. State General Funds ($43,831) ($43,831) ($43,831) ($43,831) 300.4 Reduce funds from operations. State General Funds ($5,500) ($5,500) ($5,500) ($5,500) 300.5 Replace funds and increase the overnight visit fee by 60%, and the resident housing facility fee for utilities, charge additional fees for the use of vehicle and truck fuel usage reimbursement, and effective September 1, 2008 begin charging residents 100% of their power bill. State General Funds ($51,000) ($51,000) ($51,000) ($51,000) Rebates, Refunds, and Reimbursements Not Itemized $51,000 $51,000 $51,000 $51,000 TOTAL PUBLIC FUNDS $0 $0 $0 $0 300.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $4,271 $4,271 $4,271 $4,271 300.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,006) ($9,006) ($9,006) 300.99 SAC: The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast. State General Funds $0 300.100-Marine Institute Appropriation (HB 119) The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia 3586 JOURNAL OF THE SENATE coastline and to provide access and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast. TOTAL STATE FUNDS $900,641 $891,635 $891,635 $891,635 State General Funds $900,641 $891,635 $891,635 $891,635 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 $367,648 Intergovernmental Transfers Not Itemized $367,648 $367,648 $367,648 $367,648 Rebates, Refunds, and Reimbursements $118,633 $118,633 $118,633 $118,633 Rebates, Refunds, and Reimbursements Not Itemized $118,633 $118,633 $118,633 $118,633 TOTAL PUBLIC FUNDS $1,386,922 $1,377,916 $1,377,916 $1,377,916 Marine Resources Extension Center Continuation Budget The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,628,349 $1,628,349 $1,628,349 $1,628,349 State General Funds $1,628,349 $1,628,349 $1,628,349 $1,628,349 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $760,729 $760,729 $760,729 $760,729 Intergovernmental Transfers Not Itemized $760,729 $760,729 $760,729 $760,729 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 $90,000 Sales and Services $494,800 $494,800 $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 $494,800 $494,800 TOTAL PUBLIC FUNDS $2,973,878 $2,973,878 $2,973,878 $2,973,878 301.1 Annualize the cost of the FY09 salary adjustment. State General Funds $16,316 $16,316 $16,316 $16,316 301.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($9,496) ($9,496) ($9,496) ($9,496) 301.3 Reduce funds by eliminating two positions. State General Funds ($98,680) ($98,680) ($98,680) ($98,680) 301.4 Reduce funds from operations. State General Funds ($65,555) ($65,555) ($65,555) ($65,555) 301.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $9,110 $9,110 $9,110 $9,110 WEDNESDAY, APRIL 1, 2009 3587 301.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($14,800) ($14,800) ($14,800) 301.99 SAC: The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. State General Funds $0 301.100-Marine Resources Extension Center Appropriation (HB 119) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,480,044 $1,465,244 $1,465,244 $1,465,244 State General Funds $1,480,044 $1,465,244 $1,465,244 $1,465,244 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $760,729 $760,729 $760,729 $760,729 Intergovernmental Transfers Not Itemized $760,729 $760,729 $760,729 $760,729 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 $90,000 Sales and Services $494,800 $494,800 $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 $494,800 $494,800 TOTAL PUBLIC FUNDS $2,825,573 $2,810,773 $2,810,773 $2,810,773 Medical College of Georgia Hospital and Clinics Continuation Budget The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS $33,921,721 $33,921,721 $33,921,721 $33,921,721 State General Funds $33,921,721 $33,921,721 $33,921,721 $33,921,721 TOTAL PUBLIC FUNDS $33,921,721 $33,921,721 $33,921,721 $33,921,721 302.1 Annualize the cost of the FY09 salary adjustment. State General Funds $343,591 $343,591 $343,591 $343,591 302.99 SAC: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care. State General Funds $0 302.100-Medical College of Georgia Hospital and Clinics Appropriation (HB 119) The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal 3588 JOURNAL OF THE SENATE intensive, and emergency and express care. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $34,265,312 $34,265,312 $34,265,312 $34,265,312 $34,265,312 $34,265,312 $34,265,312 $34,265,312 $34,265,312 $34,265,312 $34,265,312 $34,265,312 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 $906,390 $906,390 $906,390 $906,390 State General Funds $906,390 $906,390 $906,390 $906,390 TOTAL PUBLIC FUNDS $906,390 $906,390 $906,390 $906,390 303.98 Transfer all funds and activities to the Small Business Development Center Public Service Institute in the Teaching program. State General Funds ($906,390) ($906,390) ($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 $16,087,799 $16,087,799 $16,087,799 $16,087,799 State General Funds $0 $0 $0 $0 Tobacco Settlement Funds $16,087,799 $16,087,799 $16,087,799 $16,087,799 TOTAL PUBLIC FUNDS $16,087,799 $16,087,799 $16,087,799 $16,087,799 304.1 Reduce funds from coalition operations. Tobacco Settlement Funds ($145,000) ($145,000) ($145,000) ($145,000) 304.2 Reduce funds from the Regional Cancer Coalition. State General Funds $150,000 $0 Tobacco Settlement Funds ($150,000) ($150,000) ($150,000) ($150,000) TOTAL PUBLIC FUNDS $0 ($150,000) 304.3 Eliminate funds for the Quality Information Exchange. Tobacco Settlement Funds ($4,283,333) ($4,283,333) ($4,283,333) ($4,283,333) 304.99 SAC: The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention. State General Funds $0 304.100-Payments to the Georgia Cancer Coalition Appropriation (HB 119) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention. WEDNESDAY, APRIL 1, 2009 3589 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $11,509,466 $11,509,466 $11,509,466 $11,509,466 $11,509,466 $11,509,466 $11,659,466 $150,000 $11,509,466 $11,659,466 $11,509,466 $11,509,466 $11,509,466 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 $41,748,655 $41,748,655 $41,748,655 $41,748,655 State General Funds $41,748,655 $41,748,655 $41,748,655 $41,748,655 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 $46,271,055 $46,271,055 $46,271,055 $46,271,055 305.1 Annualize the cost of the FY09 salary adjustment. State General Funds $259,116 $259,116 $259,116 $259,116 305.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($7,291) ($7,291) ($7,291) ($7,291) 305.3 Reduce funds by eliminating one staff position. State General Funds ($106,400) ($106,400) ($106,400) ($106,400) 305.4 Reduce funds from operations. State General Funds ($560,842) ($560,842) ($560,842) ($560,842) 305.5 Reduce funds from public library state grants. State General Funds ($1,793,380) ($1,793,380) ($1,793,380) ($1,793,380) 305.6 Reduce funds from the public library state grants by eliminating major repair and rehabilitation (MRR) funds. State General Funds ($900,000) ($900,000) ($900,000) ($900,000) 305.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $21,683 $21,683 $21,683 $21,683 305.8 Increase funds for the New Directions formula based on an increase in state population. State General Funds $245,573 $245,573 $245,573 $245,573 305.9 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) 3590 JOURNAL OF THE SENATE State General Funds ($18,409) ($7,548) $0 305.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($389,071) ($389,071) ($389,071) 305.99 SAC: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs. State General Funds $0 305.100-Public Libraries Appropriation (HB 119) The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs. TOTAL STATE FUNDS $38,907,114 $38,499,634 $38,510,495 $38,518,043 State General Funds $38,907,114 $38,499,634 $38,510,495 $38,518,043 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 $43,429,514 $43,022,034 $43,032,895 $43,040,443 Public Service / Special Funding Initiatives Continuation Budget The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS $52,665,927 $52,665,927 State General Funds $47,665,927 $47,665,927 Tobacco Settlement Funds $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $52,665,927 $52,665,927 306.1 Annualize the cost of the FY09 salary adjustment. State General Funds $357,680 $357,680 306.2 Reduce funds from Salary Annualizer. State General Funds ($1,940,840) ($1,940,840) 306.3 Reduce funds from Accountability Plus operations. State General Funds ($64,008) ($64,008) 306.4 Reduce funds from the Fort Valley State University land grant match. State General Funds ($30,932) ($30,932) 306.5 Reduce funds from GALILEO. State General Funds ($339,500) ($339,500) $52,665,927 $47,665,927 $5,000,000 $52,665,927 $357,680 ($1,940,840) ($64,008) ($30,932) ($339,500) $52,665,927 $47,665,927 $5,000,000 $52,665,927 $357,680 ($1,940,840) ($64,008) ($30,932) ($339,500) WEDNESDAY, APRIL 1, 2009 3591 306.6 Reduce funds from GAMES. (S:Eliminate funds for GAMES) State General Funds ($37,500) ($37,500) ($37,500) ($375,000) 306.7 Reduce funds from Georgia Gwinnett College. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000) 306.8 Reduce funds from Griffin Extension Teaching. State General Funds ($91,200) ($91,200) ($91,200) ($91,200) 306.9 Reduce funds from Historically Black Colleges and Universities (HBCU) operations. State General Funds ($208,227) ($208,227) ($208,227) ($208,227) 306.10 Reduce funds from the Intellectual Capital Partnership Program (ICAPP). (S:Eliminate funds for ICAPP) State General Funds ($448,139) ($448,139) ($448,139) ($4,481,389) 306.11 Reduce funds from ICAPP Health. (S:Eliminate funds for ICAPP Health) State General Funds ($82,006) ($82,006) ($82,006) ($820,055) 306.12 Reduce funds from the Leadership Institute. (S:Restore funds for Georgia's Leadership Institute for School Improvement (GLISI) and transition to self-sufficiency) State General Funds ($1,384,561) ($1,384,561) ($1,384,561) ($684,561) 306.13 Reduce funds from Medical College of Georgia (MCG) Mission Related research activities. State General Funds ($268,900) ($268,900) ($268,900) ($5,689,000) 306.14 Reduce funds from MCG Nurse Anesthetist program. State General Funds ($36,133) ($36,133) ($36,133) ($36,133) 306.15 Reduce funds from P-16 through the consolidation and elimination of certain functions providing support and services to institutions, schools, faculty, teachers, and students. (S:Eliminate funds) State General Funds ($96,286) ($96,286) ($96,286) ($734,855) 306.16 Eliminate funds for the Enhancing Access initiative. State General Funds ($182,360) ($182,360) ($182,360) ($182,360) 306.17 Eliminate funds for the Georgia College and State University Liberal Arts Mission. State General Funds ($1,237,275) ($1,237,275) ($1,237,275) $0 306.18 Eliminate funds for the North Georgia College and State University Leadership Initiative. State General Funds ($600,079) ($600,079) ($600,079) $0 306.19 Eliminate one-time funds for the Medical College of Georgia Mission Related Special Funding Initiative. (H:Restore funds) State General Funds ($5,000,000) ($5,000,000) $0 ($5,000,000) 306.20 Reduce funds from the Washington Center for Internships. State General Funds ($45,000) ($45,000) ($45,000) ($45,000) 306.21 Reduce funds from the Oxford Study Abroad Program. 3592 JOURNAL OF THE SENATE State General Funds ($75,000) ($75,000) ($75,000) ($25,000) 306.22 Reduce funds from ICAPP Health to collect data on nursing educators. State General Funds ($27,430) ($27,430) ($27,430) $0 306.23 Eliminate one-time funds for the data mart. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 306.24 Reduce funds to reflect the revised revenue estimate. State General Funds ($335,282) ($335,282) $0 306.25 Increase funds for library books needed for accreditation ($1,000,000) and for ten additional faculty to accommodate growing enrollment ($1,000,000) at Georgia Gwinnett College. State General Funds $2,000,000 $2,000,000 306.99 SAC: The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. State General Funds $0 306.100-Public Service / Special Funding Initiatives Appropriation (HB 119) The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. TOTAL STATE FUNDS $38,528,231 $38,192,949 $45,192,949 $31,975,547 State General Funds $33,528,231 $33,192,949 $40,192,949 $26,975,547 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $38,528,231 $38,192,949 $45,192,949 $31,975,547 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 $7,981,264 $7,981,264 $7,981,264 $7,981,264 State General Funds $7,981,264 $7,981,264 $7,981,264 $7,981,264 TOTAL PUBLIC FUNDS $7,981,264 $7,981,264 $7,981,264 $7,981,264 307.1 Defer the FY09 cost of living adjustment. State General Funds ($74,640) ($74,640) ($74,640) ($74,640) 307.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($21,262) ($21,262) ($21,262) ($21,262) 307.3 Reduce funds from payments to the Southern Regional Education Board by reducing the number of slots for students studying WEDNESDAY, APRIL 1, 2009 3593 optometry and begin a four-year phase out of slots for students studying osteopathic medicine. State General Funds ($123,235) ($123,235) ($123,235) ($123,235) 307.4 Reduce funds from personnel. State General Funds ($337,446) ($337,446) ($337,446) ($337,446) 307.5 Reduce funds from operations. State General Funds ($337,445) ($337,445) ($337,445) ($337,445) 307.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $44,057 $44,057 $44,057 $44,057 307.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($71,313) ($71,313) ($71,313) 307.8 Reduce funds to reflect savings from HB700 (2009 Session). State General Funds ($2,100,000) $0 307.99 SAC: The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board. State General Funds $0 307.100-Regents Central Office Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board. TOTAL STATE FUNDS $7,131,293 $7,059,980 $4,959,980 $7,059,980 State General Funds $7,131,293 $7,059,980 $4,959,980 $7,059,980 TOTAL PUBLIC FUNDS $7,131,293 $7,059,980 $4,959,980 $7,059,980 Research Consortium Continuation Budget The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $32,183,995 $32,183,995 $32,183,995 State General Funds $31,433,995 $31,433,995 $31,433,995 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $32,183,995 $32,183,995 $32,183,995 308.1 Annualize the cost of the FY09 salary adjustment. State General Funds $175,171 $175,171 $175,171 308.2 Reduce funds from personnel. State General Funds ($158,309) ($158,309) ($158,309) $32,183,995 $31,433,995 $750,000 $32,183,995 $175,171 ($158,309) 3594 JOURNAL OF THE SENATE 308.3 Reduce funds from operations. State General Funds ($3,301,983) ($3,301,983) ($3,031,983) ($3,301,983) 308.4 Eliminate funds for the Georgia Environmental Partnership. State General Funds ($711,620) ($711,620) ($711,620) ($711,620) 308.5 Eliminate funds for the Traditional Industries activity. (S:Restore funds for forestry, textile, and biomass projects) State General Funds ($3,114,511) ($3,114,511) ($3,114,511) ($1,500,000) 308.6 Reduce funds from the Vaccine Initiative Collaboration grants. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 308.7 Reduce funds from the Technology Partnership grants. State General Funds ($710,413) ($710,413) ($710,413) ($710,413) 308.8 Eliminate funds for the Bio-Refinery. State General Funds ($400,000) ($400,000) ($400,000) $0 308.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($222,123) ($222,123) ($222,123) 308.10 Increase funds for the Food Processing/Research Initiative of the Traditional Industries Program. State General Funds $1,500,000 $1,500,000 308.99 SAC: The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies. State General Funds $0 308.100-Research Consortium Appropriation (HB 119) The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies. TOTAL STATE FUNDS $22,962,330 $22,740,207 $24,510,207 $26,254,718 WEDNESDAY, APRIL 1, 2009 3595 State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $22,212,330 $750,000 $22,962,330 $21,990,207 $750,000 $22,740,207 $23,760,207 $750,000 $24,510,207 $25,504,718 $750,000 $26,254,718 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 $1,756,972 $1,756,972 $1,756,972 $1,756,972 State General Funds $1,756,972 $1,756,972 $1,756,972 $1,756,972 TOTAL AGENCY FUNDS $4,645,000 $4,645,000 $4,645,000 $4,645,000 Intergovernmental Transfers $3,500,000 $3,500,000 $3,500,000 $3,500,000 Intergovernmental Transfers Not Itemized $3,500,000 $3,500,000 $3,500,000 $3,500,000 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 $6,401,972 $6,401,972 $6,401,972 $6,401,972 309.1 Annualize the cost of the FY09 salary adjustment. State General Funds $14,423 $14,423 $14,423 $14,423 309.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($24,055) ($24,055) ($24,055) ($24,055) 309.3 Reduce funds by eliminating one filled position. State General Funds ($72,500) ($72,500) ($72,500) ($72,500) 309.4 Reduce funds by eliminating one vacant position. State General Funds ($46,324) ($46,324) ($46,324) ($46,324) 309.5 Reduce funds by capping the employer premium for employee health insurance at the employer premium level paid for employee Preferred Provider Organization (PPO) health insurance. State General Funds ($22,888) ($22,888) ($22,888) ($22,888) 309.6 Reduce funds designated for new and replacement research equipment purchases. State General Funds ($35,428) ($35,428) ($35,428) ($35,428) 309.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $9,543 $9,543 $9,543 $9,543 309.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,797) ($15,797) ($15,797) 3596 JOURNAL OF THE SENATE 309.99 SAC: The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. State General Funds $0 309.100-Skidaway Institute of Oceanography Appropriation (HB 119) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,579,743 $1,563,946 $1,563,946 $1,563,946 State General Funds $1,579,743 $1,563,946 $1,563,946 $1,563,946 TOTAL AGENCY FUNDS $4,645,000 $4,645,000 $4,645,000 $4,645,000 Intergovernmental Transfers $3,500,000 $3,500,000 $3,500,000 $3,500,000 Intergovernmental Transfers Not Itemized $3,500,000 $3,500,000 $3,500,000 $3,500,000 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 $6,224,743 $6,208,946 $6,208,946 $6,208,946 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 $322,377 $322,377 $322,377 $322,377 State General Funds $322,377 $322,377 $322,377 $322,377 TOTAL PUBLIC FUNDS $322,377 $322,377 $322,377 $322,377 310.1 Eliminate funds. State General Funds ($322,377) ($322,377) ($322,377) ($222,377) 310.100-Student Education Enrichment Program Appropriation (HB 119) The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $100,000 State General Funds $100,000 TOTAL PUBLIC FUNDS $100,000 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. WEDNESDAY, APRIL 1, 2009 3597 TOTAL STATE FUNDS $1,970,307,554 $1,970,307,554 $1,970,307,554 $1,970,307,554 State General Funds $1,970,307,554 $1,970,307,554 $1,970,307,554 $1,970,307,554 TOTAL AGENCY FUNDS $2,875,057,996 $2,875,057,996 $2,875,057,996 $2,875,057,996 Intergovernmental Transfers $1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138 Intergovernmental Transfers Not Itemized $1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138 Rebates, Refunds, and Reimbursements $40,013,772 $40,013,772 $40,013,772 $40,013,772 Rebates, Refunds, and Reimbursements Not Itemized $40,013,772 $40,013,772 $40,013,772 $40,013,772 Sales and Services $1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086 Sales and Services Not Itemized $1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086 TOTAL PUBLIC FUNDS $4,845,365,550 $4,845,365,550 $4,845,365,550 $4,845,365,550 311.1 Annualize the cost of the FY09 salary adjustment. State General Funds $22,046,660 $22,046,660 $22,046,660 $22,046,660 311.2 Reduce funds from the Carl Vinson Institute of Government. State General Funds ($584,170) ($584,170) ($584,170) ($584,170) 311.3 Reduce funds from the Fiscal Research Center. State General Funds ($50,666) ($50,666) ($50,666) ($50,666) 311.4 Reduce funds from the Georgia Center for Communications. State General Funds ($17,446) ($17,446) ($17,446) ($17,446) 311.5 Reduce funds from the Health Policy Center. State General Funds ($23,076) ($23,076) ($23,076) ($23,076) 311.6 Reduce funds from the Institute of Higher Education. (S:Eliminate the Institute of Higher Education) State General Funds ($223,142) ($223,142) ($223,142) ($2,231,419) 311.7 Reduce funds from the Rusk Center. State General Funds ($46,653) ($46,653) ($46,653) ($46,653) 311.8 Reduce funds from the Small Business Development Center. State General Funds ($359,111) ($359,111) ($359,111) ($359,111) 311.9 Reduce funds from the University Press. State General Funds ($97,870) ($97,870) ($97,870) ($97,870) 311.10 Reduce funds from the A.L. Burress Institute. State General Funds ($13,209) ($13,209) ($13,209) ($13,209) 311.11 Increase funds for Resident Instruction based on a 4% increase in credit hours ($79,372,501), maintenance and operations based on an increase in square footage ($9,562,873), retiree funding ($5,768,742), and health insurance ($14,978,876). (H and S:Reduce health insurance increase by $1,000,000.) 3598 JOURNAL OF THE SENATE State General Funds $109,682,992 $109,682,992 $108,682,992 $108,682,992 311.12 Reduce funds from Resident Instruction. (H:Provide for an additional reduction) State General Funds ($184,493,021) ($184,493,021) ($199,756,809) ($194,298,489) 311.13 Increase funds for the Medical College of Georgia for faculty and operating expenses to expand the medical school's capacity. State General Funds $7,751,276 $7,751,276 $7,751,276 $7,751,276 311.14 Reduce funds to offset new admissions fee at the Bamboo Farm. State General Funds ($180,000) ($180,000) ($180,000) ($180,000) 311.15 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $5,016,655 $5,016,655 $5,016,655 $5,016,655 311.16 Reduce funds for the Strengthening Georgia's Families and Communities Initiative at UGA ($250,000), the UGA School of Ecology ($50,000), the South Georgia Regional Education Consortium ($25,000), Georgia Tech Regional Engineering Program ($1,000,000), the Georgia Aviation College Transfer Initiative ($3,691,765), one-time funding for Georgia Partnership for Reform in Science and Mathematics ($600,000), one-time funds for a Lottery Study ($250,000), and Kennesaw State University Disadvantaged Youth Program ($200,000). (S:Restore funds for the Georgia Aviation College Transfer Initiative) State General Funds ($6,066,765) ($6,066,765) ($6,066,765) ($2,375,000) 311.17 Reduce funds for Georgia Tech Regional Engineering Program Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton College-Cordele Roof Repair ($75,000), Georgia Southern IT Program ($1,828,418), UGA-Aquarium ($780,000), Center for High Angular Resolution Astronomy Array ($220,000), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000). (H and S:Restore funds for the Georgia Southern IT Program ($1,828,418), the for UGA-Aquarium ($1,400,000), and the CHARA-Array ($75,000)) State General Funds ($4,888,698) ($4,888,698) ($1,585,280) ($1,585,280) 311.18 Reduce funds to reflect the revised revenue estimate. State General Funds ($19,529,330) ($19,529,330) ($19,529,330) 311.19 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds ($92,617,896) ($92,617,896) ($92,617,896) American Recovery and Reinvestment Act of 2009 $92,617,896 $92,617,896 $92,617,896 TOTAL PUBLIC FUNDS $0 $0 $0 311.20 Reduce funds from the Early College program. State General Funds ($1,200,000) 311.98 Transfer all funds and activities from the Office of Minority Business Enterprises program to the Small Business Development WEDNESDAY, APRIL 1, 2009 3599 Center Public Service Institute. State General Funds $906,390 $906,390 $906,390 $906,390 311.99 SAC: The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student instruction and to establish and operate other initiatives that promote, support, or extend student learning. State General Funds $0 311.100 -Teaching Appropriation (HB 119) The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student instruction and to establish and operate other initiatives that promote, support, or extend student learning. TOTAL STATE FUNDS $1,918,667,700 $1,806,520,474 $1,793,560,104 $1,799,501,912 State General Funds $1,918,667,700 $1,806,520,474 $1,793,560,104 $1,799,501,912 TOTAL FEDERAL FUNDS $92,617,896 $92,617,896 $92,617,896 American Recovery and Reinvestment Act of 2009 $92,617,896 $92,617,896 $92,617,896 TOTAL AGENCY FUNDS $2,875,057,996 $2,875,057,996 $2,875,057,996 $2,875,057,996 Intergovernmental Transfers $1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138 Intergovernmental Transfers Not Itemized $1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138 Rebates, Refunds, and Reimbursements $40,013,772 $40,013,772 $40,013,772 $40,013,772 Rebates, Refunds, and Reimbursements Not Itemized $40,013,772 $40,013,772 $40,013,772 $40,013,772 Sales and Services $1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086 Sales and Services Not Itemized $1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086 TOTAL PUBLIC FUNDS $4,793,725,696 $4,774,196,366 $4,761,235,996 $4,767,177,804 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 $3,504,264 $3,504,264 $3,504,264 $3,504,264 State General Funds $3,504,264 $3,504,264 $3,504,264 $3,504,264 TOTAL PUBLIC FUNDS $3,504,264 $3,504,264 $3,504,264 $3,504,264 312.1 Annualize the cost of the FY09 salary adjustment. State General Funds $32,149 $32,149 $32,149 $32,149 312.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. 3600 JOURNAL OF THE SENATE State General Funds ($24,218) ($24,218) ($24,218) ($24,218) 312.3 Reduce funds by eliminating seven vacant positions. State General Funds ($134,237) ($134,237) ($134,237) ($134,237) 312.4 Reduce funds from research projects. State General Funds ($207,699) ($207,699) ($207,699) $0 312.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $17,213 $17,213 $17,213 $17,213 312.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($31,875) ($31,875) ($31,875) 312.99 SAC: The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention. State General Funds $0 312.100-Veterinary Medicine Experiment Station Appropriation (HB 119) The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention. TOTAL STATE FUNDS $3,187,472 $3,155,597 $3,155,597 $3,363,296 State General Funds $3,187,472 $3,155,597 $3,155,597 $3,363,296 TOTAL PUBLIC FUNDS $3,187,472 $3,155,597 $3,155,597 $3,363,296 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 $568,339 $568,339 $568,339 $568,339 State General Funds $568,339 $568,339 $568,339 $568,339 TOTAL AGENCY FUNDS $9,621,951 $9,621,951 $9,621,951 $9,621,951 Sales and Services $9,621,951 $9,621,951 $9,621,951 $9,621,951 Sales and Services Not Itemized $9,621,951 $9,621,951 $9,621,951 $9,621,951 TOTAL PUBLIC FUNDS $10,190,290 $10,190,290 $10,190,290 $10,190,290 313.1 Annualize the cost of the FY09 salary adjustment. State General Funds $3,656 $3,656 $3,656 $3,656 WEDNESDAY, APRIL 1, 2009 3601 313.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($31,051) ($31,051) ($31,051) ($31,051) 313.3 Reduce funds by eliminating two vacant positions. State General Funds ($57,200) ($57,200) ($57,200) $0 313.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $2,210 $2,210 $2,210 $2,210 313.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,860) ($4,860) ($4,860) 313.99 SAC: The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation. State General Funds $0 313.100-Veterinary Medicine Teaching Hospital Appropriation (HB 119) The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation. TOTAL STATE FUNDS $485,954 $481,094 $481,094 $538,294 State General Funds $485,954 $481,094 $481,094 $538,294 TOTAL AGENCY FUNDS $9,621,951 $9,621,951 $9,621,951 $9,621,951 Sales and Services $9,621,951 $9,621,951 $9,621,951 $9,621,951 Sales and Services Not Itemized $9,621,951 $9,621,951 $9,621,951 $9,621,951 TOTAL PUBLIC FUNDS $10,107,905 $10,103,045 $10,103,045 $10,160,245 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 $3,062,916 $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 $3,062,916 314.1 Reduce funds from the Preparatory School. State General Funds ($204,308) ($204,308) ($204,308) 314.2 Reduce funds from the Junior College. $3,062,916 $3,062,916 $3,062,916 ($204,308) 3602 JOURNAL OF THE SENATE State General Funds ($101,984) ($101,984) ($101,984) ($101,984) 314.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($21,043) ($8,628) $0 314.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($27,566) ($27,566) ($27,566) 314.99 SAC: The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school. State General Funds $0 314.100-Payments to Georgia Military College Appropriation (HB 119) The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school. TOTAL STATE FUNDS $2,756,624 $2,708,015 $2,720,430 $2,729,058 State General Funds $2,756,624 $2,708,015 $2,720,430 $2,729,058 TOTAL PUBLIC FUNDS $2,756,624 $2,708,015 $2,720,430 $2,729,058 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 $18,191,543 $18,191,543 $18,191,543 $18,191,543 State General Funds $18,191,543 $18,191,543 $18,191,543 $18,191,543 TOTAL PUBLIC FUNDS $18,191,543 $18,191,543 $18,191,543 $18,191,543 315.1 Defer the FY09 cost of living adjustment. State General Funds ($102,859) ($102,859) ($102,859) ($102,859) 315.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($300,805) ($318,329) ($275,082) $0 WEDNESDAY, APRIL 1, 2009 3603 315.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $105,041 $105,041 $105,041 $105,041 315.4 Reduce funds from personnel and operations. State General Funds ($1,629,797) ($1,629,797) ($1,629,797) ($1,629,797) 315.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($162,631) ($162,631) ($162,631) 315.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($2,340) ($2,340) 315.99 SAC: The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives. State General Funds $0 315.100-Payments to Public Telecommunications Commission, Georgia Appropriation (HB 119) The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives. TOTAL STATE FUNDS $16,263,123 $16,082,968 $16,123,875 $16,398,957 State General Funds $16,263,123 $16,082,968 $16,123,875 $16,398,957 TOTAL PUBLIC FUNDS $16,263,123 $16,082,968 $16,123,875 $16,398,957 Section 39: Revenue, Department of Section Total - Continuation 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 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 3604 JOURNAL OF THE SENATE 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 - Final $112,844,753 $111,633,621 $112,694,753 $111,483,621 $150,000 $150,000 $397,422 $397,422 $397,422 $397,422 $21,817,779 $21,817,779 $2,895,700 $2,895,700 $4,342,000 $4,342,000 $14,580,079 $14,580,079 $135,059,954 $133,848,822 $104,504,143 $104,354,143 $150,000 $397,422 $397,422 $21,817,779 $2,895,700 $4,342,000 $14,580,079 $126,719,344 $116,131,087 $115,981,087 $150,000 $397,422 $397,422 $11,410,135 $11,410,135 $127,938,644 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 $11,464,238 $11,464,238 $11,464,238 $11,464,238 State General Funds $11,464,238 $11,464,238 $11,464,238 $11,464,238 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 $13,574,373 $13,574,373 $13,574,373 $13,574,373 316.1 Defer the FY09 cost of living adjustment. State General Funds ($101,204) ($101,204) ($101,204) ($101,204) 316.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($281,823) ($369,988) ($319,723) $0 316.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($73,908) ($73,908) ($73,908) ($73,908) WEDNESDAY, APRIL 1, 2009 3605 316.4 Reduce funds by eliminating five vacant positions. State General Funds ($332,218) ($332,218) ($332,218) ($332,218) 316.5 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($83,188) ($83,188) ($83,188) ($83,188) 316.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($119,518) ($119,518) ($119,518) 316.7 Reduce funds designated for telecommunications added in HB1027 (FY07G). (S:Use funds for ongoing expenses related to additional telephone line capacity at the customer service call center) State General Funds ($212,968) $0 316.97 Transfer funds and activities to the new Local Government Services program. State General Funds ($2,948,790) ($2,948,790) ($2,948,790) ($2,948,790) Sales and Services Not Itemized ($2,110,135) ($2,110,135) ($2,110,135) ($2,110,135) TOTAL PUBLIC FUNDS ($5,058,925) ($5,058,925) ($5,058,925) ($5,058,925) 316.98 Transfer funds and activities from the Revenue Processing program to implement a program structure consistent with new service delivery platforms. State General Funds $6,404,944 $6,404,944 $6,404,944 $6,404,944 316.99 SAC: The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions. State General Funds $0 316.100-Customer Service Appropriation (HB 119) The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions. TOTAL STATE FUNDS $14,048,051 $13,840,368 $13,677,665 $14,210,356 State General Funds $14,048,051 $13,840,368 $13,677,665 $14,210,356 TOTAL PUBLIC FUNDS $14,048,051 $13,840,368 $13,677,665 $14,210,356 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 $4,155,944 $4,155,944 $4,155,944 $4,155,944 State General Funds $4,155,944 $4,155,944 $4,155,944 $4,155,944 3606 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS $375,000 $375,000 $375,000 $375,000 Sales and Services $375,000 $375,000 $375,000 $375,000 Sales and Services Not Itemized $375,000 $375,000 $375,000 $375,000 TOTAL PUBLIC FUNDS $4,530,944 $4,530,944 $4,530,944 $4,530,944 317.1 Defer the FY09 cost of living adjustment. State General Funds ($66,022) ($66,022) ($66,022) ($66,022) 317.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($156,711) ($205,736) ($177,785) $0 317.3 Reduce/Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($45,149) ($45,149) ($45,149) ($45,149) 317.4 Reduce funds by eliminating one vacant position. (H:Reflect annual salary savings)(S:Reduce additional funds from operations) State General Funds ($6,618) ($6,618) ($93,618) ($93,618) 317.5 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($123,553) ($123,553) ($123,553) ($123,553) 317.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($71,321) ($71,321) ($71,321) 317.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($16,243) ($16,243) 317.98 Transfer funds and activities from the Revenue Processing and Tax Compliance programs to implement a program structure consistent with new service delivery platforms. State General Funds $4,625,143 $4,625,143 $4,625,143 $4,625,143 317.100-Departmental Administration Appropriation (HB 119) 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 $8,383,034 $8,262,688 $8,187,396 $8,365,181 WEDNESDAY, APRIL 1, 2009 3607 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,383,034 $375,000 $375,000 $375,000 $8,758,034 $8,262,688 $375,000 $375,000 $375,000 $8,637,688 $8,187,396 $375,000 $375,000 $375,000 $8,562,396 $8,365,181 $375,000 $375,000 $375,000 $8,740,181 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, 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 $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 $428,290,501 318.1 Eliminate funds for the Homeowner's Tax Relief Grant. State General Funds ($428,290,501) ($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 $4,969,234 $4,969,234 $4,969,234 $4,969,234 State General Funds $4,819,234 $4,819,234 $4,819,234 $4,819,234 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $187,422 $187,422 $187,422 $187,422 Federal Funds Not Itemized $187,422 $187,422 $187,422 $187,422 TOTAL PUBLIC FUNDS $5,156,656 $5,156,656 $5,156,656 $5,156,656 319.1 Defer the FY09 cost of living adjustment. State General Funds ($30,573) ($30,573) ($30,573) ($30,573) 319.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) 3608 JOURNAL OF THE SENATE State General Funds ($74,973) ($98,427) ($85,055) $0 319.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($181,815) ($181,815) ($181,815) ($181,815) 319.4 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($22,007) ($22,007) ($22,007) ($22,007) 319.5 Reduce funds designated for vehicle purchases. (S:Restore funds for ongoing operations) State General Funds ($64,110) ($64,110) ($176,251) ($64,110) 319.6 Reduce funds by eliminating four vacant positions. State General Funds ($147,595) ($147,595) ($147,595) ($147,595) 319.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($28,433) ($28,433) ($28,433) 319.98 Transfer funds and activities to the new Technology Support Services program to implement a program structure consistent with new service delivery platforms. State General Funds ($806,135) ($806,135) ($806,135) ($806,135) 319.99 SAC: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles. State General Funds $0 319.100-Industry Regulation Appropriation (HB 119) The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles. TOTAL STATE FUNDS $3,642,026 $3,590,139 $3,491,370 $3,688,566 State General Funds $3,492,026 $3,440,139 $3,341,370 $3,538,566 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $187,422 $187,422 $187,422 $187,422 Federal Funds Not Itemized $187,422 $187,422 $187,422 $187,422 TOTAL PUBLIC FUNDS $3,829,448 $3,777,561 $3,678,792 $3,875,988 Litigations and Investigations TOTAL STATE FUNDS Continuation Budget $0 $0 $0 $0 WEDNESDAY, APRIL 1, 2009 3609 State General Funds $0 $0 $0 $0 320.1 Defer the FY09 cost of living adjustment. State General Funds ($11,104) ($11,104) ($11,104) ($11,104) 320.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($36,699) ($48,180) ($41,634) $0 320.3 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($4,428) ($4,428) ($4,428) ($4,428) 320.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,466) ($12,466) ($12,466) 320.98 Transfer funds and activities from the Revenue Processing program to implement a program structure consistent with new service delivery platforms. State General Funds $1,517,413 $1,517,413 $1,517,413 $1,517,413 320.99 SAC: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. House: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax process. Gov Rev: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax process. Governor: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax process. State General Funds $0 $0 $0 $0 320.100-Litigations and Investigations Appropriation (HB 119) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. TOTAL STATE FUNDS $1,465,182 $1,441,235 $1,447,781 $1,489,415 State General Funds $1,465,182 $1,441,235 $1,447,781 $1,489,415 TOTAL PUBLIC FUNDS $1,465,182 $1,441,235 $1,447,781 $1,489,415 3610 JOURNAL OF THE SENATE Local Government Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 321.1 Defer the FY09 cost of living adjustment. State General Funds ($28,764) ($28,764) ($28,764) ($28,764) 321.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($57,225) ($75,127) ($64,920) $0 321.3 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($106,629) ($106,629) ($106,629) ($106,629) 321.4 Reduce funds from personnel. State General Funds ($151,016) ($151,016) ($151,016) ($151,016) 321.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($22,165) ($22,165) ($22,165) 321.6 Reduce funds designated for telecommunications added in HB1027 (FY07G). (S:Restore funds for ongoing operations) State General Funds ($212,968) $0 321.98 Transfer funds and activities from the Customer Service program to implement a program structure consistent with new service delivery platforms. State General Funds $2,948,790 $2,948,790 $2,948,790 $2,948,790 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $5,058,925 $5,058,925 $5,058,925 $5,058,925 321.99 SAC: The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit. House: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia. Gov Rev: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia. Governor: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the WEDNESDAY, APRIL 1, 2009 3611 Unclaimed Property function for the State of Georgia. State General Funds $0 $0 $0 $0 321.100-Local Government Services Appropriation (HB 119) The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit. TOTAL STATE FUNDS $2,605,156 $2,565,089 $2,362,328 $2,640,216 State General Funds $2,605,156 $2,565,089 $2,362,328 $2,640,216 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 $4,715,291 $4,675,224 $4,472,463 $4,750,351 Local Tax Officials Retirement and FICA Continuation Budget TOTAL STATE FUNDS $5,149,163 $5,149,163 $5,149,163 $5,149,163 State General Funds $5,149,163 $5,149,163 $5,149,163 $5,149,163 TOTAL PUBLIC FUNDS $5,149,163 $5,149,163 $5,149,163 $5,149,163 322.1 Reduce funds and provide retirement benefits only for local tax commissioners and their employees whose counties do not offer a local retirement benefit plan. State General Funds ($3,949,163) $0 322.99 SAC: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. House: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Gov Rev: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Governor: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. State General Funds $0 $0 $0 $0 322.100-Local Tax Officials Retirement and FICA Appropriation (HB 119) The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. TOTAL STATE FUNDS $5,149,163 $5,149,163 $1,200,000 $5,149,163 State General Funds $5,149,163 $5,149,163 $1,200,000 $5,149,163 TOTAL PUBLIC FUNDS $5,149,163 $5,149,163 $1,200,000 $5,149,163 3612 JOURNAL OF THE SENATE 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 $42,190,866 $42,190,866 $42,190,866 $42,190,866 State General Funds $42,190,866 $42,190,866 $42,190,866 $42,190,866 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 $42,617,635 $42,617,635 $42,617,635 $42,617,635 324.1 Defer the FY09 cost of living adjustment. State General Funds ($76,895) ($76,895) ($76,895) ($76,895) 324.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($255,450) ($335,364) ($289,803) $0 324.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($2,187,946) ($2,187,946) ($2,187,946) ($2,187,946) 324.4 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($54,107) ($54,107) ($54,107) ($54,107) 324.5 Reduce funds by eliminating seven vacant positions. State General Funds ($286,747) ($286,747) ($286,747) ($286,747) 324.6 Reduce funds designated for temporary labor and associated operating costs due to the elimination of two shifts at the revenue processing center. State General Funds ($2,400,000) ($2,400,000) ($2,400,000) ($2,400,000) 324.7 Reduce funds due to a loss of revenues. Reserved Fund Balances Not Itemized ($426,769) ($426,769) ($426,769) ($426,769) 324.8 Reduce funds designated for travel and vehicle purchases. (S:Restore funds for ongoing revenue processing operations) State General Funds ($124,849) $0 324.98 Transfer funds and activities to the Departmental Administration, Customer Service, Litigations and Investigations, WEDNESDAY, APRIL 1, 2009 3613 Technology Support Services, and Tax Law and Policy programs to implement a program structure consistent with new service delivery platforms. State General Funds ($24,129,092) ($24,129,092) ($24,129,092) ($24,129,092) 324.100-Revenue Processing Appropriation (HB 119) 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 $12,800,629 $12,720,715 $12,641,427 $13,056,079 State General Funds $12,800,629 $12,720,715 $12,641,427 $13,056,079 TOTAL PUBLIC FUNDS $12,800,629 $12,720,715 $12,641,427 $13,056,079 Salvage Inspection Continuation Budget The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS $1,704,133 $1,704,133 $1,704,133 $1,704,133 State General Funds $1,704,133 $1,704,133 $1,704,133 $1,704,133 TOTAL PUBLIC FUNDS $1,704,133 $1,704,133 $1,704,133 $1,704,133 325.98 Transfer all funds and activities to the Motor Vehicle Registration and Titling program to implement a program structure consistent with new service delivery platforms. State General Funds ($1,704,133) ($1,704,133) ($1,704,133) ($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 $5,000 State General Funds $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 $5,000 326.98 Transfer all funds and activities to the Tax Law and Policy program to implement a program structure consistent with new service delivery platforms. State General 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. 3614 JOURNAL OF THE SENATE TOTAL STATE FUNDS $23,449,239 $23,449,239 $23,449,239 $23,449,239 State General Funds $23,449,239 $23,449,239 $23,449,239 $23,449,239 TOTAL AGENCY FUNDS $3,695,700 $3,695,700 $3,695,700 $3,695,700 Reserved Fund Balances $2,895,700 $2,895,700 $2,895,700 $2,895,700 Reserved Fund Balances Not Itemized $2,895,700 $2,895,700 $2,895,700 $2,895,700 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 $27,144,939 $27,144,939 $27,144,939 $27,144,939 327.98 Transfer funds and activities to the Technology Support Services and the Motor Vehicle Registration and Titling programs. State General Funds ($23,449,239) ($23,449,239) ($23,449,239) ($23,449,239) Reserved Fund Balances Not Itemized ($2,895,700) ($2,895,700) ($2,895,700) ($2,895,700) Sales and Services Not Itemized ($800,000) ($800,000) ($800,000) ($800,000) TOTAL PUBLIC FUNDS ($27,144,939) ($27,144,939) ($27,144,939) ($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 $36,119,723 $36,119,723 $36,119,723 $36,119,723 State General Funds $36,119,723 $36,119,723 $36,119,723 $36,119,723 TOTAL FEDERAL FUNDS $210,000 $210,000 $210,000 $210,000 Federal Funds Not Itemized $210,000 $210,000 $210,000 $210,000 TOTAL AGENCY FUNDS $15,636,944 $15,636,944 $15,636,944 $15,636,944 Intergovernmental Transfers $4,342,000 $4,342,000 $4,342,000 $4,342,000 Intergovernmental Transfers Not Itemized $4,342,000 $4,342,000 $4,342,000 $4,342,000 Sales and Services $11,294,944 $11,294,944 $11,294,944 $11,294,944 Sales and Services Not Itemized $11,294,944 $11,294,944 $11,294,944 $11,294,944 TOTAL PUBLIC FUNDS $51,966,667 $51,966,667 $51,966,667 $51,966,667 328.1 Defer the FY09 cost of living adjustment. State General Funds ($277,341) ($277,341) ($277,341) ($277,341) 328.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the WEDNESDAY, APRIL 1, 2009 3615 cost of the plan) State General Funds ($580,855) ($762,569) ($658,969) $0 328.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($34,447) ($34,447) ($34,447) ($34,447) 328.4 Reduce one time funds added for the data warehouse. (H:Reflect technology verification costs to be paid through the new Technology Support Services program)(S:Restore funds to provide for a mandatory independent annual audit of the data warehouse system as state regulations prohibit system audits by internal staff) State General Funds ($140,000) ($140,000) ($553,758) ($140,000) 328.5 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($79,140) ($79,140) ($79,140) ($79,140) 328.6 Reduce funds by eliminating five vacant positions and two filled positions. (H:Reflect annual salary savings)(S:Restore funds for ongoing operations) State General Funds ($391,560) ($391,560) ($452,500) ($391,560) 328.7 Reduce funds from travel for site visits and auditors that live-in-state and perform out-of-state audits. State General Funds ($299,680) ($299,680) ($299,680) ($299,680) 328.8 Reduce funds for contracts. (S:Restore contracts for private collection agencies) State General Funds ($500,000) $0 328.9 Reduce funds to reflect FY10 projected collections. Intergovernmental Transfers Not Itemized ($4,342,000) Sales and Services Not Itemized ($3,169,944) TOTAL PUBLIC FUNDS ($7,511,944) 328.98 Transfer funds and activities to the Departmental Administration and Technology Support Services programs to implement a program structure consistent with new service delivery platforms and to align administrative functions. State General Funds ($5,951,421) ($5,951,421) ($5,951,421) ($5,951,421) 328.99 SAC: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. State General Funds $0 328.100-Tax Compliance Appropriation (HB 119) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $28,365,279 $28,183,565 $27,312,467 State General Funds $28,365,279 $28,183,565 $27,312,467 TOTAL FEDERAL FUNDS $210,000 $210,000 $210,000 $28,946,134 $28,946,134 $210,000 3616 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $44,212,223 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $44,030,509 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $43,159,411 $210,000 $8,125,000 $8,125,000 $8,125,000 $37,281,134 Tax Law and Policy Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 329.1 Defer the FY09 cost of living adjustment. State General Funds ($11,104) ($11,104) ($11,104) ($11,104) 329.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($35,486) ($46,587) ($40,258) $0 329.3 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($2,949) ($2,949) ($2,949) ($2,949) 329.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($11,698) ($11,698) ($11,698) 329.5 Reduce funds to provide for only a moderate sized legal team. (S:Restore funds to continue to provide services for taxpayer appeals of tax assessments and to provide the General Assembly with research on legislative fiscal notes and revenue inquiries, and to produce regulations for taxes, alcohol, and tobacco) State General Funds ($1,053,410) $0 329.98 Transfer funds and activities from the Revenue Processing and State Board of Equalization programs to implement a program structure consistent with new service delivery platforms. State General Funds $1,424,419 $1,424,419 $1,424,419 $1,424,419 329.99 SAC: The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and WEDNESDAY, APRIL 1, 2009 3617 analysis related to all tax law and policy inquiries. House: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies. Gov Rev: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies. Governor: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies. State General Funds $0 $0 $0 $0 329.100-Tax Law and Policy Appropriation (HB 119) The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries. TOTAL STATE FUNDS $1,374,880 $1,352,081 $305,000 $1,398,668 State General Funds $1,374,880 $1,352,081 $305,000 $1,398,668 TOTAL PUBLIC FUNDS $1,374,880 $1,352,081 $305,000 $1,398,668 Technology Support Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 330.1 Defer the FY09 cost of living adjustment. State General Funds ($161,293) ($161,293) ($161,293) ($161,293) 330.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($357,951) ($469,931) ($406,088) $0 330.3 Reduce funds designated for internal information technology projects. State General Funds ($400,000) ($400,000) ($900,000) ($1,100,000) 330.4 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($21,285) ($21,285) ($21,285) ($21,285) 3618 JOURNAL OF THE SENATE 330.5 Reduce funds by eliminating six vacant positions. State General Funds ($329,799) ($329,799) ($329,799) ($329,799) 330.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($210,991) ($210,991) ($210,991) 330.98 Transfer funds and activities from the Industry Regulation, Motor Vehicle Registration and Titling, Revenue Processing, and Tax Compliance programs to implement a program structure consistent with new service delivery platforms. State General Funds $26,069,761 $26,069,761 $26,069,761 $26,069,761 330.99 SAC: The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. House: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers. Gov Rev: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers. Governor: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers. State General Funds $0 $0 $0 $0 330.100-Technology Support Services Appropriation (HB 119) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $24,799,433 $24,476,462 $24,040,305 $24,246,393 State General Funds $24,799,433 $24,476,462 $24,040,305 $24,246,393 TOTAL PUBLIC FUNDS $24,799,433 $24,476,462 $24,040,305 $24,246,393 Motor Vehicle Registration and Titling Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 506.1 Defer the FY09 cost of living adjustment. State General Funds ($99,910) ($99,910) ($99,910) ($99,910) 506.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($233,100) ($306,022) ($264,447) $0 WEDNESDAY, APRIL 1, 2009 3619 506.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($1,914,816) ($1,914,816) ($1,914,816) ($1,914,816) 506.4 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($58,031) ($58,031) ($58,031) ($58,031) 506.5 Reduce funds by eliminating eight vacant positions and four filled positions. (H:Reflect annual salary savings for twelve positions)(S:Reduce funds from operations) State General Funds ($416,713) ($416,713) ($672,000) ($916,713) 506.6 Reduce funds by privatizing salvage vehicle inspections. State General Funds ($693,850) ($693,850) ($693,850) $0 506.7 Reduce funds by combining Quality Assurance and Document Receipt and Control functions and eliminating seventeen hourly and fourteen temporary positions. State General Funds ($850,000) ($850,000) ($850,000) ($850,000) 506.8 Reduce funds designated for non-mandated services to county tag offices such as toner for tag and title printers and systems training. (S:Reduce additional funds for non-mandated printers) State General Funds ($1,039,000) ($1,039,000) ($1,039,000) ($1,545,772) 506.9 Reduce funds by relying on one statutorily required notice to inform vehicle owners who are non-compliant with insurance requirements. State General Funds ($486,000) ($486,000) ($486,000) ($486,000) 506.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($86,882) ($86,882) ($86,882) 506.11 Replace one-time funds for motor vehicle tags and registration cards. State General Funds $2,895,700 Reserved Fund Balances Not Itemized ($2,895,700) TOTAL PUBLIC FUNDS $0 506.98 Transfer funds and activities from the Salvage Inspection and the Tag and Title Registration programs. State General Funds $16,003,340 $16,003,340 $16,003,340 $16,003,340 Reserved Fund Balances Not Itemized $2,895,700 $2,895,700 $2,895,700 $2,895,700 Sales and Services Not Itemized $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $19,699,040 $19,699,040 $19,699,040 $19,699,040 506.99 SAC: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance. House: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and 3620 JOURNAL OF THE SENATE inspection rebuilt vehicles for road-worthiness for new title issuance. Gov Rev: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and inspection rebuilt vehicles for road-worthiness for new title issuance. Governor: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and inspection rebuilt vehicles for road-worthiness for new title issuance. State General Funds $0 $0 $0 $0 506.100-Motor Vehicle Registration and Titling Appropriation (HB 119) The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance. TOTAL STATE FUNDS $10,211,920 $10,052,116 $9,838,404 $12,940,916 State General Funds $10,211,920 $10,052,116 $9,838,404 $12,940,916 TOTAL AGENCY FUNDS $3,695,700 $3,695,700 $3,695,700 $800,000 Reserved Fund Balances $2,895,700 $2,895,700 $2,895,700 Reserved Fund Balances Not Itemized $2,895,700 $2,895,700 $2,895,700 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 $13,907,620 $13,747,816 $13,534,104 $13,740,916 Section 40: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $40,504,390 $40,504,390 $40,504,390 $40,504,390 $40,504,390 $40,504,390 $1,939,894 $1,939,894 $1,939,894 $50,000 $50,000 $50,000 $1,889,894 $1,889,894 $1,889,894 $42,444,284 $42,444,284 $42,444,284 $40,504,390 $40,504,390 $1,939,894 $50,000 $1,889,894 $42,444,284 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Section Total - Final $34,183,770 $33,654,027 $34,183,770 $33,654,027 $1,939,894 $1,939,894 $50,000 $50,000 $32,561,443 $32,561,443 $1,939,894 $50,000 $34,255,872 $34,255,872 $1,939,894 $50,000 WEDNESDAY, APRIL 1, 2009 3621 Sales and Services TOTAL PUBLIC FUNDS $1,889,894 $36,123,664 $1,889,894 $35,593,921 $1,889,894 $34,501,337 $1,889,894 $36,195,766 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 $6,363,415 $6,363,415 $6,363,415 $6,363,415 State General Funds $6,363,415 $6,363,415 $6,363,415 $6,363,415 TOTAL AGENCY FUNDS $532,671 $532,671 $532,671 $532,671 Sales and Services $532,671 $532,671 $532,671 $532,671 Record Center Storage Fees $435,771 $435,771 $435,771 $435,771 Sales and Services Not Itemized $96,900 $96,900 $96,900 $96,900 TOTAL PUBLIC FUNDS $6,896,086 $6,896,086 $6,896,086 $6,896,086 331.1 Defer the FY09 cost of living adjustment. State General Funds ($40,420) ($40,420) ($40,420) ($40,420) 331.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($94,514) ($117,062) ($101,158) $0 331.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($33,427) ($33,427) ($33,427) ($33,427) 331.4 Reduce funds from program-wide operating expenses based on streamlined service delivery. State General Funds ($316,409) ($316,409) ($316,409) ($316,409) 331.5 Reduce funds by eliminating nineteen positions to reflect the reorganization. State General Funds ($560,319) ($560,319) ($560,319) ($560,319) 331.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($67,561) ($67,561) ($67,561) 331.7 Reduce funds from the Georgia Historical Society ($8,000) and transfer remaining funds to the Department of Economic Development Tourism program ($90,000). 3622 JOURNAL OF THE SENATE State General Funds ($98,000) 331.98 Transfer all funds and activities from the Capitol Tours program. (H:Reduce funds from Capitol Tours) State General Funds $168,558 $168,558 $0 $168,558 331.99 SAC: The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center. State General Funds $0 331.100-Archives and Records Appropriation (HB 119) The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center. TOTAL STATE FUNDS $5,486,884 $5,396,775 $5,244,121 $5,415,837 State General Funds $5,486,884 $5,396,775 $5,244,121 $5,415,837 TOTAL AGENCY FUNDS $532,671 $532,671 $532,671 $532,671 Sales and Services $532,671 $532,671 $532,671 $532,671 Record Center Storage Fees $435,771 $435,771 $435,771 $435,771 Sales and Services Not Itemized $96,900 $96,900 $96,900 $96,900 TOTAL PUBLIC FUNDS $6,019,555 $5,929,446 $5,776,792 $5,948,508 Capitol Tours Continuation Budget The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS $168,558 $168,558 State General Funds $168,558 $168,558 TOTAL PUBLIC FUNDS $168,558 $168,558 332.98 Transfer all funds and activities to the Archives and Records program. State General Funds ($168,558) ($168,558) $168,558 $168,558 $168,558 ($168,558) $168,558 $168,558 $168,558 ($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 $1,339,523 $1,339,523 $1,339,523 $1,339,523 WEDNESDAY, APRIL 1, 2009 3623 State General Funds $1,339,523 $1,339,523 $1,339,523 $1,339,523 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 $2,079,035 $2,079,035 $2,079,035 $2,079,035 333.1 Defer the FY09 cost of living adjustment. State General Funds ($19,261) ($19,261) ($19,261) ($19,261) 333.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($44,920) ($55,636) ($48,077) $0 333.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($22,757) ($22,757) ($22,757) ($22,757) 333.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($22,359) ($22,359) ($22,359) 333.100 -Corporations Appropriation (HB 119) 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 $1,252,585 $1,219,510 $1,227,069 $1,275,146 State General Funds $1,252,585 $1,219,510 $1,227,069 $1,275,146 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 $1,992,097 $1,959,022 $1,966,581 $2,014,658 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 3624 JOURNAL OF THE SENATE governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS $6,029,562 $6,029,562 $6,029,562 $6,029,562 State General Funds $6,029,562 $6,029,562 $6,029,562 $6,029,562 TOTAL AGENCY FUNDS $340,133 $340,133 $340,133 $340,133 Sales and Services $340,133 $340,133 $340,133 $340,133 Sales and Services Not Itemized $340,133 $340,133 $340,133 $340,133 TOTAL PUBLIC FUNDS $6,369,695 $6,369,695 $6,369,695 $6,369,695 334.1 Defer the FY09 cost of living adjustment. State General Funds ($20,845) ($20,845) ($20,845) ($20,845) 334.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($48,746) ($60,375) ($52,173) $0 334.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($306,852) ($306,852) ($306,852) ($306,852) 334.4 Reduce one-time funds received in HB990 (FY09G) for voter ID education and online training for local election officials. State General Funds ($520,000) ($520,000) ($520,000) ($520,000) 334.5 Reduce one-time funds received in HB990 (FY09G) for voting machine technicians to support the 2008 election cycle. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 334.6 Reduce funds to reflect savings from utilizing existing supplies of voter registration applications, outsourcing printing precinct cards, and publishing the Official Directory of Elected Officials online. State General Funds ($78,740) ($78,740) ($78,740) ($78,740) 334.7 Reduce funds to reflect savings from the consolidation of mail routes. State General Funds ($3,000) ($3,000) ($3,000) ($3,000) 334.8 Reduce funds from the contract with Kennesaw State University for election machine testing and certification. State General Funds ($29,403) ($29,403) ($29,403) ($29,403) 334.9 Transfer funds from the Office Administration program to maintain Maintenance of Effort levels as required by the Help America Vote Act. State General Funds $50,000 WEDNESDAY, APRIL 1, 2009 3625 334.100 -Elections Appropriation (HB 119) 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 $4,621,976 $4,610,347 $4,618,549 $4,720,722 State General Funds $4,621,976 $4,610,347 $4,618,549 $4,720,722 TOTAL AGENCY FUNDS $340,133 $340,133 $340,133 $340,133 Sales and Services $340,133 $340,133 $340,133 $340,133 Sales and Services Not Itemized $340,133 $340,133 $340,133 $340,133 TOTAL PUBLIC FUNDS $4,962,109 $4,950,480 $4,958,682 $5,060,855 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 $8,452,027 $8,452,027 $8,452,027 $8,452,027 State General Funds $8,452,027 $8,452,027 $8,452,027 $8,452,027 TOTAL AGENCY FUNDS $127,578 $127,578 $127,578 $127,578 Sales and Services $127,578 $127,578 $127,578 $127,578 Sales and Services Not Itemized $127,578 $127,578 $127,578 $127,578 TOTAL PUBLIC FUNDS $8,579,605 $8,579,605 $8,579,605 $8,579,605 335.1 Defer the FY09 cost of living adjustment. State General Funds ($88,686) ($88,686) ($88,686) ($88,686) 335.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($207,376) ($263,739) ($227,908) $0 335.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($58,728) ($58,728) ($58,728) ($58,728) 335.4 Reduce funds from personnel. State General Funds ($301,156) ($301,156) ($301,156) ($301,156) 3626 JOURNAL OF THE SENATE 335.5 Reduce funds from temporary positions and eliminate one vacant full-time position. State General Funds ($501,781) ($501,781) ($501,781) ($501,781) 335.6 Reduce funds for the Martin Luther King, Jr. holiday celebration based on prior year expenditures. State General Funds ($5,000) ($5,000) ($5,000) ($5,000) 335.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($83,244) ($83,244) ($83,244) 335.8 Reduce merit system assessments from $147 to $137 per position. State General Funds ($10,475) ($10,475) 335.9 Reduce funds from operations. (S:Transfer funds ($50,000) to the Elections program to maintain Maintenance of Effort levels as required by the Help America Vote Act) State General Funds ($185,813) ($235,813) 335.100-Office Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $7,289,300 $7,149,693 $6,989,236 $7,167,144 State General Funds $7,289,300 $7,149,693 $6,989,236 $7,167,144 TOTAL AGENCY FUNDS $127,578 $127,578 $127,578 $127,578 Sales and Services $127,578 $127,578 $127,578 $127,578 Sales and Services Not Itemized $127,578 $127,578 $127,578 $127,578 TOTAL PUBLIC FUNDS $7,416,878 $7,277,271 $7,116,814 $7,294,722 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 $8,755,732 $8,755,732 $8,755,732 $8,755,732 State General Funds $8,755,732 $8,755,732 $8,755,732 $8,755,732 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 $8,905,732 $8,905,732 $8,905,732 $8,905,732 336.1 Defer the FY09 cost of living adjustment. State General Funds ($74,484) ($74,484) ($74,484) ($74,484) 336.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits WEDNESDAY, APRIL 1, 2009 3627 (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($174,286) ($215,864) ($186,537) $0 336.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($58,728) ($58,728) ($58,728) ($58,728) 336.4 Reduce funds by eliminating eighteen positions to reflect staff reorganization. State General Funds ($814,218) ($814,218) ($814,218) ($814,218) 336.5 Reduce funds for exam proctors and from contracts related to direct exam expenses. State General Funds ($138,141) ($138,141) ($138,141) ($138,141) 336.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($85,814) ($85,814) ($85,814) 336.100-Professional Licensing Boards Appropriation (HB 119) 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 $7,495,875 $7,368,483 $7,397,810 $7,584,347 State General Funds $7,495,875 $7,368,483 $7,397,810 $7,584,347 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 $7,645,875 $7,518,483 $7,547,810 $7,734,347 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 $1,862,983 $1,862,983 $1,862,983 $1,862,983 State General Funds $1,862,983 $1,862,983 $1,862,983 $1,862,983 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 $50,000 3628 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $1,912,983 $1,912,983 $1,912,983 $1,912,983 337.1 Defer the FY09 cost of living adjustment. State General Funds ($22,507) ($22,507) ($22,507) ($22,507) 337.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($52,628) ($65,183) ($56,327) $0 337.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($7,608) ($7,608) ($7,608) ($7,608) 337.4 Reduce funds by not filling three vacant positions. State General Funds ($205,463) ($205,463) ($205,463) ($205,463) 337.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($18,236) ($18,236) ($18,236) 337.99 SAC: The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act, and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions. State General Funds $0 337.100 -Securities Appropriation (HB 119) The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act, and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions. TOTAL STATE FUNDS $1,574,777 $1,543,986 $1,552,842 $1,609,169 State General Funds $1,574,777 $1,543,986 $1,552,842 $1,609,169 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 $1,624,777 $1,593,986 $1,602,842 $1,659,169 WEDNESDAY, APRIL 1, 2009 3629 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 $364,819 $364,819 $364,819 $364,819 State General Funds $364,819 $364,819 $364,819 $364,819 TOTAL PUBLIC FUNDS $364,819 $364,819 $364,819 $364,819 338.1 Defer the FY09 cost of living adjustment. State General Funds ($3,173) ($3,173) ($3,173) ($3,173) 338.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($7,105) ($11,065) ($9,561) $0 338.3 Reduce funds for part-time exhibit coordinators. State General Funds ($20,600) ($20,600) ($20,600) ($20,600) 338.4 Reduce funds from consulting fees for teacher training provided statewide. State General Funds ($6,815) ($6,815) ($6,815) ($6,815) 338.5 Reduce funds from operations. State General Funds ($8,039) ($8,039) ($8,039) ($8,039) 338.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,191) ($3,191) ($3,191) 338.100-Commission on the Holocaust, Georgia Appropriation (HB 119) 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 $319,087 $311,936 $313,440 $323,001 State General Funds $319,087 $311,936 $313,440 $323,001 TOTAL PUBLIC FUNDS $319,087 $311,936 $313,440 $323,001 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. 3630 JOURNAL OF THE SENATE TOTAL STATE FUNDS $1,713,440 $1,713,440 $1,713,440 $1,713,440 State General Funds $1,713,440 $1,713,440 $1,713,440 $1,713,440 TOTAL PUBLIC FUNDS $1,713,440 $1,713,440 $1,713,440 $1,713,440 339.1 Defer the FY09 cost of living adjustment. State General Funds ($16,416) ($16,416) ($16,416) ($16,416) 339.2 Defer structure adjustments to the statewide salary plan. State General Funds ($167) ($167) ($167) ($167) 339.3 Defer special adjustments to selected job classes. State General Funds ($38,044) ($38,044) ($38,044) ($38,044) 339.4 Defer the special pay raise received in HB990 (FY09G) for compliance investigators to address retention and compression issues. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) 339.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($44,997) ($54,055) ($46,711) $0 339.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $7,032 $7,032 $7,032 $7,032 339.7 Reduce funds and defer hiring two compliance investigator positions. State General Funds ($115,105) ($115,105) ($115,105) ($115,105) 339.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,307) ($13,307) ($13,307) 339.99 SAC: The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances and dangerous drugs, and to ensure only licensed facilities or persons dispense or distribute pharmaceuticals. State General Funds $0 339.100-Drugs and Narcotics Agency, Georgia Appropriation (HB 119) The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances WEDNESDAY, APRIL 1, 2009 3631 and dangerous drugs, and to ensure only licensed facilities or persons dispense or distribute pharmaceuticals. TOTAL STATE FUNDS $1,330,743 $1,308,378 $1,315,722 State General Funds $1,330,743 $1,308,378 $1,315,722 TOTAL PUBLIC FUNDS $1,330,743 $1,308,378 $1,315,722 $1,362,433 $1,362,433 $1,362,433 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 $3,671,540 $3,671,540 $3,671,540 $3,671,540 State General Funds $3,671,540 $3,671,540 $3,671,540 $3,671,540 TOTAL PUBLIC FUNDS $3,671,540 $3,671,540 $3,671,540 $3,671,540 340.1 Defer the FY09 cost of living adjustment. State General Funds ($29,238) ($29,238) ($29,238) ($29,238) 340.2 Defer structure adjustments to the statewide salary plan. State General Funds ($94) ($94) ($94) ($94) 340.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($68,101) ($53,850) ($68,034) $0 340.4 Reduce funds by eliminating one vacant investigator and one vacant investigative support position. (H and S:Reduce funds added in FY08 and FY09 for three additional positions) State General Funds ($70,000) ($70,000) ($149,426) ($149,426) 340.5 Eliminate funds received in HB990 (FY09G) for the State Licensing Board of Home Inspectors per HB1217 (2008 Session) that failed to pass. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 340.6 Reduce funds designated to purchase vehicles, eliminate the use of printed transcripts for commission meetings, increase the frequency of teleconference meetings, and realize operational efficiencies through reduced administration hearings. State General Funds ($109,646) ($109,646) ($109,646) ($109,646) 340.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($32,645) ($32,645) ($32,645) 3632 JOURNAL OF THE SENATE 340.99 SAC: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. State General Funds $0 340.100-Real Estate Commission Appropriation (HB 119) The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. TOTAL STATE FUNDS $3,264,461 $3,246,067 $3,152,457 $3,220,491 State General Funds $3,264,461 $3,246,067 $3,152,457 $3,220,491 TOTAL PUBLIC FUNDS $3,264,461 $3,246,067 $3,152,457 $3,220,491 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 $1,782,791 $1,782,791 $1,782,791 $1,782,791 State General Funds $1,782,791 $1,782,791 $1,782,791 $1,782,791 TOTAL PUBLIC FUNDS $1,782,791 $1,782,791 $1,782,791 $1,782,791 341.1 Defer the FY09 cost of living adjustment. State General Funds ($17,719) ($17,719) ($17,719) ($17,719) 341.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($44,981) ($78,730) ($46,534) $0 341.3 Reduce funds from operations. State General Funds ($172,009) ($172,009) $0 ($172,009) 341.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,481) ($15,481) ($15,481) 341.5 Reduce funds provided in HB1027 (FY07G) to improve filing through automation, and recognize an additional reduction in WEDNESDAY, APRIL 1, 2009 3633 funds as a result of the savings to the state attained through automation. State General Funds ($1,030,501) $0 341.6 Increase funds to pay the Georgia Building Authority for past due rent dating back to March 2008 in order to avoid further penalties for delinquency. State General Funds $77,641 $0 341.100-State Ethics Commission Appropriation (HB 119) 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 $1,548,082 $1,498,852 $750,197 $1,577,582 State General Funds $1,548,082 $1,498,852 $750,197 $1,577,582 TOTAL PUBLIC FUNDS $1,548,082 $1,498,852 $750,197 $1,577,582 Section 41: 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 $3,572,839 $3,572,839 $3,572,839 $3,572,839 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $1,717,500 $1,717,500 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $2,401,971 $2,401,971 $2,401,971 $2,401,971 $1,449,621 $1,449,621 $1,449,621 $230,000 $230,000 $230,000 $1,219,621 $1,219,621 $1,219,621 $9,141,931 $9,141,931 $9,141,931 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $9,141,931 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Final $3,166,386 $3,104,345 $3,166,386 $3,104,345 $1,717,500 $1,717,500 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $3,115,030 $3,115,030 $1,717,500 $1,717,500 $2,401,971 $3,185,293 $3,185,293 $1,717,500 $1,717,500 $2,401,971 3634 JOURNAL OF THE SENATE Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $2,401,971 $1,449,621 $230,000 $1,219,621 $8,735,478 $2,401,971 $1,449,621 $230,000 $1,219,621 $8,673,437 $2,401,971 $1,449,621 $230,000 $1,219,621 $8,684,122 $2,401,971 $1,449,621 $230,000 $1,219,621 $8,754,385 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 $744,561 $744,561 $744,561 $744,561 State General Funds $744,561 $744,561 $744,561 $744,561 TOTAL PUBLIC FUNDS $744,561 $744,561 $744,561 $744,561 342.1 Defer the FY09 cost of living adjustment. State General Funds ($3,499) ($3,499) ($3,499) ($3,499) 342.2 Defer special adjustments to selected job classes. State General Funds ($7,269) ($7,269) ($7,269) ($7,269) 342.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($14,090) ($22,501) ($19,444) $0 342.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($1,262) ($1,262) ($1,262) ($1,262) 342.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,588) $0 $0 342.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($362) ($362) 342.100-Commission Administration Appropriation (HB 119) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $718,441 $702,442 $712,725 $732,169 WEDNESDAY, APRIL 1, 2009 3635 State General Funds TOTAL PUBLIC FUNDS $718,441 $718,441 $702,442 $702,442 $712,725 $712,725 $732,169 $732,169 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 $322,300 $322,300 $322,300 $322,300 State General Funds $322,300 $322,300 $322,300 $322,300 TOTAL FEDERAL FUNDS $1,465,000 $1,465,000 $1,465,000 $1,465,000 Federal Funds Not Itemized $1,465,000 $1,465,000 $1,465,000 $1,465,000 TOTAL AGENCY FUNDS $2,351,971 $2,351,971 $2,351,971 $2,351,971 Intergovernmental Transfers $2,351,971 $2,351,971 $2,351,971 $2,351,971 Intergovernmental Transfers Not Itemized $2,351,971 $2,351,971 $2,351,971 $2,351,971 TOTAL PUBLIC FUNDS $4,139,271 $4,139,271 $4,139,271 $4,139,271 343.1 Defer the FY09 cost of living adjustment. State General Funds ($1,954) ($1,954) ($1,954) ($1,954) 343.2 Defer special adjustments to selected job classes. State General Funds ($4,060) ($4,060) ($4,060) ($4,060) 343.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($6,018) ($9,606) ($8,301) $0 343.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($559) ($559) ($559) ($559) 343.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,271) $0 $0 343.99 SAC: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. 3636 JOURNAL OF THE SENATE State General Funds $0 343.100-Conservation of Agricultural Water Supplies Appropriation (HB 119) The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. TOTAL STATE FUNDS $309,709 $302,850 $307,426 $315,727 State General Funds $309,709 $302,850 $307,426 $315,727 TOTAL FEDERAL FUNDS $1,465,000 $1,465,000 $1,465,000 $1,465,000 Federal Funds Not Itemized $1,465,000 $1,465,000 $1,465,000 $1,465,000 TOTAL AGENCY FUNDS $2,351,971 $2,351,971 $2,351,971 $2,351,971 Intergovernmental Transfers $2,351,971 $2,351,971 $2,351,971 $2,351,971 Intergovernmental Transfers Not Itemized $2,351,971 $2,351,971 $2,351,971 $2,351,971 TOTAL PUBLIC FUNDS $4,126,680 $4,119,821 $4,124,397 $4,132,698 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 $1,656,609 $1,656,609 $1,656,609 $1,656,609 State General Funds $1,656,609 $1,656,609 $1,656,609 $1,656,609 TOTAL FEDERAL FUNDS $252,500 $252,500 $252,500 $252,500 Federal Funds Not Itemized $252,500 $252,500 $252,500 $252,500 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 $1,449,621 $1,449,621 $1,449,621 $1,449,621 State Funds Transfers $230,000 $230,000 $230,000 $230,000 Agency to Agency Contracts $230,000 $230,000 $230,000 $230,000 Federal Funds Transfers $1,219,621 $1,219,621 $1,219,621 $1,219,621 FF Water Quality Management Planning CFDA66.454 $1,219,621 $1,219,621 $1,219,621 $1,219,621 TOTAL PUBLIC FUNDS $3,408,730 $3,408,730 $3,408,730 $3,408,730 344.1 Defer the FY09 cost of living adjustment. State General Funds ($14,216) ($14,216) ($14,216) ($14,216) WEDNESDAY, APRIL 1, 2009 3637 344.2 Defer special adjustments to selected job classes. State General Funds ($29,533) ($29,533) ($29,533) ($29,533) 344.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($30,284) ($48,339) ($41,772) $0 344.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($1,226) ($1,226) ($1,226) ($1,226) 344.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($16,701) ($31,664) ($31,664) 344.99 SAC: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. State General Funds $0 344.100-Conservation of Soil and Water Resources Appropriation (HB 119) The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. TOTAL STATE FUNDS $1,581,350 $1,546,594 $1,538,198 $1,579,970 State General Funds $1,581,350 $1,546,594 $1,538,198 $1,579,970 TOTAL FEDERAL FUNDS $252,500 $252,500 $252,500 $252,500 Federal Funds Not Itemized $252,500 $252,500 $252,500 $252,500 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 $50,000 Intergovernmental Transfers $50,000 $50,000 $50,000 $50,000 3638 JOURNAL OF THE SENATE 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 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,333,471 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,298,715 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,290,319 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,332,091 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 $98,810 $98,810 $98,810 $98,810 State General Funds $98,810 $98,810 $98,810 $98,810 TOTAL PUBLIC FUNDS $98,810 $98,810 $98,810 $98,810 345.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($451) ($720) ($622) $0 345.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($21) ($21) ($21) ($21) 345.3 Transfer funds from the Water Resources and Land Use Planning program to bring high risk dam structures into compliance with Georgia's Safe Dams Act. State General Funds $70,000 $70,000 $70,000 $70,000 345.99 SAC: The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. State General Funds $0 345.100-U.S.D.A. Flood Control Watershed Structures Appropriation (HB 119) The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that WEDNESDAY, APRIL 1, 2009 3639 they comply with the state Safe Dams Act. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $168,338 $168,338 $168,338 $168,069 $168,069 $168,069 $168,167 $168,167 $168,167 $168,789 $168,789 $168,789 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 $750,559 $750,559 $750,559 $750,559 State General Funds $750,559 $750,559 $750,559 $750,559 TOTAL PUBLIC FUNDS $750,559 $750,559 $750,559 $750,559 346.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($90) ($144) ($124) $0 346.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($11) ($11) ($11) ($11) 346.3 Reduce funds from contracts. State General Funds ($271,910) ($271,910) ($271,910) ($271,910) 346.4 Transfer funds to the U.S.D.A. Flood Control Watershed Structures program to bring high risk dam structures into compliance with Georgia's Safe Dams Act. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) 346.5 Reduce funds from personnel. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 346.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,104) $0 $0 346.99 SAC: The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. State General Funds $0 3640 JOURNAL OF THE SENATE 346.100-Water Resources and Land Use Planning Appropriation (HB 119) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $388,548 $384,390 $388,514 $388,638 State General Funds $388,548 $384,390 $388,514 $388,638 TOTAL PUBLIC FUNDS $388,548 $384,390 $388,514 $388,638 Section 42: 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 Section Total - Continuation $1,373,192 $1,373,192 $1,373,192 $1,186,583 $1,186,583 $1,186,583 $10,346 $10,346 $10,346 $176,263 $176,263 $176,263 $12,615,578 $12,615,578 $12,615,578 $12,615,578 $12,615,578 $12,615,578 $13,988,770 $13,988,770 $13,988,770 $1,373,192 $1,186,583 $10,346 $176,263 $12,615,578 $12,615,578 $13,988,770 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 - Final $1,373,192 $1,373,192 $1,186,583 $1,186,583 $10,346 $10,346 $176,263 $176,263 $11,022,499 $11,022,499 $11,022,499 $11,022,499 $12,395,691 $12,395,691 $1,373,192 $1,186,583 $10,346 $176,263 $9,947,607 $9,947,607 $11,320,799 $1,373,192 $1,186,583 $10,346 $176,263 $9,947,607 $9,947,607 $11,320,799 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,293,708 $1,293,708 State Funds Transfers $1,293,708 $1,293,708 Merit System Assessments $1,293,708 $1,293,708 TOTAL PUBLIC FUNDS $1,293,708 $1,293,708 $0 $1,293,708 $1,293,708 $1,293,708 $1,293,708 $0 $1,293,708 $1,293,708 $1,293,708 $1,293,708 WEDNESDAY, APRIL 1, 2009 3641 347.1 Defer the FY09 cost of living adjustment. Merit System Assessments ($12,939) ($12,939) ($12,939) ($12,939) 347.2 Reduce merit system assessments from $147 to $137 per position. Merit System Assessments ($107,489) ($107,489) 347.99 SAC: The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning, and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs. House: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state. Gov Rev: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state. Governor: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state. Merit System Assessments $0 $0 $0 $0 347.100-Recruitment and Staffing Services Appropriation (HB 119) The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning, and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,280,769 $1,280,769 $1,173,280 $1,173,280 State Funds Transfers $1,280,769 $1,280,769 $1,173,280 $1,173,280 Merit System Assessments $1,280,769 $1,280,769 $1,173,280 $1,173,280 TOTAL PUBLIC FUNDS $1,280,769 $1,280,769 $1,173,280 $1,173,280 System Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL STATE FUNDS $0 $0 TOTAL AGENCY FUNDS $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,291,639 $4,291,639 State Funds Transfers $4,291,639 $4,291,639 Merit System Assessments $4,291,639 $4,291,639 $0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 3642 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $4,393,910 $4,393,910 348.1 Defer the FY09 cost of living adjustment. Merit System Assessments ($116,184) ($116,184) 348.2 Reduce funds from the E-Recruitment program and submit payment to the State Treasury. Merit System Assessments ($1,398,877) ($1,398,877) 348.3 Reduce merit system assessments from $147 to $137 per position. Merit System Assessments $4,393,910 ($116,184) ($1,398,877) ($257,974) $4,393,910 ($116,184) ($1,398,877) ($257,974) 348.100-System Administration Appropriation (HB 119) 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 $2,776,578 $2,776,578 $2,518,604 State Funds Transfers $2,776,578 $2,776,578 $2,518,604 Merit System Assessments $2,776,578 $2,776,578 $2,518,604 TOTAL PUBLIC FUNDS $2,878,849 $2,878,849 $2,620,875 $102,271 $102,271 $102,271 $2,518,604 $2,518,604 $2,518,604 $2,620,875 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 $0 State General Funds $0 TOTAL AGENCY FUNDS $1,270,921 $1,270,921 $1,270,921 $1,270,921 Reserved Fund Balances $1,084,312 $1,084,312 $1,084,312 $1,084,312 Reserved Fund Balances Not Itemized $1,084,312 $1,084,312 $1,084,312 $1,084,312 Interest and Investment Income $10,346 $10,346 $10,346 $10,346 Interest and Investment Income Not Itemized $10,346 $10,346 $10,346 $10,346 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 $3,116,747 $3,116,747 $3,116,747 $3,116,747 State Funds Transfers $3,116,747 $3,116,747 $3,116,747 $3,116,747 Merit System Assessments $3,088,908 $3,088,908 $3,088,908 $3,088,908 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 $27,839 WEDNESDAY, APRIL 1, 2009 3643 TOTAL PUBLIC FUNDS $4,387,668 349.1 Defer the FY09 cost of living adjustment. Merit System Assessments ($27,278) 349.2 Reduce merit system assessments from $147 to $137 per position. Merit System Assessments $4,387,668 ($27,278) $4,387,668 ($27,278) ($376,212) $4,387,668 ($27,278) ($376,212) 349.100-Total Compensation and Rewards Appropriation (HB 119) 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 $1,270,921 Reserved Fund Balances $1,084,312 $1,084,312 $1,084,312 $1,084,312 Reserved Fund Balances Not Itemized $1,084,312 $1,084,312 $1,084,312 $1,084,312 Interest and Investment Income $10,346 $10,346 $10,346 $10,346 Interest and Investment Income Not Itemized $10,346 $10,346 $10,346 $10,346 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 $3,089,469 $3,089,469 $2,713,257 $2,713,257 State Funds Transfers $3,089,469 $3,089,469 $2,713,257 $2,713,257 Merit System Assessments $3,061,630 $3,061,630 $2,685,418 $2,685,418 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,360,390 $4,360,390 $3,984,178 $3,984,178 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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,913,484 $3,913,484 $3,913,484 $3,913,484 State Funds Transfers $3,913,484 $3,913,484 $3,913,484 $3,913,484 Merit System Assessments $3,607,893 $3,607,893 $3,607,893 $3,607,893 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,913,484 $3,913,484 $3,913,484 $3,913,484 350.1 Defer the FY09 cost of living adjustment. Merit System Assessments ($37,801) ($37,801) ($37,801) ($37,801) 3644 JOURNAL OF THE SENATE 350.2 Reduce merit system assessments from $147 to $137 per position. Merit System Assessments ($333,217) ($333,217) 350.99 SAC: The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and assessments of job-related skills to assist employees in their career development. State General Funds $0 350.100-Workforce Development and Alignment Appropriation (HB 119) The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and assessments of job-related skills to assist employees in their career development. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,875,683 $3,875,683 $3,542,466 $3,542,466 State Funds Transfers $3,875,683 $3,875,683 $3,542,466 $3,542,466 Merit System Assessments $3,570,092 $3,570,092 $3,236,875 $3,236,875 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,875,683 $3,875,683 $3,542,466 $3,542,466 The Department is authorized to assess no more than $137.00 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 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 $576,791,488 $576,791,488 $576,791,488 $31,553,893 $31,553,893 $31,553,893 $545,237,595 $545,237,595 $545,237,595 $520,653 $520,653 $520,653 $520,653 $520,653 $520,653 $12,472,493 $12,472,493 $12,472,493 $12,472,493 $12,472,493 $12,472,493 $589,784,634 $589,784,634 $589,784,634 $576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634 TOTAL STATE FUNDS State General Funds Lottery Proceeds Section Total - Final $625,967,320 $625,914,944 $37,580,534 $37,528,158 $588,386,786 $588,386,786 $626,063,587 $37,676,801 $588,386,786 $626,193,024 $37,699,977 $588,493,047 WEDNESDAY, APRIL 1, 2009 3645 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $520,653 $520,653 $626,487,973 $520,653 $520,653 $626,435,597 $520,653 $520,653 $626,584,240 $520,653 $520,653 $626,713,677 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 $4,200,000 $4,200,000 $4,200,000 $4,200,000 Lottery Proceeds $4,200,000 $4,200,000 $4,200,000 $4,200,000 TOTAL PUBLIC FUNDS $4,200,000 $4,200,000 $4,200,000 $4,200,000 351.1 Increase funds to meet projected need. Lottery Proceeds $300,000 $300,000 $300,000 $300,000 351.100 -Accel Appropriation (HB 119) 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 $4,500,000 $4,500,000 $4,500,000 $4,500,000 Lottery Proceeds $4,500,000 $4,500,000 $4,500,000 $4,500,000 TOTAL PUBLIC FUNDS $4,500,000 $4,500,000 $4,500,000 $4,500,000 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 $710,000 $710,000 $710,000 $710,000 State General Funds $0 $0 $0 $0 Lottery Proceeds $710,000 $710,000 $710,000 $710,000 TOTAL PUBLIC FUNDS $710,000 $710,000 $710,000 $710,000 352.100-Engineer Scholarship Appropriation (HB 119) 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 $710,000 $710,000 $710,000 $710,000 Lottery Proceeds $710,000 $710,000 $710,000 $710,000 3646 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $710,000 $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 $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 119) 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 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 $1,629,200 $1,629,200 $1,629,200 $1,629,200 State General Funds $1,629,200 $1,629,200 $1,629,200 $1,629,200 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 $400,000 Intergovernmental Transfers $400,000 $400,000 $400,000 $400,000 Intergovernmental Transfers Not Itemized $400,000 $400,000 $400,000 $400,000 TOTAL PUBLIC FUNDS $2,029,200 $2,029,200 $2,029,200 $2,029,200 354.1 Eliminate funds. State General Funds ($1,629,200) ($1,629,200) ($1,629,200) ($1,629,200) Intergovernmental Transfers Not Itemized ($400,000) ($400,000) ($400,000) ($400,000) TOTAL PUBLIC FUNDS ($2,029,200) ($2,029,200) ($2,029,200) ($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. WEDNESDAY, APRIL 1, 2009 3647 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 355.1 Reduce funds to meet projected need. State General Funds $3,599,883 $3,599,883 $3,599,883 ($410,000) $3,599,883 $3,599,883 $3,599,883 ($410,000) $3,599,883 $3,599,883 $3,599,883 ($410,000) $3,599,883 $3,599,883 $3,599,883 ($410,000) 355.100-Guaranteed Educational Loans Appropriation (HB 119) 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 $3,189,883 $3,189,883 $3,189,883 $3,189,883 State General Funds $3,189,883 $3,189,883 $3,189,883 $3,189,883 TOTAL PUBLIC FUNDS $3,189,883 $3,189,883 $3,189,883 $3,189,883 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 $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 $918,000 356.1 Increase funds to meet projected need and reflect the loss of prior-year reserves. State General Funds $600,000 $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized ($718,000) ($718,000) ($718,000) ($718,000) TOTAL PUBLIC FUNDS ($118,000) ($118,000) ($118,000) ($118,000) 356.99 SAC: 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 spouses and children of such members. House: 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 spouses and children of such members. Gov Rev: 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 spouses and children of such members. Governor: The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard 3648 JOURNAL OF THE SENATE and U.S. Military Reservists who served in combat zones and the spouses and children of such members. State General Funds $0 $0 $0 $0 356.100-HERO Scholarship Appropriation (HB 119) 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 spouses and children of such members. 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 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 $5,488,608 $5,488,608 $5,488,608 $5,488,608 State General Funds $0 $0 $0 $0 Lottery Proceeds $5,488,608 $5,488,608 $5,488,608 $5,488,608 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 $5,988,608 $5,988,608 $5,988,608 $5,988,608 357.1 Defer the FY09 cost of living adjustment. Lottery Proceeds ($60,332) ($60,332) ($60,332) ($60,332) 357.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) Lottery Proceeds ($106,261) ($106,261) ($106,261) $0 357.3 Reduce funds. Intergovernmental Transfers Not Itemized ($500,000) ($500,000) ($500,000) ($500,000) 357.100-HOPE Administration Appropriation (HB 119) The purpose of this appropriation is to provide scholarships that reward students with financial assistance in degree, diploma, and WEDNESDAY, APRIL 1, 2009 3649 certificate programs at eligible Georgia public and private colleges and universities, and public technical colleges. TOTAL STATE FUNDS $5,322,015 $5,322,015 $5,322,015 Lottery Proceeds $5,322,015 $5,322,015 $5,322,015 TOTAL PUBLIC FUNDS $5,322,015 $5,322,015 $5,322,015 $5,428,276 $5,428,276 $5,428,276 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 State General Funds $0 $0 $0 $0 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 $2,461,614 358.1 Reduce funds to meet projected need. Lottery Proceeds ($104,960) ($104,960) ($104,960) ($104,960) 358.99 SAC: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. House: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Gov Rev: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Governor: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. State General Funds $0 $0 $0 $0 358.100-HOPE GED Appropriation (HB 119) The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. TOTAL STATE FUNDS $2,356,654 $2,356,654 $2,356,654 $2,356,654 Lottery Proceeds $2,356,654 $2,356,654 $2,356,654 $2,356,654 TOTAL PUBLIC FUNDS $2,356,654 $2,356,654 $2,356,654 $2,356,654 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 3650 JOURNAL OF THE SENATE institution. TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS 359.1 Increase funds to meet projected need. Lottery Proceeds $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $17,189,516 $17,189,516 $17,189,516 $17,189,516 359.100-HOPE Grant Appropriation (HB 119) 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 $130,440,759 $130,440,759 $130,440,759 $130,440,759 Lottery Proceeds $130,440,759 $130,440,759 $130,440,759 $130,440,759 TOTAL PUBLIC FUNDS $130,440,759 $130,440,759 $130,440,759 $130,440,759 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 $52,177,437 $52,177,437 $52,177,437 $52,177,437 Lottery Proceeds $52,177,437 $52,177,437 $52,177,437 $52,177,437 TOTAL PUBLIC FUNDS $52,177,437 $52,177,437 $52,177,437 $52,177,437 360.1 Reduce funds to meet projected need. Lottery Proceeds ($9,854,343) ($9,854,343) ($9,854,343) ($9,854,343) 360.100-HOPE Scholarships - Private Schools Appropriation (HB 119) 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 $42,323,094 $42,323,094 $42,323,094 $42,323,094 Lottery Proceeds $42,323,094 $42,323,094 $42,323,094 $42,323,094 TOTAL PUBLIC FUNDS $42,323,094 $42,323,094 $42,323,094 $42,323,094 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. WEDNESDAY, APRIL 1, 2009 3651 TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS 361.1 Increase funds to meet projected need. Lottery Proceeds $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $35,785,571 $35,785,571 $35,785,571 $35,785,571 361.100-HOPE Scholarships - Public Schools Appropriation (HB 119) 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 $390,061,730 $390,061,730 $390,061,730 $390,061,730 Lottery Proceeds $390,061,730 $390,061,730 $390,061,730 $390,061,730 TOTAL PUBLIC FUNDS $390,061,730 $390,061,730 $390,061,730 $390,061,730 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 119) 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 $766,757 $766,757 $766,757 $766,757 3652 JOURNAL OF THE SENATE State General Funds $766,757 $766,757 TOTAL FEDERAL FUNDS $520,653 $520,653 Federal Funds Not Itemized $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 $1,487,410 363.1 Increase funds to meet projected need and reflect the loss of prior-year reserves. State General Funds $200,000 $200,000 Intergovernmental Transfers Not Itemized ($200,000) ($200,000) TOTAL PUBLIC FUNDS $0 $0 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410 $200,000 ($200,000) $0 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410 $200,000 ($200,000) $0 363.100-Leveraging Educational Assistance Partnership Program Appropriation (HB 119) 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 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 $683,951 364.1 Increase funds to meet projected need. State General Funds $818,849 $818,849 $818,849 $818,849 364.100-North Georgia Military Scholarship Grants Appropriation (HB 119) 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. WEDNESDAY, APRIL 1, 2009 3653 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 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 $507,479 $507,479 $507,479 $507,479 State General Funds $507,479 $507,479 $507,479 $507,479 TOTAL PUBLIC FUNDS $507,479 $507,479 $507,479 $507,479 365.1 Increase funds to meet projected need. State General Funds $145,000 $145,000 365.100-North Georgia ROTC Grants Appropriation (HB 119) 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 $507,479 $507,479 $652,479 $652,479 State General Funds $507,479 $507,479 $652,479 $652,479 TOTAL PUBLIC FUNDS $507,479 $507,479 $652,479 $652,479 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 $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 $5,855,278 366.100-Promise Scholarship Appropriation (HB 119) 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 3654 JOURNAL OF THE SENATE 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 119) 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 State General Funds $0 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 $5,332,698 368.99 SAC: The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages. State General Funds $0 368.100-Teacher Scholarship Appropriation (HB 119) The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages. 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 WEDNESDAY, APRIL 1, 2009 3655 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 $23,311,802 $23,311,802 $23,311,802 $23,311,802 State General Funds $23,311,802 $23,311,802 $23,311,802 $23,311,802 TOTAL AGENCY FUNDS $10,654,493 $10,654,493 $10,654,493 $10,654,493 Intergovernmental Transfers $10,654,493 $10,654,493 $10,654,493 $10,654,493 Intergovernmental Transfers Not Itemized $10,654,493 $10,654,493 $10,654,493 $10,654,493 TOTAL PUBLIC FUNDS $33,966,295 $33,966,295 $33,966,295 $33,966,295 369.1 Increase funds and the award amount from $850 to $1,100. State General Funds $6,500,000 $6,500,000 $6,500,000 $6,500,000 369.2 Reduce funds reflect the loss of prior-year reserves. Intergovernmental Transfers Not Itemized ($10,654,493) ($10,654,493) ($10,654,493) ($10,654,493) 369.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($46,608) ($46,608) ($46,608) 369.100-Tuition Equalization Grants Appropriation (HB 119) The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS $29,811,802 $29,765,194 $29,765,194 $29,765,194 State General Funds $29,811,802 $29,765,194 $29,765,194 $29,765,194 TOTAL PUBLIC FUNDS $29,811,802 $29,765,194 $29,765,194 $29,765,194 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 $803,910 $803,910 $803,910 $803,910 State General Funds $803,910 $803,910 $803,910 $803,910 TOTAL PUBLIC FUNDS $803,910 $803,910 $803,910 $803,910 370.1 Defer the FY09 cost of living adjustment. State General Funds ($8,538) ($8,538) ($8,538) ($8,538) 370.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of 3656 JOURNAL OF THE SENATE State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($21,051) ($26,819) ($23,176) $0 370.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($3,419) ($3,419) ($3,419) ($3,419) 370.4 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 370.100-Nonpublic Postsecondary Education Commission Appropriation (HB 119) 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 $750,902 $745,134 $748,777 $771,953 State General Funds $750,902 $745,134 $748,777 $771,953 TOTAL PUBLIC FUNDS $750,902 $745,134 $748,777 $771,953 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 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $448,481 $448,481 $448,481 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,236,796 $26,236,796 $26,236,796 $28,208,277 $28,208,277 $28,208,277 $1,523,000 $1,523,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,208,277 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Section Total - Final $1,129,000 $1,129,000 $1,129,000 $1,129,000 $448,481 $448,481 $448,481 $448,481 $1,129,000 $1,129,000 $448,481 $448,481 $1,129,000 $1,129,000 $448,481 $448,481 WEDNESDAY, APRIL 1, 2009 3657 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $25,903,706 $25,903,706 $27,481,187 $25,903,706 $25,903,706 $27,481,187 $25,903,706 $25,903,706 $27,481,187 $25,903,706 $25,903,706 $27,481,187 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 $1,523,000 $1,523,000 $1,523,000 $1,523,000 State General Funds $1,523,000 $1,523,000 $1,523,000 $1,523,000 TOTAL PUBLIC FUNDS $1,523,000 $1,523,000 $1,523,000 $1,523,000 371.1 Reduce funds per HB815 (2008 Session). State General Funds ($121,000) ($121,000) ($121,000) ($121,000) 371.2 Reduce funds due to the declining population of retired teachers who qualify for this benefit. State General Funds ($273,000) ($273,000) ($273,000) ($273,000) 371.99 SAC: The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS. State General Funds $0 371.100-Floor/COLA, Local System Fund Appropriation (HB 119) The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS. TOTAL STATE FUNDS $1,129,000 $1,129,000 $1,129,000 $1,129,000 State General Funds $1,129,000 $1,129,000 $1,129,000 $1,129,000 TOTAL PUBLIC FUNDS $1,129,000 $1,129,000 $1,129,000 $1,129,000 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 $0 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 3658 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS 372.1 Defer the FY09 cost of living adjustment. Retirement Payments 372.2 Reduce funds to reflect actual expenditures. Retirement Payments 372.3 Increase funds as required by HB815 (2008 Session). Retirement Payments $26,236,796 $26,236,796 $26,236,796 $26,685,277 $26,236,796 $26,236,796 $26,236,796 $26,685,277 $26,236,796 $26,236,796 $26,236,796 $26,685,277 $26,236,796 $26,236,796 $26,236,796 $26,685,277 ($273,950) ($273,950) ($273,950) ($273,950) ($180,140) ($180,140) ($180,140) ($180,140) $121,000 $121,000 $121,000 $121,000 372.100-System Administration Appropriation (HB 119) 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 $25,903,706 $25,903,706 $25,903,706 $25,903,706 State Funds Transfers $25,903,706 $25,903,706 $25,903,706 $25,903,706 Retirement Payments $25,903,706 $25,903,706 $25,903,706 $25,903,706 TOTAL PUBLIC FUNDS $26,352,187 $26,352,187 $26,352,187 $26,352,187 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.74% for State Fiscal Year 2010. Section 45: Technical College System of Georgia TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Section Total - Continuation $370,975,007 $370,975,007 $370,975,007 $370,975,007 $370,975,007 $370,975,007 $60,500,000 $60,500,000 $60,500,000 $56,750,758 $56,750,758 $56,750,758 $3,749,242 $3,749,242 $3,749,242 $191,575,000 $191,575,000 $191,575,000 $370,975,007 $370,975,007 $60,500,000 $56,750,758 $3,749,242 $191,575,000 WEDNESDAY, APRIL 1, 2009 3659 Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $100,000 $191,475,000 $40,000 $40,000 $623,090,007 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Child Care & Development Block Grant CFDA93.575 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 TOTAL PUBLIC FUNDS Section Total - Final $343,061,776 $322,639,728 $343,061,776 $322,639,728 $60,500,000 $75,906,239 $15,406,239 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $595,176,776 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $590,160,967 $321,662,636 $321,662,636 $75,906,239 $15,406,239 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $589,183,875 $347,482,215 $347,482,215 $60,226,838 $1,662,111 $58,564,727 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $599,324,053 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 $16,297,100 $16,297,100 $16,297,100 $16,297,100 State General Funds $16,297,100 $16,297,100 $16,297,100 $16,297,100 TOTAL FEDERAL FUNDS $15,400,000 $15,400,000 $15,400,000 $15,400,000 Federal Funds Not Itemized $15,400,000 $15,400,000 $15,400,000 $15,400,000 TOTAL AGENCY FUNDS $3,200,000 $3,200,000 $3,200,000 $3,200,000 Sales and Services $3,200,000 $3,200,000 $3,200,000 $3,200,000 Sales and Services Not Itemized $3,200,000 $3,200,000 $3,200,000 $3,200,000 TOTAL PUBLIC FUNDS $34,897,100 $34,897,100 $34,897,100 $34,897,100 3660 JOURNAL OF THE SENATE 373.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($316,458) ($367,420) ($317,504) $0 373.2 Reduce funds from Adult Literacy grants. State General Funds ($1,479,888) ($1,479,888) ($1,479,888) ($1,479,888) 373.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($145,008) ($145,008) ($145,008) 373.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $31,632 373.99 SAC: The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills. State General Funds $0 373.100-Adult Literacy Appropriation (HB 119) The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills. TOTAL STATE FUNDS $14,500,754 $14,304,784 $14,354,700 $14,703,836 State General Funds $14,500,754 $14,304,784 $14,354,700 $14,703,836 TOTAL FEDERAL FUNDS $15,400,000 $15,400,000 $15,400,000 $15,400,000 Federal Funds Not Itemized $15,400,000 $15,400,000 $15,400,000 $15,400,000 TOTAL AGENCY FUNDS $3,200,000 $3,200,000 $3,200,000 $3,200,000 Sales and Services $3,200,000 $3,200,000 $3,200,000 $3,200,000 Sales and Services Not Itemized $3,200,000 $3,200,000 $3,200,000 $3,200,000 TOTAL PUBLIC FUNDS $33,100,754 $32,904,784 $32,954,700 $33,303,836 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. WEDNESDAY, APRIL 1, 2009 3661 TOTAL STATE FUNDS $10,213,558 $10,213,558 $10,213,558 $10,213,558 State General Funds $10,213,558 $10,213,558 $10,213,558 $10,213,558 TOTAL FEDERAL FUNDS $3,800,000 $3,800,000 $3,800,000 $3,800,000 Federal Funds Not Itemized $3,750,000 $3,750,000 $3,750,000 $3,750,000 Temporary Assistance for Needy Families $50,000 $50,000 $50,000 $50,000 Temporary Assistance for Needy Families Grant CFDA93.558 $50,000 $50,000 $50,000 $50,000 TOTAL AGENCY FUNDS $1,400,000 $1,400,000 $1,400,000 $1,400,000 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 $1,300,000 $1,300,000 $1,300,000 $1,300,000 Sales and Services Not Itemized $1,300,000 $1,300,000 $1,300,000 $1,300,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $40,000 $40,000 $40,000 $40,000 State Funds Transfers $40,000 $40,000 $40,000 $40,000 Agency to Agency Contracts $40,000 $40,000 $40,000 $40,000 TOTAL PUBLIC FUNDS $15,453,558 $15,453,558 $15,453,558 $15,453,558 374.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($241,366) ($280,235) ($242,163) $0 374.2 Reduce funds from operations. State General Funds ($220,976) ($220,976) ($220,976) ($220,976) 374.3 Reduce funds from personnel. State General Funds ($1,027,435) ($1,027,435) ($1,027,435) ($1,027,435) 374.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($87,238) ($87,238) ($87,238) 374.5 Reduce merit system assessments from $147 to $137 per position. State General Funds ($32,390) ($32,390) 374.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $8,848 374.7 Reduce funds. 3662 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Grant CFDA93.558 ($50,000) 374.99 SAC: The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. State General Funds $0 374.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. TOTAL STATE FUNDS $8,723,781 $8,597,674 $8,603,356 $8,854,367 State General Funds $8,723,781 $8,597,674 $8,603,356 $8,854,367 TOTAL FEDERAL FUNDS $3,800,000 $3,800,000 $3,800,000 $3,750,000 Federal Funds Not Itemized $3,750,000 $3,750,000 $3,750,000 $3,750,000 Temporary Assistance for Needy Families $50,000 $50,000 $50,000 Temporary Assistance for Needy Families Grant CFDA93.558 $50,000 $50,000 $50,000 TOTAL AGENCY FUNDS $1,400,000 $1,400,000 $1,400,000 $1,400,000 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 $1,300,000 $1,300,000 $1,300,000 $1,300,000 Sales and Services Not Itemized $1,300,000 $1,300,000 $1,300,000 $1,300,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $40,000 $40,000 $40,000 $40,000 State Funds Transfers $40,000 $40,000 $40,000 $40,000 Agency to Agency Contracts $40,000 $40,000 $40,000 $40,000 TOTAL PUBLIC FUNDS $13,963,781 $13,837,674 $13,843,356 $14,044,367 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 $16,719,604 $16,719,604 $16,719,604 $16,719,604 State General Funds $16,719,604 $16,719,604 $16,719,604 $16,719,604 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL AGENCY FUNDS $8,975,000 $8,975,000 $8,975,000 $8,975,000 Sales and Services $8,975,000 $8,975,000 $8,975,000 $8,975,000 WEDNESDAY, APRIL 1, 2009 3663 Sales and Services Not Itemized $8,975,000 $8,975,000 $8,975,000 $8,975,000 TOTAL PUBLIC FUNDS $25,994,604 $25,994,604 $25,994,604 $25,994,604 375.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($178,790) ($207,582) ($179,381) $0 375.2 Reduce funds. State General Funds ($1,756,577) ($1,756,577) ($1,756,577) ($1,756,577) 375.3 Eliminate funds for a post-graduate engineering program at Chattahoochee Technical College. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 375.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($145,842) ($145,842) ($145,842) 375.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $16,253 375.99 SAC: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. State General Funds $0 375.100-Quick Start and Customized Services Appropriation (HB 119) The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. TOTAL STATE FUNDS $14,584,237 $14,409,603 $14,437,804 $14,633,438 State General Funds $14,584,237 $14,409,603 $14,437,804 $14,633,438 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL AGENCY FUNDS $8,975,000 $8,975,000 $8,975,000 $8,975,000 Sales and Services $8,975,000 $8,975,000 $8,975,000 $8,975,000 Sales and Services Not Itemized $8,975,000 $8,975,000 $8,975,000 $8,975,000 3664 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $23,859,237 $23,684,603 $23,712,804 $23,908,438 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 $327,744,745 $327,744,745 $327,744,745 $327,744,745 State General Funds $327,744,745 $327,744,745 $327,744,745 $327,744,745 TOTAL FEDERAL FUNDS $41,000,000 $41,000,000 $41,000,000 $41,000,000 Federal Funds Not Itemized $37,300,758 $37,300,758 $37,300,758 $37,300,758 Temporary Assistance for Needy Families $3,699,242 $3,699,242 $3,699,242 $3,699,242 Temporary Assistance for Needy Families Grant CFDA93.558 $3,699,242 $3,699,242 $3,699,242 $3,699,242 TOTAL AGENCY FUNDS $178,000,000 $178,000,000 $178,000,000 $178,000,000 Sales and Services $178,000,000 $178,000,000 $178,000,000 $178,000,000 Sales and Services Not Itemized $178,000,000 $178,000,000 $178,000,000 $178,000,000 TOTAL PUBLIC FUNDS $546,744,745 $546,744,745 $546,744,745 $546,744,745 376.1 Annualize the cost of the FY09 salary adjustment. State General Funds $3,601,300 $3,601,300 $3,601,300 $3,601,300 376.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($9,096,833) ($10,563,401) ($9,128,292) $0 376.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($952,305) ($952,305) ($952,305) ($952,305) 376.4 Reduce funds from formula funding for the technical colleges. (H:Provide for an additional reduction in personal services) State General Funds ($28,554,556) ($28,554,556) ($30,804,556) ($28,554,556) 376.5 Increase funds due to 5.2% increase in credit hours and a 15.8% increase in square footage. State General Funds $17,584,691 $17,584,691 $17,584,691 $17,584,691 376.6 Reduce funds from the Regents Program. WEDNESDAY, APRIL 1, 2009 3665 State General Funds ($296,068) ($296,068) ($296,068) ($296,068) 376.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $722,030 $722,030 $722,030 $665,297 376.8 Reduce funds and realize savings by merging administrative functions of thirteen technical colleges. State General Funds ($3,500,000) ($3,500,000) ($3,500,000) ($6,200,000) 376.9 Reduce funds from Career Academies. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) ($1,250,000) 376.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,052,530) ($3,052,530) ($3,052,530) 376.11 Recognize funds from the American Recovery and Reinvestment Act of 2009. (S:Transfer ARRA funds to the Quality Basic Education program) State General Funds ($15,406,239) ($15,406,239) $0 American Recovery and Reinvestment Act of 2009 $15,406,239 $15,406,239 $0 TOTAL PUBLIC FUNDS $0 $0 $0 376.12 Reduce funds to reflect savings from HB700 (2009 Session). State General Funds ($246,000) $0 376.97 Increase funds to reflect projected revenue receipts. Child Care & Development Block Grant CFDA93.575 $1,662,111 Federal Funds Not Itemized $1,813,969 Temporary Assistance for Needy Families Grant CFDA93.558 ($3,699,242) TOTAL PUBLIC FUNDS ($223,162) 376.99 SAC: The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase their competitiveness in the workplace. State General Funds $0 376.100-Technical Education Appropriation (HB 119) The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase their competitiveness in the workplace. TOTAL STATE FUNDS $305,253,004 $285,327,667 $284,266,776 $309,290,574 State General Funds $305,253,004 $285,327,667 $284,266,776 $309,290,574 TOTAL FEDERAL FUNDS $41,000,000 $56,406,239 $56,406,239 $40,776,838 3666 JOURNAL OF THE SENATE American Recovery and Reinvestment Act of 2009 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized $37,300,758 Temporary Assistance for Needy Families $3,699,242 Temporary Assistance for Needy Families Grant CFDA93.558 $3,699,242 TOTAL AGENCY FUNDS $178,000,000 Sales and Services $178,000,000 Sales and Services Not Itemized $178,000,000 TOTAL PUBLIC FUNDS $524,253,004 $15,406,239 $37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $519,733,906 $15,406,239 $37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $518,673,015 $1,662,111 $39,114,727 $178,000,000 $178,000,000 $178,000,000 $528,067,412 Section 46: Transportation, Department of Section Total - Continuation TOTAL STATE FUNDS $856,216,563 $856,216,563 $856,216,563 $856,216,563 State General Funds $29,659,047 $29,659,047 $29,659,047 $29,659,047 State Motor Fuel Funds $826,557,516 $826,557,516 $826,557,516 $826,557,516 TOTAL FEDERAL FUNDS $1,269,017,438 $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 $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,242,517,438 $1,242,517,438 $1,242,517,438 $1,242,517,438 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 State Funds Transfers $657,795 $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,132,651,337 $2,132,651,337 $2,132,651,337 $2,132,651,337 Section Total - Final TOTAL STATE FUNDS $763,296,975 $707,325,871 $711,995,752 $699,288,598 State General Funds $19,228,318 $19,007,214 $23,677,095 $10,449,941 State Motor Fuel Funds $744,068,657 $688,318,657 $688,318,657 $688,838,657 TOTAL FEDERAL FUNDS $1,269,017,438 $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 $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205$1,242,517,438 $1,242,517,438 $1,242,517,438 $1,242,517,438 TOTAL AGENCY FUNDS $6,759,541 $6,759,541 $6,759,541 $8,237,762 WEDNESDAY, APRIL 1, 2009 3667 Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $760,233 $5,999,308 $657,795 $657,795 $2,039,731,749 $760,233 $5,999,308 $657,795 $657,795 $1,983,760,645 $760,233 $5,999,308 $657,795 $657,795 $1,988,430,526 $760,233 $7,477,529 $657,795 $657,795 $1,977,201,593 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 $2,310,310 $2,310,310 $2,310,310 $2,310,310 State General Funds $2,310,310 $2,310,310 $2,310,310 $2,310,310 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 $3,243,105 $3,243,105 $3,243,105 $3,243,105 377.1 Defer the FY09 cost of living adjustment. State General Funds ($17,501) ($17,501) ($17,501) ($17,501) 377.2 Defer structure adjustments to the statewide salary plan. State General Funds ($34,545) ($34,545) ($34,545) ($34,545) 377.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($16,511) ($25,476) ($22,015) $0 377.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($10,043) ($10,043) ($10,043) ($10,043) 377.5 Reduce one-time funds received in HB990 (FY09G) for federally required inspections of two aircraft. 3668 JOURNAL OF THE SENATE State General Funds ($730,000) ($730,000) ($730,000) ($730,000) 377.6 Reduce funds from personnel. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 377.7 Replace funds by selling state planes. State General Funds ($1,478,221) Sales and Services Not Itemized $1,478,221 TOTAL PUBLIC FUNDS $0 377.99 SAC: The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to conduct aerial photography flights for transportation projects. State General Funds $0 377.100-Air Transportation Appropriation (HB 119) The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to conduct aerial photography flights for transportation projects. TOTAL STATE FUNDS $1,461,710 $1,452,745 $1,456,206 State General Funds $1,461,710 $1,452,745 $1,456,206 TOTAL AGENCY FUNDS $275,000 $275,000 $275,000 $1,753,221 Sales and Services $275,000 $275,000 $275,000 $1,753,221 Sales and Services Not Itemized $275,000 $275,000 $275,000 $1,753,221 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 $2,394,505 $2,385,540 $2,389,001 $2,411,016 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 $16,455,457 $16,455,457 $16,455,457 $16,455,457 State General Funds $16,455,457 $16,455,457 $16,455,457 $16,455,457 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 $22,955,457 $22,955,457 $22,955,457 $22,955,457 378.1 Defer the FY09 cost of living adjustment. WEDNESDAY, APRIL 1, 2009 3669 State General Funds ($3,866) ($3,866) ($3,866) ($3,866) 378.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($15,104) ($60,000) ($51,849) $0 378.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($7,439) ($7,439) ($7,439) ($7,439) 378.4 Reduce funds from grants for the Georgia Airport Aid program for pavement maintenance projects. State General Funds ($6,529,157) ($6,529,157) ($7,029,157) ($7,029,157) 378.5 Reduce funds for improvements at the Macon Airport. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 378.6 Reduce funds from personnel. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 378.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($192,283) ($192,283) ($192,283) 378.8 Increase funds for general airport aid. (S:Reduce remaining one-time funds provided in HB990 (FY09G) for general airport aid statewide) State General Funds $5,200,000 ($2,770,843) 378.9 Reduce funds for the Georgia Airport Aid Grant Program. State General Funds ($3,700,000) 378.99 SAC: The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement projects. State General Funds $0 378.100-Airport Aid Appropriation (HB 119) The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement projects. 3670 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $9,599,891 $9,599,891 $6,500,000 $6,500,000 $16,099,891 $9,362,712 $9,362,712 $6,500,000 $6,500,000 $15,862,712 $14,070,863 $14,070,863 $6,500,000 $6,500,000 $20,570,863 $2,451,869 $2,451,869 $6,500,000 $6,500,000 $8,951,869 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 $4,665,832 $4,665,832 $4,665,832 $4,665,832 State General Funds $901,055 $901,055 $901,055 $901,055 State Motor Fuel Funds $3,764,777 $3,764,777 $3,764,777 $3,764,777 TOTAL FEDERAL FUNDS $8,270,257 $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 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $12,998,346 $12,998,346 $12,998,346 $12,998,346 379.1 Defer the FY09 cost of living adjustment. State General Funds ($9,865) ($9,865) ($9,865) ($9,865) State Motor Fuel Funds ($62,143) ($62,143) ($62,143) ($62,143) TOTAL PUBLIC FUNDS ($72,008) ($72,008) ($72,008) ($72,008) 379.2 Defer performance based salary adjustments. State Motor Fuel Funds ($24,857) ($24,857) ($24,857) ($24,857) 379.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($46,400) $0 $0 $0 379.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. WEDNESDAY, APRIL 1, 2009 3671 State General Funds ($444,450) ($444,450) ($444,450) ($444,450) 379.5 Reduce funds and realize savings achieved with the relocation of the Crash Reporting Unit to the Traffic Management Center. State General Funds ($55,650) ($55,650) ($55,650) ($55,650) 379.6 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($75,178) ($75,178) ($75,178) ($75,178) 379.7 Reduce funds by eliminating seven vacant positions. State Motor Fuel Funds ($522,131) ($522,131) ($522,131) ($522,131) 379.8 Reduce funds from operations. State Motor Fuel Funds ($153,972) ($153,972) ($153,972) ($153,972) 379.9 Reduce funds designated for equipment purchases. State Motor Fuel Funds ($16,463) ($16,463) ($16,463) ($16,463) 379.10 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($105,259) ($105,259) ($105,259) 379.11 Reduce merit system assessments from $147 to $137 per position. State General Funds ($27,631) ($27,631) 379.99 SAC: The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs. State General Funds $0 379.100-Data Collection, Compliance and Reporting Appropriation (HB 119) The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs. TOTAL STATE FUNDS $3,254,723 $3,195,864 $3,168,233 $3,168,233 State General Funds $344,690 $391,090 $363,459 $363,459 State Motor Fuel Funds $2,910,033 $2,804,774 $2,804,774 $2,804,774 TOTAL FEDERAL FUNDS $8,270,257 $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 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $11,587,237 $11,528,378 $11,500,747 $11,500,747 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 3672 JOURNAL OF THE SENATE 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 $68,478,140 $68,478,140 $68,478,140 $68,478,140 State General Funds $638,837 $638,837 $638,837 $638,837 State Motor Fuel Funds $67,839,303 $67,839,303 $67,839,303 $67,839,303 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 $80,216,933 $80,216,933 $80,216,933 $80,216,933 380.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds ($605,950) ($605,950) ($605,950) ($605,950) 380.2 Defer performance based salary adjustments. State Motor Fuel Funds ($242,380) ($242,380) ($242,380) ($242,380) 380.3 Reduce one-time funds received in HB990 (FY09G) for the implementation of the freight logistics transport strategy. State General Funds ($388,837) ($388,837) ($388,837) ($388,837) 380.4 Reduce one-time funds received in HB990 (FY09G) to retrofit diesel school buses with pollution control devices. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 380.5 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($243,004) ($243,004) ($243,004) ($243,004) 380.6 Reduce funds from operations. State Motor Fuel Funds ($385,001) ($385,001) ($385,001) ($385,001) 380.7 Reduce funds from contracts for information technology consultants. State Motor Fuel Funds ($2,200,000) ($2,200,000) ($2,200,000) ($2,200,000) 380.8 Reduce funds designated for vehicle purchases. State Motor Fuel Funds ($51,000) ($51,000) ($51,000) ($51,000) 380.9 Reduce funds from thirty-five vacant positions. State Motor Fuel Funds ($1,416,279) ($1,416,279) ($1,416,279) ($1,416,279) 380.10 Reduce funds from contracts for mowing and landscaping. State Motor Fuel Funds ($1,790,000) ($1,790,000) ($1,790,000) ($1,790,000) 380.11 Reduce funds designated for equipment purchases. State Motor Fuel Funds ($3,658,854) ($3,658,854) ($3,658,854) ($3,658,854) WEDNESDAY, APRIL 1, 2009 3673 380.12 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($3,730,514) ($3,730,514) ($3,730,514) 380.13 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations. State Motor Fuel Funds $12,000,000 $0 380.100-Departmental Administration Appropriation (HB 119) 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 $57,246,835 $53,516,321 $65,516,321 $53,516,321 State Motor Fuel Funds $57,246,835 $53,516,321 $65,516,321 $53,516,321 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 $68,985,628 $65,255,114 $77,255,114 $65,255,114 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 $156,700,606 $156,700,606 $156,700,606 $156,700,606 State General Funds $0 $0 $0 $0 State Motor Fuel Funds $156,700,606 $156,700,606 $156,700,606 $156,700,606 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 $226,954,509 $226,954,509 $226,954,509 $226,954,509 381.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds ($331,283) ($331,283) ($331,283) ($331,283) 3674 JOURNAL OF THE SENATE 381.2 Defer performance based salary adjustments. State Motor Fuel Funds ($132,513) ($132,513) ($132,513) ($132,513) 381.3 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($701,941) ($701,941) ($701,941) ($701,941) 381.4 Reduce funds designated for equipment purchases. State Motor Fuel Funds ($52,683) ($52,683) ($52,683) ($52,683) 381.5 Reduce funds designated to purchase vehicles. State Motor Fuel Funds ($69,000) ($69,000) ($69,000) ($69,000) 381.6 Reduce funds from operations. State Motor Fuel Funds ($145,230) ($145,230) ($145,230) ($145,230) 381.7 Reduce funds for State Fund Construction - Most Needed from $21,361,261 to $2,840,344. (S:Reduce funds from the base budget for the appropriation in line 381.101) State Motor Fuel Funds ($18,520,917) ($18,520,917) ($18,520,917) ($21,361,261) Federal Highway Admin.-Planning & Construction CFDA20.205 ($18,450,000) TOTAL PUBLIC FUNDS ($39,811,261) 381.8 Reduce funds for State Fund Construction - Off System from $35,602,101 to $16,923,092. (Gov Rev:Reduce funds from State Fund Construction - Off System to $10,176,892 due to the revised revenue estimate)(S:Reduce funds from the base budget for the appropriation in line 381.102) State Motor Fuel Funds ($18,679,009) ($25,425,209) ($25,425,209) ($35,602,101) Federal Highway Admin.-Planning & Construction CFDA20.205 ($18,450,000) TOTAL PUBLIC FUNDS ($54,052,101) 381.9 Reduce funds for State Fund Construction - Local Road Assistance Program from $60,000,000 to $55,072,018. (S:Reduce funds from the base budget for the appropriation in line 381.103) State Motor Fuel Funds ($4,927,982) ($4,927,982) ($4,927,982) ($60,000,000) 381.10 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($1,827,629) ($1,827,629) ($1,827,629) 381.99 SAC: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. State General Funds $0 381.100-Local Road Assistance Appropriation (HB 119) The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. WEDNESDAY, APRIL 1, 2009 3675 TOTAL STATE FUNDS $113,140,048 State Motor Fuel Funds $113,140,048 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 $183,393,951 $104,566,219 $104,566,219 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $174,820,122 $104,566,219 $104,566,219 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $174,820,122 $36,476,968 $36,476,968 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $69,830,871 381.101 Special Project - Local Road Assistance: Increase funds for State Fund Construction - Most Needed. State Motor Fuel Funds $19,424,211 Federal Highway Admin.-Planning & Construction CFDA20.205 $18,450,000 TOTAL PUBLIC FUNDS $37,874,211 381.102 Special Project - Local Road Assistance: Increase funds for State Fund Construction - Off System. State Motor Fuel Funds $17,443,092 Federal Highway Admin.-Planning & Construction CFDA20.205 $18,450,000 TOTAL PUBLIC FUNDS $35,893,092 381.103 Special Project - Local Road Assistance: Increase funds for State Fund Construction - Local Road Assistance Program. State Motor Fuel Funds $60,000,000 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 $1,528,887 $1,528,887 $1,528,887 $1,528,887 State General Funds $1,528,887 $1,528,887 $1,528,887 $1,528,887 TOTAL PUBLIC FUNDS $1,528,887 $1,528,887 $1,528,887 $1,528,887 382.1 Defer the FY09 cost of living adjustment. State General Funds ($2,211) ($2,211) ($2,211) ($2,211) 382.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the 3676 JOURNAL OF THE SENATE cost of the plan) State General Funds ($5,822) $0 $0 $0 382.3 Reduce funds from the maintenance of state-owned dredge spoils and mosquito control. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 382.4 Reduce funds received in HB1027 (FY07G) to pay litigation costs associated with a condemnation lawsuit with the South Carolina Ports Authority and Jasper County, South Carolina. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 382.5 Eliminate funds from two positions and operations and transfer remaining funds to the Georgia Ports Authority for dike and harbor maintenance and mosquito control. State General Funds ($200,000) 382.99 SAC: The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas. State General Funds $0 382.100-Ports and Waterways Appropriation (HB 119) The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas. TOTAL STATE FUNDS $920,854 $926,676 $926,676 $726,676 State General Funds $920,854 $926,676 $926,676 $726,676 TOTAL PUBLIC FUNDS $920,854 $926,676 $926,676 $726,676 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 $303,647 $303,647 $303,647 $303,647 State General Funds $303,647 $303,647 $303,647 $303,647 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 $391,886 $391,886 $391,886 $391,886 383.1 Defer the FY09 cost of living adjustment. WEDNESDAY, APRIL 1, 2009 3677 State General Funds ($4,060) ($4,060) ($4,060) ($4,060) 383.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($7,908) $0 $0 $0 383.3 Reduce funds from the Georgia Rail Passenger Authority Board. State General Funds ($2,406) ($2,406) ($24,060) ($24,060) 383.4 Reduce funds from personnel. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 383.99 SAC: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state. State General Funds $0 383.100 -Rail Appropriation (HB 119) The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state. TOTAL STATE FUNDS $229,273 $237,181 $215,527 $215,527 State General Funds $229,273 $237,181 $215,527 $215,527 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 $317,512 $325,420 $303,766 $303,766 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 $284,919,481 $284,919,481 $284,919,481 $284,919,481 State General Funds $0 $0 $0 $0 State Motor Fuel Funds $284,919,481 $284,919,481 $284,919,481 $284,919,481 TOTAL FEDERAL FUNDS $964,973,294 $964,973,294 $964,973,294 $964,973,294 3678 JOURNAL OF THE SENATE Federal Highway Admin.-Planning & Construction CFDA20.205 $964,973,294 $964,973,294 $964,973,294 $964,973,294 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 $1,250,057,775 $1,250,057,775 $1,250,057,775 $1,250,057,775 384.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds ($1,046,665) ($1,046,665) ($1,046,665) ($1,046,665) 384.2 Defer performance based salary adjustments. State Motor Fuel Funds ($418,666) ($418,666) ($418,666) ($418,666) 384.3 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($10,067,900) ($10,067,900) ($10,067,900) ($10,067,900) 384.4 Reduce funds from operations. State Motor Fuel Funds ($404,805) ($404,805) ($404,805) ($404,805) 384.5 Reduce funds designated to purchase vehicles. State Motor Fuel Funds ($391,368) ($391,368) ($391,368) ($391,368) 384.6 Reduce funds by eliminating sixty-nine vacant positions. State Motor Fuel Funds ($7,159,964) ($7,159,964) ($7,159,964) ($7,159,964) 384.7 Reduce Funds for State Fund Construction - Most Needed from $14,240,840 to $1,893,562. State Motor Fuel Funds ($12,347,278) ($12,347,278) ($12,347,278) ($12,347,278) 384.8 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($3,584,989) ($3,584,989) ($3,584,989) 384.9 Transfer funds for the state match to federal funds to the Departmental Administration ($12,000,000), State Highway System Maintenance ($10,000,000), and State Highway System Operations ($10,000,000) programs and use for operations. (S:Transfer funds to the Local Road Assistance Program to offset grant reductions and to the Payments to the State Road and Tollway Authority to fully fund the FY10 GARVEE debt service requirements) State Motor Fuel Funds ($32,000,000) ($32,000,000) 384.10 Reduce funds from the base budget for the appropriation in line 384.101. State Motor Fuel Funds ($189,349,138) Federal Highway Admin.-Planning & Construction CFDA20.205 ($885,396,550) TOTAL PUBLIC FUNDS ($1,074,745,688) 384.99 SAC: The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects. WEDNESDAY, APRIL 1, 2009 3679 State General Funds $0 384.100-State Highway System Construction and Improvement Appropriation (HB 119) The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects. TOTAL STATE FUNDS $253,082,835 $249,497,846 $217,497,846 $28,148,746 State Motor Fuel Funds $253,082,835 $249,497,846 $217,497,846 $28,148,746 TOTAL FEDERAL FUNDS $964,973,294 $964,973,294 $964,973,294 $79,576,794 Federal Highway Admin.-Planning & Construction CFDA20.205$964,973,294 $964,973,294 $964,973,294 $79,576,794 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 $1,218,221,129 $1,214,636,140 $1,182,636,140 $107,890,540 384.101 Special Project - State Highway System Construction and Improvement: Increase funds for Capital Outlay for road construction and enhancement projects. State Motor Fuel Funds $189,349,138 Federal Highway Admin.-Planning & Construction CFDA20.205 $885,396,550 TOTAL PUBLIC FUNDS $1,074,745,688 State Highway System Maintenance Continuation Budget The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $192,591,918 $192,591,918 State General Funds State Motor Fuel Funds $192,591,918 $192,591,918 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205 $153,104,852 $153,104,852 TOTAL AGENCY FUNDS $642,602 $642,602 Sales and Services $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 TOTAL PUBLIC FUNDS $346,339,372 $346,339,372 385.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds ($1,372,765) ($1,372,765) $192,591,918 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 ($1,372,765) $192,591,918 $0 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 ($1,372,765) 3680 JOURNAL OF THE SENATE 385.2 Defer performance based salary adjustments. State Motor Fuel Funds ($549,106) ($549,106) ($549,106) ($549,106) 385.3 Reduce funds by eliminating 110 vacant positions. State Motor Fuel Funds ($6,613,384) ($6,613,384) ($6,613,384) ($6,613,384) 385.4 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($1,655,698) ($1,655,698) ($1,655,698) ($1,655,698) 385.5 Reduce funds from operations. State Motor Fuel Funds ($644,804) ($644,804) ($644,804) ($644,804) 385.6 Reduce funds from the State Forces 107 Program. State Motor Fuel Funds ($5,900,000) ($5,900,000) ($5,900,000) ($5,900,000) 385.7 Reduce funds designated to purchase vehicles. State Motor Fuel Funds ($1,207,751) ($1,207,751) ($1,207,751) ($1,207,751) 385.8 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($10,707,510) ($10,707,510) ($10,707,510) 385.9 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations. State Motor Fuel Funds $10,000,000 $0 385.10 Reduce funds from the base budget for the appropriation in line 385.101. State Motor Fuel Funds ($26,154,596) Federal Highway Admin.-Planning & Construction CFDA20.205 ($128,218,385) TOTAL PUBLIC FUNDS ($154,372,981) 385.99 SAC: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers. State General Funds $0 385.100-State Highway System Maintenance Appropriation (HB 119) The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for emergency operations on state routes, and to WEDNESDAY, APRIL 1, 2009 3681 maintain state rest areas and welcome centers. TOTAL STATE FUNDS $174,648,410 State Motor Fuel Funds $174,648,410 TOTAL FEDERAL FUNDS $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205$153,104,852 TOTAL AGENCY FUNDS $642,602 Sales and Services $642,602 Sales and Services Not Itemized $642,602 TOTAL PUBLIC FUNDS $328,395,864 $163,940,900 $163,940,900 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $317,688,354 $173,940,900 $173,940,900 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $327,688,354 $137,786,300 $137,786,300 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $163,315,354 385.101 Special Project - State Highway System Maintenance: Increase funds for Capital Outlay for maintenance projects on the state highway system. State Motor Fuel Funds $26,154,596 Federal Highway Admin.-Planning & Construction CFDA20.205 $128,218,385 TOTAL PUBLIC FUNDS $154,372,981 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 $26,491,645 $26,491,645 $26,491,645 $26,491,645 State General Funds $0 State Motor Fuel Funds $26,491,645 $26,491,645 $26,491,645 $26,491,645 TOTAL FEDERAL FUNDS $35,670,542 $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 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $66,188,427 $66,188,427 $66,188,427 $66,188,427 386.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds ($342,532) ($342,532) ($342,532) ($342,532) 386.2 Defer performance based salary adjustments. State Motor Fuel Funds ($137,013) ($137,013) ($137,013) ($137,013) 386.3 Reduce funds by eliminating twenty-three vacant positions. State Motor Fuel Funds ($4,415,328) ($4,415,328) ($4,415,328) ($4,415,328) 3682 JOURNAL OF THE SENATE 386.4 Reduce funds designated to purchase vehicles. State Motor Fuel Funds ($50,000) ($50,000) ($50,000) ($50,000) 386.5 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($399,709) ($399,709) ($399,709) ($399,709) 386.6 Reduce funds from operations. State Motor Fuel Funds ($558,303) ($558,303) ($558,303) ($558,303) 386.7 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($947,899) ($947,899) ($947,899) 386.8 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations. State Motor Fuel Funds $10,000,000 $0 386.99 SAC: The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals. State General Funds $0 386.100-State Highway System Operations Appropriation (HB 119) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals. TOTAL STATE FUNDS $20,588,760 $19,640,861 $29,640,861 $19,640,861 State Motor Fuel Funds $20,588,760 $19,640,861 $29,640,861 $19,640,861 TOTAL FEDERAL FUNDS $35,670,542 $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 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $60,285,542 $59,337,643 $69,337,643 $59,337,643 Transit Continuation Budget The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing WEDNESDAY, APRIL 1, 2009 3683 financial and technical assistance to Georgia's transit systems. TOTAL STATE FUNDS $7,520,854 $7,520,854 $7,520,854 $7,520,854 State General Funds $7,520,854 $7,520,854 $7,520,854 $7,520,854 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $27,526,854 $27,526,854 $27,526,854 $27,526,854 387.1 Defer the FY09 cost of living adjustment. State General Funds ($8,403) ($8,403) ($8,403) ($8,403) 387.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($20,510) ($55,600) ($48,046) $0 387.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($31,640) ($31,640) ($31,640) ($31,640) 387.4 Reduce funds from grants for local transit agencies for replacing transit buses, vans, and other capital maintenance items. State General Funds ($788,401) ($788,401) ($788,401) ($788,401) 387.99 SAC: The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer federal transit grants. State General Funds $0 387.100 -Transit Appropriation (HB 119) The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer federal transit grants. TOTAL STATE FUNDS $6,671,900 $6,636,810 $6,644,364 $6,692,410 State General Funds $6,671,900 $6,636,810 $6,644,364 $6,692,410 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 $20,000,000 3684 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $20,000,000 $6,000 $6,000 $6,000 $26,677,900 $20,000,000 $6,000 $6,000 $6,000 $26,642,810 $20,000,000 $6,000 $6,000 $6,000 $26,650,364 $20,000,000 $6,000 $6,000 $6,000 $26,698,410 Payments to the State Road and Tollway Authority Continuation Budget 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. TOTAL STATE FUNDS $94,249,786 $94,249,786 $94,249,786 $94,249,786 State General Funds $0 $0 $0 $0 State Motor Fuel Funds $94,249,786 $94,249,786 $94,249,786 $94,249,786 TOTAL PUBLIC FUNDS $94,249,786 $94,249,786 $94,249,786 $94,249,786 388.1 Increase funds for required debt service on issued Grant Anticipation Revenue Vehicles (GARVEE) bonds for the Fast Forward program. State Motor Fuel Funds $28,201,950 $28,201,950 $28,201,950 $31,943,901 388.2 Reduce funds for the State Transportation Infrastructure Bank due to the revised revenue estimate. State Motor Fuel Funds ($28,100,000) ($28,100,000) ($28,100,000) 388.99 SAC: The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund. State General Funds $0 388.100-Payments to the State Road and Tollway Authority Appropriation (HB 119) The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund. TOTAL STATE FUNDS $122,451,736 $94,351,736 $94,351,736 $98,093,687 State Motor Fuel Funds $122,451,736 $94,351,736 $94,351,736 $98,093,687 TOTAL PUBLIC FUNDS $122,451,736 $94,351,736 $94,351,736 $98,093,687 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 WEDNESDAY, APRIL 1, 2009 3685 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 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 $25,701,669 $25,701,669 $25,701,669 $25,701,669 $25,701,669 $25,701,669 $20,140,280 $20,140,280 $20,140,280 $20,140,280 $20,140,280 $20,140,280 $45,841,949 $45,841,949 $45,841,949 $25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Final $22,472,098 $22,198,570 $22,472,098 $22,198,570 $18,176,491 $18,176,491 $18,176,491 $18,176,491 $22,232,012 $22,232,012 $18,176,491 $18,176,491 $22,822,878 $22,822,878 $18,463,401 $18,463,401 3686 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $40,648,589 $40,375,061 $40,408,503 $41,286,279 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 $850,660 $850,660 $850,660 $850,660 State General Funds $850,660 $850,660 $850,660 $850,660 TOTAL PUBLIC FUNDS $850,660 $850,660 $850,660 $850,660 389.1 Defer the FY09 cost of living adjustment. State General Funds ($6,361) ($6,361) ($6,361) ($6,361) 389.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($20,318) ($25,195) ($21,772) $0 389.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($6,128) ($6,128) ($6,128) ($6,128) 389.4 Transfer funds from the Veterans Benefits program to meet projected expenditures. State General Funds $500,000 $500,000 $500,000 $500,000 389.5 Reduce one-time funds received in HB990 (FY09G) for a backlog of veterans case files. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 389.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($45,000) ($45,000) ($45,000) 389.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($792) ($792) 389.100-Departmental Administration Appropriation (HB 119) 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 $1,297,853 $1,247,976 $1,250,607 $1,272,379 WEDNESDAY, APRIL 1, 2009 3687 State General Funds TOTAL PUBLIC FUNDS $1,297,853 $1,297,853 $1,247,976 $1,247,976 $1,250,607 $1,250,607 $1,272,379 $1,272,379 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 $570,702 $570,702 $570,702 $570,702 State General Funds $570,702 $570,702 $570,702 $570,702 TOTAL FEDERAL FUNDS $35,700 $35,700 $35,700 $35,700 Federal Funds Not Itemized $35,700 $35,700 $35,700 $35,700 TOTAL PUBLIC FUNDS $606,402 $606,402 $606,402 $606,402 390.1 Defer the FY09 cost of living adjustment. State General Funds ($4,294) ($4,294) ($4,294) ($4,294) 390.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($14,223) ($17,637) ($15,241) $0 390.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($260) ($260) ($260) ($260) 390.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,500) ($5,500) ($5,500) 390.100-Georgia Veterans Memorial Cemetery Appropriation (HB 119) 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 $551,925 $543,011 $545,407 $560,648 State General Funds $551,925 $543,011 $545,407 $560,648 TOTAL FEDERAL FUNDS $35,700 $35,700 $35,700 $35,700 Federal Funds Not Itemized $35,700 $35,700 $35,700 $35,700 3688 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $587,625 $578,711 $581,107 $596,348 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 $6,129,026 $6,129,026 $6,129,026 $6,129,026 State General Funds $6,129,026 $6,129,026 $6,129,026 $6,129,026 TOTAL FEDERAL FUNDS $5,821,556 $5,821,556 $5,821,556 $5,821,556 Federal Funds Not Itemized $5,821,556 $5,821,556 $5,821,556 $5,821,556 TOTAL PUBLIC FUNDS $11,950,582 $11,950,582 $11,950,582 $11,950,582 391.1 Reduce funds and payments to the Medical College of Georgia for operations. State General Funds ($373,110) ($373,110) ($373,110) $0 Federal Funds Not Itemized ($286,910) ($286,910) ($286,910) $0 TOTAL PUBLIC FUNDS ($660,020) ($660,020) ($660,020) $0 391.99 SAC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical College of Georgia. State General Funds $0 391.100-Georgia War Veterans Nursing Home - Augusta Appropriation (HB 119) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical College of Georgia. TOTAL STATE FUNDS $5,755,916 $5,755,916 $5,755,916 $6,129,026 State General Funds $5,755,916 $5,755,916 $5,755,916 $6,129,026 TOTAL FEDERAL FUNDS $5,534,646 $5,534,646 $5,534,646 $5,821,556 Federal Funds Not Itemized $5,534,646 $5,534,646 $5,534,646 $5,821,556 TOTAL PUBLIC FUNDS $11,290,562 $11,290,562 $11,290,562 $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 $11,502,288 $11,502,288 $11,502,288 $11,502,288 State General Funds $11,502,288 $11,502,288 $11,502,288 $11,502,288 TOTAL FEDERAL FUNDS $9,659,584 $9,659,584 $9,659,584 $9,659,584 Federal Funds Not Itemized $9,659,584 $9,659,584 $9,659,584 $9,659,584 WEDNESDAY, APRIL 1, 2009 3689 TOTAL PUBLIC FUNDS $21,161,872 $21,161,872 $21,161,872 $21,161,872 392.1 Reduce funds from the Georgia War Veterans Home Domiciliary and close the facility. State General Funds ($2,239,896) ($2,239,896) ($2,239,896) ($2,239,896) Federal Funds Not Itemized ($1,676,879) ($1,676,879) ($1,676,879) ($1,676,879) TOTAL PUBLIC FUNDS ($3,916,775) ($3,916,775) ($3,916,775) ($3,916,775) 392.99 SAC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. House: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Gov Rev: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Governor: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. State General Funds $0 $0 $0 $0 392.100-Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 119) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $9,262,392 $9,262,392 $9,262,392 State General Funds $9,262,392 $9,262,392 $9,262,392 TOTAL FEDERAL FUNDS $7,982,705 $7,982,705 $7,982,705 Federal Funds Not Itemized $7,982,705 $7,982,705 $7,982,705 TOTAL PUBLIC FUNDS $17,245,097 $17,245,097 $17,245,097 $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 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 $6,648,993 $6,648,993 $6,648,993 $6,648,993 State General Funds $6,648,993 $6,648,993 $6,648,993 $6,648,993 TOTAL FEDERAL FUNDS $4,623,440 $4,623,440 $4,623,440 $4,623,440 Federal Funds Not Itemized $4,623,440 $4,623,440 $4,623,440 $4,623,440 TOTAL PUBLIC FUNDS $11,272,433 $11,272,433 $11,272,433 $11,272,433 393.1 Defer the FY09 cost of living adjustment. State General Funds ($68,862) ($68,862) ($68,862) ($68,862) 393.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce 3690 JOURNAL OF THE SENATE funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($168,642) ($209,158) ($180,743) $0 393.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($7,477) ($7,477) ($7,477) ($7,477) 393.4 Eliminate funds received in HB990 (FY09G) for a web-based system that would enable veterans to submit forms and claims information online. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 393.5 Transfer funds to the Departmental Administration program to meet projected expenditures. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 393.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($174,221) ($174,221) ($174,221) 393.100-Veterans Benefits Appropriation (HB 119) The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled. TOTAL STATE FUNDS $5,604,012 $5,389,275 $5,417,690 $5,598,433 State General Funds $5,604,012 $5,389,275 $5,417,690 $5,598,433 TOTAL FEDERAL FUNDS $4,623,440 $4,623,440 $4,623,440 $4,623,440 Federal Funds Not Itemized $4,623,440 $4,623,440 $4,623,440 $4,623,440 TOTAL PUBLIC FUNDS $10,227,452 $10,012,715 $10,041,130 $10,221,873 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $17,720,194 $17,720,194 $17,720,194 $17,720,194 $17,720,194 $17,720,194 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $17,920,194 $17,920,194 $17,920,194 $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 WEDNESDAY, APRIL 1, 2009 3691 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $18,943,565 $18,831,434 $18,943,565 $18,831,434 $200,000 $200,000 $200,000 $200,000 $19,143,565 $19,031,434 $18,896,364 $18,896,364 $200,000 $200,000 $19,096,364 $19,319,813 $19,319,813 $200,000 $200,000 $19,519,813 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 $11,216,053 $11,216,053 $11,216,053 $11,216,053 State General Funds $11,216,053 $11,216,053 $11,216,053 $11,216,053 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 $175,000 Sales and Services $175,000 $175,000 $175,000 $175,000 Sales and Services Not Itemized $175,000 $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $11,391,053 $11,391,053 $11,391,053 $11,391,053 394.1 Defer the FY09 cost of living adjustment. State General Funds ($125,557) ($125,557) ($125,557) ($125,557) 394.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($317,638) ($411,890) ($67,517) $0 394.100-Administer the Workers' Compensation Laws Appropriation (HB 119) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,772,858 $10,678,606 $11,022,979 $11,090,496 State General Funds $10,772,858 $10,678,606 $11,022,979 $11,090,496 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 $175,000 Sales and Services $175,000 $175,000 $175,000 $175,000 3692 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $175,000 $10,947,858 $175,000 $10,853,606 $175,000 $11,197,979 $175,000 $11,265,496 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 $6,504,141 $6,504,141 $6,504,141 $6,504,141 State General Funds $6,504,141 $6,504,141 $6,504,141 $6,504,141 TOTAL AGENCY FUNDS $25,000 $25,000 $25,000 $25,000 Sales and Services $25,000 $25,000 $25,000 $25,000 Sales and Services Not Itemized $25,000 $25,000 $25,000 $25,000 TOTAL PUBLIC FUNDS $6,529,141 $6,529,141 $6,529,141 $6,529,141 395.1 Defer the FY09 cost of living adjustment. State General Funds ($24,894) ($24,894) ($24,894) ($24,894) 395.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($60,253) ($78,132) ($355,932) $0 395.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $32,528 $32,528 $32,528 $32,528 395.4 Increase funds and payments to the State Treasury from $1,961,807 to $3,680,992. State General Funds $1,719,185 $1,719,185 $1,719,185 $1,719,185 395.5 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,643) ($1,643) 395.100-Board Administration Appropriation (HB 119) 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 $8,170,707 $8,152,828 $7,873,385 $8,229,317 WEDNESDAY, APRIL 1, 2009 3693 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,170,707 $25,000 $25,000 $25,000 $8,195,707 $8,152,828 $25,000 $25,000 $25,000 $8,177,828 $7,873,385 $25,000 $25,000 $25,000 $7,898,385 $8,229,317 $25,000 $25,000 $25,000 $8,254,317 Section 49: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS $1,009,675,013 $1,009,675,013 $1,009,675,013 $1,009,675,013 State General Funds $794,073,670 $794,073,670 $794,073,670 $794,073,670 State Motor Fuel Funds $215,601,343 $215,601,343 $215,601,343 $215,601,343 TOTAL PUBLIC FUNDS $1,009,675,013 $1,009,675,013 $1,009,675,013 $1,009,675,013 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Final $1,138,833,815 $1,131,575,314 $914,152,472 $906,893,971 $224,681,343 $224,681,343 $1,138,833,815 $1,131,575,314 $1,131,188,771 $906,507,428 $224,681,343 $1,131,188,771 $1,125,168,809 $901,007,466 $224,161,343 $1,125,168,809 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS $903,133,634 $903,133,634 $903,133,634 $903,133,634 State General Funds $708,070,991 $708,070,991 $708,070,991 $708,070,991 State Motor Fuel Funds $195,062,643 $195,062,643 $195,062,643 $195,062,643 TOTAL PUBLIC FUNDS $903,133,634 $903,133,634 $903,133,634 $903,133,634 396.1 Increase funds to meet additional debt service requirements on issued bonds. State General Funds $790,780 $790,780 $790,780 $790,780 396.2 Transfer funds from General Obligation (GO) Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds $86,002,679 $86,002,679 $86,002,679 $86,002,679 State Motor Fuel Funds $20,538,700 $20,538,700 $20,538,700 $20,538,700 TOTAL PUBLIC FUNDS $106,541,379 $106,541,379 $106,541,379 $106,541,379 396.3 Utilize existing funds from prior year unspent balance of $31,393,806 to meet FY10 debt service requirements. (G:YES)(S:YES) State General Funds $0 $0 $0 $0 3694 JOURNAL OF THE SENATE 396.4 Utilize existing funds from prior year unspent balance of $9,216,563 to meet FY10 debt service requirements. (G:YES)(S:YES) State Motor Fuel Funds $0 $0 $0 $0 396.5 Reduce funds for debt service to reflect actual needs. State General Funds ($7,258,501) ($7,258,501) ($7,258,501) 396.6 Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds from HB85 (FY06G) for the Georgia Ports Authority for Container Berths 4, 5, and 6 overlay upgrade. State General Funds ($22,351) ($22,351) 396.100-General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) $1,010,465,793 $1,003,207,292 $1,003,184,941 $794,864,450 $787,605,949 $787,583,598 $215,601,343 $215,601,343 $215,601,343 $1,010,465,793 $1,003,207,292 $1,003,184,941 $1,003,184,941 $787,583,598 $215,601,343 $1,003,184,941 General Obligation Debt Sinking Fund - New Continuation Budget TOTAL STATE FUNDS $106,541,379 $106,541,379 $106,541,379 State General Funds $86,002,679 $86,002,679 $86,002,679 State Motor Fuel Funds $20,538,700 $20,538,700 $20,538,700 TOTAL PUBLIC FUNDS $106,541,379 $106,541,379 $106,541,379 397.1 Transfer funds from GO Bonds New to Go Bonds Issued to reflect the issuance of new bonds. $106,541,379 $86,002,679 $20,538,700 $106,541,379 State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Total Debt Service 10 year at 5.27% ($86,002,679) ($86,002,679) ($86,002,679) ($86,002,679) ($20,538,700) ($20,538,700) ($20,538,700) ($20,538,700) ($106,541,379) ($106,541,379) ($106,541,379) ($106,541,379) State General Funds 20 year at 5.75% $1,521,920 $1,521,920 $1,521,920 State General Funds State Motor Fuel Funds 20 year at 6% $83,967,608 $8,560,000 WEDNESDAY, APRIL 1, 2009 3695 State General Funds 20 year at 6.5% State General Funds State Motor Fuel Funds 20 year at 7% State General Funds 20 year at 7.5% State General Funds 5 year at 5% State General Funds 5 year at 5.25% State General Funds Total Debt Service State General Funds State Motor Fuel Funds Total Principal Amount 10 year at 5.27% State General Funds 20 year at 5.75% State General Funds State Motor Fuel Funds 20 year at 6% State General Funds 20 year at 6.5% $58,860 $89,184,214 $9,080,000 $89,184,214 $9,080,000 $86,442,962 $9,080,000 $1,283,840 $1,335,520 $28,061,880 $28,581,888 $28,581,888 $29,675,108 $119,288,022 $119,288,022 $118,923,830 $113,423,868 $9,080,000 $9,080,000 $9,080,000 $8,560,000 $11,600,000 $11,600,000 $11,600,000 $980,930,000 $100,000,000 $675,000 3696 JOURNAL OF THE SENATE State General Funds State Motor Fuel Funds 20 year at 7% $982,205,000 $982,205,000 $952,015,000 $100,000,000 $100,000,000 $100,000,000 State General Funds 20 year at 7.5% $13,600,000 State General Funds 5 year at 5% $13,600,000 State General Funds 5 year at 5.25% $121,480,000 State General Funds Total Principal $122,880,000 $122,880,000 $127,580,000 State General Funds State Motor Fuel Funds $1,116,685,000 $1,116,685,000 $1,104,795,000 $1,116,685,000 $100,000,000 $100,000,000 $100,000,000 $100,000,000 397.100-General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) ($2) ($2) ($2) $0 ($2) ($2) ($2) $0 $0 $0 $0 $0 ($2) ($2) ($2) $0 Corrections, Department of 397.101 BOND: GDC multi-projects: $10,000,000 in principal for 5 years at 5%: Repair facilities statewide. From State General Funds, $2,310,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,326,000 $2,326,000 $2,326,000 $2,310,000 WEDNESDAY, APRIL 1, 2009 3697 Corrections, Department of 397.102 BOND: GDC multi-projects: $5,000,000 in principal for 20 years at 5.75%: Construct and renovate facilities statewide. From State General Funds, $428,000 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 240 months. State General Funds $454,000 $454,000 $454,000 $428,000 Corrections, Department of 397.103 BOND: GDC multi-projects: $5,000,000 in principal for 20 years at 5.75%: Fund security and life safety upgrades statewide. From State General Funds, $428,000 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 240 months. State General Funds $454,000 $454,000 $454,000 $428,000 Corrections, Department of 397.104 BOND: Headquarters and Training Academy: $15,650,000 in principal for 20 years at 5.75%: Complete the relocation to Forsyth. From State General Funds, $1,339,640 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 240 months. State General Funds $1,421,020 $1,421,020 $1,421,020 $1,339,640 Corrections, Department of 397.105 BOND: Baldwin State Prison: $1,380,000 in principal for 20 years at 5.75%: Design and construct the conversion of Baldwin State Prison to a Mental Health Prison. From State General Funds, $118,128 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in 3698 JOURNAL OF THE SENATE excess of 240 months. State General Funds $125,304 $125,304 $125,304 $118,128 Investigation, Georgia Bureau of 397.111 BOND: GBI Headquarters and Morgue: $300,000 in principal for 5 years at 5%: Upgrade the facility's electrical and fire systems. From State General Funds, $69,300 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $69,780 $69,780 $69,780 $69,300 Investigation, Georgia Bureau of 397.112 BOND: GBI Multi-Projects: $1,000,000 in principal for 5 years at 5%: Purchase crime lab equipment. From State General Funds, $231,000 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 $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 $232,600 $231,000 Juvenile Justice, Department of 397.121 BOND: DJJ Multi-Projects: $4,275,000 in principal for 5 years at 5%: Fund facility maintenance and repairs statewide. From State General Funds, $987,525 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 $4,275,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $994,365 $994,365 $994,365 $987,525 Juvenile Justice, Department of 397.122 BOND: DJJ Multi-Projects: $6,835,000 in principal for 20 years at 5.75%: Fund facility construction and renovations statewide. From State General Funds, $585,076 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, WEDNESDAY, APRIL 1, 2009 3699 both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,835,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $620,618 $620,618 $620,618 $585,076 Juvenile Justice, Department of 397.123 BOND: DJJ Multi-Projects: $4,915,000 in principal for 20 years at 5.75%: Construct a new Rockdale Regional Youth Detention Center (RYDC) and complete the Clayton RYDC 20 bed addition. From State General Funds, $420,724 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 $4,915,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $446,282 $446,282 $446,282 $420,724 Environmental Facilities Authority, Georgia 397.201 BOND: Local Government Infrastructure: $37,000,000 in principal for 20 years at 5.75%: Capitalize the state funded water and sewer construction loan program. From State General Funds, $3,167,200 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 $37,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,359,600 $3,359,600 $3,359,600 $3,167,200 Environmental Facilities Authority, Georgia 397.202 BOND: Local Government Infrastructure: $3,500,000 in principal for 20 years at 5.75%: Fund the state match for the federal Clean Water State Revolving Fund water and sewer construction loan program. From State General Funds, $299,600 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $317,800 $317,800 $317,800 $299,600 Environmental Facilities Authority, Georgia 397.203 BOND: Local Government Infrastructure: $4,500,000 in principal for 20 years at 5.75%: Fund the state match for the Drinking Water State Revolving Fund water and sewer construction loan program. From State General Funds, $385,200 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 3700 JOURNAL OF THE SENATE sewerage facilities or systems, 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 $408,600 $408,600 $408,600 $385,200 Ports Authority, Georgia 397.211 BOND: Ports Authority: $36,045,000 in principal for 20 years at 5.75%: Fund the state match to federal funds for the Savannah Harbor Expansion Project. From State General Funds, $3,085,452 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 $36,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,272,886 $3,272,886 $3,272,886 $3,085,452 Regional Transportation Authority, Georgia 397.221 BOND: Xpress: $0 in principal for 10 years at 5.75%: Fund the state match to federal funds to purchase buses for the Xpress service. State General Funds $1,521,920 $1,521,920 $1,521,920 $0 Regional Transportation Authority, Georgia 397.222 BOND: Xpress: $0 in principal for 20 years at 5.75%: Fund the state match to federal funds to construct two Xpress Park-and-Ride Lots. State General Funds $335,960 $335,960 $335,960 $0 Regional Transportation Authority, Georgia 397.223 BOND: Xpress: $0 in principal for 20 years at 5.75%: Fund a matching grant program for Community Improvement Districts (CID) for projects on state routes that meet mobility enhancement criteria in major employment centers. State General Funds $1,816,000 $1,816,000 $1,816,000 $0 Transportation, Department of 397.231 BOND: Rail Lines: $3,500,000 in principal for 20 years at 5.75%: Rehabilitate the rail line between Nunez and Vidalia and provide for an extension of McNatt Boulevard for a rail crossing. From State General Funds, $299,600 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. WEDNESDAY, APRIL 1, 2009 3701 State General Funds $317,800 $317,800 $317,800 $299,600 Transportation, Department of 397.232 BOND: Fast Forward: $100,000,000 in principal for 20 years at 5.75%: Fund road projects statewide. From State Motor Fuel Funds, $8,560,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State Motor Fuel Funds $9,080,000 $9,080,000 $9,080,000 $8,560,000 Transportation, Department of 397.233 BOND: Rail Lines: $4,200,000 in principal for 20 years at 5.75%: Rehabilitate the rail line from Lyerly to Coosa ($2,000,000), fund the St. Augustine Road Rail Switching Yard Expansion ($1,000,000), and rehabilitate two bridges on the Heart of Georgia rail line in Montgomery County and Wilcox County ($1,200,000). From State General Funds, $359,520 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $359,520 World Congress Center Authority 397.241 BOND: Georgia World Congress Center: $3,200,000 in principal for 20 years at 5.75%: Renovate the Georgia World Congress Center and replace the roof of the Thomas Murphy Ballroom and Sidney Marcus Auditorium. From State General Funds, $273,920 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $290,560 $273,920 Georgia International and Maritime Trade Center Authority 397.251 BOND: Georgia International and Maritime Trade Center Authority: $4,000,000 in principal for 20 years at 5.75%: Construct passenger intermodal and docking facilities on the River Walk. From State General Funds, $342,400 is specifically appropriated for the purpose of financing projects and 3702 JOURNAL OF THE SENATE facilities for the Georgia International and Maritime Trade 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 $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 $342,400 Economic Development, Department of 397.261 BOND: Herty Advanced Materials Development Center: $250,000 in principal for 20 years at 5.75%: Design and construct a covered biofuels testing facility. From State General Funds, $21,400 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 $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 $21,400 Education, Department of 397.301 BOND: K - 12 Schools: $105,205,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular for local school construction. From State General Funds, $9,005,548 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 $105,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $9,552,614 $9,552,614 $9,552,614 $9,005,548 Education, Department of 397.302 BOND: K - 12 Schools: $111,310,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. From State General Funds, $9,528,136 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 $111,310,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $10,106,948 $10,106,948 $10,106,948 $9,528,136 Education, Department of 397.303 BOND: K - 12 Schools: $78,690,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular Advance for local school construction. WEDNESDAY, APRIL 1, 2009 3703 From State General Funds, $6,735,864 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 $78,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $7,145,052 $7,145,052 $7,145,052 $6,735,864 Education, Department of 397.304 BOND: K - 12 Schools: $2,020,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $172,912 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 $2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,089,600 $1,089,600 $183,416 $172,912 Education, Department of 397.305 BOND: K - 12 Equipment: $7,000,000 in principal for 5 years at 5%: Purchase vocational equipment. From State General Funds, $1,617,000 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,628,200 $1,628,200 $1,628,200 $1,617,000 Education, Department of 397.306 BOND: K - 12 Schools: $3,990,000 in principal for 5 years at 5%: Fund facility repairs and improvements at state schools. From State General Funds, $921,690 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $3,990,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $928,074 $928,074 $928,074 $921,690 Education, Department of 397.307 BOND: K - 12 Schools: $9,980,000 in principal for 20 years at 5.75%: Provide additional funds to schools that meet low wealth eligibility requirements per OCGA 10-2-262 (d)(1)(5) to assist with major capital projects. From State General Funds, $854,288 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $9,980,000 in principal amount of General Obligation Debt, the instruments 3704 JOURNAL OF THE SENATE of which shall have maturities not in excess of 240 months. State General Funds $854,288 Building Authority, Georgia 397.401 BOND: GBA Parking Facilities: $0 in principal for 20 years at 5.75%: Design and construct the South Parking Deck as part of the Capitol Hill Master Plan. State General Funds $4,523,202 $4,523,202 $3,632,000 $0 Building Authority, Georgia 397.402 BOND: GBA Parking Facilities: $0 in principal for 5 years at 5%: Purchase equipment for parking improvements for revenue collection and access control. State General Funds $325,640 $325,640 $0 $0 Building Authority, Georgia 397.403 BOND: Georgia History Museum: $0 in principal for 5 years at 5%: Design space and exhibits. State General Funds $232,600 $232,600 $0 $0 Building Authority, Georgia 397.404 BOND: GBA multi-projects: $2,730,000 in principal for 20 years at 5.75%: Renovate the Judicial Building. From State General Funds, $233,688 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 $2,730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $247,884 $233,688 Building Authority, Georgia 397.405 BOND: GBA multi-projects: $6,395,000 in principal for 20 years at 5.75%: Renovate to correct facility deficiencies at 2 Peachtree and 90 Central. (S:Correct additional facility deficiencies) From State General Funds, $547,412 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 $6,395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $363,200 $547,412 WEDNESDAY, APRIL 1, 2009 3705 Financing and Investment Commission, Georgia State 397.411 BOND: Americans with Disability Act: $1,500,000 in principal for 5 years at 5%: Fund ADA related facilities improvements statewide. From State General Funds, $346,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 $348,900 $348,900 $348,900 $346,500 Revenue, Department of 397.421 BOND: Tax System: $10,000,000 in principal for 5 years at 5%: Continue implementation of the Integrated Tax System. From State General Funds, $2,310,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,326,000 $2,326,000 $2,326,000 $2,310,000 Revenue, Department of 397.422 BOND: Tax System: $750,000 in principal for 5 years at 5%: Complete implementation of the Enterprise Data Warehouse. From State General Funds, $173,250 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 $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 $174,450 $174,450 $174,450 $173,250 Human Resources, Department of 397.501 BOND: Central State Hospital: $2,425,000 in principal for 20 years at 5.75%: Replace natural gas line and roof. From State General Funds, $207,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities 3706 JOURNAL OF THE SENATE not in excess of 240 months. State General Funds $220,190 $220,190 $220,190 $207,580 Human Resources, Department of 397.502 BOND: East Central Regional Hospital: $1,510,000 in principal for 20 years at 5.75%: Replace fire alarm monitoring system and cooling tower and perform asbestos abatement. From State General Funds, $129,256 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 $137,108 $137,108 $137,108 $129,256 Human Resources, Department of 397.503 BOND: Atlanta Regional Hospital: $815,000 in principal for 20 years at 5.75%: Replace perimeter fence. From State General Funds, $69,764 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 $815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $74,002 $74,002 $74,002 $69,764 Human Resources, Department of 397.504 BOND: Southwestern State Hospital - Thomasville: $3,570,000 in principal for 20 years at 5.75%: Replace electrical distribution system and air handler systems. From State General Funds, $305,592 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 $3,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $324,156 $324,156 $324,156 $305,592 Human Resources, Department of 397.505 BOND: Northwest Georgia Regional Hospital: $400,000 in principal for 5 years at 5%: Repair mechanical systems. From State General Funds, $92,400 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, WEDNESDAY, APRIL 1, 2009 3707 enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $93,040 $93,040 $93,040 $92,400 Human Resources, Department of 397.506 BOND: Outdoor Therapeutic Program: $360,000 in principal for 20 years at 5.75%: Design, construct, and equip school expansion and renovation. From State General Funds, $30,816 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $32,688 $32,688 $32,688 $30,816 Veterans Service, Department of 397.511 BOND: Georgia Veterans Memorial Cemetery: $360,000 in principal for 20 years at 5.75%: Provide the state match to federal funds to plan and program, design, construct, and equip Phase 2 of the cemetery expansion. From State General Funds, $30,816 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $32,688 $32,688 $32,688 $30,816 Veterans Service, Department of 397.512 BOND: Georgia War Veterans Nursing Home, Milledgeville: $505,000 in principal for 20 years at 5.75%: Provide the state match to federal funds to design, construct, and equip electrical improvements and interior renovations at the Wood Building. From State General Funds, $43,228 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 $505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $45,854 $45,854 $45,854 $43,228 3708 JOURNAL OF THE SENATE Veterans Service, Department of 397.513 BOND: Georgia War Veterans Nursing Home, Milledgeville: $315,000 in principal for 20 years at 5.75%: Provide the state match to federal funds to design, construct, and equip electrical improvements and interior renovations at the Vinson Building. From State General Funds, $26,964 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 $315,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $28,602 $28,602 $28,602 $26,964 University System of Georgia, Board of Regents 397.601 BOND: Gordon College: $1,260,000 in principal for 5 years at 5%: Purchase equipment for the Nursing/Health building. From State General Funds, $291,060 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 $1,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $293,076 $293,076 $293,076 $291,060 University System of Georgia, Board of Regents 397.602 BOND: Georgia Perimeter College: $1,000,000 in principal for 5 years at 5%: Purchase equipment for the Alpharetta Academic Facility. 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 60 months. State General Funds $232,600 $232,600 $232,600 $231,000 University System of Georgia, Board of Regents 397.603 BOND: Southern Polytechnic State University: $3,690,000 in principal for 5 years at 5%: Purchase equipment for the Engineering Technology Center. From State General Funds, $852,390 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 WEDNESDAY, APRIL 1, 2009 3709 of not more than $3,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $858,294 $858,294 $858,294 $852,390 University System of Georgia, Board of Regents 397.604 BOND: University of Georgia: $5,975,000 in principal for 20 years at 5.75%: Design, construct, and equip a new Central Utility Plant in the Northwest Precinct. From State General Funds, $511,460 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 $5,975,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $542,530 $542,530 $542,530 $511,460 University System of Georgia, Board of Regents 397.605 BOND: Darton College: $1,600,000 in principal for 20 years at 5.75%: Acquire and renovate strategic property. From State General Funds, $136,960 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 240 months. State General Funds $145,280 $145,280 $0 $136,960 University System of Georgia, Board of Regents 397.606 BOND: College of Coastal Georgia: $13,300,000 in principal for 20 years at 5.75%: Construct the Health Sciences Building. From State General Funds, $1,138,480 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 $13,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,207,640 $1,207,640 $1,207,640 $1,138,480 University System of Georgia, Board of Regents 397.607 BOND: Fort Valley State University: $13,400,000 in principal for 20 years at 5.75%: Design and construct renovations for Huntington Hall, Ohio Hall, and the Isaac Miller Science Building. From State General Funds, $1,147,040 is specifically appropriated for the purpose of financing projects and 3710 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 $13,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,216,720 $1,216,720 $0 $1,147,040 University System of Georgia, Board of Regents 397.608 BOND: Georgia College and State University: $0 in principal for 20 years at 5.75%: Design and construct renovations for Historic Ennis Hall. State General Funds $892,110 $892,110 $892,110 $0 University System of Georgia, Board of Regents 397.609 BOND: Georgia Gwinnett College: $2,000,000 in principal for 20 years at 5.75%: Design and construct infrastructure and utility improvements. From State General Funds, $171,200 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 $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 $181,600 $181,600 $181,600 $171,200 University System of Georgia, Board of Regents 397.610 BOND: Georgia Institute of Technology: $43,000,000 in principal for 20 years at 5.75%: Construct the Undergraduate Learning Commons. From State General Funds, $3,680,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $43,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,904,400 $3,904,400 $3,904,400 $3,680,800 University System of Georgia, Board of Regents 397.611 BOND: Gainesville State College: $31,200,000 in principal for 20 years at 5.75%: Construct an academic facility. From State General Funds, $2,670,720 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 WEDNESDAY, APRIL 1, 2009 3711 of not more than $31,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,832,960 $2,832,960 $2,270,000 $2,670,720 University System of Georgia, Board of Regents 397.612 BOND: Kennesaw State University: $19,000,000 in principal for 20 years at 5.75%: Design and construct the laboratory addition to the science building. From State General Funds, $1,626,400 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 $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,622,142 $1,622,142 $1,725,200 $1,626,400 University System of Georgia, Board of Regents 397.613 BOND: Middle Georgia College: $500,000 in principal for 5 years at 5%: Design, construct, and equip the Georgia Hall renovation. 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 $116,300 $116,300 $116,300 $115,500 University System of Georgia, Board of Regents 397.614 BOND: Macon State College: $20,100,000 in principal for 20 years at 5.75%: Construct the teacher education building. From State General Funds, $1,720,560 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 $20,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,825,080 $1,825,080 $1,825,080 $1,720,560 University System of Georgia, Board of Regents 397.615 BOND: North Georgia College and State University: $16,445,000 in principal for 20 years at 5.75%: Design, construct, and equip renovations and additions for an historic facility related to four buildings and for campus wide technology improvements. From State General Funds, $1,407,692 is specifically appropriated for the purpose of financing projects and 3712 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 $16,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $948,406 $948,406 $948,406 $1,407,692 University System of Georgia, Board of Regents 397.616 BOND: Savannah State University: $0 in principal for 20 years at 5.75%: Design, construct, and equip the Marine Biology and Environmental Sciences building addition. State General Funds $236,080 $236,080 $236,080 $0 University System of Georgia, Board of Regents 397.617 BOND: University of Georgia: $26,600,000 in principal for 20 years at 5.75%: Construct the Special Collections Library. From State General Funds, $2,276,960 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 $26,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,415,280 $2,415,280 $2,415,280 $2,276,960 University System of Georgia, Board of Regents 397.618 BOND: Armstrong Atlantic State University: $1,100,000 in principal for 5 years at 5%: Design the Lane Library addition. From State General Funds, $254,100 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $255,860 $255,860 $255,860 $254,100 University System of Georgia, Board of Regents 397.619 BOND: Albany State University: $1,800,000 in principal for 5 years at 5%: Design the Ray Charles Fine Arts Center. From State General Funds, $415,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance WEDNESDAY, APRIL 1, 2009 3713 of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $418,680 $418,680 $0 $415,800 University System of Georgia, Board of Regents 397.620 BOND: Clayton State University: $2,100,000 in principal for 5 years at 5%: Design a new science 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 $488,460 $488,460 $0 $485,100 University System of Georgia, Board of Regents 397.621 BOND: Georgia Perimeter College: $2,200,000 in principal for 5 years at 5%: Design an academic building. From State General Funds, $508,200 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 $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $511,720 $511,720 $511,720 $508,200 University System of Georgia, Board of Regents 397.622 BOND: Georgia Southern University: $2,600,000 in principal for 5 years at 5%: Design a new biology building. 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 $604,760 $604,760 $604,760 $600,600 University System of Georgia, Board of Regents 397.623 BOND: Georgia Southwestern State University: $1,100,000 in principal for 5 years at 5%: Design a new health and human sciences building. From State General Funds, $254,100 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, 3714 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $255,860 $255,860 $255,860 $254,100 University System of Georgia, Board of Regents 397.624 BOND: University of West Georgia: $1,400,000 in principal for 5 years at 5%: Design a new nursing building. From State General Funds, $323,400 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 $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $325,640 $325,640 $325,640 $323,400 University System of Georgia, Board of Regents 397.625 BOND: Valdosta State University: $2,800,000 in principal for 5 years at 5%: Design a new health science building. From State General Funds, $646,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $651,280 $651,280 $651,280 $646,800 University System of Georgia, Board of Regents 397.626 BOND: Medical College of Georgia: $6,000,000 in principal for 5 years at 5%: Design the new Consolidated Medical Education Commons. 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 $1,395,600 $1,395,600 $1,395,600 $1,386,000 University System of Georgia, Board of Regents 397.627 BOND: University of Georgia - Griffin Campus: $800,000 in principal for 20 years at 5.75%: Fund infrastructure improvements and renovations. WEDNESDAY, APRIL 1, 2009 3715 From State General Funds, $68,480 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 $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 $72,640 $72,640 $72,640 $68,480 University System of Georgia, Board of Regents 397.628 BOND: Regents: $60,000,000 in principal for 20 years at 5.75%: Fund major repairs and rehabilitation statewide. From State General Funds, $5,136,000 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 $60,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $6,356,000 $6,356,000 $5,448,000 $5,136,000 University System of Georgia, Board of Regents 397.629 BOND: Traditional Industries Program and Georgia Research Alliance: $10,000,000 in principal for 5 years at 5%: Fund equipment for research and development infrastructure for science-based economic development. From State General Funds, $2,310,000 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 60 months. State General Funds $2,326,000 $2,326,000 $2,326,000 $2,310,000 University System of Georgia, Board of Regents 397.630 BOND: East Georgia College: $4,900,000 in principal for 20 years at 5.75%: Design and construction the Classroom, Student Services, and Administration Building. From State General Funds, $419,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have 3716 JOURNAL OF THE SENATE maturities not in excess of 240 months. State General Funds $444,920 $419,440 University System of Georgia, Board of Regents 397.631 BOND: Georgia State University: $0 in principal for 20 years at 5.75%: Acquire and develop an outdoor student recreation facility. State General Funds $871,680 $0 University System of Georgia, Board of Regents 397.632 BOND: Georgia State University: $0 in principal for 20 years at 5.75%: Complete the Parker H. Petit Science Center. State General Funds $726,400 $0 University System of Georgia, Board of Regents 397.633 BOND: Medical College of Georgia: $27,000,000 in principal for 20 years at 5.75%: Complete design, construction, and equipment of the School of Dentistry. From State General Funds, $2,311,200 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 $27,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,451,600 $2,311,200 University System of Georgia, Board of Regents 397.634 BOND: Traditional Industries Program and Georgia Research Alliance: $0 in principal for 5 years at 5%: Fund science equipment and other technology, to be matched by private funds, at University System institutions statewide. State General Funds $2,326,000 $0 University System of Georgia, Board of Regents 397.635 BOND: Atlanta Metropolitan College: $2,500,000 in principal for 20 years at 5.75%: Design and construct the Science Academic Building Addition. From State General Funds, $214,000 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $214,000 WEDNESDAY, APRIL 1, 2009 3717 Technical College System of Georgia 397.661 BOND: Technical College Multi-Projects: $20,965,000 in principal for 5 years at 5%: Purchase equipment for construction projects nearing completion. From State General Funds, $4,842,915 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $20,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $4,876,459 $4,876,459 $4,876,459 $4,842,915 Technical College System of Georgia 397.662 BOND: Technical College Multi-Projects: $14,000,000 in principal for 5 years at 5%: Replace obsolete equipment. From State General Funds, $3,234,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $3,256,400 $3,256,400 $3,256,400 $3,234,000 Technical College System of Georgia 397.663 BOND: Technical College Multi-Projects: $20,000,000 in principal for 20 years at 5.75%: Fund facility repairs and renovations. From State General Funds, $1,712,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 240 months. State General Funds $1,816,000 $1,816,000 $1,816,000 $1,712,000 Technical College System of Georgia 397.664 BOND: Central Georgia Technical College: $17,680,000 in principal for 20 years at 5.75%: Design and construct the Center for Health Sciences at the Milledgeville Campus. From State General Funds, $1,513,408 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 3718 JOURNAL OF THE SENATE than $17,680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,605,344 $1,605,344 $0 $1,513,408 Technical College System of Georgia 397.665 BOND: Griffin Technical College: $19,315,000 in principal for 20 years at 5.75%: Design and construct the Medical Technology Building. From State General Funds, $1,653,364 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $19,315,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,753,802 $1,753,802 $1,753,802 $1,653,364 Technical College System of Georgia 397.666 BOND: Moultrie Technical College: $9,540,000 in principal for 20 years at 5.75%: Design and construct the Allied Health Building. From State General Funds, $816,624 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $866,232 $866,232 $866,232 $816,624 Technical College System of Georgia 397.667 BOND: Sandersville Technical College: $10,200,000 in principal for 20 years at 5.75%: Design and construct a Health Sciences and Business Development Center. From State General Funds, $873,120 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $10,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $926,160 $926,160 $0 $873,120 Technical College System of Georgia 397.668 BOND: Altamaha Technical College: $14,375,000 in principal for 20 years at 5.75%: Design and construct a classroom building and truck driving range. From State General Funds, $1,230,500 is specifically appropriated for the purpose of financing projects and WEDNESDAY, APRIL 1, 2009 3719 facilities for the Technical College 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 $14,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,305,250 $1,305,250 $1,305,250 $1,230,500 Technical College System of Georgia 397.669 BOND: Griffin Technical College: $8,500,000 in principal for 20 years at 5.75%: Design and construct a classroom building. From State General Funds, $727,600 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $8,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $771,800 $771,800 $771,800 $727,600 Technical College System of Georgia 397.670 BOND: West Central Technical College: $8,480,000 in principal for 20 years at 5.75%: Plan, design, and construct a Classroom Building and Truck Driving Range. From State General Funds, $725,888 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $8,480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $769,984 $725,888 Technical College System of Georgia 397.671 BOND: Northwestern Technical College: $3,495,000 in principal for 20 years at 5.75%: Design and construct a campus in Catoosa County. From State General Funds, $299,172 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $3,495,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $299,172 3720 JOURNAL OF THE SENATE Technical College System of Georgia 397.672 BOND: Technical College Multi-Projects: $15,000,000 in principal for 20 years at 5.75%: 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, $1,284,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,284,000 Technical College System of Georgia 397.673 BOND: North Georgia Technical College: $6,020,000 in principal for 20 years at 5.75%: Renovate the Hoyt Coe Classroom Building on the Clarkesville campus. From State General Funds, $515,312 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $6,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $515,312 Technical College System of Georgia 397.674 BOND: Ogeechee Technical College: $6,050,000 in principal for 20 years at 5.75%: Design and construct an addition to the Health Sciences building. From State General Funds, $517,880 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $6,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $517,880 University System of Georgia, Board of Regents 397.680 BOND: Regents: $1,000,000 in principal for 5 years at 5%: Fund major repairs and rehabilitation to public libraries statewide. 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, WEDNESDAY, APRIL 1, 2009 3721 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 University System of Georgia, Board of Regents 397.681 BOND: Rockmart Library: $1,895,000 in principal for 20 years at 5.75%: Design and renovate a building as part of the Sara Hightower Regional Library System. From State General Funds, $162,212 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 Rockmart Library, for that library, through the issuance of not more than $1,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $172,066 $172,066 $0 $162,212 University System of Georgia, Board of Regents 397.682 BOND: DeKalb County Central Library Annex: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the DeKalb County Public Library System. From State General Funds, $171,200 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 DeKalb County Central Library Annex, 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 $181,600 $181,600 $0 $171,200 University System of Georgia, Board of Regents 397.683 BOND: R.T. Jones Memorial Library: $1,050,000 in principal for 20 years at 5.75%: Design and renovate as part of the Sequoyah Regional Library System. From State General Funds, $89,880 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 R.T. Jones Memorial Library, for that library, 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 240 months. State General Funds $95,340 $95,340 $95,340 $89,880 University System of Georgia, Board of Regents 397.684 BOND: Athens-Clarke County Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the Athens Regional Library System. From State General Funds, $171,200 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 Athens-Clarke 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. 3722 JOURNAL OF THE SENATE State General Funds $181,600 $181,600 $0 $171,200 University System of Georgia, Board of Regents 397.685 BOND: St. Mary's Public Library: $860,000 in principal for 20 years at 5.75%: Design and construct the renovations and expansion as part of the Three Rivers Regional Library System. From State General Funds, $73,616 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 St. Mary's Public Library, for that library, 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 240 months. State General Funds $78,088 $78,088 $78,088 $73,616 University System of Georgia, Board of Regents 397.686 BOND: Morgan County Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct the renovations and expansion as part of the Uncle Remus Regional Library System. From State General Funds, $171,200 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 Morgan 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 $181,600 $181,600 $181,600 $171,200 University System of Georgia, Board of Regents 397.687 BOND: Jeff Davis Public Library: $1,145,000 in principal for 20 years at 5.75%: Design and construct as part of the Satilla Regional Library System. From State General Funds, $98,012 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 $1,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $103,966 $103,966 $103,966 $98,012 University System of Georgia, Board of Regents 397.688 BOND: Thomasville Central Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct an addition as part of the Thomas County Public Library System. From State General Funds, $171,200 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 Thomasville Central 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 $181,600 $181,600 $0 $171,200 University System of Georgia, Board of Regents 397.689 BOND: Forest Park Branch Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the Clayton County Library WEDNESDAY, APRIL 1, 2009 3723 System. From State General Funds, $171,200 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 Forest Park Branch 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 $181,600 $181,600 $0 $171,200 University System of Georgia, Board of Regents 397.690 BOND: Northeast Regional Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the Sequoyah Regional Library System. From State General Funds, $171,200 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 Northeast Regional 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 $181,600 $181,600 $181,600 $171,200 University System of Georgia, Board of Regents 397.691 BOND: O'Kelly Memorial Library: $0 in principal for 20 years at 5.75%: Design and construct as part of the Uncle Remus Regional Library System. State General Funds $181,600 $181,600 $0 $0 University System of Georgia, Board of Regents 397.692 BOND: Oakland Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the Lee County Library System. From State General Funds, $171,200 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 Oakland 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 $181,600 $171,200 University System of Georgia, Board of Regents 397.693 BOND: Tallapoosa Public Library: $0 in principal for 20 years at 5.75%: Design and construct as part of the West Georgia Regional Library. State General Funds $36,320 $0 University System of Georgia, Board of Regents 397.694 BOND: Warren P. Sewell Memorial Library: $0 in principal for 20 years at 5.75%: Design and renovate as part of the West Georgia Regional Library. State General Funds $123,034 $0 3724 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 397.695 BOND: Greene County Public Library: $0 in principal for 20 years at 5.75%: Design and construct as part of the Uncle Remus Regional Library System. State General Funds $164,348 $0 University System of Georgia, Board of Regents 397.696 BOND: Dade County Public Library: $675,000 in principal for 20 years at 6%: Design and construct as part of the Cherokee Regional Library System. From State General Funds, $58,860 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 Dade County Public Library, for that library, through the issuance of not more than $675,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $58,860 University System of Georgia, Board of Regents 397.697 BOND: Commerce Public Library: $1,515,000 in principal for 20 years at 5.75%: Design and construct as part of the Piedmont Regional Library System. From State General Funds, $129,684 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 Commerce Public Library, for that library, through the issuance of not more than $1,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $129,684 University System of Georgia, Board of Regents 397.698 BOND: Union County Public Library: $1,665,000 in principal for 20 years at 5.75%: Design and construct as part of the Mountain Regional System. From State General Funds, $142,524 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 Union County Public Library, for that library, through the issuance of not more than $1,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $142,524 University System of Georgia, Board of Regents 397.699 BOND: Walnut Grove Library: $1,250,000 in principal for 20 years at 5.75%: Design and construct as part of the Uncle Remus Regional Library System. From State General Funds, $107,000 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Walnut Grove Library, for that library, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, WEDNESDAY, APRIL 1, 2009 3725 the instruments of which shall have maturities not in excess of 240 months. State General Funds $107,000 Agriculture, Department of 397.701 BOND: State Farmer's Markets: $1,250,000 in principal for 5 years at 5%: Design and repair facilities statewide. 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 $290,750 $290,750 $290,750 $288,750 Agriculture, Department of 397.702 BOND: Oakwood Diagnostic Laboratory: $13,600,000 in principal for 20 years at 7.5%: Design, construct, and equip a replacement facility. From State General Funds, $1,335,520 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 $13,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,234,880 $1,234,880 $1,283,840 $1,335,520 Agriculture, Department of 397.703 BOND: Agricultural Testing Laboratories: $24,000,000 in principal for 20 years at 5.75%: Construct and equip facilities. From State General Funds, $2,054,400 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 $24,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,179,200 $2,179,200 $2,179,200 $2,054,400 Forestry Commission, State 397.711 BOND: Forestry Equipment: $2,500,000 in principal for 5 years at 5%: Purchase equipment. 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, 3726 JOURNAL OF THE SENATE 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 $581,500 $581,500 $581,500 $577,500 Forestry Commission, State 397.712 BOND: Forestry Buildings: $2,910,000 in principal for 20 years at 5.75%: Fund facility repairs and renovations statewide. (S:Design and construct new facilities statewide) From State General Funds, $249,096 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 $2,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $232,600 $232,600 $232,600 $249,096 Jekyll Island State Park Authority 397.721 BOND: Jekyll Island: $25,000,000 in principal for 20 years at 5.75%: Construct a new conference center and oceanfront public park. From State General Funds, $2,140,000 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 $2,270,000 $2,270,000 $2,270,000 $2,140,000 Natural Resources, Department of 397.731 BOND: Don Carter State Park: $14,000,000 in principal for 20 years at 5.75%: Design and construct the state park. From State General Funds, $1,198,400 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,271,200 $1,271,200 $1,271,200 $1,198,400 Natural Resources, Department of 397.732 BOND: DNR State Parks: $5,000,000 in principal for 5 years at 5%: Fund facility repairs and renovations statewide. From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and WEDNESDAY, APRIL 1, 2009 3727 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 $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 $1,163,000 $1,163,000 $1,163,000 $1,155,000 Natural Resources, Department of 397.741 BOND: Georgia National Fairgrounds and Agricenter: $0 in principal for 20 years at 5.75%: Design and construct public restroom facilities. State General Funds $40,860 $40,860 $0 $0 Natural Resources, Department of 397.742 BOND: Georgia National Fairgrounds and Agricenter: $1,000,000 in principal for 20 years at 5.75%: Expand the McGill Building for equipment storage. From State General Funds, $85,600 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 $34,504 $34,504 $90,800 $85,600 Natural Resources, Department of 397.743 BOND: Georgia National Fairgrounds and Agricenter: $0 in principal for 20 years at 5.75%: Construct a parking lot for the Conference Center. State General Funds $54,480 $54,480 $0 $0 Soil and Water Conservation Commission 397.751 BOND: Soil & Water Conservation Watershed: $3,000,000 in principal for 20 years at 5.75%: Rehabilitate USDA flood control watershed structures to bring them into compliance with Georgia's Safe Dams Act. From State General Funds, $256,800 is specifically appropriated for the purpose of financing projects and facilities for the Soil and Water Conservation 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 $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 $272,400 $272,400 $272,400 $256,800 3728 JOURNAL OF THE SENATE 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. Section 52: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose, unless such purpose conflicts with state or federal law. If the stated purpose conflicts with state or federal law, then the purpose statement shall be construed as 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 53: 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 Fund" 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 authorizations for general obligation debt in Section 49, the authorizing paragraphs at WEDNESDAY, APRIL 1, 2009 3729 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. 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 but constitutes legislative intent. 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 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 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, except that when an agency receives an appropriation from the category "Total Federal Funds" and such funds are identified "Temporary Assistance for Needy Families" (TANF), the appropriation is the amount stated and the agency may not reduce such funds below the amount stated. Where federal funds received by an agency or other funds received by an agency and not remitted to the general fund of the state treasury are not otherwise restricted by state or federal law, the agency shall use such funds to supplant appropriated state funds in the following order: first, other funds received by the agency, and second, federal funds. Section 54: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 55: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. 3730 JOURNAL OF THE SENATE Senator Brown of the 26th offered the following amendment #1 to the committee substitute: Amend the committee substitute to HB 119 by reducing funds from line 397.721 on page 314 to read: Jekyll Island: $0 in principal for 20 years at 5.75%: Construct a new conference center and oceanfront public park. State General funds $0 And by increasing funds on line 392.1 Reduce funds from the Georgia War Veterans Home Domiciliary and close the facility. State General Funds $2,140,000 On the adoption of the amendment, the President asked for unanimous consent. Senator Wiles of the 37th objected. Senator Chance of the 16th asked unanimous consent that he be excused from voting on amendment #1 to the committee substitute to HB 119 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Chance was excused. On the adoption of the amendment, Senator Adelman of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth E Chance Y Chapman N Cowsert N Crosby N Douglas Y Fort N Goggans Y Golden Y Grant N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson E Hooks Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson N Rogers N Seabaugh Y Seay N Shafer Sims N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas Y Thompson,C N Thompson,S N Tolleson N Unterman N Weber WEDNESDAY, APRIL 1, 2009 3731 N Hamrick Y Harbison N Harp Y Powell Y Ramsey Y Reed N Wiles N Williams On the adoption of the amendment, the yeas were 21, nays 31, and the Brown amendment #1 to the committee substitute 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 N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed On the passage of the bill, the yeas were 52, nays 3. Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams HB 119, having received the requisite constitutional majority, was passed by substitute. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: 3732 JOURNAL OF THE SENATE SB 49. By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Cowsert of the 46th, Butterworth of the 50th 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 revise certain provisions relating to nursing education program requirements for registered professional nurses; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; 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 176. By Senator Mullis of the 53rd: A RESOLUTION dedicating the James H. Chandler, Jr. Memorial Intersection; and for other purposes. Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. WEDNESDAY, APRIL 1, 2009 3733 Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 114. By Senators Harbison of the 15th, Harp of the 29th, Douglas of the 17th and Seay of the 34th: 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 define certain terms; to provide for applicability; to provide for the transfer of students who are military dependents into a local school system; to provide for placement; to provide for a waiver of course prerequisites; to provide for additional excused absences for certain students; to provide for eligibility for enrollment; to provide for on-time graduation; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st: A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. Senator Stoner of the 6th asked unanimous consent that he be excused from voting on HB 63 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Stoner was excused. HB 63. By Representative Ehrhart of the 36th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia 3734 JOURNAL OF THE SENATE Annotated, relating to local government, so as to provide for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Balfour of the 9th. The Senate Finance Committee offered the following substitute to HB 63: A BILL TO BE ENTITLED AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive revision of redevelopment powers; to repeal in its entirety Chapter 44, the "Redevelopment Powers Law"; to reenact provisions regarding redevelopment; to provide for a short title; to provide for definitions; to provide for legislative purposes; to provide for redevelopment agencies; to provide for redevelopment powers and delegation thereof; to provide for redevelopment plan proposals and approved plans; to provide for creation and termination of the allocation districts; to provide for tax increment financing; to provide for redevelopment costs; to provide for tax allocation bonds and bond anticipation notes; to provide for millage rates; to provide for contractual agreements; to provide for use of funds; to provide for conflicts of interest, voidable contracts, and misconduct; to provide for comprehensive procedures, conditions, limitations, requirements, and applicability with regard to the foregoing; to place restrictions on the ability of local government authorities to issue revenue bonds and other revenue obligations that are payable from payments in lieu of property taxes; to provide for the applicability and nonapplicability of such restrictions; to provide for powers, duties, and responsibilities of each county board of tax assessors and local governments and local government authorities with respect to the foregoing; 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 WEDNESDAY, APRIL 1, 2009 3735 amended by repealing in its entirety Chapter 44, the "Redevelopment Powers Law." SECTION 2. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 44 36-44-1. This chapter shall be known and may be cited as the 'Redevelopment Powers Law.' 36-44-2. It is found and declared that economically and socially depressed areas exist within counties and municipalities of this state and that these areas contribute to or cause unemployment, limit the tax resources of counties and municipalities, and create a greater demand for governmental services and, in general, have a deleterious effect upon the public health, safety, morals, and welfare. It is, therefore, in the public interest that such areas be redeveloped to the maximum extent practicable to improve economic and social conditions therein in order to abate or eliminate such deleterious effects. To encourage such redevelopment, it is essential that the counties and municipalities of this state have additional powers to form a more effective partnership with private enterprise to overcome economic limitations that have previously impeded or prohibited redevelopment of such areas. It is the purpose of this chapter, therefore, to grant such additional powers to the counties and municipalities of this state, and it is the intention of the General Assembly that this chapter be liberally construed to carry out such purpose. 36-44-3. As used in this chapter, the term: (1) 'Ad valorem property taxes' means all ad valorem property taxes levied by each political subdivision and each county and independent board of education consenting to the inclusion of that board of education's property taxes as being applicable to a tax allocation district as provided by Code Section 36-44-9, except: (A) Those ad valorem property taxes levied to repay bonded indebtedness; (B) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on personal property or on motor vehicles; and (C) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on the assessed value of property owned by public utilities and railroad companies, as determined pursuant to the provisions of Chapter 5 of Title 48. (2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality; in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county; and, in the case of a consolidated government or its redevelopment agency, the area lying within the territorial boundaries of the consolidated government. 'Area of operation' may also mean the combined areas of operation of 3736 JOURNAL OF THE SENATE political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4. (3) 'Local legislative body' means the official or body in which the legislative powers of a political subdivision are vested. (4) 'Political subdivision' means any county, municipality, or consolidated government of this state. (5) 'Redevelopment' means any activity, project, or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan or the preservation or improvement of historical or natural assets within a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following: (A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of any existing building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing; (D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services; (E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance; (F) The preservation, protection, renovation, rehabilitation, restoration, alteration, improvement, maintenance, and creation of open spaces, green spaces, or recreational facilities; (G) The construction, installation, preservation, renovation, rehabilitation, reconstruction, restoration, alteration, improvement, and maintenance of public art and arts and cultural facilities; (H) The development, construction, reconstruction, repair, demolition, alteration, or expansion of structures, equipment, and facilities for mass transit; (I) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of telecommunication infrastructure; (J) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of facilities for the improvement of pedestrian access and safety; (K) Improving or increasing the value of property; and (L) The acquisition and retention or acquisition and disposition of property for WEDNESDAY, APRIL 1, 2009 3737 redevelopment purposes or the use for redevelopment purposes of property already owned by a political subdivision or any agency or instrumentality thereof. (6) 'Redevelopment agency' means the local legislative body of a political subdivision or a public body corporate and politic created as the redevelopment agency of the political subdivision or an existing public body corporate and politic designated as the redevelopment agency of the political subdivision pursuant to Code Section 36-44-4. (7) 'Redevelopment area' means an urbanized area as determined by current data from the U. S. Bureau of the Census or an area presently served by sewer that qualifies as a 'blighted or distressed area,' a 'deteriorating area,' or an 'area with inadequate infrastructure,' as follows: (A) A 'blighted or distressed area' is an area that is experiencing one or more conditions of blight as evidenced by: (i) The presence of structures, buildings, or improvements that by reason of dilapidation; deterioration; age; obsolescence; inadequate provision for ventilation, light, air, sanitation, or open space; overcrowding; conditions which endanger life or property by fire or other causes; or any combination of such factors, are conducive to ill heath, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and are detrimental to the public health, safety, morals, or welfare; (ii) The presence of a predominant number of substandard, vacant, deteriorated, or deteriorating structures; the predominance of a defective or inadequate street layout or transportation facilities; or faulty lot layout in relation to size, accessibility, or usefulness; (iii) Evidence of pervasive poverty, defined as being greater than 10 percent of the population in the area as determined by current data from the U.S. Bureau of the Census, and an unemployment rate that is 10 percent higher than the state average; (iv) Adverse effects of airport or transportation related noise or environmental contamination or degradation or other adverse environmental factors that the political subdivision has determined to be impairing the redevelopment of the area; or (v) The existence of conditions through any combination of the foregoing that substantially impair the sound growth of the community and retard the provision of housing accommodations or employment opportunities; (B) A 'deteriorating area' is an area that is experiencing physical or economic decline or stagnation as evidenced by two or more of the following: (i) The presence of a substantial number of structures or buildings that are 40 years old or older and have no historic significance; (ii) High commercial or residential vacancies compared to the political subdivision as a whole; (iii) The predominance of structures or buildings of relatively low value compared to the value of structures or buildings in the surrounding vicinity or significantly 3738 JOURNAL OF THE SENATE slower growth in the property tax digest than is occurring in the political subdivision as a whole; (iv) Declining or stagnant rents or sales prices compared to the political subdivision as a whole; (v) In areas where housing exists at present or is determined by the political subdivision to be appropriate after redevelopment, there exists a shortage of safe, decent housing that is not substandard and that is affordable for persons of low and moderate income; or (vi) Deteriorating or inadequate utility, transportation, or transit infrastructure; and (C) An 'area with inadequate infrastructure' means an area characterized by: (i) Deteriorating or inadequate parking, roadways, bridges, pedestrian access, or public transportation or transit facilities incapable of handling the volume of traffic into or through the area, either at present or following redevelopment; or (ii) Deteriorating or inadequate utility infrastructure either at present or following redevelopment. (8) 'Redevelopment costs' means any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred to achieve the redevelopment of a redevelopment area or any portion thereof designated by a redevelopment plan or any expenditures made to carry out or exercise any powers granted by this chapter. Without limiting the generality of the foregoing, redevelopment costs may include any one or more of the following: (A) Capital costs, including the costs incurred or estimated to be incurred for the construction of public works or improvements, new buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of existing buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the acquisition of equipment; and the clearing and grading of land; (B) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this chapter occurring during the estimated period of construction of any project with respect to which any capital costs within the meaning of subparagraph (A) of this paragraph are financed in whole or in part by such obligations and for a period not to exceed 42 months after completion of any such construction and including reasonable reserves related thereto and all principal and interest paid to holders of evidences of indebtedness issued to pay for other redevelopment costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity; (C) Professional service costs, including those costs incurred for architectural, planning, engineering, financial, marketing, and legal advice and services; (D) Imputed administrative costs, including reasonable charges for the time spent by public employees in connection with the implementation of a redevelopment WEDNESDAY, APRIL 1, 2009 3739 plan; (E) Relocation costs as authorized by a redevelopment plan for persons or businesses displaced by the implementation of a redevelopment plan, including but not limited to, those relocation payments made following condemnation under Chapter 4 of Title 22, 'The Georgia Relocation Assistance and Land Acquisition Policy Act'; (F) Organizational costs, including the costs of conducting environmental impact and other studies, and the costs of informing the public with respect to the creation and implementation of redevelopment plans; (G) Payments to a political subdivision or board of education in lieu of taxes to compensate for any loss of tax revenues or for any capital costs incurred because of redevelopment activity; provided, however, that any such payments to a political subdivision or board of education shall not exceed in any year the amount of the contribution to the tax allocation increment in that year by such political subdivision or board of education; and (H) Real property assembly costs. (9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which: (A) Specifies the boundaries of the proposed redevelopment area; (B) Explains the grounds for a finding by the local legislative body that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or that the redevelopment area includes one or more natural, historical, or cultural assets which have not been adequately preserved, protected, or improved and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; (C) Explains the proposed uses after redevelopment of real property within the redevelopment area; (D) Describes any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects; (E) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan; (F) Describes the type of relocation payments proposed to be authorized by the redevelopment plan; (G) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto; (H) Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan; 3740 JOURNAL OF THE SENATE (I) Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment; (J) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be: (i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects, which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparagraph shall be construed to require approval of a redevelopment plan or any part thereof by the state historic preservation officer; (K) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date; (L) Contains a map specifying the boundaries of the proposed tax allocation district and showing existing uses and conditions of real property in the proposed tax allocation district; (M) Specifies the estimated tax allocation increment base of the proposed tax allocation district; (N) Specifies ad valorem property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (3) of Code Section 36-44-8; (O) Specifies the amount of the proposed tax allocation bond issue or issues and the term and assumed rate of interest applicable thereto; (P) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; (Q) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; (R) If the plan proposes to include in the tax allocation increment ad valorem taxes levied by a board of education, the plan shall contain a school system impact analysis addressing the financial and operational impact on the school system of the proposed redevelopment, including but not limited to an estimate of the number of net new public school students that could be anticipated as redevelopment occurs; the location of school facilities within the proposed redevelopment area; an estimate of educational special purpose local option sales taxes projected to be generated by the proposed redevelopment, if any; and a projection of the average value of WEDNESDAY, APRIL 1, 2009 3741 residential properties resulting from redevelopment compared to current property values in the redevelopment area; and (S) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the proposed redevelopment area. (10) 'Resolution' means a resolution or ordinance by which a local legislative body takes official legislative action, and any duly-adopted amendment thereto. (11) 'Special fund' means the fund provided for in subsection (c) of Code Section 3644-11. (12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging for the payment or security for payment of such bonds positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution. (13) 'Tax allocation district' means a contiguous geographic area within a redevelopment area which is defined and created by resolution of the local legislative body of a political subdivision pursuant to subparagraph (B) of paragraph (3) of Code Section 36-44-8 for the purpose of issuing tax allocation bonds to finance, wholly or partly, redevelopment costs within the area. (14) 'Tax allocation increment' means that amount obtained by multiplying the total ad valorem property taxes, determined as provided in Code Section 36-44-9, levied within a tax allocation district in any year by a fraction having a numerator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district minus the tax allocation increment base and a denominator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district. In any year, a tax allocation increment is 'positive' if the tax allocation increment base is less than that year's taxable value of all taxable property subject to ad valorem property taxes and 'negative' if such base exceeds such taxable value. (15) 'Tax allocation increment base' means the taxable value of all taxable property subject to ad valorem property taxes, as certified by the state revenue commissioner, located within a tax allocation district on the effective date such district is created pursuant to Code Section 36-44-8. (16) 'Taxable property' means all real and personal property subject to ad valorem taxation by a political subdivision, including property subject to local ad valorem taxation for educational purposes. (17) 'Taxable value' means the current assessed value of taxable property as shown on the tax digest of the county in which the property is located. 3742 JOURNAL OF THE SENATE 36-44-4. (a) As an alternative to the creation of a redevelopment agency provided for by subsections (b) through (f) of this Code section, the local legislative body of a political subdivision, by resolution, may designate itself as its respective redevelopment agency and may exercise, within its respective area of operation, the redevelopment powers provided by this chapter. (b) The local legislative body of a political subdivision may create a public body corporate and politic to serve as its redevelopment agency. Any such public corporation may be created by resolution adopted by the local legislative body of the political subdivision. Such resolution may provide for the membership of the board of directors of such public corporation and their terms of office, for the powers and duties of such public corporation, and for such other matters as may reasonably be necessary and convenient for the creation and activation of such public corporation as the redevelopment agency of the political subdivision. (c) In the event a political subdivision has activated a public corporation as its 'urban redevelopment agency' or designated a housing authority as its 'urban redevelopment agency' pursuant to Code Sections 36-61-17 and 36-61-18 of the 'Urban Redevelopment Law,' the local legislative body of such political subdivision may designate such public corporation as its redevelopment agency for the purposes of this chapter. Any action taken pursuant to the authority of this subsection shall be by resolution duly adopted by the local legislative body of the political subdivision. (d) Any county, municipality, and consolidated government, or any combination of such political subdivisions, by resolution of their respective local legislative bodies, may jointly create a public corporation, or designate an existing public corporation which already exercises 'redevelopment powers' under any other law, to serve as the common redevelopment agency on behalf of such political subdivisions. The membership of the board of directors and their terms of office of any such jointly created public corporation and the powers and duties of such public corporation shall be as mutually agreed upon by the local legislative bodies of the participating political subdivisions, as evidenced by a resolution duly adopted by each such local legislative body. In the event a public corporation is created or designated, as authorized in this Code section, to serve as the common redevelopment agency of two or more political subdivisions, then the area of operation of such redevelopment agency shall be the combined areas of operation of the political subdivisions jointly creating or designating such redevelopment agency. (e) A political subdivision may participate in the creation or designation of a public corporation to serve as a common redevelopment agency as provided by subsection (d) of this Code section as well as create or designate a public corporation to serve as the redevelopment agency of the political subdivision. In such event, the members of the board of directors of the public corporation created or designated as the redevelopment agency of the political subdivision may also serve, in accordance with the provisions of the resolution of the local legislative body of the political subdivision participating in the creation or designation of a public corporation to serve as a common redevelopment WEDNESDAY, APRIL 1, 2009 3743 agency, as members of the board of directors of the jointly created public corporation. (f) For purposes of redevelopment in its downtown area, any municipality may designate a downtown development authority created pursuant to Chapter 42 of this title to serve as a redevelopment agency. Such designation shall not affect any other redevelopment agency that may exist as a part of the municipality. The area of operation of any downtown development agency designated as a redevelopment agency pursuant to this subsection shall not exceed the area of operation of the downtown development authority established pursuant to Chapter 42 of this title. 36-44-5. (a) Subject to the limitation of subsection (b) of this Code section, a political subdivision may exercise any powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the power to: (1) Describe the boundaries of one or more redevelopment areas within its area of operation, but any redevelopment area so described shall conform to the definition of a redevelopment area provided by paragraph (7) of Code Section 36-44-3; (2) Cause redevelopment plans to be prepared, to approve by resolution the plans, and to implement the provisions and effectuate the purposes of the plans; (3) Create within redevelopment areas tax allocation districts and define the boundaries thereof or designate an entire redevelopment area as a tax allocation district; (4) Define the boundaries of portions of a redevelopment area or an entire redevelopment area for the implementation of redevelopment plans other than plans calling for the creation of tax allocation districts; (5) Issue tax allocation bonds; (6) Deposit moneys into and disburse moneys from the special fund of any tax allocation district; (7) Enter into and execute any contracts, leases, mortgages, or other agreements, including agreements with bondholders or lenders, determined by the local legislative body to be necessary or convenient to implement the provisions and effectuate the purposes of redevelopment plans. The contracts or agreements may include conditions, restrictions, or covenants which either run with the land or otherwise regulate the use of land; (8) Acquire and retain or acquire and dispose of property or interests therein for redevelopment purposes or use or dispose of property or interests therein presently owned by the political subdivision for redevelopment purposes; and any disposition of such property or interests therein may be by public or private sale or lease; and (9) Exercise, for the purposes of this chapter, any powers conferred upon political subdivisions by Chapter 61 of this title, the 'Urban Redevelopment Law.' (b) The powers granted to political subdivisions by subsection (a) of this Code section and by this chapter and any powers delegated to a redevelopment agency pursuant to Code Section 36-44-6 may be exercised only for the purpose of adopting and implementing redevelopment plans, but this limitation shall not be construed to 3744 JOURNAL OF THE SENATE interfere with the exercise of any power now or hereafter possessed by a political subdivision which is granted by any other law. 36-44-6. (a) Subject to the limitations of subsection (b) of this Code section, the local legislative body of a political subdivision, by resolution, may delegate any of its redevelopment powers to its redevelopment agency created or designated pursuant to Code Section 3644-4. The local legislative body shall have authority to delegate some or all such powers in such manner and pursuant to such terms and conditions as the local legislative body shall provide by resolution. Any such resolution shall specify any powers delegated to a redevelopment agency, and such resolution may be amended, modified, or repealed by the local legislative body adopting it. (b) Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements: (1) Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7; (2) The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision; (3) A tax allocation district must be created by resolution of the local legislative body of the political subdivision; (4) The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision; (5) Except as provided in subsection (c) of this Code section, the power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and (6) A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the 'Urban Redevelopment Law.' 36-44-7. (a) A redevelopment plan may be proposed by the redevelopment agency of a political subdivision, but such plan may not be implemented until it is approved by the adoption of a resolution of the local legislative body of the political subdivision as provided in this chapter. (b) When a proposed redevelopment plan is prepared, it shall be submitted by the redevelopment agency to the local legislative body. Within the 60 day period after the plan is submitted, the local legislative body shall hold at least one public hearing on the proposed redevelopment plan. The local legislative body shall cause the time, date, place, and purpose of each such public hearing to be advertised in one or more WEDNESDAY, APRIL 1, 2009 3745 newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of each public hearing. (c) Within 45 days after completing the public hearings required by subsection (b) of this Code section, the local legislative body of the political subdivision shall schedule and hold a meeting of the local legislative body for the purpose of considering the approval of the redevelopment plan. The local legislative body shall cause the date, time, place, and purpose of such meeting to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of such meeting. At such meeting the redevelopment plan shall be approved as submitted, amended and approved, or rejected and returned to the redevelopment agency for further consideration. Any redevelopment plan rejected by the local legislative body shall be returned to the redevelopment agency and shall be subject to the public hearing requirements of subsection (b) of this Code section if it is again submitted to the local legislative body for approval, either in the same or amended form. (d) Once approved by the local legislative body, a redevelopment plan may be amended only by the local legislative body of the political subdivision. The local legislative body shall cause the date, time, place, and purpose of any meeting of the local legislative body at which an amendment to a redevelopment plan is to be considered to be advertised in the same manner as prescribed by subsection (c) of this Code section for a meeting to consider the adoption of a redevelopment plan. 36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required: (1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem property taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which: (A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or 3746 JOURNAL OF THE SENATE on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies ad valorem property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that: (i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural, historical, or cultural assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem property taxes or general funds in calculation of the tax allocation increment. 36-44-9. (a) When a tax allocation district is created within the area of operation of a municipality by the local legislative body of such municipality, property taxes for computing tax allocation increments shall be based on all ad valorem property taxes levied by the municipality. If the municipality has an independent school system, ad valorem property taxes levied for educational purposes by the municipality shall be included in computing the tax allocation increments if the local legislative body of the municipality is empowered to make the determination of the municipal ad valorem tax millage rate for educational purposes. If the board of education of the independent WEDNESDAY, APRIL 1, 2009 3747 school system is empowered to set the ad valorem tax millage rate for educational purposes and the local legislative body of the municipality does not have the authority to modify such rate set by the board of education, the tax allocation increment shall not be computed on the basis of municipal taxes for educational purposes unless the board of education of the independent school system consents, by resolution duly adopted by said board of education, to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments. (b) County ad valorem property taxes may be included in the computation of tax allocation increments of a municipal tax allocation district if the local legislative body of the county consents to such inclusion by resolution duly adopted by said local legislative body. For those municipalities which do not have an independent school system, ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments of a municipal tax allocation district if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (c) When a tax allocation district is created within the area of operation of a county by the local legislative body of the county, property taxes for computing tax allocation increments shall be based on all county ad valorem property taxes levied for county governmental purposes. Ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments for a county tax allocation district if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (d) When a tax allocation district is created within the area of operation of a consolidated government by the local legislative body of the consolidated government, property taxes for computing tax allocation increments shall be based on all consolidated government ad valorem property taxes levied for consolidated government purposes. Ad valorem property taxes levied for school district purposes within the boundaries of the consolidated government may be included in the computation of tax allocation increments for a consolidated government tax allocation district if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (e) The resolution of any county, municipality, consolidated government or board of education consenting to the inclusion of ad valorem property taxes in the computation of tax increments shall not specify the inclusion of any ad valorem property taxes not specified in the resolution creating the tax allocation district. (f) A county may pledge all or part of county general funds derived from a municipal tax allocation district for payment or security of payment of tax allocation bonds issued 3748 JOURNAL OF THE SENATE by the municipality and for payment of other redevelopment costs of the tax allocation district if the local legislative body of the county consents to the use of such general funds by resolution duly adopted by said local legislative body. (g) Any consent by a local board of education to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments and any authorization to use such funds for such purposes that was approved before January 1, 2009, is ratified and confirmed pursuant to the authority granted by Article IX, Section II, Paragraph VII of the Constitution, as amended by a resolution ratified at the November, 2008 general election, Ga. L. 2008, p. 777, to authorize the use of county, municipal, and school tax funds, or any combination thereof, for redevelopment purposes and programs notwithstanding Article VIII, Section VI or any other provision of the 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 or after January 1, 2009. 36-44-10. (a) No later than the effective date of the creation of the tax allocation district, the redevelopment agency shall apply, in writing, to the state revenue commissioner for a determination of the tax allocation increment base of the tax allocation district. Within a reasonable time, and not exceeding 60 days after the effective date of the creation of the tax allocation district, the state revenue commissioner shall certify such tax allocation increment base, as of the effective date of the creation of the tax allocation district, to the redevelopment agency, and such certification, unless amended pursuant to subsection (b) of this Code section, shall constitute the tax allocation increment base of the tax allocation district. (b) If the local legislative body of a political subdivision adopts an amendment to the resolution which created a tax allocation district and such amendment changes the boundaries of that tax allocation district so as to cause additional redevelopment costs for which tax allocation increments may be received by the political subdivision, the tax allocation increment base for the revised or amended district shall be redetermined pursuant to subsection (a) of this Code section as of the effective date of such amendment. The tax allocation increment base as redetermined under this subsection is effective for the purposes of this chapter only if it exceeds the original tax allocation increment base determined under subsection (a) of this Code section. (c) It is a rebuttable presumption that any property within a tax allocation district acquired or leased as lessee by the political subdivision, or any agency or instrumentality thereof, within one year immediately preceding the date of the creation of the district was so acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the political subdivision with proof that the property was so leased or acquired primarily for a purpose other than to reduce the tax allocation increment base. If the presumption is not rebutted, in determining the tax allocation increment base of the district, but for no other purpose, the taxable status of the property shall be determined as though such lease or acquisition had not occurred. WEDNESDAY, APRIL 1, 2009 3749 (d) For each political subdivision whose area of operation includes a tax allocation district, the county board of tax assessors, joint city-county board of tax assessors, or board of tax assessors for a consolidated government, as the case may be, shall identify upon the tax digests of the political subdivision those parcels of property which are within each existing tax allocation district, specifying the name of each district. A similar notation shall appear on tax digests submitted to the state revenue commissioner pursuant to Code Section 48-5-302, relative to the submission of tax digests to the state revenue commissioner. (e) The county board of tax assessors, joint city-county board of tax assessors, or consolidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property subject to ad valorem property taxes within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11. 36-44-11. (a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders. General funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall also be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds have been paid or provided for, subject to any agreement with bondholders. (b)(1) Each county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such political subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem property taxes in the computation of tax allocation increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision. (2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, 3750 JOURNAL OF THE SENATE of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9. (c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in proportion to the aggregate contribution of such taxes by such political subdivision less aggregate payments to such political subdivision pursuant to subparagraph (G) of paragraph (8) of Code Section 36-44-3 and in the same manner as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund. WEDNESDAY, APRIL 1, 2009 3751 36-44-12. The existence of a tax allocation district shall terminate when the local legislative body, by resolution, dissolves the district, but no such resolution may be adopted until all redevelopment costs have been paid. 36-44-13. Payment of redevelopment costs may be made by any of the following methods or any combination thereof: (1) Payment by the political subdivision from the special fund of the tax allocation district; (2) Payment from the general funds of a political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; (3) Payment out of the proceeds of the sale of revenue bonds issued by the political subdivision pursuant to Chapter 61 of this title, the 'Urban Redevelopment Law,' and revenue bonds may be issued under such law for redevelopment purposes within the meaning of this chapter; (4) Payment out of the proceeds of the sale of tax allocation bonds issued by the political subdivision under this chapter; (5) Payment from the proceeds from any loans made to a political subdivision pursuant to the authority of Code Section 36-44-16; and (6) Lease payments and other payments pursuant to contracts under a redevelopment plan. 36-44-14. (a) Only for the purpose of paying redevelopment costs for a tax allocation district created under this chapter, the local legislative body may issue tax allocation bonds. Tax allocation bonds are declared to be negotiable instruments. Tax allocation bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (b) All tax allocation bonds, notes, and other obligations shall be authorized by resolution of the local legislative body, adopted by a majority vote of the members thereof at a regular or special meeting and without the necessity of a referendum or any electoral approval. The resolution shall state the name of the tax allocation district and the aggregate principal amount of the tax allocation bonds authorized. (c) Tax allocation bonds, notes, or other obligations issued by a local legislative body under this chapter shall be payable solely from the property pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations, which property shall be limited to real or personal property acquired pursuant to this chapter and the proceeds from any source from which redevelopment costs may be paid under Code Section 36-44-13, but subject to the limitations of Code Sections 36-44-9 and 36-44-20. Each such bond, note, or other obligation shall contain recitals as are necessary to show that it is only so payable and 3752 JOURNAL OF THE SENATE that it does not otherwise constitute an indebtedness or a charge against the general taxing power of the political subdivision or county or independent board of education consenting to the use of property taxes as a basis for computing tax allocation increments or consenting to the use of general funds derived from the tax allocation district. (d) To increase the security and marketability of tax allocation bonds, notes, or other obligations, a local legislative body may: (1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed thereby or the revenues therefrom; and (2) Make covenants and do any and all acts not inconsistent with the Constitution or this chapter as may be necessary or convenient or desirable in order additionally to secure tax allocation bonds, notes, or other obligations or tend to make them more marketable according to the best judgment of the local legislative body. (e) Tax allocation bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 30 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the local legislative body authorizing the issuance of such tax allocation bonds, notes, or other obligations shall bind the members of the local legislative body then in office and their successors. (f) The local legislative body shall have power from time to time and whenever it deems it expedient to refund any tax allocation bonds by the issuance of new tax allocation bonds, whether or not the bonds to be refunded have matured, and may issue such bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold at such price as the local legislative body may determine and the proceeds applied to the purchase or redemption of the bonds to be refunded. (g) Tax allocation bonds may not be issued in an amount exceeding the estimated aggregated redevelopment costs for the tax allocation district. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state shall not apply to tax allocation bonds, notes, or other obligations of a local legislative body. (h) All tax allocation bonds issued by a local legislative body under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' except as provided in this chapter. (i) Tax allocation bonds issued by a local legislative body may be in such form and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement WEDNESDAY, APRIL 1, 2009 3753 may provide. (j) Tax allocation bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the county in which the issuing local legislative body is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (k) In lieu of specifying the rate or rates of interest which tax allocation bonds to be issued by a local legislative body are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate so specified, which rate may be fixed or may fluctuate or otherwise change from time to time; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of a local legislative body to sell such tax allocation bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (l) The term 'redevelopment costs' shall have the meaning prescribed in this chapter whenever that term is referred to in tax allocation bond resolutions of a local legislative body, in tax allocation bonds, notes, or other obligations of a local legislative body, or in notices or proceedings to validate such bonds, notes, or other obligations of a local legislative body. (m) Subject to the limitations and procedures provided by this chapter, the agreements or instruments executed by a local legislative body may contain such provisions not inconsistent with law as shall be determined by the local legislative body. (n) The proceeds derived from the sale of all tax allocation bonds, notes, and other obligations issued by a local legislative body shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, redevelopment costs or for the purpose of refunding any tax allocation bonds, notes, or other obligations issued in accordance with this chapter. (o) Issuance by a local legislative body of one or more series of tax allocation bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other tax allocation bonds, notes, or other obligations in connection with the same redevelopment plan or with any other redevelopment plan; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the local legislative body to issue subsequent bonds, notes, or other 3754 JOURNAL OF THE SENATE obligations on a parity with such prior issue. Once the political subdivision certifies by resolution that all tax allocation bonds contemplated by the redevelopment plan and all amendments thereto have been issued and all other redevelopment costs within a tax allocation district have been paid, all positive tax allocation increments collected within a tax allocation district shall be used to retire outstanding tax allocation bonds prior to their stated maturities, subject to any agreements made by the political subdivision with bondholders. (p) A local legislative body shall have the power and is authorized, whenever tax allocation bonds of the local legislative body shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The local legislative body may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the local legislative body may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing such notes of the local legislative body or any issue thereof may contain any provisions which the local legislative body is authorized to include in any resolution or resolutions authorizing bonds of the local legislative body to any issue thereof; and the local legislative body may include in any such notes any terms, covenants, or conditions which the local legislative body is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. 36-44-15. For the purpose of fixing the tax millage rate to fund the annual budget of each political subdivision or county or independent board of education having the power to levy taxes or set ad valorem tax millage rates on property located within a tax allocation district, which has consented to the inclusion of its ad valorem property taxes for the computation of tax allocation increments as provided in Code Section 36-44-9, the taxable value of property subject to ad valorem property taxes within a tax allocation district shall not exceed the tax allocation increment base of the district until the district is terminated. Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education consenting to the inclusion of its ad valorem property taxes as a basis for computing tax allocation increments, and any such rate may be increased or decreased at any time after the creation of a tax allocation district in the same manner and under the same authority that such rate has been previously fixed by such political subdivision or county or independent board of education. WEDNESDAY, APRIL 1, 2009 3755 36-44-16. As an additional source for financing redevelopment costs, a political subdivision or its redevelopment agency may borrow funds from financial institutions and, in connection therewith, may pledge or assign lease contracts or revenue received from lease contracts on property owned by the political subdivision or its redevelopment agency within a redevelopment area. A political subdivision or its redevelopment agency is authorized to enter into contracts with financial institutions for the purpose of exercising the authority provided by this Code section, and such contracts may obligate the political subdivision or its redevelopment agency for any number of years not exceeding 25. Contractual obligations incurred by a political subdivision pursuant to this Code section shall not constitute debt within the meaning of Article IX, Section V of the Constitution. 36-44-17. No political subdivision may create a tax allocation district when the total current taxable value of property subject to ad valorem property taxes within the proposed district plus the total current taxable value of property subject to ad valorem property taxes within all its existing tax allocation districts exceeds 10 percent of the total current taxable value of all taxable property located within the area of operation of the political subdivision. 36-44-18. It is specifically provided that Code Section 36-61-16 of the 'Urban Redevelopment Law,' which Code section provides for cooperation among public bodies for redevelopment purposes under said law, shall be applicable to the exercise of redevelopment powers provided by this chapter. 36-44-19. A political subdivision may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such contracts may include, without being limited to, contracts to convey or otherwise obligate real property for redevelopment under this chapter although that property has not yet been acquired at the time of contracting by the county or municipality. 36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that district's special fund are insufficient at any 3756 JOURNAL OF THE SENATE time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the district's special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan. 36-44-21. (a) No elected or appointed official or employee of a political subdivision or a board, commission, or redevelopment agency thereof shall voluntarily acquire any interest, direct or indirect, in any property included or planned to be included in a redevelopment area, or in any contract or transaction or proposed contract or transaction in connection with the redevelopment of that redevelopment area. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body. Any such elected or appointed official or employee who, within two years immediately prior to the date the plan is submitted to a local legislative body under subsection (b) of Code Section 36-44-7, acquires ownership or control of any interest, direct or indirect, in any property which is included in the redevelopment area designated in that plan and who retains that ownership or control at the time that such plan is so submitted shall, at least 30 days prior to the date scheduled for the local legislative body to adopt the plan, disclose the interest in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body, and that person shall not participate in any action by the political subdivision, board, commission, or redevelopment agency thereof which affects that property. Any disclosure required to be made by this subsection shall concurrently be made to the redevelopment agency. (b) Any contract or transaction in violation of subsection (a) of this Code section or disclosure of which is not made as provided in that subsection (a) shall be voidable by the local legislative body. This subsection shall not apply to any indenture, agreement, contract, or transaction which constitutes security, direct or indirect, for payment of bonds or other obligations incurred pursuant to a redevelopment plan, and the judgment and order confirming and validating any such bonds or other obligations shall constitute a final and conclusive adjudication as to any such security. (c) Failure by an official or employee to comply with subsection (a) of this Code section shall constitute misconduct in office. 36-44-22. Redevelopment powers under this chapter may not be exercised by any political subdivision unless so authorized by a local law relating thereto, which local law may limit but may not expand those redevelopment powers established by this chapter as to the local political subdivision to which the local law is applicable. Such local law, and all amendments thereto, shall become effective only if approved in a special election by WEDNESDAY, APRIL 1, 2009 3757 a majority of the qualified voters voting of each political subdivision directly affected, which special election shall be held as provided in that local law, but in conformity with the requirements for special elections pursuant to Title 21. 36-44-23. The powers provided by this chapter are intended by the General Assembly to be cumulative and supplemental to any powers heretofore provided by law for counties, municipalities, and consolidated governments of this state and not in lieu of any such heretofore existing powers." SECTION 3. Said title is further amended in Chapter 80, relating to general provisions regarding counties, municipalities, and other governmental entities, by adding a new Code section to read as follows: "36-80-16.1. (a) This Code section shall be known and may be cited as the 'PILOT Restriction Act.' (b) As used in this Code section, 'payments in lieu of taxes' means payments made directly or indirectly: (1) Primarily in consideration of the issuance of revenue bonds or other revenue obligations and the application by the issuer of such bonds or other obligations of the proceeds of such bonds or other obligations to finance all or a portion of the costs of acquiring, constructing, equipping, or installing a capital project; and (2) In further consideration of the laws of the State of Georgia granting an exemption from ad valorem taxation for such capital project, to or for the account of the issuer of revenue bonds or other revenue obligations or the public bodies whose consent would otherwise be required, in the case of the separate payments provided for under subsection (d) of this Code section. Payments in lieu of taxes shall be deemed to be payments in lieu of taxes for educational purposes in the same proportion that property taxes for educational purposes would bear to total property taxes on such capital project if the project were subject to ad valorem property taxation. The term 'payments in lieu of taxes' shall not include payments made primarily in consideration for the use or occupancy of property, including but not limited to lease payments or rent paid under a lease, regardless of whether or not the lessee or tenant holds an interest that is taxable for property tax purposes. (c)(1) No local government authority, as defined in Code Section 36-80-16, shall be authorized to issue revenue bonds or other revenue obligations to finance, in whole or in part, any capital project if the terms governing such revenue bonds or other revenue obligations provide for such capital project to be used primarily by a nongovernmental user or users that have no taxable property interest in any portion of such capital project and provide for such revenue bonds or other revenue obligations to be repaid, in whole or in part, through payments in lieu of taxes made by a nongovernmental user or users, unless: (A) Each of the local governments that have property tax levying authority in the area in which such capital project is located consents by ordinance or resolution to 3758 JOURNAL OF THE SENATE the use of payments in lieu of taxes for such purposes; and (B) In the case of payments in lieu of taxes for educational purposes, a consent is obtained that covers the use for such purposes of such payments in accordance with subsection (d) of this Code section, except that the terms governing such revenue bonds or other revenue obligations may provide for one or more of the public bodies, whose consent would otherwise be required, instead to receive, in such capacity, separate payments in lieu of taxes at least equal to the property taxes that such public body or bodies would have received if the capital project were subject to ad valorem taxation or in such other amount or amounts as may be agreed to by such public body or bodies. (2) No such revenue bonds or other revenue obligations may be so issued without compliance with the requirements of paragraph (1) of this subsection. (d)(1) When a capital project is located within the boundaries of a municipality with an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall cover the use of payments in lieu of taxes for educational purposes, provided that, if the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the legislative body of the municipality does not have the authority to modify such rate set by the board of education, the requisite consent shall be that of the board of education of the independent school system rather than that of the legislative body of the municipality. (2) For those municipalities which do not have an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall cover the use of payments in lieu of taxes for educational purposes if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (3) The use of payments in lieu of taxes levied for county school district purposes shall be covered by a consent under subparagraph (c)(1)(B) of this Code section if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (4) The use of payments in lieu of taxes levied for school district purposes within the boundaries of a consolidated government shall be covered by a consent under subparagraph (c)(1)(B) of this Code section if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (e) This Code section shall not affect revenue bonds or other revenue obligations which any local government authority has issued or which have been judicially validated on or WEDNESDAY, APRIL 1, 2009 3759 before the effective date of this Code section. Each county board of tax assessors shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties and is specifically authorized, without limitation, to use a method or methods of valuation for leases related to revenue bonds or other revenue obligations issued by a local government authority for a capital project or projects to be leased primarily to a nongovernmental user or users, based on assessments of the increasing interest of the nongovernmental user or users in the real or personal property, or both, over the term of the lease, or to use a simplified method or methods employing a specified percentage or specified percentages of such leasehold interests. Each local government authority that is authorized to issue revenue bonds or other revenue obligations secured by a taxable property interest, such as a taxable lease of a capital project, shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties, including, in the case of development authorities, the development of trade, commerce, industry, and employment opportunities. Any local government or local government authority which directly or indirectly receives payments in lieu of taxes shall be authorized to use the same for any governmental or public purpose of such local government or local government authority." 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 Johnson of the 1st, Chance of the 16th and Douglas of the 17th offered the following amendment #1 to the committee substitute: Amend the Senate Finance Committee substitute to HB 63 (LC 18 8377S) by striking lines 554 through 563. Senator Johnson of the 1st asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Johnson et al. amendment #1 to the committee substitute was withdrawn. Senator Balfour of the 9th offered the following amendment #2 to the committee substitute: Amend the Senate Finance Committee substitute to HB 63 (LC 18 8377S) by inserting "and not rescinded or repealed prior to the effective date of this Code section" between "2009," and "is" on line 556. By inserting ", has conditionally or unconditionally agreed to issue," between "issued" and "or" on line 995. 3760 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Balfour amendment #2 to the committee substitute was adopted. Senator Fort of the 39th offered the following amendment #3 to the committee substitute: Amend HB 63 by adding on line 206, a sentence: And that the proposed project would not be feasible without the creation of a tax allocation district. Senator Fort of the 39th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Fort amendment #3 to the committee substitute was withdrawn. Senator Reed of the 35th was excused for business outside the Senate Chamber. Senators Fort of the 39th and Tate of the 38th offered the following amendment #4 to the committee substitute: Amend the Senate Finance Committee substitute to HB 63 (LC 18 8377S) by striking lines 554 through 563. On the adoption of the amendment, the President asked for unanimous consent. Senator Smith of the 52nd 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: N Adelman N Balfour N Brown N Buckner N Bulloch Y Butler N Butterworth Chance N Chapman Y Cowsert N Crosby N Douglas Y Fort Y Goggans N Hawkins N Heath N Henson N Hill,Jack N Hill,Judson N Hooks N Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones N Moody N Mullis N Murphy Rogers N Seabaugh Y Seay Y Shafer Y Sims N Smith N Staton N Stoner Y Tarver Y Tate N Thomas N Thompson,C N Thompson,S N Tolleson WEDNESDAY, APRIL 1, 2009 3761 N Golden N Grant N Hamrick Y Harbison N Harp N Orrock N Pearson Y Powell Y Ramsey E Reed Unterman N Weber N Wiles N Williams On the adoption of the amendment, the yeas were 14, nays 38, and the Fort, Tate amendment #4 to the committee substitute was lost. Senators Chapman of the 3rd and Smith of the 52nd offered the following amendment #5 to the committee substitute: Amend the Senate Finance Committee substitute to HB 63 (LC 18 8377S) by striking lines 106 through 154 and inserting in lieu thereof the following: (7) 'Redevelopment area' means an urbanized area as determined by current data from the U. S. Bureau of the Census or an area presently served by sewer that contains property characterized as 'blighted property,' as defined in paragraph (1) of Code Section 22-1-1, when compared to the political subdivision as a whole. By striking line 410 and inserting in lieu thereof the following: (5) The power of eminent On the adoption of the amendment, the President asked for unanimous consent. Senator Wiles of the 37th objected. On the adoption of the amendment, Senator Chapman of the 3rd called for the yeas and nays; the call was sustained, and the vote was as follows: N Adelman N Balfour Y Brown N Buckner N Bulloch Y Butler N Butterworth N Chance Y Chapman Y Cowsert N Crosby N Douglas Y Fort Y Goggans N Hawkins N Heath N Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson,L Y Jackson,W N Johnson N Jones N Moody N Mullis N Murphy Y Rogers N Seabaugh Y Seay Y Shafer Y Sims Y Smith N Staton N Stoner N Tarver Y Tate N Thomas N Thompson,C N Thompson,S N Tolleson 3762 JOURNAL OF THE SENATE N Golden N Grant N Hamrick Y Harbison N Harp N Orrock N Pearson N Powell N Ramsey E Reed Y Unterman N Weber N Wiles Y Williams On the adoption of the amendment, the yeas were 18, nays 37, and the Chapman, Smith amendment #5 to the committee substitute was lost. Senator Chapman of the 3rd offered the following amendment #6 to the committee substitute: Amend the committee substitute to HB 63 by on page 4, striking line 98 in its entirety and renumbering on line 99, (L) to (K). On the adoption of the amendment, the President asked for unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, Senator Chapman of the 3rd called for the yeas and nays; the call was sustained, and the vote was as follows: N Adelman N Balfour Y Brown Buckner N Bulloch Y Butler N Butterworth N Chance Y Chapman Y Cowsert N Crosby N Douglas Y Fort Y Goggans N Golden N Grant N Hamrick Y Harbison N Harp N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson,L N Jackson,W N Johnson N Jones N Moody N Mullis N Murphy N Orrock N Pearson N Powell Y Ramsey E Reed Y Rogers N Seabaugh Y Seay Y Shafer Y Sims Y Smith N Staton N Stoner N Tarver Y Tate N Thomas N Thompson,C N Thompson,S N Tolleson N Unterman N Weber N Wiles Y Williams On the adoption of the amendment, the yeas were 18, nays 36, and the Chapman amendment #6 to the committee substitute was lost. WEDNESDAY, APRIL 1, 2009 3763 Senator Shafer of the 48th offered the following amendment #7 to the committee substitute: Amend the committee substitute to HB 63 by striking on line 410 the following words: "Except as provided in subsection (c) of this Code section," and capitalizing the word "the" that follows. On the adoption of the amendment, there were no objections, and the Shafer amendment #7 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton E Stoner Y Tarver N Tate Y Thomas 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 6. HB 63, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 3764 JOURNAL OF THE SENATE 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 Mr. Robert Ewing Secretary of the Senate April 1, 2009 Dear Mr. Ewing: Please note that on this date, I was engaged in a conversation with a visitor to the Chamber immediately before the question was called on HB 63. Therefore, I was unable to timely request to be excused pursuant to Senate Rule 5-1.8(d). Please be so kind to cause the Journal to reflect the foregoing. Sincerely, /s/ Ronald B. Ramsey, Sr. Senator, District 43 The following bill was taken up to consider House action thereto: HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 119. The consent was granted, and the Senate insisted on its substitute to HB 119. At 12:44 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. WEDNESDAY, APRIL 1, 2009 3765 At 1:30 p.m. Senator Tommie Williams, President Pro Tempore, called the Senate to order. The Calendar was resumed. Senator Weber of the 40th was excused for business outside the Senate Chamber. HB 64. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. The Senate Health and Human Services Committee offered the following substitute to HB 64: A BILL TO BE ENTITLED AN ACT To amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion and filing of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, is amended by revising subsections (b) and (c) as follows: "(b) The funeral director or person acting as such who first assumes custody of the dead body shall file the certificate of death within 72 hours. Such director or person shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible therefor. 3766 JOURNAL OF THE SENATE (c)(1) The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director or person acting as such within 72 hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In the absence of said physician or with that physician's approval the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided that such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. If, 30 days after a death, the physician in charge of the patient's care for the illness or condition which resulted in death has failed to complete, sign, and return the medical certification as to the cause and circumstances of death to the funeral director or person acting as such, the funeral director or person acting as such shall be authorized to report such physician to the Composite State Board of Medical Examiners for discipline pursuant to Code Section 43-34-37. (2) In the event that a physician authorized pursuant to paragraph (1) of this subsection to complete a medical certification as to the cause and circumstances of death has not completed such certification 30 days after the death, a coroner shall be authorized to complete and sign the certification; provided, however, that he or she has reviewed the medical history of the case and determines that the death is due to natural causes. A coroner signing a certification pursuant to this paragraph shall retain the authority granted pursuant to Code Section 45-16-27 to issue subpoenas to compel the production of medical records, provided that such records are related to the death in question. (2) In any area in this state which is in a state of emergency as declared by the Governor due to an influenza pandemic, in addition to any other person authorized by law to complete and sign a death certificate, any registered professional nurse employed by a long-term care facility, advanced practice nurse, physician's assistant, registered nurse employed by a home health agency, or nursing supervisor employed by a hospital shall be authorized to complete and sign the death certificate, provided that such person has access to the medical history of the case, such person views the deceased at or after death, the death is due to natural causes, and an inquiry is not required under Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In such a state of emergency, the death certificate shall be filed by the funeral director in accordance with subsection (b) of this Code section; or, if the certificate is not completed and signed by an appropriate physician or coroner, the public health director of preparedness shall cause the death certificate to be completed, signed, and filed by some other authorized person within ten days after death." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, APRIL 1, 2009 3767 Senators Heath of the 31st and Harbison of the 15th offered the following amendment #1 to the committee substitute: Amend the Senate Health and Human Services Committee substitute to HB 64 (LC 35 1511S) by inserting after the semicolon at the end of line 5 the following: to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to provide for certain notification requirements when a death occurs in a different county than where the acts or events resulting in the death occurred; By inserting between lines 51 and 52 the following: SECTION 1A. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by adding a new subsection to Code Section 45-16-22, relating to medical examiners' inquiries, as follows: "(f.1) When death occurs in a hospital as a direct result and consequence of acts or events taking place in a county other than the one in which such death occurs, the hospital shall immediately notify the coroner or the county medical examiner of the county in which the acts or events resulting in the death occurred." SECTION 1B. Said chapter is further amended in subsection (a) of Code Section 45-16-24, relating to notification of suspicious or unusual deaths, by revising paragraph (9) and the undesignated text at the end of subsection (a) as follows: "(9) After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission, it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner or county medical examiner of the county wherein in which the acts or events resulting in the death occurred or the body is found or death occurs. For the purposes of this Code section, no person shall be deemed to have died unattended when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31." On the adoption of the amendment, there were no objections, and the Heath, Harbison 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: 3768 JOURNAL OF THE SENATE Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 51, nays 0. HB 64, having received the requisite constitutional majority, was passed by substitute. Senator Grant of the 25th was excused for business outside the Senate Chamber. Senator Hill of the 4th was excused as a conferee. HB 69. By Representatives Jerguson of the 22nd, Cooper of the 41st, Channell of the 116th, Mitchell of the 88th and Kaiser of the 59th: A BILL to be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory ambiguity; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. The Senate Health and Human Services Committee offered the following substitute to HB 69: A BILL TO BE ENTITLED AN ACT WEDNESDAY, APRIL 1, 2009 3769 To amend Code Section 31-39-4 of the Official Code of Georgia Annotated, relating to persons authorized to issue an order not to resuscitate, so as to provide for an attending physician to issue an order not to resuscitate a candidate for nonresuscitation without concurrence by another physician 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 31-39-4 of the Official Code of Georgia Annotated, relating to persons authorized to issue an order not to resuscitate, is amended by revising subsection (c) as follows: "(c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. Where such authorized person is an agent under a durable power of attorney for health care or health care agent under an advance directive for health care appointed pursuant to Chapter 32 of this title, the attending physician may issue an order not to resuscitate a candidate for nonresuscitation pursuant to the requirements of this chapter without the concurrence of another physician, notwithstanding the provisions of paragraph (4) of Code Section 3139-2." 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. Senators Unterman of the 45th and Williams of the 19th offered the following amendment #1 to the committee substitute: Amend the Senate Health and Human Services Committee substitute to HB 69 (LC 33 3237) by inserting after "conditions;" on line 4 the following: to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general health provisions, so as to create the Women's Reproductive Health Legislative Oversight Committee; to provide for its membership, terms, and meetings; to provide for its duties; to provide for cooperation with other agencies; to provide for an annual report; to provide for an audit; By inserting between lines 21 and 22 the following: 3770 JOURNAL OF THE SENATE SECTION 1A. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general health provisions, is amended by adding a new Code section to read as follows: "31-1-10. (a) There is created the Women's Reproductive Health Legislative Oversight Committee which shall be composed of ten persons: four members of the House of Representatives appointed by the Speaker of the House of Representatives, four members of the Senate appointed by the Lieutenant Governor, one member of the House of Representatives appointed by the Governor, and one member of the Senate appointed by the Governor. The initial members of such committee shall be appointed for terms beginning on July 1, 2009, and shall serve until their successors are appointed. Thereafter, the members of such committee shall be appointed 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 such committee to serve as chairperson, and the Lieutenant Governor shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Lieutenant Governor shall appoint a member of 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 three times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson; provided, however, that in 2009, such committee shall only be required to meet one time. (c) The committee shall be authorized to: (1) Review the funding for and evaluate the effectiveness of all state and federally funded programs and health care providers and facilities licensed by the state that provide services related to women's reproductive health. Such services include family planning programs and teen clinics that promote abstinence skills education and counseling, sex education, contraception, access to health care, testing and treatment of sexually transmitted disease, HIV counseling and testing, pregnancy education and counseling, and any other reproductive heath education. This review and evaluation shall also include accountability measures for the effectiveness of the programs as they relate to the appropriate prevention of pregnancy and to family planning; and (2) Review the services provided by and programs conducted by the Office of Regulatory Services of the department and the Department of Community Health relating to licensed health care providers or facilities that provide treatments for: (A) Sexually transmitted diseases; (B) Abortions; and (C) Follow-up health care after abortion. (d) The department, Department of Community Health, and any other state agency or entity which receives state or federal funds for programs related to women's reproductive health or regulates health care providers or facilities licensed by the state shall cooperate with such committee and provide such information or reports as WEDNESDAY, APRIL 1, 2009 3771 requested by the committee for the performance of its functions. (e) 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 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. (f) The members of 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. (g) The committee shall be authorized to request that a performance audit of the department be conducted with respect to the activities included in subsection (c) of this Code section." Senator Unterman of the 45th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the amendment was withdrawn. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) 3772 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 0. HB 69, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate 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 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. The Speaker has appointed on the part of the House, Representatives Harbin of the 118th, Burkhalter of the 50th, and Keen of the 179th. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 207. By Senator Wiles of the 37th: 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 admit the general public to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Calendar was resumed. WEDNESDAY, APRIL 1, 2009 3773 HB 86. By Representatives Millar of the 79th, Smith of the 70th, Lindsey of the 54th, Teilhet of the 40th and Buckner of the 130th: 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 provide that returns of absentee ballots shall be made by precinct; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden E 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Tarver Y Tate Y Thomas 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 50, nays 0. HB 86, having received the requisite constitutional majority, was passed. HB 101. By Representatives Hamilton of the 23rd, Smith of the 129th, Everson of the 106th, Graves of the 12th, Glanton of the 76th and others: A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official 3774 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to the erection, placement, or maintenance of unlawful or unauthorized structures, so as to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; 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 101: A BILL TO BE ENTITLED AN ACT To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for regulation of certain facilities above and below the roadways; to authorize procedures relative to asbestos pipe; to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; 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 Code section to read as follows: "32-4-4. (a) As used in this Code section, the term 'entity' means a county, a municipality, a consolidated government, or a local authority. (b) Whenever existing utility facilities owned and operated by an entity contain asbestos pipe and such pipe exists in the rights of way of any road, bridge, or other transportation project authorized pursuant to this title, and the entity determines that such pipe should no longer be utilized, the entity that owns and operates the utility facility shall have the discretion to: (1) Remove and dispose of the asbestos pipe in accordance with federal laws and regulations; (2) Leave the asbestos pipe in place and fill it with grout or other similar substance designed to harden within the pipe; or (3) Allow the pipe to remain undisturbed in the ground and take no further action. (c) At the request of the department or any local government or authority, any asbestos pipe left in the right of way as authorized by subsection (b) of this Code section shall be marked so as to be locatable." SECTION 2. Said title is further amended by revising Code Section 32-6-51, relating to the erection, WEDNESDAY, APRIL 1, 2009 3775 placement, or maintenance of unlawful or unauthorized structures, by adding a new subsection to read as follows: "(g)(1) As used in this subsection, the term: (A) 'Commercial advertisements' means any printed or painted signs or multiple message signs on or in transit vehicles or facilities for which space has been rented or leased from the owner of such transit vehicles or facilities. (B) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state including, but not limited to, the Department of Transportation, the Georgia Regional Transportation Authority, and the Georgia Rail Passenger Authority. (C) 'Transit vehicles or facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services. (2) A transit agency may authorize the placement, erection, and maintenance of commercial advertisements on or in transit vehicles or facilities owned or operated by that transit agency and said placement of commercial advertisements shall not be considered conducting commercial enterprises or activities in violation of Code Section 32-6-115." SECTION 3. This Act shall become effective on July 1, 2009. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd offered the following amendment #1 to the committee substitute: Amend the Senate Transportation Committee substitute to HB 101 (LC 36 1406S) by striking on line 23 "any local government or authority" and inserting in lieu thereof "entity". By striking the quotation mark at the end of line 25 and inserting between lines 25 and 26 the following: (d) Any costs, claims, or other liability associated with the entity's decision pursuant to subsection (b) of this Code section shall be borne by the entity and may be subject to offset by the department." 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. 3776 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden E 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 50, nays 1. HB 101, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. Senator Hill of the 4th asked unanimous consent that the Senate adhere to its substitute to HB 119 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Hill of the 4th, Williams of the 19th and Rogers of the 21st. WEDNESDAY, APRIL 1, 2009 3777 Senator Hamrick of the 30th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 120. By Representatives Smith of the 70th, Dempsey of the 13th, Talton of the 145th, Harden of the 147th, Powell 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 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 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 27, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 120 (LC 18 7857) Dear Chairman O'Neal: This bill would continue Georgia's sales tax holidays for back to school goods and 3778 JOURNAL OF THE SENATE certain computer related goods by making the period of exemption go from 12:01 A.M. on July 30, 2009, to 12:00 Midnight on August 2, 2009. 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 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 and water efficient products 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 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 1, 2009, until 12:00 Midnight on October 4, 2009. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: The estimated total revenue impact for the state from the proposed 2009 sales tax holidays would be $13.21 million. For local jurisdictions, the revenue impact is estimated to be $9.91 million assuming a 3.0% average local sales tax rate. The revenue impacts of the 2009 exemptions were estimated by adjusting the estimated revenue impacts of the 2008 exemptions. For 2008, the revenue impact for the state was estimated to be $8.67 million from the clothing exemption, $1.97 million from the computer exemption, $1.48 million for the school supply exclusion, and $0.46 million for energy/water efficient products for a total of $12.58 million. To estimate the revenue impact for 2009 of the clothing, computer and energy/water 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 Georgia's per capita income and population, the revenue loss due to the exemption for clothing will increase to $9.08 WEDNESDAY, APRIL 1, 2009 3779 million. The revenue loss due to the exemption for computer products will increase to $2.09 million and the revenue loss for the exemption for energy/water efficient products will increase to $0.50 million. To estimate the revenue impact for 2009 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 2007 and fall 2008, the number of public school children in K-12 increased by 0.4 percent. CPI inflation for 2007 equaled 3.8%. The revenue loss due to the school supply exemption is estimated to equal $1.54 million. This yields a total revenue impact to the state from all these sales tax exemptions of $13.21 million. The impact on local governments would be $9.91 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 N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Goggans Y Golden Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman 3780 JOURNAL OF THE SENATE E Grant Y Pearson E Hamrick Y Powell Y Harbison Y Ramsey Y Harp Y Reed On the passage of the bill, the yeas were 47, nays 3. Y Weber Y Wiles Williams (PRS) HB 120, having received the requisite constitutional majority, was passed. Senator Unterman of the 45th was excused as a conferee. HB 141. By Representatives Mills of the 25th and Hill of the 21st: 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 update definitions; to provide for penalties for failure to provide requested information by financial institutions; to include bank holding companies in the definition of financial institutions; to include credit unions in restricted nomenclature; to broaden the definition of legal lending limit; to provide for payment of dividends by Subchapter S banks; to change the amount of par value; to provide for the investigative powers of the Department of Banking and Finance; to provide for immunity from civil liability for proper disclosure of information; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harbison of the 15th. Senators Rogers of the 21st and Chance of the 16th offered the following amendment #1: Amend HB 141 (LC 34 2046S) by inserting after "regulation;" on line 12 the following: to amend Code Section 10-1-393, relating to unlawful unfair or deceptive practices in consumer transactions an in trade and commerce, so as to provide further illustration of an unfair or deceptive trade practices applying to financial and other business institutions; By redesignating Sections 18 and 19 as Sections 19 and 20, respectively. By inserting between lines 359 and 360 the following: SECTION 18. Code Section 10-1-393, relating to unlawful unfair or deceptive practices in consumer transactions, is amended in subsection (b) by adding a new paragraph to read as follows: "(34) For any person, firm, partnership, business, association, or corporation to willfully and knowingly accept or use an individual taxpayer identification number issued by the Internal Revenue Service for fraudulent purposes and in violation of federal law." WEDNESDAY, APRIL 1, 2009 3781 On the adoption of the amendment, there were no objections, and the Rogers, Chance 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 Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 1. HB 141, having received the requisite constitutional majority, was passed as amended. Senator Adelman of the 42nd was excused for business outside the Senate Chamber. Senators Goggans of the 7th and Grant of the 25th were excused as conferees. HB 2. By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal 3782 JOURNAL OF THE SENATE conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Public Safety Committee offered the following substitute to HB 2: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to clarify compliance requirements of public employers; to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, so as to provide that the department shall not fund Local Assistance Road Program projects submitted by counties and municipalities not in compliance with employee and public benefit requirements; to provide for certification and verification of compliance; to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, so as to change certain provisions relating to keepers of jails and queries made to the United States Department of Homeland Security; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to change certain provisions relating to verification requirements, procedures, and conditions; to provide for definitions; to provide for reports and duties of the Attorney General; 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 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-91, relating to verification of new employee information and applicability and rules and regulations, as follows: "13-10-91. (a) On or after July 1, 2007, every Every public employer, including, but not limited to, every municipality and county, shall register and participate in the federal work authorization program to verify information employment eligibility of all new newly hired employees. Upon federal authorization, a public employer shall permanently post the employer's federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer's website; provided, however, that if a local public employer does not maintain a website, then the identification number and date of authorization shall be published annually in the official legal organ for the county. WEDNESDAY, APRIL 1, 2009 3783 (b)(1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new newly hired employees or subcontractors. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor, and, where applicable, each subcontractor, attesting to the following: (A) The affiant has registered with and is authorized to use the federal work authorization program; (B) The user identification number and date of authorization for the affiant; and (C) The affiant is using and will continue to use the federal work authorization program throughout the contract period. An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for services; provided, however, that any information protected from public disclosure by federal law shall be redacted. (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new newly hired employees. (3) Paragraphs (1) and (2) of this subsection shall apply as follows: (A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Except as provided in subsection (e) of this Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor's website. (e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportation's website." SECTION 2. Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, is amended by adding a new Code section to read as follows: "32-2-9. 3784 JOURNAL OF THE SENATE (a) On and after January 1, 2010, the department shall not fund any Local Assistance Road Program project submitted by a county or municipality unless the county or municipality is in compliance with Code Sections 13-10-91 and 50-36-1 as determined by the department. (b) In the event that funding is withheld because a local government fails to meet the terms of subsection (a) of this Code section, the local government shall become eligible for the project funding once compliance is established. (c) In applying this Code section to counties, withholding of grants shall apply only with respect to failure to comply by the county governing authority or agents or employees over whom the county governing authority has management control. (d) No grant shall be denied to a local government due to the failure of the United States Department of Homeland Security or any successor agency to process, register, or respond to a local government request. (e) Each county and municipality in the state shall annually certify and demonstrate to the department its compliance with Code Sections 13-10-91 and 50-36-1 in such manner as specified by rules and regulations adopted by the department. Compliance shall consist of taking all reasonably necessary steps to participate in the federal work authorization program and the Systematic Alien Verification of Entitlement (SAVE) program or any successor federal programs, including conformity with any federal agency requirements such as providing any required copies of statutory authorization and any required affidavits, letters, memorandums of understanding, or other documentation. Verification of the work authorization status of prison labor shall not be required for compliance. The department shall evaluate the certifications so made and may: (1) Disapprove a certification so made if the department finds that the county or municipality is not in compliance after giving the county or municipality notice of its preliminary finding and an opportunity to submit further evidence of compliance; or (2) Require any county or municipality to provide further information as needed by the department to make its determination on compliance. A disapproval of certification or a failure to seek certification shall result in ineligibility under subsection (a) of this Code section. The department shall make an annual report of the counties and municipalities determined to be in compliance and shall transmit copies of the annual report to the appropriations committees of the Senate and House of Representatives. (f) This Code section shall not affect the funding of any project approved by the department prior to January 1, 2010." SECTION 3. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, is amended by revising Code Section 42-4-14, relating to the determination of nationality of persons charged with a felony and confined in a jail facility, as follows: "42-4-14. WEDNESDAY, APRIL 1, 2009 3785 (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 a county, or any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the nationality of the person so confined. (b) If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. (c) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. (d) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section. (e) Where a keeper of a jail has verified unlawful immigration status through LESC pursuant to this Code section, a report of unlawful immigration status shall be made by the jailer to the Georgia Crime Information Center in a manner prescribed by the center. The Georgia Crime Information Center shall maintain and disclose a report of unlawful immigration status information in the same manner as information pertaining to wanted persons. A record of unlawful immigration status shall be updated by the center to reflect lawful immigration status where the center receives a valid federal record or report verifying current lawful status." SECTION 4. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising Code Section 50-361, relating to the verification requirements, procedures, and conditions and exceptions, regulations, and criminal and other penalties for violations, as follows: "50-36-1. (a) As used in this Code section, the term: (1) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (2) 'Applicant' means any natural person, 18 years of age or older, who has made any application or request for, or access to, public benefits whether made on his or her own behalf or on behalf of an individual, business, corporation, partnership, or other private entity. (3)(A) 'Public benefit' means a state or local public benefit or state administered federal public benefit as defined in 8 U.S.C. Sections 1611 and 1621; a benefit 3786 JOURNAL OF THE SENATE identified by the federal government under the federal Systematic Alien Verification for Entitlements (SAVE) program; and any authorization, renewal, recognition, or registration of such benefit. The benefits listed on the Attorney General's report required by subparagraph (B) of this paragraph shall also be considered public benefits for purposes of this Code Section. (B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any 'state public benefit' and 'local public benefit' that may be offered in this state that is covered by the definitions in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification pursuant to this Code section. Such report shall provide the name of the benefit and name the agency or political subdivision providing the benefit. Such report shall be updated annually and distributed annually to the General Assembly and posted to the Attorney General's website. (b) Except as provided in subsection (c) (d) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local applicant for public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (b)(c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c)(d) Verification of lawful presence under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which: (A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; (6) For prenatal care; or WEDNESDAY, APRIL 1, 2009 3787 (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d)(e) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States, which affidavit shall state Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows: (1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act 18 years of age or older lawfully present in the United States and provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency. (e)(f) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for public benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Code section. (f)(g) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20. (g) Agencies or political subdivisions of this state may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) It shall be unlawful for any agency or a political subdivision of this state to provide or administer any state, local, or federal public benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state agency or department which administers any program of state or local public benefits shall provide an annual report to the inspector general with respect to its compliance with this Code section. (i) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia eligible applicants. (j) Notwithstanding subsection (f)(g) of this Code section any applicant for public 3788 JOURNAL OF THE SENATE benefits federal benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section. (k) In the event a legal action is filed against any agency or political subdivision alleging any improper denial of a public benefit arising out of an effort to comply with this Code section, the Attorney General shall be served with a copy of the proceeding and shall be entitled to be heard." 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: E Adelman Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert N Crosby Y Douglas N Fort C Goggans Golden C Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams (PRS) WEDNESDAY, APRIL 1, 2009 3789 On the passage of the bill, the yeas were 30, nays 17. HB 2, having received the requisite constitutional majority, was passed by substitute. HB 147. By Representatives Talton of the 145th, O`Neal of the 146th, Randall of the 138th, Lucas of the 139th and Everson of the 106th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. Senator Wiles of the 37th offered the following amendment #1: Amend HB 147 by inserting "to add a provision relating to conditions not warranting forfeiture of bond for failure to appear;" on line 5 after "circumstances;" By inserting between lines 35 and 36 the following: SECTION 2A. Said chapter is further amended by revising Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear, by adding a new subsection to read as follows: "(c.1) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was deported by federal authorities. An official written notice of such deportation from a federal official shall be considered proof of the principal's deportation." On the adoption of the amendment, there were no objections, and the Wiles 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 Buckner Y Hawkins Y Heath Y Henson Y Hill,Jack Y Rogers Y Seabaugh Y Seay Y Shafer 3790 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort C Goggans Golden C Grant E Hamrick Y Harbison Y Harp Y Hill,Judson Y Hooks Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 0. HB 147, having received the requisite constitutional majority, was passed as amended. HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 169: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to provide for notices to WEDNESDAY, APRIL 1, 2009 3791 affected property owners and local governments whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations that are proposed for any property located in the regulatory floodway in this state; to provide for the manner and contents of such notices; 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 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, is amended by adding a new Code section to read as follows: "12-5-9. (a)(1) Whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations as designated on preliminary flood maps for any property located in the regulatory floodway in this state, the department shall provide notice to the county or municipal government affected by the revised flood map. Such notice shall be given in writing to the governing authority of such county or municipality by certified mail. Such notices shall be sent promptly and in sufficient time to allow the county or municipality to appeal such determinations in accordance with the provisions of law. (2) Within 30 days of such notification, the county or municipal government shall provide the department with names and addresses of each property owner located in the regulatory floodway of the revised preliminary flood map. (3) Within 21 days of receipt of names and addresses of property owners located in the regulatory floodway, the department shall provide notice to each such property owner that his or her property has been designated as being located in the regulatory floodway and the potential implications of such designation. Such notice shall be given in writing by certified mail addressed to the owner of record as shown on the property and tax records of the county in which such property is located. Such notices shall be sent promptly and in sufficient time to allow the property owners to appeal such determinations in accordance with the provisions of law. At a minimum, such notices shall contain a description of the proposed new or revised flood elevations and a description of the appeal process from such determinations. (b) Failure to receive a notice required by subsection (a) of this Code section shall not create a basis for any appeal of any new or revised flood elevation independent of the appeal process established by the Federal Emergency Management Agency." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 3792 JOURNAL OF THE SENATE Senator Unterman of the 45th offered the following amendment #1 to the committee substitute: Amend the LC 25 5643S substitute to HB 169 by inserting after "shall provide notice to the" on line 19 the following: county tax assessor and to the By inserting after "shall be given in writing to the" on line 20 the following: county tax assessor and to the By replacing "30" with "60" and replacing "or municipal government" with "tax assessor" on line 24. On the adoption of the amendment, there were no objections, and the Unterman amendment #1 to the committee substitute was adopted. Senator Tolleson of the 20th offered the following amendment #2 to the committee substitute: Amend the LC 25 5643S substitute to HB 169 by inserting after "such notices;" on line 7 the following: to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to provide for metering and separate charging of water to tenants; By inserting after Section 1 the following: SECTION 1A. Part 5 of Article 3 of Chapter 5 of Title 12 of the O.C.G.A., relating to public water systems, is amended in Code Section 12-5-180.1, relating to allocating water and wastewater usage among tenants, by adding a new subsection to read as follows: "(c) Subsection (a) of this Code section notwithstanding, the owner or operator of a newly constructed building or structure, not including a renovated building, permitted after January 1, 2010, containing residential units shall install equipment to measure the quantity of water provided to each tenant; and the owner or operator of such a building shall charge tenants separately for water service based on actual use per unit, prorated for common use areas. The total charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water service for such building plus a reasonable fee for establishing, servicing, and billing for water service; the terms of the charges shall be disclosed to tenants prior to any contractual agreement. This subsection shall not apply to any construction of a building containing residential units the contract for which was entered into prior to January 1, 2010." On the adoption of the amendment, there were no objections, and the Tolleson amendment #2 to the committee substitute was adopted. WEDNESDAY, APRIL 1, 2009 3793 Senator Tolleson of the 20th offered the following amendment #3 to the committee substitute: Amend the LC 25 5643S substitute to HB 169 by inserting "or elsewhere" after "floodway" on line 7. By inserting "or elsewhere" at the end of line 18. By replacing lines 25 and 26 with the following: provide the department with the names and addresses of all owners of properties affected by new or revised flood elevations as indicated on the revised preliminary flood map. By replacing lines 27 through 32 with the following: (3) Within 21 days of receipt of names and addresses of owners of properties affected by new or revised flood elevations as designated on the revised preliminary flood map, the department shall provide notice to each such property owner that his or her property will be affected by such new or revised flood elevations and the potential implications of such changes. Such notice shall be given in writing by mail addressed to the owner of record as shown on the property and tax records of the county in which such property is located. Such notices shall be sent by certified mail to owners of properties designated as being in the regulatory floodway and by regular mail to all other owners of affected properties and shall be sent On the adoption of the amendment, there were no objections, and the Tolleson 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: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner 3794 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Y Harp Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Tarver Y Tate Y Thomas 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. HB 169, having received the requisite constitutional majority, was passed by substitute. Senator Grant of the 25th was excused for business outside the Senate Chamber. Senator Unterman of the 45th was excused as a conferee. HB 173. By Representatives Levitas of the 82nd, Coan of the 101st, Smith of the 131st, Parrish of the 156th, Bearden of the 68th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal or void contracts generally, so as to repeal Code Section 13-8-2.1, relating to contracts in partial restraint of trade; to provide a statement of legislative findings; to define certain terms; to provide for applicability; to provide for the enforcement of contracts that restrict or prohibit competition in certain commercial agreements; to provide for the judicial enforcement of such provisions; to provide for the modification of such provisions; to provide for rebuttable presumptions; to provide for related matters; to provide for a contingent effective date, applicability, and automatic repeal; 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 Balfour N Brown Y Hawkins Y Heath Y Henson Y Rogers Y Seabaugh Y Seay WEDNESDAY, APRIL 1, 2009 3795 Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Golden E Grant E Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Y Shafer Y Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 45, nays 2. HB 173, having received the requisite constitutional majority, was passed. HB 184. By Representatives Frazier of the 123rd, Williams of the 89th, Amerson of the 9th, Nix of the 69th, Brooks of the 63rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. The Senate Rules Committee offered the following substitute to HB 184: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 3796 JOURNAL OF THE SENATE SECTION 1. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, is amended in Code Section 19-3-40, which is reserved, as follows: "19-3-40. (a) As used in this Code section, the term 'blood test for sickle cell disease' means a blood test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin. (b) The Department of Human Resources shall prepare information for public dissemination on the department's website describing the importance of obtaining a blood test for sickle cell disease and explaining the causes and effects of such disease. Such information shall recommend that each applicant applying for a marriage license obtain a blood test for sickle cell disease prior to obtaining a marriage license. Such information may also be provided as a brochure or other document. The department shall make such information available in electronic format to the probate courts of this state which shall disseminate such information to all persons applying for marriage licenses. Reserved." 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 Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson WEDNESDAY, APRIL 1, 2009 3797 Golden E Grant E Hamrick Y Harbison Y Harp Y Orrock Y Pearson Y Powell Y Ramsey Y Reed C Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 48, nays 0. HB 184, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Lester G. Jackson District 2 323-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Health and Human Services Higher Education Science and Technology Ethics The State Senate Atlanta, Georgia 30334 4/1/09 Secretary of the Senate: My machine malfunctioned. I would have voted yea on HB 184. /s/ Lester G. Jackson HB 186. By Representatives Martin of the 47th, Drenner of the 86th and Cox of the 102nd: 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: 3798 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 4, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 186 (LC 18 7876) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This bill 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 credits requested by employers as reported by the Georgia Department of Revenue for 2008, the maximum available credit is likely to be used in each year. Sincerely, /s/ Russell W. Hinton State Auditor WEDNESDAY, APRIL 1, 2009 3799 /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 N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman N Cowsert Y Crosby Douglas Y Fort N Goggans Golden E Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 43, nays 3. HB 186, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Gloria Butler District 55 420-C State Capitol Atlanta, GA 30334 Committees: Ethics Health and Human Services Public Safety Regulated Industries and Utilities Rules Urban Affairs The State Senate Atlanta, Georgia 30334 3800 JOURNAL OF THE SENATE April 1, 2009 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Mr. Ewing, It has come to my attention that I erroneously voted "yes" on House Bill 438 and House Bill 186. Please let the records reflect that I voted "no" for both House Bill 438 and House Bill 186. Thank you in advance for your assistance. Sincerely, /s/ Gloria Butler District 55 HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harp of the 29th. The Senate Judiciary Committee offered the following substitute to HB 189: A BILL TO BE ENTITLED AN ACT To provide for legislative findings; to amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," so as to WEDNESDAY, APRIL 1, 2009 3801 correct a cross-reference; to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide for oversight by the Secretary of State of private child support collection; to provide for definitions; to provide for contractual requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of such contracts; to provide for other remedies; 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 change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to change provisions relating to records held by the department; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SECTION 1. The General Assembly recognizes that private child support collectors, private attorneys, and the Department of Human Resources are colleagues in the important role of collecting support for the children of Georgia. The General Assembly also finds that it is vital that these individuals and entities cooperate with each other to ensure the best service to parents. It is the intent of the General Assembly to ensure that parents, as consumers, have options for the enforcement of child support obligations and the ability to make well-informed decisions regarding such options. SECTION 2. Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," is amended by revising paragraph (7) of subsection (c) as follows: "(7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the 'Fair Business Practices Act of 1975';" SECTION 3. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended by revising subsection (a) of Code Section 10-1-392, relating to definitions, as follows: "(a) As used in this part, the term: (1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate. (1.1)(2) 'Campground membership' means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (1.2)(3) 'Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations 3802 JOURNAL OF THE SENATE at future times to use the facility or who have purchased the right periodically to use the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (1.3)(4) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career consulting firm' shall not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34. (5) 'Child support enforcement' means the action, conduct, or practice of enforcing a child support order issued by a court or other tribunal. (2)(6) 'Consumer' means a natural person. (2.1)(7) 'Consumer acts or practices' means acts or practices intended to encourage consumer transactions. (2.2)(8) 'Consumer report' means any written or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity which is used or intended to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for: (A) Credit or insurance to be used primarily for personal, family, or household purposes; or (B) Employment consideration. (2.3)(9) 'Consumer reporting agency' or 'agency' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (3)(10) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. (11) 'Department' means the Department of Human Resources. (4)(12) 'Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (5)(13) 'Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in with respect of to any such documentary material. (5.1)(14) 'File' means, when used in connection with information on any consumer, all of the information on that consumer recorded or retained by a consumer reporting WEDNESDAY, APRIL 1, 2009 3803 agency regardless of how the information is stored. (5.2)(15) 'Going-out-of-business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business, liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the business, or selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt sale, save us from bankruptcy sale, insolvent sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale. (6)(16) 'Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following: (A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or (C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. (6.1)(17) 'Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility. (6.2)(18) 'Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (19) 'Obligee' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as the payee to whom an obligor owes child support. (20) 'Obligor' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as required to make child support payments. (6.3)(21) 'Office' means any place where business is transacted, where any service is 3804 JOURNAL OF THE SENATE supplied by any person, or where any farm is operated. (6.4)(22) 'Office supplier' means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm. (6.5)(23) 'Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property is purchased, leased, or rented by the office or farm for purposes of reselling them to other persons. (7)(24) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (25) 'Private child support collector' means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for a fee or other compensation but shall not include attorneys licensed to practice law in this state unless such attorney is employed by a private child support collector. (7.1)(26) 'Prize' means a gift, award, or other item intended to be distributed or actually distributed in a promotion. (8)(27) 'Promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize or to determine which, if any, prize they will receive. Promotions shall not include any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize does not involve an element of chance. Any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the receipt of that prize involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of Georgia or the Georgia Lottery Corporation as authorized by law; provided, further, that any deposit made in connection with an activity described by subparagraph (b)(22)(B) of Code Section 101-393 shall not constitute the payment of money. (9)(28) 'Trade' and 'commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value wherever situate and shall include any trade or commerce directly or indirectly affecting the people of the this state." SECTION 4. Said part is further amended by adding a new Code section to read as follows: WEDNESDAY, APRIL 1, 2009 3805 "10-1-393.9. (a)(1) Private child support collectors shall register with the Secretary of State and shall provide information as requested by the Secretary of State, including, but not limited to, the name of the private child support collector, the office address and telephone number for such entity, and the registered agent in this state on whom service of process is to be made in a proceeding against such private child support collector. (2) An application for registration shall be accompanied by a surety bond approved by the Secretary of State, and the surety bond shall be: (A) Issued by a surety authorized to do business in this state; (B) In the amount of $50,000.00; (C) In favor of the state for the benefit of a person damaged by a violation of this Code section; and (D) Conditioned on the private child support collector's compliance with this Code section and the faithful performance of the obligations under the private child support collector's agreements with its clients. (3) A surety bond shall be filed with and held by the Secretary of State. (4) Instead of a surety bond, the Secretary of State may accept a deposit of money in an amount determined by the Secretary of State not to exceed $50,000.00. The Secretary of State shall deposit any amounts received under this paragraph in an insured depository account designated for that purpose. (b) Any contract for the collection of child support between a private child support collector and an obligee shall be in writing, in at least ten-point type, and signed by a private child support collector and the obligee. The contract shall include: (1) An explanation of the nature of the services to be provided; (2) An explanation of the amount to be collected from the obligor by a private child support collector and a statement of a sum certain of the total amount that is to be collected by the private child support collector that has been engaged by the obligee; (3) An explanation in dollar figures of the maximum amount of fees which could be collected under the contract and an example of how fees are calculated and deducted; (4) A statement that fees shall be charged for collecting past due child support and for collecting current child support if the collection of current child support for a fee is one of the terms of the contract; (5) A statement that a private child support collector shall not retain fees from collections that are primarily attributable to the actions of the department and that a private child support collector shall be required by law to refund any fees improperly retained; (6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates; (7) The mailing address, telephone numbers, facsimile numbers, and e-mail address of a private child support collector; (8) A statement that a private child support collector shall only collect money owed 3806 JOURNAL OF THE SENATE to the obligee and not child support assigned to the State of Georgia; (9) A statement that a private child support collector is not a governmental entity and that the department provides child support enforcement services at little or no cost to the obligee; and (10) A statement that the obligee may continue to use or pursue services through the department to collect child support. (c) A private child support collector shall not: (1) Improperly retain fees from collections that are primarily attributable to the actions of the department. If the department or an obligee notifies a private child support collector of such improper fee retention, such private child support collector shall refund such fees to the obligee within seven business days of the notification of the improper retention of fees and shall not be liable for such improper fee retention. A private child support collector may require documentation that the collection was primarily attributable to the actions of the department prior to issuing any refund; (2) Charge fees in excess of one-third of the total amount of child support payments collected; (3) Solicit obligees using marketing materials, advertisements, or representations reasonably calculated to create a false impression or mislead an obligee into believing a private child support collector is affiliated with the department or any other governmental entity; (4) Use or threaten to use violence or other criminal means to cause harm to an obligor or the property of the obligor; (5) Falsely accuse or threaten to falsely accuse an obligor of a violation of state or federal laws; (6) Take or threaten to take an enforcement action against an obligor that is not authorized by law; (7) Represent to an obligor that a private child support collector is affiliated with the department or any other governmental entity authorized to enforce child support obligations or fail to include in any written correspondence to an obligor the statement that 'This communication is from a private child support collector. The purpose of this communication is to collect a child support debt. Any information obtained will be used for that purpose.'; (8) Communicate to an obligor's employer, or his or her agent, any information relating to an obligor's indebtedness other than through proper legal action, process, or proceeding; (9) Communicate with an obligor whenever it appears the obligor is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondences, return telephone calls, or discuss the obligation in question, or unless the attorney and the obligor consent to direct communication; (10) Contract with an obligee who is owed less than three months of child support arrearages; or (11) Contract with an obligee for a sum certain to be collected which is greater than WEDNESDAY, APRIL 1, 2009 3807 the total sum of arrearages and the statutory interest owed as of the date of execution of the contract. (d) In addition to any other cancellation or termination provisions provided in the contract between a private child support collector and an obligee, the contract shall be cancelled or terminate if: (1) The obligee requests cancellation in writing within 30 days of signing the contract; (2) The obligee requests cancellation in writing after any 12 consecutive months in which a private child support collector fails to make a collection; (3) A private child support collector breaches any term of the contract or violates any provision contained within this Code section; or (4) The amount to be collected pursuant to the contract has been collected. (e) When it reasonably appears to the administrator that a private child support collector has contracted with obligees after the effective date of this Act using a contract that is not in compliance with this Code section, the administrator may demand pursuant to Code Section 10-1-403 that the private child support collector produce a true and accurate copy of each such contract. If the private child support collector fails to comply or the contracts are determined by the administrator to not be compliant with the provisions of this Code section, the administrator may utilize any of the powers vested in this part to ensure compliance. (f) Upon the request of an obligee, the Child Support Enforcement Agency of the department shall forward child support payments made payable to the obligee to any private child support collector that is in compliance with the provisions of this Code section. (g) The remedies provided in this Code section shall be cumulative and shall be in addition to any other procedures, rights, or remedies available under any other law. (h) Any waiver of the rights, requirements, and remedies provided by this Code section violates public policy and shall be void. (i) In addition to any civil penalties under this part, any person who intentionally violates this Code section shall be subject to a criminal penalty under subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating this Code section." SECTION 5. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," is amended by revising subsection (f) of Code Section 19-11-18, relating to collection procedures, as follows: "(f) Notwithstanding any other provision of this title to the contrary, any child support being held by the Child Support Enforcement Agency of the Department of Human 3808 JOURNAL OF THE SENATE Resources department shall be paid to the custodial parent, legal guardian, or caretaker relative having custody of or responsibility for a child within 30 two days from receipt of same by the enforcement agency." SECTION 6. Said article is further amended by revising subsection (a) of Code Section 19-11-30, relating to confidentiality of information and records, as follows: "(a)(1) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. (2) The department shall provide to an attorney representing an obligee or to a private child support collector, as defined in Code Section 10-1-392, hired by an obligee and acting pursuant to a power of attorney signed by such obligee, any documents which such obligee would be entitled to request and receive from the Child Support Enforcement Agency of the department." SECTION 7. 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 contracts for private collection of child support payment entered into on or after such effective date. 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 N Balfour Y Brown Y Buckner Y Bulloch Butler N Butterworth Y Chance N Hawkins Y Heath Y Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Rogers Y Seabaugh Seay N Shafer Y Sims Smith Y Staton Stoner WEDNESDAY, APRIL 1, 2009 3809 Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden E Grant E Hamrick Y Harbison Y Harp Y Jackson,W Y Johnson Jones Y Moody Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 38, nays 5. HB 189, having received the requisite constitutional majority, was passed by substitute. HB 217. By Representatives Pruett of the 144th, Channell of the 116th, Carter of the 159th, Cooper of the 41st, Stephens of the 164th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. The Senate Health and Human Services Committee offered the following substitute to HB 217: 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 authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine 3810 JOURNAL OF THE SENATE protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for policies for handling used equipment; to limit the number of influenza vaccine protocol agreements in which a physician may enter at any one time; to prohibit certain entities from entering into influenza vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for vaccinations or other measures for health care workers in hospitals; to provide for statutory construction; to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for emergency powers of the Governor in the event of a pandemic influenza emergency; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding a new Code section to read as follows: "43-34-26.4. (a) As used in this Code section, the term: (1) 'Administer' means the provision of a unit dose of influenza vaccine by a pharmacist or nurse pursuant to an influenza vaccine order contained in an influenza vaccine protocol agreement with a physician. (2) 'Adverse event' means an event that is a negative consequence of the administration of influenza vaccine by a pharmacist or nurse that results in an unintended reaction, injury, or illness, which may or may not have been preventable. (3) 'Board' means the Composite State Board of Medical Examiners. (4) 'Influenza vaccine' means a vaccine administered by injection that contains inactivated influenza viruses that is prepared for the applicable season and that is administered to produce or increase immunity to the influenza virus. (5) 'Influenza vaccine order' means a prescription drug order, contained in an influenza vaccine protocol agreement, for influenza vaccine issued by a physician for a group of patients that meet a certain criteria and to be administered by a pharmacist or a nurse. An influenza vaccine order shall also mean a prescription drug order, contained in an influenza vaccine protocol agreement, for epinephrine issued by a physician for a group of patients that meet a certain criteria and to be administered by a pharmacist or a nurse only upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (6) 'Influenza vaccine protocol agreement' means a written document mutually agreed upon and signed by a physician and a pharmacist or by a physician and a nurse, by WEDNESDAY, APRIL 1, 2009 3811 which document the physician prescribes influenza vaccine and epinephrine, if determined appropriate by the physician, by means of an influenza vaccine order for administration by a pharmacist or a nurse. (7) 'Nurse' means a registered professional nurse as defined in paragraph (9) of Code Section 43-26-3. The term shall also mean a licensed practical nurse as defined in paragraph (5) of Code Section 43-26-32 who is regularly employed by a physician who actively engaged in the private practice of medicine. (8) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in the practice of pharmacy in the State of Georgia. (9) 'Pharmacy intern' means a pharmacy intern as defined in paragraph (19) of Code Section 26-4-5. (10) 'Physician' means an individual licensed to practice medicine and surgery pursuant to this article and whose principal place of practice is located in this state. (b) A physician engaged in the active practice of medicine may prescribe influenza vaccine for a group of patients via an influenza vaccine order contained in an influenza vaccine protocol agreement to be administered by a pharmacist, provided the physician is registered with the vaccination registry established by the Department of Human Resources pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services, the pharmacist is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the pharmacist holds current certification in Basic Cardiac Life Support and has completed a course of training accredited by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the Georgia State Board of Pharmacy. A physician who is a party to an influenza vaccine protocol agreement may also prescribe epinephrine via an influenza vaccine order contained in an influenza vaccine protocol agreement for administration by a pharmacist upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (c) A physician engaged in the active practice of medicine may prescribe influenza vaccine for a group of patients via an influenza vaccine order contained in an influenza vaccine protocol agreement to be administered by a nurse, provided the physician is registered the vaccination registry established by the Department of Human Resources pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services, the nurse is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the nurse holds current certification in Basic Cardiac Life Support. A physician who is a party to an influenza vaccine protocol agreement may also prescribe epinephrine via an influenza vaccine order contained in an influenza vaccine protocol agreement for administration by a nurse upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant 3812 JOURNAL OF THE SENATE the administration of epinephrine. (d) An influenza vaccine protocol agreement between a physician and a pharmacist or a physician and a nurse pursuant to this Code section shall, without limitation: (1) Contain the current names, addresses, telephone numbers, and professional license numbers of the physician and the pharmacist or nurse; (2) Contain a provision for immediate consultation between the pharmacist or nurse and the physician. If the physician is not available, the physician for purposes of consultation may designate another physician who concurs with the terms of the influenza vaccine protocol agreement; (3) Require the pharmacist or nurse to provide the influenza vaccine recipient with the appropriate and current Vaccine Information Statement (VIS) as provided by the federal Centers for Disease Control and Prevention; (4) Require the pharmacist or nurse or his or her employer to retain documentation of each dose of influenza vaccine administered. Such documentation shall include, but not be limited to: (A) The administering pharmacist's or nurse's name, address, telephone number, and professional license number; (B) The name, dose, manufacturer, and lot number of the influenza vaccine; (C) The vaccine recipient's name, address, date of birth, and telephone number; (D) The date of administration and injection site; (E) A signed and dated consent form by which the vaccine recipient acknowledges receipt of the VIS and consents to the administration of the influenza vaccine; and (F) Any adverse events or complications that occur; (5) Require the pharmacist or nurse to enter the patient's influenza vaccine information in the Georgia Registry of Immunization Transactions and Services within the registry's designated time frame, or as designated by the Department of Human Resources; (6) Require, as a condition of administration of the influenza vaccine, the influenza vaccine recipient to remain under the observation of the administering pharmacist or nurse for a period of not less than 15 minutes immediately subsequent to the administration of the influenza vaccine; (7) Contain procedures to follow up on the occurrence of an adverse event or complication including, if prescribed via an influenza vaccine order contained in an influenza vaccine protocol agreement, the administration of epinephrine; (8) Provide for prioritization of influenza vaccine recipients in the event the supply of influenza vaccine is limited; and (9) Be renewed and, if necessary, revised or updated biennially by the physician and the pharmacist or nurse. An influenza vaccine protocol agreement that is not renewed biennially shall expire. (e) A pharmacist that is a party to an influenza vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza vaccine to any individual other than a pharmacy intern under the direct supervision of the pharmacist whether or not any such other individual is under the supervision, direct or otherwise, WEDNESDAY, APRIL 1, 2009 3813 of the pharmacist. (f) A nurse that is a party to an influenza vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza vaccine to any individual, whether or not any such individual is under the supervision, direct or otherwise, of the nurse; provided, however, notwithstanding the requirement of employment by a physician in paragraph (7) of subsection (a) of this Code section at a registered professional nurse that is a party to an influenza protocol agreement pursuant to this Code section may delegate the administration of influenza vaccine to a licensed practical nurse under the direct on-site supervision of the registered professional nurse. (g) Notwithstanding any law to the contrary, a nurse acting pursuant to an influenza vaccine protocol agreement as provided in this Code section may possess and transport influenza vaccine and epinephrine. (h) A pharmacist or nurse administering influenza vaccines pursuant to an influenza vaccine protocol agreement authorized by this Code section shall maintain policies and procedures for the handling and disposal of used or contaminated equipment and supplies. (i) Nothing in this Code section shall be construed to authorize a physician to prescribe any vaccines or other drugs pursuant to an influenza vaccine protocol agreement or influenza vaccine order contained in an influenza vaccine protocol agreement other than influenza vaccines and epinephrine. (j) A delegating physician may not enter into an influenza vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time; provided, however, and notwithstanding the geographic limitations provided in subsections (b) and (c) of this Code section, a delegating physician may enter into an influenza vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time so long as the pharmacists or nurses are in the same public health district as established pursuant to Code Section 31-3-15, and are employees or agents of the same corporate entity. (k) It shall be unlawful for a physician who is employed by a pharmacist or nurse to enter into an influenza vaccine protocol agreement or otherwise delegate medical acts to such pharmacist or nurse. It shall be unlawful for a physician who is employed by a pharmacy to enter into an influenza vaccine protocol agreement or otherwise delegate medical acts to a pharmacist or nurse who is also employed by such pharmacy. (l) The board shall have the authority to promulgate rules and regulations governing a physician who is a party to an influenza vaccine protocol agreement in order to carry out the intent and purposes of this Code section. Further, the board shall: (1) Require that the influenza vaccine protocol agreement be filed by the physician with the board and be made available by the board for public inspection; and (2) Promulgate by rule an approved standard protocol template that may be utilized as an influenza vaccine protocol agreement and make such template available on the board's website. (m) Nothing in this Code section shall be construed to require a physician to enter into an influenza vaccine protocol agreement. A public or private managed care system, 3814 JOURNAL OF THE SENATE health plan, hospital, insurance company, or similar entity shall not require a physician, pharmacist, or nurse to enter into an influenza vaccine protocol agreement as a condition for participation in or reimbursement from such entity. (n) No physician who complies with the provisions of this Code section shall be subject to criminal or civil liability or discipline for unprofessional conduct for: (1) Entering into an influenza vaccine protocol agreement with a pharmacist or nurse; (2) Issuing an influenza vaccine order contained in an influenza vaccine protocol agreement with a pharmacist or nurse; or (3) The acts or omissions of a pharmacist or nurse pursuant to an influenza vaccine protocol agreement including the administration of influenza vaccine or epinephrine. Nothing in this subsection shall be interpreted as altering liability of an employer for acts of his or her employees. (o) This Code section shall not apply to any activities conducted within a hospital or within any other facility or entity owned, operated, or leased by a hospital. (p) This Code section shall not be interpreted as limiting the authority of any authorized person to dispense or administer influenza vaccine or other medications. (q) No influenza vaccine protocol agreement entered into pursuant to this Code section shall permit a pharmacist or nurse to administer an influenza vaccine to any child under the age of 13 without an individual prescription from a physician, and consent of the child's parent or legal guardian shall be a condition precedent to the administration of an influenza vaccine to a child under the age of 18." SECTION 2. 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 revising Code Section 317-18, relating to influenza vaccinations for discharged patients aged 65 and older, as follows: "31-7-18. (a) Annually between October 1 through March 1, prior 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 in accordance with the recommendations of the Centers for Disease Control and Prevention and any applicable rules and regulations of the department, 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 hospital's medical staff. (b) A hospital may offer to its health care workers any vaccination, test, or prophylactic measure required or recommended by, and in accordance with, the recommendations of the Centers for Disease Control and Prevention pursuant to standing orders approved by the hospital's medical staff to ensure the safety of employees, patients, visitors, and contractors. (c) 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 WEDNESDAY, APRIL 1, 2009 3815 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. (d) Nothing in this Code section shall restrict or limit the use of standing orders in hospitals for any other lawful purpose." SECTION 3. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended in Code Section 38-3-3, relating to definitions, by adding a new paragraph to read as follows: "(4.1) 'Pandemic influenza emergency' means the declaration by the World Health Organization of at least a Phase 5 Pandemic Alert for influenza occurring in the United States or the State of Georgia or the declaration by the Centers for Disease Control and Prevention of at least a Category 2 Pandemic Severity Index for influenza occurring in the United States or the State of Georgia." SECTION 4. Said chapter is further amended in Code Section 38-3-51, relating to emergency powers of the Governor, by revising subsection (a) as follows: "(a) In the event of actual or impending emergency or disaster of natural or human origin, or pandemic influenza emergency, or impending or actual enemy attack, or a public health emergency, within or affecting this state or against the United States, the Governor may declare that a state of emergency or disaster exists. As a condition precedent to declaring that a state of emergency or disaster exists as a result of a public health emergency, the Governor shall issue a call for a special session of the General Assembly pursuant to Article V, Section II, Paragraph VII of the Constitution of Georgia, which session shall convene at 8:00 A.M. on the second day following the date of such declaration for the purpose of concurring with or terminating the public health emergency. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with, to the extent that emergency or disaster conditions no longer exist, and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than 30 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emergency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster." 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. 3816 JOURNAL OF THE SENATE Senators Cowsert of the 46th and Heath of the 31st offered the following amendment #1 to the committee substitute: Amend the Senate Health and Human Services Committee substitute to HB 217 (LC 36 1454S) by inserting after "department." on line 200 the following: A hospital may offer other patients such vaccinations in accordance with the recommendations of the Centers for Disease Control and Prevention and any applicable rules and regulations of the department. On the adoption of the amendment, there were no objections, and the Cowsert, Heath 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas 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 50, nays 0. HB 217, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, APRIL 1, 2009 3817 HB 221. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd: A BILL to be entitled an Act to amend Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, so as to provide that no writ of mandamus or writ of prohibition to compel the removal of a superior court judge shall issue where no motion to recuse has been filed in a timely manner or where a motion to recuse has been denied; 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: Adelman Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Fort Y Goggans 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,L Y Jackson,W Y Johnson Y Jones Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas 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 47, nays 0. HB 221, having received the requisite constitutional majority, was passed. The President resumed the Chair. 3818 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 substitute, by the requisite constitutional majority the following Bill of the Senate: SB 200. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Douglas of the 17th, Hill of the 32nd and others: 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 enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct crossreferences; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. The committee substitute (LC 33 3205S) to HB 243 and the Weber amendment #1 to the committee substitute can be found on the 38th legislative day, Monday, March 30, 2009. 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: WEDNESDAY, APRIL 1, 2009 3819 N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer Sims N Smith Y Staton N Stoner N Tarver N Tate Y Thomas 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 31, nays 23. HB 243, having received the requisite constitutional majority, was passed by substitute. The following resolution was taken up to consider House action thereto: HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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. Senator Mullis of the 53rd asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HR 206 and that a Conference Committee be appointed. 3820 JOURNAL OF THE SENATE The consent was granted, and the President appointed as a Conference Committee the following Senators: Mullis of the 53rd, Reed of the 35th and Wiles of the 37th. The following bill was taken up to consider House action thereto: HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; 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 277 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Mullis of the 53rd, Reed of the 35th and Wiles of the 37th. The Calendar was resumed. HB 278. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey 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 temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; 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 278: WEDNESDAY, APRIL 1, 2009 3821 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 provide for enrollment counts for students in certain dual enrollment programs; to provide for requirements for weighting of students in certain dual enrollment courses under the Quality Basic Education Formula; to temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to revise certain provisions relating to organization of schools, middle school programs, and scheduling; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program, as follows: "(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the 3822 JOURNAL OF THE SENATE preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. A student who is enrolled in a dual enrollment program other than as established in Code Section 20-2161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement has been approved by the State Board of Education. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date." SECTION 2. Said article is further amended in Code Section 20-2-161, relating to the Quality Basic Education Formula, by adding a new subsection to read as follows: "(c.1) For purposes of calculating the annual allotment of funds to each local school system, a student who is enrolled in a dual enrollment program other than as established in Code Section 20-2-161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement has been approved by the State Board of Education." SECTION 3. Said article is further amended in Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, by adding a new subsection to read as follows: "(f)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to direct instructional costs, media center costs, and staff and professional development costs shall be waived and shall not apply to nor be enforceable against a local school system. WEDNESDAY, APRIL 1, 2009 3823 (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010." SECTION 4. Said article is further amended by revising Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows: "20-2-184.1. (a) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds. (b)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to additional days of instruction shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of 3824 JOURNAL OF THE SENATE this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010." SECTION 5. Said article is further amended in Code Section 20-2-290, relating to the organization of schools, middle school programs, and scheduling, as follows: "20-2-290. (a)(1) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Local school systems which have organized their schools in such a manner that facilities Schools which house grades six, seven, and eight or grades seven and or eight, or any combination thereof, shall qualify for the middle school program for students in grade levels so housed. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section and criteria and standards prescribed by the State Board of Education. Schools with students in the sixth grade shall not be eligible for the middle school program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. (2) The board of education of any local school system shall be authorized to employ school administrative managers in lieu of or in addition to assistant principals. Such school administrative managers shall not be required to be certificated by the Professional Standards Commission but shall have such qualifications as determined by the local board with a minimum requirement of a bachelor's degree. The duties of school administrative managers shall be to oversee and manage the financial and business affairs of the school. The principal shall retain authority over the curriculum and instructional areas. The school administrative manager shall report directly to the principal. In the event that a local board considers hiring or utilizing school administrative managers pursuant to this subsection, it shall receive and give all due consideration to recommendations by the school council as to whether or not to utilize such position and as to selection of the manager. Existing employees of the local board shall be eligible to serve as school administrative managers if they meet other qualifications and requirements established by the local board for such position. For purposes of earning funds for such positions, school administrative managers shall be treated in all respects the same as assistant principals. (b) Except as otherwise provided in subsection (c) of this Code section, local Local boards of education shall schedule each middle school so as to provide the following: (1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State WEDNESDAY, APRIL 1, 2009 3825 Board of Education shall prescribe. For students not performing on grade level, as defined by the Office of Student Achievement, the minimum of five hours shall include such remedial academic instruction in English and language arts, reading, mathematics, science, or social studies as required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the student's team of academic teachers; provided that, in making such a determination the team shall consider the student's performance on the criterion-referenced assessments authorized in Code Section 20-2181; (2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local schools may apply to the state board for an exception to the schedule set out in subsection (b) of this Code section in order to schedule a minimum of 4.5 hours of academic instruction. If the local school has achieved an acceptable rating for the preceding year, the state board shall grant the application for an exception. (d)(c) Local school systems shall comply with subsection (b) or (c) of this Code section in order to qualify for the middle school program. (e)(d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the full-time equivalent count for the middle school program in qualified middle schools." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senators Weber of the 40th and Moody of the 56th offered the following amendment #1 to the committee substitute: Amend the Senate Education and Youth Committee substitute to HB 278 (LC 33 3199S) by inserting after "scheduling;" on line 8 the following: to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and lowwealth capital outlay grants; 3826 JOURNAL OF THE SENATE By inserting between lines 183 and 184 the following: SECTION 5A. Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," is amended by revising subsection (h) of Code Section 20-2-260, relating to capital outlay funds generally, as follows: "(h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following: (1) Extraordinary growth of student population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding: (A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section; (C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met. This subsection shall be automatically repealed on June 30, 2011." SECTION 5B. Said part is further amended in Code Section 20-2-260, relating to capital outlay funds generally, by adding a new paragraph to subsection (j) to read as follows: "(7) This subsection shall be automatically repealed on June 30, 2011." WEDNESDAY, APRIL 1, 2009 3827 SECTION 5C. Said part is further amended in Code Section 20-2-262, relating to low-wealth capital outlay grants to local school systems, by adding a new subsection to read as follows: "(e) This Code section shall be automatically repealed on June 30, 2011." SECTION 5D. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 1 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 21 of such Act in its entirety. SECTION 5E. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 2 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 23 of such Act in its entirety. (3) An Act approved April 22, 1999 (Ga. L. 1999, p. 400), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: "SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2002." On the adoption of the amendment, there were no objections, and the Weber, Moody amendment #1 to the committee substitute was adopted. Senators Weber of the 40th, Williams of the 19th and Moody of the 56th offered the following amendment #2 to the committee substitute: Amend the Senate Education and Youth Committee substitute to HB 278 (LC 33 3199S) by inserting after "To amend" on line 1 the following: Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for nepotism restrictions for eligibility for members of local boards of education and for local school superintendents; By striking lines 7 and 8 and inserting in lieu thereof "additional days of instruction; to provide for". By inserting between lines 10 and 11 the following: SECTION 0.1 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (c) of Code Section 20-2-51, relating to election of county board of education members, persons ineligible to be 3828 JOURNAL OF THE SENATE members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, as follows: "(c)(1) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. No person employed by a local board of education shall be eligible to serve as a member of that board of education. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. This subsection paragraph shall not apply to institutions above the high school level. (2) No person who has an immediate family member sitting on a local board of education or serving as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system shall be eligible to serve as a member of such local board of education. As used in this paragraph, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2009. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes a local board of education member for that school system." SECTION 0.2 Said chapter is further amended by revising subsection (b) of Code Section 20-2-101, relating to appointment of county school superintendents, as follows: "(b)(1) 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. (2) No person shall be eligible to be appointed, employed, or to serve as superintendent of schools of any county or independent school system who has an immediate family member sitting on the local board of education for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009, by that school system. As used in this subsection, the term 'immediate family member' shall have the same meaning as in subsection (c) of Code Section 20-2-51. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes the superintendent for that school system." By striking lines 121 through 184. WEDNESDAY, APRIL 1, 2009 3829 On the adoption of the amendment, there were no objections, and the Weber et al. amendment #2 to the committee substitute was adopted. Senators Johnson of the 1st, Wiles of the 37th, Pearson of the 51st, Williams of the 19th and Seabaugh of the 28th offered the following amendment #3 to the committee substitute: Amend the Senate Education and Youth Committee substitute to HB 278 (LC 33 3199S) by inserting after "To amend;" on line 1 the following: 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 the annual disclosure of expenditures by local boards of education; to provide for withholding of funds; to amend By inserting between lines 10 and 11 the following: SECTION 0.2 Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding a new Code section to read as follows: "20-2-72. (a) Each local board of education shall annually disclose all expenditures, including, but not limited to, expenditures for association dues, advertising and public relations campaigns, mailing, research, analysis, and the compilation and dissemination of information, as well as salaries, administrative expenses, litigation expenses, website operation costs, meetings, conferences, recruitment activities, and media releases. Such disclosure may be accomplished by posting the school system's ledger in electronic form on the school system website. Such disclosure shall be made no later than July 31 of each year for the immediately previous fiscal year. (b) The State Board of Education shall be authorized to initiate the provisions of Code Section 20-2-243, relating to withholding of funds, including specifically administrative funds for salaries pursuant to Code Section 20-2-186, if a local board of education does not comply with the requirements of this Code section." 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 31, nays 7, and the Johnson et al. amendment #3 to the committee substitute was adopted. Senators Johnson of the 1st, Wiles of the 37th, Pearson of the 51st, Heath of the 31st, Williams of the 19th and others offered the following amendment #4 to the committee substitute: 3830 JOURNAL OF THE SENATE Amend the Senate Education and Youth Committee substitute to HB 278 (LC 33 3199S) by inserting after "To amend;" on line 1 the following: Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to prohibit certain actions by local school superintendents; to amend By inserting between lines 10 and 11 the following: SECTION 0.1 Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, is amended by adding a new Code section to read as follows: "20-2-101.1. (a) A local school superintendent shall not be eligible to be employed by or be under contract for any education association, regional educational service agency, or the Department of Education or any other entity which represents or does business with the local school system which employed the superintendent until one year after the termination date of the superintendent's employment or leaving such office. (b) A superintendent employed by or under contract with a local board of education shall be prohibited from registering as a lobbyist or engaging in lobbying under this article for a period of one year after terminating such employment or leaving such office." On the adoption of the amendment, the President asked for unanimous consent. Senator Tate of the 38th objected. On the adoption of the amendment, the yeas were 29, nays 13, and the Johnson et al. 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: Y Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith WEDNESDAY, APRIL 1, 2009 3831 Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hudgens N Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Staton N Stoner Y Tarver N Tate Y Thomas 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 41, nays 14. HB 278, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st: A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; 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 25, Title 26, and Title 43 of the Official Code of Georgia Annotated, relating to fire protection and safety, food, drugs, and cosmetics, and professions and businesses, respectively, so as to provide for the regulation of certain professions and businesses; to provide for definitions; to provide for an exception to certain provisions regarding requiring an architect's seal for certain plans and specifications for all 3832 JOURNAL OF THE SENATE buildings; to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change the definition of the term "electronic data prescription drug order"; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to provide that when a substitution is made, certain information relative to the substitution must appear on the prescription label and be affixed to the container or an auxiliary label; to change certain provisions relating to the general powers of the division director; to change certain provisions relating to veteran examinations; to provide for notification of current laws, rules, and regulations and standards of conduct relating to the practice of architecture; to clarify the types of construction projects within planned or existing structures for which documents may be prepared, certified, and submitted for building permits by a Georgia registered interior designer; to provide that the service upon the division director on behalf of the State Board of Barbers or the State Board of Physical Therapy shall be at his or her office; to change certain provisions regarding the training, utilization, and licensing of apprentices in barbershops; to revise certain provisions relating to the record of revocation of chiropractic licenses; to change certain provisions relating to the rules and regulations as to sanitary requirements and inspections relative to cosmetologists; to revise certain requirements for application for low-voltage electrical contracting licenses; to require the examination for the land surveyor-intraining certificate be board approved; to change provisions as to notice of meetings of the State Board of Hearing Aid Dealers and Dispensers; to revise the general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director; to change certain provisions relating to the issuance of licenses relative to hearing aid dealers and dispensers; to amend provisions relating to the qualifications and examination of hearing aid dispenser apprentices; to provide for notice to the hearing aid dealer licensee or permit holder; to change certain provisions relating to fees for licensure of landscape architects; to provide that applicants for licensure as dispensing opticians may be required to pass a board approved examination; to change certain provisions relating to examinations and examination fees relative to dispensing opticians; to amend certain provisions as to continuing education requirements relative to license renewals of dispensing opticians; to change certain provisions relating to examinations for licenses to practice podiatric medicine; to change certain provisions relating to the examination of applicants and appeals relative to psychologists; to provide for continuing eligibility for licensure without examination for residential and general contractors under certain circumstances; to change certain provisions relating to the test an applicant for a used motor vehicle and parts dealer license must pass; to provide for board approved examinations for applicants for certification as operators or laboratory analysts of treatment plants; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, WEDNESDAY, APRIL 1, 2009 3833 is amended by revising Code Section 25-2-1, relating to "commissioner" defined, as follows: "25-2-1. As used in this chapter, the term: (1) 'Commissioner' means the Safety Fire Commissioner. (2) 'Proposed building' means any new structure or substantial renovation. (3) 'Substantial renovation' means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation." SECTION 2. Said title is further amended by revising paragraph (1) of subsection (a) and subsection (d) of Code Section 25-2-14, relating to buildings presenting special hazards to persons, as follows: "(a)(1) Notwithstanding the provisions of paragraph (5) of subsection (b) of Code Section 43-4-14, plans Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee in the amount provided in Code Section 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner." "(d) For purposes of this chapter, any existing building or structure listed in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be deemed to be a proposed building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. For purposes of this subsection, the term 'substantial renovation' means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation." SECTION 3. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising paragraph (14.1) of Code Section 26-4-5, relating to definitions relative to pharmacists and pharmacies, as follows: (14.1) 'Electronic data prescription drug order' means any digitalized prescription drug order transmitted to a pharmacy, by a means other than by facsimile, which contains the secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state 3834 JOURNAL OF THE SENATE laws and board regulations and includes all other information required by state laws and board regulations. Electronic data prescription drug order also includes any digitalized prescription drug order transmitted to a pharmacy that is converted into a visual image of a prescription order during the transmission process, received by the pharmacy through a facsimile, and includes the practitioner's electronic signature." SECTION 4. Said title is further amended by revising subsections (a) and (b) of Code Section 26-4-41, relating to qualifications for license, examination, and internships and other training programs relative to pharmacists and pharmacies, as follows: "(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college as so long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language; (5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; (6) Have successfully passed an examination or examinations approved by the board; and (7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license. (b) Examinations. (1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available by the board at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination;. (2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination; and. (3) Any person who takes the board approved examination and fails the examination WEDNESDAY, APRIL 1, 2009 3835 may repeat the examination at regular intervals of administration; however, a person may not take the examination more than three times without permission from the board. A person who has taken the board approved examination and failed the examination for the third time may not practice as a pharmacy intern. A person who takes the board approved examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid." SECTION 5. Said title is further amended by revising subsection (c) of Code Section 26-4-42, relating to license transfers for pharmacists licensed in another jurisdiction relative to pharmacists and pharmacies, as follows: "(c) To obtain a license to engage in the practice of pharmacy in this state, a pharmacist who is a graduate of a pharmacy school or college located in another country must complete all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations and the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language. Additionally, a foreign pharmacy graduate applicant shall: (1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state; (5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee; (6) Have successfully passed an examination approved by the board; and (7) Have paid the fees specified by the board." SECTION 6. Said title is further amended by revising subsection (a) of Code Section 26-4-46, relating to pharmacy interns, eligibility, and requirements for licenses, as follows: "(a) To obtain a license as a pharmacy intern, an applicant shall: (1) Have submitted a written an application in the form prescribed by the board of pharmacy; (2) Have attained the age of majority; (3) Be of good moral character; and (4) Have paid the fees specified by the board for the issuance of the license." SECTION 6A. Said title is further amended by revising subsection (d) of Code Section 26-4-81, relating 3836 JOURNAL OF THE SENATE to substitution of generic drugs for brand name drugs, as follows: "(d)(1) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (2) If a pharmacist substitutes a generic drug product for a brand name prescribed drug product when dispensing a prescribed medication, the brand name and the generic name of the drug product, with an explanation of 'generic for (insert name of brand name prescribed drug product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label; provided, however, that this paragraph shall not apply to medication dispensed for in-patient hospital services or to medications in specialty packaging for dosing purposes as defined by the board." SECTION 7. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (j) of Code Section 43-1-2, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licenses, and funding, as follows: "(j) The division director shall may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards shall may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards." SECTION 8. Said title is further amended by revising Code Section 43-1-9, relating to point credit for veterans taking examination given by professional licensing boards, as follows: "43-1-9. Any applicant taking an examination given required by any professional licensing board except the State Board of Accountancy shall receive points in the following manner: WEDNESDAY, APRIL 1, 2009 3837 (1) Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; (2) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and (3) Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination." SECTION 9. Said title is further amended by revising Code Section 43-1-10, relating to credit to veteran's grades when examination given in parts or by subject, as follows: "43-1-10. If an examination given by a professional licensing board is given required in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his or her grade on all of the parts or subjects is determined." SECTION 10. Said title is further amended by revising Code Section 43-1-11, relating to veteran's examination to be graded prior to determination of eligibility for credit, as follows: "43-1-11. A person grading an examination given required by a professional licensing board shall first grade the examination without reference to veteran credit, determining thereafter 3838 JOURNAL OF THE SENATE from the proof submitted whether an applicant is a veteran and is entitled to such credit; if so, the credit shall be added; and if after such addition the applicant equals or exceeds the grade required to pass the examination, the applicant shall be entitled to be certified as having passed the examination." SECTION 11. Said title is further amended by revising subsection (b) of Code Section 43-4-9, relating to adoption of rules, regulations, and standards of conduct and utilization of the Internet relative to architects, as follows: "(b) The board shall post all current laws, rules, regulations, and standards of conduct relating to the practice of architecture in this state on the board's official website. The board shall also provide on the website notification of recent changes in such laws, rules, regulations, or standards and information pertaining to disciplinary actions taken by the board. Individual notice of changes in such laws, rules, regulations, or standards shall be sent by the board at least once a year to each registered architect and building official. Individual notice may be sent by e-mail or regular mail." SECTION 12. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 43-4-14, relating to the practice of architecture, qualifications and registration, exempt structures and persons, design-build contracts, predesign services, and construction contract administration services, as follows: "(5) Nonload-bearing interior construction in existing or planned office structures which were designed by a registered architect, where drawings and specifications are prepared by a Georgia registered interior designer who also submits to the responsible building official a notarized and signed statement on letterhead from a person in a position of authority within the interior design firm certifying that the plans and specifications as submitted are in full compliance with the current building codes, fire codes, accessibility laws, and regulations in effect." SECTION 13. Said title is further amended by revising Code Section 43-7-7, relating to board meetings, secretary of the board, service of process and documents, and records relative to barbers, as follows: "43-7-7. The board shall meet at least six days a year but shall not meet more than 36 days in one year. All meetings shall be open to the public except that the board may hold restricted attendance sessions to prepare, give, and grade examinations and to deliberate in connection with the decision in a contested case. The division director shall be secretary of the board and, in addition to his or her duties as prescribed by Code Section 43-1-3, shall perform such other administrative duties as may be prescribed by the board. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her WEDNESDAY, APRIL 1, 2009 3839 office in Atlanta. All official records of the board, or affidavits by the division director as to the content of such records, shall be prima-facie evidence of all matters required to be kept therein." SECTION 14. Said title is further amended by revising Code Section 43-7-12 , relating to requirements for 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 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 15. Said title is further amended by revising subsection (a) of Code Section 43-7-16 , relating to requirement for license as apprentice barber and limitation on renewal, as follows: "(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." SECTION 16. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 439-7, relating to qualifications of applicants for license to practice chiropractic, as follows: "(a) Any person wishing to practice chiropractic in this state shall make written application to the board through the division director in such form as may be adopted and directed by the board. (b) Application shall be in writing and shall be signed by the applicant in his own handwriting; shall be sworn to before some officer authorized under the laws to administer oaths; The application shall recite the history of the applicant's educational qualifications, how long he has studied chiropractic, what collateral branches, if any, he has studied, and the length of time he has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, etc.;, and shall accompany the application with satisfactory evidence of good character and reputation. (c) Each applicant shall send provide with his application an application fee in an amount established by the board." 3840 JOURNAL OF THE SENATE SECTION 17. Said title is further amended by revising Code Section 43-9-14, relating to record of license revocation relating to chiropractors, as follows: "43-9-14. In all cases wherein a license has been revoked and no appeal has been taken within the time allowed by law, it shall be the duty of the division director, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the division director, and it shall be the duty of the clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In cases wherein appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner provided in this Code section immediately after the final termination of such case. Reserved." SECTION 18. Said title is further amended by revising Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, instruction on HIV and AIDS, inspections, and unsanitary conditions as nuisances relative to cosmetologists, as follows: "43-10-6. (a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care, subject to the approval of the Department of Human Resources, and to cause the rules and regulations or any subsequent revisions to be in suitable form., and to transmit a copy thereof The board shall make the rules and regulations available to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, school of hair design, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, school of hair design, and school of nail care in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her business, so as to be easily read by his or her customers. (b) The board is authorized to adopt reasonable rules and regulations requiring that persons licensed under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Any inspector employed by the division director Secretary of State shall have the power to enter and make reasonable examination of any beauty shop, salon, and school in the state during business hours for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof. (d) Any beauty shop, salon, or school in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance." SECTION 19. Said title is further amended by revising subsection (c) of Code Section 43-14-8.1, WEDNESDAY, APRIL 1, 2009 3841 relating to license requirement for low-voltage electrical contracting, businesses conducted by partnerships, limited liability companies, and corporations, and applications relative to electrical contracting, as follows: "(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application prior to and including December 31, 1984, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Low-voltage Contractor Class LVA, LV-G, LV-U, or LV-T license without examination. An individual desiring to obtain Low-voltage Contractor Class LV-T shall submit to the division an affidavit sworn before a notary public which outlines the experience of said individual in the practice of low-voltage wiring relating to telecommunication systems. An individual desiring to obtain a Low-voltage Contractor Class LV-A license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm systems. An individual desiring to obtain a Low-voltage Contractor Class LV-G license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to general systems. Each such affidavit for licensure shall describe in detail the installation of at least three complete low-voltage wiring jobs which shall demonstrate that the individual has successfully performed low-voltage wiring in the area of licensure requested for a period of at least one year immediately prior to the time of application. An individual desiring to obtain a Low-voltage Contractor Class LV-U license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete low-voltage wiring jobs, three in alarm and three in telecommunication systems, which shall demonstrate that the individual has successfully performed lowvoltage wiring in those areas for a period of at least one year immediately prior to the time of application." SECTION 20. Said title is further amended by revising Code Section 43-15-12, relating to land surveyor-in-training certificate and eligibility, as follows: "43-15-12. To be eligible for certification as a land surveyor-in-training, an applicant must meet the following minimum requirements: (1)(A) Earn a bachelor's degree in a curriculum approved by the board; or (B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or (C) Earn a high school diploma, or its equivalent, and acquire not less than four years' experience in land surveying of a nature satisfactory to the board; and (2) Acquire a minimum of 15 quarter hours' credit, or its equivalent, in land 3842 JOURNAL OF THE SENATE surveying subjects in a course of study approved by the board; provided, however, that on and after January 1, 1995, the minimum requirement shall be 20 quarter hours' credit, five of which shall be in hydrology; and (3) Subsequently pass the board's written board approved examination in the fundamentals of land surveying (land surveyor-in-training examination)." SECTION 21. Said title is further amended by revising subsection (c) of Code Section 43-18-41, relating to qualifications of embalmer or funeral director applicants, as follows: "(c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50; and, effective January 1, 1991, must pass a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors." SECTION 22. Said title is further amended by revising paragraph (1) of subsection (a) Code Section 4318-42, relating to reciprocity and examination upon meeting qualifications relative to funeral directors and establishments, as follows: "(1)(A) On or after January 1, 1991, such person successfully passes a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors; and (B) Such person satisfied in another state, territory, country, or District of Columbia the requirements for licensure which are: (i) In effect in Georgia on the date of application; or (ii) Substantially equal to the requirements for a similar license in Georgia; or" SECTION 23. Said title is further amended by revising subsection (b) of Code Section 43-20-5, relating to meetings, reimbursement of members, and notice of meetings relating to the State Board of Hearing Aid Dealers and Dispensers, as follows: "(b) The division director shall notify each member of the board by certified mail or statutory overnight delivery not less than ten days in advance of the time and place of any meeting of the board." SECTION 24. Said title is further amended by revising Code Section 43-20-6, relating to general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director, as follows: "43-20-6. (a) The board shall have the responsibility and duty of administering and enforcing this chapter. The board shall be responsible for preparing the examinations required by this WEDNESDAY, APRIL 1, 2009 3843 chapter; and the division director shall assist the board in carrying out this chapter. The board shall have the power to establish and to revise minimal procedure and equipment requirements which shall be used in the dispensing of hearing aids. (b) The board shall: (1) Authorize, with the advice of the division director, all disbursements necessary to carry out this chapter and the rules and regulations promulgated by the board; (2)(1) Supervise the issuance of licenses and administer qualifying examinations; (3)(2) License persons who make proper application to the division director and who meet the qualifications for licensure; (4) Purchase and maintain or rent facilities necessary to carry out the examination of applicants as provided in this chapter; (5)(3) Issue and renew licenses; (6)(4) Suspend, revoke, or otherwise sanction licenses in the manner provided in this chapter; (7)(5) Appoint representatives to conduct or supervise examinations; and (8)(6) Provide to each licensed dealer Make available to the public a copy of this chapter, any amendments thereto, and all adopted rules. (c) The division director shall be guided by the recommendations of the board in all matters relating to this chapter and shall assist the board in carrying out this chapter. (d) In the administration and enforcement of this chapter, the board shall have the power to adopt reasonable rules and regulations not inconsistent with this chapter and the Constitution and laws of this state or of the United States for governing its times and places of meetings; for organization and reorganization; for the holding of examinations; for governing all other matters requisite to the exercising of its powers; for the performance of its duties relating to examinations; for granting, suspending, revoking, or otherwise sanctioning licenses; and for the transaction of its business under this chapter. (e) The board may provide, by regulation, for the general scope of the examination described in Code Section 43-20-9. The board may approve the examination and obtain advice and assistance in providing for and grading such examination; and the division director may contract with third parties to perform administrative services related to the examination as he or she deems appropriate." SECTION 25. Said title is further amended by revising subsection (b) of Code Section 43-20-8, relating to issuance of licenses and fees relative to hearing aid dealers and dispensers, as follows: "(b) The board may issue a dispenser's license to an applicant only when the applicant has satisfactorily completed an a board approved examination administered under the direction of the board and when proof of age has been verified. The license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer." SECTION 26. Said title is further amended by revising Code Section 43-20-9, relating to qualifications, 3844 JOURNAL OF THE SENATE examinations, and apprentice dispensers relative to hearing aid dealers and dispensers, as follows: "43-20-9. (a) An applicant may obtain a license by successfully passing a qualifying board approved examination administered by the board, provided that the applicant: (1) Is at least 18 years of age; and (2) Is of good moral character. (b) The division director shall schedule at least four examinations each year, one of which will be in each calendar quarter. (c) The division director shall schedule every Every apprentice dispenser who has held the permit over 30 days shall be scheduled to stand for the written examination at every scheduled examination until all sections have been passed, the permit has been revoked by the board, or the permit has expired. The board shall have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to stand for the examination. The board shall also have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to pass the written portion of the examination on two occasions. The board may include the fee for an initial examination as a condition for approval of an applicant for an apprentice dispenser's permit. (d) Each applicant desiring to become licensed as a dispenser, other than holders of apprentice dispensers' permits, shall make application for examination to the division director, accompanied by the examination fee as provided by the board in its rules and regulations. (e) The qualifying examination shall be compiled by or at the direction of the board. (f)(c) The board shall establish uniform criteria for passing and failing candidates." SECTION 27. Said title is further amended by revising Code Section 43-20-12, relating to notice to division director of place of practice and identification of dispensers, apprentice dispensers, and trainees, and notice to holders of licenses and permits, as follows: "43-20-12. (a) A person holding a dealer's license shall notify the division director in writing of the regular addresses of places of business operated by the dealer for dispensing hearing aids. Furthermore, the dealer is required to notify the division director in writing as to the names and license or permit numbers of all dispensers, apprentice dispensers, and trainees employed or otherwise practicing at each of his or her places of business. The dealer is required to notify the division director in writing of any changes of the foregoing within seven calendar days of such change. Any failure shall be considered a violation of this chapter by the dealer. (b) Any notice required to be given by the division director or by the board to any person who holds a license or permit issued by the board shall be mailed to such licensee or permit holder by certified mail or statutory overnight delivery to the address WEDNESDAY, APRIL 1, 2009 3845 of the place of practice last recorded with the division director; and such mailing shall constitute sufficient notice to such licensee." SECTION 28. Said title is further amended by revising subsection (a) of Code Section 43-23-8, relating to examination fee, issuance of licenses, biennial renewal of licenses, renewal fee, and effect of nonpayment of check submitted as license fee relative to landscape architects, as follows: "(a) Every applicant for licensure as a landscape architect shall submit with his or her application for such licensure a fee in an amount established by the board, which shall be sufficient to cover the costs of examination. If the applicant successfully passes the examination and is otherwise qualified for licensure as a landscape architect, the board shall thereafter, upon payment of a license fee to be determined by the board, issue a license to the applicant, which shall be valid for up to two years and shall be renewable biennially. All licenses shall expire on the renewal date established by the division director. The biennial license renewal fees shall be an amount established by the board." SECTION 29. Said title is further amended by revising Code Section 43-28-9, relating to qualifications of license applicants and waiver relative to occupational therapists, as follows: "43-28-9. (a) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written an application, on forms provided by the board, showing to the satisfaction of the board that such applicant meets the following requirements: (1) Is of good moral character; (2) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist or occupational therapy assistant, such a program shall be accredited by a recognized accrediting agency acceptable to the board. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content; (3) Has successfully completed a period of supervised field work experience at a recognized educational institution or a training program accredited as provided in paragraph (2) of this Code section subsection. For an occupational therapist, a minimum of six months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two months of supervised field work experience is required; and (4) Has passed an examination as provided for in Code Section 43-28-10. (b) An applicant not meeting the requirements of subsection (a) of this Code section 3846 JOURNAL OF THE SENATE must indicate to the board that he or she has obtained a waiver of such requirements pursuant to Code Section 43-28-11." SECTION 30. Said title is further amended by revising subsection (e) of Code Section 43-29-7, relating to license requirements, qualifications of applicants, subjects to be listed on examination, and issuance and display of license relative to dispensing opticians, as follows: "(e) Applicants for examination may be examined by the board upon matters pertaining to mathematics and physics, ophthalmic materials and laboratory technique, ophthalmic optics, ophthalmic dispensing, and practical subjects. When any applicant passes the necessary examination and meets the qualifications set out, the board shall issue a license to such person to practice the trade or occupation of dispensing optician." SECTION 31. Said title is further amended by revising Code Section 43-29-8, relating to examination, examination fee, and the effect of failure of two examinations relative to dispensing opticians, as follows: "43-29-8. (a) Examination of applicants An applicant applying for a license to practice the trade or occupation of dispensing optician shall be required to pass a board approved examination made by the board according to the methods and covering subject matter deemed by the board to be the most practical and expeditious to test the applicant's specific job performance requirements. Such examinations shall be written. (b) There shall be paid to the division director by each applicant for a license an examination fee in an amount determined by the board, which fee shall accompany the application for examination. (c) Failure to pass a satisfactory examination shall not prevent any applicant from participating in subsequent examinations before the board upon complying with this chapter, but any applicant who has failed two examinations shall not be permitted to take any further examination for licensure under this chapter until such applicant has furnished sufficient proof of having taken such additional education and training as shall be required by the board." SECTION 32. Said title is further amended by revising Code Section 43-29-11, relating to continuing education requirement, waiver, and effect of failure to complete required course hours relative to dispensing opticians, as follows: "43-29.11. (a) Each person who holds a license as a dispensing optician shall be required to complete ten hours of continuing education prior to each renewal of such license. (b) With his or her application for license renewal, each licensed dispensing optician must shall submit a certificate or certificates of attendance for an affidavit of course hours completed as proof that his or her education requirements have been satisfied. WEDNESDAY, APRIL 1, 2009 3847 The board shall give credit for any course given by any recognized national, regional, or state dispensing society or association if such course increases the education of a dispensing optician and is made available to all licensed opticians on a reasonably nondiscriminatory fee basis. The board may also approve, in accordance with the objectives of this chapter, other courses held within or outside of this state which are available to all persons on a reasonably nondiscriminatory fee basis. Any group of ten or more licensed opticians may arrange for an educational course and request board approval thereof. Any such request shall be made at least 90 days prior to the proposed date of the course and shall include full details as to the contents of the course, the instructors, and the charge to be made for attendance, as well as any other information which the board may require. The board shall endeavor to act upon any request for approval at least 45 days prior to the proposed date therefor and shall thereupon notify all licensed opticians of the time, place, contents, and charges for any such approved course. The certificate of attendance required under this chapter Code section shall be issued to the optician upon completion of the approved course. Credit will shall be allowed on the basis of an hour for an hour. To receive one hour of credit, one must attend one full hour. No fractional hour credits will shall be allowed. (c) The board may waive the requirements of this Code section for any license period for any dispensing optician upon proof of such optician's hardship or disability, provided that such optician's license may be revoked upon failure of the licensee to complete the required number of hours, not to exceed 20 hours, of continuing education within 12 months immediately following renewal. (d) A dispensing optician failing to complete the course hours required under this Code section shall have his or her license restored upon proof of subsequent completion of required course hours and, except in the case of a waiver granted under subsection (c) of this Code section, upon payment of a penalty fee in an amount established by the board." SECTION 33. Said title is further amended by revising Code Section 43-33-9, relating to division director as secretary of board, subpoena power, service of process and documents, and official records as prim-facie evidence relative to physical therapists, as follows: "43-33-9. The division director shall be secretary of the board and shall perform such other administrative duties as may be prescribed by the board. In a contested case, the division director on behalf of the board shall have the power to subpoena, throughout the state, witnesses, designated documents, papers, books, accounts, letters, photographs, objects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office in Atlanta. All official records of the board or affidavits by the division director certifying the content of such records shall be prima-facie evidence of all matters required to be kept therein." 3848 JOURNAL OF THE SENATE SECTION 34. Said title is further amended by revising 43-35-12, relating to eligibility for license relative to podiatry practice, as follows: "43-35-12. A license to practice podiatric medicine shall be issued to any person who: (1) Is a graduate of an accredited college of podiatric medicine approved by the board; (2) Holds a doctoral degree or its equivalent; (3) Satisfactorily passes an examination prepared or approved a board approved examination, if an examination is required by the board; (4) Successfully completes postdoctoral training of no less than 12 months as a resident in podiatric medicine and surgery in a program or institution approved by, and in good standing with, the board; (5) Has attained the age of 21 years; (6) Is not disqualified to receive a license under the provisions of Code Section 4335-16; and (7) Pays the required fee to the board." SECTION 35. Said title is further amended by revising Code Section 43-35-14, relating to examination of applicants relative to podiatry practice, as follows: "43-35-14. The board shall examine applicants may require applicants to be examined upon the subjects required for the practice of podiatric medicine at least twice each year and shall use any method or procedure which the board deems necessary to test the applicant's qualifications to practice podiatric medicine. Any standardized examination which the board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the board shall administer may require." SECTION 36. Said title is further amended by revising subsections (a), (c), and (f) of Code Section 4338-6, relating to licenses, qualifications, criminal records, fingerprints, bond, insurance, or net worth affidavit, display of license, suspension, temporary permits, and license recognition agreements relative to private detectives and security agencies, as follows: "43-38-6. (a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the WEDNESDAY, APRIL 1, 2009 3849 qualifications set out in this Code section." "(c) The application for a license shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the applicant's full name, age, date and place of birth; residences and employment within the past five years, with the names and addresses of employers; present occupation; date and place of conviction or arrest for any crime, including the plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional information as the board may require to investigate the qualifications, character, competency, and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, full face, taken within six months prior to the application; provided, however, that the board may waive the submission of fingerprints and photograph for any employee who has been employed by a person licensed under this chapter within the previous 12 months. The application shall contain such additional documentation as the board may prescribe by rule. The board shall have the discretion to deny a license to an applicant who fails to provide the information and supporting documentation required by this subsection." "(f) Notwithstanding any other provisions of this Code section, an applicant for a license shall agree in writing on the application that if such applicant makes a false statement in the application or if such applicant has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any license granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension." SECTION 37. Said title is further amended by revising subsections (d) and (g) of Code Section 43-38-7, relating to registration of armed employees, qualifications, continuing education, fingerprints, registration card, and suspension relative to private detectives and security agencies, as follows: "(d) The application for registration shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the employee's full name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other information as the board may require. The application for registration shall be accompanied by two sets of fingerprints of the employee and one photograph of the employee, two inches wide by three inches high, full face, taken within six months prior to the application. The board shall have discretion to deny registration to any individual when the information and supporting documentation required by this subsection are not provided." "(g) Notwithstanding any other provisions of this Code section, any person who is to 3850 JOURNAL OF THE SENATE be registered under this Code section shall agree in writing on the application that if such person to be registered makes a false statement in the application or if such person has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension." SECTION 38. Said title is further amended by revising Code Section 43-39-9, relating to examination of applicants and appeals relative to psychologists, as follows: "43-39-9. Examination of applicants for a license to practice psychology shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the applicant's qualifications. The board shall require the examination to be written or oral, or both, provided that in any written examination such applicant shall be designated by a number instead of the applicant's name so that the applicant's identity shall not be disclosed to the members of the board until the examination papers have been graded. Any unsuccessful candidate may, within 14 days of notice of failure and upon written request to the board, appeal to the board for review. Applicants shall take a board approved examination to test the applicant's qualifications. The examination shall be written or oral or both." SECTION 39. Said title is further amended by revising Code Section 43-41-8, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, to add a new subsection to read as follows: "(c) Any business organization that had an applicant submit a complete and satisfactory application pursuant to this Code section, but was not issued a license due to the death of the qualifying agent applicant prior to the issuance of the license, shall remain eligible for consideration under this Code section with the submission of a new qualifying agent applicant for such business entity." SECTION 40. Said title is further amended by revising subsections (d) and (l) of Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewal, training or test, supplemental licenses, bonds, insurance, suspension for conviction or false statement, and meetings relative to used motor vehicle and parts dealers, as follows: "(d) Each division may require either that within the preceding year the applicant has attended a training and information seminar approved by the division or that the applicant has passed a test approved by the division and administered by the division director. Such seminar or test, if required, shall include, but shall not be limited to, WEDNESDAY, APRIL 1, 2009 3851 dealer requirements of this chapter, including books and records to be kept; requirements of the Department of Revenue; and such other information as in the opinion of the division will promote good business practices. No seminar shall exceed one day in length." "(l) Each division may authorize the division director to issue a license when he or she has received the bond required by subsections (g) and (h) of this Code section, the proof of insurance required by subsection (k) of this Code section, and a fingerprint card for submission to the Georgia Crime Information Center and to the Federal Bureau of Investigation. Each completed application for a permanent license shall be reviewed by the appropriate division, which may deny licensure for any good reason under this chapter. Any other provision of law to the contrary notwithstanding, each applicant for a license pursuant to the provisions of this Code section shall agree in writing in the application that if the applicant makes a false statement on the application or if the criminal record check returned from the Georgia Crime Information Center or from the Federal Bureau of Investigation reveals a conviction of or an entry of a plea of nolo contendere to a crime involving the use of violence, a used motor vehicle, or illegal drugs; tax evasion or failure to pay taxes; any crime involving the illegal use or possession of a dangerous weapon; or any crime involving moral turpitude, then the division shall be authorized to suspend the license without a prior hearing. The divisions shall each meet as needed, in their discretion. The board shall meet at least once each quarter and upon the call of the board chairperson for any special sessions." SECTION 41. Said title is further amended by revising subsection (a) of Code Section 43-50-31, relating to application for license, qualifications, determination as to admission or nonadmission to examination, and waiver relative to veterinarians and veterinary technicians, as follows: "(a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall include evidence, satisfactory to the board, that: (1) The applicant has attained the age of 18; (2) The applicant is of good moral character; (3) The applicant is a graduate of an accredited college or school of veterinary medicine or possesses an ECFVG certificate or its substantial equivalent; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his or her senior year if he or she meets the other qualifications but shall not be issued a license unless and until he or she graduates; and (4) The applicant meets such other qualifications or provides such other information as the board may require by rule." SECTION 42. Said title is further amended by revising subsection (b) of Code Section 43-50-40, 3852 JOURNAL OF THE SENATE 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 the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the applicable fees. After 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 43. Said title is further amended by revising Code Section 43-51-7, relating to examinations relative to treatment plant operators, as follows: "43-51-7. The board shall prepare examinations to Board approved examinations shall be used in determining the knowledge, ability, and judgment of applicants for certification as operators or laboratory analysts except for applications submitted prior to July 1, 2000, for Class IV level certifications. Such examinations shall be given at least six times annually." SECTION 44. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 45. All laws and parts of laws in conflict with this Act are repealed. Senator Chance of the 16th asked unanimous consent that the Senate disagree to the House substitute to SB 195. The consent was granted, and the Senate disagreed to the House substitute to SB 195 . 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 26. By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to WEDNESDAY, APRIL 1, 2009 3853 limit the disclosure of certain private information of firefighters; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to clarify disclosure of federal records; to limit the disclosure of certain private information of firefighters and emergency medical technicians; to limit the disclosure of individual account numbers and passwords used to access accounts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, is amended by revising paragraph (1) of subsection (a), subparagraph (a)(11.3)(A), and paragraph (13) of subsection (a) as follows: "(1) Specifically required by the federal government statute or regulation to be kept confidential;" "(11.3)(A) An individual's social security number, mother's birth name, credit card information, debit card information, bank account information, account number, including a utility account number, password used to access his or her account, financial data or information, and insurance or medical information in all records, and if technically feasible at reasonable cost, day and month of birth, which shall be redacted prior to disclosure of any record requested pursuant to this article; provided, however, that such information shall not be redacted from such records if the person or entity requesting such records requests such information in a writing signed under oath by such person or a person legally authorized to represent such entity which states that such person or entity is gathering information as a representative of a news media organization for use in connection with news gathering and reporting; and provided, further, that such access shall be limited to social security numbers and day and month of birth; and provided, further, that this news media organization exception for access to social security numbers and day and month of birth and the other protected information set forth in this subparagraph shall not apply to teachers, employees of a public school, or public employees as set forth in paragraph (13.1) of this subsection. For purposes of this subparagraph, the term 'public employee' means any nonelected employee of the State of Georgia or its agencies, departments, or commissions or any county or municipality or its 3854 JOURNAL OF THE SENATE agencies, departments, or commissions." "(13) Records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue, law enforcement officers, firefighters as defined in Code Section 25-4-2, judges, emergency medical technicians and paramedics, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors or identification of immediate family members or dependents thereof;" 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 26 as amended by the following amendment: Amend SB 26 (LC 29 3857S) by inserting after "accounts;" on line 5 "to provide that public disclosure shall not be required for certain personal contact information of individuals obtained by a local government; to provide for disclosure of certain information;". By inserting the following after line 40: SECTION 1.1. Said Code section is amended by revising paragraph (11.2) of subsection (a) as follows: "(11.2) Records that would reveal the names, home addresses, telephone numbers, security codes, e-mail addresses, or any other data or information developed, collected, or received by counties or municipalities in connection with neighborhood watch or public safety notification programs or with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; provided, however, that initial police reports and initial incident reports shall remain subject to disclosure pursuant to paragraph (4) of this subsection;". SECTION 1.2. Said Code section is further amended by revising subparagraph (a)(11.3)(B) by striking "or" at the end of division (viii), by striking the period and inserting "; or" at the end of division (ix), and by adding a new division to read as follows: "(x) The disclosure of the date of birth within criminal records." On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Hawkins Y Heath Y Henson Y Rogers Y Seabaugh Y Seay WEDNESDAY, APRIL 1, 2009 3855 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E 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 26 as amended by the Senate. The Calendar was resumed. HB 304. By Representatives Porter of the 143rd, Epps of the 140th, Franklin of the 43rd and Scott of the 2nd: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The Senate Finance Committee offered the following substitute to HB 304: A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; to provide for an effective date; to repeal conflicting laws; and for other purposes. 3856 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, is amended by revising Code Section 48-5-264.1, relating to the right of appraisers and assessors to go upon property, as follows: "48-5-264.1. The chief appraiser, other members of the county property appraisal staff, authorized agents of the county board of tax assessors, and members of the county board of tax assessors who are conducting official business of the chief appraiser, the county appraisal staff, or the county board of tax assessors may go upon property outside of buildings, posted or otherwise, in order to carry out the duty of making appraisals of the fair market value of taxable property in the county, other than property returned directly to the commissioner; provided, however, the such person representing the such chief appraiser, appraisal staff, or county board of tax assessors shall carry identification which is sufficiently prominent to permit the occupant to readily ascertain he that such person is such representative. and if practicable shall first advise Such representative shall not enter upon the property unless reasonable notice has been provided to the owner and to the occupant of his the property regarding the purpose for which such person is entering upon such property." 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 Harbison of the 15th offered the following amendment #1 to the committee substitute: Amend the Senate Finance Committee substitute to HB 304 (LC 18 8395S) on line 1 by inserting after "To" the following: amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the state-wide homestead exemption for disabled veterans, so as to extend the exemption; to and by renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and by inserting between lines 6 and 7 the following: Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the statewide homestead exemption for disabled veterans, is amended by adding the following: "(b.1) The unremarried surviving spouse or minor children of any disabled veteran shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount on a homestead, or any subsequent homestead within the same county, where such spouse or minor children continue to occupy the home as a homestead, such exemption being from ad valorem taxation for state, county, municipal, and school purposes." WEDNESDAY, APRIL 1, 2009 3857 SECTION 2. On the adoption of the amendment, there were no objections, and the Harbison amendment #1 to the committee substitute was adopted. Senators Rogers of the 21st, Seabaugh of the 28th, Orrock of the 36th and Wiles of the 37th offered the following amendment #2 to the committee substitute: Amend the Senate Finance Committee substitute to HB 304 (LC 18 8395S) by inserting "to provide for additional duties of the county tax commissioners;" between "duties;" and "to" on line 3. By inserting "(a)" at the beginning of line 11; by striking the quotation marks at the end of line 23; and by adding immediately following line 23 the following: (b) The county tax commissioner shall include a statement with the ad valorem tax bill of each taxpayer notifying the taxpayer of the right to file an ad valorem property tax return. A notification of the right of taxpayers to file ad valorem property tax returns shall also be maintained by the tax commissioner on the official website of the county." On the adoption of the amendment, there were no objections, and the Rogers 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Cowsert Y Crosby Y Douglas Y Fort Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas Y Thompson,C Y Thompson,S 3858 JOURNAL OF THE SENATE Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 304, having received the requisite constitutional majority, was passed by substitute. HB 310. By Representatives Gardner of the 57th, Burkhalter of the 50th, Smith of the 70th, Benfield of the 85th, Dobbs of the 53rd and others: A BILL to be entitled an Act to amend Code Section 12-8-36 of the Official Code of Georgia Annotated, relating to state agency recycling and collection programs, so as to expand the state-wide recycling program for state agencies; to provide for legislative intent; 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber WEDNESDAY, APRIL 1, 2009 3859 Y Hamrick Harbison Y Harp Y Powell Y Ramsey Y Reed Y Wiles Williams On the passage of the bill, the yeas were 52, nays 0. HB 310, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Tolleson of the 20th Williams of the 19th HB 318. By Representatives McCall of the 30th and Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The Senate Finance Committee offered the following substitute to HB 318: 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 provisions regarding the return of certain motor vehicles; to provide for definitions; to change certain provisions relating to ad valorem taxation of heavy-duty equipment motor vehicles; to change certain provisions relating to definitions; to change certain provisions regarding applicability; to provide that no ad valorem tax shall be assessed, levied, or collected on any heavy-duty equipment motor vehicle except during the taxable year in which it is purchased; to provide for related matters; to provide for effective dates and for applicability; to provide for reenactment of certain prior provisions of law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-444, relating to the place of return 3860 JOURNAL OF THE SENATE for tax purposes of motor vehicles and mobile homes, by revising subsection (a) as follows: "(a)(1) For purposes of this subsection, the term 'functionally located' means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may be consecutive. (2)(A) Except as otherwise provided in paragraph (3) of this subsection, each Each motor vehicle owned by a resident of this state shall be returned: (i) In in the county where the owner claims a homestead exemption; or, (ii) If if no such exemption is claimed, then in the county of the owner's domicile; or, (iii) If if the motor vehicle is primarily used in connection with some established business enterprise located in a different county, in the county where the business is located. (B) A motor vehicle owned by a resident of this state may be registered in the county where the vehicle is functionally located if the vehicle is a passenger car as defined in paragraph (41) of Code Section 40-1-1. Such vehicle shall first be returned for taxation as provided in subparagraph (A) of this paragraph. This subparagraph shall not apply with respect to any vehicle which is used by a student enrolled in a college or university in this state in a county other than the student's domicile. (C) Each motor vehicle owned by a nonresident shall be returned in the county where the motor vehicle is situated. (3)(A) As used in this paragraph, the term: (i) 'Family owned qualified farm products producer' shall have the same meaning as provided in paragraph (2) of Code Section 48-5-41.1. (ii) 'Passenger car' shall have the same meaning as provided for in paragraph (41) of Code Section 40-1-1. (iii) 'Truck' shall have the same meaning as provided for in paragraph (70) of Code Section 40-1-1. (B) If a passenger car or truck is primarily used in connection with some established farm operated by a family owned qualified farm products producer located in a county other than the county where the owner claims a homestead exemption or the county of the owner's domicile, such passenger car or truck shall be returned in the county where the farm operated by a family owned qualified farm products producer is located. (3)(4) Any person who shall knowingly make any false statement in any application for the registration of any vehicle, in transferring any certificate of registration, or in applying for a new certificate of registration shall be guilty of false swearing, whether or not an oath is actually administered to such person, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71." WEDNESDAY, APRIL 1, 2009 3861 PART II SECTION 2-1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-505, relating to definitions regarding heavy-duty equipment motor vehicles, by adding a new paragraph to read as follows: "(3) 'Person or entity' means a natural person or entity who has purchased a heavyduty equipment motor vehicle." SECTION 2-2. Said chapter is further amended by revising Code Section 48-5-506, relating to applicability of provisions relating to ad valorem taxation of heavy-duty equipment motor vehicles, as follows: "48-5-506. (a) The provisions of this article shall apply only to heavy-duty equipment motor vehicles, and dealers, and persons or entities as defined in Code Section 48-5-505. (b) The provisions of Part 2 of Article 10 of this chapter shall apply to all other heavyduty equipment motor vehicles, and dealers, and persons or entities not provided for in subsection (a) of this Code section." SECTION 2-3. Said chapter is further amended by revising subsection (a) of Code Section 48-5-507, relating to change of method of evaluating heavy-duty equipment motor vehicles for ad valorem taxes, as follows: "(a) Except as provided in subsections (b) and (c) of this Code section, every heavyduty equipment motor vehicle owned in this state by a natural person or other entity is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person or entity on the first day of January of any taxable year on a one-time basis during the taxable year in which the heavy-duty equipment motor vehicle is purchased. No ad valorem tax shall be assessed, levied, or collected on any heavy-duty equipment motor vehicle except during the taxable year in which it is purchased. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Article 1 of this chapter." PART III SECTION 3-1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-505, relating to definitions regarding heavy-duty equipment motor vehicles, by repealing paragraph (3) which reads 3862 JOURNAL OF THE SENATE as follows: "(3) 'Person or entity' means a natural person or entity who has purchased a heavyduty equipment motor vehicle." SECTION 3-2. Said chapter is further amended by revising Code Section 48-5-506, relating to applicability of provisions relating to ad valorem taxation of heavy-duty equipment motor vehicles, as follows: "48-5-506. (a) The provisions of this article shall apply only to heavy-duty equipment motor vehicles, and dealers, and persons or entities as defined in Code Section 48-5-505. (b) The provisions of Part 2 of Article 10 of this chapter shall apply to all other heavyduty equipment motor vehicles, and dealers, and persons or entities not provided for in subsection (a) of this Code section." SECTION 3-3. Said chapter is further amended by revising subsection (a) of Code Section 48-5-507, relating to change of method of evaluating heavy-duty equipment motor vehicles for ad valorem taxes, as follows: "(a) Except as provided in subsections (b) and (c) of this Code section, every heavyduty equipment motor vehicle owned in this state by a natural person or other entity is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property on a one-time basis during the taxable year in which the heavy-duty equipment motor vehicle is purchased. No ad valorem tax shall be assessed, levied, or collected on any heavy-duty equipment motor vehicle except during the taxable year in which it is purchased only if owned by such natural person or entity on the first day of January of any taxable year. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Article 1 of this chapter." PART IV SECTION 4-1. (a) Part I of this Act and this part shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Part II of this Act shall become effective January 1, 2010, and shall be applicable to the 2010 and 2011 taxable years only. (c) Part III of this Act shall become effective January 1, 2012, and shall be applicable to all taxable years beginning on or after that date. SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, APRIL 1, 2009 3863 Senators Pearson of the 51st and Chance of the 16th offered the following amendment #1 to the committee substitute: Amend the Senate Finance Committee substitute to HB 318 by inserting after "purchased;" on line 7 the following: to provide for limitations; By striking lines 57 through 59 and inserting in their place the following: heavy-duty equipment motor vehicles, by revising paragraph (2) and by adding a new paragraph to read as follows: "(2) 'Heavy-duty equipment motor vehicle' means a motor vehicle an off-road vehicle with all its attachments and parts which is self-propelled, weighs 5,000 pounds or more, and is primarily designed and used exclusively for utility services and maintenance, earth moving construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate. (3) 'Person or entity' means a natural person or entity other than a publicly traded company that has purchased a heavy-duty equipment motor vehicle." By striking lines 74 through 83 and inserting in their place the following: "(a)(1) Except as otherwise provided in paragraph (2) of this subsection and except Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity provided for under subsection (a) of Code Section 48-5-506 is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person or entity on the first day of January of any taxable year on a one-time basis during the taxable year in which the heavy-duty equipment motor vehicle is purchased. No ad valorem tax shall be assessed, levied, or collected on any heavy-duty equipment motor vehicle except during the taxable year in which it is purchased. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Article 1 of this chapter. (2) No person or combination of persons with common ownership interests and no entity or combination of entities with common ownership interests shall be authorized to claim or be allowed an exemption from ad valorem taxes under this subsection which exceeds $100,000.00." By striking lines 88 through 90 and inserting in their place the following: heavy-duty equipment motor vehicles by revising paragraph (2) and repealing paragraph (3) as follows: "(2) 'Heavy-duty equipment motor vehicle' means an off-road vehicle as defined in Code Section 40-7-3 a motor vehicle with all its attachments and parts which is self- 3864 JOURNAL OF THE SENATE propelled, weighs 5,000 pounds or more, and is primarily designed and used exclusively for utility services and maintenance, construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate. (3) 'Person or entity' mean a natural person or entity other than a publicly traded company who has purchased a heavy-duty equipment motor vehicle." By striking lines 105 through 114 and inserting in their place the following: "(a)(1) Except as otherwise provided in paragraph (2) of this subsection and except Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity provided for under subsection (a) of Code Section 48-5-506 is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property on a one-time basis during the taxable year in which the heavy-duty equipment motor vehicle is purchased. No ad valorem tax shall be assessed, levied, or collected on any heavy-duty equipment motor vehicle except during the taxable year in which it is purchased only if owned by such natural person or entity on the first day of January of any taxable year. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Article 1 of this chapter. (2) No person or combination of persons with common ownership interests and no entity or combination of entities with common ownership interests shall be authorized to claim or be allowed an exemption from ad valorem taxes under this subsection which exceeds $100,000.00." Senator Pearson of the 51st offered the following amendment #1a to amendment #1 to the committee substitute: Amend amendment # 1 (AM 18 1537) to the committee substitute to HB 318 by deleting on lines 7- 8, the phrase "as defined in Code Section 40-7-3) and by adding on line 10 after the word "maintenance," the following: "earth moving," On the adoption of the amendment, there were no objections, and the Pearson amendment #1a to amendment #1 to the committee substitute was adopted. On the adoption of amendment #1, there were no objections, and the Pearson, Chance 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. WEDNESDAY, APRIL 1, 2009 3865 The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman N Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Chapman N Cowsert N Crosby Y Douglas N Fort Y Goggans N Golden N Grant Y Hamrick N Harbison N Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L N Jackson,W Y Johnson Y Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S E Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 29, nays 21. HB 318, having received the requisite constitutional majority, was passed by substitute. HB 344. By Representatives Davis of the 109th, Barnard of the 166th, Jerguson of the 22nd and Horne of the 71st: A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize the Department of Corrections to establish and collect additional fees for services rendered to a felony defendant sentenced to a day reporting center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. 3866 JOURNAL OF THE SENATE The Senate State Institutions and Property Committee offered the following substitute to HB 344: A BILL TO BE ENTITLED AN ACT To amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize a sentencing court to impose an additional charge on a felony defendant sentenced to a day reporting center; 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 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, is amended by revising subsection (d) to read as follows: "(d)(1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. Any fees collected by the court under this paragraph shall be remitted not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury. (2) In addition to any other provision of law, any person convicted of a violation of WEDNESDAY, APRIL 1, 2009 3867 Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, recorder's, mayor's, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury. (3) In addition to any fine, fee, restitution, or other amount ordered, the sentencing court may also impose as a condition of probation for felony criminal defendants sentenced to a day reporting center an additional charge, not to exceed $10.00 per day for each day such defendant is required to report to a day reporting center; provided, however, that no fee shall be imposed or collected if the defendant is unemployed or has been found indigent by the sentencing court. The charges required by this paragraph shall be paid by the probationer directly to the department. Funds collected by the department pursuant to this subsection shall only be used by the department in the maintenance and operation of the day reporting center program." SECTION 2. This Act shall become effective on July 1, 2009, and shall apply to persons convicted on or after such 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 Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Rogers E Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate 3868 JOURNAL OF THE SENATE Y Crosby Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Thomas 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 49, nays 2. HB 344, having received the requisite constitutional majority, was passed by substitute. HB 349. By Representatives Burkhalter of the 50th, Smyre of the 132nd, Brooks of the 63rd, Harbin of the 118th, Everson of the 106th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in or for the new construction of, a civil rights museum; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Reed of the 35th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 11, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 WEDNESDAY, APRIL 1, 2009 3869 SUBJECT: Fiscal Note House Bill 349 (LC 18 7942) Dear Chairman O'Neal: This bill would provide a limited term sales and use tax exemption for tangible personal property sold to or used in new construction of a `civil rights museum' between July 1, 2009 and July 30, 2015. `Civil rights museum' is defined as a museum that is built after July 1, 2009; qualifies for tax exempt status under section 501(c)(3) of the Internal Revenue Code; has more than 70,000 square feet of space; and has associated facilities including, but not limited to, special event and retail space. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: In 2008, it was announced that the Center for Civil and Human Rights will be built in Atlanta near Centennial Olympic Park. The center will have 100,000 square feet of space and will qualify for the sales and use tax exemption outlined in the bill. Construction is set to begin December 2009 and is expected to be complete in December 2011. The total cost of constructing the center is $125 million. Assuming that the construction of the center is not delayed or finished early, it will take twenty-five months from start to finish. Using this assumption, the total monthly cost of construction is $5 million. A portion of the center's construction will be devoted to labor and other costs not eligible for the tax exemption; therefore, only 40 percent of the total monthly cost is assumed to be expended for tangible property used in construction. The tax revenue loss to the state and to Fulton County is calculated using the state sales and use tax rate of 4 percent and the county tax rate of 3 percent. The center will be located within the city limits of Atlanta and will therefore qualify for an exemption from the municipal option sales tax (MOST) calculated at a rate of 1 percent. Given the assumptions, total tax revenue loss is $1.12 million in FY 2010, $1.92 million in FY 2011, and $960,000 in FY 2012. Georgia Tax Revenue Loss FY 2010 2011 State $560,000 $960,000 Fulton County $420,000 $720,000 Atlanta (MOST) $140,000 $240,000 Total $1,120,000 $1,920,000 2012 $480,000 $360,000 $120,000 $960,000 Sincerely, /s/ Russell W. Hinton State Auditor 3870 JOURNAL OF THE SENATE /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 Brown Y Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman N Cowsert Y Crosby N 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,L Jackson,W Y Johnson Y Jones N Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 4. HB 349, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 163. By Senators Balfour of the 9th, Harbison of the 15th, Thomas of the 54th and Orrock of the 36th: A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official WEDNESDAY, APRIL 1, 2009 3871 Code of Georgia Annotated, relating to the Department of Human Resources, so as to authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the department to serve as the central repository of diabetes treatment and prevention data; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. Senator Ramsey of the 43rd asked unanimous consent that he be excused from voting on HB 371 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Ramsey was excused. HB 371. By Representative Ehrhart of the 36th: 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 for an increase in allowable retirement system fund investment in equities to 75 percent; to change the definition of the term "large retirement system" for purposes of enhanced investment authority; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Reed of the 35th. 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 The Honorable Earl Ehrhart State Representative State Capitol, Room HM-1 Atlanta, Georgia 30334 February 25, 2009 3872 JOURNAL OF THE SENATE SUBJECT: State Auditor's Certification Substitute to House Bill 371 (LC 21 0362S) Dear Representative Ehrhart: This substitute bill would amend provisions relating to the Public Retirement Systems Investment Authority Law. Specifically, this bill would revise the definition of `large retirement system.' If this legislation is enacted, the definition would be expanded to include any public retirement system that has assets in excess of $200 million. Currently, certain public retirement systems that have assets in excess of $50 million and have an accumulated unfunded actuarial liability not greater than 25 percent of total assets may be classified as `large retirement systems.' If this legislation is enacted, this provision would change. The retirement systems currently affected by this provision would be required to meet one of the following criteria before they are defined as `large retirement systems.' x The system must have an accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets; or x The assets of the system must exceed $50 million and the system must have an accumulated unfunded actuarial liability not greater than 30 percent of the total of its assets. This legislation would also revise provisions relating to investments in foreign corporations or obligations for `large retirement systems.' Currently, `large retirement systems' may not invest more than 15 percent of the retirement system assets in such investments. If this legislation is enacted, the limitation would be removed for `large retirement systems.' Furthermore, this legislation would revise the investing guidelines for retirement systems. Currently, a fund may not invest more than 55 percent of retirement system assets in equities, provided, however, a `large retirement system' may invest no more than 60 percent in equities. Under the proposed legislation, `large retirement systems' would be subject to the following investing limitations: x Prior to July 1, 2010, a fund may invest no more than 65 percent of retirement system assets in equities; x On and after July 1, 2010, a fund may invest no more than 70 percent of retirement system assets in equities; and x On and after July 1, 2011, a fund may invest no more than 75 percent of retirement system assets in equities. Any fund which is not in compliance with these limitations shall be granted a two-year period to come into compliance, but no such fund shall increase the percentage of investments in equities during such period. WEDNESDAY, APRIL 1, 2009 3873 This is to certify that this substitute bill 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 substitute to HB 371: 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 change the investment authority of large retirement systems; to provide that public retirement systems having assets in excess of $200 million shall be a large retirement system; to provide investment options; 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 20 of Title 47 of the Official Code of Georgia Annotated, relating to the "Public Retirement Systems Investment Authority Law," is amended by revising Code Section 47-20-84, relating to large retirement systems, as follows: "47-20-84. (a) As used in this Code section, the term 'large retirement system' means: (1) Any retirement system created by this title which has an accumulated unfunded actuarial accrued liability not greater than 25 percent of the total of its assets; (2) The Georgia Municipal Employees Benefit System created by Chapter 5 of this title; (3) Any association of like political subdivisions which, on, before, or after July 1, 1999, contracts with its members for the pooling of assets; and (4) Any public retirement system other than a retirement system defined in paragraphs (1), (2), and (3) of this subsection which meets the following criteria: (A) The retirement system assets are in excess of $50 million; has: (i) An accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets; or (ii) Assets in excess of $50 million and an accumulated unfunded actuarial liability not greater than 30 percent of the total of its assets; (B) The retirement system provides a defined benefit plan; (C) The retirement system investments are managed by one or more independent 3874 JOURNAL OF THE SENATE professional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research; and (D) The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used in making equity investments; and (E) Has an accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets (5) Any public retirement system which has more than $200 million in assets. (b) A large retirement system may not invest more than 15 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of subsection (a) of Code Section 47-20-83. (c) A fund shall not invest more than 55 percent of retirement system assets in equities; provided, however, that prior to July 1, 2010, a large retirement system shall invest not more than 60 65 percent of its assets in equities; on and after July 1, 2010, a large retirement system shall invest not more than 70 percent of its assets in equities; and on and after July 1, 2011, a large retirement system shall invest not more than 75 percent of its assets in equities; provided, further, that no fund shall increase its assets in equities through purchase by more than 20 percent in any fiscal year. Any fund which is not in compliance with the limitations imposed by this subsection shall be granted a two-year period to come into compliance; provided, however, that during such two-year period, the fund shall not increase the percentage of its assets invested in equities. (d) In the event the value of a fund's assets decreases so as to render such fund ineligible to invest in foreign equities as provided in subsection (b) of this Code section and to invest in excess of 55 percent of its assets in total equities as provided in subsection (c) of this Code section, such fund shall have 12 months from the date of such event to come into compliance with the investment authority provided by this article; provided, however, that during such period such fund shall not increase its holdings in foreign equities and shall not increase its total holdings in equities. (e)(d) Subject to all other limitations in this chapter, a large retirement system may invest in securities issued by a unit investment trust or an open-end company: (1) That is listed on a securities exchange; (2) The assets of which consist of securities managed so that the fund replicates a listed index or specific market sector; (3) In which continuous markets are quoted by market makers in the applicable unit investment trust or open-end company; and (4) That has the capability of creating or redeeming shares as necessary to reflect demand. (f)(e) A large retirement system may enter into contracts, agreements, and other instruments designed to manage risk exposure." WEDNESDAY, APRIL 1, 2009 3875 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. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 23, 2009 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 371 (LC 21 0437S) Dear Senator Heath: This substitute bill would amend provisions relating to the Public Retirement Systems Investment Authority Law. Specifically, this bill would revise the definition of `large retirement system.' If this legislation is enacted, the definition would be expanded to include any public retirement system that has assets in excess of $200 million. Currently, certain public retirement systems that have assets in excess of $50 million and have an accumulated unfunded actuarial liability not greater than 25 percent of total assets may be classified as `large retirement systems.' If this legislation is enacted, this provision would change. The retirement systems currently affected by this provision would be required to meet one of the following criteria before they are defined as `large retirement systems.' 3876 JOURNAL OF THE SENATE x The system must have an accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets; or x The assets of the system must exceed $50 million and the system must have an accumulated unfunded actuarial liability not greater than 30 percent of the total of its assets. This legislation would also revise provisions relating to investments in foreign corporations or obligations for `large retirement systems.' Currently, `large retirement systems' may not invest more than 15 percent of the retirement system assets in such investments. If this legislation is enacted, the limitation would be removed for `large retirement systems.' Furthermore, this substitute bill would revise the investing guidelines for retirement systems. Currently, a fund may not invest more than 55 percent of retirement system assets in equities, provided, however, a `large retirement system' may invest no more than 60 percent in equities. Under the proposed legislation, `large retirement systems' would be subject to the following investing limitations: x Prior to July 1, 2010, a fund may invest no more than 65 percent of retirement system assets in equities; x On and after July 1, 2010, a fund may invest no more than 70 percent of retirement system assets in equities; and x On and after July 1, 2011, a fund may invest no more than 75 percent of retirement system assets in equities. Under the provisions of this substitute bill, no fund would be authorized to increase its assets in equities through purchase by more than 20 percent in any fiscal year. Any fund which is not in compliance with these limitations shall be granted a two-year period to come into compliance, but no such fund shall increase the percentage of investments in equities during such period. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor Senator Hill of the 32nd offered the following amendment #1 to the committee substitute: Amend the committee substitute LC 21 0437S to HB 371 by adding Section 2 as follows and renumbering accordingly: "47-20-84 (f) In addition to the eligible investments authorized in Code Section 47-20-82 and WEDNESDAY, APRIL 1, 2009 3877 without applicability of any restrictions set forth in Code Sections 47-20-83 and 47-20-84 an eligible large retirement system, except the Teachers Retirement System, is authorized to invest in alternative investments including but not limited to privately placed investment pools, merchant banking funds, funds of funds, private placements, venture capital and equity investments, options, warrants, mezzanine debt and distressed debt and derivative instruments. Alternative investments may not in the aggregate exceed 5 percent of the retirement system assets at any time under the discretion of board of trustees." Senator Heath of the 31st requested a ruling of the Chair as to whether the amendment needed a fiscal note. The President ruled that the Hill of the 32nd amendment to the committee substitute did need a fiscal note and could not, therefore, be considered for adoption to the committee substitute to HB 371 and was therefore out of order. 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 Buckner Y Bulloch Y Butler Y Butterworth Chance N Chapman Y Cowsert Y Crosby Y Douglas N 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell E Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams 3878 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 48, nays 2. HB 371, having received the requisite constitutional majority, was passed by substitute. Senator Grant of the 25th was excused for business outside the Senate Chamber. HB 379. By Representative O`Neal of the 146th: 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 exemption regarding income taxes, so as to define certain terms; to disallow expenses paid to certain real estate investment trusts; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 5, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 379 Substitute (LC 18 8177S) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: WEDNESDAY, APRIL 1, 2009 3879 This legislation will eliminate a loophole in Georgia's income tax law involving the use of Real Estate Investment Trusts to reduce income tax. For example, a subsidiary of a business would pay rent to an affiliated Real Estate Investment Trust which owns the real estate used by the business. The subsidiary would deduct the rental expense as a cost of business. The REIT, in turn, is not subject to tax on the rental income provided it pays out its profits as a dividend. This dividend is paid to the business which receives the REIT's dividends tax free. Thus, the subsidiary is able to deduct, as an expense against state income tax, payments which never leave the business. This strategy appears to have been commonly employed in the banking and retail industries. In the banking industry, the REIT could be the holder of mortgages so that the interest income from the mortgages would become non-taxable at the state level through the shelter. On the retail side, the retail corporation could own store properties in a REIT. Each store would pay rent to the REIT. For the local taxpayer, taxable income would be reduced by the rental expense paid to the REIT and any REIT income would be sheltered from state tax. This legislation would adjust the Georgia taxable income of the taxpayer by adding back all expenses and costs directly or indirectly paid to a captive REIT. This legislation would not appear to apply to REITS that hold financial assets such as mortgages since the Georgia taxpayer does not pay on-going expenses to the REIT. It clearly applies to REITS that receive rent payments from Georgia taxpayers using property owned by the REIT. Georgia lacks specific data to determine the impact on state tax revenues from closing this loophole in Georgia. State tax authorities around the U.S. have sought to eliminate the loophole through legislation and through administrative determination that such strategies are not in compliance with existing law. Where successful, these administrative efforts have resulted in large tax payments by businesses. For example, one retailer paid North Carolina $33 million in payments, penalties and interest covering multiple tax years. New York estimates that eliminating this loophole will increase revenue by $83 million. Also, Massachusetts collected around $100 million from a group of banks to settle disputes regarding the deductions taken for payments to affiliated REITS. As a broad estimate, New York's estimate of the impact is used as a baseline. New York's estimate equals 3.1% of total tax collections from business corporations in Fiscal Year 2006 and appears to include REITs that own financial assets. Thus, this percentage may overstate the expected revenue for Georgia. Lacking any data to break down this nationally or for Georgia, the percentage is applied to Georgia's FY 2006 corporate income tax collections of $811.4 million. This yields an expected revenue increase of $25.2 million for FY 2006. The revenue from this is likely to be somewhat proportional to overall corporate income tax collection trends. Currently, with corporate profits 3880 JOURNAL OF THE SENATE shrinking, it would be expected that the revenue increase would likely be less than the estimate. Based on the corporate income tax revenue estimate for FY 2010 and applying the 3.1% factor to that estimate, the expected increase in revenue would be $15.8 million. Note that this revenue increase may be overstated due to differences in applicability of the New York law compared to this legislation. 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 N Brown Y Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden E Grant Hamrick Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 379, having received the requisite constitutional majority, was passed. WEDNESDAY, APRIL 1, 2009 3881 HB 388. By Representatives Mills of the 25th, Everson of the 106th, Keen of the 179th, Harbin of the 118th, Walker of the 107th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for legislative intent; to provide a short title; to change the definition of "child" to include a human embryo; to provide for definitions; to provide for procedures for embryo adoption; to provide for nonapplicability of certain dependent exemption for income tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. The Senate Judiciary Committee offered the following substitute to HB 388: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to enact the "Option of Adoption Act"; to provide a short title; to define certain terms; to provide that a legal embryo custodian may relinquish rights to an embryo; to provide for procedures; to provide that a child born as a result of such relinquished embryo shall be the legal child of the recipient; to provide for an expedited order of parentage; to amend the Official Code of Georgia Annotated so as to conform provisions and correct cross-references; 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 "Option of Adoption Act." SECTION 2. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by designating the existing chapter as Article 1 and adding a new article to read as follows: "ARTICLE 2 19-8-40. As used in this article, the term: (1) 'Embryo' or 'human embryo' means an individual fertilized ovum of the human species from the single-cell stage to eight-week development. 3882 JOURNAL OF THE SENATE (2) 'Embryo relinquishment' or 'legal transfer of rights to an embryo' means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo and the acceptance of such rights and responsibilities by a recipient intended parent. (3) 'Embryo transfer' means the medical procedure of physically placing an embryo into the uterus of a female. (4) 'Legal embryo custodian' means the person or persons who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person or persons. (5) 'Recipient intended parent' means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer. 19-8-41. (a) A legal embryo custodian may relinquish all rights and responsibilities for an embryo to a recipient intended parent prior to embryo transfer. A written contract shall be entered into between each legal embryo custodian and each recipient intended parent prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer. The contract shall be signed by each legal embryo custodian for such embryo and by each recipient intended parent in the presence of a notary public and a witness. Initials or other designations may be used if the parties desire anonymity. The contract may include a written waiver by the legal embryo custodian of notice and service in any legal adoption or other parentage proceeding which may follow. (b) If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required. (c) Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a) of this Code section, the legal transfer of rights to an embryo shall be considered complete, and the embryo transfer shall be authorized. (d) A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) of this Code section shall be presumed to be the legal child of the recipient intended parent; provided that each legal embryo custodian and each recipient intended parent has entered into a written contract. 19-8-42. (a) Prior to the birth of a child or following the birth of a child, a recipient intended parent may petition the superior court for an expedited order of adoption or parentage. In such cases, the written contract between each legal embryo custodian and each recipient intended parent shall be acceptable in lieu of a surrender of rights. (b) All petitions under this article shall be filed in the county in which any petitioner or any respondent resides. WEDNESDAY, APRIL 1, 2009 3883 (c) The court shall give effect to any written waiver of notice and service in the legal proceeding for adoption or parentage. (d) In the interest of justice, to promote the stability of embryo transfers, and to promote the interests of children who may be born following such embryo transfers, the court in its discretion may waive such technical requirements as the court deems just and proper. 19-8-43. Upon a filing of a petition for adoption or parentage and the court finding that such petition meets the criteria required by this article, an expedited order of adoption or parentage shall be issued and shall be a final order. Such order shall terminate any future parental rights and responsibilities of any past or present legal embryo custodian or gamete donor in a child which results from the embryo transfer and shall vest such rights and responsibilities in the recipient intended parent." SECTION 3. Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, is amended by revising subparagraph (a)(2)(C) as follows: "(C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Article 1 of Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child;" SECTION 4. Code Section 19-8-26 of the Official Code of Georgia Annotated, relating to how surrender of parental rights is executed, is amended by revising subsection (c) as follows: "(c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it. ______________ 3884 JOURNAL OF THE SENATE I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name, surname not required, of each person to whom surrender is made), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accordance with Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name, surname not required, of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. It is also my wish, intent, and purpose that if each such person is not named as petitioner in a petition for adoption as provided for above within the 60 day period, other than for excusable neglect, or, if said petition for adoption is filed within 60 days but the adoption action is dismissed with prejudice or otherwise concluded without an order declaring the child to be the adopted child of each such person, then I do hereby surrender the child as follows: (Mark one of the following as chosen) ____ I wish the child returned to me, and I expressly acknowledge that this provision applies only to the limited circumstance that the child is not adopted by the person or persons designated herein and further that this provision does not impair the validity, absolute finality, or totality of this surrender under any circumstance other than the failure of the designated person or persons to adopt the child and that no other provision of this surrender impairs the validity, absolute finality, or totality of this surrender once the revocation period has elapsed; or ____ I surrender the child to (insert name of designated licensed child-placing agency), a licensed child-placing agency, for placement for adoption; or ____ I surrender the child to the Department of Human Resources, as provided by subsection (k) of Code Section 19-8-5, for placement for adoption; and (insert name of designated licensed child-placing agency) or the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender. Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the (insert name of designated licensed child-placing agency) or the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to WEDNESDAY, APRIL 1, 2009 3885 cooperate fully with such agent in the conduct of this investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of agent of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal this ______ day of ______________, ____. __________________ Unofficial witness Sworn to and subscribed before me this ______ day of ______________, ____. ______________(SEAL) (Parent or guardian) _______________________ Notary public (SEAL) My commission expires ______________." SECTION 5. Code Section 29-2-22 of the Official Code of Georgia Annotated, relating to authority of a guardian, is amended by revising paragraph (4) of subsection (a) as follows: "(4) Execute a surrender of rights to enable the adoption of the minor pursuant to the provisions of Article 1 of Chapter 8 of Title 19 or the adoption laws of any other state; and" SECTION 6. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies, is amended by revising paragraphs (1) and (2) of subsection (q) as follows: "(1) Adopt a child or children from receiving or accepting a child or children in the individual's home in anticipation of filing a petition for adoption under Article 1 of Chapter 8 of Title 19; or (2) Have that individual's child or children placed for adoption from placing that individual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Article 1 of Chapter 8 of Title 19." 3886 JOURNAL OF THE SENATE SECTION 7. 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 N Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden E 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,L Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tarver Y Tate Y Thomas 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 9. HB 388, having received the requisite constitutional majority, was passed by substitute. Senator Wiles of the 37th was excused for business outside the Senate Chamber. HB 395. By Representatives Wilkinson of the 52nd, Burkhalter of the 50th and Martin of the 47th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning state sales and use taxes, so as to extend the sales and use tax WEDNESDAY, APRIL 1, 2009 3887 exemption for certain tangible personal property used in direct connection with the construction of certain symphony halls; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 19, 2009 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 395 (LC 28 4533) This Bill would extend the current exemption from the Georgia sales and use tax for purchases of tangible personal property used in direct connection with the construction of a new symphony hall. The exemption would apply if the aggregate cost of construction of the facility was at least $200 million and if the completed facility would be owned or operated by an organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. Under current law, this exemption will expire September 1, 2009. This bill would extend the exemption to September 1, 2015. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: The expected construction expenditures will be distributed over time, a period of construction which the bill would allow to extend to September 1, 2015. It is expected that the purchases of exempt material will be relatively small at first, rise to their peak 3888 JOURNAL OF THE SENATE over the middle part of the building period, and then drop off sharply as the facility nears completion. A common allocation in the building industry puts 5, 15, 40, 30, and 10 percent of outlays in the respective years of a five-year construction period. Sales to be exempted by the bill may be assumed to be similarly spread. It is assumed that 40% of total costs are made up of building materials. The impact on state sales tax revenues will depend upon the number of qualifying symphony halls built in the exemption period and the construction costs of such halls. It is assumed that one symphony hall will be built that meets the specified criteria, its aggregate construction costs will total $250 million and it will commence construction in FY 2010 and complete construction before the end of FY 2014. Based on the assumptions, the resulting reductions in state sales tax would be $0.2 million in FY 2010, $0.6 million in FY 2011, $1.6 million in FY 2012, $1.2 million in FY 2013, and $0.4 million in FY 2014. For local governments, it is assumed that the hall is built in Fulton County so the expected revenue loss would be based on a 4% local sales tax rate and the annual reductions would be the same as for the state government. 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 N Brown Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman N Cowsert Crosby Y Douglas Y Fort Y Goggans Y Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones N Moody Y Mullis Y Murphy Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson WEDNESDAY, APRIL 1, 2009 3889 Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Unterman Weber E Wiles Williams On the passage of the bill, the yeas were 44, nays 6. HB 395, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 207. By Senator Wiles of the 37th: 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 admit the general public to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; 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 Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to admit the general public to certain proceedings in juvenile court with certain exceptions; to define certain terms; to authorize a juvenile court to close a hearing under certain circumstances; to require a written order to close certain hearings; to provide that the judge may order the media not to publicize the identifying information of any child involved in open juvenile court proceedings; to provide that certain records may be sealed; to provide for sharing of confidential information; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile 3890 JOURNAL OF THE SENATE proceedings, is amended by revising Code Section 15-11-78, relating to exclusion of the public from hearing and exceptions, as follows: "15-11-78. (a) Except as otherwise provided by subsection (b) of this Code section, the general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard. As used in this Code section, the term 'deprivation proceeding' means a court proceeding stemming from a petition alleging that a child is a deprived child. (b) The general public shall be admitted to: (1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-63; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of deprivation; (3) Any child support hearing; (4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; or (5) At the court's discretion, any dispositional hearing involving any proceeding under this article.; or (6) Any hearing in a deprivation proceeding, except as otherwise provided in subsection (c) of this Code section. (c) The court may close the hearing in a deprivation proceeding only upon making a finding upon the record and issuing a signed order as to the reason or reasons for closing all or part of a hearing in such proceeding and stating that: (A) The proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16; or (B) It is in the best interest of the child. In making such a determination, the court shall consider such factors as: (i) The age of the child; (ii) The nature of the allegations; (iii) The effect that an open court proceeding will have on the court's ability to reunite and rehabilitate the family unit; and (iv) Whether the closure is necessary to protect the privacy of a child, of a foster parent or other caretaker of a child, or of a victim of domestic violence. (d) The court may close a hearing or exclude a person from a hearing in any proceeding on its own motion, by motion of a party to the proceeding, or by motion of a child who is the subject of the proceeding or the child's attorney or guardian ad litem. (e) Only the parties, their counsel, witnesses, persons accompanying a party for his or WEDNESDAY, APRIL 1, 2009 3891 her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings from which the public is excluded; provided, however, that when the conduct alleged in the deprivation proceeding could give rise to a criminal or delinquent prosecution, attorneys for the prosecution and the defense shall be admitted. (f) The court may refuse to admit a person to a hearing in any proceeding upon making a finding upon the record and issuing a signed order that the person's presence at the hearing would: (1) Be detrimental to the best interest of a child who is a party to the proceeding; (2) Impair the fact-finding process; or (3) Be otherwise contrary to the interest of justice. (g) The court may temporarily exclude any child from a termination of parental rights hearing except while allegations of his or her delinquency or unruly conduct are being heard. (h) Any request for installation and use of electronic recording, transmission, videotaping, or motion picture or still photography of any judicial proceeding shall be made to the court at least two days in advance of the hearing. The request shall be evaluated by the court pursuant to the standards set forth in Code Section 15-1-10.1. (i) The judge may order the media not to release identifying information concerning any child or family members or foster parent or other caretaker of a child involved in hearings open to the public. (j) The general public shall be excluded from proceedings in juvenile court unless such hearing has been specified as one in which the general public shall be admitted to pursuant to this Code section." SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 15-11-79, relating to inspection of court files and records, as follows: "(b) Subject to the requirements of subsection (a) of Code Section 15-11-56, subsection (b) of Code Section 15-11-65, and Code Section 15-11-79.2, the general public shall be allowed to inspect court files and records for cases arising under Code Section 15-11-73 or any complaint, petition, or order from any case that was open to the public pursuant to paragraphs (1) through (5) of subsection (b) of Code Section 1511-78. The general public shall be allowed to inspect court files and records for proceedings involving a legitimation petition under the jurisdiction of the juvenile court pursuant to paragraph (1) or (2) of subsection (e) of Code Section 15-11-28." SECTION 3. Said chapter is further amended by revising subsection (e) of Code Section 15-11-79.2, relating to sealing of records, as follows: "(e) Except as otherwise provided by the court, no order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (a) or (b) of Code Section 15- 3892 JOURNAL OF THE SENATE 11-78. The court may seal any record containing information identifying a victim of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16." SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 15-11-82, relating to inspection of court files and records, as follows: "(b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-30.2, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (a) or (b) of Code Section 15-11-78, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public." SECTION 5. Said chapter is further amended by adding a new Code section to read as follows: "15-11-84. (a) As used in this Code section, the term 'governmental entity' shall mean the court, superior court, the Department of Juvenile Justice, the Division of Mental Health, Developmental Disabilities, and Addictive Diseases within the Department of Human Resources, the Division of Family and Children Services within the Department of Human Resources, county departments of family and children services, law enforcement unit, as such term is defined in Code Section 35-8-2, or public school, as such term is defined in Code Section 16-11-35. (b) Governmental entities, state, county, consolidate governments, or municipal government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15, 15-11-9.1, subsection (d) of Code Section 15-11-10, Code Section 15-11-66.1, 15-11-75, 15-11-81, 15-11-82, 15-11-174, 20-2-751.2, 20-14-40, 24-9-40.1, 24-9-41, 24-9-42, 26-4-5, 26-4-80, 26-517, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interest of the child. Such information shall not be utilized to assist in the prosecution of the child in juvenile court or superior court or utilized to the detriment of the child. (c) Information released pursuant to this Code section shall not change or rescind the confidential nature of such information and such information shall not be subject to public disclosure or inspection unless otherwise provided by law." SECTION 6. This Act shall become on effective January 1, 2010, and shall not apply to any juvenile court proceeding filed before that date. Any such proceeding filed before January 1, WEDNESDAY, APRIL 1, 2009 3893 2010, shall be governed by the statute in effect at the time the juvenile court proceeding was filed. SECTION 7. 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 207 as amended by the following amendment: Amend the House substitute to SB 207 (SB 207/HCSFA) by striking "law enforcement unit, as such term is defined in Code Section 35-8-2," from lines 114 and 115. By striking "Such information" and replacing it with "Information which is shared pursuant to this subsection" on line 126. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Chapman N Cowsert Y Crosby Y 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Tolleson N Unterman Y Weber Y Wiles Williams On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 207 as amended by the Senate. The Calendar was resumed. 3894 JOURNAL OF THE SENATE HB 406. By Representatives Coan of the 101st, McCall of the 30th, Ehrhart of the 36th, Amerson of the 9th and Smith of the 70th: A BILL to be entitled an Act to amend Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. Senator Henson of the 41st offered the following amendment #1: Amend HB 406 by inserting after the period at the end of line 24 the following: Service areas shall be limited to the boundaries of the municipalities participating in a project eligible under this subsection at the time the drinking water supply reservoir is permitted unless the update of the applicable service delivery strategy or strategies to reflect a change in service areas is with the mutual consent of the affected parties to such strategy or strategies. On the adoption of the amendment, there were no objections, and the Henson amendment #1 was adopted. Senator Reed of the 35th offered the following amendment #2: Amend HB 406 by inserting after the period at the end of line 24 the following: This paragraph shall not apply to any reservoir which utilizes water from the Chattahoochee River. On the adoption of the amendment, the President asked for unanimous consent. Senator Wiles of the 37th objected. On the adoption of the amendment, Senator Jones of the 10th called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner N Bulloch Y Butler N Butterworth N Hawkins N Heath Y Henson Hill,Jack N Hill,Judson Y Hooks N Hudgens N Rogers Y Seabaugh Y Seay N Shafer Y Sims Y Smith N Staton WEDNESDAY, APRIL 1, 2009 3895 N Chance N Chapman N Cowsert N Crosby N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison Y Harp Y Jackson,L N Jackson,W N Johnson Y Jones Y Moody N Mullis N Murphy Y Orrock N Pearson Powell Y Ramsey Y Reed Y Stoner Y Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson N Unterman N Weber N Wiles N Williams On the adoption of the amendment, the yeas were 25, nays 29, and the Reed amendment #2 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 N Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Y Grant N Hamrick N Harbison N Harp Y Hawkins Y Heath N Henson Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims N Smith Y Staton N Stoner N Tarver N Tate Y Thomas 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 28, nays 26. 3896 JOURNAL OF THE SENATE HB 406, having failed to receive the requisite constitutional majority, was lost. Senator Tolleson of the 20th gave notice that at the proper time he would move that the Senate reconsider its action on HB 406. The President entertained the motion for reconsideration immediately. On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 32, nays 23, the motion prevailed; and the Senate reconsidered its action on defeating HB 406, and the bill was placed on the General Calendar. 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 144. By Senators Shafer of the 48th, Hudgens of the 47th, Hill of the 32nd and Moody of the 56th: A BILL to be entitled an Act to amend Article 1 of Chapter 23 of Title 33 WEDNESDAY, APRIL 1, 2009 3897 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, so as to repeal the requirement that an applicant for an insurance agent's license shall be appointed an agent by an authorized insurer prior to issuance of the license; 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 201. By Senators Balfour of the 9th, Buckner of the 44th, Williams of the 19th, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for cancer research; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 246. By Senators Balfour of the 9th, Hawkins of the 49th, Unterman of the 45th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention, so as to provide notice of the release of a child from detention under certain circumstances; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 438. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; to provide for an effective date; to provide for applicability; 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: 3898 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 March 5, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Revised Fiscal Note House Bill 438 Substitute (LC 18 8127S) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center (FRC) provided the following narrative on the revenue impact of this bill: Under current law, O.C.G.A. 48-7-40.24 specifies that firms with a minimum investment of $450 million in qualified property and a minimum workforce of 1,800 are eligible to receive a per worker tax credit of $5,250 per year for 5 years. The proposed amendments to O.C.G.A. 48-7-40.24 modify the current law in the following ways: x Under the modified proposal, firms could qualify for the credit by meeting two of three conditions. The new, third condition is a "total annual payroll" requirement of $150 million in annual payroll (note that the draft amendment does not specify a time requirement for reaching the $150 million total annual payroll requirement), including base pay, bonuses and stock options, but not health insurance or other benefits. Meeting this third requirement allows the project to qualify without meeting one (but not both) of the existing requirements. x To broaden the scope of eligibility of the job tax credit to non-manufacturing enterprises by striking the word "manufacturing" and related language describing manufacturing-related support facilities from the definition of a "Qualified project". WEDNESDAY, APRIL 1, 2009 3899 For purposes of estimating modification to present law, FRC assumes a single enterprise or project as the intended beneficiary of the amendments. FRC assumes further that the project would meet the minimum job creation and minimum total annual payroll requirements, but not the investment requirement. State revenue loss from credits: Based on the assumption that the project creates 1,800 eligible jobs, the annual value of credits generated is $9,450,000, totaling $47,250,000 over the ten year period. Unused credits may be carried forward for up to ten years from the creation of the eligible new job. It is assumed that all credits would be used in the first 5 years. State revenue additions: The creation of 1,800 net new jobs in the state has an offsetting positive effect on state revenues generated from the additional income and sales taxes paid by the new jobholders. Under the same assumptions as above, 1,800 jobs and $150 million of annual payroll, the average new job created carries annual compensation of $83,333, excluding benefits. FRC estimates income and sales tax revenues per average job created assuming for simplicity that this is current compensation rather than stock options, which are taxed and available for consumption only at exercise, that this is the taxpayer's only material source of income, and that there are no adjustments to income so that this is also the taxpayer's federal and Georgia Adjusted Gross Income (AGI). Income Tax Calculation According to the IRS Statistics of Income (SOI) database, the average federal tax return with AGI from $75,000 to $100,000 in 2006 took 2.7 exemptions, including 0.9 dependent exemptions. Approximately 78% of returns in this income category were from married persons filing jointly and 17% were from single filers. The remainder was from single heads of households and married individuals filing separately. Among the married filers, 73% itemized deductions, reporting an average of $21,420 in itemized deductions. Among single filers, the comparable percentage taking, and average amount of, itemized deductions were 81% and $19,014. A single filer with $83,333 of AGI, no dependents (one exemption) and taking standard deductions would have Georgia taxable income (using 2007 exemption and standard deduction amounts) of $78,333 and owe income tax of $4,511. A married filer with the same income, three exemptions and taking the standard deduction would have taxable income of $71,933 and owe income tax of $4,057. The same single and married taxpayers taking, respectively, $19,014 and $21,420 of itemized deductions (assuming no Georgia adjustments) would owe taxes of $3,509 in the single filer case and $2,953 in the married-joint case. Assuming weights of single and married-joint filers, and itemizers versus non-itemizers, consistent with the SOI relative proportions above (excluding married-separate and single head of household filers), the average income tax revenue per worker would be 3900 JOURNAL OF THE SENATE $3,331.30. The total additional income tax revenue from 1,800 project employees would be $5,996,344 per annum for a ten year revenue gain to the state of $59,963,438. Sales Tax Calculation Using Consumer Expenditure Survey data from the U.S. Bureau of Labor Statistics, FRC determines that approximately 38% of income for individuals with income between $80,000 and $90,000 is spent on consumption items subject to the Georgia state sales tax. Therefore, FRC estimates that consumption by each new employee generates an additional $1,353 in state sales tax revenue. Given an assumption of 1,800 new jobs, this leads to an increase in state sales tax revenues of $2,435,463 per year and $24,354,634 over ten years. Net direct state revenue effect: For this hypothetical single project benefiting from the proposed amendments, the estimated direct revenue impact would be a reduction in corporate income tax revenues from tax credits of $47,250,000 in total and up to $9,450,000 in any single year; an increase in personal income tax revenues of approximately $5,996,344 annually and $59,963,438 over ten years; and an increase in state sales tax revenues of $2,435,463 per year and $24,354,634 over ten years. The net effect, then, is a revenue loss of up to $1,018,193 annually for the first five years and an annual revenue gain of $8,431,807 over the next five years. The total net effect over the ten year period is estimated to be a revenue gain of $37,068,071. Potential larger effects: It is important to note that the proposed amendment extends the same tax benefits to an unlimited number of similar projects that may not have qualified for the job tax credit under existing law. FRC does not have a basis for predicting how many additional projects may qualify in any year due to the amendments, but the same analysis would apply to each, resulting in the same net revenue losses per project as above. In addition, this analysis assumes the minimum number of new jobs for a project to qualify. If a project creates more than 1,800 new jobs, the amounts of revenue losses from credits and revenue gains from personal income and sales taxes would be proportionally higher. 2010 Tax Credit Revenue Loss Sales Tax -$9.5 $2.4 2011 -$9.5 $2.4 Net Revenue Effect State Fiscal Years ($ in Millions) 2012 2013 2014 2015 2016 2017 2018 -$9.5 -$9.5 -$9.5 $0 $0 $0 $0 $2.4 $2.4 $2.4 $2.4 $2.4 $2.4 $2.4 2019 Total 20102019 $0 -$47.3 $2.4 $24.4 WEDNESDAY, APRIL 1, 2009 3901 Revenue Income $6.0 $6.0 $6.0 $6.0 $6.0 $6.0 $6.0 $6.0 $6.0 $6.0 $60.0 Tax Revenue Net -$1 -$1 -$1 -$1 -$1 $8.4 $8.4 $8.4 $8.4 $8.4 $37.1 Total Effect 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 438: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax is amended by revising Code Section 48-7-40.24, relating to income tax credits for qualified jobs, investment, investment property, and projects, to read as follows: "48-7-40.24. (a) As used in this Code section, the term: (1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization which is registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and is engaged in or carrying on any business activities within this state, except that such term shall not include 3902 JOURNAL OF THE SENATE retail businesses. (2) 'Eligible full-time employee' means an individual holding a full-time employee job created by a qualified project who: (A) Possesses a valid Georgia driver's license or identification card issued by the Georgia Department of Driver Services; or (B) Submits a notarized affidavit swearing to be a United States citizen or lawfully present alien authorized to work in the United States. (3) 'Force majeure' means any: (A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site or sites of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4) 'Full-time employee job' and 'full-time job' means employment of an individual which: (A) Is located in this state at the site or sites of a qualified project or the manufacturing facility or facilities 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. For purposes of this paragraph, leased employees will be considered employees of the company using their services and such persons may be counted in determining the company's job tax credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individual's employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. WEDNESDAY, APRIL 1, 2009 3903 (5) 'Investment requirement' means the requirement that by the close of the sixth taxable year following the withholding start-date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (6) 'Job creation requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start-date start date, the business enterprise will have a minimum of 1,800 eligible full-time employees. (7)(6) 'Job maintenance requirement' means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800. (7) 'Payroll maintenance requirement' means the requirement that, with respect to each year in the recapture period, the total annual Georgia W-2 reported payroll with respect to a qualified project must equal or exceed $150 million. (8) 'Payroll requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start date, the business enterprise will have a minimum of $150 million in total annual Georgia W-2 reported payroll with respect to a qualified project. (8)(9) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment any personal property to be used in the manufacturing facility or facilities. (10) 'Qualified investment property requirement' means the requirement that by the close of the sixth taxable year following the withholding start date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (9)(11) 'Qualified project' means a project which meets the job creation requirement and either the payroll requirement or qualified investment property requirement. If the taxpayer selects the qualified investment property requirement as one of the conditions for its project, the property shall involve the construction of one or more new facilities the construction of a new manufacturing facility in this state or the expansion of an one or more existing manufacturing facility facilities in this state. For purposes of this paragraph, the term 'manufacturing facility facilities' means all facilities comprising a single facility, including contiguous project, including noncontiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices, that are contiguous to the 3904 JOURNAL OF THE SENATE manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility personal property that is used in the facility or facilities. (10)(12) 'Recapture period' means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied both the investment requirement and the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer. (11)(13) 'Withholding start-date start date' means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site or sites of a qualified project. (b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that: (A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding start-date start date; (B) Certifies that such project will meet the investment job creation requirement and the job creation either the payroll requirement or the qualified investment property requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement and, if applicable, the payroll maintenance requirement prescribed by this Code section; (2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of economic development, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new or expanded facility or expansion facilities will have a significant beneficial economic effect on the region for which it is they are planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayer's application and any necessary supporting documentation. Although the panel's certification may be based upon other criteria, a project that meets the minimum employment and job creation requirement and either the payroll requirement or qualified investment requirements property requirement, as applicable, specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met: (A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question: (i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or WEDNESDAY, APRIL 1, 2009 3905 (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior year's Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer's Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility or facilities which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible fulltime employee job for five years beginning with the year in which such job is created through year five after such creation; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103. 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 taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprise's quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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. 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. (e) The number of new full-time jobs to which this Code section shall be applicable shall be determined each month by comparing the number of full-time employees 3906 JOURNAL OF THE SENATE subject to Georgia income tax withholding as of the last payroll period of such month or as 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 by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period for the prior taxable year. (f) 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. (g) To qualify for the credit provided by this Code section a new full-time job must be created by the close of the seventh taxable year following the business enterprise's withholding start-date 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. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established. (i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section with respect to for a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 487-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 with respect to for jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Provided such taxpayer otherwise qualifies, such Such taxpayer may take any credit authorized by Code Section 48-740.5 for the costs of retraining an employee located at the site or sites of such project or the manufacturing facility or facilities resulting therefrom, but only with respect to for costs incurred more than five years after the date the manufacturing facility or facilities first becomes become operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its withholding start-date start date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met both the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer, for and job creation requirement with respect to such project. If the taxpayer has failed to meet either such any applicable job creation, payroll, or qualified investment property requirement, the taxpayer will forfeit the right to claim any credits provided by this Code section for WEDNESDAY, APRIL 1, 2009 3907 such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that either the investment requirement or the job creation any applicable job creation, payroll, or qualified investment property requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayer's withholding start-date start date, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met both the job creation requirement and either the payroll requirement or the qualified investment property requirement and job creation requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement and, if applicable, the payroll maintenance requirement for such year. For purposes of this subsection, whether such job maintenance requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. For purposes of this subsection, whether such payroll maintenance requirement has been satisfied shall be determined by comparing the total annual Georgia W-2 reported payroll with respect to a qualified project for the taxable year with $150 million. If the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, the taxpayer will forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, 3908 JOURNAL OF THE SENATE the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (m) A taxpayer who fails to meet the job maintenance requirement or payroll maintenance requirement, or both, for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayer's ability to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, but that the portion of the year so affected was six months or less, for purposes of the job maintenance requirement the commissioner shall calculate the taxpayer's monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months and for purposes of the payroll maintenance requirement the commissioner shall annualize the total Georgia W-2 reported payroll with respect to a qualified project for the portion of the year not so affected. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement or payroll maintenance requirement, or both, and the recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (o) Projects certified by the panel pursuant to paragraph (2) of subsection (b) of this Code section before January 1, 2009, shall be governed by this Code section as it was in effect for the taxable year the project was certified. (p) 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, 2009. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, APRIL 1, 2009 3909 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 Hawkins Y Balfour Y Heath N Brown Y Henson Y Buckner Hill,Jack Y Bulloch Y Hill,Judson Y Butler Y Hooks Y Butterworth Y Hudgens Y Chance Y Jackson,L Y Chapman Y Jackson,W Y Cowsert Y Johnson Y Crosby Y Jones 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 On the passage of the bill, the yeas were 52, nays 1. Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams HB 438, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Gloria Butler District 55 420-C State Capitol Atlanta, GA 30334 Committees: Ethics Health and Human Services Public Safety Regulated Industries and Utilities Rules Urban Affairs The State Senate Atlanta, Georgia 30334 3910 JOURNAL OF THE SENATE April 1, 2009 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Mr. Ewing, It has come to my attention that I erroneously voted "yes" on House Bill 438 and House Bill 186. Please let the records reflect that I voted "no" for both House Bill 438 and House Bill 186. Thank you in advance for your assistance. Sincerely, /s/ Gloria Butler District 55 The following bill was taken up to consider House action thereto: HB 68. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Balfour of the 9th asked unanimous consent that the Senate insist on its substitute to HB 68. The consent was granted, and the Senate insisted on its substitute to HB 68. The Calendar was resumed. Senator Staton of the 18th asked unanimous consent that he be excused from voting on HB 439 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Staton was excused. HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the WEDNESDAY, APRIL 1, 2009 3911 Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 5, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Revised Fiscal Note House Bill 439 (LC 18 8116ER) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center (FRC) provided the following narrative on the revenue impact of this bill: This legislation substantially revises current law regarding tax credits for business enterprises. The legislation provides for 6 sections and these are discussed in turn. Sections 1 and 2 Job Credits 3912 JOURNAL OF THE SENATE These sections primarily alter the timing of business enterprises earning job tax credits. Under current law, a business enterprise earns credits for years two through six following the creation of eligible jobs. This legislation would change the timing of earning credits to years one through five. These sections do not materially change the amount or conditions required to earn these job credits. Thus, it is assumed that the revenue impact will result from the shift in timing of earning and utilizing job credits. The legislation would allow credits for new jobs to be earned and utilized in the year in which the jobs are created. Jobs created in prior years would earn and could utilize credits in the year after the job is created. This would mean that the first year of implementation of this legislation would experience utilization of newly earned credits for the first year and the immediate prior year. Over the period 2003 2007, the Department of Revenue (DOR) estimates that utilized tax credits averaged $12.9 million. It is assumed that these credits reflect jobs created over the prior five year period. Thus the credits from jobs created in the year prior to utilization are one fifth of the total utilized. Therefore, the revenue decrease from the change in timing will equal $2.6 million in FY 2010. In addition, Section 1 allows the business enterprise to take any credits against their monthly or quarterly income tax withholding obligations provided that the Commissioner of Economic Development designates the project as having a significant regional economic impact. For projects so designated, this makes it highly likely that business enterprises would be able to fully use all credits in the year they are earned. Over the period 2003 2007, DOR estimates that job credits created averaged $14.4 million per year and that there was a backlog of credits to be carried forward of $68.2 million. It is not possible to determine the extent to which such projects would be designated as eligible for this provision by the Commissioner. If all such projects earned this designation, this provision would allow firms to use credits created in the current year so that tax revenues will decrease by $1.5 million on an on-going basis. In addition, it would enable business enterprises to use the backlog of credits. Assuming this backlog is used over a 3 year period, revenues will decrease by a further $22.7 million for the first three years of the legislation. However, this estimate should be considered an upper bound based on the Commissioner designating all projects as having significant impact. Section 3 Job Retraining Credit This legislation would tighten up the availability of the job retraining credit. The proposed changes would redefine the types of entities that can claim the credit and tighten the definition of training program which is eligible for the credit. In addition, the maximum credit is capped at $500 per eligible employee per year up to 50% of the business enterprise's direct costs of providing the training. The Department of Adult and Technical Education administers the retraining provisions of the program. DATE estimated that $48 million in credits were claimed by participating employers in the Quickstart program. They also estimate that the revised WEDNESDAY, APRIL 1, 2009 3913 provisions will reduce the credits by 50%. The impact on state revenues is expected to be smaller. Over the fiscal years of 2003 2007, the maximum amount of credits approved by the Department of Revenue was approximately $16 million. Taking this amount as a proxy for total credits, the reduction in credits estimated by DATE would be $8 million. Thus, the revised credit will be expected to increase state tax revenue by about $8 million per year. In the near term, the impact is likely to be much less. The current economic slump makes it likely that eligible business enterprises will economize on training activities and may have limited tax liability so that the reduction in credits created will not impact tax revenues until economic conditions improve and tax liability recovers. Section 4 - R&D Tax Credit The legislation also includes modifications to the state R&D tax credit. The first modification eliminates the requirement that firms have positive taxable income to be eligible for the tax credit. This modification allows firms without positive taxable income to be eligible for the tax credit. To estimate this provision, FRC uses data from Compustat to determine that 45 percent of firms with R&D expenses do not have positive taxable income. From this information, FRC constructs a baseline of additional R&D eligible activity for the credit due to this modification. The second modification alters the base calculation for the credit. Under current law, the firms applying for the Georgia R&D credit compute their base of R&D expenditures as a ratio of expenditures to taxable income. This modification substitutes gross receipts for taxable income in this calculation. This modification has the effect of reducing the base of R&D expenditures that must be exceeded to create qualified credits. Thus, this provision increases the value of credits generated by a firm and the number of that may be eligible for the credit. . The table below summarizes the net impact: 2009 2010 2011 2012 2013 Total R&D Tax Credit ($M) $ -6 $ -7 $ -10 $ -12 $ -14 $ -49 Section 5 - Port Credit The proposed legislation, HB 439, includes two modifications to the Port Tax Credit. The first modification includes import activity in the eligibility calculation for firms. Under current law, only export activity is considered qualified activity for purposes of the Port Tax Credit. In 2007, 46 percent of activity at the Savannah port was from imports. Between 2003 and 2007 port activity increased by 14 percent. Over the 2003-2005 time period, an average of 22 firms took this credit each year. The average amount utilized each year was $0.8 million. This provision increases the amount of firms that qualify for the Port Activity Credit and results in a revenue loss to the state. To estimate this provision, FRC constructs a baseline of current law qualified credits. From this baseline, FRC subtracts a modified baseline of qualified credits expected to occur due to the modification. 3914 JOURNAL OF THE SENATE The second modification to the Port Tax Credit alters the base year calculation of the tax credit. Under current law, a firm must increase their port activity by 10 percent over the base year which is set in the legislation as 1997. The proposed modification requires that firms increase their port activity by 10 percent over the prior year's activity. This modification reduces the number of credits generated and results in a revenue gain to the state. To estimate the effect of this provision, FRC extrapolates a baseline of qualified credits based on prior port activity. From this baseline of activity FRC subtracts a modified baseline constructed to reflect a lower eligibility of qualified activity due to the new base year constraints. Both modifications apply to tax years beginning on or after January 1, 2010. Therefore, no revenue change is expected to occur in FY 2009 due to passage of this legislation. The table below summarizes the net impact: 2009 2010 2011 2012 2013 Total Port Activity Credit ($M) $ 0 $ -5 $ -5 $ -6 $ -6 $ -23 Section 6. Analysis of Tax Credit for Establishing Quality Jobs or Relocating Headquarters. This section would change the current tax credit for relocating headquarters jobs to Georgia. The credit would be available to an employer that creates at least 50 new quality jobs in Georgia. The credit available depends on wage paid relative to the average wage within the county. The taxpayer may take the credit against income tax or against its monthly or quarterly obligation to pay income tax withholding on its employees' wages. The five years of tax credit can be taken in the first year, but if the job is not retained, there is a claw back provision to recover some of the tax credit. The net revenue effect of this change depends on the number of qualified jobs that are created due to this legislation, the number of additional jobs that are eligible for the credit but would have been created without the incentive in place, the wages paid, and net revenue effect of the current headquarter tax credit program. A new job might have been created even if the credit program was not in place; thus, one should only count those new jobs that are due to the tax credit program. However, it was feasible to estimate the percentage of jobs that were given a credit that would have been created in the absence of the credit. Since this proposal replaces an existing program, the revenue effect of the new proposal should be calculated net of the existing headquarter tax credit program. However, it was not feasible to calculate the net revenue effect of the current program. To estimate the number of jobs that would be eligible for the new tax credit, information on the new firm announcements by county for 2005 through 2008 was obtained from the Department of Economic Development. These data were for firms with 100 or more employees. Using data from County Business Pattern, the number of new firms with 50 WEDNESDAY, APRIL 1, 2009 3915 to 100 workers was estimated. The annual average number of new jobs was taken as the base. If the tax credit program is effective, the number of new firms should be greater, although in the current economic climate the number is likely to be lower. The data are for announced jobs; the actual number of jobs could be greater or smaller. The Census Bureau provides a distribution of wage income. This distribution was assumed to hold for all new jobs created. Using the median wage in each county in which a new firm is located, the wage required to make a job eligible for a tax credit was calculated. Using this information along with the distribution of wage income and assuming that the new jobs would be distributed across counties in the same manner as the announced jobs, the number of jobs eligible for the different levels of credit was calculated for each county in which a firm had located. These jobs were summed across the counties and multiplied by the allowable tax credit. The one year cost of the credits was thus estimated to be $20.5 million. If all jobs are retained, the total five-year cost of the tax credits would be $102.5 million. These additional workers will generate additional tax revenue, in particular income tax and sales tax revenue. If the tax credit program results in a whole firm locating in the state, then the taxes generated by all employees of the firm, not just those eligible for the tax credit, can be counted as additional revenue. It was assumed that the wages for the new employees was distributed according to the distribution of wage income provided by the Census Bureau. Using this distribution the additional tax revenue was estimated. What is not known is what percentage of these new jobs can be attributed to the tax credit program. The five years of tax credits can be taken in the first year, while the additional tax revenue will be generated over time. It is assumed that all jobs are retained for the duration. The following table shows the estimated revenue under alternative assumptions regarding the percentage of new jobs that can be attributed to the tax credit program. If the percentage of new jobs that can be attributed to the tax credit program is less than about 58 percent, then the estimated additional annual tax revenue will be less than the estimated annual cost of the tax credits. The table also shows the number of years of additional tax revenue that is required before the additional tax revenue will exceed the estimated cost of the tax credit. Percentage of New Jobs Created as a Result of the Tax Credit 100% 75% 50% 25% Estimated Annual Additional Tax Revenue $35.3 million $26.4 million $17.6 million $8.8 million Years to Cover Estimated Total Cost of Tax Credits of $102.5 million 2.9 years 3.9 5.8 11.6 3916 JOURNAL OF THE SENATE 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 439: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to change certain provisions regarding expenses from transactions with certain related persons or members; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, is amended by revising Code Section 48-7-40, relating to tax credits for business enterprises in less developed areas, to read as follows: "48-7-40. (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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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, WEDNESDAY, APRIL 1, 2009 3917 and services for the elderly and persons with disabilities. Such term shall not include retail businesses. (3) 'Competitive project' means expansion or location of some or all of a business enterprise's operations in this state having significant regional impact where the commissioner of economic development certifies that but for some or all of the tax incentives provided in this Code section, the business enterprise would have located or expanded outside this state. (3)(4) '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. (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. (c.1) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county 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. (d) For business enterprises which plan a significant expansion in their labor forces, the 3918 JOURNAL OF THE SENATE 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. (e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's 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 enterprise's 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 paragraph. 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 paragraph shall not constitute income to the taxpayer. 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 this article 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 this article 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 this article equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job the first taxable year in which the new fulltime employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, or where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives WEDNESDAY, APRIL 1, 2009 3919 credit against such business enterprise's 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 paragraph. 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 paragraph shall not constitute income to the taxpayer. The number of new fulltime 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 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. In any year in which the net employment increase falls below the number required in such tier, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below the number required in such tier, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. 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. (2) Existing business enterprises 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 first year in which the new full-time employee job is created. The additional credit shall be claimed in year two after the creation of such job the first taxable year in which the new full-time employee job is 3920 JOURNAL OF THE SENATE created. 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 generated and utilized 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. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (c.1) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h)(1) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in any taxable year may be carried forward for WEDNESDAY, APRIL 1, 2009 3921 ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in paragraph (1) of subsection (e) of this Code section, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (e) of this Code section must be applied against taxes imposed for the taxable year in which such credit is available and may not be carried forward to any subsequent taxable year. (i) Notwithstanding any provision of this Code section to the contrary, in counties recognized and designated as the first through fortieth least developed counties in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises or existing business enterprises, to any business of any nature. (j) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j)(k) The commissioner may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section. (l) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim." SECTION 2. Said article is further amended by revising Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, to read as follows: "48-7-40.1. (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; 516 519, Internet publishing 3922 JOURNAL OF THE SENATE and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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, and services for the elderly and persons with disabilities. Such term shall not include retail businesses. (b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors: (1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or (4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 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 pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. WEDNESDAY, APRIL 1, 2009 3923 (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas. (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's 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 enterprise's 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. In any year in which the net employment increase falls below five 3924 JOURNAL OF THE SENATE or two, as applicable, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below five or two, as applicable, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in subsection (e) of this Code section, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (i) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim." SECTION 3. Said article is further amended by revising Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, to read as follows: WEDNESDAY, APRIL 1, 2009 3925 "48-7-40.5. (a) As used in this Code section, the term: (1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions: (A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; provided, however, that approved retraining shall not include any retraining on commercially, mass produced software related to word processing, data base management, presentations, spreadsheets, e-mail, personal information management, or computer operating systems except a retraining tax credit shall be allowable for those providing support or training on such software; (B) It is approved and certified by the Technical College System of Georgia; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Technical College System of Georgia including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, and who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Technical College System of Georgia by instructors hired by or employed by an employer. (6) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an one or more approved retraining program programs in a taxable year. The total amount of the tax credit allowed per full-time employee amount of the tax credit shall be equal to onehalf of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an approved retraining program; provided, however, that in no event shall the amount of the tax credit authorized under this subsection exceed $1,250.00 per year per full-time employee who has successfully completed more than one approved retraining program. No employer may shall receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c) Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for 3926 JOURNAL OF THE SENATE ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (d) To be eligible to claim the credit granted under this Code section, the employer must shall certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Technical College System of Georgia to ensure the proper granting of credits pursuant to this Code section. (e) The Technical College System of Georgia is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Technical College System of Georgia shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study." SECTION 4. Said article is further amended by revising Code Section 48-7-40.12, relating to income tax credits for business enterprises having qualified research expenses, to read as follows: "48-7-40.12. (a) As used in this Code section, the term: (1) 'Base amount' means the product of a business enterprise's Georgia taxable net income gross receipts in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income gross receipts for the preceding three taxable years or 0.300, whichever is less; provided, however, that a business enterprise need not have had a positive taxable net income for the preceding three taxable years in order to claim the credit provided in this Code section. For purposes of this paragraph, 'Georgia gross receipts' shall be the numerator of the gross receipts factor provided in subsection (d) of Code Section 487-31. (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 WEDNESDAY, APRIL 1, 2009 3927 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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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, or services or the elderly and persons with disabilities. Such term shall not include retail businesses. (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. (b) A tax credit is allowed a business enterprise which has qualified research expenses in Georgia in a taxable year exceeding a base amount, provided that the business enterprise for the same taxable year claims and is allowed a research credit under Section 41 of the Internal Revenue Code of 1986, as amended. (c) The tax credit provided in subsection (b) of this Code section shall be 10 percent of the excess over the base amount referred to in said subsection. (d) Any unused credit claimed under this Code section may be carried forward ten years from the close of the taxable year in which the qualified research expenses were made. The credit taken in any one taxable year shall not exceed 50 percent of the business enterprise's remaining Georgia net income tax liability after all other credits have been applied. (e) In the first five years of a newly formed business enterprise's operations in this state, where the amount of a credit claimed under this Code section exceeds 50 percent of a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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." SECTION 5. Said article is further amended in Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic, by revising paragraphs (1) and (5) of subsection (a) as follows: "(1) 'Base year port traffic' means: 3928 JOURNAL OF THE SENATE (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's), 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 (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product actually imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility during the second preceding 12 month period; provided, however, that in the event the total amount actually imported into this state or exported out of this state during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's)." "(5) 'Port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility. (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility." SECTION 6. Said article is further amended by revising Code Section 48-7-40.17, relating to income tax credits for establishing or relocating headquarters into this state, to read as follows: "48-7-40.17. (a) As used in this Code section, the term: (1) 'Average wage' means the average wage of the county in which a full-time new quality job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Full-time New quality job' means employment for an individual which: (A) Is located at a headquarters in this state; (B) Has a regular work week of 30 hours or more; (C) Is not a job that is or was already located in Georgia regardless of which taxpayer the individual performed services for; (C)(D) Pays at or above 110 percent of the average wage of the county in which it is located; and: (i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; WEDNESDAY, APRIL 1, 2009 3929 (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and (D)(E) Has no predetermined end date. (3) 'Headquarters' means the principal central administrative office of a taxpayer or a subsidiary of the taxpayer. (4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. (b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which: (1) Within one year of the first date on which it withholds wages for employees at such headquarters or the headquarters of a subsidiary, defined as the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code of 1986, as amended, pursuant to the provisions of Code Section 48-7-101, employs at least 50 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-740.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; (b) A taxpayer establishing new quality jobs in this state or relocating quality jobs into this state which elects not to receive the tax credits provided for by Code Sections 48-740, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs and investments created by, arising from, related to, or connected in any way with the same project and, within one year of the first date on which the taxpayer pursuant to the provisions of Code Section 48-7-101 withholds wages for employees in this state and employs at least 50 persons in new quality jobs in this state, shall be allowed a credit for taxes imposed under this article: (1) Equal to $2,500.00 annually per eligible new quality job where the job pays 110 percent or more but less than 120 percent of the average wage of the county in which the new quality job is located; (2) Equal to $3,000.00 annually per eligible new quality job where the job pays 120 percent or more but less than 150 percent of the average wage of the county in which the new quality job is located; (3) Equal to $4,000.00 annually per eligible new quality job where the job pays 150 percent or more but less than 175 percent of the average wage of the county in which the new quality job is located; 3930 JOURNAL OF THE SENATE (4) Equal to $4,500.00 annually per eligible new quality job where the job pays 175 percent or more but less than 200 percent of the average wage of the county in which the new quality job is located; and (5) Equal to $5,000.00 annually per eligible new quality job where the job pays 200 percent or more of the average wage of the county in which the new quality job is located; provided, however, that where the amount of such credit exceeds a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job the credit amounts in paragraphs (1) through (5) of this subsection for each new quality job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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. For each new full-time quality job created, the credit established by this subsection may be taken for the first taxable year in which the new full-time quality job is created and for the four immediately succeeding taxable years; provided, however, that such new full-time quality jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 50 new full-time quality jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 50 new full-time quality jobs required shall not be affected except as provided in subsection (f) of this Code section. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 50 new full-time quality jobs required. (c) The number of new full-time quality jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of full-time new quality jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year. (d) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified new quality jobs were established. (e) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 487-56, including any approved extensions. WEDNESDAY, APRIL 1, 2009 3931 (f) If the taxpayer has failed to maintain a new quality job in a taxable year, the taxpayer shall forfeit the right to the credit claimed for such job in that year. For each year such new quality job is not maintained, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. (g) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim. (e)(h) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 7. Said article is further amended in subsection (b) of Code Section 48-7-21, relating to taxation of corporations, by adding a new paragraph to read as follows: "(16)(A) As used in this paragraph, the term 'related member' shall have the same meaning as provided in Code Section 48-7-28.3. (B) There shall be subtracted from taxable income, before the income is apportioned or allocated as provided by Code Section 48-7-31, any amount received or accrued from a related member during the taxable year to the extent such amount corresponds to expenses or costs the related member was required to add back and thereby include in its taxable income prior to the apportionment and allocation of such income pursuant to paragraph (10) of this subsection." SECTION 8. Said article is further amended in Code Section 48-7-28.3, relating to expenses from transactions with related members, by revising paragraph (2) of subsection (d) as follows: "(2) The amount of the adjustment required by subsection (b) of this Code section shall be reduced, but not below zero, to the extent the corresponding interest expenses and costs and intangible expenses and costs: (A) Are received as income in an arm's length transaction by the related member; provided, however, that the subtraction from taxable income permitted by paragraph (16) of subsection (b) of Code Section 48-7-21 shall not be taken into account for purposes of determining whether such expenses and costs are received as income by the related member; and (B) Such income is allocated or apportioned, or both, to and taxed by Georgia or another state that imposes a tax on or measured by the income of the related member." SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming 3932 JOURNAL OF THE SENATE law without such approval and shall be applicable for all taxable years beginning on or after January 1, 2009. 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 Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman N Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Jones N Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith E Staton Y Stoner Y Tarver N Tate Y Thomas 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 44, nays 7. HB 439, having received the requisite constitutional majority, was passed by substitute. At 5:48 p.m. the President announced that the Senate would stand in recess until 7:00 p.m. At 7:00 p.m. Senator Tommie Williams, President Pro Tempore, called the Senate to order. WEDNESDAY, APRIL 1, 2009 3933 The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate: SB 27. By Senators Bulloch of the 11th, Heath of the 31st, Hill of the 4th, Pearson of the 51st, Powell of the 23rd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create 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. SB 128. By Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins of the 49th, Mullis of the 53rd 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, and so as to provide for the issuances, at the option of the owner, of permanent license plates for boat trailers, utility trailers, and noncommercial cattle and livestock trailers; to provide for fees; to provide that such license plates shall not be transferable; to provide for administration; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; to provide for related matters; to repeal conflicting laws; and for other purposes. 3934 JOURNAL OF THE SENATE Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 117. By Senators Powell of the 23rd, Golden of the 8th, Staton of the 18th, Pearson of the 51st, Brown of the 26th 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 revise provisions related to the "Made in Georgia" program; to provide for rules and regulations; 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 193. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitutes to the following Bills of the House: HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 1, 2009 3935 HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Buckner of the 44th Wiles of the 37th Senator Mullis of the 53rd was excused as a conferee. The Calendar was resumed. HB 453. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator 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: Adelman Balfour Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton 3936 JOURNAL OF THE SENATE Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Grant Hamrick Y Harbison Y Harp Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber E Wiles Williams (PRS) On the passage of the bill, the yeas were 42, nays 0. HB 453, having received the requisite constitutional majority, was passed. HB 455. By Representatives Neal of the 1st, Lindsey of the 54th, Casas of the 103rd, Ashe of the 56th, England of the 108th and others: A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for certificated personnel in elementary and secondary education, so as to temporarily extend certain deadlines; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. Senators Weber of the 40th and Moody of the 56th offered the following amendment #1: Amend HB 455 (LC 33 2964) by inserting after "deadlines;" on line 3 the following: to amend Code Section 20-2-205 of the Official Code of Georgia Annotated, relating to the Georgia Master Teacher Program, so as to remove the sunset provision for the Georgia Master Teacher Program; By inserting between lines 33 and 34 the following: SECTION 1A. Code Section 20-2-205 of the Official Code of Georgia Annotated, relating to the Georgia Master Teacher Program, is amended by revising subsection (d) as follows: "(d) This Code section shall be repealed on June 30, 2009." On the adoption of the amendment, the President asked for unanimous consent. WEDNESDAY, APRIL 1, 2009 3937 Senator Thompson of the 33rd objected. On the adoption of the amendment, Senator Thompson of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the adoption of the amendment, the yeas were 33, nays 19, and the Weber, Moody amendment #1 was adopted. Senators Weber of the 40th and Moody of the 56th offered the following amendment #2: Amend HB 455 (LC 33 2964) by inserting after "deadlines;" on line 3 the following: to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to provide for placement on the state salary schedule for an educator who has a leadership degree but is not in a leadership position; By inserting between lines 33 and 34 the following: SECTION 1A. Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," is amended by adding to the end of subsection (a) the following: "For purposes of this subsection, an educator's placement on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction 3938 JOURNAL OF THE SENATE with completion of an educator leadership preparation program approved by the Professional Standards Commission, if the degree was earned on or after July 1, 2010, unless the educator is employed in a leadership position as defined by the State Board of Education, but shall be placed on the salary schedule position attributable to the educator but for the leadership degree; provided, however, that this shall not apply to an educator who possessed a leadership degree prior to July 1, 2010, regardless of whether or not he or she is in a leadership position." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the adoption of the amendment, the yeas were 32, nays 21, and the Weber, Moody amendment #2 was adopted. Senator Grant of the 25th was excused as a conferee. 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 Hawkins Y Heath N Henson Y Rogers Y Seabaugh N Seay WEDNESDAY, APRIL 1, 2009 3939 N Buckner Y Hill,Jack Y Bulloch Y Hill,Judson N Butler N Hooks Y Butterworth Y Hudgens Y Chance N Jackson,L Y Chapman Y Jackson,W Y Cowsert N Johnson Y Crosby N Jones Y Douglas Y Moody N Fort Y Mullis Y Goggans Y Murphy N Golden N Orrock C Grant Y Pearson Y Hamrick N Powell Y Harbison N Ramsey Y Harp N Reed On the passage of the bill, the yeas were 32, nays 22. Y Shafer Y Sims N Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) HB 455, having received the requisite constitutional majority, was passed as amended. Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Monday, March 30, 2009, be taken from the Table: HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th: A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The consent was granted, and HB 396 was taken from the Table and placed at the foot of today's calendar. 3940 JOURNAL OF THE SENATE Senator Buckner of the 44th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 473. By Representatives Harbin of the 118th, Keen of the 179th, Stephens of the 164th, Ehrhart of the 36th, Kaiser of the 59th and others: A BILL to be entitled an Act 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 grants for clean energy property for a limited period of time from federal funds available for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; 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 Regulated Industries and Utilities Committee offered the following substitute to HB 473: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority generally, so as to provide for grants for clean energy property for a limited period of time from federal funds allocated for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; 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 1 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority generally, is amended by adding a new Code section to read as follows: "50-23-21. (a) As used in this Code section, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority. (2) '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 and passive space heating and cooling, generating electricity, distillation, desalinization, or the production of industrial or commercial process heat, as well as related devices necessary for collecting, storing, WEDNESDAY, APRIL 1, 2009 3941 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; 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. (3) 'Cost' means: (A) In the case of clean energy property owned by a person, cost is the aggregate funds actually invested and expended by a person to put into service the clean energy property; and (B) In the case of clean energy property a person leases from another, cost is eight times the net annual rental rate, which is the annual rental rate paid by the person less any annual rental rate received by the person from subrentals. (4) 'Installation' means the year in which the clean energy property is put into service and becomes eligible for a grant allowed by this Code section. (b)(1) The authority may issue a grant to any person for the construction, purchase, or lease of clean energy property that is placed into service in this state, other than in single-family residential structures, between January 1, 2009, and December 31, 2012, subject to the provisions of this Code section. (2) A person that receives a grant allowed under this Code section shall not be eligible to claim any tax credit under Code Section 48-7-29.14 or any other grant under this Code section with respect to the same clean energy property. (3) A person shall not receive a grant allowed in this Code section for clean energy property the person leases from another unless such person obtains the lessor's written certification that the lessor will not receive a grant under this Code section or claim a credit under Code Section 48-7-29.14 with respect to the same clean energy property. (4) Grants shall not be issued under this Code section except to effect participation in a federal government program which authorizes the use of federal funds for purposes of this Code section. In no event shall the total amount of grants allowed by this Code section exceed federal funds allocated by the authority for such purposes. No funds derived from any other sources shall be granted under this Code section. 3942 JOURNAL OF THE SENATE (5)(A) Any person seeking any grant provided for under this Code section shall submit an application to the authority for approval of such grant. The authority shall promulgate the forms on which the application is to be submitted. The authority shall review such application and shall approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application, subject to availability of funds as provided by paragraph (4) of this subsection. (B) To apply for a grant allowed by this Code section, the person shall provide any information required by the authority. Every person receiving a grant under this Code section shall maintain and make available for inspection by the authority any records that the authority considers necessary to determine and verify the amount of the grant to which the person is entitled. The burden of proving eligibility for a grant and the amount of the grant shall rest upon the applicant, and no grant shall be allowed to a person that fails to maintain adequate records or to make them available for inspection. (C) The authority shall issue the grants on a first come, first served basis. In no event shall the aggregate amount of grants approved by the authority for all applicants under this Code section exceed the limitations specified in paragraph (4) of this subsection. (6) Any grant allowed by paragraph (1) of this subsection shall not exceed the lesser of 35 percent of the cost of the clean energy property described in subparagraphs (a)(2)(A) through (a)(2)(D) of this Code section or the following grant amounts for any clean energy property: (A) 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)(2)(A) and (a)(2)(D), of this Code section; (B) 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)(2)(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; (C) For Energy Star certified geothermal heat pump systems as described in subparagraph (a)(2)(B) of this Code section, the sum of $100,000.00; (D) For a lighting retrofit project as described in division (a)(2)(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 (E) For an energy efficient building as described in division (a)(2)(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. WEDNESDAY, APRIL 1, 2009 3943 (c) The authority shall be authorized to adopt rules and regulations to provide for the administration of any grant provided by this Code section. Specifically, the authority shall create a mechanism to track and report the status and availability of grants for the public to review at a minimum on a quarterly basis. (d) The authority shall provide an annual report of: (1) The number of persons that claimed the grants allowed in this Code section; (2) The cost of clean energy property with respect to which grants were issued; (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 grants allowed." SECTION 2. This Act shall become effective 30 days after the date it is approved by the Governor or becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Shafer of the 48th and Bulloch of the 11th offered the following amendment #1 to the committee substitute: Amend the LC 36 1419S substitute to HB 473 by replacing lines 1 and 2 with the following: To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to By inserting after "and limitations;" on line 5 the following: to exempt the Georgia Technology Authority from certain sales and use taxes; By replacing lines 9 and 10 with the following: Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding By inserting after Section 1 the following: SECTION 1C. Said title is further amended by revising Code Section 50-25-8, relating to tax exemptions for the Georgia Technology Authority, as follows: "50-25-8. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision. The tax 3944 JOURNAL OF THE SENATE exemption provided for in this Code section shall include an exemption from all sales and use tax on property purchased or used by the authority." On the adoption of the amendment, there were no objections, and the Shafer, 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 54, nays 0. HB 473, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the WEDNESDAY, APRIL 1, 2009 3945 Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; 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 repeal conflicting laws; and for other purposes. Senator Pearson of the 51st asked unanimous consent that the Senate insist on its amendments to HB 261. The consent was granted, and the Senate insisted on its amendments to HB 261. The following bill was taken up to consider House action thereto: HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Smith of the 52nd asked unanimous consent that the Senate insist on its substitute to HB 457. The consent was granted, and the Senate insisted on its substitute to HB 457. The Calendar was resumed. HB 477. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-1-62 of the Official Code of Georgia Annotated, relating to procedure for establishment of creditable service, computations, employer contributions, and system or fund unable to provide creditable service, so as to remove a requirement that an application for certain creditable service be made within a certain period; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Heath of the 31st. 3946 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 February 16, 2009 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 477 (LC 21 0326) Dear Representative Maxwell: This bill would amend provisions relating to creditable service for qualified veterans who wish to establish creditable service in a public retirement system or fund. The legislation is intended to ensure that the provisions of Title 47 are in compliance with requirements outlined in the Federal Internal Revenue Code. Under Federal law, there are no application deadlines for qualified returning veterans who wish to establish creditable service for a period of qualified service. This legislation would revise the language in Title 47 to ensure it complies with Federal law. Specifically, this legislation removes language that requires qualified veterans to notify their board of such intent no later than six months from the date he or she resumes employment. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor WEDNESDAY, APRIL 1, 2009 3947 The report of the committee, which was favorable to the passage of the bill, was agreed 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 53, nays 0. HB 477, having received the requisite constitutional majority, was passed. The President assumed the Chair. HB 483. By Representatives Roberts of the 154th, Williams of the 178th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the modernization and revision of certain provisions regarding ad valorem taxes; to change certain affidavit requirements regarding the income of taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to change certain provisions regarding notification of changes made to a taxpayer's return; to provide for additional tax return filing requirements 3948 JOURNAL OF THE SENATE for public utilities; 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 Senate Finance Committee offered the following substitute to HB 483: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the modernization and revision of certain provisions regarding ad valorem taxes; to change the deadline for filing for forest land conservation use assessment; to increase the state-wide $2,000.00 homestead exemption from ad valorem taxation for state, county, and school purposes to $10,000.00; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to change certain affidavit requirements regarding the income of taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding collection of costs, commissions, interest, and penalties; to provide for execution costs; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to change certain provisions regarding notification of changes made to a taxpayer's return; to provide for additional tax return filing requirements for public utilities; to provide for related matters; to provide for a special election; to provide for automatic repeal of certain provisions under certain circumstances; to provide effective dates and applicability; 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 by revising paragraph (1) of subsection (j) of Code Section 48-5-7.7, relating to forest land conservation use assessment, as follows: "(j)(1) For the taxable year beginning January 1, 2009, all 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 June 1 of 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. For each taxable year beginning on or after January 1, 2010, 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 WEDNESDAY, APRIL 1, 2009 3949 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 clerk's 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 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." SECTION 2. Said chapter is further amended by revising Code Section 48-5-44, relating to the statewide $2,000.00 homestead exemption from state, county, and school district ad valorem taxes, as follows: "48-5-44. (a) The homestead of each resident of this state actually occupied by the owner as a residence and homestead shall be exempted from all ad valorem taxation for state, county, and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and to retire bonded indebtedness, for as long as the residence and homestead is actually occupied by the owner primarily as a residence and homestead. The exemption shall not exceed $2,000.00 of the value of the homestead be in the amount specified in subsection (b) of this Code section. (b)(1) Each resident of the state is granted an exemption on that person's homestead from all ad valorem taxes: (A) For the taxable year beginning on or after January 1, 2011, and prior to January 1, 2012, in the amount of $3,000.00 of the assessed value of that homestead; (B) For the taxable year beginning on or after January 1, 2012, and prior to 3950 JOURNAL OF THE SENATE January 1, 2013, in the amount of $4,000.00 of the assessed value of that homestead; (C) For the taxable year beginning on or after January 1, 2013, and prior to January 1, 2014, in the amount of $5,000.00 of the assessed value of that homestead; (D) For the taxable year beginning on or after January 1, 2014, and prior to January 1, 2015, in the amount of $6,000.00 of the assessed value of that homestead; (E) For the taxable year beginning on or after January 1, 2015, and prior to January 1, 2016, in the amount of $7,000.00 of the assessed value of that homestead; (F) For the taxable year beginning on or after January 1, 2016, and prior to January 1, 2017, in the amount of $8,000.00 of the assessed value of that homestead; (G) For the taxable year beginning on or after January 1, 2017, and prior to January 1, 2018, in the amount of $9,000.00 of the assessed value of that homestead; and (H) For all taxable years beginning on or after January 1, 2018, in the amount of $10,000.00 of the assessed value of that homestead. (c) Should the owner of a dwelling house on a farm who is already entitled to a homestead exemption participate in the program of rural housing and obtain a new house under contract with the local housing authority, he such owner shall be entitled to receive the same homestead exemption as allowed before making the contract. (d) Except as otherwise specifically provided by law, the value of all homestead property in excess of $2,000.00 the amount exempted under subsection (b) of this Code section shall remain subject to taxation. The exemption shall be returned and claimed in the manner prescribed by law. This exemption shall not apply to taxes levied by municipalities. (e) The homestead exemption granted by this Code section shall be in addition to and not in lieu of any other homestead exemption regardless of any provision of any local Act to the contrary." SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 48-5-52, relating to homestead exemptions from ad valorem taxation for educational purposes for qualified individuals who are 62 years of age or older, as follows: "(b)(1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts. (2) The affidavit shall in the first year for which the exemption is sought be filed on WEDNESDAY, APRIL 1, 2009 3951 or before the last day for making a tax return and shall show the: (A) Age of the owner on January 1 immediately preceding the filing of the affidavit; (B) Total amount of net income received by the owner and spouse from all sources during the immediately preceding calendar year; and (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and (D)(C) Such additional information as may be required by the commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the department. (4) After the owner has filed the affidavit and has once been allowed the exemption provided for in this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineligible for any reason for the exemption provided for in this Code section." SECTION 4. Said chapter is further amended by revising subsection (c) of Code Section 48-5-161, relating to issuance of tax executions, as follows: "(c)(1) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall enter the amount collected including all costs, commissions, interest, and penalties as provided by law on the execution. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his or her execution docket and file the execution in his or her office. (2)(A) As used in this paragraph, the term 'costs' includes, but is not limited to, title examination expenses, certified mail expenses, reasonable attorney's fees, or other such necessary research expenses. (B) Once a levy is made or posted on the property of an execution is issued against a delinquent or defaulting taxpayer, the sheriff or ex officio sheriff shall collect, in addition to any other costs, commissions, interest, and penalties, the actual expenses incurred by the county in issuing the execution and administering the levy by imposing a levy administration fee which shall be 5 percent of the delinquent tax or $250.00, whichever is the lesser. Regardless of any other provision of this paragraph, however, no such levy administration fee shall be less than $50.00. 3952 JOURNAL OF THE SENATE (3) The levy administration fee provided by paragraph (2) of this subsection shall likewise be charged and collected when the execution is enforced through garnishment as provided for in Code Section 48-3-12." SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 48-5-295, relating to terms of office, vacancies, and removal by county governing authority, as follows: "(a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution. Such resolution, however,; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. The county governing authority shall transmit to the board of assessors commissioner a copy of the resolution setting the length of terms of members of the county board of tax assessors within ten days of the date the resolution is adopted. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. Such review shall include education and certification information furnished by the commissioner. Any member of the county board of tax assessors who fails to maintain the certification and qualifications requirements specified pursuant to Code Section 48-5-291 shall not be eligible for reappointment until all requirements have been met. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be immediately filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for only the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office." SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 48-5-306, relating to notice of changes made in taxpayer's return, posting notice, and new WEDNESDAY, APRIL 1, 2009 3953 assessment description, as follows: "(a) Method of giving notice to taxpayer of changes made in such taxpayer's return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the board any taxpayer has omitted from such taxpayer's returns any property that should be returned or has failed to return any of such taxpayer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only such taxpayer's proportionate share of taxes. When any such corrections, changes, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any changes made in such taxpayer's returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as first-class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered 'Return in five days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type -- 'OFFICIAL TAX MATTER.' face of the mailing envelope and with the United States Postal Service endorsement 'Return Service Requested' and the words 'Official Tax Matter' clearly printed in boldface type in a location which meets United States Postal Service regulations." SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 48-5-511, relating to returns of public utilities to commissioner, as follows: "(b) The returns of each public utility shall be in writing and sworn to under oath by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued as far as practicable and shall be taxed like all other property under the laws of this state. The returns shall also include the capital stock, net annual profits, gross receipts, business, or income (gross, annual, net, or any other kind) for which the public utility is subject to taxation by the laws of this state. Each parcel of real estate included in the return shall be identified by its street address. If the commissioner is unable to locate the property by its street address after exercising due diligence in attempting to locate the property, then the commissioner may request more information from the taxpayer to help identify the exact location of the property. Such additional information may include a map or 3954 JOURNAL OF THE SENATE parcel identification information." SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting Section 2 of this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2010, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the special election. The ballot shall have written thereon the following: "( ) YES Shall the Act be approved which increases the state-wide $2,000.00 ( ) NO homestead exemption to $10,000.00 after an eight-year phase-in period?" All persons desiring to vote for approval of Section 2 of this Act shall vote "Yes," and those persons desiring to vote for rejection of Section 2 of this Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Section 2 of this Act, then Section 2 of this Act shall become effective immediately and shall be applicable to all taxable years beginning on or after January 1, 2011. If Section 2 of this Act is not so approved or if the special election is not conducted as provided in this section, Section 2 of this Act shall not become effective and Section 2 of this Act shall be automatically repealed on the first day of January immediately following that special election date. SECTION 9. (a) Except as otherwise provided in Section 8 of this Act and 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 on July 1, 2009, and shall apply to executions issued on or after that date. 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: WEDNESDAY, APRIL 1, 2009 3955 N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas 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 35, nays 21. HB 483, having failed to receive the requisite constitutional majority, was lost. Senator Rogers of the 21st gave notice that at the proper time he would move that the Senate reconsider its action on HB 483. The President entertained the motion for reconsideration immediately. On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C 3956 JOURNAL OF THE SENATE N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 34, nays 22, the motion prevailed; the Senate reconsidered HB 483, and the bill was placed on the General Calendar. The Calendar was resumed. HB 485. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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 Chance of the 16th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 4, 2009 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 WEDNESDAY, APRIL 1, 2009 3957 SUBJECT: Fiscal Note House Bill 485 (LC 18 7775) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center (FRC) provided the following narrative on the revenue impact of this bill: This legislation amends section 48-7-40.15A of the Official Code of Georgia Annotated. The proposed legislation modifies the conditions under which a company may qualify for additional job tax credits through the Port Jobs Tax Credit. Under current law, companies that increase their port activity 10 percent over their base level of activity are allowed to take an additional $1,250 tax credit for each job added since 1998 that qualified for the Jobs Tax Credit (O.C.G.A. 40-7-40). As the law is currently interpreted, qualified port activity is interpreted as export activity. Firms that increase their base level of port activity through increases in import activity do not qualify for additional tax credits. This proposed legislation modifies the provision by defining qualified port activity to include import activity under certain conditions. Specifically, companies located in Tier 2 counties, as designated by the Georgia Department of Community Affairs, which are determined to be distribution facilities of at least 650,000 square feet in size, which were in operation before December 31, 2008, and which are owned by a parent company with at least 15 retail locations in the state in the first year of operations will be able to compute their qualified port activity inclusive of their import activity. Under this modified computation of qualified port activity, these firms will be eligible for an additional $1,250 tax credit per qualified job, where qualified job is defined to include only those jobs which qualified for the Jobs Tax Credit under O.C.G.A. 40-7-40. Based on the information currently available, to FRC's knowledge only one firm meets these circumstances and qualifies for the additional credits. It is estimated that extending the credits to this firm would result in an annual loss of approximately $0.35 million or $3 million cumulative revenue loss to the state over the 2009-2017 period. While this legislation is narrowly drafted, it is possible that other firms are in a position to benefit from this modification. If that is the case then the revenue loss to the state would increase as more firms would be eligible for the additional jobs tax credit associated with import activity. Sincerely, /s/ Russell W. Hinton State Auditor 3958 JOURNAL OF THE SENATE /s/ Trey Childress, Director Office of Planning and Budget Senator Rogers of the 21st offered the following amendment #1: Amend HB 485 (LC 18 8240S) by inserting after "commissioner;" on line 5 the following: to amend Code Section 48-8-45 of the Official Code of Georgia Annotated, relating to sales and use tax, reporting of sales, and deductibility of bad debts, so as to change provisions relating to deduction of bad debts by persons reporting on an accrual basis; to authorize refunds as well as deductions; By inserting between lines 86 and 87 the following: SECTION 1A. Code Section 48-8-45 of the Official Code of Georgia Annotated, relating to sales and use tax, reporting of sales, and deductibility of bad debts, is amended by revising subsection (d) as follows: "(d) An assignee of private label credit card debt purchased directly from a dealer without recourse or a credit card bank which extends such credit to customers under a private label credit card program shall be allowed a deduction or refund for private label credit card bad debts under rules and regulations of the commissioner on the same basis that private label credit card bad debts are allowed as a deduction or refund on state income tax returns. An issuer or assignee of private label credit card debt may claim its deduction or refund 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." On the adoption of the amendment, there were no objections, and the Rogers amendment #1 was adopted. Senators Chance of the 16th and Seabaugh of the 28th offered the following amendment #2: Amend HB 485 (LC 18 8240S) by inserting "tax" between "No" and "credit" on line 85. On the adoption of the amendment, there were no objections, and the Chance, Seabaugh 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: WEDNESDAY, APRIL 1, 2009 3959 Y Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance N Chapman N Cowsert Y Crosby Y Douglas N Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson Y Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers N Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tarver N Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson N Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 36, nays 17. HB 485, having received the requisite constitutional majority, was passed as amended. HB 487. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines and fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. 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 3960 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 February 16, 2009 The Honorable John Meadows State Representative Coverdell Legislative Office Building, Room 608-A Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 487 (LC 21 0323) Dear Representative Meadows: This bill would amend provisions relating to employee contributions under the Superior Court Clerks' Retirement Fund. Specifically, this bill would increase the amount of employee contributions paid by persons who first or again become members of the Fund on or after September 1, 2009. If this legislation is enacted, these persons would be required to pay $100 per month into the Fund. Currently, the employee contribution rate is $50 per month. Additionally, this bill would amend provisions relating to the collection of fines and fees under the Superior Court Clerks' Retirement Fund. If this legislation is enacted, the Board would collect $2.00 for each criminal or quasi-criminal case and for each civil action that is filed in a court in which the clerk is eligible for membership in the Fund. Currently, those fees are $1.75 and $1.00 respectively. Additionally, the fee for processing instruments relating to real estate would be increased from $.50 to $1.50. This is to certify that this bill 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 substitute to HB 487: WEDNESDAY, APRIL 1, 2009 3961 A BILL TO BE ENTITLED AN ACT To amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines; to provide for an additional payment to such fund; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by revising subsection (a) of Code Section 47-14-40, relating to application for membership in the fund, payments by members into the fund, and penalties for late payment, as follows: "(a) Any clerk, in order to participate in the benefits provided for in this chapter, shall make application to the Superior Court Clerks' Retirement Fund of Georgia upon forms to be furnished for that purpose by the board, giving such information as may be required by the board. He or she shall pay $50.00 per month into the fund; provided, however, that members who first or again become members on or after September 1, 2009, shall pay $100.00 per month into the fund. All clerks who made application and are accepted for membership in the fund shall remit to the board, not later than the tenth day of each subsequent month, the amount due under this subsection." SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 47-14-50, relating to payments to the fund from fines and bonds collected in criminal and quasicriminal cases, duty of collecting authority to record and remit, and penalty for late payment, as follows: "(b) The sum of $1.75 $2.00 shall be paid to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law if the case is tried in any court of this state in which the clerk of such court is eligible for membership in this retirement fund. The collecting authority shall pay such amounts to the board each month or at such other times as the board may provide. Such amounts shall be due on the first day of the month following the month in which they were collected but shall be deemed timely if received by the board on or before the fifteenth day of the month; provided, however, that for purposes of calculating late payment penalties, the due date shall be the first day of the month. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided for in this chapter." 3962 JOURNAL OF THE SENATE SECTION 3. Said chapter is further amended in Code Section 47-14-51, relating to payments to the fund from fees collected in certain civil actions and for recording of instruments pertaining to real estate, records, audit of records, and use of sums remitted, by adding a new subsection to read as follows: "(e) The sum of $1.00 shall be paid out of the fees charged and collected pursuant to Title 15 in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund is clerk and shall be remitted to the board as provided in subsection (c) of this Code section. Such fees shall include, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the superior courts or other such courts." 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. 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, 2009 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 487 (LC 21 0457S) WEDNESDAY, APRIL 1, 2009 3963 Dear Senator Heath: This substitute bill would amend provisions relating to employee contributions under the Superior Court Clerks' Retirement Fund. Specifically, this bill would increase the amount of employee contributions paid by persons who first or again become members of the Fund on or after September 1, 2009. If this legislation is enacted, these persons would be required to pay $100 per month into the Fund. Currently, the employee contribution rate is $50 per month. Additionally, this substitute bill would amend provisions relating to the collection of fines and fees under the Superior Court Clerks' Retirement Fund. If this legislation is enacted, the Board would collect $2.00 for each criminal or quasi-criminal case for violation of state law if the case is tried in a court in which the clerk is eligible for membership in the Fund. Currently, the fee collected by the Fund is $1.75 per case. Finally, this substitute bill would require $1.00 to be paid to the Superior Court Clerks' Retirement Fund from fees charged and collected in each civil suit, action, case, or proceeding filed in the Superior Courts or in any other court of this State in which the clerk is eligible for membership in the Fund. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor Senators Heath of the 31st and Smith of the 52nd offered the following amendment #1 to the committee substitute: Amend the Senate Retirement Committee substitute to HB 487 by inserting after "fund;" on line 4, the following: to amend Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees relative to the Peace Officers' Annuity and Benefit Fund, so as to provide for a certain employer contribution to such fund; By inserting following line 47 the following: SECTION 4. Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees relative to the Peace Officers' Annuity and Benefit Fund, is amended by adding a new Code section to read as follows: 3964 JOURNAL OF THE SENATE "47-17-61. The Composite State Board of Medical Examiners shall pay an employer contribution for each person who becomes a member of the fund pursuant to division (5)(I)(vi) of Code Section 47-17-1. Such contribution shall be the full actuarial cost of the member's participation as calculated by the actuary for the fund and shall be made on a monthly basis." By redesignating Sections 4 and 5 as Sections 5 and 6, respectively. 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 2009 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Amendment to HB 487 (LC 21 0457S) As Amended (AM 21 3664) Dear Chairman Heath: As amended, this bill would revise provisions relating to employee contributions under the Superior Court Clerks' Retirement Fund. Specifically, this bill would increase the amount of employee contributions paid by persons who first or again become members of the Fund on or after September 1, 2009. If this legislation is enacted, these persons would be required to pay $100 per month into the Fund. Currently, the employee contribution rate is $50 per month. Additionally, this bill would amend provisions relating to the collection of fines and fees WEDNESDAY, APRIL 1, 2009 3965 under the Superior Court Clerks' Retirement Fund. If this legislation is enacted, the Board would collect $2.00 for each criminal or quasi-criminal case for violation of state law if the case is tried in a court in which the clerk is eligible for membership in the Fund. Currently, the fee collected by the Fund is $1.75 per case. Furthermore, this bill would require $1.00 to be paid to the Superior Court Clerks' Retirement Fund from fees charged and collected in each civil suit, action, case, or proceeding filed in the Superior Courts or in any other court of this State in which the clerk is eligible for membership in the Fund. The proposed amendment (AM 21 3664) would revise provisions relating to revenues collected under the Peace Officers' Annuity and Benefit Fund. Effective July 1, 2008, persons employed by the Composite State Board of Medical Examiners as investigators became eligible to participate in the Fund. If this amendment is enacted, the Composite State Board of Medical Examiners would be required to pay an employer contribution for each of its employees who elect membership in the Fund. The Board would be required to pay the full actuarial cost of the member's participation as calculated by the actuary for the Fund. Currently, the employer contribution for such members is funded through the fines, fees, and bond forfeitures. This is to certify that this amendment (AM 21 3664) 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 Heath, 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 Y Brown Y Buckner Y Bulloch Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims 3966 JOURNAL OF THE SENATE Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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. HB 487, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th was excused as a conferee. HB 488. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to provide eligibility criteria for creditable service; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. 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 WEDNESDAY, APRIL 1, 2009 3967 Russell W. Hinton State Auditor (404) 656-2174 February 16, 2009 The Honorable John Meadows State Representative Coverdell Legislative Office Building, Room 608-A Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 488 (LC 21 0322) Dear Representative Meadows: This bill would amend provisions relating to retirement benefits under the Superior Court Clerks' Retirement Fund. Specifically, this bill would prohibit any member from being credited with service for any time in which the member was not in compliance with the training requirements outlined in Code Section 15-6-50(c) of the Official Code of Georgia Annotated. The provisions of this legislation would apply to persons who first or again become members of the Superior Court Clerks' Retirement Fund on or after September 1, 2009. This is to certify that this bill 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 Buckner Y Bulloch Y Butler Y Butterworth Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton 3968 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Stoner Y Tarver Y Tate Y Thomas 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. HB 488, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Kasim Reed District 35 420-D Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Ethics Judiciary Special Judiciary State and Local Governmental Operations Transportation Urban Affairs The State Senate Atlanta, Georgia 30334 4/1/09 To the Secretary of the Senate, Please register a "yes" vote on HB 488, my voting machine malfunctioned. Sincerely, /s/ Kasim Reed The following messages were received from the House through Mr. Rivers, the Clerk thereof: WEDNESDAY, APRIL 1, 2009 3969 Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th, Reece of the 11th and Dawkins-Haigler of the 93rd: A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes to the following Bills of the House: HB 464. By Representatives Reece of the 11th, Hill of the 21st, Jerguson of the 22nd, Greene of the 149th, Stephens of the 164th 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 modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 3970 JOURNAL OF THE SENATE HB 475. By Representatives Cooper of the 41st, Harbin of the 118th, Lindsey of the 54th, Houston of the 170th, Wilkinson of the 52nd 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 revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; to provide for related matters; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; 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 Bill of the House: HB 156. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 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 amendment to the following Bill of the House: WEDNESDAY, APRIL 1, 2009 3971 HB 46. By Representatives Roberts of the 154th, Golick of the 34th, Pruett of the 144th, Cole of the 125th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Title 48 of the OC.G.A., relating to revenue and taxation, so as to provide for an exemption for a limited period of time with respect to state sales and use taxes applicable to sales of dyed fuel oils, as defined in paragraph (5.1) of Code Section 48-9-2, which are used exclusively for agricultural purposes, timber growing or harvesting purposes, or mining or construction purposes and used directly by such industry sectors for such purposes and not for highway use as defined in paragraph (8) of Code Section 48-9-2; to provide for legislative findings; 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 ratify an executive order of the Governor suspending the collection of such taxes; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes to the following Bills of the House: HB 127. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the federal Electronic Signatures in Global and National Commerce Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 476. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain members; to repeal conflicting laws; and for other purposes. 3972 JOURNAL OF THE SENATE The Calendar was resumed. HB 492. By Representatives Neal of the 1st, Scott of the 2nd, Hill of the 180th, Stephens of the 164th and Hudson of the 124th: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; 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 Economic Development Committee offered the following substitute to HB 492: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates, time-share programs, time-share projects, or time-share uses; to provide for the application of certain restrictive covenants; to provide for exceptions to certain ordinances and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, is amended by adding a new Code section to read as follows: "44-3-162.1. (a) As used in this Code section, the term: (1) 'Private residence club' means an improvement located on real property, including, but not limited to, a single-family residence, the title to which is held by a maximum of eight individuals as tenants in common in fee simple or by a limited liability company containing not greater than eight members, and the use of such improvement or residence includes, without limitation, exclusive occupancy for certain time periods which are determined among the titleholders or limited liability company members by project instrument, including, but not limited to, a declaration WEDNESDAY, APRIL 1, 2009 3973 of restrictive covenants, a contract, or otherwise. A private residence club may or may not be located in a private residence club development. (2) 'Private residence club development' means a development of at least two private residence clubs in which the titleholders or members of the limited liability company, as respects to each private residence club, contractually agree by project instrument, contract, or otherwise to permit occupancy for certain time periods to the titleholders or members of the limited liability company as exist with respect to any or all of the private residence clubs in the private residence club development. (b) Neither a private residence club nor a private residence club development shall be considered a time-share estate, time-share program, time-share project, or time-share use under this article, and this article shall not be applicable to private residence clubs or private residence club developments; provided, however, that, notwithstanding the foregoing, if there exists a restrictive covenant on real estate that restricts or prohibits time-share estates, time-share programs, time-share projects, or time-share uses, such restrictive covenants shall equally restrict or prohibit a private residence club and a private residence club development unless such restrictive covenant expressly states that it does not apply to private residence clubs and private residence club developments. No zoning, subdivision, or building code or other real estate use ordinance or regulation shall prohibit a private residence club form of ownership or impose any requirement upon a private residence club which it does not impose upon a physically identical improvement or development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any division of an improvement, including a single-family residence, into a private residence club or private residence club development." 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 Balfour Y Brown Y Hawkins Y Heath Y Henson Y Rogers Y Seabaugh Y Seay 3974 JOURNAL OF THE SENATE Y Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 492, having received the requisite constitutional majority, was passed by substitute. Senator Weber of the 40th asked unanimous consent that HB 493 be placed on the Table. The consent was granted, and HB 493 was placed on the Table. HB 509. By Representatives Cooper of the 41st, Rice of the 51st, Lindsey of the 54th, Channell of the 116th, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to provide for a contingency and effective dates; 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 509: WEDNESDAY, APRIL 1, 2009 3975 A BILL TO BE ENTITLED AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to provide for comprehensive revision to the regulation of such professions; to provide for definitions; to establish the Georgia Composite Medical Board to regulate physicians, acupuncturists, physician assistants, cancer and glaucoma treatment, respiratory care practice, clinical perfusionists, orthotics and prosthetics, and cosmetic laser services; to provide for the process of selection and removal to and from the board; to provide for the powers and duties of the board; to provide for the requirement of an oath of office for board members; to provide for the election of officers of the board; to provide for allowances for the board members; to provide for a chairperson of the board; to provide for powers and duties of the chairperson; to provide for peer review of certain medical professionals; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to provide for a short title; to provide that a license is required to practice medicine; to provide for certain standards, conditions, and requirements to practice medicine; to provide for the delegation of certain duties from physicians to nurses or physician assistants; to provide penalties for practicing medicine without a license; to provide for the delegation of tasks involving polysomnography; to require a license to practice acupuncture; to provide certain standards, conditions, and requirements to practice acupuncture; to provide for a penalty for practicing acupuncture without a license; to require a license to act as a physician assistant; to provide certain standards, conditions, and requirements prior to licensure as a physician assistant; to provide for certain responsibilities for physician assistants; to provide for the review of physician assistants; to require certification to practice respiratory care; to provide certain standards, conditions, and requirements prior to certification as a respiratory therapist; to provide a penalty for practicing respiratory care without certification; to require a license to act as a clinical perfusionist; to provide for a temporary license to act as a clinical perfusionist; to provide for certain standards, conditions, and requirements prior to licensure as a clinical perfusionist; to provide a penalty for acting as a clinical perfusionist without a license; to require a license to practice orthotics and prosthetics; to provide for certain standards, conditions, and requirements prior to licensure to practice orthotics and prosthetics; to provide for a penalty for practicing orthotics and prosthetics without a license; to revise laws relating to cosmetic laser services; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide that a physician assistant can make a pronouncement of death under certain circumstances for purposes of vital records; to provide for related matters; to provide for a contingency and effective dates; to repeal 3976 JOURNAL OF THE SENATE 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 Chapter 34 as follows: "CHAPTER 34 ARTICLE 1 43-34-1. Reserved. As used in this chapter, the term: (1) 'Board' means the Georgia Composite Medical Board. (2) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of this chapter. (3) 'To practice medicine,' 'the practice of medicine,' or 'practicing medicine' shall have the same meaning as in paragraph (3) of Code Section 43-34-21. 43-34-2. Reserved. 43-34-21 43-34-2. (a) A board is established to be known as the Composite State Board of Medical Examiners Georgia Composite Medical Board. All members of the board The board shall be composed of 15 members, all of whom shall be citizens of the United States and residents of this state. All appointments to the board shall be made by the Governor and confirmed by the Senate. (b) Twelve Thirteen of the members shall be actively practicing physicians of integrity and ability and shall be duly licensed hold unrestricted licenses to practice medicine in this state. Ten Eleven of the 12 13 physician members shall be graduates of reputable medical schools conferring the M.D. degree; the other two physician members shall be graduates of reputable osteopathic medical schools conferring the D.O. degree. All of the physician members shall have been engaged in the active practice of their profession within this state for a period of at least five years prior to their appointment. Any vacancy occurring in a post held by a holder of the D.O. degree shall be filled by a D.O. from the state at large and any vacancy occurring in a post held by an M.D. degree shall be filled by an M.D. (c) The thirteenth member of the board shall be appointed from the state at large and fourteenth and fifteenth members of the board shall have no connection whatsoever with the practice of medicine and may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of WEDNESDAY, APRIL 1, 2009 3977 physicians in this state. (d) The board shall perform such duties and possess and exercise such powers relative to the protection of the public health and the control of regulation of the practice of medicine and osteopathy as this chapter prescribes and confers upon it and shall have the power to carry out investigations, either through the executive director or independently; provided, however, that the member of the board who is not a practicing physician may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of physicians in this state. Any member of the board may be removed from his or her position and generate an open position on the board: (1) By a majority vote of the members of the board if a member of the board misses three or more consecutive meetings or misses more than one-third of all meetings including meetings conducted by teleconference, without a valid medical reason or reasons deemed excusable, which removal shall not be effective unless approved by the Governor; or (2) By the Governor if the board member: (A) Has willfully neglected his or her duty as a board member; (B) Has been convicted of a crime involving moral turpitude; (C) Has been convicted of a felony; (D) Is no longer in the active practice of medicine, if a physician member; (E) Is no longer a resident of the State of Georgia; or (F) Has received any restriction of his or her medical license in Georgia or any other state, if a physician member. (e)(1) The board shall appoint a Physician's Physician Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four licensed physician's physician assistants, who shall each serve for terms of office of two years and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physician's physician assistants, including but not limited to applicants for physician's physician assistant licensure and relicensure and education requirements therefor, and proposed board regulations concerning physician's physician assistants. The committee shall periodically make recommendations to the board regarding matters reviewed. Each member of the advisory committee shall be entitled to the same expense allowances, mileage allowances, and reimbursement as members of the board as provided for in subsection (f) of Code Section 43-1-2 for in this chapter. (2) The committee shall appoint a physician's physician assistant in an advisory capacity to the board. The advisory person shall serve at the pleasure of the committee as an ex officio adviser to the board in all matters relating to physician's physician assistants and shall share in the privileges and benefits of the board without a vote. (f) The board shall examine applicants to test their review applicants' qualifications to practice medicine for licensure, certification, or permitting pursuant to this chapter. (g) When funds are specifically appropriated for such purpose, the board shall publish an informational booklet on breast cancer and the treatment of breast cancer. The 3978 JOURNAL OF THE SENATE booklet shall contain a summary of the latest information on breast cancer and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing methods of treatment. A copy of the booklet shall be made available by the board to every appropriate physician in the state. A letter by the board shall accompany this booklet stating that the board urges the physician to distribute a copy of the booklet to each and every patient whose suspected disease, disease, or course of treatment is covered by the material in the booklet. Copies shall also be available to any person upon request at a fee prescribed by the executive director sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary. (h)(g) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs. 43-34-22 43-34-3. The terms of office of members of the Composite State Board of Medical Examiners in office on June 30, 1999, shall expire July 1, 1999, except that the Governor by executive order may provide that such terms expire after July 1, 1999, but no later than July 1, 2000, and upon the appointment and qualification of their respective successors. Those successors shall be appointed by the Governor for terms of office beginning on the later of July 1, 1999, or the date immediately following the expiration of the terms of office of those members in office on June 30, 1999, with four of such successors to have initial terms of one year, four of such successors to have initial terms of two years, and five of such successors to have initial terms of three years. The Governor shall specify the initial terms of office for each of those successors at the time of their appointment. Upon the expiration of such initial terms, successors to members of the board whose terms of office expire shall serve for terms of four years each. (a) The members of the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, in office on June 30, 2009, shall continue to serve out their respective terms and until their respective successors are appointed and qualified. The two new board members added as of July 1, 2009, pursuant to Code Section 43-34-2 shall be appointed by the Governor to serve as members of the board for terms of office beginning on July 1, 2009. The terms of office of the two new members shall be for two years and three years, respectively, with the Governor to specify the initial term of office for each new member at the time of his or her appointment. Upon the expiration of such initial terms, successors to such members of the board whose terms of office expire shall serve for terms of four years each. (b) Terms of office of members of the board shall be four years. Members of the board shall serve for the terms specified and until their respective successors are appointed and qualified. All reappointments and new appointments shall be made so that the various geographic regions of the state shall be represented. Any vacancy that may occur in the board as a result of death, resignation, removal relocation from the state, or WEDNESDAY, APRIL 1, 2009 3979 other cause shall be filled for the unexpired term in the same manner as regular appointments are made. 43-34-23 43-34-4. Immediately and before entering upon the duties of office, the members of the board shall take the constitutional oath of office and shall file the same in the office of the Governor, who, upon receiving the oath of office, shall issue to each member a certificate of appointment. 43-34-24 43-34-5. (a) Immediately after the appointment and qualification of the members, the The board shall meet and organize and shall annually elect a president and vice-president chairperson and vice chairperson. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2 may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Each board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the mileage allowance for the use of a personal car equal to that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by board members are subject to approval of the chairperson and executive director. Out-of-state travel by board members must be approved by the board chairperson and the executive director. (b) The board shall hold two regular meetings each year, one in May or June and one in October month, unless in the discretion of the chairperson it is deemed unnecessary for a particular month. Called meetings may be held at the discretion of the president. The board shall adopt a seal, which must be affixed to all licenses issued by the board chairperson. (c) The board shall from time to time adopt such rules and regulations as it may deem necessary for the performance of its duties and shall examine and pass upon the qualifications of applicants for the practice of medicine have the following powers and duties: (1) To adopt, amend, and repeal such rules and regulations in accordance with this chapter necessary for the proper administration and enforcement of this chapter; (2) To adopt a seal by which the board shall authenticate the acts of the board; (3) To establish a pool of qualified physicians to act as peer reviewers and expert witnesses and to appoint or contract with physicians professionally qualified by education and training, medical associations, or other professionally qualified organizations to serve as peer reviewers; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any 3980 JOURNAL OF THE SENATE medical association or related entity by contract or otherwise; (4) To employ a medical director and other staff to implement this chapter and provide necessary and appropriate support who shall be subject to the same confidentiality requirements of the board; (5) To keep a docket of public proceedings, actions, and filings; (6) To set its office hours; (7) To set all reasonable fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation; (8) To establish rules regarding licensure and certification status, including but not limited to inactive status, as the board deems appropriate; (9) To issue, deny, or reinstate the licenses, certificates, or permits of duly qualified applicants for licensure, certification, or permits under this chapter; (10) To revoke, suspend, issue terms and conditions, place on probation, limit practice, fine, require additional medical training, require medical community service, or otherwise sanction licensees, certificate holders, or permit holders; (11) To renew licenses, certificates, and permits and set renewal and expiration dates and application and other deadlines; (12) To approve such examinations as are necessary to determine competency to practice under this chapter; (13) To set examination standards, approve examinations, and set passing score requirements; (14) To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases; (15) To initiate investigations for the purposes of discovering violations of this chapter; (16) To administer oaths, subpoena witnesses and documentary evidence including medical records, and take testimony in all matters relating to its duties; (17) To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50; (18) To conduct investigative interviews; (19) To issue cease and desist orders to stop the unlicensed practice of medicine or other profession licensed, certified, or permitted under this chapter and impose penalties for such violations; (20) To request injunctive relief or refer cases for criminal prosecution to appropriate enforcement authorities; (21) To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state; (22) To sue and be sued in a court of competent jurisdiction; and (23) To enter into contracts. (d) A license issued by the board shall not be limited or restricted to a particular medical specialty. 43-34-24.1 43-34-6. WEDNESDAY, APRIL 1, 2009 3981 (a) The board shall not be under the jurisdiction of the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and submit the budget for the board. The board shall not be a professional licensing board but shall have with respect to all matters within the jurisdiction of the Composite State Board of Medical Examiners board as provided under this chapter the powers, duties, and functions of such professional licensing boards as provided in Chapter 1 of this title. (b) The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection. The executive director shall have, with respect to the board, the same powers, duties, and functions granted to the division director with respect to professional licensing boards under Chapter 1 of this title but without being subject to any approval or other powers exercised by the Secretary of State. (c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president chairperson of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board. (d) Licenses, certificates, and permits issued by the board which are shall be subject to renewal and shall be valid for up to two years unless otherwise specified by this chapter and shall be renewable biennially on the renewal date established by the board. (e) The board, through the executive director, may hire investigators for the purpose of conducting investigations for the board and those persons shall be designated as investigators and have the powers, duties, and status of investigators for professional licensing boards under Code Section 43-1-5. Any person so employed shall be considered to be a peace officer and shall have all powers, duties, and status of a peace officer of this state; provided, however, that such investigators shall only be authorized, upon written approval of the executive director, notwithstanding Code Sections 16-11126, 16-11-128, and 16-11-129, to carry firearms in the performance of their duties and exercise the powers of arrest in the performance of their duties. Notwithstanding the provisions of Code Section 50-4-3 and with the concurrence of the board, the Department of Community Health shall be authorized to employ and provide for the compensation of staff as is necessary to assist in carrying out the functions of the board. Staff so hired shall be subject to the rules and confidentiality requirements of the board and to the supervision of the executive director of the board. (f) The venue of any action involving members of the board shall be governed by the laws of this state relating to venue the county in which is found the primary office of the governmental entity of which the defendant is an officer. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction. (g) The board shall give point credit to veterans in the same manner as required for 3982 JOURNAL OF THE SENATE professional licensing boards under Code Sections 43-1-9 through 43-1-13. (h) Persons appointed to the board shall be subject to Senate confirmation as provided in Code Section 43-1-16 and subject to removal as provided in Code Section 43-1-17. (i)(h) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (j) The board, through the executive director, shall hire such personnel as it deems necessary to carry out its functions under this chapter and may appoint professionally qualified persons to serve as members of peer review committees; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise. (k)(i) The board executive director shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which report shall be submitted to the commissioner of community health, and shall be made available to any member of the General Assembly upon request. (j) The executive director, with the approval of the board, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required of the board. 43-34-7. The executive director shall prepare and maintain a roster containing the names and business addresses of all current licensees, certificate holders, and permit holders for each of the various professions regulated by the Georgia Composite Medical Board. A copy of the roster shall be available to any person upon request at a fee prescribed by the board sufficient to cover the cost of printing and distribution. The following shall be treated as confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board: (1) Applications and other personal information submitted by applicants, except to the applicant, the staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; (3) Examination questions and other examination materials, except to the staff and the board; and (4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes; provided, however, that such deliberations may be released only to another state or federal enforcement agency or lawful licensing authority. Releasing the documents pursuant to this paragraph shall not subject any otherwise privileged documents to the provisions of Code Section 50-18-70. 43-34-37 43-34-8. (a) The board shall have authority to refuse to grant a license, certificate, or permit to an applicant or to discipline a physician licensed under this chapter a person regulated under this chapter or any antecedent law upon a finding by the board that the licensee, WEDNESDAY, APRIL 1, 2009 3983 certificate holder, or permit holder or applicant has: (1) Failed to demonstrate the qualifications or standards for a license, certificate, or permit contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all requirements for the issuance of a license; and, if the board is not satisfied as to the applicant's qualifications, it shall not issue a license, certificate, or permit; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of medicine of a profession licensed, certified, or permitted under this chapter or in any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining a license, certificate, or permit under this chapter to practice medicine pursuant to this chapter, or made a false statement or deceptive biennial registration with the board; (3) Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States. As used in this paragraph, the term 'conviction of a felony' shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law, without regard to its designation elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon; (4) Committed a crime involving moral turpitude, without regard to conviction; the conviction of a crime involving moral turpitude shall be evidence of the commission of such crime. As used in this paragraph, the term 'conviction' shall have the meaning prescribed in paragraph (3) of this subsection. For the purpose of this chapter, a conviction or plea of guilty or of nolo contendere to a charge or indictment by either federal or state government for income tax evasion shall not be considered a crime involving moral turpitude; (5) Had his or her license, certificate, or permit to practice medicine pursuant to this chapter revoked, suspended, or annulled by any lawful licensing authority; or had other disciplinary action taken against him or her by any lawful licensing authority; or been denied a license by any lawful licensing authority; (6) Advertised for or solicited patients; obtained a fee or other thing of value on the representation that a manifestly incurable disease can be permanently cured; or made untruthful or improbable statements, or flamboyant or extravagant claims concerning his or her professional excellence or treatment protocols; (7) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term 'unprofessional conduct' shall include any departure from, or failure to conform to, the minimal minimum standards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, or diagnostic procedures which are detrimental to the patient as determined by the minimal 3984 JOURNAL OF THE SENATE minimum standards of acceptable and prevailing medical practice or by rule of the board; (8) Performed, procured, or aided or abetted in performing or procuring a criminal abortion; (9) Knowingly maintained a professional connection or association with any person who is in violation of this chapter or the rules or regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice medicine pursuant to this chapter contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or entity to practice medicine pursuant to this chapter; or divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient; (10) Violated or attempted to violate a law, rule, or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates the practice of medicine, when the licensee or applicant knows or should know that such action is violative of such law, rule, or regulation; or violated a lawful order of the board, previously entered by the board in a disciplinary hearing; (11) Committed any act or omission which is indicative of bad moral character or untrustworthiness; (11.1) Failed to attempt to inform a patient, in a timely manner, that the physician has received the results of a laboratory test. The board shall promulgate rules for the implementation of this paragraph no later than January 1, 2002. Any physician who complies with the rules promulgated by the board for informing his or her patient that the results of any laboratory test have been received shall be immune from any civil or criminal liability for such disclosure; (12) Been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this state. Any such adjudication shall automatically suspend the license, certificate, or permit of any such person and shall prevent the reissuance or renewal of any license, certificate, or permit so suspended for as long as the adjudication of incompetence is in effect unless the board, upon a finding that the licensee, certificate holder, or permit holder is mentally competent, orders otherwise. Any applicant who has been so adjudged to be mentally incompetent shall not receive a license, certificate, or permit unless the board, upon a finding that the applicant is mentally competent, orders otherwise; or (13) Become unable to practice medicine pursuant to this chapter with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition: (A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee, certificate holder, permit holder, or applicant to submit to a mental or physical examination by physicians designated by the board. The expense of this WEDNESDAY, APRIL 1, 2009 3985 examination shall be borne by the licensee, certificate holder, or permit holder or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine in this state a profession regulated under this chapter or who shall file an application for a license to practice medicine a profession regulated under this chapter in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee, certificate holder, or permit holder or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee, certificate holder, permit holder, or applicant who is prohibited from practicing medicine pursuant to this chapter under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of medicine pursuant to this chapter with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee, certificate holder, or permit holder or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine pursuant to this chapter in this state or who shall file an application to practice medicine pursuant to this chapter in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitute a privileged communication; and (C) If any licensee, certificate holder, or permit holder or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee, certificate holder, or permit holder or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee, certificate holder, or permit holder or applicant in any other type of proceeding.; (14) Cheated on or attempted to subvert an examination by the board; (15) Committed an act of sexual abuse, misconduct, or exploitation of a patient including guardians and parents of minors; (16) Mistreated or abandoned a patient or his or her records; provided, however that a 3986 JOURNAL OF THE SENATE physician in compliance with Chapter 33 of Title 31 shall not be considered to have abandoned patient records; (17) Entered into conduct which discredits the profession; (18) Failed to furnish records, including, but not limited to, medical records, to the board in response to a subpoena or failed to answer questions on the renewal of the license, certificate, or permit; (19) Failed to maintain appropriate medical or other records as required by board rule; (20) Failed to follow generally accepted infection control procedures or Occupational Safety and Health Administration (OSHA) standards; (21) Failed to comply with federal laws and standards relating to the practice of medicine or other health care profession regulated under this chapter, the regulations of drugs, the delivery of health care, or other related laws; (22) Failed to comply with an order for child support as defined by Code Section 1911-9.3; it shall be incumbent upon the applicant, licensee, certificate holder, or permit holder to supply a notice of release to the board from the appropriate child support authorities within the Department of Human Resources indicating that the licensee, certificate holder, permit holder, or applicant has come into compliance with an order for child support so that a license, certificate, or permit may be issued if all other conditions for the issuance of a license, certificate, or permit are met; (23) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant, licensee, certificate holder, or permit holder to supply the notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the licensee, certificate holder, permit holder, or applicant has entered into satisfactory repayment status so that a license, certificate, or permit may be issued or granted if all other conditions for issuance of a license, certificate, or permit are met; or (24) Except for practice settings identified in paragraph (7) of subsection (g) of Code Section 43-34-26 and arrangements approved by the board prior to July 1, 2009, as set forth in subsection (k) of Code Section 43-34-103, been a physician that has been or is employed by one the physician: (A) Delegates medical acts to: (B) Enters a protocol or job description with; or (C) Is responsible for supervising. (a.1) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section. (b)(1) When the board finds that any person is unqualified to be granted a license, certificate, or permit or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (A) Refuse to grant a license, certificate, or permit to an applicant; WEDNESDAY, APRIL 1, 2009 3987 (B) Place the licensee, certificate holder, or permit holder on probation for a definite or indefinite period with terms and conditions; (C) Administer a public or private reprimand, provided that a private reprimand shall not be disclosed to any person except the licensee, certificate holder, or permit holder; (C)(D) Suspend any license, certificate, or permit for a definite or indefinite period; (D)(E) Limit or restrict any license, certificate, or permit; (E)(F) Revoke any license, certificate, or permit; or (F) Condition the penalty, or withhold formal disposition, upon the physician's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board. (G) Impose a fine not to exceed $3,000.00 for each violation of a law, rule, or regulation relating to the licensee, certificate holder, permit holder or applicant; (H) Impose a fine in a reasonable amount to reimburse the board for the administrative costs; (I) Require passage of a board approved minimum competency examination; (J) Require board approved medical education; (K) Condition the penalty, or withhold formal disposition, which actions shall be kept confidential, unless there is a public order upon the licensee or applicant, certificate holder, or permit holder's submission to the care, counseling, or treatment by physicians or other professional persons and the completion of such care, counseling, or treatment, as directed by the board; or (L) Require a board approved mental and physical evaluation of all licensees, certificate holders, or permit holders. (2) In addition to and in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection, the board may make a finding adverse to the licensee, certificate holder, permit holder, or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the physician licensee, certificate holder, permit holder, or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (3) Neither the issuance of a private reprimand nor the denial of a license, certificate, or permit nor the denial of a request for reinstatement of a revoked license, certificate, or permit nor the refusal to issue a previously denied license, certificate, or permit 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 shall not be required, but the applicant or licensee, certificate holder, or permit holder shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the holder of a license, certificate, or permit or an applicant. 3988 JOURNAL OF THE SENATE (b.1) The board shall suspend the license, certificate, or permit of a person licensed by the board who has been certified by a federal agency and reported to the board for nonpayment or default or breach of a repayment or service obligation under any federal education loan, loan repayment, or service conditional scholarship program. Prior to the suspension, the licensee, certificate holder, or permit holder shall be entitled to notice of the board's intended action and opportunity to appear before the board according to procedures set forth in the board's rules and regulations. A suspension of a license, certificate, or permit under this subsection is not a contested case under Chapter 13 of Title 50, 'Georgia Administrative Procedure Act.' A license, certificate, or permit suspended under this Code section shall not be reinstated or reissued until the person provides the board a written release issued by the reporting agency 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 the person has continued to meet all other requirements for issuance of a license, certificate, or permit during the period of suspension, reinstatement of the license, certificate, or permit shall be automatic upon receipt of the notice and payment of any reinstatement fee which the board may impose. (c) In its discretion, the board may restore and reissue a license, certificate, or permit to practice medicine issued under this chapter or any antecedent law and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter. (d) The executive director is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she, or the board, or any district attorney may deem necessary or advisable in the enforcement of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material, except that as to which privilege has not been denied or deemed waived by this chapter, and which is deemed by the president chairperson of the board, or vice-president vice chairperson if the president chairperson is not available, to be related to the fitness of any licensee, certificate holder, permit holder, or applicant to practice medicine pursuant to this chapter. The executive director or the president chairperson of the board, or vice-president vice chairperson if the president chairperson is not available, may issue subpoenas to compel such access. When a subpoena is disobeyed, the board may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court. The results of any investigations whatsoever shall be reported only to the board, and the records of such investigations shall be kept by the board; no part of any such record shall be released for any purpose other than a hearing before the board and as provided in Chapter 34A of this title; nor shall such records be subject to subpoena. The board shall be authorized to release records that are not otherwise confidential or privileged only to another state or federal enforcement agency or lawful licensing authority and such release shall not alter the confidential or privileged nature of the documents. (e) In any hearing to determine a licensee's, certificate holder's, permit holder's, or WEDNESDAY, APRIL 1, 2009 3989 applicant's fitness to practice medicine pursuant to this chapter, any record relating to any patient of the licensee, certificate holder, permit holder, or applicant shall be admissible into evidence, regardless of any statutory privilege which such patient might otherwise be able to invoke. In addition, no such patient may withhold testimony bearing upon a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter on the ground of privilege between such licensee, certificate holder, permit holder, or applicant and such patient. Any testimony or written evidence relating to a patient of a licensee, certificate holder, permit holder, or applicant or to the record of any such patient shall be received by the board in camera and shall not be disclosed to the public. (f) In any hearing in which the fitness of a licensee, certificate holder, permit holder, or applicant to practice medicine pursuant to this chapter is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when in its discretion it deems it necessary, speak to a licensee, certificate holder, permit holder, or applicant in private. (g) This Code section is enacted in the public welfare and shall be liberally construed. (h) A person, partnership, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee, certificate holder, permit holder, or applicant which violate the provisions of subsection (a) of this Code section or any other provisions of law relating to a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter or for initiating or conducting proceedings against such licensee, certificate holder, permit holder, or applicant, if such report is made or action is taken in good faith without fraud or malice. Any person who testifies in good faith without fraud or malice before the board in any proceeding involving a violation of subsection (a) of this Code section or any other law relating to a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter, or who makes a recommendation to the board in the nature of peer review, shall be immune from civil and criminal liability for so testifying. (h) Peer review conducted pursuant to this Code section shall be subject to the provisions of Article 6 of Chapter 7 of Title 31, relating to medical peer review groups. Any person providing information for purposes of peer review under this Code section and any person providing information to the board under this Code section shall not be criminally or civilly liable in any way for such actions unless: (1) Such information is unrelated to the carrying out of peer review under this Code section; or (2) Such information is false and the person disclosing such information knew that such information was false. (i) This Code section is enacted in the public welfare and shall be liberally construed. (i)(j) The board shall investigate a licensee's, certificate holder's, or permit holder's fitness to practice medicine pursuant to this chapter if the board has received a notification, pursuant to Code Section 33-3-27, regarding that licensee, certificate holder, or permit holder of a medical malpractice judgment or settlement in excess of 3990 JOURNAL OF THE SENATE $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee, certificate holder, or permit holder relating to the practice of medicine pursuant to this chapter involving an action for medical malpractice. Every licensee, certificate holder, or permit holder shall notify the board of any settlement or judgment involving the licensee, certificate holder, or permit holder involving an action for medical malpractice. (j)(k) The board shall may conduct an assessment of a licensee's, certificate holder's, or permit holder's fitness to practice medicine pursuant to this chapter if it has disciplined the licensee, certificate holder, or permit holder three times in the last ten years as a result of an action for medical malpractice. The assessment shall include an examination of the licensee's, certificate holder's, or permit holder's entire history with respect to the practice of medicine pursuant to this chapter and a one-day on-site visit to the licensee's, certificate holder's, or permit holder's current practice location. The assessment shall be completed within six months of the third disciplinary action. As a result of its findings the board may take any action it deems necessary to reduce medical errors and promote patient safety, including revocation, suspension, or limiting the licensee's, certificate holder's, or permit holder's license, certificate, or permit or requiring additional clinical training, additional continuing medical education, proctoring, or referral to appropriate rehabilitation facilities. As used in this subsection, the term 'action for medical malpractice' shall have the same meaning as provided in Code Section 9-3-70. The board shall implement this subsection upon the effective date of a specific appropriation of funds for purposes of this subsection as expressed in a line item making specific reference to the full funding of this subsection in an appropriations Act enacted by the General Assembly. (l) If any licensee, certificate holder, permit holder, or applicant after 30 days' notice fails to appear at any hearing of the board for that licensee, certificate holder, permit holder, or applicant, the board may proceed to hear the evidence against such licensee, certificate holder, permit holder, or applicant and take action as if such licensee, certificate holder, permit holder, or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee, certificate holder, permit holder, or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee, certificate holder, permit holder, or applicant cannot, after diligent effort, be located, the executive director shall be deemed to be the agent for service for such licensee, certificate holder, permit holder, or applicant for purposes of this Code section, and service upon the executive director shall be deemed to be service upon the licensee, certificate holder, permit holder, or applicant. (m) The voluntary surrender of a license, certificate, or permit or the failure to renew a license, certificate, or permit by the end of the established penalty period shall have the same effect as a revocation of said license, certificate, or permit, subject to WEDNESDAY, APRIL 1, 2009 3991 reinstatement in the discretion of the board. The board may restore and reissue a license, certificate, or permit to practice under this chapter and, as a condition thereof, may impose any disciplinary sanction provided by this Code section. (n) Subsections (a) and (b) of this Code section shall be supplemental to and shall not operate to prohibit the board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for the board. In cases where those other provisions are law so authorize other disciplinary grounds and actions but subsections (a) and (b) of this Code section limit such grounds for action, those other provisions shall apply. (o) The board shall publish all final public disciplinary actions taken against a licensee, certificate holder, or permit holder pursuant to this chapter on its official website. 43-34-38 43-34-9. Proceedings before the board wherein a licensee's, certificate holder's, or permit holder's right to practice medicine pursuant to this chapter in this state is terminated, suspended, or limited or wherein a public reprimand is administered shall require prior notice to the licensee and an opportunity for hearing; and such proceedings shall be considered contested cases within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Neither refusal of a license, certificate, or permit nor a private reprimand nor a letter of concern shall be considered a contested case within the meaning of Chapter 13 of Title 50, and notice and hearing within the meaning of such chapter shall not be required; but the applicant physician shall be allowed to appear before the board if he so requests provided, however, that the applicant shall be allowed to appear before the board, if the applicant so requests, prior to the board making a final decision regarding the issuance of the license, certificate, or permit. The power to subpoena as set forth in Chapter 13 of Title 50 shall include the power to subpoena any book, writing, paper, or document. If any licensee, certificate holder, or permit holder fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee, certificate holder, or permit holder and take action as if such licensee, certificate holder, or permit holder had been present. 43-34-10. Any licensee, certificate holder, or permit holder who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (5) of Code Section 16-1-3 shall be required to notify the board of the conviction within ten days of the conviction. The failure to notify the board of a conviction shall be considered grounds for revocation of his or her license, certificate, permit, or other authorization to conduct a profession regulated under this chapter. 43-34-3 43-34-11. (a)(1) The board shall be authorized to require persons seeking renewal of a license, or certificate, or permit under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to 3992 JOURNAL OF THE SENATE approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. This paragraph shall not apply to respiratory care professionals or persons seeking renewal of certification as respiratory care professionals. (2) The board shall be authorized to require persons seeking renewal of certification as respiratory care professionals under Article 6 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of certification as a respiratory care professional and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-143. (b)(1) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or in cases where physicians or physicians' physician assistants are serving in fellowships, new specialty residencies, postgraduate specialty programs, the United States Congress or Georgia General Assembly, or under such other circumstances as the board deems appropriate. (2) The board shall require no more than 20 hours of continuing education annually for retired physicians who have an active license and who provide uncompensated health care services pursuant to Code Section 43-34-45.1 43-34-41 or Article 8 of Chapter 8 of Title 31; provided, however, that the board shall be authorized to require up to 40 hours of continuing education for retired physicians who have not had an active license to practice medicine for up to five years. (c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) This Code section shall apply to each licensing, certification, permit, and renewal cycle which begins after the 1990-1991 renewal. 43-34-12. (a) For purposes of this chapter, the term 'radiologist assistant' means an advanced level certified diagnostic radiologic technologist who assists radiologists under levels of supervision defined by the Georgia Composite Medical Board in performing advanced diagnostic imaging procedures as determined by board rule, including, but not limited to, enteral and parenteral procedures when performed under the direction of the supervising radiologist and may include injecting diagnostic agents to sites other than intravenous, performing diagnostic aspirations and localizations, and assisting radiologists with other invasive procedures. (b) This Code section is for definitional purposes only and shall not be construed to require any duties or obligations regarding radiology assistants that did not already exist as of June 30, 2009. WEDNESDAY, APRIL 1, 2009 3993 ARTICLE 2 43-34-20. This article shall be known as the 'Medical Practice Act of the State of Georgia.' 43-34-21. As used in this article, the term: (1) 'Board' or 'Board of Medical Examiners' means the Composite State Board of Medical Examiners Georgia Composite Medical Board. (2) 'Internship' or any other similar term includes a clinical training program which is defined and approved by the board as a substitute for an internship. (2.1) 'Physician' means a person licensed to practice medicine under this article. (2.1) 'Postgraduate training' means a program for the training of interns, residents, or postresidency fellows that is approved by the Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA), or the board. (3) 'To practice medicine,' 'the practice of medicine,' or 'practicing medicine' means to hold oneself out to the public as being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings; or the suggestion, recommendation, or prescribing of any form of treatment for the intended palliation, relief, or cure of any physical, mental, or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever; or the maintenance of an office for the reception, examination, and treatment of persons suffering from disease, defect, or injury of body or mind; or attaching the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' 'Allopathic Physician,' 'Osteopathic Physician,' or 'Physician,' either alone or in connection with other words, or any other words or abbreviations to one's name, indicating that such person is engaged in the treatment or diagnosis of disease, defects, or injuries to human beings, provided that the terms 'doctors of medicine,' 'doctors of osteopathic medicine,' 'doctors of medicine licensed to practice in the state,' and similar terms wherever used or appearing in this article or elsewhere shall mean and include only those persons who are licensed to practice medicine under this article. 43-34-25. The board shall have authority to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. 43-34-26 43-34-22. (a) If any person shall hold himself or herself out to the public as being engaged in the diagnosis or treatment of disease or injuries of human beings, or shall suggest, recommend, or prescribe any form of treatment for the palliation, relief, or cure of any physical or mental ailment of any person, with the intention of receiving therefor, either 3994 JOURNAL OF THE SENATE directly or indirectly, any fee, gift, or compensation whatsoever, or shall maintain an office for the reception, examination, or treatment of diseased or injured human beings, or shall attach the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' 'Osteopathic Physician,' or 'Physician,' either alone or in connection with other words, or any other word or abbreviation to his or her name indicative that he or she is engaged in the treatment of diseased, defective, or injured human beings, and shall not in any of these cases then possess a valid license to practice medicine under the laws of this state, he or she shall be deemed to be practicing medicine without complying with this chapter article and shall be deemed in violation of this chapter article. (b) Nothing in this chapter shall be construed to prohibit: (1) Gratuitous services in cases of emergency; (2) The practice of the religious tenets or general beliefs of any church whatsoever; (3) The requiring of a fee for examination by opticians, at their established places of business, who do not prescribe or use drugs or medicines or attach to their names titles indicative that any such persons are engaged in the practice of medicine, as defined in this chapter article; (4) The performance of their duties for the federal government by federal physicians, both military and civilian; (5) The consultation on special cases approved by the board in this state of regularly licensed physicians from other states or territories; (6) The licensed practice of dentistry, optometry, psychology, podiatry, or chiropractic; (7) The licensed practice of midwifery or nursing; (8) The utilization of a physician's physician assistant to perform tasks approved by the board, and the performance of such tasks by the physician's physician assistant; the delegation by a physician to a qualified person other than a physician's physician assistant of any acts, duties, or functions which are otherwise permitted by law or established by custom; and the performance of such acts, duties, or functions by such a person other than a physician's physician assistant; or (9) The performance of: (A) Any medical task by a student enrolled in a medical college school, osteopathic college medical school, or physician's physician assistant training program approved by the board; or (B) Any dental task by a student enrolled in a dental college approved by the Georgia Board of Dentistry; or (C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where either type any such task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks. (c) Nothing in this chapter article shall be construed as preventing any person holding a valid license as a Doctor of Osteopathy on March 16, 1970, from engaging in the practice of osteopathy as the same was practiced by such person at such time, subject to WEDNESDAY, APRIL 1, 2009 3995 biennial renewal of his or her license. Such limited renewal licenses shall not authorize the practice of obstetrics or surgery other than the minor suturing of cuts. 43-34-26.1 43-34-23. (a) As used in this Code section, the term: (1) 'Administer' means to give a unit dose of any drug or to perform any medical treatment or diagnostic study. (2) 'Controlled substance' means any controlled substance, as defined in Code Section 16-13-21, except any Schedule I controlled substance listed in Code Section 16-1325. (3) 'Dangerous drug' means any dangerous drug, as defined in Code Section 16-1371, but does not include any controlled substance or Schedule I controlled substance. (3.1) 'Dispense' means to issue one or more doses of any drug in a suitable container with appropriate labeling for subsequent administration to, or use by, a patient. (4) 'Dispensing procedure' means a written document signed by a licensed pharmacist and a licensed physician which document establishes the appropriate manner under which drugs may be dispensed pursuant to this Code section. (5) 'Drug' means any dangerous drug or controlled substance. (5.1) 'Job description' means a document signed by a licensed physician and describing the duties which may be performed by a physician's assistant, by which document the physician delegates to that physician's assistant the authority to perform certain medical acts pursuant to subsection (b) of this Code section and which acts shall include, without being limited to, the administering and ordering of any drug shall have the same meaning as in Code Section 43-34-102. (6) 'Nurse' means a person who is a registered professional nurse licensed as such under Article 1 of Chapter 26 of this title. (7) 'Nurse protocol' means a written document mutually agreed upon and signed by a nurse and a licensed physician, by which document the physician delegates to that nurse the authority to perform certain medical acts pursuant to subsection (b) of this Code section, and which acts shall include, without being limited to, the administering and ordering of any drug. (8) 'Order' means to select a drug, medical treatment, or diagnostic study through physician delegation in accordance with a nurse protocol or a physician's physician assistant's job description. Ordering under such delegation shall not be construed to be prescribing, which act can only be performed by the physician, nor shall ordering of a drug be construed to authorize the issuance of a written prescription. (9) 'Physician's 'Physician assistant' means a person licensed as a physician's physician assistant pursuant to Article 4 of this chapter, the 'Physician's Physician Assistant Act.' (b)(1) A physician may delegate to: (A) A physician's physician assistant in accordance with a job description; or (B) A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, certified nurse practitioner, or clinical 3996 JOURNAL OF THE SENATE nurse specialist, psychiatric/mental health in accordance with a nurse protocol the authority to order controlled substances selected from a formulary of such drugs established by the Composite State Board of Medical Examiners board and the authority to order dangerous drugs, medical treatments, and diagnostic studies. (2) A physician may delegate to a nurse or physician's physician assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physician's physician assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's physician assistant orders or dispenses those dangerous drugs, medical treatments, or diagnostic studies: (A) As an agent or employee of: (i) The Division of Public Health of the Department of Human Resources; (ii) Any county board of health; or (iii) Any organization: (I) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, other than an organization which is a hospital, preferred provider organization, health maintenance organization, or similar organization; or (II) Established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act, which organization provides that those medical services and dangerous drugs which are ordered or dispensed by its physician's physician assistants and nurses will be provided at no cost to the patient or at a cost based solely upon the patient's ability to pay; and (B) In conformity with subsection (b) of Code Section 26-4-130 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (3) In addition, a physician may delegate to a nurse or physician's physician assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physician's physician assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's physician assistant orders or dispenses such drugs, treatments, or studies to a patient of an outpatient clinic: (A) Which is owned or operated by a licensed hospital; (B) Which provides such drugs, treatments, or studies free or at a charge to the patient based solely upon the patient's ability to pay; provided, however, such charge shall not exceed the actual cost to the outpatient clinic; and (C) Whose services are primarily provided to the medically disadvantaged and that nurse or physician's physician orders or dispenses such drugs in conformity with subsection (b) of Code Section 26-4-130 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (4) Delegation of authority to a physician's physician assistant pursuant to this WEDNESDAY, APRIL 1, 2009 3997 subsection shall be authorized only if that delegation is contained in the job description approved for that physician's physician assistant by the Composite State Board of Medical Examiners board. (5) Delegation of authority to a nurse pursuant to this subsection shall be authorized only if that delegation is contained in a nurse protocol for that nurse. (c) The Composite State Board of Medical Examiners board shall be empowered to promulgate rules and regulations governing physicians and physician's physician assistants to carry out the intents and purposes of this Code section, including establishing criteria and standards governing physicians, physician's physician assistants, job descriptions, and nurse protocols. The board shall be authorized to require that protocols not falling within such established criteria and standards be submitted to the board for review and approval or rejection. (d) Notwithstanding any other provision of law to the contrary, a physician's physician assistant or nurse may perform any act authorized to be performed by that person pursuant to and in conformity with this Code section without such act constituting the practice of medicine. (e) Nothing in this Code section shall be construed to limit or repeal this article and Articles 4 and 6 of this chapter, relating to physicians, osteopaths osteopathic physicians, physician's physician assistants, and respiratory therapists, or Article 1 of Chapter 26 of this title, relating to registered nurses. (f) Nothing in this Code section shall be construed to limit or repeal any existing authority of a licensed physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom. (g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse who is not an advanced practice registered nurse. (h) Nothing in this Code section shall be construed to limit or repeal the authority of any organization described in division (i) or (ii) of subparagraph (b)(2)(A) of this Code section or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act to supervise its agents or employees or interfere with the employer and employee relationship of any such agents or employees. (i) Notwithstanding any other provision of law to the contrary, a physician's physician assistant or nurse may perform any act deemed necessary to provide treatment to a hospital or nursing home patient in a life-threatening situation when such act is authorized by standing procedures established by the medical staff of the hospital or nursing home. 43-34-26.2 43-34-24. (a) As used in this Code section, the term 'pharmacist' means a person who meets the requirements specified in Code Section 26-4-50. (b) A physician may delegate to a pharmacist the authority to modify drug therapy as part of drug therapy management. The physician making such delegation shall 3998 JOURNAL OF THE SENATE adequately supervise the application of his or her order delegating the authority to modify drug therapy. Delegation of such authority shall only be made pursuant to the physician's diagnosis, written order, and drug therapy protocol. Unless a drug therapy modification is a substitution of a generic drug which is pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order pursuant to Code Section 26-4-81, that protocol shall meet the applicable requirements for issuance of prescriptions provided in Code Section 16-13-41 or 16-13-74, whichever is applicable. A drug therapy protocol issued pursuant to this subsection may authorize a pharmacist to dispense a specific drug contained in the protocol as an alternative drug which is not pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order and shall be deemed to be the physician's separate and distinct prescription drug order. All protocols authorized by this subsection shall: (1) Identify the pharmacist who is authorized to modify drug therapy and the physician who is delegating the authority to modify drug therapy; (2) Indicate the physician's diagnosis of condition or disease state of the patient whose drug therapy may be modified; (3) Identify each patient for whom the physician has delegated the authority to modify drug therapy; (4) Describe specific responsibilities and parameters for modification of drug therapy and patient monitoring authorized under the protocol; (5) Include a statement regarding the types and categories of medication as well as the maximum and minimum dosage levels within the types and categories of medication for which the pharmacist may modify drug therapy including: (A) Additional procedures or plans which the pharmacist shall follow when the pharmacist modifies drug therapy; and (B) The method of documentation and mechanism of communication of appropriate medical care information or pharmacy care information, or both; description and required frequency of reports which shall include: (i) Any problems or complications encountered; (ii) A listing of recommendations by pharmacist; and (iii) A complete list of each instance in which drug therapy was modified and how such therapy was modified since the last report; and (6) Stipulate that each such patient must be notified that the pharmacist is authorized to modify drug therapy pursuant to protocol between the pharmacist and the physician. (c) A physician delegating the authority to modify drug therapy must be available through communications for consultation, assistance, and direction. A physician may only delegate the authority to modify drug therapy for a patient under the direct medical care and supervision of that physician. (d) An order delegating the authority to modify drug therapy under this Code section shall not be valid for more than two years from the date such order was issued. (e) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs under Code Section 26-4-81. WEDNESDAY, APRIL 1, 2009 3999 (f) Nothing in this Code section shall be construed to prohibit hospital pharmacists from participating in drug therapy management by protocol or other legal authority established or approved by a member of the hospital medical staff for the care and treatment of hospital patients. 43-34-26.3 43-34-25. (a) As used in this Code section, the term: (1) 'Advanced practice registered nurse' shall have the same meaning as provided in paragraph (1.1) of Code Section 43-26-3. (2) '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 Community Health as a birthing center. (3) 'Controlled substance' means any controlled substance as defined in Code Section 16-13-21 but shall not include any Schedule I controlled substance included in Code Section 16-13-25 or any Schedule II controlled substance included in Code Section 16-13-26. (4) 'Dangerous drug' means any dangerous drug as defined in Code Section 16-13-71. (5) 'Delegating physician' means a physician who has entered into a nurse protocol agreement pursuant to this Code section. (6) 'Diagnostic study' means a laboratory test, X-ray, ultrasound, or procedure used to identify a characteristic or distinguishing feature of a particular disease or condition. (7) 'Drug' means any dangerous drug or controlled substance. (8) 'Free health clinic' shall have the same meaning as provided in Code Section 511-29.4. (9) 'Life threatening' means an emergency situation in which a patient's life or physical well-being will be harmed if certain testing is not performed immediately. (10) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may include, without being limited to, the ordering of drugs, medical devices, medical treatments, diagnostic studies, or in life-threatening situations radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. (11) 'Order' means to prescribe pursuant to a nurse protocol agreement which drug, medical device, medical treatment, diagnostic study, or in life-threatening situations radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (12) 'Physician' means a person licensed to practice medicine under this chapter article and: (A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the location where the nurse protocol agreement is being utilized within this 4000 JOURNAL OF THE SENATE state. (13) 'Prescription drug order' means a written or oral order of an advanced practice registered nurse for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order. (14) 'Professional sample' means a complimentary dose of a drug, medication, medication voucher, or medical device provided by the manufacturer for use in patient care. (15) 'Radiographic imaging test' means a computed tomography, magnetic resonance imaging, positron emission tomography, or nuclear medicine. (b) In addition to and without limiting the authority granted pursuant to Code Section 43-34-26.1 43-34-23, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, diagnostic studies, or, in life-threatening situations, radiographic imaging tests. (c) A nurse protocol agreement between a physician and an advanced practice registered nurse pursuant to this Code section shall: (1) Be between an advanced practice registered nurse who is in a comparable specialty area or field as that of the delegating physician; (2) Contain a provision for immediate consultation between the advanced practice registered nurse and the delegating physician; if the delegating physician is not available, the delegating physician for purposes of consultation may designate another physician who concurs with the terms of the nurse protocol agreement; (3) Identify the parameters under which delegated acts may be performed by the advanced practice registered nurse, including without limitation the number of refills which may be ordered, the kinds of diagnostic studies which may be ordered, the extent to which radiographic image tests may be ordered, and the circumstances under which a prescription drug order may be executed. In the event the delegating physician authorizes the advanced practice registered nurse to order an X-ray, ultrasound, or radiographic imaging test, the nurse protocol agreement shall contain provisions whereby such X-ray, ultrasound, or radiographic imaging test shall be read and interpreted by a physician who is trained in the reading and interpretation of such tests; a report of such X-ray, ultrasound, or radiographic imaging test may be reviewed by the advanced practice registered nurse; and a copy of such report shall be forwarded to the delegating physician, except that such provision for an ultrasound shall not be required for an advanced practice registered nurse acting within his or her scope of practice as authorized by Code Sections 43-26-3 and 43-26-5; (4) Require documentation either in writing or by electronic means or other medium by the advanced practice registered nurse of those acts performed by the advanced practice registered nurse which are specific to the medical acts authorized by the delegating physician; (5) Include a schedule for periodic review by the delegating physician of patient records. Such patient records review may be achieved with a sampling of such WEDNESDAY, APRIL 1, 2009 4001 records as determined by the delegating physician; (6) Provide for patient evaluation or follow-up examination by the delegating physician or other physician designated by the delegating physician pursuant to paragraph (2) of this subsection, with the frequency of such evaluation or follow-up examination based on the nature, extent, and scope of the delegated act or acts as determined by the delegating physician in accordance with paragraph (3) of this subsection and accepted standards of medical practice as determined by the board; (7) Be reviewed, revised, or updated annually by the delegating physician and the advanced practice registered nurse; (8) Be available for review upon written request to the advanced practice registered nurse by the Georgia Board of Nursing or to the physician by the board; and (9) Provide that a patient who receives a prescription drug order for any controlled substance pursuant to a nurse protocol agreement shall be evaluated or examined by the delegating physician or other physician designated by the delegating physician pursuant to paragraph (2) of this subsection on at least a quarterly basis or at a more frequent interval as determined by the board. (d) A written prescription drug order issued pursuant to this Code section shall be signed by the advanced practice registered nurse and shall be on a form which shall include, without limitation, the names of the advanced practice registered nurse and delegating physician who are parties to the nurse protocol agreement, the patient's name and address, the drug or device ordered, directions with regard to the taking and dosage of the drug or use of the device, and the number of refills. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-480, respectively. (e) An advanced practice registered nurse may be authorized under a nurse protocol agreement to request, receive, and sign for professional samples and may distribute professional samples to patients. The office or facility at which the advanced practice registered nurse is working shall maintain a list of the professional samples approved by the delegating physician for request, receipt, and distribution by the advanced practice registered nurse as well as a complete list of the specific number and dosage of each professional sample and medication voucher received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations. (f) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician or advanced practice registered nurse to be a party to a nurse protocol agreement as a condition for participation in or reimbursement from such entity. (g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one time, except this limitation shall not apply to an advanced practice registered nurse that is practicing: (1) In a hospital licensed under Title 31; 4002 JOURNAL OF THE SENATE (2) In any college or university as defined in Code Section 20-8-1; (3) In the Department of Human Resources; (4) In any county board of health; (5) In any free health clinic; (6) In a birthing center; (7) In any entity: (A) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured or indigent Medicaid and medicare patients; or (B) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; (8) In any local board of education which has a school nurse program; or (9) In a health maintenance organization that has an exclusive contract with a medical group practice and arranges for the provision of substantially all physician services to enrollees in health benefits of the health maintenance organization. (h) Nothing in this Code section shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 who, in good faith, fills a prescription drug order of an advanced practice registered nurse issued pursuant to a nurse protocol agreement. (i) Nothing in this Code section shall be construed to apply to the practice of a certified registered nurse anesthetist. (j) Nothing in this Code section shall be construed to require an advanced practice registered nurse to be a party to a nurse protocol agreement in order to practice as a registered professional nurse or an advanced practice registered nurse as otherwise permitted by Article 1 of Chapter 26 of this title. (k) Nothing in this Code section shall be construed to authorize an advanced practice registered nurse to issue a prescription drug order for a Schedule I or II controlled substance or authorize refills of any drug for more than 12 months from the date of the original order except in the case of oral contraceptives, hormone replacement therapy, or prenatal vitamins which may be refilled for a period of 24 months. (l) Nothing in this Code section shall be construed to allow an advanced practice registered nurse to perform an abortion or to administer, prescribe, or issue a drug order that is intended to cause an abortion to occur pharmacologically. (m) The board shall have the authority to promulgate rules and regulations governing a delegating physician in order to carry out the intents and purposes of this Code section. Further, the board shall be authorized to: (1) Require that a nurse protocol agreement shall be filed by the delegating physician with the board within a reasonable time from the date of execution; (2) Determine, after review of a filed nurse protocol agreement, if such nurse protocol agreement fails to meet accepted standards of medical practice as established by the board; and (3) Require the delegating physician to amend any such noncompliant nurse protocol WEDNESDAY, APRIL 1, 2009 4003 agreement in order to meet such accepted standards. (n) Except for practice settings identified in paragraph (7) of subsection (g) of this Code section, it shall be unlawful for a physician to be an employee of an advanced practice registered nurse, alone or in combination with others, if the physician is required to supervise the employing advanced practice registered nurse. Such conduct shall be subject to sanctions by the Georgia Board of Nursing as to the advanced practice registered nurse and the board as to the physician. (o) An advanced practice registered nurse shall be allowed to make a pronouncement of death pursuant to authority delegated by the supervising physician of the advanced practice registered nurse and to certify such pronouncement in the same manner as a physician. 43-34-27. 43-34-26. (a)(1)(A) Any person who wishes to obtain the right to practice medicine in this state and who was not, prior to March 16, 1970, registered or licensed to practice medicine, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him or her to practice medicine in this state, make application to the board through the executive director, upon such forms and in such manner as shall be adopted and prescribed by the board, and shall obtain from the board a license to practice medicine. Any person who practices medicine without first having obtained a license shall be deemed to have violated this chapter article. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied by proof that the applicant is a graduate of one of the two colleges of medicine now existing in this state, or from some other legally incorporated medical college school or osteopathic college medical school. (B) The board by rule or regulation may establish standards and procedures for evaluating, inspecting, and approving any medical school or osteopathic college not already approved by it on or before March 16, 1970 medical school. The evaluation procedure may include consideration of reports from any outside agency having expertise in medical school or osteopathic college medical school evaluation; provided, however, that the board shall make the final decision on approval of medical schools and osteopathic colleges medical schools. Nothing contained in this Code section shall prevent the approval of medical schools outside of the United States or the licensing of graduates of medical schools outside of the United States if such schools and their graduates comply with the standards established in this Code section and by rule of the board. (2) Each medical school or osteopathic medical school in good standing with the board shall have a minimum preliminary educational requirement of the completion of a two-year premedical college course. (3) Graduates of board approved medical schools or osteopathic colleges medical 4004 JOURNAL OF THE SENATE schools and persons who are graduated on or before July 1, 1985, from medical schools or osteopathic colleges medical schools which are not approved by the board must complete one year of a board approved internship or postgraduate residency training program to be eligible to stand any regular examination given by the board for a license to practice medicine in this state. Persons who are graduated after July 1, 1985, from medical schools or osteopathic colleges medical schools which are not approved by the board must complete three years of internship, residency, fellowship, or other postgraduate medical training that is approved by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), or the board to be eligible for a license to practice medicine in this state. Current certification of any applicant by a member board of the American Board of Medical Specialties may be considered by the board as evidence that such applicant's postgraduate medical training has satisfied the requirements of this paragraph. However, before any such person shall be eligible to receive a license to practice medicine in this state, he or she shall furnish the board with satisfactory evidence of attainments and qualifications under this Code section and the rules and regulations of the board. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination given by the board for a license to practice medicine in this state to stand another examination. (3)(4) If the applicant submits proof that he or she has had postgraduate training as an intern or resident as required in paragraph (2)(3) of this subsection and if he or she furnishes satisfactory evidence of attainments and qualifications under this chapter article and the rules and regulations of the board, he or she shall be eligible to receive a license from the board giving him or her absolute authority to practice medicine in this state, provided that the board shall, before approving any internship program not already approved by it on or before March 16, 1970, evaluate or inspect such internship program and determine that such internship program meets the standards of programs approved by the board on or before March 16, 1970. (4)(5) If the date of graduation from an institution mentioned in subparagraph (B) of paragraph (1) of this subsection is on or before January 1, 1967, no proof of internship postgraduate training in an approved hospital need be submitted to obtain a license from the board. (b)(1) Students who have completed the academic curriculum in residence in a foreign medical school and who: (A) Have studied medicine at a medical school located outside of the United States, Puerto Rico, and Canada which is recognized by the World Health Organization approved by the board; and (B) Have completed all of the formal requirements of the foreign medical school except internship or social service any postgraduate training equivalent may substitute for the internship or social service postgraduate training equivalent required by a foreign country an academic year of supervised clinical training (clinical clerkship) prior to entrance into the first year of American Medical Association approved graduate education. The supervised clinical training must be under the WEDNESDAY, APRIL 1, 2009 4005 direction of a medical school approved by the liaison committee on medical education. (2) Before beginning the supervised clinical training, the students must have their academic records reviewed and approved by the medical schools supervising their clinical training and shall pass the Educational Council for Foreign Medical Graduates (ECFMG) qualifying examination. (3) Students who are judged by the sponsoring medical schools to have successfully completed the supervised clinical training shall be eligible to enter the first year of American Medical Association approved graduate training program without completing social service or internship obligations required by the foreign country and without obtaining Educational Council for Foreign Medical Graduates (ECFMG) certification. (c) Notwithstanding any other contrary provisions of this Code section, a person who has: (1) Completed the academic curriculum in residence in a nonapproved medical school, as specified in subsection (b) of this Code section; (2) Completed one year of supervised clinical training in a teaching hospital in Georgia that is approved by the board; (3) Satisfactorily completed one year of a board approved internship or residency training program in Georgia that is approved by the board; (4) Received a favorable letter of recommendation from the program director of such board approved internship or residency program; and (5) Satisfactorily completed components 1 and 2 of the Federation Licensing Examination (FLEX) shall be eligible to apply for a provisional license to practice medicine during the completion of such person's board approved internship or residency training program. Such provisional license, if approved by the board, shall allow the holder to practice medicine in a Health Professional Shortage Area designated as such by the United States Department of Health and Human Services, based on recommendations by the Department of Community Health. Such a provisional license shall not be approved pursuant to this subsection for more than two years and if the licensee leaves, quits, or is expelled from the approved residency program, the provisional license shall be deemed to be revoked. Such provisional license shall be issued only upon approval by the board and nothing contained in this subsection shall be construed to require the issuance of such license. (c) For any applicant who has not passed a board approved licensing examination or a board approved specialty board examination or recertification examination within seven years of the date of application, the board shall determine, by an evaluation program established by rule, such person's fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of an examination. The board may also require a licensee or applicant who is subject to discipline pursuant to Code Section 43-34-9 to take and pass a clinical competency assessment or similar examination approved by the board as a condition of licensure. Nothing contained in this Code section shall be construed so as to require a person who 4006 JOURNAL OF THE SENATE has previously passed an examination approved by the board for a license to practice medicine in this state to stand another examination as a condition of renewal of a current unrestricted license. (d) The board may approve any examination or examinations that it deems must be passed in order to meet the requirements for licensure. Such examinations shall be in English. The board shall establish the passing score which all applicants for licensure shall meet or exceed. If an applicant fails for the third or any subsequent time any examination which is required to be passed in order to become a licensed practitioner in this state, the applicant shall not be eligible to retake any such examination until such applicant furnishes proof of having completed postgraduate one year of approved Accreditation Council for Graduate Medical Education (ACGME) training. 43-34-28. 43-34-27. Any qualified applicant who is an alien, except for graduates of accredited Canadian medical schools as approved by the board, must have resided in the United States for one year. All qualified applicants who are aliens and who shall comply with all other requirements of this chapter article shall be eligible to stand the examination provided for in this chapter article and, upon his or her successful completion thereof, shall be granted a license to practice medicine upon compliance with all other requirements prescribed as a prerequisite to the issuance of a license. Graduates of accredited Canadian medical schools, as approved by the board, are exempt from the residency requirement of one year in the United States and may be granted a license by endorsement of the Licentiate Medical Counsel of Canada (LMCC) examination without further examination if the board determines that the applicant substantially meets the qualifications required for licensure in this state. 43-34-29. 43-34-28. The board may grant a license without examination to licensees of boards of other states requiring equal or higher qualifications., upon the same basis as such states reciprocate with this state, all upon the following terms and conditions: (1) If the date of the license from the board of such other state is on or before January 1, 1967, no proof of interning in an approved hospital need be submitted to obtain a license from the board giving the applicant absolute authority to practice medicine in this state; (2) The applicant shall prove to the satisfaction of the board that the applicant has graduated from a medical or osteopathic college approved by the board on the date of application, for the purposes of this chapter, provided that the applicant shall not be granted a license by reciprocity if the date of such applicant's graduation from such medical or osteopathic college shall have occurred prior to July 1, 1963, unless such medical or osteopathic college was approved for the purposes of this chapter by the Composite State Board of Medical Examiners or the State Board of Osteopathic Examiners as of the date of such graduation; (3) If the date of the license from the board of such other state is after April 18, 1967, WEDNESDAY, APRIL 1, 2009 4007 the applicant shall submit proof that he has had the same training as is required for applicants for examination in paragraph (2) of subsection (a) of Code Section 43-3427, in which event the board shall grant the applicant a license from the board giving the applicant absolute authority to practice medicine in this state, provided that if the date of completion of such internship program occurred prior to July 1, 1963, the board shall not grant such license by reciprocity, except as allowed pursuant to the final proviso of this paragraph, unless the internship program was approved by the board as of the date of completion of such internship program by the applicant; and provided, further, that the board may, in its discretion, waive the requirements of this paragraph after determining that an applicant licensed to practice medicine in another state which does not require an internship or residency has been actively engaged in the practice of medicine in such other state for at least two years. 43-34-29.1 43-34-29. Notwithstanding any other law to the contrary, the board may issue, in its discretion, without examination, a teacher's license to licensed physicians of other states and foreign countries for the sole purpose of teaching or demonstrating medicine in a board approved medical college or its affiliated clinic in this state. If issued after January 1, 1999, a teacher's license shall be valid for up to two years and may only be renewed, at the board's discretion, for one additional year. 43-34-30. The board may grant a license without examination to an alien licensee of a board of another state which requires equal or higher qualifications for licenses, upon the same basis as such state reciprocates with this state, if such an applicant for a license has resided within the United States for at least one year. 43-34-31. 43-34-30. Licensed physicians of other states and foreign countries may be permitted to enter this state for consultation with any licensed physician of this state. A physician from another state or from a foreign country shall not be permitted to establish offices in this state for the practice of his or her profession, either temporary or permanent, or practice under another physician's license, unless he or she obtains a license from the board. A license may be issued to a physician of another state or a foreign country by comity or reciprocity if the standards for medical licensure of such a state or foreign country equal those of this state, and after such state or foreign country agrees to license physicians of this state on a like basis, provided such agreements are not in conflict with this article. 43-34-31.1 43-34-31. (a) A person who is physically located in another state or foreign country and who, through the use of any means, including electronic, radiographic, or other means of telecommunication, through which medical information or data is are transmitted, performs an act that is part of a patient care service located in this state, including but 4008 JOURNAL OF THE SENATE not limited to the initiation of imaging procedures or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient is engaged in the practice of medicine in this state. Any person who performs such acts through such means shall be required to have a license to practice medicine in this state and shall be subject to regulation by the board. Any such out-of-state or foreign practitioner shall not have ultimate authority over the care or primary diagnosis of a patient who is located in this state. (b) This Code section shall not apply to: (1) The acts of a doctor of medicine or doctor of osteopathy osteopathic medicine located in another state or foreign country who: (A) Provides consultation services at the request of a physician licensed in this state; and (B) Provides such services on an occasional rather than on a regular or routine basis; (2) The acts of a physician or osteopath osteopathic physician licensed in another state or foreign country who: (A) Provides consultation services in the case of an emergency; (B) Provides consultation services without compensation, remuneration, or other expectation thereof; or (C) Provides consultation services to a medical school which is located within this state and approved by the board; or (3) The acts of a physician or osteopath osteopathic physician located in another state or foreign country when invited as a guest of any medical school or osteopathic medical school approved by the board or a state medical society or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, provided that such physician or osteopath osteopathic physician is licensed to practice medicine or osteopathy osteopathic medicine in the state or foreign country in which he or she is located. (c) This Code section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting or in a manner not otherwise authorized by the laws of this state. (d) All persons subject to the provisions of this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless of where such physician or health care provider may be located and regardless of where or how the records of any patient located in this state are maintained. 43-34-32. The executive director, with the approval of the president chairperson of the board, may in his or her discretion issue a temporary license to an applicant, which license shall have the same force and effect as a permanent license until the next regular meeting of the board when the temporary license shall become void. A temporary license shall not be recorded. WEDNESDAY, APRIL 1, 2009 4009 43-34-33. (a) Notwithstanding any other law to the contrary, any person who has resided in the United States for one year, who is a graduate of a school accredited and approved as provided in Code Section 43-34-27, and who is employed by this state in any state operated institution, or who is employed by any state medical college approved by the board may upon the request of the superintendent of such state institution or the dean of such medical college employing the physician be granted an institutional license authorizing such physician to practice medicine, under proper medical supervision in accordance with this Code section, in the state institution or medical college employing the licensee under exceptional circumstances the board may consider applications from institutions on behalf of physicians who are graduates of international medical schools who the institution wishes to employ but who do not have independent licenses to practice medicine in the State of Georgia. The board shall review the credentials of physicians to ensure that they have adequate training and experience and have confirmation of supervisory oversight of any such physician, prior to awarding any such institutional license. The institutional license shall be jointly awarded to the institution and the physician, indicating that the license to practice medicine is limited to that institution and under proper medical supervision in accordance with this Code section. The institutional license may be renewable biennially, so long as the licensee remains in the employ of the state institution or medical college requesting the license, provided that such institutional license shall not be prima-facie evidence that the holder thereof meets the minimum basic requirements for examination by the board or for the issuance of a permanent license to practice medicine. (b) Any residency requirement may be waived at the discretion of the board if a job description is submitted to the board indicating that the applicants duties in one of the medical colleges in this state are strictly of a teaching nature as opposed to direct patient care. (c)(b) A person issued an institutional license pursuant to this Code section shall not engage in the private practice of medicine and shall not receive fees or any other remuneration from his or her patients. Persons practicing medicine pursuant to an institutional license issued in accordance with this Code section shall receive as their sole remuneration for the practice of medicine the salary and other remuneration paid by the institution. The license of any person who violates this Code section shall be subject to revocation by the board after notice and opportunity for hearing. (d)(c) Any physician applying for an institutional license who meets all other requirements of the board must also furnish documentation of one year of American Medical Association or American Osteopathic Association approved postgraduate training (internship or residency), or other training acceptable to the board. Any postgraduate training requirement may be waived for those physicians whose duties are strictly of a teaching nature in one of the medical colleges in this state. (e)(d) Institutional license holders shall not be permitted to apply for a Drug Enforcement Agency registration number to write prescriptions to be filled outside the institution. 4010 JOURNAL OF THE SENATE (f) On and after July 1, 1983, no institutional license may be granted to any person who previously had not been granted such a license. Any person first granted an institutional license before July 1, 1980, who holds an institutional license on July 1, 1983, may continue to renew that license biennially under the conditions otherwise specified in this Code section. Any person first granted an institutional license on or after July 1, 1980, who holds an institutional license on July 1, 1983, may continue to renew that license biennially under the conditions otherwise specified in this Code section, but these licenses shall expire July 1, 1985, and may not thereafter be renewed. 43-34-34. (a) The board, in its discretion, may issue a provisional license to an applicant who demonstrates to the board that he possesses all the qualifications and meets all requirements necessary to become a licensed practitioner in this state except for having passed any required examination. In such a case, the board may waive the examination requirement and grant a provisional license which shall be valid only so long as the applicant shall practice in the geographic locality specified upon such license. A practitioner so licensed shall annually renew his license and in doing so shall furnish such proof as the board may require to indicate that he has practiced in the geographic location specified upon such license, provided that any such provisional license shall expire 12 months after its issue and may be renewed for only one additional 12 month period following such expiration; provided, further, that a provisional license issued to a person serving on April 16, 1979, as a district health director or as a director of a county board of health shall be renewable annually without such one-time-only renewal limitation, as long as such person continues to meet the other requirements specified in this Code section and continues to serve in such position. The board shall not issue any such provisional license unless it determines, in its discretion, that there is an unfulfilled need for such medical services in the locality specified. (b) Notwithstanding subsection (a) of this Code section, a provisional license issued to a A person who held a valid provisional license on or before April 16, 1979, shall be renewable able to renew such license annually without any one-time-only renewal limitation, as long as such person continues to meet the other requirements specified in this Code section article and does not otherwise violate this article. (c) If a license applicant fails, for the third or any subsequent time, any examination which is required to be passed in order to become a licensed practitioner in this state, the applicant shall not be eligible to retake any such examination until such applicant furnishes proof of having completed one year of appropriate education and training as approved by the board. (d) The board shall have the power to promulgate such rules and regulations as may be necessary to implement the intent of this Code section. 43-34-35. (a) The board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifications under this chapter article and the WEDNESDAY, APRIL 1, 2009 4011 rules and regulations of the board. Such license shall give absolute authority to the person to whom it is issued to practice medicine in this state unless restricted as otherwise authorized by law. (b) It shall be the duty of the executive director, under the direction of the board, to aid in the enforcement of this chapter and in the prosecution of all persons charged with violations of its provisions. (c) Every person holding a license issued by the board under this article shall display it in a conspicuous place in the licensee's principal place of practice. 43-34-36. Before any person who obtains a license from the board may lawfully practice medicine, he shall cause the license to be recorded in the office of the clerk of the superior court of the county in which he resides. The license shall be recorded by the clerk in a book kept for that purpose and shall be indexed in the name of the person to whom the license is granted. The clerk's fee for recording the license shall be the same as for recording a deed. The clerk shall make a report to the executive director, on December 31 of each year, of all licenses registered with him. Each applicant receiving a license from the board shall cause the same to be registered within 30 days. 43-34-39. In all cases wherein a license has been revoked and no appeal has been entered within the time allowed by law, it shall be the duty of the executive director, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the executive director, with the appropriate fee; and it shall be the duty of the clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In a case in which appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner above provided, immediately after the final termination of such case. 43-34-40 43-34-36. The board is authorized to pass upon the good standing and reputation of any medical school or osteopathic college medical school. Only such medical schools or osteopathic colleges medical schools will be considered in good standing as that possess a full and complete faculty for the teaching of medicine, surgery, and obstetrics in all their branches; that afford their students adequate clinical and hospital facilities; that have adequate curricula as determined by the board in its discretion; that fulfill all their published promises, requirements, and other claims respecting advantages to their students and the course of instruction; that exact a preliminary educational requirement equal to that specified by this chapter article; that require students to furnish testimonials of good moral standing; and that give advanced standing only on cards from accredited medical schools or osteopathic colleges medical schools. In determining the reputation of the medical school or osteopathic college medical school, 4012 JOURNAL OF THE SENATE the right to investigate and make a personal inspection of the same is authorized. 43-34-41. Each medical or osteopathic school or college in good standing with the board shall have a minimum preliminary educational requirement of the completion of a two-year premedical college course. 43-34-42. 43-34-37. (a) Physicians and surgeons licensed to practice medicine in accordance with and under this article shall be the only persons authorized to administer or perform artificial insemination upon any female human being. Any other person or persons who shall attempt to administer or perform or who shall actually administer or perform artificial insemination upon any female human being shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. (b) Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him to perform or administer artificial insemination shall be relieved of civil liability to the husband and wife or to any child conceived by artificial insemination for the result or results of said artificial insemination, provided that the written authorization provided for in this Code section shall not relieve any physician or surgeon from any civil liability arising from his own negligent administration or performance of artificial insemination. 43-34-42.1 43-34-38. (a) This Code section shall be known and may be cited as the 'Access to Medical Treatment Act.' (b) Notwithstanding any other provision of law, and except as provided in subsection (c) of this Code section, an individual shall have the right to be treated for any illness or disease which is potentially life threatening or chronically disabling by a person licensed to practice medicine under this article with any experimental or nonconventional medical treatment that such individual desires or the legal representative of such individual authorizes if such person licensed to practice medicine under this article has personally examined such individual and agrees to treat such individual. (c) A person licensed to practice medicine under this article may provide any medical treatment to an individual described in subsection (b) of this Code section if: (1) There is no reasonable basis to conclude that the medical treatment itself, when administered as directed, poses an unreasonable and significant risk of danger to such individual; and (2) The person licensed to practice medicine under this article has provided the patient with a written statement and an oral explanation, which the patient has acknowledged by the patient's signature or the signature of the patient's legal representative, that discloses the facts regarding the nature of the treatment, WEDNESDAY, APRIL 1, 2009 4013 specifically including that the treatment offered is experimental or nonconventional, that the drug or medical device has not been approved by the Food and Drug Administration for any indication, as well as the material risks generally recognized by reasonably prudent physicians of such treatment's side effects. (d) The treatment of patients in compliance with this Code section by a person licensed to practice medicine under this article shall not by itself constitute unprofessional practice or conduct. 43-34-43 43-34-39. In addition to any other remedy or criminal prosecution, whenever it shall appear to the board that any person, firm, company, partnership, association, or corporation or the agent, officer, or director of such firm, company, partnership, association, or corporation is or has been violating any of the provisions of this chapter article or any of the laws of the state relating to the practice of medicine, the board may, on its own motion or on the verified complaint in writing of any person, file a complaint in its own name in the superior court having venue and jurisdiction over the parties, alleging the facts and praying for a temporary restraining order and an injunction and permanent injunction against such person, firm, company, partnership, association, or corporation, including any agent, officer, or director of same, restraining him or her from violating such law. Upon proof thereof, the court shall issue such restraining order, injunction, and permanent injunction without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. No restraining order or injunction, whether temporary, permanent, or otherwise, shall be granted without a hearing after at least ten days' notice. It is declared that such violation of this chapter article is a menace and a nuisance dangerous to the public health, safety, and welfare. 43-34-44 43-34-40. Any person who shall buy, sell, or fraudulently obtain any diploma, license, record, or registration to practice osteopathy osteopathic medicine, illegally obtained or signed, or issued unlawfully or under fraudulent representation; or who shall use any of the forms or letters, 'Osteopathy,' 'Osteopath,' 'Osteopathist,' 'Diplomate in Osteopathy,' 'D.O.,' 'D.Sc.O.,' 'Osteopathic Physician,' 'Doctor of Osteopathy,' or any other title or letters, either alone or with other qualifying words or phrases, under such circumstances as to induce the belief that the person who uses such term or terms is engaged in the practice of osteopathy osteopathic medicine, or anyone who shall hold himself or herself out as practicing any other nondrug-giving school of medical practice, without having complied with this article, shall be guilty of a misdemeanor felony. 43-34-45. Any person who, by fraud or misrepresentation, shall practice, pretend to practice, or use the science of osteopathy or other nondrug-giving school of medical practice in treating diseases of the human body shall be guilty of a misdemeanor. 4014 JOURNAL OF THE SENATE 43-34-45.1 43-34-41. (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 shall issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license 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 physician's 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 persons that 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 shall 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 such person must document such compliance before a special license is issued. (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 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. WEDNESDAY, APRIL 1, 2009 4015 (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. 43-34-46 43-34-42. (a) Any person who practices medicine without complying with this article or who otherwise violates any provision of this article shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 per each violation or by imprisonment from two to five years, or both. (b) Any person presenting or attempting to file as his or her own the diploma or certificate or credentials of another, or who shall give false or forged evidence of any kind to the board or any member thereof in connection with an application for a license to practice medicine, or who shall practice medicine under a false or assumed name, or who shall falsely impersonate any other practitioner of a like or different name shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 $5,000.00 or by imprisonment from two to five years, or both. 43-34-47 43-34-43. (a) As used in this Code section, the term: (1) 'Program director' means a physician licensed in this state who is responsible for screening, selecting, and supervising physicians enrolled in one or more of an institution's postgraduate training programs. (2) 'Temporary postgraduate training permit' means a permit issued by the board to a graduate of a board approved medical school or osteopathic medical school who is enrolled in a postgraduate training program deemed acceptable by the board and who does not currently hold a full and unrestricted license in this state. (3) 'Training institution' means an institution that sponsors and conducts a postgraduate training program approved by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), or other program approved by the board for the training of interns, residents, or postresidency fellows including Canadian schools. (b)(1) An individual seeking to pursue postgraduate medical training in this state who does not hold a license to practice medicine issued under this chapter article shall apply to the board for a temporary postgraduate training permit. The application shall be made on forms that the board shall furnish and shall be accompanied by the application and permit fees set by the board. Such application shall include the following: (A) Evidence satisfactory to the board that the applicant has been accepted or appointed to participate at a training institution in this state in one of the following: (i) An internship or residency program accredited by either the Accreditation 4016 JOURNAL OF THE SENATE Council for Graduate Medical Education or the American Osteopathic Association; or (ii) A clinical fellowship program at an institution with a residency program accredited either by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association that is in a clinical field the same as or related to the clinical field of the fellowship program; (B) Information satisfactory to the board that identifies the beginning and ending dates of the period for which the applicant has been accepted or appointed to participate in the internship, residency, or clinical fellowship program; and (C) Any other information that the board requires. Nothing in this Code section shall prohibit an individual from obtaining a full and unrestricted license to practice medicine under this article. (2) If the applicant meets the requirements of paragraph (1) of this subsection, the board shall issue a temporary postgraduate training permit to the applicant. A temporary postgraduate training permit issued pursuant to this subsection shall be valid only for a period of one year but may, in the discretion of the board and upon application duly made and payment of the renewal fee required by the board, be renewed annually for the duration of the postgraduate training program for a period not to exceed seven years. The board shall maintain a registry of all individuals who hold temporary postgraduate training permits. (3) The holder of a valid temporary postgraduate training permit shall be entitled to perform such acts as may be prescribed by or incidental to the holder's postgraduate residency training program, but the holder shall not be entitled otherwise to engage in the practice of medicine in this state. The holder shall train only under the supervision of the physicians responsible for supervision as part of the postgraduate training program. The temporary postgraduate training permit shall authorize the person receiving the permit to practice in facilities affiliated with the postgraduate training program only if such practice is part of the training program. (4) Prior to participating in a postgraduate medical training program in this state, individuals must either hold a license to practice medicine or a temporary postgraduate training permit issued by the board or have applied for a temporary postgraduate training permit. The board shall issue temporary postgraduate training permits to applicants meeting the board's qualifications within 30 days of receipt by the board of the application. (5) A temporary postgraduate training permit issued pursuant to this Code section shall expire upon the permit holder's withdrawal or termination from, or completion of, the postgraduate training program or upon obtaining a license to practice medicine under this article. (6) The board shall have the authority to discipline the holder of a temporary postgraduate training permit in the same manner and based upon any ground or violation enumerated in Code Sections 43-1-19 and 43-34-37 Section 43-34-8. (7) By obtaining a temporary postgraduate training permit, the permit holder consents to the release of information pursuant to subsection (d) of this Code section from WEDNESDAY, APRIL 1, 2009 4017 program directors and supervising physicians and authorizes the president chairperson of the board to be an agent for service. (c)(1) The board shall have the authority to refuse to issue or renew or to suspend, revoke, or limit a temporary postgraduate training permit based upon any of the grounds or violations enumerated in Code Sections 43-1-19 and 43-34-37 Section 4334-8. (2) The refusal, suspension, revocation, or limitation of a temporary postgraduate training permit shall not be deemed to be a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and notice and a hearing within the meaning of such chapter shall not be required. The individual or permit holder shall be allowed to appear before the board if he or she so requests regarding such refusal, suspension, revocation, or limitation. (d)(1) It is the responsibility of the program director for the training program to notify the board upon the permit holder's withdrawal or termination from, or completion of, the postgraduate training program. (2) Program directors shall comply with all other reporting requirements which the board by rule and regulation may require. (3) Failure to comply with the board's reporting requirements shall be grounds for disciplinary action by the board. (e) The board may adopt such rules and regulations as necessary to effect the purpose of this Code section. 43-34-44. Nothing in this article shall be construed to prohibit the performance by medical assistants of medical tasks, including subcutaneous and intramuscular injections; obtaining vital signs; administering nebulizer treatments; or other tasks approved by the board pursuant to rule, if under the supervision by a physician in his or her office; provided, however, that this shall not require on-site supervision at all times, or the performance by medical assistants of medical tasks ordered by a physician assistant or advanced practice registered nurse delegated the authority to issue such an order in accordance with law and pursuant to rules of the board. 43-34-45. (a) As used in this Code section, the term: (1) 'Polysomnography' means the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. Polysomnography includes, but is not limited to, the process of analysis, monitoring, and recording of physiologic data during sleep and wakefulness to assist in the treatment of disorders, syndromes, and dysfunctions that are sleep related, manifest during sleep, or disrupt normal sleep activities. Polysomnography also includes, but is not limited to, the therapeutic and diagnostic use of low-flow oxygen, the use of positive airway pressure including continuous positive airway pressure (CPAP) and bi-level modalities, adaptive servo-ventilation, and maintenance of nasal and oral airways that 4018 JOURNAL OF THE SENATE do not extend into the trachea. (2) 'Polysomnographic technologist' means any person performing polysomnography services under the supervision of a person licensed under this article. (3) 'Supervision' means that the supervising physician licensed under this article shall remain available, either in person or through telephonic or electronic means, at the time that polysomnography services are provided. (b) A physician may delegate tasks involving polysomnography to a polysomnographic technologist without regard to whether such technologist is certified or licensed as a respiratory care therapist under Article 6 of this chapter. (c) Nothing in this Code section shall be construed to: (1) Permit the practice of medicine as defined in this article by polysomnographic technologists; (2) Prohibit a health care provider licensed in this state from engaging in the practice for which he or she is licensed, including, but not limited to, respiratory care professionals certified under Article 6 of this chapter; or (3) Authorize a polysomnographic technologist to treat, manage, control, educate, or care for patients other than those with sleep or wake disorders or to provide diagnostic testing for patients other than those with suspected sleep or wake disorders. ARTICLE 3 43-34-60. This article shall be known and may be cited as the 'Acupuncture Act of Georgia.' 43-34-61. The General Assembly finds and declares that the practice of acupuncture in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control. 43-34-62. As used in this article, the term: (1) 'Acupuncture' means a form of therapy developed from traditional and modern Oriental concepts for health care that employs Oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease. (2) 'Auricular (ear) detoxification therapy' means the insertion of disposable acupuncture needles into the five auricular acupuncture points stipulated by the National Acupuncture Detoxification Association protocol for the sole purpose of treatment of chemical dependency. (3) 'Board' means the Georgia Composite State Medical Board of Medical Examiners created by Code Section 43-34-21. (4) 'Practice of acupuncture' means the insertion of disposable acupuncture needles and the application of moxibustion to specific areas of the human body based upon WEDNESDAY, APRIL 1, 2009 4019 Oriental medical principles as a therapeutic modality. Dry needling is a technique of the practice of acupuncture. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, herbal, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and exercise, but only if such treatments, recommendations, and exercises are based on concepts of traditional Oriental medicine and are directly related to acupuncture therapy. 43-34-63. The board, in consultation with the advisory committee, shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of acupuncture applicants and licensed acupuncturists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish continuing education requirements. 43-34-64. (a) Each applicant for a license to practice acupuncture shall meet the following requirements: (1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Be certified in acupuncture by a national certification agency accredited by the National Organization of Competency Assurance and approved by the board; (5) Have successfully completed a nationally recognized clean needle technique course approved by the board; and (6) Have obtained professional liability insurance in the amount of at least $100,000.00/$300,000.00.; (7) Have passed an acupuncture examination offered by an organization accredited by the National Organization of Competency Assurance and approved by the board; and (8) Have successfully completed a degree in acupuncture or a formal course of study 4020 JOURNAL OF THE SENATE and training in acupuncture. The applicant shall submit documentation satisfactory to the board to show that such education or course of study and training was: (A) Completed at a school that is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM) or other accrediting entity approved by the board: or (B) Completed by means of a program of acupuncture study and training that is substantially equivalent to the acupuncture education offered by an accredited school of acupuncture approved by the board. (b) Reserved. (c) Before any person licensed to practice acupuncture under this article, who has less than one year of postgraduate clinical experience, may practice on his or her own, such person must engage in one year of active practice under the supervision of a licensed acupuncturist with a minimum of four years active licensed clinical practice. Such supervising acupuncturist may be licensed in Georgia or any other state or country with licensing requirements substantially equal to Georgia's licensing requirements and may accumulate the required four years of active licensed clinical practice in any combination of states so long as the licensing requirements of such other states or countries are substantially equal to Georgia's licensing requirements. (d) Each applicant for a license to perform auricular (ear) detoxification therapy as an auricular (ear) detoxification technician shall meet the following requirements: (1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Have successfully completed a nationally recognized training program in auricular (ear) detoxification therapy for the treatment of chemical dependency as approved by the board; and (5) Have successfully completed a nationally recognized clean needle technique course approved by the board. (e) The practice of auricular (ear) detoxification therapy may take place in a city, county, state, federal, or private chemical dependency program approved by the board under the direct supervision of a licensed acupuncturist or a person authorized to practice acupuncture by the board who is also authorized to practice medicine under Article 2 of this chapter. 43-34-65. After evaluation of an application and other evidence submitted by an applicant, the board shall notify such applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If an application is rejected, the notice shall state the reasons for rejection. 43-34-66. (a) Any document evidencing licensure issued by the board is the property of the board and must be surrendered on demand. WEDNESDAY, APRIL 1, 2009 4021 (b) Every person who holds a license issued by the board in accordance with this article and who is engaged in the active practice of acupuncture or the active practice of auricular (ear) detoxification therapy as an auricular (ear) detoxification technician shall display the document evidencing licensure in an appropriate and public manner. (c) Every person who holds a license issued by the board shall inform the board of any change of address. 43-34-67. (a) A license issued under this article shall be renewed biennially if the person holding such license is not in violation of this article at the time of application for renewal and if the application fulfills current requirements of continuing education as established by the board. (b) Each person licensed under this article is responsible for renewing his or her license before the expiration date. (c) Under procedures and conditions established by the board, a license holder may request that his or her license be declared inactive. The licensee may apply for active status at any time and, upon meeting the conditions set by the board, shall be declared active. 43-34-68. (a) Any person who undergoes acupuncture must consent to such procedure and shall be informed in general terms of the following: (1) That the practice of acupuncture is based upon the Oriental arts and is completely distinct and different from traditional western medicine; (2) That the acupuncturist cannot practice medicine, is not making a medical diagnosis of the person's disease or condition, and that such person should see a physician if he or she wants to obtain a medical diagnosis; and (3) The nature and the purpose of the acupuncture treatment. (b) The board shall develop a standard informed consent form to be used by persons licensed under this article. Such informed consent form shall include the information set forth in subsection (a) of this Code section as well as any other and additional information the board deems appropriate. The information set forth in the informed consent form shall be in language which is easy to read and readily understandable to the consuming public. 43-34-69. The board, in consultation with the advisory committee, may impose any sanction authorized under subsection (d) (b) of Code Section 43-1-19 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-1-19 43-34-8 or a finding that such conduct involved dividing or agreeing to divide a fee for acupuncture services with any person who refers a patient, notwithstanding that such board is not a professional licensing board. 4022 JOURNAL OF THE SENATE 43-34-70. The board shall appoint an acupuncture advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the include members of the acupuncture profession licensed to practice acupuncture under this article, persons licensed to practice medicine under Article 2 of this chapter who are acupuncturists, and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The charter acupuncture advisory committee may include persons eligible for licensing under this article. Subsequent acupuncture Acupuncture advisory committee members must be licensed pursuant to this article. 43-34-71. (a) Unless licensed under this article or exempted under subsection (b) of this Code section, no person shall: (1) Practice acupuncture or auricular (ear) detoxification therapy; or (2) Represent himself or herself to be an acupuncturist or auricular (ear) detoxification specialist technician who is licensed under this article. (b) The prohibition in subsection (a) of this Code section does not apply to: (1) Any person licensed to practice medicine under Article 2 of this chapter; (2) The practice of acupuncture which is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience; or (3) The practice of acupuncture by any person licensed or certified to perform acupuncture in any other jurisdiction that has requirements equivalent to or more stringent than this article where such person is doing so in the course of regular instruction in an approved educational program of acupuncture or in an educational seminar of an approved professional organization of acupuncture, provided that in the latter case the practice is supervised directly by a person licensed to practice acupuncture pursuant to this article or an acupuncturist who is licensed to practice medicine under Article 2 of this chapter. (c) Any person violating subsection (a) of this Code section shall, upon conviction thereof, be guilty of a misdemeanor. 43-34-72. (a) The titles 'Licensed Acupuncturist' (L. Ac.) and 'Acupuncturist' may only be used by persons licensed under this article. (b) The title 'Auricular Detoxification Specialist Technician' (A.D.S.) (A.D.T.) may only be used by persons licensed to practice auricular (ear) detoxification therapy under this article. Possession of a license to practice as an A.D.S. A.D.T. does not by itself entitle a person to identify himself or herself as an acupuncturist. An auricular (ear) detoxification specialist technician is strictly limited to five ear points' treatment for WEDNESDAY, APRIL 1, 2009 4023 detoxification for substance abuse, chemical dependency, or both. (c) No person licensed under this article may advertise or hold himself or herself out to the public as being authorized to practice medicine under Article 2 of this chapter. ARTICLE 4 43-34-100. This article shall be known and may be cited as the 'Physician's Physician Assistant Act.' 43-34-101. (a) To alleviate the growing shortage and geographic maldistribution of health care services in this state, the General Assembly intends, by this article, to establish a new category of health care, namely, assistants to physicians, which category includes new types of health care personnel, as well as those persons licensed in presently established categories of health care recognize physician assistants and their role in addressing this growing health care shortage. (b) This article is intended to encourage the more effective utilization of the skills of physicians by enabling them to delegate health care tasks to such assistants where such delegation is consistent with the patient's health and welfare. Toward this end, the General Assembly intends to remove legal constraints which presently constitute unnecessary hindrances to the more effective delivery of health care services. 43-34-102. As used in this article, the term: (1) 'Applicant' means an individual seeking licensure as a physician assistant pursuant to this article. (1)(2) 'Alternate supervising physician' means a physician to whom a board approved primary supervising physician has delegated the responsibility of supervising a physician's physician assistant who is licensed to that primary supervising physician and who agrees to supervise the physician's physician assistant for the primary supervising physician and who is on record with the board. (2)(3) 'Board' means the Georgia Composite State Medical Board of Medical Examiners as created by Code Section 43-34-21. (3) 'Carry out a prescription drug or device order' means to complete, on a form established and approved by the board, a written prescription drug order or a prescription device order pursuant to the authority delegated by a supervising physician. (4) 'Evaluation agency' means a public or private hospital, school, laboratory, clinic, federal or state institution or agency, or similar facility which has been approved by the board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective appraisal, in a manner prescribed by the board, of the proposed physician's assistant's qualifications to 4024 JOURNAL OF THE SENATE perform the tasks described in the job description. (5)(4) 'Job description' means a document, signed by the primary supervising physician and the physician's assistant whom the primary supervising physician is supervising, physician assistant, in which the primary supervising physician delegates to that physician assistant authority to perform certain medical acts and which describes the professional background and specialty of the primary supervising physician; and the qualifications, including related experience of the physician's physician assistant; and includes a general description of how the physician's physician assistant will be utilized in the practice. A job description shall not be required to contain every activity the physician deems the physician's physician assistant qualified to perform but shall confine the activities of the physician's physician assistant to those in the scope of practice of the primary supervising physician. (5) 'Order' means to prescribe pursuant to a job description which drug, medical device, medical treatment, or diagnostic study is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (6) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of this chapter. (7) 'Physician's Physician assistant' means a skilled person who is licensed to a supervising physician and who is qualified by academic and practical training to provide patients' services not necessarily within the physical presence but under the personal direction or supervision of the applying supervising physician. (8) 'Prescription drug order' means a written or oral order of a physician assistant for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order. (8)(9) 'Primary supervising physician' means the physician to whom the board licenses a physician's physician assistant pursuant to a board approved job description and who has the primary responsibility for supervising the practice of that physician's a physician assistant pursuant to that physician assistant's job description. 43-34-103. (a)(1) In order to obtain approval for the utilization of a person as a physician's assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of that assistant licensure as a physician assistant, an applicant shall submit an application to the board. Such application shall include: (1)(A) Evidence submitted by the proposed physician's assistant applicant of his or her good moral character; and (2)(B) Evidence of his or her competency in a health care area related to the job description which, as a minimum, shall include: (A)(i) Evidence of satisfactory completion of a training program approved by the board. If the applicant is not a graduate of an accredited school approved by the board, he or she shall be required to receive board approved refresher training and WEDNESDAY, APRIL 1, 2009 4025 testing; (B) A finding by the board approved evaluation agency that the proposed physician's assistant is qualified to perform the tasks described in the job description; (C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where any such task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks; and (D)(ii) Evidence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, approved, or administered by the board applicant has passed the Physician Assistant National Certification Examination (PANCE) administered by the National Commission for the Certification of Physician Assistants (NCCPA), or its successor, or the National Association for the Certification of Anesthesia Assistants, (NACAA) or its successor. The board may issue a temporary permit to any applicant for licensure who has satisfied the provisions of subparagraphs (A) and (B) division (i) of this paragraph subparagraph and who is an applicant for the next available board approved or administered examination or who has completed this examination and is awaiting the results of such examination. The temporary permit shall expire upon notification of the applicant's failure to achieve a satisfactory score on the board approved or administered examination. A physician assistant licensed pursuant to this paragraph shall not be authorized to perform any medical acts of any sort except as approved for utilization by a physician in a job description pursuant to paragraph (2) of this subsection. The board may grant an inactive licensure status to a physician's physician assistant who is licensed pursuant to this article but who is not practicing with the supervision of a board approved primary supervising physician;. (2) In order to obtain approval for the utilization of a physician assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of such physician assistant shall submit an application to the board which shall include: (i) Evidence that the physician assistant is licensed pursuant to paragraph (1) of this subsection; (3)(ii) A job description meeting the requirements of paragraph (5) of Code Section 43-34-102; and (4)(iii) A fee, established by the board; provided, however, that no fee will be required if the physician's physician assistant is an employee of the state or a county government. (b)(1) No primary supervising physician shall have more than four physician's physician assistants licensed to him or her at a time; provided, however, that no physician may supervise more than two physician's physician assistants at any one time except as provided in paragraph (2) of this subsection. (2)(A) A physician may supervise as many as four physician's physician assistants at any one time while practicing in a group practice in which other physician 4026 JOURNAL OF THE SENATE members of such group practice are primary supervising physicians. (B) A physician may supervise as many as four physician's physician assistants at any one time while acting as an alternate supervising physician: (i) In an institutional setting such as a hospital or clinic; (ii) On call for a primary supervising physician or a group practice; or (iii) If otherwise approved by the board to act as an alternate supervising physician. (3) A primary supervising physician shall designate in writing to the board such other physicians who may serve as an alternate supervising physician for each physician's physician assistant licensed to such primary supervising physician. The board shall have authority to approve or deny such designations in whole or in part; provided, however, a physician may be listed as an alternate supervising physician for any number of physician's physician assistants so long as he or she only supervises as many physician's physician assistants at any one time as allowed by paragraph (2) of this subsection. (c)(1) At all times while providing patient services, a physician assistant shall have a signed job description submitted by his or her primary supervising physician and approved by the board. (2) Nothing in this article shall prevent a primary supervising physician from submitting to the board a new or amended physician assistant job description when a physician's assistant, by reason of further education or experience and successfully passing additional tests as shall be outlined and administered by the board, becomes capable of performing a wider range of medical tasks. (d) A physician's assistant shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be physician assistant is authorized to practice in those public or private places or health facilities where the applying supervising physician or alternate supervising physician regularly sees patients, provided that nothing in this article shall prohibit the rendering of services to a patient by a physician assistant who is not in the physical presence of the supervising physician or preclude a physician's physician assistant from making house calls and hospital rounds, performing hospital duties, serving as an ambulance attendant, or performing any functions performed authorized by the applying supervising physician which the physician's physician assistant is qualified to perform. (e) A physician's physician assistant may not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists. (e.1)(1) In addition to and without limiting the authority granted by Code Section 4334-26.1 43-34-23, a physician may delegate to a physician's physician assistant in accordance with a job description, the authority to issue shall be allowed to carry out a prescription drug order or orders for any device as defined in Code Section 26-4-5, or to issue any dangerous drug as defined in Code Section 16-13-71, or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection, pursuant to the authority delegated by the supervising physician of that WEDNESDAY, APRIL 1, 2009 4027 physician's assistant. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician's physician assistant performing such delegated acts and shall adequately supervise the physician's physician assistant. If an existing job description for a physician's physician assistant does not contain such authority to carry out order a prescription drug or device order as provided by this subsection, that physician's physician assistant may not issue any such prescription drug or device order until a new job description delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to authorize the written prescription drug order of a Schedule I or II controlled substance. (2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription drug or device order presented by a patient pursuant to this subsection. The pharmacist shall presume that the prescription drug or device order was issued by a physician's physician assistant duly licensed under this chapter article who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the physician's physician assistant is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary. (3) The physician's physician assistant shall only be authorized to exercise the rights granted under this subsection using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing supervising or alternate supervising physician, the patient's name and address, the drug or device prescribed, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-4-80, respectively. Such form shall be signed by the physician's assistant using the following language: This prescription authorized through: (M.D. or D.O.) by (the physician's assistant) PHYSICIAN'S ASSISTANT. The name of the prescribing supervising physician shall be handwritten in the appropriate space by the physician's assistant on the prescription drug or device order form. Any form containing less information than that described in this paragraph shall not be offered to or accepted by any pharmacist who is duly licensed under Title 26. (4) The physician's physician assistant or office staff shall inform notify the patient that the patient has the right to see the physician prior to any prescription drug or device order being carried out issued by the physician's physician assistant. (5) Unless otherwise restricted by the board or a board approved job description, the physician's assistant shall not carry out a prescription drug or device order for more than a 30 day supply, except in cases of chronic illnesses where a 90 day supply may be ordered. The physician's assistant may authorize refills up to six months from the 4028 JOURNAL OF THE SENATE date of the original prescription drug or device order; provided, however, that refills may be authorized up to 12 months from the date of the original prescription drug or device order for oral contraceptives or other drugs or devices approved by the board. (5) Nothing in this Code section shall be construed to authorize a physician assistant to authorize refills of any drug for more than 12 months from the date of the original prescription drug or device order. (6) A supervising physician or alternate supervising physician shall personally reevaluate evaluate or examine, at least every three months, any patient receiving controlled substances or, at least every six months, any patient receiving other prescription drugs or devices. (7) In addition to the copy of the prescription drug or device order delivered to the patient, a record of such prescription shall be maintained in the physician's office patient's medical record in the following manner: (A) A copy of the prescription drug or device order shall be appended to or otherwise maintained in the patient's medical file The physician assistant carrying out a prescription drug or device order shall document such order either in writing or by electronic means; and (B) Except in facilities operated by the Division of Public Health of the Department of Human Resources, the The supervising physician shall countersign review the prescription drug or device order copy or and medical record entry for each prescription drug or device order orders issued within the past 30 days by the physician assistant. a reasonable time, not to exceed seven working days, unless such countersignature is required sooner by a specific regulation, policy, or requirement Such review may be achieved with a sampling of no less than 50 percent of such prescription drug or device order copies and medical record entries. (8) A physician's physician assistant is not permitted to prescribe drugs or devices except as authorized in the physician's physician assistant's job description and in accordance with this chapter article. (9) The board shall adopt rules establishing: (A) The content and use of prescription drug or device order forms; (B) Procedures procedures to evaluate an application for a job description containing the authority to carry out order a prescription drug or device order; and (C) A formulary of prescription drugs or devices which may or may not be included in a job description; (D) The maintenance and custody of records for prescription drug or device orders; (E) A minimum of three continuing medical education hours biennially in practice specific pharmaceuticals in which the physician's assistant has prescriptive order privileges; and (F) Any any other rules the board may deem deems necessary or appropriate to carry out the intent and purpose of this Code section or to protect the public welfare. (10) Nothing in this Code section is intended to repeal any rules established by the board relating to the requirements and duties of physician's physician assistants in remote practice sites. WEDNESDAY, APRIL 1, 2009 4029 (11) A physician assistant authorized by a primary supervising physician to order controlled substances pursuant to this Code section is authorized to register with the federal Drug Enforcement Administration. (12) A physician assistant delegated the authority by the primary supervising physician to issue a prescription drug or device order shall be required to complete a minimum of three hours of continuing education biennially in practice specific pharmaceuticals in which the physician assistant has prescriptive order privileges. A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician or advanced practice registered nurse to be a party to a nurse protocol agreement as a condition for participation in or reimbursement from such entity. (e.2) A physician's physician assistant shall be allowed to request, receive, and sign for professional samples and may distribute professional samples to patients, pursuant to authority delegated by the supervising physician of that physician's physician assistant. Delegation of such authority shall be contained in the job description required by this Code section; provided, however, the office or facility at which the physician's physician assistant is working must maintain a list of professional samples approved by the supervising physician for request, receipt, and distribution by the physician's physician assistant as well as a complete list of the specific number and dosage of each professional sample received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal law and regulations. As used in this subsection, the term 'professional samples' means complimentary doses of a drug, medication vouchers, or medical devices provided by the manufacturer for use in patient care. (f) A physician employed by the Department of Human Resources or by any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician's physician assistant employed by the Department of Human Resources or by any institution thereof or by a local health department. (g) Nothing in this article shall be construed to prohibit a physician's physician assistant from performing those acts the performance of which have been delegated to that physician's physician assistant pursuant to and in conformity with Code Section 4334-26.1 43-34-23. (h) A physician and a physician's physician assistant may enter into a temporary practice agreement exempt from any filing fees with the board by which agreement the physician supervises the services provided by the physician's physician assistant to patients at a specific facility or program operated by any organization exempt from federal taxes pursuant to Section 501(c)(3) of the federal Internal Revenue Code that provides 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, provided that: (1) Such services are provided primarily to financially disadvantaged patients; 4030 JOURNAL OF THE SENATE (2) Such services are free or at a charge to the patient based solely on the patient's ability to pay and provided, further, that such charges do not exceed the actual cost to the facility or program; (3) The supervising physician and the physician's physician assistant voluntarily and gratuitously donate their services; (4) Prior to providing any patient services, a copy of the temporary practice agreement, signed by both the supervising physician and the physician's physician assistant, is on file at the facility or program and is sent to the board; (5) The temporary practice agreement is for a specified period of time, limits the services of the physician's physician assistant to those within the usual scope of practice of the supervising physician, and is signed by both the supervising physician and the physician's physician assistant prior to the physician's physician assistant providing patient services; and (6) The facility or program has notified the board of its intent to provide patient services and utilize licensed physicians and physician's physician assistants under the conditions set out in this subsection. (i)(1) Notwithstanding any provision of this article to the contrary, a physician's physician assistant licensed pursuant to this article or licensed, certified, or otherwise authorized to practice in any other state or federal jurisdiction and whose license, certification, or authorization is in good standing who responds to a need for medical care created by conditions which characterize those of a state of emergency or public health emergency may render such care that the physician's physician assistant is able to provide with such supervision as is available at the immediate scene or at the local site where such need for medical care exists or at a relief site established as part of a state or local safety plan established pursuant to Chapter 3 of Title 38. Such services shall be provided by a physician's physician assistant in response to the request of an appropriate state or local official implementing a state or local emergency management plan or program, and in accordance with applicable guidelines established by such officials or plans. The authority granted by this Code section shall last no longer than 48 hours or such time as the board may establish under guidelines for supervision of the physician's physician assistant rendering medical care. (2) For the purposes of this subsection, the term 'public health emergency' has the same meaning as in paragraph (6) of Code Section 38-3-3, and the term 'state of emergency' has the same meaning as in paragraph (7) of Code Section 38-3-3. (j) A physician assistant shall be allowed to make a pronouncement of death pursuant to authority delegated by the supervising physician of the physician assistant and to certify such pronouncement in the same manner as a physician. (k) It shall be unlawful for a physician to be an employee of a physician assistant, alone or in combination with others, if the physician is required to supervise the physician assistant; provided, however, that this shall not apply to arrangements of this nature which were approved by the board on or before July 1, 2009. Arrangements approved prior to such date are nontransferable. Such conduct shall be subject to WEDNESDAY, APRIL 1, 2009 4031 sanctions by the board as to the physician and the physician assistant. 43-34-104. (a) Within a reasonable time after receipt of the documents required by Code Section 43-34-103 this article, the board shall give to the applicant written notice of approval or disapproval of the physician assistant's application; and, if approval of the application is given, the board shall issue to the assistant a license authorizing the assistant to perform medical tasks under the direction and supervision of the applying physician. (b) The board shall not approve an application unless it finds from the information forwarded with the application that the proposed physician's assistant is fully qualified to perform the tasks described in the job description and will be utilized in a manner that will not endanger the health and welfare of patients upon whom he may perform the described medical tasks applicant has complied with the requirements in this article. 43-34-105. On receipt of notice of the board's approval, a physician's physician assistant, under the direction of the applying physician, may perform the tasks described in the job description, provided that nothing in this Code section shall make unlawful the performance of a medical task by the physician's physician assistant, whether or not such task is specified in the general job description, when it is performed under the direct supervision and in the presence of the physician utilizing him or her. 43-34-106. Any physician, clinic, or hospital using a physician's physician assistant shall post a notice to that effect in a prominent place. 43-34-107. (a) The approval of a physician's utilization of a physician's physician assistant may be terminated and the license revoked by the board when, after due notice and a hearing, in accordance with this Code section, it shall find that the assistant is incompetent or has committed unethical or immoral acts, including, but not limited to, holding himself or herself out or permitting another to represent him or her as a licensed physician; performing otherwise than at the direction of a physician approved by the board to utilize the assistant's services; habitually using intoxicants or drugs to such an extent that he or she is unable safely to perform as an assistant to the physician; or being convicted in any court, state or federal, of any felony or other criminal offense involving moral turpitude. (b) Before the board shall give written notice to the physician's physician assistant of termination of approval granted by it to an assistant, it will give to the assistant a timely and reasonable written notice indicating the general nature of the charges, accusation, or complaint preferred against him and stating that the assistant will be given an opportunity to be heard concerning such charges or complaints; and it shall hold a public hearing within a reasonable time. Following such hearing, the board shall 4032 JOURNAL OF THE SENATE determine, on the basis of its regulations, whether the approval of the assistant shall be terminated. (c) In hearings held pursuant to this Code section, the board shall apply the rules of evidence as prescribed in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) The board may impose on a physician assistant any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8. 43-34-108. In addition to the powers specifically delegated to it in this article, the board shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient development of the category of health care established by this article. The board shall have the authority to promulgate rules and regulations governing the definitions of delegation by physicians to qualified persons other than physician's physician assistants of any acts, duties, or functions which are permitted by law or established by custom. Any power vested by law in the board, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by the board in a reasonable manner, pursuant to such rules, regulations, and procedures as the board may adopt and subject to such limitations as may be provided by law. 43-34-109. If a patient receives medical services from a physician assistant more than two times in a 12 month period, the primary or alternate supervising physician shall see such patient on no less than one subsequent visit by the patient during the same 12 month period. 43-34-110. Nothing in this article shall be construed to allow a physician assistant to perform an abortion or to administer, prescribe, or issue a drug order that is intended to cause abortion to occur pharmacologically. ARTICLE 5 43-34-120. This article shall be known and may be cited as the 'Controlled Substances Therapeutic Research Act.' 43-34-121. (a) The General Assembly finds and declares that the potential medicinal value of marijuana has received insufficient study due to a lack of financial incentives for the undertaking of appropriate research by private drug manufacturing concerns. Individual physicians cannot feasibly utilize marijuana in clinical trials because of federal governmental controls which involve expensive, time-consuming approval and WEDNESDAY, APRIL 1, 2009 4033 monitoring procedures. (b) The General Assembly further finds and declares that limited studies throughout the nation indicate that marijuana and certain of its derivatives possess valuable and, in some cases, unique therapeutic properties, including the ability to relieve nausea and vomiting which routinely accompany chemotherapy and irradiation used to treat cancer patients. Marijuana also may be effective in reducing intraocular pressure in glaucoma patients who do not respond well to conventional medications. (c) The General Assembly further finds and declares that, in enabling individual physicians and their patients to participate in a state-sponsored program for the investigational use of marijuana and its derivatives, qualified physicians and surgeons throughout the state will be able to study the benefits of the drug in a controlled clinical setting, and additional knowledge will be gained with respect to dosage and effects. (d) It is the intent of the General Assembly in enacting this article to permit research into the therapeutic applications of marijuana and its derivatives in cancer and glaucoma patients. This would allow qualified physicians approved by the Patient Qualification Review Board created by Code Section 43-34-124 to provide the drug on a compassionate basis to seriously ill persons suffering from the severe side effects of chemotherapy or radiation treatment and to persons suffering from glaucoma who are not responding to conventional treatment, which persons would otherwise have no lawful access to it. It is the further intent of the General Assembly to facilitate clinical trials of marijuana and its derivatives, particularly with respect to persons suffering from cancer and glaucoma who would be benefited by use of the drug. (e) This article is limited to clinical trials and research into therapeutic applications of marijuana only for use in treating glaucoma and in treating the side effects of chemotherapeutic agents and radiation and should not be construed as either encouraging or sanctioning the social use of marijuana. Nothing in this article shall be construed to encourage the use of marijuana in lieu of or in conjunction with other accepted medical treatment, but only as an adjunct to such accepted medical treatment. 43-34-122. As used in this article, the term: (1) 'Composite board' 'Board' means the Georgia Composite State Medical Board of Medical Examiners established pursuant to Article 2 of this chapter. (2) 'Marijuana' means marijuana or tetrahydrocannabinol, as defined or listed in Article 2 of Chapter 13 of Title 16. (3) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of this chapter. (4) 'Program' means the Controlled Substances Therapeutic Research Program established pursuant to Code Section 43-34-123. (5) 'Review board' means the Patient Qualification Review Board established pursuant to Code Section 43-34-124. 43-34-123. (a) There is established under the Georgia Composite State Medical Board of Medical 4034 JOURNAL OF THE SENATE Examiners the Controlled Substances Therapeutic Research Program, which shall be administered by the composite board. Under the program, the composite board shall act as a sponsor of state-wide investigational studies, utilizing as drug investigators individual physicians who elect to participate in accordance with the guidelines and protocols developed by the composite board. Such guidelines and protocols shall be designed to ensure that stringent security and record-keeping requirements for research drugs are met and that participants in the program meet those research standards necessary to establish empirical bases for the evaluation of marijuana as a medically recognized therapeutic substance. The composite board shall promulgate such rules and regulations as it deems necessary or advisable to administer the program. In promulgating such guidelines, protocols, rules, and regulations, the composite board shall take into consideration those pertinent rules and regulations promulgated by the Federal Drug Enforcement Agency, the Food and Drug Administration, and the National Institute on Drug Abuse. (b) The program shall be limited to patients who are certified to the composite board by a physician as being: (1) Cancer patients involved in a life-threatening situation in which treatment by chemotherapy or radiology has produced severe side effects; or (2) Glaucoma patients who are not responding to conventional controlled substances. (c) No patient may be admitted to the program without full disclosure by the physician of the experimental nature of the program and of the possible risks and side effects of the proposed treatment. (d) The cost of any blood test required by the federal Food and Drug Administration prior to entrance into the program shall be paid by the patient seeking entrance into the program. (e) Only the following persons shall have access to the names and other identifying characteristics of patients in the program for whom marijuana has been prescribed under this article: (1) The composite board; (2) The review board created by Code Section 43-34-124; (3) The Attorney General or his or her designee; (4) Any person directly connected with the program who has a legitimate need for the information; and (5) Any federal agency having responsibility for the program. 43-34-124. (a) The composite board shall appoint the Patient Qualification Review Board. Each member of the review board shall be approved for such membership by a majority vote of the composite board and shall serve at the pleasure of the composite board. The review board shall be composed of: (1) A board certified physician in ophthalmology; (2) A board certified physician in surgery; (3) A board certified physician in internal medicine and medical oncology; WEDNESDAY, APRIL 1, 2009 4035 (4) A board certified physician in psychiatry; (5) A board certified physician in radiology; and (6) A pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists, pharmacy, and drugs. (b) The review board shall elect from its members a chairman chairperson and a vicechairman vice chairperson. The review board shall hold regular meetings at least once every 60 days and shall meet at such additional times as shall be called by the chairman chairperson of the review board or the president chairperson of the composite board. Each member of the review board shall receive for services for each day's attendance upon meetings of such board the same amount authorized by law for members of the General Assembly for attendance upon meetings of the General Assembly. (c) The composite board shall adopt such rules and regulations as it deems necessary for the performance of the duties of the review board. (d) The review board shall review all patient applicants for the program and their physicians and shall certify those qualified for participation in the program. The review board shall additionally certify pharmacies which are licensed by the state and which are otherwise qualified and certify physicians regarding the distribution of marijuana pursuant to Code Section 43-34-125. Meetings of the review board to certify patients, physicians, or pharmacies shall not be open to the public, as otherwise required by Chapter 14 of Title 50. 43-34-125. (a) The composite board shall apply to contract with the National Institute on Drug Abuse for receipt of marijuana pursuant to this article and pursuant to regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Federal Drug Enforcement Agency. (b) The composite board shall cause marijuana approved for use in the program to be transferred to a certified pharmacy, licensed by the state, for distribution to the certified patient by a licensed pharmacist upon a written order for research medication of the certified physician, pursuant to this article. Any reasonable costs incurred by the composite board in obtaining or testing marijuana shall be charged to participating physicians who may seek reimbursement from their research subjects utilizing the marijuana. 43-34-126. Patient participants in the program are immune from state prosecution for possession of marijuana as authorized by this article and under the program established in this article. A person authorized under this program shall not possess an amount of marijuana in excess of the amount prescribed under the authority of this article. The amount prescribed shall be maintained in the container in which it was placed at the time the prescription was filled. Physician, pharmacy, and pharmacist participants in the program are immune from state prosecution for possession, distribution, and any other use of marijuana, which use is authorized such persons by this article. Any such 4036 JOURNAL OF THE SENATE possession, distribution, or other use not authorized by this article shall be enforced and punished as provided in Chapter 13 of Title 16, relating to controlled substances and dangerous drugs, and Chapter 4 of Title 26, relating to pharmacists and pharmacies. ARTICLE 6 43-34-140. This article shall be known and may be cited as the 'Respiratory Care Practices Act.' 43-34-141. The General Assembly finds and declares that the practice of respiratory care in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control. 43-34-142. As used in this article, the term: (1) 'Board' means the Georgia Composite State Medical Board of Medical Examiners as created by Code Section 43-34-21. (2) 'Respiratory care' means the rendering of services to patients with deficiencies or abnormalities which affect the pulmonary and cardiac systems and which services involve therapy, management, rehabilitation, diagnostic evaluation, education, or care of such patients with regard to such deficiencies or abnormalities. (3) 'Respiratory care professional' means any person certified under this article to practice respiratory care. 43-34-143. The board, in consultation with the advisory committee, shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for certification, renewal of the certificate, and reciprocal certification; (2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of respiratory care professional applicants and certificate holders under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and certification fees; (6) Request and receive the assistance of state educational institutions or other state agencies; (7) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the WEDNESDAY, APRIL 1, 2009 4037 general public and appropriate state agencies; and (8) Establish continuing education requirements. 43-34-144. The board shall, upon application and payment of fees, issue a certification to perform respiratory care to persons who are not certified under this article but who were practicing respiratory care in this state on April 27, 1993, upon written evidence of such practice verified under oath. Such persons shall complete their application for certification no later than 18 months following April 27, 1993. A person granted a certification under this Code section shall be subject to the other provisions of this article relating to persons granted such certifications under Code Section 43-34-145, including but not limited to continuing education requirements. 43-34-145 43-34-144. (a) Each applicant for certification as a respiratory care professional shall meet the following requirements: (1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted any fees required by the board; (4) Has successfully passed the entry level examination given by the National Board for Respiratory Care, Inc., or such other examination as the board may in its discretion administer or approve; and (5) Has met such other requirements as may be prescribed by the board. (b) In addition to the requirements specified in subsection (a) of this Code section, each applicant for certification under this chapter article shall be working under the supervision or direction of a person licensed under Article 2 of this chapter and shall, in order to maintain certification, continue to work under the supervision or direction of a person licensed under Article 2 of this chapter. 43-34-146 43-34-145. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection. 43-34-147 43-34-146. (a) Any document evidencing certification issued by the board is the property of the board and must be surrendered on demand. (b) The certificate holder shall display the document evidencing certification in an appropriate and public manner. (c) The certificate holder shall inform the board of any change of his address. (d) The certificate shall be renewed biennially if the certificate holder is not in violation of this article at the time of application for renewal and if the applicant fulfills 4038 JOURNAL OF THE SENATE current requirements of continuing education as established by the board. (e) Each person certified under this article is responsible for renewing his or her certificate before the expiration date. (f) Under procedures and conditions established by the board, a certificate holder may request that his or her certification be declared inactive. The certificate holder may apply for active status at any time and upon meeting the conditions set by the board shall be declared active. (g) The board shall be authorized to: (1) Require persons seeking renewal of certification as respiratory care professionals under this article to complete board approved continuing education; (2) Establish the number of hours of continuing education to be completed as well as the categories in which the continuing education is to be completed; and (3) Approve courses offered by institutions of higher learning, specialty societies, or professional organizations. 43-34-147.1 43-34-147. Upon payment of a fee determined by the board, a temporary permit may be issued to practice respiratory care for a period of: (1) Twelve For a period of 12 months to an applicant for certification under Code Section 43-34-147.2 43-34-148 providing that applicant presents written evidence verified by oath that the applicant was certified, licensed, or practicing respiratory care within the last 12 months in another state; or (2) Eighteen months to To a person who is a graduate of an accredited respiratory therapy program accredited by the Commission on Accreditation of Allied Health Education Programs, or the equivalent thereof as accepted by the board, pending completion of the other requirements for certification under this article. 43-34-147.2 43-34-148. An individual who has been granted certification, registration, licensure, or other authority by whatever name known to practice respiratory care in another state having requirements for such authority to practice which are substantially equal to or which exceed the requirements for a similar certificate in this state may petition the board for reciprocity in this state and, upon submission of an application and requisite fees and upon verification by oath and submission of evidence acceptable to the board, may be granted a certificate to practice respiratory care in Georgia. 43-34-148. 43-34-149. (a) The board, in consultation with the advisory committee, may: impose on a respiratory care professional any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8. (1) Refuse to grant or renew certification to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be WEDNESDAY, APRIL 1, 2009 4039 disclosed to any person except the certificate holder; (3) Suspend the certificate of any certificate holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said certificate; (4) Limit or restrict any certificate as the board deems necessary for the protection of the public; (5) Revoke any certificate; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or certificate holder's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the certificate holder or applicant has: (1) Failed to demonstrate the qualifications or standards for certification contained in this Code section, or under the laws, rules, or regulations under which certification is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for certification, and, if the board is not satisfied as to the applicant's qualifications, it may deny certification without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession certified under this title or on any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a certified business or profession, or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) 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; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; 4040 JOURNAL OF THE SENATE (5) Had his certificate under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him by any such lawful authority other than the board; or was refused the renewal of certification by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the certificate holder or applicant to practice a business or profession certified under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the certified business or profession but shows that the certificate holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession certified under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any uncertified person or any certificate holder whose certificate has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the certificate holder by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession certified under this article, when the certificate holder or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or certification reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession certified under this article with reasonable skill and safety to the public or has become unable to practice the certified business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. 43-34-149. 43-34-150. The board shall appoint a respiratory care advisory committee. The committee shall be composed of persons engaged in the practice of respiratory therapy, persons licensed under Article 2 of this chapter who specialize or are board certified in pulmonary WEDNESDAY, APRIL 1, 2009 4041 medicine, and such members as the board at its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. 43-34-150. 43-34-151. (a) Unless certified under this article or exempted under subsection (b) of this Code section, no person shall: (1) Practice respiratory care; or (2) Represent himself or herself to be a respiratory care professional who is certified under this article. (b) The prohibition in subsection (a) of this Code section does not apply to: (1) The delivery of respiratory care by health care personnel who have been formally trained in these modalities and who are duly licensed to provide that care under any other provision of this title; (2) The practice of respiratory care which is an integral part of the program of study by students enrolled in a respiratory care education program recognized by the Joint Review Committee for Respiratory Therapy Education and the American Medical Association Committee on Allied Health Education and Accreditation (CAHEA) or the equivalent thereof as accepted by the board. Students enrolled in respiratory therapy education programs shall be identified as 'student-RCP' and shall only provide respiratory care under direct clinical supervision; (3) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care professional; (4) Respiratory care services rendered in the course of an emergency or disaster; (5) Persons in the military services or working in federal facilities when functioning in the course of their assigned duties; (6) The performance of respiratory care diagnostic testing by individuals who are certified or registered as pulmonary function technologist technologists by the National Board for Respiratory Care, or equivalent certifying agency, as recognized by the board; (7) The delivery, assembly, setup, testing, and demonstration of oxygen and aerosol equipment upon the order of a physician licensed under Article 2 of this chapter; or (8) Persons who perform limited respiratory care procedures under the supervision of a certified respiratory care professional in a hospital or nursing home when the board has defined the competencies required to perform such limited respiratory care procedures; or (9) Persons who perform polysomnography under Code Section 43-34-45. (c) Any person violating the prohibition of subsection (a) of this Code section shall be guilty of a misdemeanor. (d) Practitioners regulated under this article shall be covered pursuant to Code Section 51-1-29. (e) Nothing in this article shall be construed to permit the practice of medicine as defined by this chapter. 4042 JOURNAL OF THE SENATE 43-34-151. 43-34-152. Proceedings under this article shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' ARTICLE 7 43-34-170. This article shall be known and may be cited as the 'Clinical Perfusionist Licensure Act.' 43-34-171. As used in this article, the term: (1) 'Advisory committee' means the committee appointed pursuant to Code Section 43-34-180. (2) 'Board' means the Georgia Composite State Medical Board of Medical Examiners created by Code Section 43-34-21. (3) 'Extracorporeal circulation' means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the function of the patient's heart, lungs, kidneys, liver, or other organ. (4) 'License' means a license to practice as a licensed clinical perfusionist or provisional licensed clinical perfusionist. (5) 'Licensed clinical perfusionist' means a person licensed as such pursuant to this article. (6) 'Perfusion' means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, or respiratory system or other organ, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under the order and supervision of a physician, including, but not limited to: (A) The use of extracorporeal circulation; long-term cardiopulmonary support techniques, including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation; and associated therapeutic and diagnostic technologies; (B) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion; (C) The use of techniques involving blood management, advanced life support, and other related functions; (D) In the performance of the acts described in subparagraphs (A) through (C) of this paragraph: (i) The administration of: (I) Pharmacological and therapeutic agents; or (II) Blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician; or WEDNESDAY, APRIL 1, 2009 4043 (ii) The performance and use of: (I) Coagulation monitoring and analysis; (II) Physiologic monitoring and analysis; (III) Blood gas and chemistry monitoring and analysis; (IV) Hematological monitoring and analysis; (V) Hypothermia and hyperthermia; (VI) Hemoconcentration and hemodilution; and (VII) Hemodialysis; and (E) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, clinical perfusion protocols, or changes in, or the initiation of, emergency procedures. (7) 'Perfusion protocols' means perfusion related policies and protocols developed or approved by a licensed health care facility or a physician through collaboration with administrators, licensed clinical perfusionists, and other health care professionals. (8) 'Physician' means a person licensed to practice medicine under Article 2 of this chapter. (9) 'Provisional licensed clinical perfusionist' means a person provisionally licensed pursuant to this article. 43-34-172. The board, in consultation with the advisory committee, shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of board applicants for licensure as licensed clinical perfusionists and provisional licensed clinical perfusionists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish education, examination, and continuing education requirements. 43-34-173. (a) Except as otherwise provided in subsection (b) of this Code section, each applicant 4044 JOURNAL OF THE SENATE for a license to practice as a licensed clinical perfusionist shall meet the following requirements: (1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Have successfully completed a perfusion education program approved by the board, which program has educational standards at least as stringent as programs approved by the Committee on Allied Health Education and Accreditation (CAHEA) prior to 1994 or the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor; (5) Pass a competency examination prepared or approved by the board and administered to qualified applicants at least once each calendar year, which examination may be or may include the complete examination given by the American Board of Cardiovascular Perfusion (ABCP) or its successor; and (6) Have met such other requirements as may be prescribed by the board. (b) Notwithstanding the provisions of subsection (a) of this Code section, a person may apply to the board before January 1, 2003, and be granted a license as a licensed clinical perfusionist upon satisfactory proof that the person was operating cardiopulmonary bypass systems during cardiac surgical cases in a licensed health care facility as the person's primary function for at least six of those eight years immediately preceding the date of application. (b) The executive director, with the approval of the chairperson of the board, may in his or her discretion issue a temporary license to an applicant, which license shall have the same force and effect as a permanent license until the next regular meeting of the board at which time the temporary license shall become void. 43-34-174. (a) A license is not the property of the holder but is the property of the board. A license to practice perfusion is valid for two years. The board may provide that licenses expire on various dates. A person may renew an unexpired license by submitting proof of current certification by the American Board of Cardiovascular Perfusion (ABCP) or its successor and compliance with the continuing professional education requirements prescribed by the board and paying the required renewal fee to the board before the expiration date of the license. (b) The license holder must: (1) Display the license in an appropriate and public manner; or (2) Maintain on file at all times during which the license holder provides services in a health care facility a true and correct copy of the license certificate in the appropriate records of the facility and keep the board informed of any change of address. (c) A license issued by the board is the property of the board and shall be surrendered on demand. (d) Each person licensed under this article shall be responsible for renewing his or her license before the expiration date. WEDNESDAY, APRIL 1, 2009 4045 (e) If a person's license has been expired for not more than two years three months, the person may renew the license by submitting proof, satisfactory to the board, of compliance with the continuing professional education requirements prescribed by the board and any penalty fee prescribed by the board. (f) If a person's license has been expired for more than two years three months, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining a license. (g) The board may renew reinstate without reexamination an expired license of a person who was licensed in this state, moved to another state or states, is currently licensed or certified, and has been in practice in another state or states for two years immediately preceding the person's application to renew reinstate a license. The person shall pay the required fee as established by the board. 43-34-175. (a) A license as a provisional licensed clinical perfusionist may be issued by the board to a person who submits to the board evidence of having successfully completed an approved perfusion education program required for licensure under Code Section 4334-173 and upon the filing of an application and payment of the application fee. (b) A provisional licensed clinical perfusionist shall be under the supervision and direction of a licensed clinical perfusionist at all times during which the provisional licensed clinical perfusionist performs perfusion. The board may promulgate rules governing such supervision and direction but shall not require the immediate physical presence of the supervising licensed clinical perfusionist. (c) A provisional license shall be valid for two years from the date it is issued and may not be renewed. The provisional licensee must comply with all of the requirements for licensure under Code Section 43-34-173 prior to the expiration of the two-year provisional license period. A provisional licensee may submit an application for licensure as a licensed clinical perfusionist once he or she has complied with all of the requirements for licensure under Code Section 43-34-173. (d) If a person fails to meet the requirements for licensure under Code Section 43-34173 on or before the expiration of the two-year provisional license period, such person's provisional license shall be automatically revoked and surrendered to the board. 43-34-176. On receipt of an application and application fee, the board may waive the examination and educational requirements for an applicant who at the time of application: (1) Is appropriately licensed or certified in another state, territory, or possession whose requirements for the license or certificate are substantially equal to the requirements of this article; or (2) Holds a current certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP) or its successor. 4046 JOURNAL OF THE SENATE 43-34-177. (a) A person may not engage or offer to engage in perfusion or use the title or represent or imply that the person has the title of 'licensed clinical perfusionist' or 'provisional licensed clinical perfusionist' or use the letters 'L.C.P.' or 'P.L.C.P.' and may not use any facsimile of such titles in any manner to indicate or imply that the person is a licensed clinical perfusionist or provisional licensed clinical perfusionist unless the person holds an appropriate license issued pursuant to this article or is exempted under the provisions of Code Section 43-34-178. (b) A person may not use the title or represent or imply that such person has the title 'certified clinical perfusionist' or use the letters 'C.C.P.' and may not use any facsimile of such title in any manner to indicate or imply that such person is a certified clinical perfusionist certified by the American Board of Cardiovascular Perfusion (ABCP) unless the person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP). (c) Any person who violates the provisions of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor. 43-34-178. (a) The provisions of Code Section 43-34-177 shall not apply to: (1) A person licensed as a physician pursuant to Article 2 of this chapter; (2) A person licensed under this title as a registered professional nurse or a licensed physician's physician assistant or certified as a respiratory care professional under this title if: (A) The person does not represent to the public, directly or indirectly, that the person is licensed pursuant to this article and does not use any name, title, or designation indicating that he or she is licensed pursuant to this article; and (B) The person limits his or her acts or practice to the scope of practice authorized by the appropriate licensing agency; (3) Any person performing autotransfusion who possesses appropriate training and practices within the guidelines of the American Association of Blood Banks under the supervision of a perfusionist licensed under this article or a physician licensed under Article 2 of this chapter; (4) A student enrolled in an accredited perfusion education program if the perfusion services performed are: (A) An integral part of the student's course of study; and (B) Performed under the direct supervision of a licensed clinical perfusionist who is assigned to supervise the student and is on duty and immediately available in the assigned patient care area; (5) The practice of any legally qualified perfusionist employed by the United States government while in the discharge of his or her official duties; or (6) A person working as a dialysis care technician in an end stage renal disease facility licensed pursuant to Chapter 44 of Title 31 or a licensed hospital. (b) Any person violating the prohibition of subsection (a) of this Code section shall be WEDNESDAY, APRIL 1, 2009 4047 guilty of a felony. 43-34-179. (a) The board, in consultation with the advisory committee, may: impose on a licensed clinical perfusionist or a provisional licensed clinical perfusionist any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8. (1) Refuse to grant or renew licensure to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the license holder; (3) Suspend the license of any license holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of such license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or license holder's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the license holder or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this article or under the laws, rules, or regulations under which licensure is sought or held. The applicant shall demonstrate to the satisfaction of the board that he or she meets all the requirements for licensure, and, if the board is not satisfied as to the applicant's qualifications, it may deny licensure without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining licensure to practice a licensed business or profession; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) 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; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where: 4048 JOURNAL OF THE SENATE (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license under this article revoked, suspended, or annulled by any lawful authority other than the board; had other disciplinary action taken against him or her by any such lawful authority other than the board; or was refused the renewal of licensure by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the license holder or applicant to practice a business or profession licensed under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the license holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any license holder whose license has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the license holder by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this article, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this article, when the license holder or applicant knows or should know that such action is in violation of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or licensure reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession licensed under this article with reasonable skill and safety to the public or has become unable to practice WEDNESDAY, APRIL 1, 2009 4049 the licensed business or profession with reasonable skill and safety to the public by reason of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material. 43-34-180. The board shall appoint an advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the include clinical perfusionists licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory Advisory committee members must be licensed pursuant to this article. ARTICLE 8 43-34-190. This article shall be known and may be cited as the 'Orthotics and Prosthetics Practice Act.' 43-34-191. The General Assembly finds that the practice of orthotics and prosthetics in this state is an allied health profession recognized by the American Medical Association, with educational standards established by the Commission on Accreditation of Allied Health Education Programs. The increasing population of elderly and physically challenged individuals who need orthotic and prosthetic services requires that the orthotic and prosthetic professions be regulated to ensure the provision of high-quality services and devices. The people of this state deserve the best care available and will benefit from the assurance of initial and ongoing professional competence of the orthotists and prosthetists practicing in this state. The practice of orthotics and prosthetics serves to improve and enhance the lives of individuals with disabilities by enabling them to resume productive lives following serious illness, injury, or trauma. Unregulated dispensing of orthotic and prosthetic care does not adequately meet the needs or serve the interests of the public. In keeping with requirements imposed on similar health disciplines, licensure of the orthotic and prosthetic professions will help ensure the health and safety of consumers, as well as maximize their functional abilities and productivity levels. This article shall be liberally construed to best carry out these subjects and purposes. 43-34-192. As used in this article, the term: (1) 'Assistant' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with patient care services and fabrication of orthoses or prostheses under the 4050 JOURNAL OF THE SENATE supervision of a licensed orthotist or prosthetist. (2) 'Board' means the Georgia Composite Medical Board of State Medical Examiners created by Code Section 43-34-21. (3) 'Custom fabricated and fitted device' means that an orthosis or prosthesis is fabricated to original measurements or a mold, or both, for use by a patient in accordance with a prescription and which requires substantial clinical and technical judgment in its design and fitting. (4) 'Custom fitted device' means a prefabricated orthosis or prosthesis sized, or modified, or both, for use by a patient in accordance with a prescription and which requires substantial clinical judgment and substantive alteration for appropriate use. (5) 'Facility' means the business location where orthotic or prosthetic care is provided and which has the appropriate clinical and laboratory space and equipment to provide comprehensive orthotic or prosthetic care. Licensed orthotists and prosthetists must be available to either provide care or supervise the provision of care by nonlicensed staff. (6) 'Level of competence' means a hierarchical position that an individual occupies within a field or profession relative to other practitioners in the profession. (7) 'Licensed orthotist' means a person licensed under this article to practice orthotics and who represents himself or herself to the public by title and description of services that includes the term 'orthotic,' 'orthotist,' 'brace,' or a similar title or description of services. (8) 'Licensed physician' means a person licensed to practice medicine under Article 2 of this chapter. (9) 'Licensed podiatrist' means a person licensed to practice podiatry under Chapter 35 of this title, the 'Georgia Podiatry Practice Act.' (10) 'Licensed prosthetist' means a person licensed under this article to practice prosthetics and who represents himself or herself to the public by title and description of services that includes the term 'prosthetic,' 'prosthetist,' 'artificial limb,' or a similar title or description of services. (11) 'Off-the-shelf device' means a prefabricated prosthesis or orthosis sized or modified, or both, for use by a patient in accordance with a prescription and which does not require substantial clinical judgment and substantive alteration for appropriate use. (12) 'Orthosis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to correct, support, or compensate for a neuromusculoskeletal disorder or acquired condition. Orthosis does not include fabric or elastic supports, corsets, arch supports, low-temperature plastic splints, trusses, elastic hoses, canes, crutches, soft cervical collars, dental appliances, or other similar devices that are carried in stock and sold as over-the-counter items by a drug store, department store, corset shop, or surgical supply facility. (13) 'Orthotic and prosthetic education program' means a course of instruction accredited by the Commission on Accreditation of Allied Health Education Programs consisting of: WEDNESDAY, APRIL 1, 2009 4051 (A) A basic curriculum of college level instruction in math, physics, biology, chemistry, and psychology; and (B) A specific curriculum in orthotic or prosthetic courses, including: (i) Lectures covering pertinent anatomy, biomechanics, pathomechanics, prosthetic or orthotic components and materials, training and functional capabilities, prosthetic or orthotic performance evaluation, prescription considerations, etiology of amputations and disease processes necessitating prosthetic or orthotic use, and medical management; (ii) Subject matter related to pediatric and geriatric problems; (iii) Instruction in acute care techniques, such as immediate and early postsurgical prosthetics and fracture bracing techniques; and (iv) Lectures, demonstrations, and laboratory experiences related to the entire process of measuring, casting, fitting, fabricating, aligning, and completing prostheses or orthoses. (14) 'Orthotic and prosthetic scope of practice' means a list that includes the role played by an occupant of a particular level of competence, what he or she can be expected to do and not to do, and his or her relation to others in the field. These should be based on nationally accepted standards of orthotic and prosthetic certifying agencies with accreditation by the National Commission for Certifying Agencies. (15) 'Orthotics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis under an order from a licensed physician or podiatrist for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. (16) 'Orthotist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, or modified and fitted external orthosis to an orthotic patient based on a clinical assessment and a physician's or podiatrist's prescription to restore physiological function or cosmesis or both and who represents himself or herself to the public by such title as providing orthotic services. (17) 'Over-the-counter device' means a prefabricated, mass produced device that is prepackaged and requires no professional advice or judgment in either size selection or use and includes fabric or elastic supports, corsets, generic arch supports, and elastic hoses. (18) 'Person' means a natural person. (19) 'Prosthesis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to replace an absent external limb for purposes of restoring physiological function or cosmesis or both. Prosthesis does not include artificial eyes, ears, fingers, or toes; dental appliances; cosmetic devices such as artificial breasts, eyelashes, or wigs; or other devices that do not have a significant impact on the musculoskeletal functions of the body. (20) 'Prosthetics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a licensed physician or podiatrist. 4052 JOURNAL OF THE SENATE (21) 'Prosthetist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, modified, and fitted external limb prosthesis to a prosthetic patient based on a clinical assessment and a physician's or podiatrist's prescription, to restore physiological function or cosmesis or both and who represents himself or herself to the public by such title as providing prosthetic services. (22) 'Prosthetist orthotist' means a person who practices both disciplines of prosthetics and orthotics and who represents himself or herself to the public by such title as providing prosthetic and orthotic services. (23) 'Resident' means a person who has completed an education program in either orthotics or prosthetics and is continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education. (24) 'Technician' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with fabrication of orthoses or prostheses but does not provide direct patient care. 43-34-193. This article shall not be construed to prohibit: (1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (3) The practice of orthotics or prosthetics by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties; (4) The practice of orthotics or prosthetics by: (A) A student enrolled in a school of orthotics or prosthetics; or (B) A resident continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education; (5) The practice of orthotics or prosthetics by a person who is an orthotist or prosthetist licensed under the laws of another state or territory of the United States or another country and has applied in writing to the board, in a form and substance satisfactory to the board, for a license as an orthotist or prosthetist and who is qualified to receive the license until: (A) The expiration of six months after the filing of the written application; (B) The withdrawal of the application; or (C) The denial of the application by the board; (6) A person licensed by this state as a physical therapist or occupational therapist from engaging in his or her profession; (7) A licensed podiatrist from engaging in his or her profession; (8) A licensed athletic trainer from engaging in his or her profession; (9) A registered pharmacist from engaging in the practice for which he or she is registered; WEDNESDAY, APRIL 1, 2009 4053 (10) Any person licensed, certified, or permitted under any other article of this chapter from engaging in the practice for which he or she is licensed, certified, or permitted; (11) The measuring, molding, or fitting of knee braces by any person; (12) Employees or authorized representatives of an orthotic manufacturer from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering an orthotic device under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice and meeting the criteria of the Part II Policy and Procedures for Orthotics and Prosthetics Services pursuant to Title XIX of the federal Social Security Act, as amended; or (13) A board certified pedorthist from manufacturing, fabricating, dispensing, or any combination thereof custom foot orthotics or foot or ankle gauntlets. 43-34-194. An application for an original license shall be made to the board on a form prescribed thereby and shall be accompanied by the required fee, which shall not be refundable. An application shall require information that in the judgment of the board will enable it to determine the qualifications of the applicant for a license. 43-34-195. (a) To qualify for a license to practice orthotics or prosthetics, a person shall: (1)(A) Possess a baccalaureate degree from a college or university; (B) Have completed the amount of formal training, including, but not limited to, any hours of classroom education and clinical practice, established and approved by the board; and (C) Complete a clinical residency in the professional area for which a license is sought in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training must be devoted to services performed in the discipline for which the license will be sought and under the supervision of a practitioner licensed in orthotics or prosthetics or a person certified as an orthotist, prosthetist, or prosthetist orthotist, provided that the certification was obtained before the date this article becomes effective; or (2)(A) Possess an associate's degree from a college or university with specific courses of study in human anatomy, physiology, physics, chemistry, and biology; and (B) Have completed at least five years of continued work experience performed in the discipline for which the license will be sought under the supervision of a practitioner licensed in such discipline or certified in such discipline by an agency accredited by the National Commission for Certifying Agencies; (3) Pass all written, practical, and oral examinations that are required and approved by the board; 4054 JOURNAL OF THE SENATE (4) Be qualified to practice in accordance with nationally accepted standards of orthotic and prosthetic care; and (5) Have met such other requirements as may be prescribed by the board. (b) The standards and requirements for licensure established by the board shall be substantially equal to or in excess of standards commonly accepted in the profession of orthotics or prosthetics. The board shall adopt rules as necessary to set the standards and requirements. (c) A person may be licensed in more than one discipline. 43-34-196. The board, in consultation with the advisory committee, may impose on a licensed orthotist or prosthetist any sanction authorized under subsection (b) of Code Section 4334-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8. shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of board applicants for licensure as licensed orthotists and prosthetists and provisional licensed orthotists and prosthetists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish education, examination, and continuing education requirements. 43-34-197. (a) No person shall work as an assistant to an orthotist, prosthetist, or prosthetist orthotist and provide patient care services or fabrication of orthoses or prostheses unless he or she is doing the work under the supervision of a licensed orthotist, prosthetist, or prosthetist orthotist. (b) No person shall work as a technician unless the work is performed under the supervision of a person licensed under this article. 43-34-198. (a) Until July 1, 2007, a person certified as an orthotist, prosthetist, or prosthetist orthotist by the American Board for Certification in Orthotics and Prosthetics, WEDNESDAY, APRIL 1, 2009 4055 Incorporated or the Board of Orthotist/Prosthetist Certification, or holding similar certifications from other accrediting bodies with equivalent educational requirements and examination standards, may apply for and may be granted orthotic or prosthetic licensure under this article upon payment of the required fee. After that date, any applicant for licensure as an orthotist or a prosthetist shall meet the requirements of subsection (a) of Code Section 43-34-195. (b) On and after July 1, 2007, no person shall practice orthotics or prosthetics in this state and hold himself or herself out as being able to practice such professions unless he or she is licensed in accordance with this article or is exempt from such licensing. A person who violates this subsection shall, upon conviction thereof, be guilty of a misdemeanor. (c) Not later than August 30, 2006, a person who has practiced full time for a minimum of the past seven years in this state in a prosthetic orthotic facility as an orthotist or prosthetist may file with the board an application and the license fee determined by the board in order to continue to practice orthotics or prosthetics without satisfaction of the examination and education requirements. The board shall investigate the work history, qualifications, and fitness of the applicant. The investigation may include, but not be limited to, completion by the applicant of a questionnaire regarding the applicant's work history and scope of practice. The board shall complete its investigation for purposes of this Code section within six months of receipt of a fully completed application. If, after receipt of the application fee, a fully completed application, and the completion of the investigation, the board determines that the applicant satisfied the work history requirements of this Code section and met all other qualifications for licensure, except the examination and education requirements, the board shall issue a license to practice orthotics or prosthetics. A license issued to a person under this subsection shall not be renewed without compliance with the requirements of Code Section 43-34-195. 43-34-199. A licensed orthotist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist. A licensed prosthetist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist. 43-34-200. (a) The expiration date and renewal period for each license issued under this article shall be set by the board. A license shall be valid for a period of up to two years and shall be renewed biennially as provided by rule of the board. The board shall establish continuing education requirements for the renewal of a license. These requirements shall be based on established standards of competence in the field of orthotics or prosthetics. (b) A person who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by: (1) Making application to the board; 4056 JOURNAL OF THE SENATE (2) Filing proof acceptable to the board of his or her fitness to have his or her license restored including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the board; and (3) Paying the required restoration fee. If the person has not maintained an active practice in another jurisdiction satisfactory to the board, the board shall determine, by an evaluation program established by rule, such person's fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of an examination. (c) A person whose license expired while he or she was: (1) In federal service on active duty within the armed forces of the United States or with the state militia and called into service or training; or (2) In training or education under the supervision of the United States preliminary to induction into military service may have his or her license renewed or restored without paying a lapsed renewal fee if, within two years after termination from the service, training, or education except under conditions other than honorable, he or she furnishes the board with satisfactory evidence that he or she has been so engaged and that his or her service, training, or education has been terminated. 43-34-201. A person who notifies the board on forms prescribed thereby may elect to place his or her license on an inactive status and shall, subject to rules of the board, be excused from payment of renewal fees until he or she notifies the board of his or her desire to resume active status. A person requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in Code Section 43-34-200. An orthotist or prosthetist whose license is on inactive status shall not practice orthotics or prosthetics in this state. 43-34-202. The board may, at its discretion, license as an orthotist or prosthetist, without examination and on payment of the required fee, an applicant who is an orthotist or prosthetist and is: (1) Licensed under the laws of another state, territory, or country, if the requirements for licensure in that state, territory, or country in which the applicant is licensed were, at the date of his or her licensure, equal to or more stringent than the requirements in force in this state on that date; or (2) Certified as an orthotist or prosthetist by a national certifying organization that is accredited by the National Commission for Certifying Agencies and has educational and testing standards equal to or more stringent than the licensing requirements of this state. 43-34-203. (a) The board, in consultation with the advisory committee, may: WEDNESDAY, APRIL 1, 2009 4057 (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this article, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith, practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a licensed business or profession, or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) 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; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such 4058 JOURNAL OF THE SENATE crime; (5) Had his or her license under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him or her by any such lawful authority other than the board; or was refused the renewal of a license by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this article, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance of renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed any inability to practice a business or profession licensed under this article with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material. 43-34-204 43-34-203. The board shall appoint the advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the include licensed orthotists and prosthetists licensed under this article and such members as the board in WEDNESDAY, APRIL 1, 2009 4059 its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. 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. ARTICLE 9 43-34-240. This article shall be known and may be cited as the 'Georgia Cosmetic Laser Services Act.' 43-34-241. This article is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of the practice of providing cosmetic laser services. It is the intention of the General Assembly that cosmetic laser services be made available and affordable to the people of this state in a safe, reliable manner. Unregulated cosmetic laser services do not adequately meet the needs or serve the interests of the public. Licensure of those performing cosmetic laser services and required education and training of such practitioners will help ensure the health and safety of consumers. The practice of providing cosmetic laser services is declared to be affected with the public interest; and this article shall be liberally construed so as to accomplish the purpose stated in this Code section. 43-34-242. As used in this article, the term: (1) 'Board' means the Composite State Board of Medical Examiners Georgia Composite Medical Board created by Code Section 43-34-21 43-34-2. (2) 'Consulting physician' means a person licensed to practice medicine under this chapter and: (A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the facility with whom he or she has an agreement to provide services in accordance with Code Section 43-34-248. (3) 'Consumer' means a person on whom cosmetic laser services are or are to be performed. (4) 'Cosmetic laser practitioner' means a person licensed under this article to provide cosmetic laser services as defined in this article and whose license is in good standing. (5) 'Cosmetic laser services' means nonablative elective cosmetic light based skin, photo rejuvenation, or hair removal using lasers and pulsed light devices approved by the United States Food and Drug Administration for noninvasive procedures. Such services and the provision thereof shall not be considered to be the practice of 4060 JOURNAL OF THE SENATE medicine. (6) 'Facility' means any location, place, area, structure, office, institution, or business or a part thereof in which is performed or provided cosmetic laser services regardless of whether a fee is charged for such services. (7) 'License' means a valid and current certificate of registration issued by the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (8) 'Licensee' means any person holding a license under this article. (9) 'Medical practitioner' means a registered professional nurse, licensed practical nurse, nurse practitioner, physician's physician assistant, or physician. (10) 'Nurse' means a registered professional nurse, licensed practical nurse, or nurse practitioner. (11) 'Person' means a natural person. 43-34-243. This article shall not be construed to prohibit: (1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A licensed physician's physician assistant from engaging in the practice for which he or she is licensed; (3) A person licensed by this state as a registered professional nurse, licensed practical nurse, or nurse practitioner from engaging in his or her profession; (4) A licensed esthetician from engaging in his or her profession; (5) A master cosmetologist from engaging in his or her profession; (6) Any person licensed under any other article of this chapter from engaging in the practice for which he or she is licensed; (7) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (8) The practice of providing cosmetic laser services by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties; (9) The practice of providing cosmetic laser services by a student enrolled in an accredited school of nursing or medical school as part of his or her training; or (10) Employees or authorized representatives of a manufacturer of a laser used for cosmetic laser services from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering a laser used to provide cosmetic laser services under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice. 43-34-244. (a) There shall be two levels of a license for a cosmetic laser practitioner: assistant laser practitioner and senior laser practitioner. WEDNESDAY, APRIL 1, 2009 4061 (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 physician's physician 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 physician's physician 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 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 4062 JOURNAL OF THE SENATE 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. 43-34-245. (a) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the board prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the board and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. (b) As a condition of license renewal, the board shall require licensees to provide proof, in a form approved by the board, of a minimum of five hours of continuing education courses as approved by the board in the area of cosmetic laser services, equipment safety and operation, procedures, and relative skin modalities, directly taught by a licensed physician or certified continuing medical education or continuing education educator. 43-34-246. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a cosmetic laser practitioner under this article upon a finding by the board that the licensee or applicant has: may impose on a cosmetic laser practioner or applicant any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8. (1) Displayed an inability or has become unable to practice as a cosmetic laser practitioner with reasonable skill and safety to consumers by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition: (A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. WEDNESDAY, APRIL 1, 2009 4063 The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing cosmetic laser services in this state or who shall file an application for a license to provide cosmetic laser services in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing cosmetic laser services under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of cosmetic laser practitioner with reasonable skill and safety to consumers; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing as a cosmetic laser practitioner in this state or who shall file an application to practice cosmetic laser services in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding; (2) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; 4064 JOURNAL OF THE SENATE (3) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a consumer or other person or entity in connection with the practice of providing cosmetic laser services or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice cosmetic laser services or as a cosmetic laser practitioner; or made a false or deceptive biennial registration with the board; (4) Has had a license or certificate of registration as a medical practitioner revoked, suspended, or denied; (5) Practiced cosmetic laser services contrary to this article or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to provide cosmetic laser services contrary to this article or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to provide cosmetic laser services; (6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person, as determined as a result of an investigation initiated upon the board's own motion or as a result of a sworn written request for investigation, by or on behalf of a consumer, of an act or acts which occurred within three years of such initiation or request; or (7) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this article. (b)(1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; (F) Condition the penalty or withhold formal disposition, upon the cosmetic laser practitioner's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board. (2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. WEDNESDAY, APRIL 1, 2009 4065 (c) In its discretion, the board may restore and reissue a license issued under this article and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this article. (d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner shall be immune from civil and criminal liability for so testifying. 43-34-247. The practice of providing cosmetic laser services is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed as a cosmetic laser practitioner or otherwise licensed to practice a profession which is permitted under law to perform cosmetic laser services is declared to be harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such unlicensed practice exists, or any person or organization having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury. 43-34-248. 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) Be available for emergency consultation with the cosmetic laser practitioner or anyone employed by the facility. 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 customer's position, could reasonably be expected to cause such prudent person to 4066 JOURNAL OF THE SENATE decline such proposed cosmetic laser services on the basis of the material risk of injury that could result from such proposed services; (3) The type of license the individual who will be performing the cosmetic laser service has obtained; and (4) The steps to be followed after the cosmetic laser service is performed in the event of any complications. (b) It shall be the responsibility of the cosmetic laser practitioner to ensure that the information required by subsection (a) 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 consumer's 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 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. 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 include licensed cosmetic laser practitioners licensed under this article and such members as the board in its discretion may determine. 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. 43-34-251. (a) It shall be unlawful for any person licensed as a cosmetic laser practitioner to perform cosmetic laser services within any area within one inch of the nearest part of the eye socket of any consumer. (b) It shall be unlawful for any person licensed as a cosmetic laser practitioner to administer any pharmaceutical agent or other substance by injection. 43-34-252. Any person who owns a facility in which cosmetic laser services are offered or WEDNESDAY, APRIL 1, 2009 4067 performed in noncompliance with the requirements of this article shall be guilty of a misdemeanor. 43-34-253. Any person convicted of violating any provision of this article shall be guilty of a misdemeanor." SECTION 2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Composite State Board of Medical Examiners" or "Composite State Board of Medical Examiners of Georgia" wherever either occurs with "Georgia Composite Medical Board": (1) Code Section 20-3-476, relating to the authorization and administration of loan programs for attendance at the college of osteopathic medicine; (2) Code Section 20-3-512, relating to medical student loans and scholarships; (3) Code Section 20-3-513, relating to the State Medical Education Board and student loans and scholarships; (4) Code Section 31-9-6.1, relating to the disclosure of information to persons undergoing certain surgical or diagnostic procedures; (5) Code Section 31-9A-6.1, relating to civil and professional penalties for violation of the Woman's Right to Know Act; (6) Code Section 31-11-81, relating to definitions regarding emergency services; (7) Code Section 31-34-4, relating to loan applicant qualifications; (8) Code Section 31-38-2, relating to certain exemptions to Chapter 38 of Title 31; (9) Code Section 33-3-27, relating to the reports of awards under medical malpractice insurance policies; (10) Code Section 33-20B-2, relating to definitions regarding rural health care access; (11) Code Section 34-9-1, relating to definitions regarding workers' compensation; (12) Code Section 43-5-13, relating to certain exemptions to the operation of Chapter 5 of Title 43; (13) Code Section 43-34A-2, relating to definitions regarding a patient's rights; (14) Code Section 43-34A-3, relating to physician profiles and the dissemination of such profiles to the public; (15) Code Section 43-34A-6, relating to a patient's right to file a grievance with the state board; and (16) Code Section 43-35-3, relating to definitions regarding the practice of podiatry. SECTION 3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "physician's assistant" and "physician's assistants" wherever either occurs with "physician assistant" and "physician assistants", respectively: (1) Code Section 20-2-774, relating to self-administration of asthma medication by a 4068 JOURNAL OF THE SENATE public school student; (2) Code Section 24-9-67.1, relating to expert opinion testimony in civil actions; (3) Code Section 26-4-80, relating to dispensing prescription drugs; (4) Code Section 31-7-16, relating to determination or pronouncement of death of patient in a nursing home; (5) Code Section 31-9-6.1, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures; (6) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act"; (7) Code Section 31-11-60.1, relating to a program for physician control over emergency medical services to nonhospital patients; (8) Code Section 31-22-9.1, relating to who may perform HIV tests; (9) Code Section 33-20A-3, relating to definitions relative to the "Patient Protection Act of 1996"; (10) Code Section 33-24-58.2, relating to minimum health benefit policy coverage for newborn babies and their mothers; (11) Code Section 33-24-72, relating to health benefit policy requirements under the "Breast Cancer Patient Care Act"; (12) Code Section 34-9-415, relating to testing in drug-free workplace programs; (13) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood for driving under the influence of alcohol, drugs, or other intoxicating substances; (14) Code Section 42-4-70, relating to definitions relative to deductions from inmate accounts for expenses; (15) Code Section 42-5-55, relating to deductions from inmate accounts for payment of certain damages and medical costs; (16) Code Section 43-1-28, relating to the "Georgia Volunteers in Health Care Specialties Act"; and (17) Code Section 51-2-5.1, relating to relationship between hospital and health care provider prerequisite to liability. SECTION 4. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, is amended by revising paragraph (23) of Code Section 16-13-21, relating to definitions regarding the regulation of controlled substances, as follows: "(23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research WEDNESDAY, APRIL 1, 2009 4069 in this state; (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-26.3 43-34-25. For purposes of this chapter and Code Section 43-3426.3 43-34-25, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (D) A physician's physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103, a physician's physician assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities." SECTION 5. Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, is amended by revising paragraph (4.1) of Code Section 16-13-72, relating to the sale, distribution, or possession of dangerous drugs, as follows: "(4.1) A physician in conformity with Code Section 43-34-26.1 43-34-23 may delegate to a nurse or a physician's physician assistant the authority to possess vaccines and such other drugs as specified by the physician for adverse reactions to those vaccines, and a nurse or physician's physician assistant may possess such drugs pursuant to that delegation; provided, however, that nothing in this paragraph shall be construed to restrict any authority of nurses or physician's physician assistants existing under other provisions of law;" SECTION 6. Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the practice of pharmacy, is amended by revising Code Section 26-4-50, relating to certification for drug therapy modification, as follows: "26-4-50. (a) No pharmacist shall be authorized to modify drug therapy pursuant to Code Section 43-34-26.2 43-34-24 unless that pharmacist: (1) Is licensed to practice as a pharmacist in this state; (2) Has successfully completed a course of study regarding modification of drug therapy and approved by the board; (3) Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and (4) Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection. (b) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs." SECTION 7. Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, is amended by revising paragraph (3) of subsection (d) of Code 4070 JOURNAL OF THE SENATE Section 26-4-85, relating to patient counseling and optimizing drug therapy, as follows: "(3) Patients receiving drugs from the Department of Human Resources Division of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-26.1 43-34-23 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section." SECTION 8. Article 7 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practitioners of the healing arts, is amended by revising subsection (b) of Code Section 26-4-130, relating to the regulation of dispensing drugs, as follows: "(b) The other provisions of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs except as provided in this Code section. Nor shall such provisions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. Any term used in this subsection and defined in Code Section 43-34-26.1 43-34-23 shall have the meaning provided for such term in Code Section 43-34-26.1 43-34-23. The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 43-34-23 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 4334-26.1 43-34-23. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1 43-34-23, with regard to the drugs so dispensed, that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section." SECTION 9. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising Code Section 31-10-16, relating to criteria for determining death, as follows: "31-10-16. (a) A person may be pronounced dead by a qualified physician, or by a registered professional nurse authorized to make a pronouncement of death under Code Section 31-7-176.1, or by a physician assistant authorized to make a pronouncement of death under subsection (j) of Code Section 43-34-103, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the entire brain, including the brain stem. (b) A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act. (c) The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death." WEDNESDAY, APRIL 1, 2009 4071 SECTION 10. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by revising paragraphs (5) and (6) of Code Section 31-11-2, relating to definitions, as follows: "(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, prior to January 1, 2002, or the Department of Human Resources on and after January 1, 2002. (6) 'Composite board' means the Composite State Board of Medical Examiners Georgia Composite Medical Board." SECTION 11. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by revising subsections (c) and (d) of Code Section 33-24-56.4, relating to the payment for telemedicine services, as follows: "(c) It is the intent of the General Assembly to mitigate geographic discrimination in the delivery of health care by recognizing the application of and payment for covered medical care provided by means of telemedicine, provided that such services are provided by a physician or by another health care practitioner or professional acting within the scope of practice of such health care practitioner or professional and in accordance with the provisions of Code Section 43-34-31.1 43-34-31. (d) On and after July 1, 2005, every health benefit policy that is issued, amended, or renewed shall include payment for services that are covered under such health benefit policy and are appropriately provided through telemedicine in accordance with Code Section 43-34-31.1 43-34-31 and generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this Code section may be subject to all terms and conditions of the applicable health benefit plan." SECTION 12. Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising paragraph (12) of subsection (a) of Code Section 43-26-5, relating to the general powers of the Georgia Board of Nursing, as follows: "(12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-3426.1 43-34-23 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-26.3 43-34-25;" SECTION 13. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by revising subsection (a) of Code Section 43-30-13, relating to 4072 JOURNAL OF THE SENATE the construction of the chapter, as follows: "(a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly licensed to practice medicine, nor to prevent persons from selling spectacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to prevent any person from selling glasses as articles of merchandise or from using test cards in connection with the sale of such glasses at a permanently located place when not trafficking or attempting to traffic upon assumed skill in optometry; nor shall anything in this chapter be construed to authorize any registered optometrist to prescribe or administer drugs except as permitted by law or practice medicine or surgery in any manner as defined by the laws of this state; nor shall this chapter be construed to authorize any such person to use the title of 'M.D.' or any other title mentioned in Code Section 43-34-20 or 43-34-26 43-34-21 or 43-34-22." SECTION 14. Chapter 34A of Title 43 of the Official Code of Georgia, relating to a patient's right to know, is amended by revising paragraph (3) of Code Section 43-34A-2, relating to definitions regarding a patient's right to know, as follows: "(3) 'Disciplinary action' means any final hospital disciplinary action or any final disciplinary action taken by the Composite State Board of Medical Examiners Georgia Composite Medical Board under subsection (b) of Code Section 43-34-37 43-34-8 within the immediately preceding ten-year period. No such disciplinary action taken prior to April 11, 2001, shall be included within the definition of this term." SECTION 15. Article 2 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to the eligibility and qualifications for office, is amended by revising subsection (d) of Code Section 45-2-7, relating to the employment of aliens, as follows: "(d) The prohibitions of subsection (a) of this Code section shall not apply to the employment of aliens licensed under Code Section 43-34-33 43-34-27, relating to the licensing of aliens to practice medicine or pharmacy." SECTION 16. Chapter 1 of Title 51 of the Official Code of Georgia, relating to torts, is amended by revising paragraph (14) of subsection (a) of Code Section 51-1-29.5, relating to definitions, as follows: "(14) 'Medical care' means any act defined as the practice of medicine under Code Section 43-34-20 43-34-21." SECTION 17. Code Sections 43-34-240 through 43-34-253 shall become effective as amended in Section 1 of this Act only if funds are specially appropriated for the purposes of Ga. L. 2007, p. 626 in a General Appropriations Act making specific reference to such Act and WEDNESDAY, APRIL 1, 2009 4073 shall become effective when funds so appropriated become available for expenditure. All other provisions of this Act shall become effective on July 1, 2009. SECTION 18. All laws and parts of laws in conflict with this Act are repealed. Senator Hawkins of the 49th offered the following amendment #1 to the committee substitute: Amend the Senate Health and Human Services Committee substitute to HB 509 by striking line 2052 and inserting in lieu thereof the following: (3)(ii) A job description meeting the requirements of paragraph (5) (4) of Code Section By striking lines 2196 and 2197 and inserting in lieu thereof the following: shall not require a physician to be a party to a job description as a condition for participation in or reimbursement from such entity. By replacing the word "subsequent" with the word "following" on line 2331. On the adoption of the amendment, there were no objections, and the Hawkins 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas Y Thompson,C 4074 JOURNAL OF THE SENATE Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed 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 509, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; 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 substitute to HB 29. The consent was granted, and the Senate insisted on its substitute to HB 29. The following bill was taken up to consider House action thereto: SB 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; 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 WEDNESDAY, APRIL 1, 2009 4075 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 revise a definition; to provide for sovereign immunity protection for certain health care professionals in safety net clinics who participate in the Health Share Program; 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. 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 in Code Section 31-8-192, relating to definitions, by revising subparagraph (R) of paragraph (5) as follows: "(R) Any A safety net clinic, which includes any other medical facility the primary purpose of which is to deliver human dental or medical diagnostic services or which delivers nonsurgical human medical treatment and which includes an office maintained by a provider;" SECTION 2. Said article is further amended by adding a new Code section to read as follows: "31-8-195.1. (a) A registered professional nurse, nurse midwife, licensed practical nurse, or advanced practice registered nurse licensed or registered under Chapter 26 of Title 43 who is employed by a safety net clinic that executes a contract with a governmental contractor pursuant to this article shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50 while providing health care services pursuant to such contract, so long as such nurse provides nonemergent care and such nurse's total compensation, including all cash and noncash remunerations, does not fluctuate in relation to: (1) The number of patients served in the clinic; (2) The number of patient visits to the clinic; (3) Treatments in the clinic; or (4) Any other fact relating to the number of patient contacts or services rendered pursuant to a contract under this article. (b) A physician licensed pursuant to Chapter 34 of Title 43 or medical resident who provides nonemergent medical care and treatment in a safety net clinic that executes a contract with a governmental contractor pursuant to this article shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50 while providing health care services pursuant to such contract, so long as the physician is practicing pursuant to a license issued under Code Section 43-34-45.1 or the physician or resident receives no compensation from the safety net clinic and is on staff at a local or regional hospital and provided that the physician's total compensation, including all cash and noncash remunerations, does not fluctuate in relation to: 4076 JOURNAL OF THE SENATE (1) The number of patients served in the clinic; (2) The number of patient visits to the clinic; (3) Treatments in the clinic; or (4) Any other fact relating to the number of patient contacts or services rendered pursuant to a contract under this article. (c) No hospital shall require a physician to provide services at a safety net clinic as a condition for granting of staff privileges or for retaining staff privileges at such hospital. (d) This Code section shall be supplemental to all other provisions of law that provide defenses to health care providers. This Code section shall not create any new cause of action against a health care provider or additional liability to health care providers." 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 133 as amended by the following amendment: Amend the House substitute to SB 133 (LC 33 3236S) by striking lines 11 through 14 and inserting in lieu thereof the following: "(R) Any A safety net clinic, which includes any other medical facility the primary purpose of which is to deliver human dental or medical diagnostic services or which delivers nonsurgical human medical treatment and which includes may include an office maintained by a provider;" On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner N Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber WEDNESDAY, APRIL 1, 2009 4077 Y Hamrick Y Harbison Y Harp Y Powell Y Ramsey Y Reed Y Wiles Y Williams On the motion, the yeas were 54, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 133 as amended by the Senate. Senator Balfour of the 9th asked unanimous consent that HB 514 be placed on the Table. The consent was granted, and HB 514 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HB 528 be placed on the Table. The consent was granted, and HB 528 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HB 549 be placed on the Table. The consent was granted, and HB 549 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HB 568 be placed on the Table. The consent was granted, and HB 568 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HB 575 be placed on the Table. The consent was granted, and HB 575 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HB 608 be placed on the Table. The consent was granted, and HB 608 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HB 639 be placed on the Table. The consent was granted, and HB 639 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HR 161 be placed on the Table. The consent was granted, and HR 161 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HR 336 be placed on the Table. The consent was granted, and HR 336 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HB 258 be placed on the Table. The consent was granted, and HB 258 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HB 321 be placed on the Table. The consent was granted, and HB 321 was placed on the Table. Senator Balfour of the 9th asked unanimous consent that HB 480 be placed on the Table. The consent was granted, and HB 480 was placed on the Table. 4078 JOURNAL OF THE SENATE Senator Balfour of the 9th asked unanimous consent that HB 396 be placed on the Table. The consent was granted, and HB 396 was placed on the Table. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendment to the following Bill of the House: HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 565 until 9:00 a.m. Friday, April 3, 2009; the motion prevailed, and at 8:53 p.m. the President announced the Senate adjourned. FRIDAY, APRIL 3, 2009 4079 Senate Chamber, Atlanta, Georgia Friday, April 3, 2009 Fortieth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 289. By Senators Moody of the 56th, Thomas of the 54th, Seay of the 34th and Orrock of the 36th: A BILL to be entitled an Act to amend Article 7C of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to therapy services for children with disabilities, so as to add a definition; to revise provisions relating to services and treatment for categorically needy and medically fragile children; to revise provisions relating to requirements relating to administrative prior approval for services and appeals; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 290. By Senators Harp of the 29th, Tate of the 38th, Staton of the 18th, Pearson of the 51st, Douglas of the 17th and others: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state, departments, or agencies, so as to limit the recovery of attorney's fee for certain claims for compensation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 291. By Senators Shafer of the 48th, Douglas of the 17th, Sims of the 12th, Rogers of the 21st, Powell of the 23rd and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of 4080 JOURNAL OF THE SENATE Title 16 of the O.C.G.A., relating to carrying and possession of firearms, so as to revise comprehensively the laws concerning the carrying of concealed weapons; to revise the method by which licenses to carry weapons are issued; to prohibit the carrying of certain items in certain buildings; to provide exceptions; to provide for related matters; to amend Part 1 of Article 3 of Chapter 3 of Title 38 of the O.C.G.A., relating to emergency powers of the Governor, so as to revise the powers of the Governor to suspend or limit the sale, dispensing, or transportation of firearms during states of emergency; 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 292. By Senators Hamrick of the 30th, Harp of the 29th, Brown of the 26th, Ramsey, Sr. of the 43rd, Jones of the 10th 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 substantially revise, supersede, and modernize provisions relating to juvenile proceedings; 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 provide for an appeal procedure when the Division of Family and Children Services of the Department of Human Resources fails to provide aftercare and transitional services to certain children; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; 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. SR 752. By Senators Buckner of the 44th, Seay of the 34th, Thomas of the 54th, Tate of the 38th, Ramsey, Sr. of the 43rd and others: A RESOLUTION creating the Senate Emergency and Pandemic Preparedness and Response Study Committee; and for other purposes. Referred to the Health and Human Services Committee. SR 759. By Senators Buckner of the 44th, Jones of the 10th, Seay of the 34th, Butler of the 55th, Tate of the 38th and others: A RESOLUTION requesting mortgage lending institutions to adopt rent-toown programs to help to eliminate unnecessary home mortgage foreclosures; FRIDAY, APRIL 3, 2009 4081 and for other purposes. Referred to the Banking and Financial Institutions Committee. SR 761. By Senators Hill of the 32nd, Williams of the 19th, Rogers of the 21st, Chance of the 16th, Hudgens of the 47th and others: A RESOLUTION urging the United States Congress to require the United States Census Bureau to provide a fair, accurate, and unbiased actual count of the population of the United States in the 2010 decennial census; and for other purposes. Referred to the Reapportionment and Redistricting 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 642 HB 646 HB 658 HB 709 HB 710 HB 714 HB 715 HB 743 HB 746 HB 749 HB 762 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass as amended Do Pass Do Pass Do Pass HB 764 HB 770 HB 773 HB 778 HB 783 HB 787 HB 793 HB 799 HB 811 HB 813 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Hawkins of the 49th District, Chairman Senator Johnson of the 1st asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with. The members pledged allegiance to the flag. Senator Rogers of the 21st introduced the chaplain of the day, Jon Rogers of Atlanta, 4082 JOURNAL OF THE SENATE Georgia, who offered scripture reading and prayer. Senator Shafer of the 48th introduced the doctor of the day, Dr. Jun Ro. Senator Hooks of the 14th assumed the Chair. The following resolutions were read and adopted: SR 743. By Senator Harbison of the 15th: A RESOLUTION commending the Blackmon Road Middle School Math Team; and for other purposes. SR 744. By Senators Staton of the 18th and Brown of the 26th: A RESOLUTION recognizing and commending Jason Nasworthy and Travis Kyte; and for other purposes. SR 745. By Senators Orrock of the 36th, Fort of the 39th, Tate of the 38th, Reed of the 35th and Seay of the 34th: A RESOLUTION honoring the life and memory of Mr. Robert "Joe" Shifalo; and for other purposes. SR 746. By Senator Seabaugh of the 28th: A RESOLUTION honoring the life and memory of Mr. James "Jimmy" Benjamin Hutchinson, Jr.; and for other purposes. SR 747. By Senator Seabaugh of the 28th: A RESOLUTION honoring the life and memory of Mr. Paul R. McKnight; and for other purposes. SR 748. By Senator Powell of the 23rd: A RESOLUTION recognizing and commending Ms. Amy Hennessey; and for other purposes. SR 749. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Floyd E. Morris; and for other purposes. FRIDAY, APRIL 3, 2009 4083 SR 750. By Senators Jackson of the 2nd and Johnson of the 1st: A RESOLUTION recognizing and commending Mr. Daniel P. Snope for his outstanding contributions to education; and for other purposes. SR 751. By Senator Bulloch of the 11th: A RESOLUTION congratulating the City of Moultrie on the occasion of its sesquicentennial anniversary; and for other purposes. SR 753. By Senators Stoner of the 6th, Thompson of the 33rd, Hooks of the 14th, Golden of the 8th and Orrock of the 36th: A RESOLUTION recognizing and commending Ms. Ashlie Margaret Wilson; and for other purposes. SR 754. By Senator Brown of the 26th: A RESOLUTION commending Mr. Isaiah C. Moore on his service as a legislative intern; and for other purposes. SR 755. By Senator Brown of the 26th: A RESOLUTION commending Mr. Jeff Mustari on his service as a legislative intern; and for other purposes. SR 756. By Senator Brown of the 26th: A RESOLUTION commending Ms. Aimee Wickman on her service as a legislative intern; and for other purposes. SR 757. By Senator Brown of the 26th: A RESOLUTION commending Ms. Brandeis J. Malbrue on her service as a legislative intern; and for other purposes. SR 758. By Senators Fort of the 39th, Brown of the 26th, Tarver of the 22nd, Ramsey, Sr. of the 43rd, Reed of the 35th and others: A RESOLUTION honoring the life and memory of Mr. John Hope Franklin; and for other purposes. 4084 JOURNAL OF THE SENATE SR 760. By Senator Hill of the 32nd: A RESOLUTION expressing cultural, economic, and educational cooperation with the Republic of Switzerland; and for other purposes. SR 762. By Senator Tarver of the 22nd: A RESOLUTION honoring and celebrating the 73rd birthday of Dr. John "Doc" Bradley, Sr.; and for other purposes. SR 763. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Stacie J. Smith for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 764. By Senator Butler of the 55th: A RESOLUTION recognizing and commending James A. Bell for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 765. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Donica L. CuspardHightower for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 766. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Ella L. Litman for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 767. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Keith L. Mixon for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 768. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Robyn K. Maultsby for FRIDAY, APRIL 3, 2009 4085 outstanding contributions to public education in the State of Georgia; and for other purposes. SR 769. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Forrest Smith for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 770. By Senator Butler of the 55th: RESOLUTION recognizing and commending Shawna M. Tamakloe for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 771. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Tarris L. Scott for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 772. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Ruffin E. Washington for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 773. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Travor D. Moore for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 774. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Eric M. Thomas for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 775. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Michael O'Neal; and for other purposes. 4086 JOURNAL OF THE SENATE SR 776. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Charlie Smith, Jr.; and for other purposes. SR 777. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Warren Jones, Jr.; and for other purposes. SR 778. By Senator Rogers of the 21st: A RESOLUTION expressing regret at the passing of the Honorable Wendell T. Anderson; and for other purposes. SR 779. By Senator Balfour of the 9th: A RESOLUTION recognizing and commending the Gwinnett County Public School System on its recognition as the Georgia Economic Education Program of Excellence for 2009; and for other purposes. SR 780. By Senator Balfour of the 9th: A RESOLUTION recognizing and commending Mrs. Barbara Wade; and for other purposes. SR 781. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Antwayne D. Sanders for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 782. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Eboni C. Chillis for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 783. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Tamika N. Harris for outstanding contributions to public education in the State of Georgia; and for other purposes. FRIDAY, APRIL 3, 2009 4087 SR 784. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Lorenzo J. Moore for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 785. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Tyrone C. King for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 786. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Alissa Q. Antoine for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 787. By Senator Butler of the 55th: A RESOLUTION recognizing and commending April J. Kaigler-Neely for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 788. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Monica C. Nelson for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 789. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Beulah M. O'Neal for outstanding contributions to public education in the State of Georgia; and for other purposes. SR 790. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Debra J. Warring for outstanding contributions to public education in the State of Georgia; and for other purposes. Senator Sims of the 12th was excused for business outside the Senate Chamber. 4088 JOURNAL OF THE SENATE Senator Mullis of the 53rd was excused as a conferee. 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 3, 2009 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 642 Harbison of the 15th Harp of the 29th CITY OF COLUMBUS A BILL to be entitled an Act to authorize the governing authority of the City of Columbus, Georgia, to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 646 Hooks of the 14th MAGISTRATE COURT OF DOOLY COUNTY A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to establish and charge a law library fee pursuant to Article 5 of Chapter 10 of Title 15 of the O.C.G.A.; to provide that funds shall be used for the maintenance of the Dooly County law library; to provide that funds collected shall be remitted to the county treasury; to repeal conflicting laws; and for other purposes. HB 658 Hooks of the 14th DOOLY COUNTY A BILL to be entitled an Act to create a board of elections and registration for Dooly 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 HB 709 HB 710 HB 714 FRIDAY, APRIL 3, 2009 4089 provide for an election supervisor and the powers and duties thereof; to provide for certain expenditures of public funds; to provide for submission 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. Jackson 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 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. Bulloch of the 11th Sims of the 12th SOUTH GEORGIA REGIONAL INFORMATION TECHNOLOGY AUTHORITY A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain provisions relating to a definition; to change certain provisions relating to composition, terms, quorum, and voting; to change certain provisions relating to powers of the authority; to change certain provisions relating to bonds of the authority; to change certain provisions relating to rules and regulations; to change certain provisions relating to effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes. Thompson of the 5th Shafer of the 48th CITY OF NORCROSS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4727) and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), so as to change the terms of the mayor and 4090 HB 743 HB 746 HB 749 JOURNAL OF THE SENATE city councilmembers; to provide that the mayor and councilmembers shall be elected by a plurality; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Seay of the 34th Buckner of the 44th CLAYTON COUNTY A BILL to be entitled an Act to amend an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), so as to revise provisions relating to the ethics commission; to provide for removal of commission members for failure to carry out duties or attend meetings; to provide that the commission shall have the exclusive authority to punish ethical violations by members of the school board; to provide for a budget for the commission; to authorize the commission to adopt a seal; to change provisions relating to procedures and evidentiary rules and standards in proceedings of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. (Amendment) Balfour of the 9th Unterman of the 45th Cowsert of the 46th CITY OF LOGANVILLE A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett, approved March 24, 1988 (Ga. L. 1988, p. 4827), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4657), so as to change the terms of the mayor and city councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Williams of the 19th MONTGOMERY COUNTY A BILL to be entitled an Act to amend an Act creating the Montgomery County Board of Commissioners, approved February HB 764 HB 770 HB 762 FRIDAY, APRIL 3, 2009 4091 27, 1953 (Ga. L. 1953, p. 2740), so as to provide that such board shall meet at a certain time and date monthly; to provide for related matters; to repeal conflicting laws; and for other purposes. Jones of the 10th Weber of the 40th Henson of the 41st Adelman of the 42nd Ramsey of the 43rd Thompson of the 5th Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), an Act approved April 1, 2005 (Ga. L. 2005, p. 3507), and an Act approved May 18, 2007 (Ga. L. 2007, p. 4064), so as to provide a definition for the governing authority of the City of Dunwoody; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes. Seabaugh of the 28th CITY OF FRANKLIN A BILL to be entitled an Act to amend an Act providing a new charter for the City of Franklin, approved March 24, 1988 (Ga. L. 1988, p. 4515), so as to state legislative findings; to establish the compensation of the mayor and councilmembers of the City of Franklin for a period of time; to provide that such compensation shall thereafter be determined as provided by ordinance and general law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mullis of the 53rd DADE COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 4092 HB 773 HB 778 HB 783 JOURNAL OF THE SENATE 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), and an Act approved April 7, 2004 (Ga. L. 2004, p. 3535), so as to provide that the members of the board of commissioners elected to represent Commissioner Districts 1 through 4 shall be required to reside in their respective districts but shall be elected by all of the electors of Dade County; to provide for a referendum; to provide for preclearance pursuant to Section 5 of the Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Jackson 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, particularly by an Act approved April 21, 1989 (Ga. L. 1989, p. 5105), so as to deannex certain property from such city's corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. Douglas of the 17th CITY OF LOCUST GROVE A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Cowsert of the 46th TOWN OF NORTH HIGH SHOALS A BILL to be entitled an Act to amend an Act incorporating the Town of North High Shoals, approved March 24, 1933 (Ga. L. 1933, p. 1040), as amended, so as to extensively revise and restate the town charter; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for submission under the Federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 787 HB 793 HB 799 HB 811 FRIDAY, APRIL 3, 2009 4093 Bulloch of the 11th Sims of the 12th SOUTH GEORGIA REGIONAL INFORMATION TECHNOLOGY AUTHORITY A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to prohibit the authority from issuing any revenue bonds; to repeal conflicting laws; and for other purposes. Goggans of the 7th CITY OF PEARSON PUBLIC FACILITIES AUTHORITY A BILL to be entitled an Act to create the City of Pearson Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for a principal office; to provide for validation; to provide an effective date; to repeal conflicting laws; and for other purposes. Butterworth of the 50th CITY OF CARNESVILLE A BILL to be entitled an Act to amend an Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to exchange the corporate boundaries of the city; to repeal conflicting laws; and for other purposes. Seay of the 34th Buckner of the 44th STATE COURT OF CLAYTON COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 11, 4094 JOURNAL OF THE SENATE 1979 (Ga. L. 1979, p. 3838), and by an Act approved March 15, 1988 (Ga. L. 1988, p. 3933), and by an Act approved April 4, 1996 (Ga. L. 1996, p. 4083), so as to provide an additional judge for the State Court of Clayton 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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 813 Tarver of the 22nd Powell of the 23rd AUGUSTA-RICHMOND COUNTY COLISEUM 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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications of the members of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. (Substitute) HB 715 Thompson of the 5th Shafer of the 48th CITY OF NORCROSS A BILL to be entitled an Act to authorize the governing authority of the City of Norcross to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. The amendment to the following bill was put upon its adoption: *HB 743: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 743 by striking line 25 and inserting in lieu thereof the following: at a rate determined by the board and based on the appropriation of funds. A commissioner must be in attendance in order to receive compensation. FRIDAY, APRIL 3, 2009 4095 On the adoption of the amendment, the yeas were 47, nays 4, and the committee amendment was adopted. The substitute to the following bill was put upon its adoption: *HB 813: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 813: 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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications of the 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 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. Beginning on the day after the date this section becomes effective in 2009, the Authority shall consist of seven members to be appointed as follows: (1) Six members shall be appointed by the Augusta-Richmond County Commission, with the five commissioners of Super District 9 entitled to appoint three members and the five commissioners of Super District 10 entitled to appoint three members; and (2) One member shall be appointed by the legislative delegation which shall consist of all members of the General Assembly representing all or a portion of Richmond 4096 JOURNAL OF THE SENATE County. The member appointed by the legislative delegation shall be the chairperson of the Authority. In order to be qualified to serve on the Authority, an appointee shall be a resident of Richmond County and shall have experience in business. (b) Beginning on the day after the date this section becomes effective in 2009, the appointees of the county commission shall serve a term concurrent with the term of the Super District commissioner from the Super District that made the appointment. The appointee from the legislative delegation shall serve a two-year term, except as otherwise specified in this section. In order for an appointee of the county commission to be removed from the Authority, seven members of the Augusta-Richmond County Commission, including four members from the Super District that made the appointment, 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 the day before the date this section becomes effective in 2009 shall not serve until the regular expiration of the terms to which such members were appointed, and the terms of such members shall expire at 11:59 P.M. on the date this section becomes effective in 2009. (d) As soon as practicable on or after the date this section becomes effective in 2009, the Augusta-Richmond County Commission shall appoint such members provided for in this section for terms beginning on the day after such date to replace the previously appointed members of the Authority. All appointees to the Authority shall serve until their respective successors are appointed and qualified. (e) Appointed members of the Authority may be reappointed only after taking at least a one-year break between appointments. (f) As soon as practicable on or after the date this section becomes effective in 2009, the legislative delegation shall appoint such member provided for in this section for a term beginning on the day after such date and ending on December 31, 2010, or until his or her respective successor is appointed and qualified. Subsequent appointees of the legislative delegation shall serve two-year terms or until his or her respective successor is appointed and qualified. (g) Immediately after their appointment, the members of the Augusta-Richmond County Coliseum Authority 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 vice chairperson, and may also elect a secretary and treasurer who need not necessarily be a member of the AugustaRichmond County Coliseum Authority. The vice chairperson and secretary and treasurer shall serve for a period of one year and until their successors are appointed and qualified. Four members of the Augusta-Richmond County Coliseum Authority shall constitute a quorum. The chairperson shall be a nonvoting member of the Authority, 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. (h) As soon as practicable after the date this section becomes effective in 2009, the FRIDAY, APRIL 3, 2009 4097 members of the Augusta-Richmond County Coliseum Authority shall cause to be published a manual governing the acceptable business practices and management techniques to be followed by all members during their service on the Authority. This manual shall also include a statement of the purpose of the Augusta-Richmond County Coliseum Authority and a statement of the vision for the future of the Authority. (i) In the event of a vacancy by reason of death, disqualification, removal, resignation, or other reason, the body which appointed such member shall appoint a person to serve the remainder of the term of such member. No vacancy on the Augusta-Richmond County Coliseum Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority. (j) The members of the Augusta-Richmond County Coliseum Authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations governing the procedures to be followed in conducting the business of the Authority. It shall have perpetual existence." SECTION 2. This Act shall become effective on May 31, 2009, or upon its approval by the Governor or upon its becoming law without such approval, whichever last occurs. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 4, 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 Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Crosby Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson,L Y Jackson,W Y Johnson N Jones Y Rogers Y Seabaugh Y Seay Y Shafer E Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 4098 JOURNAL OF THE SENATE Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Moody C Mullis Y Murphy Y Orrock Y Pearson Powell N Ramsey Y Reed 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 47, nays 4. The bills on the Local Consent Calendar, except HB 743 and HB 813 having received the requisite constitutional majority, were passed. HB 743, having received the requisite constitutional majority, was passed as amended. HB 813, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. Senator Rogers of the 21st recognized the Honorable Senator Don Balfour, commended by SR 712, adopted previously. Senator Don Balfour addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Buckner of the 44th Harp of the 29th Senator Rogers of the 21st asked unanimous consent that the Senate dispense with the reading of the Governor's Appointments and that one roll call suffice for the confirmation of the Governor's Appointments as reported by the Senate Rules Committee. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown E Buckner Y Bulloch Y Butler Y Butterworth Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Tarver Y Tate FRIDAY, APRIL 3, 2009 4099 Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Thomas Y Thompson,C 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 confirmed the Governor's Appointments, as submitted by the Governor on March 24, 2009, and favorably reported by the Senate Rules Committee on April 1, 2009. The following communication was transmitted by the Secretary: 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 3, 2009 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 24, 2009, were acted upon by the Georgia State Senate in session on April 3, 2009, with the following results: The Honorable Joel McKie of Wilcox County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 7, 2009, and ending 4100 JOURNAL OF THE SENATE January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Micah Story of Clarke County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 7, 2009, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Vann Wooten of Jeff Davis County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 7, 2009, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Kay Brown of Bulloch County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 12, 2009, and ending January 1, 2015. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John Cowherd of Clayton County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 17, 2009, and ending March 15, 2015. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Joe Edwards of Lamar County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 12, 2009, and ending January 1, 2015. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Thomas Bobbitt, III of Laurens County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning July 9, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Rita Cavanaugh of Spalding County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning July 9, 2008, and ending July 1, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Connie Holt of Morgan County, as a member of the Board of Commissioners of the Magistrates Retirement Fund of Georgia, for the term of office beginning July 10, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. FRIDAY, APRIL 3, 2009 4101 The Honorable Steve Cronic of Hall County, as a member of the Board of Commissioners of the Sheriffs Retirement Fund of Georgia, for the term of office beginning July 16, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Bill Hutson, of Cobb County, as a member of the Board of Commissioners of the Sheriffs Retirement Fund of Georgia, for the term of office beginning July 16, 2008, and ending June 30, 2010. The vote on this confirmation was yeas 49, 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 August 21, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Mike Evans of Forsyth County, as a member of the Board of Community Affairs, for the term of office beginning October 17, 2008, and ending July 1, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John Fretti of Lowndes County, as a member of the Board of Community Affairs, for the term of office beginning January 14, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Bebe Heiskell of Walker County, as a member of the Board of Community Affairs, for the term of office beginning August 19, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Steve Nygren of Fulton County, as a member of the Board of Community Affairs, for the term of office beginning August 19, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Sam Olens of Cobb County, as a member of the Board of Community Affairs, for the term of office beginning June 6, 2008, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Frank Turner of Newton County, as a member of the Board of Community Affairs, for the term of office beginning June 4, 2008, and ending January 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Bruce Williamson of Walton County, as a member of the Board of Community Affairs, for the term of office beginning August 19, 2008, and ending July 1, 4102 JOURNAL OF THE SENATE 2013. The vote on this confirmation was yeas 49, 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 26, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Carl Franklin of DeKalb County, as a member of the Board of Corrections, for the term of office beginning September 26, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Roger Garrison of Cherokee County, as a member of the Board of Corrections, for the term of office beginning September 26, 2008, and ending January 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Rob Jones of Morgan County, as a member of the Board of Corrections, for the term of office beginning September 26, 2008, and ending January 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Kris Nordholz of Hall County, as a member of the Board of Corrections, for the term of office beginning September 26, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Roger Waldrop of Polk County, as a member of the Board of Corrections, for the term of office beginning April 17, 2008, and ending January 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Rose Williams of Jones County, as a member of the Board of Corrections, for the term of office beginning November 25, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Rayna Casey of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning April 18, 2008, and ending December 15, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Dwight Evans of DeKalb County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning April 17, 2008, and ending June 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. FRIDAY, APRIL 3, 2009 4103 The Honorable Lara Hodgson of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning July 16, 2008, and ending June 1, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Al Nash of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 3, 2008, and ending June 1, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable David Connell of Cobb County, as a member of the Board of Driver Services, for the term of office beginning July 16, 2008, and ending June 30, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Susan Harper of Dougherty County, as a member of the Board of Early Care and Learning, for the term of office beginning March 4, 2009, and ending May 12, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Carolyn Ormsby, Ed.D. of Rockdale County, as a member of the Board of Early Care and Learning, for the term of office beginning June 18, 2008, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Katie Ward of Effingham County, as a member of the Board of Early Care and Learning, for the term of office beginning August 15, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Darrell Wilder of Lowndes County, as a member of the Board of Early Care and Learning, for the term of office beginning December 12, 2008, and ending July 1, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Mike Garrett of Fulton County, as a member of the Board of Economic Development, for the term of office beginning December 5, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Philip Wilheit of Hall County, as a member of the Board of Economic Development, for the term of office beginning December 5, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. 4104 JOURNAL OF THE SENATE The Honorable Taz Anderson of Fulton County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning July 31, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John Downs of Cobb County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning June 18, 2008, and ending July 1, 2011. The vote of this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Glenn Hicks, III of Gwinnett County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning June 18, 2008, and ending July 1, 2009. The vote of this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Lee Hunter of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning July 1, 2008, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Tim Lowe of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning April 17, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Bob Prather of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning June 18, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Gary Smith of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning March 18, 2009, and ending July 1, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Doug Tollett of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning August 28, 2008, and ending July 1, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Dee Yancey of Floyd County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning July 21, 2008, and ending July 1, 2012. The vote on this confirmation was FRIDAY, APRIL 3, 2009 4105 yeas 49, nays 1, and the nominee was confirmed. The Honorable J. Daniel Shuman of Tattnall County, as a member of the Board of Juvenile Justice, for the term of office beginning November 14, 2008, and ending July 6, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Walter Hudson of Douglas County, as a member of the Board of Natural Resources, for the term of office beginning July 16, 2008, and ending March 16, 2015. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Phyllis Johnson of Jeff Davis County, as a member of the Board of Natural Resources, for the term of office beginning March 17, 2009, and ending March 16, 2016. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Patrick Head of Cobb County, as a member of the Board of Public Safety, for the term of office beginning February 26, 2009, and ending January 20, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Cullen Talton of Houston County, as a member of the Board of Public Safety, for the term of office beginning February 26, 2009, and ending January 20, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jerry Willis of Houston County, as a member of the Board of Public Safety, for the term of office beginning February 23, 2009, and ending January 20, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Danny Craig of Richmond County, as a member of the Board of Trustees of the Judicial Retirement System of Georgia, for the term of office beginning February 23, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Billy Ray of Gwinnett County, as a member of the Board of Trustees of the Judicial Retirement System of Georgia, for the term of office beginning February 6, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John Quinn of DeKalb County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning June 18, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. 4106 JOURNAL OF THE SENATE The Honorable Susan Brantley of Washington County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning September 5, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Charlie Moseley of Fulton County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning April 17, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Eddie Cheeks, MD of Richmond County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 20, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Roland Summers, MD of Chatham County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 20, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Richard Weil, MD of Fulton County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 20, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Charles White, DO of White County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 20, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable David Lyons of Chatham County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning February 10, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Lois Salter of Gwinnett County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning November 6, 2008, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Ann Jones of Hall County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning September 17, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was FRIDAY, APRIL 3, 2009 4107 confirmed. The Honorable Foster Rhodes of Houston County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning August 26, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Johnny Webb of White County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning May 29, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Robert Williams of Pierce County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning May 29, 2008, and ending June 30, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Roy Cates of Wilkes County, as a member of the Georgia Auctioneers Commission, for the term of office beginning August 13, 2008, and ending August 14, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Skeet Echols of Henry County, as a member of the Georgia Auctioneers Commission, for the term of office beginning August 13, 2008, and ending August 14, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Uladia Taylor of DeKalb County, as a member of the Georgia Auctioneers Commission, for the term of office beginning August 28, 2008, and ending August 14, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Thomas Hatchett, MD of Habersham County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning March 11, 2009, and ending October 6, 2014. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jim Lowry of Colquitt County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning March 12, 2009, and ending October 6, 2014. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Tom Bair of Spalding County, as a member of the Georgia Board of 4108 JOURNAL OF THE SENATE Athletic Trainers, for the term of office beginning May 29, 2008, and ending January 31, 2014. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Kathleen Bowen of DeKalb County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning June 18, 2008, and ending June 30, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Chris Nelson of Floyd County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning June 4, 2008, and ending August 20, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jeff Slocum of Tift County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning July 16, 2008, and ending August 20, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Clyde Andrews of Chatham County, as a member of the Georgia Board of Dentistry, for the term of office beginning April 17, 2008, and ending August 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Logan "Buzzy" Nalley of Richmond County, as a member of the Georgia Board of Dentistry, for the term of office beginning August 19, 2008, and ending August 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jan Flynn of Fulton County, as a member of the Georgia Board of Nursing, for the term of office beginning November 25, 2008, and ending September 23, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Linda Smith of Thomas County, as a member of the Georgia Board of Nursing, for the term of office beginning November 25, 2008, and ending September 23, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Rebecca Sullivan of Gwinnett County, as a member of the Georgia Board of Nursing, for the term of office beginning March 4, 2009, and ending December 31, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. FRIDAY, APRIL 3, 2009 4109 The Honorable Hank Edmondson of Richmond County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning December 12, 2008, and ending March 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Simon Bloom of Fulton County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning September 30, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Laurie Chandler of Floyd County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning September 30, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John Cooper of Clarke County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning September 30, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Carol Fey of Cobb County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning September 30, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Sandra "Sandi" Gentry (Harris) of Hall County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning April 17, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Richard McIntyre of Talbot County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning April 17, 2008, and ending June 1, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Cassidy Moody of Fulton County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 17, 2008, and ending June 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Elaine Oakes of Walton County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 17, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the 4110 JOURNAL OF THE SENATE nominee was confirmed. The Honorable Anthony Reeves of DeKalb County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning August 28, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Michael Statham of Spalding County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning April 17, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Angela Stephens of Gordon County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 17, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Lillian Sullivan of Muscogee County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 14, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Myra Tolbert of DeKalb County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning October 1, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Louisa Abbot of Chatham County, as a member of the Georgia Commission on Child Support, for the term of office beginning February 23, 2009, and ending May 9, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Quillian Baldwin of Troup County, as a member of the Georgia Commission on Child Support, for the term of office beginning February 23, 2009, and ending May 9, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Tom Campbell of Fulton County, as a member of the Georgia Commission on Child Support, for the term of office beginning February 23, 2009, and ending May 9, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Seth Harp of Muscogee County, as a member of the Georgia Commission FRIDAY, APRIL 3, 2009 4111 on Child Support, for the term of office beginning February 26, 2009, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Ed Lindsey of Fulton County, as a member of the Georgia Commission on Child Support, for the term of office beginning February 26, 2009, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Robin Ferst of Fulton County, as a member of the Georgia Commission on Hearing Impaired and Deaf Persons, for the term of office beginning March 18, 2009, and ending March 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Lynn Breck of Gwinnett County, as a member of the Georgia Driver's Education Commission, for the term of office beginning April 17, 2008, and ending August 19, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Bill Farwig of Fayette County, as a member of the Georgia Driver's Education Commission, for the term of office beginning April 17, 2008, and ending August 19, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Keith Collis of Barrow County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning August 28, 2008, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John Mayes of Floyd County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning July16, 2008, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Bill Bonner of Fayette County, as a member of the Georgia Real Estate Commission, for the term of office beginning November 10, 2008, and ending January 25, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable David Burge of Fulton County, as a member of the Georgia Real Estate Commission, for the term of office beginning November 25, 2008, and ending October 26, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. 4112 JOURNAL OF THE SENATE The Honorable Gwen Fulcher Young of Richmond County, as a member of the Georgia Real Estate Commission, for the term of office beginning March 11, 2009, and ending January 26, 2014. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable George Holtzman of Liberty County, as a member of the Georgia Real Estate Commission, for the term of office beginning December 12, 2008, and ending January 29, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Ben Copeland, Jr. of Peach County, as a member of the Georgia Seed Development Commission, for the term of office beginning July 16, 2008, and ending July 1, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John Raley of Glascock County, as a member of the Georgia Seed Development Commission, for the term of office beginning August 6, 2008, and ending July 1, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Carl Brack of Carroll County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning July 8, 2008, and ending January 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Dennis Brown of Banks County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning March 11, 2009, and ending January 1, 2014. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Steve Singletary of Early County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning July 8, 2008, and ending January 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Garland Thompson of Coffee County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning July 31, 2008, and ending January 1, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Homer Bryson of Hall County, as a member of the Georgia State Indemnification Commission, for the term of office beginning October 3, 2008, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays FRIDAY, APRIL 3, 2009 4113 1, and the nominee was confirmed. The Honorable Johnny Crawley of McDuffie County, as a member of the Georgia State Indemnification Commission, for the term of office beginning September 23, 2008, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Bob Herriott of Carroll County, as a member of the Judicial Qualifications Commission, for the term of office beginning January 21, 2009, and ending December 31, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jack Winter of Fulton County, as a member of the Judicial Qualifications Commission, for the term of office beginning January 20, 2009, and ending December 31, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Julia Bernath of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning July 16, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Joy Hawkins of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning January 6, 2009, and ending July 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Stephanie Haynes of Jones County, as a member of the Professional Standards Commission, for the term of office beginning January 6, 2009, and ending July 1, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Ed Smith of Troup County, as a member of the Professional Standards Commission, for the term of office beginning January 6, 2009, and ending July 1, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jeannie Tucker of Berrien County, as a member of the Professional Standards Commission, for the term of office beginning November 17, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable George DeLoach of Burke County, as a member of the Rural Development Council, for the term of office beginning October 1, 2008, and ending 4114 JOURNAL OF THE SENATE August 4, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Robb Hurst of Coffee County, as a member of the Rural Development Council, for the term of office beginning October 7, 2008, and ending August 4, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Brian James of Franklin County, as a member of the Rural Development Council, for the term of office beginning October 17, 2008, and ending August 4, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Dana Kent of Emanuel County, as a member of the Rural Development Council, for the term of office beginning October 17, 2008, and ending August 4, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable George Gaumond of Lowndes County, as a member of the State Board for the Certification of Librarians, for the term of office beginning July 8, 2008, and ending December 31, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Tena Roberts of Bibb County, as a member of the State Board for the Certification of Librarians, for the term of office beginning July 31, 2008, and ending December 31, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Susan Whittle of Decatur County, as a member of the State Board for the Certification of Librarians, for the term of office beginning February 23, 2009, and ending January 1, 2014. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Wanda Brooks of Gwinnett County, as a member of the State Board of Cosmetology, for the term of office beginning February 23, 2009, and ending August 9, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Betty Carlisle of Bibb County, as a member of State Board of Cosmetology, for the term of office beginning June 4, 2008, and ending May 29, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Michelle Cox-Turley of Chatham County, as a member of the State Board of Cosmetology, for the term of office beginning June 4, 2008, and ending May 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. FRIDAY, APRIL 3, 2009 4115 The Honorable James "Slatz" Gaines of Hall County, as a member of the State Board of Cosmetology, for the term of office beginning June 18, 2008, and ending May 1, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Kay Kendrick of McDuffie County, as a member of the State Board of Cosmetology, for the term of office beginning February 23, 2009, and ending May 1, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John Siggers of Fulton County , as a member of the State Board of Cosmetology, for the term of office beginning February 23, 2009, and ending August 9, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Mary Sue Murray of Douglas County, as a member of the State Board of Education, for the term of office beginning January 6, 2009, and ending January 1, 2016. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Elizabeth Ragsdale of Dougherty County, as a member of the State Board of Education, for the term of office beginning January 6, 2009, and ending January 1, 2016. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Allen Rice of Toombs County, as a member of the State Board of Education, for the term of office beginning January 6, 2009, and ending January 1, 2014. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Linda Zechmann of Ware County, as a member of the State Board of Education, for the term of office beginning January 6, 2009, and ending January 1, 2016. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Dr. Marsha Sauls of DeKalb County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning February 23, 2009, and ending January 7, 2014. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Terry Cook of Telfair County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 7, 2008, and ending June 4, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Maxine McCullar of Cobb County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 17, 2008, and 4116 JOURNAL OF THE SENATE ending June 4, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Norma Jean Morgan of Effingham County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 12, 2008, and ending December 29, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Phil Stone of Newton County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 22, 2008, and ending June 4, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Dennis Taylor, MD of Laurens County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning November 25, 2008, and ending December 29, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Sheila Weddon of Burke County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning October 7, 2008, and ending June 4, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Mary Louise Austin of Fulton County, as a member of the State Board of Occupational Therapy, for the term of office beginning May 29, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Rachele Branson of DeKalb County, as a member of the State Board of Occupational Therapy, for the term of office beginning May 29, 2008, and ending December 31, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jeff Etheridge of Dougherty County, as a member of the State Board of Occupational Therapy, for the term of office beginning May 29, 2008, and ending December 31, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Dudley Christie of Houston County, as a member of the State Board of Optometry, for the term of office beginning October 7, 2008, and ending September 6, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. FRIDAY, APRIL 3, 2009 4117 The Honorable Kemp Jones of Emanuel County, as a member of the State Board of Optometry, for the term of office beginning October 7, 2008, and ending September 6, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Betty Ann Lindsey of Tift County, as a member of the State Board of Optometry, for the term of office beginning March 4, 2009, and ending July 1, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Whit Lord of Bulloch County, as a member of the State Board of Optometry, for the term of office beginning October 7, 2008, and ending September 6, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Kay Royal of Stephens County, as a member of the State Board of Optometry, for the term of office beginning October 17, 2008, and ending September 6, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Bill Sharpton of Rabun County, as a member of the State Board of Optometry, for the term of office beginning October 9, 2008, and ending September 6, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jim Donald of DeKalb County, as a member of the State Board of Pardons and Paroles, for the term of office beginning January 6, 2009, and ending December 31, 2015. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Pat McPherson of Cobb County, as a member of the State Board of Pharmacy, for the term of office beginning November 6, 2008, and ending November 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Ronnie Wallace of Floyd County, as a member of the State Board of Pharmacy, for the term of office beginning September 17, 2008, and ending July 6, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John Cowherd of Clayton County, as a member of the State Board of Physical Therapy, for the term of office beginning August 13, 2008, and ending June 30, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. 4118 JOURNAL OF THE SENATE The Honorable Emily Garner of Carroll County, as a member of the State Board of Physical Therapy, for the term of office beginning August 28, 2008, and ending August 30, 2009. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Lola Sicard-Rosenbaum of Houston County, as a member of the State Board of Physical Therapy, for the term of office beginning August 13, 2008, and ending August 30, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Donald Walsh of Hall County, as a member of the State Board of Physical Therapy, for the term of office beginning August 13, 2008, and ending August 30, 2010. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Sarvepalli Jokhai of Bibb County, as a member of the State Board of Podiatry Examiners, for the term of office beginning March 16, 2009, and ending May 5, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable James Butler of Lamar County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning March 11, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Dean Alford of Rockdale County, as a member of the State Board of Technical and Adult Education, for the term of office beginning August 19, 2008, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Shaw Blackmon of Houston County, as a member of the State Board of Technical and Adult Education, for the term of office beginning August 15, 2008, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable John "Pepper" Bullock of Fulton County, as a member of the State Board of Technical and Adult Education, for the term of office beginning May 29, 2008, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Tommy David of Bulloch County, as a member of the State Board of Technical and Adult Education, for the term of office beginning October 3, 2008, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the FRIDAY, APRIL 3, 2009 4119 nominee was confirmed. The Honorable Mary Flanders of Chatham County, as a member of the State Board of Technical and Adult Education, for the term of office beginning February 6, 2009, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Steve Gooch of Lumpkin County, as a member of the State Board of Technical and Adult Education, for the term of office beginning March 4, 2009, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Cedric Johnson of Richmond County, as a member of the State Board of Technical and Adult Education, for the term of office beginning February 6, 2009, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Otis Raybon, Jr. of Floyd County, as a member of the State Board of Technical and Adult Education, for the term of office beginning June 30, 2008, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Sandra Reed of Thomas County, as a member of the State Board of Technical and Adult Education, for the term of office beginning August 20, 2008, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Michael Sullivan of Gwinnett County, as a member of the State Board of Technical and Adult Education, for the term of office beginning June 30, 2008, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jim Belk of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 8, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Hal Cosper of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 7, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Tom Dozier of Richmond County, as a member of the State Construction 4120 JOURNAL OF THE SENATE Industry Licensing Board, for the term of office beginning April 17, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Jan King of Houston County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 7, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable David Rawson of Fulton County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 7, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Lin Rogers of Fulton County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 8, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Albert Scales of Paulding County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 7, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Keith Steen of Fayette County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 17, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Maudine Wright of Coffee County, as a member of the State Construction Industry Licensing Board, for the term of office beginning October 8, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Patrick Millsaps of Mitchell County, as a member of the State Ethics Commission, for the term of office beginning February 10, 2009, and ending February 5, 2011. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable C. David Moody, Jr. of DeKalb County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning February 10, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. FRIDAY, APRIL 3, 2009 4121 The Honorable Ed Strain of Habersham County, as a member of the State Licensing Board for Residential and General Contractors, for the term of office beginning July 22, 2008, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. The Honorable Patty Bailey of Fulton County, as a member of the State Personnel Board, for the term of office beginning May 29, 2008, and ending January 3, 2012. The vote on this confirmation was yeas 49, nays 1, and the nominee was confirmed. Sincerely, Robert F. Ewing Secretary of the Senate Senator Balfour of the 9th asked unanimous consent that HR 336, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HR 336 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HR 336, having been taken from the Table, was put upon its adoption. HR 336. By Representatives Everson of the 106th, Cox of the 102nd, Collins of the 95th, Casas of the 103rd and Mitchell of the 88th: A RESOLUTION honoring the life and sacrifice of Corporal Jonathan Ryan Ayers and dedicating an interchange in his memory; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Transportation Committee offered the following substitute to HR 336: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Corporal Jonathan Ryan Ayers of Snellville, Georgia, died serving his country on Sunday, July 13, 2008; and WHEREAS, he was a graduate of Shiloh High School where he served with distinction in the ROTC program and won the award for "most impressive commander" in 2002; and 4122 JOURNAL OF THE SENATE WHEREAS, he joined the Army in April 2006 and went straight from basic and advanced individual training at Fort Benning, Georgia, to the 2nd Battalion, 503d Infantry Regiment (Airborne), 173rd Airborne Brigade Combat Team, based in Vicenza, Italy; and WHEREAS, Jonathan served in the Army for two years, during which time he deployed to Afghanistan, where he earned the Silver Star, Bronze Star, Purple Heart, and a Good Conduct Medal for his bravery in combat; and WHEREAS, he died of wounds sustained when his outpost was attacked by small-arms fire and rocket propelled grenades from enemy forces in Wanat, Afghanistan; and WHEREAS, CPL Ayers and his fellow soldiers were completing work on a new base in a remote, mountainous region bordering Pakistan; and WHEREAS, he is survived by his loving parents, Bill and Suzanne Ayers, his brother, Joshua, and his grandmother, Pattie Weatherly; and WHEREAS, it is only proper and fitting to honor this fallen hero who now stands in the unbroken line of patriots who have dared to die that freedom might live and grow and increase in its blessings. PART II WHEREAS, Dave S. Miller was born in the Whitehouse community in 1874 and spent his entire life there; and WHEREAS, he first worked as a blacksmith, and his shop still stands on the east side of Highway 155 just north of Miller's store; and WHEREAS, in 1830 Silas Moseley, the ancestor of the Moseley clan in Henry County, built the first bridge and corn mill on Big Cotton Indian Creek, and after the Civil War the Hinton family bought the mill property from the Moseleys; and WHEREAS, in 1925, Dave S. Miller bought the mill property and from that time until his death in 1966 he ran a very prosperous business which included the corn mill, a cotton gin, a saw mill, and a planing mill; and WHEREAS, Dave S. Miller's son, Carlton Miller, ran the mill from 1925 until 1947, and his son, David Miller, ran the gin and country store; and WHEREAS, the mill complex was the center of activity for the community and the operation was active until 1960 when Dave S. Miller was too old to work any more; and FRIDAY, APRIL 3, 2009 4123 WHEREAS, it is only fitting and proper to honor Dave S. Miller for the tremendous impact he and his sons had on their community and Henry County. PART III WHEREAS, William Raleigh Cook was born in Henry County, Georgia, on July 4, 1888, and passed away on August 30, 1957; and WHEREAS, Mamie Leona Steele was born in Henry County, Georgia, on October 5, 1893, and passed away on July 19, 1971; and WHEREAS, they were married in Henry County on December 18, 1912, and set up a homestead at Little Cotton Indian Creek and Decatur Road (now Ga. Hwy 155); and WHEREAS, they farmed the local area and lived on Little Cotton Indian Creek throughout their lives, and they served as managers of the historic Shingleroof Campground Hotel in the 1920's and 1930's; and WHEREAS, they were lifelong members at nearby Salem Baptist Church and greeted and met travelers along Decatur Road for nearly a century; and WHEREAS, the ancestors of both William and Mamie Cook were among the earliest white settlers of Henry County, Georgia, including John Cook who settled in Henry County after serving in the War of 1812 and also including veterans of the Civil War and the Spanish American War. These ancestors lived in the area around Little Cotton Indian Creek along Decatur Road; and WHEREAS, the descendants of William and Mamie Cook include four generations of Henry County residents, many of whom still reside on and near the original homestead. Their number includes decorated veterans of the Second World War, the Korean War, and the Vietnam Conflict. Additionally, many of these descendants have served Henry County as successful businesspersons, academics, horse and cattle ranchers, real estate developers, and professionals in banking, technology, healthcare, and engineering; and WHEREAS, it is only proper and fitting that a lasting memorial be dedicated to the memory of William and Mamie Cook. PART IV WHEREAS, Bobby Walden, the "Big Toe from Cairo" was born in Boston, Georgia, on March 9, 1938; and WHEREAS, he was an all-state halfback at Cairo and also lettered in basketball and track; and 4124 JOURNAL OF THE SENATE WHEREAS, he went to the University of Georgia in 1957 and was part of a Bulldog football team that included teammates Fran Tarkenton, Fred Brown, Bill Godfrey, Pat Dye, and Charlie Britt; and WHEREAS, at the conclusion of his college career, Bobby joined the Edmonton Eskimos, and he led the team in punting, rushing, and receiving in 1961 and 1962; and WHEREAS, he then joined the Minnesota Vikings of the National Football League and led the NFL in punting in 1965 with an average of 46.4 yards per kick; and WHEREAS, Bobby was traded to the Pittsburgh Steelers in 1967 and continued as one of the premier punters in the league for the next decade; and WHEREAS, he was an All-Pro selection in 1974, and he punted for Pittsburgh's Super Bowl championship teams in 1974 and 1975; and WHEREAS, Bobby has returned to his roots to live in Cairo and Bainbridge since his retirement from professional football in 1977; and WHEREAS, Bobby has been married for 44 years to the former Scarlett Bates of Bainbridge, and they have one son, Bobby Walden, Jr.; and WHEREAS, it is only fitting and proper that Bobby Walden be recognized for his outstanding accomplishments on and off the football field. PART V WHEREAS, the State of Georgia lost one of her great trailblazers and a mighty advocate in George W. Ford, Jr.; and WHEREAS, Mr. Ford was a native son of Columbus, Georgia, who was among the first 200 African American men to serve in the Marine Corps and who, after his service in World War II, became a highly respected member of the Civil Rights movement; and WHEREAS, he inspired fellow African Americans by lighting a torch to follow his example in such leadership roles as cofounding the Urban League of Greater Columbus, serving as president of the local National Association for the Advancement of Colored People branch, and acting as a voice of reason and builder of bridges in his community; and WHEREAS, Mr. Ford was the founder and president emeritus of Progressive Funeral Home and served with distinction as a member of the board of directors for both Aflac and the Columbus Bank and Trust Company; and FRIDAY, APRIL 3, 2009 4125 WHEREAS, the work of this mentor, friend, and teacher was honored with the Jim Woodruff, Jr., Memorial Award in 2003; and WHEREAS, Mr. Ford's actions have paved the way for so many others, and his legacy will live on in future generations of Georgians; and WHEREAS, it is only proper that George W. Ford, Jr., be honored for his life well lived and that a permanent monument in his memory be established. PART VI WHEREAS, Edward A. Logan was born in Benton, Louisiana in 1898; and WHEREAS, he served in the United States Army at the end of World War I and studied engineering by a correspondence course before moving to Hattiesburg, Mississippi, to take a job with the Mississippi Highway Department; and WHEREAS, several years later he moved to Atlanta and studied until he received his degree in civil engineering and he was then employed by the Georgia Highway Department as a surveyor; and WHEREAS, in 1924, Mr. Logan was sent to the Florida line to begin surveying and building US 17 and during this time he lived in Woodbine, Brunswick, and Riceboro; and WHEREAS, he later lived in Savannah, Waycross, and Fitzgerald and then back to Savannah where he worked as the district engineer for all three towns; and WHEREAS, in 1940, he took leave from the Georgia Highway Department to do defense work with private contractors; and WHEREAS, in 1951, he moved to St. Simons Island and went back to work for the Georgia Highway Department in 1958 where he was the district engineer for the Jesup division until he retired in 1968 at age 70; and WHEREAS, Mr. Logan was a lifelong Presbyterian and served as an elder in the St. Simons Presbyterian Church, and he was also a Rotarian, a 33rd Degree Mason, a Shriner, and a member of the American Legion and loved to hunt deer and turkey; and WHEREAS, he was married to Eula Mae Best from Hazlehurst, Georgia, and they had two children, Edward and Jean; and WHEREAS, it is only proper that Edward A. Logan be honored for his life well lived and that a permanent monument in his memory be established. 4126 JOURNAL OF THE SENATE PART VII WHEREAS, the Honorable Richard S. Gault was a distinguished Georgian and highly respected jurist who will long be remembered as the patriarch of the courts of Forsyth County, as well as a trusted advisor, confidant, and friend to the legal community; and WHEREAS, Judge Gault died suddenly on July 23, 2003; and WHEREAS, he graduated from Marietta High School, was a cadet at the United States Air Force Academy, served four years in the Air Force, was honorably discharged with the rank of captain in 1971, and he earned his Juris Doctorate from the Emory University School of Law; and WHEREAS, he served six years as an Assistant and Special Assistant Attorney General of Georgia, six years as solicitor and four years as judge of the State Court of Cherokee and Forsyth Counties, and 14 years as judge of the Superior Court of the Blue Ridge Circuit; and WHEREAS, Judge Gault worked tirelessly to ensure that the judicial needs of the citizens of Georgia and fast-growing Forsyth County were met, and his work was vital to the formation of the Bell-Forsyth Judicial Circuit in 1998; and WHEREAS, his keen intellect, integrity, and skill in communicating the needs of the judicial branch earned him the esteem of his colleagues on the bench and the respect and admiration of members of the executive and legislative branches of state government, as exemplified by his membership on the Chief Justice's Commission on Professionalism from 1997-2002 and on the Supreme Court Blue Ribbon Commission on the Judiciary; and WHEREAS, Judge Gault was a dedicated leader in his community as a member of First Baptist Church of Cumming and president of his Unity Sunday School Class, and he was a charter member of the Forsyth County Rotary Club, an organizer in the Charter Class of Leadership Forsyth, and served as director of the Cumming-Forsyth Chamber of Commerce; and WHEREAS, it is only proper and fitting that the memory of Judge Gault be honored by dedicating a lasting memorial to his life of service to his community and to the State of Georgia. PART VIII WHEREAS, Doug Ferguson was born on December 28, 1946, to John Lewis Ferguson and Jessie Lorene Ferguson of Emerson, Georgia, and he lived his entire life in Emerson; and FRIDAY, APRIL 3, 2009 4127 WHEREAS, Doug married Melissa Stokes on March 19, 1969, and they had two sons, Aaron and Alexander, who also reside in Emerson; and WHEREAS, in 1994, he opened Doug's Place Restaurant in the former Moms Groceries store building, a landmark in Emerson that is over 100 years old; and WHEREAS, Doug was instrumental in establishing an annual "Emerson Reunion" bringing together former and current Emerson residents for a great time of fellowship and strengthening of the Emerson identity; and WHEREAS, Doug's Place was recognized by the Georgia House of Representatives in 2001 by means of House Resolution 575 commending Doug's Place Restaurant for being "a fine eating establishment known far and wide as a place for good food, fast service, and ample servings; and the success of this venture no doubt is due to the strong work ethic, fairness, honesty, and talent of the very dedicated Ferguson family"; and WHEREAS, Doug Ferguson passed away on January 14, 2007, but he shall never be forgotten by the citizens of Emerson; and WHEREAS, it is only proper that Doug Ferguson be honored for his life well lived and that a permanent monument in his memory be established. PART IX WHEREAS, David Paul (Bubba) Land was born on February 11, 1971, the fine son of Paul and Linda Land, brother to Shelly, and proud father of Taylor; and WHEREAS, David realized his dream of being a police officer when, in March of 1990, he became an Atlanta police officer; and WHEREAS, in 1992, he went to work for the Stone Mountain Police Department where he worked as an officer until being hired by the Forsyth County Sheriff's Office in December of 1997; and WHEREAS, while working with the Forsyth County Sheriff's Office, David met Paula Shapiro, who was also working as a deputy with the Sheriff's Office, and in July of 2002, David and Paula were married in a storybook wedding at Walt Disney World in Orlando, Florida; and WHEREAS, on March 24, 2003, David was promoted to the rank of Sergeant and returned to the uniform patrol; and WHEREAS, on March 26, 2003, at approximately 1600 hours, Sgt. Land responded to a call for service regarding a fight in progress and as he was traveling west on Highway 20 4128 JOURNAL OF THE SENATE (Buford Highway) on his motorcycle with lights and siren activated, a motorist turned left into his path and he was thrown from the motorcycle and received fatal injuries; and WHEREAS, in May of 2004, Sgt. Land was placed on the Police Officer's Memorial Wall in Washington, D.C., by his family, friends, and brothers and sisters of the Forsyth County Sheriff's Office; and WHEREAS, in December of 2007, David's brothers and sisters of the Fraternal Order of Police Lanier Lodge #82 voted and changed the lodge name to the Sgt. D. P. Land Memorial Lodge #82 in memory of David who served his community and was a friend to all; and WHEREAS, Sgt. Land paid the ultimate sacrifice by giving his life in the performance of his duties in the career that he loved, and it is only fitting that a lasting memorial to honor his memory be established. PART IX-A WHEREAS, Tom Buck was born on March 2, 1938, and was educated in the public schools of Columbus, Georgia; and WHEREAS, his distinguished career included serving 19 consecutive terms of office in the Georgia House of Representatives; and WHEREAS, he provided stellar leadership as Chairman of the House Committee on Retirement, the House Committee on the University System, the House Committee on Ways and Means, and the House Committee on Appropriations; and WHEREAS, his expertise on the state budget, developed over years of tireless service as a House budget conferee, and his prodigious knowledge of tax law and policy were invaluable in developing responsible fiscal policies in times of prosperity and times of hard choices; and WHEREAS, as Chairman of the Muscogee House Delegation, he was always attentive to the needs of his community; and WHEREAS, he has been generous with his time and energy for community endeavors, serving on the board of trustees for the Columbus State University Foundation, St. Francis Hospital, and the Columbus River Center for the Performing Arts; and WHEREAS, his dedication, insight, and tenacity are attributes that have made him an exemplary public servant. FRIDAY, APRIL 3, 2009 4129 PART IX-B WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the untimely passing of Honorable Jack Hays Morgan, Sr., on March 3, 2009; and WHEREAS, Mr. Morgan was born in 1919 in Newton County, Georgia, and was known as an intelligent, fair minded, and dedicated community leader and entrepreneur; and WHEREAS, as a young man, Mr. Morgan worked several odd jobs including picking peaches, working at a bus station snack bar, and delivering bread for a bakery, before he entered the Navy to serve as a guardian of this nation's freedom and liberty; and WHEREAS, upon his return home from the service, Mr. Morgan entered the agricultural field as a pulpwood cutter and was instrumental in the post-War World II development of Newton County, opening the county's first pulpwood yard, Morgan Timber Company, and later founding the area's first grading and paving services with Morgan Concrete Company; and WHEREAS, over the years, Mr. Morgan expanded his business and agricultural ventures to include cotton and dairy farming, raising cattle, harvesting peaches and soybeans, and many real estate and development projects; and WHEREAS, Mr. Morgan's interest in politics and public service began in 1961 when he was elected to the Georgia House of Representatives, and he continued to serve as a state and community leader as Newton County Commission Chairman; and WHEREAS, during his eight-year tenure as chairman, Mr. Morgan oversaw the paving of 142 miles of county roads and the start of the county's first ambulance service, garbage collections, and landfill; and WHEREAS, he was a devoted man of faith and civic leader as an active member of Covington's First United Methodist Church and the Georgia Rural Development Authority; and WHEREAS, Mr. Morgan was united in love and marriage to Barbara Davis and was blessed with eight remarkable children; and WHEREAS, Mr. Morgan will long be remembered for his love of family and friendship, and this loyal husband, father, neighbor, and friend will be missed by all who had the great fortune of knowing him. PART IX-C WHEREAS, the State of Georgia mourns the loss of one of its most distinguished 4130 JOURNAL OF THE SENATE citizens with the passing of Mr. Lamar B. Hays on March 4, 2009; and WHEREAS, Mr. Hays was born in 1936, in Newton County, Georgia, a beloved son of the late Lee and Sarah Byrd Hays; and WHEREAS, Mr. Hays served as a guardian of the nation's freedom and liberty with the Air National Guard and was a member of the Woodmen of the World; and WHEREAS, dedicated to improving his community and the lives of his neighbors, Mr. Hays served as chief of the Mansfield Volunteer Fire Department and served on the City Council of Mansfield for many years; and WHEREAS, Mr. Hays was the owner of Hays Tractor of Mansfield and enjoyed spending his free time in nature, fishing and gardening; and WHEREAS, Mr. Hays was united in love and marriage for 47 years to his adoring wife Carrie Henderson Hays, and he was surrounded by loving families of his daughters Susan, Sandra, and Sheila, which included his six grandchildren; and WHEREAS, this distinguished Georgian gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens and he possessed the vast wisdom which only comes through experience and the strength of character which is achieved through overcoming the many challenges of life; and WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and WHEREAS, Mr. Hays will long be remembered for his love of family and friendship, and this loyal father, grandfather, husband, and friend will be missed by all who had the great fortune of knowing him. PART IX-D WHEREAS, Jeffrey Steven Blanton was born on November 4, 1981, at Cobb County Hospital in Marietta, Georgia; and WHEREAS, in 1992, when Jeffrey was 11, he moved with his family to Senoia, Georgia, in Coweta County; and WHEREAS, from the ages of 11 through 16, Jeffrey played baseball in the Senoia Recreation Department league; and WHEREAS, in his seventh and eighth grade years he played football for East Coweta FRIDAY, APRIL 3, 2009 4131 Middle School; and WHEREAS, at the age of 15 he gave his life to God, was baptized, and became a member of Starr's Mill Baptist Church in Fayetteville, Georgia; and WHEREAS, Jeffrey's love of baseball continued from the ages of 16 through 19 as an umpire for the Senoia Recreation Department league; and WHEREAS, during his junior year in high school he joined the Vocational Opportunities Club of America, and in 1999 he won first place for the East Coweta High School math team at a competition at St. Simons Island; and WHEREAS, at an early age of 16 he showed a real interest in joining the military and joined the R.O.T.C. in his junior year and stayed until his senior year; and WHEREAS, Jeffrey's hobbies included hunting and fishing and he loved to fish for trout and hunt for deer; and WHEREAS, he graduated from Marietta High School in June, 2001, and after the disasters on September 11, 2001, he made the decision to enlist in the Marines so he could fight the war on terrorism for his country; and WHEREAS, he enlisted in November, 2001, and in March, 2002, he left for Parris Island for 13 weeks of boot camp, and afterwards he was sent to Camp Lejeune in North Carolina for infantry training; and WHEREAS, when he completed his training he was stationed in Hawaii where he received more extensive training and was able to travel to places like Japan and Afghanistan; and WHEREAS, while in Hawaii, Jeffrey met and married an Army paralegal on February 29, 2004; and WHEREAS, in June, 2004, he was deployed to Iraq where he served until he was shot in the foot and lost three of his toes, for which he received a Purple Heart and was offered an honorable discharge; but he decided he would stay in the Marines and that his place was with his men. He went back on duty on December 11 and was killed during sweep missions on December 12, 2004; and WHEREAS, on December 20, 2004, Jeffrey was laid to rest at Marietta National Cemetery; and WHEREAS, LCPL Jeffrey Blanton loved and served his country with great pride, and his 4132 JOURNAL OF THE SENATE loyalty and service should always be remembered for generations to come. PART X NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the interchange at US 78 and Killian Hill Road, in Gwinnett County, be dedicated as the CPL Jonathan Ryan Ayers Memorial Interchange. BE IT FURTHER RESOLVED that the new bridge in Henry County over Big Cotton Creek be dedicated as the Dave S. Miller Memorial Bridge. BE IT FURTHER RESOLVED that the bridge on SR 155 at Little Cotton Indian Creek be dedicated as the William R. and Mamie Steele Cook Memorial Bridge. BE IT FURTHER RESOLVED that the portion of U.S. Highway 84, in Decatur County, Georgia, from the Grady County line west to the traffic light at Whigham Dairy Road, within the limits of the Wiregrass Georgia Parkway, be dedicated as the Bobby Walden Highway. BE IT FURTHER RESOLVED that the interchange at Interstate Highway 85 and St. Mary's Road in Muscogee County be dedicated as the George W. Ford, Jr. Interchange. BE IT FURTHER RESOLVED that the bridge in Glynn County over Fancy Bluff Creek on SR 520/SR 25 at milepost 14.75 be dedicated as the Edward A. Logan Memorial Bridge. BE IT FURTHER RESOLVED that the interchange at GA 400 and SR 20 in Forsyth County be dedicated as the Judge Richard S. (Stan) Gault Memorial Interchange. BE IT FURTHER RESOLVED that the bridge being erected over Hwy 41, in Emerson, Georgia, be dedicated as the Doug Ferguson Memorial Bridge. BE IT FURTHER RESOLVED that the bridge on SR 20 over Haw Creek in Forsyth County, Georgia, be dedicated as the Sgt. D. P. Land Memorial Bridge. BE IT FURTHER RESOLVED that the portion of SR 22 Spur from US 27 (Veterans Parkway) to Brown Avenue in Muscogee County, Georgia, be dedicated as the Tom Buck Parkway. BE IT FURTHER RESOLVED that the portion of US 278 in Newton County from its intersection with Martin Luther King, Jr., Drive to its intersection with GA 142 be dedicated as the Jack and Davis Morgan Memorial Highway. BE IT FURTHER RESOLVED that the portion of GA Hwy 11 inside the city limits of FRIDAY, APRIL 3, 2009 4133 Mansfield, Georgia, be dedicated as the Lamar B. Hays Memorial Parkway. BE IT FURTHER RESOLVED that the portion of SR 85 from the Fayette/Coweta County line to the Meriwether County line be dedicated as the Jeffrey Steven Blanton 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 Corporal Jonathan Ryan Ayers, to the family of Dave S. Miller, to the family of William R. and Mamie Steele Cook, to Robert Earl (Bobby) Walden, to the family of George W. Ford, Jr., to the family of Edward A. Logan, to the family of Richard S. (Stan) Gault, to the family of Doug Ferguson, to the family of Sgt. D. P. Land, to Tom Buck, to the family of Jack Hays Morgan, Sr., to the family of Davis Morgan, to the family of Lamar B. Hays, and to the family of Jeffrey Steven Blanton. Senators Mullis of the 53rd, Goggans of the 7th and Golden of the 8th offered the following amendment #1 to the committee substitute: Amend the substitute to HR 336 (LC 34 2278S) by inserting between lines 314 and 315 the following: PART IX-E WHEREAS, Edith C. Fulgham was a retired nutritionist with the Lanier County School System; and WHEREAS, she cared for her own children as well as all of the school children in Lanier County; and WHEREAS, she was beloved by everyone that had the opportunity to spend time with her; and WHEREAS, it is only fitting and proper that a lasting memorial to this fine lady be established in Lanier County. By adding between lines 346 and 347 the following: BE IT FURTHER RESOLVED that the bridge on SR 135 over Big Creek in Lanier County be dedicated as the Edith C. Fulgham Memorial Bridge. 4134 JOURNAL OF THE SENATE By replacing line 357 with the following: family of Lamar B. Hays, to the family of Jeffrey Steven Blanton, and to the family of Edith C. Fulgham. On the adoption of the amendment, there were no objections, and the Mullis 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 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 Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hudgens Y Jackson,L Y Jackson,W Y Johnson Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 49, nays 0. HR 336, having received the requisite constitutional majority, was adopted by substitute. Senator Balfour of the 9th asked unanimous consent that HB 639, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 639 was taken from the Table. FRIDAY, APRIL 3, 2009 4135 Pursuant to Senate Rule 4-2.10(a), HB 639, having been taken from the Table, was put upon its passage. HB 639. By Representatives Dollar of the 45th, Butler of the 18th, Lane of the 167th, Burkhalter of the 50th, Keen of the 179th 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 supporting the protection of wild dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. The Senate Finance Committee offered the following substitute to HB 639: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, so as to provide for a special license plate supporting the Georgia Aquarium in its mission to promote the conservation of aquatic biodiversity throughout the world; to change certain provisions regarding a special license plate supporting the Atlanta Falcons Foundation to a special license plate supporting the Atlanta Falcons Youth Foundation; 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 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, is amended in subsection (o), by revising paragraph (23) and by adding a new paragraph to read as follows: "(23) A special license plate for the Atlanta Falcons Youth Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated Atlanta Falcons Youth Foundation. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Atlanta Falcons' in lieu of the name of the county of 4136 JOURNAL OF THE SENATE issuance." "(40) A special license plate for the Georgia Aquarium to support its mission as an entertaining, educational, and scientific institution and to promote the conservation of aquatic biodiversity throughout the world. The funds raised by the sale of this special plate shall be disbursed to Georgia Aquarium, Inc. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Georgia Aquarium' in lieu of the name of the county of issuance." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Cowsert of the 46th, Murphy of the 27th and Thomas of the 54th offered the following amendment #1 to the committee substitute: Amend the Senate Finance Committee substitute to HB 639 by inserting after "Foundation;" on line 7 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; to provide for an effective date;" By inserting after line 26 the following: 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, and sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or farm vehicles as defined in Code Section 40-2-150 being used by an owner, driver, or occupant 18 years of age or older 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." SECTION 3. This Act shall become effective on June 1, 2009. SECTION 4. Senator Cowsert of the 46th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. FRIDAY, APRIL 3, 2009 4137 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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. HB 639, having received the requisite constitutional majority, was passed by substitute. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The following bill was taken up to consider House action thereto: SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Unterman of the 45th asked unanimous consent that the Senate adhere to its 4138 JOURNAL OF THE SENATE disagreement to the House substitute to SB 244 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Goggans of the 7th, Grant of the 25th and Unterman of the 45th. The following bill was taken up to consider House action thereto: HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes. Senator Bulloch of the 11th asked unanimous consent that the Senate insist on its amendment to HB 529. The consent was granted, and the Senate insisted on its amendment to HB 529. Senator Balfour of the 9th asked unanimous consent that HB 608, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 608 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 608, having been taken from the Table, was put upon its passage. HB 608. By Representatives Weldon of the 3rd, Willard of the 49th, Lane of the 167th, Jacobs of the 80th, Powell of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to time-share projects and programs, so as to provide for definitions; to provide that a time-share estate shall include certain interests; to provide for certain actions when such interests are held in trust; to provide for certain fiduciary requirements to an owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. FRIDAY, APRIL 3, 2009 4139 The report of the committee, which was favorable to the passage of the bill, was agreed 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 53, nays 0. HB 608, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd: A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: 4140 JOURNAL OF THE SENATE Delete lines 38 - 81 in Section 1. Senator Weber of the 40th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 251. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 251. 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 830. By Representatives Neal of the 1st, Weldon of the 3rd and Dickson of the 6th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes. HB 841. By Representatives Knight of the 126th and Lunsford of the 110th: A BILL to be entitled an Act to create a joint county-municipal board of elections and registration for Butts County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the board's organization, powers, and duties; to provide for related matters; to provide an effective date; to repeal an Act approved April 6, 2004 (Ga. L. 2004, p. 3525); to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes to the following Bills of the House: HB 502. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th: A BILL to be entitled an Act to amend an Act establishing the Unified FRIDAY, APRIL 3, 2009 4141 Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, so as to provide a method for selecting the judge and personnel of the municipal court; to repeal conflicting laws; and for other purposes. HB 791. By Representative Cheokas of the 134th: A BILL to be entitled an Act to create and establish the Ellaville-Schley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for all procedures and other matters connected with the foregoing; 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 271. By Senators Mullis of the 53rd and Thomas of the 54th: 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 280. By Senator Brown of the 26th: A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to change the procedure for choosing members of such authority; to provide for terms for such members; to provide for certain billing cycles; to eliminate certain excises; to provide for the elimination of certain compensation plans; to provide for related matters; to repeal conflicting laws; and for other purposes. 4142 JOURNAL OF THE SENATE Senator Balfour of the 9th asked unanimous consent that HB 528, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 528 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 528, having been taken from the Table, was put upon its passage. HB 528. By Representatives McCall of the 30th and England of the 108th: 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 require developers to provide audits to homeowners in certain circumstances; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Seabaugh of the 28th. The Senate Economic Development Committee offered the following substitute to HB 528: 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 require developers to provide audits to homeowners in certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, is amended by adding a new article to read as follows: "ARTICLE 7 44-3-250. Any developer that directly manages a homeowners' association whose annual assessment fee is $500.00 or more in a development or subdivision with 20 or more homes shall provide a report itemizing the expenses for such homeowners' association to each homeowner not later than 60 days after the end of the year for which fees were assessed. This Code section shall not apply to any development that has been made a property owners' development in accordance with Article 6 of this chapter, the 'Georgia Property Owners' Association Act.'" FRIDAY, APRIL 3, 2009 4143 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 to the committee substitute: Amend HB 528 (LC 38 0933S) by inserting between "homeowners" and "in" on line 3 the following: and condominium owners By inserting between "homeowners" and "association" on line 10 the following: or condominium owners' By striking lines 12 and 13 and inserting in lieu thereof the following: provide a report itemizing the expenses for such homeowners' or condominium owners' association to each homeowner or condominium owner not later than 60 days after the end of the year for which fees were assessed. 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 Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson 4144 JOURNAL OF THE SENATE Y Golden Y Grant Hamrick Y Harbison Y Harp Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 55, nays 0. HB 528, having received the requisite constitutional majority, was passed by substitute. Senator Balfour of the 9th asked unanimous consent that HB 56, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 56 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 56, having been taken from the Table, was put upon its passage. Senator Rogers of the 21st moved to suspend Senate Rule 7-1.6(b) to consider his floor substitute. HB 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The President resumed the Chair. The Senate Finance Committee offered the following substitute to HB 56: 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 revise provisions of law relating to local sales and use FRIDAY, APRIL 3, 2009 4145 taxation; to revise and change procedures and requirements regarding the renegotiation of distribution certificates for the joint county and municipal sales and use tax; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of said tax; to change certain provisions regarding limitations on imposition of certain local taxes; to authorize the imposition of a local option sales and use tax for transportation projects and costs within special districts; to establish special districts; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by revising subsection (d) of Code Section 48-8-89, relating to the distribution of proceeds of the joint county and municipal sales and use tax and the renegotiation of distribution certificates, as follows: "(d)(1) Except as otherwise provided in paragraph (7) of this subsection, a certificate providing for the distribution of the proceeds of the tax authorized by this article shall expire on December 31 of the second year following the year in which the decennial census is conducted. No later than December 30 of the second year following the year in which the census is conducted, a renegotiated certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with and received by the commissioner. The General Assembly recognizes that the requirement for government services is not always in direct correlation with population. Although a renegotiated certificate is required within a time certain of the decennial census, this requirement is not meant to convey an intent by the General Assembly that population as a criterion should be more heavily weighted than other criteria. It is the express intent of the General Assembly in requiring such renegotiation that eligible political subdivisions shall analyze local service delivery responsibilities and the existing allocation of proceeds made available to such governments under the provisions of this article and make rational the allocation of such resources to meet such service delivery responsibilities. Political subdivisions in their renegotiation of such distributions shall at a minimum consider the criteria specified in subsection (b) of this Code section. (2) The commissioner shall be notified in writing of the commencement of renegotiation proceedings by the county governing authority in on behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall commence renegotiations at the call of the county governing authority but no later than before July 1 of the second year following the year in which the census is conducted. If the county governing authority does not issue the call by that date, any eligible municipality may issue the call and so notify the 4146 JOURNAL OF THE SENATE commissioner and all eligible political subdivisions in the special district. (3)(A) Following the commencement of such renegotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall agree to submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which, in the judgment of the commissioner, reflects a good faith effort to resolve the dispute. Any renegotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsection. If the parties fail to reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, any party necessary to an agreement may file a petition in superior court of the county seeking resolution of the items remaining in dispute. Such petition shall be assigned to a judge pursuant to Code Section 15-1-9.1 or 156-13 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. (B) The county and qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district shall separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from the county and one from qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. The offer from the county may be an offer representing the county and any municipalities that are not represented in the offer from the qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. (C) Any qualified municipality or municipalities located wholly or partially within the special district who are not a party to an offer under subparagraph (B) of this paragraph and representing at least one-half of the aggregate municipal population of all qualified municipalities who are not a party to an offer under subparagraph (B) of this paragraph shall be authorized to separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from such qualified municipality or municipalities. (D) Each offer under subparagraphs (B) and (C) of this paragraph shall take into account the allocation required for any absent municipalities in accordance with subsection (b) of this Code section. The visiting or senior judge shall conduct such hearings as the judge deems necessary and shall render a decision based on, but not limited to, the criteria in subsection (b) of this Code section and in paragraph (1) of this subsection. The judge's decision as to the allocation of the tax proceeds shall adopt the best and final offer of one of the parties under subparagraphs (B) and (C) of this paragraph but shall also include findings of fact. The judge shall enter a final order containing a new distribution certificate and transmit a copy of it to the commissioner. Appeal shall be by application and the decision of the judge shall be FRIDAY, APRIL 3, 2009 4147 disturbed only for the judge's disregard of the law, for partiality of the judge, or for corruption, fraud, or misconduct by the judge or a party. (4) If the renegotiated certificate provided for in paragraph (1) of this subsection is not received by the commissioner by the required date, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31 of the second year following the year in which the decennial census is conducted and the tax shall not be levied in the special district after such date unless the reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. When the imposition of the tax is so terminated, the commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified municipalities within the special district until the commissioner receives a certificate in behalf of each such governing authority specifying the percentage of the proceeds which each such governing authority shall receive. If no such certificate is received by the commissioner within 120 days of the date on which the authority to levy the tax was terminated, the proceeds shall escheat to the state and the commissioner shall transfer the proceeds to the state's general fund the commissioner shall continue to distribute the sales tax proceeds according to the percentages specified in the existing certificate or in accordance with subsection (f) of Code Section 48-8-89.1, as applicable, until a new certificate is properly filed. (5) If the commissioner receives the a renegotiated certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the directions of the renegotiated certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated or the first day of the second calendar month following the month such certificate was renegotiated, whichever is sooner. (6) Costs of any conflict resolution under paragraph (3) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the tax as reflected by the renegotiated certificate or as otherwise ordered by the court. (7) All distribution certificates on file with the commissioner on July 1, 1994, which were not renegotiated in accordance with the 1990 decennial census figures or renegotiated on or after January 1, 1992, shall expire on December 31, 1995. Renegotiations with respect to such certificates shall be commenced in accordance with the requirements of this subsection on or before July 1, 1994. If a renegotiated certificate is not received by the commissioner by July 1, 1995, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31, 1995, and the tax shall not be levied in the special district after that date unless reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. The commissioner shall retain and distribute the proceeds of such terminated tax in accordance with paragraph (4) of this subsection. (8) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States decennial census of 1990 shall receive a reduced percentage of distribution than 4148 JOURNAL OF THE SENATE presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality. This paragraph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subsequent renegotiations required by this subsection. (9)(7) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection. (8) Notwithstanding any other provision of this article to the contrary, the imposition of this tax shall not terminate based on a failure to file a new or renegotiated certificate. (10)(9) No provision of this subsection shall apply to any county which is authorized to levy or which levies a local sales tax, local use tax, or local sales and use tax for educational purposes pursuant to a local constitutional amendment or to any county which is authorized to expend all or any portion of the proceeds of any sales tax, use tax, or sales and use tax for educational purposes pursuant to a local constitutional amendment." SECTION 2. Said chapter is further amended by revising subsection (d) of Code Section 48-8-89.1, relating to lapsing of said tax due to failure to file a new certificate, as follows: "(d) If a new certificate is not filed for any special district as required by this Code section, the authority to impose the tax authorized by Code Section 48-8-82 within that special district shall cease on the first day of January of the year following the year in which the required distribution certificate could last have been timely filed. In any special district in which the authority to impose the tax is terminated pursuant to this subsection, the tax may thereafter be reimposed only pursuant to the procedures specified in Code Sections 48-8-84 through 48-8-86 Reserved." SECTION 3. Said chapter is further amended by revising Code Section 48-8-92, relating to the referendum election on discontinuing imposition of said tax, as follows: "48-8-92. (a) Whenever the governing authority of any county or and the governing authorities of at least one-half of qualified municipality municipalities located wholly or partially within a special district in which the tax authorized by this article is being levied wishes wish to submit to the electors of the special district the question of whether the tax authorized by Code Section 48-8-82 shall be discontinued, the such governing authority authorities shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a joint resolution of the governing authority authorities calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the FRIDAY, APRIL 3, 2009 4149 question of discontinuing the levy of the tax to the voters of the special district for approval or rejection. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the following: '( ) YES Shall the 1 percent retail sales and use tax being levied within the ( ) NO special district within ____________ County be terminated?' (b) All persons desiring to vote in favor of discontinuing the tax shall vote 'Yes,' and all persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the tax, then the tax shall cease to be levied on the first day of the second calendar quarter following the month in which the commissioner receives the certification of the result of the election; otherwise, the tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be his such superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election." SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 48-8-6, relating to limitations on imposition of certain local taxes, by deleting "and" at the end of paragraph (3), by deleting the period at the end of paragraph (4) and replacing it with "; and", and by adding a new paragraph to read as follows: "(5) A sales and use tax levied under Article 5 of this chapter." SECTION 5. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 6 48-8-250. As used in this article, the term: (1) 'Cost of project' or 'project costs' means the cost of construction, including without limitation relocation or adjustments of utilities; the cost of all lands, properties, rights, easements, and franchises acquired; relocation expenses; the cost of 4150 JOURNAL OF THE SENATE all machinery and equipment necessary for the operation of the project, the cost of engineering, legal expenses, 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 construction of any project, the placing of the same in operation, or the maintenance and operation of the same. (2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution between a county and one or more qualified municipalities located within the special district containing a combined total of no less than 50 percent of the aggregate municipal population located within the special district. Such an agreement shall include the elements specified in subparagraphs (b)(1)(A) through (b)(1)(H) of Code Section 48-8-115. (4) 'Project' means existing or future land public transportation systems, including without limitation: (A) one or more roads or bridges or a system of roads, bridges, and tunnels or maintenance and operations thereof, with access limited or unlimited, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; and (B) any program for mass public transportation or mass public transportation facilities or maintenance and operations thereof and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities. (5) 'Qualified municipality' has the same meaning as in paragraph (4) of Code Section 48-8-110. 48-8-251. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts. (b) When the imposition of a special district sales and use tax is authorized according to the procedures provided in this article within a special district, the governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the special district a special sales and use tax for a limited period of time which tax shall be known as the special district transportation projects and costs local option sales tax. (c) Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as FRIDAY, APRIL 3, 2009 4151 provided for in division (57)(D)(i) of Code Section 48-8-3. (d) No sales and use tax shall be levied in a special district under this article in which a tax is levied and collected under Article 2 of this chapter. 48-8-252. (a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this article, such governing authority shall enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district and shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the county. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each municipality are to meet to discuss the proposed tax levy. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, a county governing authority voting to impose the tax authorized by this article within the special district shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify the transportation projects and costs, separately identified by the county and by each qualified municipality expending proceeds of the tax, for which the proceeds of the tax are to be used and may be expended and specify: (1) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years; (2) The maximum cost of the transportation projects and costs which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and (3) If general obligation debt is to be issued in conjunction with the imposition of the tax, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt 4152 JOURNAL OF THE SENATE will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c)(1) If the tax is to be imposed and if no debt is to be issued, the ballot shall have written or printed thereon the following: '( ) YES ( ) NO Shall a special 1 percent sales and use tax be imposed in ___________ County for a period of time not to exceed _____________ and for the raising of not more than $_______ for the following transportation projects and costs: _____________?' (2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. (e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable FRIDAY, APRIL 3, 2009 4153 first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. 48-8-253. With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county. 48-8-254. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single 1 percent tax under this article may be imposed within a special district. (2) The governing authority of a county within a special district in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a county is unable to conduct a referendum so as to continue the tax then in effect without interruption, the commissioner may, if feasible administratively, waive the limitations of subsection (a) of this Code section to the minimum extent necessary so as to permit 4154 JOURNAL OF THE SENATE the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, a county may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for initial imposition of such tax. 48-8-255. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. 48-8-256. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale. 48-8-257. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county within the special district for distribution pursuant to the terms of the intergovernmental agreement. 48-8-258. Where a local sales or use tax has been paid with respect to tangible personal property FRIDAY, APRIL 3, 2009 4155 by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county. 48-8-259. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. 48-8-260. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax. 48-8-261. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article. 48-8-262. Except as provided in Code Section 48-8-6 and subsection (d) of Code Section 48-8251, the tax authorized by this article shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6 and subsection (d) of Code Section 48-8-251, the imposition of any other local sales and use tax within a county shall not 4156 JOURNAL OF THE SENATE affect the authority of a county to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county. 48-8-263. (a)(1) The proceeds received from the tax authorized by this article shall be used by the county and qualified municipalities within the special district exclusively for the transportation projects and costs specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and qualified municipalities receiving proceeds of the tax and shall not in any manner be commingled with other funds of such county or qualified municipalities prior to the expenditure. (2) The governing authority of the county and the governing authority of each qualified municipality receiving any proceeds from the tax pursuant to a contract with the county shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (b) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. (c) The intergovernmental agreement and resolution or ordinance calling for imposition of the tax authorized by this article may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and resolution or ordinance so provide, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (d) The intergovernmental agreement and resolution or ordinance calling for the imposition of the tax authorized by this article may specify that a part of the proceeds of FRIDAY, APRIL 3, 2009 4157 the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and ordinance or resolution so provide, they shall specifically state the other purposes for which such proceeds will be used. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used. (f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the county as agent for the special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and costs stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such purpose or purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-253 by reason of denial of validation of debt, then all net proceeds received by the county as agent of the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county within the special district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes. 48-8-264. The governing authority of the county and the governing authority of each qualified municipality receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is 4158 JOURNAL OF THE SENATE not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the local government intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose." SECTION 6. (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 4 of this Act shall become effective January 1, 2011. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the committee substitute, the President asked for unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the substitute, the yeas were 1, nays 35, and the committee substitute was lost. Senators Rogers of the 21st, Mullis of the 53rd, Wiles of the 37th, and Reed of the 35th offered the following substitute to HB 56: 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 revise provisions of law relating to local sales and use taxation; to revise and change procedures and requirements regarding the renegotiation of distribution certificates for the joint county and municipal sales and use tax; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of said tax; to change certain provisions regarding limitations on imposition of certain local taxes; to authorize the imposition of a local option sales and use tax for transportation projects and costs within special districts; to establish special districts; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for an up to 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects of the district; to provide that each county may opt out of the district; to provide for the district to pass a resolution calling FRIDAY, APRIL 3, 2009 4159 for a referendum within the district; to provide for the tax to be levied by the participating counties; to provide for the funds collected to be deposited in trust accounts; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; to provide for related matters; to change certain provisions regarding limitations on imposition of certain local taxes; to provide for the use of proceeds of certain local sales and use taxes for metropolitan rapid transit purposes; to provide for a referendum; to provide for applicability; to provide for effective dates; to provide for automatic repeal of certain provisions under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by revising subsection (d) of Code Section 48-8-89, relating to the distribution of proceeds of the joint county and municipal sales and use tax and the renegotiation of distribution certificates, as follows: "(d)(1) Except as otherwise provided in paragraph (7) of this subsection, a certificate providing for the distribution of the proceeds of the tax authorized by this article shall expire on December 31 of the second year following the year in which the decennial census is conducted. No later than December 30 of the second year following the year in which the census is conducted, a renegotiated certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with and received by the commissioner. The General Assembly recognizes that the requirement for government services is not always in direct correlation with population. Although a renegotiated certificate is required within a time certain of the decennial census, this requirement is not meant to convey an intent by the General Assembly that population as a criterion should be more heavily weighted than other criteria. It is the express intent of the General Assembly in requiring such renegotiation that eligible political subdivisions shall analyze local service delivery responsibilities and the existing allocation of proceeds made available to such governments under the provisions of this article and make rational the allocation of such resources to meet such service delivery responsibilities. Political subdivisions in their renegotiation of such distributions shall at a minimum consider the criteria specified in subsection (b) of this Code section. (2) The commissioner shall be notified in writing of the commencement of renegotiation proceedings by the county governing authority in on behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall commence renegotiations at the call of the county governing authority but no later than before July 1 of the second year following the year in which the census is conducted. If the county governing authority does not issue the 4160 JOURNAL OF THE SENATE call by that date, any eligible municipality may issue the call and so notify the commissioner and all eligible political subdivisions in the special district. (3)(A) Following the commencement of such renegotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall agree to submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which, in the judgment of the commissioner, reflects a good faith effort to resolve the dispute. Any renegotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsection. If the parties fail to reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, any party necessary to an agreement may file a petition in superior court of the county seeking resolution of the items remaining in dispute. Such petition shall be assigned to a judge pursuant to Code Section 15-1-9.1 or 156-13 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. (B) The county and qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district shall separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from the county and one from qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. The offer from the county may be an offer representing the county and any municipalities that are not represented in the offer from the qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. (C) Any qualified municipality or municipalities located wholly or partially within the special district who are not a party to an offer under subparagraph (B) of this paragraph and representing at least one-half of the aggregate municipal population of all qualified municipalities who are not a party to an offer under subparagraph (B) of this paragraph shall be authorized to separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from such qualified municipality or municipalities. (D) Each offer under subparagraphs (B) and (C) of this paragraph shall take into account the allocation required for any absent municipalities in accordance with subsection (b) of this Code section. The visiting or senior judge shall conduct such hearings as the judge deems necessary and shall render a decision based on, but not limited to, the criteria in subsection (b) of this Code section and in paragraph (1) of this subsection. The judge's decision as to the allocation of the tax proceeds shall adopt the best and final offer of one of the parties under subparagraphs (B) and (C) of this paragraph but shall also include findings of fact. The judge shall enter a final order containing a new distribution certificate and transmit a copy of it to the FRIDAY, APRIL 3, 2009 4161 commissioner. Appeal shall be by application and the decision of the judge shall be disturbed only for the judge's disregard of the law, for partiality of the judge, or for corruption, fraud, or misconduct by the judge or a party. (4) If the renegotiated certificate provided for in paragraph (1) of this subsection is not received by the commissioner by the required date, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31 of the second year following the year in which the decennial census is conducted and the tax shall not be levied in the special district after such date unless the reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. When the imposition of the tax is so terminated, the commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified municipalities within the special district until the commissioner receives a certificate in behalf of each such governing authority specifying the percentage of the proceeds which each such governing authority shall receive. If no such certificate is received by the commissioner within 120 days of the date on which the authority to levy the tax was terminated, the proceeds shall escheat to the state and the commissioner shall transfer the proceeds to the state's general fund the commissioner shall continue to distribute the sales tax proceeds according to the percentages specified in the existing certificate or in accordance with subsection (f) of Code Section 48-8-89.1, as applicable, until a new certificate is properly filed. (5) If the commissioner receives the a renegotiated certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the directions of the renegotiated certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated or the first day of the second calendar month following the month such certificate was renegotiated, whichever is sooner. (6) Costs of any conflict resolution under paragraph (3) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the tax as reflected by the renegotiated certificate or as otherwise ordered by the court. (7) All distribution certificates on file with the commissioner on July 1, 1994, which were not renegotiated in accordance with the 1990 decennial census figures or renegotiated on or after January 1, 1992, shall expire on December 31, 1995. Renegotiations with respect to such certificates shall be commenced in accordance with the requirements of this subsection on or before July 1, 1994. If a renegotiated certificate is not received by the commissioner by July 1, 1995, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31, 1995, and the tax shall not be levied in the special district after that date unless reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. The commissioner shall retain and distribute the proceeds of such terminated tax in accordance with paragraph (4) of this subsection. (8) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States 4162 JOURNAL OF THE SENATE decennial census of 1990 shall receive a reduced percentage of distribution than presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality. This paragraph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subsequent renegotiations required by this subsection. (9)(7) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection. (8) Notwithstanding any other provision of this article to the contrary, the imposition of this tax shall not terminate based on a failure to file a new or renegotiated certificate. (10)(9) No provision of this subsection shall apply to any county which is authorized to levy or which levies a local sales tax, local use tax, or local sales and use tax for educational purposes pursuant to a local constitutional amendment or to any county which is authorized to expend all or any portion of the proceeds of any sales tax, use tax, or sales and use tax for educational purposes pursuant to a local constitutional amendment." SECTION 1-2. Said chapter is further amended by revising subsection (d) of Code Section 48-8-89.1, relating to lapsing of said tax due to failure to file a new certificate, as follows: "(d) If a new certificate is not filed for any special district as required by this Code section, the authority to impose the tax authorized by Code Section 48-8-82 within that special district shall cease on the first day of January of the year following the year in which the required distribution certificate could last have been timely filed. In any special district in which the authority to impose the tax is terminated pursuant to this subsection, the tax may thereafter be reimposed only pursuant to the procedures specified in Code Sections 48-8-84 through 48-8-86 Reserved." SECTION 1-3. Said chapter is further amended by revising Code Section 48-8-92, relating to the referendum election on discontinuing imposition of said tax, as follows: "48-8-92. (a) Whenever the governing authority of any county or and the governing authorities of at least one-half of qualified municipality municipalities located wholly or partially within a special district in which the tax authorized by this article is being levied wishes wish to submit to the electors of the special district the question of whether the tax authorized by Code Section 48-8-82 shall be discontinued, the such governing authority authorities shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a joint resolution of the governing authority authorities calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the FRIDAY, APRIL 3, 2009 4163 election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the tax to the voters of the special district for approval or rejection. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the following: '( ) YES Shall the 1 percent retail sales and use tax being levied within the ( ) NO special district within ____________ County be terminated?' (b) All persons desiring to vote in favor of discontinuing the tax shall vote 'Yes,' and all persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the tax, then the tax shall cease to be levied on the first day of the second calendar quarter following the month in which the commissioner receives the certification of the result of the election; otherwise, the tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be his such superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election." SECTION 1-4. Said chapter is further amended by revising subsection (b) of Code Section 48-8-6, relating to limitations on imposition of certain local taxes, by deleting "and" at the end of paragraph (3), by deleting the period at the end of paragraph (4) and replacing it with "; and", and by adding a new paragraph to read as follows: "(5) A sales and use tax levied under Article 5 of this chapter." SECTION 1-5. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 6 48-8-250. As used in this article, the term: (1) 'Cost of project' or 'project costs' means the cost of construction, including without limitation relocation or adjustments of utilities; the cost of all lands, 4164 JOURNAL OF THE SENATE properties, rights, easements, and franchises acquired; relocation expenses; the cost of all machinery and equipment necessary for the operation of the project, the cost of engineering, legal expenses, 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 construction of any project, the placing of the same in operation, or the maintenance and operation of the same. (2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution between a county and one or more qualified municipalities located within the special district containing a combined total of no less than 50 percent of the aggregate municipal population located within the special district. Such an agreement shall include the elements specified in subparagraphs (b)(1)(A) through (b)(1)(H) of Code Section 48-8-115. (4) 'Project' means existing or future land public transportation systems, including without limitation: (A) one or more roads or bridges or a system of roads, bridges, and tunnels or maintenance and operations thereof, with access limited or unlimited, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; and (B) any program for mass public transportation or mass public transportation facilities or maintenance and operations thereof and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities. (5) 'Qualified municipality' has the same meaning as in paragraph (4) of Code Section 48-8-110. 48-8-251. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts. (b) When the imposition of a special district sales and use tax is authorized according to the procedures provided in this article within a special district, the governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the special district a special sales and use tax for a limited period of time which tax shall be known as the special district transportation projects and costs local option sales tax. (c) Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by FRIDAY, APRIL 3, 2009 4165 Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3. (d) No sales and use tax shall be levied in a special district under this article in which a tax is levied and collected under Article 2 of this chapter. 48-8-252. (a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this article, such governing authority shall enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district and shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the county. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each municipality are to meet to discuss the proposed tax levy. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, a county governing authority voting to impose the tax authorized by this article within the special district shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify the transportation projects and costs, separately identified by the county and by each qualified municipality expending proceeds of the tax, for which the proceeds of the tax are to be used and may be expended and specify: (1) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years; (2) The maximum cost of the transportation projects and costs which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and (3) If general obligation debt is to be issued in conjunction with the imposition of the tax, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is 4166 JOURNAL OF THE SENATE to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c)(1) If the tax is to be imposed and if no debt is to be issued, the ballot shall have written or printed thereon the following: '( ) YES Shall a special 1 percent sales and use tax be imposed in ___________ County for a period of time not to exceed ( ) NO _____________ and for the raising of not more than $_______ for the following transportation projects and costs: _____________?' (2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. (e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided FRIDAY, APRIL 3, 2009 4167 otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. 48-8-253. With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county. 48-8-254. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single 1 percent tax under this article may be imposed within a special district. (2) The governing authority of a county within a special district in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a county is unable to conduct a referendum so as to continue the tax then in effect without interruption, the commissioner may, if feasible administratively, waive the limitations 4168 JOURNAL OF THE SENATE of subsection (a) of this Code section to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, a county may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for initial imposition of such tax. 48-8-255. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. 48-8-256. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale. 48-8-257. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county within the special district for distribution pursuant to the terms of the intergovernmental agreement. 48-8-258. Where a local sales or use tax has been paid with respect to tangible personal property FRIDAY, APRIL 3, 2009 4169 by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county. 48-8-259. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. 48-8-260. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax. 48-8-261. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article. 48-8-262. Except as provided in Code Section 48-8-6 and subsection (d) of Code Section 48-8251, the tax authorized by this article shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6 and subsection (d) of Code Section 48-8-251, the imposition of any other local sales and use tax within a county shall not 4170 JOURNAL OF THE SENATE affect the authority of a county to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county. 48-8-263. (a)(1) The proceeds received from the tax authorized by this article shall be used by the county and qualified municipalities within the special district exclusively for the transportation projects and costs specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and qualified municipalities receiving proceeds of the tax and shall not in any manner be commingled with other funds of such county or qualified municipalities prior to the expenditure. (2) The governing authority of the county and the governing authority of each qualified municipality receiving any proceeds from the tax pursuant to a contract with the county shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (b) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. (c) The intergovernmental agreement and resolution or ordinance calling for imposition of the tax authorized by this article may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and resolution or ordinance so provide, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (d) The intergovernmental agreement and resolution or ordinance calling for the imposition of the tax authorized by this article may specify that a part of the proceeds of FRIDAY, APRIL 3, 2009 4171 the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and ordinance or resolution so provide, they shall specifically state the other purposes for which such proceeds will be used. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used. (f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the county as agent for the special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and costs stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such purpose or purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-253 by reason of denial of validation of debt, then all net proceeds received by the county as agent of the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county within the special district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes. 48-8-264. The governing authority of the county and the governing authority of each qualified municipality receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is 4172 JOURNAL OF THE SENATE not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the local government intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose." PART II SECTION 2-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Chapter 8, relating to sales and use taxes, by adding a new article to read as follows: "ARTICLE 5 48-8-220. This article shall be known and may be cited as the 'Regional Transportation Local Option Sales Tax Act.' 48-8-221. As used in this article, the term: (1) 'District' means the metropolitan transportation district and special transportation districts created in Code Sections 48-8-223 and 48-8-224. (2) 'Levy' means the district-wide sales and use tax authorized by Code Section 48-8222. (3) 'Qualified municipality' means a qualified municipality as defined in Code Section 48-8-110 situated wholly or partly within a district. (4) 'Transportation agency' means a Georgia department or authority authorized by general law to engage in activities relating to transportation projects or purposes. (5) 'Transportation project' or 'transportation purpose' means, without limitation, roads and bridges, freight and passenger rail, airports, public transit, buses, seaports, and all activities and structures useful and incident to providing, operating, and maintaining the same; provided, however, that 'transportation project' or 'transportation purpose' shall not include projects which are inconsistent with any state-wide strategic transportation plan adopted by the General Assembly. (6) 'Voting officials of the district' means the elected officials representing the county, counties, or qualified municipalities in a district. 48-8-222. (a) On or after January 1, 2011, a sales and use tax of up to 1 percent may be levied as provided in this article to fund transportation projects in a district. Except as to rate and except as otherwise provided in this article, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. FRIDAY, APRIL 3, 2009 4173 (b) A county shall be wholly within one transportation district. No county shall be divided among more than one district. The boundaries of the districts shall be otherwise as determined by the constituent counties. (c) After the formation of a special transportation district, but prior to the passage of the resolution calling for imposition of the tax authorized by this article, the governing authority of any county sharing a boundary with any county within a district may by resolution opt into such district. Prior to the county governing authority's vote to opt into the district, the county shall follow the procedures of paragraph (2) of subsection (a) of Code Section 48-8-224 for meeting with all of the qualified municipalities. In order to add the county to the district, the governing authorities of the counties within the district must concur. Not less than ten days prior to a vote on a resolution for such purpose, notice of the intention of a county to opt into the district shall be transmitted by the governing authority of such county to the metropolitan transportation district board if created pursuant to Code Section 48-8-223, to the governing authority of each qualified municipality within the county proposing to opt into the district, and to the governing authority of each other county within such district. (d) District projects undertaken pursuant to this article shall not be subject to review or approval by the Georgia Regional Transportation Authority. 48-8-223. (a) There is created within this state a metropolitan transportation district encompassing and being coterminous with the geographical area consisting of Cherokee, Cobb, Douglas, Fulton, DeKalb, Fayette, Clayton, Henry, Rockdale, and Gwinnett counties, which comprise the metropolitan area planning and development commission pursuant to Article 4 of Chapter 8 of Title 50. The management and supervision of such district shall be vested in a district board to consist of those members of the council of the metropolitan area planning and development commission as provided for by Code Section 50-8-84 holding elective public office, to serve during their service as members of the commission and until their successors are duly elected and qualified. (b) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects. (c) The metropolitan transportation district may authorize the levy provided for by this article as follows: (1) The district, in cooperation with its constituent counties and qualified municipalities and its designated transportation agency or agencies, shall propound by resolution a list of transportation projects to be funded by a district levy. Approval of such resolution shall require the affirmative vote of a majority of the voting members of the district. Such resolution shall include: (A) A list of the specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; 4174 JOURNAL OF THE SENATE (C) The rate of the levy; and (D) The maximum period of time, to be stated in calendar years, for which the levy may be imposed. (2) The district resolution provided for by paragraph (1) of this subsection shall be immediately transmitted to the governing authority of each county and qualified municipality within the district. Each such governing authority shall thereafter have 45 days from the date of such submission to vote to opt the county out of such district. A county shall opt out of the district upon: (A) The affirmative vote of the county governing authority on a resolution for such purpose; and (B) If there are one or more municipalities within the county whose area within the county contains more than 50 percent of the population of the county, the affirmative vote on resolutions for such purpose by the governing authorities of qualified municipalities representing more than 50 percent of the population of the county. Only the vote described in subparagraph (A) of this paragraph shall be required for the opt-out if the county is not described in subparagraph (B) of this paragraph. For a county described in subparagraph (B) of this paragraph, the votes described in subparagraphs (A) and (B) of this paragraph shall be required for the opt-out. All measurements of population for purposes of this paragraph shall be according to the United States decennial census of 2000 or any future such census. Notice of the opting out of a county shall be immediately transmitted by the governing authority of such county to the governing authority of each other county within the district, to the governing authority of each qualified municipality within the county, and to the governing authority of each county sharing a border with any county within the district; (3) Upon any county opting out of a district pursuant to paragraph (2) of this subsection, any remaining constituent county shall have 30 days from the expiration of the 45 day period provided for in paragraph (2) of this subsection to opt out of such district by the same mechanism and with the same notice provided for in paragraph (2) of this subsection; (4) Those counties that do not opt out of a district within the time limits prescribed in this subsection and those which opt in pursuant to the provisions subsection (c) of Code Section 48-8-222 shall thereafter constitute the special transportation district. The voting officials of the district shall be reconstituted to include, pursuant to subsection (c) of Code Section 48-8-222, only the elected officials of those counties and qualified municipalities included in the special transportation district; (5) The voting officials of the district as reconstituted pursuant to paragraph (4) of this subsection shall meet as soon as practicable after the reconstitution of the district. The district in cooperation with its constituent counties and qualified municipalities and the designated transportation agency or agencies may revise by resolution the list of transportation projects, if necessary or advisable, to remove or amend any project planned for an area no longer within the district and to add or amend any project for an area that was added to the district; and (6) As soon as practicable after the expiration of the time for removal of counties FRIDAY, APRIL 3, 2009 4175 from a district and after any revision of such resolution after the removal of any counties from the district, the voting officials of the district may by a majority vote submit to electors of the district the transportation project list and the question of whether the levy provided for by this article should be approved. 48-8-224. (a)(1) Special transportation districts not encompassing any part of the metropolitan transportation district created pursuant to Code Section 48-8-223 may be created by the governing authorities of two or more contiguous counties or by the governing authority of a single county. (2) Prior to the issuance of the call for the referendum required by subsection (d) of this Code section, the county or counties that desire to levy a tax under this article within the special transportation district created pursuant to this Code section shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. (b)(1) Following the meeting required by paragraph (2) of subsection (a) of this Code section, the governing authority or authorities of the county or counties within the district may enter into an intergovernmental agreement with each other and with one or more qualified municipalities within the district containing a combined total of no less than 50 percent of the aggregate municipal population located within the district. (2) At a minimum, the intergovernmental agreement authorized by paragraph (1) of this subsection shall include the following: (A) A list of the projects and proposals qualifying as transportation purposes proposed to be funded from the levy; (B) The estimated or projected dollar amounts allocated for each project from proceeds from the levy authorized by this article; (C) The procedures for distributing proceeds from the levy authorized by this article to qualified municipalities; (D) A schedule for distributing proceeds from the levy authorized by this article to qualified municipalities which shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all transportation projects included in the agreement shall be funded from proceeds from the levy authorized by this article except as otherwise agreed; (F) A provision that proceeds from the levy authorized by this article shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article; and 4176 JOURNAL OF THE SENATE (H) Such other provisions as the county, counties, and participating municipalities choose to address. (c)(1) Following the commencement of negotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which reflects a good faith effort to resolve the dispute. Any negotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (2) of this subsection. If the parties fail to reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, any party necessary to an agreement may file a petition in superior court of the county seeking resolution of the items remaining 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 county and qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district shall separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from the county and one from qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district. The offer from the county may be an offer representing the county and any municipalities that are not represented in the offer from the qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district. The visiting or senior judge shall conduct such hearings as the judge deems necessary and shall render a decision based on, but not limited to, the criteria in paragraph (2) of this subsection. The judge's decision on the allocation of the levy proceeds shall adopt the best and final offer of one of the parties but shall also include findings of fact. The judge shall enter a final order containing a distribution certificate and transmit a copy of it to the commissioner of revenue. Appeal shall be by application and the decision of the judge shall be altered only for the judge's disregard of the law, for partiality of the judge, or for corruption, fraud, or misconduct by the judge or a party. (2) The judge's decision on the allocation of the levy proceeds shall be based upon, but not be limited to, the following criteria: (A) Assurance of future trip reliability and competitive travel times; (B) Navigation around metropolitan area congestion; (C) Connection of major freight origins and destinations; (D) Creation of limited access facilities for trucks connecting other origins and destinations; (E) Creation of new capacity for freight rail; (F) Addressing of major bottlenecks; (G) Improvement or grade separation of major at-grade rail crossings; FRIDAY, APRIL 3, 2009 4177 (H) Expansion of access to jobs and linkage of labor markets; (I) Implementation of current transportation plans; (J) Creation of a high-speed or commuter rail network; (K) Enhancement of public mass transit operations and capacity; (L) Maintenance and improvement of existing roads and bridges; and (M) Each jurisdiction's mileage of public roads and vehicle mileage traveled as determined by the Georgia Department of Transportation. (3) Costs of any conflict resolution under paragraph (1) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the levy as reflected by the renegotiated certificate or as otherwise ordered by the court. (d)(1) As soon as practicable after the meeting between the governing authorities of the county, counties, and qualified cities and the execution of an intergovernmental agreement, if applicable, the governing authorities of the counties of the district may by a majority vote on a resolution offered for such purpose submit the project list and the question of whether the levy provided for by this article should be approved to electors of the district in an election called for such purpose and shall notify each county election superintendent within the district by forwarding to the superintendent a copy of such resolution calling for the imposition of the levy. (2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; and (C) The maximum period of time, to be stated in calendar years, for which the levy may be levied and the rate thereof. (e) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects. 48-8-225. (a) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the levy shall correspond generally to the procedures provided for by Part 1 of Article 3 of this chapter, except that the project or proposal list provided for by Code Sections 48-8-223 and 48-8-224, or a digest thereof, shall be available during regular business hours in the office of the county clerk of each county that has authorized the levy. (b) The ballot submitting the question of the imposition of the levy authorized by this article to the voters within the special district shall have written or printed thereon the following: '( ) YES Shall a special ___ percent sales and use tax be imposed in the special transportation district consisting of _______County (or Counties) for a ( ) NO period of time not to exceed _______ and for the raising of not more 4178 JOURNAL OF THE SENATE than an estimated amount of $_______ for the purpose of transportation?' (c) The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the levy shall vote 'Yes' and all persons opposed to imposing the levy shall vote 'No.' If more than one-half of the votes cast throughout the entire district are in favor of imposing the levy, then the levy shall be imposed as provided in this article. (d) Where such question is not approved by the voters, the county or counties of the district may resubmit such question from time to time and may amend such project or proposal list or digest thereof. Proceedings for the reimposition of such levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (e) Whenever the levy is authorized pursuant to the provisions of this article, the counties within the approving district shall levy a sales and use tax as provided for by this article, to be collected as provided by law. 48-8-226. The proceeds of a levy authorized by this article shall be transferred to a trust fund maintained on behalf of the district by the metropolitan district board if created pursuant to Code Section 48-8-223 or by one of the counties that created the district, a regional commission, or some other public body agreed to by the county or counties that created the district if the district was created pursuant to Code Section 48-8-224. Such proceeds are to be expended as provided for by this article and shall be used exclusively for the purpose or purposes specified in the resolution calling for imposition of the levy and shall not be commingled in any manner with any other funds held or received by any county, municipality, or metropolitan district board. 48-8-227. Upon request of the metropolitan district board, if the district was created pursuant to Code Section 48-8-223, or upon request of the county or counties that created the district, if the district was created pursuant to Code Section 48-8-224, the district transportation agency or agencies and the Department of Community Affairs shall cooperate with the district and its constituent counties and qualifying municipalities, and upon request of such parties shall be responsible for designing, planning, and contracting for the construction of the projects. 48-8-228. Nothing in this article shall be construed to prohibit counties and municipalities located in a district from imposing as additional taxes local sales and use taxes otherwise authorized by general law. FRIDAY, APRIL 3, 2009 4179 48-8-229. The levy authorized by this article shall not be imposed in any jurisdiction the electors of which were not eligible to vote in an election called to approve such levy. 48-8-230. The levy authorized by this article shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing. 48-8-231. (a) The levy provided for by this article shall only be levied on the first $5,000.00 of any transaction regarding a motor vehicle, watercraft, or aircraft. (b) The levy provided for by this article 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, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, '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. 48-8-232. Except as otherwise specifically provided in this article, the levy authorized by this article shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that such levy shall be levied on the sale of food or beverages as provided for in paragraph (57) of Code Section 48-8-3. 48-8-233. (a) A record of projects on which levy proceeds are used shall be maintained by each county and municipality receiving proceeds from the levy authorized by this article, and a report shall prepared not later than December 31 of each year. Such record and report shall conform to the requirements of Code Section 48-8-122. (b) The Department of Transportation shall conduct continuing studies and monitoring the status of economic parity throughout the State of Georgia for the contracting of transportation projects with particular emphasis on its procurement practices." SECTION 2-2. Said title is further amended by revising subsection (b) of Code Section 48-8-6, relating to limitations on imposition of certain local taxes, by deleting "and" at the end of paragraph (3), by deleting the period at the end of paragraph (4) and replacing it with "; 4180 JOURNAL OF THE SENATE and", and by adding a new paragraph to read as follows: "(5) A sales and use tax levied under Article 5 of this chapter." PART III SECTION 3-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new chapter to read as follows: "CHAPTER 8A 48-8A-1. Notwithstanding any provision of law to the contrary, any metropolitan rapid transit authority created by local constitutional amendment shall be authorized to expand and use proceeds of the tax levied pursuant to such local constitutional amendment and implementing laws as provided in this chapter. 48-8A-2. (a) The proceeds of any metropolitan rapid transit authority tax levied pursuant to local constitutional amendment and implementing laws shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with such metropolitan rapid transit authority as contemplated in the local constitutional amendment and implementing laws. For the period beginning on the effective date of this Code section, there shall be no restriction on the use of the proceeds of the tax. The board of the metropolitan rapid transit authority shall file with the applicable metropolitan rapid transit overview committee annually, the original and 14 copies of a report of the findings of a completed management performance audit of the authority's current operations, which audit was performed under contract with and at the expense of the authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the metropolitan rapid transit authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary. Commencing on the effective date of this Code section and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system. (b) Any limitation contained in such implementing laws to the contrary notwithstanding, the board of such authority may, in its sole discretion, and for any fiscal year commencing July 1, 2009, or thereafter, use any interest earned on any selfinsurance reserve established pursuant to such implementing laws to pay the operating costs of the system." FRIDAY, APRIL 3, 2009 4181 PART IV SECTION 4-1. 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 Part II of 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, 2010, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following: "( ) YES Shall the Regional Transportation Local Option Sales Tax be approved ( ) NO which allows a regional local option sales tax of up to 1 percent to be used to fund transportation projects within the region from which the funds are collected?" All persons desiring to vote for approval of Part II of the Act shall vote "Yes," and all persons desiring to vote for rejection of Part II of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Part II of the Act, then Part II of this Act shall become effective on January 1, 2011. If Part II of this Act is not so approved or if the election is not conducted as provided in this section, Part II of this Act shall not become effective and Part II of this Act and this part shall be automatically repealed on the first day of January immediately following that election date. PART V SECTION 5-1. (a) Sections 1-1 through 1-3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1-4 of this Act shall become effective on January 1, 2011. (c) Part II of this Act shall only become effective as provided in Part III of this Act. (d) Parts III and IV of this Act and this part shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5-2. 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 Rogers et al. substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute. 4182 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 Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 51, nays 1. HB 56, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 163. By Senators Balfour of the 9th, Harbison of the 15th, Thomas of the 54th and Orrock of the 36th: 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 authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the department to serve as the central repository of diabetes treatment and prevention data; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the FRIDAY, APRIL 3, 2009 4183 Department of Human Resources, so as to authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the Division of Public Health of the department to serve as the central repository of diabetes treatment and prevention data; 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 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by adding a new Code section to read as follows: "31-2-10. The commissioner is authorized to appoint a diabetes coordinator within the Division of Public Health of the department to coordinate with other state departments and agencies to ensure that all programs that impact the prevention and treatment of diabetes are coordinated, that duplication of efforts are minimized, and that the impact of such programs is maximized in an attempt to reduce the health consequences and complications of diabetes in Georgia. The Division of Public Health of the department shall serve as the central repository for this state's departments and agencies for data related to the prevention and treatment of diabetes." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Balfour of the 9th asked unanimous consent that the Senate disagree to the House substitute to SB 163. The consent was granted, and the Senate disagreed to the House substitute to SB 163. The following bill was taken up to consider House action thereto: SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: 4184 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, county boards of equalization, and appeals of ad valorem tax assessments, so as to revise and change certain procedures relative to the appeal of assessments for ad valorem tax purposes; 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 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, county boards of equalization, and appeals of ad valorem tax assessments, is amended in subsection (f) by adding new paragraphs to read as follows: "(4) For any dispute involving the value of real property, at the option of the taxpayer, an appeal may be submitted to binding arbitration in accordance with this paragraph: (A) Following an election by the taxpayer to use the binding arbitration provisions of this subsection, a binding arbitration appeal shall be effected by the taxpayer filing a written notice of arbitration with the county board of tax assessors. The notice of arbitration shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments, the time for filing the notice of appeal shall be 30 days. Prior to appointment of the arbitrator and within 30 days of filing the notice of appeal, the taxpayer shall provide a copy of the value certified by a professional real estate appraiser as classified by the Georgia Real Estate Appraisers Board as specified in this paragraph to the board of assessors for consideration. If, within 30 days of receiving the taxpayer's certified appraisal, the board of assessors accepts the taxpayer's appraisal, that value shall become final. If the county board of tax assessors rejects the taxpayer's appraisal, the county board of tax assessors shall certify within 30 days the appeal to the clerk of the superior court along with any other papers specified by the person seeking arbitration, including, but not limited to, the staff information from the file used by the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of filing the certification to the clerk of the superior court, the judge shall issue an order authorizing the arbitration; and (B) The arbitration shall be conducted pursuant to the following procedure: (i) If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. If the parties cannot agree on the single arbitrator, the arbitrator FRIDAY, APRIL 3, 2009 4185 shall be chosen by the chief judge of the superior court of the circuit in which the property is located; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a State Certified General Property Appraiser pursuant to the rules and regulations of the Georgia Real Estate Appraisers Board and shall have experience or expertise in appraising the type of property that is the subject of the arbitration; (iii) The arbitrator, within 30 days after his or her appointment, shall set a time and place to hear evidence and testimony from both parties. He or she shall provide written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. The arbitrator may adjourn or postpone the hearing. The chief judge of the superior court of the circuit in which the property is located may direct the arbitrator to proceed promptly with the hearing and the determination of the appeal upon application of any party; (iv) At the hearing, the parties shall be entitled to be heard, to present documents, testimony, and other matters, and to cross-examine witnesses. The arbitrator may hear and determine the controversy upon the documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear; (v) The arbitrator shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrator or any party to the proceeding may have the proceedings transcribed by a court reporter; (vi) The provisions of this paragraph may be waived at any time by written consent of the taxpayer and the board of tax assessors; (vii) Within 30 days of the date of the hearing, the arbitrator shall render a decision regarding the value of the property subject to arbitration; (viii) In order to determine the value, the arbitrator shall consider a single value for the property submitted by the board of assessors and a single value submitted by the taxpayer. The taxpayer shall be responsible for the cost of any appraisal by the taxpayer's appraiser; (ix) Upon consideration of the single value submitted by the board of assessors and the single value submitted by the taxpayer, and evidence supporting the values submitted by the board of assessors and the taxpayer, the arbitrator shall determine which value is the value for the property under appeal; (x) If the taxpayer's value is determined by the arbitrator to be the value, the county shall be responsible for the fees and costs of such arbitrator. If the board of tax assessors' value is determined by the arbitrator to be the value, the taxpayer shall be responsible for the fees and costs of such arbitrator; and (xi) The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. (5) The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation established or rendered by any arbitrator or board of arbitration. (6) If the county's tax bills are issued before an arbitrator or board of arbitration has rendered its decision on property which is on appeal, the county board of tax assessors 4186 JOURNAL OF THE SENATE shall specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. This amount shall be the basis for a temporary tax bill to be issued. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued." SECTION 2. Said Code section is further amended by revising subsection (g) as follow: "(g) Appeals to the superior court. (1) The taxpayer or, except as otherwise provided in this paragraph and except for a determination of value by an arbitrator pursuant to paragraph (4) of subsection (f) of this Code section, the county board of tax assessors may appeal decisions of the county board of equalization, the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may shall not appeal a decision of the county board of equalization or arbitrator or board of arbitration, as applicable, other than an arbitration pursuant to paragraph (4) of subsection (f) of this Code section changing an assessment by 15 20 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal, and, within ten days of receipt of the notice, the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this paragraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(D) of this Code section or within 30 days from the date on which the arbitration decision is rendered pursuant to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the FRIDAY, APRIL 3, 2009 4187 taxpayer or and his or her attorney or agent of record, if any, with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the taxpayer is unreasonable and authorize the determination of the final value of the property. (4)(A) The appeal shall be heard before a jury at the first term following the filing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 30 days following the date on which the appeal is filed with the clerk of the superior court. The time of any hearing shall be set in consultation with the taxpayer and at a time acceptable to the taxpayer between the hours of 8:00 A.M. and 7:00 P.M. on a business day. (B)(i) The county board of tax assessors shall use the valuation of the county board of equalization or the arbitrator or arbitrators, as applicable, in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. (ii) If the final determination of value on appeal is 80 percent or less of the valuation set by the county board of equalization as to commercial property, or 85 percent or less of the valuation set by the county board of tax assessors as to other property, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action. This division shall not apply when the property owner has failed to return for taxation the property that is under appeal. (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 4188 JOURNAL OF THE SENATE the additional taxes are remitted, but in no event shall 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 taxpayer's homestead property." SECTION 3. 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 property tax appeals submitted to arbitration or appealed to superior court on or after that date. SECTION 4. 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 240 as amended by the following amendment: Senator Rogers of the 21st offered the following amendment: Amend the House substitute to SB 240 by striking lines 1 through 5 and inserting in their place the following: To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the modernization and revision of certain provisions regarding ad valorem taxes; to revise and change certain procedures relative to the appeal of assessments for ad valorem tax purposes; to change the deadline for filing for forest land conservation use assessment; to change certain provisions regarding collection of costs, commissions, interest, and penalties; to provide for execution costs; to change certain provisions regarding notification of changes made to a taxpayer's return; to provide for additional tax return filing requirements for public utilities; to provide for related matters; to provide effective dates and applicability; to repeal conflicting laws; and for other purposes. By striking lines 8 through 10 and inserting in their place the following: Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in subsection (f) of Code Section 48-5-311, relating to county boards of tax assessors, county boards of equalization, and appeals of ad valorem tax assessments, by adding new paragraphs to read as follows: By striking line 85 and inserting in its place the following: Said chapter is further amended in said Code section by revising subsection (g) as follows: By inserting between lines 161 and 162 the following: SECTION 2A. FRIDAY, APRIL 3, 2009 4189 Said chapter is further amended by revising paragraph (1) of subsection (j) of Code Section 48-5-7.7, relating to forest land conservation use assessment, as follows: "(j)(1) For the taxable year beginning January 1, 2009, all 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 June 1 of 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. For each taxable year beginning on or after January 1, 2010, 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 clerk's 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 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." SECTION 2B. Said chapter is further amended by revising subsection (c) of Code Section 48-5-161, relating to issuance of tax executions, as follows: "(c)(1) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall enter the amount collected including all costs, 4190 JOURNAL OF THE SENATE commissions, interest, and penalties as provided by law on the execution. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his or her execution docket and file the execution in his or her office. (2)(A) As used in this paragraph, the term 'costs' includes, but is not limited to, title examination expenses, certified mail expenses, reasonable attorney's fees, or other such necessary research expenses. (B) Once a levy is made or posted on the property of an execution is issued against a delinquent or defaulting taxpayer, the sheriff or ex officio sheriff shall collect, in addition to any other costs, commissions, interest, and penalties, the actual expenses incurred by the county in issuing the execution and administering the levy by imposing a levy administration fee which shall be 5 percent of the delinquent tax or $250.00, whichever is the lesser. Regardless of any other provision of this paragraph, however, no such levy administration fee shall be less than $50.00. (3) The levy administration fee provided by paragraph (2) of this subsection shall likewise be charged and collected when the execution is enforced through garnishment as provided for in Code Section 48-3-12." SECTION 2C. Said chapter is further amended by revising subsection (a) of Code Section 48-5-306, relating to notice of changes made in taxpayer's return, posting notice, and new assessment description, as follows: "(a) Method of giving notice to taxpayer of changes made in such taxpayer's return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the board any taxpayer has omitted from such taxpayer's returns any property that should be returned or has failed to return any of such taxpayer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only such taxpayer's proportionate share of taxes. When any such corrections, changes, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any changes made in such taxpayer's returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as first-class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered 'Return in five days to' the above return address, and the lower left FRIDAY, APRIL 3, 2009 4191 corner of the mailing face shall be clearly marked in bold type -- 'OFFICIAL TAX MATTER.' face of the mailing envelope and with the United States Postal Service endorsement 'Return Service Requested' and the words 'Official Tax Matter' clearly printed in boldface type in a location which meets United States Postal Service regulations." SECTION 2D. Said chapter is further amended by revising subsection (b) of Code Section 48-5-511, relating to returns of public utilities to commissioner, as follows: "(b) The returns of each public utility shall be in writing and sworn to under oath by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued as far as practicable and shall be taxed like all other property under the laws of this state. The returns shall also include the capital stock, net annual profits, gross receipts, business, or income (gross, annual, net, or any other kind) for which the public utility is subject to taxation by the laws of this state. Each parcel of real estate included in the return shall be identified by its street address. If the commissioner is unable to locate the property by its street address after exercising due diligence in attempting to locate the property, then the commissioner may request more information from the taxpayer to help identify the exact location of the property. Such additional information may include a map or parcel identification information." By inserting "Sections 1 and 2 of this Act" between "and" and "shall" on line 164. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 4192 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Powell Y Ramsey Y Reed Y Wiles Williams On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 240 as amended by the Senate. At 12:01 p.m. the President announced that the Senate would stand in recess until 1:00 p.m. At 1:00 p.m. Senator Hooks of the 14th 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 94. 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 that an insured under a group accident and sickness policy may include dependents up to age 25; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others: 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 a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 198. By Senators Tolleson of the 20th, Harp of the 29th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural FRIDAY, APRIL 3, 2009 4193 Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Cooper of the 41st, Wilkinson of the 52nd, and Lunsford of the 110th. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 149. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Moody of the 56th, Chance of the 16th and others: 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 revise the "Uniform Athlete Agents Act"; to provide for the regulation of athlete agents; to terminate the Georgia Athlete Agent Regulatory Commission; to provide for general powers and duties of the Secretary of State relating to the regulation of athlete agents; to require a certificate of registration to act as an athlete agent in this state; to provide requirements for agency contracts; to provide for cancellation of agency contracts by student athletes; to provide for civil penalties and civil causes of action; to provide for related matters; to repeal conflicting laws; and for other purposes. 4194 JOURNAL OF THE SENATE SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House adheres to its position in 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 Sims of the 169th: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Sims of the 169th, Dickson of the 6th, and Williams of the 4th. The House has disagreed to the Senate substitute to the following Bill of the House: HB 63. By Representative Ehrhart of the 36th: 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 requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 3, 2009 4195 Mr. President: The House has disagreed to the Senate substitutes to the following Bills of the House: HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 4196 JOURNAL OF THE SENATE 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 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Jacobs of the 80th, Ramsey of the 72nd, and Lane of the 167th. The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st 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 for a limited period of time for the purchase of one eligible single-family residence; 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 repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Stephens of the 164th, O`Neal of the 146th, and Peake of the 137th. 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 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official FRIDAY, APRIL 3, 2009 4197 Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Peake of the 137th, Carter of the 159th, and Ehrhart of the 36th. Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 318. By Representatives McCall of the 30th and Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; 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 278. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey 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 temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official 4198 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives McCall of the 30th, Roberts of the 154th, and England of the 108th. The House insists on its position in substituting the following Bill of the Senate: SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st: A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to provide for related matters; 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 830. By Representatives Neal of the 1st, Weldon of the 3rd and Dickson of the 6th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 841. By Representatives Knight of the 126th and Lunsford of the 110th: A BILL to be entitled an Act to create a joint county-municipal board of elections and registration for Butts County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of FRIDAY, APRIL 3, 2009 4199 certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the board's organization, powers, and duties; to provide for related matters; to provide an effective date; to repeal an Act approved April 6, 2004 (Ga. L. 2004, p. 3525); 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 791. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Collier Lauren McMullen; and for other purposes SR 792. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Madeline Francis Brown; and for other purposes. Senator Balfour of the 9th recognized Barbara Wade, commended by SR 780, adopted today. Barbara Wade addressed the Senate briefly. The following bill was taken up to consider House action thereto: HB 68. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Balfour of the 9th asked unanimous consent that the Senate adhere to its substitute to HB 68 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, Butterworth of the 50th and Shafer of the 48th. The following bill was taken up to consider House action thereto: HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official 4200 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Smith of the 52nd asked unanimous consent that the Senate adhere to its substitute to HB 457 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, Smith of the 52nd and Unterman of the 45th. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 69. By Representatives Jerguson of the 22nd, Cooper of the 41st, Channell of the 116th, Mitchell of the 88th and Kaiser of the 59th: A BILL to be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory ambiguity; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 184. By Representatives Frazier of the 123rd, Williams of the 89th, Amerson of the 9th, Nix of the 69th, Brooks of the 63rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 581. By Representatives Coan of the 101st, May of the 111th, Horne of the 71st, Marin of the 96th, Reese of the 98th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to FRIDAY, APRIL 3, 2009 4201 protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; 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 Bill of the House: HB 57. By Representatives Powell of the 29th and Rice of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 344. By Representatives Davis of the 109th, Barnard of the 166th, Jerguson of the 22nd and Horne of the 71st: A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize the Department of Corrections to establish and collect additional fees for services rendered to 4202 JOURNAL OF THE SENATE a felony defendant sentenced to a day reporting center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 371. By Representative Ehrhart of the 36th: 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 for an increase in allowable retirement system fund investment in equities to 75 percent; to change the definition of the term "large retirement system" for purposes of enhanced investment authority; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Bill of the House: HB 147. By Representatives Talton of the 145th, O`Neal of the 146th, Randall of the 138th, Lucas of the 139th and Everson of the 106th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to provide for related matters; 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 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 304. By Representatives Porter of the 143rd, Epps of the 140th, Franklin of the 43rd and Scott of the 2nd: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of FRIDAY, APRIL 3, 2009 4203 the Official Code of Georgia Annotated, relating to county taxation, so as to change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendments, as amended by the House, to the following Bill of the House: HB 485. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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. Senator Stoner of the 6th was excused for business outside the Senate Chamber. The following Senators were excused as conferees: Mullis of the 53rd Reed of the 35th Wiles of the 37th Senator Balfour of the 9th asked unanimous consent that HB 258, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 258 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 258, having been taken from the Table, was put upon its passage. HB 258. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; to provide for related matters; to provide for an effective date; 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 258: 4204 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow any person 15 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle to drive with the disabled person in the vehicle; to amend Code Section 405-24 of the Official Code of Georgia Annotated, relating to the issuance of instruction permits, so as to allow a holder of a valid instruction permit to drive with a disabled guardian or parent who has been issued an identification card containing the international handicapped symbol; 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 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, is amended by revising subsection (b) as follows: "(b)(1) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied by such visually impaired parent or guardian whenever operating a motor vehicle. (2) Notwithstanding the provisions of subsection (a) of this Code section, any person 15 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to physical impairment and has been issued an identification card containing the international handicapped symbol pursuant to Article 8 of this chapter may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this paragraph shall be accompanied whenever operating a motor vehicle by such physically impaired parent or guardian or by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. The department shall require satisfactory proof that the physically impaired parent or guardian previously held a valid driver's license in the State of Georgia, another state, or the District of Columbia before issuing an instructional permit pursuant to this paragraph." SECTION 2. Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to the issuance FRIDAY, APRIL 3, 2009 4205 of instruction permits, is amended by revising paragraph (1) of subsection (a) as follows: "(a)(1)(A) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, any person holding a valid Class C instructional permit may drive a Class C motor vehicle when accompanied by a disabled parent or guardian who has been issued an identification card containing the international handicapped symbol pursuant to Article 8 of this chapter." SECTION 3. This Act shall become effective on July 1, 2009. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Cowsert of the 46th, Murphy of the 27th and Thomas of the 54th offered the following amendment #1 to the committee substitute: Amend the Senate Public Safety Committee substitute to HB 258 by inserting after the semicolon on line 7 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 after line 52 the following: SECTION 2.1. 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, and sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or farm vehicles as defined in Code Section 40-2-150 being used by an owner, driver, or occupant 18 years of age or older but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, 4206 JOURNAL OF THE SENATE 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." By striking on line 54 the word "July" and inserting in lieu thereof the word "June". 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 39, nays 2, and the Cowsert 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey C Reed Y Rogers N Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber C Wiles Y Williams On the passage of the bill, the yeas were 44, nays 3. HB 258, having received the requisite constitutional majority, was passed by substitute. FRIDAY, APRIL 3, 2009 4207 The following bill was taken up to consider House action thereto: HB 63. By Representative Ehrhart of the 36th: 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 requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Balfour of the 9th asked unanimous consent that the Senate insist on its substitute to HB 63. The consent was granted, and the Senate insisted on its substitute to HB 63. Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table: HB 549. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; 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 consent was granted, and HB 549 was taken from the Table. Senator Heath of the 31st asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. The following bill was taken up to consider House action thereto: 4208 JOURNAL OF THE SENATE HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes. Senator Bulloch of the 11th asked unanimous consent that the Senate adhere to its amendment to HB 529 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, Heath of the 31st and Butterworth of the 50th. The following bill was taken up to consider House action thereto: HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; 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 substitute to HB 29 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Smith of the 52nd, Hamrick of the 30th and Cowsert of the 46th. The following Senators were excused for business outside the Senate Chamber: Johnson of the 1st Pearson of the 51st The following bill was taken up to consider House action thereto: SB 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others: 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 FRIDAY, APRIL 3, 2009 4209 causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; 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 change certain provisions relating to driver's license requirements; to change certain provisions relating to driving while license is suspended or revoked; to revise penalties for causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; to change provisions relating to pedestrians walking on or along a roadway; to increase the assessment fees for approved DUI Alcohol or Drug Use Reduction Programs; to authorize local governments by ordinance or resolution to authorize the operation of bicycles on sidewalks by certain persons within the jurisdiction of such local governments; 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 subsection (a) of Code Section 40-5-20, relating to driver's license requirement, 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 driver's 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 driver's license before operating a motor vehicle in this state. Any violation of this subsection shall be punished as provided in Code Section 40-5-121, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 or if such person produces in court a valid driver's license issued by this state to such person and valid at the time of such person's arrest, shall be punished as provided in Code Section 40-5-121 he or she shall not be guilty of such offenses. 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." 4210 JOURNAL OF THE SENATE SECTION 2. Said title is further 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 driver's license of any person who is convicted for a second or subsequent offense of violating Code Section 40-6-77 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, shall be suspended for 30 days. The person shall submit his or her driver's license to the court upon conviction and the court shall forward the driver's 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, the suspension shall terminate and the department shall return the person's driver's license to such person." SECTION 3. Said title is further amended by revising subsection (a) of Code Section 40-5-121, relating to driving while license suspended or revoked, as follows: "(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 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 with proof of a valid driver's 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 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 FRIDAY, APRIL 3, 2009 4211 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." SECTION 4. 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 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 the court shall report such conviction to the Department of Driver Services; 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 subsection 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 5. Said title is further amended by revising Code Section 40-6-96, relating to pedestrians walking on or along a roadway, as follows: 4212 JOURNAL OF THE SENATE "40-6-96. (a) As used in this Code section, the term 'pedestrian' means any person afoot and shall include, without limitation, persons standing, walking, jogging, running, or otherwise on foot. (b) Where a sidewalk is provided, it shall be unlawful for any pedestrian to walk stand or stride along and upon an adjacent roadway unless there is no motor vehicle traveling within 1,000 feet of such pedestrian on such roadway or the available sidewalk presents an imminent threat of bodily injury to such pedestrian. (b)(c) Where a sidewalk is not provided but a shoulder is available, any pedestrian walking standing or striding along and upon a highway shall walk stand or stride only on the shoulder, as far as practicable from the edge of the roadway. (c)(d) Where neither a sidewalk nor a shoulder is available, any pedestrian walking standing or striding along and upon a highway shall walk stand or stride as near as practicable to an outside edge of the roadway, and, if on a two-lane roadway, shall walk stand or stride only on the left side of the roadway. (d)(e) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway. (e)(f) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. (f)(g) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed." SECTION 6. Said title is further amended by revising subsection (e) of Code Section 40-5-83, relating to establishment and approval of driver clinics and programs, as follows: "(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 shall meet the certification criteria promulgated by the department through its standards and must shall 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 a fee of $75.00 $82.00 for the assessment component and $190.00 for the intervention component. An additional fee for required student program materials shall be established by the department 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 FRIDAY, APRIL 3, 2009 4213 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 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 shall be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00 $22.00, 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 7. Said title is further amended by revising Code Section 40-6-144, relating to emerging from alley, driveway, or building, as follows: "40-6-144. The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residential district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway or, in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. No Except as provided by resolution or ordinance of a local government for sidewalks within the jurisdiction of such local government authorizing the operation of bicycles on sidewalks by persons 12 years of age or younger, no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway." 4214 JOURNAL OF THE SENATE SECTION 8. This Act shall become effective on July 1, 2009. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Jackson of the 24th moved that the Senate agree to the House substitute to SB 196 as amended by the following amendment: Senator Jackson of the 24th offered the following amendment: Amend the house substitute to SB 196 by striking on line 24, "and valid at the time of such person's arrest" On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson,L Jackson,W E Johnson Jones Y Moody C Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey C Reed E Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber C 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 196 as amended by the Senate. The following communication was received by the Secretary: FRIDAY, APRIL 3, 2009 4215 Senator Bill Jackson District 24 319-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Economic Development Natural Resources and the Environment Transportation Education and Youth Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 4/3/09 Please record me as Yes on Senate amendment to House substitute to SB 196. /s/ Bill Jackson Senate District 24 The following bill was taken up to consider House action thereto: HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senator Chance of the 16th asked unanimous consent that the Senate insist on its substitute to HB 439. The consent was granted, and the Senate insisted on its substitute to HB 439. The following bill was taken up to consider House action thereto: SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay 4216 JOURNAL OF THE SENATE funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 178 by striking lines 1 through 69 and inserting in lieu thereof the following: 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 temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to develop programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for definitions; to provide for the development of focused programs of study; to provide for model programs for students at risk of dropping out of high school; to train school counselors and graduation coaches to provide for educational counseling and career awareness programs for students; to establish a reform grant program; to require local school systems which receive a reform grant to comply with certain requirements; to provide for high school completion rate goals in the state accountability system; 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 the inclusion of bilingual endorsements on high school transcripts; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising subsection (h) of Code Section 20-2-260, relating to capital outlay funds generally, as follows: "(h) A local school system may receive state capital outlay funds for one construction FRIDAY, APRIL 3, 2009 4217 project under the advance funding category to meet educational facilities needs due to the following: (1) Extraordinary growth of student population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding: (A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section; (C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met. This subsection shall be automatically repealed on June 30, 2011." SECTION 2. Said article is further amended in Code Section 20-2-260, relating to capital outlay funds generally, by adding a new paragraph to subsection (j) to read as follows: "(7) This subsection shall be automatically repealed on June 30, 2011." SECTION 3. Said article is further amended in Code Section 20-2-262, relating to low-wealth capital outlay grants to local school systems, by adding a new subsection to read as follows: "(e) This Code section shall be automatically repealed on June 30, 2011." SECTION 4. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing 4218 JOURNAL OF THE SENATE Section 1 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 21 of such Act in its entirety. SECTION 5. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 2 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 23 of such Act in its entirety. (3) An Act approved April 22, 1999 (Ga. L. 1999, p. 400), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: "SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2002." SECTION 6. Said article is further amended by revising Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, by adding a new subsection to read as follows: "(f)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to direct instructional costs, media center costs, and staff and professional development costs shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010." SECTION 7. Said article is further amended by revising Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows: "20-2-184.1. (a) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of FRIDAY, APRIL 3, 2009 4219 subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds. (b)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to additional days of instruction shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010." SECTION 8. Said article is further amended by adding a new part to read as follows: "Part 16 20-2-325. This part shall be known and may be cited as the 'Building Resourceful Individuals to Develop Georgia's Economy Act.' 20-2-326. For purposes of this part, the term: (1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) 'Career academy' means a specialized charter school established by a partnership between one or more local boards of education and a technical school or college and 4220 JOURNAL OF THE SENATE approved by the State Board of Education in accordance with Article 31 of this chapter or the Georgia Charter Schools Commission in accordance with Article 31A of this chapter. This term also includes a small learning community where a student receives academic instruction at his or her assigned high school combined with work based learning opportunities at an industry center or technical school or college. (3) 'Choice technical high school' means a high school, other than the high school to which a student is assigned by virtue of his or her residence and attendance zone, which is designed to prepare a high school student for postsecondary education and for employment in a career field. A choice technical high school may be operated by a local school system or a technical school or college. A choice technical high school may also be operated as a charter school under a governance board composed of parents, employers, and representatives from the local board of education. (4) 'Chronically low-performing high school' means a public high school in this state with a graduation rate less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data or that has not made adequate yearly progress for three consecutive years, as defined by the Office of Student Achievement. (5) 'Focused program of study' means a rigorous academic core combined with either a focus in mathematics and science; a focus in humanities, fine arts, and foreign language; or a coherent sequence of career pathway courses that is aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, that prepares a student for postsecondary education or immediate employment after high school graduation, and that is in accordance with the requirements of paragraph (1) of Code Section 20-2328. (6) 'Graduation plan' means a student specific plan developed in accordance with paragraph (7) of subsection (a) of Code Section 20-2-327 detailing the courses necessary for a high school student to graduate from high school and to successfully transition to postsecondary education and the work force. (7) 'Industry certification' means a process of program evaluation that ensures that individual programs meet industry standards in the areas of curriculum, teacher qualification, lab specifications, equipment, and industry involvement. (8) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (9) 'Small learning community' means an autonomous or semiautonomous small learning environment within a large high school which is made up of a subset of students and teachers for a two, three, or four-year period. The goal of a small learning community is to achieve greater personalization of learning with each community led by a principal or instructional leader. A small learning community blends academic studies around a broad career or academic theme where teachers have common planning time to connect teacher assignments and assessments to FRIDAY, APRIL 3, 2009 4221 college and career readiness standards. Students voluntarily apply for enrollment in a small learning community but must be accepted and such enrollment must be approved by the student's parent or guardian. A small learning community also includes a career academy organized around a specific career theme which integrates academic and career instruction, provides work-based learning opportunities, and prepares students for postsecondary education and employment, with support through partnerships with local employers, community organizations, and postsecondary institutions. (10) 'Technical school or college' means a school, college, institution, or other branch of the Technical College System of Georgia. 20-2-327. (a)(1) The Department of Education shall develop focused programs of study in high demand, high skill, and high wage academic and career fields in accordance with a phase-in schedule as determined by the state board. (2) Focused programs of study may include, but are not limited to: (A) Aerospace; (B) Health care and elderly care; (C) Agribusiness; (D) Life science; (E) Energy and environmental; (F) Logistics and transportation; (G) Information and technology; (H) Teacher education training; (I) Technology and engineering; (J) Science and mathematics; and (K) Humanities and fine arts. (3) The department shall include in the focused programs of study the flexibility for a student to pursue courses at the school of attendance, at a technical school or college, at a public college or university, at a work site under an apprenticeship cooperative education program, and at other settings approved by the State Board of Education, as appropriate. (4) For each focused program of study identified pursuant to this subsection, the department shall convene a committee which includes high school teachers; school counselors; representatives from the Board of Regents of the University System of Georgia, the Technical College System of Georgia, the Governor's Office of Workforce Development, and employers; and others as deemed appropriate by the department. These committees shall develop and recommend a focused program of study which blends academic and technical content developed around college and career readiness standards with real world problems and projects for students. Recommendations shall include state-wide articulation and dual enrollment courses between local school systems and postsecondary institutions to provide seamless pathways for adequately prepared high school students to move directly into 4222 JOURNAL OF THE SENATE postsecondary education. The committees shall develop measures to certify equivalency in content and rigor for all state-wide articulation and dual enrollment courses and shall follow related policies and procedures established by the Department of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education for awarding articulation and dual enrollment credit which shall be based on students qualifying to enroll in credit bearing postsecondary courses. (5) Student performance at the advanced proficiency/honors level on any assessments required for purposes of high school graduation shall be recognized as: (1) meeting postsecondary entrance test requirements, and (2) qualifying students to enroll in credit-bearing postsecondary course work in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (6) Secondary and postsecondary credit shall be awarded immediately upon successful completion of any articulated or dual enrollment course in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (7) Beginning with the 2009-2010 school year, students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest inventories, and information to assist them in evaluating their academic skills and career interests. Before the end of the second semester of the eighth grade, students shall select a preferred focused program of study and develop an individual graduation plan in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment. An individual graduation plan shall: (A) Include rigorous academic core subjects and focused course work in mathematics and science or in humanities, fine arts, and foreign language or sequenced career pathway course work; (B) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (C) Align educational and broad career goals and a student's course of study; (D) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (E) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (F) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (G) Be flexible to allow change in the course of study but be sufficiently structured FRIDAY, APRIL 3, 2009 4223 to meet graduation requirements and qualify the student for admission to postsecondary education; and (H) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (8) The Department of Education shall provide training for school counselors and graduation coaches about high demand, high skill, and high wage opportunities for bachelor's degrees, associate's degrees, and certificates, how a combination of rigorous academic and technical courses can prepare students for these fields, and how to organize a teacher adviser system that engages teachers in working with a core group of students and their parents or guardians in setting goals, identifying individual programs of study, and establishing individual graduation plans to achieve those goals. The plan shall include strategies for school counselors, graduation coaches, and teacher advisers to effectively involve parents or guardians in the educational and career guidance process and in the development of individual graduation plans. Upon request by any local school system, training may be given to school counselors and graduation coaches in any middle or high school. (9) No later than July 1, 2011, the State Board of Education, in collaboration with the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall establish a process for certifying all focused programs of study receiving state funds by using national certifying agencies where they exist and developing state industry-certifying panels in career pathways where no national certifying agency exists. The certification process shall, at a minimum, validate that a program of study curriculum meets industry standards where applicable, that its teachers hold current industry certification where applicable, and that its facilities, equipment, and software are adequate to teach the curriculum. (b)(1) The State Board of Education shall develop an evidence based model program for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) of this Code section for addressing at-risk students, which shall include various programs and curricula proven to be effective for at-risk students focusing on: (A) Identification of students at risk for being poorly prepared for the next grade level or for dropping out of school; (B) Strengthening retention of ninth grade students in school and reducing high failure rates; (C) Improving more student performance to grade level standards in reading and mathematics by the end of ninth grade; (D) Assisting students and their parents or guardians in setting an outcome career and educational goal and identifying a focused program of study to achieve such goal; and (E) Assisting students in learning and applying study skills, coping skills, and other habits that produce successful students and adults. (2) The at-risk model program shall include: (A) Diagnostic assessments to identify strengths and weaknesses in the core academic areas; 4224 JOURNAL OF THE SENATE (B) A process for identifying these students, closely monitored by the Department of Education in collaboration with local school systems to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented; and (C) An evaluation component in each high school to ensure the programs are providing students an opportunity to graduate with a high school diploma. (3) The at-risk model program may include various components designed to result in more students facilitating a successful start in high school and passing ninth grade such as: (A) Utilizing a flexible schedule that increases students' time in core language arts/reading and mathematics studies designed to eliminate academic deficiencies; (B) Maintaining a student-teacher ratio in ninth grade that is no higher than any other grade level ratio in high school; (C) Utilizing experienced and effective teachers as leaders for teacher teams in ninth grade to improve instructional planning, delivery, and re-teaching strategies; (D) Assigning students to a teacher mentor who will meet with them frequently to provide planned lessons on study skills and other habits of success that help students become independent learners and who will help them receive the assistance they need to successfully pass ninth grade; and (E) Including ninth grade career courses which incorporate a series of miniprojects throughout the school year that require the application of ninth grade level reading, mathematics, and science skills to complete while students learn to use a range of technology and help students explore a range of educational and career options that will assist them in formulating post high school goals and give them a reason to stay in school and work toward achieving their stated goals. (c) No later than July 1, 2010, the State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) of this Code section to make the high schools more relevant to and effective for all students. Such rules shall encourage high schools to implement a comprehensive school reform research based model that focuses on: (1) Setting high expectations for all students; (2) Personalizing graduation plans for students; (3) Developing small learning communities or career academies with a rigorous academic foundation and emphasis in broad career fields of study; (4) Using project based instruction embedded with strong academics to improve relevancy in learning; (5) Fostering collaboration among academic and career/technical teachers; (6) Implementing nontraditional scheduling in ninth grade for students behind in their grade level; (7) Promoting parental involvement; and (8) Training teachers to work with low-performing students and their parents or guardians. (d) Subject to appropriations by the General Assembly, the State Board of Education FRIDAY, APRIL 3, 2009 4225 shall establish a competitive grant program for local school systems to implement school reform measures in selected high schools pursuant to this part. The state board shall establish program requirements in accordance with the provisions of this part and shall establish grant criteria, which shall include that priority for reform grants shall be given to chronically low-performing high schools. 20-2-328. High schools that receive a reform grant pursuant to subsection (d) of Code Section 202-327 shall: (1) Provide focused programs of study which are designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and selfdiscipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life. The focused programs of study, whether provided at a choice technical high school, a career academy, a traditional high school, or on site at a technical school or college or a public college or university, shall be aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, which shall include, at a minimum, four years of mathematics, Algebra I and higher, and four years of English, with an emphasis on developing reading and writing skills to meet college and career readiness standards; (2) Implement a teacher adviser system where an individual professional educator in the school assists a small group of students and their parents or guardians throughout the students' high school careers to set postsecondary goals and help them prepare programs of study, utilizing assessments and other data to track academic progress on a regular basis; communicates frequently with parents or guardians; and provides advisement, support, and encouragement as needed; (3) Provide students in the ninth through twelfth grades information on educational programs offered in high school, in technical and community colleges, in colleges and universities, and through apprenticeship programs and how these programs can lead to a variety of career fields. Local school systems shall provide opportunities for field trips, speakers, educational and career information centers, job shadowing, and classroom centers to assist students and their parents or guardians, with guidance from school counselors and teacher advisers, in revising, if appropriate, the individual graduation plan developed pursuant to paragraph (7) of subsection (a) of Code Section 20-2-327; (4) Enroll students no later than ninth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career which will include a structured program of academic study with in-depth studies in: (A) Mathematics and science; (B) Humanities, fine arts, and foreign language; or (C) A career pathway that leads to passing an employer certification exam in a high demand, high skill, or high wage career field or to an associate's degree or 4226 JOURNAL OF THE SENATE bachelor's degree. The awarding of a special education diploma to any disabled student who has not completed all of the requirements for a high school diploma, but who has completed his or her Individualized Education Program (IEP) shall be deemed to meet the requirements of this paragraph; (5) Implement the at-risk model program developed by the State Board of Education pursuant to paragraph (1) of subsection (b) of Code Section 20-2-327; (6) Comply with the rules and regulations promulgated by the State Board of Education for chronically low-performing high schools pursuant to subsection (c) of Code Section 20-2-327; and (7) Schedule annual conferences to assist parents or guardians and their children in setting educational and career goals and creating individual graduation plans beginning with students in the eighth grade and continuing through high school. These conferences shall include, but are not limited to, assisting the student in identifying educational and career interests and goals, selecting a career and academic focus area, and developing an individual graduation plan. 20-2-329. No later than July 1, 2010, the Office of Student Achievement shall include in the accountability system provided for in Part 3 of Article 2 of Chapter 14 of this title emphasis on improving student achievement and increasing high school graduation rates, with the goal of having all public high schools in Georgia reach at least a 90 percent high school completion rate, which shall include completion by the end of the summer following a student's senior year, by July 1, 2020, with annual incremental targets. 20-2-329.1. (a) An individual graduation plan shall be reviewed annually, and revised, if appropriate, upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (b) An individual graduation plan may be changed at any time throughout a student's high school career upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. 20-2-329.2. The State Board of Education shall promulgate rules and regulations necessary to carry out the provisions of this part. 20-2-329.3. It is the intent of the General Assembly that it is strongly discouraged that this part be waived by the State Board of Education pursuant to Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065." FRIDAY, APRIL 3, 2009 4227 SECTION 9. Said article is further amended in Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by adding a new subsection to read as follows: "(q) The State Board of Education shall consider the passage by a student of an employer or industry certification examination or a state licensure examination which is approved by the State Board of Education when considering whether to grant such student a variance for one or more portions of the high school graduation test required by the State Board of Education pursuant to subsection (a) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test at least three times." SECTION 10. Said article is further amended by adding a new Code section to read as follows: "20-2-151.3. (a) No later than July 1, 2011, the State Board of Education shall establish requirements for the inclusion of bilingual endorsements on the high school transcripts of graduating seniors who receive a passing grade on an approved test to demonstrate bilingual skills. (b) Local boards of education shall indicate that a student has received a bilingual endorsement on the transcript of any such student who has received a passing grade on a test approved by the State Board of Education pursuant to subsection (a) of this Code section." SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Senator Moody of the 56th asked unanimous consent that the Senate disagree to the House amendment to SB 178. The consent was granted, and the Senate disagreed to the House amendment to SB 178. The following bill was taken up to consider House action thereto: HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so 4228 JOURNAL OF THE SENATE as to change certain provisions relating to bar examination fees; 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 insist on its substitute to HB 283. The consent was granted, and the Senate insisted on its substitute to HB 283. The President assumed the Chair. The following legislation, having been removed from the Table earlier today, was read the third time and put upon its passage: HB 549. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; 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 Special Judiciary Committee offered the following substitute to HB 549: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide transmittal of information to the Secretary of State regarding jurors who declare themselves as not being a citizen of the United States; to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; to provide for related matters to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by revising Code Section 21-2-231, relating to monthly FRIDAY, APRIL 3, 2009 4229 transmittal of information to the Secretary of State and removal of persons from the list of electors, as follows: "21-2-231. (a) 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 that county. The Secretary of 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. (a.1) 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 identify themselves as not being citizens of the United States during their qualification to serve as a juror during the preceding calendar month in that county. (b) The judge of the probate 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 declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) Upon receipt of the lists described in subsections (a), (a.1), and (b) of this Code section and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove all such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. (d) 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. 4230 JOURNAL OF THE SENATE (e) Upon receipt of the lists described in subsection (d) of this Code section, the Secretary of State or his or her designated agent shall remove all such names of deceased persons from the list of electors and shall notify the registrar in the county where the deceased person was domiciled at the time of his or her death. (f) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the county governing authority for whom the registrars are acting to a fine by the State Election Board." SECTION 2. Article 1 of 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 and furnishing of information on licensees, by revising paragraph (7) of subsection (f) as follows: "(7) The lists required to be made available to boards of jury commissioners and the Administrative Office of the Courts pursuant to Code Section 15-12-40 regarding county residents who are the holders of drivers' licenses or personal identification cards issued pursuant to this chapter. Such lists shall identify each such person by name, address, date of birth, gender, driver's license or personal identification card number issued pursuant to the provisions of this chapter, and gender, and, whenever racial and ethnic information is collected by the department for purposes of voter registration pursuant to Code Section 21-2-221, by racial or ethnic group the department shall also provide such information. The department shall also provide the address, effective date, document issue date, document expiration date, and the date of the most recent conviction on department records regarding such person, and shall indicate whether the document is a driver's license or a personal identification card." SECTION 3. Section 1 of this Act shall become effective on January 1, 2010. The remaining sections of this Act shall become effective upon approval by the Governor or upon becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Cowsert of the 46th, Murphy of the 27th and Thomas of the 54th offered the following amendment #1 to the committee substitute: Amend the Senate Special Judiciary Committee substitute to HB 549 (LC 36 1442S) by striking lines 6 and 7 and inserting in lieu thereof the following: Services may provide for purposes of creating juror lists; to amend Code Section 40-876.1 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 FRIDAY, APRIL 3, 2009 4231 belts; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By renumbering Section 4 as Section 5. By striking lines 79 through 81 and inserting in lieu thereof the following: Code Section 40-8-76.1, 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, and sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or farm vehicles as defined in Code Section 40-2-150 being used by an owner, driver, or occupant 18 years of age or older." SECTION 4. Section 1 of this Act shall become effective on January 1, 2010. Section 3 of this Act shall become effective on June 1, 2009. The remaining sections of this Act shall become effective upon approval by the Governor or upon becoming law without such approval. On the adoption of the amendment, the President asked for unanimous consent. Senator Heath of the 31st objected. Senator Seabaugh of the 28th requested a ruling of the Chair as to the germaneness of the Cowsert et al. amendment #1 to the committee substitute. The President ruled the Cowsert et al. amendment #1 to the committee substitute not germane. Senator Cowsert of the 46th offered the following amendment #2 to the committee substitute: Amend the House Committee on Rules substitute to HB 549 (LC 29 3801S) by striking lines 75 and 76 and inserting in lieu thereof the following: and document expiration date and shall indicate whether the document is a driver's On the adoption of the amendment, there were no objections, and the Cowsert amendment #2 to the committee substitute was adopted. 4232 JOURNAL OF THE SENATE 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 Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson N Jones Y Moody C Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey C Reed Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver N Tate Y Thomas Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber C Wiles Y Williams On the passage of the bill, the yeas were 42, nays 6. HB 549, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that FRIDAY, APRIL 3, 2009 4233 are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Tolleson of the 20th asked unanimous consent that the Senate insist on its substitute to HB 169. The consent was granted, and the Senate insisted on its substitute to HB 169. The following bill was taken up to consider House action thereto: SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; 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 revise provisions relating to ethics and campaign finance; to change provisions relating to the powers and duties of the State Ethics Commission; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to prohibitions against campaign contributions by regulated entities to their elected regulators; to revise provisions relating to contributions by officers and employees of regulated entities; to require disclosure report identification of contributions by officers and employees; to prohibit elected regulators from soliciting contributions from officers and employees; to change certain provisions regarding filing campaign disclosure reports and financial disclosure reports; to eliminate duplicate copy filing of certain disclosure reports with county election superintendents; to provide that electronic filing shall constitute an affirmation that a report is true, complete, and correct and that no written affirmation shall be required for electronic filings; to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to provide for certain reports with respect to members failing to file tax returns or in default on tax payments; 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: 4234 JOURNAL OF THE SENATE SECTION 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended in Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, by revising paragraphs (7) and (8) of subsection (a) as follows: "(7) To adopt in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such rules and regulations as are necessary to carry out the purposes of specifically authorized in this chapter; and (8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the powers granted specifically authorized to it in this chapter." SECTION 2. Said chapter is further amended in Code Section 21-5-30.1, relating to prohibited contributions by regulated entities to elected executive officers or candidates, by revising subsection (d) as follows: "(d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by a regulated entity, including a person in whose name a license or lease is held, or who is an officer of a regulated entity from voluntarily making a campaign contribution from that person's personal funds to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate; provided, however, that: (1) The elected executive officer or candidate receiving one or more campaign contributions described in this subsection shall in his or her disclosure report under Code Section 21-5-34 separately identify each contribution and the total of contributions which he or she knows or should have reason to know are described in this subsection; (2) It shall be unlawful and a violation of this Code section for any regulated entity or other person elected executive officer to require another by coercive action to make any such contribution." SECTION 3. Said chapter is further amended in Code Section 21-5-34, relating to disclosure reports, by revising subparagraph (a)(1)(A) and the introductory language of subsection (e) 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 FRIDAY, APRIL 3, 2009 4235 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 candidate's campaign committee shall file such candidate's reports with the commission and a copy of such report with the election superintendent of the county of such candidate's residence." "(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons shall not be required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements:" SECTION 4. Said chapter is further amended in Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, by revising subsection (e) as follows: "(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the filer shall only submit to the commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed. The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct." SECTION 5. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates, by revising subsection (e) as follows: "(e) Where the financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are filed electronically, the public officer, as that term is defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, shall file a notarized affidavit certifying that the electronic filing is correct and no paper copy of the financial disclosure statement shall be required to be filed. The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct." SECTION 6. Said chapter is further amended by revising Code Section 21-5-51, relating to verification of financial disclosure statements, and Code Section 21-5-52, relating to mail filing of financial disclosure statements, as follows: 4236 JOURNAL OF THE SENATE "21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths, unless filed electronically in which case the electronic filing shall constitute an affirmation that the statement is true, complete, and correct. 21-5-52. (a) The mailing of the notarized financial disclosure affidavit by United States mail, with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie proof of filing when the disclosure statement is not filed electronically. (b) It shall be the duty of the commission or any other officer or body which receives for filing any document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due." SECTION 7. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, is amended by adding a new Code section to read as follows: "28-1-8. (a) The state revenue commissioner shall be required to report to the chairperson of the Senate Ethics Committee the name of any Senator who has not filed a Georgia personal income tax return required by law to be filed by the Senator or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. The state revenue commissioner shall be required to report to the chairperson of the House Committee on Ethics the name of any Representative who has not filed a Georgia personal income tax return required by law to be filed by the Representative or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. (b) The state revenue commissioner shall give written notice by registered or certified mail, return receipt requested, or statutory overnight delivery of any report under this Code section to the member of the General Assembly who is to be named at least 30 days prior to making such report. (c) Upon receipt of a report under this Code section, the chairperson of the committee to whom the report is made shall undertake an appropriate investigation of the matter and report the findings of the investigation to the presiding officer of his or her chamber. (d) Nothing in this Code section shall apply with respect to a tax return for which the taxpayer has timely applied for and received an unexpired extension of time to file. (e) The provisions of this Code section shall control over the provisions of Code Section 48-7-60 or any other law relating to confidential treatment of state income tax return information." FRIDAY, APRIL 3, 2009 4237 SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th asked unanimous consent that the Senate disagree to the House substitute to SB 168. The consent was granted, and the Senate disagreed to the House substitute to SB 168. The following bill was taken up to consider House action thereto: HB 318. By Representatives McCall of the 30th and Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Chance of the 16th asked unanimous consent that the Senate insist on its substitute to HB 318. The consent was granted, and the Senate insisted on its substitute to HB 318. The following bill was taken up to consider House action thereto: HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st 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 for a limited period of time for the purchase of one eligible single-family residence; 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 repeal conflicting laws; and for other purposes. Senator Pearson of the 51st asked unanimous consent that the Senate adhere to its amendments to HB 261 and that a Conference Committee be appointed. 4238 JOURNAL OF THE SENATE The consent was granted, and the President appointed as a Conference Committee the following Senators: Chance of the 16th, Rogers of the 21st and Pearson of the 51st. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Golden of the 8th Hooks of the 14th Senator Balfour of the 9th asked unanimous consent that HB 16, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 16 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 16, having been taken from the Table, was put upon its passage. HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. The Senate Special Judiciary Committee offered the following substitute to HB 16: A BILL TO BE ENTITLED AN ACT To amend Titles 16 and 17 of the Official Code of Georgia Annotated, relating to crimes and offenses and criminal procedure, respectively, so as to regulate the use of tracking devices; to prohibit the tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for the issuance of search warrants authorizing the installation, use, and removal of tracking devices subject to certain conditions; to provide for a definition; to provide for installation and use of tracking devices in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 3, 2009 4239 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 adding a new Code section to read as follows: "16-11-62.1. (a) As used in this Code section, the term 'tracking device' means any device that reveals its location or movement by the transmission of electronic signals. (b) Except as otherwise provided in this Code section, no person shall use a tracking device to determine the location or movement of another person without such other person's consent. (c) Official law enforcement agencies shall be specifically authorized to use tracking devices pursuant to Code Section 17-5-22.1. (d) This Code section shall not apply: (1) When the owner or lienholder of a vehicle has consented to the use of a tracking device with respect to such vehicle; (2) When the lessor or lessee of a vehicle and the person operating such vehicle have consented to the use of a tracking device with respect to such vehicle; (3) To official actions of an official law enforcement agency acting in a law enforcement capacity; (4) To actions of United States military law enforcement personnel in the performance of their official duties; (5) To actions of a parent, legal guardian, or person in loco parentis with respect to determining the location or movement of a child or other person with whom such parent, legal guardian, or person in loco parentis has such legal relationship; (6) To actions of a family member or caregiver with respect to determining the location or movement of a patient or family member with a diagnosis by a licensed physician of Alzheimer's disease, vascular dementia, Pick's disease, Creutzfeldt-Jakob disease, Parkinson's disease, or Lewy body dementia; (7) To actions of a facility licensed pursuant to Title 31 with respect to determining the location or movement of a patient when such device is deemed medically necessary by the patient's physician; (8) To actions of a private detective who is licensed pursuant to Chapter 38 of Title 43 while in the performance of duties that are authorized for such detective; or (9) To the provision of a commercial service, such as mobile telephone service or vehicle safety or security service, which allows the provider of such service to determine the location or movement of a device provided to a customer of such commercial service for the purpose of providing such commercial service. (e) Notwithstanding subsection (d) of this Code section, no person shall be required to be implanted with a tracking device pursuant to this Code section. (f) Any person violating this Code section shall upon conviction be guilty of a misdemeanor; provided, however, that it shall not be a violation of this Code section to use a tracking device to determine the location or movement of another person without 4240 JOURNAL OF THE SENATE such other person's consent if such person is an occupant of a vehicle where use of such tracking device is permissible according to the provisions of subsection (d) of this Code section." SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new Code section to read as follows: "17-5-22.1. (a) As used in this Code section, the term 'tracking device' means an electronic or mechanical device which, when placed or installed upon a person or object, permits other persons to remotely determine or track the position and movement of such person or object, but the term shall not include: (1) Devices, such as a cellular telephone or other personal electronic device, which include as an incidental feature the capability of determining the location of such devices by utilizing a global positioning satellite system; or (2) Devices which are installed or utilized with the knowledge and consent of the owner or user of the device or, in the case of a minor, with the knowledge and consent of his or her parent or guardian. (b) Upon the written application of any certified peace officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws and otherwise as authorized in Code Section 17-5-20 under oath or affirmation, a judge of any court in this state authorized to issue search warrants pursuant to Code Section 175-21 may issue a search warrant authorizing the installation, use, and removal of a tracking device subject to the following conditions: (1) The application shall be made before a judge of the superior court with the authority to issue warrants within the geographic jurisdiction where such tracking device is to be installed; (2) The application shall set forth facts sufficient to establish probable cause to believe that a particular crime has been committed, is being committed, or will be committed and that the person or object to be tracked is involved, was involved, or will be involved in the commission or facilitation of such crime; (3) The application shall set forth facts sufficient to establish probable cause to believe that the use of a tracking device will result in the prevention of a criminal offense under investigation, the seizure of evidence relevant to the investigation or prosecution of a criminal offense, or the whereabouts of a fugitive from justice or a suspect, victim, or witness relating to a criminal offense; (4) The application shall particularly describe the person or object upon which a tracking device is to be installed; (5) A tracking device authorized by this Code section shall be installed within ten days after the issuance of the warrant and shall be installed within the geographic jurisdiction of the issuing judge. If the tracking device is not installed within that time, the warrant shall be returned to the issuing judge as unserved. The date and time of installation shall be recorded and included in the return made to the issuing FRIDAY, APRIL 3, 2009 4241 judge; (6)(A) A search warrant issued pursuant to this Code section shall authorize the use of a tracking device for a reasonable period of time, not to exceed 45 days, except as provided in subparagraph (B) of this paragraph, measured from the date such tracking device is installed upon the person or object to be tracked. (B) Upon written application for extension and upon a finding of good cause, the issuing judge may authorize one or more extensions for a reasonable period of time, not to exceed 45 days each; (7) When the period of time authorized for the use of a tracking device or the last extension thereof has expired, monitoring of such tracking device shall be discontinued immediately; (8) Within ten days after the period of time authorized for the use of a tracking device or the last extension thereof has expired, the officer executing the warrant shall make a return thereof to the issuing judge. The return shall specify the date and time such tracking device was installed and the address or location of installation of such tracking device, the date and time that monitoring was discontinued, and a general summary of the movements of the object or person tracked during the duration of the surveillance; (9) Within ten days after the period of time authorized for the use of a tracking device or the last extension thereof has expired, the officer executing a search warrant issued pursuant to this Code section shall serve a copy of such warrant on the person who was tracked or whose property was tracked. Service shall be accomplished by delivering a copy to such person or by leaving a copy at such person's residence or usual place of abode with an individual of suitable age and discretion who resides at that location or by mailing a copy to such person's last known address. Upon the request of the state or the officer executing the warrant, the issuing judge may delay notice for a reasonable time; provided, however, that where such notice is delayed, such notice shall be served no later than ten days after issuance of an arrest warrant, indictment, or accusation based wholly or in part upon information derived from the use of a tracking device; (10) A tracking device installed and used under the authority of a warrant issued pursuant to this Code section may be used within the jurisdiction of the issuing court as well as outside such jurisdiction if such tracking device was installed within the jurisdiction of the issuing court; and (11) The warrant and any extension thereof, the application upon which the warrant and extensions, if any, were issued, the affidavit supporting the warrant and extensions, if any, the return, and any request for and order granting a delay in the serving of notice shall be filed with the clerk of the court of the issuing judge, or with the court if so ordered, at the time the return is made or when the warrant has been returned not executed; provided, however, that the issuing judge may order that such documents be sealed while an investigation remains ongoing until such time that an arrest warrant, indictment, or accusation based wholly or in part upon information derived from the use of the tracking device is issued. 4242 JOURNAL OF THE SENATE (c)(1) Any investigative or law enforcement officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who reasonably determines that: (A) An emergency situation exists that involves: (i) Immediate danger of death or serious bodily injury to any person; or (ii) Conspiratorial activities characteristic of organized crime that requires the installation and use of a tracking device before an order authorizing such installation and use can, with due diligence, be obtained; and (B) There are grounds upon which a search warrant pursuant to subsection (b) of this Code section could be issued to authorize such installation and use, may have installed and use a tracking device if, within 48 hours of the time the tracking device is installed, an order approving the installation or use is issued in accordance with subsection (b) of this Code section. (2) In the event that an application for a search warrant made pursuant to this subsection is granted, then the tracking device shall be installed and used in accordance with the provisions of subsection (b) of this Code section. (3) In the event that an application for a search warrant made pursuant to this subsection is denied or in any event where the installation or use of the tracking device is terminated without a search warrant having been issued, any tracking information or other surveillance effected pursuant to this subsection shall be confidential and shall not be disclosed or be admissible in any court of this state except to prove violations of this Code section." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to conduct on and after that date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Hill of the 32nd and Hamrick of the 30th offered the following amendment #1 to the committee substitute: Amend the committee substitute LC 38 0929S to HB 16 by striking lines 40 and 41 and renumbering accordingly, and add "or" at the end of line 39 Senator Hill of the 32nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hill, Hamrick amendment #1 to the committee substitute was withdrawn. Senator Smith of the 52nd offered the following amendment #2 to the committee substitute: FRIDAY, APRIL 3, 2009 4243 Amend the committee substitute (LC 38 0929S) to HB 16 by adding at the end of line 45, the following: ", provided that the customer receives actual notice in writing of the existence and use of such device and consents to its use by placing his or her initials adjacent to such notice." Senator Smith of the 52nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Smith amendment #2 to the committee substitute was withdrawn. Senator Hill of the 32nd offered the following amendment #3 to the committee substitute: Amend the Senate Special Judiciary Committee substitute to HB 16 (LC 38 0929S) by inserting after "detective" on line 41 "in connection with pending, active civil litigation, provided that any information or data obtained as a result of the use of such a tracking device by such private detective shall be confidential and shall not be disclosed to any person other than the judge and the parties involved in such litigation and their attorneys except upon order of the court in which such litigation is pending, shall be subject to discovery by any party to the litigation, and, upon the termination of the litigation, shall be immediately destroyed". Senator Hill of the 32nd offered the following amendment #3a to amendment #3 to the committee substitute: Amend amendment # 3 LC 38 0929S AM 28 0983 to HB 16 by striking "detective" on line 2 of the amendment and inserting "destroyed" on line 2 of amendment # 3 AM 28 0983 On the adoption of the amendment, there were no objections, and the Hill of the 32nd amendment #3a to amendment #3 to the committee substitute was adopted. On the adoption of the amendment #3 as amended, the President asked for unanimous consent. Senator Wiles of the 37th objected. On the adoption of the amendment, the yeas were 30, nays 4, and the Hill of the 32nd amendment #3 to the committee substitute was adopted as amended. Senator Hill of the 32nd offered the following amendment #4 to the committee substitute: Amend the Senate Special Judiciary Committee substitute to HB 16 (LC 38 0929S) by inserting after "detective" on line 41 ", provided that such private detective first obtains 4244 JOURNAL OF THE SENATE an order authorizing the use of a tracking device from the superior court of the county in which the person who is the subject of the tracking device resides". On the adoption of the amendment, there were no objections, and the Hill of the 32nd amendment #4 to the committee substitute was adopted. Senators Hamrick of the 30th and Douglas of the 17th offered the following amendment #5 to the committee substitute: Amend the Senate Special Judiciary Committee substitute to HB 16 (LC 38 0929S) by inserting after "situations;" on line 7 "to transfer the responsibility for regulation of bingo games and issuance of bingo licenses from the Georgia Bureau of Investigation to the Department of Revenue;"; by redesignating Sections 2 through 4 as Sections 4 through 6, respectively; and by inserting after line 53 the following: SECTION 2. Said title is further amended by replacing "Director" with "Commissioner" and "director" with "commissioner" wherever the former word occurs in: (1) Code Section 16-12-51, relating to definitions pertaining to bingo; (2) Code Section 16-12-52, relating to license required to operate bingo game and recreational bingo exception; (3) Code Section 16-12-53, relating to bingo licensing procedures, fees, and renewals; (4) Code Section 16-12-54, relating to revocation of licenses and access to premises by law enforcement agencies; (5) Code Section 16-12-55, relating to certification of tax-exempt status of organization, issuance of certificate of licensure, and evidentiary nature of certificate; (6) Code Section 16-12-56, relating to issuance of annual one-day license to nonprofit, tax-exempt school and application; (7) Code Section 16-12-59, relating to annual report to be filed with the director; (8) Code Section 16-12-61, relating to promulgation of necessary rules and regulations by director authorized; and (9) Code Section 16-12-62, relating to penalties. SECTION 3. Said title is further amended by replacing "Georgia Bureau of Investigation" with "Department of Revenue" wherever the former words occur in: (1) Code Section 16-12-51, relating to definitions pertaining to bingo; and (2) Code Section 16-12-53, relating to bingo licensing procedures, fees, and renewals. On the adoption of the amendment, there were no objections, and the Hamrick, Douglas amendment #5 to the committee substitute was adopted. FRIDAY, APRIL 3, 2009 4245 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 Buckner Y Bulloch N Butler Y Butterworth E Chance N Chapman Y Cowsert Y Crosby 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 E Hooks Y Hudgens Y Jackson,L N Jackson,W Y Johnson Y Jones Y Moody Y Mullis N Murphy N Orrock Y Pearson N Powell Y Ramsey C Reed E Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner N Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 39, nays 10. HB 16, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 278. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey 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 temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. 4246 JOURNAL OF THE SENATE The House amendment to the Senate substitute was as follows: Amend HB 278 by striking lines 8 through 12 and inserting in lieu thereof the following: to prohibit certain actions by local school superintendents; to temporarily waive certain expenditure By inserting after "grants;" on line 21 the following: to enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to develop programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for definitions; to provide for the development of focused programs of study; to provide for model programs for students at risk of dropping out of high school; to train school counselors and graduation coaches to provide for educational counseling and career awareness programs for students; to establish a reform grant program; to require local school systems which receive a reform grant to comply with certain requirements; to provide for high school completion rate goals in the state accountability system; 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 the inclusion of bilingual endorsements on high school transcripts; to provide for legislative intent; By striking lines 95 through 140 and inserting in lieu thereof "Reserved." By striking lines 142 through 151 and inserting in lieu thereof "Reserved." By inserting between lines 202 and 203 the following: SECTION 4A. Said chapter is further amended by adding a new part to read as follows: "Part 16 20-2-325. This part shall be known and may be cited as the 'Building Resourceful Individuals to Develop Georgia's Economy Act.' 20-2-326. For purposes of this part, the term: (1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) 'Career academy' means a specialized charter school established by a partnership between one or more local boards of education and a technical school or college and approved by the State Board of Education in accordance with Article 31 of this FRIDAY, APRIL 3, 2009 4247 chapter or the Georgia Charter Schools Commission in accordance with Article 31A of this chapter. This term also includes a small learning community where a student receives academic instruction at his or her assigned high school combined with work based learning opportunities at an industry center or technical school or college. (3) 'Choice technical high school' means a high school, other than the high school to which a student is assigned by virtue of his or her residence and attendance zone, which is designed to prepare a high school student for postsecondary education and for employment in a career field. A choice technical high school may be operated by a local school system or a technical school or college. A choice technical high school may also be operated as a charter school under a governance board composed of parents, employers, and representatives from the local board of education. (4) 'Chronically low-performing high school' means a public high school in this state with a graduation rate less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data or that has not made adequate yearly progress for three consecutive years, as defined by the Office of Student Achievement. (5) 'Focused program of study' means a rigorous academic core combined with either a focus in mathematics and science; a focus in humanities, fine arts, and foreign language; or a coherent sequence of career pathway courses that is aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, that prepares a student for postsecondary education or immediate employment after high school graduation, and that is in accordance with the requirements of paragraph (1) of Code Section 20-2328. (6) 'Graduation plan' means a student specific plan developed in accordance with paragraph (7) of subsection (a) of Code Section 20-2-327 detailing the courses necessary for a high school student to graduate from high school and to successfully transition to postsecondary education and the work force. (7) 'Industry certification' means a process of program evaluation that ensures that individual programs meet industry standards in the areas of curriculum, teacher qualification, lab specifications, equipment, and industry involvement. (8) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (9) 'Small learning community' means an autonomous or semiautonomous small learning environment within a large high school which is made up of a subset of students and teachers for a two, three, or four-year period. The goal of a small learning community is to achieve greater personalization of learning with each community led by a principal or instructional leader. A small learning community blends academic studies around a broad career or academic theme where teachers have common planning time to connect teacher assignments and assessments to college and career readiness standards. Students voluntarily apply for enrollment in a 4248 JOURNAL OF THE SENATE small learning community but must be accepted and such enrollment must be approved by the student's parent or guardian. A small learning community also includes a career academy organized around a specific career theme which integrates academic and career instruction, provides work-based learning opportunities, and prepares students for postsecondary education and employment, with support through partnerships with local employers, community organizations, and postsecondary institutions. (10) 'Technical school or college' means a school, college, institution, or other branch of the Technical College System of Georgia. 20-2-327. (a)(1) The Department of Education shall develop focused programs of study in high demand, high skill, and high wage academic and career fields in accordance with a phase-in schedule as determined by the state board. (2) Focused programs of study may include, but are not limited to: (A) Aerospace; (B) Health care and elderly care; (C) Agribusiness; (D) Life science; (E) Energy and environmental; (F) Logistics and transportation; (G) Information and technology; (H) Teacher education training; (I) Technology and engineering; (J) Science and mathematics; and (K) Humanities and fine arts. (3) The department shall include in the focused programs of study the flexibility for a student to pursue courses at the school of attendance, at a technical school or college, at a public college or university, at a work site under an apprenticeship cooperative education program, and at other settings approved by the State Board of Education, as appropriate. (4) For each focused program of study identified pursuant to this subsection, the department shall convene a committee which includes high school teachers; school counselors; representatives from the Board of Regents of the University System of Georgia, the Technical College System of Georgia, the Governor's Office of Workforce Development, and employers; and others as deemed appropriate by the department. These committees shall develop and recommend a focused program of study which blends academic and technical content developed around college and career readiness standards with real world problems and projects for students. Recommendations shall include state-wide articulation and dual enrollment courses between local school systems and postsecondary institutions to provide seamless pathways for adequately prepared high school students to move directly into postsecondary education. The committees shall develop measures to certify FRIDAY, APRIL 3, 2009 4249 equivalency in content and rigor for all state-wide articulation and dual enrollment courses and shall follow related policies and procedures established by the Department of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education for awarding articulation and dual enrollment credit which shall be based on students qualifying to enroll in credit bearing postsecondary courses. (5) Student performance at the advanced proficiency/honors level on any assessments required for purposes of high school graduation shall be recognized as: (1) meeting postsecondary entrance test requirements, and (2) qualifying students to enroll in credit-bearing postsecondary course work in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (6) Secondary and postsecondary credit shall be awarded immediately upon successful completion of any articulated or dual enrollment course in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (7) Beginning with the 2009-2010 school year, students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest inventories, and information to assist them in evaluating their academic skills and career interests. Before the end of the second semester of the eighth grade, students shall select a preferred focused program of study and develop an individual graduation plan in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment. An individual graduation plan shall: (A) Include rigorous academic core subjects and focused course work in mathematics and science or in humanities, fine arts, and foreign language or sequenced career pathway course work; (B) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (C) Align educational and broad career goals and a student's course of study; (D) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (E) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (F) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (G) Be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and qualify the student for admission to 4250 JOURNAL OF THE SENATE postsecondary education; and (H) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (8) The Department of Education shall provide training for school counselors and graduation coaches about high demand, high skill, and high wage opportunities for bachelor's degrees, associate's degrees, and certificates, how a combination of rigorous academic and technical courses can prepare students for these fields, and how to organize a teacher adviser system that engages teachers in working with a core group of students and their parents or guardians in setting goals, identifying individual programs of study, and establishing individual graduation plans to achieve those goals. The plan shall include strategies for school counselors, graduation coaches, and teacher advisers to effectively involve parents or guardians in the educational and career guidance process and in the development of individual graduation plans. Upon request by any local school system, training may be given to school counselors and graduation coaches in any middle or high school. (9) No later than July 1, 2011, the State Board of Education, in collaboration with the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall establish a process for certifying all focused programs of study receiving state funds by using national certifying agencies where they exist and developing state industry-certifying panels in career pathways where no national certifying agency exists. The certification process shall, at a minimum, validate that a program of study curriculum meets industry standards where applicable, that its teachers hold current industry certification where applicable, and that its facilities, equipment, and software are adequate to teach the curriculum. (b)(1) The State Board of Education shall develop an evidence based model program for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) of this Code section for addressing at-risk students, which shall include various programs and curricula proven to be effective for at-risk students focusing on: (A) Identification of students at risk for being poorly prepared for the next grade level or for dropping out of school; (B) Strengthening retention of ninth grade students in school and reducing high failure rates; (C) Improving more student performance to grade level standards in reading and mathematics by the end of ninth grade; (D) Assisting students and their parents or guardians in setting an outcome career and educational goal and identifying a focused program of study to achieve such goal; and (E) Assisting students in learning and applying study skills, coping skills, and other habits that produce successful students and adults. (2) The at-risk model program shall include: (A) Diagnostic assessments to identify strengths and weaknesses in the core academic areas; (B) A process for identifying these students, closely monitored by the Department FRIDAY, APRIL 3, 2009 4251 of Education in collaboration with local school systems to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented; and (C) An evaluation component in each high school to ensure the programs are providing students an opportunity to graduate with a high school diploma. (3) The at-risk model program may include various components designed to result in more students facilitating a successful start in high school and passing ninth grade such as: (A) Utilizing a flexible schedule that increases students' time in core language arts/reading and mathematics studies designed to eliminate academic deficiencies; (B) Maintaining a student-teacher ratio in ninth grade that is no higher than any other grade level ratio in high school; (C) Utilizing experienced and effective teachers as leaders for teacher teams in ninth grade to improve instructional planning, delivery, and re-teaching strategies; (D) Assigning students to a teacher mentor who will meet with them frequently to provide planned lessons on study skills and other habits of success that help students become independent learners and who will help them receive the assistance they need to successfully pass ninth grade; and (E) Including ninth grade career courses which incorporate a series of miniprojects throughout the school year that require the application of ninth grade level reading, mathematics, and science skills to complete while students learn to use a range of technology and help students explore a range of educational and career options that will assist them in formulating post high school goals and give them a reason to stay in school and work toward achieving their stated goals. (c) No later than July 1, 2010, the State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) of this Code section to make the high schools more relevant to and effective for all students. Such rules shall encourage high schools to implement a comprehensive school reform research based model that focuses on: (1) Setting high expectations for all students; (2) Personalizing graduation plans for students; (3) Developing small learning communities or career academies with a rigorous academic foundation and emphasis in broad career fields of study; (4) Using project based instruction embedded with strong academics to improve relevancy in learning; (5) Fostering collaboration among academic and career/technical teachers; (6) Implementing nontraditional scheduling in ninth grade for students behind in their grade level; (7) Promoting parental involvement; and (8) Training teachers to work with low-performing students and their parents or guardians. (d) Subject to appropriations by the General Assembly, the State Board of Education shall establish a competitive grant program for local school systems to implement 4252 JOURNAL OF THE SENATE school reform measures in selected high schools pursuant to this part. The state board shall establish program requirements in accordance with the provisions of this part and shall establish grant criteria, which shall include that priority for reform grants shall be given to chronically low-performing high schools. 20-2-328. High schools that receive a reform grant pursuant to subsection (d) of Code Section 202-327 shall: (1) Provide focused programs of study which are designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and selfdiscipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life. The focused programs of study, whether provided at a choice technical high school, a career academy, a traditional high school, or on site at a technical school or college or a public college or university, shall be aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, which shall include, at a minimum, four years of mathematics, Algebra I and higher, and four years of English, with an emphasis on developing reading and writing skills to meet college and career readiness standards; (2) Implement a teacher adviser system where an individual professional educator in the school assists a small group of students and their parents or guardians throughout the students' high school careers to set postsecondary goals and help them prepare programs of study, utilizing assessments and other data to track academic progress on a regular basis; communicates frequently with parents or guardians; and provides advisement, support, and encouragement as needed; (3) Provide students in the ninth through twelfth grades information on educational programs offered in high school, in technical and community colleges, in colleges and universities, and through apprenticeship programs and how these programs can lead to a variety of career fields. Local school systems shall provide opportunities for field trips, speakers, educational and career information centers, job shadowing, and classroom centers to assist students and their parents or guardians, with guidance from school counselors and teacher advisers, in revising, if appropriate, the individual graduation plan developed pursuant to paragraph (7) of subsection (a) of Code Section 20-2-327; (4) Enroll students no later than ninth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career which will include a structured program of academic study with in-depth studies in: (A) Mathematics and science; (B) Humanities, fine arts, and foreign language; or (C) A career pathway that leads to passing an employer certification exam in a high demand, high skill, or high wage career field or to an associate's degree or bachelor's degree. FRIDAY, APRIL 3, 2009 4253 The awarding of a special education diploma to any disabled student who has not completed all of the requirements for a high school diploma, but who has completed his or her Individualized Education Program (IEP) shall be deemed to meet the requirements of this paragraph; (5) Implement the at-risk model program developed by the State Board of Education pursuant to paragraph (1) of subsection (b) of Code Section 20-2-327; (6) Comply with the rules and regulations promulgated by the State Board of Education for chronically low-performing high schools pursuant to subsection (c) of Code Section 20-2-327; and (7) Schedule annual conferences to assist parents or guardians and their children in setting educational and career goals and creating individual graduation plans beginning with students in the eighth grade and continuing through high school. These conferences shall include, but are not limited to, assisting the student in identifying educational and career interests and goals, selecting a career and academic focus area, and developing an individual graduation plan. 20-2-329. No later than July 1, 2010, the Office of Student Achievement shall include in the accountability system provided for in Part 3 of Article 2 of Chapter 14 of this title emphasis on improving student achievement and increasing high school graduation rates, with the goal of having all public high schools in Georgia reach at least a 90 percent high school completion rate, which shall include completion by the end of the summer following a student's senior year, by July 1, 2020, with annual incremental targets. 20-2-329.1. (a) An individual graduation plan shall be reviewed annually, and revised, if appropriate, upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (b) An individual graduation plan may be changed at any time throughout a student's high school career upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. 20-2-329.2. The State Board of Education shall promulgate rules and regulations necessary to carry out the provisions of this part. 20-2-329.3. It is the intent of the General Assembly that it is strongly discouraged that this part be waived by the State Board of Education pursuant to Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065." SECTION 4B. Said article is further amended in Code Section 20-2-281, relating to assessment of 4254 JOURNAL OF THE SENATE effectiveness of educational programs, by adding a new subsection to read as follows: "(q) The State Board of Education shall consider the passage by a student of an employer or industry certification examination or a state licensure examination which is approved by the State Board of Education when considering whether to grant such student a variance for one or more portions of the high school graduation test required by the State Board of Education pursuant to subsection (a) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test at least three times." SECTION 4C. Said article is further amended by adding a new Code section to read as follows: "20-2-151.3. (a) No later than July 1, 2011, the State Board of Education shall establish requirements for the inclusion of bilingual endorsements on the high school transcripts of graduating seniors who receive a passing grade on an approved test to demonstrate bilingual skills. (b) Local boards of education shall indicate that a student has received a bilingual endorsement on the transcript of any such student who has received a passing grade on a test approved by the State Board of Education pursuant to subsection (a) of this Code section." Senator Weber of the 40th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 278. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 278. Senator Balfour of the 9th asked unanimous consent that HB 575, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 575 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 575, having been taken from the Table, was put upon its passage. HB 575. By Representatives Golick of the 34th, Ramsey of the 72nd, Levitas of the 82nd, Bearden of the 68th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. FRIDAY, APRIL 3, 2009 4255 The Senate Judiciary Committee offered the following substitute to HB 575: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, is amended by revising Code Section 16-5-40, relating to kidnapping, as follows: "16-5-40. (a) A person commits the offense of kidnapping when he such person abducts or steals away any another person without lawful authority or warrant and holds such other person against his or her will. (b)(1) For the offense of kidnapping to occur, slight movement shall be sufficient; provided, however, that any such slight movement of another person which occurs while in the commission of any other offense shall not constitute the offense of kidnapping if such movement is merely incidental to such other offense. (2) Movement shall not be considered merely incidental to another offense if it: (A) Conceals or isolates the victim; (B) Makes the commission of the other offense substantially easier; (C) Lessens the risk of detection; or (D) Is for the purpose of avoiding apprehension. (c) The offense of kidnapping shall be considered a separate offense and shall not merge with any other offense. (b)(d) A person convicted of the offense of kidnapping shall be punished by: (1) Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was 14 years of age or older; (2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age; (3) Life imprisonment or death if the kidnapping was for ransom; or (4) Life imprisonment or death if the person kidnapped received bodily injury. (c)(e) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (f) The offense of kidnapping is declared to be a continuous offense, and venue may be in any county where the accused exercises dominion or control over the person of another." 4256 JOURNAL OF THE SENATE 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 Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans E Golden Y Grant Hamrick Y Harbison Harp Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed E Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas 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 575, having received the requisite constitutional majority, was passed by substitute. 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 Joint Legislative Ethics Economic Development FRIDAY, APRIL 3, 2009 4257 The State Senate Atlanta, Georgia 30334 Please record a yes vote for me on HB 575 as I was off the floor. 3:20 p.m. April 3,2009 /s/ Seth Harp District 29 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendments to the following Bill of the House: HB 455. By Representatives Neal of the 1st, Lindsey of the 54th, Casas of the 103rd, Ashe of the 56th, England of the 108th and others: A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for certificated personnel in elementary and secondary education, so as to temporarily extend certain deadlines; 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 substitutes to the following Bills of the House: HB 64. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 101. By Representatives Hamilton of the 23rd, Smith of the 129th, Everson of the 106th, Graves of the 12th, Glanton of the 76th and others: A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the erection, placement, or 4258 JOURNAL OF THE SENATE HB 438. HB 473. HB 492. HB 509. maintenance of unlawful or unauthorized structures, so as to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representatives Harbin of the 118th, Keen of the 179th, Stephens of the 164th, Ehrhart of the 36th, Kaiser of the 59th and others: A BILL to be entitled an Act 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 grants for clean energy property for a limited period of time from federal funds available for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Neal of the 1st, Scott of the 2nd, Hill of the 180th, Stephens of the 164th and Hudson of the 124th: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Cooper of the 41st, Rice of the 51st, Lindsey of the 54th, Channell of the 116th, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's FRIDAY, APRIL 3, 2009 4259 assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to provide for a contingency and effective dates; to repeal conflicting laws; and for other purposes. HB 639. By Representatives Dollar of the 45th, Butler of the 18th, Lane of the 167th, Burkhalter of the 50th, Keen of the 179th 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 supporting the protection of wild dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; to repeal conflicting laws; and for other purposes. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Stoner of the 6th Senator Balfour of the 9th asked unanimous consent that HB 514, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 514 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 514, having been taken from the Table, was put upon its passage. HB 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to 4260 JOURNAL OF THE SENATE provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. The Senate Judiciary Committee offered the following substitute to HB 514: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for conditions for such assistance; to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue, so as to provide definitions; to provide a uniform venue provision in certain proceedings involving the constitutionality of certain provisions of law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding the judicial system, is amended by revising subsection (n) of Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, as follows: "(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any: (1) criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that: (A) A senior judge may be assigned, designated, or preside in such a case if such 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; and (B) If a challenge subject to this paragraph is raised by pleading later than 60 days after the filing of the complaint or within 45 days of the timely filing of the answer, FRIDAY, APRIL 3, 2009 4261 an elected superior court judge of the circuit in which the case is pending shall determine whether, on the face of the challenge as raised and taking the facts as stated by the party asserting the challenge as true, the constitutional challenge is without merit. If when making a determination pursuant to this paragraph the elected superior court judge determines that the challenge has merit, the case shall be reassigned to an elected superior court judge; provided, however, that if when making such determination the elected superior court judge determines that the challenge is without merit, the case shall remain with the senior judge. This paragraph shall not apply to any constitutional challenge raised after the entry of the pretrial order entered immediately prior to trial." SECTION 2. Said chapter is further amended by revising subsection (e) of Code Section 15-1-9.2, relating to senior judge status and requesting assistance from senior judges, as follows: "(e) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any: (1) Criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that: (A) A senior judge may be assigned, designated, or preside in such a case if such 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; and (B) If a challenge subject to this paragraph is raised by pleading later than 60 days after the filing of the complaint or within 45 days of the timely filing of the answer, an elected superior court judge of the circuit in which the case is pending shall determine whether, on the face of the challenge as raised and taking the facts as stated by the party asserting the challenge as true, the constitutional challenge is without merit. If when making a determination pursuant to this paragraph the elected superior court judge determines that the challenge has merit, the case shall be reassigned to an elected superior court judge; provided, however, that if when making such determination the elected superior court judge determines that the challenge is without merit, the case shall remain with the senior judge. This paragraph shall not apply to any constitutional challenge raised after the entry of the pretrial order entered immediately prior to trial." SECTION 3. Said chapter is further amended by revising subsection (g) of Code Section 15-1-9.3, relating to senior judges of the state court, probate court, or juvenile court and requesting 4262 JOURNAL OF THE SENATE assistance of a senior judge, as follows: "(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any: (1) Criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that: (A) A senior judge may be assigned, designated, or preside in such a case if such 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; and (B) If a challenge subject to this paragraph is raised by pleading later than 60 days after the filing of the complaint or within 45 days of the timely filing of the answer, an elected superior court judge of the circuit in which the case is pending shall determine whether, on the face of the challenge as raised and taking the facts as stated by the party asserting the challenge as true, the constitutional challenge is without merit. If when making a determination pursuant to this paragraph the elected superior court judge determines that the challenge has merit, the case shall be reassigned to an elected superior court judge; provided, however, that if when making such determination the elected superior court judge determines that the challenge is without merit, the case shall remain with the senior judge. This paragraph shall not apply to any constitutional challenge raised after the entry of the pretrial order entered immediately prior to trial." SECTION 4. Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue, is amended by adding a new Code section to read as follows: "9-10-35. (a) For the purposes of this Code section, 'public officer' means: (1) Every constitutional officer; (2) Every elected state official; (3) The executive head of every state department or agency, whether elected or appointed; (4) Each member of the General Assembly; and (5) The executive director of each state board or commission and the members thereof. (b) For purposes of any civil action involving a challenge to the constitutionality of any state statute, rule, regulation, or action, with the exception of habeas corpus actions, against a public officer in his or her official capacity, the county of residence of the defendant shall be the county in which is found the primary office of the governmental FRIDAY, APRIL 3, 2009 4263 entity of which the defendant is an officer." 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: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Cowsert Y Crosby 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,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Tarver Y Tate Y Thomas 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 47, nays 0. HB 514, having received the requisite constitutional majority, was passed by substitute. Senator Seay of the 34th was excused for business outside the Senate Chamber. 4264 JOURNAL OF THE SENATE The following Senators were excused as conferees: Reed of the 35th Wiles of the 37th The following bill was taken up to consider the Conference Committee Report thereto: HB 68. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; 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 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. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Balfour of the 9th /s/ Senator Shafer of the 48th /s/ Senator Butterworth of the 50th /s/ Representative Sims of the 169th /s/ Representative Williams of the 4th /s/ Representative Dickson of the 6th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 68 A BILL TO BE ENTITLED AN ACT To amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and professions and business, respectively, so as to provide for regulation of certain areas related to deceased individuals; to provide for the ability for individuals to provide through a preneed contract for the disposition of their bodies after death; to provide for the persons who may direct the disposition of a person's body after the person's death; to provide for the forfeiture of the right of disposition under certain circumstances; to provide for resolving conflicting claims; to provide for immunity for funeral homes that act in good faith on such directions for disposition; to restrict the location of certain crematories; to provide for a procedure for the disposition of cremains after a certain time FRIDAY, APRIL 3, 2009 4265 period; to provide for certain costs and fees to be paid by the authorizing agent; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Code section to read as follows: "31-21-7. (a) A person who is 18 years of age or older and of sound mind, by entering into a preneed contract, as defined in paragraph (30) of Code Section 10-14-3, may direct the location, manner, and conditions of the disposition of the person's remains and the arrangements for funeral goods and services to be provided upon the person's death. The disposition directions and funeral prearrangements that are contained in a preneed contract shall not be subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person the decedent has appointed in the preneed contract as the person authorized to cancel or revise the terms of the preneed contract or unless any resources set aside to fund the preneed contract are insufficient under the terms of the preneed contract to carry out the disposition directions and funeral prearrangements contained therein. (b) Except as provided in subsection (c) of this Code section, the right to control the disposition of the remains of a deceased person; the location, manner, and conditions of disposition; and arrangements for funeral goods and services to be provided vests in the following, in the order named, provided that such person is 18 years or older and is of sound mind: (1) The health care agent, as defined in Code Section 31-32-2; (2)(A) A person designated by the decedent as the person with the right to control the disposition in an affidavit executed in accordance with subparagraph (B) of this paragraph. (B) A person who is 18 years of age or older and of sound mind wishing to authorize another person to control the disposition of his or her remains may execute an affidavit before a notary public in substantially the following form: 'State of Georgia County of _______ I, _______________, do hereby designate ________________ with the right to control the disposition of my remains upon my death. I __ have __ have not attached specific directions concerning the disposition of my remains with which the designee shall substantially comply, provided that such directions are lawful and there are sufficient resources in my estate to carry out the directions. Subscribed and sworn to before me this ___ day of the month of _____ of the year _____. ___________________(signature of affiant) ___________________(signature of notary public)'; 4266 JOURNAL OF THE SENATE (3) The surviving spouse of the decedent; (4) The sole surviving child of the decedent or, if there is more than one child of the decedent, the majority of the surviving children; provided, however, that less than one-half of the surviving children shall be vested with the rights under this Code section if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving children; (5) The surviving parent or parents of the decedent. If one of the surviving parents is absent, the remaining parent shall be vested with the rights and duties under this Code section after reasonable efforts have been unsuccessful in locating the absent surviving parent; (6) The surviving brother or sister of the decedent or, if there is more than one sibling of the decedent, the majority of the surviving siblings; provided, however, that less than the majority of surviving siblings shall be vested with the rights and duties under this Code section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving siblings; (7) The surviving grandparent of the decedent or, if there is more than one surviving grandparent, the majority of the grandparents; provided, however, that less than the majority of the surviving grandparents shall be vested with the rights and duties under this Code section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving grandparents; (8) The guardian of the person of the decedent at the time of the decedent's death if one had been appointed; (9) The personal representative of the estate of the decedent; (10) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition; (11) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator, or employee responsible for arranging the final disposition of decedent's remains; or (12) In the absence of any person under paragraphs (1) through (10) of this subsection, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under paragraphs (1) through (10) of this subsection. (c) A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next qualifying person as listed in subsection (b) of this Code section, in the following circumstances: (1) Any person charged with murder or voluntary manslaughter in connection with FRIDAY, APRIL 3, 2009 4267 the decedent's death and whose charges are known to the funeral director; provided, however, that, if the charges against such person are dismissed or if such person is acquitted of the charges, the right of disposition is returned to the person; (2) Any person who does not exercise his or her right of disposition within two days of notification of the death of decedent or within three days of decedent's death, whichever is earlier; (3) If the person and the decedent are spouses and a petition to dissolve the marriage was pending at the time of decedent's death; or (4) Where the probate court pursuant to subsection (d) of this Code section determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this Code section, the term 'estranged' means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (d) Notwithstanding subsections (b) and (c) of this Code section, the probate court for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition and may make decisions regarding the decedent's remains if those sharing the right of disposition cannot agree. The following provisions shall apply to the court's determination under this subsection: (1) If the persons holding the right of disposition are two or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral home with custody of the remains may file a petition asking the probate court to make a determination in the matter; (2) In making a determination under this subsection, the probate court shall consider the following: (A) The reasonableness and practicality of the proposed funeral arrangements and disposition; (B) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (C) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition; (D) The convenience and needs of other families and friends wishing to pay respects; (E) The desires of the decedent; and (F) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect; (3) In the event of a dispute regarding the right of disposition, a funeral home shall not be liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral home receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the 4268 JOURNAL OF THE SENATE remains. If the funeral home retains the remains for final disposition while the parties are in disagreement, the funeral home may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the probate court and may add the cost of embalming or refrigeration and sheltering to the final disposition costs. If a funeral home brings an action under this subsection, the funeral home may add the legal fees and court costs associated with a petition under this subsection to the cost of final disposition. This subsection may not be construed to require or to impose a duty upon a funeral home to bring an action under this subsection. A funeral home and its employees shall not be held criminally or civilly liable for choosing not to bring an action under this subsection; and (4) Except to the degree it may be considered by the probate court under subparagraph (C) of paragraph (2) of this subsection, the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition shall not give that person a greater claim to the right of disposition than the person would otherwise have. The personal representative of the estate of the decedent shall not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have. (e) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition. A funeral home shall have the right to rely on such funeral service agreement or authorization and shall have the authority to carry out the instructions of the person or persons the funeral home reasonably believes holds the right of disposition. The funeral home shall have no responsibility to contact or to independently investigate the existence of any next of kin or relative of the decedent. If there is more than one person in a class who are equal in priority and the funeral home has no knowledge of any objection by other members of such class, the funeral home shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements, provided that no other person in such class provides written notice of his or her objections to the funeral home. (f) If a funeral establishment or funeral director relies in good faith upon the instructions of an individual claiming the right of disposition pursuant to subsection (b) or (d) of this Code section and such individual is later determined to have falsely or fraudulently represented himself or herself as having such a right, the funeral establishment or funeral director shall not be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with such instructions." SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (a) of Code Section 43-18-72, relating to crematories to be licensed, equipment, facilities, and personnel, application, reports, and FRIDAY, APRIL 3, 2009 4269 limitation of single body in retort, as follows: "43-18-72. (a)(1) It shall be unlawful for any person, firm, corporation, or association to operate a crematory without first obtaining a separate license for such purpose from the board in accordance with this article. The crematory must be at a specific address or location and must meet the following requirements and have the following minimum equipment, facilities, and personnel: (1)(A) A room with seating for a minimum of 30 people in which funeral services may be conducted; (2)(B) A display room containing an adequate supply of urns; (3)(C) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration; (4)(D) At least one operable retort for cremation; (5)(E) At least one operable processing station for grinding of cremated remains; and (6)(F) At least one church truck; and (G) Not be located within 1,000 feet of a residential subdivision platted and recorded in the office of the clerk of the superior court of a county in which such residential subdivision is located. (2)(A) provided, however, that the The provisions of paragraphs (1), (2), and (6) subparagraphs (A), (B), and (F) of paragraph (1) of this subsection shall not apply to crematories which provide cremation services only to other funeral establishments. (2)(B) The provision of paragraph (G) of paragraph (1) of this subsection shall only apply to the issuance or renewal of any license on or after the effective date of this subparagraph for any stand-alone crematory that was not in operation as of such effective date. For purposes of this subparagraph, the term 'stand-alone crematory' shall mean a crematory that is not located on or adjacent to a tract or parcel of land which contains a funeral establishment." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "43-18-80. (a) For the purposes of this Code section, 'authorizing agent' means a person legally entitled to authorize the cremation of human remains. (b) The authorizing agent shall provide to the funeral establishment in which the cremation arrangements are made a signed statement specifying the ultimate disposition of the cremated remains, if known. A copy of this statement shall be retained by the funeral establishment offering or conducting the cremation. (c) Cremated remains shall be shipped only by a method that has an internal tracking system available and that provides a receipt signed by the person accepting delivery. (d) The authorizing agent shall be responsible for the disposition of the cremated remains. If, after 60 days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated 4270 JOURNAL OF THE SENATE remains, the funeral establishment or entity in possession of the cremated remains shall send a notification to the authorizing agent notifying him or her that, pursuant to this subsection, failure to respond to such notification and specify the final disposition of the cremains within 30 days of the transmission of such notice shall authorize the funeral establishment to make arrangements for the disposition of the cremains. If, after 30 days, the funeral establishment or entity in possession of the cremated remains has not received instructions from the authorizing agent describing a specific method of disposing of the cremains, the funeral establishment or entity in possession of the cremains shall be authorized to dispose of the cremated remains in a dignified and humane manner by entombing such cremains in a crypt or underground in accordance with local and state law or by storage in the funeral establishment. The final resting place of the cremains shall be clearly marked and recorded by the funeral establishment entombing the cremains. Any costs or fees incurred to entomb, inter, or disinter the cremains shall be the responsibility of the authorizing agent; provided, however, that such cost shall not exceed $100.00." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Balfour of the 9th moved that the Senate adopt the Conference Committee Report on HB 68. On the motion, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey C Reed Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams (PRS) FRIDAY, APRIL 3, 2009 4271 On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 68. The following bill was taken up to consider the Conference Committee Report thereto: HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; 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 228 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 228 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Unterman of the 45th /s/ Senator Grant of the 25th /s/ Senator Goggans of the 7th /s/ Representative Butler of the 18th /s/ Representative Cole of the 125th /s/ Representative Channell of the 116th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 228 A BILL TO BE ENTITLED AN ACT To amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to reestablish the 4272 JOURNAL OF THE SENATE Department of Community Health; to establish the Department of Human Services and the Department of Behavioral Health and Developmental Disabilities; to reassign various functions to the new agencies; to provide for transition to the new agencies; to provide for a board for each agency; to reconstitute the Board of Community Health; to abolish the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to establish the Advisory Council for Public Health; to establish the Public Health Commission; to provide for inspection warrants for residential child care licensing; to revise a provision in state health planning; to provide for criminal background checks for employees of the Department of Behavioral Health and Developmental Disabilities; to repeal the automatic sunset provision for the State Commission on Family Violence; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I Department of Community Health. SECTION 1-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising and redesignating Chapter 5A, relating to the Department of Community Health, and revising Chapter 2, relating to the Department of Human Resources, as follows: "CHAPTER 2 31-5A-1. 31-2-1. Given the growing concern and complexities of health issues in this state, it is the intent of the General Assembly to create a Department of Community Health dedicated to health issues. Recognizing that the manner in which health care is currently administered at the state level is fragmented and often unresponsive to health care issues, the new department is created for the following purposes The Department of Community Health shall safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to: (1) To serve Serve as the lead planning agency for all health issues in the state to remedy the current situation wherein the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies; (2) To permit Permit the state to maximize its purchasing power and to administer its operations in a manner so as to receive the maximum amount of federal financial participation available in expenditures of the department inasmuch as the state now has none of its health care purchasing coordinated; (3) To minimize Minimize duplication and maximize administrative efficiency in the FRIDAY, APRIL 3, 2009 4273 state's health care systems by removing overlapping functions and streamlining uncoordinated programs; (4) To allow Allow the state to develop a better health care infrastructure that is more responsive to the consumers it serves while improving access to and coverage for health care; and (5) To focus Focus more attention and departmental procedures on the issue of wellness, including diet, exercise, and personal responsibility; (6) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (7) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (8) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (9) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (10) Procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (11) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense, emergency preparedness, and emergency response; (12) Prevent, detect, and relieve physical defects and deformities; (13) Promote the prevention, early detection, and control of problems affecting the dental and oral health of the citizens of Georgia; (14) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (15) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (16) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; (17) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 4274 JOURNAL OF THE SENATE 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (18) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his or her inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests the services authorized in this paragraph, or the individual for whom the laboratory services authorized in this paragraph are performed, shall be responsible for payment of the service fees. As used in this paragraph, the term 'individual' means a natural person or his or her responsible health benefit policy or Title XVIII, XIX, or XXI of the federal Social Security Act of 1935. 31-5A-2. 31-2-2. Notwithstanding the provisions of Code Section 31-1-1, as As used in this chapter, the term: (1) 'Board' means the Board of Community Health established under Code Section 31-5A-3 31-2-3. (2) 'Commissioner' means the commissioner of community health established under Code Section 31-5A-6 31-2-6. (3) 'Department' means the Department of Community Health established under Code Section 31-5A-4 31-2-4. (4) 'Department divisions' means the Division of Health Planning, Division of Medical Assistance, Division of Public Employee Health Benefits, and any other division of the department established by the board. (5) 'Division of Health Planning' means the Division of Health Planning established as such pursuant to paragraph (1) of subsection (b) of Code Section 31-5A-4. (6) 'Division of Medical Assistance' means the Division of Medical Assistance established as such pursuant to paragraph (2) of subsection (b) of Code Section 315A-4. (7) 'Division of Public Employee Health Benefits' means the Division of Public Employee Health Benefits established as such pursuant to paragraph (3) of subsection (b) of Code Section 31-5A-4. (8)(4) 'Predecessor agency or unit' means the State Personnel Board, solely with respect to actions regarding the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources. (9)(5) 'State health benefit plan' means the health insurance plan authorized under Article 1 of Chapter 18 of Title 45 and Part 6 of Article 17 of Chapter 2 of Title 20. FRIDAY, APRIL 3, 2009 4275 (10)(6) 'State Personnel Board' means the board established under Article IV, Section III of the Constitution. 31-5A-3. 31-2-3. (a) There is created reconstituted the Board of Community Health, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Medical Assistance Community Health as they existed on June 30, 1999 2009, with regard to the Department of Medical Assistance, and the powers, functions, and duties of the State Personnel Board as they existed on June 30, 1999, with regard to the state health benefit plan, are transferred to the reconstituted Board of Community Health effective July 1, 1999 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Board members in office on June 30, 2009, shall serve out the remainder of their respective terms and successors to these board seats shall be appointed in accordance with this Code section. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards. 31-5A-4. 31-2-4. (a)(1) The Department of Community Health is created re-created and established to perform the functions and assume the duties and powers exercised on June 30, 1999 2009, by the State Personnel Board solely with respect to the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources, unless specifically transferred to the Department of Human Services, and such department, division, and office shall be reconstituted as the Department of 4276 JOURNAL OF THE SENATE Community Health effective July 1, 2009. The department shall also assume retain powers and responsibility with respect to the expenditure of any funds appropriated to the department including, without being limited to, funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies, State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E61692, V19/246 (Fulton County Superior Court, December 9, 1998). (b) The divisions of the department shall be as follows: (1) The Health Planning Agency, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Health Planning within the department; (2) The Department of Medical Assistance, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Medical Assistance within the department; (3) The Health Benefit Services Division of the State Merit System of Personnel Administration, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Public Employee Health Benefits within the department; and (4) Such other divisions as the board may establish within the department. (c)(2) The executive director of the Health Planning Agency Division of Public Health in office on June 30, 1999 2009, the commissioner of medical assistance in office on June 30, 1999, and the director of the Health Benefit Services Division of the State Merit System of Personnel Administration Office of Regulatory Services in office on June 30, 1999 2009, shall become directors of the respective divisions division or office which those predecessor agencies or divisions units have become on and after July 1, 1999 2009, and until such time as the commissioner appoints other directors of such divisions or units. (d)(b)(1) There is created in the department the Office of Women's Health. Attached to the office shall be an 11 member advisory council. The members of the advisory council shall be appointed by the Governor and shall be representative of major public and private agencies and organizations in the state and shall be experienced in or have demonstrated particular interest in women's health issues. Each member shall be appointed for two years and until his or her successor is appointed. The members shall be eligible to succeed themselves. The council shall elect its chairperson from among the councilmembers for a term of two years. The Governor may name an honorary chairperson of the council. (2) The Office of Women's Health shall serve in an advisory capacity to the Governor, the General Assembly, the board, the department, and all other state agencies in matters relating to women's health. In particular, the office shall: (A) Raise awareness of women's nonreproductive health issues; (B) Inform and engage in prevention and education activities relating to women's nonreproductive health issues; (C) Serve as a clearing-house for women's health information for purposes of planning and coordination; FRIDAY, APRIL 3, 2009 4277 (D) Issue reports of the office's activities and findings; and (E) Develop and distribute a state comprehensive plan to address women's health issues. (3) The Office of Women's Health shall have a full-time executive director appointed by the commissioner and shall be provided with staff personnel, office and meeting facilities, and other necessary items by the department. The council shall meet upon the call of its chairperson, the board, or the commissioner. (e)(c) The board of regents Board of Regents of the University System of Georgia is authorized to contract with the department for health benefits for members, employees, and retirees of the board of regents and the dependents of such members, employees, and retirees and for the administration of such health benefits. The department is also authorized to contract with the board of regents for such purposes. (f)(d) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician workforce issues; (3) Is authorized to convene at least quarterly a state agency coordinating committee comprised of the commissioners, directors, chairpersons, or their designees, of the following agencies involved in health related activities: the Department of Human Resources, including the Division of Public Health, the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, and the Division of Aging Services thereof, the Department of Juvenile Justice, the Department of Corrections, the Insurance Department, the State Merit System of Personnel Administration, the State Board of Workers' Compensation, and the Governor's Office of Planning and Budget. The board of regents may also designate a person to serve on the coordinating committee. The committee will convene for the purposes of planning and coordinating health issues that have interagency considerations. The commissioner of the department will serve as the chairperson of the state agency coordinating committee and will report to the Governor the activities, findings, and recommendations of the committee; (4) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state; (5) Shall study and recommend any additional functions needed to carry out the purposes of the department, including the creation of a consumer medical advocate. Such recommendations shall be made to the Governor and General Assembly by December 31, 1999; (6)(4) Is authorized to appoint a health care work force policy advisory committee to 4278 JOURNAL OF THE SENATE oversee and coordinate work force planning activities; (7)(5) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes; and (8)(6) Is authorized to award grants, as funds are available, to hospital authorities and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and 31-794.1.; (7) Shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for such purposes of the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; and (8) Shall classify and license community living arrangements in accordance with the rules and regulations promulgated by the department for the licensing and enforcement of licensing requirements for persons whose services are financially supported, in whole or in part, by funds authorized through the Department of Behavioral Health and Developmental Disabilities. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-11 and 317-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued pursuant to this paragraph is not assignable or transferable. As used in this paragraph, the term 'community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or FRIDAY, APRIL 3, 2009 4279 arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage. 31-5A-5. 31-2-5. (a) To assist in the transition of functions, until July 1, 2000, the State Merit System of Personnel Administration shall perform payroll, accounting, and purchasing services and other general support services on behalf of the Division of Public Employee Health Benefits. (b) All persons employed in a predecessor agency or unit on June 30, 1999 2009, shall, on July 1, 1999 2009, become employees of the department within the division which such predecessor agency has become. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 1999 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, 1999 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, 1999 2009. Accrued annual and sick leave possessed by said employees on June 30, 1999 2009, shall be retained by said employees as employees of the department. (c)(b)(1) The department shall conform to federal standards for a merit system of personnel administration in any respects necessary for receiving federal grants, and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. (2) The department is authorized to employ, on a full-time or part-time basis, such medical, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary. (3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules of the State Personnel Board. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. 4280 JOURNAL OF THE SENATE (d)(c) The department shall succeed to all rules, regulations, policies, procedures, and administrative orders of the predecessor agencies agency or unit which were in effect on June 30, 1999 2009, or scheduled to go into effect on or after July 1, 1999 2009, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. Rules of the department shall be adopted, promulgated, and implemented as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only the Division of Health Planning rules promulgated pursuant to Chapter 6 of this title shall be subject to the provisions of Code Section 316-21.1. (e)(d) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 1999 2009, by any predecessor agency or unit and which pertain to the functions transferred to the department by this chapter 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. In all such instances, the Department of Community Health shall be substituted for the predecessor agency or unit, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (e) On July 1, 2009, the department shall receive custody of the state owned real property in the custody of the predecessor agency or unit on June 30, 2009, and which pertains to the functions transferred to the department by this chapter. (f)(1) The Governor is authorized to transfer to the Division of Public Employee Health Benefits of the department, by executive order, employees of the State Merit System of Personnel Administration who were performing functions for the Health Benefit Services Division of that system on June 30, 1999, whether or not they were also performing functions other than functions for that division. Employees so transferred shall become employees of the Division of Public Employee Health Benefits of the department. (2) The commissioner is authorized to transfer department employees from one division to another division within the department. 31-5A-6. 31-2-6. (a) There is created the position of commissioner of community health. The commissioner shall be the chief administrative officer of the department and shall be subject to appointment and removal by the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (b) There shall be created in the department such divisions as may be found necessary for its effective operation. Except for the Division of Public Heath, the commissioner shall have the power to allocate and reallocate functions among the divisions within the department. FRIDAY, APRIL 3, 2009 4281 31-2-1. The Department of Human Resources is created and established to safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to: (1) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (2) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (3) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (4) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (5) Manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial purposes, when expressly authorized and shown on the minutes of the department; to procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (6) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense; (7) Detect and relieve physical defects and deformities and provide treatment for mental and emotional disorders and infirmities; (8) Promote the prevention, early detection, and control of problems affecting the dental health of the citizens of Georgia; (9) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (10) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (11) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; (12) Promulgate and enforce rules and regulations for the licensing of medical 4282 JOURNAL OF THE SENATE facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (13) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests services authorized in this Code section shall pay the fee. As used in this Code section, the term 'individual' means a natural person. 31-2-2. 31-2-7. The department is designated and empowered as the agency of this state to apply for, receive, and administer grants and donations for health purposes from the federal government and from any of its departments, agencies, and instrumentalities; from appropriations of the state; and from any other sources in conformity with law, including but not limited to Code Section 49-4-152. The department shall have the authority to prescribe the purposes for which such funds may be used in order to: (1) Provide, extend, and improve maternal and child health services; (2) Locate children already crippled disabled or suffering from conditions leading to crippling a disability and provide for such children medical, surgical, corrective, and other services and to provide for facilities for diagnosis, hospitalization, and aftercare; (3) Advance the prevention and control of cancer and of venereal, tubercular, and other diseases; (4) Forestall and correct conditions that, if left to run their course, could be injurious to health; (5) Conduct programs which lie within the scope and the power of the department relating to industrial hygiene, control of ionizing radiation, occupational health, water quality, water pollution control, and planning and development of water resources; (6) Administer grants-in-aid to assist in the construction of publicly owned and operated general and special medical facilities; (7) Conduct programs: (A) Relating to chronic illness; (B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and (C) Relating to the mental and physical health of the people of this state which are appropriate to the purpose of the department; and (8) Develop the health aspects of civil defense emergency preparedness and emergency response. When a plan is required to be approved by any department, agency, or instrumentality FRIDAY, APRIL 3, 2009 4283 of the federal government as condition precedent to the making of grants for health purposes, the department, as agent of this state, is directed to formulate, submit, and secure approval of that plan and thereafter, upon its approval and the receipt of funds payable thereunder, to carry the plan into effect in accordance with its terms, applying thereto the funds so received as well as other applicable amounts from whatever source. 31-2-3. 31-2-8. The department, from time to time, shall make or cause to be made studies and surveys to determine the quality, scope, and reach of its programs. 31-2-4. 31-2-9. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations shall be adapted to the purposes intended, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department as follows: (1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Human Resources Community Health and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or 4284 JOURNAL OF THE SENATE (5) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. This subsection shall not apply to rules adopted by the department pursuant to Code Section 31-6-21.1. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board. 31-2-5. 31-2-10. Actions at law and in equity against the department, the board, or any of its members predicated upon omissions or acts done in their official capacity or under color thereof shall be brought in the appropriate county; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent. 31-2-6. 31-2-11. (a) This Code section shall be applicable to any agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph (16) (8) of subsection (b)(d) and subsection (c) of Code Section 37-1-20 31-2-4; and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has: (1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provisions provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provisions provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: FRIDAY, APRIL 3, 2009 4285 (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license, permit, registration, or commission for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not those sanctions are actually imposed; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d)(1) With respect to any facility classified as a nursing facility, nursing home, or intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which: (A) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B); or (B) Such facility has been served formal notice of intent to take such a sanction which the Department of Community Health department based on administrative review or any other appropriate body based on administrative or judicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department. 4286 JOURNAL OF THE SENATE (3) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended. (4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, nothing contained in said paragraphs (2) and (3) of this subsection shall be construed as requiring the state survey agency to act in violation of applicable federal law, regulations, and guidelines. (e) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (f) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein, and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (g) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (h) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (i) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. FRIDAY, APRIL 3, 2009 4287 (j) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (k) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (l) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (m) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (n) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section. 31-2-7. 31-2-12. (a) As used in this Code section, the term: (1) 'Chamber system' means a system of chambers with each chamber being a molded polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall soil areas. Chambers may be of different sizes and configurations to obtain desired surface areas. (2) 'Conventional system' means a system traditionally used composed of perforated pipe surrounded by gravel or stone masking for the infiltration of effluent into adjoining bottom and side soil areas. (3) 'On-site sewage management system' means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. Such term shall include, without limitation, conventional and chamber septic tank systems, privies, and experimental and alternative on-site sewage management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department. (4) 'Prior approved system' means only a chamber system or conventional system or component of such system which is designed to be physically incapable of a surface discharge of effluent and which was properly approved pursuant to subparagraph (a)(2)(B) of this Code section, as such Code section became law on April 19, 1994, for use according to manufacturers' recommendations, prior to April 14, 1997. (5) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components. (b) The Department of Human Resources department shall have the authority as it 4288 JOURNAL OF THE SENATE deems necessary and proper to adopt state-wide regulations for on-site, sewage management systems, including but not limited to experimental and alternative systems. The department is authorized to require that any such on-site sewage management system be examined and approved prior to allowing the use of such system in the state; provided, however, that any prior approved system shall continue to be approved for installation in every county of the state pursuant to the manufacturer's recommendations, including sizing of no less than 50 percent of trench length of a conventional system designed for equal flows in similar soil conditions. Upon written request of one-half or more of the health districts in the state, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. (c)(1) This subsection shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county, municipality, or state agency may require any certified septic tank installer or certified septic tank pumper who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes. (2) In order to protect the public from damages arising from any work by a certified septic tank installer or certified septic tank pumper, which work fails to comply with any state construction codes or with the ordinances or building and construction codes adopted by any county or municipal corporation, any such certified septic tank installer or certified septic tank pumper may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the local county or municipal health department. Such bond shall be conditioned upon all work done or supervised by such certificate holder complying with the provisions of any state construction codes or any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said certificate holder's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the certified septic FRIDAY, APRIL 3, 2009 4289 tank installer or certified septic tank pumper shall file a copy of the bond with the county or municipal health department in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13. (d) This Code section does not restrict the work of a plumber licensed by the State Construction Industry Licensing Board to access any on-site sewage management system for the purpose of servicing or repairing any plumbing system or connection to the on-site sewage management system. 31-2-8. 31-2-13. Until July 1, 2012, the department shall provide by rule or regulation for the regulation of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department (previously known as the Department of Human Resources for these purposes) under this Code section. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012. 31-2-9. (a) The General Assembly makes the following findings: (1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health of the Department of Human Resources. (c) The injury prevention section, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the department's Division of Aging Services, Division of Family and Children Services, and Division of Mental Health, Developmental Disabilities, and Addictive 4290 JOURNAL OF THE SENATE Diseases, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the Department of Human Resources in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external cause of injuries; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding. 31-2-14. (a) As used in this Code section, the term: (1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses: (A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; FRIDAY, APRIL 3, 2009 4291 (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (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; or (C) Community living arrangement subject to licensure under paragraph (8) of subsection (d) of Code Section 31-2-4. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: (A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means fingerprints in such form and of such quality as 4292 JOURNAL OF THE SENATE prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection FRIDAY, APRIL 3, 2009 4293 (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of Title 49 or Article 11 of Chapter 7 of this title. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section. 31-5A-7. 31-2-15. Performance and outcome data and pricing data for selected medical conditions, surgeries, and procedures in hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers in Georgia shall be reported to the Department of Community Health on a regular basis. The department shall provide for the establishment of a website for the purpose of providing consumers information on the cost and quality of health care in Georgia to include but not be limited to cost comparison information on certain prescription drugs at different pharmacies in Georgia, hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers and facilities in Georgia. 4294 JOURNAL OF THE SENATE 31-5A-8. 31-2-16. (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. (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 or development, manufacturing, or 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 200 Georgia citizens residents. Such term shall not mean a warehouse used to store health care products. (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 low-income individuals through patient assistance programs. (b) The Department of Community Health shall expedite the review of 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 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. 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 subsection shall apply to all contracts entered into or renewed by the Department of Community Health on or after July 1, 2008. (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. FRIDAY, APRIL 3, 2009 4295 31-2-17. The commissioner is authorized to appoint a diabetes coordinator within the Division of Public Health to coordinate with other state departments and agencies to ensure that all programs that impact the prevention and treatment of diabetes are coordinated, that duplication of efforts is minimized, and that the impact of such programs is maximized in an attempt to reduce the health consequences and complications of diabetes in Georgia. The Division of Public Health shall serve as the central repository for this state's departments and agencies for data related to the prevention and treatment of diabetes. 31-2-18. (a) The Division of Public Health shall have a director who shall be appointed by the Governor and serve at the pleasure of the Governor. The director shall report to the Office of the Governor and to the commissioner. In addition to other authority and duties granted in this title, the director shall: (1) Provide a written report of expenditures made for public health purposes in the prior fiscal year to the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor no later than December 1 of each year beginning December 1, 2010; and (2) Serve as the chief liaison to county boards of health through their directors on matters related to the operations and programmatic responsibilities of such county boards of health; provided, however, the director may designate a person from within the division to serve as such chief liaison. (b) The director shall be authorized to convene one or more panels of experts to address various public health issues and may consult with experts on epidemiological and emergency preparedness issues. 31-2-19. (a) There is created the Advisory Council for Public Health to be composed of nine members appointed by the Governor who shall serve at the pleasure of the Governor. Employees of the department shall not serve on the council. Members shall serve three-year terms, provided that of the first members appointed, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Members may succeed themselves. A position on the council shall be deemed vacant upon the expiration of a member's term, and vacancies shall be filled by similar appointment for unexpired terms. (b) The council shall meet at least quarterly. (c) The council shall advise the Division of Public Health on all matters related to the division. Resolutions passed by a majority of the council shall be considered by the Director of Public Health and the commissioner and may be considered by the board. 31-2-20. (a) Effective July 1, 2010, there is created the Public Health Commission to be 4296 JOURNAL OF THE SENATE composed of nine members as follows: two members shall be appointed by the Speaker of the House of Representatives, two members shall be appointed by the Lieutenant Governor, and five members shall be appointed by the Governor. The purpose of the commission shall be to examine whether the interests of this state are best served with the Division of Public Health being a part of the Department of Community Health, an attached agency pursuant to Code Section 50-4-3, an independent agency, or as part of another organizational structure to be determined by the commission. The commission shall have the authority to contract with third parties subject to appropriations by the General Assembly. The commission shall make its recommendations to the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor by December 1, 2010. The commission shall stand abolished on December 31, 2010. (b) This Code section shall stand repealed on December 31, 2010. SECTION 1-2. Said title is further amended by revising Code Section 31-1-1, relating to definitions relative to health generally, as follows: "31-1-1. Except as specifically provided otherwise, as used in this title, the term: (1) 'Board' means the Board of Human Resources Community Health. (2) 'Commissioner' means the commissioner of human resources community health. (3) 'Department' means the Department of Human Resources Community Health." SECTION 1-3. Said title is further amended by adding a new Code section to read as follows: "31-1-10. (a) The position of State Health Officer is created. The commissioner of community health or the director of the Division of Public Health of the Department of Community Health shall be the State Health Officer, as designated by the Governor. (b) The State Health Officer shall perform such health emergency preparedness and response duties as assigned by the Governor." SECTION 1-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Community Health": (1) Code Section 4-4-69, relating to regulation of manufacture and use of disease vectors in livestock; (2) Code Section 4-10-10, relating to the joint regulation of the sale or transportation of exotic or pet birds; (3) Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful; (4) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of the FRIDAY, APRIL 3, 2009 4297 state; (5) Code Section 12-3-9, relating to adoption and promulgation by the Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas; (6) Code Section 12-5-175, relating to fluoridation of public water systems; (7) Code Section 12-8-1, relating to notice of denial of individual sewage disposal permits; (8) Code Section 15-21-142, relating to the establishment of the Brain and Spinal Injury Trust Fund Commission; (9) Code Section 16-6-13.1, relating to testing for sexually transmitted diseases; (10) Code Section 16-12-141, relating to when abortion is legal; (11) Code Section 17-10-15, relating to AIDS transmitting crimes; (12) Code Section 19-3-41, relating to preparation by the Department of Human Resources of a marriage manual on family planning and other material; (13) Code Section 20-2-142, relating to prescribed courses in elementary and secondary schools on alcohol, tobacco, and drug use; (14) Code Section 20-2-143, relating to sex education and AIDS prevention instruction in elementary and secondary schools; (15) Code Section 20-2-144, relating to mandatory instruction in elementary and secondary schools concerning alcohol and drug use; (16) Code Section 20-2-770, relating to rules and regulations for nutritional screening and eye, ear, and dental examinations of students; (17) Code Section 20-2-771, relating to immunization of students in elementary and secondary education; (18) Code Section 20-2-772, relating to rules and regulations for screening of students for scoliosis; (19) Code Section 24-9-40, relating to when medical information may be released by a physician, hospital, health care facility, or pharmacist; (20) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (21) Code Section 25-3-6, relating to the effect of certain laws relating to local fire departments on the powers and duties of other officials and departments; (22) Code Section 26-2-371, relating to permits required for food service establishments; (23) Code Section 26-2-372, relating to the issuance of permits for food service establishments; (24) Code Section 26-2-373, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health for food service establishments; (25) Code Section 26-2-374, relating to contents and posting of notices relating to assistance to persons choking; (26) Code Section 26-2-375, relating to enforcement of laws regarding the regulation of food service establishments; (27) Code Section 26-2-376, relating to review of final order or determination by 4298 JOURNAL OF THE SENATE Department of Human Resources regarding regulation of a food service establishment; (28) Code Section 26-2-377, relating to penalties for violation of laws regarding the regulation of food service establishments; (29) Code Section 26-3-18, relating to assistance in enforcement from Department of Agriculture or Department of Human Resources with respect to standards, labeling, and adulteration of drugs and cosmetics; (30) Code Section 26-4-85, relating to patient counseling by a pharmacist; (31) Code Section 26-4-116, relating to emergency service providers with respect to dangerous drugs and controlled substances; (32) Code Section 26-4-172, relating to license requirements under the "Nuclear Pharmacy Law"; (33) Code Section 26-5-3, relating to definitions relative to the "Drug Abuse Treatment and Education Act"; (34) Code Section 31-1-3.2, relating to hearing screenings for newborns; (35) Code Section 31-3-4, relating to powers of county boards of health; (36) Code Section 31-3-11, relating to appointments of director and staff of county board of health; (37) Code Section 31-5-1, relating to adoption of rules and regulations by the Department of Human Resources and county boards of health; (38) Code Section 31-5-9, relating to injunctions for enjoining violations of the provisions of Title 31; (39) Code Section 31-5-20, relating to the definition of the term "inspection warrant" with respect to enforcement of certain public health laws; (40) Code Section 31-5-21, relating to persons who may obtain inspection warrants; (41) Code Section 31-7-133, relating to confidentiality of review organization's records; (42) Code Section 31-7-172, relating to definitions relative to hospice care; (43) Code Section 31-7-175, relating to the administration of the article of the "Georgia Hospice Law"; (44) Code Section 31-8-1, relating to the establishment and purpose of the Hospital Care for the Indigent Program; (45) Code Section 31-8-36, relating to state appropriations to the Nonresident Indigent Health Care Fund; (46) Code Section 31-8-46, relating to investigation of violations by a hospital; (47) Code Section 31-8-193, relating to the establishment of a program to provide health care services to low-income recipients; (48) Code Section 31-9A-4, relating to information to be made available by the Department of Human Resources under the "Woman's Right to Know Act"; (49) Code Section 31-9A- 6, relating to reporting requirements under the "Woman's Right to Know Act"; (50) Code Section 31-10-1, relating to definitions relative to vital records; (51) Code Section 31-11-1, relating to findings of the General Assembly and FRIDAY, APRIL 3, 2009 4299 declaration of policy with respect to emergency medical services; (52) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (53) Code Section 31-11-81, relating to definitions relative to emergency services; (54) Code Section 31-11-100, relating to definitions relative to the Georgia Trauma Care Network Commission; (55) Code Section 31-11-101, relating to the creation of the Georgia Trauma Care Network Commission; (56) Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission; (57) Code Section 31-11-110, relating to legislative findings relative to a system of certified stroke centers; (58) Code Section 31-12-1, relating to the power to conduct research and studies relative to the control of hazardous conditions, preventable diseases, and metabolic diseases; (59) Code Section 31-12A-9, relating to a continuing education program relative to the "Georgia Smokefree Air Act of 2005"; (60) Code Section 31-12A-10, relating to enforcement by the Department of Human Resources and county boards of health of the "Georgia Smokefree Air Act of 2005"; (61) Code Section 31-13-3, relating to definitions relative to the "Georgia Radiation Control Act"; (62) Code Section 31-13-4, relating to administration of state-wide radiation control program for radiation generating equipment; (63) Code Section 31-13-5, relating to the powers and duties of the Department of Human Resources and the Department of Natural Resources under the "Georgia Radiation Control Act"; (64) Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic medical uses of radioactive materials; (65) Code Section 31-13-9, relating to records of use of radiation sources and exposure of employees to radiation; (66) Code Section 31-13-10, relating to suspension, revocation, and amendment of license or registration of radiation generating equipment; (67) Code Section 31-13-11, relating to impounding and condemnation of radiation generating equipment and radioactive materials; (68) Code Section 31-13-12, relating to the license requirements under the "Georgia Radiation Control Act"; (69) Code Section 31-13-13, relating to penalties under the "Georgia Radiation Control Act"; (70) Code Section 31-13-23, relating to transfer of powers and duties between the Department of Natural Resources and the Department of Human Resources under the "Georgia Radiation Control Act"; (71) Code Section 31-14-2, relating to petition for commitment of a person who has active tuberculosis; 4300 JOURNAL OF THE SENATE (72) Code Section 31-14-9, relating to procedure for securing discharge of a person committed for active tuberculosis; (73) Code Section 31-15-2, relating to the establishment of a program for the prevention, control, and treatment of cancer; (74) Code Section 31-16-2, relating to the establishment of a program for the prevention, control, and treatment of kidney disease; (75) Code Section 31-17-2, relating to the report of diagnosis or treatment to health authorities of a case of venereal disease; (76) Code Section 31-17-3, relating to examination and treatment by health authorities for venereal disease; (77) Code Section 31-17-4.2, relating to HIV pregnancy screening; (78) Code Section 31-17A-2, relating to examination of persons infected or suspected of being infected with HIV; (79) Code Section 31-17A-3, relating to refusal to consent to an HIV test; (80) Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury Trust Fund Commission; (81) Code Section 31-21-25, relating to bonds required prior to receiving unclaimed bodies; (82) Code Section 31-22-2, relating to licenses to operate clinical laboratories; (83) Code Section 31-22-9.1, relating to who may perform HIV tests; (84) Code Section 31-22-9.2, relating to report of positive HIV tests; (85) Code Section 31-23-3, relating to hospitals or medical schools which may operate eye banks; (86) Code Section 31-24-4, relating to labeling of containers of blood under "The Blood Labeling Act"; (87) Code Section 31-26-2, relating to the requirement of a certificate to practice midwifery; (88) Code Section 31-27-2, relating to the requirement of a permit for a mass gathering; (89) Code Section 31-28-2, relating to issuance of permits to operate a tourist court; (90) Code Section 31-28-5, relating to standards for health, sanitation, and safety of tourist courts; (91) Code Section 31-28-6, relating to inspection of premises of tourist courts; (92) Code Section 31-30-9, relating to effectiveness of chapter on reports on veterans exposed to agent orange; (93) Code Section 31-34-5, relating to service cancelable loans under the "Physicians for Rural Areas Assistance Act"; (94) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency providers; (95) Code Section 31-40-2, relating to issuance of permits for tattoo studios; (96) Code Section 31-40-5, relating to rules and regulations relative to tattoo studios; (97) Code Section 31-40-6, relating to enforcement of chapter regulating tattoo studios; FRIDAY, APRIL 3, 2009 4301 (98) Code Section 31-40-8, relating to a public education program relative to tattoo studios; (99) Code Section 31-45-8, relating to inspections by the county board of health of public swimming pools; (100) Code Section 31-45-9, relating to suspension or revocation of permit for a public swimming pool; (101) Code Section 31-45-10, relating to rules and regulations relative to public swimming pools; (102) Code Section 31-45-11, relating to enforcement of rules and regulations relative to public swimming pools; (103) Code Section 31-46-4, relating to the Georgia Commission for Saving the Cure; (104) Code Section 33-24-59.7, relating to insurance coverage for the treatment of morbidly obese patients; (105) Code Section 33-29-3.2, relating to individual accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (106) Code Section 33-304.2, relating to group accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (107) Code Section 33-44-3, relating to the creation of the Georgia High Risk Health Insurance Plan; (108) Code Section 34-9-1, relating to definitions relative to workers' compensation; (109) Code Section 34-9-415, relating to testing under drug-free workplace programs; (110) Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (111) Code Section 36-62-2, relating to definitions relative to the "Development Authorities Law"; (112) Code Section 38-3-22, relating to the Governor's emergency management powers and duties; (113) Code Section 38-3-51, relating to emergency powers of the Governor; (114) Code Section 40-5-25, relating to applications for instruction permits and drivers' licenses; (115) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood relating to violations of driving under the influence of alcohol, drugs, or other intoxicating substances; (116) Code Section 42-1-7, relating to notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease; (117) Code Section 42-4-6, relating to confinement and care of tubercular inmates; (118) Code Section 42-4-32, relating to sanitation and health requirements for jails; (119) Code Section 43-10-6, relating to rules and regulations as to sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care; 4302 JOURNAL OF THE SENATE (120) Code Section 43-11-74, relating to direct supervision requirement of dental hygienists by a licensed dentist; (121) Code Section 43-14-2, relating to definitions relative to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; (122) Code Section 43-18-1, relating to definitions relative to the regulation of funeral directors and establishments, embalmers, and crematories; (123) Code Section 43-18-46, relating to grounds for denial or revocation of license or registration to operate a funeral establishment or to practice embalming or funeral directing; (124) Code Section 43-27-1, relating to definitions relative to nursing home administrators; (125) Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant; (126) Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse; (127) Code Section 43-34-103, relating to applications for utilization of physician's assistants; (128) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (129) Code Section 45-18-32, relating to administration of deferred compensation plans for employees of the state; (130) Code Section 46-11-4, relating to regulation of transportation of hazardous materials on public roads of the state generally; (131) Code Section 49-4-152.3, relating to reuse of unit dosage drugs under Medicaid; (132) Code Section 49-6-81, relating to the legislative intent of the "Adult Day Center for Aging Adults Licensure Act"; (133) Code Section 49-6-82, relating to definitions relative to the "Adult Day Center for Aging Adults Licensure Act"; (134) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules by a state agency; (135) Code Section 50-18-72, relating to when public disclosure is not required under open records laws; (136) Code Section 50-18-76, relating to written matter exempt from disclosure under vital records laws; and (137) Code Section 50-26-4, relating to definitions relative to the "Georgia Housing and Finance Authority Act." SECTION 1-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Community Health": FRIDAY, APRIL 3, 2009 4303 (1) Code Section 31-1-3.2, relating to hearing screenings for newborns; (2) Code Section 31-7-304, relating to fees on private home care providers; (3) Code Section 31-11-2, relating to definitions relative to emergency medical services; (4) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (5) Code Section 31-11-31.1, relating to license fees on ambulance services; (6) Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian cancer research program fund; (7) Code Section 31-22-1, relating to definitions relative to clinical laboratories; (8) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; and (9) Code Section 43-7-9, relating to general powers and duties of the State Board of Barbers. SECTION 1-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of community health": (1) Code Section 8-2-24, relating to appointment of advisory committee relating to state building, plumbing, and electrical codes; (2) Code Section 12-5-524, relating to the creation of the Water Council; (3) Code Section 16-12-141, relating to when abortion is legal; (4) Code Section 16-12-141.1, relating to disposal of aborted fetuses; (5) Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State with respect to registration of voters; (6) Code Section 26-2-393, relating to enforcement of article relating to nonprofit food sales and food service; (7) Code Section 31-7-176.1, relating to determination or pronouncement of death of a patient in hospice care; (8) Code Section 31-8-32, relating to determination of indigency for hospital care for nonresidents; (9) Code Section 31-8-43, relating to determination of indigency for hospital care for pregnant women; (10) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act"; (11) Code Section 31-10-1, relating to definitions relative to vital records; (12) Code Section 31-11-2, relating to definitions relative to emergency medical services; (13) Code Section 31-11-36, relating to suspension or revocation of licenses for ambulance services; (14) Code Section 31-16-3, relating to functions of the Kidney Disease Advisory 4304 JOURNAL OF THE SENATE Committee; (15) Code Section 31-27-7, relating to emergency powers of the Governor regarding mass gatherings; (16) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency responders; (17) Code Section 31-36A-7, relating to petition for health care placement transfer, admission, or discharge order by health care facility; (18) Code Section 33-20B-3.1, relating to health maintenance organizations' expansion into rural areas; (19) Code Section 33-21-3, relating to grounds and procedure for issuance or denial of certificate of authority for a health maintenance organization; (20) Code Section 33-21-5, relating to suspension or revocation of certificate of authority for a health maintenance organization; (21) Code Section 33-21-15, relating to filing of annual reports by health maintenance organizations; (22) Code Section 33-21-17, relating to examinations of health maintenance organizations and providers; (23) Code Section 33-21-18, relating to adoption of rules and regulations generally relative to health maintenance organizations; (24) Code Section 33-21-20, relating to conduct of hearings generally relative to health maintenance organizations; (25) Code Section 33-21-21, relating to authority of commissioner of human resources to contract for making of recommendations required by health maintenance organizations laws; (26) Code Section 33-21-27, relating to enforcement of health maintenance organizations laws; (27) Code Section 38-2-10, relating to use of National Guard in drug law enforcement, provision of medical care in medically underserved areas, and for youth opportunity training programs; (28) Code Section 42-4-32, relating to sanitation and health requirements in jails generally; (29) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; (30) Code Section 43-1A-4, relating to the Occupational Regulation Review Council; (31) Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators; (32) Code Section 43-45-3, relating to creation of the State Structural Pest Control Commission; (33) Code Section 45-9-73, relating to the creation of the Georgia Public School Personnel Indemnification Commission; and (34) Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission. FRIDAY, APRIL 3, 2009 4305 SECTION 1-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of Title 31" wherever it occurs with "Chapter 2 of Title 31": (1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; (2) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (3) Code Section 33-20A-31, relating to definitions relative to the "Patient's Right to Independent Review Act"; (4) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (5) Code Section 49-4-141, relating to definitions relative to Medicaid; (6) Code Section 49-4-142, relating to the authorization of the Department of Community Health to adopt and administer a state plan for medical assistance; (7) Code Section 49-4-143, relating to the power of the Board of Community Health with respect to Medicaid; and (8) Code Section 49-4-144, relating to the chief administrative officer of the Department of Community Health. SECTION 1-8. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of this title" wherever it occurs with "Chapter 2 of this title": (1) Code Section 31-6-2, relating to definitions relative to state health planning and development; (2) Code Section 31-6-21, relating to the Department of Community Health generally under state health planning and development; (3) Code Section 31-7-94.1, relating to the "Rural Hospital Assistance Act;" (4) Code Section 31-8-151, relating to definitions relative to the indigent care trust fund; (5) Code Section 31-8-162, relating to definitions relative to nursing home provider fees; and (6) Code Section 31-8-171, relating to definitions relative to quality assessment fees on care management organizations. SECTION 1-9. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-6" wherever it occurs with "Code Section 31-2-11": (1) Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling units; (2) Code Section 31-7-2.1, relating to rules and regulations relative to regulation of hospitals and related institutions; (3) Code Section 31-7-302, relating to rules and regulations relative to private home care providers; 4306 JOURNAL OF THE SENATE (4) Code Section 31-8-60, relating to retaliation against a resident of a long-term care facility and prohibition against interference with the ombudsman; (5) Code Section 31-8-135, relating to hearings under the "Remedies for Residents of Personal Care Homes Act"; (6) Code Section 31-11-9, relating to enforcement of emergency medical services laws; and (7) Code Section 31-44-11, relating to the authority of the Department of Human Resources to deal with violations of renal disease facilities laws. SECTION 1-10. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-7" wherever it occurs with "Code Section 31-2-12": (1) Code Section 31-3-5, relating to functions of county boards of health; (2) Code Section 31-3-5.1, relating to conformity prerequisite to building permit; and (3) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules. SECTION 1-11. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful, is amended by revising paragraph (26) of subsection (b) as follows: "(26) With respect to any individual or facility providing personal care services: (A) Any person or entity not duly licensed or registered as a personal care home formally or informally offering, advertising to, or soliciting the public for residents or referrals; (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services: (i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for services authorized by the Department of Human Resources Community Health under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4 31-29; (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services. The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources Community Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;" SECTION 1-12. Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits FRIDAY, APRIL 3, 2009 4307 issued by the Department of Natural Resources for land disposal sites, is amended as follows: "12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Community Health for these purposes) under Code Section 31-2-8 31-2-13 may continue to operate under such Code section until July 1, 2012, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter." SECTION 1-13. Code Section 15-11-66.1 of the Official Code of Georgia Annotated, relating to disposition of a child committing delinquent act constituting AIDS transmitting crime, is amended by revising subsection (e) as follows: "(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to: (1) The Department of Juvenile Justice or the Department of Corrections, as the case may be, and the Department of Human Resources Community Health, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Juvenile Justice or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if: (A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of juvenile justice or the commissioner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted." SECTION 1-14. Code Section 15-21-143 of the Official Code of Georgia Annotated, relating to 4308 JOURNAL OF THE SENATE appointment of members and personnel of the Brain and Spinal Injury Trust Fund Commission, is amended as follows: "15-21-143. (a) The Brain and Spinal Injury Trust Fund Commission shall consist of 15 members who shall serve for terms of two years, except that with respect to the first members appointed, five members shall be appointed for a term of three years, five for a term of two years, and five for a term of one year. The following agencies may each appoint one member of the commission: (1) The Division of Rehabilitation Services of the Department of Labor; (2) The State Board of Education; (3) The Department of Public Safety; (4) The Department of Community Health; and (5) The Department of Human Resources Services. The remaining ten members of the commission shall be appointed by the Governor, seven of whom shall be citizens who have sustained brain or spinal cord injury or members of such persons' immediate families, no more than one of whom shall reside in the same geographic area of the state which constitutes a health district established by the Department of Human Resources Community Health. The Governor is authorized but not required to appoint the remaining three members from recommendations submitted by the Private Rehabilitation Suppliers of Georgia, the Georgia Hospital Association, the Brain Injury Association of Georgia, the Medical Association of Georgia, and the Georgia State Medical Association. The Governor shall also establish initial terms of office for all 15 members of the board within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter." SECTION 1-15. Code Section 17-18-1 of the Official Code of Georgia Annotated, relating to duty of certain officials to offer written statement of information to victims of rape or forcible sodomy, is amended as follows: "17-18-1. When any employee of the Department of Human Resources, Department of Human FRIDAY, APRIL 3, 2009 4309 Services, Department of Community Health, Department of Behavioral Health and Developmental Disabilities, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Section 17-18-2 and may include additional information regarding resources available to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language." SECTION 1-16. Code Section 19-3-35.1 of the Official Code of Georgia Annotated, relating to AIDS brochures for applicants for a marriage license, is amended by revising subsection (b) as follows: "(b) The Department of Human Resources Department of Community Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Community Health (formerly known as the Department of Human Resources for these purposes) under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988." SECTION 1-17. Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to the membership, terms, filling of vacancies, and officers of the State Commission on Family Violence, is amended by revising paragraph (1) of subsection (a) as follows: "(1) Three ex officio members shall be the director of the Division of Family and Children Services of the Department of Human Services, the director of Women's Health Services in the division of public health Division of Public Health of the Department of Human Resources Community Health, and the Attorney General;" SECTION 1-18. Code Section 19-13-35 of the Official Code of Georgia Annotated, relating to automatic termination provisions of the State Commission on Family Violence, is repealed in its entirety. SECTION 1-19. Code Section 19-15-4 of the Official Code of Georgia Annotated, relating to Georgia Child Fatality Review Panel, is amended by revising subsection (c) as follows: 4310 JOURNAL OF THE SENATE "(c) The panel shall be composed as follows: (1) One district attorney appointed by the Governor; (2) One juvenile court judge appointed by the Governor; (3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Resources Services; (6) The director of the Division of Family and Children Services of the Department of Human Resources Services; (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor; (14) The Child Advocate for the Protection of Children; (15) The director of the Division of Public Health of the Department of Human Resources Community Health; and (16) The director commissioner of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources behavioral health and developmental disabilities." SECTION 1-20. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds generally, is amended by revising paragraphs (5) and (8) of subsection (c) as follows: "(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources Community Health, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in fulltime equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full- FRIDAY, APRIL 3, 2009 4311 time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot and review these schedules annually. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;" "(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources Community Health;" SECTION 1-21. Code Section 26-4-192 of the Official Code of Georgia Annotated, relating to the statewide program for distribution of unused prescription drugs for the benefit of medically indigent persons, is amended as follows: "26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources Community Health for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum: (1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; 4312 JOURNAL OF THE SENATE (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot program is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008." SECTION 1-22. Code Section 31-5-2 of the Official Code of Georgia Annotated, relating to hearings of the Department of Human Resources, is amended as follows: "31-5-2. (a) Hearings shall be required with respect to for any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted as provided in this Code section in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) Where hearing is required or afforded, notice thereof as provided in this Code section shall be given in person or by registered or certified mail or statutory overnight delivery to all interested parties; provided, however, in proceedings where the number of interested parties is so numerous as to make individual notice impracticable, notice shall be given by publication or by such other means reasonably calculated to afford actual notice as may be prescribed by the agency or person conducting such hearing. All notices shall state (1) the time and place of hearing and nature thereof and (2) the matters of fact and law asserted and must be given at least five days before the day set for hearing unless the agency determines that an imminent threat to the public health exists which requires shorter notice. (c) All interested parties at such hearings shall have, upon request, compulsory process as provided in Code Section 31-5-4 and shall have the right to adduce evidence and conduct cross-examination of all adverse witnesses. Any member of the department or county boards of health, as the case may be, their authorized officials or agents, or any attorney at law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himself. Where possible, all evidence and proceedings shall be reported. (d) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member in good standing of the State Bar of Georgia. A county board of health is authorized and empowered to direct its director or the director's appointee to conduct hearings, issue compulsory process, administer oaths, FRIDAY, APRIL 3, 2009 4313 and submit his findings and recommendations to the county board of health. In both of such cases, the examiner and director or the director's appointee shall make the report available to all interested parties, and such parties are permitted to file written exception thereto prior to final decision thereon." SECTION 1-23. Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to procedures for rule making by the Department of Community Health, is amended by adding a new subsection to the end of the Code section to read as follows: "(j) This Code section shall apply only to rules adopted pursuant to this chapter." SECTION 1-24. Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, is amended by revising division (a)(18)(A)(ii) as follows: "(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 division shall be required to obtain a certificate of need in order to add any additional operating rooms;" SECTION 1-25. Code Section 31-6-48 of the Official Code of Georgia Annotated, relating to the abolishment of prior entities and the transfer of contractual obligations, is amended as follows: "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 2 of this title shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished." 4314 JOURNAL OF THE SENATE SECTION 1-26. Code Section 31-7-2.2 of the Official Code of Georgia Annotated, relating to determination that patients or residents in an institution, community living arrangement, or treatment program are in danger, is amended as follows: "31-7-2.2. (a)(1) The commissioner may order the emergency relocation of patients or residents from an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16)(8) of subsection (b)(d) and subsection (c) of Code Section 37-1-20 31-2-4, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate institution, community living arrangement, or drug abuse treatment and education program; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16)(8) of subsection (b)(d) and subsection (c) of Code Section 37-1-20 31-2-4, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when one or more of the following conditions are present: (A) The institution, community living arrangement, or drug abuse treatment and education program is operating without a permit or a license; (B) The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the institution, community living arrangement, or drug abuse treatment and education program; (C) The institution, community living arrangement, or drug abuse treatment and education program is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the institution, community living arrangement, or drug abuse treatment and education program. (2) A monitor may be placed, pursuant to this subsection, in an institution, community living arrangement, or drug abuse treatment and education program for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the institution, community living arrangement, or drug abuse treatment and education FRIDAY, APRIL 3, 2009 4315 program. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the institution, community living arrangement, or drug abuse treatment and education program nor shall the monitor be liable for any actions of the institution, community living arrangement, or drug abuse treatment and education program. The costs of placing a monitor in an institution, community living arrangement, or drug abuse treatment and education program shall be paid by the institution, community living arrangement, or drug abuse treatment and education program unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16)(8) of subsection (b)(d) and subsection (c) of Code Section 37-1-20 31-2-4, or program subject to licensure under Chapter 5 of Title 26 when an such institution, community living arrangement, or drug abuse treatment and education program has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (A) Could jeopardize the health and safety of the residents or patients in the institution, community living arrangement, or drug abuse treatment and education program if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to an institution, community living arrangement, or drug abuse treatment and education program may be suspended until the violation has been corrected or until the department has determined that the institution, community living arrangement, or drug abuse treatment and education program has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any institution, community living arrangement, or drug abuse treatment and education program affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the 4316 JOURNAL OF THE SENATE department, board, and commissioner." SECTION 1-27. Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to regulation of personal care homes, is amended by revising paragraph (1) of subsection (a) as follows: "(1) 'Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (16)(18) of subsection (b) of Code Section 37-1-20." SECTION 1-28. Code Section 31-7-17 of the Official Code of Georgia Annotated, relating to licensure and regulation of hospitals and related institutions transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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 FRIDAY, APRIL 3, 2009 4317 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 1-29. Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, is amended by revising subsection (a) as follows: "(a) As used in this Code section, the term: (1) 'Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-dayper-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Family Health Section of the Department of Human Resources Department of Community Health. (2) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association. (3) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital." SECTION 1-30. Code Section 31-7-159 of the Official Code of Georgia Annotated, relating to licensure and regulation of home health agencies transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, 4318 JOURNAL OF THE SENATE 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 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 1-31. Code Section 31-7-265 of the Official Code of Georgia Annotated, relating to facility licensing and employee records checks for personal care homes transferred to Department of Community Health, is amended as follows: "31-7-265. (a) Effective July 1, 2009, all matters relating to facility licensing and employee FRIDAY, APRIL 3, 2009 4319 records checks for personal care homes pursuant to this article shall be transferred from the Department of Human Resources (now known as the Department of Human Services) 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 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 1-32. Code Section 31-7-308 of the Official Code of Georgia Annotated, relating to licensure 4320 JOURNAL OF THE SENATE and regulation of private home care providers transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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 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 FRIDAY, APRIL 3, 2009 4321 retained by said employees as employees of the Department of Community Health." SECTION 1-33. Code Section 31-8-82 of the Official Code of Georgia Annotated, relating to reporting abuse or exploitation of a resident in a long-term care facility, is amended by revising subsection (a) as follows: "(a) Any: (1) Administrator, manager, physician, nurse, nurse's aide, orderly, or other employee in a hospital or facility; (2) Medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, or psychologist; or (3) Employee of a public or private agency engaged in professional services to residents or responsible for inspection of long-term care facilities who has knowledge that any resident or former resident has been abused or exploited while residing in a long-term care facility shall immediately make a report as described in subsection (c) of this Code section by telephone or in person to the department. In the event that an immediate report to the department is not possible, the person shall make the report to the appropriate law enforcement agency. Such person shall also make a written report to the Department of Human Resources department within 24 hours after making the initial report." SECTION 1-34. Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act," is amended by revising subparagraph (D) of paragraph (6) as follows: "(D) Any client or beneficiary of the department, or the Department of Human Resources Services, or the Department of Behavioral Health and Developmental Disabilities who voluntarily chooses to participate in a program offered or approved by the department, or the Department of Human Resources Services, or the Department of Behavioral Health and Developmental Disabilities and meets the program eligibility guidelines of the department, or the Department of Human Resources Services, or the Department of Behavioral Health and Developmental Disabilities whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget." SECTION 1-35. Code Section 31-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to emergency medical services, is amended by revising paragraphs (3), (5), and (6.1) as follows: "(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources Community 4322 JOURNAL OF THE SENATE Health." "(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Community Health for these purposes) on and after January 1, 2002." "(6.1) 'Department' means the Department of Human Resources Community Health." SECTION 1-36. Code Section 31-11-50 of the Official Code of Georgia Annotated, relating to medical advisers relative to emergency medical services, is amended by revising subsection (a) as follows: "(a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consultant of the Emergency Health Section of the Division of Physical Public Health of the Department of Human Resources Department of Community Health. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his or her designee to act as medical adviser until the services of a physician are available." SECTION 1-37. Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to automated external defibrillator program, is amended by revising paragraph (1) of subsection (b) as follows: "(1) It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the Rules and Regulations rules and regulations of the Department of Community Health Human Resources Chapter 290-5-30. It is further recommended that such training include at a minimum the successful completion of: (A) A nationally recognized health care provider/professional rescuer level cardiopulmonary resuscitation course; and (B) A department established or approved course which includes demonstrated proficiency in the use of an automated external defibrillator;" SECTION 1-38. Code Section 31-13-25 of the Official Code of Georgia Annotated, relating to rules, regulations, agreements, and contracts formerly under the Department of Human Resources with respect to radiation control, is amended as follows: "31-13-25. All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human FRIDAY, APRIL 3, 2009 4323 Resources (now known as the Department of Community Health for these purposes) will, by operation of law, be assumed by the Department of Natural Resources on April 4, 1990." SECTION 1-39. Code Section 31-15-4 of the Official Code of Georgia Annotated, relating to a cancer control officer, is amended as follows: "31-15-4. The commissioner shall appoint a cancer control officer. The cancer control officer shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and must shall be knowledgeable in the field of medicine covered by this chapter. He or she shall administer the cancer program for the Division of Physical Public Health of the Department of Human Resources Department of Community Health in compliance with this chapter. He or she shall be provided an office with clerical and administrative assistance to carry out this program." SECTION 1-40. Code Section 33-21-20.1 of the Official Code of Georgia Annotated, relating to regulation of health maintenance organizations by the commissioner of human resources, is amended as follows: "33-21-20.1. On May 13, 2004, all health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to regulation by the commissioner of human resources (now known as the commissioner of community health for these purposes). Upon the Commissioner of Insurance's determination that a health maintenance organization no longer meets the requirements of subsection (b.1) of Code Section 33-21-3, the Commissioner shall immediately notify the commissioner of human resources community health; and such health maintenance organization shall be subject to regulation by the commissioner of human resources community health until such time as it again meets the requirements of subsection (b.1) of Code Section 33-21-3 as determined by the Commissioner of Insurance." SECTION 1-41. Code Section 33-24-56.3 of the Official Code of Georgia Annotated, relating to colorectal cancer screening and testing, is amended by revising paragraph (1) of subsection (a) as follows: "(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after July 1, 2002, including, but not limited to, those contracts executed by the Department of Community Health pursuant to paragraph (1) of subsection (f)(d) of Code Section 31-5A-4 31-2-4. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, 4324 JOURNAL OF THE SENATE medicare supplement, specified disease, vision, and nonrenewable individual policies written for a period of less than six months." SECTION 1-42. Code Section 33-24-59.2 of the Official Code of Georgia Annotated, relating to insurance coverage for equipment and self-management training for individuals with diabetes, is amended by revising subsection (b) as follows: "(b)(1) Diabetes outpatient self-management training and education as provided for in subsection (a) of this Code section shall be provided by a certified, registered, or licensed health care professional with expertise in diabetes. (2) The office of the Commissioner of Insurance shall promulgate rules and regulations after consultation with the Department of Human Resources Community Health which conform to the current standards for diabetes outpatient selfmanagement training and educational services established by the American Diabetes Association for purposes of this Code section. (3) The office of the Commissioner of Insurance shall promulgate rules and regulations, relating to standards of diabetes care, to become effective July 1, 2002, after consultation with the Department of Human Resources (now known as the Department of Community Health for these purposes), the American Diabetes Association, and the National Institutes of Health. Such rules and regulations shall be adopted in accordance with the provisions of Code Section 33-2-9." SECTION 1-43. Code Section 33-45-3 of the Official Code of Georgia Annotated, relating to certificates of authority required for operation of continuing care facilities, is amended as follows: "33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Human Resources, the Department of Community Health, or any other regulatory body exercising authority over continuing care providers." SECTION 1-44. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, is amended by revising paragraphs (3) and (12) of subsection (b) as follows: "(3)(A) Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department. FRIDAY, APRIL 3, 2009 4325 (B) Persons who engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agency, or department, and persons or entities which contract to provide social work services with any community service board or similar entity or any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services pursuant to those contracts and shall only be exempt until January 1, 1996. (C) Persons who engage in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Human Resources Community Health, Department of Behavioral Health and Developmental Disabilities, Department of Human Services, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or county board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996;" "(12) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Resources Services but only when engaged in such practice as an employee of that division;" SECTION 1-45. Code Section 43-26-51 of the Official Code of Georgia Annotated, relating to the purpose of the "Georgia Qualified Medication Aide Act," is amended as follows: "43-26-51. The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through the delegation of certain activities performed by registered professional nurses and licensed practical nurses to persons who are certified as qualified medication aides and who are employed by and working in community living arrangements established by the Department of Human Resources Community Health pursuant to paragraphs (15) and (16) paragraph (8) of subsection (b)(d) of Code Section 37-1-20 31-2-4." SECTION 1-46. Code Section 43-26-52 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Qualified Medication Aide Act," is amended by revising paragraph (3) as follows: "(3) 'Community living arrangement' means any residence, whether operated for profit 4326 JOURNAL OF THE SENATE or not for profit, which undertakes through its ownership or management to provide or arrange for the provision of daily personal services, support, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage which is established by the Department of Human Resources Community Health pursuant to paragraph (16)(8) of subsection (b)(d) of Code Section 37-1-20 31-2-4 and whose services are financially supported, in whole or part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities. A community living arrangement is also referred to as a 'residence.'" SECTION 1-47. Code Section 43-27-2 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Nursing Home Administrators, is amended as follows: "43-27-2. (a) There is created the State Board of Nursing Home Administrators, which shall consist of 13 members, none of whom may be employees of the United States government or of this state, and the commissioner of human resources services or his or her designee, who shall serve as ex officio member of the board, and the commissioner of community health or his or her designee, who shall serve as ex officio member of the board. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows: (1) One member who is a licensed medical doctor in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (2) One member who is a registered nurse in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (3) One member who is an educator with a graduate degree and specializing in the field of gerontology and who is not a nursing home administrator or pecuniarily interested in any nursing home; (4) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large public, at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the Board of Human Resources Community Health. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large public, at-large positions; (5) One member who is a hospital administrator in this state, who is the holder of a master's degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home; and (6) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this state. (b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17. All vacancies shall be FRIDAY, APRIL 3, 2009 4327 filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position." SECTION 1-48. Code Section 43-27-5 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Board of Nursing Home Administrators, is amended by revising paragraph (4) of subsection (a) as follows: "(4) To initiate investigations for the purpose of discovering violations by a nursing home administrator of the rules, regulations, or statutes of the Department of Community Health or the Department of Human Resources Services, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the nursing home of which such individual is the administrator in the medical assistance program or the license issued by the Department of Human Resources Community Health and make written findings as to the causes of the alleged violations;" SECTION 1-49. 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 (c) as follows: "(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, county departments of health, and county departments of family and children services, the Department of Human Resources Behavioral Health and Developmental Disabilities must shall designate a central office which will shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of family and children services, the Department of Human Services shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of health, the Department of Community Health shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services." 4328 JOURNAL OF THE SENATE SECTION 1-50. Code Section 45-9-110 of the Official Code of Georgia Annotated, relating to authorization for consolidation of unemployment compensation claim matters under the commissioner of administrative services, is amended by revising subsection (d) as follows: "(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources community health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments county departments of health and remit the premium to the Department of Administrative Services. The commissioner of human services shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from county departments of family and children services and remit the premium to the Department of Administrative Services. The commissioner of behavioral health and developmental disabilities shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from community service boards and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unemployment compensation benefit insurance program." SECTION 1-51. Code Section 46-4-154 of the Official Code of Georgia Annotated, relating to notice of election, unbundling, rates, application requirements, and surcharge on interruptibles under the "Natural Gas Competition and Deregulation Act," is amended by revising subsection (e) as follows: "(e) The commission shall establish a surcharge on all customers receiving interruptible service over the electing distribution company's distribution system sufficient to ensure that such customers will pay an equitable share of the cost of the distribution system over which such customers receive service. The commission is authorized to direct the electing distribution company or the marketers to collect such surcharge directly from the customers. Such surcharge shall be paid promptly upon receipt into the universal service fund. This surcharge shall not be applied to any hospital that has a medicare and Medicaid payor mix of at least 30 percent and has uncompensated writeoffs for the provision of charity, indigent, and free health care services of not less than 5 percent of such hospital's annual operating expenses based on the annual hospital surveys by the Division of Health Planning of the Department of FRIDAY, APRIL 3, 2009 4329 Community Health. This surcharge shall not be applied to any institution or property enumerated in Code Section 50-16-3, or administered or regulated under authority granted by Code Section 42-2-5 or 49-4A-6 or by Chapter 9 of Title 50." SECTION 1-52. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to adoption and administration of a state plan for medical assistance by the Department of Community Health, is amended by revising subsection (b) as follows: "(b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations: (1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations; (2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; (3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients; (5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and (6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for 4330 JOURNAL OF THE SENATE a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room." SECTION 1-53. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under Medicaid, is amended by revising subsection (d) as follows: "(d) All contested cases involving the imposition of a remedial or punitive measure against a nursing facility by the Department of Community Health shall be conducted in the manner provided for in subsection (l) of Code Section 31-2-6 31-2-11, but only if such remedial or punitive measure is based upon findings made by the Department of Human Resources Community Health in its capacity as the state survey agency for the Georgia Medicaid program." SECTION 1-54. Code Section 49-4-154 of the Official Code of Georgia Annotated, relating to powers and duties retained by the Department of Human Resources with respect to Medicaid, is amended as follows: "49-4-154. (a) The status, position, and rights of persons transferred from the Department of Human Resources (now known as the Department of Community Health for these purposes) to the Department of Medical Assistance pursuant to Ga. L. 1977, p. 384 shall not be affected by the transfer, in and of itself; and such persons shall retain, inter alia, all rights of rank or grade; rights to vacation, sick pay, and leave; rights under any retirement plan; and any other rights under any law or administrative policy. (b) The Department of Human Resources (now known as the Department of Community Health for these purposes) shall retain, in accordance with terms of the state plan, the functions, and all tangible things and employees relating thereto, of: (1) Establishing and maintaining certain standards for certain institutions and agencies seeking to become or remain providers and shall finally determine and certify whether such institutions and agencies meet such standards; (2) Determining and certifying the eligibility of certain applicants for and recipients of medical assistance; and (3) Prescribing regulations to require that applicants for medical assistance be given clear and easily understandable notice that all books, papers, records, and memoranda of the provider relating to the provision of medical assistance to the applicant will be made available, upon request, to the commissioner of medical assistance or his representative and that, by accepting medical assistance, the applicant thereby consents to the providing of such books, papers, records, and memoranda to the commissioner of medical assistance or his representative." SECTION 1-55. Code Section 49-4-155 of the Official Code of Georgia Annotated, relating to the FRIDAY, APRIL 3, 2009 4331 Department of Community Health succeeding to existing rules, regulations, policies, procedures, and administrative orders with respect to Medicaid, is amended as follows: "49-4-155. The Department of Community Health shall succeed to all the rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources (now known as the Department of Human Services) transferred to the Department of Medical Assistance pursuant to the previously existing provisions of this Code section and that are in effect on June 30, 1999, and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources (now known as the Department of Human Services) that are in effect on June 30, 1999, to which the Department of Medical Assistance succeeded pursuant to the previously existing provisions of Code Section 49-4-156." SECTION 1-56. Code Section 49-6-84 of the Official Code of Georgia Annotated, relating to the authority of the Department of Human Resources to promulgate rules and regulations under the "Adult Day Center for Aging Adults Licensure Act," is amended as follows: "49-6-84. The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-6 31-2-11. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 1-57. Code Section 50-13-42 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Administrative Procedure Act," is amended by revising subsection (a) as follows: "(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Health Planning Review Board Certificate of Need Appeal Panel, or the Department of Community Health, unless specifically provided otherwise for certain programs or in relation to specific laws, or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis." SECTION 1-58. Code Section 50-16-3 of the Official Code of Georgia Annotated, relating to property of state boards and departments, is amended by revising paragraph (2) as follows: 4332 JOURNAL OF THE SENATE "(2) The several institutions operated by the Department of Human Resources Services, the Department of Community Health, or the Department of Behavioral Health and Developmental Disabilities, including all real and personal property belonging to the several institutions or used in connection therewith, and all other property conveyed to the any such department for the use of any of the institutions or conveyed to any of the boards of trustees of which the such department is the successor or to any of the institutions under its control;" PART II Department of Human Services. SECTION 2-1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Chapters 1 and 2, relating to general provisions on social services and the Department of Human Resources, respectively, as follows: "CHAPTER 1 49-1-1. As used in this title, the term: (1) 'Board' means the Board of Human Resources Services. (2) 'Commissioner' means the commissioner of human resources services. (3) 'County board' means a county or district board of family and children services. (4) 'County department' means a county or district department of family and children services. (5) 'County director' means the director of a county or district department of family and children services. (6) 'Department' means the Department of Human Resources Services. 49-1-2. All rules and regulations made by the Department of Human Resources Services shall be binding on the counties and shall be complied with by the respective county departments. 49-1-3. (a) Notwithstanding any other provisions of law, the Governor shall have the power by executive order to direct and implement such internal organization of the Department of Human Resources as he may determine necessary to improve the management and administration of the functions vested in the department, including the power to allocate within such organization the executive authority described in Code Section 49-2-1 with respect to any or any grouping of the functions of the department. For these purposes, the Governor shall have the power by executive order to redefine the department's substate structure and to direct the establishment of district health and welfare FRIDAY, APRIL 3, 2009 4333 organizations, as respectively described and with such powers and duties as set forth in Code Sections 31-3-15 and 49-3-1. The district director of a health district shall be a licensed physician. The district director and other executive staff of district health and welfare organizations shall hereafter be appointed by the department, provided that the department shall not appoint as a director of any such organization any person whose appointment is not approved by a majority of the respective district board concerned in a meeting of such board called for that purpose. (b) Any other provisions of this Code section to the contrary notwithstanding, any such reorganization plan shall provide for a county department of family and children services, a county board of family and children services, and a county director of family and children services in each county of this state. The county director shall be the executive officer of the county department who shall be responsible for operations and personnel. In addition to such other powers and authorities which may be delegated to county departments of family and children services, each county board and director of family and children services shall have the same powers, duties, and bond requirements as provided in Code Sections 49-3-2 through 49-3-5. (c) Notwithstanding any other provision of this Code section, the Governor shall not have the power by executive order to abolish any county board. (d) The Governor's power under this Code section shall expire on December 31, 1976, but the organization accomplished by executive order hereunder shall continue until altered in the manner provided by law. Reserved. 49-1-4. No individual, supervisor, or member of the Board of Human Resources Services or the county or district boards of family and children services having to do with the administration of this title shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any kind or character to any of the institutions to be benefited by this title. 49-1-5. (a) In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail or statutory overnight delivery, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or 4334 JOURNAL OF THE SENATE official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty. (b) In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal such director may have under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. 49-1-6. (a) Any charitable or nonprofit corporation which has been granted a charter or articles of incorporation under the laws of this state may transfer all or a part of its assets to the department upon such terms as may be agreed upon between such corporation and the department, provided such corporation shall first have obtained authority to make such transfer in accordance with this Code section. (b) Any such corporation may apply for authority to make such transfer by filing its petition with the superior court of the county in which such corporation has its principal office. Such application shall set forth the assets which the corporation desires to transfer to the department and the terms upon which it desires to transfer these assets. (c) Such corporation, once a week for four weeks prior to the filing of such petition, shall publish notice in the newspaper of the county in which is located the principal office of the corporation, such newspaper being the newspaper in which notices of sheriff's sales are advertised. The notice shall set forth the date, time, and place when such application will be presented, the court to which it will be presented, and the assets which such corporation desires to transfer to the department. (d) After a hearing, the court shall be authorized to grant the application and permit a transfer of the assets of the applicant upon terms as set out in the application or modified as the court may deem advisable, if the court considers this in the public interest; or the court may deny the application if the court deems such denial to be in the public interest. Where such corporation makes a transfer of all of its right, title, and interest in any of its assets to the department and such transfer is made pursuant to the authority of the court obtained in the manner provided for in this Code section, such transfer shall be conclusively deemed to be a proper and legal transfer. (e) Should such corporation desire to transfer all of its assets to the department, the court to which such application is presented may include in its order a provision that upon the transfer by such corporation of all of its assets to the department and upon compliance with Chapter 3 of Title 14, the charter or articles of incorporation of such corporation shall stand surrendered and the corporation dissolved. (f) Nothing contained in this Code section shall be considered as authorizing the department to accept a transfer of assets upon terms which would require the use of FRIDAY, APRIL 3, 2009 4335 them by the department in a manner not authorized by law. 49-1-7. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department. 49-1-8. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce. 49-1-9 49-1-7. (a) The General Assembly finds that it is in the best interest of the state to provide for programs for home delivered meals, transportation services for the elderly, and preschool children with special needs, including but not limited to disabled children, troubled children, school readiness programs, and other similar needs for the benefit of the citizens of Georgia. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs. (b) To support programs for home delivered meals, transportation services for the elderly, and preschool children with special needs which programs have been established or approved by the department or the Department of Community Health, the department may, without limitation, promote and solicit voluntary contributions through the income tax return contribution mechanism established in subsection (f) of this Code section, through offers to match contributions by any person with moneys appropriated or contributed to the department or the Department of Community Health for such programs, or through any fund raising or other promotional techniques deemed appropriate by the department or the Department of Community Health. (c) There is established a special fund to be known as the 'Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (f) of this Code 4336 JOURNAL OF THE SENATE section, and any other moneys contributed to this fund or to the home delivered meals, transportation services for the elderly, or preschool children with special needs programs of the department or the Department of Community Health and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through the Office Division of Aging Services in furtherance of home delivered meals and transportation services to the elderly programs and by the department Department of Community Health in furtherance of preschool children with special needs programs. (d) Following the transmittal of contributions to the department for deposit in the fund pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall be allocated as follows: (1) Fifty percent of the contributions to the fund shall be used for home delivered meals and transportation services to the elderly programs; and (2) Fifty percent of the contributions to the fund shall be transferred to the Department of Community Health to be used for preschool children with special needs programs. (e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for benefits and services and shall not be used for personnel or administrative positions. The department and the Department of Community Health shall each prepare, by February 1 of each year, an accounting of the funds received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report reports shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, to the members of the Board of Human Resources Services, and, upon request, to members of the public. (f)(1) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 1993, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund established in subsection (c) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to such fund may designate such contribution as provided in this Code section on the appropriate income tax return form. (2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this FRIDAY, APRIL 3, 2009 4337 voluntary contribution program, and shall transmit the balance to the department for deposit in the fund established in subsection (c) of this Code section; provided, however, the amount retained for administrative costs, including implementation costs, shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions. CHAPTER 2 ARTICLE 1 49-2-1. (a) There is created a Department of Human Resources Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Community Health or the Department of Behavioral Health and Developmental Disabilities, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009. (b) There is also created the position of commissioner of human resources services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. 49-2-2. (a) There is created a Board of Human Resources Services, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Human Resources Services created by Code Section 49-2-1. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Board of Community Health or the Board of Behavioral Health and Developmental Disabilities, are transferred to the Board of Human Services effective July 1, 2009, and the Board of Human Resources as it existed on June 30, 2009, shall be abolished effective July 1, 2009. The board shall consist of one member from each congressional district in the state and four at-large nine members appointed by the Governor and confirmed by the Senate. For this purpose, the congressional districts used shall be those specified in Code Section 21-1-2, as 4338 JOURNAL OF THE SENATE amended by Act No. 2EX11 of the second extraordinary 2001 session of the General Assembly and as thereafter amended by law. Seven members of the board shall be engaged professionally in rendering health services, and at least five of these seven members shall be licensed to practice medicine pursuant to Chapter 34 of Title 43. In appointing members to the board, the Governor shall take into account to the extent practicable all areas and functions encompassed by the department. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years; three members shall be appointed for four years; and the remaining members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (d)(e) There shall be a chairman chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (e) Those members engaged in rendering health services shall comprise no more than seven members of the total membership of the board. (f) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards. 49-2-2.1. (a) The Department of Human Services 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 Human Services pursuant to Code Section 49-2-1 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 Human Services pursuant to Code Section 49-2-1. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Human Services by proper authority or as otherwise provided by law. (b) 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 FRIDAY, APRIL 3, 2009 4339 Human Services pursuant to Code Section 49-2-1 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 Human Services. In all such instances, the Department of Human Services shall be substituted for the Department of Human Resources, and the Department of Human Services shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Human Services in similar capacities, as determined by the commissioner of human services. Such employees shall be subject to the employment practices and policies of the Department of Human Services 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 Human Services. (d) On July 1, 2009, the Department of Human Services shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1. 49-2-3. (a) Reserved. (b) The policy-making functions of the State Board for Children and Youth, contained in Ga. L. 1963, p. 81, are vested in the Board of Human Resources Services. (c)(b) The policy-making functions of the Commission on Aging, created in Ga. L. 1962, p. 604, are vested in the Board of Human Resources Services. 49-2-4. There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department. 49-2-5. The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised, and the department is empowered and 4340 JOURNAL OF THE SENATE authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly, the respective counties of the state, and the United States, through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title. 49-2-6. (a) The department shall administer or supervise all county departments of the state as provided in Chapter 3 of this title. (b) The department shall: (1) Administer or supervise: (A) All categories of public assistance established under Code Section 49-4-3; (B) The operation of state charitable and eleemosynary institutions; (C) Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and (D) Such other welfare activities or services as may be vested in it; (2) Cooperate in the supervision of all correctional activities, including the operation of all the penal and correctional institutions of the state, together with parole, supervising of probation services, segregation of first offenders, and the inspection of local jails; (3) Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state; (4)(3) Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45; (5)(4) Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title; (6)(5) Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (7)(6) Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts; (8)(7) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; (9)(8) Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof; (10)(9) Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with FRIDAY, APRIL 3, 2009 4341 such departments or subdivisions in any manner proper for carrying out the purposes of this title; and (11) Make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for the purposes of this title the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budge required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; and (12)(10) Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain selfcare, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses. 49-2-7. (a) The functions, duties, and authority of the Board of Public Welfare, established by Ga. L. 1919, p. 222, as amended, as transferred and vested in the Board of Control of Eleemosynary Institutions by Ga. L. 1931, p. 7, Section 44A, are vested in the Department of Human Resources Services. (b) The functions, duties, and authority of the Department of Family and Children Services, created in Ga. L. 1937, p. 355, as amended, are vested in the Department of Human Resources Services. (c) The functions of the State Board for Children and Youth, created in Ga. L. 1963, p. 81, except for the policy-making functions transferred to the Board of Human Resources, are vested in the Department of Human Resources Services. (d) Reserved. 4342 JOURNAL OF THE SENATE (e) The functions, duties, and authority of the State Commission on Aging, created in Ga. L. 1962, p. 602, except the policy-making functions transferred to the Board of Human Resources Services, are vested in the Department of Human Resources Services. 49-2-8. The five members of the board who are licensed to practice medicine pursuant to Chapter 34 of Title 43 shall pass upon and approve the professional qualifications of all physicians and medical doctors employed by the department. Reserved. 49-2-9. In administering any funds appropriated or made available to the department for welfare purposes, the department shall have the power: (1) To make use of all local processes to enforce the minimum standards prescribed under or pursuant to the laws providing for grants-in-aid; and (2) To administer and disburse any and all funds which may be allocated by any municipality of the state or private organization or society for such purposes as may be designated by such municipality or other agency. The department may use a reasonable percentage of such funds for administrative costs, not to exceed 10 percent of the total sum administered. 49-2-10. For the purpose of carrying out the duties and obligations of the department for performance of welfare services of the state, for administrative costs, for matching such federal funds as may be available for all of the aforesaid services, for the purpose of establishing an equalization fund to be used in assisting those counties which may be unable otherwise to bear their proportionate share of the expenses of administration and of dispensing the benefits provided for under this title, and for dispensing all of the benefits provided for under this title, the General Assembly shall make appropriations out of the general fund of the state or otherwise for the various and separate activities of the department. All funds appropriated or allocated to the department or to the county departments by the General Assembly, the fiscal authorities of the respective counties, and by the federal government through its appropriate agencies and instrumentalities are declared to be funds provided for a public purpose; and all appropriations provided for in this Code section and hereafter may be expended and distributed by the department for the purposes provided for under this title. 49-2-11. (a) Notwithstanding any provision in this title to the contrary, particularly Articles 2, 3, and 5 of Chapter 4 of this title, nothing therein contained shall be construed to prevent the acceptance of more than 50 percent federal matching funds. The department may accept and disburse the maximum percentage of federal grant-in-aid funds made available to this state by the federal government under any formula of variable grants or FRIDAY, APRIL 3, 2009 4343 other formula for the granting of federal grants-in-aid. (b) The department is authorized to comply with the requirements prescribed by Congress as conditions to federal grants. (c) To the end of empowering the department to comply with federal requirements and to effectuate the purposes of grant-in-aid welfare programs, the board is authorized to promulgate all necessary rules and regulations and the department is authorized to do all things necessary and proper for the securing of the maximum amount of such federal grants. (d) In the event that Congress appropriates funds for grants-in-aid to the state governments for the purpose of assisting them in the operation of general assistance programs, medical assistance programs, or any other welfare programs, the department is authorized to cooperate with the federal government in such programs, to accept funds from the federal government in the maximum amounts made available, to disburse them, and to comply with all requirements of the federal government necessary for the securing of such grant-in-aid funds. (e) Any state funds which are made available by appropriation to the department for matching federal funds shall be available to supply the state portion of expenditures for general assistance programs, medical assistance programs, or any other type welfare programs provided for by the federal government which benefit the citizens or residents of this state. (f) Notwithstanding subsections (a) through (e) of this Code section, the Department of Community Health shall be the single state agency for the administration of the state medical assistance plan. 49-2-12. (a) All divisions and sections within the department shall make an inventory of all the various vehicles to which the department holds title and shall investigate their utilization patterns in order to establish and develop a consolidated and coordinated transportation plan for the various human services programs of the department, including, but not limited to, those programs relating to the aged and to the mentally and physically disabled. (b) Other departments and agencies of the state shall cooperate with the Department of Human Resources Services in mutually beneficial agreements regarding the establishment and development of a coordinated transportation plan involving various vehicles to which the state has title. (c) The plan required to be developed under this Code section shall identify the fully allocated costs of the transportation component of their services and take into consideration various limitations on the expenditure of federal funds which may arise in any consolidated or coordinated transportation system. No later than June 30, 1980, a preliminary transportation plan shall be submitted by the department to the Human Relations and Aging Committee of the House of Representatives and the Education and Youth, Aging, and Human Ecology Committee of the Senate, which plan shall be revised and submitted to such committees every two years thereafter. 4344 JOURNAL OF THE SENATE 49-2-13. All divisions and sections within the department, in cooperation with the Department of Transportation, shall identify those areas of the state where the general transportation needs of the elderly and persons with disabilities are not and cannot be adequately served by bus service and community service centers furnishing transportation. In further cooperation with the Department of Transportation, the department shall identify alternatives for meeting the transportation needs of these persons and shall report to the committees specified in subsection (c) of Code Section 49-2-12 as required therein. Such alternative means to be considered for providing for the transportation needs of these persons should include, but shall not be limited to: (1) Contract service resulting from competitive bidding by private sector bus operators operating under Article 1 of Chapter 7 of Title 46; (2) Contract service resulting from competitive bidding by taxi operators; (3) Negotiated fee basis with municipal and area-wide transportation systems serving the general public; or (4) Any combination of above paragraphs (1) through (3) of this Code section. 49-2-13.1. (a) The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of the elderly or persons with disabilities, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section. (b) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section. 49-2-14. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the FRIDAY, APRIL 3, 2009 4345 judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department, and its contractors, and any district or county health agency. Such uniform method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department 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. (d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning children in the custody of the department or who are the subjects of a child protective services referral, complaint, or investigation and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment, department, or licensed child-placing agency file. Immediately following the employment decisions or upon receipt of the conviction data concerning any adult person who has contact with a child who is the subject of a child protective services referral, complaint, or investigation or who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) Notwithstanding the provisions of subsection (c) of this Code section, when a contractor to this department is a personal care home, the provisions of Code Sections 31-7-250 through 31-7-264 shall apply. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section. (g) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information 4346 JOURNAL OF THE SENATE which it may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation to the fullest extent permissible by federal and state law, including but not limited to Public Law 92-544. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprint cards fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such adult persons to the proper law enforcement agency when the department is considering placement of a child in exigent circumstances for a name based check of such adult person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such exigent circumstances, the department shall submit two complete sets of fingerprint cards fingerprints of those adult persons in the placement home, together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. Fingerprint cards The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-3-35. Following the submission of such fingerprint cards fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. In the event that a child has been placed in exigent circumstances, a name based records search has been requested for any adult person of the placement household, and that adult refuses to provide fingerprints after being requested to do so by the department, the child shall be immediately removed from the placement household by the department, provided that the child is in the custody of the department. (h) The department shall be authorized to conduct a name or descriptor based check of any adult person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation without the consent of such adult person and without fingerprint comparison to the fullest extent permissible by federal and state law. 49-2-14.1. (a) As used in this Code section, the term: FRIDAY, APRIL 3, 2009 4347 (1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses: (A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (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 child welfare agency required to be licensed under Code Section 49-5-12. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. 4348 JOURNAL OF THE SENATE (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: (A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means two sets of classifiable fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC both sets of the fingerprints and the records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and FRIDAY, APRIL 3, 2009 4349 fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the The GCIC, the department, any law enforcement agency, nor and the employees of any such entities shall not be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and 4350 JOURNAL OF THE SENATE the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of this title or Article 11 of Chapter 7 of Title 31. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section. 49-2-15. When any action is brought against the Department of Human Resources Services, the Board of Human Resources Services, the commissioner of human resources services, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner of human resources services personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice. 49-2-16. (a) There is created a Georgia Council for Welfare Administration. The objectives for of the council shall be: (1) To promote improvements in public welfare and social service programs of the Division of Family and Children Services within the Department of Human Resources Services; (2) To provide a forum for the interchange of information relating to welfare and social service programs; and (3) To promote with any organization exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986 a more efficient public welfare delivery system for the citizens of this state. (b) Membership in the council shall be open to persons actively employed in the Division of Family and Children Services within the Department of Human Resources Services. (c) No state funds shall be appropriated for the benefit or use of the council. (d) The council is authorized to adopt bylaws which prescribe its organizational structure, officers, terms and condition of office, meeting schedules, and such other organizational procedures as are necessary for its lawful and effective functioning. (e) The commissioner of human resources services shall call the initial meeting of the council at which time the council shall organize and select its officers. FRIDAY, APRIL 3, 2009 4351 49-2-17. (a) This Code section shall be applicable to any agency, facility, institution, or entity subject to regulation by the department under Chapter 5 of this title. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has: (1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. 4352 JOURNAL OF THE SENATE (d) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (e) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (f) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (g) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (h) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' FRIDAY, APRIL 3, 2009 4353 (l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (m) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section. ARTICLE 2 49-2-20. As used in this part, the term: (1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a residential child care licensing law. (2) 'Residential child care licensing law' means this chapter and Chapter 5 of this title and any rule or regulation duly promulgated thereunder. 49-2-21. The commissioner or the commissioner's designee, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this part. Such warrant shall authorize the commissioner or the commissioner's designee to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated pursuant to a residential child care licensing law. 49-2-22. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when the judge is satisfied that the following conditions are met: (1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this part. 49-2-23. The inspection warrant shall be validly issued only if it meets the following 4354 JOURNAL OF THE SENATE requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced. 49-2-24. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this part shall be competent as evidence in any criminal proceeding against any party. 49-2-25. The Department of Human Services is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of a residential child care licensing law as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs." SECTION 2-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Human Services": (1) Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or modification of license, permit, or certification for use and application of pesticides; (2) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (3) Code Section 12-6-49.1, relating to denial or suspension of license for noncompliance with child support order; (4) Code Section 15-11-8, relating to expenses charged to county and payment by parents on court order; (5) Code Section 15-11-14, relating to emergency care and supervision of a child by the Department of Human Resources; FRIDAY, APRIL 3, 2009 4355 (6) Code Section 15-11-15, relating to detainment of child in temporary protective custody of a physician; (7) Code Section 15-11-19, relating to the establishment of the Council of Juvenile Court Judges; (8) Code Section 15-11-55, relating to disposition of a deprived child; (9) Code Section 15-11-58, relating to reasonable efforts regarding reunification of family; (10) Code Section 15-11-71, relating to supervision fees for juvenile courts; (11) Code Section 15-11-103, relating to placement of a child following a termination order; (12) Code Section 15-11-171, relating to definitions relative to the "Georgia Child Advocate for the Protection of Children Act"; (13) Code Section 15-11A-4, relating to appointment of personnel to the Family Court Division of the Superior Court of Fulton County; (14) Code Section 15-18-14, relating to appointment of prosecuting attorneys; (15) Code Section 18-4-131, relating to definitions relative to continuing garnishment for family support; (16) Code Section 19-6-15, relating to child support in final verdict or decree; (17) Code Section 19-6-31, relating to definitions relative to income deduction orders; (18) Code Section 19-6-33.1, relating to the family support registry; (19) Code Section 19-6-51, relating to members of the Georgia Child Support Commission; (20) Code Section 19-7-5, relating to reporting of child abuse; (21) Code Section 19-7-6, relating to reporting of juvenile drug use; (22) Code Section 19-7-22, relating to petitions for legitimation of child; (23) Code Section 19-7-40, relating to jurisdiction and administrative determination of paternity; (24) Code Section 19-7-43, relating to petitions to establish paternity of a child; (25) Code Section 19-7-52, relating to whom support payments may be made; (26) Code Section 19-7-54, relating to motions to set aside determination of paternity; (27) Code Section 19-8-1, relating to definitions relative to adoption; (28) Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party; (29) Code Section 19-8-23, relating to where records of adoption are kept; (30) Code Section 19-8-26, relating to how surrender of parental rights is executed; (31) Code Section 19-9-122, relating to delegation of authority for the care of a minor child; (32) Code Section 19-9-129, relating to the power of attorney form for the care of a minor child; (33) Code Section 19-10A-5, relating to investigating and reporting utilization of provisions under the "Safe Place for Newborns Act of 2002"; 4356 JOURNAL OF THE SENATE (34) Code Section 19-10A-6, relating to reimbursement of medical costs under the "Safe Place for Newborns Act of 2002"; (35) Code Section 19-11-3, relating to definitions relative to the "Child Support Recovery Act"; (36) Code Section 19-11-9.1, relating to duty to furnish information about obligor to the Department of Human Resources; (37) Code Section 19-11-9.2, relating to duty of employers to report hiring or rehiring of persons; (38) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; (39) Code Section 19-11-18, relating to collection procedures for child support payments in arrears; (40) Code Section 19-11-30.1, relating to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (41) Code Section 19-11-30.2, relating to definitions relative to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (42) Code Section 19-11-30.3, relating to the responsibility of the Department of Human Resources Bank Match Registry; (43) Code Section 19-11-58, relating to the Department of Human Resources designated as the state information agency under the "Uniform Reciprocal Enforcement of Support Act"; (44) Code Section 19-11-102, relating to designated tribunals under the "Uniform Interstate Family Support Act"; (45) Code Section 19-11-110, relating to jurisdiction under the "Uniform Interstate Family Support Act"; (46) Code Section 19-11-127, relating to authority of district attorney to represent the Department of Human Resources in a proceeding under the "Uniform Interstate Family Support Act"; (47) Code Section 19-11-129, relating to the Department of Human Resources as the state information agency under the "Uniform Interstate Family Support Act"; (48) Code Section 19-13-20, relating to definitions relative to family violence shelters; (49) Code Section 19-15-2, relating to child abuse protocol committees; (50) Code Section 19-15-3, relating to county multiagency child fatality review committees; (51) Code Section 20-1A-60, relating to definitions relative to the Georgia Child Care Council; (52) Code Section 20-2-133, relating to free public instruction for children in elementary and secondary education; (53) Code Section 20-2-250, relating to projects to improve effectiveness in elementary and secondary education; (54) Code Section 20-2-696, relating to duties of visiting teachers and attendance officers; FRIDAY, APRIL 3, 2009 4357 (55) Code Section 20-3-660, relating to creation of a program of postsecondary grants for foster children and adopted children; (56) Code Section 29-4-2, relating to qualifications of guardians selected for adults; (57) Code Section 29-4-3, relating to order of preference in selection of guardians; (58) Code Section 29-9-10, relating to oath by a duly appointed delegate of the Department of Human Resources; (59) Code Section 29-10-3, relating to qualifications and requirements of public guardians; (60) Code Section 29-10-4, relating to registration of public guardians with the probate court; (61) Code Section 29-10-10, relating to compensation of public guardians; (62) Code Section 29-10-11, relating to appropriation of funds for compensation of public guardians in certain circumstances; (63) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (64) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (65) Code Section 30-5-3, relating to definitions relative to the "Disabled Adults and Elder Persons Protection Act"' (66) Code Section 30-5-10, relating to cooperative effort in development of programs relating to the abuse and exploitation of persons 65 years of age or older; (67) Code Section 31-7-282, relating to collection and submission of health care data; (68) Code Section 31-8-52, relating to the establishment of a long-term care ombudsman program; (69) Code Section 31-8-116, relating to involuntary transfer of residents discharged from a long-term care facility; (70) Code Section 31-10-9.1, relating to social security account information of parents with respect to vital records; (71) Code Section 34-8-199, relating to uncollected overissuance of food stamp coupons; (72) Code Section 39-4-1, relating to the definition of "appropriate public authority" with respect to the Interstate Compact on the Placement of Children; (73) Code Section 39-4-2, relating to the definition of "appropriate authority in the receiving state" with respect to the Interstate Compact on the Placement of Children; (74) Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees; (75) Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order; (76) Code Section 42-1-12, relating to the state sexual offender registry; (77) Code Section 42-9-58, relating to effect of state pardons and paroles laws on other laws respecting parole and probation; (78) Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses by a professional licensing board; (79) Code Section 45-9-4, relating to the commissioner of administrative services to 4358 JOURNAL OF THE SENATE purchase insurance or indemnity contracts; (80) Code Section 45-13-22, relating to distribution of Georgia Laws and journals of the House of Representatives and Senate; (81) Code Section 46-4-152, relating to definitions relative to the "Natural Gas Competition and Deregulation Act"; (82) Code Section 46-4-158.3, relating to adequate and accurate consumer information disclosure statements; (83) Code Section 48-7-29.15, relating to a tax credit for the adoption of a foster child; (84) Code Section 49-3-1, relating to establishment of county and district departments, boards, and directors; (85) Code Section 49-3-3, relating to appointment of county director; bond of county director; (86) Code Section 49-3-4, relating to appointment of staff, salaries, and power of the commissioner of human resources to transfer employees; (87) Code Section 49-3-6, relating to functions of county departments of family and children services; (88) Code Section 49-4-2, relating to definitions relative to public assistance; (89) Code Section 49-4-3, relating to establishment of categories of public assistance; (90) Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistance; (91) Code Section 49-4-8, relating to applications for public assistance; (92) Code Section 49-4-9, relating to investigation and record concerning application for public assistance; (93) Code Section 49-4-14, relating to regulations as to records relating to public assistance; (94) Code Section 49-4-36, relating to payment of assistance for needy individuals who are 65 years of age or older after recipient moves to another county; (95) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (96) Code Section 49-4-56, relating to reexamination of recipient's eyesight under the "Aid to the Blind Act"; (97) Code Section 49-4-60, relating to payment of assistance for needy blind individuals after recipient moves to another county; (98) Code Section 49-4-85, relating to payment of assistance for needy individuals who are totally and permanently disabled after recipient moves to another county; (99) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program; (100) Code Section 49-4-171, relating to a hearing on the petition for a personal representative to manage assistance payments; (101) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (102) Code Section 49-4-183, relating to administration of the temporary assistance FRIDAY, APRIL 3, 2009 4359 for needy families program by the Department of Human Resources; (103) Code Section 49-4-190, relating to construction of the laws relating to the temporary assistance for needy families program; (104) Code Section 49-5-4, relating to the coordination of other state departments, agencies, officers, and employees for children and youth services; (105) Code Section 49-5-7, relating to development and administration of public child welfare and youth services; (106) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources with respect to programs and protection for children and youth; (107) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; (108) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records; (109) Code Section 49-5-41.1, relating to inspection and retention of records of juvenile drug use; (110) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (111) Code Section 49-5-130, relating to legislative findings and intent relative to the Governor's Office for Children and Families; (112) Code Section 49-5-154, relating to study of youth needs for delinquency prevention and community based services; (113) Code Section 49-5-180, relating to definitions relative to a central child abuse registry; (114) Code Section 49-5-281, relating to the bill of rights for foster parents; (115) Code Section 49-6-20, relating to the creation of the Council on Aging; (116) Code Section 49-6-61, relating to definitions relative to community care and services for the elderly; (117) Code Section 49-6-72, relating to definitions relative to the "Georgia Family Caregiver Support Act"; (118) Code Section 50-5-136, relating to the powers and authority of the State Use Council; and (119) Code Section 50-27-55, relating to setoff of debt collection against lottery prizes applicable to prizes of $5,000.00 or more. SECTION 2-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Human Services": (1) Code Section 9-10-152, relating to grounds for continuance in any case pending in the courts of this state for attendance by a board member at meeting of Board of Human Resources; (2) Code Section 17-8-30, relating to grounds for granting of continuances in any case pending in the courts of this state for party or party's counsel in attendance as a 4360 JOURNAL OF THE SENATE board member at meeting of Board of Human Resources; (3) Code Section 19-11-5, relating to debt to state created by payment of public assistance under the "Child Support Recovery Act"; (4) Code Section 30-5-6, relating to cooperation of other public agencies with the director of the Division of Aging Services of the Department of Human Resources under the "Disabled Adults and Elder Persons Protection Act"; (5) Code Section 45-10-40, relating to prohibitions on contracting with state institutions; (6) Code Section 45-10-41, relating to penalty for profiting from contracts with state institutions generally; (7) Code Section 49-3-6, relating to functions of county departments of family and children services; (8) Code Section 49-4-11, relating to award and payment of public assistance to needy persons; (9) Code Section 49-4-12, relating to periodic redetermination of public assistance awards; (10) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (11) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (12) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (13) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; and (14) Code Section 49-6-62, relating to the establishment of community care unit in the Division of Aging Services of the Department of Human Resources. SECTION 2-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of human services": (1) Code Section 19-8-16, relating to investigation by child-placing agency or other agent with respect to adoption; (2) Code Section 19-8-23, relating to where records of adoption are kept; (3) Code Section 19-11-9, relating to location of absent parents by the Department of Human Resources with respect to the "Child Support Recovery Act"; (4) Code Section 19-11-11, relating to issuance of subpoenas by the Department of Human Resources with respect to the "Child Support Recovery Act"; (5) Code Section 19-11-18, relating to collection procedures with respect to the "Child Support Recovery Act"; (6) Code Section 19-11-30.6, relating to reciprocal agreements with other states with respect to the "Child Support Recovery Act"; (7) Code Section 19-11-30.7, relating to construction of the "Child Support Recovery FRIDAY, APRIL 3, 2009 4361 Act"; (8) Code Section 19-11-30.8, relating to annual reports with respect to the "Child Support Recovery Act"; (9) Code Section 19-11-30.9, relating to information subject to disclosure with respect to the "Child Support Recovery Act"; (10) Code Section 19-11-30.11, relating to fee on levied accounts with respect to the "Child Support Recovery Act"; (11) Code Section 20-1A-61, relating to the members of the Child Care Council; (12) Code Section 28-5-60, relating to creation of the Claims Advisory Board; (13) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (14) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (15) Code Section 31-8-53, relating to duties of the state long-term care ombudsman; (16) Code Section 45-7-7, relating to compensation and allowances of certain public officials not to be changed without giving public notice; (17) Code Section 45-9-4, relating to commissioner of administrative services to purchase insurance or indemnity contracts insuring or indemnifying state officers, officials, or employees against personal liability; (18) Code Section 49-3-3, relating to appointment of the director of each county board of family and children services; (19) Code Section 49-3-4, relating to appointment of the staff of each county board of family and children services; (20) Code Section 49-4-15.1, relating to examination of financial records in instances of alleged fraud by recipients of food stamps and public assistance; (21) Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice; (22) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (23) Code Section 49-8-3, relating to definitions relative to "The Economic Rehabilitation Act of 1975"; (24) Code Section 50-5-69, relating to state purchases without competitive bidding; and (25) Code Section 50-5-135, relating to the creation of the State Use Council. SECTION 2-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Office of Aging" or "Office of Aging Section" wherever it occurs with "Division of Aging Services": (1) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (2) Code Section 49-6-5, relating to the creation of the Office of Aging Section within the Department of Human Resources; and (3) Code Section 49-6-20, relating to the creation of the Council on Aging. 4362 JOURNAL OF THE SENATE SECTION 2-6. Code Section 10-1-395 of the Official Code of Georgia Annotated, relating to the appointment and duties of the administrator and the creation of the Consumer Advisory Board, is amended by revising subsection (a) as follows: "(a) The administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the administrator shall be attached to the office of the Governor for administrative purposes only. The administrator shall perform all functions formerly performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources (now known as the Department of Human Services)." SECTION 2-7. Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to commitment of child 13 to 17 years of age to custody of Department of Corrections, is amended by revising paragraph (2) of subsection (e) as follows: "(2) During the placement or any extension thereof: (A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or such commissioner's designated deputy; (B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Resources Services, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities; (C) The child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and (D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and" SECTION 2-8. Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to definitions relative to child abuse, is amended by revising paragraph (4) as follows: FRIDAY, APRIL 3, 2009 4363 "(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Resources Services or any county board of health, community service board, or county department of family and children services." SECTION 2-9. Code Section 20-1A-3 of the Official Code of Georgia Annotated, relating to the commissioner and board of the Department of Early Care and Learning, is amended by revising subsection (d) as follows: "(d) The board shall determine policies and promulgate rules and regulations for the operation of the department including: (1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; (3) Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17." SECTION 2-10. Code Section 20-1A-4 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Early Care and Learning, is amended by revising paragraph (8) as follows: "(8) To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8;" SECTION 2-11. Code Section 20-1A-8 of the Official Code of Georgia Annotated, relating to the transfer of functions, powers, personnel, equipment, and assets from Department of Human Resources to the Department of Early Care and Learning, is amended by revising subsections (a) and (b) as follows: "(a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources (now known as the Department of Human Services) for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department 4364 JOURNAL OF THE SENATE and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources, (now known as the Department of Human Services) which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004." SECTION 2-12. Code Section 20-1A-9 of the Official Code of Georgia Annotated, relating to the authority to license and regulate day-care centers, group day-care homes, and family daycare homes transferred to the Department of Early Care and Learning, is amended as follows: "20-1A-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board." SECTION 2-13. Code Section 24-9-101, of the Official Code of Georgia Annotated, relating to definitions relative to use of sign language and intermediary interpreter in administrative and judicial FRIDAY, APRIL 3, 2009 4365 proceedings, is amended by revising paragraph (2) as follows: "(2) 'Department' means the Department of Human Resources Labor." SECTION 2-14. Code Section 30-5-7 of the Official Code of Georgia Annotated, relating to confidentiality of public records for the protection of disabled adults and elder persons, is amended as follows: "30-5-7. All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. Nothing in this Code section shall be construed to deny state agencies participating in joint investigations at the request of and with the department or to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an elder person is a victim from having access to such records. SECTION 2-15. Chapter 4 of Title 31 of the Official Code of Georgia Annotated, relating to the Council on Maternal and Infant Health, is repealed in its entirety and reserved. SECTION 2-16. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to definitions relative to the long-term care ombudsman, is amended by adding a new paragraph to read as follows: "(1.1) 'Department' means the Department of Human Services." SECTION 2-17. Code Section 34-15-2 of the Official Code of Georgia Annotated, relating to the July 2001 transfer of the Division of Rehabilitation Services to the Department of Labor, is amended by revising subsection (a) as follows: "(a) The Division of Rehabilitation Services within the Department of Human Resources (now known as the Department of Human Services), including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Board of Human Resources (now known as the Board of Human Services) or the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001." 4366 JOURNAL OF THE SENATE SECTION 2-18. Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, is amended by revising paragraphs (14) and (33) of subsection (o) as follows: "(14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Services to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population." "(33) A special license plate supporting programs for the treatment of autism. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Behavioral Health and Developmental Disabilities for the support of programs for the treatment of autism in Georgia." SECTION 2-19. Code Section 45-20-90 of the Official Code of Georgia Annotated, relating to definitions relative to random drug testing of public employees in high-risk jobs, is amended by revising paragraph (2) as follows: "(2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources State Personnel Board." SECTION 2-20. Code Section 46-1-5 of the Official Code of Georgia Annotated, relating to duties of the Department of Human Resources with regard to assistance to low or fixed income consumers of gas and electric service, is amended as follows: "46-1-5. By March 2, 1982, the Department of Human Resources (now known as the Department of Human Services) shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion, should benefit from public assistance in paying their bills for gas and electric service. The department shall also establish an efficient and economical method for distributing to such consumers all public assistance funds which will be made available, whether by appropriations of state or federal funds, grants, or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its program. Nothing in this Code section shall limit the commission's authority to order regulatory alternatives which assist low or fixed income ratepayers." SECTION 2-21. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to setoff debt collection, is amended as follows: FRIDAY, APRIL 3, 2009 4367 "48-7-161. As used in this article, the term: (1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Resources Services and the Department of Behavioral Health and Developmental Disabilities with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section 49-4-15, and Chapter 9 of Title 37; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult. (2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, any sum which is due and owing any person and is enforceable by the Department of Human Resources Services pursuant to subsection (b) of Code Section 19-11-8, or any sum of restitution or reparation due pursuant to a sentence imposed on a person convicted of a crime and sentenced to restitution or reparation and probation. (3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy. (4) 'Refund' means the Georgia income tax refund which the department determines to be due any individual taxpayer." SECTION 2-22. Code Section 49-4A-5 of the Official Code of Georgia Annotated, relating to transfer of 4368 JOURNAL OF THE SENATE functions and employees of the Division of Youth Services, is amended by revising subsection (b) as follows: "(b) Any employees of the Department of Juvenile Justice who became so employed by virtue of their transfer from the Division of Youth Services of the Department of Human Resources (now known as the Department of Human Services) on June 30, 1992, shall retain their compensation and benefits and such may not be reduced. Transferred employees who were subject to the State Merit System of Personnel Administration 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 July 1, 1992, 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, 1992. Accrued annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department." SECTION 2-23. Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions relative to employees' record checks for day-care centers, is amended by revising paragraph (1) as follows: "(1) 'Center' means a child-caring institution or child-placing agency child welfare agency, as defined in subsection (a) of Code Section 49-5-12, which is required to be licensed or registered under Article 1 of this chapter." SECTION 2-24. Code Section 49-5-69.1 of the Official Code of Georgia Annotated, relating to fingerprint and preliminary records check for foster homes, is amended as follows: "49-5-69.1. (a) No licensed child-placing agency child welfare agency, as defined in this chapter subsection (a) of Code Section 49-5-12, shall place a child in a foster care home unless the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have received a satisfactory preliminary records check determination. Additionally, no child shall continue to be placed in such foster care home unless the foster parent or parents also subsequently receive a satisfactory fingerprint records check determination. A child-placing agency child welfare agency or any applicant for a license for such an agency shall be required to submit to the department a preliminary records check application and a records check application for the foster parent or parents of any foster care home used by the agency and a preliminary records check application for any other adult persons that reside in the home or provide care to children placed in the home. In lieu of such applications, the agency or license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months such foster parent or parents or other adult persons have received a satisfactory fingerprint records check determination or a FRIDAY, APRIL 3, 2009 4369 satisfactory preliminary records check determination. (b) After receiving or obtaining the fingerprint records check determinations or the preliminary records check determinations, the department shall notify in writing the agency or license applicant as to each person for whom an application was received regarding whether the department's determinations were satisfactory or unsatisfactory. If any such determinations are unsatisfactory, such homes shall not be used by the child-placing agency child welfare agency as foster care homes. (c) The department shall have the authority to take any of the actions enumerated in subsection (c) of Code Section 31-2-6 49-2-17 if a licensed child-placing agency child welfare agency or an applicant for such a license violates any provision of this Code section. (d) An executive director of a child-placing agency child welfare agency that uses a foster care home with a foster parent or parents or other adult persons referenced in this Code section whom the executive director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor. (e) In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation of a foster home or to serve as foster parents as provided in this article. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the Federal Bureau of Investigation." SECTION 2-25. Code Section 49-6-60 of the Official Code of Georgia Annotated, relating to legislative intent for community care and services for the elderly, is amended as follows: "49-6-60. The purpose of this article is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various community-based community based services. In recognition of the desire of older Georgians to reside at home or with their families as long as possible, the General Assembly intends that a continuum of care be established so that functionally impaired elderly persons age 60 and older may be assured the least restrictive environment suitable to their needs. The General Assembly further intends to maximize the utilization of existing community social and health services in order to prevent unnecessary placement of individuals in long-term care facilities. The development of innovative approaches to program management, staff training, and service delivery that impact on cost avoidance, cost effectiveness, and program efficiency shall be encouraged. It is further the intent of the General Assembly that the Department of Human Resources (now known as the Department of Human Services) shall serve as the agency responsible for planning and implementing the provision of community-based community based services to the elderly reimbursable under the 'Georgia Medical Assistance Act of 1977.'" 4370 JOURNAL OF THE SENATE SECTION 2-26. Code Section 49-8-4 of the Official Code of Georgia Annotated, relating to administration of "The Economic Rehabilitation Act of 1975," is amended by revising subsection (a) as follows: "(a) For purposes of administration, responsibility for the coordination of community services and fiscal accountability shall be determined by the commissioner of human resources services. SECTION 2-27. Code Section 50-5-136 of the Official Code of Georgia Annotated, relating to the powers and authority of the State Use Council, is amended by revising paragraph (4) of subsection (b) as follows: "(4) To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources (now known as the commissioner of human services for these purposes) as of February 8, 1994, shall not have to undergo the certification evaluation and approval process until 24 months from February 8, 1994;" PART III Department of Behavioral Health and Developmental Disabilities. SECTION 3-1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Chapter 1 and Article 1 of Chapter 2, relating to general provisions and administration of mental health, developmental disabilities, addictive diseases, and other disability services, respectively, as follows: "CHAPTER 1 ARTICLE 1 37-1-1. As used in this title, the term: (1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse a chronic, often relapsing, brain disease FRIDAY, APRIL 3, 2009 4371 that causes compulsive alcohol or drug seeking and use despite harmful consequences to the individual who is addicted and to those around him or her. (2) 'Board' means the Board of Human Resources Behavioral Health and Developmental Disabilities;. (3) 'Commissioner' means the commissioner of human resources behavioral health and developmental disabilities. (4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (5) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2. (6) 'County board of health' means a county board of health established in accordance with Chapter 3 of Title 31 and includes its duly authorized agents. (7) 'Department' means the Department of Human Resources Behavioral Health and Developmental Disabilities and includes its duly authorized agents and designees. (8) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (8) 'Developmental disability' means a severe, chronic disability of an individual that: (A) Is attributable to a significant intellectual disability, or any combination of a significant intellectual disability and physical impairments; (B) Is manifested before the individual attains age 22; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities: (i) Self-care; (ii) Receptive and expressive language; (ii) Learning; (iv) Mobility; (v) Self-direction; and (vi) Capacity for independent living; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated. (9) 'Disability' means: (A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease. (10) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (11) 'Disabled' means any person or persons having a disability. (12) 'Mentally ill' means having a mental illness. (13) 'Mental illness' means a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary 4372 JOURNAL OF THE SENATE demands of life. (9)(14) 'Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff. (10)(15) 'Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution. (11)(16) 'Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43. (12)(17) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 4339-1. (13)(18) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (14)(19) 'Regional coordinator' means an employee of the department who acts as the department's agent and designee to manage community and hospital services for consumers of disability services within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(20) 'Regional office' means a Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources an office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the department and serve as the entity for the administration of disability services in a region. (16)(21) 'Regional planning board' means a mental health, developmental disabilities, and addictive diseases planning board established in accordance with Code Section 37-2-4.1. (17)(22) 'Regional services administrator' means an employee of the department who, under the supervision of the regional coordinator, manages the purchase or authorization of services, or both, for consumers of disability services, the assessment and coordination of services, and ongoing monitoring and evaluation of services provided within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (18)(23) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (19)(24) 'Resident' means a person who is a legal resident of the State of Georgia. (25) 'State mental health facility' means, for purposes of this title and Title 31, a hospital, inpatient unit, or other institution operated by or under contract with the FRIDAY, APRIL 3, 2009 4373 department for its operation, including the replacement or reorganization of the facility. 37-1-2. (a) The General Assembly finds that the state has a need to continually improve its system for providing effective, efficient, and quality mental health, developmental disability, and addictive disease services. The General Assembly also finds that the needs of the publicly funded mental health, developmental disability, and addictive disease system and the state can best be met through reorganizing the regional mental health, mental retardation, and substance abuse boards and certain functions of the Department of Human Resources. Further, the General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of individuals with mental health, developmental disability, or addictive disease needs and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles which include, but are not limited to, the following: (1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services; (2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration; (3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need; (4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness; (5) Planning should reside begin at the local level, with the primary authority vested in and include local government, consumers, families, advocates, and other interested local parties; (6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable; (7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction; (8) The functions of service planning, coordination, contracting, resource allocation, and consumer assessment should be separated from the actual treatment, habilitation, and prevention services provided by contractors; (9) Consumers and families should have a single, community based point of entry into the system; (10) Consumers, staff, providers, and regional planning board and community service 4374 JOURNAL OF THE SENATE board members should receive ongoing training and education and should have access to key management resources such as information systems and technical and professional support services; and (11) The department is responsible for ensuring the appropriate use of state, federal, and other funds to provide quality services for individuals with mental health, developmental disabilities, or addictive disease needs who are served by the public system and to protect consumers of these services from abuse and maltreatment. (b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for mental health, developmental disability, and addictive disease programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible. (c) The purpose of this chapter and Chapter 2 of this title is to provide for a comprehensive and improved mental health, developmental disability, and addictive disease services planning and delivery system in this state which will develop and promote the essential public interests of the state and its citizens. The provisions of this chapter and Chapter 2 of this title shall be liberally construed to achieve their purposes. 37-1-3. (a) There is created the Board of Behavioral Health and Developmental Disabilities which shall establish the general policy to be followed by the Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, with regard to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Board of Behavioral Health and Developmental Disabilities effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. FRIDAY, APRIL 3, 2009 4375 (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards. 37-1-4. (a) There is created a Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Department of Behavioral Health and Developmental Disabilities effective July 1, 2009. (b) There is created the position of commissioner of behavioral health and developmental disabilities. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (c) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department. 37-1-5. (a) The Department of Behavioral Health and Developmental Disabilities 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 Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4 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 Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Behavioral Health and Developmental Disabilities by proper authority or as otherwise provided by law. (b) 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 Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4 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 Behavioral Health and Developmental Disabilities. In all such instances, the Department of Behavioral Health and Developmental Disabilities shall be substituted 4376 JOURNAL OF THE SENATE for the Department of Human Resources, and the Department of Behavioral Health and Developmental Disabilities shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Behavioral Health and Developmental Disabilities in similar capacities, as determined by the commissioner of behavioral health and developmental disabilities. Such employees shall be subject to the employment practices and policies of the Department of Behavioral Health and Developmental Disabilities 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 Behavioral Health and Developmental Disabilities. (d) On July 1, 2009, the Department of Behavioral Health and Developmental Disabilities shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4. ARTICLE 2 37-1-20. (a) The Division of Mental Health, Developmental Disabilities, and Addictive Diseases shall be a division of the department and shall be managed by a director whose qualifications meet standards set by the board. (b) The department, through the division, shall: (1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care, and treatment, and rehabilitation; recovery; and social, employment, housing, and community supports and services based on single or co-occurring diagnoses provided by the institutions, contractors, and programs under its control, management, or supervision; (3) Plan for and implement the coordination of mental health, developmental disability, and addictive disease services with physical health services, and the FRIDAY, APRIL 3, 2009 4377 prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that the public and private providers of any of these services that receive state support notify other providers of services to the same patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering; (4) Ensure that providers of mental health, developmental disability, or addictive disease services coordinate with providers of primary and specialty health care so that treatment of conditions of the brain and the body can be integrated to promote recovery, health, and well-being; (3)(5) Have authority to contract for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services, and choice of providers for consumers, and to comply with the applicable federal laws, rules, and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (4)(6) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; (5)(7) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health and addictive disease recovery; (6)(8) Assign specific responsibility to one or more units of the division department for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (7)(9) Establish a system for regional administration of mental health, developmental disability, and addictive disease services in institutions and in the community under the supervision of a regional coordinator; (8)(10) Make and administer budget allocations to regional offices of the division established by the board pursuant to Code Section 37-2-4.1 to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (9)(11) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (10)(12) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (11)(13) Disseminate information about available services and the facilities through which such services may be obtained; (12)(14) Supervise the regional office's exercise of its responsibility and authority 4378 JOURNAL OF THE SENATE concerning funding and delivery of disability services; (13)(15) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (14)(16) Supervise the regional offices concerning making administration of contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the division department and the regional offices; (15)(17) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the division department, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the division; department; (16)(18) Classify 'community living arrangements' and 'host homes' host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. As used in this Code section, the term: (A) 'Community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage. (B) 'Host 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the division department. The division department shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; and (17)(19) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements.; (c) The department shall: FRIDAY, APRIL 3, 2009 4379 (1)(20) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division commissioner regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; (21) With respect to housing opportunities for persons with mental illness and cooccurring disorders: (A) Coordinate the department's programs and services with other state agencies and housing providers; (B) Facilitate partnerships with local communities; (C) Educate the public on the need for supportive housing; (D) Collect information on the need for supportive housing and monitor the benefit of such housing; and (E) Identify and determine best practices for the provision of services connected to housing; (2)(22) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; (3)(23) Assign specific responsibility to one or more units of the division department for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs; and (24) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary. (4) Classify and license community living arrangements, as defined in paragraph (16) of subsection (b) of this Code section, in accordance with the rules and regulations promulgated by the department for the licensing of community living arrangements and the enforcement of licensing requirements. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-6 and 317-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable. 37-1-21. (a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities; state hospitals for the treatment of tubercular patients; programs for the care, custody, 4380 JOURNAL OF THE SENATE and treatment of addictive disease; and other facilities, institutions, or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties: (1) To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries as provided for by the pay plan covering positions under the State Merit System of Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the commissioner shall not be subject to the State Merit System of Personnel Administration or the rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (2) To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program; (3) To bring suit in its name for any claims which any such facility or institution may have, however arising; (4) To appoint police of such facilities, institutions, or programs who are authorized, while on the grounds or in the buildings of the respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated. If because of the contagious or infectious nature of the disease of persons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as provided in other cases. After trial and conviction of any such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution, or program; and (5) To have full authority to receive and treat patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section. (b) The board is empowered to prescribe all rules and regulations for the management of such facilities, institutions, and programs not conflicting with the law. FRIDAY, APRIL 3, 2009 4381 37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental health, developmental disabilities, and addictive diseases programs. 37-1-23. The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and the division are is directed to make the board's and the department's rules available for distribution. 37-1-24. No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function. 37-1-25. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department. 37-1-26. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce. 37-1-27. (a) The General Assembly makes the following findings: (1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease 4382 JOURNAL OF THE SENATE combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the department. (c) The department, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the Division of Aging Services and Division of Family and Children Services of the Department of Human Services, the Department of Community Health, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the department in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external causes of injury; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall coordinate with and receive technical assistance from epidemiologists and other staff of the Division of Public Health of the Department of Community Health to support the research and outreach efforts related to this program. 37-1-28. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that FRIDAY, APRIL 3, 2009 4383 is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department and its contractors. Such uniform method shall require the submission to the Georgia Crime Information Center of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department 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. (d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning individuals in the care of the department and shall be privileged and shall not be released or otherwise disclosed to any other person or agency. Immediately following the employment decisions or upon receipt of the conviction data, all such conviction data collected by the department or its agent shall be maintained by the department or agent pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) The department may promulgate written rules and regulations to implement the provisions of this Code section. (f) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any person in the care of the department. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search 4384 JOURNAL OF THE SENATE of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such persons to the proper law enforcement agency for a name based check of such person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such circumstances, the department shall submit fingerprints of those persons together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-335. Following the submission of such fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. (g) The department shall be authorized to conduct a name or descriptor based check of any person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who provides care or is in contact with persons under the care of the department without the consent of such person and without fingerprint comparison to the fullest extent permissible by federal and state law. ARTICLE 3 37-1-40. All rules and regulations of the Board of Human Resources Behavioral Health and Developmental Disabilities shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' ARTICLE 4 37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act. (b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing. 37-1-51. Reserved. 37-1-52. Reserved. FRIDAY, APRIL 3, 2009 4385 37-1-53. Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7166, and 37-7-167. ARTICLE 5 Part 1 37-1-70. As used in this chapter part, the term: (1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a 'public mental health law.' (2) 'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder. 37-1-71. The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title. 37-1-72. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when he the judge is satisfied that the following conditions are met: (1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing 4386 JOURNAL OF THE SENATE that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this chapter part. 37-1-73. The inspection warrant shall be validly issued only if it meets the following requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced. 37-1-74. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter part shall be competent as evidence in any criminal proceeding against any party. Part 2 37-1-90. The Department of Human Resources Behavioral Health and Developmental Disabilities is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs. Part 3 37-1-100. Any person violating the provisions of this title shall be guilty of a misdemeanor. FRIDAY, APRIL 3, 2009 4387 CHAPTER 2 ARTICLE 1 37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or developmentally disabled including individuals with epilepsy, cerebral palsy, autism, and other neurologically disabling conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the policy of this state to provide adequate mental health, developmental disability, addictive disease, and other disability services to all its citizens. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private. (c) It is the purpose of this chapter to enable and encourage the development of comprehensive, preventive, early detection, habilitative, rehabilitative, and treatment disability services; to improve and expand community programs for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities. (d) The provisions of this chapter shall be liberally construed to achieve the objectives set forth in this Code section. 37-2-2. As used in this chapter, the term: (1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse. (2)(1) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (2.1)(2) 'Community service board area' means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the division department pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (2.2)(3) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section. (4) 'Council' means the Behavioral Health Coordinating Council established pursuant to Code Section 37-2-4. (4) 'Developmental disability' includes mental retardation and other neurologically 4388 JOURNAL OF THE SENATE disabling conditions, including epilepsy, cerebral palsy, and autism, which require treatment similar to that for individuals with mental retardation. (5) 'Director' means the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (6) 'Disability' means: (A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease. (7) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (8) 'Disabled' means any person or persons having a disability. (9) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (5) 'Health services' means any education or service provided by the department, the Department of Community Health, or the Department of Human Services, either directly or by contract. (10)(6) 'Hospital' means a state owned or state operated facility providing services which include, but are not limited to, inpatient care and the diagnosis, care, and treatment or habilitation of the disabled. Such hospital may also provide or manage state owned or operated programs in the community. (11) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (12) 'Regional office' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the division which shall serve as the entity for the administration of disability services in a region. (13) 'Regional planning board' means a regional mental health, developmental disabilities, and addictive diseases board established in accordance with Code Section 37-2-4.1. 37-2-2.1. The Department of Human Resources shall have a Division of Mental Health, Developmental Disabilities, and Addictive Diseases. 37-2-3. (a) The board shall designate boundaries for mental health, developmental disabilities, and addictive diseases regions and may modify the boundaries of such regions from time to time as deemed necessary by the board. (b) The division department, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment of community service boards within this state for the purpose of delivering disability FRIDAY, APRIL 3, 2009 4389 services. The division department shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The division department, with the approval of the commissioner, is authorized to redesignate two or more contiguous community service board areas as a single community service board area upon the request of the community service boards serving such areas; and, if so authorized, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area. (c) To the extent practicable, the boundaries for regional planning boards and offices and community service areas shall not subdivide any county unit or conflict with any districts established by the department Department of Community Health and the state relating to the planning for, or delivery of, health services. In dividing the state into areas, the board, and the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services. 37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Developmental Disabilities, and Addictive Diseases, referred to in this chapter as the 'Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member. There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health and developmental disabilities; the commissioner of community health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a 4390 JOURNAL OF THE SENATE member of the Senate, appointed by the Lieutenant Governor. (b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governor's council shall also provide guidance and assistance to the regional planning boards, hospitals, community service boards, and other private or public providers in the performance of their duties. (b) The commissioner of behavioral health and developmental disabilities shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws. (c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days' public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent. (d) Except as otherwise provided in this Code section, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council. (e) The council shall: (1) Develop solutions to the systemic barriers or problems to the delivery of behavioral health services by making recommendations that implement funding, policy changes, practice changes, and evaluation of specific goals designed to improve services delivery and outcome for individuals served by the various departments; FRIDAY, APRIL 3, 2009 4391 (2) Focus on specific goals designed to resolve issues for provision of behavioral health services that negatively impact individuals serviced by at least two departments; (3) Monitor and evaluate the implementation of established goals; and (4) Establish common outcome measures. (f)(1) The council may consult with various entities, including state agencies, councils, and advisory committees and other advisory groups as deemed appropriate by the council. (2) All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council. (g) The council shall be attached to the Department of Behavioral Health and Developmental Disabilities for administrative purposes only as provided by Code Section 50-4-3. (h)(1) The council shall submit annual reports of its recommendations and evaluation of their implementation to the Governor and the General Assembly. (2) The recommendations developed by the council shall be presented to the board of each member department for approval or review at least annually. (i) For purposes of this Code section, the term 'behavioral health services' has the same meaning as 'disability services' as defined in Code Section 37-1-1. 37-2-4.1. (a) The division department shall create regional mental health, developmental disabilities, and addictive diseases offices. The number of these offices may be modified from time to time as deemed necessary by the division department. (b) The division department shall create a separate regional mental health, developmental disabilities, and addictive diseases planning board for each regional office established under subsection (a) of this Code section. Each board shall provide and facilitate coordinated and comprehensive planning for its region in conformity with minimum standards and procedures established by the division department. Each board shall be designated with such identifying words before the term 'regional mental health, developmental disabilities, and addictive diseases planning board' as that regional planning board may, from time to time, choose and designate by official action. (c) The powers, functions, obligations, and duties of the regional mental health, mental retardation, and substance abuse boards as they existed on June 30, 2002, are transferred to the department. The department shall succeed to all rights, privileges, entitlements, contracts, leases, agreements, and other transactions of the regional boards which were in effect on June 30, 2002, and none of those rights, privileges, entitlements, contracts, leases, agreements, and other transactions shall be impaired or diminished by reason of such transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and 4392 JOURNAL OF THE SENATE duties under such contracts, leases, agreements, and other transactions. 37-2-5. (a) Each regional planning board shall engage in disability services planning including job supports and housing within its region and shall perform such other functions as may be provided or authorized by law. (b) Membership on the regional planning board within an established region shall be determined as follows: (1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the local board of education, or any other elected or appointed official to serve on the regional planning board, provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on a community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2)(1) A person shall not be eligible to be appointed to or serve on a regional planning board if such person is: (A) A member of the community service board which serves that region; or (B) An employee or board member of a private or public entity which contracts with the department, through the division, the Department of Human Services, or the Department of Community Health to provide health, mental health, developmental disabilities, or addictive diseases services within the region; or (C) An employee of such regional office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional office. ;or (D) An employee or board member of the department, the Department of Human Services, or the Department of Community Health. (2) A person shall not be eligible to be appointed to or serve on a regional planning board if such person's spouse, parent, child, or sibling is a member of that regional planning board or a member, employee, or board member specified in subparagraph FRIDAY, APRIL 3, 2009 4393 (A), (B), or (C) of paragraph (1) of this subsection. No person who has served a full term or more on a regional board or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on the regional board or the regional planning board. No person who has served on a regional board and who becomes a member of a regional planning board on June 30, 2002, may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (c) In making appointments to the regional planning board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional planning board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association America of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. (d)(1) In addition, members of the regional mental health, mental retardation, and substance abuse boards in office on June 30, 2002, shall become members of the regional planning board for the area in which they reside on July 1, 2002, and shall serve out the balance of their terms. (2) The initial term of a new member of a regional planning board shall be determined by the commissioner in order to establish staggered terms on the board. At such time as the terms of the members of the board are equally staggered, the term of a member of the regional planning board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional planning board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity or such other reasonable condition as the regional planning board may impose under its bylaws. Vacancies on the regional planning board shall be filled in the same manner as the original appointment. (e) Prior to August 1, 2002, each regional planning board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered terms of the board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chairperson and vice 4394 JOURNAL OF THE SENATE chairperson of the regional planning board shall be elected from among the members of the board to serve a term of one year with the option of reelection for an additional oneyear term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. Prior to their adoption by the regional planning board, the bylaws shall be submitted to the division department for review and approval. The regional planning board must have the written approval of the director of the division commissioner prior to the adoption of bylaws. (f) The regional planning board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional planning board. (g) Each member of the regional planning board may, upon approval of the regional coordinator, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (h) Each regional planning board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section. 37-2-5.1. (a) Each region shall be served by a regional coordinator, who shall be duly qualified and appointed by the director of the division commissioner. The regional coordinator shall serve as the supervisor of the regional office, which shall be a unit of the division department. The regional coordinator shall serve at the pleasure of the division director commissioner. The director of the division commissioner shall be authorized to appoint an interim regional coordinator at any time that the position of regional coordinator is vacant and prior to the appointment of a duly qualified and approved successor. (b) The regional coordinator may appoint such other staff including a regional services administrator and a regional state hospital administrator and personnel to work for the regional office as the division department deems necessary and appropriate. The regional coordinator and such staff and personnel shall be employees of the division department. Expenses for the regional office and planning board, the employment of the regional coordinator, other staff and personnel, and the operation of the regional office shall be funded by the division department as funds are appropriated by the General Assembly. The department and the division shall impose limits on the administrative and operating expenditures of the regional office and planning board. (c)(1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a given region shall be managed through the FRIDAY, APRIL 3, 2009 4395 division department; the term 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division department shall establish a funding amount for regions conditioned upon the amount of funds appropriated. The funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2) The division department shall establish guidelines to ensure that regions receive such funding based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division department shall ensure that funds are managed based primarily on services to clients and in compliance with all federal, state, and regulatory requirements. (3) The division department, in compliance with the provisions of the General Appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division department shall develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization. 37-2-5.2. (a) Under the supervision of the division department, each regional office shall have the following duties and functions: (1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan for the funding and provision of all disability services in the region. The plan shall be submitted to the division department at a time and in the manner specified by the division department so as to ensure that the plan is a basis for the annual appropriations request; (2) To provide, as funds become available, for consumer assessment and service authorization and coordination for each consumer receiving services within the region; (3) To exercise responsibility and authority as specified in this chapter within the region in all matters relating to the funding and delivery of disability services; (4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services; (5) To enter into contracts on behalf of the division department with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to enter into all contracts on behalf of the division department necessary or incidental to the performance of duties and functions of the division department and regional office; (6) To encourage the development, in cooperation with the division department, of 4396 JOURNAL OF THE SENATE private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region; (7) To serve as the representative of the citizens of the area in regard to disability services; (8) To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service; (9) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; (10) To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the division department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and (11) To participate with other regional offices and planning boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities: (A) To work cooperatively with all units of county and local government, including the county boards of health, within the region; (B) To establish goals and objectives, not inconsistent with those established by the division and the department, for its region; and (C) To participate in the establishment and operation of a data base and network, coordinated by the division department, to serve as a comprehensive management information system for disability services and programs. (b) It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the division department the flexibility, responsibility, and authority necessary to enter into contracts on behalf of the division department with a wide range of public and private providers to ensure that consumers are afforded costeffective, locally based, and quality disability services. Under the supervision of the division department, regional offices are specifically authorized to enter into contracts on behalf of the division department directly with any county governing authority, any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. (c) Each regional office shall account for all funds received, expended, and administered and shall make reports to the division department regarding the funds received from the department. The audit of such activity shall be part of the annual audit of the department. FRIDAY, APRIL 3, 2009 4397 37-2-6. (a) Community service boards in existence on June 30, 2006, are re-created effective July 1, 2006, to provide mental health, developmental disabilities, and addictive diseases services. Such Effective July 1, 2009, such community service boards may enroll and contract with the department, the Department of Human Services, or the Department of Community Health to become a provider of mental health, developmental disabilities, and addictive diseases services or health, recovery, housing, or other supportive services. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The recreation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained. (b) Each community service board shall consist of members appointed by the governing authorities of the counties within the community service board area. Membership on such community service board shall be determined as follows: (1)(A) The governing authority of each county within the community service board area: (i) With a population of 50,000 or less according to the most recent United States decennial census shall appoint one member to the board; and (ii) With a population of more than 50,000 according to the most recent United States decennial census shall appoint one member for each population increment of 50,000 or any portion thereof; or (B) In the event that the number of community service board member positions established in accordance with subparagraph (A) of this paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly: (i) For community service boards whose community service board area contains 13 or fewer counties, the board shall be set at 13 members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all 13 members of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and 4398 JOURNAL OF THE SENATE (ii) For community service boards whose community service board area contains more than 13 counties, one member of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the board is equal to the number of counties in the community service board area. The county governing authority shall appoint as at least one of its appointments a consumer of disability services, a child psychiatrist, a child psychologist, a family member of a consumer, an advocate for disability services, a parent of a child with mental illness or addictive disease, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (2) In addition to the members appointed pursuant to paragraph (1) of this subsection, each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows: (A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed the maximum number of members. Any additional positions created in conformity with FRIDAY, APRIL 3, 2009 4399 such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July 1, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30, 2006, shall expire on June 30, 2006; and (4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is: (i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division department, the Department of Human Services, or the Department of Community Health to provide mental health, developmental disabilities, and addictive diseases services or health services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (1) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources (now known as the Department of Behavioral Health and Developmental 4400 JOURNAL OF THE SENATE Disabilities for these purposes) or an employee of a county board of health may shall not serve on a community service board. For terms of office which begin July 1, 2009, or later, an employee of the department, the Department of Human Services, or the Department of Community Health or a board member of the respective boards of each department shall not serve on a community service board. (c) In making appointments to the community service board, the county governing authorities shall ensure that such appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is represented on the community service board, and in making such appointments the county governing authorities may consider suggestions from clinical professional associations as well as advocacy groups. For the purposes of this subsection, 'advocacy groups' means any organizations or associations that advocate for, promote, or have an interest in disability services and are exempted as a charitable organization from federal income tax pursuant to Section 501(c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services or health services. (c.1) A county governing authority in making appointments to the community service board shall take into consideration that at least one member of the community service board is an individual who is trained or certified in finance or accounting; provided, however, if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with financial or accounting practices. (d) Each county in which the governing authority of the county is authorized to appoint members to the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on June 30, 2006, shall continue to exist along with the new powers granted to the community service boards effective July 1, 2006. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if: (1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts adopted a resolution stating its desire to continue the provision of disability services through its board of health FRIDAY, APRIL 3, 2009 4401 after July 1, 1994, and submits submitted a copy of such resolution to the former division before July 1, 1993; or (2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits submitted a written agreement to the former division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be was submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts adopted a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits submitted a copy of that resolution to the former division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board 4402 JOURNAL OF THE SENATE prior to January 1, 1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with the provisions of this chapter. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services and family members of consumers constitute no less than 50 percent of the board members appointed pursuant to subsection (b) of this Code section, and a mechanism for ensuring equitable representation of the various disability groups. A quorum for the transaction of any business and for the exercise of any power or function of the community service board shall consist of a majority of the total number of filled board member positions appointed pursuant to subsection (b) of this Code section. A vote of the majority of such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term of office for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. For the purposes of this subsection, 'equitable representation of the various disability groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the board members holding membership pursuant to subsection (b) of this Code section shall be appointed so as to assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six and no more than 13 members, not including any additional members appointed pursuant to paragraph (2) of subsection (b) of this Code section, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (6) (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written FRIDAY, APRIL 3, 2009 4403 notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office: STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the _______________________ Community Service Board to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state. _____________________ Signature of member of ____________________ Community Service Board Sworn and subscribed before me this ______ day of ______________, ____. (SEAL) _____________________ Typed name of member of ____________________ Community Service Board 37-2-6.1. (a) Each community service board shall employ an executive director to serve as its 4404 JOURNAL OF THE SENATE chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability and health services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority: (1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; FRIDAY, APRIL 3, 2009 4405 (7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for as so long as and to the extent that each employee of such board who is a covered employee as defined in Code Section 45-20-2 and is subject to the rules and regulations of the State Merit System of Personnel Administration remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services or of health services; (9) Each community service board may establish fees for the provision of disability services or health services according to the terms of contracts entered into with the department, Department of Human Resources Services, and the or Department of Community Health, as appropriate; (10) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from local governmental entities in the counties where the community service board provides services; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, such reimbursement shall not exceed the rates and allowances set for state employees by the Office of Planning and Budget or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; (15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services or of health services through the Department of Community Health, in accordance with the terms of contracts entered into with the department, Department of Human Services, or Department of Community Health, as appropriate; 4406 JOURNAL OF THE SENATE (16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services or of health services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services or of health services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board does shall not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services or health services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. FRIDAY, APRIL 3, 2009 4407 (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board's agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability or health service professionals, and other providers of disability services or health services to arrange for the provision of disability services or health services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services or health services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability or health services related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 4408 JOURNAL OF THE SENATE 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care, or disability services, or health services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care, or disability service, or health service. 37-2-6.2. (a)(1) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board 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, 1994, 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, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in service, by the division department, Department of Human Services, or Department of Community Health, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources, a hospital thereof, a county board of health for which such person provides services FRIDAY, APRIL 3, 2009 4409 pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board. (2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (3) All rights, credits, and funds in the Employees' Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service boards. (b) As to those persons employed by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of any such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by: (1) The department; (2) A regional board; (3) A community service board; (4) A hospital; or (5) The Department of Human Services; (6) The Department of Community Health; or (5)(7) Any private provider of disability services or health services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department, the Department of Human Services, or the Department of Community Health for the services which had been provided by the terminated state personnel. 37-2-6.3. (a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation. (c) Debts, obligations, and liabilities of a community service board are not, debts, obligations, or liabilities of the state or of the counties in which such board operates. A community service board is prohibited from entering into debts, obligations, or 4410 JOURNAL OF THE SENATE liabilities which are also debts, obligations, or liabilities of the state or of any county. 37-2-6.4. (a) Notwithstanding any other provisions of this chapter, a community service board may reconstitute or convert its organizational structure in the following ways: (1) With the approval of the governing board of the community service board and the approval of the county governing authorities of the counties served by the community service board, the community service board may convert to a private nonprofit corporation. So long as the reconstituted organization continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Community Health, as appropriate, such organization shall be authorized to retain the use of assets, equipment, and resources purchased with state and federal funds by the former community service board. In the event the new private nonprofit fails to serve such public purpose, those assets, equipment, and resources purchased by the former community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Community Health, as appropriate, or to an agency designated by the such department. For a period of three years following the community service board's conversion to a private nonprofit corporation, the private nonprofit corporation shall ensure that consumers of disability services or health services, as appropriate, and family members of such consumers constitute a majority of the appointed board members and that the various disability groups and health services groups are equitably represented on the board of the nonprofit corporation; (2) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may convert to a unit of county government. All assets, equipment, and resources of the community service board shall be transferred to the new unit of county government; or (3) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may become a component part of a hospital authority in those counties served by the community service board. So long as the hospital authority continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Community Health, as appropriate, the hospital authority shall be authorized to retain possession of those assets, equipment, and resources purchased by the community service board with state and federal funds. In the event the hospital authority fails to serve such public purpose, those assets, equipment, and resources purchased by the community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Community Health, as appropriate, or to an agency designated by the such appropriate department or departments. (b) In the event that all county governing authorities of a community service area FRIDAY, APRIL 3, 2009 4411 designated pursuant to subsection (b) of Code Section 37-2-3 concur that a community service board reconstituted pursuant to subsection (a) of this Code section has failed to provide disability services or health services as required, those county governing authorities may request that the division department coordinate the formation of a new community service board pursuant to Code Section 37-2-6. Upon notification of the request, the division department shall assist the county governing authorities in making appointments to the new community service board and establishing bylaws pursuant to Code Section 37-2-6. The division department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor agency. To the extent that the community service board was providing disability services or health services through the Department of Human Services or the Department of Community Health, such department or departments shall provide to the Department of Behavioral Health and Developmental Disabilities all documents, data, information, and consultation necessary or helpful to the formation of the new community service board and the determination and disposition of assets, equipment, and resources of the community service board. 37-2-6.5. (a) By joint action of the membership of a community service board created pursuant to Code Section 37-2-6 and the governing authority of each county within the community service board area, such community service board may cease operations; provided, however, such community service board shall notify the commissioner at least 90 days in advance of the meeting of the community service board in which such action is to be taken. Such joint action shall indicate the date on which the community service board shall cease operations. (b) Upon receipt of notification that a community service board intends to cease operations, the commissioner shall notify the chairperson and executive director of such community service board and the governing authority of each county within the community service board area of such board that: (1) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board in accordance with the provisions of paragraph (1) of subsection (c) of Code Section 37-2-10 until the division department shall determine: (A) That such community service board should continue in operation, provided one or more members appointed to such board in accordance with subsection (b) of Code Section 37-2-6 shall be removed in accordance with subparagraph (c)(3)(H) of Code Section 37-2-10, and the division department, acting on behalf of the membership of the community service board, nominates a successor to a removed member and advises the county governing authority that appointed such removed member to appoint a successor; (B) That all of the members of such community service board appointed in accordance with subsection (b) of Code Section 37-2-6 shall be removed and such 4412 JOURNAL OF THE SENATE community service board shall be reconstituted; and that the division department shall assist the county governing authorities in making appointments to the new community service board; or (C) In the case where the membership of such community service board is the membership of a county board of health designated in accordance with Code Section 31-3-12.1 or subsection (e) of Code Section 37-2-6, that the entire membership of the community service board should be removed and the membership of the community service board be reconstituted in accordance with subsection (b) of Code Section 37-2-6; (2) The division department, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of an adjacent community service board area served by another community service board to include the counties in the community service board area served by the community service board that intends to cease operations so that the community service board serving such adjacent area may assume responsibility for the provision of disability services within such counties; (3) The department intends to request pursuant to Code Section 31-3-12.1 that the governing authority of a county within the community service board area of such board authorize the membership of the board of health of such county to serve as the membership of such community service board; or (4) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. (c) If a community service board ceases operation and is succeeded by another community service board pursuant to paragraph (2), a county board of health pursuant to paragraph (3), or a manager or management team pursuant to paragraph (4) of subsection (b) of this Code section, the division department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor community service board. (d) If a community service board ceases operation and one or more alternate service providers assume responsibility for the provision of services previously provided by the community service board pursuant to paragraph (4) of subsection (b) of this Code section, the department shall petition the superior court of the county in which the principal office of that community service board was located for appointment of a receiver of the assets of the community service board for the protection of the board's creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets of the board, and, after payment of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as determined by FRIDAY, APRIL 3, 2009 4413 the court, to the agencies, entities, or providers providing disability services in the community service board area formerly served by the community service board which ceased operations. At no time shall any community service board upon ceasing operations convey any of its property, except as may be otherwise authorized by a superior court in this subsection, to any private person, association, or corporation. 37-2-7. (a) The division department shall formulate and publish biennially a state plan for disability services which shall take into account the disability services plans submitted by the regional offices as required by Code Section 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional and community services to the disabled. In developing the state plan, the division department shall request input from the regional offices and planning boards, the community service boards, hospitals, and other public and private providers. The plan shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services. (c) The plan shall further set forth the proposed annual budget of the division department and the regions. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the regional planning boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan. (e) At such time as the state plan is submitted, the division department shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division department in coordinating services in accordance with Code Section 37-29. 37-2-8. Reserved. 37-2-9. To the maximum extent possible, disability services provided by the division department and the regional offices, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public. 4414 JOURNAL OF THE SENATE 37-2-9.1. (a) Each regional planning board and community service board shall comply with the provisions of 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, except where records or proceedings are expressly made confidential pursuant to other provisions of law. (b) Each regional office and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance. 37-2-10. (a) Notwithstanding any other provisions of the law, the director commissioner with the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division department or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director commissioner, with concurrence of the commissioner and the Governor, may: (1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees. (c)(1) Notwithstanding any other provisions of the law, in extenuating circumstances, the director commissioner with the concurrence of the commissioner and the Governor is authorized to appoint a manager or management team to manage and operate the programs and services of the community service board if the director commissioner finds that the community service board: (A) Provides notice pursuant to Code Section 37-2-6.5 that such board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; FRIDAY, APRIL 3, 2009 4415 (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department or division; or (I) No longer has the fiscal ability to continue to provide contracted services and, without the intervention of the department, continued provision of disability services or health services to consumers in the service area is in immediate jeopardy. (2) In order to carry out the provisions of paragraph (1) of this subsection, the director commissioner shall give written notice to the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The director commissioner may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the director commissioner, a manager or management team appointed pursuant to this subsection may: (A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team; (E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the members of the community service board, the executive director, chief financial officer, or any other administrative or program manager to take an action; (G) Exercise a power, duty, authority, or function of the community service board as authorized by this chapter; (H) Recommend to the director commissioner the removal of a member or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the director commissioner may remove such member or executive director from office; and (I) Report at least monthly to the director commissioner on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service board by the governing authority of a county or municipal corporation without the approval of such governing authority. 4416 JOURNAL OF THE SENATE (5) If a manager or management team is appointed pursuant to this Code section, the department may: (A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the community service board to manage and operate the services and programs of the community service board; or (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternative service providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (6) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board. 37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division department and the regional offices shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division. (b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the division department, shall be reported to the division department and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The division department shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The division department shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the division department; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this FRIDAY, APRIL 3, 2009 4417 chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The division department shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay. 37-2-11.1. (a) Venue for the purpose of any action against a community service board shall be the county in which the principal office of the community service board is located. For purposes of this Code section, 'principal office' shall be defined as the facility which houses the executive director or other such top administrator for the community service board. (b) In any legal proceeding, a regional planning board or the regional office shall be considered a unit of the division department and shall be afforded the assistance of legal counsel from the Attorney General. (c)(1) The community service boards shall be public bodies but shall not be considered agencies of the state or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees. (2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies. 37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the department, the Department of Human Resources Services, the Department of Community Health, or a regional office shall be required to provide the department or the appropriate regional office or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the department, the Department of Human Resources Services, or the Department of Community Health or pursuant to the 4418 JOURNAL OF THE SENATE provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department, the Department of Human Services, the Department of Community Health, or any regional office unless otherwise specifically authorized by law. (c) The community service board shall maintain a clinical record for each consumer receiving treatment or habilitation services from such board. The treatment of clinical records of consumers in receiving services for mental illness shall be governed by the provisions of Code Section 37-3-166. The treatment of clinical records of consumers receiving habilitation services for developmental disabilities shall be governed by the provisions of Code Section 37-4-125. The treatment of clinical records of consumers in treatment for addictive diseases shall be governed by the provisions of Code Section 37-7-166." SECTION 3-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Behavioral Health and Developmental Disabilities": (1) Code Section 15-11-73, relating to juvenile traffic offenses; (2) Code Section 15-11-152, relating to ordering an evaluation of a child's mental condition; (3) Code Section 16-7-83, relating to persons convicted or under indictment for certain offenses; (4) Code Section 16-11-129, relating to license to carry pistol or revolver; (5) Code Section 17-7-130, relating to proceedings upon plea of mental incompetency to stand trial; (6) Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at time of crime; (7) Code Section 26-4-5, relating to definitions relative to the "Georgia Pharmacy Practice Act"; (8) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (9) Code Section 37-3-146, relating to education of children undergoing treatment in a facility for persons who are mentally ill; (10) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (11) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (12) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys relating to habilitation of mentally retarded persons; (13) Code Section 37-5-4, relating to applicability of the "Community Services Act for the Mentally Retarded"; (14) Code Section 37-5-7, relating to duty of the Department of Human Resources to FRIDAY, APRIL 3, 2009 4419 provide consulting and financial assistance to county boards of health; (15) Code Section 37-7-3, relating to coordination of state drug and alcohol abuse programs; (16) Code Section 37-7-146, relating to education of children undergoing treatment in a facility for persons who are alcoholics, drug dependent individuals, or drug abusers; (17) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (18) Code Section 40-5-82, relating to administration of the Driver Improvement Program; (19) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; (20) Code Section 42-8-35.3, relating to conditions of probation for stalking or aggravated stalking; (21) Code Section 42-9-41, relating to duty of the State Board of Pardons and Paroles to obtain and place in records information respecting persons subject to relief or placed on probation; (22) Code Section 43-12A-5, relating to provider centers that engage in the practice of providing, installing, or monitoring ignition interlock devices not to operate under any name deceptively similar to another business; (23) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (24) Code Section 49-5-221, relating to definitions relative to children and adolescents with severe emotional problems; (25) Code Section 49-5-223, relating to the State Plan for the Coordinated System of Care for children and adolescents with severe emotional problems; (26) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; (27) Code Section 49-5-227, relating to the Governor's Office for Children and Families to comment on the State Plan for Coordinated System of Care and provide recommendations; and (28) Code Section 50-27-24, relating to lottery prize proceeds subject to state income tax. SECTION 3-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of behavioral health and developmental disabilities": (1) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; and (2) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; 4420 JOURNAL OF THE SENATE SECTION 3-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources" wherever it occurs with "Department of Behavioral Health and Developmental Disabilities": (1) Code Section 15-11-149, relating to disposition of mentally ill or mentally retarded child; (2) Code Section 40-5-64, relating to limited driving permits for certain offenders; (3) Code Section 45-18-5.2, relating to sheltered employment center employees; and (4) Code Section 49-4A-9, relating to sentence of youthful offenders. SECTION 3-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mentally retarded" or "Mentally Retarded" wherever it occurs with "developmentally disabled" or "Developmentally Disabled", respectively: (1) Code Section 31-22-9.1, relating to who may perform HIV tests; (2) Code Section 35-1-8, relating to the acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (3) Code Section 37-4-1, relating to the declaration of policy relating to the habilitation of mentally retarded persons generally; (4) Code Section 37-4-3, relating to the authority of the board of human resources to issue regulations relating to the habilitation of mentally retarded persons generally; (5) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (6) Code Section 37-4-5, relating to validity of hospital orders entered before September 1, 1978; (7) Code Section 37-4-8, relating to approval of private facilities; (8) Code Section 37-4-20, relating to examination of minor children; (9) Code Section 37-4-21, relating to admission of mentally retarded persons to facilities for purposes of temporary supervision and care; (10) Code Section 37-4-22, relating to admission of persons to facilities for dental services; (11) Code Section 37-4-40, relating to filing petition with the court for according of program of services to mentally retarded person; (12) Code Section 37-4-40.1, relating to certification that a person requires temporary care; (13) Code Section 37-4-40.2, relating to admission or discharge of a person in custody of a state facility for temporary care; (14) Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation; (15) Code Section 37-4-62, relating to transfer of clients to custody of federal agencies for services; FRIDAY, APRIL 3, 2009 4421 (16) Code Section 37-4-120, relating to individual dignity of clients to be respected; (17) Code Section 37-4-123, relating to recognition of clients' physical integrity; (18) Code Section 37-5-1, relating to the short title; (19) Code Section 37-5-2, relating to declaration of policy relative to community services for the mentally retarded; (20) Code Section 37-5-4, relating to applicability of chapter; (21) Code Section 37-5-5, relating to duty of county board of health to provide community services; (22) Code Section 37-5-6, relating to county or health district plan for community services; (23) Code Section 37-5-7, relating to duty of department to provide consulting and financial assistance to county boards of health; (24) Code Section 37-6-2, relating to participation by department in financing of daycare centers for mentally retarded children; (25) Code Section 37-6-3, relating to participation by department in financing of daycare centers generally; (26) Code Section 37-6-4, relating to grants-in-aid to county board of health for purchase of services from private day-care centers; (27) Code Section 37-6-6, relating to inspection and approval of day-care centers; (28) Code Section 37-6-7, relating to departmental standards for day-care centers; (29) Code Section 37-9-6, relating to standards for determination of assessments for less than full cost of care; (30) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (31) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (32) Code Section 49-4-80, relating to definitions relative to aid to the disabled. SECTION 3-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "developmental disability": (1) Code Section 31-12-3.2, relating to meningococcal disease; (2) Code Section 31-32-4, relating to the advance directives for health care form; (3) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (4) Code Section 37-4-40.4, relating to evaluation of a person in custody of a state facility for temporary care; (5) Code Section 37-4-61, relating to transportation of clients generally; (6) Code Section 49-4-31, relating to definitions relative to old-age assistance; (7) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (8) Code Section 49-4-80, relating to definitions relative to aid to the disabled. 4422 JOURNAL OF THE SENATE SECTION 3-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "a developmental disability": (1) Code Section 31-20-3, relating to sterilization of mentally incompetent persons; (2) Code Section 37-4-80, relating to effect of inability to pay on right to habilitation services; (3) Code Section 37-4-100, relating to retention of rights and privileges by clients generally; and (4) Code Section 37-4-122, relating to client's care and treatment rights. SECTION 3-8. Code Section 30-8-1 of the Official Code of Georgia Annotated, relating to the Governor's Council on Developmental Disabilities, is amended as follows: "30-8-1. (a) There is created the Governor's Georgia Council on Developmental Disabilities. The council shall serve as the designated state agency and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, relating to programs for persons with developmental disabilities. (b) The members of the council shall be appointed by the Governor from among the residents of the state, and the composition of the council shall comply with the membership requirements of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. The Governor shall consider appointing to the council persons representing a broad range of individuals with developmental disabilities and individuals interested in programs for the developmentally disabled. To the extent feasible, appointments to the council shall be made with a view toward equitable geographic, racial, and ethnic representation. (c) Each member shall serve for a term of four years or until a successor is appointed. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments. The council shall elect its own chairperson and such other officers as it deems necessary. The council may adopt rules and procedures and shall meet at the call of the chairperson. (d) The Governor's Georgia Council on Developmental Disabilities shall: (1) Develop and implement a state plan, which includes the specification of federal and state priority areas, to address on a state-wide and comprehensive basis the need for services, support, and other assistance for individuals with developmental disabilities and their families; (2) Monitor, review, and evaluate, not less than annually, the implementation and effectiveness of the plan; (3) Submit to the United States secretary of health and human services, through the Governor, such plan and periodic reports on the council's activities as the secretary finds necessary; (4) Receive, account for, and disburse funds paid to the state pursuant to the FRIDAY, APRIL 3, 2009 4423 provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, and as authorized by the approved state plan; (5) To the maximum extent feasible, review and comment on all plans in the state which relate to programs affecting persons with developmental disabilities; (6) Serve as an advocate for persons with developmental disabilities; (7) Advise the Governor, the General Assembly, and all other state agencies in matters relating to developmentally disabled persons; and (8) Fulfill the responsibilities and meet the requirements of a designated state agency and of a state planning council as provided by Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. (e) The Governor's Georgia Council on Developmental Disabilities shall be attached to the Department of Human Resources Behavioral Health and Developmental Disabilities for administrative purposes only as provided in Code Section 50-4-3. The council shall recruit and hire staff as provided by law and as the council determines necessary to carry out its duties. All costs incurred by the council shall be covered by funds paid to the state under Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, except that members who are state employees shall be reimbursed for their expenses by their agency in the same manner as other state employees. Members who are not state employees shall be reimbursed for their actual expenses, including travel and any other expenses incurred in performance of their council duties, from funds appropriated to the Department of Human Resources Behavioral Health and Developmental Disabilities." SECTION 3-9. Code Section 31-3-12.1 of the Official Code of Georgia Annotated, relating to contracts between county boards, is amended as follows: "31-3-12.1. (a) In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with the department Department of Behavioral Health and Developmental Disabilities or a community mental health, developmental disabilities, and addictive diseases service board created under Chapter 2 of Title 37 to provide certain mental health, developmental disabilities, and addictive diseases services based on the contractual agreement between the parties. In the event that the county governing authority exercises the authority granted by this subsection, the county board of health shall appoint a director for mental health, developmental disabilities, and addictive diseases or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by this subsection. The director for mental health, developmental disabilities, and addictive diseases, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, developmental disabilities, and addictive diseases or such supervisor of the specific service shall report directly to the county board of health and 4424 JOURNAL OF THE SENATE shall have no formal reporting relationship with the director of the county board of health. (b) Pursuant to subsection (e) of Code Section 37-2-6, a county governing authority may authorize the membership of a county board of health to serve as the membership of a community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the county board of health, and any other affected county governing authority act pursuant to subsection (e) of Code Section 37-2-6. If the membership of a county board of health exercises the authority granted pursuant to this subsection and Chapter 2 of Title 37 to serve as the membership of a community service board, the membership of the county board of health shall constitute the membership of the community service board and, at any time that such members are exercising duties and powers related to mental health, developmental disabilities, and addictive diseases, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the department and the Department of Behavioral Health and Developmental Disabilities prior to adoption." SECTION 3-10. Code Section 35-3-34.1 of the Official Code of Georgia Annotated, relating to circumstances when exonerated first offender's criminal record may be disclosed, is amended by revising paragraph (3) of subsection (a) as follows: "(3) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 37-1-1 or mentally retarded developmentally disabled as defined in Code Section 37-4-2 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering." SECTION 3-11. Code Section 37-2-30 of the Official Code of Georgia Annotated, relating to definitions relative to the office of disability services ombudsman, is amended by revising paragraph (3) as follows: "(3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2 37-1-1 and shall include natural persons who are seeking disability services." SECTION 3-12. Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the examination and treatment for mental illness, is amended by revising paragraphs (11) and (12) and repealing paragraph (14.2) as follows: FRIDAY, APRIL 3, 2009 4425 "(11) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. Reserved." "(12) 'Mentally ill person requiring involuntary treatment' means a mentally ill person who is an inpatient or an outpatient." "(14.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3." SECTION 3-13. Code Section 37-4-2 of the Official Code of Georgia Annotated, relating to definitions relative to the habilitation of the mentally retarded, is amended as follows: "37-4-2. As used in this chapter, the term: (1) 'Client' means any mentally retarded person with a developmental disability who seeks habilitation under this chapter or any person for whom such habilitation is sought. (2) 'Clinical record' means a written record pertaining to an individual client and includes habilitation record, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility and which pertains to the client's habilitation. Such other information as may be required by rules and regulations of the board shall also be included. (3) 'Community services' means all services deemed reasonably necessary by the Department of Human Resources Behavioral Health and Developmental Disabilities to provide for the education, training, habilitation, and care of mentally retarded developmentally disabled individuals. Such services shall include, but not be limited to, diagnostic and evaluation services, day-care and training services, work activity services, community residential services such as group family care homes, transportation services, social services, medical services, and specified home services. (4) 'Comprehensive evaluation team' or 'comprehensive habilitation team' means and shall consist of a group of persons with special training and experience in the assessment of needs and provision of services for mentally retarded developmentally disabled persons, which group shall include, at a minimum, persons qualified to provide social, psychological, medical, and other services. The department shall specify the qualifications of the individuals who compose comprise a comprehensive evaluation team or a comprehensive habilitation team and shall ensure that such teams are located throughout the state so as to provide diagnostic, evaluation, and habilitation services for all citizens of Georgia. 4426 JOURNAL OF THE SENATE (5) 'Court' means: (A) In the case of an individual who is 17 years of age or older, the probate court of the county of residence of the client or the county in which such client is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate court is unable to hear a case brought under this chapter within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and shall be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-bycase basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his the judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the governing authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or (B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the client or the county in which such client is found. (6) 'Developmentally disabled person in need of community services' means a developmentally disabled person who, after comprehensive evaluation, is found to be in need of community services as defined in Code Section 37-5-3. (7) 'Developmentally disabled person requiring temporary and immediate care' means a person who is developmentally disabled, and: (A) Who presents a substantial risk of imminent harm to himself or herself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (6)(8) 'Facility' means any state owned or state operated institution utilized 24 hours a day for the habilitation and residence of persons who are mentally retarded developmentally disabled, any facility operated or utilized for such purpose by the United States Department of Veterans Affairs or any other federal agency, and any other facility within the State of Georgia approved for such purpose by the department. (7)(9) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing examiner, under Code Section 37-4-42, or before a court, as defined in paragraph (5) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The client shall be provided with effective assistance of counsel. If the client cannot afford counsel, the FRIDAY, APRIL 3, 2009 4427 court shall appoint counsel for him or her or the hearing examiner shall have the court appoint such counsel. The client shall have the right to confront and cross-examine witnesses and to offer evidence. The client shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The client shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the client. The standard of proof shall be by clear and convincing evidence. At the request of the client, the public may be excluded from the hearing; and the client need not be present if the court consents; in either of these events, the record shall reflect the reason for the hearing examiner's or the court's action. (8)(10) 'Habilitation' means the process by which program personnel help clients acquire and maintain those life skills which will enable them to cope more effectively with the demands of their own persons and of their environment and to raise the level of their physical, mental, social, and vocational abilities. (9)(11) 'Individualized program plan' means a proposed habilitation program written in behavioral terms, developed by the comprehensive evaluation team, and specifically tailored to the needs of an individual client. Each plan shall include: (A) A statement of the nature of the client's specific problems and specific needs; (B) A description of intermediate and long-range habilitation goals and a projected timetable for their attainment; (C) A description of the proposed habilitation program and its relation to habilitation goals; (D) Identification of the facility and types of professional personnel responsible for execution of the client's habilitation program; (E) A statement of the least restrictive environment necessary to achieve the purposes of habilitation, based upon the needs of the client; (F) An explanation of criteria for acceptance or rejection of alternative environments for habilitation; and (G) Proposed criteria for release of the client into less restrictive habilitation environments upon obtaining specified habilitation goals. (10)(12) 'Least restrictive alternative,' 'least restrictive environment,' or 'least restrictive appropriate habilitation' means that which is the least restrictive available alternative, environment, or appropriate habilitation, as applicable, within the limits of state funds specifically appropriated therefor. (11) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (12) 'Mentally retarded person' means a person having a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. 4428 JOURNAL OF THE SENATE (13) 'Mentally retarded person in need of community services' means a mentally retarded person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (13.1) 'Mentally retarded person requiring temporary and immediate care' means a person who is mentally retarded, and: (A) Who presents a substantial risk of imminent harm to himself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (14)(13) 'Person in charge of a client's habilitation' means a superintendent or regional state hospital administrator of a facility, a case manager, or any other service provider designated by the department to have overall responsibility for implementation of a client's individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this chapter. (14.1) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(14) 'Representatives' means the persons appointed as provided in Code Section 37-4-107 to receive any notice under this chapter. (16)(15) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving mentally retarded developmentally disabled persons under this chapter or an individual appointed as the designee of such superintendent." SECTION 3-14. Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to filing petitions with the court for according of program services to a mentally retarded person, is amended by revising subsections (a) and (d) as follows: "(a) Any person may file a petition for a court ordered program of services from the department for a mentally retarded developmentally disabled citizen of this state. Such petition shall be executed under oath in the court of the county in which the allegedly mentally retarded developmentally disabled person is a resident or where such person is found. The petition shall assert that the petitioner believes that the client is mentally retarded developmentally disabled and (1) that the petitioner is the parent, guardian, or person standing in loco parentis of the client for whom habilitative services are being FRIDAY, APRIL 3, 2009 4429 sought and that the petitioner is unable to obtain adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3 and Code Section 20-2131 to meet the needs of the client or (2) that the petitioner believes that the parent, guardian, or person acting in loco parentis has failed or is unable to secure adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3 and Code Section 20-2-131 to meet the needs of the client. The petition shall set forth the alleged facts upon which the above assertions are based, the names and addresses, if known, of any witnesses who can allege relevant facts, and, if known, the names and addresses of the nearest relatives and the guardian, if any, of the client." "(d) If a majority of the evaluation team does not find the allegedly mentally retarded developmentally disabled person to be mentally retarded developmentally disabled and in need of being ordered to receive such services from the department or if a majority of the comprehensive evaluation team finds the client to be a mentally retarded developmentally disabled person in need of court ordered services from the department, the court shall set a hearing on the petition and shall serve notice of such hearing on the petitioner, on the prospective client, and on his representatives or guardian as provided in Code Section 37-4-107; and such notice shall be served within 72 hours after the filing of the report by the evaluation team. Such notice shall be accompanied by: (1) A copy of the petition; (2) A notice that the client has a right to counsel and that the client or his representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client either indicates in writing that he will have retained counsel by the time set for hearing or waives his right to counsel; (3) A copy of the individualized program plan developed by the evaluation team under subsection (c) of this Code section; and (4) A notice that the client has a right to be examined by a comprehensive evaluation team of his own choice at his own expense and to have that team submit a suggested individualized program plan for the client which conforms with the requirements of paragraph (9) (11) of Code Section 37-4-2. The hearing shall be held no sooner than ten days and no later than 15 days, Saturdays, Sundays, and holidays excepted, after the date the evaluation team report is filed. The court shall grant a continuance upon application by the client or his representatives, if necessary, to permit preparation for the hearing." SECTION 3-15. Code Section 37-4-109 of the Official Code of Georgia Annotated, relating to establishment of patients and staff complaint procedure, is amended as follows: "37-4-109. The department shall establish procedures whereby complaints of the client or complaints of the staff concerning admission, treatment, or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superintendent, the regional state hospital administrator, or an advisory 4430 JOURNAL OF THE SENATE committee, whichever is appropriate, with the right of appeal to the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases commissioner or his or her designee. The board shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize these procedures in lieu of other available legal remedies." SECTION 3-16. Code Section 37-5-3 of the Official Code of Georgia Annotated, relating to definitions relative to community services for the mentally retarded, is amended as follows: "37-5-3. As used in this chapter, the term: (1) 'Community community services' means all community-based services a coordinated, consumer and family centered, consumer and family directed, and comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmental disabilities to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life. Such services shall include those deemed reasonably necessary by the department to provide for education, training, rehabilitation, and care of mentally retarded individuals with developmental disabilities and shall include but not be limited to: diagnostic and evaluation services; day-care and training services; work-activity services; support coordination, day support, and personal support services; supportive employment services; community residential services such as group family-care homes, community living arrangements, and host homes; transportation services incidental to educational, training, and rehabilitation services; technology and durable equipment support and services; social services; medical services; and specified home services. (2) 'Mentally retarded individual' means a person whose ability to care for himself is substantially impaired by mental retardation or by a neurological dysfunction associated with mental retardation. (3) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period." SECTION 3-17. Code Section 37-5-10 of the Official Code of Georgia Annotated, relating to timetable for implementation of this chapter, is amended as follows: "37-5-10. The department shall employ sufficient professional and nonprofessional persons to assure full implementation of this chapter by June 30, 1978. All community services specified in paragraph (1) of Code Section 37-5-3 shall be made available for all mentally retarded individuals by June 30, 1978." SECTION 3-18. Code Section 37-6-1 of the Official Code of Georgia Annotated, relating to definitions FRIDAY, APRIL 3, 2009 4431 relative to day-care centers for the mentally retarded, is amended as follows: "37-6-1. As used in this chapter, the term: (1) 'Day-care day-care center' means any facility that is operated and maintained for and is qualified to furnish care and training to mentally retarded individuals with developmental disabilities on less than a 24 hour basis. (2) 'Mentally retarded individual' means any individual who is suffering from mental retardation. (3) 'Mental retardation' means a state of subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior." SECTION 3-19. Code Section 37-7-1 of the Official Code of Georgia Annotated, relating to definitions relative to hospitalization of alcoholics, is amended by revising paragraph (17.2) as follows: "(17.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. SECTION 3-20. Code Section 37-9-2 of the Official Code of Georgia Annotated, relating to definitions relative to payment of expenses for support, treatment, and care of patients in institutions generally, is amended by revising paragraph (6) as follows: "(6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the department and any facility operated in conjunction therewith." SECTION 3-21. Code Section 37-10-2 of the Official Code of Georgia Annotated, relating to the Interstate Compact on Mental Health, is amended by revising Article XV as follows: "Article XV. (a) Pursuant to said compact, the Commissioner of Human Resources Behavioral Health and Developmental Disabilities, or his delegate, is hereby designated to be the compact administrator. The compact administrator, acting jointly with like officers of other party States, shall have power to promulgate rules and regulations to carry out 4432 JOURNAL OF THE SENATE more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this State thereunder. (b) The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other States pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service of this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service. (c) The compact administrator, using funds appropriated to the Department of Human Resources Behavioral Health and Developmental Disabilities and the Department of Community Health, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder. (d) Duly authenticated copies of this Act shall be transmitted by the Secretary of State of the State of Georgia to the Governor of each State, to the Attorney General and the Administrator of General Services of the United States, and to the Council of State Governments, and to the Veterans' Administration. (e) The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transfer from an institution in this State to an institution in another party State, to take no final action without notice to the admitting court or in case of admission other than by a court, then notice to the admitting medical facility is required. (f) In the administration of this compact, the compact administrator shall in no way abridge the rights or privileges of any patient to appeal to the courts for a hearing as provided under the laws of Georgia." SECTION 3-22. Code Section 40-16-5 of the Official Code of Georgia Annotated, relating to authority of the commissioner of driver services, is amended by revising paragraph (5) of subsection (d) as follows: "(5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources (now known as the Department of Behavioral Health and Developmental Disabilities for these purposes) to the Department of Driver Services." SECTION 3-23. Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally, is amended by revising subsections FRIDAY, APRIL 3, 2009 4433 (d), (e), and (f) as follows: "(d) The department is authorized to transfer a mentally diseased inmate from a state or county correctional institution or other facility operating under its authority to a criminal ward or facility of the Department of Human Resources Behavioral Health and Developmental Disabilities. The inmate shall remain in the custody of the Department of Human Resources Behavioral Health and Developmental Disabilities until proper officials of the facility at which he the inmate is detained declare that his or her sanity has been restored, at which time the inmate shall be returned to the custody of the department. At any time after completion of his or her sentence, an inmate detained by the Department of Human Resources Behavioral Health and Developmental Disabilities on the grounds that he or she is mentally diseased may petition for release in accordance with the procedure provided in Chapter 3 of Title 37. Prior to completion of his or her sentence, this procedure shall not be available to him the inmate. (e) Upon being presented with a proper certification from the county physician of a county where a person has been sentenced to confinement that the person sentenced is addicted to drugs or alcohol to the extent that his the person's health will be impaired or his life endangered if immediate treatment is not rendered, the department shall transfer the inmate to the custody of the Department of Human Resources Behavioral Health and Developmental Disabilities. The inmate shall remain in such custody until officials of the Department of Human Resources Behavioral Health and Developmental Disabilities determine he the inmate is able to serve his or her sentence elsewhere. (f) The department may transfer any inmate afflicted with active tuberculosis from any state or county correctional institution, or any other facility operating under the authority of the department, to a tubercular ward or facility specially provided and maintained for criminals by the department at a tuberculosis facility or facilities operating under the Department of Human Resources Community Health." SECTION 3-24. Code Section 42-5-52.1 of the Official Code of Georgia Annotated, relating to submission to HIV test of inmates, is amended by revising subsection (c) as follows: "(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources (now known as the Department of Behavioral Health and Developmental Disabilities) under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15." SECTION 3-25. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to discharges 4434 JOURNAL OF THE SENATE disqualifying individuals from employment, is amended by revising paragraph (4) of subsection (a) as follows: "(4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 37-1-1 or mentally retarded developmentally disabled as defined in Code Section 37-4-2 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering." SECTION 3-26. Code Section 49-5-220 of the Official Code of Georgia Annotated, relating to legislative findings and intent with respect to children and adolescents with severe emotional problems, is amended as follows: "49-5-220. (a) The General Assembly declares its intention and desire to: (1) Ensure a comprehensive mental health program consisting of early identification, prevention, and early intervention for every child in Georgia; (2) Preserve the sanctity of the family unit; (3) Prevent the unnecessary removal of children and adolescents with a severe emotional disturbance from their homes; (4) Prevent the unnecessary placement of these children out of state; (5) Bring those children home who through use of public funds are inappropriately placed out of state; and (6) Develop a coordinated system of care so that children and adolescents with a severe emotional disturbance and their families will receive appropriate educational, nonresidential and residential mental health services, and support services, as prescribed in an individualized plan. (b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities provide mental health treatment. (c) Further, in recognition that only a portion of the children needing services are receiving them and in recognition that not all the services that comprise a coordinated system of care are currently in existence or do not exist in adequate numbers, the FRIDAY, APRIL 3, 2009 4435 General Assembly intends that the Department of Human Resources Department of Behavioral Health and Developmental Disabilities and the Department of Education jointly develop and implement a State Plan for the Coordinated System of Care for severely or emotionally disturbed children or adolescents as defined in paragraph (10) of Code Section 49-5-221. (d) The commissioner of the Department of Human Resources behavioral health and developmental disabilities and the State School Superintendent shall be responsible for the development and implementation of the state plan. (e) The commissioner of the Department of Human Resources behavioral health and developmental disabilities shall be responsible for preparing this jointly developed state plan for publication and dissemination. The commissioner of the Department of Human Resources behavioral health and developmental disabilities shall also be responsible for preparing for publication and dissemination the annual report. (f) The receipt of services under this article is not intended to be conditioned upon placement of a child in the legal custody, protective supervision, or protection of the Department of Human Resources Department of Human Services." SECTION 3-27. Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committees with respect to children and adolescents with severe emotional problems, is amended by revising subsection (a) as follows: "(a) At least one local interagency committee shall be established for each region of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities whose permanent membership shall include a local representative from each of the following: (1) The community mental health agency responsible for coordinating children's services; (2) The Division of Family and Children Services of the Department of Human Resources Services; (3) The Department of Juvenile Justice; (4) The Division of Public Health of the Department of Human Resources Community Health; (5) A member of the special education staff of the local education agency; (6) The Division of Rehabilitation Services of the Department of Labor." PART IV Effective Date and Repealer. SECTION 4-1. This Act shall be effective on July 1, 2009. SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed. 4436 JOURNAL OF THE SENATE Senator Unterman of the 45th moved that the Senate adopt the Conference Committee Report on HB 228. On the motion, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey C Reed Y Rogers Y Seabaugh E Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber C Wiles Williams (PRS) On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 228. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. Senator Unterman of the 45th was excused as a conferee. The following bill was taken up to consider House action thereto: SB 94. 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 that an insured under a group accident and sickness policy may include dependents up to age 25; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: FRIDAY, APRIL 3, 2009 4437 A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for additional continuation plan options; to require the Commissioner of Insurance to promulgate rules and regulations to provide for reporting and notification of eligibility requirements for participation in the Georgia Health Insurance Assignment System and the Georgia Health Benefits Assignment System; 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 Code Section 33-24-21.1, relating to conversion privilege and continuation right provisions in group accident and sickness contracts, as follows: "33-24-21.1. (a) As used in this Code section, the term: (1) 'Assistance eligible individual' shall have the same meaning as provided by Section 3001 of Title III of the federal American Recovery and Reinvestment Act of 2009. (1)(2) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 90 day gap in coverage under any of the following: (A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organization program or both; (I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89; (K) A public health plan; or (L) A Peace Corps Act health benefit plan. 4438 JOURNAL OF THE SENATE (2)(3) 'Eligible dependent' means a person who is entitled to medical benefits coverage under a group contract or group plan by reason of such person's dependency on or relationship to a group member. (3)(4) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means: (A) A group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corporation established under Chapter 19 of this title; (C) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title. (4)(5) 'Group member' means a person who has been a member of the group for at least six months and who is entitled to medical benefits coverage under a group contract or group plan and who is an insured, certificate holder, or subscriber under the contract or plan. (5)(6) 'Insurer' means an insurance company, health care corporation, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization. (6)(7) 'Qualifying eligible individual' means: (A) A Georgia domiciliary, for whom, as of the date on which the individual seeks coverage under this Code section, the aggregate of the periods of creditable coverage is 18 months or more; and (B) Who is not eligible for coverage under any of the following: (i) A group health plan, including continuation rights under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA); (ii) Part A or Part B of Title XVIII of the federal Social Security Act; or (iii) The state plan under Title XIX of the federal Social Security Act or any successor program. (a.1) Any group member or qualifying eligible individual who is an assistance eligible individual as provided by Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), during the period permitted under such act whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits that it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage shall continue for the fractional policy month remaining, if any, at termination plus nine additional policy months upon payment of the premium to the insurer by cash, certified check, or money order, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as FRIDAY, APRIL 3, 2009 4439 such premium becomes due during this coverage period. For the period that the assistance eligible individual is eligible for the premium assistance subsidy as provided in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), such premium payment shall be calculated as 35 percent of the rate for active group members including any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. (a.2) The rights and benefits under this Code section attributable to Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5) shall expire when that act expires. Any extension of such benefits shall require an Act of the Georgia General Assembly. Under no circumstances shall the extended benefits for assistance eligible individuals become the responsibility of the State of Georgia or any insurer after September 30, 2010. (b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical coverage, or any combination of these coverages, on an expense incurred or service basis, excluding contracts and plans which provide benefits for specific diseases or accidental injuries only, shall provide that members and qualifying eligible individuals whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents. (c)(1) Any group member or qualifying eligible individual whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months, except the period of continuation coverage for assistance eligible individual in subsection (a.1) of this Code section, shall be nine months, upon payment of the premium by cash, certified check, or money order, at the option of the employer, to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of coverage in accordance with the conversion privileges contained in the group contract or group plan. (2) A covered individual who is an assistance eligible individual has a right to elect continuation of his or her coverage and the coverage of his or her dependents at any 4440 JOURNAL OF THE SENATE time between the effective date of this paragraph and 60 days after receiving notice from the employer's insurer of the right to participate in a second election period for state continuation benefits under this Code section in accordance with Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5) if: (A) The individual was involuntarily terminated from employment between September 1, 2008, and February 17, 2009, as defined in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5); (B) The individual was eligible for state continuation under this chapter at the time of termination; (C) The individual continues to be eligible for state continuation benefits under this chapter, provided that the total period of continuous eligibility shall not exceed nine policy months from the month of the qualifying event making the individual an assistance eligible individual or the date of the election as provided in this paragraph, whichever is later; and (D) The individual or the employer of the individual contacts the insurer and informs the insurer that the individual wants to take advantage of the second election period for state continuation coverage under the provisions of Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5). (3) In addition to the group policy under which the group member was insured, the group member and any qualifying eligible individual shall, to the extent that such plan is currently offered under the group plans offered by the company, also be offered the option of continuation coverage through a high deductible health plan, or its actuarial equivalent, that is eligible for use with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. Such high deductible health plans shall have premiums consistent with the underlying group plan of coverage rated relative to the standard or manual rates for the benefits provided. (4) Claims for a covered individual under continuation of coverage shall not be considered in rating or rerating the group premiums for the group from which the continuation of coverage is provided, except that the pooled experience for all of the insurer's continuation of coverage claims for fully insured claims may impact all such groups on an equal percentage basis. (d)(1) A group member shall not be entitled to have coverage continued if: (A) termination of coverage occurred because the employment of the group member was terminated for cause; (B) termination of coverage occurred because the group member failed to pay any required contribution; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a qualifying eligible individual under any contract or plan. (2) A qualifying eligible individual shall not be entitled to have coverage continued if FRIDAY, APRIL 3, 2009 4441 the most recent creditable coverage within the coverage period was terminated based on one of the following factors: (A) failure of the qualifying eligible individual to pay premiums or contributions in accordance with the terms of the health insurance coverage or failure of the issuer to receive timely premium payments; (B) the qualifying eligible individual has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of coverage; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. This subsection shall not affect conversion rights available to a group member under any contract or plan. (e) If the group contract or group plan terminates while any group member or qualifying eligible individual is covered or whose coverage is being continued, the group administrator, as prescribed by the insurer, must notify each such group member or qualifying eligible individual that he or she must exercise his or her conversion rights within: (1) Thirty days of such notice for group members who are not qualifying eligible individuals; or (2) Sixty-three days of such notice for qualifying eligible individuals. (f) Every group contract or group plan, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical expense insurance, or any combination of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provision. (g) Eligibility for the converted policies or contracts shall be as follows: (1) Any qualifying eligible individual whose insurance and its corresponding eligibility under the group policy, including any continuation available, elected, and exhausted under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than fraud or failure of the qualifying eligible individual to pay a required premium contribution to the employer or, if so required, to the insurer directly and who has at least 18 months of creditable coverage immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group based coverage covering such qualifying eligible individual and any eligible dependents who were covered under the qualifying eligible individual's coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The insurer must offer qualifying eligible individuals at least two distinct conversion options from which to choose. One such choice of coverage shall be comparable to comprehensive health insurance coverage offered in the individual market in this state or comparable to a standard 4442 JOURNAL OF THE SENATE option of coverage available under the group or individual health insurance laws of this state. The other choice may be more limited in nature but must also qualify as creditable coverage. Each coverage shall be filed, together with applicable rates, for approval by the Commissioner. Such choices shall be known as the 'Enhanced Conversion Options'; (2) Premiums for the enhanced conversion options for all qualifying eligible individuals shall be determined in accordance with the following provisions: (A) Solely for purposes of this subsection, the claims experience produced by all groups covered under comprehensive major medical or hospitalization accident and sickness insurance for each insurer shall be fully pooled to determine the group pool rate. Except to the extent that the claims experience of an individual group affects the overall experience of the group pool, the claims experience produced by any individual group of each insurer shall not be used in any manner for enhanced conversion policy rating purposes; (B) Each insurer's group pool shall consist of each insurer's total claims experience produced by all groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance from which the qualifying eligible individual is converting. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts and contracts issued to trusts, multiple employer trusts, or association groups or trusts, including trusts or arrangements providing group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, through contracts issued or issued for delivery in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement; and any other group-type coverage which is determined to be a group shall also be included in the pool for enhanced conversion policy rating purposes; and (C) Any other factors deemed relevant by the Commissioner may be considered in determination of each enhanced conversion policy pool rate so long as it does not have the effect of lessening the risk-spreading characteristic of the pooling requirement. Duration since issue and tier factors may not be considered in conversion policy rating. Notwithstanding subparagraph (A) of this paragraph, the total premium calculated for all enhanced conversion policies may deviate from the group pool rate by not more than plus or minus 50 percent based upon the experience generated under the pool of enhanced conversion policies so long as rates do not deviate for similarly situated individuals covered through the pool of enhanced conversion policies; (3) Any group member who is not a qualifying eligible individual and whose insurance under the group policy has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group member to pay a required premium contribution, and who has been continuously FRIDAY, APRIL 3, 2009 4443 covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents who were covered under the group member's coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The premium of the basic converted policy shall be determined in accordance with the insurer's table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided. This form of conversion coverage shall be known as the 'Basic Conversion Option'; and (4) Nothing in this Code section shall be construed to prevent an insurer from offering additional options to qualifying eligible individuals or group members. (h) Each group certificate issued to each group member or qualifying eligible individual, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bearing its own caption. The provisions shall clearly set forth a full description of the continuation and conversion rights available, including all requirements, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation or conversion. (i) This Code section shall not apply to limited benefit insurance policies. For the purposes of this Code section, the term 'limited benefit insurance' means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term limited benefit insurance includes accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, and comprehensive major medical insurance coverage. (j) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section. Such rules and regulations may prescribe various conversion plans, including minimum conversion standards and minimum benefits, but not requiring benefits in excess of those provided under the group contract or group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, reductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state. (k)(1) This Except as provided in paragraph (2) of this subsection, this Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after July 1, 1998 2009, and to group plans and group contracts then in effect on the first anniversary date occurring on or after July 1, 1998 2009. (2) The provisions of paragraphs (2) and (3) of subsection (c) of this Code section shall apply to all group plans and group contracts in effect on September 1, 2008. (l) As soon as practicable, but no later than 30 days after the effective date of this 4444 JOURNAL OF THE SENATE subsection, the Commissioner shall develop and direct insurers to issue notices for assistance eligible individuals regarding availability of expanded eligibility, second election, and continuation coverage assistance to be sent to the last known addresses of such assistance eligible individuals. (m) Nothing in this chapter shall imply that individuals entitled to continuation coverage who are not assistance eligible individuals shall receive benefits beyond the period of coverage provided in paragraph (1) of subsection (c) of this Code section or that assistance eligible individuals are entitled to any continuation benefit period beyond what is provided by Section 3001 of Title III of the federal American Recovery and Reinvestment Act of 2009." 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 Hill of the 32nd moved that the Senate agree to the House substitute to SB 94 as amended by the following amendment: Senator Hill of the 32nd offered the following amendment: Amend the House substitute to SB 94 by inserting after "System;" on line 6 "to provide that the Commissioner of Insurance shall be authorized to allow certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health insurance policies;"; by redesignating Sections 2 and 3 as Sections 3 and 4, respectively; and by inserting after line 296 the following: SECTION 2. Said title is further amended by adding a new Code section to read as follows: "33-51-7. (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 FRIDAY, APRIL 3, 2009 4445 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." On the motion, a roll call was taken and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey C Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Y Weber C Wiles Williams (PRS) On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 94 as amended by the Senate. The following bill was taken up to consider House action thereto: HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to 4446 JOURNAL OF THE SENATE provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Harp of the 29th asked unanimous consent that the Senate insist on its substitute to HB 189. The consent was granted, and the Senate insisted on its substitute to HB 189. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 487. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines and fees; to provide an effective date; 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 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd: A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Morgan of the 39th, Casas of the 103rd, and Coleman of the 97th. The House has agreed to the Senate substitute to the following Resolution of the House: FRIDAY, APRIL 3, 2009 4447 HR 336. By Representatives Everson of the 106th, Cox of the 102nd, Collins of the 95th, Casas of the 103rd and Mitchell of the 88th: A RESOLUTION honoring the life and sacrifice of Corporal Jonathan Ryan Ayers and dedicating an interchange in his memory; and for other purposes. The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 26. By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Hooks of the 14th assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Mullis of the 53rd Tolleson of the 20th Senator Balfour of the 9th asked unanimous consent that HR 161, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HR 161 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HR 161, having been taken from the Table, was put upon its adoption. HR 161. By Representatives Hugley of the 133rd, Epps of the 128th, Benfield of the 85th, Brooks of the 63rd, Millar of the 79th and others: A RESOLUTION compensating Mr. John Jerome White; and for other purposes. Senate Sponsor: Senator Tate of the 38th. The Senate Appropriations Committee offered the following substitute to HR 161: 4448 JOURNAL OF THE SENATE A RESOLUTION Compensating Mr. John Jerome White; and for other purposes. WHEREAS, in 1979, a man forcibly entered the home of a 74 year-old woman in Meriwether County and robbed, beat, and raped her; and WHEREAS, a young man named Mr. John Jerome White was convicted of the crimes, largely on eyewitness testimony, and sentenced to life in prison; and WHEREAS, he was paroled in 1990, but subsequent convictions caused him to be returned to prison to serve out the life sentence; and WHEREAS, DNA tests conducted at the urging of the Georgia Innocence Project led authorities to identify the actual perpetrator of the crimes, a man with whom law enforcement was familiar and who was in the lineup at the time the witness mistakenly identified Mr. White as the perpetrator; and WHEREAS, on December 10, 2007, Mr. White was released after his 1979 indictment was nol-prossed; and WHEREAS, Mr. White, now 48 years old, lost almost three decades of his life and is now the longest serving of the nation's exonerees due to post-conviction DNA testing; and WHEREAS, Mr. White has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his 28 years of incarceration and expenses in trying to prove his innocence totaling $3 million; and WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. White, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $500,000.00, to be paid out over a period of 20 years to Mr. John Jerome White as compensation as provided above. Two-thirds of such amount shall be paid in equal monthly installments before Mr. White's sixty-fifth birthday. The remaining onethird shall be paid in equal monthly installments beginning on Mr. White's sixty-fifth birthday such that there will be a total of 240 monthly payments, counting payments before, on, and after Mr. White's sixty-fifth birthday. The payments provided for in this resolution may be accomplished through the purchase of one or more annuities. Said sum shall be paid from funds appropriated to or available to the Department of FRIDAY, APRIL 3, 2009 4449 Administrative Services and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. BE IT FURTHER RESOLVED that all payments and all obligations of the state for any and all future payments shall cease upon the date of death of the beneficiary, Mr. John Jerome White, and no such payments shall be assignable under any circumstances. All payments shall cease upon any further felony conviction. Mr. White shall be subject to periodic, unannounced drug testing, and all payments shall cease if any such test indicates the presence of any illegal drugs. No payment shall be made during any period during which Mr. White is not employed, self-employed, performing voluntary work for a charitable organization, or seeking employment. Prior to the commencement of payments, Mr. White and the Department of Administrative Services shall enter into a written agreement containing the terms and conditions specified in this resolution; and the execution of such agreement shall be a condition precedent to any payment by the department. Senators Tate of the 38th, Pearson of the 51st, Harp of the 29th, Mullis of the 53rd and Staton of the 18th offered the following amendment #1 to the committee substitute: Amend the Senate Appropriations Committee substitute to HR 161 (LC 14 0119S) by striking lines 25 through 29 and inserting in lieu thereof the following: as compensation as provided above. The payments provided for in this resolution may be On the adoption of the amendment, there were no objections, and the Tate 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. Senator Tommie Williams, President Pro Tempore, assumed the Chair. 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 N Balfour Y Brown Y Buckner Y Bulloch Y Butler N Butterworth N Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks N Hudgens N Rogers N Seabaugh Y Seay N Shafer Y Sims N Smith Y Staton 4450 JOURNAL OF THE SENATE N Chance N Chapman N Cowsert N Crosby N Douglas Y Fort N Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp Y Jackson,L N Jackson,W N Johnson Y Jones N Moody E Mullis N Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Stoner Y Tarver Y Tate Thomas Y Thompson,C Y Thompson,S E Tolleson C Unterman Weber N Wiles Williams (PRS) On the adoption of the resolution, the yeas were 29, nays 21. HR 161, having received the requisite constitutional majority, was adopted by substitute . The following bill was taken up to consider the Conference Committee Report thereto: HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st moved that the Senate adopt the Conference Committee Report on HB 481. Senator Orrock of the 36th objected due to the lack of a corresponding fiscal note. Senator Rogers of the 21st withdrew his motion to consider the Conference Committee Report on HB 481 until a fiscal note could be presented. FRIDAY, APRIL 3, 2009 4451 At 5:02 p.m. the President announced that the Senate would stand in recess until 6:30 p.m. At 6:30 p.m. Senator Tommie Williams, 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 agreed to the Senate amendment to the following Bill of the House: HB 141. By Representatives Mills of the 25th and Hill of the 21st: 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 update definitions; to provide for penalties for failure to provide requested information by financial institutions; to include bank holding companies in the definition of financial institutions; to include credit unions in restricted nomenclature; to broaden the definition of legal lending limit; to provide for payment of dividends by Subchapter S banks; to change the amount of par value; to provide for the investigative powers of the Department of Banking and Finance; to provide for immunity from civil liability for proper disclosure of information; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes to the following Bills of the House: HB 388. By Representatives Mills of the 25th, Everson of the 106th, Keen of the 179th, Harbin of the 118th, Walker of the 107th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for legislative intent; to provide a short title; to change the definition of "child" to include a human embryo; to provide for definitions; to provide for procedures for embryo adoption; to provide for nonapplicability of certain dependent exemption for income tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 528. By Representatives McCall of the 30th and England of the 108th: A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official 4452 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to require developers to provide audits to homeowners in certain circumstances; to repeal conflicting laws; and for other purposes. The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 63. By Representative Ehrhart of the 36th: 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 requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Ehrhart of the 36th, O`Neal of the 146th, and Dollar of the 45th. 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 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 3, 2009 4453 The Speaker has appointed on the part of the House, Representatives Martin of the 47th, Willard of the 49th, and Weldon of the 3rd. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 64. By Senators Reed of the 35th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Sims of the 12th 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 prior to discharge; to provide for notice; to provide for counseling; to repeal conflicting laws; and for other purposes. SB 238. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th: 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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House insists on its position in disagreeing to the Senate substitute, and has 4454 JOURNAL OF THE SENATE 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 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Carter of the 159th, Manning of the 32nd, and Knight of the 126th. 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 318. By Representatives McCall of the 30th and Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives McCall of the 30th, Roberts of the 154th, and Graves of the 12th. 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 439. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the FRIDAY, APRIL 3, 2009 4455 comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; 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 O`Neal of the 146th, Stephens of the 164th, and Bryant of the 160th. The House insists on its position in amending the following Bill of the Senate: SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr President: The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to 4456 JOURNAL OF THE SENATE 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 Butler of the 18th, Golick of the 34th, and Willard of the 49th. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 231. By Senator Weber of the 40th: 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 establish the PROMISE III teacher's scholarship; to provide for eligibility requirements; to provide for service cancelable requirements; to provide for the maximum amount; to provide for related matters; 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 164 HB 314 HB 393 HB 518 HB 583 HB 598 HB 618 HB 635 HB 643 HB 659 HB 672 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 724 HB 730 HB 744 HB 747 HB 782 HB 784 HB 798 HB 809 HB 812 HB 830 HB 841 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Hawkins of the 49th District, Chairman The following bill was taken up to consider House action thereto: FRIDAY, APRIL 3, 2009 4457 HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Tolleson of the 20th asked unanimous consent that the Senate adhere to its substitute to HB 169 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Tolleson of the 20th, Rogers of the 21st and Unterman of the 45th. The following bill was taken up to consider House action thereto: HB 63. By Representative Ehrhart of the 36th: 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 requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Balfour of the 9th asked unanimous consent that the Senate adhere to its substitute to HB 63 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, Chance of the 16th and Harp of the 29th. The following bill was taken up to consider House action thereto: 4458 JOURNAL OF THE SENATE SB 238. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for utilization by the Board of Regents of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Education Authority (University) of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Board of Technical and Adult Education of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Higher Education Facilities Authority of certain construction related services of the Georgia State Financing and Investment Commission; to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; 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 read as follows: "20-3-62.1. (a) As used in this Code section, the term 'project' has the same meaning provided by Code Section 20-3-151. (b) Georgia State Finance and Investment Commission shall manage all procurement, design, project management, construction, and commissioning related activities for all board of regents projects designated in a resolution of the commission authorizing the issuance of bonds for such project." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "20-3-153.1. FRIDAY, APRIL 3, 2009 4459 The authority shall utilize the construction related services of the Georgia State Financing and Investment Commission with respect to the design, planning, and construction of any project of the authority. The reimbursement of the commission by the authority for services provided by the commission shall be considered as part of the costs of the project." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "20-4-18.1. The Georgia State Financing and Investment Commission shall manage all procurement, design, project management, construction, and commissioning related activities for all State Board of Technical and Adult Education projects designated in a resolution of the commission authorizing the issuance of bonds for such project." SECTION 4. Said title is further amended by adding a new Code section to read as follows: "20-16-4.1. The authority shall utilize the construction related services of the Georgia State Financing and Investment Commission with respect to the design, planning, and construction of any project of the authority. The reimbursement of the commission by the authority for services provided by the commission shall be considered as part of the costs of the project." SECTION 5. Said title is further amended by revising Code Section 20-3-500, relating to granting of scholarships, as follows: "20-3-500. (a) The board of regents shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are necessary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the board of regents but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000.00 received. (b) In addition to financial assistance provided for in subsection (a) of this Code section, the board of regents shall have specific authority to grant financial assistance to medical and dental students at the Medical College of Georgia in the form of service cancelable loans to cover a portion of tuition costs. Such loans shall be repaid through the provision of services in Georgia according to terms to be specified therein. If any portion of such a loan is not repaid through service, the recipient shall become 4460 JOURNAL OF THE SENATE obligated for monetary repayment of twice the amount of the loan not repaid through service." SECTION 6. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Harp of the 29th asked unanimous consent that the Senate disagree to the House substitute to SB 238. The consent was granted, and the Senate disagreed to the House substitute to SB 238. The following bill was taken up to consider House action thereto: HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; 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 substitute to HB 283 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Smith of the 52nd, Hamrick of the 30th and Cowsert of the 46th. The following bill was taken up to consider House action thereto: HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd: A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of FRIDAY, APRIL 3, 2009 4461 Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Weber of the 40th asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 251 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 bill was taken up to consider House action thereto: SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Moody of the 56th asked unanimous consent that the Senate adhere to its disagreement to the House amendment to SB 178 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Moody of the 56th, Johnson of the 1st and Weber of the 40th. The following bill was taken up to consider House action thereto: SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th: 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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in 4462 JOURNAL OF THE SENATE which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend the Senate Finance committee substitute to SB 194 by inserting on line 7 after "committee;" the following: to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Building Authority, so as to exempt the authority from certain sales and use tax; By inserting between lines 155 and 156 the following: SECTION 2. Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Building Authority, by amending Code Section 50-9-13, relating to exemption from taxation, as follows: "50-9-13. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article and Article 2 of this chapter. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall include an exemption from all sales and use tax on property purchased, leased, or used by the authority." By redesignating Section 2 as Section 3. Senator Chance of the 16th asked unanimous consent that the Senate disagree to the House amendment to SB 194. The consent was granted, and the Senate disagreed to the House amendment to SB 194. FRIDAY, APRIL 3, 2009 4463 The following Senators were excused for business outside the Senate Chamber: Buckner of the 44th Stoner of the 6th The following Senators were excused as conferees: Reed of the 35th Wiles of the 37th 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 3, 2009 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 164 Seabaugh of the 28th Heath of the 31st CITY OF BREMEN A BILL to be entitled an Act to provide a new charter for the City of Bremen; to provide for incorporation, boundaries, and powers of the city within the counties of Haralson and Carroll; 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 other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. (Substitute) HB 393 Seabaugh of the 28th CITY OF SENOIA A BILL to be entitled an Act to amend an Act providing a new charter for the City of Senoia, approved April 19, 2000 (Ga. L. 2000, p. 3806), so as to increase the municipal terms of office; to provide that elections for certain municipal offices shall take place in oddnumbered years; to provide for related matters; to repeal conflicting laws; and for other purposes. 4464 HB 518 HB 583 HB 598 HB 618 JOURNAL OF THE SENATE Hooks of the 14th CITY OF GENEVA IN TALBOT COUNTY A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Geneva in Talbot County, Georgia, approved April 10, 1998 (Ga. L. 1998, p. 4413), so as to designate the center of the town and define the corporate city limits; to provide for related matters; to repeal conflicting laws; and for other purposes. Golden of the 8th CITY OF VALDOSTA A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Valdosta, approved April 19, 2000 (Ga. L. 2000, p. 4025), as amended, so as to revise the corporate limits of said municipality; to provide for related matters; to repeal conflicting laws; and for other purposes. Hooks of the 14th CITY OF LUMPKIN A BILL to be entitled an Act to provide a new charter for the City of Lumpkin; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Crosby of the 13th Tolleson of the 20th WILCOX COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to provide for continuation in office of current members; to provide for the staggered election and terms of office of subsequent members; to provide for submission of HB 659 HB 643 HB 672 FRIDAY, APRIL 3, 2009 4465 this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Shafer of the 48th Moody of the 56th CITY OF JOHNS CREEK A BILL to be entitled an Act to amend an Act providing a charter for the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), so as to provide for certain restrictions on the adoption of ordinances; to provide certain actions regarding the mayor's veto authority; to provide for the authority to remove certain officials; to provide for the repeal of certain authority from the city manager; to provide for oath of office; to repeal certain provisions regarding the city accountant; to provide for related matters; to repeal conflicting laws; and for other purposes. Harbison of the 15th Harp of the 29th COLUMBUS, GA A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to provide for certain meeting requirements for the Council of such county-wide government; to provide for related matters; to repeal conflicting laws; and for other purposes. Thomas of the 54th WHITFIELD COUNTY A BILL to be entitled an Act to amend an Act to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof, approved March 28, 1990 (Ga. L. 1990, p. 4663), so as to provide that the authorization to elect continued group health insurance coverage of those members, officers, and the spouses and eligible dependents of those individuals employed or elected on or after the effective date of this Act shall no longer be available to such individuals once they are no longer serving as members or officers; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. 4466 HB 724 HB 730 HB 744 JOURNAL OF THE SENATE Butterworth of the 50th TOWN OF ALTO A BILL to be entitled an Act to reincorporate and provide a new charter for the Town of Alto, Georgia; to provide for the corporate limits of the town, the powers of the town, and the form and method of government of the town; to provide for a town manager; to provide for the administration of town affairs; to provide for the municipal court of the town; to provide for elections for town offices; to provide for taxation by the town; to provide for financial management of the town; to provide for the financial and fiscal affairs of the town; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for related matters; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Jones of the 10th Douglas of the 17th Buckner of the 44th HENRY COUNTY A BILL to be entitled an Act to amend an Act amending an Act providing a new board of commissioners of Henry County, approved March 19, 1987 (Ga. L. 1987, p. 4464), so as to repeal a certain provision requiring board members to resign if standing for election to other public office; to provide that such provision should not be a part of an Act approved March 28, 1974 (Ga. L. 1974, p. 3680), to repeal conflicting laws; and for other purposes. Sims of the 12th BAKER COUNTY A BILL to be entitled an Act to create a board of elections and registration for Baker County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 747 HB 784 HB 798 HB 809 FRIDAY, APRIL 3, 2009 4467 Tolleson of the 20th COUNTY OF BLECKLEY A BILL to be entitled an Act to repeal an Act authorizing the employment of a certified accountant to audit all county books annually for the county of Bleckley, approved August 16, 1915 (Ga. L. 1915, p. 158), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Rogers of the 21st Murphy of the 27th CITY OF CANTON A BILL to be entitled an Act to authorize the governing authority of the City of Canton to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Williams of the 19th LONG COUNTY A BILL to be entitled an Act to create a board of elections and registration for Long 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 qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Hooks of the 14th Staton of the 18th Tolleson of the 20th Brown of the 26th WARNER ROBINS PUBLIC FACILITIES AUTHORITY A BILL to be entitled an Act to create the Warner Robins Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of 4468 HB 812 HB 830 HB 841 JOURNAL OF THE SENATE office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for exemptions from taxation; to provide for tort immunity; to repeal conflicting laws; and for other purposes. Thompson of the 5th Jones of the 10th Weber of the 40th Henson of the 41st Adelman of the 42nd Ramsey of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3779), so as to change certain provisions relating to the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mullis of the 53rd CITY OF FORT OGLETHORPE A BILL to be entitled an Act to amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes. Grant of the 25th BUTTS COUNTY A BILL to be entitled an Act to create a joint county-municipal board of elections and registration for Butts County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of FRIDAY, APRIL 3, 2009 4469 members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the board's organization, powers, and duties; to provide for related matters; to provide an effective date; to repeal an Act approved April 6, 2004 (Ga. L. 2004, p. 3525); to repeal conflicting laws; and for other purposes. HB 635 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. 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 314 Seabaugh of the 28th Reed of the 35th CITY OF PALMETTO A BILL to be entitled an Act to provide for a homestead exemption from City of Palmetto ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older and whose income, excluding certain retirement income, does not exceed $16,000.00; 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 782 Butterworth of the 50th TOWNS COUNTY A BILL to be entitled an Act to provide a homestead exemption from Towns County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for 4470 JOURNAL OF THE SENATE residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Senator Douglas filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 730, which is on the Supplemental Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Douglas of the 17th /s/ Hawkins of the 49th /s/ Murphy of the 27th Date: Friday, April 3, 2009 Pursuant to Senate Rule 4-2.9(b), HB 730 was placed on the Senate Local Contested Calendar for today. The substitute to the following bill was put upon its adoption: *HB 164: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 164: A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Bremen; to provide for incorporation, boundaries, and powers of the city within the counties of Haralson and Carroll; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for an independent city school system; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to FRIDAY, APRIL 3, 2009 4471 provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.01. Name. This city and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style "Bremen, Georgia", and by that name shall have perpetual succession. SECTION 1.02. Corporate Boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the Clerk of the City of Bremen and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Bremen, Georgia." Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. 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 the State of Georgia as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. 4472 JOURNAL OF THE SENATE SECTION 1.04. Examples of Powers. (a) Animal Regulations. To regulate and license or to prohibit the keeping or running atlarge 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; (b) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (c) 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; (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, as granted to municipalities under general law of the State of Georgia, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (g) 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; (h) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) 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; (j) 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 FRIDAY, APRIL 3, 2009 4473 payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (k) 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; (l) 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; (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (n) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains and other public property in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) 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; (p) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (q) 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; (r) 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; (s) 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; (t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (v) 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; (w) Planning and Zoning. To provide comprehensive city planning for development by 4474 JOURNAL OF THE SENATE zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (x) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency; (y) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (z) Public Improvements. To provide for the acquisition by purchase, prescription, dedication or donation, and the construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; (aa) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial and economically feasible; (cc) 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; (dd) 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 the rights-of-way of streets and roads, within the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-ofway 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; (gg) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service FRIDAY, APRIL 3, 2009 4475 charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system; (hh) 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; (ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment establishments, and massage parlors; (jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (mm) Taxicabs and Other Public Transportation. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (nn) Urban Redevelopment. To organize and operate an urban redevelopment program; (oo) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.05. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, 4476 JOURNAL OF THE SENATE or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE GENERALLY LEGISLATIVE BRANCH A. Creation. SECTION 2.01. City Council Creation; Number; Election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four (4) council-members. The council members shall be elected by city wide - at large elections. Each duly elected council member will occupy a seat on the council to be designated as Seat One, Seat Two, Seat Three and Seat Four, respectively. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and council-members shall be elected in the manner provided by general law and this charter. B. Terms and Qualifications for Office. SECTION 2.02. City Council Terms and Qualifications for Office. The members of the city council shall serve for terms of 4 years and until their respective successors are elected and qualified. No person shall be eligible to serve as a councilmember unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of councilmember. A duly elected councilmember shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city. C. Vacancies in Office. SECTION 2.03. Vacancy; Filling of Vacancies. (a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. FRIDAY, APRIL 3, 2009 4477 (b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of the city council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.04 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted. D. Compensation and Expenses. SECTION 2.04. Compensation and Expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. E. Prohibitions. SECTION 2.05. Conflicts of Interest; Holding Other Offices. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, as defined by state law, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or 4478 JOURNAL OF THE SENATE (6) Vote on any contract with any business or entity in which the official has a significant financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of Public Property - No elected official, appointed officer, or employee of the city or 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. (e) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. (g) Political Activities of Councilmember and Certain Officers and Employees (1) No councilmember or appointive officer of the city shall continue in such position or employment upon qualifying as a candidate for nomination or election to any public office. This section shall not apply to a councilmember that qualifies as an incumbent seeking reelection to his or her seat on the council. (2) No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for Violation (1) Any city officer or employee shown to have knowingly concealed such financial interest or knowingly violated any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. FRIDAY, APRIL 3, 2009 4479 F. Inquiries and Investigations. SECTION 2.06. Inquiries and Investigations. Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. This provision is intended to allow the council to conduct comprehensive investigations of the city's affairs as well as the conduct of any of its departments, offices or agencies so as to maintain proper legislative oversight of city government. The inquiries and investigations authorized may only be conducted by the council, not individual council members, and only for the purposes of an official investigation. G. General Power and Authority. SECTION 2.07. General Power and Authority of the City Council. Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. H. Eminent Domain. SECTION 2.08. Eminent Domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, educational, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. ORGANIZATION AND PROCEDURES I. Meetings. SECTION 2.09. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in the first full month following the passage and adoption of this charter; provided however, that the mayor and council members in office at the time of adoption of this charter shall continue in office until that date. The meeting shall be called to order by the city clerk and the oath of office shall be administered to any and all newly elected members as 4480 JOURNAL OF THE SENATE follows: "I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America." (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tem shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.05. SECTION 2.10. Regular and Special Meetings. (a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two (2) members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. J. Procedures. SECTION 2.11. Rules of Procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be nominated and appointed by the mayor with the approval of council and shall serve at the pleasure of the city council. The mayor shall have the power to recommend and appoint, with the approval of council, new members to any committee at any time. FRIDAY, APRIL 3, 2009 4481 SECTION 2.12. Quorum: Voting. Three councilmembers, or two councilmembers and the Mayor, shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three (3) councilmembers (or two councilmembers and the Mayor only when the Mayor has been counted as a member for purposes of a quorum) shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. K. Ordinances. SECTION 2.13. Ordinance Form; Procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Bremen" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.15. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.14. Action Requiring An Ordinance. Acts of the city council that have the force and effect of law shall be enacted by ordinance. SECTION 2.15. Emergencies, Emergency Ordinances, Procedures and Limitations. (a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two (2) councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the 4482 JOURNAL OF THE SENATE borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with section 50-14-1, as amended, of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. SECTION 2.16. Codes of Technical Regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.17(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.17. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public. SECTION 2.17. Signing; Authenticating; Recording; Codification; Printing. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Bremen, Georgia." Copies of the code shall be FRIDAY, APRIL 3, 2009 4483 furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. L. Council-Manager Form of Government. SECTION 2.18. City Manager; Appointment; Qualifications; Compensation. The city council shall appoint a city manager for an indefinite term and shall fix the manager's compensation. The manager shall be appointed solely on the basis of executive and administrative qualifications. SECTION 2.19. Removal of City Manager. The city manager is employed at will and may be summarily removed from office at any time by the city council. SECTION 2.20. Acting City Manager. By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease. SECTION 2.21. Powers and Duties of the City Manager. The city manager shall be the chief administrative officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief administrative officer, the 4484 JOURNAL OF THE SENATE manager shall: (a) appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (b) direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law; (c) attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline or removal of the city manager and have the right to take part in discussion but not vote; (d) see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (e) prepare and submit the annual operating budget and capital budget to the city council; (f) submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (g) make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to the manager's direction and supervision; (h) keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the manager deems desirable; and (i) perform other such duties as are specified in this charter or as may be required by the city council. SECTION 2.22. Council Interference with Administration. Except for the purpose of inquiries and investigations under Section 2.06, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 2.23. Election of Mayor; Forfeiture; Compensation. The mayor shall be elected and serve for a term of 4 years and until a successor is elected and qualified. No person shall be eligible to serve as mayor unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have FRIDAY, APRIL 3, 2009 4485 established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of mayor. A duly elected mayor shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.24. Powers and Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the chief executive officer and head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (c) have power to administer oaths and to take affidavits; (d) sign as a matter of course on behalf of the city all written and approved contracts, ordinances and other instruments executed by the city which by law, this charter or city ordinances are required to be approved by the city council and to be in writing; (e) represent the city in intergovernmental relations; (f) appoint members of citizen advisory boards and commissions with the advice and consent of the council, and make recommendations to the city council concerning the appointment of members of regulatory agencies, boards, or authorities whose members are subject to appointment and approval by the city council; (g) present an annual state of the city message; (h) recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (i) call special meetings of the city council as provided for in Section 2.10(b); (j) approve or disapprove ordinances as provided in Section 2.25; (k) provide for an annual audit of all accounts of the city; (l) require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (m) fulfill such other executive and administrative duties as the city council shall by ordinance establish, or as may be required by law, this charter, or by ordinance. SECTION 2.25. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. 4486 JOURNAL OF THE SENATE (b) The mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three (3) members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) above. SECTION 2.26. Limitation on Terms of Service. There shall be no limitation on the terms of election for a mayor or a member of the council. ARTICLE III ADMINISTRATIVE AFFAIRS ORGANIZATIONAL AND GENERAL PROVISIONS SECTION 3.01. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all non-elective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance, or as set out in the duly adopted budget for the fiscal year. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. FRIDAY, APRIL 3, 2009 4487 (e) All appointive officers and directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance. SECTION 3.02. Boards, Commissions and Authorities. (a) The city council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three (3) members of the city council, or in the event of a tie vote, by the vote of two (2) members of the council and the affirmative vote of the Mayor, unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. (i) Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city. 4488 JOURNAL OF THE SENATE ADMINISTRATIVE OFFICERS SECTION 3.03. City Attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. SECTION 3.04. City Clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the City Manager. The City Clerk shall report to the City Manager. PERSONNEL ADMINISTRATION SECTION 3.05. Position Classification and Pay Plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. SECTION 3.06. Personnel Policies. All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. ARTICLE IV JUDICIAL BRANCH MUNICIPAL COURT SECTION 4.01. Creation; Name. FRIDAY, APRIL 3, 2009 4489 There shall be a court to be known as the Municipal Court of the City of Bremen. SECTION 4.02. Chief Judge; Associate Judge. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.11. SECTION 4.03. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.04. Jurisdiction; Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or ten (10) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of One Thousand ($1000.00) dollars or imprisonment for six (6) months or both such fine and imprisonment, or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by state law for municipal courts within the State of Georgia. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners as provided by state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the 4490 JOURNAL OF THE SENATE appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two (2) 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, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. 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 Haralson or Carroll County (depending upon the location of the offense which forms the substance upon which the decision and judgment appealed from was rendered) 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 shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. FRIDAY, APRIL 3, 2009 4491 ARTICLE V ELECTIONS AND REMOVAL ELECTIONS A. General Law. SECTION 5.01. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code (Title 21, Chapter 2 of the Official Code of Georgia Annotated) as now or hereafter amended. B. Election of Officers. SECTION 5.02. Election of the City Council and Mayor. (a) There shall be a municipal general election biennially in the even numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two (2) councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. Elections for the office of Mayor and for positions on the council designated as Seat Three and Seat Four shall be held on the same date and year as the election for the governor of the State of Georgia. Elections for positions on the council designated as Seat One and Seat Two shall be held two years thereafter. SECTION 5.03. Non-Partisan 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 5.04. Election by Plurality. The person receiving a plurality of the votes cast for any city office shall be elected. C. Vacancies. SECTION 5.05. Special Elections; Vacancies. In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if 4492 JOURNAL OF THE SENATE such vacancy occurs within 12 months of the expiration of the term of that office, the 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 the Georgia Municipal Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. D. Other Provisions. SECTION 5.06. 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 the Georgia Municipal Election Code. REMOVAL OF OFFICERS SECTION 5.07. Removal of Officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Haralson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Haralson County following a hearing on a complaint seeking such removal brought by a minimum of five (5) residents of the city. ARTICLE VI FINANCE GENERALLY TAXATION AND VARIOUS FEES A. Property Taxes. FRIDAY, APRIL 3, 2009 4493 SECTION 6.01. Property Tax. The city council may levy and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county within which the property is situate. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.02. Millage Rate; Due Dates; Payment Methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. B. Occupation Taxes and Regulatory Fees. SECTION 6.03. Occupation and Business Taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.09. SECTION 6.04. Regulatory Fees; Permits. The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.09. SECTION 6.05. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other 4494 JOURNAL OF THE SENATE similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority, as permitted or regulated by state law, to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. SECTION 6.06. Service Charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.09. SECTION 6.07. Special Assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.09. SECTION 6.08. Construction; Other Taxes and Fees. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. C. Collection of Delinquent Taxes. SECTION 6.09. Collection of Delinquent Taxes and Fees. The city council, by ordinance, may provide generally for the collection of delinquent FRIDAY, APRIL 3, 2009 4495 taxes, fees, or other revenue due the city under Sections 6.01 through 6.08 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; refusal to issue city permits or revocation of city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. BORROWING SECTION 6.10. General Obligation Bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.11. Revenue Bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. SECTION 6.12. Short-Term Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.13. Lease-Purchase Contracts. The city may enter into multiyear lease, purchase or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. ACCOUNTING AND BUDGETING SECTION 6.14. Fiscal Year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the 4496 JOURNAL OF THE SENATE budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government. SECTION 6.15. Preparation of Budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan and a capital budget, including requirements as to the scope, content and form of such budgets and plans. SECTION 6.16. Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.17. Action by City Council on Budget. (a) The city council may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.15. (c) The amount set out in the adopted operating budget for each organizational unit shall FRIDAY, APRIL 3, 2009 4497 constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. SECTION 6.18. Tax Levies. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. SECTION 6.19. Changes in Appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.20. Capital Budget. (a) On or before the date fixed by the city council but no later than forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.15. (b) The city council shall adopt by resolution or ordinance the final capital budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor or the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. 4498 JOURNAL OF THE SENATE SECTION 6.21. Independent Audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public. PROCUREMENT AND PROPERTY MANAGEMENT SECTION 6.22. Contracting Procedures. Except in an emergency situation, no contract with the city in excess of fifty thousand ($50,000) Dollars, shall be binding on the city unless: (a) it is in writing; (b) it is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (c) it is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.11, provided however, in the event of an emergency, the contract may be submitted to the City Council at the next regularly scheduled meeting of Mayor and Council for review and ratification. SECTION 6.23. Centralized Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing and contracting for the city. SECTION 6.24. Sale and Lease of City Property. (a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the FRIDAY, APRIL 3, 2009 4499 enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII INDEPENDENT CITY SCHOOL SYSTEM SECTION 7.01. Acknowledgment of Establishment of Bremen Public School System and Authority to Continue and Maintain the Bremen Public School System. (a) Be it acknowledged that pursuant to the authority granted to the mayor and council of the city under the provisions of the Charter of 1907 Ga. Laws page 475, Section 6 with subsequent ratification by an affirmative vote in excess of two-thirds of the qualified voters of the city, the City of Bremen has heretofore established an independent public school system for the City of Bremen and organized a school board for the governance of said school system, known as the Bremen Public School System. (See, 1907 Ga. Laws, page 475, Section 6) (b) Be it further acknowledged that Article VIII, Section V, paragraph I of the Constitution of this State authorizes and empowers the City to continue the Bremen Public School System as an independent school system whose borders are the same as the City of Bremen. (c) Be it further acknowledged that the independent school system known as the Bremen Public School System has continued to operate and has not ceased in its functions and duties since its creation. (d) Be it enacted by the authority aforesaid that the Board of Education of the City of Bremen is hereby authorized and empowered, and the sole authority is granted to the Board of Education to continue to, maintain and control the Bremen Public School System, as an independent public school system in the city, through local taxation and other means of support as permitted by Georgia law and in conformity with and as permitted by Article VIII, Section V, paragraph I of the Constitution of this State. SECTION 7.02. Qualification of Members; Terms; and Election of Board of Education. The Board of Education of the City of Bremen shall consist of five members elected by city wide - at large elections. Each duly elected board member will occupy a seat on the Board designated as post #1, post #2, post #3, post #4 and post #5, respectively of the Board of Education of the City of Bremen. The members of the board of education shall serve for terms of 4 years and until their respective successors are elected and qualified. 4500 JOURNAL OF THE SENATE No person shall be eligible to serve as a member of the board unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of board member. A duly elected member shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city. Anyone seeking election to the board of education of said city shall designate the particular post for which he seeks to be elected and the person receiving a plurality of the votes cast for such post shall be elected. The members of the board of education presently serving in office shall continue to serve out their respective terms of office. Thereafter, successors to such education posts shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on January 1 immediately following such election. The Board of Education and the election of the members of the Board of Education of the Bremen Public School System shall be governed by all applicable Local Acts and applicable state law. SECTION 7.03. Organization of Board of Education. Be it further enacted by the authority aforesaid, that the officers of said board of education shall be as provided by law and the policies of the Board of Education. SECTION 7.04. Powers of Board of Education. Be it further enacted by the authority aforesaid, the Board of Education of the Bremen Public School System is hereby vested with the authority and power provided for in the Georgia Constitution and any applicable Local Acts and state law applicable to both county and independent school districts. SECTION 7.05. Duties of Board of Education. Be it further enacted by the authority aforesaid, that said board of education shall faithfully perform the duties prescribed under the Local Acts and under any applicable state law. In addition thereto the Board of Education shall: (a) Annually make, through its treasurer, a report to the mayor and council of the city, with a full itemized statement of all the moneys received and expended by said board, and present vouchers and receipts therefor as may be requested by the mayor and council. This report shall contain an estimate of the amount of funds required for the proper conduct of said school for the ensuing year; and, (b) Form and participate in a joint committee between the board and the mayor and FRIDAY, APRIL 3, 2009 4501 council of the city of such members as the board of education and the city council shall agree. The committee shall meet at least twice annually in order to review the financial status of both governmental agencies, to examine the amount of taxes levied by both agencies and the tax burden on business and property owners, to consider tax exceptions and to otherwise review the tax burden on its citizens, and to make appropriate recommendations to the board and council as to these matters. SECTION 7.06. Superintendent; Appointment; Qualifications; Compensation. The Board of Education shall employ a Superintendent for a definite term, as permitted by state law, and shall fix the Superintendent's compensation. SECTION 7.07. Superintendent; Method of Hiring and Removal. The board of education is empowered to enter into a contractual agreement with a candidate for Superintendent of the system upon terms and conditions mutually agreeable to the board and the candidate for Superintendent. SECTION 7.08. Powers and Duties of the Superintendent. The Superintendent shall be the chief administrative officer of the Bremen Public School System. The Superintendent shall be responsible to the board for the administration of all school system affairs placed in the Superintendent's charge by or under this charter. As the chief administrative officer of the school system, the superintendent shall faithfully perform the duties prescribed by the Board and by all applicable state laws and by contract with the Board of Education. SECTION 7.09. Board of Education Interference with Administration. Except for the purpose of inquiries and investigations of the actions of the Superintendent, the school board and its members shall deal with teachers, staff, and employees of the school system who are subject to the direction and supervision of the Superintendent solely through the superintendent, and neither the board of education nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 7.10. Title to and Control of School Property. Be it further enacted by the authority aforesaid, that said board of education is authorized 4502 JOURNAL OF THE SENATE and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board or to said city for school purposes, for the benefit of the Bremen Public School System. Title to all property utilized or occupied by the Bremen Public School System or the Board of Education of the City of Bremen for school purposes shall be vested in the Board of Education of the City of Bremen and the board of education shall have the power to hold, manage, control and dispose of such property. SECTION 7.11. Compensation of school board. Be it further enacted by the authority aforesaid, that no officer of said board shall have any compensation for his services except the treasurer, whose compensation shall be fixed by the board of education prior to his election and qualification. Subject to the approval of the board, board members may be entitled to receive appropriate per diem, insurance and expenses as provided by O.C.G.A. Section 20-2-55, as amended. SECTION 7.12. Accounting and payment of school taxes to board of education. All taxes collected by the City of Bremen for or on behalf of the Bremen City Schools shall be accounted for and paid over to the board of education of the Bremen City Schools on a monthly basis. An accounting of the taxes collected each month shall be made available to the Board upon request. The Board of Education and the City Council by intergovernmental agreement shall prorate the cost of collecting ad valorem taxes levied for the operation of city government and the operation of the Bremen Public School System. SECTION 7.13. School tuition. Be it further enacted by the authority aforesaid, that all students within the age range established by state law who are bona fide residents of the City of Bremen shall be entitled to the benefits of the school system, and no such child or children shall be required to pay any tuition for such course of study as is now provided by law in the public schools of the several counties of this State, but the board of education may, in their discretion, require children living outside of the limits of said city to pay tuition for educational benefits afforded to them for and during the school term at a fee to be established on an annual basis by the Board of Education. All such tuition shall become a part of the fund for the maintenance of said public school system, and must be used and accounted for as shall likewise any other fee. FRIDAY, APRIL 3, 2009 4503 SECTION 7.14. Funds as Trust Funds. Be it further enacted by the authority aforesaid, that all assessments of taxes and all funds arising from or collected under this Act shall be by the City of Bremen kept separate and distinct from other assessments and collections of the City of Bremen, and are to be used solely for the purposes herein designated, and the City of Bremen shall keep a separate, full and distinct itemized account showing all moneys raised, when, how, and from whom and for what purposes and the disposition of the same; and to whom, when and for what purposes paid out. ARTICLE VIII GENERAL PROVISIONS BONDS FOR OFFICIALS SECTION 8.01. Bonds for Officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 8.02. Existing Ordinances, Resolutions, Rules and Regulations. All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. SECTION 8.03. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of ninety (90) days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. SECTION 8.04. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such 4504 JOURNAL OF THE SENATE ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council. SECTION 8.05. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 8.06. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. SECTION 8.07. Repealer. An Act incorporating the City of Bremen in the Counties of Haralson and Carroll approved the 30th day of December 1898 (Ga. L. 1898, Vol. 1, Page 136), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed. SECTION 8.08. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8.09. General Repealer. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 44, nays 0, and the committee substitute was adopted. FRIDAY, APRIL 3, 2009 4505 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 Supplemental Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey C Reed Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton E Stoner Y Tarver Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams (PRS) On the passage of the local bills, the yeas were 44, nays 0. The bills on the Supplemental Local Consent Calendar, except HB 164 and HB 730, having received the requisite constitutional majority, were passed. HB 164, having received the requisite constitutional majority, was passed by substitute. The following local, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage: SENATE LOCAL CONTESTED CALENDAR Friday, April 3, 2009 40th Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 4506 JOURNAL OF THE SENATE HB 730 Jones of the 10th Douglas of the 17th Buckner of the 44th HENRY COUNTY A BILL to be entitled an Act to amend an Act amending an Act providing a new board of commissioners of Henry County, approved March 19, 1987 (Ga. L. 1987, p. 4464), so as to repeal a certain provision requiring board members to resign if standing for election to other public office; to provide that such provision should not be a part of an Act approved March 28, 1974 (Ga. L. 1974, p. 3680), 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 N Balfour Brown E Buckner N Bulloch Butler N Butterworth N Chance N Chapman N Cowsert Y Crosby N Douglas Y Fort N Goggans Y Golden N Grant Y Hamrick N Harbison N Harp N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Jackson,L N Jackson,W Johnson N Jones Moody C Mullis N Murphy Y Orrock Pearson Y Powell N Ramsey C Reed Rogers Seabaugh Y Seay N Shafer N Sims Y Smith N Staton E Stoner N Tarver Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson N Unterman N Weber C Wiles Williams (PRS) On the passage of the local legislation, the yeas were 13, nays 29. HB 730, having failed to receive the requisite constitutional majority, was lost. The following message was received from the House through Mr. Rivers, the Clerk thereof: FRIDAY, APRIL 3, 2009 4507 Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 85. By Senators Heath of the 31st, Cowsert of the 46th, Pearson of the 51st, Butterworth of the 50th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Title 6 of the O.C.G.A., relating to aviation, so as to create the Georgia Aviation Authority; to amend Code Section 32-2-2 of the O.C.G.A., relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the O.C.G.A., relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 201. By Senators Balfour of the 9th, Buckner of the 44th, Williams of the 19th, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for cancer research; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for cancer research; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 4508 JOURNAL OF THE SENATE SECTION 1. Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by revising Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian cancer research program fund, as follows: "31-12-14. (a) The General Assembly finds that it is in the best interest of the state to provide for breast cancer, prostate cancer, and ovarian cancer research programs. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs. (b) To support programs for breast cancer, prostate cancer, and ovarian cancer research, the department may, without limitation, promote and solicit voluntary contributions through the individual income tax return contribution mechanism established in subsection (e) of this Code section or through any fund raising or other promotional techniques deemed appropriate by the department. (c) There is established a special fund to be known as the 'Breast Cancer, Prostate Cancer, and Ovarian Cancer Research Program Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (e) of this Code section, and any other moneys contributed to this fund. All balances in the fund shall be deposited in an interestbearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through contracts for cancer research conducted in Georgia of breast cancer, prostate cancer, and ovarian cancer. (d) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for research and for administrative costs authorized in paragraph (2) of subsection (e) of this Code section and shall not be used for personnel or administrative positions. The department shall prepare, by February 1 of each year, an accounting of the moneys received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the members of the Board of Human Resources, and, upon request, to members of the public. (e)(1) Unless an earlier date is deemed feasible and is established by the Governor, each Georgia individual income tax return form for taxable years beginning on or after January 1, 2000, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Breast Cancer, Prostate Cancer, and Ovarian Cancer Research Program Fund established in subsection (c) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that FRIDAY, APRIL 3, 2009 4509 amount to the taxpayer's payment. The instructions accompanying the individual income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state individual income tax return who desires to contribute to such fund may designate such contribution as provided in this Code section on the appropriate individual income tax return form. (2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the department for deposit in the fund established in subsection (c) of this Code section; provided, however, that the amount retained for administrative costs, including implementation costs, shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions." SECTION 2. 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 201. On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey C Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams (PRS) 4510 JOURNAL OF THE SENATE On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 201. The following bill was taken up to consider House action thereto: HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; 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 439 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 Balfour of the 9th. The following bill was taken up to consider House action thereto: SB 246. By Senators Balfour of the 9th, Hawkins of the 49th, Unterman of the 45th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention, so as to provide notice of the release of a child from detention under certain circumstances; to provide for definitions; 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 Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention, so as to provide notice of the release of a child from detention under certain circumstances; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 3, 2009 4511 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention, is amended by adding a new Code section to read as follows: "15-11-51. (a) As used in this Code section, the term: (1) 'Notice' shall have the same meaning as set forth in Code Section 17-17-3. (2) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3. (3) 'Violent delinquent act' means the commission, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute: (A) A serious violent felony as defined by Code Section 17-10-6.1; (B) A designated felony as defined by Code Section 15-11-63; (C) Stalking or aggravated stalking as provided by Article 7 of Chapter 5 of Title 16; or (D) Any attempt to commit, conspiracy to commit, or solicitation of another to commit an offense enumerated in subparagraphs (A) through (C) of this paragraph. (b) If a child accused of a violent delinquent act is detained pending adjudication as provided by Code Sections 15-11-46.1 and 15-11-47, the juvenile court intake officer shall provide notice to the victim, whenever practicable, that such child is to be released from detention not less than 24 hours prior to such child's release from detention. (c) Not less than 48 hours prior to the release from detention of a child who has been adjudicated to have committed a violent delinquent act, the juvenile court intake officer shall, whenever practicable, provide notice to the victim of such pending release. (d) Notification need not be given unless the victim has expressed a desire for such notification and has provided the juvenile court intake officer with a current address and telephone number. It shall be the duty of the juvenile court intake officer to advise the victim of his or her right to notification and of the requirement of the victim's providing a primary and personal telephone number to which such notification shall be directed." 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 Balfour of the 9th moved that the Senate agree to the House substitute to SB 246. On the motion, a roll call was taken and the vote was as follows: 4512 JOURNAL OF THE SENATE Adelman Y Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams (PRS) On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 246. The following bill was taken up to consider House action thereto: SB 141. By Senator Hamrick of the 30th: A BILL to be entitled an Act to change provisions relating to foreclosures and deficiency judgements; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to provide for filing documents when a deficiency judgment is sought; to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to provide for recording of documents relating to sales under power and deficiency judgments; 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: FRIDAY, APRIL 3, 2009 4513 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, so as to require recording of documents relating to sales under power; to change provisions relating to sales made on foreclosure under power of sale, mailing of notice to debtor, and applicability of notice requirement; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, is amended by revising Code Section 44-14-160, relating to recording of foreclosures and deed under power, as follows: "44-14-160. Within 90 days of a foreclosure sale, all deeds under power shall be recorded by the holder of a deed to secure debt or a mortgage with the clerk of the superior court of the county or counties in which the foreclosed property is located. When the holder of a deed to secure debt or a mortgage forecloses the same and sells the real property thereby secured under the laws of this state governing foreclosures and sales under power and the purchaser thereof presents to the clerk of the superior court his deed under power to have the same recorded, the The clerk shall write in the margin of the page where the deed to secure debt or mortgage foreclosed upon is recorded the word 'foreclosed' and the deed book and page number on which is recorded the deed under power conveying the real property; provided, however, that, in counties where the clerk keeps the records affecting real estate on microfilm, the notation provided for in this Code section shall be made in the same manner in the index or other place where the clerk records transfers and cancellations of deeds to secure debt." SECTION 2. Said article is further amended by revising Code Section 44-14-162.3, relating to sales made on foreclosure under power of sale, mailing of notice to debtor, and applicability of notice requirement, as follows: "44-14-162.3. (a) The notice requirement of Code Section 44-14-162.2 shall apply only to the exercise of a power of sale of property all or part of which is to be used as a dwelling place by the debtor at the time the mortgage, security deed, or lien contract is entered into. (b) The notice requirement of Code Section 44-14-162.2 shall apply to all nonjudicial foreclosure sales under a mortgage, security deed, or other lien contract taking place after July 1, 1981, this Code section being procedural and remedial in purpose. (c) No waiver or release of the notice requirement of Code Section 44-14-162.2 shall 4514 JOURNAL OF THE SENATE be valid when made in or contemporaneously with the security instrument containing the power of nonjudicial foreclosure sale; but, notwithstanding the requirements of Code Sections 44-14-162.1, 44-14-162.2, this Code section, and Code Section 44-14162.4, a subsequent quitclaim deed in lieu of foreclosure shall be valid and effective as such." 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 141. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey C Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 141. The following bill was taken up to consider House action thereto: HB 318. By Representatives McCall of the 30th and Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of FRIDAY, APRIL 3, 2009 4515 motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Pearson of the 51st asked unanimous consent that the Senate adhere to its substitute to HB 318 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Pearson of the 51st, Chance of the 16th and Douglas of the 17th. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bills of the House: HB 68. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 4516 JOURNAL OF THE SENATE HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes. Senator Chance of the 16th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: FRIDAY, APRIL 3, 2009 4517 SB 151. By Senators Wiles of the 37th and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Parole greater input from crime victims, their families, and other interested witnesses; to provide for victim notification of parole board hearings; 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 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Paroles greater input from crime victims, their families, and other interested witnesses; to provide for a definition; to provide for victim notification of parole board hearings; 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 17-10-1.2 of the Official Code of Georgia Annotated, relating to an oral victim impact statement, is amended by revising subsection (a) as follows: "(a)(1) In all cases in which the death penalty may be imposed, subsequent to an adjudication of guilt and in conjunction with the procedures in Code Section 17-1030, the court may shall allow evidence from the family of the victim, or such other witness having personal knowledge of the victim's personal characteristics and the emotional impact of the crime on the victim, the victim's family, or the community. Except as provided in paragraph (4) of this subsection, such Such evidence shall be given in the presence of the defendant and of the jury and shall be subject to crossexamination. (2) The admissibility of the evidence described in paragraph (1) of this subsection and the number of witnesses other than immediate family who may testify The admissibility of such evidence shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner and to such a degree as not to inflame or unduly prejudice the jury. As used in this paragraph, the term 'immediate family' means the victim's spouse, child, parent, stepparent, grandparent, grandchild, sibling, stepbrother, stepsister, mother-in-law, father-in-law, sister-in-law, or brother-in-law 4518 JOURNAL OF THE SENATE and the spouses of any such individuals. (2)(3) In all cases other than those in which the death penalty may be imposed, prior to fixing of the sentence as provided for in Code Section 17-10-1 or the imposing of life imprisonment as mandated by law, and before rendering the appropriate sentence, including any order of restitution, the court, within its discretion ,may shall allow evidence from the victim, the family of the victim, or such other witness having personal knowledge of the impact of the crime on the victim, the family of the victim, or the community. Except as provided in paragraph (4) of this subsection, such Such evidence shall be given in the presence of the defendant and shall be subject to crossexamination. The admissibility of the evidence described in this paragraph shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner as to allow for cross-examination by the defendant and to such a degree as not to unduly prejudice the defendant. (4) Upon a finding by the court specific to the case and the witness that the witness would not be able to testify in person without showing undue emotion or that testifying in person will cause the witness severe physical or emotional distress or trauma, evidence presented pursuant to this subsection may be in the form of, but not limited to, a written statement or a prerecorded audio or video statement, provided that such witness is subject to cross-examination and the evidence itself will not be available to the jury during deliberations. Photographs of the victim may be included with any evidence presented pursuant to this subsection." SECTION 2. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by revising Code Section 42-9-43, relating to information to be considered by the board, conduct of investigation and examination, and determination as to grant of relief, as follows: "42-9-43. (a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be: (1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution; (2) The results of such physical and mental examinations as may have been made of the person; (3) The extent to which the person appears to have responded to the efforts made to improve his or her social attitude; (4) The industrial record of the person while confined, the nature of his or her occupations while so confined, and a recommendation as to the kind of work he or she is best fitted to perform and at which he or she is most likely to succeed when and if he or she is released; and (5) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests; and FRIDAY, APRIL 3, 2009 4519 (6) The written, oral, audiotaped, or videotaped testimony of the victim, the victim's family, or a witness having personal knowledge of the victim's personal characteristics. (b) The board may also make such other investigation as it may deem necessary in order to be fully informed about the person. (b)(c) Before releasing any person on parole, the board may have the person appear before it and may personally examine him or her. Thereafter, upon consideration, the board shall make its findings and determine whether or not the such person shall be granted a pardon, parole, or other relief within the power of the board; and the board shall determine the terms and conditions thereof. Notice of the determination shall be given to the such person and to the correctional official having him or her in custody. (c)(d) If a person is granted a pardon or a parole, the correctional officials having the person in custody, upon notification thereof, shall inform him or her of the terms and conditions thereof and shall, in strict accordance therewith, release the person. (e) The board shall send written notification of the parole decision to the victim or, if the victim is no longer living, to the family of the victim." SECTION 3. 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 151. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) 4520 JOURNAL OF THE SENATE On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 151. The following bill was taken up to consider House action thereto: SB 38. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed dead bodies, so as to authorize the Board for the Distribution of Cadavers to provide for dead bodies to be used in the training and handling of police canine; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, so as to clarify that the Georgia Bureau of Investigations has jurisdiction over the post mortem examination or autopsy on persons whose death occurs on certain state property; to provide for the training of canine service dogs for the purpose of body recovery and rescue of persons; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, is amended in Code Section 45-16-25, relating to duties of a coroner or county medical examiner upon receipt of notice of suspicious or unusual death, authority to embalm a body, identification, inventory and disposition of a deceased's property, and use of a deceased's property for evidence, by adding a new subsection to read as follows: "(d) The Georgia Bureau of Investigation is authorized to perform a post mortem examination and autopsy on a person whose death occurs within a state owned or leased building or on the curtilage of such building. The Georgia Bureau of Investigation shall have jurisdiction relating to the investigation of such a death, and this authority and jurisdiction shall supersede any other authority or jurisdiction provided for by this article relating to a post mortem examination or autopsy." SECTION 2. Said article is further amended by adding a new Code section to read as follows: FRIDAY, APRIL 3, 2009 4521 "45-16-50. A medical examiner within the state of Georgia is authorized to provide to an approved canine instructor or school certain biological substances such as human blood or bodily fluids for the sole purpose of utilizing such substances for the training and handling of police canines in body recovery of human remains or rescue of persons. Such biological substances shall be contained and transported in accordance with appropriate health and safety standards." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Harp of the 29th moved that the Senate agree to the House substitute to SB 38. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth E Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 38. The following resolution was taken up to consider House action thereto: SR 176. By Senator Mullis of the 53rd: A RESOLUTION dedicating the James H. Chandler, Jr. Memorial Intersection; and for other purposes. 4522 JOURNAL OF THE SENATE The House substitute was as follows: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, James H. Chandler, Jr., was only 33 years old when he was fatally injured in a traffic accident while he was responding to a bank alarm on his police motorcycle; and WHEREAS, the accident occurred on September 24, 1982, at the intersection of SR 1 and Cloud Springs Road, and James died the next day from his injuries; and WHEREAS, he was a graduate of Lakeview High School and the Floyd College Regional Police Academy; and WHEREAS, at the time of his death, Mr. Chandler had worked with the Fort Oglethorpe Police Department for four years, and in 1999, the police department's training facility was named in his honor; and WHEREAS, Mr. Chandler was often described as a big guy, with a big heart, who loved his job; and WHEREAS, he left behind his beautiful wife Jeannie and three sons, Mark, Brian, and Sean; and WHEREAS, it is only fitting that the memory of James H. Chandler, Jr., be perpetuated by a lasting monument to his life well-lived. PART II WHEREAS, MSG Davy Weaver, a soldier in the Georgia Army National Guard from Barnesville, Georgia, was killed while riding in a vehicle that was struck by an improvised explosive device in Qalat, Afghanistan, on May 18, 2008; and WHEREAS, he was born on February 8, 1969, to Patsy Rabuck and Emory Weaver; and WHEREAS, as a youth, he served his community as a Cub, Boy, and Eagle Scout, and naturally, he fell in love with the military as a young man; and WHEREAS, MSG Weaver enlisted in the Georgia Army National Guard on March 25, 1987, as an infantry soldier, and he completed Basic Training and Advanced Individual Training at Fort Benning, Georgia; and FRIDAY, APRIL 3, 2009 4523 WHEREAS, on May 11, 2005, he was ordered into active service in support of Operation Iraqi Freedom, and he was stationed in Kuwait and Iraq and spent a year supporting that mission; and WHEREAS, in May, 2007, he was sent with members of the 48th Brigade Combat Team to Afghanistan in support of Operation Enduring Freedom; and WHEREAS, MSG Weaver was awarded the Combat Infantryman's Badge in September, 2007, for his actions under enemy fire and rocket attack in Afghanistan; and WHEREAS, he loved his family dearly and loved his job and mission in Afghanistan; and WHEREAS, he is survived by his wife, Susan, his children Bradley, Malachi, and Ellanor, and his step-daughters Jennifer and Mary A. Morris; and WHEREAS, MSG Weaver will be forever remembered as a true hero and professional soldier, and it is only fitting and proper that a lasting memorial be dedicated in his honor. PART III WHEREAS, the Battle of Chickamauga, named after the Chickamauga Creek which flowed nearby, was fought September 19-20, 1863, and involved more than 150,000 soldiers of the Northern and Southern Armies; and WHEREAS, the landscape of the battle was one where neither army wanted to fight, and the thick forest limited visibility to 150 feet, less than the range of a rifle; cannon were useless, and often the fighting was hand-to-hand; and WHEREAS, during the battle, soldiers were cared for in the nearby homes and adjacent buildings, with many Union doctors remaining behind to care for the wounded after the Southern victory, and many parched and wounded soldiers of both sides drank from the town's bubbling Crawfish Spring, still active today; and WHEREAS, the corridor of the highway dedicated in this resolution follows the general route of march of the US Army of the Cumberland that fought in the Battle of Chickamauga; and WHEREAS, it is only fitting to honor the brave men who fought and died here with a lasting memorial to their sacrifice. PART IV 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 4524 JOURNAL OF THE SENATE 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 Varner's 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, Varner's 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. PART V WHEREAS, Jimmy Middleton was born to Mr. and Mrs. Oscar P. Middleton in 1937 and he grew up in Waverly, Georgia, as the youngest of three children; and WHEREAS, he began his career in law enforcement in 1959 and served as chief deputy under Sheriff W. E. "Willie" Smith for 18 years before becoming the Sheriff of Camden County; and WHEREAS, as sheriff from 1977 to 1985, he understood that being effective in his position required a close partnership with the community, and his legacy as a compassionate and hands-on sheriff will be remembered by many people for many years; and FRIDAY, APRIL 3, 2009 4525 WHEREAS, he served as sheriff during a time when your nearest backup might be a county away; and WHEREAS, his service to his community went beyond being sheriff, as he also served as county commissioner and on various boards; and WHEREAS, in 1957, Jimmy married Anne Rentz, and they were blessed with three children and, in turn, five grandchildren; and WHEREAS, true to his nature, Jimmy was a giving and compassionate man and his friends looked to him for leadership, guidance, and support, and he was respected and loved by countless people in the community; and WHEREAS, he will be remembered for his loyal dedication to his family and his commitment to the citizens of Camden County. PART VI WHEREAS, Ray Delaigle has long been recognized by the citizens of Burke County for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a member and chairperson of the Board of Commissioners of Burke County; 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 this state have earned him the respect and admiration of his colleagues and associates; and WHEREAS, he is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a lasting reminder of his service to the people of Burke County. PART VII WHEREAS, all citizens of the United States owe a debt of gratitude for the heroic men and women who volunteer to defend our freedom in distant lands; and WHEREAS, it is only fitting and proper to provide for lasting memorials to their great courage and dedication. 4526 JOURNAL OF THE SENATE PART VIII WHEREAS, Phyllis Heller, a Marietta resident, passed away April 18, 2007, after a four year fight with an incurable blood cancer called multiple myeloma; and WHEREAS, she was a heroic woman of many talents; and WHEREAS, she was born in Hartford, Connecticut, and she attended Boston University School of Music where she majored in bassoon; and WHEREAS, when Carl Orff's Carmina Burana premiered in this country on November 19, 1954, at Carnegie Hall under the baton of Leopold Stokowski, Phyllis Heller was the first chair bassoonist; and WHEREAS, she had a lifelong passion for the arts and visited hundreds of museums around the world; and WHEREAS, in the 1990's she took up stained glass artwork and quickly became highly regarded for her intricate, large-scale designs including full-sized doors and room valances; and WHEREAS, Ms. Heller was the Chairwoman of Sculpture Internationale, the largest international fine arts sculpture exposition in the United States, which took place in 2002 at Cobb Galleria, and she later went on to help fund and organize the Digital Fine Arts Museum; and WHEREAS, throughout her career she enjoyed exploring different cultures and societies, and she was a principal in a firm which developed and produced export promotion shows for American manufacturers around the world, and in the process, she visited and produced expositions in more than 40 countries and on every continent except Antarctica; and WHEREAS, it is only fitting and proper that the life of Phyllis Heller be celebrated and that a lasting tribute to her memory be established. PART IX WHEREAS, all citizens of the United States owe a debt of gratitude to the heroic men and women who volunteer to defend our freedom in distant lands; and WHEREAS, it is only fitting and proper to provide for lasting memorials to their great courage and dedication and especially the sacrifices of veterans and their families residing in Pike County, Georgia. PART X WHEREAS, the law enforcement community and the State of Georgia lost one of their FRIDAY, APRIL 3, 2009 4527 finest husbands, fathers, and law enforcement officers when Georgia State Patrol Trooper Tony M. Lumley gave his life in defense of the public on December 2, 2003; and WHEREAS, Trooper Lumley joined the Georgia State Patrol as a Trooper Cadet in March, 2002, and completed his training at the 79th Georgia State Patrol Trooper School and graduated as one of the school's most bright and promising troopers in October of that year; and WHEREAS, he was assigned to the State Patrol post in Forest Park, Georgia, and, as a result of his outstanding performance and work ethic, he was transferred to the State Patrol post in Griffin, Georgia, in February, 2003; and WHEREAS, a consummate team player, he was admired and respected by his peers for his mastery of law enforcement and public relations skills, sense of humor, and professional attitude; and WHEREAS, he was an exemplary law enforcement officer who was held in high esteem for his disciplined and faithful devotion to protecting and preserving the public's safety; and WHEREAS, Trooper Lumley is survived by his loving and devoted wife, Misty, and his precious daughters, Nikki and Brook. PART XI WHEREAS, Donnie Dickens was a long-time resident of Pike County committed to serving his community and was a friend to all those who knew him; and WHEREAS, Mr. Dickens worked tirelessly for the citizens of Pike County, including many years of dedicated service at the Road Department, where he held the position of Road Superintendent; and WHEREAS, his selfless commitment to others and his community was further demonstrated by his active service as a member of the Lifsey Springs Volunteer Fire Department and his willingness to drive a school bus for Pike County school children; and WHEREAS, Donnie Dickens will long be remembered by his family, friends, and the members of the community he served as a generous, hard-working man and a tremendous asset to Pike County. PART XII WHEREAS, W. F. Gay was a resident of Gay, Georgia, and Meriwether County, Georgia; and 4528 JOURNAL OF THE SENATE WHEREAS, Mr. Gay distinguished himself by serving several terms as the mayor of Gay; and WHEREAS, Mr. Gay gave many hours of his time and energy to enhance the well-being of Gay and Meriwether County; and WHEREAS, over the years, W. F. Gay developed and nurtured countless friendships with residents of Gay and Meriwether County; and WHEREAS, Mr. Gay departed this life without receiving proper recognition for his contributions, and it is only proper and fitting that an appropriate memorial be established in his memory. PART XIII WHEREAS, Joe Bryan rendered distinguished public service as mayor of Damascus, Georgia, for six years; as a member of the city council of Damascus for more than 20 years; and as a school board member; and WHEREAS, he served the peanut industry for more than fifty years, including service as president of Southern Peanut Warehousemen's Association and member of the advisory board of the Georgia Peanut Commission; and WHEREAS, he was founder, director, and officer of Chem-Nut, Inc.; director of First State Bank, Blakely; and director of Blakely-Early County Chamber of Commerce; and WHEREAS, he was a Century Member of the Boy Scouts of America and a faithful supporter of Southwest Georgia Academy and area churches; and WHEREAS, he was a recipient of the Agribusiness Service Award, Georgia Peanut Service Award, and National Peanut Buying Points Association's Pioneer Award; and WHEREAS, as the remembrance citation from St. James C.M.E. Church reads, "Joe Bryan never refused to help any worthy cause"; and as the citation from Bethel Methodist Church states, "Joe Bryan was a Godly man vigorously pursued a Godly path toward a Godly cause--helping his fellow man." PART XIV WHEREAS, Glenn McCarver Smith III passed away in an accident on June 21, 2007, at the young age of 15; and WHEREAS, he was a freshman at Pepperell High School, where he was an honor student taking college prep courses; and FRIDAY, APRIL 3, 2009 4529 WHEREAS, he was the class treasurer, a member of the student council, the Key Club, and the Fellowship of Christian Athletes; and WHEREAS, Glenn played baseball and basketball and was active in the youth group at Pleasant Valley South Baptist Church; and WHEREAS, he leaves behind his parents, David and Laura; his sister, LeeAnn; and his grandparents, Johnny and Sarah Smith and Eunice Smith. PART XV WHEREAS, beginning in 1992, Hinson Mosley was one of the most distinguished members of the House of Representatives, faithfully serving the citizens of House District 178 with vision and determination; and WHEREAS, a resident of Jesup, Georgia, he enjoyed a stellar reputation as one of the strongest leaders for rural Georgia; and WHEREAS, he served as a member of the House Appropriations Committee, the House Game, Fish, and Parks Committee (for which he previously served as chairman), and the House State Planning and Community Affairs Committee, and as Vice Chairman of the Transportation Committee; and WHEREAS, among his many notable accomplishments during the course of his legislative career was authoring the Day of the Woman resolution, the only resolution to hang in the capitol; and WHEREAS, he is known for his warm and friendly nature and his chinaberry smoked steaks; and WHEREAS, a retired instrument technician and a devoted family man, Representative Mosley and his wife, Linda, are the loving parents of four children, Kim, George, Sharon, and Darrell; and WHEREAS, it is only proper that a lasting tribute to this great public servant be established. PART XVI WHEREAS, Glenn Brown was born April 9, 1951, in Screven County; and WHEREAS, he was the youngest of 12 children born to Albert and Zelma Wiley Brown; and WHEREAS, Glenn attended Screven County Schools and Mercer University and was a lifelong member of Greenhill Baptist Church; and 4530 JOURNAL OF THE SENATE WHEREAS, this young farmer and pastor of Ogeechee Baptist Church was married to the former Martha Lane; and WHEREAS, Glenn lived 25 short years and lost his life in a tragic accident off Highway 21 in the Whitehill area on June 14, 1976; and WHEREAS, it is only fitting and proper that a lasting memorial in his memory be established. PART XVII WHEREAS, the Clayton County Board of Commissioners and the Henry County Board of Commissioners have unanimously requested that a portion of Georgia Highway 138 be designated the Lake Spivey Parkway. PART XVIII WHEREAS, Luke Dollar has been a resident of Marietta, Georgia, in Cobb County, for 35 years; and WHEREAS, he served his country during the Vietnam conflict; and WHEREAS, Mr. Dollar has set an example as a leader in his community; and WHEREAS, he is a father to three outstanding children; and WHEREAS, his greatest accomplishment, by far, was marrying the beautiful and talented Sue Kelly Dollar, and they have been married for 35 wonderful years; and WHEREAS, it is only fitting and proper that this fine man be honored for all of his accomplishments. PART XIX NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 1 and Cloud Springs Road be dedicated as the James H. Chandler, Jr. Memorial Intersection. BE IT FURTHER RESOLVED that the portion of SR 36 from US 41 near Barnesville to Liberty Hill in Lamar County, Georgia, be dedicated as the MSG Davy Nathaniel Weaver Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 341 from its intersection with SR 193 north to its intersection with Gordon Street in Chickamauga be dedicated as the US Army of the Cumberland Highway. FRIDAY, APRIL 3, 2009 4531 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 portion of SR 25/US 17 within the limits of the Ocean Highway in Camden County, beginning at Oscar Road (CR 266 at MP 22.12) and ending at the County Line Bridge (MP 31.56) be dedicated as the Sheriff Jimmy Middleton Memorial Highway. BE IT FURTHER RESOLVED that the bridge on SR 56 over Rocky Creek in Burke County, Georgia, be dedicated as the Ray Delaigle Bridge. BE IT FURTHER RESOLVED that the members of this body commend the veterans of all ages and dedicate the portion of SR 301 in Glennville, Georgia, in Tattnall County, as Veterans Boulevard in honor of their great sacrifices on behalf of our country. BE IT FURTHER RESOLVED that the members of this body honor the memory of Phyllis Heller and dedicate the bridge on SR 120 over Willeo Creek in Cobb County as the Phyllis Heller Memorial Bridge. BE IT FURTHER RESOLVED that the members of this body commend veterans of all ages as well as the heroic veterans of Pike County, Georgia, and dedicate the portion of SR 362 in Pike County, Georgia, as the Pike County Veterans Memorial Highway in honor of their great sacrifices on behalf of our country. BE IT FURTHER RESOLVED that the portion SR 18 in Pike County, Georgia, be dedicated as the Trooper Tony M. Lumley Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 109 in Pike County, Georgia, running through Pike County shall be dedicated as the Donnie Dickens Memorial Highway. BE IT FURTHER RESOLVED that the members of this body dedicate the portion of Spur 109 from Greenville, Georgia, west through Gay, Georgia, in Meriwether County to the Pike County line as the W. F. Gay Memorial Connector. BE IT FURTHER RESOLVED that the portion of State Route 45 in Early County beginning at the Miller County line and ending at the Calhoun County line is dedicated as the Joe Bryan Highway. BE IT FURTHER RESOLVED that the members of this body celebrate the much too short life of Glenn McCarver Smith III and dedicate the bridge over Big Cedar Creek near Cave Spring on US 411/SR 53 as the Glenn McCarver Smith III Memorial Bridge. 4532 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED that the members of this body honor the life and public service of Hinson Mosley and dedicate the portion of US 84 from the city limits of Screven to the city limits of Jesup as the Hinson Mosely Highway. BE IT FURTHER RESOLVED that the bridge on SR 21 in the Whitehill community of Screven County be dedicated as the Glenn Brown Memorial Overpass. BE IT FURTHER RESOLVED that the portion of Georgia Highway 138 between Interstate 675 and the corporate limits of the City of Jonesboro shall be designated the Lake Spivey Parkway. BE IT FURTHER RESOLVED that the portion of SR 120 from the 120 Loop (Marietta Parkway) going east from I-75 to Johnson Ferry Road be dedicated as the Luke Dollar 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 Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of James H. Chandler, Jr., to the family of MSG Davy Nathaniel Weaver, to the City of Chickamauga, to the family of Mason Varner, to the family of Sheriff Jimmy Middleton, to Ray Delaigle, to the Glennville City Council, to the family of Phyllis Heller, to Pike County, to the family of Trooper Tony M. Lumley, to the family of Donnie Dickens, to the family of W. F. Gay, to the family of Joe Bryan, to the family of Glenn McCarver Smith III, to Hinson Mosely, to the family of Glenn Brown, and to Luke Dollar. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SR 176. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown E Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Johnson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate FRIDAY, APRIL 3, 2009 4533 Y Crosby Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Harbison Y Harp Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Unterman Weber Y Wiles Williams (PRS) On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 176. The following resolution was taken up to consider House action thereto: SR 431. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Bulloch of the 11th and Fort of the 39th: A RESOLUTION designating the Georgia Civil War Heritage Trails; and for other purposes. The House substitute was as follows: A RESOLUTION Designating the Georgia Civil War Heritage Trails; and for other purposes. WHEREAS, the State of Georgia contains countless sites relating to the American Civil War era, including antebellum, military, civilian, African American, women's, Reconstruction, and other significant history; and WHEREAS, many of these historic sites would be greatly enhanced, both educationally for our children and as tourist attractions, if properly interpreted on site and adequately promoted; and WHEREAS, by dividing the entire state into six historic regionsthe Chickamauga & Atlanta campaigns, the March to the Sea, the pursuit of Jefferson Davis, Wilson's Raid, the Northeast Georgia mountains, and South Georgia's agricultural bountya comprehensive history of Georgia's Civil War era can be told through the creation, marketing, and maintenance of six historic driving trails; and WHEREAS, beginning in 2000, a 501(c)(3) nonprofit organization of dedicated Georgians known as Georgia Civil War Heritage Trails began working on the 4534 JOURNAL OF THE SENATE development of six such historic driving trails; and WHEREAS, Georgia Civil War Heritage Trails has already raised over $1 million in federal grants, plus hundreds of thousands more in both private and public funds, involving well over 100 Georgia city and county jurisdictions to date, plus thousands of Georgia's citizens, and has begun the installation of approximately 300 historic interpretive markers, over 2,000 roadway directional trailblazer signs, the construction of several roadside parking pull-off areas, and the initial printing of over one million new educational/tourist brochures with an informative website (www.gcwht.org); and WHEREAS, in order for Georgia Civil War Heritage Trails to continue toward full development and success, it needs the continuing cooperation of the Georgia Department of Transportation, of other state agencies, and of local municipalities across the State of Georgia; and WHEREAS, the State of Georgia, having joined in financially assisting the efforts of Georgia Civil War Heritage Trails, desires to avoid wasting any taxpayer funds by duplicating Georgia Civil War Heritage Trails in any manner or form and to avoid confusing Georgia's citizens, guests, and tourists by the duplication of names, titles, logos, signage, routes, or any other distinguishing characteristics of a Civil War era historic driving trail. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the six driving trails already in either development or planned by Georgia Civil War Heritage Trails are to be designated as the official state-wide Civil War Era Historic Driving Trails of Georgia. BE IT FURTHER RESOLVED that Georgia Civil War Heritage Trails shall have the sole authority to plan, construct, and maintain Civil War era historic driving trails upon any roadway in the State of Georgia. BE IT FURTHER RESOLVED that the Department of Transportation and all other state agencies are authorized and directed to work cooperatively with Georgia Civil War Heritage Trails state-wide in the latter's creation and placement of appropriate historic interpretive markers, roadway directional trailblazer signage, roadside parking pull-offs, and various marketing materials, including specifically along any state and federal designated highways in all six regions state-wide in which Georgia Civil War Heritage Trails conducts its activities. BE IT FURTHER RESOLVED that the Department of Transportation and other state agencies are further authorized and directed to work cooperatively with Georgia Civil War Heritage Trails in any other areas of the state not specifically mentioned in this resolution. FRIDAY, APRIL 3, 2009 4535 BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the Department of Economic Development, and the Department of Natural Resources. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SR 431. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown N Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Y Hudgens Y Jackson,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SR 431. The following bill was taken up to consider House action thereto: HB 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a 4536 JOURNAL OF THE SENATE termination order; to provide for findings of fact; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Shafer of the 48th moved that the Senate recede from its substitute to HB 254. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 254. The following bill was taken up to consider House action thereto: SB 128. By Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins of the 49th, Mullis of the 53rd 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, and so as to provide for the issuances, at the option of the owner, of permanent license plates for boat trailers, utility trailers, and noncommercial cattle and livestock trailers; to provide for fees; to provide that such license plates shall not be transferable; to provide for administration; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 3, 2009 4537 The House amendment was as follows: Amend SB 128 by replacing line 1 with the following: To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the regulation of trailers, to provide for the issuances, at the By striking line 5 and inserting in lieu thereof the following: plates shall not be transferable; to provide for administration; to update certain provisions relating to surge brakes; to provide for effective dates; By inserting between lines 60 and 61 the following: SECTION 3A. Said title is further amended by revising Code Section 40-8-50, relating to brakes required on motor vehicles, as follows: "40-8-50. (a) As used in this Code section, the term: (1) 'Gross combination weight rating (GCWR)' means the combined gross vehicle weight ratings of all vehicles in a combination of vehicles. (2) 'Gross vehicle weight rating (GVWR)' means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, the actual gross weight, or registered gross weight, whichever is greater. (3) 'Hazardous material' has the meaning provided by Chapter 51 of Title 49 of the United States Code Annotated. (4) 'Surge brakes' means a system of brakes on a trailer or semitrailer in which the trailer service brakes are activated as a result of the forward pressure of the trailer against the towing vehicle during deceleration self-contained, permanently closed hydraulic brake system for trailers that relies on inertial forces, developed in response to the braking action of the towing vehicle, applied to a hydraulic device mounted on or connected to the tongue of the trailer to slow down or stop the towed vehicle. (b) Every motor vehicle, other than a motorcycle or motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. (c) Every motorcycle and motor driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot. (d) Except as otherwise provided in subsection (e) of this Code section, every trailer or semitrailer of 3,000 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or 4538 JOURNAL OF THE SENATE operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty. (e) Any trailer or semitrailer may utilize surge brakes, subject to the following conditions and limitations: (1) The gross vehicle weight rating or the actual gross weight of any surge brake equipped trailer or semitrailer does not exceed 20,000 pounds The vehicle or combination of vehicles does not include a vehicle designed or used to transport 16 or more passengers, including the driver; (2) For trailers and semitrailers with a gross vehicle weight rating of 12,000 pounds or less, the gross vehicle weight rating of any such trailer shall not exceed 1.75 times the gross vehicle weight rating of the towing vehicle The trailer or semitrailer has a gross vehicle weight rating which does not exceed 12,000 pounds; (3) For trailers and semitrailers with a gross vehicle weight rating greater than 12,000 pounds, but less than 20,001 pounds, the gross vehicle weight rating of any such trailer shall not exceed 1.25 times the gross vehicle weight rating of the towing vehicle The combination of vehicles does not exceed a gross combination weight rating of 26,000 pounds; (4) The actual gross weight of the trailer or semitrailer and load does not exceed the manufacturer's gross vehicle weight rating; (5) The trailer or semitrailer brakes must be designed and connected in such a manner that in case of accidental breakaway of the towed vehicle the brakes shall apply automatically; and (6) The trailer or semitrailer is not used to transport hazardous materials in a type and quantity which requires placarding; (7) The trailer or semitrailer is not used to transport liquids or gases contained in packaging which exceeds 119 gallons capacity; and (8)(6) For vehicles used for commercial purposes, the vehicle or combination of vehicles is used only in intrastate commerce and complies in all other respects with licensing, insurance, registration, identification, driver and vehicle safety, and hazardous materials regulations of the Department of Public Safety and United States Department of Transportation applicable to such vehicles or combination of vehicles. (f) Where there is no manufacturer's gross vehicle weight rating or the manufacturer's gross vehicle weight rating is exceeded in violation of paragraph (4) of subsection (e) of this Code section, then the actual gross weight of the trailer or semitrailer shall be used to determine compliance with paragraphs (2) and (3) of subsection (e) of this Code section." By replacing lines 62 and 63 with the following: Section 3A of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on January 1, 2010, and shall apply to registration and licensing of trailers on and after such date. FRIDAY, APRIL 3, 2009 4539 Senator Shafer of the 48th moved that the Senate agree to the House amendment to SB 128. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Stoner Y Tarver Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 128. The following bill was taken up to consider House action thereto: SB 30. By Senators Tolleson of the 20th, Hooks of the 14th, Cowsert of the 46th, Harp of the 29th, Tarver of the 22nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors and gasoline dealers with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors and gasoline dealers from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes. 4540 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, is amended by revising Code Section 10-1-232, relating to definitions, as follows: "10-1-232. As used in this article, the term: (1) 'Automotive gasoline' or 'gasoline' means octane rated fuels made from petroleum products for use in the propulsion of motor vehicles. (2) 'Automotive gasoline dealer' or 'gasoline dealer' means any person or firm engaged primarily in the retail sale of automotive gasoline and related products and services under a marketing agreement entered into with an automotive gasoline distributor. (3) 'Automotive gasoline distributor' or 'gasoline distributor' means any person, firm, or corporation who is or firm engaged, whether as a jobber or supplier, in the sale, consignment, or distribution of gasoline to automotive gasoline dealers pursuant to marketing agreements. (3.1) 'Blended fuel' means a mixture composed of automotive gasoline and another liquid, other than a de minimus amount of a product such as carburetor detergent or oxidation inhibitor, that can be used as a fuel in a motor vehicle. (3.2) 'Blender' means a person or firm which produces blended fuel outside a terminal transfer system. (3.3) 'Fuel alcohol' means alcohol or fuel grade ethanol. (3.4) 'Gasohol' means a blended fuel composed of gasoline and fuel grade ethanol. (3.5) 'Jobber' means an automotive gasoline distributor which is not a supplier. (4) 'Marketing agreement' or 'agreement' means a written agreement, including a franchise, and all related written agreements between an automotive gasoline distributor and an automotive gasoline dealer under which such dealer is supplied automotive gasoline for retail sale or an agreement between an automotive gasoline FRIDAY, APRIL 3, 2009 4541 distributor and an automotive gasoline dealer under which the automotive gasoline dealer is granted the right to occupy premises owned, leased, or controlled by the automotive gasoline distributor for the purpose of engaging in the retail sale of gasoline of the automotive gasoline distributor. (4.1) 'Position holder' means a person or firm which holds the inventory position in automotive gasoline in a terminal, as reflected on the records of the terminal operator. A person or firm holds the inventory position in automotive gasoline when that person or firm has a contract with the terminal operator for the use of storage facilities and terminaling services for gasoline at the terminal. The term includes a terminal operator which owns gasoline in the terminal. (4.2) 'Rack' means a mechanism for delivering automotive gasoline from a refinery, a terminal, or a bulk plant into a transport truck, a railroad tank car, or another means of transfer that is outside the terminal transfer system. (4.3) 'Refiner' means a person or firm which owns, operates, or controls a refinery, wherever located. (4.4) 'Refinery' means a facility used to process crude oil, unfinished oils, natural gas liquids, or other hydrocarbons into automotive gasoline and from which automotive gasoline may be removed by pipeline or vessel or at a rack. The term does not include a facility that produces only blended fuel or gasohol. (4.5) 'Removal' means a physical transfer other than by evaporation, loss, or destruction. A physical transfer to a transport truck or another means of conveyance outside a terminal transfer system is complete upon delivery into the means of conveyance. (5) 'Retail sale of automotive gasoline' means the sale thereof for consumption, and not for resale, at a retail outlet serving the motoring public. (6) 'Supplier' means: (A) A position holder or a person or firm which receives automotive gasoline pursuant to a two-party exchange; or (B) A refiner. (7) 'Terminal' means an automotive gasoline storage and distribution facility that has been assigned a terminal control number by the United States Internal Revenue Service, is supplied by pipeline or marine vessel, and from which automotive gasoline may be removed at a rack. (8) 'Terminal operator' means a person or firm which owns, operates, or otherwise controls a terminal. (9) 'Terminal transfer system' means an automotive gasoline distribution system consisting of refineries, pipelines, marine vessels, and terminals. The term has the same meaning as 'bulk transfer/terminal system' under 26 C.F.R. Section 48.4081-1. (10) 'Two-party exchange' means a transaction in which automotive gasoline is transferred from one licensed supplier to another licensed supplier pursuant to an exchange agreement under which the supplier that is the position holder agrees to deliver automotive gasoline to the other supplier or the other supplier's customer at the rack of the terminal at which the delivering supplier is the position holder." 4542 JOURNAL OF THE SENATE SECTION 2. Said article is further amended by adding a new Code section to read as follows: "10-1-234.1. Regardless of other products offered, any supplier which, pursuant to a marketing agreement, supplies gasoline from a terminal in this state to a gasoline distributor shall offer to supply such party with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol. No supplier shall prevent or inhibit a gasoline distributor in this state from being a blender or from qualifying for any federal or state tax credit due to blenders. If a supplier supplies gasoline to a gasoline distributor pursuant to this Code section which is then blended, the gasoline distributor shall indemnify and hold harmless such supplier against any losses or damages arising out of claims, costs, judgments, and expenses, including reasonable attorney's fees, or suits relating to or arising out of such blending." SECTION 3. Said article is further amended by revising Code Section 10-1-240, relating to marketing agreements subject to said article, as follows: "10-1-240. This article shall apply to all marketing agreements as defined in paragraph (4) of Code Section 10-1-232, except that this article shall not apply to a marketing agreement granted prior to July 1, 1973; provided, however, that a renewal of a marketing agreement or an amendment extending the lease period shall not be excluded from the application of this article that are granted, renewed, or amended to extend the lease period on or after July 1, 2009." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Tolleson of the 20th moved that the Senate agree to the House substitute to SB 30. On the motion, a roll call was taken and the vote was as follows: N Adelman N Balfour Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Hawkins Y Heath N Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton N Stoner Y Tarver N Tate FRIDAY, APRIL 3, 2009 4543 Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jones N Moody Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Reed Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman N Weber Y Wiles Williams (PRS) On the motion, the yeas were 40, nays 13; the motion prevailed, and the Senate agreed to the House substitute to SB 30. Senator Mullis of the 53rd was excused as a conferee. The following bill was taken up to consider House action thereto: SB 27. By Senators Bulloch of the 11th, Heath of the 31st, Hill of the 4th, Pearson of the 51st, Powell of the 23rd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create 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. The House amendment was as follows: Amend SB 27 (LC 28 4634S) by inserting on line 4 after "construction;" the following: to amend Article 3 of Chapter 3 of Title 50, relating to other state symbols, so as to provide that the Ralph Mark Gilbert Civil Rights Museum shall be an official state historical civil rights museum; By inserting between lines 5 and 6 the following: SECTION 1. WHEREAS, Savannah has a long and storied role in the civil rights movement, beginning with a meeting between General Sherman and Secretary of War Stanton and twelve Black leaders on January 12, 1865, to discuss the matter of emancipation; and WHEREAS, the Ralph Mark Gilbert Civil Rights Museum, recently named "Georgia's Best New History Museum" by the Georgia Journal, is named in honor of the late Dr. Ralph Mark Gilbert. The father of Savannah's modern day Civil Rights Movement and 4544 JOURNAL OF THE SENATE fearless National Association for the Advancement of Colored People (NAACP) leader was known for much more than his outspoken campaigns for civil rights. He was a nationally known orator, pulpiteer, and playwright, producing religious dramas, known as passion plays, throughout the country; and WHEREAS, Dr. Gilbert served as pastor of historic First African Baptist Church on Franklin Square in Savannah for 16 years. In 1942, he reorganized the Savannah Branch NAACP, served as president for eight years and convened the first state conference. Branches from Savannah, Brunswick, Dublin, Atlanta, Columbus, Macon, Albany and three other branches whose identities are uncertain, attended and elected Rev. Ralph Mark Gilbert president. Under his courageous leadership, more than forty NAACP branches were organized in Georgia by 1950; and WHEREAS, Georgia's best new history museum chronicles the civil rights struggle of Georgia's oldest African American community from slavery to the present. Three floors of handsome photographic and interactive exhibits, includes an NAACP Organization exhibit, a fiber optic map of 87 significant civil rights sites/events, a lunch counter where "sit ins" occurred, segregation exhibits, and video presentation are all part of the continuous education of the public on the history of the civil rights struggle in Savannah and Georgia. The museum is located in historic Savannah in a five level building that was erected in 1914 as the Wage Earners Savings and Loan Bank for Black Savannahians, the largest Black bank in the country at that time. By redesignating Section 1 as Section 2. By inserting between line 30 and 31 the following: SECTION 3. Article 3 of Chapter 3 of Title 50, relating to other state symbols, is amended by adding a new Code section to read as follows: "50-3-85. The Ralph Mark Gilbert Civil Rights Museum is designated an official Georgia historical civil rights museum." By redesignating Section 2 as Section 4. Senator Bulloch of the 11th moved that the Senate agree to the House amendment to SB 27. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Hawkins Y Heath Y Henson Rogers Y Seabaugh Seay FRIDAY, APRIL 3, 2009 4545 Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Reed Y Shafer Y Sims Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 27. The President resumed the Chair. At 7:45 p.m. the President announced that the Senate would stand in recess until 8:00 p.m. At 8:00 p.m. the President called the Senate to order. The following bill was taken up to consider House action thereto: HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 4546 JOURNAL OF THE SENATE Senator Harp of the 29th asked unanimous consent that the Senate adhere to its substitute to HB 189 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Harp of the 29th, Cowsert of the 46th and Smith of the 52nd. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 217. By Representatives Pruett of the 144th, Channell of the 116th, Carter of the 159th, Cooper of the 41st, Stephens of the 164th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 575. By Representatives Golick of the 34th, Ramsey of the 72nd, Levitas of the 82nd, Bearden of the 68th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitutes to the following Bills of the House: HB 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of FRIDAY, APRIL 3, 2009 4547 HB 243. HB 514. the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; 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 substituting the following Bill of the Senate: SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; 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 amendments to the House substitutes to the following Bills of the Senate: 4548 JOURNAL OF THE SENATE SB 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others: 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 a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; 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 House: HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Seabaugh of the 28th Senator Wiles of the 37th was excused as a conferee. The following bill was taken up to consider House action thereto: FRIDAY, APRIL 3, 2009 4549 SB 152. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 2-8-13 of the Official Code of Georgia Annotated, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, so as to provide for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to change certain provisions relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, final decisions, and judicial review; to change certain provisions relating to imposition of penalty in lieu of other action; to authorize the Commissioner of Agriculture to create, register, license, promote, and protect a trademark for use in connection with the general promotion of all agricultural commodities grown in this state; to define certain terms; to provide for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in Code Section 2-2-9.1, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, final decisions, and judicial review, by revising subsections (c) and (g) and paragraph (1) of subsection (h) as follows: "(c) Any administrative order issued by the Commissioner shall specify the alleged violation, monetary penalty, or other sanction; prescribe a reasonable time for some type of action to be accomplished,; and provide notice of the right to a hearing. Any order issued pursuant to this Code section shall become final unless the aggrieved or adversely affected registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals timely requests a hearing in writing as provided by this Code section." "(g) Prior to notice, hearing, or determination, the Commissioner is authorized to impose civil penalties in settlement of contested cases through administrative consent orders. The Commissioner is authorized to impose through administrative consent 4550 JOURNAL OF THE SENATE orders civil penalties of up to and including $1,000.00 per violation, except as otherwise authorized by law the applicable maximum amounts provided by paragraph (1) of subsection (h) of this Code section. Any civil penalties recovered shall be paid over into the general fund of the state treasury in accordance with Code Section 45-1292. (h)(1) The Commissioner may seek civil penalties for the violation of those laws to be enforced by the Department of Agriculture; and where the imposition of such civil penalties is provided for therein, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether such civil penalties should be imposed in accordance with the applicable law; and where the imposition of such civil penalties is not provided for therein but violation of such law is punishable as a criminal offense, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether civil penalties in an amount not to exceed $1,000.00 per violation should be imposed. Any civil penalties recovered shall be paid over into the general fund of the state treasury in accordance with Code Section 45-12-92." SECTION 2. Said title is further amended in Code Section 2-2-10, relating to imposition of penalty in lieu of other action, by adding a new subsection to read as follows: "(c) Any civil penalties recovered shall be paid over into the general fund of the state treasury in accordance with Code Section 45-12-92." SECTION 3. Said title is further amended by adding a new article to read as follows: "ARTICLE 1A 2-8-5. (a) As used in this Code section, the term: (1) 'Agricultural commodities' means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state. (2) 'Processor' has the meaning provided by Code Section 2-8-11. (3) 'Producer' has the meaning provided by Code Section 2-8-11. (b) The Commissioner shall be authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use in connection with the general promotion of agricultural commodities as being Georgia grown." FRIDAY, APRIL 3, 2009 4551 SECTION 4. Said title is further amended in subsection (a) of Code Section 2-8-13, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, by adding a new paragraph to read as follows: "(4) There shall be an Agricultural Commodity Commission for Ornamental Plants established on the effective date of this paragraph. For purposes of this paragraph, the term 'ornamental plants' means any plants grown in commercial nurseries for sale as live plants for use primarily in ornamental or landscape plantings; such term shall not include turf production or plants grown in nurseries for other agricultural, horticultural, or silvicultural use." SECTION 5. Said title is further amended in subsection (c) of Code Section 2-8-13, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, by adding a new paragraph to read as follows: "(4) Prior to April 30, 2011, 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 (4) of subsection (a) of this Code section shall continue to exist and operate under this article." SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7. Section 1 of this Act shall apply to violations occurring on or after the effective date of this Act. SECTION 8. 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 152. On the motion, a roll call was taken and the vote was as follows: Adelman Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton 4552 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Harp Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Weber C Wiles Williams (PRS) On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 152. 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 122. By Senators Goggans of the 7th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to divide the Georgia Retiree Health Benefit Fund into two funds; to define certain terms; to create the Georgia State Retiree Health Benefit Fund and the Georgia School Retiree Health Benefit Fund; to repeal the Georgia Retiree Health Benefit Fund; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 122 (LC 21 0308(SCS)) by striking "September 1, 2009" from line 505 and inserting in its place "September 1, 2010". Senator Goggans of the 7th moved that the Senate agree to the House amendment to SB 122. On the motion, a roll call was taken and the vote was as follows: Adelman Y Balfour Brown Hawkins Y Heath Y Henson Y Rogers E Seabaugh Y Seay FRIDAY, APRIL 3, 2009 4553 Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Tolleson Y Unterman E Weber C Wiles Williams (PRS) On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 122. 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 155. By Senators Pearson of the 51st, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes. 4554 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, is amended by revising subparagraph (b)(15)(A) as follows: "(15)(A) There is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except: (i) As provided by paragraph (16) of this subsection; (ii) Where the director determines to allow a variance that is at least as protective of natural resources and the environment; (iii) Where otherwise allowed by the director pursuant to Code Section 12-2-8; or (iv) Where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; or (v) Along any ephemeral stream. As used in this division, the term 'ephemeral stream' means a stream: (I) That under normal circumstances has water flowing only during and for a short duration after precipitation events; (II) That has the channel located above the ground-water table year round; (III) For which ground water is not a source of water; and (IV) For which runoff from precipitation is the primary source of water flow. provided, however, that buffers Unless exempted under division (v) of this subparagraph, buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph." 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 155. On the motion, a roll call was taken and the vote was as follows: Adelman Y Balfour Brown N Buckner Y Bulloch N Butler Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith FRIDAY, APRIL 3, 2009 4555 Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby N Douglas N Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Y Harp Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Reed Y Staton E Stoner Y Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber C Wiles Williams (PRS) On the motion, the yeas were 38, nays 8; the motion prevailed, and the Senate agreed to the House substitute to SB 155. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitutes to the following Bills of the House: HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 258. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 4556 JOURNAL OF THE SENATE The House insists on its position in substituting the following Bill of the Senate: SB 238. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; 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 94. 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 that an insured under a group accident and sickness policy may include dependents up to age 25; 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 161. By Representatives Hugley of the 133rd, Epps of the 128th, Benfield of the 85th, Brooks of the 63rd, Millar of the 79th and others: A RESOLUTION compensating Mr. John Jerome White; and for other purposes. Senator Moody of the 56th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 55. By Senators Pearson of the 51st, Rogers of the 21st, Shafer of the 48th and Williams of the 19th: A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the factors to be considered in determining fair market value of real property; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 3, 2009 4557 The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the factors required to be considered in determining fair market value of real property; to change the deadline for filing for forest land conservation use assessment; to change certain provisions regarding the establishment of the equalized adjusted property tax digest; to change certain provisions regarding notice of changes made in taxpayers' returns; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by revising subparagraph (B) of paragraph (3) as follows: "(B) The tax assessor shall consider the following criteria in determining the fair market value of real property: (i) Existing zoning of property; (ii) Existing use of property, including any restrictions or limitations on the use of property resulting from state or federal law or rules or regulations adopted pursuant to the authority of state or federal law; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; and (iv) Foreclosure sales, bank sales, other financial institution owned sales, or distressed sales, or any combination thereof, of comparable real property; (v) Decreased value of the property based on limitations and restrictions resulting from the property being in a conservation easement; and (iv)(vi) Any other existing factors deemed pertinent in arriving at fair market value." SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (j) of Code Section 48-5-7.7, relating to forest land conservation use assessment, as follows: "(j)(1) For the taxable year beginning January 1, 2009, all 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 June 1 of the tax year for which such conservation use assessment is sought, except that in the case of property which is the 4558 JOURNAL OF THE SENATE 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. For each taxable year beginning on or after January 1, 2010, 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 clerk's 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 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." SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 48-5-274 relating to the establishment of the equalized adjusted property tax digest, as follows: "(c) The assessment ratio of assessed value to fair market value of county property to be established by the state auditor for the purposes of paragraph (8) of subsection (b) of this Code section shall be established through the use of personnel of the Department of Audits and Accounts who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal techniques. The Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors to determine the valid transactions necessary to establish accurately the measure of central tendency described in paragraph (8) of subsection (b) of this Code section; provided, however, that standard shall only be used to the extent it FRIDAY, APRIL 3, 2009 4559 does not conflict with criteria enumerated in subparagraph (B) of paragraph (3) of Code Section 48-5-2." SECTION 4. Said chapter is further amended by revising subsections (a) and (b) of Code Section 48-5306, relating to notice of changes made in taxpayers' returns, to read as follows: "(a) Method of giving notice to taxpayer of changes made in such taxpayer's return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer and if in the opinion of the board any taxpayer has omitted from such taxpayer's returns any property that should be returned or has failed to return any of such taxpayer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only such taxpayer's proportionate share of taxes. When any such corrections, or changes, including valuation increases or decreases, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any such changes made in such taxpayer's returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as first-class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered 'Return in five days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type -- 'OFFICIAL TAX MATTER.' (b) Contents of notice. (1) The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain: (A) The amount of the previous assessment; (B) The amount of the current assessment; (C) The year for which the new assessment is applicable; (D) A brief description of the assessed property broken down into real and personal property classifications; (E) The fair market value of property of the taxpayer subject to taxation and the assessed value of the taxpayer's property subject to taxation after being reduced; and (F) The name and phone number of the person in the assessors' office that who is administratively responsible for the handling of the appeal and that who the 4560 JOURNAL OF THE SENATE taxpayer may contact if they have the taxpayer has questions about the reasons for the assessment change or the appeals process. (2) In addition to the items required under paragraph (1) of this subsection, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form: 'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court. If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'" SECTION 5. 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, 2009. SECTION 6. 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 55. On the motion, a roll call was taken and the vote was as follows: Adelman Y Balfour Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson,L Jackson,W Y Johnson Y Jones E Moody C Mullis Y Murphy Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson FRIDAY, APRIL 3, 2009 4561 Golden Y Grant E Hamrick Harbison Y Harp N Orrock Y Pearson Y Powell N Ramsey Y Reed Y Unterman E Weber C Wiles Williams (PRS) On the motion, the yeas were 38, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 55. The following bill was taken up to consider House action thereto: SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Unterman of the 45th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 168 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, Hooks of the 14th and Unterman of the 45th. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st 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 for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, 4562 JOURNAL OF THE SENATE duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. The following resolution was taken up to consider House action thereto: SR 294. By Senators Grant of the 25th, Jackson of the 24th, Cowsert of the 46th, Tolleson of the 20th, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; to provide an effective date; 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 Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned real property located in Clarke County, Georgia; authorizing the conveyance of an easement in certain state owned real property located in Clarke County, Georgia; authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia; authorizing the conveyance of certain state owned real property located in Gordon County, Georgia; authorizing the conveyance of an easement in certain state owned real property located in Gordon County, Georgia; authorizing the conveyance of certain state owned real property located in Gwinnett County, Georgia; authorizing the conveyance of certain state owned real property located in Hancock County, Georgia; authorizing the conveyance of certain state owned property located in McDuffie County, Georgia; authorizing the conveyance of certain state owned real property located in Telfair County, Georgia; authorizing the conveyance of certain state owned real property in Early County, Georgia authorizing the leasing of two parcels of certain state owned real property located in Rabun County, Georgia; authorizing the conveyance by conservation easement of certain state owned FRIDAY, APRIL 3, 2009 4563 real property located in Ware County, Georgia; authorizing the leasing of certain state owned real property in Baldwin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Baldwin and Wilkinson Counties, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in GMD 328, 1714 and 115 of Baldwin and Wilkinson Counties, Georgia, containing approximately 477 acres, as shown on two plats of survey entitled Survey Property for the Fall Line Regional Development Authority dated October 31, 2006, and October 18, 2006, and being tracts A, C, E, and F prepared by Byron L. Farmer, Georgia Registered Land Surveyor #1679, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said tracts or parcels are a portion of Bartram Forest now under the custody of the Georgia Forestry Commission; (4) The Georgia Department of Transportation intends to construct the "Fall Line Freeway" which will bisect Bartram Forest and the Fall Line Regional Development Authority is desirous of constructing an industrial park at the intersection of US Highway 441 and said Fall Line Freeway; (5) It has been determined that the development of said industrial park on the abovedescribed property would be of great economic benefit to the citizens of Baldwin and Wilkinson Counties as well as the state; (6) The Georgia Forestry Commission, by letter from the director dated September 21, 2005, agrees to the conveyance to the Fall Line Regional Development Authority with the provision that Georgia Forestry Commission retains timber rights on the 477 +/- acre tracts or parcels for management and harvesting until such time as the actual conversion of the land use; (7) No conveyance shall be made until the Georgia Forestry Commission formally agrees on the exact acreage to be conveyed to the Fall Line Regional Development Authority; (8) It would be in the best interest of the State of Georgia to convey the abovedescribed property to the Fall Line Regional Development Authority for the fair market value; and WHEREAS: (1) The State of Georgia is the owner of a certain reversionary interest in a tract of real property located in Baldwin County, Georgia, owned by Baldwin County Hospital Authority as authorized in Resolution Act number 94 (H.R. No. 233-640) of the 1965 General Assembly and recorded at the State Properties Commission as Real Property Record number 3090; 4564 JOURNAL OF THE SENATE (2) Said real property interest is in a parcel of land lying and being in Land Lots 282 and 295, 318th Georgia Militia District in Baldwin County and containing approximately 32 acres as described in a deed dated July 30th, 1965, between the State of Georgia and the Baldwin County Hospital Authority and being on file in the offices of the State Properties Commission; (3) The Baldwin County Hospital Authority d/b/a Oconee Regional Medical Center has requested that the state relinquish any current or reversionary interest to the Baldwin County Hospital Authority d/b/a Oconee Regional Medical Center; (4) The above-described conveyance of a property interest is approved by the Department of Human Resources; (5) The State Properties Commission has determined this conveyance to be in the best interest of the State of Georgia; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in land lot 3 block 11 of Bibb County, and containing a total of approximately 0.617 acres as shown on a plat of survey prepared by Thomas W. Hurley dated December 4, 1997, and recorded in plat book 89 page 141, of Bibb County and as shown on a plat of survey prepared by Robert W. Hurley dated October 5, 1981, and recorded in plat book 63 page 99 of Bibb County 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 Bureau of Investigation located at Oglethorpe and Second Streets and housing the Macon Regional Drug Enforcement Office; (4) By resolution dated December 11, 2008, the Board of Public Safety declared the property surplus; (5) Bibb County has conveyed a new location for the Georgia Bureau of Investigation; (6) Bibb County is desirous of acquiring the above-described property for public a purpose; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is estimated as an approximately 1.8 acre tract of land lying and being in Land Lot 73 of the Hazzard District of Bibb County, Georgia, and as shown on a plat of survey for the conveyance from Bibb County of April 1, 1954, and of the plat for the May, 1964, deed from Bibb County titled Plat Showing Parcel D located in Land Lot 73, Hazzard District, Deeded to Bibb County by Dell D. Gledhill FRIDAY, APRIL 3, 2009 4565 dated August 20, 1963, 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 known as the District Office on 5235 Columbus Road, Macon, Georgia, which was acquired from Bibb County, Georgia, by warranty deeds dated April 1, 1954, and May 1964, and recorded in the Clerk of Superior Court of Bibb County's records as Deed Books 677, Page 515 and Book 928, Page 289 respectively, and in the offices of the State Properties Commission as RPR #'s 00096 and 04710; (4) Said deeds recite that the property was conveyed for the sole purpose of use by the Grantee for forest fire protection activities and purposes, and upon abandonment of the Grantee to use the property for the purposes specified, the property, together with any improvements placed thereon by the Grantee and not removed by the Grantee shall revert to the Grantor, its successors or assigns; (5) Since October 17, 2005, the real property has not been used or occupied by the State of Georgia for any other purpose, as acknowledged in a Georgia Forestry Commission resolution dated January 3, 2007; (6) Bibb County Board of Commissioners has requested a conveyance deed from the state and seeks authorization from the General Assembly to convey any interest the state may have in the above-described property to Bibb County; and WHEREAS: (1) The State of Georgia is the owner of a certain real property located in Camden County, Georgia; (2) Said real property is all that easement lying and being in a Portion of Marginal Lot No. 2 and a Portion of Seagrove Street in the City of St. Mary's, 29th GM district of Camden County, and containing a total of approximately 0.178 acres as more particularly described on that certain plat of Easement to the State of Georgia dated June 16, 2000, by Privett and Associates, Inc., Surveyors and Land Planners, being recorded by the clerk of Superior Court of Camden County in Plat Cabinet 2, File 196-G-H and as real property record number 009779 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 Natural Resources and was used for construction, operation, and access to the St. Mary's Dock and Pier, which property was conveyed on January 21, 2001, for $10.00 by the City of St. Mary's to the State; (4) The January 21, 2001, easement from the City of St. Mary's stipulated that the city could remove and relocate the easement area if the city executed and delivered to the state a new easement and easement area equivalent to the 2001 easement, and the state as Grantee quitclaimed to the city all of its rights and interest in the 2001 4566 JOURNAL OF THE SENATE easement and easement area; (5) On September 1, 2005, the City of St. Mary's passed a resolution to remove and relocate the 2001 easement area with a larger easement area that the city would improve; (6) The Department of Natural Resources has relocated the activities performed on the above-described 2001 easement and has requested that the state's rights and interest in that easement be quitclaimed to the City of St. Mary's in consideration of a new equivalent or greater easement area from the city; (7) The City of St. Mary's is desirous of having the state convey its interest in the 2001 easement area back to the city and of granting the state a new easement and easement area equivalent or greater; 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 lot 159 of the 14th district, 2nd Section of Cherokee County, and containing a total of approximately 2.35 acres as more particularly described as outlined in orange on that certain engineer's drawing dated January 26, 2009, and prepared by Engineering Strategies, Inc., 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 surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Defense and is adjacent to the State of Georgia National Guard Armory in the City of Canton; (4) The Department of Defense has declared the above-described 2.35 acre portion of the property surplus to the needs of the Georgia National Guard; (5) The above-described property was conveyed to the state in 1950 by Cherokee County for the consideration of $1.00 for the sole purposes of the National Guard and Military; (6) The City of Canton is desirous of having the state convey its interest in the property to the city for the expansion of and access to the city's sewer treatment plant; (7) The City of Canton agrees to convey to the state any interest the city may have in an approximately 20 foot wide driveway totaling approximately 0.23 acres along the northern boundary of the retained property; (8) The City of Canton has agreed to repair and repave a portion of the retained armory property totaling approximately 1.73 acres to conform with the Georgia Department of Transportation specification H20 loading and typical repaving as required by the Department of Defense; and WHEREAS: (1) The State of Georgia is the owner of a certain real property located in Clarke County, Georgia; (2) Said real property is all that tract located on West Broad Street in the 216th FRIDAY, APRIL 3, 2009 4567 Georgia Militia District, Athens-Clarke County, Georgia, and is more particularly described as follows: That survey titled Survey for Georgia State Properties Commission in Clarke County, City of Athens, GMD 216, dated February 6, 2009, prepared by Landmark Engineering Corporation by surveyor J. R. Holland and on file in the offices of the State Properties Commission showing the following parcels: For conveyance at no less than fair market value by competitive bid of approximately 1.964 acres (Parcels 1, 2, 5A, and 5B) ("the sale property"); and For conveyance for $10.00 to the Unified Government of Athens-Clarke County (ACC) of 0.029 of an acre (Parcel 3); and For an easement for $10.00 to the Unified Government of Athens-Clarke County on approximately 0.149 of an acre (Parcel 2); and For a 25 foot wide easement at fair market value of approximately 0.33 of an acre on the west side of Parcels 5A and 5B to Smith & Martin Investments, Inc., and guests. 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) For all parcels other than Parcel 5B, said property has been declared surplus by and is under the custody of the Department of Agriculture until a sale by competitive bid, as authorized, has been conducted by the State Properties Commission; a portion of which property was previously authorized for sale by competitive bid in 2005 Resolution Act 344, Article XIV (H. R. 166); and a portion of which property was authorized in 2006 Resolution Act 911, Article II (H. R. 1259) for the issuance of an easement for ingress and egress at 2188 East Broad Street to the Unified Government of Athens-Clarke County; (4) Parcel 5B has been declared surplus by and is under the custody of the Department of Corrections until a sale by competitive bid is authorized and has been conducted by the State Properties Commission, in consideration of the state retaining for itself or its successors or assigns ingress-egress rights on Parcels 5B and 5A prior to conveying the sale property; (5) It has been determined that it would be in the best interest of the State of Georgia to convey an ingress-egress easement to Athens-Clarke County over 0.149 of an acre (being Parcel 2) for a consideration of $10.00, and to convey an ingress-egress easement of approximately 0.33 of an acre to Smith & Martin Investments, Inc., and guests for a consideration of fair market value as determined to be in the best interest of the State of Georgia and to sell the above-described sale property (being Parcels 1, 2, 5A, and 5B) of approximately 1.964 acres by competitive bid for no less than fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and to convey to Athens-Clarke County approximately 0.029 of an acre (being Parcel 3) for a consideration of $10.00; and 4568 JOURNAL OF THE SENATE WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property totaling approximately 6.95 acres located in the Emanuel County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 53rd G.M. District of Emanuel County and in or near the City of Swainsboro as shown and depicted on a plat of survey of 5.07 acres prepared by Walter K. Maupin, dated October 9, 1964, and recorded in Plat Book 3, Page 78; and a plat of survey of 0.5 of an acre prepared by Aubrey E. Scott, Jr. dated June 23, 1978, and revised April 9, 1979, and recorded in Plat Book 10, Page 119; and a plat of survey of 1.38 acres prepared by Walter K. Maupin dated September 10, 1982, recorded in Plat Book 11, Page 140, of the Records of the Clerk of the Superior Court of Emanuel County, Georgia, the first two deeds being recorded as real property record numbers 3065 and 6615 respectively 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 Administrative Services and has been used as a surplus property warehouse; (4) The Department of Administrative Services by letter from the commissioner dated October 16, 2008, has declared the property surplus; (5) Each of the above-described real properties was conveyed to the state from the City of Swainsboro for the consideration of $10.00; (6) The City of Swainsboro, by resolution dated December 1, 2008, requests that the state convey to the city for a public purpose all interest in the above-described properties; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gordon County, Georgia, totaling approximately 20.1 acres; (2) Said parcel of such real property is all that parcel described as lying and being in the 14th District, 3rd Section and being parts of Land Lots 124 and 125 of Gordon County and adjoining the property of the Calhoun Elks Home, Inc., golf course, initially containing a total of approximately 20.1 acres and ultimately containing a smaller approximately 14.6 acre portion within that area as drawn and overlaid on an aerial entitled Preliminary SR 225 Bridge Replacements Gordon County PI 631570, 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 Calhoun Elks Home, Inc., is desirous of leasing the above-described property in order to operate a golf course; (4) The Calhoun Elks Home, Inc., previously leased the approximately 20.1 acre area beginning on May 6, 1969, for a 20 year period, and leased the same area for another 20 year period from May 6, 1989; FRIDAY, APRIL 3, 2009 4569 (5) State Route 225 on the southern boundary of the lease area is a dangerous road leading to an unsafe bridge that the Georgia Department of Transportation ranks as one of the 30 most dangerous in the state. To straighten Route 225 and improve the bridge, the state also seeks authorization from the General Assembly to grant to the Georgia Department of Transportation an easement of approximately 9 acres total (5.5 acres and an additional approximately 3.5 acres) as shown on the above-referenced drawing, to make the road safe. When the easement is granted, the ultimate area leased to the Elks will be approximately 14.6 acres. Until the state issues the approximately 5.5 acre easement to GDOT to improve the safety of the highway and bridge, the Elks may use the initial lease area of approximately 20.1 acres, at the fair market value of the ultimate lease area, which has been determined to be $3,800.00 annually. After the easement has been granted to GDOT, the lease area will be approximately 14.6 acres, and the consideration will be $3,800.00 annually; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gwinnett County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 12, Land District 7 of Gwinnett County totaling approximately 6.42 acres known as tax parcel 7-012-030A which was formerly used as a Georgia State Patrol Headquarters Post 54 and is recorded in the office of the Clerk of the Superior Court of Gwinnett County in Deed Book 225, Page 1, and on file in the offices of the State Properties Commission as real property record number 4625; (3) The above-described property was conveyed to the State on December 29, 1964, by Gwinnett County for the consideration of $1.00; (4) The Department of Public Safety discontinued its use of the property on October 1, 1998, and the Department of Driver Services discontinued its use of the property on February 28, 2003; (5) The deed of conveyance states that should the property cease to be used as a Georgia State Patrol Headquarters for a period of two years, property is to revert to Gwinnett County; (6) Gwinnett County, by letter dated October 20, 2008, is desirous of having the state convey its interest in the property back to the county for the consideration of $10.00; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hancock County, Georgia; (2) Said real property is an approximately 3.14 acre portion of that approximately 160 acre tract or parcel of land lying and being in the 113th G.M.D. of Hancock County as more particularly described by a plat dated November 5, 1987, prepared by Precision Planning, Inc., recorded in the office of the clerk of the Superior Court of Hancock County, and on file in the offices of the State Properties Commission as real 4570 JOURNAL OF THE SENATE property record number 7518, 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 currently under the custody of the Department Corrections; (4) The Department of Corrections no longer has a use for the site and has declared the property surplus; (5) It has been determined that it is in the best interest of the state to sell the abovedescribed property for a consideration of not less than fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in McDuffie County, Georgia; (2) Said real property totaling approximately 2.00 acres is a portion of that tract or parcel of land lying and being in the 134th G.M.D. McDuffie County as more particularly described by a plat dated March 10, 2008, prepared by Wright Angle Land Surveyors recorded in the office of the clerk of the Superior Court of McDuffie County in Deed Book 197, Pages 246 - 249 and on file in the offices of the State Properties Commission as real property record number 8709; (3) Said property is under the custody of the Technical College System of Georgia and is located on the McDuffie County campus of Augusta Technical College; (4) The Technical College System of Georgia desires to exchange the abovedescribed property for approximately 2.00 acres of land owned by the McDuffie County Board of Commissioners at the Thomson-McDuffie County Airport as described on a plat of survey titled Plat for Thomson-McDuffie County Airport, 2.00 Acres, 134th GMD, McDuffie County, Georgia, by Wright Angle Land Surveyors dated March 10, 2008, for use as the site of Project No. DTAE 147, aircraft technology building for Augusta Technical College; (5) The above-described property was conveyed to the state in July of 1995 by Augusta Technical Institute Foundation, Inc., for the consideration of $10.00; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Telfair County, Georgia; (2) Said real property is all that tract located in Land Lot 46, 9th District, City of Milan, Telfair County, Georgia, and is more particularly described as follows: On that drawing titled Georgia Department of Corrections Engineering Services and Technical Support, Telfair County Milan State Prison Properties dated December 30, 2008, depicting the RPR 7873, on file in the offices of the State Properties Commission; 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 FRIDAY, APRIL 3, 2009 4571 to the State Properties Commission for approval; (3) The City of Milan conveyed three Parcels (A, B, and C) totaling approximately 5.078 acres to the State on October 3, 1989, for mutual public consideration; (4) Milan State Prison has now outlived its intended use; (5) RPR Parcels 7873 A, B, and C have been declared surplus by and are under the custody of the Department of Corrections, which has requested that the three parcels be conveyed back to the City of Milan; (6) The City of Milan has requested the conveyance for $10.00 of RPR Parcels 7873 A, B, and C; and WHEREAS: (1) The State of Georgia is the owner of a certain real property located in Early County, Georgia; (2) Said real property includes all that tract of land conveyed in fee simple for $10.00 to the State of Georgia on July 12, 1996, by the Development Authority of Early County, lying and being in Land Lot 125, District 28, located at 40 Harold Ragan Drive on the U.S. Highway 27 Bypass in Blakely, Early County, containing a total of approximately 26.00 acres housing the Early County Satellite Center of the Albany Technical Institute, as shown on a plat of survey prepared by Grady Hodge Holman, Land Surveyor 2033, dated June 28, 1995, and last revised on July 24, 1995, and recorded in Deed Book 207 pages 516-517, and Plat Book 200 page 178 of Early County, and being on file in the offices of the State Properties Commission as RPR # 08984 and SPC 840.03, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said real property interests of the state also includes any reversionary interest in a Quit Claim Deed of May 10, 2002, from the state to Early County for 1.84 acres a portion of the 26 acre property conveyed in 1996 from Early County and referenced in paragraph (2) above; such 1.84 acres shall revert to the state at 12:01 A.M. prevailing time on July 1, 2022, said property having been declared surplus by the Department of Technical and Adult Education on May 4, 2000, and the county was desirous of constructing a training site for the child care program at the Early County Satellite Center of Albany Technical Institute as authorized by 2001 Resolution Act No. 29 (HR 88); (4) Said property is under the custody of the Technical College System of Georgia formerly known as the Department of Technical and Adult Education; (5) By resolution dated June 1, 2006, to further the education of citizens in the area in technical and transfer degrees, the Technical and Adult Education Board declared the property surplus and authorized Albany Technical College to enter into a Memorandum of Understanding between Bainbridge College of the University System of Georgia effective July 1, 2006, for Bainbridge College to assume the full responsibility and authority for the governance and administration of the Early County Campus facility, its faculty, staff, and instructional programs, and if funds 4572 JOURNAL OF THE SENATE were available annually, the Department of Technical and Adult Education will allocate $1,012,348 to the Early County Campus for personnel, operation, and maintenance from the Albany Technical College budget; and funds held by the Albany Technical College Foundation for the Early County site were transferred to the Bainbridge College Foundation; and student government funds held by Albany Technical College for the Early County Campus were transferred to Bainbridge College; and effective July 1, 2007, the Georgia Department of Technical and Adult Education recommended transfer of title of the Early County Campus property as described in paragraph (2) above to the Board of Regents of the University System of Georgia; (6) On June 6-7, 2006, the Georgia Board of Regents agreed to accept title to the property described in paragraph (2) above, and the governance and administration of the Early County Campus through its Bainbridge College, the conversion of which occurred on November 1, 2006; (7) The Georgia Board of Regents is desirous of acquiring the above-described property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 0.057 of an acre located in Rabun County, Georgia; (2) Said parcel of such real property is all that parcel described as "the lease area" of 50 x 50 feet of land lying and being in Land Lot No. 65 of the 2nd Land District of Rabun County and is a part of Black Rock Mountain State Park in the custody of the Georgia Department of Natural Resources, containing a total of approximately 0.057 of an acre of that certain lease being on file in the Offices of the State Properties Commission as RPR # 08536 A tract of land being 50 x 50 feet, in Rabun County, Georgia, in Land Lot No. 65, District No. 2. Beginning at an iron pin 125 feet south 65 degrees 00 minutes east of an iron pin on the northeast corner of a 25 foot square plot of land presently leased to Currahee Paging, Inc.; thence south 65 degrees 00 minutes east 50 feet to an iron pin; thence north 25 degrees 00 minutes east 50 feet to an iron pin; thence north 65 degrees 00 minutes west 50 feet to an iron pin; thence south 25 degrees 00 minutes west to an iron pin to the beginning point. Said plot containing 0.057 of one acre, and being part of the State of Georgia Department of Natural Resources Black Rock Mountain State Park. 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 lease area is the site of a cable television tower that has been leased to Northland Cable Properties, Inc., or its predecessors Northland Premier Cable Limited Partnership or Mountain View Enterprises, Inc., since May 23, 1969, pursuant to Resolution Act 96, SR No. 102, approved April 28, 1969 (Ga. L. 1969, p. 1116), and recently authorized in 1994 Res. Act No. 96 (HR 859) for ten years, and leased FRIDAY, APRIL 3, 2009 4573 effective September 9, 1994, with a five-year renewal commencing September 9, 2004, and expiring September 8, 2009, at an annual rate of $650.00 per year; (4) Northland Cable Properties, Inc. "Sublessee" is desirous of subleasing the abovedescribed property to receive over the air/satellite broadcast signals and transmit a microwave signal to customers in the local area from the site for a period of up to ten years, with a renewable term if needed, at fair market value and with the ability for either Lessor or Sublessee to cancel with 90 days notice to the other party; (5) Southern Communications Services, Inc., doing business as SouthernLINC Wireless "Lessee" is desirous of leasing the above-described property for a period of ten years at fair market value and will construct a new tower for wireless communications services for Georgia Power Company and other government services, and will dismantle the current tower of sublessee Northland and move sublessee's equipment to the new tower; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 0.015 (36.25' x 18') of an acre located in Rabun County, Georgia; (2) Said real property is all that tract or parcel of land containing 0.015 of one acre lying and being in land lot 66 of the 2nd district of Rabun County, Georgia, and is more particularly described highlighted in orange as a portion of the property on a revised plat of survey dated April 29, 1995, prepared by William F. Rolader, Georgia Registered Land Surveyor #2042 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is in the custody of the Department of Natural Resources and is a part of Black Rock Mountain State Park; (4) The above-described property is a portion of a 0.019 of one acre area that has been leased by the State of Georgia to Currahee Paging, Inc., since November 15, 1995, for a consideration of $650.00 annually; (5) Currahee Paging, Inc. is desirous of leasing the above-described property for a term of ten years; (6) The Department of Natural Resources has no objection to the leasing of the above-described property; (7) 2005 Legislation Resolution Act 344 (HR 166) ARTICLE XVI Section 90 authorized the State Properties Commission to enter into a lease of 0.0189 of an acre with Currahee Paging, Inc. for a consideration of $650 per year; (8) Currahee Paging, Inc. is desirous of leasing a 0.015 of an acre property for a period of ten years at fair market value for telecommunications purposes, which would rescind the 2005 authorization; and WHEREAS: (1) The State of Georgia is the owner of certain real property located at Dixon 4574 JOURNAL OF THE SENATE Memorial State Forest in Ware County, Georgia; (2) Oglethorpe Power Corporation requested in a letter dated February 11, 2009, to plant and maintain hardwood trees in various parcels of such state property totaling approximately 500 noncontiguous acres that were devastated by fires and would not otherwise be replanted by the Georgia Forestry Commission. Oglethorpe Power Corporation desires ingress and egress in, on, over, under, upon, across, or through a portion of said property for that purpose, and Oglethorpe Power Corporation will evenly split the value of any carbon sequestration credits with the Georgia Forestry Commission 25 years after the commencement of a carbon sequestration credits regulation program; (3) The Georgia Forestry Commission on February 8, 2009, approved entering into an agreement with Oglethorpe Power Corporation for the institution of a carbon sequestration project for an initial term of ten years, renewable for additional ten-year terms and, as part of such project, also approved the granting of both a revocable license and a 75 year conservation easement to Oglethorpe Power Corporation, such instruments to allow Oglethorpe Power Corporation ingress and egress in, on, over, under, upon, across, or through adjacent land of the State of Georgia for the purposes of planting and maintenance of hardwood trees; (4) The State Properties Commission approved Georgia Forestry Commission's request for such a revocable license on February 27, 2009; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Baldwin County, Georgia; (2) Within said real property is a parcel of land lying and being in land lots No. 244 of the fifth land district GMD 1714 of Baldwin County, Georgia containing a total of approximately 71.31 of acres as shown on a plat of survey dated December 3, 2008, and prepared by Steven A. Coleman Georgia Registered Land Surveyor and being on file in the offices of the state properties; (3) A portion of the above-described property was transferred from the Department of Human Resources by executive order on February 5, 2009, and as a result entire parcel is in the custody of the Department of Corrections; (4) The Georgia Department of Corrections has issued a Request for Proposals ("RFP") for the construction and operation of a private prison, and the RFP allows the selected vendor to request a long-term ground lease of a one-year lease with allowance for 24 one-year renewals from the State of Georgia for the referenced property; (5) Upon award of the above-mentioned procurement, and upon request from the winning vendor, the Department of Corrections proposes to honor that request by asking the State of Georgia to enter into a long-term ground lease as described above with said winning vendor. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: FRIDAY, APRIL 3, 2009 4575 ARTICLE I SECTION 1. That the State of Georgia is the owner of the above-described real property in Baldwin and Wilkinson Counties 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, excluding any timber rights which are to be retained by the Georgia Forestry Commission, and including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Fall Line Regional Development Authority for the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 3. That the authorization in this resolution to convey the above-described property shall expire five years after the date that this resolution becomes effective. SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5. That the deed of conveyance shall be recorded by the Grantee in the Superior Courts of Baldwin and Wilkinson Counties and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed. ARTICLE II SECTION 7. That the State of Georgia is the owner of the above-described reversionary interest in Baldwin County and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission. SECTION 8. That the above-described property interest may be conveyed by appropriate instrument 4576 JOURNAL OF THE SENATE by the State of Georgia, acting by and through its State Properties Commission, to Baldwin County Hospital Authority d/b/a Oconee Regional Medical Center 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 9. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. SECTION 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 Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 12. That custody of the above-described property interest shall remain in the Department of Human Resources until the property is conveyed. ARTICLE III SECTION 13. That the State of Georgia is the owner of the above-described real property in Bibb 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 Bibb 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 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 affect such conveyance. FRIDAY, APRIL 3, 2009 4577 SECTION 17. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Bibb 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 Georgia Bureau of Investigation until the property is conveyed. ARTICLE IV SECTION 19. That the State of Georgia is the owner of the above-described real property in Bibb 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 all of the above state's interest in the above-described approximately 1.8 acre parcel of property together with any remaining improvements thereon may be conveyed to the Bibb County Board of Commissioners for a consideration of $10.00. SECTION 21. 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 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 Bibb 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 Georgia Forestry Commission until the property is conveyed. ARTICLE V SECTION 25. That the State of Georgia is the owner of the above-described easement in Camden County and that in all matters relating to the conveyance of the 2001 easement area the State of Georgia is acting by and through its State Properties Commission. 4578 JOURNAL OF THE SENATE SECTION 26. That the above-described easement area may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission to Camden 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 27. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and to effect an equivalent replacement easement area. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area. SECTION 29. That the deed of conveyance of the state's interest in the original easement area shall be recorded by the Grantee in the Superior Court of Camden County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 30. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed. ARTICLE VI SECTION 31. 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 2.35 acres of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 32. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey the above-described real property to the City of Canton for a consideration of $10.00, and the City of Canton agrees to convey by quitclaim deed to the state any interest the city may have in an approximately 20 foot wide driveway totaling approximately 0.23 acres property, and the city shall repair and repave a portion of said property totaling approximately 1.73 acres to conform with the Georgia Department of Transportation specification H20 loading and typical repaving as required by the Department of Defense, and such further consideration and provisions as the State FRIDAY, APRIL 3, 2009 4579 Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 33. 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 34. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 35. 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 36. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed. ARTICLE VII SECTION 37. That the State of Georgia is the owner of the above-described Clarke County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 38. That the above-described approximately 1.964 acres of real property (Parcels 1, 2, 5A, and 5B; "the sale property") may be sold by competitive bid for a consideration of 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, 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 including that the winning bidder or its successors and assigns shall maintain the current driveway on Parcels 5A and 5B in good condition with smooth pavement, free of holes and hazards. SECTION 39. That the above-described approximately 0.029 of an acre of real property (Parcel 3) may be sold for a consideration of $10.00 to the Unified Government of Athens-Clarke County, 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. 4580 JOURNAL OF THE SENATE SECTION 40. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 41. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. SECTION 42. That the deeds of conveyance shall be recorded by the Grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 43. That custody of the above-described property shall remain in the Department of Agriculture and in the Department of Corrections, respectively, until the property is conveyed. SECTION 44. That the State of Georgia is the owner of the above-described real property in Clarke County, and the property is in the custody of the Department of Agriculture, hereinafter referred to as the "easement area of approximately 0.149 of an acre (Parcel 2)" and that, in all matters relating to this easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 45. That prior to the conveyance of the sale property by competitive bid, the State of Georgia acting by and through its State Properties Commission may grant to The Unified Government of Athens-Clarke County, Georgia, or its successors and assigns, a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area (Parcel 2) for the purpose of ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. SECTION 46. That the above-described premises (Parcel 2) shall be used solely for the purpose of ingress and egress. SECTION 47. That The Unified Government of Athens-Clarke County, Georgia, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress. FRIDAY, APRIL 3, 2009 4581 SECTION 48. That, after The Unified Government of Athens-Clarke County, Georgia, has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, The Unified Government of Athens-Clarke County, Georgia, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the ingress and egress shall become the property of the State of Georgia, or its successors and assigns. SECTION 49. That no title shall be conveyed to The Unified Government of Athens-Clarke County, Georgia, and, except as herein specifically granted to The Unified Government of Athens-Clarke County, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to The Unified Government of Athens-Clarke County, Georgia. SECTION 50. 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 Unified Government of Athens-Clarke County, Georgia, shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by The Unified Government of Athens-Clarke County, Georgia. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area. SECTION 51. 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 4582 JOURNAL OF THE SENATE respect to the city street system. The 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 52. That the easement granted to The Unified Government of Athens-Clarke County, Georgia, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best 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 53. 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 54. That this grant of easement shall be recorded by the Grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 55. That the authorization in this resolution to grant the above-described easement to The Unified Government of Athens-Clarke County, Georgia, shall expire three years after the date that this resolution becomes effective. SECTION 56. 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. SECTION 57. That the State of Georgia is the owner of the described real property in Clarke County, and the property is in the custody of the Departments of Agriculture and of Corrections, hereinafter referred to as the "easement area of approximately 0.33 of an acre (25' wide along the western boundary of Parcels 5A and 5B)" and that, in all matters relating to this easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 58. That prior to the conveyance of the sale property by competitive bid the State of Georgia, acting by and through its State Properties Commission, may grant to Smith & FRIDAY, APRIL 3, 2009 4583 Martin Investments, Inc., or its successors and assigns, and its guests a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of Smith & Martin Investments, Inc., and its guests 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. SECTION 59. That the above-described premises shall be used solely for the purpose of ingress and egress for Smith & Martin Investments, Inc., its successors and assigns, and guests. SECTION 60. That Smith & Martin Investments, Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress. SECTION 61. That, after Smith & Martin Investments, Inc., 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, Smith & Martin Investments, Inc., 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 ingress and egress shall become the property of the State of Georgia, or its successors and assigns. SECTION 62. That no title shall be conveyed to Smith & Martin Investments, Inc., and, except as herein specifically granted to Smith Martin, Inc., 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 Smith & Martin Investments, Inc. SECTION 63. 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 Smith & Martin Investments, Inc., shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission 4584 JOURNAL OF THE SENATE 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 Smith & Martin Investments, Inc. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area. SECTION 64. 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. The 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 65. That the easement granted to Smith & Martin Investments, Inc., 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 66. That the consideration for such easement shall be no less than the fair market value as determined by the State Properties Commission to be in the best interest of the state, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 67. That this grant of easement shall be recorded by Smith & Martin Investments, Inc., in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 68. That the authorization in this resolution to grant the above-described easement to Smith & Martin Investments, Inc., shall expire three years after the date that this resolution becomes effective. FRIDAY, APRIL 3, 2009 4585 SECTION 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 70. That the State of Georgia is the owner of the above-described real property in Emanuel 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 71. That the above-described parcels of real property may be conveyed by appropriate instrument to the City of Swainsboro for a consideration of $10.00, so long as the property is used for a 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 72. 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 73. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 74. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Emanuel County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 75. That custody of the above-described property shall remain in the Department of Administrative Services until the property is conveyed. ARTICLE IX SECTION 76. That the State of Georgia is the owner of the above-described real property in Gordon County, and that in all matters relating to the leasing of initially approximately 20.1 acres of real property and, after the state issues an approximately 5.5 acre easement to GDOT to improve the safety of State Route 225, in all matters relating to the leasing of ultimately approximately 14.6 acres of real property the State of Georgia is acting by and through its State Properties Commission. 4586 JOURNAL OF THE SENATE SECTION 77. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Calhoun Elks Home, Inc., for a period of ten years for a consideration of fair market value as determined by the State Properties Commission to be $3,800.00 per year; 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 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 79. That the lease shall be recorded by the lessee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 80. That the authorization to lease the above-described property to the Calhoun Elks Home, Inc., shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 81. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement area on State of Georgia property totaling approximately 9 acres for improved safety and operation and maintenance of a highway. Said easement area is located in Calhoun, Gordon County, Georgia, 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 82. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said highway. SECTION 83. That the Georgia Department of Transportation 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 installation, maintenance, and operation of said highway. SECTION 84. That, after the Georgia Department of Transportation has put into use the highway this easement is granted for, 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, FRIDAY, APRIL 3, 2009 4587 privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, 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 facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 85. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, 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 Department of Transportation. SECTION 86. 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 Georgia Department of Transportation 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 Georgia Department of Transportation. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area. SECTION 87. That the easement granted to the Georgia 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 88. That the consideration for such easement shall be $10.00 and such further consideration 4588 JOURNAL OF THE SENATE and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 89. That this grant of easement shall be recorded by the Grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 90. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire five years after the date that this resolution becomes effective. SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE X SECTION 92. That the State of Georgia is the owner of the above-described real property in Gwinnett 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 93. That all or a portion of the above-described approximately 6.42 acre parcel of property may be conveyed by appropriate instrument to Gwinnett County for a consideration of $10.00, so long as the property is used 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 94. 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 95. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 96. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission. FRIDAY, APRIL 3, 2009 4589 SECTION 97. That custody of the above-described property shall remain in the Department of Driver Services until the property is conveyed. ARTICLE XI SECTION 98. That the State of Georgia is the owner of the above-described real property in Hancock 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 99. That all or a portion of the above-described property may be conveyed by competitive bid for the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 100. 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 101. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 102. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Hancock County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 103. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed. ARTICLE XII SECTION 104. That the State of Georgia is the owner of the above-described real property in McDuffie 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 105. That all or a portion of the above-described approximately 2.00 acre parcel of property 4590 JOURNAL OF THE SENATE may be conveyed by appropriate instrument to the McDuffie County Board of Commissioners in exchange for approximately 2.00 acres of land owned by the McDuffie County Board of Commissioners located on the Thomson-McDuffie County Airport for use as a site of Project No. DTAE 147, aircraft technology building for Augusta Technical College 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 106. That the authorization in this resolution to exchange the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 107. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange. SECTION 108. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 109. That custody of the above-described property shall remain in the Technical College System of Georgia until the property is conveyed. ARTICLE XIII SECTION 110. That the State of Georgia is the owner of the above-described Telfair County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 111. That the above-described approximately 5.078 acres of real property may be conveyed to the City of Milan 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 112. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 113. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance. FRIDAY, APRIL 3, 2009 4591 SECTION 114. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Telfair County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 115. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed. ARTICLE XIV SECTION 116. That the State of Georgia is the owner of the above-described real property in Early 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 117. That the above-described property, including any improvements except the TelTex system of the Early County Campus, may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Board of Regents of the University System of Georgia for the 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 118. That the authorization in this resolution to convey the above-described property shall expire five years after the date that this resolution becomes effective. SECTION 119. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 120. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Early County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 121. That custody of the above-described property shall remain in the Technical College System of Georgia, formerly known as the Georgia Department of Technical and Adult Education, until the property is conveyed. ARTICLE XV SECTION 122. That the State of Georgia is the owner of the above-described real property in Rabun 4592 JOURNAL OF THE SENATE County and that in all matters relating to the leasing of the approximately 0.057 of an acre of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 123. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the SouthernLINC for a period of ten ten years for a consideration of fair market value per year as determined by the State Properties Commission to be in the best interest of the State of Georgia to construct and maintain wireless communications services for Georgia Power Company and other state government services and a tower for same, 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 124. That the State of Georgia, acting by and through the State Properties Commission, is authorized to sublease the above-described real property to Northland Cable Properties, Inc., for a period of ten years, at any time cancelable during the term of the lease by either the Sublessee or the Lessor with 90 days notice from either party to the other, for a consideration of fair market value per year as determined by the State Properties Commission to be in the best interest of the State of Georgia to receive over the air/satellite broadcast signals and transmit a microwave signal from the site, 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 125. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease and sublease. SECTION 126. That the lease and the sublease shall each be recorded by the lessee and sublessee, respectively, in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 127. That the authorization to lease and sublease the above-described property to SouthernLINC and to Northland Cable Properties, Inc., respectively, shall expire three years after the date that this resolution becomes effective. ARTICLE XVI SECTION 128. That the State of Georgia is the owner of the above-described real property in Rabun FRIDAY, APRIL 3, 2009 4593 County and that in all matters relating to the leasing of the approximately 0.015 of an acre of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 129. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to Currahee Paging, Inc., for a period of ten years for a consideration of fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia, payable in advance for the term of the lease, 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 130. That any sublease of the property must be approved by the State Properties Commission, 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 131. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease and any sublease. SECTION 132. That the lease and any subleases shall be recorded by the lessee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 133. That the authorization to lease and sublease the above-described property to Currahee Paging, Inc., shall expire three years after the date that this resolution becomes effective. ARTICLE XVII SECTION 134. That the State of Georgia is the owner of the hereinafter described real property in Ware County, and the property is in the custody of the Georgia Forestry Commission hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 135. That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe Power Corporation, or its successors and assigns, a 75 year term conservation easement for the planting and maintenance of hardwood trees in various 4594 JOURNAL OF THE SENATE parcels totaling approximately 500 noncontiguous acres of Dixon Memorial State Forest that would not otherwise be replanted by the Georgia Forestry Commission together with the right of ingress and egress in, on, over, under, upon, across, or through adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes for the 75 year term of the conservation easement, provided that Oglethorpe Power Corporation will evenly split the value of any carbon sequestration credits with the Georgia Forestry Commission for 25 years after the commencement of a carbon sequestration credits regulation program. SECTION 136. Said easement area is located in Dixon Memorial State Forest in Ware County, Georgia, and is more particularly described as follows: That portion and that portion only shown as parcels marked in red to indicate the approximately 219 acre first phase of such tree plantings and in blue to indicate the approximately 276 acre second phase of such tree plantings on a 3 sheet drawing prepared by Environmental Services, Inc., of Savannah, Georgia dated November, 2008, and accompanying GPS coordinates for each parcel and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 137. That the above-described premises may be open to the general public at the discretion of the Georgia Forestry Commission and shall be used solely for the purpose of protecting and maintaining the hardwood trees for potential carbon sequestration credit values of the conservation easement area. SECTION 138. That no title shall be conveyed to Oglethorpe Power Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation. SECTION 139. 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 3, 2009 4595 SECTION 140. That the easement granted to Oglethorpe Power Corporation 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 141. 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 142. That this grant of easement shall be recorded by the Grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 143. That the authorization in this resolution to grant the above-described easement to Oglethorpe Power Corporation shall expire five years after the date that this resolution becomes effective. SECTION 144. 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 XVIII SECTION 145. That the State of Georgia is the owner of the above-described real property located in Baldwin County and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 146. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the selected vendor for a period of 25 years, with a one-year lease with 24 one-year renewals for a consideration of $10.00 to construct and maintain a prison, as long as the property is leased for public purpose, 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 147. That the State Properties Commission is authorized and empowered to do all acts and 4596 JOURNAL OF THE SENATE things necessary and proper to effect such lease including the execution of all necessary documents. SECTION 148. That the lease shall be recorded by the lessee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 149. That the authorization to lease the above-described property shall expire four years after the date that this resolution becomes effective. ARTICLE XIX SECTION 150. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. SECTION 151. 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 294. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Douglas Fort Y Goggans Golden Grant Y Hamrick Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones E Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) FRIDAY, APRIL 3, 2009 4597 On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 294. The following bill was taken up to consider House action thereto: HB 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide 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 514. The consent was granted, and the Senate insisted on its substitute to HB 514. The following bill was taken up to consider House action thereto: HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Hamrick of the 30th asked unanimous consent that the Senate insist on its substitute to HB 16. The consent was granted, and the Senate insisted on its substitute to HB 16. The following message was received from the House through Mr. Rivers, the Clerk thereof: 4598 JOURNAL OF THE SENATE Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 2. By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 549. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; 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 amending the following Bill of the Senate: SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th: 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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Brown of the 26th Golden of the 8th FRIDAY, APRIL 3, 2009 4599 The following bill was taken up to consider House action thereto: SB 104. By Senators Wiles of the 37th, Thomas of the 54th and Unterman of the 45th: 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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to provide the Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; to provide for related matters; to provide for a contingent 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 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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to change the requirements relating to consulting physicians; to require certain information be provided as part of informed consent; to provide the Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; 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 43-34-242, relating to definitions relative to cosmetic laser services, as follows: "43-34-242. As used in this article, the term: (1) 'Board' means the Composite State Board of Medical Examiners created by Code Section 43-34-21. (2) 'Consulting physician' means a person licensed to practice medicine under Article 2 of this chapter and: 4600 JOURNAL OF THE SENATE (A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the facility with whom he or she has an agreement to provide services in accordance with Code Section 43-34-248. (3) 'Consumer' means a person on whom cosmetic laser services are or are to be performed. (4) 'Cosmetic laser practitioner' means a person licensed under this article to provide cosmetic laser services as defined in this article and whose license is in good standing. (5) 'Cosmetic laser services' means nonablative elective cosmetic light based skin care, photo rejuvenation, or hair removal using lasers and or pulsed light devices approved by the United States Food and Drug Administration for noninvasive procedures. Such services and the provision thereof shall not be considered to be the practice of medicine. (6) 'Facility' means any location, place, area, structure, office, institution, or business or a part thereof in which is performed or provided cosmetic laser services regardless of whether a fee is charged for such services. (7) 'License' means a valid and current certificate of registration issued by the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (8) 'Licensee' means any person holding a license under this article. (9) 'Medical practitioner' means a registered professional nurse, licensed practical nurse, nurse practitioner, physician's assistant, or physician. (10) 'Nurse' means a registered professional nurse, licensed practical nurse, or nurse practitioner. (11) 'Person' means a natural person." SECTION 2. Said article is further amended by revising Code Section 43-34-244, relating to two levels of licenses 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 physician's assistant, licensed practical nurse, 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 FRIDAY, APRIL 3, 2009 4601 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 on-site 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 physician's 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 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. 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 nine months of the effective date of this article and presents proof that he or she: (1) 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 (2) Has received at least two 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. (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 4602 JOURNAL OF THE SENATE 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 3. 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 other than hair removal using lasers or pulsed light devices 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 other than hair removal using lasers or pulsed light devices being performed; provided, however, that a consulting physician may delegate the authority to perform such examination to a physician's assistant who is a licensed cosmetic laser practitioner, in accordance with a job description approved by the board, or to a registered professional nurse who is also an advanced practice registered nurse as defined in paragraph (1.1) of Code Section 43-26-3 and who is a licensed cosmetic laser practitioner, pursuant to a protocol approved by the board; and provided, further, that in facilities subject to the provisions of Code Section 43-34-249.1 such delegation may be to: (A) a physician's assistant who is not required to be a licensed cosmetic laser practitioner, in accordance with a job description approved by the board; or (B) a registered professional nurse who is also an advanced practice registered nurse who is not required to be a licensed cosmetic laser practitioner, in accordance with a protocol approved by the board; 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 other than hair removal using lasers or pulsed light devices shall have a supervisor present at the facility or immediately available for consultation and supervision either personally or via telecommunications. The supervisor shall supervise the performance of all cosmetic laser services performed by a person other than the consulting physician. The 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 other than hair removal using lasers or pulsed light devices shall post a sign listing the consulting physician's name, FRIDAY, APRIL 3, 2009 4603 emergency contact number, his or her board certification and specialty, and the address of his or her principal place of practice, 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 person's name, emergency contact number, his or her degrees and qualifications, and the type of cosmetic laser practitioner license held." SECTION 4. 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 customer's 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, degrees and qualifications held by, and type of license licenses obtained by the individual who will be performing the cosmetic laser service has obtained;, and with respect to cosmetic laser services other than hair removal, 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) With respect to cosmetic laser services other than hair removal, the emergency contact information for the consulting physician and the address of his or her principal place of practice. (a.1) After receiving each cosmetic laser service other than hair removal, 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 consumer's 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 practitioner who fails to comply with this Code section. 4604 JOURNAL OF THE SENATE (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 5. Said article is further amended by adding a new Code section to read as follows: "43-34-249.1. The board shall have the authority to waive the requirements of subsection (c) of Code Section 43-34-248 and paragraph (5) of subsection (a) of Code Section 43-34-249 for facilities offering cosmetic laser services which serve as a principal place of practice at which a physician regularly sees patients if medical services are regularly performed at such facilities. For purposes of this Code section, 'medical services' shall mean the general and usual services and care rendered and administered by a physician." SECTION 6. 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 and specialized in a field with expertise in the biologic behavior of the skin. 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 7. 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 8. 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 104. FRIDAY, APRIL 3, 2009 4605 On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour E Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans E Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson,L Jackson,W Y Johnson Y Jones E Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 104. The President resumed the Chair. The following bill was taken up to consider the Conference Committee Report thereto: HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as 4606 JOURNAL OF THE SENATE to provide for a graduated elimination of the corporate income tax; to provide for other 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 481 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 481 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Rogers of the 21st /s/ Senator Chance of the 16th /s/ Senator Seabaugh of the 28th /s/ Representative O'Neal of the 146th /s/ Representative Graves of the 12th /s/ Representative Scott of the 2nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 481 A BILL TO BE ENTITLED AN ACT To enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide that a portion of net long-term capital gains shall be excluded from state taxable income of corporations and individuals; to provide for credits against state income tax for employers employing certain previously unemployed persons; to eliminate the requirement for dealers to make returns and remittances with respect to estimated sales and use tax liability; to eliminate the corporate net worth tax; to provide for other 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, APRIL 3, 2009 4607 SECTION 1. This Act shall be known and may be cited as the "Jobs, Opportunity, and Business Success Act of 2009." SECTION 2. 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 fees for filings related to business corporations, as follows: "14-2-122. (a) 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 (5) Agent's statement of resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (6) Certificate of judicial dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Articles of dissolution or intent to dissolve . . . . . . . . . . . . . . . . . . . . . . . . No fee (8) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (9) Application for reservation of a corporate name. . . . . . . . . . . . . . . . . . . . 25.00 (10) Civil penalty for a foreign corporation transacting business in this state without a certificate of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (11) Statement of change of address of registered agent...$5.00 per corporation but not less than. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (12) Application for reinstatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (13) Certificate of conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.00 (14) Any other document required or permitted to be filed by this chapter . . 20.00 (b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings." SECTION 3. Said Title 14 is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited partnerships, as follows: 4608 JOURNAL OF THE SENATE "14-9-1101. (a) The Secretary of State shall charge and collect for filing: Document Fee (1) A certificate of limited partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 (2) A registration of a foreign limited partnership . . . . . . . . . . . . . . . . . . . . . 225.00 (3) An annual registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 (4) Penalty for late filing of annual registration . . . . . . . . . . . . . . . . . . . . . . . 25.00 (5) Agent's statement of resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (6) Certificate of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (8) Statement of change of address of registered agent or registered office... $5.00 per limited partnership but not less than . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (9) An amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (10) Certificate of election to become a limited partnership . . . . . . . . . . . . . . 80.00 (11) Certificate of conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.00 (12) Application for reservation of a name . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (13) Any other document required or permitted pursuant to this chapter . . . . 20.00 (b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings." SECTION 4. Said Title 14 is further amended by revising Code Section 14-11-1101, relating to fees for filings related to limited liability companies, as follows: "14-11-1101. (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 FRIDAY, APRIL 3, 2009 4609 (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. . . . . . . . . . . . . . . . . . . . No Fee (7) Certificate of termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Fee (8) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (9) Articles of correction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (10) Application for reservation of a name . . . . . . . . . . . . . . . . . . . . . . . 25.00 (11) Statement of change of registered office or registered agent...$5.00 per limited liability company (foreign or domestic), but not less than . . . 20.00 (12) Registered agent's statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11703. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (13) Certificate of judicial dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (14) Annual registration (foreign or domestic) . . . . . . . . . . . . . . . . . . . . 30.00 (15) Penalty for late filing of annual registration . . . . . . . . . . . . . . . . . . . 25.00 (16) Reinstatement fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (17) Any other document required or permitted to be filed by this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 20.00 (18) Certificate of conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.00 (b) The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section 14-11-711. (c) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (5) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings." SECTION 5. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-8-156, relating to the State-wide Reserve ratio and reduction in tax rate, by adding a new subsection as follows: "(g)(1) The Commissioner shall make an expedited request within 15 days of the effective date of this Act for a determination by the United States secretary of labor 4610 JOURNAL OF THE SENATE that implementation of paragraph (3) of this subsection is in conformity with federal law. If the United States secretary of labor determines that paragraph (3) of this subsection is not in conformity with federal law and cannot be adjusted procedurally by the Commissioner pursuant to Code Section 34-8-93 pending action of the General Assembly to bring about conformity with federal law, paragraph (3) of this subsection shall not become effective. Upon such determination the Commissioner shall take all necessary steps to obtain a waiver of conformity with federal law from the United States secretary of labor. If such waiver is granted, paragraph (3) of this subsection shall become effective immediately. If the United States secretary of labor determines that paragraph (3) of this subsection could be implemented in conformity with federal law if procedurally adjusted by the Commissioner, the Commissioner shall exercise the authority granted under Code Section 34-8-93 to make such adjustments and paragraph (3) of this subsection shall become effective immediately following such adjustment. If the United States secretary of labor determines that paragraph (3) of this subsection is in conformity with federal law, paragraph (3) of this subsection shall become effective immediately. (2) In the event paragraph (3) of this subsection becomes effective, it shall not be implemented unless the Commissioner determines that the employer contribution and reimbursement liability shall not increase as a result of such implementation. (3) If this paragraph becomes effective, for calendar quarters beginning on or after July 1, 2009, there shall be a credit to be known as the Georgia Works Tax Credit. The amount of the credit shall be not less than $25.00 and not more than $125.00 per individual employee per calendar quarter, as further described in this subsection. The determination of the amount of the credit, within the permissible range, shall be made and periodically revised by the Commissioner based on the Commissioner's evaluation of conditions in the Georgia labor market, the state of the economy, and the State-wide Reserve Ratio. The credit may be claimed by an employer for up to four calendar quarters with respect to an individual hired by that employer for services to be performed in this state under the following conditions: (A) Such individual: (i) Has filed a claim for unemployment compensation in this state and is currently receiving weekly unemployment compensation benefits on that claim under the provisions of Article 7 of this chapter and such benefits are chargeable to the experience rating account of an employer under Code Section 34-8-157; (ii) Has been profiled by the department as likely to exhaust benefits; (iii) Has no return to work date or promise of future employment; and (iv) Has at least eight weeks of benefit eligibility remaining on his or her current claim at the time the employer hires the individual; (B) The credit for each such hired individual per calendar quarter may be claimed on the reports required to be filed under Code Section 34-8-165 as a reduction from amounts otherwise due with respect to each of the four calendar quarters immediately following the hire date of the individual; provided, however, that the credit may not be claimed for any hired individual with respect to more than one FRIDAY, APRIL 3, 2009 4611 hiring by the employer claiming the credit or for more than four calendar quarters with respect to that one hiring; (C) For each calendar quarter for which the credit is claimed, such individual shall be continuously employed by the employer claiming the credit, and such individual's employment with that employer shall consist of at least 30 hours per week during each week of that calendar quarter; (D) The credit shall be timely claimed for the calendar quarter to which the credit is applicable, and in no event later than the last day of the reporting month following the end of the calendar quarter to which the credit is applicable. The credit shall not be refundable. The credit cannot reduce tax liability below zero; provided, however, that the credit, if properly and timely claimed, may be carried forward and applied against contributions due in any subsequent calendar quarter in the same calendar year as claimed. Any unused credit remaining at the end of a calendar year may not be carried forward to another calendar year and shall be deemed to have expired; and (E) No credit shall be claimed or taken by any employer who fails to timely file any report or to timely pay all amounts otherwise due for all calendar quarters during the calendar year for which the credit is claimed. In the event an employer has claimed a credit under this Code section and fails to timely file any report or to timely pay all amounts otherwise due during the year the credit is claimed, the amount of any credits claimed with respect to the calendar year shall be canceled and become delinquent as of the date originally due under Code Section 34-8-165 and subject to all the provisions of this article as if no credit had ever been available or claimed." SECTION 6. Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended in Code Section 48-7-21, relating to taxation of corporations, by adding at the end of subsection (b) a new paragraph (16) to read as follows: "(16)(A) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, there shall be subtracted from taxable income an amount equal to 25 percent of the total net amount of long-term capital gains subject to federal income taxation. (B) For all taxable years beginning on or after January 1, 2011, there shall be subtracted from taxable income an amount equal to 50 percent of the total net amount of long-term capital gains subject to federal income taxation." SECTION 7. Said Title 48 is further amended in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income of individuals, by deleting "and" at the end of paragraph (14); replacing the period at the end of paragraph (15) with "; and"; and adding a new paragraph (16) to read as follows: "(16)(A) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, an amount equal to 25 percent of the total net amount of long-term 4612 JOURNAL OF THE SENATE capital gains subject to federal income taxation. (B) For all taxable years beginning on or after January 1, 2011, an amount equal to 50 percent of the total net amount of long-term capital gains subject to federal income taxation." SECTION 8. Said Title 48 is further amended by adding a new Code section as follows: "48-7-29.17. (a) As used in this Code section, the term 'creditable employee' means an employee of an employer who: (1) Is first employed by the employer on or after the effective date of this Code section and prior to July 1, 2010; (2) Was unemployed at least four weeks immediately prior to becoming so employed; (3) Remains so employed by the employer for at least 24 consecutive months; (4) Executes and provides a notarized affidavit swearing or affirming that such employee is eligible to work in the United States because such person is either a United States citizen or a lawfully present alien according to federal law; and (5) During the entire period of such employment receives monthly compensation in an amount at least equal to the average monthly employment compensation benefit paid to persons receiving employment compensation benefits in this state. (b) An employer who has one or more creditable employees and who provides a notarized affidavit attesting to use of the federal employment verification system now known as 'E-Verify' or any future federal employment verification system shall be eligible to apply for and receive a credit against taxes imposed under this chapter. The amount of the credit shall be $2,400.00 for each creditable employee. Eligibility for the credit shall be established as of the time the creditable employee completes 24 consecutive months of employment; and the credit shall be claimed for the taxable year in which the twenty-fourth month of such employment is completed. (c) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding two years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (d) The credit shall be claimed and granted in such manner as shall be specified by rules adopted by the commissioner; and such rules shall specifically provide for the manner of establishing the qualifying status of unemployment of the employee prior to employment. The average monthly employment security benefit shall be computed on a monthly basis by the Commissioner of Labor. (e) For the purpose of determining whether an employee is employed by the employer under subsection (a) of this Code section, employment may include up to 13 weeks continuous prior service for the employer as a temporary employee of a staffing firm. As used in this Code section, staffing firm means an organization that hires its own FRIDAY, APRIL 3, 2009 4613 employees and assigns them to a client to support or supplement the client's work force in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects." SECTION 9. Said Title 48 is further amended in Code Section 48-8-49, relating to dealers' sales and use tax returns, by revising subsection (b) as follows: "(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year. (2)(A) If the estimated tax liability of a dealer for any taxable period prior to January 1, 2010, exceeds $5,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection subparagraph shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $5,000.00 per month for three consecutive months or more nor shall this subsection subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability. (B) If the estimated tax liability of a dealer for any taxable period on or after January 1, 2010, and prior to January 1, 2011, exceeds $10,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subparagraph shall not apply to any dealer unless during the previous calendar year the dealer's monthly payments exceeded $10,000.00 per month for three consecutive months or more nor shall this subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. This paragraph shall cease to apply to a dealer if such dealer falls below the threshold specified in this subparagraph. No local sales taxes shall be included in determining any estimated tax liability. (C) If the estimated tax liability of a dealer for any taxable period on or after January 1, 2011, and prior to January 1, 2012, exceeds $20,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subparagraph shall not apply to any dealer unless during the previous calendar 4614 JOURNAL OF THE SENATE year the dealer's monthly payments exceeded $20,000.00 per month for three consecutive months or more nor shall this subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. This paragraph shall cease to apply to a dealer if such dealer falls below the threshold specified in this subparagraph. No local sales taxes shall be included in determining any estimated tax liability. (D) If the estimated tax liability of a dealer for any taxable period on or after January 1, 2012, and prior to January 1, 2013, exceeds $40,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subparagraph shall not apply to any dealer unless during the previous calendar year the dealer's monthly payments exceeded $40,000.00 per month for three consecutive months or more nor shall this subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. This paragraph shall cease to apply to a dealer if such dealer falls below the threshold specified in this subparagraph. No local sales taxes shall be included in determining any estimated tax liability. (E) For any taxable period on or after January 1, 2013, a dealer shall not be required to file a return and remit to the commissioner any estimated tax liability and shall be issued a refund check by the commissioner for the amount of any estimated tax liability which has been remitted and has not been credited against the amount due on the dealer's return under subsection (a) of this Code section. (3) A dealer who in any month does not meet the applicable threshold under subparagraph (A), (B), (C), or (D) of paragraph (2) of this subsection shall be issued a refund check by the commissioner for the amount of any estimated tax liability which has been remitted and has not been credited against the amount due on the dealer's return under subsection (a) of this Code section within 30 days of the determination that such dealer is below such threshold. Prior to or in conjunction with the mailing of such refund check, the commissioner shall mail the dealer the following notice: 'Dear Georgia business owner, This is a refund of your sales tax deposit, which is returned to you in compliance with the Jobs, Opportunity, and Business Success Act of 2009 (J.O.B.S). The Georgia State House and State Senate passed and the Governor signed the J.O.B.S. Act (O.C.G.A. 48-8-49) believing that entrepreneurs and business owners, not government, are best equipped to create jobs and sustainable economic growth for Georgia. FRIDAY, APRIL 3, 2009 4615 We appreciate your efforts to create true economic stimulus for our great state. Thank you! Georgia General Assembly'" SECTION 10. Said Title 48 is further amended by revising Article 4, relating to the corporate net worth tax, in its entirety as follows: "ARTICLE 4 48-13-70. (a) On and after January 1, 2010, there shall be no corporate net worth taxes whatsoever levied or collected under this article and no corporate net worth returns are required. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the enactment of this revised article and shall continue to be governed by the provisions of this article as it existed immediately prior to the effective date of this Act." SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: SUBJECT: FISCAL ANALYSIS FOR LC 18 8416ERS Analysis by: Ken Heaghney Fiscal Research Center Andrew Young School of Policy Studies Georgia State University Apr. 3, 2009 Draft 4616 JOURNAL OF THE SENATE Sections 2, 3, and 4 would temporarily suspend collections of certain fees for filings with the Secretary of State related to business corporations. Section 5 would provide a credit to employers who hire workers that were unemployed and receiving unemployment insurance benefits. This credit would be against the employer's unemployment insurance tax obligations. Section 6 and 7 would reduce the amount of long-term capital gains received by corporations and individuals subject to tax. Section 8 would provide a tax credit for employers that hire workers who were unemployed for a minimum of 4 weeks provided the employee remains so employed for at least 24 consecutive months and during the entire period of such employment receives average monthly compensation at least equal to the average monthly employment compensation benefits in the state. Section 9 would phase out the requirement that certain dealers remit sales and use tax that includes estimated tax liability. Section 10 would eliminate the corporate net worth tax. Sections 2, 3 and 4 would suspend collection of filing fees for articles of incorporation, certificates of authority, certificate of limited partnership, and registrations of foreign limited partnerships. This suspension would last from July 1, 2009 through June 30, 2010. Based on data on the number of such entities formed in FY 2008, the estimated revenue loss in FY 2010 from suspending collection of these fees would be $9.1 million. Section 5 would create a credit against employer's unemployment insurance tax obligations. The credit would be for employees who were first employed beginning on July 1, 2009. To be eligible, the employee would have to be receiving unemployment benefits, have at least 8 weeks of benefits remaining and be certified as likely to exhaust benefits and have no return to work date. The credit is a minimum of $25 per quarter or a maximum of $125 per quarter for up to four quarters. The credit has no expiration date; the original legislation provided that hiring had to occur prior to July 1, 2010. To estimate the impact of this section, data on employment, unemployment and labor turnover were used. Bureau of Labor Statistics data on job hire rates, job quit rates and layoffs & discharges for the South Census Region were used to estimate the job turnover activity in Georgia. This data indicates that approximately 77,300 workers are hired each month in Georgia. Offsetting this, approximately 130,200 workers quit employment or are laid off or discharged from their employment each month. The difference between these activities was then added to the total number of unemployed in Georgia. US data on the duration of unemployment indicates that approximately 75% of the current unemployed would meet the unemployment duration standards of the bill. This means that approximately 56% of the pool of available workers are eligible workers for the credit. This hiring pool consists of the currently unemployed and the newly laid off, discharged or those who have quit work. It was assumed that the various labor market parameters used are static over the period of analysis. It is expected that hire rates will increase over time as the economy bottoms and then recovers and that layoff rates would decrease as the economy stabilizes. In FRIDAY, APRIL 3, 2009 4617 addition, unemployment is a lagging indicator of economic growth so that the number of those unemployed more than 60 days is likely to grow at least into the early months of calendar year 2010. All these factors suggest that holding these parameters static likely underestimates the number of creditable workers hired during the early part of the effective period. If so, the resulting revenue loss will be higher than estimate during the start of the credit. However, one potentially offsetting factor is that those quitting employment may already have new employment lined up so that the percentage of new hires represented by workers that are unemployed for 60 days or more may be overstated. This would tend to lower the revenue loss. However, no data is available to measure this. Using these data and assumptions, approximately 58,200 creditable employees would be hired per month based on December 2008 labor market activity. It is further assumed that approximately 1.3% of these workers would quit per month. Assuming the maximum credit of $125 per quarter per eligible employee, the decrease in contributions to the unemployment insurance fund would be approximately $171.7 million in FY 2010 and $269.4 million in FY 2011. Note that to the extent that the credit stimulates additional employment, there would be an offsetting reduction in employment benefits paid out of the fund since some unemployed workers will be removed from the unemployment rolls and no longer receive payments. However, in practice, job turnover is continual and a large number of workers are hired, discharged or quit each month with some portion of the new hires coming off unemployment benefits and some portion of newly discharged workers beginning to receive unemployment benefits. This credit would reduce payouts from the trust fund only to the extent that it increases overall employment. The amount of the credit relative to median compensation levels is small so that it is reasonable to assume that the credit will cause an increase of 1% in the number of workers hired. It is further assumed that these incremental workers remain employed for 6 months or until the incentive to have them on the payroll disappears. Based on these assumptions, payment from the trust fund would be reduced by $56.3 million in FY 2010 and by $70.8 million in FY 2011. This calculation assumes that all workers would have received the maximum weekly benefit amount paid by the Georgia Department of Labor. Sections 6 and 7 would reduce the amount of long-term capital gains that would be subject to the corporate and individual income taxes. An FRC report estimated that for 2003, capital gains accounted for approximately $1 billion in income tax revenue. While the current economic situation makes capital gains realization highly uncertain, this estimate is the latest estimate available. Based on this, income taxes would be expected to be reduced by $250 million in 2010 and $500 million in 2011. Section 8 would create an income tax credit for employers that hire one or more creditable employees. The credit amount is $2,400 per qualified employee. Creditable employees are defined to have been hired o or after July 1, 2009, to have been legal to 4618 JOURNAL OF THE SENATE work in the state and were unemployed for 4 weeks prior to being hired. The employee must remain employed for 24 consecutive months, and receive monthly compensation at least equal to the average monthly employment benefit compensation in Georgia. Analysis of this proposed section builds off the analysis of Section 5 with adjustments made for differences in eligibility conditions. Approximately 75% of the unemployed have been unemployed for 5 weeks or fewer. Thus, it is assumed that60% of all hires are eligible to receive the credit. This means that the number of hires eligible per month is 46,300. The credit effectively reduces the wage costs of hiring a new qualified employee by $2,400. This is expected to speed up some hiring activity to take advantage of the credit. Based on median wages and the amount of the credit, it seems reasonable to assume that the impact is to increase the hiring of qualified workers by 1.5%. This increases the total number of initial qualified hires to 47,000 per month. After 24 months, the expected number of qualified workers remaining employed would be approximately hired per month would decrease to about 34,800 as attrition occurs due to workers quitting a job. This indicates that approximately $1.1 billion in credits would be created. It is uncertain how quickly employers could claim the credit since it is limited by the taxpayer's income tax liability. Any unused credit can be carried forward for use in the two succeeding tax years. The elasticity impact measures the additional workers hired solely due to the tax credit. These workers will generate individual income tax revenue and sales tax revenue that would not occur absent this credit. Assuming approximately $2,700 in annual income and sales tax revenue per incremental worker, the increase in tax revenue from the additional hiring would equal $20.5 million in FY 2010 and $34.9 million in FY 2011. Section 9 would phase out the requirement that dealers with monthly sales tax liability in excess of $5,000 file a return and remit any estimated tax liability for the taxable period. The Department of Revenue analyzed active sales tax accounts that remit estimated payments. Their analysis indicates that eliminating the requirement that dealers remit sales tax including estimated sales tax would result in a one-time reduction in sales tax revenues of $186 million. Because of time constraints, it is not possible to break this total into steps based on the schedule. Section 10 would eliminate the corporate net worth tax. This is expected to reduce revenue by approximately $35 million. Senator Seabaugh of the 28th moved the previous question. FRIDAY, APRIL 3, 2009 4619 Senator Orrock of the 36th objected. On the motion, a roll call was taken, and the vote was as follows: N Adelman Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas 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 Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey C Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton E Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson C Unterman Weber Y Wiles Y Williams On the motion, the yeas were 32, 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 481. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Rogers Y Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton E Stoner N Tarver 4620 JOURNAL OF THE SENATE Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey C Reed N Tate Y Thomas N Thompson,C N Thompson,S Tolleson C Unterman Weber Y Wiles Y Williams On the motion, the yeas were 34, nays 15; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 481. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bills of the House: HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 318. By Representatives McCall of the 30th and Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain FRIDAY, APRIL 3, 2009 4621 provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider the Conference Committee Report thereto: HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. The Conference Committee Report was as follows: The Committee of Conference on HB 119 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 119 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 4th /s/ Senator Rogers of the 21st /s/ Senator Williams of the 19th /s/ Representative Harbin of the 118th /s/ Representative Keen of the 179th /s/ Representative Burkhalter of the 50th 4622 JOURNAL OF THE SENATE CONFERENCE COMMITTEE SUBSTITUTE TO H.B.119 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010; 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, 2009, and ending June 30, 2010, as prescribed hereinafter for such fiscal year: HB 119 Gov Rev House Senate CC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Nursing Home Provider Fees Care Management Organization Fees TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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 $18,569,866,489 $18,569,866,489 $18,569,866,489 $18,569,866,489 $16,405,735,024 $16,405,735,024 $16,240,681,184 $16,240,681,184 $913,000,000 $913,000,000 $913,000,000 $913,000,000 $938,089,332 $938,089,332 $938,089,332 $938,089,332 $310,975,744 $310,975,744 $310,975,744 $310,975,744 $2,066,389 $2,066,389 $2,066,389 $2,066,389 $122,528,939 $122,528,939 $42,524,901 $42,524,901 $11,938,508,870 $12,666,830,500 $12,431,487,833 $12,523,037,571 $567,460,180 $648,284,541 $567,460,180 $661,430,468 $94,361,006 $94,361,006 $94,361,006 $94,361,006 $88,352,867 $115,352,867 $136,014,978 $136,014,978 $13,130,623 $13,130,623 $13,130,623 $13,130,623 $17,397,861 $17,397,861 $17,397,861 $17,397,861 FRIDAY, APRIL 3, 2009 4623 Federal Funds Not Itemized $3,282,141,128 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,242,517,438 Foster Care Title IV-E CFDA93.658 $86,793,400 Low-Income Home Energy Assistance CFDA93.568 $24,906,536 Maternal & Child Health Services Block Grant CFDA93.994 $20,366,584 Medical Assistance Program CFDA93.778 $5,694,839,245 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $59,700,314 Preventive Health & Health Services Block Grant CFDA93.991 $4,404,431 Social Services Block Grant CFDA93.667 $54,994,483 State Children's Insurance Program CFDA93.767 $277,670,029 Temporary Assistance for Needy Families $372,124,209 Temporary Assistance for Needy Families Grant CFDA93.558 $346,324,209 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 TANF Unobligated Balance per 42 USC 604 $37,348,536 TOTAL AGENCY FUNDS $4,156,789,378 Contributions, Donations, and Forfeitures $47,279,570 TANF Maintenance-of-Effort from External Sources $28,000,000 Contributions, Donations, and Forfeitures Not Itemized $19,279,570 Reserved Fund Balances $30,991,249 Reserved Fund Balances Not Itemized $30,991,249 Interest and Investment Income $5,062,984 Interest and Investment Income Not Itemized $5,062,984 Intergovernmental Transfers $1,970,243,339 Hospital Authorities $214,057,828 Provider Fee Transfers from Dept of Community Health Intergovernmental Transfers Not Itemized $1,756,185,511 Rebates, Refunds, and Reimbursements $95,634,744 Rebates, Refunds, and Reimbursements Not Itemized $95,634,744 Royalties and Rents $3,689,716 Royalties and Rents Not Itemized $3,689,716 Sales and Services $2,002,598,179 Record Center Storage Fees $435,771 Sales and Services Not Itemized $2,002,162,408 $3,300,286,128 $1,242,517,438 $100,679,167 $24,906,536 $20,366,584 $6,242,578,982 $59,700,314 $4,404,431 $54,994,483 $318,396,794 $372,124,209 $346,324,209 $25,800,000 $37,348,536 $4,150,767,018 $47,279,570 $28,000,000 $19,279,570 $27,159,994 $27,159,994 $5,062,984 $5,062,984 $1,973,496,014 $214,057,828 $3,077,675 $1,756,360,511 $95,264,744 $95,264,744 $3,689,716 $3,689,716 $1,997,524,399 $435,771 $1,997,088,628 $3,303,482,450 $1,242,517,438 $87,079,167 $24,906,536 $20,366,584 $6,087,672,664 $59,700,314 $4,404,431 $54,994,483 $312,625,625 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,157,105,068 $47,279,570 $28,000,000 $19,279,570 $19,294,207 $19,294,207 $5,062,984 $5,062,984 $1,966,197,492 $214,057,828 $1,752,139,664 $95,264,744 $95,264,744 $3,599,210 $3,599,210 $2,007,553,569 $435,771 $2,007,117,798 $3,303,537,988 $1,242,517,438 $87,079,167 $24,906,536 $20,366,584 $6,085,196,576 $59,700,314 $4,404,431 $54,994,483 $312,625,625 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,324,027,824 $47,279,570 $28,000,000 $19,279,570 $190,810,005 $190,810,005 $5,062,984 $5,062,984 $1,966,197,492 $214,057,828 $1,752,139,664 $95,264,744 $95,264,744 $3,599,210 $3,599,210 $2,002,960,527 $435,771 $2,002,524,756 4624 JOURNAL OF THE SENATE 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 Grant to Local Educational Agencies CFDA84.010 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,289,597 $1,289,597 $12,853,292 $12,853,292 $1,289,597 $1,289,597 $12,853,292 $12,853,292 $3,345,663,334 $3,378,632,214 $3,203,553,286 $3,203,442,972 $3,320,807,891 $3,353,776,771 $3,185,597,843 $3,185,487,529 $10,286,033 $10,286,033 $10,286,033 $10,286,033 $608,684 $608,684 $608,684 $608,684 $7,962,621 $7,962,621 $8,069,802 $8,069,802 $657,795 $657,795 $657,795 $657,795 $2,798,987,329 $2,833,031,101 $2,664,744,992 $2,664,634,678 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $49,111,814 $49,111,814 $49,111,814 $49,111,814 $1,330,388 $1,330,388 $1,330,388 $1,330,388 $10,689,069 $9,614,177 $9,614,177 $9,614,177 $333,430 $333,430 $333,430 $333,430 $295,125 $295,125 $295,125 $295,125 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $20,369,650 $20,369,650 $20,369,650 $20,369,650 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $41,931,075 $41,931,075 $41,931,075 $41,931,075 $759,169 $759,169 $759,169 $759,169 $8,060,300 $8,060,300 $8,060,300 $8,060,300 $50,728,985 $50,728,985 $50,728,985 $50,728,985 $23,589,119 $23,589,119 $16,689,119 $16,689,119 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $703,693 $703,693 $703,693 $703,693 $110,351 $110,351 $110,351 $110,351 $8,615,946 $8,615,946 $8,615,946 $8,615,946 $4,237,381 $4,237,381 $4,237,381 $4,237,381 $6,900,000 $6,900,000 $1,219,621 $1,219,621 $1,219,621 $1,219,621 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $1,266,324 $34,665,164,737 $35,387,464,007 $35,158,459,390 $35,416,931,884 FRIDAY, APRIL 3, 2009 4625 Changes in Fund Availability TOTAL STATE FUNDS ($2,596,016,027) ($2,596,016,027) ($2,596,016,027) ($2,596,016,027) State General Funds ($2,674,694,556) ($2,674,694,556) ($2,839,748,396) ($2,839,748,396) State Motor Fuel Funds ($129,158,859) ($129,158,859) ($129,158,859) ($129,158,859) Lottery Proceeds $55,833,589 $55,833,589 $55,833,589 $55,833,589 Tobacco Settlement Funds $151,906,403 $151,906,403 $151,906,403 $151,906,403 Brain and Spinal Injury Trust Fund $97,396 $97,396 $97,396 $97,396 Nursing Home Provider Fees $122,528,939 $122,528,939 Care Management Organization Fees $42,524,901 $42,524,901 TOTAL FEDERAL FUNDS $819,510,265 $1,547,831,895 $1,312,489,228 $1,404,038,966 American Recovery and Reinvestment Act of 2009 $567,460,180 $648,284,541 $567,460,180 $661,430,468 CCDF Mandatory & Matching Funds CFDA93.596 ($285,841) ($285,841) ($285,841) ($285,841) Child Care & Development Block Grant CFDA93.575 ($72,752) $26,927,248 $47,589,359 $47,589,359 Community Services Block Grant CFDA93.569 ($11,323) ($11,323) ($11,323) ($11,323) Federal Funds Not Itemized ($15,255,536) $2,889,464 $6,085,786 $6,141,324 Foster Care Title IV-E CFDA93.658 ($950,500) $12,935,267 ($664,733) ($664,733) Low-Income Home Energy Assistance CFDA93.568 ($5,765) ($5,765) ($5,765) ($5,765) Maternal & Child Health Services Block Grant CFDA93.994 ($619,473) ($619,473) ($619,473) ($619,473) Medical Assistance Program CFDA93.778 $326,163,374 $873,903,111 $718,996,793 $716,520,705 Social Services Block Grant CFDA93.667 ($19,674) ($19,674) ($19,674) ($19,674) State Children's Insurance Program CFDA93.767 ($40,330,517) $396,248 ($5,374,921) ($5,374,921) Temporary Assistance for Needy Families $26,055,565 $26,055,565 $21,956,313 $21,956,313 Temporary Assistance for Needy Families Grant CFDA93.558 $24,355,565 $24,355,565 $20,256,313 $20,256,313 TANF Transfers to Child Care Development Fund per 42 USC 604 $1,700,000 $1,700,000 $1,700,000 $1,700,000 TANF Unobligated Balance per 42 USC 604 ($42,617,473) ($42,617,473) ($42,617,473) ($42,617,473) TOTAL AGENCY FUNDS ($251,619,057) ($257,641,417) ($251,303,367) ($84,380,611) Reserved Fund Balances ($235,672,921) ($239,504,176) ($247,369,963) ($75,854,165) Reserved Fund Balances Not Itemized ($235,672,921) ($239,504,176) ($247,369,963) ($75,854,165) Intergovernmental Transfers ($12,472,493) ($9,219,818) ($16,518,340) ($16,518,340) Provider Fee Transfers from Dept of Community Health $3,077,675 Intergovernmental Transfers Not Itemized ($12,472,493) ($12,297,493) ($16,518,340) ($16,518,340) Rebates, Refunds, and Reimbursements $51,000 ($319,000) ($319,000) ($319,000) Rebates, Refunds, and Reimbursements Not Itemized $51,000 ($319,000) ($319,000) ($319,000) 4626 JOURNAL OF THE SENATE 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 Property Insurance Funds Retirement Payments Workers Compensation Funds Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS Section 1: Georgia Senate ($2,751,287) ($2,751,287) ($2,841,793) ($2,841,793) ($2,751,287) ($2,751,287) ($2,841,793) ($2,841,793) ($773,356) ($5,847,136) $4,182,034 ($411,008) ($773,356) ($5,847,136) $4,182,034 ($411,008) $11,563,695 $11,563,695 $11,563,695 $11,563,695 $97,839,189 $130,808,069 ($44,270,859) ($44,381,173) $97,804,108 $130,772,988 ($37,405,940) ($37,516,254) ($289,573) ($289,573) ($182,392) ($182,392) $102,276,151 $136,319,923 ($31,966,186) ($32,076,500) ($135,200) ($135,200) ($135,200) ($135,200) ($50,486) ($50,486) ($50,486) ($50,486) ($1,593,079) ($2,667,971) ($2,667,971) ($2,667,971) ($319,185) ($319,185) ($319,185) ($319,185) ($1,907,320) ($1,907,320) ($1,907,320) ($1,907,320) ($177,200) ($177,200) ($177,200) ($177,200) $35,081 $35,081 ($6,864,919) ($6,864,919) $35,081 $35,081 $35,081 $35,081 ($6,900,000) ($6,900,000) ($1,930,285,630) ($1,175,017,480) ($1,579,101,025) ($1,320,738,845) Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 $11,402,191 Section Total - Final $11,007,944 $10,271,420 $11,007,944 $10,271,420 $11,007,944 $10,271,420 $11,402,191 $11,402,191 $11,402,191 $10,513,575 $10,513,575 $10,513,575 $11,402,191 $11,402,191 $11,402,191 $10,513,575 $10,513,575 $10,513,575 FRIDAY, APRIL 3, 2009 4627 Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 $1,365,993 1.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($40,372) ($35,110) $0 $0 1.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,529) ($105,864) ($105,864) ($105,864) 1.100-Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) $1,312,092 $1,225,019 $1,260,129 $1,312,092 $1,225,019 $1,260,129 $1,312,092 $1,225,019 $1,260,129 $1,260,129 $1,260,129 $1,260,129 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS $1,334,397 $1,334,397 $1,334,397 $1,334,397 State General Funds $1,334,397 $1,334,397 $1,334,397 $1,334,397 TOTAL PUBLIC FUNDS $1,334,397 $1,334,397 $1,334,397 $1,334,397 2.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($27,502) ($23,429) $0 $0 2.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,515) ($104,472) ($104,472) ($104,472) 2.100-Secretary of the Senate's Office TOTAL STATE FUNDS Appropriation (HB 119) $1,293,380 $1,206,496 $1,229,925 $1,229,925 4628 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,293,380 $1,293,380 $1,206,496 $1,206,496 $1,229,925 $1,229,925 $1,229,925 $1,229,925 Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 $7,629,495 3.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($179,648) ($155,755) $0 $0 3.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($76,396) ($595,206) ($595,206) ($595,206) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) $7,373,451 $6,878,534 $7,034,289 $7,373,451 $6,878,534 $7,034,289 $7,373,451 $6,878,534 $7,034,289 $7,034,289 $7,034,289 $7,034,289 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 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 $1,072,306 4.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($32,703) ($27,861) $0 $0 FRIDAY, APRIL 3, 2009 4629 4.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($10,582) ($83,074) ($83,074) ($83,074) 4.100-Senate Budget and Evaluation Office Appropriation (HB 119) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,029,021 $961,371 $989,232 State General Funds $1,029,021 $961,371 $989,232 TOTAL PUBLIC FUNDS $1,029,021 $961,371 $989,232 $989,232 $989,232 $989,232 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $19,150,515 $17,868,850 $19,150,515 $17,868,850 $19,150,515 $17,868,850 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 $18,302,585 House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 $19,850,950 5.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($501,925) ($433,735) $0 $0 5.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($198,510) ($1,548,365) ($1,548,365) ($1,548,365) 4630 JOURNAL OF THE SENATE 5.100-House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) $19,150,515 $17,868,850 $18,302,585 $19,150,515 $17,868,850 $18,302,585 $19,150,515 $17,868,850 $18,302,585 $18,302,585 $18,302,585 $18,302,585 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 $10,479,449 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,200,607 $9,686,262 $10,200,607 $9,686,262 $10,200,607 $9,686,262 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 $9,836,665 Ancillary Activities Continuation Budget The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,728,361 $4,728,361 $4,728,361 $4,728,361 State General Funds $4,728,361 $4,728,361 $4,728,361 $4,728,361 TOTAL PUBLIC FUNDS $4,728,361 $4,728,361 $4,728,361 $4,728,361 6.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($78,655) ($28,872) $0 $0 6.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($47,358) ($375,410) ($375,410) ($375,410) 6.100-Ancillary Activities Appropriation (HB 119) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,602,348 $4,324,079 $4,352,951 $4,352,951 FRIDAY, APRIL 3, 2009 4631 State General Funds TOTAL PUBLIC FUNDS $4,602,348 $4,602,348 $4,324,079 $4,324,079 $4,352,951 $4,352,951 $4,352,951 $4,352,951 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 $2,646,281 $2,646,281 $2,646,281 $2,646,281 State General Funds $2,646,281 $2,646,281 $2,646,281 $2,646,281 TOTAL PUBLIC FUNDS $2,646,281 $2,646,281 $2,646,281 $2,646,281 7.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($44,019) ($36,951) $0 $0 7.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($26,504) ($208,044) ($208,044) ($208,044) 7.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $185,620 $185,620 $185,620 7.4 Reduce merit system assessments from $147 to $137 per position. State General Funds ($4,940) ($4,940) ($4,940) 7.100-Legislative Fiscal Office Appropriation (HB 119) 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 $2,575,758 $2,581,966 $2,618,917 $2,618,917 State General Funds $2,575,758 $2,581,966 $2,618,917 $2,618,917 TOTAL PUBLIC FUNDS $2,575,758 $2,581,966 $2,618,917 $2,618,917 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. 4632 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 $3,104,807 8.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($51,374) ($84,580) $0 $0 8.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($30,932) ($240,010) ($240,010) ($240,010) 8.100-Office of Legislative Counsel Appropriation (HB 119) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,022,501 $2,780,217 $2,864,797 $2,864,797 State General Funds $3,022,501 $2,780,217 $2,864,797 $2,864,797 TOTAL PUBLIC FUNDS $3,022,501 $2,780,217 $2,864,797 $2,864,797 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 $35,427,174 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $31,754,444 $31,679,619 $31,754,444 $31,679,619 $31,754,444 $31,679,619 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 $32,380,418 Audit and Assurance Services Continuation Budget The purpose of this appropriation is to provide financial, performance, and information system audits. TOTAL STATE FUNDS $31,283,984 $31,283,984 $31,283,984 $31,283,984 FRIDAY, APRIL 3, 2009 4633 State General Funds TOTAL PUBLIC FUNDS 9.1 Reduce funds from personnel. $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 $31,283,984 State General Funds ($1,453,366) ($1,345,577) ($1,345,577) ($1,345,577) 9.2 Reduce funds received in HB990 (FY09G) to develop an auditing function for funding formulas and program inputs to include all education agencies. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 9.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,051,234) ($908,417) $0 $0 9.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($296,066) ($296,066) ($568,534) ($568,534) 9.5 Defer the FY09 cost of living adjustment. State General Funds ($203,707) ($203,707) ($203,707) 9.99 CC: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. Senate: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. State General Funds $0 $0 4634 JOURNAL OF THE SENATE 9.100-Audit and Assurance Services Appropriation (HB 119) The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non- profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $27,983,318 $28,030,217 $28,666,166 $28,666,166 State General Funds $27,983,318 $28,030,217 $28,666,166 $28,666,166 TOTAL PUBLIC FUNDS $27,983,318 $28,030,217 $28,666,166 $28,666,166 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 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 $1,729,799 10.1 Reduce funds from personnel. State General Funds ($53,671) ($62,149) ($62,149) ($62,149) 10.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($47,575) ($41,112) $0 $0 10.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,306) ($13,306) ($23,361) ($23,361) 10.4 Defer the FY09 cost of living adjustment. State General Funds ($15,694) ($15,694) ($15,694) 10.5 Reduce merit system assessments from $147 to $137 per position. State General Funds ($3,580) ($3,580) ($3,580) FRIDAY, APRIL 3, 2009 4635 10.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,615,247 $1,593,958 $1,625,015 State General Funds $1,615,247 $1,593,958 $1,625,015 TOTAL PUBLIC FUNDS $1,615,247 $1,593,958 $1,625,015 $1,625,015 $1,625,015 $1,625,015 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 Reduce funds from personnel. $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 $123,743 State General Funds ($3,860) $0 $0 $0 11.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($3,758) ($3,247) $0 $0 11.3 Defer the FY09 cost of living adjustment. State General Funds ($860) ($860) ($860) 11.99 CC: The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures. Senate: The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures. State General Funds $0 $0 11.100-Legislative Services Appropriation (HB 119) The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and to prepare fiscal notes upon request on other legislation having a significant impact on state revenues 4636 JOURNAL OF THE SENATE and/or expenditures. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $116,125 $116,125 $116,125 $119,636 $119,636 $119,636 $122,883 $122,883 $122,883 $122,883 $122,883 $122,883 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 Reduce funds from personnel. $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 $2,289,648 State General Funds ($150,486) ($253,657) ($253,657) ($253,657) 12.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($76,122) ($65,780) $0 $0 12.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($23,286) ($23,286) ($58,520) ($58,520) 12.4 Defer the FY09 cost of living adjustment. State General Funds ($11,117) ($11,117) ($11,117) 12.99 CC: 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 and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment for centrally assessed public utility companies. Senate: 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 and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment FRIDAY, APRIL 3, 2009 4637 for centrally assessed public utility companies. State General Funds $0 $0 12.100-Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 119) 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 and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment for centrally assessed public utility companies. TOTAL STATE FUNDS $2,039,754 $1,935,808 $1,966,354 $1,966,354 State General Funds $2,039,754 $1,935,808 $1,966,354 $1,966,354 TOTAL PUBLIC FUNDS $2,039,754 $1,935,808 $1,966,354 $1,966,354 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 $14,744,435 $14,744,435 $150,000 $150,000 $14,894,435 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $13,127,944 $13,167,528 $13,127,944 $13,167,528 $150,000 $150,000 $150,000 $150,000 $13,277,944 $13,317,528 $13,452,235 $13,452,235 $150,000 $150,000 $13,602,235 $13,452,235 $13,452,235 $150,000 $150,000 $13,602,235 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 $14,744,435 $14,744,435 $14,744,435 $14,744,435 $14,744,435 $14,744,435 $14,744,435 $14,744,435 4638 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 13.1 Defer the FY09 cost of living adjustment. $150,000 $150,000 $150,000 $14,894,435 $150,000 $150,000 $150,000 $14,894,435 $150,000 $150,000 $150,000 $14,894,435 $150,000 $150,000 $150,000 $14,894,435 State General Funds ($159,151) ($159,151) ($159,151) ($159,151) 13.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($500,620) ($432,607) $0 $0 13.3 Reduce funds by eliminating nine filled support positions, not filling a vacant attorney position, and temporarily suspending the summer internship program. State General Funds ($615,362) ($615,362) ($615,362) ($615,362) 13.4 Reduce funds by delaying the printing of court rules, microfilm services, and equipment replacements. State General Funds ($193,311) ($193,311) ($193,311) ($193,311) 13.5 Reduce funds from the Westlaw contract and temporarily suspend online legal subscription services. State General Funds ($42,000) ($42,000) ($42,000) ($42,000) 13.6 Reduce funds received in HB990 (FY09G) to upgrade the court's docket system. State General Funds ($147,900) ($147,900) ($147,900) ($147,900) 13.7 Increase funds to purchase client licenses for the Novell Access Manager Security appliance that will be used to limit access to the court's e-filing and docket systems. State General Funds $27,500 $0 $0 $0 13.8 Increase funds to upgrade the docket system. [One-Time Change] State General Funds $147,900 $147,900 $0 $0 13.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($133,547) ($133,547) ($133,547) ($133,547) 13.10 Reduce merit system assessments from $147 to $137 per position. FRIDAY, APRIL 3, 2009 4639 State General Funds ($929) ($929) ($929) 13.99 CC: The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law. Senate: The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law. State General Funds $0 $0 13.100-Court of Appeals Appropriation (HB 119) The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law. TOTAL STATE FUNDS $13,127,944 $13,167,528 $13,452,235 $13,452,235 State General Funds $13,127,944 $13,167,528 $13,452,235 $13,452,235 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 $13,277,944 $13,317,528 $13,602,235 $13,602,235 Section 6: Judicial Council 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 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 $16,345,321 $16,345,321 $2,492,903 $2,492,903 $615,890 $615,890 $19,454,114 TOTAL STATE FUNDS State General Funds Section Total - Final $14,903,628 $15,063,392 $14,903,628 $15,063,392 $10,637,139 $10,637,139 $14,173,198 $14,173,198 4640 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $2,492,903 $2,492,903 $615,890 $615,890 $18,012,421 $2,492,903 $2,492,903 $615,890 $615,890 $18,172,185 $2,492,903 $2,492,903 $1,095,890 $1,095,890 $14,225,932 $2,492,903 $2,492,903 $615,890 $615,890 $17,281,991 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 Defer the FY09 cost of living adjustment. $196,638 $196,638 $172,890 $172,890 $172,890 $369,528 $196,638 $196,638 $172,890 $172,890 $172,890 $369,528 $196,638 $196,638 $172,890 $172,890 $172,890 $369,528 $196,638 $196,638 $172,890 $172,890 $172,890 $369,528 State General Funds ($3,117) ($3,117) ($3,117) ($3,117) 14.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($17,505) ($15,127) $0 $0 14.3 Reduce funds and the use of temporary professional employees to help with seasonal projects such as the annual report and trainings. State General Funds ($10,898) ($45,406) ($45,406) ($45,406) 14.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,707) ($1,707) ($1,707) ($1,707) 14.5 Reduce funds and become self sufficient. (CC:Reduce funds and work towards self-sufficiency through the design of a fee strategy) State General Funds ($146,408) ($73,204) FRIDAY, APRIL 3, 2009 4641 14.99 CC: The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness. Senate: The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness. State General Funds $0 $0 14.100-Georgia Office of Dispute Resolution Appropriation (HB 119) The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness. TOTAL STATE FUNDS $163,411 $131,281 $73,204 State General Funds $163,411 $131,281 $73,204 TOTAL AGENCY FUNDS $172,890 $172,890 $172,890 $172,890 Sales and Services $172,890 $172,890 $172,890 $172,890 Sales and Services Not Itemized $172,890 $172,890 $172,890 $172,890 TOTAL PUBLIC FUNDS $336,301 $304,171 $172,890 $246,094 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 Defer the FY09 cost of living adjustment. $1,298,000 $1,298,000 $177,500 $177,500 $177,500 $1,475,500 $1,298,000 $1,298,000 $177,500 $177,500 $177,500 $1,475,500 $1,298,000 $1,298,000 $177,500 $177,500 $177,500 $1,475,500 $1,298,000 $1,298,000 $177,500 $177,500 $177,500 $1,475,500 State General Funds ($6,105) ($6,105) ($6,105) ($6,105) 4642 JOURNAL OF THE SENATE 15.2 Reduce funds by freezing the vacant program support position for court administrative personnel training. (S and CC:Reduce funds received in HB990 (FY09G) to conduct a court administrators professional certification program) State General Funds ($40,000) ($40,000) ($77,296) ($77,296) 15.3 Reduce funds by instituting a moratorium on financial aid for nationally-based educational travel. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 15.4 Reduce funds by cancelling the 2009 Annual Conference for law clerks. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 15.5 Reduce funds by eliminating the design and delivery of the 2009 Leadership Academy. State General Funds ($12,514) ($12,514) ($12,514) ($12,514) 15.6 Increase funds for the training of new judges. State General Funds $10,000 $0 $0 $0 15.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,244) ($12,244) ($12,244) ($12,244) 15.8 Reduce funds by suspending the annual assessment fee for FY10. State General Funds ($50,000) ($50,000) 15.9 Reduce funds received in HB990 (FY09G) for magistrate court judicial educational products and services. (CC:Remaining funds are to be used for magistrate judicial training and materials only) State General Funds ($100,000) ($80,000) 15.10 Eliminate funds by charging judges and court personnel for the cost of their training. State General Funds ($1,014,841) $0 15.99 CC: The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel. Senate: The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel. State General Funds $0 $0 15.100-Institute of Continuing Judicial Education Appropriation (HB 119) The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court FRIDAY, APRIL 3, 2009 4643 Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel. TOTAL STATE FUNDS $1,212,137 $1,202,137 $1,034,841 State General Funds $1,212,137 $1,202,137 $1,034,841 TOTAL AGENCY FUNDS $177,500 $177,500 $177,500 $177,500 Sales and Services $177,500 $177,500 $177,500 $177,500 Sales and Services Not Itemized $177,500 $177,500 $177,500 $177,500 TOTAL PUBLIC FUNDS $1,389,637 $1,379,637 $177,500 $1,212,341 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 16.1 Defer the FY09 cost of living adjustment. $13,971,643 $13,971,643 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $16,730,046 $13,971,643 $13,971,643 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $16,730,046 $13,971,643 $13,971,643 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $16,730,046 $13,971,643 $13,971,643 $2,492,903 $2,492,903 $265,500 $265,500 $265,500 $16,730,046 State General Funds ($73,828) ($73,828) ($73,828) ($73,828) 16.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($229,198) ($198,060) $0 $0 16.3 Reduce funds from the Administrative Office of the Courts (AOC) by eliminating the contract for maintenance of the SUSTAIN Case Management software system. State General Funds ($250,000) $0 ($250,000) ($250,000) 16.4 Reduce funds from the AOC by freezing the following vacant positions: an administrative assistant in the General Counsel 4644 JOURNAL OF THE SENATE Division, a desktop administrator in the Technology Division, and a research position in the Research Division. State General Funds ($175,569) $0 ($175,569) ($175,569) 16.5 Reduce funds from the Council of State Court Judges (-$15,932), Council of Probate Court Judges (-$4,687), Council of Municipal Court Judges (-$1,140), Council of Magistrate Court Judges (-$11,935), and Council of Court Administrators ($286). State General Funds ($33,980) ($33,980) ($33,980) ($33,980) 16.6 Reduce funds and the amount of grants to be awarded to local drug courts. (S:Replace funds by charging drug court participants a supervision fee of $25 per month)(CC:Reduce funds by aggressively collecting supervision fees, adjusting fee structure and grant amounts) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($139,139) ($139,139) ($619,139) $480,000 ($139,139) ($439,139) $0 ($439,139) 16.7 Reduce funds from the Child Support Guidelines Commission by suspending all travel, printing, and publications for laminated bench cards and child support calculator worksheet guides, and meetings. State General Funds ($6,324) ($6,324) ($6,324) ($6,324) 16.8 Reduce funds from the County and Municipal Probation Advisory Council by eliminating the reimbursements for member expenses and suspending registrations for conferences. State General Funds ($17,068) ($17,068) ($17,068) ($17,068) 16.9 Reduce funds and the grants awarded for civil legal services to Victims of Domestic Violence. State General Funds ($128,078) $148,326 ($128,078) ($128,078) 16.10 Reduce funds from the Committee on Access and Fairness by discontinuing the newsletter in print form, reducing Color of Justice programs, and reducing the number of meetings held from six to four. (S:Eliminate the Committee on Access and Fairness)(CC:Reduce funds by 37%) State General Funds ($6,577) ($35,000) ($112,784) ($35,000) 16.11 Reduce funds from the Georgia Law School Consortium and the stipends paid to approximately thirty students beginning in the 2009 spring semester. (H and S:Eliminate funds for the Georgia Law School Consortium) State General Funds ($10,585) ($176,416) ($176,416) ($176,416) 16.12 Reduce funds from the Georgia Courts Automation Commission by reducing the number of facilitated sessions for the Strategic IT and Business Plans, the Common Judicial Data Dictionary project, and the National Information Exchange Model Mapping program. FRIDAY, APRIL 3, 2009 4645 State General Funds ($50,296) ($650,000) ($200,000) ($250,000) 16.13 Reduce funds to reflect the revised revenue estimate. (H:Increase funds for the AOC) State General Funds ($128,093) $96,241 ($128,093) ($128,093) 16.14 Reduce merit system assessments from $147 to $137 per position. State General Funds ($3,384) ($3,384) ($3,384) 16.15 Eliminate funds for the Traffic Information Processing System (TIPS). State General Funds ($167,282) $0 16.16 Reduce one-time funds received in HB990 (FY09G) for the 2009 National Mock Trial Competition. State General Funds ($10,000) ($10,000) 16.17 Eliminate funds for the Macon Office. State General Funds ($36,360) ($36,360) 16.97 Transfer all funds and activities for Legal Services for Victims of Domestic Violence to the Criminal Justice Coordinating Council (CJCC). State General Funds ($2,006,548) $0 16.98 Transfer all funds and activities to the newly created Accountability Courts, Administrative Office of the Courts, Children and Family Court Services, Councils of Limited Jurisdiction Courts, Statewide Technology Programs, and Legal and Regulatory Services programs. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($9,826,790) $0 ($2,492,903) $0 ($745,500) $0 ($13,065,193) $0 16.99 CC: The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, and the State Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-Filing system, and the Child Support Guidelines Commission, the Commission on Interpreters, the Committee on Access and Fairness, the Board of Court Reporting, Civil Legal Services for Victims of Domestic Violence, the County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the Advisory Committee on Healthy Marriages. Senate: The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug Courts, provided that $2,150,000 is designated for Drug and DUI Courts; to provide 4646 JOURNAL OF THE SENATE administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, and the State Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-Filing system, and the Child Support Guidelines Commission, the Commission on Interpreters, the Board of Court Reporting, the County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the Advisory Committee on Healthy Marriages. State General Funds $0 $0 16.100-Judicial Council Appropriation (HB 119) The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, and the State Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-Filing system, and the Child Support Guidelines Commission, the Commission on Interpreters, the Committee on Access and Fairness, the Board of Court Reporting, Civil Legal Services for Victims of Domestic Violence, the County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the Advisory Committee on Healthy Marriages. TOTAL STATE FUNDS $12,722,908 $12,883,011 $12,208,404 State General Funds $12,722,908 $12,883,011 $12,208,404 TOTAL FEDERAL FUNDS $2,492,903 $2,492,903 $2,492,903 Federal Funds Not Itemized $2,492,903 $2,492,903 $2,492,903 TOTAL AGENCY FUNDS $265,500 $265,500 $265,500 Sales and Services $265,500 $265,500 $265,500 Sales and Services Not Itemized $265,500 $265,500 $265,500 TOTAL PUBLIC FUNDS $15,481,311 $15,641,414 $14,966,807 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 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 $299,040 17.1 Defer the FY09 cost of living adjustment. State General Funds ($2,226) ($2,226) ($2,226) ($2,226) 17.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits FRIDAY, APRIL 3, 2009 4647 (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($11,325) ($9,786) $0 $0 17.3 Reduce funds from operations. State General Funds ($17,347) ($17,347) ($17,347) ($17,347) 17.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,718) ($2,718) ($2,718) ($2,718) 17.99 CC: The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations of unethical campaign practices. Senate: The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations of unethical campaign practices. State General Funds $0 $0 17.100-Judicial Qualifications Commission Appropriation (HB 119) The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations of unethical campaign practices. TOTAL STATE FUNDS $265,424 $266,963 $276,749 $276,749 State General Funds $265,424 $266,963 $276,749 $276,749 TOTAL PUBLIC FUNDS $265,424 $266,963 $276,749 $276,749 4648 JOURNAL OF THE SENATE 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 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 $580,000 18.1 Reduce funds from operations. State General Funds ($34,800) $0 ($34,800) $0 18.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,452) $0 ($11,600) $0 18.99 CC: The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings. Senate: The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings. State General Funds $0 $0 18.100-Resource Center Appropriation (HB 119) The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings. TOTAL STATE FUNDS $539,748 $580,000 $533,600 $580,000 State General Funds $539,748 $580,000 $533,600 $580,000 TOTAL PUBLIC FUNDS $539,748 $580,000 $533,600 $580,000 Accountability Courts TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 508.98 Transfer all funds and activities for adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts from the Judicial Council program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized $1,702,432 $0 $812,528 $0 $539,000 $0 FRIDAY, APRIL 3, 2009 4649 TOTAL PUBLIC FUNDS $3,053,960 $0 508.99 CC: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as, the Judicial Council Standing Committee on Drug Courts. Senate: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as, the Judicial Council Standing Committee on Drug Courts. State General Funds $0 $0 508.100-Accountability Courts Appropriation (HB 119) The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as, the Judicial Council Standing Committee on Drug Courts. TOTAL STATE FUNDS $1,702,432 State General Funds $1,702,432 TOTAL FEDERAL FUNDS $812,528 Federal Funds Not Itemized $812,528 TOTAL AGENCY FUNDS $539,000 Sales and Services $539,000 Sales and Services Not Itemized $539,000 TOTAL PUBLIC FUNDS $3,053,960 Administrative Office of the Courts Continuation Budget TOTAL STATE FUNDS $0 $0 State General Funds $0 $0 509.98 Transfer all funds and activities for the Administrative Office of the Courts (AOC) director's office, Judicial Council operations, administrative/budget/support, finance/accounting, policy and business process, planning, court services operations, human resources, communications/publications, research operations, governmental affairs, and the intern program from the Judicial Council program. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,462,315 $0 $32,447 $0 $3,494,762 $0 509.99 CC: The purpose of this appropriation is to provide administrative support to the Judicial Council. Senate: The purpose of this appropriation is to provide administrative support to the Judicial Council. State General Funds $0 $0 4650 JOURNAL OF THE SENATE 509.100-Administrative Office of the Courts Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to the Judicial Council. TOTAL STATE FUNDS $3,462,315 State General Funds $3,462,315 TOTAL AGENCY FUNDS $32,447 Sales and Services $32,447 Sales and Services Not Itemized $32,447 TOTAL PUBLIC FUNDS $3,494,762 Children and Family Court Services Continuation Budget TOTAL STATE FUNDS $0 $0 State General Funds $0 $0 510.98 Transfer all funds and activities for the Appalachian Family Law Information Center (FLIC), Child Support Commission, Children, Family and the Courts, Children, Marriage and Family Law, Committee on Civil Justice, Committee on Justice for Children, and grants management from the Judicial Council program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $853,176 $0 $1,680,375 $0 $2,533,551 $0 510.99 CC: The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants management. Senate: The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants management. State General Funds $0 $0 510.100-Children and Family Court Services Appropriation (HB 119) The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants management. TOTAL STATE FUNDS $853,176 State General Funds $853,176 TOTAL FEDERAL FUNDS $1,680,375 FRIDAY, APRIL 3, 2009 4651 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,680,375 $2,533,551 Councils of Limited Jurisdictions Courts Continuation Budget TOTAL STATE FUNDS $0 $0 State General Funds $0 $0 511.98 Transfer all funds and activities for the Council of Magistrate Court Judges, Council of Municipal Court Judges, Council of Probate Court Judges, Council of State Court Judges, and Council of Court Administrators from the Judicial Council program. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $526,428 $0 $15,000 $0 $541,428 $0 511.99 CC: The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court Judges, State Court Judges, and Court Administrators. Senate: The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court Judges, State Court Judges, and Court Administrators. State General Funds $0 $0 511.100-Councils of Limited Jurisdictions Courts Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court Judges, State Court Judges, and Court Administrators. TOTAL STATE FUNDS $526,428 State General Funds $526,428 TOTAL AGENCY FUNDS $15,000 Sales and Services $15,000 Sales and Services Not Itemized $15,000 TOTAL PUBLIC FUNDS $541,428 Legal & Regulatory Services Continuation Budget TOTAL STATE FUNDS $0 $0 State General Funds $0 $0 512.98 Transfer all funds and activities for the Board of Court Reporting, Commission on Interpreters, County and Municipal Probation Advisory Council (CMPAC), and General Counsel Division from the Judicial Council program. 4652 JOURNAL OF THE SENATE State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $719,588 $0 $159,053 $0 $878,641 $0 512.99 CC: The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and Municipal Probation Advisory Council (CMPAC), and the General Counsel Division. Senate: The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and Municipal Probation Advisory Council (CMPAC), and the General Counsel Division. State General Funds $0 $0 512.100-Legal & Regulatory Services Appropriation (HB 119) The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and Municipal Probation Advisory Council (CMPAC), and the General Counsel Division. TOTAL STATE FUNDS $719,588 State General Funds $719,588 TOTAL AGENCY FUNDS $159,053 Sales and Services $159,053 Sales and Services Not Itemized $159,053 TOTAL PUBLIC FUNDS $878,641 Statewide Technology Programs TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 513.98 Transfer all funds and activities for the Georgia Judicial Exchange, Georgia Courts Automation Commission (GCAC), and Administrative Office of the Courts (AOC) Technology and Support Services from the Judicial Council program. State General Funds $2,562,851 $0 513.99 CC: The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts. Senate: The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts. State General Funds $0 $0 FRIDAY, APRIL 3, 2009 4653 513.100-Statewide Technology Programs Appropriation (HB 119) The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts. TOTAL STATE FUNDS $2,562,851 State General Funds $2,562,851 TOTAL PUBLIC FUNDS $2,562,851 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,691,660 $6,691,660 $447,456 $447,456 $7,139,116 $6,691,660 $6,691,660 $447,456 $447,456 $7,139,116 $6,691,660 $6,691,660 $447,456 $447,456 $7,139,116 $6,691,660 $6,691,660 $447,456 $447,456 $7,139,116 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,511,026 $6,534,968 $6,511,026 $6,534,968 $447,456 $447,456 $447,456 $447,456 $6,958,482 $6,982,424 $6,561,715 $6,561,715 $447,456 $447,456 $7,009,171 $6,578,771 $6,578,771 $447,456 $447,456 $7,026,227 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 Defer the FY09 cost of living adjustment. $1,705,599 $1,705,599 $447,456 $447,456 $2,153,055 $1,705,599 $1,705,599 $447,456 $447,456 $2,153,055 $1,705,599 $1,705,599 $447,456 $447,456 $2,153,055 $1,705,599 $1,705,599 $447,456 $447,456 $2,153,055 State General Funds ($14,189) ($14,189) ($14,189) ($14,189) 19.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 4654 JOURNAL OF THE SENATE (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($50,689) ($43,803) $0 $0 19.3 Reduce funds from the purchase of services for the Juvenile Offenders Program that reimburses county governments for community-based services that provide alternatives to institutional treatment. State General Funds ($98,700) ($98,700) ($98,700) ($98,700) 19.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($17,056) $0 ($17,056) $0 19.100-Council of Juvenile Court Judges Appropriation (HB 119) 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 $1,524,965 $1,548,907 $1,575,654 $1,592,710 State General Funds $1,524,965 $1,548,907 $1,575,654 $1,592,710 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 $1,972,421 $1,996,363 $2,023,110 $2,040,166 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 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 20.100-Grants to Counties for Juvenile Court Judges Appropriation (HB 119) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,986,061 $4,986,061 $4,986,061 State General Funds $4,986,061 $4,986,061 $4,986,061 TOTAL PUBLIC FUNDS $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 $4,986,061 FRIDAY, APRIL 3, 2009 4655 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 $59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $57,424,402 $56,644,090 $57,424,402 $56,644,090 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $59,226,529 $58,446,217 $57,208,442 $57,208,442 $1,802,127 $1,802,127 $59,010,569 $57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569 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 Defer the FY09 cost of living adjustment. $52,323,746 $52,323,746 $1,767,046 $1,767,046 $1,767,046 $54,090,792 $52,323,746 $52,323,746 $1,767,046 $1,767,046 $1,767,046 $54,090,792 $52,323,746 $52,323,746 $1,767,046 $1,767,046 $1,767,046 $54,090,792 $52,323,746 $52,323,746 $1,767,046 $1,767,046 $1,767,046 $54,090,792 State General Funds ($637,857) ($637,857) ($637,857) ($637,857) 21.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,964,186) ($1,697,338) $0 $0 4656 JOURNAL OF THE SENATE 21.3 Increase funds to cover a projected shortfall. (H and CC:One-time funds) State General Funds $363,433 $300,000 $0 $200,000 21.4 Increase funds for three additional Assistant District Attorneys associated with the creation of additional judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session). State General Funds $223,156 $223,156 $223,156 $223,156 21.5 Increase funds to reinstate the step increases and promotions that were suspended temporarily in FY09. (H:Utilize existing funds) State General Funds $349,150 $0 ($349,150) ($349,150) 21.6 Increase funds to provide step increases and promotions during FY10. State General Funds $590,000 $590,000 $0 $0 21.7 Increase funds to reflect a change in the child support contract with the Department of Human Resources. FF Child Support Enforcement Title IV-D CFDA93.563 $35,081 $35,081 $35,081 $35,081 21.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($513,829) ($513,829) ($513,829) ($513,829) 21.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($5,497) ($5,497) ($5,497) 21.99 CC: The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18. Senate: The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18. State General Funds $0 $0 21.100-District Attorneys Appropriation (HB 119) The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18. TOTAL STATE FUNDS $50,733,613 $50,582,381 $51,040,569 $51,240,569 State General Funds $50,733,613 $50,582,381 $51,040,569 $51,240,569 FRIDAY, APRIL 3, 2009 4657 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS $1,802,127 $1,802,127 $1,802,127 $52,535,740 $1,802,127 $1,802,127 $1,802,127 $52,384,508 $1,802,127 $1,802,127 $1,802,127 $52,842,696 $1,802,127 $1,802,127 $1,802,127 $53,042,696 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 Defer the FY09 cost of living adjustment. $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 $6,957,949 State General Funds ($52,707) ($52,707) ($52,707) ($52,707) 22.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($176,658) ($152,658) $0 $0 22.3 Increase funds to reinstate the step increases and promotions that were suspended temporarily in FY09. (H:Utilize existing funds) State General Funds $11,575 $0 ($11,575) ($11,575) 22.4 Increase funds to provide step increases and promotions during FY10. State General Funds $9,184 $9,184 $0 $0 22.5 Increase funds for real estate rents. State General Funds $9,152 $0 $0 $0 22.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($67,706) ($67,706) ($67,706) ($67,706) 22.7 Reduce funds and defer filling four vacant positions. (S and CC:Reduce additional funds from the training of the vacant victim witness coordinator position) State General Funds ($632,353) ($658,088) ($658,088) 4658 JOURNAL OF THE SENATE 22.100-Prosecuting Attorney's Council Appropriation (HB 119) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $6,690,789 $6,061,709 $6,167,873 State General Funds $6,690,789 $6,061,709 $6,167,873 TOTAL PUBLIC FUNDS $6,690,789 $6,061,709 $6,167,873 $6,167,873 $6,167,873 $6,167,873 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 $63,622,100 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $57,860,640 $57,955,798 $57,860,640 $57,955,798 $57,860,640 $57,955,798 $59,999,072 $59,999,072 $59,999,072 $60,499,072 $60,499,072 $60,499,072 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 $1,751,550 $1,751,550 $1,751,550 $1,751,550 State General Funds $1,751,550 $1,751,550 $1,751,550 $1,751,550 TOTAL PUBLIC FUNDS $1,751,550 $1,751,550 $1,751,550 $1,751,550 23.1 Eliminate funds received in HB990 (FY09G) for the Judicial Data Exchange (JDX) project. (H and CC:Partially restore funds) State General Funds ($1,500,000) ($1,000,000) ($1,500,000) ($1,000,000) 23.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,515) ($2,515) ($20,124) ($20,124) 23.100-Council of Superior Court Clerks Appropriation (HB 119) 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. FRIDAY, APRIL 3, 2009 4659 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $249,035 $249,035 $249,035 $749,035 $749,035 $749,035 $231,426 $231,426 $231,426 $731,426 $731,426 $731,426 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 $1,483,201 $1,483,201 $1,483,201 $1,483,201 State General Funds $1,483,201 $1,483,201 $1,483,201 $1,483,201 TOTAL PUBLIC FUNDS $1,483,201 $1,483,201 $1,483,201 $1,483,201 24.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($55,545) ($47,999) $0 $0 24.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($14,427) ($14,427) ($94,787) ($94,787) 24.3 Defer the FY09 cost of living adjustment. State General Funds ($16,204) ($16,204) ($16,204) 24.4 Reduce merit system assessments from $147 to $137 per position. State General Funds ($330) ($330) ($330) 24.5 Reduce funds due to the early elimination of the Sentence Review Panel. State General Funds ($22,240) ($22,240) 24.99 CC: The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the administration of justice through leadership, training, policy development and budgetary and fiscal administration. Senate: The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the administration of justice through leadership, training, policy development and budgetary and fiscal administration. State General Funds $0 $0 4660 JOURNAL OF THE SENATE 24.100-Council of Superior Court Judges Appropriation (HB 119) The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the administration of justice through leadership, training, policy development and budgetary and fiscal administration. TOTAL STATE FUNDS $1,413,229 $1,404,241 $1,349,640 $1,349,640 State General Funds $1,413,229 $1,404,241 $1,349,640 $1,349,640 TOTAL PUBLIC FUNDS $1,413,229 $1,404,241 $1,349,640 $1,349,640 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 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 $2,348,845 25.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($76,995) ($66,535) $0 $0 25.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($22,927) ($22,927) ($152,147) ($152,147) 25.3 Defer the FY09 cost of living adjustment. State General Funds ($24,360) ($24,360) ($24,360) 25.100-Judicial Administrative Districts Appropriation (HB 119) 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 $2,248,923 $2,235,023 $2,172,338 $2,172,338 State General Funds $2,248,923 $2,235,023 $2,172,338 $2,172,338 TOTAL PUBLIC FUNDS $2,248,923 $2,235,023 $2,172,338 $2,172,338 FRIDAY, APRIL 3, 2009 4661 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 $58,038,504 $58,038,504 $58,038,504 $58,038,504 State General Funds $58,038,504 $58,038,504 $58,038,504 $58,038,504 TOTAL PUBLIC FUNDS $58,038,504 $58,038,504 $58,038,504 $58,038,504 26.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,043,379) ($1,765,773) $0 $0 26.2 Eliminate pass-thru funds for employer contributions for county-paid judges and staff and for the Superior Court Judges Emeritus Retirement. State General Funds ($3,610,086) ($1,000,000) $0 $0 26.3 Increase funds for costs associated with the creation of three new judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session). (S and CC:Remove funds for law assistants) State General Funds $1,151,310 $1,151,310 $854,126 $854,126 26.4 Increase and restore funds removed in HB990 (FY09G) due to the revenue estimate change. State General Funds $714,125 $101,000 $101,000 $101,000 26.5 Increase funds for judges' travel and reflect increases in the mileage reimbursement rates and other travel costs. State General Funds $249,513 $60,000 $60,000 $60,000 26.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($550,534) ($550,534) ($340,954) ($340,954) 26.7 Defer the FY09 cost of living adjustment. State General Funds ($669,099) ($669,099) ($669,099) 26.8 Reduce funds for Senior Judge usage. State General Funds ($1,797,909) ($1,797,909) ($1,797,909) 26.99 CC: The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and 4662 JOURNAL OF THE SENATE 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. Senate: The purpose of this appropriation is to enable Georgia's Superior Courts to be the 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. State General Funds $0 $0 26.100-Superior Court Judges Appropriation (HB 119) The purpose of this appropriation is to enable Georgia's Superior Courts to be the 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 $53,949,453 $53,567,499 $56,245,668 $56,245,668 State General Funds $53,949,453 $53,567,499 $56,245,668 $56,245,668 TOTAL PUBLIC FUNDS $53,949,453 $53,567,499 $56,245,668 $56,245,668 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $7,822,633 $7,747,900 $7,822,633 $7,747,900 $7,822,633 $7,747,900 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 $8,026,295 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 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 $8,837,974 FRIDAY, APRIL 3, 2009 4663 27.1 Defer the FY09 cost of living adjustment. State General Funds ($89,806) ($89,806) ($89,806) ($89,806) 27.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($404,384) ($349,445) $0 $0 27.3 Reduce funds by eliminating five positions, the summer internship program and from operations. State General Funds ($511,634) ($511,634) ($511,634) ($511,634) 27.4 Increase funds to provide salary adjustments for law assistants. State General Funds $71,353 $0 $0 $0 27.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($80,870) $0 $0 $0 27.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($680) ($680) ($680) 27.7 Reduce funds from the February 2010 bar exam based on revised application fees. State General Funds ($138,509) ($138,509) ($138,509) 27.8 Reduce one-time funds received in HB990 (FY09G) to create a disaster recovery co-location site and provide equipment upgrades. State General Funds ($71,050) ($71,050) 27.99 CC: The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions. Senate: The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that has been drawn in question, and all cases of election 4664 JOURNAL OF THE SENATE contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions. State General Funds $0 $0 27.100-Supreme Court of Georgia Appropriation (HB 119) The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions. TOTAL STATE FUNDS $7,822,633 $7,747,900 $8,026,295 $8,026,295 State General Funds $7,822,633 $7,747,900 $8,026,295 $8,026,295 TOTAL PUBLIC FUNDS $7,822,633 $7,747,900 $8,026,295 $8,026,295 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 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $4,535,832 $4,077,625 $4,535,832 $4,077,625 $10,286,033 $10,286,033 $10,286,033 $10,286,033 $14,821,865 $14,363,658 $4,626,452 $4,626,452 $10,286,033 $10,286,033 $14,912,485 $4,626,452 $4,626,452 $10,286,033 $10,286,033 $14,912,485 State Accounting Office Continuation Budget The purpose of this appropriation is to support statewide People Soft financials and human capital management, to provide the FRIDAY, APRIL 3, 2009 4665 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 TOTAL PUBLIC FUNDS 28.1 Defer the FY09 cost of living adjustment. $5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206 $5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206 State General Funds ($40,448) ($40,448) ($40,448) ($40,448) 28.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($118,482) ($102,385) $0 $0 28.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $68,563 $68,563 $68,563 $68,563 28.4 Reduce funds by delaying equipment replacements and only authorizing emergency purchases. State General Funds ($11,427) ($11,427) ($11,427) ($11,427) 28.5 Reduce funds by limiting purchases, only publishing critical reports, using orders from prior years to meet Oracle training needs, and curtailing travel and staff training. State General Funds ($117,787) ($117,787) ($117,787) ($117,787) 28.6 Reduce funds from operations. State General Funds ($269,793) ($269,793) ($269,793) ($269,793) 28.7 Reduce funds from personnel. (H:Reflect additional vacancies) State General Funds ($250,000) ($723,221) ($250,000) ($250,000) 28.8 Reduce funds related to the delayed implementation of streamlined banking. State General Funds ($134,744) ($134,744) ($538,868) ($538,868) 4666 JOURNAL OF THE SENATE 28.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($46,223) ($46,223) ($46,223) ($46,223) 28.10 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,083) ($1,083) ($1,083) 28.99 CC: The purpose of this appropriation is to prescribe statewide accounting policies, procedures and practices, to provide financial management leadership to state agencies, to prepare and provide annual financial statements, and other statutory or regulatory reports, to develop and maintain the state's financial and human capital management systems, and to improve the accountability and efficiency of various financial and operational processes. Senate: The purpose of this appropriation is to provide statewide policies and guidance on accounting and financial procedures, to provide financial management assistance to state agencies, to prepare the Comprehensive Annual Financial Report, Budgetary Compliance Report, Single Audit Report, and other statutory and regulatory reports, and to develop and maintain the state's financial and human capital management system. State General Funds $0 $0 28.100-State Accounting Office Appropriation (HB 119) The purpose of this appropriation is to prescribe statewide accounting policies, procedures and practices, to provide financial management leadership to state agencies, to prepare and provide annual financial statements, and other statutory or regulatory reports, to develop and maintain the state's financial and human capital management systems, and to improve the accountability and efficiency of various financial and operational processes. TOTAL STATE FUNDS $4,535,832 $4,077,625 $4,249,107 $4,249,107 State General Funds $4,535,832 $4,077,625 $4,249,107 $4,249,107 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $10,286,033 $10,286,033 $10,286,033 $10,286,033 State Funds Transfers $10,286,033 $10,286,033 $10,286,033 $10,286,033 Accounting System Assessments $10,286,033 $10,286,033 $10,286,033 $10,286,033 TOTAL PUBLIC FUNDS $14,821,865 $14,363,658 $14,535,140 $14,535,140 28.101 Special Project - State Accounting Office: Increase funds for training, upgrades and other activities necessary to ensure budgetary compliance by fund source within a program as determined by the Department of Audits. State General Funds $377,345 $377,345 Section 12: Administrative Services, Department of TOTAL STATE FUNDS Section Total - Continuation $13,792,429 $13,792,429 $13,792,429 $13,792,429 FRIDAY, APRIL 3, 2009 4667 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 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585 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 Section Total - Final $9,728,305 $9,232,520 $9,728,305 $9,232,520 $19,333,105 $15,501,850 $6,834,082 $3,002,827 $3,352,238 $3,352,238 $7,139,999 $7,139,999 $126,214 $126,214 $1,880,572 $1,880,572 $131,974,783 $131,974,783 $131,974,783 $131,974,783 $161,036,193 $156,709,153 $5,570,546 $5,570,546 $13,382,237 $973,720 $3,352,238 $7,139,999 $35,708 $1,880,572 $132,081,964 $132,081,964 $151,034,747 $7,194,199 $7,194,199 $13,382,237 $973,720 $3,352,238 $7,139,999 $35,708 $1,880,572 $132,081,964 $132,081,964 $152,658,400 Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS $850,000 $850,000 $850,000 State General Funds $850,000 $850,000 $850,000 TOTAL PUBLIC FUNDS $850,000 $850,000 $850,000 29.1 Reduce one-time funds used to purchase an annuity for an individual who was wrongfully imprisoned. $850,000 $850,000 $850,000 State General Funds ($850,000) ($850,000) ($850,000) ($850,000) 29.2 Increase funds pursuant to HR161 (2009 Session), to purchase a 20 year annuity for an individual who was wrongfully imprisoned, and ask the State Board of Pardons and Paroles to oversee the terms established by the resolution. 4668 JOURNAL OF THE SENATE State General Funds $299,371 29.99 CC: The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon passage of the required House Resolution. State General Funds $0 29.100-Compensation Per General Assembly Resolutions Appropriation (HB 119) The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon passage of the required House Resolution. TOTAL STATE FUNDS $299,371 State General Funds $299,371 TOTAL PUBLIC FUNDS $299,371 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 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 30.1 Defer the FY09 cost of living adjustment. $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,994,354 $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,994,354 State General Funds ($94,768) ($94,768) 30.2 Defer structure adjustments to the statewide salary plan. $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,994,354 ($94,768) $3,358,438 $3,358,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,994,354 ($94,768) FRIDAY, APRIL 3, 2009 4669 State General Funds ($463) ($463) ($463) ($463) 30.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($49,675) ($42,926) $0 $0 30.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($157,636) ($157,636) ($157,636) ($157,636) 30.5 Reduce funds by eliminating an accounting manager, a secretary, and a chief information officer. (H:Reflect actual salaries and recognize three additional vacancies for a total of six vacant positions)(S:Restore funds for a position already eliminated because of the GAIT outsourcing initiative)(CC:Reflect actual salaries and recognize three additional vacancies) State General Funds ($184,468) ($523,875) ($425,033) ($523,875) 30.6 Reduce funds designated for information technology contractors and perform the work with internal staff. State General Funds ($143,997) ($143,997) ($143,997) ($143,997) 30.7 Reduce funds designated for a marketing study. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 30.8 Reduce funds from operations. State General Funds ($15,500) ($15,500) ($15,500) ($15,500) 30.9 Reduce funds and delay repairs and maintenance projects. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 30.10 Reduce funds designated for conferences and continuing education expenses. State General Funds ($29,700) ($29,700) ($29,700) ($29,700) 30.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($28,279) ($28,279) ($28,279) ($28,279) 30.12 Reduce merit system assessments from $147 to $137 per position. State General Funds ($399) ($399) ($399) 4670 JOURNAL OF THE SENATE 30.13 Replace funds to require the Office of Treasury and Fiscal Services to reimburse the Department for its allocation of administrative expenses. State General Funds Agency to Agency Contracts TOTAL PUBLIC FUNDS ($66,129) $107,181 $41,052 ($66,129) $107,181 $41,052 30.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,568,952 $2,235,895 $2,311,534 State General Funds $2,568,952 $2,235,895 $2,311,534 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 $1,342,573 State Funds Transfers $1,235,392 $1,235,392 $1,342,573 Agency to Agency Contracts $21,818 $21,818 $128,999 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 $5,204,868 $4,871,811 $5,054,631 $2,212,692 $2,212,692 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,342,573 $1,342,573 $128,999 $250,719 $203,686 $759,169 $4,955,789 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 Reserved Fund Balances Reserved Fund Balances Not Itemized $1,705,000 $1,705,000 $1,295,640 $719,941 $719,941 $1,705,000 $1,705,000 $1,295,640 $719,941 $719,941 $1,705,000 $1,705,000 $1,295,640 $719,941 $719,941 $1,705,000 $1,705,000 $1,295,640 $719,941 $719,941 FRIDAY, APRIL 3, 2009 4671 Rebates, Refunds, and Reimbursements $575,699 $575,699 $575,699 $575,699 Rebates, Refunds, and Reimbursements Not Itemized $575,699 $575,699 $575,699 $575,699 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $91,439 $91,439 $91,439 $91,439 State Funds Transfers $91,439 $91,439 $91,439 $91,439 Motor Vehicle Rental Payments $91,439 $91,439 $91,439 $91,439 TOTAL PUBLIC FUNDS $3,092,079 $3,092,079 $3,092,079 $3,092,079 31.1 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($672,026) ($672,026) ($672,026) ($672,026) 31.2 Reduce funds from excess rent allocations. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 31.3 Reduce funds due to excessive freight expenses. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 31.4 Reduce funds from operations. State General Funds ($36,704) ($36,704) ($36,704) ($36,704) 31.5 Reduce funds from personnel. State General Funds ($340,758) ($340,758) ($340,758) ($340,758) 31.6 Reduce funds and fund operations with income from rebates from vehicle maintenance/gas contracts and vehicle rental payments. (CC:The Department is directed to be self-sufficient on agency generated income by FY11) State General Funds ($635,512) ($317,756) 31.7 Reduce funds to reflect the use of reserves. Reserved Fund Balances Not Itemized ($366,938) ($366,938) 31.99 CC: The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for traveling state employees. Senate: The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for travelling state employees. State General Funds $0 $0 4672 JOURNAL OF THE SENATE 31.100-Fleet Management Appropriation (HB 119) The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for traveling state employees. TOTAL STATE FUNDS $635,512 $635,512 $317,756 State General Funds $635,512 $635,512 $317,756 TOTAL AGENCY FUNDS $1,295,640 $1,295,640 $928,702 $928,702 Reserved Fund Balances $719,941 $719,941 $353,003 $353,003 Reserved Fund Balances Not Itemized $719,941 $719,941 $353,003 $353,003 Rebates, Refunds, and Reimbursements $575,699 $575,699 $575,699 $575,699 Rebates, Refunds, and Reimbursements Not Itemized $575,699 $575,699 $575,699 $575,699 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $91,439 $91,439 $91,439 $91,439 State Funds Transfers $91,439 $91,439 $91,439 $91,439 Motor Vehicle Rental Payments $91,439 $91,439 $91,439 $91,439 TOTAL PUBLIC FUNDS $2,022,591 $2,022,591 $1,020,141 $1,337,897 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 32.1 Reduce funds by eliminating one filled clerk position. $0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155 $0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155 $0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155 $0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155 Mail and Courier Services ($31,186) ($31,186) ($31,186) ($31,186) 32.2 Reduce funds from operations. Mail and Courier Services ($2,300) ($2,300) ($2,300) ($2,300) 32.3 Reduce funds designated for vehicle expenses. Mail and Courier Services ($17,000) ($17,000) ($17,000) ($17,000) 32.99 CC: The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized FRIDAY, APRIL 3, 2009 4673 courier services to state offices within thirty-five miles of metro Atlanta. Senate: The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta. State General Funds $0 $0 32.100-Mail and Courier Appropriation (HB 119) The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,079,669 $1,079,669 $1,079,669 $1,079,669 State Funds Transfers $1,079,669 $1,079,669 $1,079,669 $1,079,669 Mail and Courier Services $1,079,669 $1,079,669 $1,079,669 $1,079,669 TOTAL PUBLIC FUNDS $1,079,669 $1,079,669 $1,079,669 $1,079,669 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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $129,880,757 $129,880,757 $129,880,757 $129,880,757 State Funds Transfers $129,880,757 $129,880,757 $129,880,757 $129,880,757 Agency to Agency Contracts $978,423 $978,423 $978,423 $978,423 Liability Funds $49,247,014 $49,247,014 $49,247,014 $49,247,014 Property Insurance Funds $20,688,835 $20,688,835 $20,688,835 $20,688,835 Unemployment Compensation Funds $8,060,300 $8,060,300 $8,060,300 $8,060,300 Workers Compensation Funds $50,906,185 $50,906,185 $50,906,185 $50,906,185 TOTAL PUBLIC FUNDS $129,880,757 $129,880,757 $129,880,757 $129,880,757 33.1 Reduce funds by restricting travel, postponing computer upgrades, discontinuing subscriptions, and suspending participation in conferences and training. Agency to Agency Contracts Liability Funds Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS ($51,100) ($9,200) ($5,200) ($28,200) ($93,700) ($51,100) ($9,200) ($5,200) ($28,200) ($93,700) ($51,100) ($9,200) ($5,200) ($28,200) ($93,700) ($51,100) ($9,200) ($5,200) ($28,200) ($93,700) 33.2 Reduce funds due to a teachers' premium refund. 4674 JOURNAL OF THE SENATE Property Insurance Funds ($51,000) ($51,000) ($51,000) ($51,000) 33.3 Reduce funds from consulting services that are unnecessary or can be performed internally. Liability Funds Workers Compensation Funds TOTAL PUBLIC FUNDS ($126,000) ($103,000) ($229,000) ($126,000) ($103,000) ($229,000) ($126,000) ($103,000) ($229,000) ($126,000) ($103,000) ($229,000) 33.4 Reduce funds and eliminate duplicative or unnecessary positions. Agency to Agency Contracts Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS ($81,473) ($262,985) ($46,000) ($390,458) ($81,473) ($262,985) ($46,000) ($390,458) ($81,473) ($262,985) ($46,000) ($390,458) ($81,473) ($262,985) ($46,000) ($390,458) 33.5 Reduce funds due to a broker fee refund. Agency to Agency Contracts ($157,000) ($157,000) ($157,000) ($157,000) 33.99 CC: The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers' Compensation Program. Senate: The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers' Compensation Program. State General Funds $0 $0 33.100-Risk Management Appropriation (HB 119) The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers' Compensation Program. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $128,959,599 $128,959,599 $128,959,599 $128,959,599 State Funds Transfers $128,959,599 $128,959,599 $128,959,599 $128,959,599 FRIDAY, APRIL 3, 2009 4675 Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $688,850 $49,111,814 $20,369,650 $8,060,300 $50,728,985 $128,959,599 $688,850 $49,111,814 $20,369,650 $8,060,300 $50,728,985 $128,959,599 $688,850 $49,111,814 $20,369,650 $8,060,300 $50,728,985 $128,959,599 $688,850 $49,111,814 $20,369,650 $8,060,300 $50,728,985 $128,959,599 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 $4,241,671 $4,241,671 $4,241,671 $4,241,671 State General Funds $4,241,671 $4,241,671 $4,241,671 $4,241,671 TOTAL AGENCY FUNDS $10,729,801 $10,729,801 $10,729,801 $10,729,801 Reserved Fund Balances $4,165,501 $4,165,501 $4,165,501 $4,165,501 Reserved Fund Balances Not Itemized $4,165,501 $4,165,501 $4,165,501 $4,165,501 Rebates, Refunds, and Reimbursements $6,564,300 $6,564,300 $6,564,300 $6,564,300 Rebates, Refunds, and Reimbursements Not Itemized $6,564,300 $6,564,300 $6,564,300 $6,564,300 TOTAL PUBLIC FUNDS $14,971,472 $14,971,472 $14,971,472 $14,971,472 34.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($51,687) ($44,665) $0 $0 34.2 Reduce funds designated for the SCIQUEST contract and implement Priority I initiatives at a later date. State General Funds ($483,287) ($483,287) ($483,287) ($483,287) 34.3 Reduce funds from personnel. (H and S:Reduce funds to reflect eight vacant positions) State General Funds ($226,109) ($360,128) ($360,128) ($360,128) 34.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($37,487) ($37,487) ($37,487) ($37,487) 4676 JOURNAL OF THE SENATE 34.5 Reduce funds due to the use of reserves in HB118 (FY09A). Reserved Fund Balances Not Itemized ($3,831,255) ($4,165,501) ($4,165,501) 34.6 Reduce funds and fund operations with income from purchasing card rebates and incentives. (CC:The Department is directed to be self-sufficient on agency generated income by FY11) State General Funds ($3,316,104) ($2,210,736) 34.99 CC: The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors. Senate: The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors. State General Funds $0 $0 34.100-State Purchasing Appropriation (HB 119) The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors. TOTAL STATE FUNDS $3,443,101 $3,316,104 $44,665 $1,150,033 State General Funds $3,443,101 $3,316,104 $44,665 $1,150,033 TOTAL AGENCY FUNDS $10,729,801 $6,898,546 $6,564,300 $6,564,300 Reserved Fund Balances $4,165,501 $334,246 Reserved Fund Balances Not Itemized $4,165,501 $334,246 Rebates, Refunds, and Reimbursements $6,564,300 $6,564,300 $6,564,300 $6,564,300 Rebates, Refunds, and Reimbursements Not Itemized $6,564,300 $6,564,300 $6,564,300 $6,564,300 TOTAL PUBLIC FUNDS $14,172,902 $10,214,650 $6,608,965 $7,714,333 FRIDAY, APRIL 3, 2009 4677 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141 $0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141 $0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141 $0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141 35.1 Reduce funds due to the closing of facilities in Americus, Swainsboro and Tucker and eliminate positions. Sales and Services Not Itemized ($2,130,624) ($2,130,624) ($2,130,624) 35.2 Reduce funds to reflect the use of reserves in FY09. Reserved Fund Balances Not Itemized ($1,327,923) ($2,130,624) ($1,327,923) 35.100-Surplus Property Appropriation (HB 119) 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 $2,526,517 $2,526,517 $1,198,594 $1,198,594 Reserved Fund Balances $1,948,640 $1,948,640 $620,717 $620,717 Reserved Fund Balances Not Itemized $1,948,640 $1,948,640 $620,717 $620,717 Sales and Services $577,877 $577,877 $577,877 $577,877 Sales and Services Not Itemized $577,877 $577,877 $577,877 $577,877 TOTAL PUBLIC FUNDS $2,526,517 $2,526,517 $1,198,594 $1,198,594 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 $0 $0 $90,506 $0 $0 $90,506 $0 $0 $90,506 $0 $0 $90,506 4678 JOURNAL OF THE SENATE Royalties and Rents $90,506 $90,506 $90,506 $90,506 Royalties and Rents Not Itemized $90,506 $90,506 $90,506 $90,506 TOTAL PUBLIC FUNDS $90,506 $90,506 $90,506 $90,506 36.1 Eliminate funds to reflect the Department's decision to close the remaining post office in the Coverdell Legislative Office Building effective April 1, 2009. Royalties and Rents Not Itemized ($90,506) ($90,506) 36.100-U.S. Post Office Appropriation (HB 119) 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 Royalties and Rents $90,506 $90,506 Royalties and Rents Not Itemized $90,506 $90,506 TOTAL PUBLIC FUNDS $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 37.1 Defer the FY09 cost of living adjustment. $3,576,847 $3,576,847 $608,684 $608,684 $608,684 $4,185,531 $3,576,847 $3,576,847 $608,684 $608,684 $608,684 $4,185,531 $3,576,847 $3,576,847 $608,684 $608,684 $608,684 $4,185,531 $3,576,847 $3,576,847 $608,684 $608,684 $608,684 $4,185,531 State General Funds ($39,203) ($39,203) ($39,203) ($39,203) 37.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($133,607) ($115,456) $0 $0 FRIDAY, APRIL 3, 2009 4679 37.3 Reduce funds due to savings from the implementation of a new case management tool. State General Funds ($346,036) ($346,036) ($346,036) ($346,036) 37.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($31,143) ($31,143) ($31,143) ($31,143) 37.99 CC: The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies. Senate: The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies. State General Funds $0 $0 37.100-Administrative Hearings, Office of State Appropriation (HB 119) The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies. TOTAL STATE FUNDS $3,026,858 $3,045,009 $3,160,465 $3,160,465 State General Funds $3,026,858 $3,045,009 $3,160,465 $3,160,465 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $3,635,542 $3,653,693 $3,769,149 $3,769,149 Certificate of Need Appeal Panel Continuation Budget The purpose of this appropriation is to review decisions made by hearing officers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 38.1 Reduce funds from contracts. $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 State General Funds ($6,047) $0 ($6,047) 38.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($544) $0 ($544) 38.3 Reduce funds and recognize self-sufficiency as of July 1, 2008 through the collection of filing fees. State General Funds ($60,473) $0 $60,473 $60,473 $60,473 ($6,047) ($544) $0 4680 JOURNAL OF THE SENATE 38.99 CC: The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. Senate: The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. State General Funds $0 $0 38.100-Certificate of Need Appeal Panel Appropriation (HB 119) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS $53,882 $53,882 $53,882 State General Funds $53,882 $53,882 $53,882 TOTAL PUBLIC FUNDS $53,882 $53,882 $53,882 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 $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income Not Itemized $3,290,117 $3,290,117 $3,290,117 $3,290,117 TOTAL PUBLIC FUNDS $3,290,117 $3,290,117 $3,290,117 $3,290,117 39.1 Increase administrative fees for managed funds and transfer funds ($107,181) to the Department of Administrative Services Departmental Administration program to cover administration costs for OTFS. (S:YES)(CC:YES) Interest and Investment Income Not Itemized $0 $0 39.99 CC: The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to manage state revenue collections; and to manage the Path2College 529 Plan. Senate: The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to manage state revenue collections; to manage the Path2College 529 Plan. FRIDAY, APRIL 3, 2009 4681 House: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury. Gov Rev: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury. State General Funds $0 $0 $0 $0 39.100-Treasury and Fiscal Services, Office of Appropriation (HB 119) The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to manage state revenue collections; and to manage the Path2College 529 Plan. TOTAL AGENCY FUNDS $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income $3,290,117 $3,290,117 $3,290,117 $3,290,117 Interest and Investment Income Not Itemized $3,290,117 $3,290,117 $3,290,117 $3,290,117 TOTAL PUBLIC FUNDS $3,290,117 $3,290,117 $3,290,117 $3,290,117 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $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 $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 $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 $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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Final $42,109,685 $42,708,079 $42,109,685 $42,708,079 $8,049,321 $8,049,321 $43,454,578 $43,454,578 $8,049,321 $43,529,578 $43,529,578 $8,049,321 4682 JOURNAL OF THE SENATE 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 $8,049,321 $3,384,689 $663,868 $100,000 $2,620,821 $180,000 $180,000 $53,723,695 $8,049,321 $3,384,689 $663,868 $100,000 $2,620,821 $180,000 $180,000 $54,322,089 $8,049,321 $3,384,689 $663,868 $100,000 $2,620,821 $180,000 $180,000 $55,068,588 $8,049,321 $3,384,689 $663,868 $100,000 $2,620,821 $180,000 $180,000 $55,143,588 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 $3,775,613 $3,775,613 $3,775,613 $3,775,613 State General Funds $3,775,613 $3,775,613 $3,775,613 $3,775,613 TOTAL PUBLIC FUNDS $3,775,613 $3,775,613 $3,775,613 $3,775,613 40.1 Reduce funds from the contract with the Board of Regents for the Athens and Tifton Veterinary Laboratories. State General Funds ($309,289) ($309,289) ($309,289) ($309,289) 40.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($17,027) ($17,027) ($17,027) ($17,027) 40.3 Transfer funds received for the FY09 cost of living adjustment from the Board of Regents. State General Funds $64,646 $64,646 $64,646 40.99 CC: The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia. Senate: The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia. State General Funds $0 $0 40.100-Athens and Tifton Veterinary Laboratories Appropriation (HB 119) The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the FRIDAY, APRIL 3, 2009 4683 State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,449,297 $3,449,297 $3,449,297 $3,513,943 $3,513,943 $3,513,943 $3,513,943 $3,513,943 $3,513,943 $3,513,943 $3,513,943 $3,513,943 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS 41.1 Defer the FY09 cost of living adjustment. $24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135 $24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135 $24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135 $24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000 $100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135 State General Funds ($346,718) ($346,718) ($346,718) ($346,718) 41.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($809,589) ($699,601) $0 $0 41.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing 4684 JOURNAL OF THE SENATE project. State General Funds $99,775 $99,775 $99,775 $99,775 41.4 Reduce funds from operations. State General Funds ($635,227) ($635,227) ($635,227) ($635,227) 41.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($114,931) ($114,931) ($114,931) ($114,931) 41.6 Increase funds for one food safety specialist and five food safety inspectors. (S:Increase funds to annualize salaries for four positions added in HB118 (FY09A))(CC:Annualize the four positions added in HB118 (FY09A) and the internal transfer of two positions) State General Funds $272,265 $160,000 $160,000 41.99 CC: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. Senate: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. State General Funds $0 $0 41.100-Consumer Protection Appropriation (HB 119) The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, FRIDAY, APRIL 3, 2009 4685 processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. TOTAL STATE FUNDS $22,587,224 $22,969,477 $23,556,813 $23,556,813 State General Funds $22,587,224 $22,969,477 $23,556,813 $23,556,813 TOTAL FEDERAL FUNDS $7,199,221 $7,199,221 $7,199,221 $7,199,221 Federal Funds Not Itemized $7,199,221 $7,199,221 $7,199,221 $7,199,221 TOTAL AGENCY FUNDS $1,685,000 $1,685,000 $1,685,000 $1,685,000 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 $1,585,000 $1,585,000 $1,585,000 $1,585,000 Sales and Services Not Itemized $1,585,000 $1,585,000 $1,585,000 $1,585,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,000 $150,000 $150,000 $150,000 Agency Funds Transfers $150,000 $150,000 $150,000 $150,000 Agency Fund Transfers Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $31,621,445 $32,003,698 $32,591,034 $32,591,034 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,571,774 $6,571,774 $69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995 $6,571,774 $6,571,774 $69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995 $6,571,774 $6,571,774 $69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995 $6,571,774 $6,571,774 $69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995 42.1 Defer the FY09 cost of living adjustment. 4686 JOURNAL OF THE SENATE State General Funds ($44,054) ($44,054) ($44,054) ($44,054) 42.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($164,398) ($142,063) $0 $0 42.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $68,966 $68,966 $68,966 $68,966 42.4 Reduce funds from operations. State General Funds ($740,829) ($740,829) ($740,829) ($740,829) 42.5 Reduce funds by eliminating one filled and two vacant positions. State General Funds ($157,060) ($157,060) ($157,060) ($157,060) 42.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($27,668) ($27,668) ($27,668) ($27,668) 42.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($6,608) ($6,608) ($6,608) 42.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $5,506,731 $5,522,458 $5,664,521 State General Funds $5,506,731 $5,522,458 $5,664,521 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 $5,834,952 $5,850,679 $5,992,742 $5,664,521 $5,664,521 $69,500 $69,500 $258,721 $258,721 $258,721 $5,992,742 FRIDAY, APRIL 3, 2009 4687 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $8,339,788 $8,339,788 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $10,591,356 $8,339,788 $8,339,788 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $10,591,356 $8,339,788 $8,339,788 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $10,591,356 $8,339,788 $8,339,788 $780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100 $30,000 $30,000 $30,000 $10,591,356 43.1 Defer the FY09 cost of living adjustment. State General Funds ($40,459) ($40,459) ($40,459) ($40,459) 43.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($152,868) ($132,100) $0 $0 43.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $35,181 $35,181 $35,181 $35,181 43.4 Reduce funds from operations. State General Funds ($910,422) ($910,422) ($910,422) ($910,422) 4688 JOURNAL OF THE SENATE 43.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($36,182) ($36,182) ($36,182) ($36,182) 43.6 Increase funds for marketing in emerging international markets. State General Funds $75,000 $0 $75,000 43.7 Increase funds for the Federation of Southern Cooperatives. State General Funds $40,000 $0 $0 43.99 CC: The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Market Bulletin. Senate: The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Market Bulletin. State General Funds $0 $0 43.100-Marketing and Promotion Appropriation (HB 119) The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Market Bulletin. TOTAL STATE FUNDS $7,235,038 $7,370,806 $7,387,906 $7,462,906 State General Funds $7,235,038 $7,370,806 $7,387,906 $7,462,906 TOTAL FEDERAL FUNDS $780,600 $780,600 $780,600 $780,600 Federal Funds Not Itemized $780,600 $780,600 $780,600 $780,600 TOTAL AGENCY FUNDS $1,440,968 $1,440,968 $1,440,968 $1,440,968 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 $777,100 $777,100 $777,100 $777,100 Sales and Services Not Itemized $777,100 $777,100 $777,100 $777,100 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 $30,000 $30,000 $30,000 Agency Funds Transfers $30,000 $30,000 $30,000 $30,000 Agency Fund Transfers Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $9,486,606 $9,622,374 $9,639,474 $9,714,474 FRIDAY, APRIL 3, 2009 4689 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 44.1 Defer the FY09 cost of living adjustment. $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 $3,638,336 State General Funds ($76,184) ($76,184) ($76,184) ($76,184) 44.2 Reduce funds from operations. State General Funds ($213,729) ($213,729) ($213,729) ($213,729) 44.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($17,028) ($17,028) ($17,028) ($17,028) 44.99 CC: The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring. Senate: The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring. State General Funds $0 $0 44.100-Poultry Veterinary Diagnostic Labs Appropriation (HB 119) The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring. TOTAL STATE FUNDS $3,331,395 $3,331,395 $3,331,395 $3,331,395 State General Funds $3,331,395 $3,331,395 $3,331,395 $3,331,395 TOTAL PUBLIC FUNDS $3,331,395 $3,331,395 $3,331,395 $3,331,395 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 $12,898,273 TOTAL STATE FUNDS Section Total - Final $11,917,317 $11,975,215 $12,355,581 $12,355,581 4690 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $11,917,317 $11,917,317 $11,975,215 $11,975,215 $12,355,581 $12,355,581 $12,355,581 $12,355,581 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 45.1 Defer the FY09 cost of living adjustment. $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 $550,974 State General Funds ($6,555) ($6,555) ($6,555) ($6,555) 45.98 Transfer all funds and activities to the Departmental Administration, Financial Institution Supervision, and Non-Depository Financial Institutions programs to align the program structure with the Department's service delivery model. State General Funds ($544,419) ($544,419) ($544,419) ($544,419) 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 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 $660,553 46.1 Defer the FY09 cost of living adjustment. State General Funds ($6,872) ($6,872) ($6,872) ($6,872) 46.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,617 $1,617 $1,617 $1,617 46.3 Reduce funds by eliminating two consumer and legal affairs specialists and one administrative assistant position. State General Funds ($270,034) ($270,034) ($270,034) ($270,034) 46.4 Transfer funds to the Departmental Administration and Non-Depository Financial Institutions Supervision programs to reflect actual expenditures and to the Financial Institution Supervision program for one legal and consumer affairs specialist. State General Funds ($171,127) ($171,127) ($171,127) ($171,127) FRIDAY, APRIL 3, 2009 4691 46.99 CC: The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff. Senate: The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff. State General Funds $0 $0 46.100-Consumer Protection and Assistance Appropriation (HB 119) The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $214,137 $214,137 $214,137 $214,137 State General Funds $214,137 $214,137 $214,137 $214,137 TOTAL PUBLIC FUNDS $214,137 $214,137 $214,137 $214,137 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 47.1 Defer the FY09 cost of living adjustment. $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 $2,089,102 State General Funds ($21,807) ($21,807) ($21,807) ($21,807) 47.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($78,790) ($68,086) $0 $0 47.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 4692 JOURNAL OF THE SENATE State General Funds $183 $183 $183 $183 47.4 Reduce funds by eliminating one vacant district information systems specialist position. State General Funds ($101,363) ($101,363) ($101,363) ($101,363) 47.5 Transfer funds from the Consumer Protection and Assistance program to reflect actual expenditures. State General Funds $16,000 $16,000 $16,000 $16,000 47.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,901) ($1,901) ($1,901) 47.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities program to align the program structure with the Department's service delivery model. State General Funds $153,096 $153,096 $153,096 $153,096 47.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,056,421 $2,065,224 $2,133,310 State General Funds $2,056,421 $2,065,224 $2,133,310 TOTAL PUBLIC FUNDS $2,056,421 $2,065,224 $2,133,310 $2,133,310 $2,133,310 $2,133,310 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 48.1 Defer the FY09 cost of living adjustment. $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 $7,757,393 State General Funds ($87,276) ($87,276) ($87,276) ($87,276) 48.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) FRIDAY, APRIL 3, 2009 4693 State General Funds ($285,226) ($246,476) $0 $0 48.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $43,680 $43,680 $43,680 $43,680 48.4 Reduce funds for one-time information systems controls improvements. State General Funds ($52,900) ($52,900) ($52,900) ($52,900) 48.5 Reduce funds and consolidate the Douglas and Valdosta field offices into one central office in Tifton. State General Funds ($22,593) ($22,593) ($22,593) ($22,593) 48.6 Transfer funds from the Consumer Protection and Assistance program for one legal and consumer affairs specialist. State General Funds $147,127 $147,127 $147,127 $147,127 48.98 Transfer funds and activities from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to align the program structure with the Department's service delivery model. State General Funds $127,264 $127,264 $127,264 $127,264 48.99 CC: The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory agencies on examination findings. Senate: The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory agencies on examination findings. State General Funds $0 $0 48.100-Financial Institution Supervision Appropriation (HB 119) The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory agencies on examination findings. TOTAL STATE FUNDS $7,627,469 $7,666,219 $7,912,695 $7,912,695 4694 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $7,627,469 $7,627,469 $7,666,219 $7,666,219 $7,912,695 $7,912,695 $7,912,695 $7,912,695 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 49.1 Defer the FY09 cost of living adjustment. $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 $1,840,251 State General Funds ($18,078) ($18,078) ($18,078) ($18,078) 49.98 Transfer all funds and activities to the Non-Depository Financial Institution Supervision program. State General Funds ($1,822,173) ($1,765,054) ($1,822,173) ($1,822,173) 49.100-Mortgage Supervision Appropriation (HB 119) 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 $57,119 State General Funds $57,119 TOTAL PUBLIC FUNDS $57,119 Non-Depository Financial Institution Supervision Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 505.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,207 $1,207 $1,207 $1,207 505.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) FRIDAY, APRIL 3, 2009 4695 State General Funds ($76,149) ($65,804) $0 $0 505.3 Transfer funds from the Consumer Protection and Assistance program. State General Funds $8,000 $8,000 $8,000 $8,000 505.4 Transfer funds for three positions from the Chartering, Licensing and Applications/Non-Mortgage Entities program. State General Funds $264,059 $264,059 $264,059 $264,059 505.98 Transfer all funds and activities from the Mortgage Supervision program. State General Funds $1,822,173 $1,765,054 $1,822,173 $1,822,173 505.99 CC: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. Senate: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. House: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. Gov Rev: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. State General Funds $0 $0 $0 $0 505.100-Non-Depository Financial Institution Supervision Appropriation (HB 119) The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. TOTAL STATE FUNDS $2,019,290 $1,972,516 $2,095,439 $2,095,439 State General Funds $2,019,290 $1,972,516 $2,095,439 $2,095,439 TOTAL PUBLIC FUNDS $2,019,290 $1,972,516 $2,095,439 $2,095,439 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $787,659,273 $787,659,273 $787,659,273 $787,659,273 4696 JOURNAL OF THE SENATE State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $777,404,135 $10,255,138 $170,139,340 $13,130,623 $21,664,496 $21,503,066 $59,700,314 $30,636,459 $23,504,382 $191,805,444 $4,515,349 $148,000 $490,000 $218,121 $186,433,974 $5,347,888 $5,237,537 $110,351 $1,154,951,945 $777,404,135 $10,255,138 $170,139,340 $13,130,623 $21,664,496 $21,503,066 $59,700,314 $30,636,459 $23,504,382 $191,805,444 $4,515,349 $148,000 $490,000 $218,121 $186,433,974 $5,347,888 $5,237,537 $110,351 $1,154,951,945 $777,404,135 $10,255,138 $170,139,340 $13,130,623 $21,664,496 $21,503,066 $59,700,314 $30,636,459 $23,504,382 $191,805,444 $4,515,349 $148,000 $490,000 $218,121 $186,433,974 $5,347,888 $5,237,537 $110,351 $1,154,951,945 $777,404,135 $10,255,138 $170,139,340 $13,130,623 $21,664,496 $21,503,066 $59,700,314 $30,636,459 $23,504,382 $191,805,444 $4,515,349 $148,000 $490,000 $218,121 $186,433,974 $5,347,888 $5,237,537 $110,351 $1,154,951,945 Section Total - Final TOTAL STATE FUNDS $671,780,242 $674,665,709 State General Funds $661,525,104 $664,410,571 Tobacco Settlement Funds $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $225,496,051 $233,412,268 Community Mental Health Services Block Grant CFDA93.958 $13,130,623 $13,130,623 Federal Funds Not Itemized $21,694,859 $21,694,859 Medical Assistance Program CFDA93.778 $80,203,308 $82,983,291 Prevention & Treatment of Substance Abuse Grant CFDA93.959$59,700,314 $59,700,314 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $20,130,488 $25,266,722 TOTAL AGENCY FUNDS $191,808,359 $193,535,807 Contributions, Donations, and Forfeitures $4,515,349 $4,515,349 $701,130,399 $690,875,261 $10,255,138 $235,877,797 $13,130,623 $21,694,859 $90,173,820 $59,700,314 $30,636,459 $20,541,722 $191,808,359 $4,515,349 $700,680,399 $690,425,261 $10,255,138 $235,877,797 $13,130,623 $21,694,859 $90,173,820 $59,700,314 $30,636,459 $20,541,722 $191,808,359 $4,515,349 FRIDAY, APRIL 3, 2009 4697 Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $148,000 $490,000 $221,036 $186,433,974 $5,347,888 $5,237,537 $110,351 $1,094,432,540 $148,000 $2,217,448 $221,036 $186,433,974 $5,347,888 $5,237,537 $110,351 $1,106,961,672 $148,000 $490,000 $221,036 $186,433,974 $5,347,888 $5,237,537 $110,351 $1,134,164,443 $148,000 $490,000 $221,036 $186,433,974 $5,347,888 $5,237,537 $110,351 $1,133,714,443 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 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 173.1 Defer the FY09 cost of living adjustment. $47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448 $47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448 $47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448 $47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448 State General Funds ($525,607) ($525,607) ($525,607) ($525,607) 173.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the 4698 JOURNAL OF THE SENATE cost of the plan) State General Funds ($1,888,392) ($1,703,054) $0 $0 173.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,380 $1,380 $1,380 $1,380 173.4 Reduce and defer funds received in HB990 (FY09G) for the Bridges of Hope. State General Funds ($12,000) ($12,000) ($12,000) ($12,000) 173.5 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($61,117) ($61,117) ($61,117) ($61,117) 173.6 Reduce and defer funds received in HB990 (FY09G) for Hope House, Inc. ("The Highland West" location) for the expansion of substance abuse and outpatient behavioral health services. State General Funds ($350,000) ($350,000) ($350,000) ($350,000) 173.7 Reduce funds from the United Way Regional Commission for addictive disease services at the Gateway Center in Atlanta. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 173.8 Eliminate funds for opioid maintenance therapy. State General Funds ($1,568,628) ($1,568,628) ($1,568,628) ($1,568,628) 173.9 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program. State General Funds ($119,388) ($119,388) ($119,388) ($119,388) 173.10 Reduce funds from supported employment for non-medically necessary services and sustain the program through federal funding. State General Funds ($301,476) ($301,476) ($301,476) ($301,476) 173.11 Reduce funds from new provider training and quality compliance audits. State General Funds ($49,000) ($49,000) ($49,000) ($49,000) 173.12 Reduce funds from outdoor therapeutic programs by eliminating the contracts with Westcare Georgia and the River Edge Community Service Board (CSB) that provide specific treatment services and interventions for methamphetamine addiction in seventeen counties. State General Funds ($1,000,000) ($500,000) ($1,000,000) ($1,000,000) 173.13 Reduce funds from core and specialty services. FRIDAY, APRIL 3, 2009 4699 State General Funds ($1,271,318) ($1,271,318) ($1,271,318) ($1,271,318) 173.14 Reduce funds from various contracts. State General Funds ($417,000) ($417,000) ($417,000) ($417,000) 173.15 Reduce funds. (H:Partially restore funds) Temporary Assistance for Needy Families Grant CFDA93.558 ($4,377,600) ($665,100) ($4,377,600) ($4,377,600) 173.98 CC: The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers. Senate: The purpose of this appropriation is to assist adults in the safe withdrawal from addictions including methamphetamine, and other abused substances through detoxification services, HIV early intervention, crisis and access lines, residential and family assistance, supported employment, and outpatient care. The purpose of the appropriation is also to provide treatment for compulsive gambling. State General Funds $0 $0 173.100-Adult Addictive Diseases Services Appropriation (HB 119) The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers. TOTAL STATE FUNDS $40,328,701 $41,014,039 $42,217,093 $42,217,093 State General Funds $40,328,701 $41,014,039 $42,217,093 $42,217,093 TOTAL FEDERAL FUNDS $47,484,698 $51,197,198 $47,484,698 $47,484,698 Prevention & Treatment of Substance Abuse Grant CFDA93.959$29,988,615 $29,988,615 $29,988,615 $29,988,615 Temporary Assistance for Needy Families $17,496,083 $21,208,583 $17,496,083 $17,496,083 Temporary Assistance for Needy Families Grant CFDA93.558 $17,496,083 $21,208,583 $17,496,083 $17,496,083 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 $88,638,302 $93,036,140 $90,526,694 $90,526,694 4700 JOURNAL OF THE SENATE 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 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 174.1 Defer the FY09 cost of living adjustment. $204,977,518 $194,722,380 $10,255,138 $45,031,225 $422,008 $13,561,524 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829 $204,977,518 $194,722,380 $10,255,138 $45,031,225 $422,008 $13,561,524 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829 $204,977,518 $194,722,380 $10,255,138 $45,031,225 $422,008 $13,561,524 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829 $204,977,518 $194,722,380 $10,255,138 $45,031,225 $422,008 $13,561,524 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829 State General Funds ($1,507,563) ($1,507,563) ($1,507,563) ($1,507,563) 174.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($5,416,356) ($4,884,763) $0 $0 174.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $92,502 $92,502 $92,502 $92,502 174.4 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership. State General Funds ($401,367) ($401,367) ($401,367) ($401,367) FRIDAY, APRIL 3, 2009 4701 174.5 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($13,403) ($13,403) ($13,403) ($13,403) 174.6 Reduce and defer funds received in HB990 (FY09G) for Oral Health Resources. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 174.7 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages (FMAP) due to increased federal participation. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,878,492) ($1,878,492) $1,878,492 $0 ($1,878,492) $1,878,492 $0 ($1,878,492) $1,878,492 $0 174.8 Reduce funds received in HB990 (FY09G) for 135 Mental Retardation Waiver Program slots. (S and CC:Restore funds for slots and reflect increased FMAP rate) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($2,795,820) ($5,180,843) ($7,976,663) ($2,795,820) ($5,180,843) ($7,976,663) ($787,296) $787,296 $0 ($787,296) $787,296 $0 174.9 Increase funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program. State General Funds $1,981,474 $1,981,474 $1,981,474 $1,981,474 174.10 Reduce funds from various contracts. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 174.11 Replace funds with the new provider fees raised by the Department of Community Health to annualize the provider rate increase received in HB990 (FY09G) for waiver services. (Gov Rev, S, and CC:Reduce by $1,433,784 and do not annualize the provider rate increase for waiver services due to the revised revenue estimate) State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS ($716,892) $0 ($716,892) ($716,892) $1,433,784 $716,892 ($716,892) $0 ($716,892) ($716,892) $0 ($716,892) 174.12 Increase funds to annualize the cost of 365 waiver slots on the Mental Retardation Waiver Program waiting list. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $2,509,915 $514,079 $3,023,994 $2,509,915 $0 $2,509,915 $2,509,915 $0 $2,509,915 $2,509,915 $0 $2,509,915 174.13 Reduce funds designated to purchase vehicles. State General Funds ($962,957) ($962,957) ($962,957) ($962,957) 4702 JOURNAL OF THE SENATE 174.14 Reduce funds. (H and S:Restore funds) Temporary Assistance for Needy Families Grant CFDA93.558 ($411,234) $0 $0 $0 174.15 Reduce funds to reflect the revised revenue estimate. (S and CC:Restore funds for Rockdale Cares) State General Funds ($2,860,789) ($3,319,620) ($3,269,206) ($3,269,206) 174.16 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($31,622,732) $31,622,732 $0 ($31,622,732) $31,622,732 $0 ($31,622,732) $31,622,732 $0 ($31,622,732) $31,622,732 $0 174.98 CC: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. Senate: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors. State General Funds $0 $0 174.100-Adult Developmental Disabilities Services Appropriation (HB 119) The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. TOTAL STATE FUNDS $160,835,038 $160,907,800 $167,851,501 $167,851,501 State General Funds $150,579,900 $150,652,662 $157,596,363 $157,596,363 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $71,575,959 $73,351,606 $79,319,745 $79,319,745 Federal Funds Not Itemized $422,008 $422,008 $422,008 $422,008 Medical Assistance Program CFDA93.778 $40,517,492 $41,881,905 $47,850,044 $47,850,044 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $411,234 $411,234 $411,234 FRIDAY, APRIL 3, 2009 4703 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS $79,164,086 Intergovernmental Transfers Provider Fee Transfers from Dept of Community Health Sales and Services $79,164,086 Sales and Services Not Itemized $79,164,086 TOTAL PUBLIC FUNDS $311,575,083 $411,234 $80,597,870 $1,433,784 $1,433,784 $79,164,086 $79,164,086 $314,857,276 $411,234 $79,164,086 $79,164,086 $79,164,086 $326,335,332 $411,234 $79,164,086 $79,164,086 $79,164,086 $326,335,332 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 176.1 Defer the FY09 cost of living adjustment. $46,249,924 $46,249,924 $1,115,408 $1,115,408 $275,085 $275,085 $275,085 $47,640,417 $46,249,924 $46,249,924 $1,115,408 $1,115,408 $275,085 $275,085 $275,085 $47,640,417 $46,249,924 $46,249,924 $1,115,408 $1,115,408 $275,085 $275,085 $275,085 $47,640,417 $46,249,924 $46,249,924 $1,115,408 $1,115,408 $275,085 $275,085 $275,085 $47,640,417 State General Funds ($652,518) ($652,518) ($652,518) ($652,518) 176.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,344,359) ($2,114,270) $0 $0 176.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,674 $2,674 $2,674 $2,674 176.4 Reduce funds by eliminating two vacant forensic diversion coordinator positions. 4704 JOURNAL OF THE SENATE State General Funds ($225,000) ($225,000) ($225,000) ($225,000) 176.5 Reduce funds by eliminating two vacant forensic evaluator positions and associated travel expenses. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 176.6 Reduce funds received in HB95 (FY08G) and defer the planned expansion of the forensic telemedicine pilot project. State General Funds ($95,040) ($95,040) ($95,040) ($95,040) 176.98 CC: The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. Senate: The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors. State General Funds $0 $0 176.100-Adult Forensic Services Appropriation (HB 119) The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. TOTAL STATE FUNDS $42,685,681 $42,915,770 $45,030,040 $45,030,040 State General Funds $42,685,681 $42,915,770 $45,030,040 $45,030,040 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 $275,085 $275,085 $275,085 $275,085 Sales and Services $275,085 $275,085 $275,085 $275,085 Sales and Services Not Itemized $275,085 $275,085 $275,085 $275,085 TOTAL PUBLIC FUNDS $44,076,174 $44,306,263 $46,420,533 $46,420,533 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. FRIDAY, APRIL 3, 2009 4705 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 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 177.1 Defer the FY09 cost of living adjustment. $237,141,537 $237,141,537 $19,424,756 $6,620,728 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $262,475,550 $237,141,537 $237,141,537 $19,424,756 $6,620,728 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $262,475,550 $237,141,537 $237,141,537 $19,424,756 $6,620,728 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $262,475,550 $237,141,537 $237,141,537 $19,424,756 $6,620,728 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $262,475,550 State General Funds ($1,982,680) ($1,982,680) ($1,982,680) ($1,982,680) 177.2 Defer structure adjustments to the statewide salary plan. State General Funds ($107,233) ($107,233) ($107,233) ($107,233) 177.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($7,123,352) ($6,424,224) $0 $0 177.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $20,845 $20,845 $20,845 $20,845 177.5 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities, and Addictive Disease (MHDDAD) providers. State General Funds ($201,000) ($201,000) ($201,000) ($201,000) 4706 JOURNAL OF THE SENATE 177.6 Eliminate funds for Employee Mentoring, an internship program for people with mental illness working with MHDDAD. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 177.7 Reduce funds by not initiating the Central Navigation Website. State General Funds ($240,000) ($240,000) ($240,000) ($240,000) 177.8 Reduce funds for training for mental illness, developmental disabilities, and addictive diseases. State General Funds ($174,030) ($174,030) ($174,030) ($174,030) 177.9 Eliminate funds for the Family-to-Family Program in metropolitan Atlanta. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 177.10 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($91,676) $0 $0 $0 177.11 Reduce funds from the United Way Regional Commission for mental health services. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 177.12 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program. State General Funds ($762,624) ($762,624) ($762,624) ($762,624) 177.13 Reduce funds from supported employment for non-medically necessary services and sustain the program through available federal funds. State General Funds ($2,973,337) ($2,973,337) ($2,973,337) ($2,973,337) 177.14 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($510,154) ($510,154) $510,154 $0 ($510,154) $510,154 $0 ($510,154) $510,154 $0 177.15 Reduce funds designated to purchase vehicles. State General Funds ($157,500) ($157,500) ($157,500) ($157,500) 177.16 Reduce funds. (H:Partially restore funds) Temporary Assistance for Needy Families Grant CFDA93.558 ($1,219,465) ($206,965) ($1,219,465) ($1,219,465) 177.17 Reduce funds from new provider training and quality compliance audits. State General Funds ($107,500) ($107,500) ($107,500) ($107,500) FRIDAY, APRIL 3, 2009 4707 177.18 Reduce funds from various contracts. State General Funds ($1,673,065) ($1,673,065) ($1,673,065) ($1,673,065) 177.19 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,270,993) ($1,714,121) ($1,714,121) ($1,714,121) 177.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($13,539,260) $13,539,260 $0 ($13,539,260) $13,539,260 $0 ($13,539,260) $13,539,260 $0 ($13,539,260) $13,539,260 $0 177.21 Transfer funds from the Injury Prevention program for suicide prevention activities. State General Funds $200,000 $200,000 177.98 CC: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. Senate: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors. State General Funds $0 $0 177.100-Adult Mental Health Services Appropriation (HB 119) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. TOTAL STATE FUNDS $203,942,978 $206,290,654 $212,914,878 $212,914,878 State General Funds $203,942,978 $206,290,654 $212,914,878 $212,914,878 TOTAL FEDERAL FUNDS $31,744,551 $33,267,205 $32,254,705 $32,254,705 Community Mental Health Services Block Grant CFDA93.958 $6,620,728 $6,620,728 $6,620,728 $6,620,728 Federal Funds Not Itemized $11,491,538 $11,491,538 $11,491,538 $11,491,538 Medical Assistance Program CFDA93.778 $13,632,285 $14,142,439 $14,142,439 $14,142,439 Temporary Assistance for Needy Families $1,012,500 4708 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS $5,909,257 Contributions, Donations, and Forfeitures $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 Sales and Services $5,383,257 Sales and Services Not Itemized $5,383,257 TOTAL PUBLIC FUNDS $241,596,786 $1,012,500 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $245,467,116 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $251,078,840 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $251,078,840 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 $2,383,183 State General Funds $2,383,183 $2,383,183 $2,383,183 $2,383,183 TOTAL AGENCY FUNDS $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services Not Itemized $9,012,772 $9,012,772 $9,012,772 $9,012,772 TOTAL PUBLIC FUNDS $11,395,955 $11,395,955 $11,395,955 $11,395,955 178.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $680 $680 $680 $680 178.100-Adult Nursing Home Services Appropriation (HB 119) The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,383,863 $2,383,863 $2,383,863 $2,383,863 State General Funds $2,383,863 $2,383,863 $2,383,863 $2,383,863 TOTAL AGENCY FUNDS $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services $9,012,772 $9,012,772 $9,012,772 $9,012,772 Sales and Services Not Itemized $9,012,772 $9,012,772 $9,012,772 $9,012,772 TOTAL PUBLIC FUNDS $11,396,635 $11,396,635 $11,396,635 $11,396,635 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 FRIDAY, APRIL 3, 2009 4709 and promote a transition to productive living. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS 180.1 Defer the FY09 cost of living adjustment. $9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017 $9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017 $9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017 $9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017 State General Funds ($161,308) ($161,308) ($161,308) ($161,308) 180.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($579,546) ($522,666) $0 $0 180.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,078 $1,078 $1,078 $1,078 180.4 Reduce funds from various contracts. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 180.5 Reduce funds from training and quality compliance audits. State General Funds ($22,500) ($22,500) ($22,500) ($22,500) 180.6 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 180.7 Eliminate funds for parolee outpatient services. State General Funds ($1,180,145) ($1,180,145) ($1,180,145) ($1,180,145) 180.8 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds Medical Assistance Program CFDA93.778 ($921) ($921) $921 ($921) $921 ($921) $921 4710 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $0 $0 $0 180.9 Reduce funds by suspending the planned expansion of clubhouse programs. State General Funds ($3,273,822) ($3,273,822) ($3,273,822) ($3,273,822) 180.10 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($40,745) ($40,745) ($40,745) ($40,745) 180.11 Reduce funds from child and adolescent substance abuse core services. State General Funds ($551,986) ($551,986) ($551,986) ($551,986) 180.100-Child and Adolescent Addictive Diseases Services Appropriation (HB 119) 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 $2,510,868 $2,567,748 $3,090,414 $3,090,414 State General Funds $2,510,868 $2,567,748 $3,090,414 $3,090,414 TOTAL FEDERAL FUNDS $9,733,254 $9,734,175 $9,734,175 $9,734,175 Medical Assistance Program CFDA93.778 $921 $921 $921 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $9,733,254 $9,733,254 $9,733,254 $9,733,254 TOTAL PUBLIC FUNDS $12,244,122 $12,301,923 $12,824,589 $12,824,589 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 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 181.1 Defer the FY09 cost of living adjustment. $20,819,083 $20,819,083 $6,000,595 $157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359 $20,819,083 $20,819,083 $6,000,595 $157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359 $20,819,083 $20,819,083 $6,000,595 $157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359 $20,819,083 $20,819,083 $6,000,595 $157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359 State General Funds ($139,370) ($139,370) ($139,370) ($139,370) FRIDAY, APRIL 3, 2009 4711 181.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($500,727) ($451,583) $0 $0 181.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $7,023 $7,023 $7,023 $7,023 181.4 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership. State General Funds ($109,167) ($109,167) ($109,167) ($109,167) 181.5 Replace funds with new provider fees raised by the Department of Community Health to annualize the provider rate increase for waiver services. (Gov Rev, S, and CC:Reduce by $293,663 and do not annualize the provider rate increase for waiver services due to the revised revenue estimate change) State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS ($146,832) $0 ($146,832) ($146,832) $293,664 $146,832 ($146,832) $0 ($146,832) ($146,832) $0 ($146,832) 181.6 Reduce and defer funds received in HB990 (FY09G) for the Marcus Institute. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($500,000) ($500,000) ($1,000,000) $0 ($250,000) ($200,000) $0 $0 $0 $0 ($250,000) ($200,000) 181.7 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($132,477) ($132,477) $132,477 $0 ($132,477) $132,477 $0 ($132,477) $132,477 $0 181.8 Reduce and defer funds received HB990 (FY09G) for the Matthew Reardon Center. State General Funds ($200,000) $0 ($100,000) ($100,000) 181.9 Reduce funds received in HB990 (FY09G) for 135 slots for consumers on the Mental Retardation Waiver Program (MRWP) 4712 JOURNAL OF THE SENATE waiting list. (S and CC:Restore funds for slots and reflect increased FMAP rate) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($572,638) ($1,061,136) ($1,633,774) ($572,638) ($1,061,136) ($1,633,774) ($161,254) $161,254 $0 ($161,254) $161,254 $0 181.10 Increase funds to annualize the cost of 365 Mental Retardation Waiver Program slots for the Money Follows the Person program. State General Funds $514,079 $514,079 $514,079 $514,079 181.11 Increase funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program. State General Funds $405,844 $405,844 $405,844 $405,844 181.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($222,502) ($2,071,860) ($2,071,860) ($2,071,860) 181.13 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($11,120,791) $11,120,791 $0 ($11,120,791) $11,120,791 $0 ($11,120,791) $11,120,791 $0 ($11,120,791) $11,120,791 $0 181.100-Child and Adolescent Developmental Disabilities Appropriation (HB 119) 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 $8,101,525 $7,001,311 $7,514,278 $7,564,278 State General Funds $8,101,525 $7,001,311 $7,514,278 $7,564,278 TOTAL FEDERAL FUNDS $15,560,250 $16,192,727 $17,415,117 $17,415,117 Federal Funds Not Itemized $157,113 $157,113 $157,113 $157,113 Medical Assistance Program CFDA93.778 $15,403,137 $16,035,614 $17,258,004 $17,258,004 TOTAL AGENCY FUNDS $3,722,681 $4,016,345 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures $3,722,681 $3,722,681 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures Not Itemized $3,722,681 $3,722,681 $3,722,681 $3,722,681 Intergovernmental Transfers $293,664 Provider Fee Transfers from Dept of Community Health $293,664 TOTAL PUBLIC FUNDS $27,384,456 $27,210,383 $28,652,076 $28,702,076 FRIDAY, APRIL 3, 2009 4713 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 182.1 Defer the FY09 cost of living adjustment. $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 $3,103,859 State General Funds ($22,687) ($22,687) ($22,687) ($22,687) 182.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($81,507) ($73,507) $0 $0 182.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,158 $1,158 $1,158 $1,158 182.100-Child and Adolescent Forensic Services Appropriation (HB 119) 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 $3,000,823 $3,008,823 $3,082,330 $3,082,330 State General Funds $3,000,823 $3,008,823 $3,082,330 $3,082,330 TOTAL PUBLIC FUNDS $3,000,823 $3,008,823 $3,082,330 $3,082,330 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 $90,721,809 $90,721,809 $8,677,415 $90,721,809 $90,721,809 $8,677,415 $90,721,809 $90,721,809 $8,677,415 $90,721,809 $90,721,809 $8,677,415 4714 JOURNAL OF THE SENATE 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 Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS 183.1 Defer the FY09 cost of living adjustment. $6,509,895 $162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $150,787,896 $6,509,895 $162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $150,787,896 $6,509,895 $162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $150,787,896 $6,509,895 $162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318 $192,354 $82,003 $82,003 $110,351 $110,351 $150,787,896 State General Funds ($453,614) ($453,614) ($453,614) ($453,614) 183.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,629,738) ($1,469,786) $0 $0 183.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $8,498 $8,498 $8,498 $8,498 183.4 Reduce funds and utilize agency funds for the transition of consumers from four state-operated community homes to the community. State General Funds ($1,734,000) ($1,734,000) ($1,734,000) ($1,734,000) 183.5 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities and Addictive Diseases (MHDDAD) providers. State General Funds Medical Assistance Program CFDA93.778 ($84,000) ($89,000) ($84,000) ($84,000) ($84,000) ($84,000) ($84,000) ($84,000) FRIDAY, APRIL 3, 2009 4715 TOTAL PUBLIC FUNDS ($173,000) ($168,000) ($168,000) ($168,000) 183.6 Reduce funds by eliminating trauma training for clinicians and provider training on standards of practice and quality service delivery. State General Funds ($44,315) ($44,315) ($44,315) ($44,315) 183.7 Reduce funds by cancelling the planned expansion of summer recreational programs for youth with serious emotional disturbances. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 183.8 Reduce funds from the United Way Regional Commission for mental health services. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 183.9 Reduce funds and eliminate the contract with a short-term residential community service provider in Rome that has not opened due to the inability to secure a psychiatrist. State General Funds ($723,873) ($723,873) ($723,873) ($723,873) 183.10 Defer funds for projected Medicaid rate increases. State General Funds ($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000) 183.11 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community. State General Funds ($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000) 183.12 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($168,379) ($168,379) $168,379 $0 ($168,379) $168,379 $0 ($168,379) $168,379 $0 183.13 Reduce funds from various contracts. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 183.14 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line. State General Funds ($61,117) ($61,117) ($61,117) ($61,117) 183.15 Reduce funds and utilize agency funds for the transition of child and adolescent residential services. State General Funds ($2,411,355) ($2,411,355) ($2,411,355) ($2,411,355) 183.16 Reduce funds designated for purchase vehicles. State General Funds ($29,250) ($29,250) ($29,250) ($29,250) 4716 JOURNAL OF THE SENATE 183.17 Reduce funds and utilize agency funds for the transition of child and adolescent services in the Outdoor Therapeutic Program. State General Funds ($4,004,336) ($4,004,336) ($4,004,336) ($4,004,336) 183.18 Reduce funds from new provider training and quality compliance audits. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($597,000) ($42,000) ($639,000) ($597,000) ($47,000) ($644,000) ($597,000) ($47,000) ($644,000) ($597,000) ($47,000) ($644,000) 183.19 Reduce funds to reflect the revised revenue estimate. State General Funds ($751,317) ($751,317) $0 $0 183.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($8,776,359) $8,776,359 $0 ($8,776,359) $8,776,359 $0 ($8,776,359) $8,776,359 $0 ($8,776,359) $8,776,359 $0 183.21 Transfer funds from the Injury Prevention program for suicide prevention activities. State General Funds $200,000 $200,000 183.100-Child and Adolescent Mental Health Services Appropriation (HB 119) 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 $62,136,654 $62,296,606 $64,717,709 $64,717,709 State General Funds $62,136,654 $62,296,606 $64,717,709 $64,717,709 TOTAL FEDERAL FUNDS $17,322,774 $17,491,153 $17,491,153 $17,491,153 Community Mental Health Services Block Grant CFDA93.958 $6,509,895 $6,509,895 $6,509,895 $6,509,895 Federal Funds Not Itemized $162,485 $162,485 $162,485 $162,485 Medical Assistance Program CFDA93.778 $10,650,394 $10,818,773 $10,818,773 $10,818,773 TOTAL AGENCY FUNDS $51,196,318 $51,196,318 $51,196,318 $51,196,318 Sales and Services $51,196,318 $51,196,318 $51,196,318 $51,196,318 Sales and Services Not Itemized $51,196,318 $51,196,318 $51,196,318 $51,196,318 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $192,354 $192,354 $192,354 $192,354 State Funds Transfers $82,003 $82,003 $82,003 $82,003 Agency to Agency Contracts $82,003 $82,003 $82,003 $82,003 FRIDAY, APRIL 3, 2009 4717 Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $110,351 $110,351 $130,848,100 $110,351 $110,351 $131,176,431 $110,351 $110,351 $133,597,534 $110,351 $110,351 $133,597,534 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 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 188.1 Defer the FY09 cost of living adjustment. $122,634,924 $122,634,924 $3,205,526 $3,205,526 $41,506,342 $266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326 $122,634,924 $122,634,924 $3,205,526 $3,205,526 $41,506,342 $266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326 $122,634,924 $122,634,924 $3,205,526 $3,205,526 $41,506,342 $266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326 $122,634,924 $122,634,924 $3,205,526 $3,205,526 $41,506,342 $266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326 State General Funds ($2,205,756) ($2,205,756) ($2,205,756) ($2,205,756) 188.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($4,185,982) ($3,775,145) $0 $0 188.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 4718 JOURNAL OF THE SENATE State General Funds $245,011 $245,011 $245,011 $245,011 188.4 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($103,639) ($103,639) $103,639 $0 ($103,639) $103,639 $0 ($103,639) $103,639 $0 188.5 Reduce funds designated to purchase vehicles. State General Funds ($135,164) ($135,164) ($135,164) ($135,164) 188.98 CC: The purpose of this appropriation is to operate seven state-owned and operated hospitals. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. Senate: The purpose of this appropriation is to operate seven state-owned and operated hospitals. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state-owned and operated hospital to a private vendor or vendors. State General Funds $0 $0 188.100-Direct Care and Support Services Appropriation (HB 119) The purpose of this appropriation is to operate seven state-owned and operated hospitals. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. TOTAL STATE FUNDS $116,249,394 $116,660,231 $120,435,376 $120,435,376 State General Funds $116,249,394 $116,660,231 $120,435,376 $120,435,376 TOTAL FEDERAL FUNDS $3,205,526 $3,309,165 $3,309,165 $3,309,165 Federal Funds Not Itemized $3,205,526 $3,205,526 $3,205,526 $3,205,526 Medical Assistance Program CFDA93.778 $103,639 $103,639 $103,639 TOTAL AGENCY FUNDS $41,506,342 $41,506,342 $41,506,342 $41,506,342 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 $41,091,674 $41,091,674 $41,091,674 $41,091,674 Sales and Services Not Itemized $41,091,674 $41,091,674 $41,091,674 $41,091,674 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 $5,155,534 $5,155,534 FRIDAY, APRIL 3, 2009 4719 State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $5,155,534 $5,155,534 $166,116,796 $5,155,534 $5,155,534 $166,631,272 $5,155,534 $5,155,534 $170,406,417 $5,155,534 $5,155,534 $170,406,417 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 209.1 Defer the FY09 cost of living adjustment. $1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445 $194,000 $194,000 $194,000 $24,325,818 $1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445 $194,000 $194,000 $194,000 $24,325,818 $1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445 $194,000 $194,000 $194,000 $24,325,818 $1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445 $194,000 $194,000 $194,000 $24,325,818 State General Funds ($46,541) ($46,541) ($46,541) ($46,541) 209.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds $0 $0 $0 $0 209.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $694 $694 $694 $694 209.4 Reduce funds designated for the purchase of supplies and other expenses. State General Funds ($233,126) ($233,126) ($233,126) ($233,126) 209.5 Reduce funds by shifting nine positions to federal funds. 4720 JOURNAL OF THE SENATE State General Funds ($838,172) ($838,172) ($838,172) ($838,172) 209.100-Substance Abuse Prevention Appropriation (HB 119) 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 $121,627 $121,627 $121,627 $121,627 State General Funds $121,627 $121,627 $121,627 $121,627 TOTAL FEDERAL FUNDS $22,893,046 $22,893,046 $22,893,046 $22,893,046 Federal Funds Not Itemized $2,914,601 $2,914,601 $2,914,601 $2,914,601 Prevention & Treatment of Substance Abuse Grant CFDA93.959$19,978,445 $19,978,445 $19,978,445 $19,978,445 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 $23,208,673 $23,208,673 $23,208,673 $23,208,673 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 216.1 Defer the FY09 cost of living adjustment. $70,917 $70,917 $2,195,817 $2,195,817 $2,266,734 $70,917 $70,917 $2,195,817 $2,195,817 $2,266,734 $70,917 $70,917 $2,195,817 $2,195,817 $2,266,734 $70,917 $70,917 $2,195,817 $2,195,817 $2,266,734 State General Funds ($10,655) ($10,655) ($10,655) ($10,655) 216.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,350) ($2,031) $0 $0 FRIDAY, APRIL 3, 2009 4721 216.3 Reduce funds from operations. State General Funds 216.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,698) ($333) ($3,698) ($333) ($3,698) ($333) ($3,698) ($333) 216.100-Developmental Disabilities, Governor's Council on Appropriation (HB 119) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $53,881 $54,200 $56,231 $56,231 State General Funds $53,881 $54,200 $56,231 $56,231 TOTAL FEDERAL FUNDS $2,195,817 $2,195,817 $2,195,817 $2,195,817 Federal Funds Not Itemized $2,195,817 $2,195,817 $2,195,817 $2,195,817 TOTAL PUBLIC FUNDS $2,249,698 $2,250,017 $2,252,048 $2,252,048 Sexual Offender Review Board Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 218.1 Defer the FY09 cost of living adjustment. $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 $955,737 State General Funds ($1,538) ($1,538) ($1,538) ($1,538) 218.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($12,024) ($10,390) $0 $0 218.3 Reduce funds from operations. State General Funds ($38,980) ($38,980) ($38,980) ($38,980) 4722 JOURNAL OF THE SENATE 218.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,111) ($9,111) ($9,111) ($9,111) 218.100-Sexual Offender Review Board Appropriation (HB 119) 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 $894,084 $895,718 $906,108 $906,108 State General Funds $894,084 $895,718 $906,108 $906,108 TOTAL PUBLIC FUNDS $894,084 $895,718 $906,108 $906,108 Departmental Administration-Behavioral Health Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 502.1 Defer the FY09 cost of living adjustment for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds ($300,289) ($300,289) ($300,289) ($300,289) 502.2 Defer structure adjustments to the statewide salary plan for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds ($33,528) ($33,528) ($33,528) ($33,528) 502.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases) State General Funds ($1,307,741) ($1,179,392) $0 $0 502.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds $236,570 $236,570 $236,570 $236,570 502.5 Reduce funds by 6% for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. FRIDAY, APRIL 3, 2009 4723 State General Funds ($1,369,146) ($1,369,146) ($1,369,146) ($1,369,146) 502.6 Reduce funds to reflect the revised revenue estimate for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds ($300,009) ($300,009) ($300,009) ($300,009) 502.7 Reduce funds from the Office of Investigative Services and Inspector General. State General Funds ($82,240) $0 $0 502.8 Reduce merit system assessments from $147 to $137 per position for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. State General Funds ($33,915) ($33,915) ($33,915) 502.9 Increase funds for start-up costs for new information technology systems. State General Funds $1,000,000 $500,000 502.98 Transfer funds and activities related to the administration of Mental Health, Addictive Diseases, and Developmental Disabilities from the Departmental Administration program. State General Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $31,609,268 $30,363 $2,634,405 $2,915 $34,276,951 $31,609,268 $30,363 $2,634,405 $2,915 $34,276,951 $31,609,268 $30,363 $2,634,405 $2,915 $34,276,951 $31,609,268 $30,363 $2,634,405 $2,915 $34,276,951 502.99 CC: The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. Senate: The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. State General Funds $0 $0 502.100-Departmental Administration-Behavioral Health Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. TOTAL STATE FUNDS $28,535,125 $28,547,319 $30,808,951 $30,308,951 State General Funds $28,535,125 $28,547,319 $30,808,951 $30,308,951 TOTAL FEDERAL FUNDS $2,664,768 $2,664,768 $2,664,768 $2,664,768 Federal Funds Not Itemized $30,363 $30,363 $30,363 $30,363 4724 JOURNAL OF THE SENATE Temporary Assistance for Needy Families $2,634,405 Temporary Assistance for Needy Families Grant CFDA93.558 $2,634,405 TOTAL AGENCY FUNDS $2,915 Rebates, Refunds, and Reimbursements $2,915 Rebates, Refunds, and Reimbursements Not Itemized $2,915 TOTAL PUBLIC FUNDS $31,202,808 $2,634,405 $2,634,405 $2,915 $2,915 $2,915 $31,215,002 $2,634,405 $2,634,405 $2,915 $2,915 $2,915 $33,476,634 $2,634,405 $2,634,405 $2,915 $2,915 $2,915 $32,976,634 Section 16: Community Affairs, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 $100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 $100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 $100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288 $100,000 $14,398,524 $3,475,083 $8,738,924 $546,221 $1,638,296 $282,027,689 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Section Total - Final $35,565,622 $30,578,748 $35,565,622 $30,578,748 $167,079,288 $167,079,288 $166,979,288 $166,979,288 $100,000 $100,000 $14,398,524 $14,632,675 $3,475,083 $3,475,083 $8,738,924 $8,913,924 $546,221 $546,221 $1,638,296 $1,697,447 $27,787,832 $27,787,832 $166,979,288 $166,979,288 $11,812,848 $534,103 $9,035,077 $546,221 $1,697,447 $26,933,317 $26,933,317 $166,979,288 $166,979,288 $11,812,848 $534,103 $9,035,077 $546,221 $1,697,447 FRIDAY, APRIL 3, 2009 4725 TOTAL PUBLIC FUNDS $217,043,434 $212,290,711 $206,579,968 $205,725,453 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 50.1 Defer the FY09 cost of living adjustment. $314,573 $314,573 $239,704 $239,704 $239,704 $554,277 $314,573 $314,573 $239,704 $239,704 $239,704 $554,277 $314,573 $314,573 $239,704 $239,704 $239,704 $554,277 $314,573 $314,573 $239,704 $239,704 $239,704 $554,277 State General Funds ($3,428) ($3,428) ($3,428) ($3,428) 50.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($10,733) ($9,275) $0 $0 50.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($220) ($220) ($220) ($220) 50.4 Reduce funds for one building consultant position and fund with existing agency funds. State General Funds ($56,641) ($56,641) ($56,641) ($56,641) 50.5 Reduce funds from contracts for training on Georgia's construction codes for building inspectors and builders. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 50.99 CC: The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes; and to provide professional training to building inspectors and builders on Georgia's construction codes. 4726 JOURNAL OF THE SENATE Senate: The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes; and to provide professional training to building inspectors and builders on Georgia's construction codes. State General Funds $0 $0 50.100-Building Construction Appropriation (HB 119) The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes; and to provide professional training to building inspectors and builders on Georgia's construction codes. TOTAL STATE FUNDS $213,551 $215,009 $224,284 $224,284 State General Funds $213,551 $215,009 $224,284 $224,284 TOTAL AGENCY FUNDS $239,704 $239,704 $239,704 $239,704 Sales and Services $239,704 $239,704 $239,704 $239,704 Sales and Services Not Itemized $239,704 $239,704 $239,704 $239,704 TOTAL PUBLIC FUNDS $453,255 $454,713 $463,988 $463,988 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 51.1 Defer the FY09 cost of living adjustment. $3,850,247 $3,850,247 $50,918 $50,918 $50,918 $3,901,165 $3,850,247 $3,850,247 $50,918 $50,918 $50,918 $3,901,165 $3,850,247 $3,850,247 $50,918 $50,918 $50,918 $3,901,165 $3,850,247 $3,850,247 $50,918 $50,918 $50,918 $3,901,165 State General Funds ($20,741) ($20,741) ($20,741) ($20,741) 51.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce FRIDAY, APRIL 3, 2009 4727 funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($64,254) ($55,525) $0 $0 51.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($675) ($675) ($675) ($675) 51.4 Reduce funds from development and maintenance of the Georgia Comprehensive Plan Builder. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 51.5 Reduce one-time funds received in HB990 (FY09G) for the implementation of the Coastal Comprehensive Plan. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 51.6 Reduce funds by eliminating two vacant planner positions. State General Funds ($138,521) ($138,521) ($138,521) ($138,521) 51.7 Increase funds for the Regional Development Commission formula. (S:Provide funds to implement the provisions of OCGA 508-33 as provided by HB1216 (2008 Session))(CC:Increase funds for the Regional Commission formula to implement the provisions of OCGA 50-8-33 as provided by HB1216 (Act# 436 - 2008 Session)) State General Funds $4,558,834 $4,558,834 $2,279,417 $1,200,000 51.8 Reduce funds from personnel. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 51.9 Reduce funds from operations. State General Funds ($7,882) ($7,882) ($7,882) ($7,882) 51.10 Reduce funds from personnel and use fees received from local and state authorities for administering the Georgia Allocation System. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($59,151) $59,151 $0 ($59,151) $59,151 $0 ($59,151) $59,151 $0 51.99 CC: The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, 4728 JOURNAL OF THE SENATE and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. Senate: The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. State General Funds $0 $0 51.100-Coordinated Planning Appropriation (HB 119) The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. TOTAL STATE FUNDS $7,792,008 $7,741,586 $5,517,694 $4,438,277 State General Funds $7,792,008 $7,741,586 $5,517,694 $4,438,277 TOTAL AGENCY FUNDS $50,918 $110,069 $110,069 $110,069 Sales and Services $50,918 $110,069 $110,069 $110,069 Sales and Services Not Itemized $50,918 $110,069 $110,069 $110,069 TOTAL PUBLIC FUNDS $7,842,926 $7,851,655 $5,627,763 $4,548,346 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 $2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 FRIDAY, APRIL 3, 2009 4729 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 52.1 Defer the FY09 cost of living adjustment. $1,371,273 $272,237 $272,237 $5,571,760 $1,371,273 $272,237 $272,237 $5,571,760 $1,371,273 $272,237 $272,237 $5,571,760 $1,371,273 $272,237 $272,237 $5,571,760 State General Funds ($17,441) ($17,441) ($17,441) ($17,441) 52.2 Defer structure adjustments to the statewide salary plan. State General Funds ($1,886) ($1,886) ($1,886) ($1,886) 52.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($60,713) ($52,465) $0 $0 52.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($13,190) ($13,190) ($13,190) ($13,190) 52.5 Reduce funds from two positions and use fees received from local and state authorities for administering the Georgia Allocation System. State General Funds ($95,500) ($95,500) ($95,500) ($95,500) 52.6 Reduce funds from operations. State General Funds ($8,260) ($8,260) ($8,260) ($8,260) 52.7 Reduce funds from personnel. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 52.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($25,614) ($47,511) ($47,511) ($47,511) 52.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($763) ($763) ($763) 52.10 Reduce funds from the Georgia Advocacy Office. 4730 JOURNAL OF THE SENATE State General Funds ($249,902) $0 52.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,760,753 $1,746,341 $1,548,904 State General Funds $1,760,753 $1,746,341 $1,548,904 TOTAL FEDERAL FUNDS $1,611,802 $1,611,802 $1,611,802 Federal Funds Not Itemized $1,611,802 $1,611,802 $1,611,802 TOTAL AGENCY FUNDS $1,726,601 $1,726,601 $1,726,601 Reserved Fund Balances $83,091 $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 $83,091 Intergovernmental Transfers $1,371,273 $1,371,273 $1,371,273 Intergovernmental Transfers Not Itemized $1,371,273 $1,371,273 $1,371,273 Sales and Services $272,237 $272,237 $272,237 Sales and Services Not Itemized $272,237 $272,237 $272,237 TOTAL PUBLIC FUNDS $5,099,156 $5,084,744 $4,887,307 $1,798,806 $1,798,806 $1,611,802 $1,611,802 $1,726,601 $83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,137,209 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS 53.1 Defer the FY09 cost of living adjustment. $1,058,445 $1,058,445 $6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925 $1,058,445 $1,058,445 $6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925 $1,058,445 $1,058,445 $6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925 $1,058,445 $1,058,445 $6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925 State General Funds ($7,328) ($7,328) ($7,328) ($7,328) 53.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits FRIDAY, APRIL 3, 2009 4731 (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($34,430) ($29,753) $0 $0 53.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($571) ($571) ($571) ($571) 53.4 Reduce funds by eliminating one vacant human services program auditor position. State General Funds ($53,000) ($53,000) ($53,000) ($53,000) 53.5 Reduce funds from contracts for the litter initiative studies. State General Funds ($56,000) ($56,000) ($56,000) ($56,000) 53.6 Reduce funds from operations. State General Funds ($7,255) ($7,255) ($7,255) ($7,255) 53.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,907) $0 $0 $0 53.8 Reduce funds from the litter clean-up and prevention program. State General Funds ($100,000) ($100,000) ($100,000) 53.9 Reduce funds to reflect expected revenues. (CC:Reduce funds and reflect only new transfers from the Solid Waste Trust Fund to continue to fund solid waste planning and reduction initiatives) Reserved Fund Balances Not Itemized ($2,940,980) ($2,940,980) 53.99 CC: The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical assistance, resources, and tools to local governments for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues. Senate: The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical assistance, resources, and tools to local governments for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues. State General Funds $0 $0 4732 JOURNAL OF THE SENATE 53.100-Environmental Education and Assistance Appropriation (HB 119) The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical assistance, resources, and tools to local governments for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues. TOTAL STATE FUNDS $886,954 $804,538 $834,291 $834,291 State General Funds $886,954 $804,538 $834,291 $834,291 TOTAL FEDERAL FUNDS $6,000 $6,000 $6,000 $6,000 Federal Funds Not Itemized $6,000 $6,000 $6,000 $6,000 TOTAL AGENCY FUNDS $3,380,480 $3,380,480 $439,500 $439,500 Reserved Fund Balances $3,380,480 $3,380,480 $439,500 $439,500 Reserved Fund Balances Not Itemized $3,380,480 $3,380,480 $439,500 $439,500 TOTAL PUBLIC FUNDS $4,273,434 $4,191,018 $1,279,791 $1,279,791 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 54.1 Defer the FY09 cost of living adjustment. $2,066,924 $2,066,924 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,461,921 $2,066,924 $2,066,924 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,461,921 $2,066,924 $2,066,924 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,461,921 $2,066,924 $2,066,924 $45,085,410 $45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269 $47,461,921 State General Funds ($20,467) ($20,467) ($20,467) ($20,467) 54.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits FRIDAY, APRIL 3, 2009 4733 (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($37,815) ($32,678) $0 $0 54.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($1,032) ($1,032) ($1,032) ($1,032) 54.4 Reduce funds by eliminating one vacant assistant commissioner position. State General Funds ($167,971) ($167,971) ($167,971) ($167,971) 54.5 Reduce funds from personnel. (S and CC:Reduce funds from operations) State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 54.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($100,000) $0 $0 $0 54.7 Reduce funds from the Hands on Georgia Challenge grants. State General Funds ($100,000) ($200,000) ($200,000) 54.99 CC: The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. Senate: The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. State General Funds $0 $0 54.100-Federal Community and Economic Development Programs Appropriation (HB 119) The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. TOTAL STATE FUNDS $1,699,639 $1,704,776 $1,637,454 $1,637,454 State General Funds $1,699,639 $1,704,776 $1,637,454 $1,637,454 TOTAL FEDERAL FUNDS $45,085,410 $45,085,410 $45,085,410 $45,085,410 Federal Funds Not Itemized $45,085,410 $45,085,410 $45,085,410 $45,085,410 TOTAL AGENCY FUNDS $309,587 $309,587 $309,587 $309,587 Intergovernmental Transfers $243,318 $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 $243,318 Sales and Services $66,269 $66,269 $66,269 $66,269 4734 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $66,269 $47,094,636 $66,269 $47,099,773 $66,269 $47,032,451 $66,269 $47,032,451 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 State General Funds $0 $0 TOTAL FEDERAL FUNDS $794,163 $794,163 $794,163 $794,163 Federal Funds Not Itemized $794,163 $794,163 $794,163 $794,163 TOTAL AGENCY FUNDS $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers Not Itemized $3,837,828 $3,837,828 $3,837,828 $3,837,828 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 $4,631,991 55.99 CC: The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers. Senate: The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers. State General Funds $0 $0 55.100-Homeownership Programs Appropriation (HB 119) The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers. TOTAL FEDERAL FUNDS $794,163 $794,163 $794,163 $794,163 Federal Funds Not Itemized $794,163 $794,163 $794,163 $794,163 FRIDAY, APRIL 3, 2009 4735 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,837,828 $3,837,828 $3,837,828 $4,631,991 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $3,837,828 $3,837,828 $3,837,828 $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 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 56.1 Eliminate one-time funds received in HB990 (FY09G) for Local Assistance Grants. $6,000,000 $6,000,000 $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) Regional Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 57.1 Defer the FY09 cost of living adjustment. $2,435,333 $2,435,333 $500,000 $500,000 $500,000 $2,935,333 $2,435,333 $2,435,333 $500,000 $500,000 $500,000 $2,935,333 $2,435,333 $2,435,333 $500,000 $500,000 $500,000 $2,935,333 $2,435,333 $2,435,333 $500,000 $500,000 $500,000 $2,935,333 State General Funds ($17,999) ($17,999) ($17,999) ($17,999) 57.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($72,639) ($62,771) $0 $0 4736 JOURNAL OF THE SENATE 57.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($631) ($631) ($631) ($631) 57.4 Reduce funds from grants for local governments through the Signature Communities program. (H and S:Reduce funds from grants for local governments through the Signature Communities and Communities of Opportunity programs and fund Communities of Opportunity grants through the OneGeorgia Authority) State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($175,000) ($350,000) $175,000 ($175,000) ($350,000) $175,000 ($175,000) ($350,000) $175,000 ($175,000) 57.5 Reduce funds by eliminating one vacant resource coordinator position. State General Funds ($38,495) ($38,495) ($38,495) ($38,495) 57.6 Reduce one-time funds received in HB990 (FY09G) for the Georgia Rural Water Association Fluoridation program. (S and CC:Transfer funds ($50,000) to Georgia Environmental Facilities Authority) State General Funds ($100,000) ($50,000) ($100,000) ($100,000) 57.7 Reduce funds from contracts for leadership development. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 57.8 Reduce funds from operations. State General Funds ($27,389) ($27,389) ($27,389) ($27,389) 57.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($28,370) $0 $0 $0 57.10 Reduce funds and transfer two rural economic development positions to the OneGeorgia Authority. State General Funds ($169,960) ($169,960) 57.99 CC: The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments. Senate: The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments. FRIDAY, APRIL 3, 2009 4737 State General Funds $0 $0 57.100-Regional Services Appropriation (HB 119) The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments. TOTAL STATE FUNDS $1,949,810 $1,863,048 $1,705,859 $1,705,859 State General Funds $1,949,810 $1,863,048 $1,705,859 $1,705,859 TOTAL AGENCY FUNDS $500,000 $675,000 $675,000 $675,000 Intergovernmental Transfers $500,000 $675,000 $675,000 $675,000 Intergovernmental Transfers Not Itemized $500,000 $675,000 $675,000 $675,000 TOTAL PUBLIC FUNDS $2,449,810 $2,538,048 $2,380,859 $2,380,859 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 State General Funds $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $118,208,730 $118,208,730 Federal Funds Not Itemized $118,208,730 $118,208,730 TOTAL AGENCY FUNDS $3,067,096 $3,067,096 Intergovernmental Transfers $2,520,875 $2,520,875 Intergovernmental Transfers Not Itemized $2,520,875 $2,520,875 Rebates, Refunds, and Reimbursements $546,221 $546,221 Rebates, Refunds, and Reimbursements Not Itemized $546,221 $546,221 TOTAL PUBLIC FUNDS $124,563,655 $124,563,655 58.1 Reduce funds from the state match for the federal Affordable HOME program. $3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875 $546,221 $546,221 $124,563,655 $3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875 $546,221 $546,221 $124,563,655 State General Funds ($322,452) ($322,452) ($322,452) ($322,452) 58.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($42,387) $0 $0 $0 4738 JOURNAL OF THE SENATE 58.99 CC: 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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market. Senate: 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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market. State General Funds $0 $0 58.100-Rental Housing Programs Appropriation (HB 119) 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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market. TOTAL STATE FUNDS $2,922,990 $2,965,377 $2,965,377 $2,965,377 State General Funds $2,922,990 $2,965,377 $2,965,377 $2,965,377 TOTAL FEDERAL FUNDS $118,208,730 $118,208,730 $118,208,730 $118,208,730 Federal Funds Not Itemized $118,208,730 $118,208,730 $118,208,730 $118,208,730 TOTAL AGENCY FUNDS $3,067,096 $3,067,096 $3,067,096 $3,067,096 Intergovernmental Transfers $2,520,875 $2,520,875 $2,520,875 $2,520,875 Intergovernmental Transfers Not Itemized $2,520,875 $2,520,875 $2,520,875 $2,520,875 Rebates, Refunds, and Reimbursements $546,221 $546,221 $546,221 $546,221 Rebates, Refunds, and Reimbursements Not Itemized $546,221 $546,221 $546,221 $546,221 TOTAL PUBLIC FUNDS $124,198,816 $124,241,203 $124,241,203 $124,241,203 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 AGENCY FUNDS Sales and Services $629,847 $629,847 $24,163 $24,163 $629,847 $629,847 $24,163 $24,163 $629,847 $629,847 $24,163 $24,163 $629,847 $629,847 $24,163 $24,163 FRIDAY, APRIL 3, 2009 4739 Sales and Services Not Itemized TOTAL PUBLIC FUNDS 59.1 Defer the FY09 cost of living adjustment. $24,163 $654,010 $24,163 $654,010 $24,163 $654,010 $24,163 $654,010 State General Funds ($6,000) ($6,000) ($6,000) ($6,000) 59.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($20,212) ($17,466) $0 $0 59.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($282) ($282) ($282) ($282) 59.4 Reduce funds by eliminating temporary positions. State General Funds ($17,500) ($17,500) ($17,500) ($17,500) 59.5 Reduce funds from contracts for data collection and database management. State General Funds ($20,693) ($20,693) ($20,693) ($20,693) 59.6 Reduce funds from operations. State General Funds ($24,000) ($24,000) ($24,000) ($24,000) 59.7 Reduce funds from one senior information specialist position and fund with other funds. State General Funds ($76,003) ($76,003) ($76,003) ($76,003) 59.99 CC: The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law. Senate: The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law. State General Funds $0 $0 59.100-Research and Surveys Appropriation (HB 119) The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and 4740 JOURNAL OF THE SENATE authorities in accordance with Georgia law. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $465,157 $465,157 $24,163 $24,163 $24,163 $489,320 $467,903 $467,903 $24,163 $24,163 $24,163 $492,066 $485,369 $485,369 $24,163 $24,163 $24,163 $509,532 $485,369 $485,369 $24,163 $24,163 $24,163 $509,532 Special Housing Initiatives Continuation Budget The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS $3,632,892 $3,632,892 $3,632,892 $3,632,892 State General Funds $3,632,892 $3,632,892 $3,632,892 $3,632,892 TOTAL FEDERAL FUNDS $1,354,596 $1,354,596 $1,354,596 $1,354,596 Federal Funds Not Itemized $1,254,596 $1,254,596 $1,254,596 $1,254,596 Temporary Assistance for Needy Families $100,000 $100,000 $100,000 $100,000 Temporary Assistance for Needy Families Grant CFDA93.558 $100,000 $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $1,107,466 $1,107,466 $1,107,466 $1,107,466 Reserved Fund Balances $11,512 $11,512 $11,512 $11,512 Reserved Fund Balances Not Itemized $11,512 $11,512 $11,512 $11,512 Intergovernmental Transfers $110,949 $110,949 $110,949 $110,949 Intergovernmental Transfers Not Itemized $110,949 $110,949 $110,949 $110,949 Sales and Services $985,005 $985,005 $985,005 $985,005 Sales and Services Not Itemized $985,005 $985,005 $985,005 $985,005 TOTAL PUBLIC FUNDS $6,094,954 $6,094,954 $6,094,954 $6,094,954 60.1 Reduce one-time funds received in HB990 (FY09G) for the State Housing Trust Fund for contract caseworkers to assist homeless families in achieving housing stability. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 60.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($47,640) $0 $0 $0 60.3 Reduce funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($100,000) ($100,000) 60.99 CC: The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and FRIDAY, APRIL 3, 2009 4741 services to the homeless; to administer loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an affordable housing plan; and to provide for other special housing initiatives. Senate: The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an affordable housing plan; and to provide for other special housing initiatives. State General Funds $0 $0 60.100-Special Housing Initiatives Appropriation (HB 119) The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an affordable housing plan; and to provide for other special housing initiatives. TOTAL STATE FUNDS $3,285,252 $3,332,892 $3,332,892 $3,332,892 State General Funds $3,285,252 $3,332,892 $3,332,892 $3,332,892 TOTAL FEDERAL FUNDS $1,354,596 $1,354,596 $1,254,596 $1,254,596 Federal Funds Not Itemized $1,254,596 $1,254,596 $1,254,596 $1,254,596 Temporary Assistance for Needy Families $100,000 $100,000 Temporary Assistance for Needy Families Grant CFDA93.558 $100,000 $100,000 TOTAL AGENCY FUNDS $1,107,466 $1,107,466 $1,107,466 $1,107,466 Reserved Fund Balances $11,512 $11,512 $11,512 $11,512 Reserved Fund Balances Not Itemized $11,512 $11,512 $11,512 $11,512 Intergovernmental Transfers $110,949 $110,949 $110,949 $110,949 Intergovernmental Transfers Not Itemized $110,949 $110,949 $110,949 $110,949 Sales and Services $985,005 $985,005 $985,005 $985,005 Sales and Services Not Itemized $985,005 $985,005 $985,005 $985,005 TOTAL PUBLIC FUNDS $5,747,314 $5,794,954 $5,694,954 $5,694,954 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 $2,395,728 $2,395,728 $2,395,728 $2,395,728 $2,395,728 $2,395,728 $2,395,728 $2,395,728 4742 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 61.1 Defer the FY09 cost of living adjustment. $5,000 $5,000 $2,400,728 $5,000 $5,000 $2,400,728 $5,000 $5,000 $2,400,728 $5,000 $5,000 $2,400,728 State General Funds ($11,999) ($11,999) ($11,999) ($11,999) 61.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($42,467) ($36,698) $0 $0 61.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($845) ($845) ($845) ($845) 61.4 Reduce one-time funds received in HB990 (FY09G) for an Emergency Operations Center Facility in Fayette County. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 61.5 Reduce one-time funds received in HB990 (FY09G) for the construction of an Americans with Disabilities Act (ADA) compliant regional athletic facility in Hall County. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 61.6 Reduce one-time funds received in HB990 (FY09G) for the City of Porterdale Community Center Gymnasium reconstruction. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 61.7 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Tift County Multipurpose Livestock Building. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 61.8 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Jeff Davis County Multipurpose Livestock Building. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) 61.9 Reduce funds from the Rural Development Council. (S and CC:Reduce funds and fund through the OneGeorgia Authority) State General Funds Intergovernmental Transfers Not Itemized ($20,000) $0 ($121,153) ($121,153) $121,153 $121,153 FRIDAY, APRIL 3, 2009 4743 TOTAL PUBLIC FUNDS $0 $0 61.10 Increase funds for operations. (S and CC:Reduce funds) State General Funds $49,552 ($60,352) ($60,352) 61.99 CC: The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to champion new development opportunities for rural Georgia. Senate: The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to champion new development opportunities for rural Georgia through the Rural Development Council. State General Funds $0 $0 61.100-State Community Development Programs Appropriation (HB 119) The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to champion new development opportunities for rural Georgia. TOTAL STATE FUNDS $1,320,417 $1,395,738 $1,201,379 $1,201,379 State General Funds $1,320,417 $1,395,738 $1,201,379 $1,201,379 TOTAL FEDERAL FUNDS $5,000 $5,000 $5,000 $5,000 Federal Funds Not Itemized $5,000 $5,000 $5,000 $5,000 TOTAL AGENCY FUNDS $121,153 $121,153 Intergovernmental Transfers $121,153 $121,153 Intergovernmental Transfers Not Itemized $121,153 $121,153 TOTAL PUBLIC FUNDS $1,325,417 $1,400,738 $1,327,532 $1,327,532 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 62.1 Defer the FY09 cost of living adjustment. $8,939,055 $8,939,055 $13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323 $8,939,055 $8,939,055 $13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323 $8,939,055 $8,939,055 $13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323 $8,939,055 $8,939,055 $13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323 4744 JOURNAL OF THE SENATE State General Funds ($1,063) ($1,063) ($1,063) ($1,063) 62.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,579) ($2,229) $0 $0 62.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($354) ($354) ($354) ($354) 62.4 Eliminate funds from the Georgia Cities program due to the fulfillment of the state's commitment to provide a dollar for dollar match with a private foundation. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 62.5 Reduce funds from the Life Sciences Facilities Fund (LSFF). (S and CC:Eliminate the LSFF and transfer remaining reserves to the Regional Economic Business Assistance program) State General Funds ($4,403,282) ($4,403,282) ($4,403,282) ($4,403,282) 62.6 Transfer funds from the Department of Economic Development for the Appalachian Community Enterprise contract for microenterprise loans. State General Funds $75,000 $75,000 $75,000 $75,000 62.99 CC: The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and promote economic development and job creation. Senate: The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and promote economic development and job creation. State General Funds $0 $0 62.100-State Economic Development Program Appropriation (HB 119) The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and promote economic development and job creation. TOTAL STATE FUNDS $3,106,777 $3,107,127 $3,109,356 $3,109,356 State General Funds $3,106,777 $3,107,127 $3,109,356 $3,109,356 FRIDAY, APRIL 3, 2009 4745 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $13,587 $13,587 $154,681 $154,681 $154,681 $3,275,045 $13,587 $13,587 $154,681 $154,681 $154,681 $3,275,395 $13,587 $13,587 $154,681 $154,681 $154,681 $3,277,624 $13,587 $13,587 $154,681 $154,681 $154,681 $3,277,624 Payments to Georgia Environmental Facilities Authority Continuation Budget The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $11,725,014 $11,725,014 $11,725,014 $11,725,014 State General Funds $11,725,014 $11,725,014 $11,725,014 $11,725,014 TOTAL PUBLIC FUNDS $11,725,014 $11,725,014 $11,725,014 $11,725,014 63.1 Reduce funds from the Land Conservation program and fund only local Land Conservation grants. (H and S:Reduce funds from the Land Conservation program) State General Funds ($5,000,000) ($10,000,000) ($10,000,000) ($10,000,000) 63.2 Reduce funds from water and sewer infrastructure grants. State General Funds ($350,000) ($350,000) ($350,000) ($350,000) 63.3 Reduce funds from the Georgia Rural Water Association. (S and CC:Transfer funds ($50,000) from the Department of Community Affairs for the Georgia Rural Water Association Fluoridation program) State General Funds ($100,000) ($50,000) $0 ($25,000) 63.4 Reduce funds from the State Energy and Utilities program. State General Funds ($253,001) ($253,001) ($453,001) ($453,001) 63.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($14,818) ($12,804) $0 $0 63.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($60,220) ($60,220) ($60,220) ($60,220) 4746 JOURNAL OF THE SENATE 63.7 Reflect HB473 and establish a Clean Energy Grant program for renewable energy and energy efficiency to be administered by GEFA subject to federal funds availability. (CC:YES) State General Funds $0 63.100-Payments to Georgia Environmental Facilities Authority Appropriation (HB 119) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $5,946,975 $998,989 $861,793 $836,793 State General Funds $5,946,975 $998,989 $861,793 $836,793 TOTAL PUBLIC FUNDS $5,946,975 $998,989 $861,793 $836,793 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 64.1 Defer the FY09 cost of living adjustment. $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 $4,857,300 State General Funds ($52,736) ($52,736) ($52,736) ($52,736) 64.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($147,841) ($127,756) $0 $0 64.3 Reduce funds from operations and utilize existing funds. State General Funds ($398,517) ($398,517) ($398,517) ($398,517) 64.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($42,867) ($42,867) ($42,867) ($42,867) 64.99 CC: The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact. FRIDAY, APRIL 3, 2009 4747 Senate: The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact. State General Funds $0 $0 64.100-Payments to Georgia Regional Transportation Authority Appropriation (HB 119) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact. TOTAL STATE FUNDS $4,215,339 $4,235,424 $4,363,180 $4,363,180 State General Funds $4,215,339 $4,235,424 $4,363,180 $4,363,180 TOTAL PUBLIC FUNDS $4,215,339 $4,235,424 $4,363,180 $4,363,180 Payments to OneGeorgia Authority Continuation Budget The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $0 $47,123,333 $47,123,333 $47,123,333 $0 $47,123,333 $47,123,333 65.1 Reduce funds from grant programs and utilize existing agency funds. Tobacco Settlement Funds ($47,123,333) ($47,123,333) ($47,123,333) ($47,123,333) 65.2 Transfer funds for implementation grants for the Communities of Opportunity program to the Department of Community Affairs using existing funds. (S:YES)(CC:YES) Tobacco Settlement Funds $0 $0 65.3 Transfer two rural economic development positions from the Department of Community Affairs and fund with existing funds. (S:YES)(CC:YES) Tobacco Settlement Funds $0 $0 65.4 Transfer funds for the Rural Development Council to the Department of Community Affairs using existing funds. (S:YES)(CC:YES) Tobacco Settlement Funds $0 $0 4748 JOURNAL OF THE SENATE Section 17: Community Health, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund 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 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $2,708,239,139 $2,708,239,139 $2,708,239,139 $2,708,239,139 $2,632,890,676 $2,632,890,676 $2,632,890,676 $2,632,890,676 $73,379,470 $73,379,470 $73,379,470 $73,379,470 $1,968,993 $1,968,993 $1,968,993 $1,968,993 $6,030,105,522 $6,030,105,522 $6,030,105,522 $6,030,105,522 $414,745,937 $414,745,937 $414,745,937 $414,745,937 $20,986,057 $20,986,057 $20,986,057 $20,986,057 $5,249,000,091 $5,249,000,091 $5,249,000,091 $5,249,000,091 $4,172,891 $4,172,891 $4,172,891 $4,172,891 $318,000,546 $318,000,546 $318,000,546 $318,000,546 $23,200,000 $23,200,000 $23,200,000 $23,200,000 $453,269,735 $453,269,735 $453,269,735 $453,269,735 $375,387 $375,387 $375,387 $375,387 $235,246,152 $235,246,152 $235,246,152 $235,246,152 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $3,590,368 $3,590,368 $3,590,368 $3,590,368 $2,977,691,948 $2,977,691,948 $2,977,691,948 $2,977,691,948 $2,977,621,260 $2,977,621,260 $2,977,621,260 $2,977,621,260 $70,688 $70,688 $70,688 $70,688 $12,169,306,344 $12,169,306,344 $12,169,306,344 $12,169,306,344 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Nursing Home Provider Fees Care Management Organization Fees TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Section Total - Final $2,180,780,896 $2,161,699,892 $1,901,726,968 $1,882,645,964 $276,987,539 $276,987,539 $2,066,389 $2,066,389 $6,244,570,713 $6,838,326,460 $421,666,635 $421,666,635 $20,366,584 $20,366,584 $2,287,935,376 $1,843,827,608 $276,987,539 $2,066,389 $122,528,939 $42,524,901 $6,669,677,670 $423,163,478 $20,366,584 $2,288,391,753 $1,844,283,985 $276,987,539 $2,066,389 $122,528,939 $42,524,901 $6,667,201,582 $423,163,478 $20,366,584 FRIDAY, APRIL 3, 2009 4749 Medical Assistance Program CFDA93.778 $5,509,384,584 $6,054,049,800 $5,892,925,554 $5,890,449,466 Preventive Health & Health Services Block Grant CFDA93.991 $4,203,961 $4,203,961 $4,203,961 $4,203,961 State Children's Insurance Program CFDA93.767 $277,670,029 $318,396,794 $312,625,625 $312,625,625 Temporary Assistance for Needy Families $11,278,920 $19,642,686 $16,392,468 $16,392,468 TOTAL AGENCY FUNDS $219,230,594 $219,230,594 $230,794,289 $399,414,387 Contributions, Donations, and Forfeitures $375,387 $375,387 $375,387 $375,387 Reserved Fund Balances $168,620,098 Intergovernmental Transfers $214,057,828 $214,057,828 $214,057,828 $214,057,828 Sales and Services $4,797,379 $4,797,379 $4,797,379 $4,797,379 Sanctions, Fines, and Penalties $11,563,695 $11,563,695 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,079,968,099 $3,114,011,871 $2,945,725,762 $2,945,615,448 State Funds Transfers $3,079,897,411 $3,113,941,183 $2,945,655,074 $2,945,544,760 Federal Funds Transfers $70,688 $70,688 $70,688 $70,688 TOTAL PUBLIC FUNDS $11,724,550,302 $12,333,268,817 $12,134,133,097 $12,300,623,170 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 State General Funds TOTAL PUBLIC FUNDS 66.1 Defer the FY09 cost of living adjustment. $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 $2,394,849 State General Funds ($25,270) ($25,270) ($25,270) ($25,270) 66.2 Defer structure adjustments to the statewide salary plan. State General Funds ($282) ($282) ($282) ($282) 66.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($78,012) ($67,413) $0 $0 4750 JOURNAL OF THE SENATE 66.4 Reduce funds by eliminating one medical board agent position and one applications specialist position. State General Funds ($102,461) ($102,461) ($102,461) ($102,461) 66.5 Reduce funds from case reviews and medical peer reviews. State General Funds ($84,000) ($84,000) ($84,000) ($84,000) 66.6 Reduce funds from hearing-related expenses. State General Funds ($44,471) ($44,471) ($44,471) ($44,471) 66.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($20,784) ($20,784) ($20,784) ($20,784) 66.99 CC: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. Senate: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. State General Funds $0 $0 66.100-Composite Board of Medical Examiners Appropriation (HB 119) The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. TOTAL STATE FUNDS $2,039,569 $2,050,168 $2,117,581 $2,117,581 State General Funds $2,039,569 $2,050,168 $2,117,581 $2,117,581 TOTAL PUBLIC FUNDS $2,039,569 $2,050,168 $2,117,581 $2,117,581 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS State General Funds $106,922,412 $106,922,412 $106,922,412 $106,922,412 $106,922,412 $106,922,412 $106,922,412 $106,922,412 FRIDAY, APRIL 3, 2009 4751 TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS 67.1 Defer the FY09 cost of living adjustment. $302,341,919 $279,187,884 $23,154,035 $232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973 $302,341,919 $279,187,884 $23,154,035 $232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973 $302,341,919 $279,187,884 $23,154,035 $232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973 $302,341,919 $279,187,884 $23,154,035 $232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973 State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS ($219,490) ($197,775) ($87,814) ($505,079) ($219,490) ($197,775) ($87,814) ($505,079) ($219,490) ($197,775) ($87,814) ($505,079) ($219,490) ($197,775) ($87,814) ($505,079) 67.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS ($503,785) ($435,342) $0 $0 ($513,409) ($513,409) $0 $0 ($223,675) ($223,675) $0 $0 ($1,240,869) ($1,172,426) $0 $0 67.3 Defer funds for structure adjustments to the statewide salary plan. State General Funds ($4,921) ($4,921) ($4,921) ($4,921) 67.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($179,962) ($179,962) ($179,962) ($179,962) 67.5 Reduce funds from under-utilized contracts. 4752 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($11,159,425) ($16,805,062) ($27,964,487) ($11,159,425) ($16,805,062) ($27,964,487) ($11,159,425) ($16,805,062) ($27,964,487) ($11,159,425) ($16,805,062) ($27,964,487) 67.6 Reduce funds by maintaining vacant positions. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,064,215) ($1,064,215) ($2,128,430) ($1,064,215) ($1,064,215) ($2,128,430) ($1,064,215) ($1,064,215) ($2,128,430) ($1,064,215) ($1,064,215) ($2,128,430) 67.7 Reduce funds from operations. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,389,179) ($1,389,180) ($2,778,359) ($1,389,179) ($1,389,180) ($2,778,359) ($1,389,179) ($1,389,180) ($2,778,359) ($1,389,179) ($1,389,180) ($2,778,359) 67.8 Reduce funds from the Health Information Exchange (HIE) pilot projects. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 67.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,103) ($1,103) ($1,103) 67.10 Increase funds for the application of a family planning waiver to provide family planning services to women at the same eligibility level (200% of the federal poverty level) as current pregnancy services are provided. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $25,000 $25,000 $50,000 $25,000 $25,000 $50,000 $25,000 $25,000 $50,000 67.11 Evaluate the cost effectiveness of the new Medicaid Management Information System (MMIS) contract. (S:YES) State General Funds $0 $0 67.96 Transfer funds and activities to create a Public Health Administration subprogram. State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $18,917,758 $2,766,264 $31,070 $1,182,023 $1,134,462 $24,031,577 67.97 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources (DHR) per FRIDAY, APRIL 3, 2009 4753 SB433 (2008 Session). State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $378,066 $193,142 $176,125 $747,333 $378,066 $193,142 $176,125 $747,333 $378,066 $193,142 $176,125 $747,333 $378,066 $193,142 $176,125 $747,333 67.98 Transfer funds for additional administrative overhead for the Office of Regulatory Services from the Department of Human Resources. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $107,129 $55,538 $162,667 $107,129 $55,538 $162,667 67.100-Departmental Administration and Program Support Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $91,779,501 $91,871,841 $92,414,312 State General Funds $91,779,501 $91,871,841 $92,414,312 TOTAL FEDERAL FUNDS $282,741,545 $282,766,545 $283,335,492 Federal Funds Not Itemized $193,142 $193,142 $248,680 Medical Assistance Program CFDA93.778 $259,394,368 $259,419,368 $259,932,777 Preventive Health & Health Services Block Grant CFDA93.991 State Children's Insurance Program CFDA93.767 $23,154,035 $23,154,035 $23,154,035 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,001,993 $22,001,993 $22,225,668 State Funds Transfers $22,001,993 $22,001,993 $22,225,668 Health Insurance Payments $22,001,993 $22,001,993 $22,225,668 TOTAL PUBLIC FUNDS $396,755,199 $396,872,539 $398,207,632 $111,332,070 $111,332,070 $287,314,849 $3,014,944 $259,932,777 $31,070 $23,154,035 $1,182,023 $1,182,023 $1,366,622 $1,366,622 $1,366,622 $22,225,668 $22,225,668 $22,225,668 $422,239,209 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 $25,584,060 $25,584,060 $25,584,060 $25,584,060 4754 JOURNAL OF THE SENATE State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 68.1 Defer the FY09 cost of living adjustment. $14,984,060 $10,600,000 $588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898 $14,984,060 $10,600,000 $588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898 $14,984,060 $10,600,000 $588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898 $14,984,060 $10,600,000 $588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898 State General Funds ($6,488) ($6,488) ($6,488) ($6,488) 68.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($199,874) ($172,720) $0 $0 ($234,635) ($202,758) $0 $0 ($434,509) ($375,478) $0 $0 68.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($361) ($361) ($361) ($361) 68.4 Reduce funds received in HB990 (FY09G) and defer the contracts with the Georgia Association of Primary Health Care. (H:Provide funding for the expansion of the Federally Qualified Community Health Centers (FQHCs))(S and CC:Increase funds for four "new start" FQHC sites and for Behavioral Health integration at four existing FQHCs with priority given to those sites that are most ready as designated by the Georgia Association of Primary Health Care) State General Funds ($2,000,000) $0 $0 $0 68.5 Reduce funds received in HB990 (FY09G) and defer the implementation of the Wellness Incentive Pilot program. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 68.6 Reduce funds received in HB990 (FY09G) and defer the implementation of the Safety Net Clinics. State General Funds ($950,000) ($950,000) ($950,000) ($950,000) FRIDAY, APRIL 3, 2009 4755 68.7 Reduce funds from the Office of Rural Health Community Service grants. (H and S:Eliminate matching funds for competitive grants to local communities for alternative approaches to healthcare delivery) State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 68.8 Eliminate funds received in HB990 (FY09G) to operate the Georgia Health Marketplace Authority, the Georgia Health Marketing Fund, and to design the Marketplace website. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000) 68.9 Reduce funds received in HB990 (FY09G) and defer the Southeastern Firefighter's Burn Foundation grant. (H and S:Provide $250,000 to the Southeastern Firefighter's Burn Foundation) State General Funds ($500,000) ($250,000) ($250,000) ($250,000) 68.10 Reduce funds to reflect completion of the four-year commitment to support Hughes Spalding Children's Hospital. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 68.11 Reduce funds received in HB990 (FY09G) and defer the Rural Health Initiative. Tobacco Settlement Funds ($10,600,000) ($10,600,000) ($10,600,000) ($10,600,000) 68.98 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources per SB433 (2008 Session). (S and C:Transfer funds and activities to the new Planning and Regulatory Services program) State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,613,279 $5,613,279 $0 $0 $4,080,600 $4,080,600 $0 $0 $2,939,995 $2,939,995 $0 $0 $72,549 $72,549 $0 $0 $12,706,423 $12,706,423 $0 $0 68.99 CC: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. Senate: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. State General Funds $0 $0 68.100-Health Care Access and Improvement Appropriation (HB 119) The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office 4756 JOURNAL OF THE SENATE of Health Improvement, and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS $12,790,616 $15,067,770 State General Funds $12,790,616 $15,067,770 TOTAL FEDERAL FUNDS $7,374,798 $7,406,675 Federal Funds Not Itemized $4,080,600 $4,080,600 Medical Assistance Program CFDA93.778 $3,294,198 $3,326,075 TOTAL AGENCY FUNDS $172,549 $172,549 Sales and Services $172,549 $172,549 Sales and Services Not Itemized $172,549 $172,549 TOTAL PUBLIC FUNDS $20,337,963 $22,646,994 $9,627,211 $9,627,211 $588,838 $588,838 $100,000 $100,000 $100,000 $10,316,049 $9,627,211 $9,627,211 $588,838 $588,838 $100,000 $100,000 $100,000 $10,316,049 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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL FEDERAL FUNDS $257,075,969 $257,075,969 $257,075,969 $257,075,969 Medical Assistance Program CFDA93.778 $257,075,969 $257,075,969 $257,075,969 $257,075,969 TOTAL AGENCY FUNDS $141,586,524 $141,586,524 $141,586,524 $141,586,524 Intergovernmental Transfers $139,386,524 $139,386,524 $139,386,524 $139,386,524 Hospital Authorities $139,386,524 $139,386,524 $139,386,524 $139,386,524 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 $398,662,493 $398,662,493 $398,662,493 $398,662,493 69.1 Increase funds for the Georgia Trauma Network Commission (GTNC) administered by the Department of Human Resources by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce by $37,000,000 due to the revised revenue estimate) State General Funds $0 $0 $0 $0 69.2 Increase funds for the Disproportionate Share Hospital (DSH) payments for private deemed and non-deemed hospitals by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce by $13,713,384 due to the revised revenue estimate) State General Funds $0 $0 $0 $0 FRIDAY, APRIL 3, 2009 4757 69.3 Transfer prior year reserves to the Medicaid: Low-Income Medicaid program. Hospital Authorities Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS ($2,700,000) ($2,700,000) $0 ($2,700,000) ($2,700,000) 69.4 Increase funds to recognize Certificate of Need penalties and interest per OCGA 31-8-153.1. Sanctions, Fines, and Penalties Not Itemized $11,563,695 $0 ($2,700,000) ($2,700,000) $11,563,695 69.100-Indigent Care Trust Fund Appropriation (HB 119) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL FEDERAL FUNDS $257,075,969 $257,075,969 $257,075,969 $257,075,969 Medical Assistance Program CFDA93.778 $257,075,969 $257,075,969 $257,075,969 $257,075,969 TOTAL AGENCY FUNDS $138,886,524 $138,886,524 $150,450,219 $150,450,219 Intergovernmental Transfers $136,686,524 $136,686,524 $139,386,524 $139,386,524 Hospital Authorities $136,686,524 $136,686,524 $139,386,524 $139,386,524 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 Sanctions, Fines, and Penalties $8,863,695 $8,863,695 Sanctions, Fines, and Penalties Not Itemized $8,863,695 $8,863,695 TOTAL PUBLIC FUNDS $395,962,493 $395,962,493 $407,526,188 $407,526,188 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 $1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737 $126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988 $267,288,632 $1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737 $126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988 $267,288,632 $1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737 $126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988 $267,288,632 $1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737 $126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988 $267,288,632 4758 JOURNAL OF THE SENATE State Funds Transfers $267,288,632 $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $3,998,933,946 $3,998,933,946 $3,998,933,946 $3,998,933,946 70.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,066,339) ($1,984,703) ($3,051,042) ($1,066,339) ($1,984,703) ($3,051,042) ($1,066,339) ($1,984,703) ($3,051,042) ($1,066,339) ($1,984,703) ($3,051,042) 70.2 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($3,886,521) ($7,233,711) ($11,120,232) ($3,886,521) ($7,233,711) ($11,120,232) ($3,886,521) ($7,233,711) ($11,120,232) ($3,886,521) ($7,233,711) ($11,120,232) 70.3 Increase funds for 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person (MFP) grant. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,572,750 $2,914,091 $4,486,841 $1,572,750 $2,914,091 $4,486,841 $1,572,750 $2,914,091 $4,486,841 $1,572,750 $2,914,091 $4,486,841 70.4 Reduce funds due to savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,558,761) ($2,888,171) ($4,446,932) ($1,599,346) ($3,008,766) ($4,608,112) ($1,599,346) ($3,008,766) ($4,608,112) ($1,599,346) ($3,008,766) ($4,608,112) 70.5 Increase funds for benefits growth. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $9,896,470 $18,378,248 $28,274,718 $9,896,470 $18,378,248 $28,274,718 $9,896,470 $18,378,248 $28,274,718 $9,896,470 $18,378,248 $28,274,718 70.6 Increase funds to reflect loss of prior year reserves. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $63,872,418 ($63,872,418) $0 $63,872,418 ($63,872,418) $0 $63,872,418 ($63,872,418) $0 $63,872,418 ($63,872,418) $0 70.7 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members. State General Funds Medical Assistance Program CFDA93.778 ($4,865,799) ($9,015,662) ($4,865,799) ($9,015,662) ($4,865,799) ($9,015,662) ($4,865,799) ($9,015,662) FRIDAY, APRIL 3, 2009 4759 TOTAL PUBLIC FUNDS ($13,881,461) ($13,881,461) ($13,881,461) ($13,881,461) 70.8 Reduce funds received in HB990 (FY09G) for provider rate increases. (H:Delay the FY09 provider rate increases) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($35,083,373) ($35,083,373) ($35,083,373) ($35,083,373) ($65,004,703) ($65,004,703) ($65,004,703) ($65,004,703) ($100,088,076) ($100,088,076) ($100,088,076) ($100,088,076) 70.9 Reduce funds by recognizing additional savings from fraud and abuse recoveries. (S and CC:Reflect additional savings per SB165 (2009 Session)) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,597,692) ($2,960,305) ($4,557,997) ($1,597,692) ($2,960,305) ($4,557,997) ($8,699,147) ($16,118,324) ($24,817,471) ($8,699,147) ($16,118,324) ($24,817,471) 70.10 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $20,399,713 and Total Funds by $58,197,598 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 70.11 Increase funds to implement the HB990 (FY09G) rate increases for waiver service providers in both the Mental Retardation Waiver Program (MRWP) and the Community Care Service Program (CCSP) administered by the Department of Human Resources by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $3,077,675 and Total Funds by $8,780,187 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 70.12 Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($4,541,253), ambulance ($1,859,804), home health ($1,508,673), Healthcheck ($24,246), digital mammography ($150,686), global maternity ($579,701), and personal support services in the Independent Care Waiver Program (ICWP) ($354,680). (Gov Rev, H, and S:Reduce State General Funds by $9,019,044 and Total Funds by $25,730,103 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds $0 $0 $0 $0 4760 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 70.13 Increase funds by recognizing new hospital and managed care provider fees to implement the following nursing home increases: Fair rental value ($7,000,000), nursing home cost report updates ($6,207,000), and for the nursing home quality incentive program ($1,793,000). (Gov Rev, H, and S:Reduce State General Funds by $15,000,000 and Total Funds by $42,792,953 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 70.14 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. (Gov Rev:Reflect FMAP adjustments in line 70.15) Medical Assistance Program CFDA93.778 $0 $104,411,891 $104,411,891 $104,411,891 70.15 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($392,816,908) ($321,822,678) ($237,173,527) ($237,173,527) $366,923,626 $321,822,678 $237,173,527 $237,173,527 ($25,893,282) $0 $0 $0 70.16 Reduce funds for payments to inpatient and outpatient hospital providers by 10%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($31,613,233) $0 $0 $0 ($58,575,007) $0 $0 $0 ($90,188,240) $0 $0 $0 70.17 Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, MRWP, Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($37,176,548) $0 $0 $0 ($68,883,071) $0 $0 $0 ($106,059,619) $0 $0 $0 70.18 Increase funds for fair rental value ($7,000,000) and quality incentive program ($1,793,000) for nursing homes. (S:Increase funds for fair rental value) FRIDAY, APRIL 3, 2009 4761 State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $8,793,000 $26,127,571 $34,920,571 $9,393,000 $28,603,659 $37,996,659 $8,793,000 $26,127,571 $34,920,571 70.19 Reduce funds to realign Medicaid benefit expenditures. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($98,579,412) ($98,579,412) ($98,579,412) ($119,654,200) ($119,654,200) ($119,654,200) ($218,233,612) ($218,233,612) ($218,233,612) 70.20 Reduce funds to reflect savings from relocating 10% of long stay ventilator patients out of acute care settings and into skilled nursing facilities. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($3,800,000) ($7,040,881) ($10,840,881) ($3,800,000) ($7,040,881) ($10,840,881) 70.21 Transfer funds from the Nursing Home Provider Fees program to reflect where expenditures actually occur and recognize Nursing Home Provider Fees as a state fund source. Nursing Home Provider Fees Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $122,528,939 $218,425,317 $340,954,256 $122,528,939 $218,425,317 $340,954,256 70.99 CC: The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. There is also 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. State General Funds $0 70.100-Medicaid: Aged, Blind, and Disabled Appropriation (HB 119) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. There is also 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 $704,535,635 $754,492,649 $951,369,284 $950,769,284 State General Funds $704,535,635 $754,492,649 $828,840,345 $828,240,345 Nursing Home Provider Fees $122,528,939 $122,528,939 TOTAL FEDERAL FUNDS $2,638,241,369 $2,731,363,166 $2,847,416,520 $2,844,940,432 4762 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $2,638,241,369 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,672,408,624 $2,731,363,166 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,815,487,435 $2,847,416,520 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,128,417,424 $2,844,940,432 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,125,341,336 Medicaid: Low-Income Medicaid Continuation Budget The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $967,807,351 $967,807,351 $967,807,351 $967,807,351 State General Funds $916,833,695 $916,833,695 $916,833,695 $916,833,695 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $2,020,232,680 $2,020,232,680 $2,020,232,680 $2,020,232,680 Medical Assistance Program CFDA93.778 $2,020,232,680 $2,020,232,680 $2,020,232,680 $2,020,232,680 TOTAL AGENCY FUNDS $153,356,580 $153,356,580 $153,356,580 $153,356,580 Reserved Fund Balances $141,028,264 $141,028,264 $141,028,264 $141,028,264 Reserved Fund Balances Not Itemized $141,028,264 $141,028,264 $141,028,264 $141,028,264 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 $13,416,847 $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,154,813,458 $3,154,813,458 $3,154,813,458 $3,154,813,458 71.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($133,661) ($247,656) ($381,317) ($133,661) ($247,656) ($381,317) ($133,661) ($247,656) ($381,317) ($133,661) ($247,656) ($381,317) 71.2 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,041,478) ($1,929,717) ($2,971,195) ($1,041,478) ($1,929,717) ($2,971,195) ($1,041,478) ($1,929,717) ($2,971,195) ($1,041,478) ($1,929,717) ($2,971,195) FRIDAY, APRIL 3, 2009 4763 71.3 Reduce funds due to savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,936,239) ($3,587,587) ($5,523,826) ($1,986,654) ($3,737,390) ($5,724,044) ($1,986,654) ($3,737,390) ($5,724,044) ($1,986,654) ($3,737,390) ($5,724,044) 71.4 Increase funds to reflect benefits growth. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $7,703,848 $14,274,179 $21,978,027 $7,703,848 $14,274,179 $21,978,027 $7,703,848 $14,274,179 $21,978,027 $7,703,848 $14,274,179 $21,978,027 71.5 Increase funds to reflect the loss of prior-year reserves. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $141,028,264 $141,028,264 $141,028,264 $141,028,264 ($141,028,264) ($141,028,264) ($141,028,264) ($141,028,264) $0 $0 $0 $0 71.6 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($4,052,454) ($7,508,644) ($11,561,098) ($4,052,454) ($7,508,644) ($11,561,098) ($4,052,454) ($7,508,644) ($11,561,098) ($4,052,454) ($7,508,644) ($11,561,098) 71.7 Replace funds for Medicaid benefits. State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS ($214,358,069) ($214,358,069) ($214,358,069) ($214,358,069) $214,358,069 $214,358,069 $214,358,069 $214,358,069 $0 $0 $0 $0 71.8 Reduce funds received in HB990 (FY09G) for provider rate increases. (H:Delay the FY09 provider rate increases) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($22,706,943) ($42,072,867) ($64,779,810) ($22,706,943) ($42,072,867) ($64,779,810) ($22,706,943) ($42,072,867) ($64,779,810) ($22,706,943) ($42,072,867) ($64,779,810) 71.9 Replace funds with prior year reserves transferred from the Indigent Care Trust Fund program. State General Funds Hospital Authorities Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS ($2,700,000) $2,700,000 $0 ($2,700,000) $2,700,000 $0 ($2,700,000) $0 $2,700,000 $0 ($2,700,000) $0 $2,700,000 $0 4764 JOURNAL OF THE SENATE 71.10 Reduce funds by recognizing additional savings from fraud and abuse recoveries. (S and CC:Reflect additional savings per SB165 (2009 Session)) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($260,090) ($481,911) ($742,001) ($260,090) ($481,911) ($742,001) ($1,416,144) ($2,623,919) ($4,040,063) ($1,416,144) ($2,623,919) ($4,040,063) 71.11 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $30,371,205 and Total Funds by $86,644,904 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 71.12 Reduce funds to reflect savings from new hospital and managed care provider fees. (Gov Rev, H, and S:Restore $111,486,829 in State General Funds and $318,056,712 in Total Funds due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 71.13 Increase funds for projected Medicaid needs by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $166,602,239 and Total Funds by $475,293,457 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 71.14 Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($8,808,522), ambulance ($65,641), home health ($309,251), Healthcheck ($652,395), digital mammography ($297,116), global maternity ($1,654,119), and personal support services in the Independent Care Waiver Program (ICWP) ($918). (Gov Rev, H, and S:Reduce State General Funds by $11,787,963 and Total Funds by $33,629,450 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds Medical Assistance Program CFDA93.778 $0 $0 $0 $0 $0 $0 $0 $0 FRIDAY, APRIL 3, 2009 4765 TOTAL PUBLIC FUNDS $0 $0 $0 $0 71.15 Reduce funds to reflect the revised Care Management Organization (CMO) fee projection based on new rate and updated enrollment. (Gov Rev:Reduce state general funds by $6,132,288 and federal funds by $11,362,292 to reflect a revised CMO fee projection of 5.5% for three months)(H and S:Reduce state general funds by $6,049,898 and increase federal funds by $40,622,707 to reflect a revised CMO fee projection of 5.5% for three months) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($94,738,548) ($94,656,158) ($94,656,158) ($94,656,158) ($175,537,603) ($123,552,604) ($123,552,604) ($123,552,604) ($270,276,151) ($218,208,762) ($218,208,762) ($218,208,762) 71.16 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. (Gov Rev:Reflect FMAP adjustments in line 71.18) Medical Assistance Program CFDA93.778 $0 $81,242,707 $81,242,707 $81,242,707 71.17 Reduce funds for payments to inpatient and outpatient hospital providers by 10%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($46,575,662) $0 $0 $0 ($86,298,347) $0 $0 $0 ($132,874,009) $0 $0 $0 71.18 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($57,533,090) ($328,071,736) ($270,745,294) ($270,745,294) $320,534,001 $328,071,736 $270,745,294 $270,745,294 $263,000,911 $0 $0 $0 71.19 Increase funds. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $55,115,410 $135,595,351 $190,710,761 $55,115,410 $135,595,351 $190,710,761 $55,115,410 $135,595,351 $190,710,761 $55,115,410 $135,595,351 $190,710,761 71.20 Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, Mental Retardation Waiver Program (MRWP), Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management. State General Funds Medical Assistance Program CFDA93.778 ($27,156,347) $0 $0 $0 ($50,317,006) $0 $0 $0 4766 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS ($77,473,353) $0 $0 $0 71.21 Increase funds to realign Medicaid benefit expenditures. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $92,953,715 $172,230,551 $265,184,266 $92,953,715 $172,230,551 $265,184,266 $92,953,715 $172,230,551 $265,184,266 71.22 Increase funds to provide family planning services to women at 200% of the federal poverty level, contingent upon receipt of a Centers for Medicare & Medicaid Services (CMS) waiver. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $225,000 $2,025,000 $2,250,000 $225,000 $2,025,000 $2,250,000 $225,000 $2,025,000 $2,250,000 71.23 Replace funds to recognize Care Management Organization Quality Assessment Fees as a state fund source. State General Funds Care Management Organization Fees TOTAL PUBLIC FUNDS ($37,557,487) $37,557,487 $0 ($37,557,487) $37,557,487 $0 71.100-Medicaid: Low-Income Medicaid Appropriation (HB 119) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $912,820,361 $809,224,414 $865,394,802 $865,394,802 State General Funds $647,488,636 $543,892,689 $562,505,590 $562,505,590 Tobacco Settlement Funds $265,331,725 $265,331,725 $265,331,725 $265,331,725 Care Management Organization Fees $37,557,487 $37,557,487 TOTAL FEDERAL FUNDS $2,122,654,873 $2,574,141,415 $2,514,672,965 $2,514,672,965 Medical Assistance Program CFDA93.778 $2,122,654,873 $2,574,141,415 $2,514,672,965 $2,514,672,965 TOTAL AGENCY FUNDS $15,028,316 $15,028,316 $15,028,316 $15,028,316 Intergovernmental Transfers $15,028,316 $15,028,316 $12,328,316 $12,328,316 Hospital Authorities $15,028,316 $15,028,316 $12,328,316 $12,328,316 Sanctions, Fines, and Penalties $2,700,000 $2,700,000 Sanctions, Fines, and Penalties Not Itemized $2,700,000 $2,700,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,063,920,397 $3,411,810,992 $3,408,512,930 $3,408,512,930 FRIDAY, APRIL 3, 2009 4767 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 $215,064,801 $215,064,801 $335,870,759 $120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759 $120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759 $120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759 72.1 Increase funds to reflect revised Nursing Home Provider Fee collections based on updated enrollment and cost data. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,722,981 $3,192,449 $4,915,430 $1,722,981 $3,192,449 $4,915,430 $1,722,981 $3,192,449 $4,915,430 $1,722,981 $3,192,449 $4,915,430 72.2 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. Medical Assistance Program CFDA93.778 $168,067 $168,067 $168,067 $168,067 72.3 Transfer funds to the Medicaid: Aged, Blind and Disabled program to reflect where expenditures actually occur and reflect Nursing Home Provider Fees as a state fund source. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($122,528,939) ($122,528,939) ($218,425,317) ($218,425,317) ($340,954,256) ($340,954,256) 72.100-Nursing Home Provider Fees Appropriation (HB 119) 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 $122,528,939 $122,528,939 State General Funds $122,528,939 $122,528,939 TOTAL FEDERAL FUNDS $218,425,317 $218,425,317 Medical Assistance Program CFDA93.778 $218,425,317 $218,425,317 TOTAL PUBLIC FUNDS $340,954,256 $340,954,256 4768 JOURNAL OF THE SENATE PeachCare Continuation Budget The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. TOTAL STATE FUNDS $98,672,929 $98,672,929 $98,672,929 $98,672,929 State General Funds $98,672,929 $98,672,929 $98,672,929 $98,672,929 TOTAL FEDERAL FUNDS $294,846,511 $294,846,511 $294,846,511 $294,846,511 State Children's Insurance Program CFDA93.767 $294,846,511 $294,846,511 $294,846,511 $294,846,511 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 $393,671,223 $393,671,223 $393,671,223 $393,671,223 73.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($72,001) ($221,432) ($293,433) ($72,001) ($221,432) ($293,433) ($72,001) ($221,432) ($293,433) ($72,001) ($221,432) ($293,433) 73.2 Reduce funds received in HB990 (FY09G) for provider rate increases. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($1,284,916) ($3,951,624) ($5,236,540) ($1,284,916) ($3,951,624) ($5,236,540) ($1,284,916) ($3,951,624) ($5,236,540) ($1,284,916) ($3,951,624) ($5,236,540) 73.3 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $1,443,018 and Total Funds by $5,880,868 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 73.4 Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($305,777), ambulance ($63,553), home health ($5,648), Healthcheck ($63,310), digital mammography ($28,076), and global maternity ($138,187). (Gov Rev, H, and S:Reduce State General Funds by $604,551 and Total Funds by $2,463,783 due to the removal of the hospital and CMO provider fees in the revised revenue estimate) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 FRIDAY, APRIL 3, 2009 4769 73.5 Increase funds for projected needs by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Increase funds to cover projected PeachCare needs) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $8,019,268 $24,662,415 $32,681,683 $8,019,268 $24,662,415 $32,681,683 $8,019,268 $24,662,415 $32,681,683 $8,019,268 $24,662,415 $32,681,683 73.6 Reduce funds to reflect the revised Care Management Organization (CMO) fee projection based on new rate and updated enrollment. (Gov Rev:Reduce state general funds by $831,526 and federal funds by $2,556,411 to reflect a revised CMO fee projection of 5.5% for three months)(H and S:Reduce state general funds by $943,736 and federal funds by $891,513 to reflect a revised CMO fee projection of 5.5% for three months) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($16,066,726) ($49,411,526) ($65,478,252) ($16,179,206) ($47,746,598) ($63,925,804) ($16,179,206) ($47,746,598) ($63,925,804) ($16,179,206) ($47,746,598) ($63,925,804) 73.7 Increase funds to reflect the change in the PeachCare federal participation rate from 74.90% in FY09 to 75.54% in FY10. State Children's Insurance Program CFDA93.767 $10,354,583 $10,354,583 $10,354,583 $10,354,583 73.8 Reduce funds for payments to inpatient and outpatient hospital providers by 10%. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($2,528,327) $0 $0 $0 ($7,775,604) $0 $0 $0 ($10,303,931) $0 $0 $0 73.9 Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, Mental Retardation Waiver Program (MRWP), Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($4,548,141) $0 $0 $0 ($13,987,329) $0 $0 $0 ($18,535,470) $0 $0 $0 73.10 Increase funds to realign PeachCare benefit expenditures. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $5,625,697 $17,298,904 $22,924,601 $3,748,882 $11,527,735 $15,276,617 $3,748,882 $11,527,735 $15,276,617 73.11 Replace funds to recognize Care Management Organization Quality Assessment Fees as a state fund source. 4770 JOURNAL OF THE SENATE State General Funds Care Management Organization Fees TOTAL PUBLIC FUNDS ($4,967,414) $4,967,414 $0 ($4,967,414) $4,967,414 $0 73.99 CC: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. Senate: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. State General Funds $0 $0 73.100 -PeachCare Appropriation (HB 119) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $82,192,086 $94,781,771 $92,904,956 $92,904,956 State General Funds $82,192,086 $94,781,771 $87,937,542 $87,937,542 Care Management Organization Fees $4,967,414 $4,967,414 TOTAL FEDERAL FUNDS $254,515,994 $295,242,759 $289,471,590 $289,471,590 State Children's Insurance Program CFDA93.767 $254,515,994 $295,242,759 $289,471,590 $289,471,590 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 $336,859,863 $390,176,313 $382,528,329 $382,528,329 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. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL AGENCY FUNDS $30,345,470 $30,345,470 $30,345,470 $30,345,470 Reserved Fund Balances $30,345,470 $30,345,470 $30,345,470 $30,345,470 Reserved Fund Balances Not Itemized $30,345,470 $30,345,470 $30,345,470 $30,345,470 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,674,397,696 State Funds Transfers $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,674,397,696 Health Insurance Payments $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,674,397,696 TOTAL PUBLIC FUNDS $2,704,743,166 $2,704,743,166 $2,704,743,166 $2,704,743,166 74.1 Increase funds to reflect projected revenue above the original appropriation. (H and S:Adjust revenue to reflect projected increases from growth in enrollment and payroll) FRIDAY, APRIL 3, 2009 4771 Health Insurance Payments $224,421,309 $87,191,472 $87,191,472 $87,191,472 74.2 Replace one-time prior year reserve funds. Reserved Fund Balances Not Itemized Health Insurance Payments TOTAL PUBLIC FUNDS ($30,345,470) $30,345,470 $0 ($30,345,470) $30,345,470 $0 ($30,345,470) $30,345,470 $0 ($30,345,470) $30,345,470 $0 74.3 Increase funds to reflect the implementation of optimal pricing strategies to incentivize member enrollment in Consumer Driven Health Plans (CDHP) while increasing employee premiums by an average of 5%. (S: Effective July 1, 2009, increase PPO and HMO premiums by 10% and increase tobacco surcharge by $10; Effective January 1, 2010, increase all premiums by 5% and increase spousal surcharge by $10)(CC:Maintain current plan) Health Insurance Payments $17,122,353 $17,122,353 $17,122,353 $17,122,353 74.4 Reduce employer contribution rate for state employees from 22.165% to 17.856% to reflect a reduction in contributions for Other Post-Employment Benefits (OPEB). (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Adjust the employer contribution rate for SHBP to eliminate the fund balance; an increase from 16.567% to 17.329% for state employees and from 17.245% to 18.046% for teachers, effective January 1, 2010)(S and CC:Restore rates to prior amounts and utilize surpluses to cover the Department of Education's contribution for non-certificated employees and retirees) Health Insurance Payments ($169,301,492) ($236,912,007) ($248,864,058) ($166,647,981) 74.5 Utilize FY09 net assets to subsidize FY10 employer contributions. (S:YES) Reserved Fund Balances Not Itemized Health Insurance Payments TOTAL PUBLIC FUNDS $168,620,098 $168,620,098 $0 $0 $168,620,098 74.6 Increase funds to maintain the employee share of the State Health Benefit Plan at 25%. (S:Increase funds to implement cost saving plans, including encouraging increased employee utilization of CDHPs)(CC:Maintain current employee-employer ratio) Health Insurance Payments $70,264,026 $82,326,391 $0 74.99 CC: The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. Senate: The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. 4772 JOURNAL OF THE SENATE State General Funds $0 $0 74.100-State Health Benefit Plan Appropriation (HB 119) The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. TOTAL AGENCY FUNDS $168,620,098 Reserved Fund Balances $168,620,098 Reserved Fund Balances Not Itemized $168,620,098 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,776,985,336 $2,811,029,108 $2,642,519,324 $2,642,409,010 State Funds Transfers $2,776,985,336 $2,811,029,108 $2,642,519,324 $2,642,409,010 Health Insurance Payments $2,776,985,336 $2,811,029,108 $2,642,519,324 $2,642,409,010 TOTAL PUBLIC FUNDS $2,776,985,336 $2,811,029,108 $2,642,519,324 $2,811,029,108 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 State General Funds TOTAL PUBLIC FUNDS 75.1 Defer the FY09 cost of living adjustment. $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 $1,439,892 State General Funds ($2,704) ($2,704) ($2,704) ($2,704) 75.2 Defer special adjustments to selected job classes. State General Funds ($8,547) ($8,547) ($8,547) ($8,547) 75.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($8,114) ($7,011) $0 $0 75.4 Reduce funds from medical scholarship awards. FRIDAY, APRIL 3, 2009 4773 State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 75.5 Reduce funds from the contract with the Georgia Student Finance Commission for loan and scholarship tracking and administer internally. State General Funds ($15,000) ($15,000) ($15,000) ($15,000) 75.6 Reduce funds from the loan repayment program. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 75.99 CC: 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. Senate: 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. House: 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. Gov Rev: 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. State General Funds $0 $0 $0 $0 75.100-Medical Education Board, State Appropriation (HB 119) 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. TOTAL STATE FUNDS $1,320,527 $1,321,630 $1,328,641 $1,328,641 State General Funds $1,320,527 $1,321,630 $1,328,641 $1,328,641 TOTAL PUBLIC FUNDS $1,320,527 $1,321,630 $1,328,641 $1,328,641 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 State General Funds TOTAL PUBLIC FUNDS 76.1 Defer the FY09 cost of living adjustment. $855,498 $855,498 $855,498 $855,498 $855,498 $855,498 State General Funds ($5,716) ($5,716) 76.2 Defer special adjustments to selected job classes. $855,498 $855,498 $855,498 ($5,716) $855,498 $855,498 $855,498 ($5,716) 4774 JOURNAL OF THE SENATE State General Funds ($23,430) ($23,430) ($23,430) ($23,430) 76.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($19,406) ($16,770) $0 $0 76.4 Eliminate one-time funds. State General Funds ($26,525) ($26,525) ($26,525) ($26,525) 76.5 Reduce funds received in HB990 (FY09G) from the internship program. State General Funds ($12,000) ($12,000) ($12,000) ($12,000) 76.6 Reduce funds received in HB990 (FY09G) and defer the medical education expansion study. State General Funds ($110,000) ($500,000) ($110,000) ($110,000) 76.100-Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $658,421 $271,057 $677,827 State General Funds $658,421 $271,057 $677,827 TOTAL PUBLIC FUNDS $658,421 $271,057 $677,827 $677,827 $677,827 $677,827 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 $9,853,061 State General Funds $9,853,061 TOTAL PUBLIC FUNDS $9,853,061 77.1 Reduce funds received in HB990 (FY09G) for graduate medical education. $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 $9,853,061 State General Funds ($343,797) $0 ($343,797) $0 77.2 Reduce funds to reflect the revised revenue estimate. FRIDAY, APRIL 3, 2009 4775 State General Funds ($87,600) 77.3 Reduce funds from the Athens/Gainesville Area medical expansion study. State General Funds $0 ($87,600) $0 ($500,000) ($500,000) 77.100 -Physician Education Workforce, Georgia Board of: Graduate Medical Appropriation (HB 119) 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 $9,421,664 $9,853,061 $8,921,664 $9,353,061 State General Funds $9,421,664 $9,853,061 $8,921,664 $9,353,061 TOTAL PUBLIC FUNDS $9,421,664 $9,853,061 $8,921,664 $9,353,061 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 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 78.1 Reduce funds from the Mercer School of Medicine operating grant by 8.7%. (CC:Reduce funds by 4.3%) $24,560,862 $24,560,862 $24,560,862 State General Funds ($2,131,969) $0 ($1,065,985) ($1,065,985) 78.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($206,616) $0 ($206,616) $0 78.99 CC: The purpose of this appropriation is to provide funding for the Mercer University School of Medicine to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. State General Funds $0 78.100-Physician Workforce, Medicine Grant Georgia Board of: Mercer School ofAppropriation (HB 119) The purpose of this appropriation is to provide funding for the Mercer University School of Medicine to help ensure an adequate 4776 JOURNAL OF THE SENATE supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. TOTAL STATE FUNDS $22,222,277 $24,560,862 $23,288,261 $23,494,877 State General Funds $22,222,277 $24,560,862 $23,288,261 $23,494,877 TOTAL PUBLIC FUNDS $22,222,277 $24,560,862 $23,288,261 $23,494,877 Physician Workforce, Medicine Grant Georgia Board of: Morehouse School ofContinuation 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 $12,997,293 $12,997,293 $12,997,293 State General Funds $12,997,293 $12,997,293 $12,997,293 TOTAL PUBLIC FUNDS $12,997,293 $12,997,293 $12,997,293 79.1 Reduce funds from the Morehouse School of Medicine operating grant by 8.7%. (CC:Reduce by 4.3%) $12,997,293 $12,997,293 $12,997,293 State General Funds ($1,128,211) $0 ($564,106) ($564,106) 79.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($109,339) $0 ($109,339) $0 79.99 CC: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. State General Funds $0 79.100-Physician Workforce, Medicine Grant Georgia Board of: Morehouse School ofAppropriation (HB 119) The purpose of this appropriation is to provide funding for the Morehouse School of Medicine to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. TOTAL STATE FUNDS $11,759,743 $12,997,293 $12,323,848 $12,433,187 State General Funds $11,759,743 $12,997,293 $12,323,848 $12,433,187 TOTAL PUBLIC FUNDS $11,759,743 $12,997,293 $12,323,848 $12,433,187 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. FRIDAY, APRIL 3, 2009 4777 TOTAL STATE FUNDS $3,538,484 State General Funds $3,538,484 TOTAL PUBLIC FUNDS $3,538,484 80.1 Reduce funds from the undergraduate medical education program. $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 State General Funds ($377,978) $0 ($188,989) $0 80.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($29,115) $0 ($29,115) $0 80.99 CC: 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 medical schools in Georgia. State General Funds $0 80.100 -Physician Education Workforce, Georgia Board of: Undergraduate Medical Appropriation (HB 119) 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 medical schools in Georgia. TOTAL STATE FUNDS $3,131,391 $3,538,484 $3,320,380 $3,538,484 State General Funds $3,131,391 $3,538,484 $3,320,380 $3,538,484 TOTAL PUBLIC FUNDS $3,131,391 $3,538,484 $3,320,380 $3,538,484 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 $20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972 $353,240 $41,694 $19,105,217 $19,105,217 $20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972 $353,240 $41,694 $19,105,217 $19,105,217 $20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972 $353,240 $41,694 $19,105,217 $19,105,217 $20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972 $353,240 $41,694 $19,105,217 $19,105,217 4778 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 171.1 Defer the FY09 cost of living adjustment. $270,000 $270,000 $270,000 $59,361,012 $270,000 $270,000 $270,000 $59,361,012 $270,000 $270,000 $270,000 $59,361,012 $270,000 $270,000 $270,000 $59,361,012 State General Funds ($155,696) ($155,696) ($155,696) ($155,696) 171.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($484,702) ($437,130) $0 $0 171.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,844 $1,844 $1,844 $1,844 171.4 Reduce funds from family planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars. Temporary Assistance for Needy Families Grant CFDA93.558 ($6,499,521) ($1,099,521) ($3,894,772) ($3,894,772) 171.5 Reduce funds designated to purchase supplies and other operating expenses. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 171.6 Reduce funds from nutrition education. State General Funds ($122,759) ($122,759) ($122,759) ($122,759) 171.7 Reduce funds from prostate cancer education provided by the Regional Cancer Coalitions. State General Funds ($85,000) ($85,000) ($85,000) ($85,000) 171.8 Eliminate funds for the coordinated school health outreach programs. Maternal & Child Health Services Block Grant CFDA93.994 ($1,021,604) ($1,021,604) ($1,021,604) ($1,021,604) 171.9 Reduce funds by eliminating seven vacant positions. State General Funds ($776,562) ($776,562) ($776,562) ($776,562) 171.10 Reduce funds by eliminating two filled state office positions and eighteen filled district health promotion coordinator positions. FRIDAY, APRIL 3, 2009 4779 State General Funds ($1,136,228) ($1,136,228) ($1,136,228) ($1,136,228) 171.11 Reduce funds for one position and fund with existing federal funds. State General Funds ($49,879) ($49,879) ($49,879) ($49,879) 171.12 Reduce and defer funds received in HB95 (FY08G) for the Diabetes Care Coalition. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) 171.13 Reduce and defer funds received in HB990 (FY09G) for the Helen Keller National Center. State General Funds ($229,513) ($229,513) ($229,513) ($229,513) 171.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($7,683,299) ($25,631) ($6,105,228) ($13,814,158) ($7,683,299) ($25,631) ($6,105,228) ($13,814,158) ($7,683,299) ($25,631) $0 ($7,708,930) ($7,683,299) ($25,631) $0 ($7,708,930) 171.99 CC: 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. Senate: 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. Funds provided by this appropriation shall not be used to provide contraceptives to minors without parental consent. State General Funds $0 $0 171.100-Adolescent and Adult Health Promotion Appropriation (HB 119) 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 $9,616,490 $9,664,062 $10,101,192 $10,101,192 State General Funds $4,551,313 $4,598,885 $5,036,015 $5,036,015 Tobacco Settlement Funds $5,065,177 $5,065,177 $5,065,177 $5,065,177 TOTAL FEDERAL FUNDS $24,875,744 $30,275,744 $33,585,721 $33,585,721 Federal Funds Not Itemized $17,796,605 $17,796,605 $17,796,605 $17,796,605 Maternal & Child Health Services Block Grant CFDA93.994 $209,368 $209,368 $209,368 $209,368 Medical Assistance Program CFDA93.778 $327,609 $327,609 $327,609 $327,609 4780 JOURNAL OF THE SENATE Preventive Health & Health Services Block Grant CFDA93.991 $41,694 Temporary Assistance for Needy Families $6,500,468 Temporary Assistance for Needy Families Grant CFDA93.558 $6,500,468 TOTAL AGENCY FUNDS $270,000 Contributions, Donations, and Forfeitures $270,000 Contributions, Donations, and Forfeitures Not Itemized $270,000 TOTAL PUBLIC FUNDS $34,762,234 $41,694 $11,900,468 $11,900,468 $270,000 $270,000 $270,000 $40,209,806 $41,694 $15,210,445 $15,210,445 $270,000 $270,000 $270,000 $43,956,913 $41,694 $15,210,445 $15,210,445 $270,000 $270,000 $270,000 $43,956,913 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 PUBLIC FUNDS 175.1 Defer the FY09 cost of living adjustment. $12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603 $12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603 $12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603 $12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603 State General Funds ($15,390) ($15,390) ($15,390) ($15,390) 175.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($55,292) ($49,865) $0 $0 175.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $9,203 $9,203 $9,203 $9,203 175.4 Reduce funds from the Stroke and Heart Attack Prevention Program (SHAPP). FRIDAY, APRIL 3, 2009 4781 State General Funds ($916,038) ($916,038) ($916,038) ($916,038) 175.5 Reduce funds and transfer all Cancer State Aid positions to existing federal funds. State General Funds ($140,000) ($140,000) ($140,000) ($140,000) 175.6 Reduce and defer funds received in HB990 (FY09G) for the Georgia Commission to Save the Cure. State General Funds ($240,000) ($240,000) ($240,000) ($240,000) 175.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($3,288,525) ($3,288,525) ($3,288,525) ($3,288,525) 175.100-Adult Essential Health Treatment Services Appropriation (HB 119) 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 $7,754,582 $7,760,009 $7,809,874 $7,809,874 State General Funds $1,279,582 $1,285,009 $1,334,874 $1,334,874 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $3,452,979 $3,452,979 $3,452,979 $3,452,979 Federal Funds Not Itemized $2,166,763 $2,166,763 $2,166,763 $2,166,763 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 PUBLIC FUNDS $11,207,561 $11,212,988 $11,262,853 $11,262,853 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 Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $6,401,703 $6,401,703 $42,726,666 $41,171,412 $407,750 $1,147,504 $49,128,369 $6,401,703 $6,401,703 $42,726,666 $41,171,412 $407,750 $1,147,504 $49,128,369 $6,401,703 $6,401,703 $42,726,666 $41,171,412 $407,750 $1,147,504 $49,128,369 $6,401,703 $6,401,703 $42,726,666 $41,171,412 $407,750 $1,147,504 $49,128,369 193.1 Defer the FY09 cost of living adjustment. 4782 JOURNAL OF THE SENATE State General Funds ($9,134) ($9,134) ($9,134) ($9,134) 193.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($32,816) ($29,595) $0 $0 193.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $16,196 $16,196 $16,196 $16,196 193.4 Reduce funds by eliminating three vacant positions. State General Funds ($125,854) ($125,854) ($125,854) ($125,854) 193.5 Reduce funds from the antiviral storage contract. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 193.6 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($7,540) ($7,540) ($7,540) ($7,540) 193.7 Reduce funds from Trauma Center contracts. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 193.8 Increase funds for the Georgia Trauma Network Commission (GTNC) with funds raised from additional license reinstatement fees from drivers who violate speed limits, excessively or repeatedly violate traffic laws, and with funds from new provider fees in the Department of Community Health. (Gov Rev:Reduce funds by $37,000,000 due to the revised revenue estimate)(H:Reflect Super Speeder revenue ($23,000,000) per HB160 (2009 Session) and increase funds ($10,000,000). Transfer 11% of trauma appropriation to the Department of Community Health to provide EMS with a rate increase to cover uncompensated care)(S and CC:Reduce funds by $37,000,000 due to the revised revenue estimate) State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS $23,000,000 $0 $23,000,000 $33,000,000 $0 $33,000,000 $23,000,000 $0 $23,000,000 $23,000,000 $0 $23,000,000 193.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($1,937,188) ($1,937,188) ($1,937,188) ($1,937,188) FRIDAY, APRIL 3, 2009 4783 193.100-Emergency Preparedness / Trauma System Improvement Appropriation (HB 119) 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 $26,205,367 $36,208,588 $26,238,183 $26,238,183 State General Funds $26,205,367 $36,208,588 $26,238,183 $26,238,183 TOTAL FEDERAL FUNDS $42,726,666 $42,726,666 $42,726,666 $42,726,666 Federal Funds Not Itemized $41,171,412 $41,171,412 $41,171,412 $41,171,412 Maternal & Child Health Services Block Grant CFDA93.994 $407,750 $407,750 $407,750 $407,750 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 $1,147,504 TOTAL PUBLIC FUNDS $68,932,033 $78,935,254 $68,964,849 $68,964,849 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 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 $5,996,602 $5,880,965 $115,637 $6,419,324 $6,017,054 $205,520 $196,750 $53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746 $5,996,602 $5,880,965 $115,637 $6,419,324 $6,017,054 $205,520 $196,750 $53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746 $5,996,602 $5,880,965 $115,637 $6,419,324 $6,017,054 $205,520 $196,750 $53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746 $5,996,602 $5,880,965 $115,637 $6,419,324 $6,017,054 $205,520 $196,750 $53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746 195.1 Defer the FY09 cost of living adjustment. State General Funds ($23,079) ($23,079) ($23,079) ($23,079) 195.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce 4784 JOURNAL OF THE SENATE funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($82,921) ($74,783) $0 $0 195.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,778 $1,778 $1,778 $1,778 195.4 Reduce funds by eliminating three vacant positions. State General Funds ($139,954) ($139,954) ($139,954) ($139,954) 195.5 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($1,130) ($1,130) ($1,130) ($1,130) 195.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($1,383,026) ($1,383,026) ($1,383,026) ($1,383,026) 195.100 -Epidemiology Appropriation (HB 119) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $4,368,270 $4,376,408 $4,451,191 $4,451,191 State General Funds $4,252,633 $4,260,771 $4,335,554 $4,335,554 Tobacco Settlement Funds $115,637 $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $6,419,324 $6,419,324 $6,419,324 $6,419,324 Federal Funds Not Itemized $6,017,054 $6,017,054 $6,017,054 $6,017,054 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 $53,000 $53,000 $53,000 $53,000 Contributions, Donations, and Forfeitures $53,000 $53,000 $53,000 $53,000 Contributions, Donations, and Forfeitures Not Itemized $53,000 $53,000 $53,000 $53,000 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 TOTAL PUBLIC FUNDS $10,893,414 $10,901,552 $10,976,335 $10,976,335 FRIDAY, APRIL 3, 2009 4785 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 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 200.1 Defer the FY09 cost of living adjustment. $11,962,587 $11,962,587 $15,888,264 $7,100,850 $6,762,746 $1,320,956 $703,712 $469,946 $469,946 $469,946 $28,320,797 $11,962,587 $11,962,587 $15,888,264 $7,100,850 $6,762,746 $1,320,956 $703,712 $469,946 $469,946 $469,946 $28,320,797 $11,962,587 $11,962,587 $15,888,264 $7,100,850 $6,762,746 $1,320,956 $703,712 $469,946 $469,946 $469,946 $28,320,797 $11,962,587 $11,962,587 $15,888,264 $7,100,850 $6,762,746 $1,320,956 $703,712 $469,946 $469,946 $469,946 $28,320,797 State General Funds ($40,230) ($40,230) ($40,230) ($40,230) 200.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($144,537) ($130,351) $0 $0 200.3 Replace funds for the purchase of Rotavirus vaccines for uninsured infants. State General Funds Maternal & Child Health Services Block Grant CFDA93.994 TOTAL PUBLIC FUNDS ($402,131) $402,131 $0 ($402,131) $402,131 $0 ($402,131) $402,131 $0 ($402,131) $402,131 $0 200.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($8,767,321) ($8,767,321) ($8,767,321) ($8,767,321) 200.100 -Immunization Appropriation (HB 119) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,608,368 $2,622,554 $2,752,905 $2,752,905 4786 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,608,368 $16,290,395 $7,100,850 $7,164,877 $1,320,956 $703,712 $469,946 $469,946 $469,946 $19,368,709 $2,622,554 $16,290,395 $7,100,850 $7,164,877 $1,320,956 $703,712 $469,946 $469,946 $469,946 $19,382,895 $2,752,905 $16,290,395 $7,100,850 $7,164,877 $1,320,956 $703,712 $469,946 $469,946 $469,946 $19,513,246 $2,752,905 $16,290,395 $7,100,850 $7,164,877 $1,320,956 $703,712 $469,946 $469,946 $469,946 $19,513,246 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 201.1 Defer the FY09 cost of living adjustment. $38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372 $267,356 $67,286,978 $38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372 $267,356 $67,286,978 $38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372 $267,356 $67,286,978 $38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372 $267,356 $67,286,978 State General Funds ($136,563) ($136,563) ($136,563) ($136,563) 201.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($490,638) ($442,484) $0 $0 201.3 Reduce funds from the Hemophilia of Georgia contract. FRIDAY, APRIL 3, 2009 4787 State General Funds ($382,000) ($132,000) ($132,000) ($132,000) 201.4 Reduce funds received in HB990 (FY09G) for a second sickle cell bus. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 201.5 Reduce funds by eliminating two vacant positions. State General Funds ($92,084) ($92,084) ($92,084) ($92,084) 201.6 Reduce funds from Tertiary Care Center contracts by 10%. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 201.7 Reduce funds and defer the planned expansion of the purchase of car beds. State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 201.8 Reduce funds from Babies Can't Wait by realizing savings achieved with the implementation of the Primary Service Delivery Model. State General Funds ($1,200,000) ($1,200,000) ($1,200,000) ($1,200,000) 201.9 Reduce funds from sickle cell services provided through the Fulton-DeKalb Hospital Authority contract. State General Funds ($88,796) ($88,796) ($88,796) ($88,796) 201.10 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($21,218) ($21,218) ($21,218) ($21,218) 201.11 Reduce funds from the Infant and Maternal Health Advisory Council. State General Funds ($144,430) ($144,430) ($144,430) ($144,430) 201.12 Reduce funds previously used for tertiary care center contracts management. State General Funds ($466,137) ($466,137) ($466,137) ($466,137) 201.13 Reduce funds and transfer five state funded positions to federal funds. State General Funds ($260,349) ($260,349) ($260,349) ($260,349) 201.14 Reduce funds designated for the purchase of supplies and other expenses. State General Funds ($264,000) ($264,000) ($264,000) ($264,000) 201.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($8,281,533) ($19,308) ($8,300,841) ($8,281,533) ($19,308) ($8,300,841) ($8,281,533) ($19,308) ($8,300,841) ($8,281,533) ($19,308) ($8,300,841) 4788 JOURNAL OF THE SENATE 201.100-Infant and Child Essential Health Treatment Services Appropriation (HB 119) 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 $26,569,713 $26,867,867 $27,310,351 $27,310,351 State General Funds $26,569,713 $26,867,867 $27,310,351 $27,310,351 TOTAL FEDERAL FUNDS $28,334,209 $28,334,209 $28,334,209 $28,334,209 Federal Funds Not Itemized $18,441,920 $18,441,920 $18,441,920 $18,441,920 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 $54,903,922 $55,202,076 $55,644,560 $55,644,560 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 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS 202.1 Defer the FY09 cost of living adjustment. $29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694 $29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694 $29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694 $29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577 $156,221 $4,094,783 $4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694 State General Funds ($575,679) ($575,679) ($575,679) ($575,679) 202.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits FRIDAY, APRIL 3, 2009 4789 (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,068,296) ($1,865,301) $0 $0 202.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $15,850 $15,850 $15,850 $15,850 202.4 Reduce funds received in HB95 (FY08G) for the YMCA Fit for Life program. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 202.5 Reduce and defer funds received in HB990 (FY09G) for the Safe House Outreach contract. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 202.6 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($4,760) ($4,760) ($4,760) ($4,760) 202.7 Reduce funds and defer the planned expansion of the purchase of car seats. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 202.8 Reduce funds to recognize administrative efficiencies in the newborn screening follow-up contract with Emory University. State General Funds ($134,320) ($134,320) ($134,320) ($134,320) 202.9 Reduce funds to reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs. State General Funds ($1,090,137) ($1,090,137) ($1,090,137) ($1,090,137) 202.10 Reduce funds by eliminating nine vacant positions. State General Funds ($380,875) ($380,875) ($380,875) ($380,875) 202.11 Reduce funds by shifting six positions to federal funds. State General Funds ($405,464) ($405,464) ($405,464) ($405,464) 202.12 Reduce funds by closing the Georgia Public Health (GPH) Laboratory on Saturdays and delaying the purchase of lab supplies. State General Funds ($335,700) ($335,700) ($335,700) ($335,700) 4790 JOURNAL OF THE SENATE 202.13 Reduce funds from the Integrated Family Support program. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,103,103) ($3,103,103) ($3,103,103) ($3,103,103) 202.14 Transfer funds to the Governor's Office of Children and Families for victims of child prostitution and trafficking. Temporary Assistance for Needy Families Grant CFDA93.558 ($991,680) ($991,680) 202.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($14,643,227) ($2,389,315) ($17,032,542) ($14,643,227) ($2,389,315) ($17,032,542) ($14,643,227) ($2,389,315) ($17,032,542) ($14,643,227) ($2,389,315) ($17,032,542) 202.100-Infant and Child Health Promotion Appropriation (HB 119) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $9,895,554 $10,098,549 $11,963,850 $11,963,850 State General Funds $9,895,554 $10,098,549 $11,963,850 $11,963,850 TOTAL FEDERAL FUNDS $269,639,289 $269,639,289 $268,647,609 $268,647,609 Federal Funds Not Itemized $260,701,797 $260,701,797 $260,701,797 $260,701,797 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 $3,976,262 $3,976,262 $3,976,262 $3,976,262 Preventive Health & Health Services Block Grant CFDA93.991 $156,221 $156,221 $156,221 $156,221 Temporary Assistance for Needy Families $991,680 $991,680 Temporary Assistance for Needy Families Grant CFDA93.558 $991,680 $991,680 TOTAL AGENCY FUNDS $49,137 $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures $49,137 $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures Not Itemized $49,137 $49,137 $49,137 $49,137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $70,688 $70,688 $70,688 $70,688 Federal Funds Transfers $70,688 $70,688 $70,688 $70,688 FF National School Lunch Program CFDA10.555 $70,688 $70,688 $70,688 $70,688 TOTAL PUBLIC FUNDS $279,654,668 $279,857,663 $280,731,284 $280,731,284 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 $41,912,787 $41,912,787 $41,912,787 $41,912,787 FRIDAY, APRIL 3, 2009 4791 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 $41,912,787 $59,503,141 $58,704,521 $484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928 $41,912,787 $59,503,141 $58,704,521 $484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928 $41,912,787 $59,503,141 $58,704,521 $484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928 $41,912,787 $59,503,141 $58,704,521 $484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928 203.1 Defer the FY09 cost of living adjustment. State General Funds ($514,730) ($514,730) ($514,730) ($514,730) 203.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($784,078) ($707,124) $0 $0 203.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,353 $2,353 $2,353 $2,353 203.4 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($26,316) ($26,316) ($26,316) ($26,316) 203.5 Reduce funds by eliminating eight vacant positions. State General Funds ($396,186) ($396,186) ($396,186) ($396,186) 203.6 Reduce funds designated to purchase supplies and other operating expenses. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 203.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($10,492,254) ($10,492,254) ($10,492,254) ($10,492,254) 4792 JOURNAL OF THE SENATE 203.100-Infectious Disease Control Appropriation (HB 119) 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 $29,301,576 $29,378,530 $30,085,654 $30,085,654 State General Funds $29,301,576 $29,378,530 $30,085,654 $30,085,654 TOTAL FEDERAL FUNDS $59,503,141 $59,503,141 $59,503,141 $59,503,141 Federal Funds Not Itemized $58,704,521 $58,704,521 $58,704,521 $58,704,521 Maternal & Child Health Services Block Grant CFDA93.994 $484,489 $484,489 $484,489 $484,489 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 $88,954,717 $89,031,671 $89,738,795 $89,738,795 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 PUBLIC FUNDS 204.1 Defer the FY09 cost of living adjustment. $1,257,613 $1,107,613 $150,000 $1,459,130 $1,317,700 $29,425 $112,005 $2,716,743 $1,257,613 $1,107,613 $150,000 $1,459,130 $1,317,700 $29,425 $112,005 $2,716,743 $1,257,613 $1,107,613 $150,000 $1,459,130 $1,317,700 $29,425 $112,005 $2,716,743 $1,257,613 $1,107,613 $150,000 $1,459,130 $1,317,700 $29,425 $112,005 $2,716,743 State General Funds ($16,770) ($16,770) ($16,770) ($16,770) 204.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) FRIDAY, APRIL 3, 2009 4793 State General Funds ($60,253) ($54,339) $0 $0 204.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $788 $788 $788 $788 204.4 Reduce funds by eliminating one vacant position. State General Funds ($41,227) ($41,227) ($41,227) ($41,227) 204.5 Eliminate funds and discontinue suicide preventing planning activities. (S and CC:Transfer funds and activities for suicide prevention to the Adult Mental Health and Child and Adolescent Mental Health programs) State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS ($250,000) ($150,000) ($400,000) ($200,000) ($150,000) ($350,000) ($250,000) ($150,000) ($400,000) ($250,000) ($150,000) ($400,000) 204.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 204.100-Injury Prevention Appropriation (HB 119) 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 $240,151 $296,065 $300,404 $300,404 State General Funds $240,151 $296,065 $300,404 $300,404 TOTAL FEDERAL FUNDS $1,459,130 $1,459,130 $1,459,130 $1,459,130 Federal Funds Not Itemized $1,317,700 $1,317,700 $1,317,700 $1,317,700 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 PUBLIC FUNDS $1,699,281 $1,755,195 $1,759,534 $1,759,534 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 $18,927,060 $18,927,060 $1,320,931 $18,927,060 $18,927,060 $1,320,931 $18,927,060 $18,927,060 $1,320,931 $18,927,060 $18,927,060 $1,320,931 4794 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 205.1 Defer the FY09 cost of living adjustment. $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253 $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253 $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253 $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253 State General Funds ($21,532) ($21,532) ($21,532) ($21,532) 205.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($77,361) ($69,768) $0 $0 205.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,389 $1,389 $1,389 $1,389 205.4 Reduce funds by eliminating one vacant position. State General Funds ($73,162) ($73,162) ($73,162) ($73,162) 205.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($14,880,955) ($12,257) ($14,893,212) ($14,880,955) ($12,257) ($14,893,212) ($14,880,955) ($12,257) ($14,893,212) ($14,880,955) ($12,257) ($14,893,212) 205.100-Inspections and Environmental Hazard Control Appropriation (HB 119) 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 $3,875,439 $3,883,032 $3,952,800 $3,952,800 FRIDAY, APRIL 3, 2009 4795 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 $3,875,439 $1,308,674 $707,327 $200,210 $64,365 $336,772 $438,262 $438,262 $438,262 $5,622,375 $3,883,032 $1,308,674 $707,327 $200,210 $64,365 $336,772 $438,262 $438,262 $438,262 $5,629,968 $3,952,800 $1,308,674 $707,327 $200,210 $64,365 $336,772 $438,262 $438,262 $438,262 $5,699,736 $3,952,800 $1,308,674 $707,327 $200,210 $64,365 $336,772 $438,262 $438,262 $438,262 $5,699,736 Public Health Formula Grants to Counties Continuation Budget TOTAL STATE FUNDS State General Funds 207.1 Defer the FY09 cost of living adjustment. $0 $0 $0 $0 $0 $0 $0 $0 State General Funds ($2,132,149) ($2,132,149) ($2,132,149) ($2,132,149) 207.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($5,950,505) ($3,658,265) $0 $0 207.3 Reduce funds from general grant in aid sent to districts and local county boards of health by 3.5%. State General Funds ($2,485,000) $0 $0 $0 207.4 Reduce funds from Family Planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars. (H:Transfer funds from the Support for Needy Families - Basic Assistance and Out of Home Care programs to partially restore funds) Temporary Assistance for Needy Families Grant CFDA93.558 ($3,500,479) ($536,713) $0 $0 207.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,571,171) ($1,571,171) ($1,571,171) ($1,571,171) 4796 JOURNAL OF THE SENATE 207.98 Transfer funds and activities for general grant-in-aid from the Adolescent and Adult Health Promotion, Adult Essential Health Treatment Services, Emergency Preparedness/Trauma System Improvement, Epidemiology, Immunization, Infant and Child Essential Health Treatment Services, Infant and Child Health Promotion, Infectious Disease Control, Injury Prevention, and Inspection and Environmental Hazard Control programs. State General Funds Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $71,857,328 $2,446,511 $6,105,228 $80,409,067 $71,857,328 $2,446,511 $6,105,228 $80,409,067 $71,857,328 $2,446,511 $0 $74,303,839 $71,857,328 $2,446,511 $0 $74,303,839 207.99 CC: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. Senate: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. House: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. Gov Rev: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. State General Funds $0 $0 $0 $0 207.100-Public Health Formula Grants to Counties Appropriation (HB 119) The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. TOTAL STATE FUNDS $59,718,503 $64,495,743 $68,154,008 $68,154,008 State General Funds $59,718,503 $64,495,743 $68,154,008 $68,154,008 TOTAL FEDERAL FUNDS $5,051,260 $8,015,026 $2,446,511 $2,446,511 Medical Assistance Program CFDA93.778 $2,446,511 $2,446,511 $2,446,511 $2,446,511 Temporary Assistance for Needy Families $2,604,749 $5,568,515 Temporary Assistance for Needy Families Grant CFDA93.558 $2,604,749 $5,568,515 TOTAL PUBLIC FUNDS $64,769,763 $72,510,769 $70,600,519 $70,600,519 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 $3,764,443 $3,764,443 $3,764,443 $3,764,443 $3,764,443 $3,764,443 $3,764,443 $3,764,443 FRIDAY, APRIL 3, 2009 4797 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 213.1 Defer the FY09 cost of living adjustment. $500,680 $500,680 $4,265,123 $500,680 $500,680 $4,265,123 $500,680 $500,680 $4,265,123 $500,680 $500,680 $4,265,123 State General Funds ($78,045) ($78,045) ($78,045) ($78,045) 213.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($280,400) ($252,880) $0 $0 213.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,169 $4,169 $4,169 $4,169 213.100-Vital Records Appropriation (HB 119) 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 $3,410,167 $3,437,687 $3,690,567 $3,690,567 State General Funds $3,410,167 $3,437,687 $3,690,567 $3,690,567 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 $500,680 TOTAL PUBLIC FUNDS $3,910,847 $3,938,367 $4,191,247 $4,191,247 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 FEDERAL FUNDS $1,968,993 $0 $1,968,993 $100,000 $1,968,993 $0 $1,968,993 $100,000 $1,968,993 $0 $1,968,993 $100,000 $1,968,993 $0 $1,968,993 $100,000 4798 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 214.1 Increase funds to reflect FY08 collections. Brain and Spinal Injury Trust Fund 214.2 Reduce funds to reflect the discontinuation of a federal grant. Federal Funds Not Itemized $100,000 $3,250 $3,250 $3,250 $2,072,243 $97,396 ($100,000) $100,000 $3,250 $3,250 $3,250 $2,072,243 $97,396 ($100,000) $100,000 $3,250 $3,250 $3,250 $2,072,243 $97,396 ($100,000) $100,000 $3,250 $3,250 $3,250 $2,072,243 $97,396 ($100,000) 214.100-Brain and Spinal Injury Trust Fund Appropriation (HB 119) 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 $2,066,389 $2,066,389 $2,066,389 $2,066,389 Brain and Spinal Injury Trust Fund $2,066,389 $2,066,389 $2,066,389 $2,066,389 TOTAL AGENCY FUNDS $3,250 $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures $3,250 $3,250 $3,250 $3,250 Contributions, Donations, and Forfeitures Not Itemized $3,250 $3,250 $3,250 $3,250 TOTAL PUBLIC FUNDS $2,069,639 $2,069,639 $2,069,639 $2,069,639 Planning and Regulatory Services Continuation Budget TOTAL STATE FUNDS State General Funds 500.1 Increase funds for one Adult Day Care position. $0 $0 $0 $0 State General Funds $90,921 500.97 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources per SB433 (2008 Session). State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,613,279 $4,080,600 $2,939,995 $72,549 $12,706,423 $5,613,279 $4,080,600 $2,939,995 $72,549 $12,706,423 FRIDAY, APRIL 3, 2009 4799 500.98 Transfer remaining funds and activities from the Department of Human Resources related to the inspection and licensure of long term care and health care facilities that were not specifically identified in SB433 (2008 Session). State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $838,204 $1,441,305 $2,279,509 $838,204 $1,441,305 $2,279,509 500.99 CC: The purpose of this appropriation is to inspect and license long term care and health care facilities. Senate: The purpose of this appropriation is to inspect and license long term care and health care facilities. State General Funds $0 $0 500.100-Planning and Regulatory Services Appropriation (HB 119) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $6,451,483 State General Funds $6,451,483 TOTAL FEDERAL FUNDS $8,461,900 Federal Funds Not Itemized $5,521,905 Medical Assistance Program CFDA93.778 $2,939,995 TOTAL AGENCY FUNDS $72,549 Sales and Services $72,549 Sales and Services Not Itemized $72,549 TOTAL PUBLIC FUNDS $14,985,932 $6,542,404 $6,542,404 $8,461,900 $5,521,905 $2,939,995 $72,549 $72,549 $72,549 $15,076,853 Departmental Administration-Public Health Continuation Budget TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 501.1 Defer the FY09 cost of living adjustment for the Division of Public Health. State General Funds ($344,319) ($344,319) ($344,319) ($344,319) 501.2 Defer structure adjustments to the statewide salary plan for the Division of Public Health. State General Funds ($38,445) ($38,445) ($38,445) ($38,445) 501.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Public Health. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and 4800 JOURNAL OF THE SENATE Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Public Health) State General Funds ($993,938) ($896,388) $0 $0 501.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Public Health. State General Funds $597,841 $597,841 $597,841 $597,841 501.5 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration of the Division of Public Health. Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($209,383) ($209,383) ($209,383) ($209,383) ($209,383) ($209,383) ($209,383) ($209,383) 501.6 Reduce funds by 6% for the Division of Public Health. State General Funds ($1,404,654) ($1,404,654) ($1,404,654) ($1,404,654) 501.7 Reduce funds to reflect the revised revenue estimate for the Division of Public Health. State General Funds ($172,438) ($172,438) ($172,438) ($172,438) 501.8 Reduce funds from the Office of Investigative Services and Inspector General. State General Funds ($36,900) $0 $0 501.9 Reduce merit system assessments from $147 to $137 per position for the Division of Public Health. State General Funds ($25,777) ($25,777) ($25,777) 501.97 Transfer funds and activities related to the administration of Public Health from the Departmental Administration program. State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752 $20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752 $20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752 $20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752 501.98 Transfer funds and activities to the Departmental Administration and Program Support Public Health Administration subprogram. State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 ($18,917,758) ($2,766,264) ($31,070) ($1,182,023) FRIDAY, APRIL 3, 2009 4801 Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($1,134,462) ($24,031,577) 501.99 CC: The purpose of this appropriation is to provide administrative support for all public health programs in the department. Senate: The purpose of this appropriation is to provide administrative support for all public health programs in the department. State General Funds $0 $0 501.100-Departmental Administration-Public Health Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all public health programs in the department. TOTAL STATE FUNDS $17,949,597 State General Funds $17,949,597 TOTAL FEDERAL FUNDS $3,979,357 Federal Funds Not Itemized $2,766,264 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 Temporary Assistance for Needy Families $1,182,023 Temporary Assistance for Needy Families Grant CFDA93.558 $1,182,023 TOTAL AGENCY FUNDS $1,134,462 Sales and Services $1,134,462 Sales and Services Not Itemized $1,134,462 TOTAL PUBLIC FUNDS $23,063,416 $17,984,470 $17,984,470 $3,979,357 $2,766,264 $31,070 $1,182,023 $1,182,023 $1,134,462 $1,134,462 $1,134,462 $23,098,289 $18,917,758 $18,917,758 $3,979,357 $2,766,264 $31,070 $1,182,023 $1,182,023 $1,134,462 $1,134,462 $1,134,462 $24,031,577 It is the intention of this General Assembly that the Department of Community Health implement a direct bill system for revenue collection of the employer share of premium costs. The direct bill rates paid by state agencies in the direct bill system shall be set based on an equivalent amount of employer revenue appropriated on behalf of active and retired state employees in HB 210. The direct bill rates paid by local boards of education in the direct bill system shall be set based on an equivalent amount of employer revenue appropriated on behalf of active and retired teachers and school employees in HB 210, effective January 1, 2010. The employer contribution rate for the teachers' health benefit plan for Fiscal Year 2010 is calculated based on 18.534% and for the state employees' health benefit plan for Fiscal Year 2010 is calculated based on 22.165%. Whereas, the Department of Community Health is the sole Administrator of the State Health Benefit Plan for purposes of collecting COBRA premiums and providing medical continuation coverage pursuant to federal COBRA law; and whereas, the American Recovery and Reinvestment Act of 2009 COBRA Premium Reduction rules require the Department of Community Health to provide COBRA coverage to certain "Assistance Eligible Individuals" upon receiving only 35% of COBRA 4802 JOURNAL OF THE SENATE premium payment from such individuals; therefore, the remaining 65% of the SHBP COBRA premium is to be recouped exclusively by DCH as the sole COBRA Administrator of SHBP through adjustments to DCH payroll taxes. Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 $1,157,668,132 $1,157,668,132 $5,889,638 $5,889,638 $41,455,595 $9,599,502 $3,219 $3,406,391 $28,446,483 $956,324 $956,324 $1,205,969,689 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $973,775,702 $971,876,888 $973,775,702 $971,876,888 $103,124,312 $103,124,312 $97,234,674 $97,234,674 $5,889,638 $5,889,638 $39,835,742 $39,835,742 $9,599,502 $9,599,502 $3,219 $3,219 $655,104 $655,104 $29,577,917 $29,577,917 $956,324 $956,324 $956,324 $956,324 $1,117,692,080 $1,115,793,266 $994,362,255 $994,362,255 $103,124,312 $97,234,674 $5,889,638 $39,835,742 $9,599,502 $3,219 $655,104 $29,577,917 $956,324 $956,324 $1,138,278,633 $986,640,067 $986,640,067 $103,124,312 $97,234,674 $5,889,638 $39,835,742 $9,599,502 $3,219 $655,104 $29,577,917 $956,324 $956,324 $1,130,556,445 FRIDAY, APRIL 3, 2009 4803 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 81.1 Defer the FY09 cost of living adjustment. $6,408,425 $6,408,425 $20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214 $6,408,425 $6,408,425 $20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214 $6,408,425 $6,408,425 $20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214 $6,408,425 $6,408,425 $20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214 State General Funds ($45,348) ($45,348) ($45,348) ($45,348) 81.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,752) ($2,752) ($2,752) ($2,752) 81.3 Defer special adjustments to selected job classes. State General Funds ($23,217) ($23,217) ($23,217) ($23,217) 81.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($32,681) ($32,681) ($32,681) ($32,681) 81.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($123,123) ($106,396) $0 $0 81.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,136 $1,136 $1,136 $1,136 81.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. 4804 JOURNAL OF THE SENATE State General Funds ($136,308) ($136,308) ($136,308) ($136,308) 81.99 CC: The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more security and supervision than provided by regular community supervision. Senate: The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more security and supervision than provided by regular community supervision. State General Funds $0 $0 81.100-Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 119) The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more security and supervision than provided by regular community supervision. TOTAL STATE FUNDS $6,046,132 $6,062,859 $6,169,255 $6,169,255 State General Funds $6,046,132 $6,062,859 $6,169,255 $6,169,255 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 $172,046 $172,046 $172,046 $172,046 Sales and Services $172,046 $172,046 $172,046 $172,046 Sales and Services Not Itemized $172,046 $172,046 $172,046 $172,046 TOTAL PUBLIC FUNDS $6,238,921 $6,255,648 $6,362,044 $6,362,044 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 State General Funds TOTAL PUBLIC FUNDS 82.1 Transfer funds from the Offender Management program. $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 State General Funds $1,400,000 $1,400,000 $1,400,000 82.99 CC: The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. Senate: The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. State General Funds $0 $0 FRIDAY, APRIL 3, 2009 4805 82.100-County Jail Subsidy Appropriation (HB 119) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. TOTAL STATE FUNDS $6,196,724 $7,596,724 $7,596,724 $7,596,724 State General Funds $6,196,724 $7,596,724 $7,596,724 $7,596,724 TOTAL PUBLIC FUNDS $6,196,724 $7,596,724 $7,596,724 $7,596,724 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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 83.1 Defer the FY09 cost of living adjustment. $55,017,209 $55,017,209 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $57,581,951 $55,017,209 $55,017,209 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $57,581,951 $55,017,209 $55,017,209 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $57,581,951 $55,017,209 $55,017,209 $2,462,251 $2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272 $57,581,951 State General Funds ($480,338) ($480,338) ($480,338) ($480,338) 83.2 Defer structure adjustments to the statewide salary plan. State General Funds ($29,152) ($29,152) ($29,152) ($29,152) 83.3 Defer special adjustments to selected job classes. State General Funds ($6,805) ($6,805) ($6,805) ($6,805) 83.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) 4806 JOURNAL OF THE SENATE State General Funds ($1,219,523) ($1,053,843) $0 $0 83.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. (CC:Utilize GTA reserves to fund the remaining amount needed) State General Funds $8,422,296 $8,422,296 $8,422,296 $4,200,000 83.6 Eliminate funds from the four Regional Training Academies and consolidate training activities to the Tift College campus. State General Funds ($1,738,398) ($1,738,398) ($1,738,398) ($1,738,398) 83.7 Reduce funds from the communications center through the use of updated technology. State General Funds ($361,757) ($361,757) ($361,757) ($361,757) 83.8 Reduce funds from various contracts including those for consulting and special projects that will be delayed for the long-term. State General Funds ($260,100) ($260,100) ($260,100) ($260,100) 83.9 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($1,741,850) ($1,741,850) ($1,741,850) ($1,741,850) 83.10 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($453,022) ($453,022) ($453,022) ($453,022) 83.11 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy. State General Funds $803,902 $803,902 $803,902 $803,902 83.12 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($3,405) ($3,405) ($3,405) ($3,405) 83.13 Reduce funds designated for vehicle purchases. State General Funds ($412,720) ($412,720) ($412,720) ($412,720) 83.14 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP. State General Funds $12,853 $12,853 $12,853 $12,853 83.15 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP. State General Funds $21,434 $21,434 $21,434 $21,434 83.16 Reduce merit system assessments from $147 to $137 per position. State General Funds ($296,054) ($296,054) ($296,054) FRIDAY, APRIL 3, 2009 4807 83.100-Departmental Administration Appropriation (HB 119) 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 $57,570,624 $57,440,250 $58,494,093 $54,271,797 State General Funds $57,570,624 $57,440,250 $58,494,093 $54,271,797 TOTAL FEDERAL FUNDS $2,462,251 $2,462,251 $2,462,251 $2,462,251 Federal Funds Not Itemized $2,462,251 $2,462,251 $2,462,251 $2,462,251 TOTAL AGENCY FUNDS $102,491 $102,491 $102,491 $102,491 Rebates, Refunds, and Reimbursements $3,219 $3,219 $3,219 $3,219 Rebates, Refunds, and Reimbursements Not Itemized $3,219 $3,219 $3,219 $3,219 Sales and Services $99,272 $99,272 $99,272 $99,272 Sales and Services Not Itemized $99,272 $99,272 $99,272 $99,272 TOTAL PUBLIC FUNDS $60,135,366 $60,004,992 $61,058,835 $56,836,539 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 84.1 Defer the FY09 cost of living adjustment. $46,960,470 $46,960,470 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $53,651,772 $46,960,470 $46,960,470 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $53,651,772 $46,960,470 $46,960,470 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $53,651,772 $46,960,470 $46,960,470 $671,975 $671,975 $6,019,327 $16,491 $16,491 $6,002,836 $6,002,836 $53,651,772 State General Funds ($553,120) ($553,120) ($553,120) ($553,120) 84.2 Defer structure adjustments to the statewide salary plan. State General Funds ($33,570) ($33,570) ($33,570) ($33,570) 84.3 Defer special adjustments to selected job classes. 4808 JOURNAL OF THE SENATE State General Funds ($258,988) ($258,988) ($258,988) ($258,988) 84.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($448,587) ($448,587) ($448,587) ($448,587) 84.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,246,177) ($1,076,876) $0 $0 84.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $306,052 $306,052 $306,052 $306,052 84.7 Reduce funds by closing the I.W. Davis Probation Detention Center (PDC) and the Terrell PDC, as well as another PDC based on reduced demand resulting from legislation changing the calculation of time-served. State General Funds ($5,816,109) ($5,816,109) ($5,816,109) ($5,816,109) 84.8 Transfer funds to the Transitional Center program due to the remissioning of one unit at the Emanuel PDC to a Transitional Center. State General Funds ($2,314,792) ($2,314,792) ($2,314,792) ($2,314,792) 84.9 Transfer funds to the State Prisons program due to the remissioning of the West Central PDC to a Pre-Release Center. State General Funds ($2,613,787) ($2,613,787) ($2,613,787) ($2,613,787) 84.10 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($1,466,790) ($1,466,790) ($1,466,790) ($1,466,790) 84.99 CC: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision. Senate: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision. State General Funds $0 $0 FRIDAY, APRIL 3, 2009 4809 84.100-Detention Centers Appropriation (HB 119) The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision. TOTAL STATE FUNDS $32,514,602 $32,683,903 $33,760,779 $33,760,779 State General Funds $32,514,602 $32,683,903 $33,760,779 $33,760,779 TOTAL FEDERAL FUNDS $671,975 $671,975 $671,975 $671,975 Federal Funds Not Itemized $671,975 $671,975 $671,975 $671,975 TOTAL AGENCY FUNDS $6,019,327 $6,019,327 $6,019,327 $6,019,327 Intergovernmental Transfers $16,491 $16,491 $16,491 $16,491 Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 $16,491 Sales and Services $6,002,836 $6,002,836 $6,002,836 $6,002,836 Sales and Services Not Itemized $6,002,836 $6,002,836 $6,002,836 $6,002,836 TOTAL PUBLIC FUNDS $39,205,904 $39,375,205 $40,452,081 $40,452,081 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 85.1 Defer the FY09 cost of living adjustment. $14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358 $14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358 $14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358 $14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358 State General Funds ($63,254) ($63,254) ($63,254) ($63,254) 85.2 Defer structure adjustments to the statewide salary plan. State General Funds ($3,839) ($3,839) ($3,839) ($3,839) 85.3 Defer special adjustments to selected job classes. State General Funds ($10,407) ($10,407) ($10,407) ($10,407) 85.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($2,686) ($2,686) ($2,686) ($2,686) 4810 JOURNAL OF THE SENATE 85.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($180,563) ($156,032) $0 $0 85.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $56,959 $56,959 $56,959 $56,959 85.7 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair State Prison (SP). State General Funds $16,927 $16,927 $16,927 $16,927 85.8 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($385,926) ($385,926) ($385,926) ($385,926) 85.9 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy. State General Funds $602,285 $602,285 $602,285 $602,285 85.10 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($2,763) ($2,763) ($2,763) ($2,763) 85.11 Increase funds for two months of operating costs for the fast-track bed expansion at Smith SP and six months of operating costs for the fast-track bed expansion at Valdosta SP. State General Funds $34,227 $34,227 $34,227 $34,227 85.12 Increase funds for twelve months operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP. State General Funds $63,659 $63,659 $63,659 $63,659 85.13 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP. (CC:Reduce funds from operations) State General Funds ($50,782) ($50,782) 85.99 CC: The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. Senate: The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing FRIDAY, APRIL 3, 2009 4811 meals for offenders. State General Funds $0 $0 85.100-Food and Farm Operations Appropriation (HB 119) The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $14,141,977 $14,166,508 $14,271,758 $14,271,758 State General Funds $14,141,977 $14,166,508 $14,271,758 $14,271,758 TOTAL AGENCY FUNDS $2,100,000 $2,100,000 $2,100,000 $2,100,000 Sales and Services $2,100,000 $2,100,000 $2,100,000 $2,100,000 Sales and Services Not Itemized $2,100,000 $2,100,000 $2,100,000 $2,100,000 TOTAL PUBLIC FUNDS $16,241,977 $16,266,508 $16,371,758 $16,371,758 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 $218,169,039 $218,169,039 $8,390,000 $8,390,000 $8,390,000 $226,559,039 $218,169,039 $218,169,039 $8,390,000 $8,390,000 $8,390,000 $226,559,039 $218,169,039 $218,169,039 $8,390,000 $8,390,000 $8,390,000 $226,559,039 $218,169,039 $218,169,039 $8,390,000 $8,390,000 $8,390,000 $226,559,039 86.1 Defer the FY09 cost of living adjustment. State General Funds ($166,174) ($166,174) ($166,174) ($166,174) 86.2 Defer structure adjustments to the statewide salary plan. State General Funds ($10,085) ($10,085) ($10,085) ($10,085) 86.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the 4812 JOURNAL OF THE SENATE cost of the plan) State General Funds ($417,431) ($360,720) $0 $0 86.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $27,996 $27,996 $27,996 $27,996 86.5 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP. State General Funds $827,314 $827,314 $827,314 $827,314 86.6 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP. State General Funds $1,541,333 $1,541,333 $1,541,333 $1,541,333 86.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($2,142,449) ($2,142,449) ($2,142,449) ($2,142,449) 86.8 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair SP. State General Funds $18,390 $18,390 $18,390 $18,390 86.9 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($781,583) ($781,583) ($781,583) ($781,583) 86.10 Increase funds for inmate health care. State General Funds $1,300,000 $1,300,000 $1,300,000 $1,300,000 86.11 Reduce funds from emergent care due cost savings from HB350 (2009 Session). State General Funds ($4,600,000) ($4,600,000) ($4,600,000) 86.12 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP. (CC:Reduce funds from operations) State General Funds ($54,120) ($54,012) 86.99 CC: The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional system. Senate: The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional system. State General Funds $0 $0 FRIDAY, APRIL 3, 2009 4813 86.100 -Health Appropriation (HB 119) The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional system. TOTAL STATE FUNDS $218,366,350 $213,823,061 $214,129,661 $214,129,769 State General Funds $218,366,350 $213,823,061 $214,129,661 $214,129,769 TOTAL AGENCY FUNDS $8,390,000 $8,390,000 $8,390,000 $8,390,000 Sales and Services $8,390,000 $8,390,000 $8,390,000 $8,390,000 Sales and Services Not Itemized $8,390,000 $8,390,000 $8,390,000 $8,390,000 TOTAL PUBLIC FUNDS $226,756,350 $222,213,061 $222,519,661 $222,519,769 Offender Management Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 87.1 Defer the FY09 cost of living adjustment. $44,612,613 $44,612,613 $30,000 $30,000 $30,000 $44,642,613 $44,612,613 $44,612,613 $30,000 $30,000 $30,000 $44,642,613 $44,612,613 $44,612,613 $30,000 $30,000 $30,000 $44,642,613 $44,612,613 $44,612,613 $30,000 $30,000 $30,000 $44,642,613 State General Funds ($46,013) ($46,013) ($46,013) ($46,013) 87.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,793) ($2,793) ($2,793) ($2,793) 87.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($134,331) ($116,081) $0 $0 87.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $123,514 $123,514 $123,514 $123,514 4814 JOURNAL OF THE SENATE 87.5 Reduce funds by reducing the number of Canine Units from thirty-one teams to seventeen teams. State General Funds ($78,782) ($78,782) ($78,782) ($78,782) 87.6 Eliminate funds and discontinue the Department's participation in two regional fugitive squads. State General Funds ($543,171) ($543,171) ($543,171) ($543,171) 87.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($180,808) ($180,808) ($180,808) ($180,808) 87.8 Transfer funds to the County Jail Subsidy program as a result of managing bed space at County Correctional Institutions (CCI) at a 95% utilization rate. State General Funds ($1,400,000) ($1,400,000) ($1,400,000) 87.99 CC: The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads. Senate: The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads. State General Funds $0 $0 87.100-Offender Management Appropriation (HB 119) The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads. TOTAL STATE FUNDS $43,750,229 $42,368,479 $42,484,560 $42,484,560 State General Funds $43,750,229 $42,368,479 $42,484,560 $42,484,560 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 $43,780,229 $42,398,479 $42,514,560 $42,514,560 Parole Revocation Centers Continuation Budget The purpose of this appropriation is to provide a sanction for parole violations. TOTAL STATE FUNDS $4,658,760 $4,658,760 $4,658,760 $4,658,760 FRIDAY, APRIL 3, 2009 4815 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 88.1 Defer the FY09 cost of living adjustment. $4,658,760 $10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270 $4,658,760 $10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270 $4,658,760 $10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270 $4,658,760 $10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270 State General Funds ($48,073) ($48,073) ($48,073) ($48,073) 88.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,918) ($2,918) ($2,918) ($2,918) 88.3 Defer special adjustments to selected job classes. State General Funds ($24,818) ($24,818) ($24,818) ($24,818) 88.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($111,028) ($111,028) ($111,028) ($111,028) 88.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($126,585) ($109,388) $0 $0 88.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $35,593 $35,593 $35,593 $35,593 88.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($145,561) ($145,561) ($145,561) ($145,561) 88.8 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($18,476) ($18,476) ($18,476) ($18,476) 88.99 CC: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, 4816 JOURNAL OF THE SENATE counseling, and substance abuse treatment for parole violators in a secure and supervised setting. Senate: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for parole violators in a secure and supervised setting. State General Funds $0 $0 88.100-Parole Revocation Centers Appropriation (HB 119) The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for parole violators in a secure and supervised setting. TOTAL STATE FUNDS $4,216,894 $4,234,091 $4,343,479 $4,343,479 State General Funds $4,216,894 $4,234,091 $4,343,479 $4,343,479 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 $10,510 Federal Funds Not Itemized $10,510 $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $405,000 $405,000 $405,000 $405,000 Sales and Services $405,000 $405,000 $405,000 $405,000 Sales and Services Not Itemized $405,000 $405,000 $405,000 $405,000 TOTAL PUBLIC FUNDS $4,632,404 $4,649,601 $4,758,989 $4,758,989 Private Prisons Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $85,297,250 $85,297,250 $85,297,250 $85,297,250 State General Funds $85,297,250 $85,297,250 $85,297,250 $85,297,250 TOTAL PUBLIC FUNDS $85,297,250 $85,297,250 $85,297,250 $85,297,250 89.1 Increase funds to annualize the 750 private prison bed expansion. (Gov Rev and H:Reduce funds by $10,787,675 to reflect the revised revenue estimate)(S and CC:Increase funds to make provisions for extended ramp-up times) State General Funds $1,000,000 $1,000,000 $7,000,000 $3,500,000 89.2 Reduce funds received in HB990 (FY09G) for the Consumer Price Index (CPI) increase. (H:Utilize $1,004,000 of existing private prison expansion funding for CPI reduction and $1,004,000 for the expansion RFP)(S:Utilize $2,080,000 for the expansion RFP)(CC:Utilize $2,080,000 for a CPI adjustment for private prisons) State General Funds ($2,017,747) ($2,017,747) ($2,017,747) ($2,017,747) 89.99 CC: The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. Senate: The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure FRIDAY, APRIL 3, 2009 4817 public safety. State General Funds $0 $0 89.100-Private Prisons Appropriation (HB 119) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $84,279,503 $84,279,503 $90,279,503 $86,779,503 State General Funds $84,279,503 $84,279,503 $90,279,503 $86,779,503 TOTAL PUBLIC FUNDS $84,279,503 $84,279,503 $90,279,503 $86,779,503 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 90.1 Defer the FY09 cost of living adjustment. $7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287 $353,716 $353,716 $10,733,793 $7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287 $353,716 $353,716 $10,733,793 $7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287 $353,716 $353,716 $10,733,793 $7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287 $353,716 $353,716 $10,733,793 State General Funds ($172,258) ($172,258) ($172,258) ($172,258) 90.2 Defer structure adjustments to the statewide salary plan. State General Funds ($10,455) ($10,455) ($10,455) ($10,455) 90.3 Defer the special adjustments to selected job classes. State General Funds ($47,634) ($47,634) ($47,634) ($47,634) 90.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($61,334) ($61,334) ($61,334) ($61,334) 90.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of 4818 JOURNAL OF THE SENATE State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds $0 ($224,292) $0 $0 90.6 Eliminate funds and close the remaining four Probation Diversion Centers (DC). State General Funds Royalties and Rents Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($3,158,730) ($2,751,287) ($353,716) ($6,263,733) ($3,158,730) ($2,751,287) ($353,716) ($6,263,733) ($3,158,730) ($2,751,287) ($353,716) ($6,263,733) ($3,158,730) ($2,751,287) ($353,716) ($6,263,733) 90.7 Transfer funds to the Probation Supervision program to open six new Day Reporting Centers (DRC) and annualize the costs for Gainesville DRC, Atlanta DRC, and Waycross DRC. State General Funds ($3,875,323) ($3,875,323) ($3,875,323) ($3,875,323) 90.8 Transfer funds to the Transitional Centers program due to the remissioning of the Clayton DC to a Transitional Center. State General Funds ($78,764) ($78,764) ($78,764) ($78,764) 90.9 Eliminate remaining funds. State General Funds ($224,292) ($224,292) 90.100-Probation Diversion Centers Appropriation (HB 119) 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 $224,292 State General Funds $224,292 TOTAL PUBLIC FUNDS $224,292 Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Continuation Budget $86,521,774 $86,521,774 $60,032 $60,032 $86,521,774 $86,521,774 $60,032 $60,032 $86,521,774 $86,521,774 $60,032 $60,032 $86,521,774 $86,521,774 $60,032 $60,032 FRIDAY, APRIL 3, 2009 4819 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 91.1 Defer the FY09 cost of living adjustment. $159,114 $159,114 $159,114 $86,740,920 $159,114 $159,114 $159,114 $86,740,920 $159,114 $159,114 $159,114 $86,740,920 $159,114 $159,114 $159,114 $86,740,920 State General Funds ($836,830) ($836,830) ($836,830) ($836,830) 91.2 Defer structure adjustments to the statewide salary plan. State General Funds ($50,788) ($50,788) ($50,788) ($50,788) 91.3 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($448) ($448) ($448) ($448) 91.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,700,685) ($2,109,487) $0 $0 91.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,159,472 $1,159,472 $1,159,472 $1,159,472 91.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($2,282,301) ($2,282,301) ($2,282,301) ($2,282,301) 91.7 Transfer funds from the Probation Diversion Centers program to open six new Day Reporting Centers (DRC) and annualize the costs of Gainesville DRC, Atlanta DRC, and Waycross DRC. State General Funds $3,875,323 $3,875,323 $3,875,323 $3,875,323 91.8 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($4,859) ($4,859) ($4,859) ($4,859) 91.9 Reduce funds designated for vehicle purchases. State General Funds ($25,426) ($25,426) ($25,426) ($25,426) 91.10 Replace funds to reflect the collection of a new Day Reporting Center supervision fee. 4820 JOURNAL OF THE SENATE State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($675,000) $1,485,150 $810,150 ($675,000) $1,485,150 $810,150 ($1,485,150) $1,485,150 $0 ($1,485,150) $1,485,150 $0 91.99 CC: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. Senate: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. State General Funds $0 $0 91.100-Probation Supervision Appropriation (HB 119) The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. TOTAL STATE FUNDS $84,980,232 $85,571,430 $86,870,767 $86,870,767 State General Funds $84,980,232 $85,571,430 $86,870,767 $86,870,767 TOTAL FEDERAL FUNDS $60,032 $60,032 $60,032 $60,032 Federal Funds Not Itemized $60,032 $60,032 $60,032 $60,032 TOTAL AGENCY FUNDS $1,644,264 $1,644,264 $1,644,264 $1,644,264 Sales and Services $1,644,264 $1,644,264 $1,644,264 $1,644,264 Sales and Services Not Itemized $1,644,264 $1,644,264 $1,644,264 $1,644,264 TOTAL PUBLIC FUNDS $86,684,528 $87,275,726 $88,575,063 $88,575,063 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized $553,749,700 $553,749,700 $2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011 $655,104 $655,104 $553,749,700 $553,749,700 $2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011 $655,104 $655,104 $553,749,700 $553,749,700 $2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011 $655,104 $655,104 $553,749,700 $553,749,700 $2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011 $655,104 $655,104 FRIDAY, APRIL 3, 2009 4821 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS 92.1 Defer the FY09 cost of living adjustment. $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637 State General Funds ($5,281,438) ($5,281,438) ($5,281,438) ($5,281,438) 92.2 Defer structure adjustments to the statewide salary plan. State General Funds ($320,537) ($320,537) ($320,537) ($320,537) 92.3 Defer special adjustments to selected job classes. State General Funds ($2,673,526) ($2,673,526) ($2,673,526) ($2,673,526) 92.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($3,657,640) ($3,657,640) ($3,657,640) ($3,657,640) 92.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($15,085,940) ($13,036,415) $0 $0 92.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,007,652 $3,007,652 $3,007,652 $3,007,652 92.7 Reduce funds from Academic Education. State General Funds ($331,320) ($331,320) ($331,320) ($331,320) 92.8 Reduce funds from Vocational Education. State General Funds ($116,751) ($116,751) ($116,751) ($116,751) 92.9 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP. 4822 JOURNAL OF THE SENATE State General Funds $1,534,831 $1,534,831 $1,534,831 $1,534,831 92.10 Reduce funds and close Homerville SP, Rivers SP, Milan SP, Wayne SP, West Georgia Boot Camp, and Pelham Pre-Release Center. State General Funds ($24,555,581) ($24,555,581) ($24,555,581) ($24,555,581) 92.11 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP. State General Funds $2,137,402 $2,137,402 $2,137,402 $2,137,402 92.12 Transfer funds from the Detention Center program due to the remissioning of the West Central Probation Detention Center to a Pre-Release Center. State General Funds $2,613,787 $2,613,787 $2,613,787 $2,613,787 92.13 Reduce funds from fire services and eliminate seven central staff positions. State General Funds ($615,438) ($615,438) $0 $0 92.14 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair SP. State General Funds $812,970 $812,970 $812,970 $812,970 92.15 Reduce funds and the number of Canine Units from thirty-one teams to seventeen teams. State General Funds ($450,984) ($450,984) ($450,984) ($450,984) 92.16 Reduce funds by limiting the use of security overtime. State General Funds ($4,342,733) ($4,342,733) ($4,342,733) ($4,342,733) 92.17 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($15,623,852) ($15,623,852) ($15,623,852) ($15,623,852) 92.18 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy. State General Funds $1,337,363 $1,337,363 $1,337,363 $1,337,363 92.19 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks. State General Funds ($593,283) ($593,283) ($593,283) ($593,283) 92.20 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($97,234,674) $97,234,674 $0 ($97,234,674) $97,234,674 $0 ($97,234,674) $97,234,674 $0 ($97,234,674) $97,234,674 $0 FRIDAY, APRIL 3, 2009 4823 92.21 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP. (CC:Reduce funds from operations) State General Funds ($2,055,273) ($2,055,273) 92.99 CC: The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society through the use of Pre-Release Centers; and to provide fire services and work details to the Department, state agencies, and local communities. Senate: The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society through the use of Pre-Release Centers; and to provide fire services and work details to the Department, state agencies, and local communities. State General Funds $0 $0 92.100-State Prisons Appropriation (HB 119) The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society through the use of Pre- Release Centers; and to provide fire services and work details to the Department, state agencies, and local communities. TOTAL STATE FUNDS $394,310,008 $396,359,533 $407,956,113 $407,956,113 State General Funds $394,310,008 $396,359,533 $407,956,113 $407,956,113 TOTAL FEDERAL FUNDS $99,898,801 $99,898,801 $99,898,801 $99,898,801 American Recovery and Reinvestment Act of 2009 $97,234,674 $97,234,674 $97,234,674 $97,234,674 Federal Funds Not Itemized $2,664,127 $2,664,127 $2,664,127 $2,664,127 TOTAL AGENCY FUNDS $20,972,614 $20,972,614 $20,972,614 $20,972,614 Intergovernmental Transfers $9,583,011 $9,583,011 $9,583,011 $9,583,011 Intergovernmental Transfers Not Itemized $9,583,011 $9,583,011 $9,583,011 $9,583,011 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 $10,734,499 $10,734,499 $10,734,499 $10,734,499 Sales and Services Not Itemized $10,734,499 $10,734,499 $10,734,499 $10,734,499 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $725,196 $725,196 $725,196 $725,196 4824 JOURNAL OF THE SENATE Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $725,196 $725,196 $515,906,619 $725,196 $725,196 $517,956,144 $725,196 $725,196 $529,552,724 $725,196 $725,196 $529,552,724 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS 93.1 Defer the FY09 cost of living adjustment. $28,430,020 $28,430,020 $231,128 $231,128 $231,128 $28,661,148 $28,430,020 $28,430,020 $231,128 $231,128 $231,128 $28,661,148 $28,430,020 $28,430,020 $231,128 $231,128 $231,128 $28,661,148 $28,430,020 $28,430,020 $231,128 $231,128 $231,128 $28,661,148 State General Funds ($249,618) ($249,618) ($249,618) ($249,618) 93.2 Defer structure adjustments to the statewide salary plan. State General Funds ($15,149) ($15,149) ($15,149) ($15,149) 93.3 Defer special adjustments to selected job classes. State General Funds ($99,272) ($99,272) ($99,272) ($99,272) 93.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues. State General Funds ($162,512) ($162,512) ($162,512) ($162,512) 93.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($827,428) ($715,016) $0 $0 93.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $200,214 $200,214 $200,214 $200,214 FRIDAY, APRIL 3, 2009 4825 93.7 Reduce funds and delay the opening of the Dublin Transitional Center (TC). State General Funds ($1,644,473) ($1,644,473) ($1,644,473) ($1,644,473) 93.8 Transfer funds from the Detention Centers program due to the remissioning of the Emanuel Probation Detention Center (PDC) to a Transitional Center. State General Funds $2,314,792 $2,314,792 $2,314,792 $2,314,792 93.9 Transfer funds from the Probation Diversion Centers program due to the remissioning of the Clayton Diversion Center to a Transitional Center. State General Funds $78,764 $78,764 $78,764 $78,764 93.10 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. State General Funds ($847,203) ($847,203) ($847,203) ($847,203) 93.99 CC: The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. Senate: The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. State General Funds $0 $0 93.100-Transitional Centers Appropriation (HB 119) The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. TOTAL STATE FUNDS $27,178,135 $27,290,547 $28,005,563 $28,005,563 State General Funds $27,178,135 $27,290,547 $28,005,563 $28,005,563 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $231,128 $231,128 $231,128 $231,128 Agency Funds Transfers $231,128 $231,128 $231,128 $231,128 Agency Fund Transfers Not Itemized $231,128 $231,128 $231,128 $231,128 TOTAL PUBLIC FUNDS $27,409,263 $27,521,675 $28,236,691 $28,236,691 Section 19: Defense, Department of TOTAL STATE FUNDS Section Total - Continuation $11,716,641 $11,716,641 $11,716,641 $11,716,641 4826 JOURNAL OF THE SENATE 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 $11,716,641 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 $11,716,641 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 $11,716,641 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 $11,716,641 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 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 $9,707,592 $9,745,300 $9,707,592 $9,745,300 $27,693,338 $27,693,338 $27,693,338 $27,693,338 $816,341 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $38,217,271 $38,254,979 $10,693,740 $10,693,740 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $39,822,782 $10,693,740 $10,693,740 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $39,822,782 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 94.1 Defer the FY09 cost of living adjustment. $1,326,490 $1,326,490 $409,445 $409,445 $1,735,935 $1,326,490 $1,326,490 $409,445 $409,445 $1,735,935 $1,326,490 $1,326,490 $409,445 $409,445 $1,735,935 State General Funds ($11,246) ($11,246) ($11,246) 94.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,684) ($2,684) ($2,684) $1,326,490 $1,326,490 $409,445 $409,445 $1,735,935 ($11,246) ($2,684) FRIDAY, APRIL 3, 2009 4827 94.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($34,473) ($29,790) $0 $0 94.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $299 $299 $299 $299 94.5 Reduce funds and limit travel to out-of-state conferences and meetings. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 94.6 Transfer funds to the Military Readiness program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion. State General Funds ($66,000) ($66,000) ($66,000) ($66,000) 94.7 Eliminate funds for the Recruiting Incentive Bonus Program and bonus payments of $150 per recruit to any guardsman that successfully influences an individual to join the Georgia National Guard. State General Funds ($55,000) ($55,000) ($55,000) ($55,000) 94.8 Reduce funds and defer filling vacancies. State General Funds ($58,300) ($58,300) ($58,300) ($58,300) 94.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,095,086 $1,099,769 $1,129,559 State General Funds $1,095,086 $1,099,769 $1,129,559 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 TOTAL PUBLIC FUNDS $1,504,531 $1,509,214 $1,539,004 $1,129,559 $1,129,559 $409,445 $409,445 $1,539,004 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 4828 JOURNAL OF THE SENATE 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 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 95.1 Defer the FY09 cost of living adjustment. $5,052,603 $5,052,603 $20,100,133 $20,100,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,969,077 $5,052,603 $5,052,603 $20,100,133 $20,100,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,969,077 $5,052,603 $5,052,603 $20,100,133 $20,100,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,969,077 $5,052,603 $5,052,603 $20,100,133 $20,100,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,969,077 State General Funds ($45,218) ($45,218) ($45,218) ($45,218) 95.2 Defer structure adjustments to the statewide salary plan. State General Funds ($10,794) ($10,794) ($10,794) ($10,794) 95.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($106,294) ($91,853) $0 $0 95.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $683 $683 $683 $683 95.5 Reduce funds and defer filling vacancies. State General Funds ($252,130) ($252,130) ($252,130) ($252,130) FRIDAY, APRIL 3, 2009 4829 95.6 Reduce funds from operations. State General Funds ($8,231) ($8,231) ($8,231) ($8,231) 95.7 Reduce funds and limit travel to out-of-state conferences and meetings. State General Funds ($3,000) ($3,000) ($3,000) ($3,000) 95.8 Transfer funds from the Departmental Administration program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion. State General Funds $66,000 $66,000 $66,000 $66,000 95.9 Reduce funds for the "Georgia Guardsman" and "Airlift Chronicle" by utilizing alternative means of publication. State General Funds ($26,000) ($26,000) ($26,000) ($26,000) 95.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($98,527) ($98,527) ($98,527) ($98,527) 95.11 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,321) ($1,321) ($1,321) 95.99 CC: The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster. Senate: The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster. State General Funds $0 $0 95.100-Military Readiness Appropriation (HB 119) The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster. TOTAL STATE FUNDS $4,569,092 $4,582,212 $4,674,065 $4,674,065 State General Funds $4,569,092 $4,582,212 $4,674,065 $4,674,065 TOTAL FEDERAL FUNDS $20,100,133 $20,100,133 $20,100,133 $20,100,133 Federal Funds Not Itemized $20,100,133 $20,100,133 $20,100,133 $20,100,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 $2,500 4830 JOURNAL OF THE SENATE 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 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,485,566 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,498,686 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,590,539 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $25,590,539 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS 96.1 Defer the FY09 cost of living adjustment. $5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671 $5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671 $5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671 $5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671 State General Funds ($38,349) ($38,349) ($38,349) ($38,349) 96.2 Defer structure adjustments to the statewide salary plan. State General Funds ($9,153) ($9,153) ($9,153) ($9,153) 96.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($146,515) ($126,610) $0 $0 96.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $70 $70 $70 $70 96.5 Reduce funds received in HB990 (FY09G) for STARBASE of Savannah. FRIDAY, APRIL 3, 2009 4831 State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 96.6 Reduce funds from the Youth Challenge Academies by eliminating one platoon of fifty students per class cycle at each academy. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($700,187) ($700,187) $0 $0 ($619,363) ($619,363) $0 $0 ($1,319,550) ($1,319,550) $0 $0 96.99 CC: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. Senate: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. State General Funds $0 $0 96.100-Youth Educational Services Appropriation (HB 119) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. TOTAL STATE FUNDS $4,043,414 $4,063,319 $4,890,116 $4,890,116 State General Funds $4,043,414 $4,063,319 $4,890,116 $4,890,116 TOTAL FEDERAL FUNDS $7,183,760 $7,183,760 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,183,760 $7,183,760 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $11,227,174 $11,247,079 $12,693,239 $12,693,239 Section 20: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 $62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Final $56,337,015 $58,548,538 $56,337,015 $58,548,538 $2,844,040 $2,844,040 $57,751,761 $57,751,761 $2,844,040 $59,251,761 $59,251,761 $2,844,040 4832 JOURNAL OF THE SENATE Sales and Services TOTAL PUBLIC FUNDS $2,844,040 $59,181,055 $2,844,040 $61,392,578 $2,844,040 $60,595,801 $2,844,040 $62,095,801 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 97.1 Defer the FY09 cost of living adjustment. $9,397,002 $9,397,002 $500,857 $500,857 $500,857 $9,897,859 $9,397,002 $9,397,002 $500,857 $500,857 $500,857 $9,897,859 $9,397,002 $9,397,002 $500,857 $500,857 $500,857 $9,897,859 $9,397,002 $9,397,002 $500,857 $500,857 $500,857 $9,897,859 State General Funds ($64,146) ($64,146) ($64,146) ($64,146) 97.2 Defer structure adjustments to the statewide salary plan. State General Funds ($773) ($773) ($773) ($773) 97.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($207,324) ($179,158) $0 $0 97.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $194,045 $194,045 $194,045 $194,045 97.5 Reduce funds from operations. State General Funds ($55,717) ($55,717) ($55,717) ($55,717) 97.6 Reduce funds due to modifications in service delivery and costs. State General Funds ($43,362) ($43,362) ($43,362) ($43,362) 97.7 Reduce funds for public service announcements, travel, and recruitment. FRIDAY, APRIL 3, 2009 4833 State General Funds ($191,599) ($191,599) 97.8 Reduce funds received in HB990 (FY09G) for two positions for the Secure License initiative. State General Funds ($101,411) ($101,411) 97.9 Reduce funds for data line charges due to efficiencies realized after driver data cleanup. State General Funds ($100,000) ($100,000) 97.10 Reduce funds for postage expenses by using electronic receipt of certified mail. State General Funds ($59,600) ($59,600) 97.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($88,714) ($88,714) 97.12 Reduce merit system assessments from $147 to $137 per position. State General Funds ($12,359) ($191,599) ($101,411) ($100,000) ($59,600) ($88,714) ($12,359) ($191,599) ($101,411) ($100,000) ($59,600) ($88,714) ($12,359) 97.100-Customer Service Support Appropriation (HB 119) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $8,678,401 $8,694,208 $8,873,366 $8,873,366 State General Funds $8,678,401 $8,694,208 $8,873,366 $8,873,366 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 $500,857 Sales and Services $500,857 $500,857 $500,857 $500,857 Sales and Services Not Itemized $500,857 $500,857 $500,857 $500,857 TOTAL PUBLIC FUNDS $9,179,258 $9,195,065 $9,374,223 $9,374,223 License Issuance Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760 $48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760 $48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760 $48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760 4834 JOURNAL OF THE SENATE 98.1 Defer the FY09 cost of living adjustment. State General Funds ($357,448) ($357,448) ($357,448) ($357,448) 98.2 Defer structure adjustments to the statewide salary plan. State General Funds ($4,308) ($4,308) ($4,308) ($4,308) 98.3 Defer salary adjustments for critical jobs. State General Funds ($332,192) ($332,192) ($332,192) ($332,192) 98.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,155,289) ($998,335) $0 $0 98.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $921,479 $921,479 $921,479 $921,479 98.6 Reduce one-time funds received to reprogram and update the driver license issuance system to accommodate revised business requirements related to the Digitized Licensing System. State General Funds ($654,950) ($654,950) ($654,950) ($654,950) 98.7 Reduce funds from operations. State General Funds ($199,499) ($199,499) ($199,499) ($199,499) 98.8 Increase funds for card costs associated with technology, security, and process improvement solutions offered through the new Digitized Licensing System. State General Funds $3,853,249 $3,853,249 $3,853,249 $3,853,249 98.9 Reduce funds from the remainder of the Electronic Document Imaging System development contract. State General Funds ($968,500) ($968,500) ($968,500) ($968,500) 98.10 Reduce funds designated to purchase vehicles. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 98.11 Reduce funds and cease payments to courts for filing traffic citation information electronically due to a potential statute FRIDAY, APRIL 3, 2009 4835 change. State General Funds ($359,824) ($359,824) ($359,824) ($359,824) 98.12 Reduce funds received in HB95 (FY08G) for the Walton County Customer Service Center by opening the center at a 50% staffing level and holding eleven positions vacant. State General Funds ($394,495) ($394,495) ($394,495) ($394,495) 98.13 Reduce funds for public service announcements, travel, and recruitment. State General Funds ($66,055) ($66,055) ($66,055) ($66,055) 98.14 Reduce funds for the printing of driver license manuals through monitored distribution and utilization of online versions. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 98.15 Reduce funds due to modifications in service delivery and costs. State General Funds ($301,890) ($301,890) ($301,890) ($301,890) 98.16 Reduce funds received in HB990 (FY09G) for twenty-five positions for the Secure License initiative. State General Funds ($895,308) ($895,308) ($895,308) ($895,308) 98.17 Reduce funds and defer opening the Clayton Customer Service Center and relocating the Toccoa Customer Service Center and eliminate three positions. State General Funds ($135,842) ($135,842) ($135,842) ($135,842) 98.18 Reduce funds for data line charges due to efficiencies realized after driver data cleanup. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 98.19 Reduce funds by using electronic receipt of certified mail. State General Funds ($49,600) ($49,600) ($49,600) ($49,600) 98.20 Reduce funds from printing Voter Identification cards. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 98.21 Reduce funds to reflect the revised revenue estimate. State General Funds ($468,852) ($468,852) ($468,852) ($468,852) 98.99 CC: The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud. Senate: The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate 4836 JOURNAL OF THE SENATE driver's license fraud. State General Funds $0 $0 98.100-License Issuance Appropriation (HB 119) The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud. TOTAL STATE FUNDS $46,671,601 $46,828,555 $47,826,890 $47,826,890 State General Funds $46,671,601 $46,828,555 $47,826,890 $47,826,890 TOTAL AGENCY FUNDS $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,827,835 $1,827,835 $1,827,835 $1,827,835 TOTAL PUBLIC FUNDS $48,499,436 $48,656,390 $49,654,725 $49,654,725 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 99.1 Defer the FY09 cost of living adjustment. $4,423,584 $4,423,584 $515,348 $515,348 $515,348 $4,938,932 $4,423,584 $4,423,584 $515,348 $515,348 $515,348 $4,938,932 $4,423,584 $4,423,584 $515,348 $515,348 $515,348 $4,938,932 $4,423,584 $4,423,584 $515,348 $515,348 $515,348 $4,938,932 State General Funds ($19,954) ($19,954) ($19,954) ($19,954) 99.2 Defer structure adjustments to the statewide salary plan. State General Funds ($241) ($241) ($241) ($241) 99.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the FRIDAY, APRIL 3, 2009 4837 cost of the plan) State General Funds ($64,492) ($55,730) $0 $0 99.4 Reduce funds from the Alcohol and Drug Awareness Program for classroom based instruction and realize savings by offering the program online. State General Funds ($120,000) $0 ($120,000) ($120,000) 99.5 Reduce funds from operations. State General Funds ($15,269) ($15,269) ($15,269) ($15,269) 99.6 Reduce funds by eliminating two positions and instituting risk-based auditing for drivers' education and commercial driver licenses third-party testing programs. State General Funds ($80,000) ($80,000) ($80,000) ($80,000) 99.7 Reduce funds for public service announcements, travel, and recruitment. State General Funds ($8,500) ($8,500) ($8,500) ($8,500) 99.8 Reduce funds due to modifications in service delivery and operations costs. State General Funds ($357,314) ($357,314) ($357,314) ($357,314) 99.9 Reduce and defer funds for the Georgia Driver's Education Commission. (H:Partially restore funds to provide grants maximum grant allowance of $100,000 - to schools which currently do not have a licensed Driver's Education program, and have never received a Georgia Driver's Education Commission grant)(CC:Provide funds for fifteen recipients) State General Funds ($2,756,218) ($846,218) ($2,756,218) ($1,256,218) 99.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($14,583) ($14,583) ($14,583) ($14,583) 99.99 CC: The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify ignition interlock device providers. Senate: The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify ignition interlock device providers. State General Funds $0 $0 99.100-Regulatory Compliance Appropriation (HB 119) The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by 4838 JOURNAL OF THE SENATE approving driver education curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify ignition interlock device providers. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $987,013 $987,013 $515,348 $515,348 $515,348 $1,502,361 $3,025,775 $3,025,775 $515,348 $515,348 $515,348 $3,541,123 $1,051,505 $1,051,505 $515,348 $515,348 $515,348 $1,566,853 $2,551,505 $2,551,505 $515,348 $515,348 $515,348 $3,066,853 Section 21: 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 $341,592,254 $4,574,106 $337,018,148 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994 $341,592,254 $4,574,106 $337,018,148 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994 $341,592,254 $4,574,106 $337,018,148 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994 $341,592,254 $4,574,106 $337,018,148 $124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994 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 $353,493,923 $353,513,261 $3,791,377 $3,810,715 $349,702,546 $349,702,546 $124,640,740 $124,640,740 $22,136,870 $22,136,870 $102,503,870 $102,503,870 $55,000 $55,000 $55,000 $55,000 $478,189,663 $478,209,001 $351,767,483 $3,944,272 $347,823,211 $134,640,740 $32,136,870 $102,503,870 $55,000 $55,000 $486,463,223 $353,540,557 $3,944,272 $349,596,285 $134,640,740 $32,136,870 $102,503,870 $55,000 $55,000 $488,236,297 FRIDAY, APRIL 3, 2009 4839 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 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 100.1 Defer the FY09 cost of living adjustment. $4,574,106 $4,574,106 $4,022,917 $4,022,917 $55,000 $55,000 $55,000 $8,652,023 $4,574,106 $4,574,106 $4,022,917 $4,022,917 $55,000 $55,000 $55,000 $8,652,023 $4,574,106 $4,574,106 $4,022,917 $4,022,917 $55,000 $55,000 $55,000 $8,652,023 $4,574,106 $4,574,106 $4,022,917 $4,022,917 $55,000 $55,000 $55,000 $8,652,023 State General Funds ($51,314) ($51,314) ($51,314) ($51,314) 100.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,993) ($2,993) ($2,993) ($2,993) 100.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($154,554) ($133,557) $0 $0 100.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($54,629) ($54,629) ($54,629) ($54,629) 100.5 Reduce funds from operations. State General Funds ($281,869) ($281,869) ($281,869) ($281,869) 100.6 Reduce funds by closing the regional office in Martinez, Georgia. State General Funds ($108,738) ($108,738) ($108,738) ($108,738) 100.7 Reduce funds from personnel. 4840 JOURNAL OF THE SENATE State General Funds ($90,047) ($90,047) ($90,047) ($90,047) 100.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($38,585) ($38,585) ($38,585) ($38,585) 100.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,659) ($1,659) ($1,659) 100.99 CC: The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities. Senate: The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities. State General Funds $0 $0 100.100-Child Care Services Appropriation (HB 119) The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities. TOTAL STATE FUNDS $3,791,377 $3,810,715 $3,944,272 $3,944,272 State General Funds $3,791,377 $3,810,715 $3,944,272 $3,944,272 TOTAL FEDERAL FUNDS $4,022,917 $4,022,917 $4,022,917 $4,022,917 Child Care & Development Block Grant CFDA93.575 $4,022,917 $4,022,917 $4,022,917 $4,022,917 TOTAL AGENCY FUNDS $55,000 $55,000 $55,000 $55,000 Sales and Services $55,000 $55,000 $55,000 $55,000 Sales and Services Not Itemized $55,000 $55,000 $55,000 $55,000 TOTAL PUBLIC FUNDS $7,869,294 $7,888,632 $8,022,189 $8,022,189 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 $0 State General Funds $0 $0 TOTAL FEDERAL FUNDS $102,000,000 $102,000,000 $102,000,000 $102,000,000 Federal Funds Not Itemized $102,000,000 $102,000,000 $102,000,000 $102,000,000 TOTAL PUBLIC FUNDS $102,000,000 $102,000,000 $102,000,000 $102,000,000 101.99 CC: The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer. FRIDAY, APRIL 3, 2009 4841 Senate: The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer. State General Funds $0 $0 101.100 -Nutrition Appropriation (HB 119) The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer. TOTAL FEDERAL FUNDS $102,000,000 $102,000,000 $102,000,000 $102,000,000 Federal Funds Not Itemized $102,000,000 $102,000,000 $102,000,000 $102,000,000 TOTAL PUBLIC FUNDS $102,000,000 $102,000,000 $102,000,000 $102,000,000 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. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL PUBLIC FUNDS 102.1 Defer the FY09 cost of living adjustment. $337,018,148 $0 $337,018,148 $617,823 $113,953 $503,870 $337,635,971 $337,018,148 $0 $337,018,148 $617,823 $113,953 $503,870 $337,635,971 $337,018,148 $0 $337,018,148 $617,823 $113,953 $503,870 $337,635,971 $337,018,148 $0 $337,018,148 $617,823 $113,953 $503,870 $337,635,971 Lottery Proceeds ($34,650) ($34,650) ($34,650) ($34,650) 102.2 Increase funds for 3,000 additional Pre-K slots, bringing total enrollment to 82,000. (H:Provide for additional start-up funds for turnover classes)(S:Increase funds for 2,500 additional slots)(CC:Increase funds for 3,000 additional slots) Lottery Proceeds $12,469,667 $12,835,888 $10,696,593 $12,469,667 102.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. Lottery Proceeds $249,381 $335,457 $335,457 $335,457 102.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan. Lottery Proceeds ($452,297) $0 $0 4842 JOURNAL OF THE SENATE 102.5 Reduce funds from operations. Lottery Proceeds ($192,337) ($192,337) 102.99 CC: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds. Senate: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds. State General Funds $0 $0 102.100-Pre-Kindergarten Program Appropriation (HB 119) The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds. TOTAL STATE FUNDS $349,702,546 $349,702,546 $347,823,211 $349,596,285 Lottery Proceeds $349,702,546 $349,702,546 $347,823,211 $349,596,285 TOTAL FEDERAL FUNDS $617,823 $617,823 $617,823 $617,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 $113,953 Federal Funds Not Itemized $503,870 $503,870 $503,870 $503,870 TOTAL PUBLIC FUNDS $350,320,369 $350,320,369 $348,441,034 $350,214,108 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 State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS 103.1 Increase funds. $0 $18,000,000 $18,000,000 $18,000,000 $0 $18,000,000 $18,000,000 $18,000,000 $0 $0 $18,000,000 $18,000,000 $18,000,000 $0 $0 $18,000,000 $18,000,000 $18,000,000 Child Care & Development Block Grant CFDA93.575 $10,000,000 $10,000,000 103.99 CC: The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality FRIDAY, APRIL 3, 2009 4843 of and access to early education, child care, and nutrition for Georgia's children and families. Senate: The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child care, and nutrition for Georgia's children and families. State General Funds $0 $0 103.100-Quality Initiatives Appropriation (HB 119) The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child care, and nutrition for Georgia's children and families. TOTAL FEDERAL FUNDS $18,000,000 $18,000,000 $28,000,000 $28,000,000 Child Care & Development Block Grant CFDA93.575 $18,000,000 $18,000,000 $28,000,000 $28,000,000 TOTAL PUBLIC FUNDS $18,000,000 $18,000,000 $28,000,000 $28,000,000 Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Continuation $39,581,672 $39,581,672 $20,244 $20,244 $39,601,916 $39,581,672 $39,581,672 $20,244 $20,244 $39,601,916 $39,581,672 $39,581,672 $20,244 $20,244 $39,601,916 $39,581,672 $39,581,672 $20,244 $20,244 $39,601,916 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Final $30,534,740 $31,106,858 $30,534,740 $31,106,858 $20,244 $20,244 $20,244 $20,244 $30,554,984 $31,127,102 $34,006,415 $34,006,415 $20,244 $20,244 $34,026,659 $33,148,712 $33,148,712 $20,244 $20,244 $33,168,956 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 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 $11,256,519 4844 JOURNAL OF THE SENATE 104.1 Defer the FY09 cost of living adjustment. State General Funds ($75,543) ($75,543) ($75,543) ($75,543) 104.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($184,778) ($159,675) $0 $0 104.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $11,964 $11,964 $11,964 $11,964 104.4 Reduce funds from domestic and global marketing for advertising purchases, sponsorships, public relations contracts, and website upgrades. State General Funds ($1,294,456) ($1,294,456) ($1,294,456) ($1,294,456) 104.5 Reduce funds by eliminating one office administrative generalist position and one vacant marketing specialist position. State General Funds ($117,054) ($117,054) ($117,054) ($117,054) 104.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($142,381) ($296,446) ($296,446) ($296,446) 104.7 Reduce funds by eliminating three regional representative positions. State General Funds ($260,000) $0 104.99 CC: The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and domestic marketing, and participation in Georgia Allies. Senate: The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and domestic marketing, and participation in Georgia Allies. State General Funds $0 $0 104.100-Business Recruitment and Expansion Appropriation (HB 119) The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and domestic marketing, and participation in Georgia Allies. FRIDAY, APRIL 3, 2009 4845 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $9,454,271 $9,454,271 $9,454,271 $9,325,309 $9,325,309 $9,325,309 $9,224,984 $9,224,984 $9,224,984 $9,484,984 $9,484,984 $9,484,984 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 105.1 Defer the FY09 cost of living adjustment. $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 $6,232,628 State General Funds ($43,533) ($43,533) ($43,533) ($43,533) 105.2 Defer structure adjustments to the statewide salary plan. State General Funds ($962) ($962) ($962) ($962) 105.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($150,334) ($129,910) $0 $0 105.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $20,633 $20,633 $20,633 $20,633 105.5 Reduce funds for technology upgrades and the contract to clean fleet vehicles monthly. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 105.6 Reduce funds by eliminating one vacant graphics specialist, one vacant programmer position, one vacant executive director position, one vacant administrative position, and one vacant systems administrator position. State General Funds ($373,000) ($373,000) ($373,000) ($373,000) 105.7 Reduce funds received in HB85 (FY06G) for the Georgia Shrimp Association. 4846 JOURNAL OF THE SENATE State General Funds ($100,000) 105.8 Reduce funds received in HB85 (FY06G) for the branding campaign. State General Funds ($500,000) 105.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($74,468) 105.10 Reduce merit system assessments from $147 to $137 per position. State General Funds ($100,000) ($500,000) $0 ($2,199) ($100,000) ($500,000) $0 ($2,199) ($100,000) ($500,000) $0 ($2,199) 105.100-Departmental Administration Appropriation (HB 119) 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 $4,935,964 $5,028,657 $5,158,567 $5,158,567 State General Funds $4,935,964 $5,028,657 $5,158,567 $5,158,567 TOTAL PUBLIC FUNDS $4,935,964 $5,028,657 $5,158,567 $5,158,567 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 TOTAL PUBLIC FUNDS 106.1 Defer the FY09 cost of living adjustment. $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 $1,197,025 State General Funds ($6,345) ($6,345) ($6,345) ($6,345) 106.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($20,768) ($17,947) $0 $0 106.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing FRIDAY, APRIL 3, 2009 4847 project. State General Funds $359 $359 $359 $359 106.4 Reduce funds received in HB85 (FY06G) for expanded recorded music industry promotions, additional film industry advertising, and entertainment technology marketing. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 106.5 Reduce funds from advertising purchases, sponsorships, marketing events, and other promotional initiatives. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 106.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,436) $0 ($48,735) $0 106.99 CC: The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state. Senate: The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state. State General Funds $0 $0 106.100-Film, Video, and Music Appropriation (HB 119) The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state. TOTAL STATE FUNDS $1,024,835 $1,043,092 $1,012,304 $1,061,039 State General Funds $1,024,835 $1,043,092 $1,012,304 $1,061,039 TOTAL PUBLIC FUNDS $1,024,835 $1,043,092 $1,012,304 $1,061,039 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 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 $1,932,504 4848 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 107.1 Defer the FY09 cost of living adjustment. $1,932,504 $1,932,504 $1,932,504 $1,932,504 State General Funds ($6,191) ($6,191) ($6,191) ($6,191) 107.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($19,617) ($16,952) $0 $0 107.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $932 $932 $932 $932 107.4 Reduce funds from personnel. State General Funds ($52,217) ($52,217) ($52,217) ($52,217) 107.5 Reduce funds from marketing for the Georgia Electronic Design Center. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 107.6 Reduce one-time funds received in HB990 (FY09G) for the Herty Advanced Materials Development Center. State General Funds ($200,000) ($200,000) ($100,000) ($100,000) 107.7 Transfer funds to the Department of Community Affairs for Appalachian Community Enterprise contracts for micro-enterprise loans. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 107.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($21,203) $0 $0 $0 107.99 CC: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. Senate: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. State General Funds $0 $0 FRIDAY, APRIL 3, 2009 4849 107.100-Innovation and Technology Appropriation (HB 119) The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. TOTAL STATE FUNDS $1,409,208 $1,433,076 $1,550,028 $1,550,028 State General Funds $1,409,208 $1,433,076 $1,550,028 $1,550,028 TOTAL PUBLIC FUNDS $1,409,208 $1,433,076 $1,550,028 $1,550,028 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 108.1 Defer the FY09 cost of living adjustment. $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 $2,440,966 State General Funds ($10,697) ($10,697) ($10,697) ($10,697) 108.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($33,883) ($29,280) $0 $0 108.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,152 $2,152 $2,152 $2,152 108.4 Reduce funds by eliminating one vacant business operations position. State General Funds ($55,420) ($55,420) ($55,420) ($55,420) 108.5 Reduce funds received in HB85 (FY06G) for international industry marketing. (H:Partially restore funds for marketing) State General Funds ($200,000) ($100,000) ($200,000) ($200,000) 108.6 Reduce funds from marketing for trade show attendance. State General Funds ($98,430) ($98,430) ($98,430) ($98,430) 4850 JOURNAL OF THE SENATE 108.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($30,323) $0 $0 $0 108.99 CC: The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses. Senate: The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses. State General Funds $0 $0 108.100-International Relations and Trade Appropriation (HB 119) The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses. TOTAL STATE FUNDS $2,014,365 $2,149,291 $2,078,571 $2,078,571 State General Funds $2,014,365 $2,149,291 $2,078,571 $2,078,571 TOTAL PUBLIC FUNDS $2,014,365 $2,149,291 $2,078,571 $2,078,571 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 109.1 Defer the FY09 cost of living adjustment. $958,904 $958,904 $20,244 $20,244 $20,244 $979,148 $958,904 $958,904 $20,244 $20,244 $20,244 $979,148 $958,904 $958,904 $20,244 $20,244 $20,244 $979,148 $958,904 $958,904 $20,244 $20,244 $20,244 $979,148 State General Funds ($8,376) ($8,376) ($8,376) ($8,376) 109.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce FRIDAY, APRIL 3, 2009 4851 funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($26,520) ($22,917) $0 $0 109.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,291 $1,291 $1,291 $1,291 109.4 Reduce funds by eliminating one vacant business operations position. State General Funds ($75,309) ($75,309) ($75,309) ($75,309) 109.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,635) $0 $0 $0 109.99 CC: The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses. Senate: The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses. State General Funds $0 $0 109.100-Small and Minority Business Development Appropriation (HB 119) The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses. TOTAL STATE FUNDS $837,355 $853,593 $876,510 $876,510 State General Funds $837,355 $853,593 $876,510 $876,510 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 $857,599 $873,837 $896,754 $896,754 Tourism Continuation Budget The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage 4852 JOURNAL OF THE SENATE tourism expenditures. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 110.1 Defer the FY09 cost of living adjustment. $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 $13,460,178 State General Funds ($46,586) ($46,586) ($46,586) ($46,586) 110.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($150,145) ($129,747) $0 $0 110.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $14,219 $14,219 $14,219 $14,219 110.4 Reduce funds from personnel. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 110.5 Reduce funds from Marketing Co-Op Grant Program, the Tourism Product Development Program, the Techno-Tourism eChallenge Grant Program, foreign and domestic advertising, conference and trade show attendance, and promotional items. (H:Partially restore funds for general tourism marketing)(S:Provide funds for domestic tourism advertising and dedicate $172,000 to promote tourism opportunities in state parks)(CC:Partially restore funds for tourism marketing) State General Funds ($1,711,120) ($1,611,120) ($329,092) ($1,611,120) 110.6 Reduce funds from the Tourism Foundation. (S and CC:Restore funds for Tourism marketing) State General Funds ($1,000,000) ($1,000,000) $0 $0 110.7 Reduce funds received in HB95 (FY08G) for the Civil War Trails. (H and S:Partially restore funds for the Civil War Trails in recognition of Sesquicentennial preparations) State General Funds ($200,000) ($150,000) ($150,000) ($150,000) 110.8 Reduce funds from the Bainbridge welcome center ($98,325), Washington-Wilkes welcome center ($2,500), Statesboro and Woodstock convention and visitor bureaus ($4,000), and local welcome center contracts ($21,426). (S and CC:Restore funds FRIDAY, APRIL 3, 2009 4853 for the Bainbridge welcome center) State General Funds ($126,251) ($126,251) ($27,926) ($27,926) 110.9 Reduce funds from the Historic Chattahoochee Commission. State General Funds ($2,500) ($2,500) ($2,500) ($2,500) 110.10 Reduce one-time funds received for the Veteran's Wall of Honor. State General Funds ($150,000) ($100,000) ($150,000) ($100,000) 110.11 Reduce one-time funds received for education programs for the Warner Robins Air Force Base Museum. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 110.12 Reduce funds from the contract with the Georgia Historical Society. (H:Partially restore funds for the Georgia Historical Society's Civil War Marker restoration project in recognition of Sesquicentennial preparations)(S and CC:Restore funds ($30,000) and transfer funds from the Office of Secretary of State for the Georgia Historical Society ($90,000)) State General Funds ($60,000) ($30,000) $60,000 $60,000 110.13 Eliminate funds and two positions from the Sylvania ($139,389) and Plains ($186,407) State Visitor Information Centers (VIC). (S and CC:Reduce funds from the Sylvania VIC ($39,389), partner with technical colleges to offer and operate courses at the center, and realize savings by altering operating hours at VICs to a Thursday to Monday schedule ($100,000)) State General Funds ($325,796) ($325,796) ($139,389) ($139,389) 110.14 Transfer funds for the Georgia Humanities Council from the Georgia Council for the Arts. State General Funds $139,050 110.99 CC: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state. Senate: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society, and work with communities to develop and market tourism products in order to attract more tourism to the state. State General Funds $0 $0 110.100 -Tourism Appropriation (HB 119) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state. 4854 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $9,576,999 $9,576,999 $9,576,999 $9,827,397 $9,827,397 $9,827,397 $12,563,904 $12,563,904 $12,563,904 $11,470,926 $11,470,926 $11,470,926 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 $50,000 State General Funds $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 111.1 Reduce funds from contracts. (H and CC:Partially restore funds in recognition of Sesquicentennial preparations. Commission is to become self-sufficient) State General Funds ($50,000) ($25,000) ($25,000) ($25,000) 111.100-Civil War Commission Appropriation (HB 119) 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 $25,000 $25,000 $25,000 State General Funds $25,000 $25,000 $25,000 TOTAL PUBLIC FUNDS $25,000 $25,000 $25,000 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 $50,000 State General Funds $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 112.1 Reduce funds from operations. (H:Authority is to become self-sufficient)(S and CC:Reduce funds from operations) State General Funds ($5,000) ($5,000) ($5,000) ($5,000) 112.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($450) ($450) ($450) ($450) FRIDAY, APRIL 3, 2009 4855 112.100-Payments to Aviation Hall of Fame Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $44,550 $44,550 $44,550 State General Funds $44,550 $44,550 $44,550 TOTAL PUBLIC FUNDS $44,550 $44,550 $44,550 $44,550 $44,550 $44,550 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 113.1 Defer the FY09 cost of living adjustment. $414,189 $414,189 $414,189 $414,189 $414,189 $414,189 $414,189 $414,189 $414,189 State General Funds ($2,901) ($2,901) ($2,901) 113.2 Eliminate three positions and funds from operations. (H and S:Partially restore funds) State General Funds ($411,288) ($111,288) ($111,288) $414,189 $414,189 $414,189 ($2,901) ($111,288) 113.100-Payments to Georgia Medical Center Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $300,000 $300,000 State General Funds $300,000 $300,000 TOTAL PUBLIC FUNDS $300,000 $300,000 $300,000 $300,000 $300,000 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 114.1 Defer the FY09 cost of living adjustment. $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 $826,790 State General Funds ($7,071) ($7,071) ($7,071) ($7,071) 114.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce 4856 JOURNAL OF THE SENATE funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($20,155) ($17,417) $0 $0 114.3 Reduce funds from operations. (H and CC:Authority is to become self-sufficient) State General Funds ($68,246) ($102,369) ($68,246) ($102,369) 114.4 Eliminate one-time funds received in HB990 (FY09G) for The Big House and the induction ceremony. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 114.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($6,142) ($6,142) ($6,142) ($6,142) 114.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events. Senate: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events. State General Funds $0 $0 114.100-Payments to Georgia Music Hall of Fame Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events. TOTAL STATE FUNDS $600,176 $568,791 $620,331 $586,208 State General Funds $600,176 $568,791 $620,331 $586,208 TOTAL PUBLIC FUNDS $600,176 $568,791 $620,331 $586,208 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 115.1 Defer the FY09 cost of living adjustment. $651,969 $651,969 $651,969 $651,969 $651,969 $651,969 State General Funds ($5,715) ($5,715) $651,969 $651,969 $651,969 ($5,715) $651,969 $651,969 $651,969 ($5,715) FRIDAY, APRIL 3, 2009 4857 115.2 Defer performance based salary adjustments. State General Funds $1,755 $1,755 $1,755 $1,755 115.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($12,779) ($11,043) $0 $0 115.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($2,728) ($2,728) ($2,728) ($2,728) 115.5 Reduce funds from operations. (H and CC:Authority is to become self-sufficient) State General Funds ($63,032) ($95,553) ($63,032) ($102,369) 115.6 Reduce one-time funds received in HB95 (FY08G) for operations. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 115.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,463) ($5,463) ($5,463) ($5,463) 115.8 Reduce merit system assessments from $147 to $137 per position. State General Funds ($120) ($120) ($120) 115.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame to maintain museum facilities, maintain the collection, and promote special events. State General Funds $0 115.100-Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame to maintain museum facilities, maintain the collection, and promote special events. TOTAL STATE FUNDS $539,007 $508,102 $551,666 $512,329 State General Funds $539,007 $508,102 $551,666 $512,329 TOTAL PUBLIC FUNDS $539,007 $508,102 $551,666 $512,329 4858 JOURNAL OF THE SENATE Payments to Golf Hall Of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 116.1 Reduce funds from personnel. $110,000 $110,000 $110,000 $110,000 $110,000 $110,000 State General Funds ($4,400) ($4,400) 116.2 Reduce funds from operations. State General Funds ($6,600) ($6,600) 116.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($990) ($990) 116.4 Eliminate remaining funds. State General Funds ($98,010) $110,000 $110,000 $110,000 ($4,400) ($6,600) ($990) ($98,010) $110,000 $110,000 $110,000 ($4,400) ($6,600) ($990) ($98,010) 116.100-Payments to Golf Hall Of Fame Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. TOTAL STATE FUNDS $98,010 State General Funds $98,010 TOTAL PUBLIC FUNDS $98,010 Section 23: 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 Section Total - Continuation $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 FRIDAY, APRIL 3, 2009 4859 TOTAL PUBLIC FUNDS $9,853,645,621 $9,853,645,621 $9,853,645,621 $9,853,645,621 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $7,551,337,074 $7,574,738,611 $7,551,337,074 $7,574,738,611 $1,950,375,406 $319,175,639 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,528,560,563 $2,031,199,767 $400,000,000 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,632,786,461 $7,384,880,085 $7,383,107,011 $1,773,074 $1,965,781,645 $334,581,878 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,377,509,813 $7,393,006,953 $7,393,006,953 $2,044,345,694 $413,145,927 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,464,200,730 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 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 State General Funds TOTAL PUBLIC FUNDS 117.1 Defer the FY09 cost of living adjustment. $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 $5,244,353 State General Funds ($27,261) ($27,261) ($27,261) ($27,261) 117.2 Eliminate funds for Academic Coaches. State General Funds ($1,366,710) ($1,366,710) ($1,366,710) ($1,366,710) 117.3 Reduce funds by eliminating six science mentor positions and associated operating expenses. State General Funds ($780,502) ($780,502) ($780,502) ($780,502) 117.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $8,978 $8,978 $8,978 $8,978 4860 JOURNAL OF THE SENATE 117.5 Eliminate funds for Mentor Teachers. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 117.6 Rename program "Math and Science Mentors". (CC:YES) State General Funds $0 117.98 Transfer all funds and activities for Math and Science Mentors and Teacher Success/CLASS Keys to the School Improvement program. (H and CC:Transfer all funds and activities for Teacher Success/CLASS Keys to the School Improvement program and change program name to Math and Science Mentors) State General Funds ($2,878,858) ($257,500) ($2,878,858) ($257,500) 117.99 CC: The purpose of this appropriation is to provide mentors to work with teachers of identified schools in need of improvement in the areas of science and math. State General Funds $0 117.100-Academic Coach Program Appropriation (HB 119) The purpose of this appropriation is to provide mentors to work with teachers of identified schools in need of improvement in the areas of science and math. TOTAL STATE FUNDS $2,621,358 $2,621,358 State General Funds $2,621,358 $2,621,358 TOTAL PUBLIC FUNDS $2,621,358 $2,621,358 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 118.1 Annualize the cost of the FY09 salary adjustment. $8,985,622 $8,985,622 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201 $8,985,622 $8,985,622 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201 $8,985,622 $8,985,622 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201 $8,985,622 $8,985,622 $126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201 State General Funds $41,071 $41,071 $41,071 $41,071 FRIDAY, APRIL 3, 2009 4861 118.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($79,496) ($32,593) $0 $0 118.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($269,569) ($169,569) ($169,569) ($169,569) 118.4 Reduce funds from Food Processing Plants ($100,000) and utilize remaining funds for Extended Year/Extended Day ($200,000). State General Funds ($100,000) ($100,000) ($100,000) 118.99 CC: The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. Senate: The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. State General Funds $0 $0 118.100-Agricultural Education Appropriation (HB 119) The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. TOTAL STATE FUNDS $8,677,628 $8,724,531 $8,757,124 $8,757,124 State General Funds $8,677,628 $8,724,531 $8,757,124 $8,757,124 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 $3,540,002 $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers $3,540,002 $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers Not Itemized $3,540,002 $3,540,002 $3,540,002 $3,540,002 TOTAL PUBLIC FUNDS $12,344,207 $12,391,110 $12,423,703 $12,423,703 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 $41,124,236 $41,124,236 $53,696,847 $41,124,236 $41,124,236 $53,696,847 $41,124,236 $41,124,236 $53,696,847 $41,124,236 $41,124,236 $53,696,847 4862 JOURNAL OF THE SENATE 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 TOTAL PUBLIC FUNDS 119.1 Defer the FY09 cost of living adjustment. $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $102,653,284 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $102,653,284 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $102,653,284 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $102,653,284 State General Funds ($359,204) ($359,204) ($359,204) ($359,204) 119.2 Defer structure adjustments to the statewide salary plan. State General Funds ($75,907) ($75,907) ($75,907) ($75,907) 119.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,246,325) ($1,077,003) $0 $0 119.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $141,575 $141,575 $141,575 $141,575 119.5 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($61,381) ($61,381) ($61,381) ($61,381) 119.6 Reduce funds by eliminating twenty vacant positions and realize savings from other vacancies. State General Funds ($1,910,869) ($1,910,869) ($1,910,869) ($1,910,869) 119.7 Reduce funds from contracts by 10%. (H and CC:Provide for additional reductions from contracts) State General Funds ($1,534,456) ($3,068,912) ($2,045,941) ($2,045,941) FRIDAY, APRIL 3, 2009 4863 119.8 Reduce funds from operations. (H and CC:Provide for additional reductions from operations) State General Funds ($1,623,764) ($2,523,764) ($1,623,764) ($2,585,249) 119.9 Eliminate funds for Teacher Liability Insurance. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 119.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($360,117) ($360,117) ($360,117) ($360,117) 119.11 Reduce merit system assessments from $147 to $137 per position. State General Funds ($8,530) ($8,530) ($8,530) 119.99 CC: The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems. Senate: The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems, and to provide regulations, guidelines, and training standards on pupil transportation. State General Funds $0 $0 119.100-Central Office Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems. TOTAL STATE FUNDS $33,793,788 $31,520,124 $34,520,098 $33,558,613 State General Funds $33,793,788 $31,520,124 $34,520,098 $33,558,613 TOTAL FEDERAL FUNDS $53,696,847 $53,696,847 $53,696,847 $53,696,847 Federal Funds Not Itemized $53,696,847 $53,696,847 $53,696,847 $53,696,847 TOTAL AGENCY FUNDS $7,832,201 $7,832,201 $7,832,201 $7,832,201 Contributions, Donations, and Forfeitures $4,323,114 $4,323,114 $4,323,114 $4,323,114 Contributions, Donations, and Forfeitures Not Itemized $4,323,114 $4,323,114 $4,323,114 $4,323,114 Reserved Fund Balances $2,344,991 $2,344,991 $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 $1,011,224 $1,011,224 Intergovernmental Transfers Not Itemized $1,011,224 $1,011,224 $1,011,224 $1,011,224 Sales and Services $152,872 $152,872 $152,872 $152,872 Sales and Services Not Itemized $152,872 $152,872 $152,872 $152,872 TOTAL PUBLIC FUNDS $95,322,836 $93,049,172 $96,049,146 $95,087,661 4864 JOURNAL OF THE SENATE 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 $3,480,193 $3,480,193 $3,480,193 $3,480,193 State General Funds $3,480,193 $3,480,193 $3,480,193 $3,480,193 TOTAL FEDERAL FUNDS $7,365,691 $7,365,691 $7,365,691 $7,365,691 Federal Funds Not Itemized $7,365,691 $7,365,691 $7,365,691 $7,365,691 TOTAL PUBLIC FUNDS $10,845,884 $10,845,884 $10,845,884 $10,845,884 120.1 Reduce one-time funds received in HB990 (FY09G) for start-up expenses for the Charter School Commission. State General Funds ($260,000) ($120,000) ($120,000) ($120,000) 120.2 Reduce funds from planning grants. State General Funds ($25,000) ($45,000) $0 $0 120.3 Eliminate funds for implementation grants. State General Funds ($625,000) ($500,000) ($625,000) ($500,000) 120.4 Reduce funds from facilities grants. State General Funds ($245,000) ($245,000) ($245,000) ($245,000) 120.99 CC: The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities. Senate: The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities, provided that $700,000 of this appropriation is designated to fund facilities for State Chartered Special Schools. State General Funds $0 $0 120.100-Charter Schools Appropriation (HB 119) The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities. TOTAL STATE FUNDS $2,325,193 $2,570,193 $2,490,193 $2,615,193 State General Funds $2,325,193 $2,570,193 $2,490,193 $2,615,193 TOTAL FEDERAL FUNDS $7,365,691 $7,365,691 $7,365,691 $7,365,691 Federal Funds Not Itemized $7,365,691 $7,365,691 $7,365,691 $7,365,691 FRIDAY, APRIL 3, 2009 4865 TOTAL PUBLIC FUNDS $9,690,884 $9,935,884 $9,855,884 $9,980,884 Communities in Schools Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 121.1 Reduce funds by 10%. (CC:Reduce funds by 8%) $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 $1,320,623 State General Funds ($132,062) ($39,619) ($132,062) ($105,650) 121.99 CC: The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. Senate: The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. State General Funds $0 $0 121.100-Communities in Schools Appropriation (HB 119) The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. TOTAL STATE FUNDS $1,188,561 $1,281,004 $1,188,561 $1,214,973 State General Funds $1,188,561 $1,281,004 $1,188,561 $1,214,973 TOTAL PUBLIC FUNDS $1,188,561 $1,281,004 $1,188,561 $1,214,973 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 State General Funds TOTAL PUBLIC FUNDS 122.1 Reduce funds from operations by 10%. $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 4866 JOURNAL OF THE SENATE State General Funds ($74,833) ($74,833) ($74,833) ($74,833) 122.2 Reduce funds from contracts by 10%. State General Funds ($121,553) ($121,553) ($121,553) ($121,553) 122.3 Reduce funds from contracts and operations. State General Funds ($378,447) $0 ($100,000) 122.99 CC: The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum. Senate: The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum. State General Funds $0 $0 122.100-Curriculum Development Appropriation (HB 119) The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum. TOTAL STATE FUNDS $1,378,447 $1,000,000 $1,378,447 $1,278,447 State General Funds $1,378,447 $1,000,000 $1,378,447 $1,278,447 TOTAL PUBLIC FUNDS $1,378,447 $1,000,000 $1,378,447 $1,278,447 Dropout Prevention Continuation Budget The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS $53,174,636 $53,174,636 $53,174,636 $53,174,636 State General Funds $53,174,636 $53,174,636 $53,174,636 $53,174,636 TOTAL PUBLIC FUNDS $53,174,636 $53,174,636 $53,174,636 $53,174,636 123.1 Reduce funds from Graduation Coaches by providing funds only for middle school graduation coaches who serve in feeder high schools with graduation rates at or below 85% (-$6,060,000), and provide funds for a training and experience adjustment ($2,384,265). State General Funds ($3,675,735) ($3,675,735) ($3,675,735) ($3,675,735) 123.2 Reduce funds from Graduation Coach training. State General Funds ($33,000) ($33,000) ($33,000) ($33,000) 123.3 Eliminate start-up funds for the Junior Reserve Officer Training Corps (JROTC). State General Funds ($240,000) ($240,000) ($240,000) ($240,000) FRIDAY, APRIL 3, 2009 4867 123.98 Transfer all funds and activities for Graduation Coaches to the Quality Basic Education Program. State General Funds ($49,225,901) $0 ($49,225,901) ($49,225,901) 123.99 CC: The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates. Senate: The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates. State General Funds $0 $0 123.100-Dropout Prevention Appropriation (HB 119) The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates. TOTAL STATE FUNDS $49,225,901 State General Funds $49,225,901 TOTAL PUBLIC FUNDS $49,225,901 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 $1,024,026,289 $1,024,026,289 $1,024,026,289 $0 $1,024,026,289 $1,024,026,289 $1,024,026,289 $0 $1,024,026,289 $1,024,026,289 $1,024,026,289 $0 $1,024,026,289 $1,024,026,289 $1,024,026,289 124.100-Federal Programs Appropriation (HB 119) 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 $1,024,026,289 Federal Funds Not Itemized $1,024,026,289 $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 $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 State General Funds TOTAL PUBLIC FUNDS $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 $384,375 4868 JOURNAL OF THE SENATE 125.1 Eliminate funds. State General Funds ($384,375) ($384,375) ($384,375) ($384,375) 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 $8,351,576 $8,351,576 $8,351,576 $8,351,576 Federal Funds Not Itemized $8,351,576 $8,351,576 $8,351,576 $8,351,576 TOTAL PUBLIC FUNDS $8,351,576 $8,351,576 $8,351,576 $8,351,576 126.99 CC: The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal education laws, and to provide resources to educators and parents of students with disabilities. Senate: The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal education laws, and to provide resources to educators and parents of students with disabilities. State General Funds $0 $0 126.100-Georgia Learning Resources System Appropriation (HB 119) The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal education laws, and to provide resources to educators and parents of students with disabilities. TOTAL FEDERAL FUNDS $8,351,576 $8,351,576 $8,351,576 $8,351,576 Federal Funds Not Itemized $8,351,576 $8,351,576 $8,351,576 $8,351,576 TOTAL PUBLIC FUNDS $8,351,576 $8,351,576 $8,351,576 $8,351,576 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 AGENCY FUNDS Sales and Services $4,123,362 $4,123,362 $722,213 $722,213 $4,123,362 $4,123,362 $722,213 $722,213 $4,123,362 $4,123,362 $722,213 $722,213 $4,123,362 $4,123,362 $722,213 $722,213 FRIDAY, APRIL 3, 2009 4869 Sales and Services Not Itemized $722,213 $722,213 $722,213 $722,213 TOTAL PUBLIC FUNDS $4,845,575 $4,845,575 $4,845,575 $4,845,575 127.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $2,094 $2,094 $2,094 $2,094 127.2 Transfer funds from the Information Technology Services program to provide an additional 1,500 courses. State General Funds $930,180 $0 $0 $0 127.3 Increase funds ($1,135,240) and utilize funds from contracts for administration ($105,000) to provide an additional 2,000 courses. State General Funds $1,135,240 $1,135,240 $1,135,240 127.99 CC: The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher. Senate: The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher. State General Funds $0 $0 127.100-Georgia Virtual School Appropriation (HB 119) The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher. TOTAL STATE FUNDS $5,055,636 $5,260,696 $5,260,696 $5,260,696 State General Funds $5,055,636 $5,260,696 $5,260,696 $5,260,696 TOTAL AGENCY FUNDS $722,213 $722,213 $722,213 $722,213 Sales and Services $722,213 $722,213 $722,213 $722,213 Sales and Services Not Itemized $722,213 $722,213 $722,213 $722,213 TOTAL PUBLIC FUNDS $5,777,849 $5,982,909 $5,982,909 $5,982,909 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 $250,000 $250,000 $250,000 $250,000 4870 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS 128.1 Eliminate funds. $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 State General Funds ($250,000) $0 $0 $0 128.99 CC: The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly among elementary and middle school teachers and students in underserved areas of the state. Senate: The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly among elementary and middle school teachers and students in underserved areas of the state. State General Funds $0 $0 128.100-Georgia Youth Science and Technology Appropriation (HB 119) The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly among elementary and middle school teachers and students in underserved areas of the state. TOTAL STATE FUNDS $250,000 $250,000 $250,000 State General Funds $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $250,000 $250,000 $250,000 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 129.1 Defer the FY09 cost of living adjustment. $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 $1,443,893 State General Funds ($7,483) ($7,483) ($7,483) ($7,483) 129.2 Reduce funds from contracts. State General Funds ($75,000) $0 ($75,000) ($75,000) 129.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $1,956 $1,956 $1,956 $1,956 FRIDAY, APRIL 3, 2009 4871 129.4 Reduce funds to reflect the charge of a $250 fee. State General Funds ($172,000) $0 129.99 CC: The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. Senate: The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. State General Funds $0 $0 129.100-Governor's Honors Program Appropriation (HB 119) The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. TOTAL STATE FUNDS $1,363,366 $1,438,366 $1,191,366 $1,363,366 State General Funds $1,363,366 $1,438,366 $1,191,366 $1,363,366 TOTAL PUBLIC FUNDS $1,363,366 $1,438,366 $1,191,366 $1,363,366 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 $7,217,319 $7,217,319 $7,217,319 $7,217,319 State General Funds $7,217,319 $7,217,319 $7,217,319 $7,217,319 TOTAL PUBLIC FUNDS $7,217,319 $7,217,319 $7,217,319 $7,217,319 130.1 Transfer funds for Education Technology Training Centers (ETTCs) to the Quality Basic Education program ($2,752,130) and Georgia Virtual School program ($930,180). (S:Eliminate funds and initiate new technology support programs through RESAs and/or technical schools) State General Funds ($3,682,310) $0 ($3,682,310) $0 130.2 Reduce funds by 3%. State General Funds ($110,469) $0 ($110,469) 130.99 CC: The purpose of this appropriation is to provide Internet access for local school systems, and to provide training and support to school systems staff in the use of technology in instruction through Educational Technology Training Centers. Senate: The purpose of this appropriation is to provide internet access for local school systems. State General Funds $0 $0 4872 JOURNAL OF THE SENATE 130.100-Information Technology Services Appropriation (HB 119) The purpose of this appropriation is to provide Internet access for local school systems, and to provide training and support to school systems staff in the use of technology in instruction through Educational Technology Training Centers. TOTAL STATE FUNDS $3,535,009 $7,106,850 $3,535,009 $7,106,850 State General Funds $3,535,009 $7,106,850 $3,535,009 $7,106,850 TOTAL PUBLIC FUNDS $3,535,009 $7,106,850 $3,535,009 $7,106,850 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 $12,294,628 State General Funds $12,294,628 $12,294,628 $12,294,628 $12,294,628 TOTAL PUBLIC FUNDS $12,294,628 $12,294,628 $12,294,628 $12,294,628 131.1 Eliminate funds. (H:Provide funds based on projected need)(S and CC:As funds are available, limit to 10% of base teacher salary) State General Funds ($12,294,628) $1,450,000 ($5,085,142) ($5,085,142) 131.99 CC: The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers. Senate: The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers. State General Funds $0 $0 131.100-National Board Certification Appropriation (HB 119) The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers. TOTAL STATE FUNDS $13,744,628 $7,209,486 $7,209,486 State General Funds $13,744,628 $7,209,486 $7,209,486 TOTAL PUBLIC FUNDS $13,744,628 $7,209,486 $7,209,486 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. TOTAL STATE FUNDS $750,000 $750,000 $750,000 $750,000 FRIDAY, APRIL 3, 2009 4873 State General Funds TOTAL PUBLIC FUNDS 132.1 Eliminate funds. $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 $750,000 State General Funds ($750,000) ($250,000) ($750,000) ($250,000) 132.99 CC: The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology. Senate: The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology. State General Funds $0 $0 132.100-National Science Center and Foundation Appropriation (HB 119) The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology. TOTAL STATE FUNDS $500,000 $500,000 State General Funds $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 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 $28,625,373 State General Funds $28,625,373 TOTAL PUBLIC FUNDS $28,625,373 133.1 Reduce funds from Special Education - Low Incidence grants. $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 $28,625,373 State General Funds ($24,802) ($24,802) ($24,802) ($24,802) 133.2 Reduce funds from Migrant Education. State General Funds ($10,396) ($10,396) ($10,396) ($10,396) 133.3 Reduce funds from Sparsity grants. State General Funds ($254,098) ($254,098) ($254,098) ($254,098) 133.4 Reduce funds from grants for Residential Treatment Centers. 4874 JOURNAL OF THE SENATE State General Funds ($120,337) ($120,337) $0 $0 133.5 Reduce funds from Georgia Special Needs Scholarship grants. State General Funds ($169,702) ($169,702) ($169,702) ($169,702) 133.6 Increase funds for Special Needs Scholarships. State General Funds $5,978,162 $5,978,162 $5,978,162 133.98 Transfer all funds and activities for Classroom Supply Cards to the Quality Basic Education program. (H and S:Eliminate funds for the classroom supply cards) State General Funds ($11,473,726) ($11,473,726) ($11,473,726) ($11,473,726) 133.99 CC: The purpose of this appropriation is to fund specific initiatives, including: the Georgia Special Needs Scholarship, children in residential education facilities, compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and one-time projects for local education boards. Senate: The purpose of this appropriation is to fund specific initiatives, including: summer remediation, the Georgia Special Needs Scholarships, children in residential education facilities, compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and one-time projects for local education boards. State General Funds $0 $0 133.100-Non Quality Basic Education Formula Grants Appropriation (HB 119) The purpose of this appropriation is to fund specific initiatives, including: the Georgia Special Needs Scholarship, children in residential education facilities, compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and one-time projects for local education boards. TOTAL STATE FUNDS $16,572,312 $22,550,474 $22,670,811 $22,670,811 State General Funds $16,572,312 $22,550,474 $22,670,811 $22,670,811 TOTAL PUBLIC FUNDS $16,572,312 $22,550,474 $22,670,811 $22,670,811 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 $39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754 $39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754 $39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754 $39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754 FRIDAY, APRIL 3, 2009 4875 134.1 Reduce funds by 3%. State General Funds ($1,194,697) ($1,194,697) ($1,194,697) 134.99 CC: 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 and comply with federal standards. Senate: 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 and comply with federal standards. State General Funds $0 $0 134.100 -Nutrition Appropriation (HB 119) 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 and comply with federal standards. TOTAL STATE FUNDS $39,823,217 $38,628,520 $38,628,520 $38,628,520 State General Funds $39,823,217 $38,628,520 $38,628,520 $38,628,520 TOTAL FEDERAL FUNDS $468,889,537 $468,889,537 $468,889,537 $468,889,537 Federal Funds Not Itemized $468,889,537 $468,889,537 $468,889,537 $468,889,537 TOTAL PUBLIC FUNDS $508,712,754 $507,518,057 $507,518,057 $507,518,057 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 135.1 Annualize the cost of the FY09 salary adjustment. $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 State General Funds $146,093 $146,093 $146,093 $146,093 135.2 Reduce funds based on a projected change in full time equivalents. State General Funds ($470,178) ($729,432) ($729,432) ($729,432) 135.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($247,418) ($101,441) $0 $0 4876 JOURNAL OF THE SENATE 135.99 CC: The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. Senate: The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. State General Funds $0 $0 135.100-Preschool Handicapped Appropriation (HB 119) The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. TOTAL STATE FUNDS $29,786,569 $29,673,292 $29,774,733 $29,774,733 State General Funds $29,786,569 $29,673,292 $29,774,733 $29,774,733 TOTAL PUBLIC FUNDS $29,786,569 $29,673,292 $29,774,733 $29,774,733 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 State General Funds TOTAL PUBLIC FUNDS 136.1 Reduce funds by 3%. (CC:Reduce funds by 1.5%) $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 $170,943,051 State General Funds ($5,128,292) ($2,564,146) 136.99 CC: 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. Senate: 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. State General Funds $0 $0 136.100-Pupil Transportation Appropriation (HB 119) 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 $170,943,051 $170,943,051 $165,814,759 $168,378,905 State General Funds $170,943,051 $170,943,051 $165,814,759 $168,378,905 TOTAL PUBLIC FUNDS $170,943,051 $170,943,051 $165,814,759 $168,378,905 FRIDAY, APRIL 3, 2009 4877 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 $548,529,543 $548,529,543 $548,529,543 State General Funds $548,529,543 $548,529,543 $548,529,543 TOTAL PUBLIC FUNDS $548,529,543 $548,529,543 $548,529,543 137.1 Reduce funds by capping the formula at twelve mills instead of fifteen. (H and S:Reduce funds) $548,529,543 $548,529,543 $548,529,543 State General Funds ($112,370,956) ($112,370,956) ($112,370,956) ($112,370,956) 137.99 CC: The purpose of this appropriation is to provide additional financial assistance to local school systems ranking in the lowest 75% of per pupil tax wealth as outlined in O.C.G.A. 20-2-165. Senate: The purpose of this appropriation is to provide additional financial assistance to local school systems with low property tax digests as measured per mill per full time equivalent. State General Funds $0 $0 137.100-Quality Basic Education Equalization Appropriation (HB 119) The purpose of this appropriation is to provide additional financial assistance to local school systems ranking in the lowest 75% of per pupil tax wealth as outlined in O.C.G.A. 20-2-165. TOTAL STATE FUNDS $436,158,587 $436,158,587 $436,158,587 $436,158,587 State General Funds $436,158,587 $436,158,587 $436,158,587 $436,158,587 TOTAL PUBLIC FUNDS $436,158,587 $436,158,587 $436,158,587 $436,158,587 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 ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) State General Funds ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) TOTAL PUBLIC FUNDS ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) 138.1 Increase funds for school systems with declining tax digests. State General Funds ($6,654,944) ($6,654,944) ($6,654,944) ($6,654,944) 138.99 CC: The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164. Senate: The purpose of this program is to recognize the required local portion of the Quality Basic Education program. 4878 JOURNAL OF THE SENATE State General Funds $0 $0 138.100-Quality Basic Education Local Five Mill Share Appropriation (HB 119) The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164. TOTAL STATE FUNDS ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) State General Funds ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) TOTAL PUBLIC FUNDS ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) 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 State General Funds TOTAL PUBLIC FUNDS 139.1 Annualize the cost of the FY09 salary adjustment. $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 State General Funds $31,882,010 $31,882,010 $31,882,010 $31,882,010 139.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $28,239,356 $28,239,356 $28,239,356 $28,239,356 139.3 Increase funds to account for an enrollment growth of 0.23% and for training and experience. State General Funds $66,459,413 $66,459,413 $66,459,413 $66,459,413 139.4 Reduce funds from Quality Basic Education (QBE) formula funding. State General Funds ($147,202,564) ($147,202,564) ($147,202,564) ($147,202,564) 139.5 Reduce funds received in HB990 (FY09G) for additional QBE enhancements. State General Funds ($50,000,000) ($50,000,000) ($50,000,000) ($50,000,000) 139.6 Increase funds for dual enrollment courses. (H:Reduce dual enrollment administration from $161.44 per segment to $88.40 per segment)(CC:Increase funds for dual enrollment courses) State General Funds $1,390,960 $761,613 $1,390,960 $1,390,960 139.7 Recognize funds from the American Recovery and Reinvestment Act of 2009. (S:Transfer ARRA funds from the Technical College System of Georgia) FRIDAY, APRIL 3, 2009 4879 State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($319,175,639) ($375,000,000) ($334,581,878) ($413,145,927) $319,175,639 $400,000,000 $334,581,878 $413,145,927 $0 $25,000,000 $0 $0 139.8 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($72,456,845) ($29,707,306) $0 $0 139.9 Increase funds for charter systems grants. State General Funds $1,757,611 $1,757,611 $1,757,611 139.97 Transfer all funds and activities for Graduation Coaches and Classroom Supply Cards from the Dropout Prevention and NonQuality Basic Education Formula Grants programs. (S:Transfer funds and activities for Graduation Coaches from the Dropout Prevention program)(CC:Transfer funds and activities for Graduation Coaches from the Dropout Prevention program to offset the austerity reduction) State General Funds $60,699,627 $0 $49,225,901 $49,225,901 139.98 Transfer all funds and activities for Education Technology Training Centers (ETTCs) from the Information Technology Services and Regional Education Service Agencies programs. State General Funds $15,219,551 $0 $0 $0 139.99 CC: The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-12 as outlined in O.C.G.A. 20-2-161. Senate: The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students 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. State General Funds $0 $0 139.100-Quality Basic Education Program Appropriation (HB 119) The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-12 as outlined in O.C.G.A. 20-2-161. TOTAL STATE FUNDS $8,095,891,168 $8,008,025,432 $8,128,006,108 $8,049,442,059 State General Funds $8,095,891,168 $8,008,025,432 $8,128,006,108 $8,049,442,059 TOTAL FEDERAL FUNDS $319,175,639 $400,000,000 $334,581,878 $413,145,927 American Recovery and Reinvestment Act of 2009 $319,175,639 $400,000,000 $334,581,878 $413,145,927 4880 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $8,415,066,807 $8,408,025,432 $8,462,587,986 $8,462,587,986 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 140.1 Annualize the cost of the FY09 salary adjustment. $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 $12,408,840 State General Funds $58,581 $58,581 $58,581 $58,581 140.2 Reduce funds by 3%. State General Funds ($374,022) ($374,022) ($374,022) 140.3 Increase funds to provide additional educational technology training. Lottery Proceeds $1,773,074 $0 140.98 Transfer all funds and activities to the Quality Basic Education Program. State General Funds ($12,467,421) $0 $0 $0 140.99 CC: The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services. Senate: The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services. State General Funds $0 $0 140.100-Regional Education Service Agencies Appropriation (HB 119) The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services. TOTAL STATE FUNDS $12,093,399 $13,866,473 $12,093,399 State General Funds $12,093,399 $12,093,399 $12,093,399 Lottery Proceeds $1,773,074 FRIDAY, APRIL 3, 2009 4881 TOTAL PUBLIC FUNDS $12,093,399 $13,866,473 $12,093,399 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 $10,191,533 $10,191,533 $100,000 $100,000 $100,000 $10,291,533 $10,191,533 $10,191,533 $100,000 $100,000 $100,000 $10,291,533 $10,191,533 $10,191,533 $100,000 $100,000 $100,000 $10,291,533 $10,191,533 $10,191,533 $100,000 $100,000 $100,000 $10,291,533 141.1 Defer the FY09 cost of living adjustment. State General Funds ($140,581) ($140,581) ($140,581) ($140,581) 141.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $26,602 $26,602 $26,602 $26,602 141.3 Reduce funds by eliminating five vacant positions. (H:Provide for additional reductions)(S and CC:Utilize federal funds) State General Funds ($500,000) ($1,000,000) ($2,000,000) ($2,000,000) 141.98 Transfer all funds and activities for Math and Science Mentors ($2,621,358) and Teacher Success/CLASS Keys ($257,500) from the Academic Coach program. State General Funds $2,878,858 $257,500 $2,878,858 $257,500 141.99 CC: The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. Senate: The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. The purpose of this appropriation is also to implement statewide direct classroom support for teachers in math and science. State General Funds $0 $0 4882 JOURNAL OF THE SENATE 141.100-School Improvement Appropriation (HB 119) The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. TOTAL STATE FUNDS $12,456,412 $9,335,054 $10,956,412 $8,335,054 State General Funds $12,456,412 $9,335,054 $10,956,412 $8,335,054 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 $12,556,412 $9,435,054 $11,056,412 $8,435,054 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 State General Funds TOTAL PUBLIC FUNDS 142.1 Eliminate funds. (H and S:Reduce funds by 3%) $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 State General Funds ($30,000,000) ($900,000) ($900,000) ($900,000) 142.99 CC: The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. Senate: The purpose of this appropriation is to provide training, technical assistance, and resources to school nurses who provide health procedures for students at school. State General Funds $0 $0 142.100-School Nurses Appropriation (HB 119) The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. TOTAL STATE FUNDS $29,100,000 $29,100,000 $29,100,000 State General Funds $29,100,000 $29,100,000 $29,100,000 TOTAL PUBLIC FUNDS $29,100,000 $29,100,000 $29,100,000 Severely Emotionally Disturbed Continuation Budget The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. FRIDAY, APRIL 3, 2009 4883 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733 $70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733 $70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733 $70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733 143.1 Annualize the cost of the FY09 salary adjustment. State General Funds $232,510 $232,510 $232,510 $232,510 143.2 Reduce funds to meet projected need. State General Funds ($1,957,711) ($1,957,711) ($1,957,711) ($1,957,711) 143.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($611,953) ($250,901) $0 $0 143.99 CC: The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families. Senate: The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families. State General Funds $0 $0 143.100-Severely Emotionally Disturbed Appropriation (HB 119) The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families. TOTAL STATE FUNDS $68,508,721 $68,869,773 $69,120,674 $69,120,674 State General Funds $68,508,721 $68,869,773 $69,120,674 $69,120,674 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $81,868,579 $82,229,631 $82,480,532 $82,480,532 4884 JOURNAL OF THE SENATE 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 $257,462,021 $257,462,021 $257,462,021 $257,462,021 State General Funds $257,462,021 $257,462,021 $257,462,021 $257,462,021 TOTAL FEDERAL FUNDS $19,445,076 $19,445,076 $19,445,076 $19,445,076 Federal Funds Not Itemized $19,445,076 $19,445,076 $19,445,076 $19,445,076 TOTAL PUBLIC FUNDS $276,907,097 $276,907,097 $276,907,097 $276,907,097 144.1 Increase funds for the employer contribution for eligible non-certified managers who elect to participate in the Teachers' Retirement System. State General Funds $450,000 $450,000 $450,000 144.2 Reduce funds from health insurance for non-certificated personnel and direct the Department of Community Health to cover this contribution from surpluses in the State Health Benefit Plan. (CC:Increase state funds for block grant) State General Funds ($248,864,058) ($166,647,981) 144.99 CC: The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract. These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's retirement, and vocational funding for the post- secondary vocational education agency. Senate: The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract. These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's retirement, and vocational funding for the post- secondary vocational education agency. State General Funds $0 $0 144.100-State Interagency Transfers Appropriation (HB 119) The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract. These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's retirement, and vocational funding for the post-secondary vocational education agency. TOTAL STATE FUNDS $257,462,021 $257,912,021 $9,047,963 $91,264,040 State General Funds $257,462,021 $257,912,021 $9,047,963 $91,264,040 TOTAL FEDERAL FUNDS $19,445,076 $19,445,076 $19,445,076 $19,445,076 FRIDAY, APRIL 3, 2009 4885 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $19,445,076 $19,445,076 $276,907,097 $277,357,097 $19,445,076 $19,445,076 $28,493,039 $110,709,116 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 145.1 Annualize the cost of the FY09 salary adjustment. $23,357,809 $23,357,809 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008 $23,357,809 $23,357,809 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008 $23,357,809 $23,357,809 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008 $23,357,809 $23,357,809 $1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008 State General Funds $41,536 $41,536 $41,536 $41,536 145.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $71,967 $71,967 $71,967 $71,967 145.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($177,241) ($72,669) $0 $0 145.99 CC: The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi-disabled students through residential and day programs which provide a learning environment addressing their academic, vocational, and social development. Senate: The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi-disabled students through residential and day programs which provide a learning environment addressing their academic, vocational, and social development. State General Funds $0 $0 4886 JOURNAL OF THE SENATE 145.100-State Schools Appropriation (HB 119) The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi- disabled students through residential and day programs which provide a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS $23,294,071 $23,398,643 $23,471,312 $23,471,312 State General Funds $23,294,071 $23,398,643 $23,471,312 $23,471,312 TOTAL AGENCY FUNDS $1,649,199 $1,649,199 $1,649,199 $1,649,199 Contributions, Donations, and Forfeitures $716,484 $716,484 $716,484 $716,484 Contributions, Donations, and Forfeitures Not Itemized $716,484 $716,484 $716,484 $716,484 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 $24,943,270 $25,047,842 $25,120,511 $25,120,511 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 146.1 Annualize the cost of the FY09 salary adjustment. $16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212 $16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212 $16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212 $16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212 State General Funds $41,476 $41,476 $41,476 $41,476 146.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($63,511) ($26,039) $0 $0 146.3 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds from operations ($503,909) and from Vocational FRIDAY, APRIL 3, 2009 4887 Supervisors ($350,000)) State General Funds ($503,909) ($503,909) ($853,909) ($503,909) 146.99 CC: The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. Senate: The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. State General Funds $0 $0 146.100-Technology/Career Education Appropriation (HB 119) The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. TOTAL STATE FUNDS $16,271,028 $16,308,500 $15,984,539 $16,334,539 State General Funds $16,271,028 $16,308,500 $15,984,539 $16,334,539 TOTAL FEDERAL FUNDS $22,273,772 $22,273,772 $22,273,772 $22,273,772 Federal Funds Not Itemized $22,273,772 $22,273,772 $22,273,772 $22,273,772 TOTAL AGENCY FUNDS $13,004,468 $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers $13,004,468 $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers Not Itemized $13,004,468 $13,004,468 $13,004,468 $13,004,468 TOTAL PUBLIC FUNDS $51,549,268 $51,586,740 $51,262,779 $51,612,779 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 147.1 Reduce funds from State-Mandated Testing. $23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564 $23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564 $23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564 $23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564 State General Funds ($444,860) ($444,860) ($444,860) ($444,860) 147.2 Reduce funds from SAT Preparation contracts. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 4888 JOURNAL OF THE SENATE 147.3 Reduce funds from Advanced Placement tests for private schools. State General Funds ($354,075) ($354,075) ($354,075) 147.99 CC: The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. Senate: The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. State General Funds $0 $0 147.100 -Testing Appropriation (HB 119) The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. TOTAL STATE FUNDS $22,698,160 $22,344,085 $22,344,085 $22,344,085 State General Funds $22,698,160 $22,344,085 $22,344,085 $22,344,085 TOTAL FEDERAL FUNDS $13,664,544 $13,664,544 $13,664,544 $13,664,544 Federal Funds Not Itemized $13,664,544 $13,664,544 $13,664,544 $13,664,544 TOTAL PUBLIC FUNDS $36,362,704 $36,008,629 $36,008,629 $36,008,629 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 $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 $1,658,859 148.99 CC: The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student. Senate: The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student. State General Funds $0 $0 148.100-Tuition for Multi-Handicapped Appropriation (HB 119) The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student. FRIDAY, APRIL 3, 2009 4889 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 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,715.64. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 24: Employees' Retirement System of Georgia 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 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 $7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044 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 $7,187,430 $7,187,430 $7,187,430 $7,187,430 $3,247,904 $3,247,904 $3,247,904 $3,247,904 $16,027,369 $16,027,369 $16,027,369 $16,027,369 $26,462,703 $26,462,703 $7,187,430 $7,187,430 $3,247,904 $3,247,904 $16,027,369 $16,027,369 $26,462,703 $7,187,430 $7,187,430 $3,247,904 $3,247,904 $16,027,369 $16,027,369 $26,462,703 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 Sales and Services $0 $0 $2,929,619 $2,929,619 $0 $0 $2,929,619 $2,929,619 $0 $0 $2,929,619 $2,929,619 $0 $0 $2,929,619 $2,929,619 4890 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS 149.1 Increase funds based on expected expenditures. $2,929,619 $2,929,619 $2,929,619 $2,929,619 $2,929,619 $2,929,619 Retirement Payments $634 $634 $634 149.2 Increase funds for the implementation of the Georgia State Employees Pension and Savings Plan (GSEPS). Sales and Services Not Itemized $318,285 $318,285 $318,285 $2,929,619 $2,929,619 $634 $318,285 149.100-Deferred Compensation Appropriation (HB 119) The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL AGENCY FUNDS $3,247,904 $3,247,904 $3,247,904 $3,247,904 Sales and Services $3,247,904 $3,247,904 $3,247,904 $3,247,904 Sales and Services Not Itemized $3,247,904 $3,247,904 $3,247,904 $3,247,904 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $634 $634 $634 $634 State Funds Transfers $634 $634 $634 $634 Retirement Payments $634 $634 $634 $634 TOTAL PUBLIC FUNDS $3,248,538 $3,248,538 $3,248,538 $3,248,538 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 $1,323,024 State General Funds $1,323,024 TOTAL PUBLIC FUNDS $1,323,024 150.1 Increase funds to align with the actuarial total required annual contribution. $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 $1,323,024 State General Funds $110,604 $110,604 $110,604 $110,604 150.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 150.100-Georgia Military Pension Fund Appropriation (HB 119) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,358,628 $1,358,628 $1,358,628 $1,358,628 State General Funds $1,358,628 $1,358,628 $1,358,628 $1,358,628 FRIDAY, APRIL 3, 2009 4891 TOTAL PUBLIC FUNDS $1,358,628 $1,358,628 $1,358,628 $1,358,628 Public School Employees Retirement System Continuation Budget 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $5,828,802 $5,828,802 $287,500 $287,500 $287,500 $6,116,302 $5,828,802 $5,828,802 $287,500 $287,500 $287,500 $6,116,302 $5,828,802 $5,828,802 $287,500 $287,500 $287,500 $6,116,302 $5,828,802 $5,828,802 $287,500 $287,500 $287,500 $6,116,302 151.100-Public School Employees Retirement System Appropriation (HB 119) 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 $5,828,802 $5,828,802 $5,828,802 $5,828,802 State General Funds $5,828,802 $5,828,802 $5,828,802 $5,828,802 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $287,500 $287,500 $287,500 $287,500 State Funds Transfers $287,500 $287,500 $287,500 $287,500 Retirement Payments $287,500 $287,500 $287,500 $287,500 TOTAL PUBLIC FUNDS $6,116,302 $6,116,302 $6,116,302 $6,116,302 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. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,314,099 $17,314,099 $17,314,099 $17,314,099 State Funds Transfers $17,314,099 $17,314,099 $17,314,099 $17,314,099 Retirement Payments $17,314,099 $17,314,099 $17,314,099 $17,314,099 TOTAL PUBLIC FUNDS $17,314,099 $17,314,099 $17,314,099 $17,314,099 152.1 Reduce funds due to the completed implementation of the Georgia State Employees Pension and Savings Plan (GSEPS). Retirement Payments ($17,250) ($17,250) ($17,250) ($17,250) 4892 JOURNAL OF THE SENATE 152.2 Reduce funds due to the completion of the disaster recovery project. Retirement Payments ($225,000) ($225,000) ($225,000) ($225,000) 152.3 Reduce funds related to the Group Term Life Insurance (GTLI) project. (S and CC:Reduce funds from contracts related to ERS/PSERS lawsuits filed in CY07 and CY08) Retirement Payments ($1,332,614) ($1,332,614) ($1,332,614) ($1,332,614) 152.100-System Administration Appropriation (HB 119) 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 $15,739,235 $15,739,235 $15,739,235 $15,739,235 State Funds Transfers $15,739,235 $15,739,235 $15,739,235 $15,739,235 Retirement Payments $15,739,235 $15,739,235 $15,739,235 $15,739,235 TOTAL PUBLIC FUNDS $15,739,235 $15,739,235 $15,739,235 $15,739,235 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 the GSEPS employees, the employer contribution rate shall not exceed 6.54% for the pension portion of the benefit and 3.0% in employer match contributions for the 401(k) portion of the benefit. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $141.46 per member for State Fiscal Year 2010. Section 25: 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 Section Total - Continuation $39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 $39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 $39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 $39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $53,501,758 Section Total - Final FRIDAY, APRIL 3, 2009 4893 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 $32,915,798 $32,915,798 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $47,152,503 $33,441,333 $33,441,333 $8,610,055 $8,610,055 $5,626,650 $125,000 $13,000 $5,488,650 $47,678,038 $34,600,778 $34,600,778 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $48,837,483 $34,463,728 $34,463,728 $8,603,135 $8,603,135 $5,633,570 $125,000 $13,000 $5,495,570 $48,700,433 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 153.1 Defer the FY09 cost of living adjustment. $4,606,407 $4,606,407 $8,872 $8,872 $8,872 $4,615,279 $4,606,407 $4,606,407 $8,872 $8,872 $8,872 $4,615,279 $4,606,407 $4,606,407 $8,872 $8,872 $8,872 $4,615,279 $4,606,407 $4,606,407 $8,872 $8,872 $8,872 $4,615,279 State General Funds ($31,966) ($31,966) ($31,966) ($31,966) 153.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($133,158) ($115,068) $0 $0 153.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($174,536) ($174,536) ($174,536) ($174,536) 153.4 Reduce one-time funds received in HB1027 (FY07G) to construct a garage for a Georgia Bureau of Investigation (GBI) bomb 4894 JOURNAL OF THE SENATE truck. State General Funds ($60,000) ($60,000) ($60,000) 153.5 Reduce one-time funds received in HB1027 (FY07G) to purchase six fire engines. State General Funds ($125,000) ($125,000) ($125,000) 153.6 Reduce funds designated for one training officer position and fund with existing federal funds. State General Funds ($40,000) ($40,000) ($40,000) 153.7 Reduce funds and replace with fees retained from existing federal grants to landowners. State General Funds ($218,711) ($218,711) ($218,711) 153.8 Reduce funds from travel. State General Funds ($11,906) ($11,906) ($11,906) 153.9 Reduce funds from operations. State General Funds ($36,812) ($36,812) ($36,812) 153.10 Reduce funds by eliminating a vacant maintenance position at the Macon headquarters. State General Funds ($40,000) ($40,000) ($40,000) 153.11 Reduce funds by eliminating various contracts. State General Funds ($60,000) ($60,000) ($60,000) 153.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($37,050) ($37,050) $0 153.13 Reduce merit system assessments from $147 to $137 per position. State General Funds ($5,507) ($5,507) ($60,000) ($125,000) ($40,000) ($218,711) ($11,906) ($36,812) ($40,000) ($60,000) ($37,050) ($5,507) 153.100-Commission Administration Appropriation (HB 119) 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 $3,637,268 $3,649,851 $3,801,969 $3,764,919 State General Funds $3,637,268 $3,649,851 $3,801,969 $3,764,919 TOTAL AGENCY FUNDS $8,872 $8,872 $8,872 $8,872 Sales and Services $8,872 $8,872 $8,872 $8,872 Sales and Services Not Itemized $8,872 $8,872 $8,872 $8,872 FRIDAY, APRIL 3, 2009 4895 TOTAL PUBLIC FUNDS $3,646,140 $3,658,723 $3,810,841 $3,773,791 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 154.1 Defer the FY09 cost of living adjustment. $3,863,541 $3,863,541 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010 $3,863,541 $3,863,541 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010 $3,863,541 $3,863,541 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010 $3,863,541 $3,863,541 $6,555,882 $6,555,882 $707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010 State General Funds ($30,391) ($30,391) ($30,391) ($30,391) 154.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($180,900) ($156,324) $0 $0 154.3 Reduce one-time funds received in HB990 (FY09G) to purchase a vehicle for a conservation forester. State General Funds ($16,000) ($16,000) ($16,000) ($16,000) 154.4 Reduce funds from travel. State General Funds ($28,600) ($28,600) ($28,600) ($28,600) 154.5 Reduce funds from operations. State General Funds ($5,917) ($5,917) ($5,917) ($5,917) 4896 JOURNAL OF THE SENATE 154.6 Reduce funds from the forest inventory program by eliminating two vacant forester positions. State General Funds ($26,208) ($26,208) ($26,208) ($26,208) 154.7 Reduce funds by eliminating one vacant educational forest coordinator position at the Bartram Forest. State General Funds ($49,587) ($49,587) ($49,587) ($49,587) 154.8 Reduce funds by eliminating one vacant sustainable community forester position for the Metro-Atlanta region. State General Funds ($77,886) ($77,886) ($77,886) ($77,886) 154.9 Reduce funds by eliminating one vacant marketing forester position. State General Funds ($63,000) ($63,000) ($63,000) ($63,000) 154.10 Eliminate funds from the Southern Forest World museum. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 154.11 Eliminate funds by closing the Brender Demonstration Forest. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 154.12 Reduce funds by hiring all forester positions on a temporary basis for three months. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 154.13 Reduce funds to reflect the revised revenue estimate. State General Funds ($33,874) ($33,874) ($33,874) ($33,874) 154.99 CC: The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. Senate: The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. FRIDAY, APRIL 3, 2009 4897 State General Funds $0 $0 154.100-Forest Management Appropriation (HB 119) The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. TOTAL STATE FUNDS $3,307,178 $3,331,754 $3,488,078 $3,488,078 State General Funds $3,307,178 $3,331,754 $3,488,078 $3,488,078 TOTAL FEDERAL FUNDS $6,555,882 $6,555,882 $6,555,882 $6,555,882 Federal Funds Not Itemized $6,555,882 $6,555,882 $6,555,882 $6,555,882 TOTAL AGENCY FUNDS $707,587 $707,587 $707,587 $707,587 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 $582,587 $582,587 $582,587 $582,587 Sales and Services Not Itemized $582,587 $582,587 $582,587 $582,587 TOTAL PUBLIC FUNDS $10,570,647 $10,595,223 $10,751,547 $10,751,547 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 $30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 4898 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 155.1 Defer the FY09 cost of living adjustment. $36,298,695 $36,298,695 $36,298,695 $36,298,695 State General Funds ($236,666) ($236,666) ($236,666) ($236,666) 155.2 Defer structure adjustments to the statewide salary plan. State General Funds ($22,372) ($22,372) ($22,372) ($22,372) 155.3 Defer salary adjustments for critical jobs. State General Funds ($42,845) ($42,845) ($42,845) ($42,845) 155.4 Defer special adjustments to selected job classes. State General Funds ($929,960) ($929,960) ($929,960) ($929,960) 155.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($847,246) ($732,142) $0 $0 155.6 Reduce one-time funds received in HB990 (FY09G) to purchase a vehicle for an arson investigator. State General Funds ($16,000) ($16,000) ($16,000) ($16,000) 155.7 Reduce funds for four and a half fire control positions and fund with existing federal funds. State General Funds ($166,209) ($166,209) ($166,209) ($166,209) 155.8 Reduce funds for two welder positions and fund with existing federal funds. State General Funds ($42,000) ($42,000) ($42,000) ($42,000) 155.9 Reduce funds from operations. State General Funds ($490,560) ($490,560) ($490,560) ($490,560) 155.10 Reduce funds from travel. State General Funds ($49,728) ($49,728) ($49,728) ($49,728) 155.11 Reduce funds by eliminating 124 Commission-issued cell phones for fire control personnel. State General Funds ($67,200) ($67,200) ($67,200) ($67,200) 155.12 Reduce funds designated for vehicle purchases. FRIDAY, APRIL 3, 2009 4899 State General Funds ($249,413) ($249,413) ($249,413) ($249,413) 155.13 Reduce funds for firefighting equipment. State General Funds ($575,000) ($500,000) ($500,000) ($500,000) 155.14 Reduce funds and replace with increased fees charged to landowners, rural fire departments, and other groups. State General Funds ($420,840) ($420,840) ($420,840) ($420,840) 155.15 Reduce funds by eliminating one vacant administrative assistant position. State General Funds ($38,480) ($38,480) ($38,480) ($38,480) 155.16 Reduce funds by eliminating four temporary mitigation clerks. State General Funds ($38,801) ($38,801) ($38,801) ($38,801) 155.17 Reduce funds received in HB990 (FY09G) for an aviation maintenance position. State General Funds ($81,768) ($81,768) ($81,768) ($81,768) 155.18 Reduce funds and consolidate four County Fire Control Units. State General Funds ($29,600) ($29,600) ($29,600) ($29,600) 155.19 Reduce funds by hiring all fire ranger positions on a temporary basis for three months. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 155.20 Reduce funds from contracts. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 155.21 Reduce funds to reflect the revised revenue estimate. State General Funds ($265,733) ($265,733) $0 ($100,000) 155.22 Reduce funds received in HB990 (FY09G) for one helicopter pilot position. State General Funds ($24,238) ($24,238) 155.99 CC: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger. Senate: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in 4900 JOURNAL OF THE SENATE the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger. State General Funds $0 $0 155.100-Forest Protection Appropriation (HB 119) The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger. TOTAL STATE FUNDS $26,146,990 $26,337,094 $27,310,731 $27,210,731 State General Funds $26,146,990 $26,337,094 $27,310,731 $27,210,731 TOTAL FEDERAL FUNDS $1,964,173 $1,964,173 $1,964,173 $1,964,173 Federal Funds Not Itemized $1,964,173 $1,964,173 $1,964,173 $1,964,173 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 $31,595,274 $31,785,378 $32,759,015 $32,659,015 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services $123,287 $123,287 $20,000 $20,000 $74,580 $74,580 $123,287 $123,287 $20,000 $20,000 $74,580 $74,580 $123,287 $123,287 $20,000 $20,000 $74,580 $74,580 $123,287 $123,287 $20,000 $20,000 $74,580 $74,580 FRIDAY, APRIL 3, 2009 4901 Sales and Services Not Itemized TOTAL PUBLIC FUNDS 156.1 Defer the FY09 cost of living adjustment. $74,580 $217,867 $74,580 $217,867 $74,580 $217,867 $74,580 $217,867 State General Funds ($653) ($653) ($653) ($653) 156.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds $0 $0 $0 $0 156.3 Eliminate funds and consolidate activities within the Tree Seedling Nursery program. (S and CC:Transfer all funds and activities to the Tree Seedling Nursery program) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($119,679) $0 ($122,634) ($122,634) ($20,000) ($20,000) ($74,580) ($74,580) ($217,214) ($217,214) 156.100-Tree Improvement Appropriation (HB 119) 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 $2,955 $122,634 State General Funds $2,955 $122,634 TOTAL FEDERAL FUNDS $20,000 $20,000 Federal Funds Not Itemized $20,000 $20,000 TOTAL AGENCY FUNDS $74,580 $74,580 Sales and Services $74,580 $74,580 Sales and Services Not Itemized $74,580 $74,580 TOTAL PUBLIC FUNDS $97,535 $217,214 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 4902 JOURNAL OF THE SENATE Georgia landowners. TOTAL STATE FUNDS ($178,593) ($178,593) ($178,593) ($178,593) State General Funds ($178,593) ($178,593) ($178,593) ($178,593) 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 $1,351,500 $1,351,500 $1,351,500 $1,351,500 Sales and Services $1,351,500 $1,351,500 $1,351,500 $1,351,500 Sales and Services Not Itemized $1,351,500 $1,351,500 $1,351,500 $1,351,500 TOTAL PUBLIC FUNDS $1,242,907 $1,242,907 $1,242,907 $1,242,907 157.1 Restore funds to correct the negative balance and to support the reforestation of Georgia. (S and CC:Transfer all funds and activities from the Tree Improvement program and evaluate the cost-effectiveness and long-term viability of the Tree Seedling Nursery program) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $178,593 $178,593 $13,080 $81,500 $273,173 $178,593 $13,080 $81,500 $273,173 157.100-Tree Seedling Nursery Appropriation (HB 119) 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) State General Funds ($178,593) TOTAL FEDERAL FUNDS $70,000 $70,000 $83,080 $83,080 Federal Funds Not Itemized $70,000 $70,000 $83,080 $83,080 TOTAL AGENCY FUNDS $1,351,500 $1,351,500 $1,433,000 $1,433,000 Sales and Services $1,351,500 $1,351,500 $1,433,000 $1,433,000 Sales and Services Not Itemized $1,351,500 $1,351,500 $1,433,000 $1,433,000 TOTAL PUBLIC FUNDS $1,242,907 $1,421,500 $1,516,080 $1,516,080 Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds Section Total - Continuation $57,642,768 $57,642,768 $57,642,768 $57,642,768 $57,642,768 $57,642,768 $57,642,768 $57,642,768 FRIDAY, APRIL 3, 2009 4903 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families 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 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210 $43,764,158 $43,514,158 $250,000 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families 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 Section Total - Final $49,624,954 $48,692,367 $49,624,954 $48,692,367 $43,764,158 $43,764,158 $43,514,158 $43,514,158 $250,000 $250,000 $2,343,959 $2,343,959 $10,000 $10,000 $500,000 $500,000 $100,000 $100,000 $983,306 $983,306 $561,056 $561,056 $189,597 $189,597 $147,325 $147,325 $147,325 $147,325 $95,880,396 $94,947,809 $50,711,076 $50,711,076 $44,755,838 $43,514,158 $1,241,680 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $97,958,198 $48,985,692 $48,985,692 $44,755,838 $43,514,158 $1,241,680 $2,343,959 $10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,232,814 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. 4904 JOURNAL OF THE SENATE 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 158.1 Defer the FY09 cost of living adjustment. $4,448,905 $4,448,905 $659,400 $659,400 $10,000 $10,000 $10,000 $5,118,305 $4,448,905 $4,448,905 $659,400 $659,400 $10,000 $10,000 $10,000 $5,118,305 $4,448,905 $4,448,905 $659,400 $659,400 $10,000 $10,000 $10,000 $5,118,305 $4,448,905 $4,448,905 $659,400 $659,400 $10,000 $10,000 $10,000 $5,118,305 State General Funds ($4,286) ($4,286) ($4,286) ($4,286) 158.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($13,494) ($11,660) $0 $0 158.3 Reduce funds from grants and benefits to non-profit arts and cultural organizations. (S and CC:Reduce funds from grants and utilize funds from the American Recovery and Reinvestment Act of 2009) State General Funds ($588,978) ($688,978) ($1,638,460) ($1,638,460) 158.4 Reduce funds from operations. State General Funds ($25,731) ($25,731) ($69,366) ($25,731) 158.5 Reduce funds from personnel. State General Funds ($8,125) ($8,125) ($8,125) ($8,125) 158.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($38,126) ($38,126) ($38,126) ($38,126) 158.7 Transfer funds for the Georgia Humanities Council to the Department of Economic Development. State General Funds ($139,050) 158.99 CC: The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the Georgia State Art Collection and Capital Galleries. FRIDAY, APRIL 3, 2009 4905 Senate: The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the Georgia State Art Collection and Capital Galleries. State General Funds $0 $0 158.100-Arts, Georgia Council for the Appropriation (HB 119) The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the Georgia State Art Collection and Capital Galleries. TOTAL STATE FUNDS $3,770,165 $3,671,999 $2,690,542 $2,595,127 State General Funds $3,770,165 $3,671,999 $2,690,542 $2,595,127 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 $659,400 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 $4,439,565 $4,341,399 $3,359,942 $3,264,527 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 159.1 Defer the FY09 cost of living adjustment. $1,199,011 $1,199,011 $179,558 $179,558 $25 $25 $25 $1,378,594 $1,199,011 $1,199,011 $179,558 $179,558 $25 $25 $25 $1,378,594 $1,199,011 $1,199,011 $179,558 $179,558 $25 $25 $25 $1,378,594 $1,199,011 $1,199,011 $179,558 $179,558 $25 $25 $25 $1,378,594 State General Funds ($7,959) ($7,959) ($7,959) ($7,959) 159.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 4906 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($32,205) ($27,830) $0 $0 159.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,013 $3,013 $3,013 $3,013 159.4 Reduce one-time funds received in HB990 (FY09G) for a statewide needs assessment of child-welfare resources and services. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) 159.5 Reduce one-time funds received in HB990 (FY09G) to supplement the existing file and data management system with the webbased version of the FORTIS computer program. State General Funds ($13,500) ($13,500) ($13,500) ($13,500) 159.6 Reduce funds by eliminating one vacant executive secretary position. State General Funds ($50,706) ($50,706) ($50,706) ($50,706) 159.7 Reduce funds from operations. State General Funds ($9,902) ($9,902) ($9,902) ($9,902) 159.8 Reduce funds from contracts. State General Funds ($50,975) ($50,975) ($50,975) ($50,975) 159.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,815) ($9,815) ($9,815) ($9,815) 159.100-Child Advocate, Office of the Appropriation (HB 119) 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 $956,962 $961,337 $989,167 $989,167 State General Funds $956,962 $961,337 $989,167 $989,167 TOTAL FEDERAL FUNDS $179,558 $179,558 $179,558 $179,558 Federal Funds Not Itemized $179,558 $179,558 $179,558 $179,558 TOTAL AGENCY FUNDS $25 $25 $25 $25 Sales and Services $25 $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 $25 FRIDAY, APRIL 3, 2009 4907 TOTAL PUBLIC FUNDS $1,136,545 $1,140,920 $1,168,750 $1,168,750 Children and Families, Governor's Office for Continuation Budget 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 PUBLIC FUNDS 160.1 Defer the FY09 cost of living adjustment. $9,488,781 $9,488,781 $7,206,237 $6,956,237 $250,000 $250,000 $16,695,018 $9,488,781 $9,488,781 $7,206,237 $6,956,237 $250,000 $250,000 $16,695,018 $9,488,781 $9,488,781 $7,206,237 $6,956,237 $250,000 $250,000 $16,695,018 $9,488,781 $9,488,781 $7,206,237 $6,956,237 $250,000 $250,000 $16,695,018 State General Funds ($13,114) ($13,114) ($13,114) ($13,114) 160.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($9,261) ($8,003) $0 $0 160.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $23,158 $23,158 $23,158 $23,158 160.4 Eliminate one-time funds received in HB990 (FY09G) for KidsNet. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 160.5 Reduce funds from grants based on utilization and grantee non-performance of standards. State General Funds ($1,014,756) ($1,014,756) ($1,014,756) ($1,014,756) 160.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($74,641) ($74,641) ($74,641) ($74,641) 160.7 Transfer funds from the Child Welfare Services and Infant and Child Health Promotion programs in the Department of Human Resources for the Regional Assessment Center and services for victims of child prostitution and trafficking. 4908 JOURNAL OF THE SENATE State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $140,000 $991,680 $1,131,680 $140,000 $991,680 $1,131,680 160.8 Transfer funds from the Department of Juvenile Justice for Angela's House for victims of child prostitution and trafficking. State General Funds $128,125 160.99 CC: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Senate: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. House: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Gov Rev: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. State General Funds $0 $0 $0 $0 160.100-Children and Families, Governor's Office for Appropriation (HB 119) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $7,400,167 $7,401,425 $7,549,428 $7,677,553 State General Funds $7,400,167 $7,401,425 $7,549,428 $7,677,553 TOTAL FEDERAL FUNDS $7,206,237 $7,206,237 $8,197,917 $8,197,917 Federal Funds Not Itemized $6,956,237 $6,956,237 $6,956,237 $6,956,237 Temporary Assistance for Needy Families $250,000 $250,000 $1,241,680 $1,241,680 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $1,241,680 $1,241,680 TOTAL PUBLIC FUNDS $14,606,404 $14,607,662 $15,747,345 $15,875,470 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 Rebates, Refunds, and Reimbursements $8,581,217 $8,581,217 $1,572,903 $983,306 $8,581,217 $8,581,217 $1,572,903 $983,306 $8,581,217 $8,581,217 $1,572,903 $983,306 $8,581,217 $8,581,217 $1,572,903 $983,306 FRIDAY, APRIL 3, 2009 4909 Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS 161.1 Defer the FY09 cost of living adjustment. $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120 State General Funds ($70,766) ($70,766) ($70,766) ($70,766) 161.2 Defer structure adjustments to the statewide salary plan. State General Funds ($488) ($488) ($488) ($488) 161.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($223,660) ($193,274) $0 $0 161.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $98,918 $98,918 $98,918 $98,918 161.5 Reduce funds received in HB990 (FY09G) and defer filling seven positions to staff the "1-800-Georgia" call center. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 161.6 Eliminate funds for the Consumers' Utility Counsel and four positions. State General Funds ($386,753) ($386,753) ($386,753) ($386,753) 161.7 Reduce funds from contracts for customer service and workplace satisfaction surveys. State General Funds ($335,342) ($335,342) ($335,342) ($335,342) 161.8 Reduce funds from operations. State General Funds ($13,667) ($13,667) ($13,667) ($13,667) 161.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($74,041) ($74,041) ($74,041) ($74,041) 4910 JOURNAL OF THE SENATE 161.10 Transfer funds for the Consumer Services Division from the Department of Insurance. State General Funds $1,674,094 $0 161.100-Consumer Affairs, Governor's Office of Appropriation (HB 119) 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 $7,275,418 $7,305,804 $9,173,172 $7,499,078 State General Funds $7,275,418 $7,305,804 $9,173,172 $7,499,078 TOTAL AGENCY FUNDS $1,572,903 $1,572,903 $1,572,903 $1,572,903 Rebates, Refunds, and Reimbursements $983,306 $983,306 $983,306 $983,306 Rebates, Refunds, and Reimbursements Not Itemized $983,306 $983,306 $983,306 $983,306 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 $189,597 $189,597 $189,597 $189,597 Sanctions, Fines, and Penalties Not Itemized $189,597 $189,597 $189,597 $189,597 TOTAL PUBLIC FUNDS $8,848,321 $8,878,707 $10,746,075 $9,071,981 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 $2,406,048 $2,406,048 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086 $2,406,048 $2,406,048 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086 $2,406,048 $2,406,048 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086 $2,406,048 $2,406,048 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086 FRIDAY, APRIL 3, 2009 4911 162.1 Defer the FY09 cost of living adjustment. State General Funds ($17,803) ($17,803) ($17,803) ($17,803) 162.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($66,111) ($57,129) $0 $0 162.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $256,156 $256,156 $256,156 $256,156 162.4 Reduce funds designated for the Director's salary that is now fully funded by the Office of Homeland Security. State General Funds ($173,541) ($173,541) ($173,541) ($173,541) 162.5 Reduce funds by eliminating one administrative position in the Operations Division. State General Funds ($48,234) ($48,234) ($48,234) ($48,234) 162.6 Reduce funds from operations. State General Funds ($32,000) ($32,000) ($32,000) ($32,000) 162.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($23,648) ($23,648) ($23,648) ($23,648) 162.99 CC: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events. Senate: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events. State General Funds $0 $0 162.100-Emergency Management Agency, Georgia Appropriation (HB 119) The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating 4912 JOURNAL OF THE SENATE federal, state, and other resources and supporting local governments to respond to major disasters and emergency events. TOTAL STATE FUNDS $2,300,867 $2,309,849 $2,366,978 $2,366,978 State General Funds $2,300,867 $2,309,849 $2,366,978 $2,366,978 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 $29,703,182 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 $32,811,905 $32,820,887 $32,878,016 $32,878,016 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 $712,490 $712,490 $407,000 $407,000 $1,119,490 $712,490 $712,490 $407,000 $407,000 $1,119,490 $712,490 $712,490 $407,000 $407,000 $1,119,490 $712,490 $712,490 $407,000 $407,000 $1,119,490 163.1 Defer the FY09 cost of living adjustment. State General Funds ($6,599) ($6,599) ($6,599) ($6,599) 163.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($21,375) ($18,471) $0 $0 FRIDAY, APRIL 3, 2009 4913 163.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,639 $3,639 $3,639 $3,639 163.4 Reduce funds and defer filling one intake coordinator position in the Equal Employment Division. State General Funds ($45,717) ($45,717) ($45,717) ($45,717) 163.5 Reduce funds from operations. State General Funds ($59,529) ($59,529) ($59,529) ($59,529) 163.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,814) ($5,814) ($5,814) ($5,814) 163.99 CC: 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 to discriminate against any individual. Senate: 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 to discriminate against any individual. State General Funds $0 $0 163.100-Equal Opportunity, Georgia Commission on Appropriation (HB 119) 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 to discriminate against any individual. TOTAL STATE FUNDS $577,095 $579,999 $598,470 $598,470 State General Funds $577,095 $579,999 $598,470 $598,470 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $984,095 $986,999 $1,005,470 $1,005,470 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 State General Funds TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 $3,469,576 4914 JOURNAL OF THE SENATE 164.100-Governor's Emergency Fund Appropriation (HB 119) 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 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 165.1 Defer the FY09 cost of living adjustment. $7,997,298 $7,997,298 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,294,149 $7,997,298 $7,997,298 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,294,149 $7,997,298 $7,997,298 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,294,149 $7,997,298 $7,997,298 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,294,149 State General Funds ($52,950) ($52,950) ($52,950) ($52,950) 165.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($167,286) ($144,559) $0 $0 165.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $94,425 $94,425 $94,425 $94,425 165.4 Reduce funds from operations. FRIDAY, APRIL 3, 2009 4915 State General Funds ($635,550) 165.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($66,032) 165.6 Reduce funds received in HB95 (FY08G) for the Governor's Litigation Fund. State General Funds ($735,550) ($66,032) ($650,000) ($635,550) ($66,032) ($650,000) ($635,550) ($66,032) ($650,000) 165.100-Governor's Office Appropriation (HB 119) 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 $7,169,905 $6,442,632 $6,687,191 $6,687,191 State General Funds $7,169,905 $6,442,632 $6,687,191 $6,687,191 TOTAL FEDERAL FUNDS $5,196,851 $5,196,851 $5,196,851 $5,196,851 Federal Funds Not Itemized $5,196,851 $5,196,851 $5,196,851 $5,196,851 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 $12,466,756 $11,739,483 $11,984,042 $11,984,042 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 166.1 Defer the FY09 cost of living adjustment. $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 $527,932 State General Funds ($6,213) ($6,213) ($6,213) ($6,213) 166.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the 4916 JOURNAL OF THE SENATE cost of the plan) State General Funds ($13,999) ($12,097) $0 $0 166.3 Reduce funds and defer filling one secretary position. State General Funds ($71,121) ($71,121) ($71,121) ($71,121) 166.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,379) ($4,379) ($4,379) ($4,379) 166.99 CC: The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security. Senate: The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security. State General Funds $0 $0 166.100-Office of Homeland Security Appropriation (HB 119) The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security. TOTAL STATE FUNDS $432,220 $434,122 $446,219 $446,219 State General Funds $432,220 $434,122 $446,219 $446,219 TOTAL PUBLIC FUNDS $432,220 $434,122 $446,219 $446,219 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 167.1 Defer the FY09 cost of living adjustment. $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 $829,079 State General Funds ($7,391) ($7,391) ($7,391) ($7,391) 167.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits FRIDAY, APRIL 3, 2009 4917 (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($25,126) ($21,712) $0 $0 167.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,916 $1,916 $1,916 $1,916 167.4 Reduce funds from investigations. State General Funds ($95,650) ($95,650) ($95,650) ($95,650) 167.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,109) ($7,109) ($7,109) ($7,109) 167.99 CC: The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse. Senate: The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse. State General Funds $0 $0 167.100-Office of the State Inspector General Appropriation (HB 119) 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 $695,719 $699,133 $720,845 $720,845 State General Funds $695,719 $699,133 $720,845 $720,845 TOTAL PUBLIC FUNDS $695,719 $699,133 $720,845 $720,845 Planning and Budget, Governor's Office of Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 168.1 Defer the FY09 cost of living adjustment. $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 $9,584,234 State General Funds ($81,224) ($81,224) ($81,224) ($81,224) 4918 JOURNAL OF THE SENATE 168.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($240,793) ($208,079) $0 $0 168.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($178,124) ($178,124) ($178,124) ($178,124) 168.4 Reduce funds from operations. State General Funds ($849,629) ($949,629) ($849,629) ($849,629) 168.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($82,683) ($82,683) ($82,683) ($82,683) 168.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($2,243) ($2,243) ($2,243) 168.7 Reduce funds from the Commission on Hispanic Affairs. State General Funds ($20,000) ($20,000) ($20,000) 168.8 Reduce funds from the Commission on Asian Affairs. State General Funds ($20,000) ($20,000) ($20,000) 168.9 Reduce funds from the Military Coordinating Council contract. State General Funds ($84,000) $0 ($84,000) 168.100-Planning and Budget, Governor's Office of Appropriation (HB 119) 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 $8,151,781 $7,958,252 $8,350,331 $8,266,331 State General Funds $8,151,781 $7,958,252 $8,350,331 $8,266,331 TOTAL PUBLIC FUNDS $8,151,781 $7,958,252 $8,350,331 $8,266,331 FRIDAY, APRIL 3, 2009 4919 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 169.1 Defer the FY09 cost of living adjustment. $7,123,741 $7,123,741 $411,930 $411,930 $500 $500 $500 $7,536,171 $7,123,741 $7,123,741 $411,930 $411,930 $500 $500 $500 $7,536,171 $7,123,741 $7,123,741 $411,930 $411,930 $500 $500 $500 $7,536,171 $7,123,741 $7,123,741 $411,930 $411,930 $500 $500 $500 $7,536,171 State General Funds ($65,065) ($65,065) ($65,065) ($65,065) 169.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($205,175) ($177,301) $0 $0 169.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $37,115 $37,115 $37,115 $37,115 169.4 Reduce funds from personnel. State General Funds ($14,571) ($14,571) ($14,571) ($14,571) 169.5 Reduce funds from information technology. State General Funds ($6,740) ($6,740) ($6,740) ($6,740) 169.6 Eliminate funds for the Georgia Teacher Alternative Preparation Program (TAPP) grants. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 169.7 Eliminate funds for National Board Certified Teacher (NBCT) reimbursements offered to teachers who successfully achieve national certification the first time they apply. 4920 JOURNAL OF THE SENATE State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 169.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($64,744) ($64,744) ($64,744) ($64,744) 169.99 CC: The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. Senate: The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. State General Funds $0 $0 169.100-Professional Standards Commission, Georgia Appropriation (HB 119) The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. TOTAL STATE FUNDS $6,368,561 $6,396,435 $6,573,736 $6,573,736 State General Funds $6,368,561 $6,396,435 $6,573,736 $6,573,736 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 $6,780,991 $6,808,865 $6,986,166 $6,986,166 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 170.1 Defer the FY09 cost of living adjustment. $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 $1,274,456 State General Funds ($11,381) ($11,381) ($11,381) ($11,381) 170.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits FRIDAY, APRIL 3, 2009 4921 (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($38,903) ($33,617) $0 $0 170.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($6,096) ($6,096) ($6,096) ($6,096) 170.4 Reduce funds from personnel. State General Funds ($123,289) ($123,289) ($123,289) ($123,289) 170.5 Reduce funds from contracts. State General Funds ($38,269) ($38,269) ($38,269) ($38,269) 170.99 CC: The purpose of this appropriation is to support educational accountability, evaluation, and reporting efforts, establishment of standards on state assessments, the preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts. Senate: The purpose of this appropriation is to support P-16 accountability, evaluation, and reporting efforts, including: the establishment of standards on state assessments, development and evaluation of IE2 Partnership contracts, the execution of academic program audits, the preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts. State General Funds $0 $0 170.100-Student Achievement, Office of Appropriation (HB 119) The purpose of this appropriation is to support educational accountability, evaluation, and reporting efforts, establishment of standards on state assessments, the preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts. TOTAL STATE FUNDS $1,056,518 $1,061,804 $1,095,421 $1,095,421 State General Funds $1,056,518 $1,061,804 $1,095,421 $1,095,421 TOTAL PUBLIC FUNDS $1,056,518 $1,061,804 $1,095,421 $1,095,421 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. 4922 JOURNAL OF THE SENATE Section 27: Human Services, Department of 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 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 Section Total - Continuation $679,949,900 $673,626,299 $6,323,601 $1,077,064,504 $94,646,847 $66,288,749 $17,409,184 $288,302,542 $87,743,900 $24,912,301 $98,172,714 $231,540 $24,377,698 $295,013,020 $79,966,009 $76,776,724 $28,986,320 $12,770,884 $7,766,945 $2,915 $2,729,126 $24,520,534 $415,760 $395,760 $20,000 $1,834,206,888 $679,949,900 $673,626,299 $6,323,601 $1,077,064,504 $94,646,847 $66,288,749 $17,409,184 $288,302,542 $87,743,900 $24,912,301 $98,172,714 $231,540 $24,377,698 $295,013,020 $79,966,009 $76,776,724 $28,986,320 $12,770,884 $7,766,945 $2,915 $2,729,126 $24,520,534 $415,760 $395,760 $20,000 $1,834,206,888 $679,949,900 $673,626,299 $6,323,601 $1,077,064,504 $94,646,847 $66,288,749 $17,409,184 $288,302,542 $87,743,900 $24,912,301 $98,172,714 $231,540 $24,377,698 $295,013,020 $79,966,009 $76,776,724 $28,986,320 $12,770,884 $7,766,945 $2,915 $2,729,126 $24,520,534 $415,760 $395,760 $20,000 $1,834,206,888 $679,949,900 $673,626,299 $6,323,601 $1,077,064,504 $94,646,847 $66,288,749 $17,409,184 $288,302,542 $87,743,900 $24,912,301 $98,172,714 $231,540 $24,377,698 $295,013,020 $79,966,009 $76,776,724 $28,986,320 $12,770,884 $7,766,945 $2,915 $2,729,126 $24,520,534 $415,760 $395,760 $20,000 $1,834,206,888 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Section Total - Final $526,364,005 $525,860,041 $520,040,404 $519,536,440 $6,323,601 $6,323,601 $523,902,908 $517,579,307 $6,323,601 $515,784,857 $509,461,256 $6,323,601 FRIDAY, APRIL 3, 2009 4923 TOTAL FEDERAL FUNDS $1,062,714,944 CCDF Mandatory & Matching Funds CFDA93.596 $94,361,006 Child Care & Development Block Grant CFDA93.575 $66,215,997 Community Services Block Grant CFDA93.569 $17,397,861 Federal Funds Not Itemized $269,266,202 Foster Care Title IV-E CFDA93.658 $86,793,400 Low-Income Home Energy Assistance CFDA93.568 $24,906,536 Medical Assistance Program CFDA93.778 $105,251,353 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 Social Services Block Grant CFDA93.667 $24,358,024 Temporary Assistance for Needy Families $336,615,559 TANF Unobligated Balance per 42 USC 604 $37,348,536 TOTAL AGENCY FUNDS $75,639,347 Contributions, Donations, and Forfeitures $28,986,320 Reserved Fund Balances $12,770,884 Intergovernmental Transfers $7,766,945 Royalties and Rents $2,729,126 Sales and Services $23,386,072 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $415,760 State Funds Transfers $395,760 Federal Funds Transfers $20,000 TOTAL PUBLIC FUNDS $1,665,134,056 $1,108,540,249 $94,361,006 $93,215,997 $17,397,861 $287,411,202 $100,679,167 $24,906,536 $105,545,891 $200,470 $24,358,024 $323,115,559 $37,348,536 $76,989,574 $28,986,320 $12,770,884 $9,117,172 $2,729,126 $23,386,072 $415,760 $395,760 $20,000 $1,711,805,624 $1,108,204,333 $94,361,006 $102,215,997 $17,397,861 $285,914,359 $87,079,167 $24,906,536 $104,573,290 $200,470 $24,358,024 $329,849,087 $37,348,536 $75,639,347 $28,986,320 $12,770,884 $7,766,945 $2,729,126 $23,386,072 $415,760 $395,760 $20,000 $1,708,162,348 $1,108,259,871 $94,361,006 $102,215,997 $17,397,861 $285,969,897 $87,079,167 $24,906,536 $104,573,290 $200,470 $24,358,024 $329,849,087 $37,348,536 $75,639,347 $28,986,320 $12,770,884 $7,766,945 $2,729,126 $23,386,072 $415,760 $395,760 $20,000 $1,700,099,835 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 Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 $35,568,642 $35,568,642 $50,211,517 $38,000,452 $211,065 $12,000,000 $12,000,000 $35,568,642 $35,568,642 $50,211,517 $38,000,452 $211,065 $12,000,000 $12,000,000 $35,568,642 $35,568,642 $50,211,517 $38,000,452 $211,065 $12,000,000 $12,000,000 $35,568,642 $35,568,642 $50,211,517 $38,000,452 $211,065 $12,000,000 $12,000,000 4924 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 172.1 Defer the FY09 cost of living adjustment. $45,000 $45,000 $45,000 $85,825,159 $45,000 $45,000 $45,000 $85,825,159 $45,000 $45,000 $45,000 $85,825,159 $45,000 $45,000 $45,000 $85,825,159 State General Funds ($23,332) ($23,332) ($23,332) ($23,332) 172.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($83,825) ($75,598) $0 $0 172.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,126 $2,126 $2,126 $2,126 172.4 Transfer funds from the Child Welfare Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,910,000 $2,341,417 $4,251,417 $1,910,000 $2,341,417 $4,251,417 $1,910,000 $2,341,417 $4,251,417 $1,910,000 $2,341,417 $4,251,417 172.5 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS ($3,140,444) $3,140,444 $0 ($3,140,444) $3,140,444 $0 ($3,140,444) $3,140,444 $0 ($3,140,444) $3,140,444 $0 172.6 Reduce funds from summer camps. State General Funds ($1,000,000) ($1,000,000) 172.100-Adoption Services Appropriation (HB 119) The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and FRIDAY, APRIL 3, 2009 4925 providing support and financial services after adoption. TOTAL STATE FUNDS $34,233,167 State General Funds $34,233,167 TOTAL FEDERAL FUNDS $55,693,378 Federal Funds Not Itemized $40,341,869 Foster Care Title IV-E CFDA93.658 $3,351,509 Temporary Assistance for Needy Families $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 TOTAL AGENCY FUNDS $45,000 Contributions, Donations, and Forfeitures $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 TOTAL PUBLIC FUNDS $89,971,545 $34,241,394 $34,241,394 $55,693,378 $40,341,869 $3,351,509 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $89,979,772 $33,316,992 $33,316,992 $55,693,378 $40,341,869 $3,351,509 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $89,055,370 $33,316,992 $33,316,992 $55,693,378 $40,341,869 $3,351,509 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $89,055,370 After School Care Continuation Budget The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 TOTAL PUBLIC FUNDS $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 179.100-After School Care Appropriation (HB 119) 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 $28,000,000 $28,000,000 4926 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources TOTAL PUBLIC FUNDS $28,000,000 $28,000,000 $42,000,000 $28,000,000 $28,000,000 $42,000,000 $28,000,000 $28,000,000 $42,000,000 $28,000,000 $28,000,000 $42,000,000 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 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 184.1 Defer the FY09 cost of living adjustment. $58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143 $90 $2,500,000 $2,500,000 $2,500,000 $226,676,511 $58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143 $90 $2,500,000 $2,500,000 $2,500,000 $226,676,511 $58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143 $90 $2,500,000 $2,500,000 $2,500,000 $226,676,511 $58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143 $90 $2,500,000 $2,500,000 $2,500,000 $226,676,511 State General Funds ($75,325) ($75,325) ($75,325) ($75,325) 184.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($270,627) ($244,066) $0 $0 184.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $504 $504 $504 $504 184.4 Replace funds. State General Funds ($4,241,107) ($4,241,107) ($4,241,107) ($4,241,107) FRIDAY, APRIL 3, 2009 4927 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($7,874,332) $12,115,439 $0 ($7,874,332) $12,115,439 $0 ($7,874,332) $12,115,439 $0 ($7,874,332) $12,115,439 $0 184.5 Recognize funds from the American Recovery and Reinvestment Act of 2009 for time limited child care and families on the statewide waiting list. (CC:Recognize funds from the American Recovery and Reinvestment Act of 2009 for the Childcare and Parent Services (CAPS) program waiting list and their child care needs) Child Care & Development Block Grant CFDA93.575 $27,000,000 $36,000,000 $36,000,000 184.6 Transfer funds for Family and Children's Services programs and restore to Mental Health, Developmental Disabilities, Addictive Diseases and Public Health programs. (S and CC:Transfer to the Out of Home Care program) Temporary Assistance for Needy Families Grant CFDA93.558 ($3,500,000) ($12,115,439) ($12,115,439) 184.7 Transfer funds from the Support for Needy Families-Basic Assistance program to fund child care activities. Temporary Assistance for Needy Families Grant CFDA93.558 $600,000 184.100-Child Care Services Appropriation (HB 119) 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 $53,991,404 $54,017,965 $54,262,031 $54,262,031 State General Funds $53,991,404 $54,017,965 $54,262,031 $54,262,031 TOTAL FEDERAL FUNDS $169,839,659 $193,339,659 $193,724,220 $194,324,220 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 $64,619,903 $91,619,903 $100,619,903 $100,619,903 Federal Funds Not Itemized $2,405,811 $2,405,811 $2,405,811 $2,405,811 Social Services Block Grant CFDA93.667 $90 $90 $90 $90 Temporary Assistance for Needy Families $12,115,439 $8,615,439 $600,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,115,439 $8,615,439 $600,000 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 $226,331,063 $249,857,624 $250,486,251 $251,086,251 Child Support Services Continuation Budget The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. 4928 JOURNAL OF THE SENATE 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 185.1 Defer the FY09 cost of living adjustment. $24,963,922 $24,963,922 $66,004,773 $65,884,773 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $94,205,955 $24,963,922 $24,963,922 $66,004,773 $65,884,773 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $94,205,955 $24,963,922 $24,963,922 $66,004,773 $65,884,773 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $94,205,955 $24,963,922 $24,963,922 $66,004,773 $65,884,773 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $94,205,955 State General Funds ($228,796) ($228,796) ($228,796) ($228,796) 185.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($822,019) ($741,341) $0 $0 185.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,359,214 $1,359,214 $1,359,214 $1,359,214 185.4 Reduce funds to realize savings and efficiencies achieved with the transition of the Call Center from United Way. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($300,000) ($582,353) ($882,353) ($300,000) ($582,353) ($882,353) ($300,000) ($582,353) ($882,353) ($300,000) ($582,353) ($882,353) 185.5 Reduce funds from District Attorney (DA) contracts and eliminate one DA legal services contract. State General Funds Federal Funds Not Itemized ($272,000) ($330,000) ($272,000) ($330,000) ($272,000) ($330,000) ($272,000) ($330,000) FRIDAY, APRIL 3, 2009 4929 TOTAL PUBLIC FUNDS ($602,000) ($602,000) ($602,000) ($602,000) 185.6 Reduce funds by eliminating thirty-four vacant positions. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($504,235) ($978,809) ($1,483,044) ($504,235) ($978,809) ($1,483,044) ($504,235) ($978,809) ($1,483,044) ($504,235) ($978,809) ($1,483,044) 185.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($244,202) ($244,202) ($244,202) ($244,202) 185.8 Reduce funds in expectation of increased federal funds through the American Recovery and Reinvestment Act of 2009. State General Funds ($500,000) $0 ($500,000) 185.9 Recognize funds from the American Recovery and Reinvestment Act of 2009 for increasing current support paid to families. Federal Funds Not Itemized $14,000,000 $14,000,000 $14,000,000 185.100-Child Support Services Appropriation (HB 119) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $23,951,884 $23,532,562 $24,773,903 $24,273,903 State General Funds $23,951,884 $23,532,562 $24,773,903 $24,273,903 TOTAL FEDERAL FUNDS $64,113,611 $78,113,611 $78,113,611 $78,113,611 Federal Funds Not Itemized $63,993,611 $77,993,611 $77,993,611 $77,993,611 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 INTRA-STATE GOVERNMENT TRANSFERS $395,760 $395,760 $395,760 $395,760 State Funds Transfers $395,760 $395,760 $395,760 $395,760 Agency to Agency Contracts $395,760 $395,760 $395,760 $395,760 TOTAL PUBLIC FUNDS $91,302,755 $104,883,433 $106,124,774 $105,624,774 Child Welfare Services Continuation Budget 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 $117,613,541 $117,613,541 $117,613,541 $117,613,541 4930 JOURNAL OF THE SENATE State General Funds $117,613,541 TOTAL FEDERAL FUNDS $179,607,884 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 Community Services Block Grant CFDA93.569 $4,000 Federal Funds Not Itemized $23,847,912 Foster Care Title IV-E CFDA93.658 $32,278,994 Medical Assistance Program CFDA93.778 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 Temporary Assistance for Needy Families $103,063,725 Temporary Assistance for Needy Families Grant CFDA93.558 $77,263,725 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 TOTAL AGENCY FUNDS $26,438,482 Reserved Fund Balances $12,770,884 Reserved Fund Balances Not Itemized $12,770,884 Sales and Services $13,667,598 Sales and Services Not Itemized $13,667,598 TOTAL PUBLIC FUNDS $323,659,907 186.1 Defer the FY09 cost of living adjustment. $117,613,541 $179,607,884 $817,637 $4,000 $23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907 $117,613,541 $179,607,884 $817,637 $4,000 $23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907 $117,613,541 $179,607,884 $817,637 $4,000 $23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907 State General Funds ($594,912) ($594,912) ($594,912) ($594,912) 186.2 Defer structure adjustments to the statewide salary plan. State General Funds ($43,037) ($43,037) ($43,037) ($43,037) 186.3 Defer salary adjustments for critical jobs. State General Funds ($2,169,459) ($2,169,459) ($2,169,459) ($2,169,459) 186.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,137,394) ($1,927,618) $0 $0 186.5 Reduce funds and child protective caseworkers through attrition and maintain a 15:1 caseload ratio. FRIDAY, APRIL 3, 2009 4931 State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($9,494,520) ($78,118) ($506,813) ($3,261,906) ($1,363,272) ($8,910,118) ($23,614,747) ($12,759,000) ($78,118) ($506,813) ($3,261,906) ($1,363,272) ($8,910,118) ($26,879,227) ($9,494,520) ($78,118) ($506,813) ($3,261,906) ($1,363,272) ($8,910,118) ($23,614,747) ($11,126,760) ($78,118) ($506,813) ($3,261,906) ($1,363,272) ($8,910,118) ($25,246,987) 186.6 Reduce funds from non-critical contracts by 1%. State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($200,000) ($1,350) ($8,756) ($56,352) ($23,552) ($136,456) ($426,466) ($200,000) ($1,350) ($8,756) ($56,352) ($23,552) ($136,456) ($426,466) ($200,000) ($1,350) ($8,756) ($56,352) ($23,552) ($136,456) ($426,466) ($200,000) ($1,350) ($8,756) ($56,352) ($23,552) ($136,456) ($426,466) 186.7 Reduce and defer funds received in HB990 (FY09G) for a Regional Assessment Center for victims of child prostitution and trafficking. State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($560,000) ($3,779) ($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101) ($560,000) ($3,779) ($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101) ($560,000) ($3,779) ($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101) ($560,000) ($3,779) ($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101) 186.8 Transfer funds to the Adoptions Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($1,910,000) ($2,341,417) ($4,251,417) ($1,910,000) ($2,341,417) ($4,251,417) ($1,910,000) ($2,341,417) ($4,251,417) ($1,910,000) ($2,341,417) ($4,251,417) 186.9 Replace funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds Medical Assistance Program CFDA93.778 ($847,083) $847,083 ($847,083) $847,083 ($847,083) $847,083 ($847,083) $847,083 4932 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $0 $0 $0 $0 186.10 Reduce funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($4,839,159) ($4,839,159) ($4,839,159) ($4,839,159) 186.11 Recognize funds from the American Recovery and Reinvestment Act of 2009 funding for foster care and adoption assistance. Foster Care Title IV-E CFDA93.658 $13,600,000 $0 $0 186.12 Transfer funds for the Regional Assessment Center to the Governor's Office of Children and Families. State General Funds ($140,000) ($140,000) 186.100-Child Welfare Services Appropriation (HB 119) 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 $99,657,136 $96,602,432 $101,654,530 $100,022,290 State General Funds $99,657,136 $96,602,432 $101,654,530 $100,022,290 TOTAL FEDERAL FUNDS $158,293,597 $171,893,597 $158,293,597 $158,293,597 CCDF Mandatory & Matching Funds CFDA93.596 $734,390 $734,390 $734,390 $734,390 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 $4,000 Federal Funds Not Itemized $20,966,410 $20,966,410 $20,966,410 $20,966,410 Foster Care Title IV-E CFDA93.658 $28,802,951 $42,402,951 $28,802,951 $28,802,951 Medical Assistance Program CFDA93.778 $10,725,764 $10,725,764 $10,725,764 $10,725,764 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $88,795,915 $88,795,915 $88,795,915 $88,795,915 Temporary Assistance for Needy Families Grant CFDA93.558 $62,995,915 $62,995,915 $62,995,915 $62,995,915 TANF Transfers to Social Services Block Grant per 42 USC 604$25,800,000 $25,800,000 $25,800,000 $25,800,000 TOTAL AGENCY FUNDS $26,438,482 $26,438,482 $26,438,482 $26,438,482 Reserved Fund Balances $12,770,884 $12,770,884 $12,770,884 $12,770,884 Reserved Fund Balances Not Itemized $12,770,884 $12,770,884 $12,770,884 $12,770,884 Sales and Services $13,667,598 $13,667,598 $13,667,598 $13,667,598 Sales and Services Not Itemized $13,667,598 $13,667,598 $13,667,598 $13,667,598 TOTAL PUBLIC FUNDS $284,389,215 $294,934,511 $286,386,609 $284,754,369 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. FRIDAY, APRIL 3, 2009 4933 TOTAL STATE FUNDS $94,164,941 $94,164,941 State General Funds $94,033,146 $94,033,146 Tobacco Settlement Funds $131,795 $131,795 TOTAL FEDERAL FUNDS $83,049,102 $83,049,102 CCDF Mandatory & Matching Funds CFDA93.596 $3,124,294 $3,124,294 Child Care & Development Block Grant CFDA93.575 $1,668,846 $1,668,846 Community Services Block Grant CFDA93.569 $220,001 $220,001 Federal Funds Not Itemized $32,601,134 $32,601,134 Foster Care Title IV-E CFDA93.658 $8,122,505 $8,122,505 Low-Income Home Energy Assistance CFDA93.568 $284,564 $284,564 Medical Assistance Program CFDA93.778 $11,816,638 $11,816,638 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 Social Services Block Grant CFDA93.667 $9,952,472 $9,952,472 Temporary Assistance for Needy Families $15,227,578 $15,227,578 Temporary Assistance for Needy Families Grant CFDA93.558 $15,227,578 $15,227,578 TOTAL AGENCY FUNDS $8,099,727 $8,099,727 Contributions, Donations, and Forfeitures $18,274 $18,274 Contributions, Donations, and Forfeitures Not Itemized $18,274 $18,274 Rebates, Refunds, and Reimbursements $2,915 $2,915 Rebates, Refunds, and Reimbursements Not Itemized $2,915 $2,915 Royalties and Rents $2,729,126 $2,729,126 Royalties and Rents Not Itemized $2,729,126 $2,729,126 Sales and Services $5,349,412 $5,349,412 Sales and Services Not Itemized $5,349,412 $5,349,412 TOTAL PUBLIC FUNDS $185,313,770 $185,313,770 187.1 Defer the FY09 cost of living adjustment for the Division of Family and Children Services. $94,164,941 $94,033,146 $131,795 $83,049,102 $3,124,294 $1,668,846 $220,001 $32,601,134 $8,122,505 $284,564 $11,816,638 $31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727 $18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770 $94,164,941 $94,033,146 $131,795 $83,049,102 $3,124,294 $1,668,846 $220,001 $32,601,134 $8,122,505 $284,564 $11,816,638 $31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727 $18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770 State General Funds ($484,041) ($484,041) ($484,041) ($484,041) 187.2 Defer the FY09 cost of living adjustment for the Division of Aging. State General Funds ($23,572) ($23,572) ($23,572) ($23,572) 187.3 Defer structure adjustments to the statewide salary plan for the Division of Family and Children Services. State General Funds ($53,782) ($53,782) ($53,782) ($53,782) 187.4 Defer structure adjustments to the statewide salary plan for the Division of Aging. 4934 JOURNAL OF THE SENATE State General Funds ($2,619) ($2,619) ($2,619) ($2,619) 187.5 Reduce funds to reflect the adjustment in the employer share of State Health Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Family and Children Services. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Family and Children Services) State General Funds ($1,751,801) ($1,579,869) $0 $0 187.6 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Aging. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Aging) State General Funds ($85,310) ($76,937) $0 $0 187.7 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Family and Children Services. State General Funds $499,706 $499,706 $499,706 $499,706 187.8 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Aging. State General Funds $3,618 $3,618 $3,618 $3,618 187.9 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration. Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($351) ($1,054,647) ($315,655) ($2,108) ($19,674) ($414,724) ($1,807,159) ($351) ($1,054,647) ($315,655) ($2,108) ($19,674) ($414,724) ($1,807,159) ($351) ($1,054,647) ($315,655) ($2,108) ($19,674) ($414,724) ($1,807,159) ($351) ($1,054,647) ($315,655) ($2,108) ($19,674) ($414,724) ($1,807,159) 187.10 Reduce funds to reflect the indirect cost loss as a result of reductions taken in the Division of Family and Children Services FRIDAY, APRIL 3, 2009 4935 (DFCS). 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 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($143,922) ($72,752) ($10,972) ($116,343) ($187,612) ($3,657) ($34,992) ($700,249) ($1,270,499) ($143,922) ($72,752) ($10,972) ($116,343) ($187,612) ($3,657) ($34,992) ($700,249) ($1,270,499) ($143,922) ($72,752) ($10,972) ($116,343) ($187,612) ($3,657) ($34,992) ($700,249) ($1,270,499) ($143,922) ($72,752) ($10,972) ($116,343) ($187,612) ($3,657) ($34,992) ($700,249) ($1,270,499) 187.11 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration of the Division of Aging. Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($109,259) ($109,259) ($109,259) ($109,259) ($109,259) ($109,259) ($109,259) ($109,259) 187.12 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Information Technology. CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($58,672) ($1,463,052) ($112,605) ($1,634,329) ($58,672) ($1,463,052) ($112,605) ($1,634,329) ($58,672) ($1,463,052) ($112,605) ($1,634,329) ($58,672) ($1,463,052) ($112,605) ($1,634,329) 187.13 Reduce funds by 6% for the Division of Family and Children Services. State General Funds ($1,904,302) ($1,904,302) ($1,904,302) ($1,904,302) 187.14 Reduce funds by 6% for the Division of Aging. State General Funds ($171,930) ($171,930) ($171,930) ($171,930) 187.15 Reduce funds to reflect the revised revenue estimate for the Division of Family and Children Services. State General Funds ($372,592) ($372,592) ($372,592) ($372,592) 187.16 Reduce funds to reflect the revised revenue estimate for the Division of Aging. State General Funds ($17,259) ($17,259) ($17,259) ($17,259) 187.17 Reduce funds for the Division of Family and Children Services Regional Offices. (CC:Reduce funds) State General Funds ($500,000) $0 ($500,000) 187.18 Reduce funds from the Office of Investigative Services and Inspector General. State General Funds ($80,860) $0 ($117,760) 4936 JOURNAL OF THE SENATE 187.19 Reduce merit system assessments from $147 to $137 per position for the Division of Family and Children Services. State General Funds ($45,432) ($45,432) ($45,432) 187.20 Reduce merit system assessments from $147 to $137 per position for the Division of Aging. State General Funds ($2,212) ($2,212) ($2,212) 187.96 Transfer funds and activities related to the administration of Public Health to the newly created Departmental AdministrationPublic Health program. State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752) ($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752) ($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752) ($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752) 187.97 Transfer funds and activities related to the administration of Mental Health, Addictive Diseases, and Developmental Disabilities to the newly created Departmental Administration-Behavioral Health program. State General Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($31,609,268) ($30,363) ($2,634,405) ($2,915) ($34,276,951) ($31,609,268) ($30,363) ($2,634,405) ($2,915) ($34,276,951) ($31,609,268) ($30,363) ($2,634,405) ($2,915) ($34,276,951) ($31,609,268) ($30,363) ($2,634,405) ($2,915) ($34,276,951) 187.98 Transfer funds for additional administrative overhead for the Office of Regulatory Services to the new Planning and Regulatory Services program in the Department of Community Health. State General Funds ($107,129) 187.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $37,886,239 $37,438,040 $39,675,706 $38,950,817 State General Funds $37,754,444 $37,306,245 $39,543,911 $38,819,022 Tobacco Settlement Funds $131,795 $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $71,374,348 $71,374,348 $71,374,348 $71,374,348 CCDF Mandatory & Matching Funds CFDA93.596 $2,921,700 $2,921,700 $2,921,700 $2,921,700 Child Care & Development Block Grant CFDA93.575 $1,596,094 $1,596,094 $1,596,094 $1,596,094 FRIDAY, APRIL 3, 2009 4937 Community Services Block Grant CFDA93.569 $208,678 Federal Funds Not Itemized $26,851,823 Foster Care Title IV-E CFDA93.658 $7,619,238 Low-Income Home Energy Assistance CFDA93.568 $278,799 Medical Assistance Program CFDA93.778 $11,781,646 Social Services Block Grant CFDA93.667 $9,932,798 Temporary Assistance for Needy Families $10,183,572 Temporary Assistance for Needy Families Grant CFDA93.558 $10,183,572 TOTAL AGENCY FUNDS $6,962,350 Contributions, Donations, and Forfeitures $18,274 Contributions, Donations, and Forfeitures Not Itemized $18,274 Royalties and Rents $2,729,126 Royalties and Rents Not Itemized $2,729,126 Sales and Services $4,214,950 Sales and Services Not Itemized $4,214,950 TOTAL PUBLIC FUNDS $116,222,937 $208,678 $26,851,823 $7,619,238 $278,799 $11,781,646 $9,932,798 $10,183,572 $10,183,572 $6,962,350 $18,274 $18,274 $2,729,126 $2,729,126 $4,214,950 $4,214,950 $115,774,738 $208,678 $26,851,823 $7,619,238 $278,799 $11,781,646 $9,932,798 $10,183,572 $10,183,572 $6,962,350 $18,274 $18,274 $2,729,126 $2,729,126 $4,214,950 $4,214,950 $118,012,404 $208,678 $26,851,823 $7,619,238 $278,799 $11,781,646 $9,932,798 $10,183,572 $10,183,572 $6,962,350 $18,274 $18,274 $2,729,126 $2,729,126 $4,214,950 $4,214,950 $117,287,515 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 189.1 Defer the FY09 cost of living adjustment. $14,577,451 $14,577,451 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $18,404,962 $14,577,451 $14,577,451 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $18,404,962 $14,577,451 $14,577,451 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $18,404,962 $14,577,451 $14,577,451 $3,751,496 $793,894 $678,063 $2,279,539 $76,015 $76,015 $76,015 $18,404,962 State General Funds ($91,322) ($91,322) ($91,322) ($91,322) 189.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 4938 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($328,100) ($295,898) $0 $0 189.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $19,943 $19,943 $19,943 $19,943 189.4 Reduce funds by eliminating the filled guardianship position and utilize existing Adult Protection Services staff to serve clients. State General Funds ($77,880) ($77,880) ($77,880) ($77,880) 189.5 Eliminate funds for the Public Guardianship program. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 189.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($146,829) ($146,829) ($146,829) ($146,829) 189.7 Reduce funds for Targeted Case Management to conform with expiration of billing dates per the American Recovery and Reinvestment Act of 2009. Medical Assistance Program CFDA93.778 ($687,000) ($678,063) ($678,063) 189.100-Elder Abuse Investigations and Prevention Appropriation (HB 119) 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 $13,703,263 $13,735,465 $14,031,363 $14,031,363 State General Funds $13,703,263 $13,735,465 $14,031,363 $14,031,363 TOTAL FEDERAL FUNDS $3,751,496 $3,064,496 $3,073,433 $3,073,433 Federal Funds Not Itemized $793,894 $793,894 $793,894 $793,894 Medical Assistance Program CFDA93.778 $678,063 ($8,937) Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $76,015 $76,015 $76,015 $76,015 Sales and Services $76,015 $76,015 $76,015 $76,015 FRIDAY, APRIL 3, 2009 4939 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $76,015 $17,530,774 $76,015 $16,875,976 $76,015 $17,180,811 $76,015 $17,180,811 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 AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 190.1 Defer the FY09 cost of living adjustment. $78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600 $120,097,240 $78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600 $120,097,240 $78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600 $120,097,240 $78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600 $120,097,240 State General Funds ($7,031) ($7,031) ($7,031) ($7,031) 190.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($25,259) ($22,780) $0 $0 190.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,696 $5,696 $5,696 $5,696 190.4 Reduce funds from the Senior Connections contract in DeKalb County. 4940 JOURNAL OF THE SENATE State General Funds ($20,000) $0 ($20,000) $0 190.5 Reduce funds from the Haralson County Senior Center contract for congregate meals. State General Funds ($15,000) $0 ($15,000) $0 190.6 Eliminate funds for Alzheimer's Congregational Respite training. State General Funds ($96,000) ($96,000) ($96,000) ($96,000) 190.7 Eliminate funds for Naturally Occurring Retirement Communities (NORCs) contract services provided at the Metro-Atlanta and Savannah sites. State General Funds ($295,000) ($275,000) ($225,000) ($225,000) 190.8 Eliminate funds from "Wellness: Take Charge of Your Health" and eliminate associated vacant state office position. State General Funds ($402,169) ($402,169) ($402,169) ($402,169) 190.9 Reduce funds from contracts through reduced utilization and administrative efficiencies. State General Funds ($7,057) ($7,057) ($7,057) ($7,057) 190.10 Transfer state funds to Elder Support Services Program and replace with tobacco funds. State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS ($1,409,144) $1,409,144 $0 ($1,409,144) $1,409,144 $0 ($1,409,144) $1,409,144 $0 ($1,409,144) $1,409,144 $0 190.11 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($981,538) ($981,538) $0 $0 $981,538 $0 $0 $0 $0 $0 190.12 Replace funds received in HB990 (FY09G) for a 3% provider rate increase for the Community Care Services Program (CCSP) with new provider fees raised by the Department of Community Health. (Gov Rev, S, and CC:Reduce by $1,350,227 and do not fund a CCSP provider rate increase due to the revised revenue estimate) State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS ($1,350,227) $0 ($1,350,227) ($1,350,227) $1,350,227 $0 ($1,350,227) $0 ($1,350,227) ($1,350,227) $0 ($1,350,227) 190.13 Reduce funds from Alzheimer's Services for a loss of 20,500 hours of day care and mobile day care annually. State General Funds ($415,281) ($190,281) ($190,281) ($190,281) 190.14 Reduce funds by eliminating four positions employed by regional contractors to coordinate wellness and nutrition programs. FRIDAY, APRIL 3, 2009 4941 State General Funds ($560,330) ($560,330) ($560,330) ($560,330) 190.15 Reduce funds from respite contracts for services including day care, homemaker, and personal care. State General Funds ($2,873,282) ($2,723,282) $0 ($1,323,282) 190.16 Reduce funds to reflect the revised revenue estimate. State General Funds ($664,307) ($664,307) ($664,307) ($664,307) 190.17 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($11,411,119) $11,411,119 $0 ($11,411,119) $11,411,119 $0 ($11,411,119) $11,411,119 $0 ($11,411,119) $11,411,119 $0 190.100-Elder Community Living Services Appropriation (HB 119) 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 $59,422,270 $59,854,749 $63,597,349 $62,309,067 State General Funds $54,348,393 $54,780,872 $58,523,472 $57,235,190 Tobacco Settlement Funds $5,073,877 $5,073,877 $5,073,877 $5,073,877 TOTAL FEDERAL FUNDS $52,846,443 $53,827,981 $52,846,443 $52,846,443 Federal Funds Not Itemized $23,908,635 $23,908,635 $23,908,635 $23,908,635 Medical Assistance Program CFDA93.778 $25,176,378 $26,157,916 $25,176,378 $25,176,378 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 $3,761,430 TOTAL AGENCY FUNDS $121,742 $1,471,969 $121,742 $121,742 Contributions, Donations, and Forfeitures $118,142 $118,142 $118,142 $118,142 Contributions, Donations, and Forfeitures Not Itemized $118,142 $118,142 $118,142 $118,142 Intergovernmental Transfers $1,350,227 Provider Fee Transfers from Dept of Community Health $1,350,227 Sales and Services $3,600 $3,600 $3,600 $3,600 Sales and Services Not Itemized $3,600 $3,600 $3,600 $3,600 TOTAL PUBLIC FUNDS $112,390,455 $115,154,699 $116,565,534 $115,277,252 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 4942 JOURNAL OF THE SENATE 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 191.1 Defer the FY09 cost of living adjustment. $4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636 $4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636 $4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636 $4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636 State General Funds ($573) ($573) ($573) ($573) 191.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,059) ($1,857) $0 $0 191.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,268 $1,268 $1,268 $1,268 191.4 Eliminate funds for Naturally Occurring Retirement Communities (NORCs) contract services provided at the Metro-Atlanta and Savannah sites. State General Funds ($280,000) ($280,000) ($205,000) ($205,000) 191.5 Reduce and defer funds received in HB990 (FY09G) for the Nutritional Services Incentive Program for Meals on Wheels and congregate meals for at-risk seniors. (H and S:Recognize funds from the American Recovery and Reinvestment Act of 2009 for the Nutritional Services Incentive Program) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($1,045,000) ($1,045,000) $1,045,000 $0 ($1,045,000) $1,045,000 $0 ($1,045,000) $1,045,000 $0 191.6 Transfer tobacco funds to the Elder Community Services Program and replace with state funds. State General Funds Tobacco Settlement Funds $1,409,144 ($1,409,144) $1,409,144 ($1,409,144) $1,409,144 ($1,409,144) $1,409,144 ($1,409,144) FRIDAY, APRIL 3, 2009 4943 TOTAL PUBLIC FUNDS $0 $0 $0 $0 191.7 Eliminate funds for the Life Long Planning program and eliminate associated vacant state office position. State General Funds ($1,040,891) ($1,040,891) ($1,040,891) ($1,040,891) 191.8 Eliminate funds for the GeorgiaCares Prescription Assistance Program and eliminate the associated vacant state office position. State General Funds ($358,220) ($358,220) ($358,220) ($358,220) 191.100-Elder Support Services Appropriation (HB 119) 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 $1,860,754 $1,860,956 $1,937,813 $1,937,813 State General Funds $742,825 $743,027 $819,884 $819,884 Tobacco Settlement Funds $1,117,929 $1,117,929 $1,117,929 $1,117,929 TOTAL FEDERAL FUNDS $5,901,407 $6,946,407 $6,946,407 $6,946,407 Federal Funds Not Itemized $5,901,407 $6,946,407 $6,946,407 $6,946,407 TOTAL PUBLIC FUNDS $7,762,161 $8,807,363 $8,884,220 $8,884,220 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 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 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030 $346,557 $56,870,673 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030 $346,557 $56,870,673 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030 $346,557 $56,870,673 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030 $346,557 $56,870,673 $500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 4944 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 192.1 Defer the FY09 cost of living adjustment. $125,750,993 $125,750,993 $125,750,993 $125,750,993 State General Funds ($127,799) ($127,799) ($127,799) ($127,799) 192.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($465,631) ($419,931) $0 $0 192.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,453,550 $2,453,550 $2,453,550 $2,453,550 192.4 Reduce funds through attrition. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($2,574,256) ($1,198,011) ($3,772,267) ($2,574,256) ($1,198,011) ($3,772,267) ($2,574,256) ($1,198,011) ($3,772,267) ($2,574,256) ($1,198,011) ($3,772,267) 192.100-Eligibility Determination Appropriation (HB 119) 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 $56,156,537 $56,202,237 $56,622,168 $56,622,168 State General Funds $56,156,537 $56,202,237 $56,622,168 $56,622,168 TOTAL FEDERAL FUNDS $63,494,912 $63,494,912 $63,494,912 $63,494,912 Federal Funds Not Itemized $4,993,663 $4,993,663 $4,993,663 $4,993,663 Foster Care Title IV-E CFDA93.658 $1,982,030 $1,982,030 $1,982,030 $1,982,030 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $55,672,662 $55,672,662 $55,672,662 $55,672,662 Temporary Assistance for Needy Families $500,000 $500,000 $500,000 $500,000 Temporary Assistance for Needy Families Grant CFDA93.558 $500,000 $500,000 $500,000 $500,000 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 FRIDAY, APRIL 3, 2009 4945 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,187,397 $4,187,397 $4,187,397 $4,187,397 $123,838,846 $123,884,546 $124,304,477 $124,304,477 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 State General Funds TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 194.100-Energy Assistance Appropriation (HB 119) 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 Child Care Licensing 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 TOTAL FEDERAL FUNDS $8,759,268 $8,759,268 $7,585,002 $8,759,268 $8,759,268 $7,585,002 $8,759,268 $8,759,268 $7,585,002 $8,759,268 $8,759,268 $7,585,002 4946 JOURNAL OF THE SENATE Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 196.1 Defer the FY09 cost of living adjustment. $4,830,573 $312,568 $2,441,861 $70,000 $70,000 $70,000 $16,414,270 $4,830,573 $312,568 $2,441,861 $70,000 $70,000 $70,000 $16,414,270 $4,830,573 $312,568 $2,441,861 $70,000 $70,000 $70,000 $16,414,270 $4,830,573 $312,568 $2,441,861 $70,000 $70,000 $70,000 $16,414,270 State General Funds ($54,807) ($54,807) ($54,807) ($54,807) 196.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($196,909) ($177,583) $0 $0 196.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $10,574 $10,574 $10,574 $10,574 196.4 Reduce funds by eliminating the rules coordinator and mid-level management positions of the centralized complaint intake unit. State General Funds ($148,871) ($148,871) ($148,871) ($148,871) 196.5 Reduce funds from the contract with the State Fire Marshall's Office for federal life safety inspections of residential healthcare facilities by 1%. State General Funds ($3,200) ($3,200) ($3,200) ($3,200) 196.6 Reduce funds by eliminating one vacant personal care home (PCH) surveyor position. State General Funds ($77,771) ($77,771) ($77,771) ($77,771) 196.7 Reduce funds by eliminating one vacant diagnostic surveyor position. State General Funds ($44,989) ($44,989) ($44,989) ($44,989) 196.8 Reduce funds from Adult Day Care by eliminating two positions. (CC:Restore in the Department of Community Health- FRIDAY, APRIL 3, 2009 4947 Planning and Regulatory Services program) State General Funds ($181,841) ($181,841) $0 ($181,841) 196.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($21,238) ($21,238) ($21,238) ($21,238) 196.10 Reduce funds to reflect additional savings through service efficiencies. State General Funds ($250,000) ($250,000) ($250,000) 196.96 Transfer funds and activities for the Office of Regulatory Services to the Department of Community Health (DCH), Health Care Access and Improvement program per SB433 (2008 Session). (S and CC:Transfer funds and activities to the new Planning and Regulatory Services program in the Department of Community Health) State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($5,991,346) ($1,925,154) ($2,064,983) ($9,981,483) ($5,991,346) ($1,925,154) ($2,064,983) ($9,981,483) ($5,991,346) ($1,925,154) ($2,064,983) ($9,981,483) ($5,991,346) ($1,925,154) ($2,064,983) ($9,981,483) 196.97 Transfer funds for additional administrative overhead for the Office of Regulatory Services to the new Planning and Regulatory Services program in the Department of Community Health. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($107,129) $0 ($55,538) $0 ($162,667) $0 196.98 Transfer remaining funds and activities related to the inspection and licensure of long term care and health care facilities that were not specifically identified in SB433 (2008 Session) to the new Planning and Regulatory Services program in the Department of Community Health. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($838,204) ($1,441,305) ($2,279,509) ($838,204) ($1,441,305) ($2,279,509) 196.99 CC: The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. Senate: The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. House: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. Gov Rev: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. State General Funds $0 $0 $0 $0 4948 JOURNAL OF THE SENATE 196.100-Child Care Licensing Appropriation (HB 119) The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. TOTAL STATE FUNDS $2,048,870 $1,818,196 $1,232,287 $1,157,575 State General Funds $2,048,870 $1,818,196 $1,232,287 $1,157,575 TOTAL FEDERAL FUNDS $3,594,865 $3,594,865 $2,098,022 $2,153,560 Federal Funds Not Itemized $2,905,419 $2,905,419 $1,408,576 $1,464,114 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 $312,568 Medical Assistance Program CFDA93.778 $376,878 $376,878 $376,878 $376,878 TOTAL AGENCY FUNDS $70,000 $70,000 $70,000 $70,000 Sales and Services $70,000 $70,000 $70,000 $70,000 Sales and Services Not Itemized $70,000 $70,000 $70,000 $70,000 TOTAL PUBLIC FUNDS $5,713,735 $5,483,061 $3,400,309 $3,381,135 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 $6,151,950 State General Funds $6,151,950 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 $14,000,708 197.1 Reduce funds received in HB990 (FY09G) for domestic violence centers. $6,151,950 $6,151,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $14,000,708 $6,151,950 $6,151,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $14,000,708 $6,151,950 $6,151,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $14,000,708 State General Funds ($815,000) ($615,000) ($615,000) ($615,000) 197.2 Reduce funds received in HB990 (FY09G) for rape crisis centers. State General Funds ($635,000) ($535,000) ($535,000) ($535,000) 197.99 CC: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Senate: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. House: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their FRIDAY, APRIL 3, 2009 4949 dependent children and to provide education about family violence to communities across the state. Gov Rev: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. State General Funds $0 $0 $0 $0 197.100-Family Violence Services Appropriation (HB 119) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. TOTAL STATE FUNDS $4,701,950 $5,001,950 $5,001,950 $5,001,950 State General Funds $4,701,950 $5,001,950 $5,001,950 $5,001,950 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $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 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $12,850,708 $12,850,708 $12,850,708 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 State General Funds TOTAL FEDERAL FUNDS TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $0 $0 $21,966,009 $21,966,009 $21,966,009 $0 $0 $21,966,009 $21,966,009 $21,966,009 $0 $0 $21,966,009 $21,966,009 $21,966,009 $0 $0 $21,966,009 $21,966,009 $21,966,009 198.1 Reduce funds. TANF Unobligated Balance per 42 USC 604 ($9,818,557) ($9,818,557) ($9,818,557) ($9,818,557) 198.100-Federal Unobligated Balances Appropriation (HB 119) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS $12,147,452 $12,147,452 $12,147,452 $12,147,452 TANF Unobligated Balance per 42 USC 604 $12,147,452 $12,147,452 $12,147,452 $12,147,452 TOTAL PUBLIC FUNDS $12,147,452 $12,147,452 $12,147,452 $12,147,452 4950 JOURNAL OF THE SENATE 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 199.1 Defer the FY09 cost of living adjustment. $39,590,489 $39,590,489 $54,056,086 $54,056,086 $12,409 $12,409 $12,409 $93,658,984 $39,590,489 $39,590,489 $54,056,086 $54,056,086 $12,409 $12,409 $12,409 $93,658,984 $39,590,489 $39,590,489 $54,056,086 $54,056,086 $12,409 $12,409 $12,409 $93,658,984 $39,590,489 $39,590,489 $54,056,086 $54,056,086 $12,409 $12,409 $12,409 $93,658,984 State General Funds ($204,350) ($204,350) ($204,350) ($204,350) 199.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($734,190) ($662,132) $0 $0 199.3 Reduce funds through attrition. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($2,192,884) ($1,056,296) ($3,249,180) ($2,192,884) ($1,056,296) ($3,249,180) ($2,192,884) ($1,056,296) ($3,249,180) ($2,192,884) ($1,056,296) ($3,249,180) 199.4 Recognize funds from the American Recovery and Reinvestment Act of 2009 for food stamp caseload growth. Federal Funds Not Itemized $2,000,000 $2,000,000 $2,000,000 199.100-Food Stamp Eligibility and Benefits Appropriation (HB 119) 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 $36,459,065 $36,531,123 $37,193,255 $37,193,255 State General Funds $36,459,065 $36,531,123 $37,193,255 $37,193,255 FRIDAY, APRIL 3, 2009 4951 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $52,999,790 $52,999,790 $12,409 $12,409 $12,409 $89,471,264 $54,999,790 $54,999,790 $12,409 $12,409 $12,409 $91,543,322 $54,999,790 $54,999,790 $12,409 $12,409 $12,409 $92,205,454 $54,999,790 $54,999,790 $12,409 $12,409 $12,409 $92,205,454 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 $115,871,866 $115,871,866 $115,871,866 $115,871,866 State General Funds $115,871,866 $115,871,866 $115,871,866 $115,871,866 TOTAL FEDERAL FUNDS $147,982,830 $147,982,830 $147,982,830 $147,982,830 Federal Funds Not Itemized $12,332,000 $12,332,000 $12,332,000 $12,332,000 Foster Care Title IV-E CFDA93.658 $44,836,738 $44,836,738 $44,836,738 $44,836,738 Temporary Assistance for Needy Families $90,814,092 $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 $90,814,092 TOTAL PUBLIC FUNDS $263,854,696 $263,854,696 $263,854,696 $263,854,696 206.1 Reduce funds through a reduction of the Child Placing Agency (CPA) case management rate for the lowest three levels of care. State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS ($2,000,000) $0 $0 $0 ($453,241) $0 $0 $0 ($2,453,241) $0 $0 $0 206.2 Reduce funds by discontinuing the use of the Westcare-DeKalb Assessment Center. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 206.3 Reduce funds to reflect the projected lower utilization of the Room Board and Watchful Oversight (RBWO). State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS ($1,210,980) ($215,829) ($1,426,809) ($1,210,980) ($215,829) ($1,426,809) ($1,210,980) ($215,829) ($1,426,809) ($1,210,980) ($215,829) ($1,426,809) 206.4 Transfer funds for Grandparents Raising Grandchildren to the Support for Needy Families - Basic Assistance program. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,649,000) ($2,649,000) ($2,649,000) ($2,649,000) 4952 JOURNAL OF THE SENATE 206.5 Replace funds. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($16,000,000) $16,000,000 $0 ($16,000,000) $16,000,000 $0 ($32,640,209) $32,640,209 $0 ($36,040,209) $36,040,209 $0 206.6 Reduce funds through higher utilization of in-home services. State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS ($4,709,839) ($674,260) ($5,384,099) ($4,709,839) ($841,734) ($5,551,573) ($4,709,839) ($841,734) ($5,551,573) ($4,709,839) ($841,734) ($5,551,573) 206.7 Reduce funds. Foster Care Title IV-E CFDA93.658 ($2,805,778) ($2,805,778) ($2,805,778) ($2,805,778) 206.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,913,551) ($3,913,551) ($3,913,551) ($3,913,551) 206.9 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009. State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS ($4,037,474) $4,037,474 $0 ($4,037,474) $4,037,474 $0 ($4,037,474) $4,037,474 $0 ($4,037,474) $4,037,474 $0 206.10 Transfer funds to the Adolescent and Adult Health Promotion and Public Health Grants to Counties programs. Temporary Assistance for Needy Families Grant CFDA93.558 ($6,000,000) ($6,000,000) ($6,000,000) 206.100-Out of Home Care Appropriation (HB 119) 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 $83,875,022 $85,875,022 $69,234,813 $65,834,813 State General Funds $83,875,022 $85,875,022 $69,234,813 $65,834,813 TOTAL FEDERAL FUNDS $161,222,196 $155,507,963 $172,148,172 $175,548,172 Federal Funds Not Itemized $12,332,000 $12,332,000 $12,332,000 $12,332,000 Foster Care Title IV-E CFDA93.658 $44,725,104 $45,010,871 $45,010,871 $45,010,871 Temporary Assistance for Needy Families $104,165,092 $98,165,092 $114,805,301 $118,205,301 Temporary Assistance for Needy Families Grant CFDA93.558 $104,165,092 $98,165,092 $114,805,301 $118,205,301 TOTAL PUBLIC FUNDS $245,097,218 $241,382,985 $241,382,985 $241,382,985 FRIDAY, APRIL 3, 2009 4953 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 TOTAL PUBLIC FUNDS $0 $0 $4,749,006 $4,749,006 $4,749,006 $0 $0 $4,749,006 $4,749,006 $4,749,006 $0 $0 $4,749,006 $4,749,006 $4,749,006 $0 $0 $4,749,006 $4,749,006 $4,749,006 208.100-Refugee Assistance Appropriation (HB 119) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $4,749,006 $4,749,006 $4,749,006 $4,749,006 Federal Funds Not Itemized $4,749,006 $4,749,006 $4,749,006 $4,749,006 TOTAL PUBLIC FUNDS $4,749,006 $4,749,006 $4,749,006 $4,749,006 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 $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $58,000,000 $58,000,000 $58,000,000 TANF Unobligated Balance per 42 USC 604 $58,000,000 $58,000,000 $58,000,000 TOTAL PUBLIC FUNDS $58,100,000 $58,100,000 $58,100,000 210.1 Transfer funds from the Out of Home Care program for Grandparents Raising Grandchildren. $100,000 $100,000 $58,000,000 $58,000,000 $58,100,000 Temporary Assistance for Needy Families Grant CFDA93.558 $2,649,000 $2,649,000 $2,649,000 $2,649,000 210.2 Replace funds. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $32,798,916 ($32,798,916) $0 $32,798,916 ($32,798,916) $0 $32,798,916 ($32,798,916) $0 $32,798,916 ($32,798,916) $0 210.3 Transfer funds to the Adolescent and Adult Health Promotion and Public Health Grants to Counties programs. Temporary Assistance for Needy Families Grant CFDA93.558 ($4,000,000) $0 $0 4954 JOURNAL OF THE SENATE 210.4 Transfer funds to the Out of Home Care and Child Care Services programs. Temporary Assistance for Needy Families Grant CFDA93.558 ($4,000,000) 210.100-Support for Needy Families - Basic Assistance Appropriation (HB 119) 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 $60,649,000 $56,649,000 $60,649,000 $56,649,000 Temporary Assistance for Needy Families $35,447,916 $31,447,916 $35,447,916 $31,447,916 Temporary Assistance for Needy Families Grant CFDA93.558 $35,447,916 $31,447,916 $35,447,916 $31,447,916 TANF Unobligated Balance per 42 USC 604 $25,201,084 $25,201,084 $25,201,084 $25,201,084 TOTAL PUBLIC FUNDS $60,749,000 $56,749,000 $60,749,000 $56,749,000 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 211.1 Defer the FY09 cost of living adjustment. $6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142 $6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142 $6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142 $6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142 State General Funds ($509,751) ($509,751) ($509,751) ($509,751) 211.2 Defer salary adjustments for critical jobs. State General Funds ($1,581,570) ($1,581,570) ($1,581,570) ($1,581,570) 211.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce FRIDAY, APRIL 3, 2009 4955 funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,831,429) ($1,651,682) $0 $0 211.4 Reduce funds received in HB990 (FY09G) for increased rent at four new Division of Family and Children Services (DFCS) offices. (S:Reflect the appropriation in line 211.101)(CC:Reduce funds) State General Funds ($657,928) ($657,928) ($657,928) ($657,928) 211.5 Recognize funds from the American Recovery and Reinvestment Act of 2009 to support Georgia's food banks. Federal Funds Not Itemized $1,100,000 $1,100,000 $1,100,000 211.6 Increase funds to provide one month of funding for new county owned DFCS offices in Carroll County ($15,000), Liberty County ($20,000), Walton County ($10,000), and Treutlen County ($5,000). (CC:Increase funds for construction for new county owned facilities) State General Funds $50,000 $0 $150,000 211.100-Support for Needy Families - Family Assistance Appropriation (HB 119) 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 $1,883,928 $2,113,675 $3,715,357 $3,865,357 State General Funds $1,883,928 $2,113,675 $3,715,357 $3,865,357 TOTAL FEDERAL FUNDS $48,354,536 $49,454,536 $49,454,536 $49,454,536 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 $2,743,225 $2,743,225 $2,743,225 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 $50,238,464 $51,568,211 $53,169,893 $53,319,893 211.101 Special Project - Support for Needy Families - Family Assistance: Increase funds to plan for a new county owned DFCS facility in Carroll County, Liberty County, Walton County, and Treutlen County. State General Funds $657,928 $0 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 4956 JOURNAL OF THE SENATE 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 State General Funds $7,695,000 $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $25,519,348 $25,519,348 $25,519,348 $25,519,348 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 $2,396,595 Temporary Assistance for Needy Families $23,116,253 $23,116,253 $23,116,253 $23,116,253 Temporary Assistance for Needy Families Grant CFDA93.558 $23,116,253 $23,116,253 $23,116,253 $23,116,253 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $20,000 $20,000 $20,000 $20,000 Federal Funds Transfers $20,000 $20,000 $20,000 $20,000 FF Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $33,234,348 $33,234,348 $33,234,348 $33,234,348 212.1 Eliminate funds for transfers to the Department of Labor, the Department of Community Affairs and the Technical College System of Georgia and use savings to fund activities in the Out of Home Care program. Temporary Assistance for Needy Families Grant CFDA93.558 ($5,291,242) ($5,291,242) 212.100-Support for Needy Families - Work Assistance Appropriation (HB 119) 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 State General Funds $7,695,000 $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $25,519,348 $25,519,348 $20,228,106 $20,228,106 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 $2,396,595 Temporary Assistance for Needy Families $23,116,253 $23,116,253 $17,825,011 $17,825,011 Temporary Assistance for Needy Families Grant CFDA93.558 $23,116,253 $23,116,253 $17,825,011 $17,825,011 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $20,000 $20,000 $20,000 $20,000 Federal Funds Transfers $20,000 $20,000 $20,000 $20,000 FF Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $33,234,348 $33,234,348 $27,943,106 $27,943,106 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 FRIDAY, APRIL 3, 2009 4957 in achieving safe, healthy, independent and self-reliant lives. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 215.1 Defer the FY09 cost of living adjustment. $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 $252,352 State General Funds ($2,185) ($2,185) ($2,185) ($2,185) 215.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($6,913) ($5,974) $0 $0 215.3 Reduce and defer funds received in HB990 (FY09G) for the Georgia for a Lifetime study (Project 2020). State General Funds ($50,000) $0 ($50,000) ($40,000) 215.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,947) ($1,947) ($1,947) ($1,947) 215.100-Council on Aging Appropriation (HB 119) 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 $191,307 $242,246 $198,220 $208,220 State General Funds $191,307 $242,246 $198,220 $208,220 TOTAL PUBLIC FUNDS $191,307 $242,246 $198,220 $208,220 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 $9,600,837 $9,600,837 $2,468,771 $9,600,837 $9,600,837 $2,468,771 $9,600,837 $9,600,837 $2,468,771 $9,600,837 $9,600,837 $2,468,771 4958 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 217.1 Defer the FY09 cost of living adjustment. $1,268,771 $1,200,000 $1,200,000 $12,069,608 $1,268,771 $1,200,000 $1,200,000 $12,069,608 $1,268,771 $1,200,000 $1,200,000 $12,069,608 $1,268,771 $1,200,000 $1,200,000 $12,069,608 State General Funds ($2,959) ($2,959) ($2,959) ($2,959) 217.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($6,034) ($5,214) $0 $0 217.3 Reduce funds from technical assistance and county collaborative contracts. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($905,809) ($428,809) ($1,334,618) ($485,809) ($428,809) ($914,618) ($485,809) ($428,809) ($914,618) ($485,809) ($428,809) ($914,618) 217.4 Reduce funds from operations. State General Funds ($10,500) ($10,500) ($10,500) ($10,500) 217.5 Reduce funds from personnel. State General Funds ($42,989) ($12,989) ($12,989) ($12,989) 217.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($86,337) ($86,337) ($86,337) ($86,337) 217.100-Family Connection Appropriation (HB 119) 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 $8,546,209 $8,997,029 $9,002,243 $9,002,243 State General Funds $8,546,209 $8,997,029 $9,002,243 $9,002,243 TOTAL FEDERAL FUNDS $2,039,962 $2,039,962 $2,039,962 $2,039,962 Medical Assistance Program CFDA93.778 $839,962 $839,962 $839,962 $839,962 FRIDAY, APRIL 3, 2009 4959 Temporary Assistance for Needy Families $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 TOTAL PUBLIC FUNDS $10,586,171 $1,200,000 $1,200,000 $11,036,991 $1,200,000 $1,200,000 $11,042,205 $1,200,000 $1,200,000 $11,042,205 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 Services is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment. Section 28: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $19,230,125 $19,230,125 $954,555 $954,555 $97,232 $97,232 $20,281,912 $19,230,125 $19,230,125 $954,555 $954,555 $97,232 $97,232 $20,281,912 $19,230,125 $19,230,125 $954,555 $954,555 $97,232 $97,232 $20,281,912 $19,230,125 $19,230,125 $954,555 $954,555 $97,232 $97,232 $20,281,912 4960 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $16,868,629 $16,947,850 $16,868,629 $16,947,850 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $17,920,416 $17,999,637 $15,610,193 $15,610,193 $954,555 $954,555 $97,232 $97,232 $16,661,980 $17,321,489 $17,321,489 $954,555 $954,555 $97,232 $97,232 $18,373,276 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 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 $2,490,268 219.1 Defer the FY09 cost of living adjustment. State General Funds ($24,831) ($24,831) ($24,831) ($24,831) 219.2 Defer structure adjustments to the statewide salary plan. State General Funds ($15) ($15) ($15) ($15) 219.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($122,390) ($105,762) $0 $0 219.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($6,536) ($6,536) ($6,536) ($6,536) 219.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. FRIDAY, APRIL 3, 2009 4961 State General Funds ($278,825) ($278,825) ($278,825) ($278,825) 219.6 Reduce funds from operations. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 219.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($1,041) ($1,041) ($1,041) ($1,041) 219.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($22,897) ($22,897) ($22,897) ($22,897) 219.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($2,918) ($2,918) ($2,918) 219.100-Departmental Administration Appropriation (HB 119) 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 $1,958,733 $1,972,443 $2,078,205 $2,078,205 State General Funds $1,958,733 $1,972,443 $2,078,205 $2,078,205 TOTAL PUBLIC FUNDS $1,958,733 $1,972,443 $2,078,205 $2,078,205 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 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 $883,508 220.1 Defer the FY09 cost of living adjustment. State General Funds ($11,518) ($11,518) ($11,518) ($11,518) 220.2 Defer structure adjustments to the statewide salary plan. State General Funds ($8) ($8) ($8) ($8) 220.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce 4962 JOURNAL OF THE SENATE funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($57,512) ($49,699) $0 $0 220.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($1,653) ($1,653) ($1,653) ($1,653) 220.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($99,200) ($99,200) ($99,200) ($99,200) 220.6 Reduce funds from contracts. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 220.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($3,968) ($3,968) ($3,968) ($3,968) 220.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($8,114) ($8,114) ($8,114) ($8,114) 220.99 CC: 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. Senate: 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. State General Funds $0 $0 220.100 -Enforcement Appropriation (HB 119) 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 $691,535 $699,348 $749,047 $749,047 State General Funds $691,535 $699,348 $749,047 $749,047 TOTAL PUBLIC FUNDS $691,535 $699,348 $749,047 $749,047 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. FRIDAY, APRIL 3, 2009 4963 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 221.1 Defer the FY09 cost of living adjustment. $5,649,189 $5,649,189 $954,555 $954,555 $97,232 $97,232 $97,232 $6,700,976 $5,649,189 $5,649,189 $954,555 $954,555 $97,232 $97,232 $97,232 $6,700,976 $5,649,189 $5,649,189 $954,555 $954,555 $97,232 $97,232 $97,232 $6,700,976 $5,649,189 $5,649,189 $954,555 $954,555 $97,232 $97,232 $97,232 $6,700,976 State General Funds ($74,298) ($74,298) ($74,298) ($74,298) 221.2 Defer structure adjustments to the statewide salary plan. State General Funds ($50) ($50) ($50) ($50) 221.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($122,390) ($105,762) $0 $0 221.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($22,510) ($22,510) ($22,510) ($22,510) 221.5 Reduce funds from operations. State General Funds ($62,500) ($62,500) ($62,500) ($62,500) 221.6 Reduce funds designated to purchase vehicles. State General Funds ($51,373) ($51,373) ($51,373) ($51,373) 221.7 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($372,801) ($372,801) ($372,801) ($372,801) 221.8 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($7,961) ($7,961) ($7,961) ($7,961) 4964 JOURNAL OF THE SENATE 221.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($68,661) ($68,661) ($68,661) ($68,661) 221.99 CC: The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials. Senate: The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials. State General Funds $0 $0 221.100-Fire Safety Appropriation (HB 119) The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials. TOTAL STATE FUNDS $4,866,645 $4,883,273 $4,989,035 $4,989,035 State General Funds $4,866,645 $4,883,273 $4,989,035 $4,989,035 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 $5,918,432 $5,935,060 $6,040,822 $6,040,822 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 222.1 Defer the FY09 cost of living adjustment. $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 $782,187 FRIDAY, APRIL 3, 2009 4965 State General Funds ($6,754) ($6,754) ($6,754) ($6,754) 222.2 Defer structure adjustments to the statewide salary plan. State General Funds ($5) ($5) ($5) ($5) 222.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($57,514) ($49,700) $0 $0 222.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($555) ($555) ($555) ($555) 222.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($113,823) ($113,823) ($113,823) ($113,823) 222.6 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($854) ($854) ($854) ($854) 222.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,006) ($7,006) ($7,006) ($7,006) 222.99 CC: 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. Senate: 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. State General Funds $0 $0 222.100-Industrial Loan Appropriation (HB 119) 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 $595,676 $603,490 $653,190 $653,190 State General Funds $595,676 $603,490 $653,190 $653,190 TOTAL PUBLIC FUNDS $595,676 $603,490 $653,190 $653,190 4966 JOURNAL OF THE SENATE 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 223.1 Defer the FY09 cost of living adjustment. $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 $6,090,259 State General Funds ($61,152) ($61,152) ($61,152) ($61,152) 223.2 Defer structure adjustments to the statewide salary plan. State General Funds ($41) ($41) ($41) ($41) 223.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($122,390) ($105,762) $0 $0 223.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($20,970) ($20,970) ($20,970) ($20,970) 223.5 Reduce funds through a combination of attrition, furloughs, and reductions in force. State General Funds ($184,624) ($184,624) ($184,624) ($184,624) 223.6 Reduce funds from operations. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 223.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings. State General Funds ($19,433) ($19,433) ($19,433) ($19,433) 223.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($64,829) ($64,829) ($64,829) ($64,829) 223.9 Transfer funds for the Consumer Services Division to the Office of Consumer Affairs. (CC:Reduce funds) State General Funds ($1,860,104) ($148,808) FRIDAY, APRIL 3, 2009 4967 223.99 CC: The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations. Senate: The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations. State General Funds $0 $0 223.100-Insurance Regulation Appropriation (HB 119) The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations. TOTAL STATE FUNDS $5,586,820 $5,603,448 $3,849,106 $5,560,402 State General Funds $5,586,820 $5,603,448 $3,849,106 $5,560,402 TOTAL PUBLIC FUNDS $5,586,820 $5,603,448 $3,849,106 $5,560,402 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 224.1 Defer the FY09 cost of living adjustment. $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 $3,334,714 State General Funds ($35,335) ($35,335) ($35,335) ($35,335) 224.2 Defer structure adjustments to the statewide salary plan. State General Funds ($24) ($24) ($24) ($24) 224.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 4968 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($122,390) ($105,762) $0 $0 224.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($7,745) ($7,745) ($7,745) ($7,745) 224.100-Special Fraud Appropriation (HB 119) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,169,220 $3,185,848 $3,291,610 State General Funds $3,169,220 $3,185,848 $3,291,610 TOTAL PUBLIC FUNDS $3,169,220 $3,185,848 $3,291,610 $3,291,610 $3,291,610 $3,291,610 Section 29: 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $135,081,645 $77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $135,081,645 $77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $135,081,645 $77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $135,081,645 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Final $61,963,166 $62,043,259 $61,963,166 $62,043,259 $46,977,019 $46,977,019 $6,132,772 $6,132,772 $40,844,247 $40,844,247 $16,919,551 $16,919,551 $65,052,735 $65,052,735 $46,977,019 $6,132,772 $40,844,247 $18,907,551 $62,905,982 $62,905,982 $46,977,019 $6,132,772 $40,844,247 $18,907,551 FRIDAY, APRIL 3, 2009 4969 Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $16,019,551 $900,000 $34,279 $34,279 $125,894,015 $16,019,551 $900,000 $34,279 $34,279 $125,974,108 $18,007,551 $900,000 $34,279 $34,279 $130,971,584 $18,007,551 $900,000 $34,279 $34,279 $128,824,831 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 225.1 Defer the FY09 cost of living adjustment. $9,901,853 $9,901,853 $100,668 $100,668 $1,434 $1,434 $1,434 $10,003,955 $9,901,853 $9,901,853 $100,668 $100,668 $1,434 $1,434 $1,434 $10,003,955 $9,901,853 $9,901,853 $100,668 $100,668 $1,434 $1,434 $1,434 $10,003,955 $9,901,853 $9,901,853 $100,668 $100,668 $1,434 $1,434 $1,434 $10,003,955 State General Funds ($50,301) ($50,301) ($50,301) ($50,301) 225.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($131,927) ($114,004) $0 $0 225.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,793,871 $1,793,871 $1,793,871 $1,793,871 225.4 Reduce funds by restructuring the security contract at the headquarters complex. State General Funds ($441,615) ($441,615) ($441,615) ($441,615) 4970 JOURNAL OF THE SENATE 225.5 Reduce funds by eliminating three temporary labor positions used for data entry of criminal history information. State General Funds ($80,000) ($80,000) ($80,000) ($80,000) 225.6 Reduce funds by eliminating four vacant positions. State General Funds ($144,226) ($144,226) ($144,226) ($144,226) 225.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($54,067) ($54,067) ($54,067) ($54,067) 225.8 Reduce merit system assessments from $147 to $137 per position. State General Funds ($6,238) ($6,238) ($6,238) 225.100-Bureau Administration Appropriation (HB 119) 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 $10,793,588 $10,805,273 $10,919,277 $10,919,277 State General Funds $10,793,588 $10,805,273 $10,919,277 $10,919,277 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 $100,668 Federal Funds Not Itemized $100,668 $100,668 $100,668 $100,668 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 $10,895,690 $10,907,375 $11,021,379 $11,021,379 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,536,126 $14,536,126 $1,859,298 $1,859,298 $155,610 $155,610 $155,610 $16,551,034 $14,536,126 $14,536,126 $1,859,298 $1,859,298 $155,610 $155,610 $155,610 $16,551,034 $14,536,126 $14,536,126 $1,859,298 $1,859,298 $155,610 $155,610 $155,610 $16,551,034 $14,536,126 $14,536,126 $1,859,298 $1,859,298 $155,610 $155,610 $155,610 $16,551,034 FRIDAY, APRIL 3, 2009 4971 226.98 Transfer all funds and activities to the new Forensic Scientific Services program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($14,536,126) ($1,859,298) ($155,610) ($16,551,034) ($14,536,126) ($1,859,298) ($155,610) ($16,551,034) ($14,536,126) ($1,859,298) ($155,610) ($16,551,034) ($14,536,126) ($1,859,298) ($155,610) ($16,551,034) 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 227.1 Defer the FY09 cost of living adjustment. $11,040,504 $11,040,504 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $15,046,292 $11,040,504 $11,040,504 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $15,046,292 $11,040,504 $11,040,504 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $15,046,292 $11,040,504 $11,040,504 $4,003,184 $4,003,184 $2,604 $2,604 $2,604 $15,046,292 State General Funds ($100,256) ($100,256) ($100,256) ($100,256) 227.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($284,324) ($245,697) $0 $0 227.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $339,178 $339,178 $339,178 $339,178 227.4 Reduce funds by eliminating thirty-five temporary labor positions used for data entry of criminal history information. State General Funds ($641,288) ($641,288) ($641,288) ($641,288) 4972 JOURNAL OF THE SENATE 227.5 Reduce funds by eliminating twelve vacant positions. State General Funds ($448,402) ($448,402) ($448,402) ($448,402) 227.6 Reduce funds by transitioning the crime information center away from state protective order registry responsibilities. State General Funds ($128,242) $0 $0 $0 227.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($48,829) ($48,829) ($48,829) ($48,829) 227.8 Replace funds with fees collected from criminal history background checks. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($1,988,000) $1,988,000 $0 ($1,988,000) $1,988,000 $0 227.99 CC: The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program. Senate: The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program. State General Funds $0 $0 227.100-Criminal Justice Information Services Appropriation (HB 119) The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program. TOTAL STATE FUNDS $9,728,341 $9,895,210 $8,152,907 $8,152,907 State General Funds $9,728,341 $9,895,210 $8,152,907 $8,152,907 TOTAL FEDERAL FUNDS $4,003,184 $4,003,184 $4,003,184 $4,003,184 Federal Funds Not Itemized $4,003,184 $4,003,184 $4,003,184 $4,003,184 TOTAL AGENCY FUNDS $2,604 $2,604 $1,990,604 $1,990,604 Sales and Services $2,604 $2,604 $1,990,604 $1,990,604 Sales and Services Not Itemized $2,604 $2,604 $1,990,604 $1,990,604 TOTAL PUBLIC FUNDS $13,734,129 $13,900,998 $14,146,695 $14,146,695 FRIDAY, APRIL 3, 2009 4973 Forensic Scientific Services Continuation Budget TOTAL STATE FUNDS State General Funds 228.1 Defer the FY09 cost of living adjustment. $0 $0 $0 $0 $0 $0 $0 $0 State General Funds ($238,330) ($238,330) ($238,330) ($238,330) 228.2 Defer special adjustments to selected job classes. State General Funds ($246,580) ($246,580) ($246,580) ($246,580) 228.3 Defer the special pay raise to address retention issues for the following positions: Crime Lab Scientist 3, Assistant Crime Lab Associate, and Crime Lab Associate. State General Funds ($313,820) ($313,820) ($313,820) ($313,820) 228.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($639,163) ($552,328) $0 $0 228.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $137,103 $137,103 $137,103 $137,103 228.6 Reduce funds by eliminating two hourly staff positions. State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 228.7 Reduce funds by eliminating three temporary labor positions used for data entry of criminal history information. State General Funds ($49,707) ($49,707) ($49,707) ($49,707) 228.8 Reduce funds and limit services at the Southwestern Regional Lab in Moultrie to intake only and close the Medical Examiner Office in Moultrie, the Western Regional Lab in Columbus, and the Northwestern Regional Lab in Summerville. (S:Close Medical Examiner offices, but restore funds to crime labs) State General Funds ($1,088,241) ($1,088,241) ($163,073) $0 228.9 Reduce funds by eliminating two vacant positions. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) 4974 JOURNAL OF THE SENATE 228.10 Eliminate funds for forensic anthropology services and use contracted services when required. State General Funds ($107,290) ($107,290) ($107,290) ($107,290) 228.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($104,407) ($104,407) ($104,407) ($104,407) 228.12 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($3,066,386) $3,066,386 $0 ($3,066,386) $3,066,386 $0 ($3,066,386) $3,066,386 $0 ($3,066,386) $3,066,386 $0 228.13 Reduce funds from the Western Regional Lab in Columbus. (CC:Restore nine months of funding) State General Funds ($66,525) $0 ($66,525) 228.14 Reduce funds from the Northwestern Regional Lab in Summerville. (CC:Restore nine months of funding) State General Funds ($110,891) $0 ($110,891) 228.15 Reduce funds from the Southwestern Regional Lab in Moultrie. (CC:Restore nine months of funding) State General Funds ($125,862) $0 ($125,862) 228.98 Transfer all funds and activities from the Centralized Scientific Services and Regional Forensic Services programs. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $23,554,160 $1,859,298 $157,865 $25,571,323 $23,554,160 $1,859,298 $157,865 $25,571,323 $23,554,160 $1,859,298 $157,865 $25,571,323 $23,554,160 $1,859,298 $157,865 $25,571,323 228.99 CC: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN. Senate: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN. House: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as FRIDAY, APRIL 3, 2009 4975 AFIS, CODIS and NIBIN. Gov Rev: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as AFIS, CODIS and NIBIN. State General Funds $0 $0 $0 $0 228.100-Forensic Scientific Services Appropriation (HB 119) The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN. TOTAL STATE FUNDS $17,731,339 $17,514,896 $19,295,670 $19,155,465 State General Funds $17,731,339 $17,514,896 $19,295,670 $19,155,465 TOTAL FEDERAL FUNDS $4,925,684 $4,925,684 $4,925,684 $4,925,684 American Recovery and Reinvestment Act of 2009 $3,066,386 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $1,859,298 $1,859,298 $1,859,298 $1,859,298 TOTAL AGENCY FUNDS $157,865 $157,865 $157,865 $157,865 Sales and Services $157,865 $157,865 $157,865 $157,865 Sales and Services Not Itemized $157,865 $157,865 $157,865 $157,865 TOTAL PUBLIC FUNDS $22,814,888 $22,598,445 $24,379,219 $24,239,014 Georgia Information Sharing and Analysis Center Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $939,414 $939,414 $360,025 $360,025 $479 $479 $479 $1,299,918 $939,414 $939,414 $360,025 $360,025 $479 $479 $479 $1,299,918 $939,414 $939,414 $360,025 $360,025 $479 $479 $479 $1,299,918 $939,414 $939,414 $360,025 $360,025 $479 $479 $479 $1,299,918 4976 JOURNAL OF THE SENATE 229.1 Defer the FY09 cost of living adjustment. State General Funds ($9,026) ($9,026) ($9,026) ($9,026) 229.2 Defer the special pay raise received 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) ($35,289) ($35,289) 229.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($20,471) ($17,690) $0 $0 229.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $13,385 $13,385 $13,385 $13,385 229.5 Reduce funds from operations. State General Funds ($14,000) ($14,000) ($14,000) ($14,000) 229.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,362) ($4,362) ($4,362) ($4,362) 229.99 CC: 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project. Senate: 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project. State General Funds $0 $0 229.100-Georgia Information Sharing and Analysis Center Appropriation (HB 119) 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project. FRIDAY, APRIL 3, 2009 4977 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 $869,651 $869,651 $360,025 $360,025 $479 $479 $479 $1,230,155 $872,432 $872,432 $360,025 $360,025 $479 $479 $479 $1,232,936 $890,122 $890,122 $360,025 $360,025 $479 $479 $479 $1,250,626 $890,122 $890,122 $360,025 $360,025 $479 $479 $479 $1,250,626 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 $9,018,034 $9,018,034 State General Funds $9,018,034 $9,018,034 TOTAL AGENCY FUNDS $2,255 $2,255 Sales and Services $2,255 $2,255 Sales and Services Not Itemized $2,255 $2,255 TOTAL PUBLIC FUNDS $9,020,289 $9,020,289 230.98 Transfer all funds and activities to the new Forensic Scientific Services program. $9,018,034 $9,018,034 $2,255 $2,255 $2,255 $9,020,289 State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($9,018,034) ($2,255) ($9,020,289) ($9,018,034) ($2,255) ($9,020,289) ($9,018,034) ($2,255) ($9,020,289) $9,018,034 $9,018,034 $2,255 $2,255 $2,255 $9,020,289 ($9,018,034) ($2,255) ($9,020,289) 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $27,486,004 $27,486,004 $1,435,444 $1,435,444 $204,482 $204,482 $204,482 $34,279 $34,279 $27,486,004 $27,486,004 $1,435,444 $1,435,444 $204,482 $204,482 $204,482 $34,279 $34,279 $27,486,004 $27,486,004 $1,435,444 $1,435,444 $204,482 $204,482 $204,482 $34,279 $34,279 $27,486,004 $27,486,004 $1,435,444 $1,435,444 $204,482 $204,482 $204,482 $34,279 $34,279 4978 JOURNAL OF THE SENATE Agency to Agency Contracts TOTAL PUBLIC FUNDS 231.1 Defer the FY09 cost of living adjustment. $34,279 $29,160,209 $34,279 $29,160,209 $34,279 $29,160,209 $34,279 $29,160,209 State General Funds ($322,856) ($322,856) ($322,856) ($322,856) 231.2 Defer the special pay raise received 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) ($1,289,543) ($1,289,543) 231.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($752,021) ($649,854) $0 $0 231.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $246,281 $246,281 $246,281 $246,281 231.5 Reduce one-time funds received in HB990 (FY09G) for startup costs associated with the Identity Theft Unit. State General Funds ($148,372) ($148,372) ($148,372) ($148,372) 231.6 Reduce funds designated for vehicle purchases. State General Funds ($610,731) ($610,731) ($610,731) ($610,731) 231.7 Reduce funds from operations. State General Funds ($7,000) ($7,000) ($7,000) ($7,000) 231.8 Reduce funds by eliminating seven hourly staff positions. State General Funds ($50,568) ($50,568) ($50,568) ($50,568) 231.9 Reduce funds and realize savings as a result of the consolidation of the Macon Regional Drug Enforcement Office and the Milledgeville Regional Investigative Office. State General Funds ($46,303) ($46,303) ($46,303) ($46,303) 231.10 Reduce funds for three vacant agent positions and reassign Georgia SecureID staff to regional offices. FRIDAY, APRIL 3, 2009 4979 State General Funds ($279,278) ($279,278) ($279,278) ($279,278) 231.11 Reduce funds by eliminating six vacant positions. State General Funds ($350,000) ($350,000) ($350,000) ($350,000) 231.12 Reduce funds by reassigning Identity Theft Unit staff to regional offices. State General Funds ($315,000) ($315,000) ($315,000) ($315,000) 231.13 Eliminate funds for the State Drug Task Force (SDTF), reassign the seventeen SDTF agents to regional investigative agents, and eliminate two support staff positions. State General Funds ($1,055,867) ($1,055,867) ($1,055,867) ($1,055,867) 231.14 Reduce funds to reflect the revised revenue estimate. State General Funds ($118,543) ($118,543) ($118,543) ($118,543) 231.15 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($3,066,386) $3,066,386 $0 ($3,066,386) $3,066,386 $0 ($3,066,386) $3,066,386 $0 ($3,066,386) $3,066,386 $0 231.98 Transfer all funds and activities from the Special Operations Unit program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $922,919 $3,023,756 $200 $3,946,875 $922,919 $3,023,756 $200 $3,946,875 $922,919 $3,023,756 $200 $3,946,875 $922,919 $3,023,756 $200 $3,946,875 231.99 CC: The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state drug task force and regional drug enforcement, and polygraph examinations. Senate: The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state drug task force and regional drug enforcement, and polygraph examinations. House: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals. 4980 JOURNAL OF THE SENATE Gov Rev: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals. State General Funds $0 $0 $0 $0 231.100-Regional Investigative Services Appropriation (HB 119) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state drug task force and regional drug enforcement, and polygraph examinations. TOTAL STATE FUNDS $20,242,736 $20,344,903 $20,994,757 $20,994,757 State General Funds $20,242,736 $20,344,903 $20,994,757 $20,994,757 TOTAL FEDERAL FUNDS $7,525,586 $7,525,586 $7,525,586 $7,525,586 American Recovery and Reinvestment Act of 2009 $3,066,386 $3,066,386 $3,066,386 $3,066,386 Federal Funds Not Itemized $4,459,200 $4,459,200 $4,459,200 $4,459,200 TOTAL AGENCY FUNDS $204,682 $204,682 $204,682 $204,682 Sales and Services $204,682 $204,682 $204,682 $204,682 Sales and Services Not Itemized $204,682 $204,682 $204,682 $204,682 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $34,279 $34,279 $34,279 $34,279 State Funds Transfers $34,279 $34,279 $34,279 $34,279 Agency to Agency Contracts $34,279 $34,279 $34,279 $34,279 TOTAL PUBLIC FUNDS $28,007,283 $28,109,450 $28,759,304 $28,759,304 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services $922,919 $922,919 $3,023,756 $3,023,756 $200 $200 $922,919 $922,919 $3,023,756 $3,023,756 $200 $200 $922,919 $922,919 $3,023,756 $3,023,756 $200 $200 $922,919 $922,919 $3,023,756 $3,023,756 $200 $200 FRIDAY, APRIL 3, 2009 4981 Sales and Services Not Itemized $200 $200 TOTAL PUBLIC FUNDS $3,946,875 $3,946,875 232.98 Transfer all funds and activities to the Regional Investigative Services program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($922,919) ($3,023,756) ($200) ($3,946,875) ($922,919) ($3,023,756) ($200) ($3,946,875) $200 $3,946,875 ($922,919) ($3,023,756) ($200) ($3,946,875) $200 $3,946,875 ($922,919) ($3,023,756) ($200) ($3,946,875) 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 233.1 Defer the FY09 cost of living adjustment. $1,244,726 $1,244,726 $4,396,250 $4,396,250 $2,111 $2,111 $2,111 $5,643,087 $1,244,726 $1,244,726 $4,396,250 $4,396,250 $2,111 $2,111 $2,111 $5,643,087 $1,244,726 $1,244,726 $4,396,250 $4,396,250 $2,111 $2,111 $2,111 $5,643,087 $1,244,726 $1,244,726 $4,396,250 $4,396,250 $2,111 $2,111 $2,111 $5,643,087 State General Funds ($6,455) ($6,455) ($6,455) ($6,455) 233.2 Defer the special pay raise received 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) ($66,162) ($66,162) 233.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($56,865) ($49,140) $0 $0 233.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing 4982 JOURNAL OF THE SENATE project. State General Funds $32,969 $32,969 $32,969 $32,969 233.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,748) ($5,748) ($5,748) ($5,748) 233.99 CC: The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud the Medicaid Program. Senate: The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud the Medicaid Program. State General Funds $0 $0 233.100-State Healthcare Fraud Unit Appropriation (HB 119) The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud the Medicaid Program. TOTAL STATE FUNDS $1,142,465 $1,150,190 $1,199,330 $1,199,330 State General Funds $1,142,465 $1,150,190 $1,199,330 $1,199,330 TOTAL FEDERAL FUNDS $4,396,250 $4,396,250 $4,396,250 $4,396,250 Federal Funds Not Itemized $4,396,250 $4,396,250 $4,396,250 $4,396,250 TOTAL AGENCY FUNDS $2,111 $2,111 $2,111 $2,111 Sales and Services $2,111 $2,111 $2,111 $2,111 Sales and Services Not Itemized $2,111 $2,111 $2,111 $2,111 TOTAL PUBLIC FUNDS $5,540,826 $5,548,551 $5,597,691 $5,597,691 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 234.1 Defer the FY09 cost of living adjustment. $1,301,979 $1,301,979 $376 $376 $376 $1,302,355 $1,301,979 $1,301,979 $376 $376 $376 $1,302,355 $1,301,979 $1,301,979 $376 $376 $376 $1,302,355 $1,301,979 $1,301,979 $376 $376 $376 $1,302,355 FRIDAY, APRIL 3, 2009 4983 State General Funds ($12,461) ($12,461) ($12,461) ($12,461) 234.2 Defer the special pay raise received to address retention issues for the following positions: Assistant Special Agent in Charge. State General Funds ($97,337) ($97,337) ($97,337) ($97,337) 234.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($27,296) ($23,588) $0 $0 234.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,814) ($5,814) ($5,814) ($5,814) 234.99 CC: The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-jurisdictional drug task forces. Senate: The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-jurisdictional drug task forces. State General Funds $0 $0 234.100-Task Forces Appropriation (HB 119) The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,159,071 $1,162,779 $1,186,367 $1,186,367 State General Funds $1,159,071 $1,162,779 $1,186,367 $1,186,367 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 $1,159,447 $1,163,155 $1,186,743 $1,186,743 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 $892,009 $892,009 $892,009 $892,009 4984 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631 235.1 Defer the FY09 cost of living adjustment. State General Funds ($3,670) ($3,670) ($3,670) ($3,670) 235.2 Defer structure adjustments to the statewide salary plan. State General Funds ($114) ($114) ($114) ($114) 235.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($11,782) ($10,181) $0 $0 235.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($77,437) ($77,437) ($77,437) ($77,437) 235.5 Reduce funds and defer the Local Law Enforcement and Fire Services (LLEFS) grant program. State General Funds ($500,000) ($500,000) ($400,000) ($400,000) 235.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,031) ($3,031) ($3,031) ($3,031) 235.98 Transfer funds for Legal Services for Victims of Domestic Violence from the Judicial Council. State General Funds $2,006,548 $0 FRIDAY, APRIL 3, 2009 4985 235.99 CC: The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with all components of the system and levels of government throughout Georgia, by applying for and administering federal assistance grants that assist agencies and organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. Senate: The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with all components of the system and levels of government throughout Georgia, by applying for and administering federal assistance grants that assist agencies and organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. House: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Gov Rev: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. State General Funds $0 $0 $0 $0 235.100-Criminal Justice Coordinating Council Appropriation (HB 119) The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with all components of the system and levels of government throughout Georgia, by applying for and administering federal assistance grants that assist agencies and organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. TOTAL STATE FUNDS $295,975 $297,576 $2,414,305 $407,757 State General Funds $295,975 $297,576 $2,414,305 $407,757 TOTAL FEDERAL FUNDS $25,665,622 $25,665,622 $25,665,622 $25,665,622 Federal Funds Not Itemized $25,665,622 $25,665,622 $25,665,622 $25,665,622 TOTAL AGENCY FUNDS $16,550,000 $16,550,000 $16,550,000 $16,550,000 Sales and Services $15,650,000 $15,650,000 $15,650,000 $15,650,000 Sales and Services Not Itemized $15,650,000 $15,650,000 $15,650,000 $15,650,000 Sanctions, Fines, and Penalties $900,000 $900,000 $900,000 $900,000 Sanctions, Fines, and Penalties Not Itemized $900,000 $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $42,511,597 $42,513,198 $44,629,927 $42,623,379 4986 JOURNAL OF THE SENATE Section 30: 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 $342,932,665 $342,932,665 $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 $342,932,665 $342,932,665 $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 $342,932,665 $342,932,665 $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 $342,932,665 $342,932,665 $1,674,112 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $358,195,938 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $280,481,965 $281,480,674 $280,481,965 $281,480,674 $29,694,315 $29,694,315 $28,020,203 $28,020,203 $1,674,112 $1,674,112 $127,629 $127,629 $127,629 $127,629 $13,461,532 $13,461,532 $13,461,532 $13,461,532 $323,765,441 $324,764,150 $288,115,218 $288,115,218 $29,694,315 $28,020,203 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $331,398,694 $288,029,073 $288,029,073 $29,694,315 $28,020,203 $1,674,112 $127,629 $127,629 $13,461,532 $13,461,532 $331,312,549 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 or services for committed 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 $50,568,335 $50,568,335 $5,002,533 $5,002,533 $703,693 $4,298,840 $50,568,335 $50,568,335 $5,002,533 $5,002,533 $703,693 $4,298,840 $50,568,335 $50,568,335 $5,002,533 $5,002,533 $703,693 $4,298,840 $50,568,335 $50,568,335 $5,002,533 $5,002,533 $703,693 $4,298,840 FRIDAY, APRIL 3, 2009 4987 TOTAL PUBLIC FUNDS $55,570,868 $55,570,868 $55,570,868 $55,570,868 236.1 Defer the FY09 cost of living adjustment. State General Funds ($29,370) ($29,370) ($29,370) ($29,370) 236.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($61,802) ($53,406) $0 $0 236.3 Reduce one-time funds received in HB990 (FY09G) for a non-secure facility in Glynn County to house youth awaiting local juvenile court proceedings. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 236.4 Reduce funds and the usage of part-time labor positions by approximately 25%. State General Funds ($33,658) ($33,658) ($33,658) ($33,658) 236.5 Reduce funds from various contracts through lower utilization of contracted services. State General Funds ($2,316,392) ($2,316,392) ($2,316,392) ($2,316,392) 236.6 Reduce funds from Room Board and Watchful Oversight placements to recognize savings from mental health services paid for by Care Management Organizations. State General Funds ($3,080,000) ($3,080,000) ($3,080,000) ($3,080,000) 236.7 Reduce funds and close the North Georgia Wilderness Program by reducing the maximum length of stay in the Short Term Program (STP) to thirty days. State General Funds ($2,053,560) ($2,053,560) ($2,053,560) ($2,053,560) 236.8 Reduce funds from the Outdoor Therapy Program (OTP) operated by the Department of Human Resources and utilize the program on a fee-for-service basis. State General Funds ($768,059) ($768,059) ($768,059) ($768,059) 236.9 Reduce funds and close the Blakely Wilderness Program by reducing the maximum length of stay in the STP to thirty days. State General Funds ($1,613,865) ($1,613,865) ($1,613,865) ($1,613,865) 236.10 Eliminate funds for the Family Based Intervention Program. 4988 JOURNAL OF THE SENATE State General Funds ($1,488,287) ($1,488,287) ($1,488,287) ($1,488,287) 236.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($208,043) $0 $0 $0 236.12 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($3,726,687) $3,726,687 $0 ($3,726,687) $3,726,687 $0 ($3,726,687) $3,726,687 $0 ($3,726,687) $3,726,687 $0 236.13 Eliminate funds for the Weekend Sanctions Program. State General Funds ($85,920) ($85,920) ($85,920) 236.14 Transfer funds to the Governor's Office of Children and Families for Angela's House for victims of child prostitution and trafficking. State General Funds ($128,125) 236.99 CC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program. Senate: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non- secure detention shelters, housebound detention, emergency shelters, a short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program. State General Funds $0 $0 236.100-Community Non-Secure Commitment Appropriation (HB 119) The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law- abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program. TOTAL STATE FUNDS $34,688,612 $34,819,131 $34,872,537 $34,744,412 State General Funds $34,688,612 $34,819,131 $34,872,537 $34,744,412 TOTAL FEDERAL FUNDS $3,726,687 $3,726,687 $3,726,687 $3,726,687 American Recovery and Reinvestment Act of 2009 $3,726,687 $3,726,687 $3,726,687 $3,726,687 FRIDAY, APRIL 3, 2009 4989 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 $5,002,533 $5,002,533 $703,693 $4,298,840 $43,417,832 $5,002,533 $5,002,533 $703,693 $4,298,840 $43,548,351 $5,002,533 $5,002,533 $703,693 $4,298,840 $43,601,757 $5,002,533 $5,002,533 $703,693 $4,298,840 $43,473,632 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 237.1 Defer the FY09 cost of living adjustment. $55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099 $55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099 $55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099 $55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099 State General Funds ($460,970) ($460,970) ($460,970) ($460,970) 237.2 Defer salary adjustments for critical jobs. State General Funds ($247,270) ($247,270) ($247,270) ($247,270) 237.3 Defer structure adjustments to the statewide salary plan. State General Funds ($13,171) ($13,171) ($13,171) ($13,171) 237.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,908,093) ($1,648,866) $0 $0 237.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,621,670 $1,621,670 $1,621,670 $1,621,670 4990 JOURNAL OF THE SENATE 237.6 Reduce funds through the consolidation of five regions to four and by eliminating one regional position. State General Funds ($116,813) ($116,813) ($116,813) ($116,813) 237.7 Reduce funds and the use of part-time labor positions by approximately 25%. State General Funds ($301,285) ($301,285) ($301,285) ($301,285) 237.8 Reduce funds from the Apprehensions Unit by eliminating twelve investigator positions. State General Funds ($640,850) ($640,850) ($640,850) ($640,850) 237.9 Reduce funds received in HB990 (FY09G) for sixty-seven additional Juvenile Probation and Parole Specialists (JPPS). State General Funds ($3,157,758) ($3,157,758) ($3,199,738) ($3,157,758) 237.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($260,863) ($357,348) ($357,348) ($357,348) 237.11 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($4,679,374) $4,679,374 $0 ($4,679,374) $4,679,374 $0 ($4,679,374) $4,679,374 $0 ($4,679,374) $4,679,374 $0 237.99 CC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens and supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management. Senate: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens and supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management. State General Funds $0 $0 237.100-Community Supervision Appropriation (HB 119) The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law- abiding citizens and supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management. TOTAL STATE FUNDS $44,930,216 $45,092,958 $46,699,844 $46,741,824 State General Funds $44,930,216 $45,092,958 $46,699,844 $46,741,824 TOTAL FEDERAL FUNDS $4,679,374 $4,679,374 $4,679,374 $4,679,374 American Recovery and Reinvestment Act of 2009 $4,679,374 $4,679,374 $4,679,374 $4,679,374 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,297,106 $4,297,106 $4,297,106 $4,297,106 FRIDAY, APRIL 3, 2009 4991 Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $4,297,106 $4,297,106 $53,906,696 $4,297,106 $4,297,106 $54,069,438 $4,297,106 $4,297,106 $55,676,324 $4,297,106 $4,297,106 $55,718,304 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 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 $28,459,888 $28,459,888 $339,060 $339,060 $25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103 $28,459,888 $28,459,888 $339,060 $339,060 $25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103 $28,459,888 $28,459,888 $339,060 $339,060 $25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103 $28,459,888 $28,459,888 $339,060 $339,060 $25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103 238.1 Defer the FY09 cost of living adjustment. State General Funds ($200,229) ($200,229) ($200,229) ($200,229) 238.2 Defer structure adjustments to the statewide salary plan. State General Funds ($5,721) ($5,721) ($5,721) ($5,721) 238.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($648,907) ($560,749) $0 $0 238.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 4992 JOURNAL OF THE SENATE State General Funds $1,613,399 $1,613,399 $1,613,399 $1,613,399 238.5 Reduce funds through the consolidation of five regions to four and by eliminating two regional positions. State General Funds ($183,908) ($183,908) ($183,908) ($183,908) 238.6 Reduce funds and the use of part-time labor positions by approximately 25%. State General Funds ($88,195) ($88,195) ($88,195) ($88,195) 238.7 Reduce funds from the Training Unit through changes in the delivery of programs and reduction of contracts. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 238.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($140,239) ($411,357) ($411,357) ($411,357) 238.9 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($2,493,798) $2,493,798 $0 ($2,493,798) $2,493,798 $0 ($2,493,798) $2,493,798 $0 ($2,493,798) $2,493,798 $0 238.10 Reduce merit system assessments from $147 to $137 per position. State General Funds ($50,943) ($50,943) ($50,943) 238.100-Departmental Administration Appropriation (HB 119) 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 $26,012,290 $25,778,387 $26,339,136 $26,339,136 State General Funds $26,012,290 $25,778,387 $26,339,136 $26,339,136 TOTAL FEDERAL FUNDS $2,832,858 $2,832,858 $2,832,858 $2,832,858 American Recovery and Reinvestment Act of 2009 $2,493,798 $2,493,798 $2,493,798 $2,493,798 Federal Funds Not Itemized $339,060 $339,060 $339,060 $339,060 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 $220,095 $220,095 $220,095 $220,095 Federal Funds Transfers $220,095 $220,095 $220,095 $220,095 FF National School Lunch Program CFDA10.555 $220,095 $220,095 $220,095 $220,095 TOTAL PUBLIC FUNDS $29,090,303 $28,856,400 $29,417,149 $29,417,149 FRIDAY, APRIL 3, 2009 4993 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 239.1 Defer the FY09 cost of living adjustment. $99,055,570 $99,055,570 $1,274,905 $1,274,905 $27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657 $99,055,570 $99,055,570 $1,274,905 $1,274,905 $27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657 $99,055,570 $99,055,570 $1,274,905 $1,274,905 $27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657 $99,055,570 $99,055,570 $1,274,905 $1,274,905 $27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657 State General Funds ($819,962) ($819,962) ($819,962) ($819,962) 239.2 Defer structure adjustments to the statewide salary plan. State General Funds ($23,427) ($23,427) ($23,427) ($23,427) 239.3 Defer salary adjustments for critical jobs. State General Funds ($439,995) ($439,995) ($439,995) ($439,995) 239.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds ($829,394) ($829,394) ($829,394) ($829,394) 239.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,124,394) ($1,835,781) $0 $0 239.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing 4994 JOURNAL OF THE SENATE project. State General Funds $180,572 $180,572 $180,572 $180,572 239.7 Reduce funds and the use of part-time labor positions by approximately 25%. State General Funds ($329,843) ($329,843) ($329,843) ($329,843) 239.8 Reduce funds and suspend the 21st Century After School Program. State General Funds ($385,000) ($385,000) ($385,000) ($385,000) 239.9 Reduce funds and suspend the Think Exit at Entry Transition Program. State General Funds ($600,000) ($600,000) ($600,000) ($600,000) 239.10 Reduce funds from substance abuse education programs. State General Funds ($96,333) ($96,333) ($96,333) ($96,333) 239.11 Eliminate funds for the Medical College of Georgia (MCG) residency program that provides limited psychiatry hours at the Augusta Youth Development Campus (YDC). State General Funds ($31,200) ($31,200) ($31,200) ($31,200) 239.12 Reduce funds by replacing one social service provider position with a part-time position. State General Funds ($22,573) ($22,573) ($22,573) ($22,573) 239.13 Reduce funds by eliminating the use of on-call social workers. State General Funds ($194,610) ($194,610) ($194,610) ($194,610) 239.14 Reduce funds and close the McIntosh YDC effective April 2009 by reducing the maximum length of stay in the Short Term Program (STP) to thirty days. State General Funds ($3,646,064) ($3,646,064) ($3,646,064) ($3,646,064) 239.15 Reduce funds through the consolidation of five regions to four and by eliminating one regional position. State General Funds ($134,473) ($134,473) ($134,473) ($134,473) 239.16 Reduce funds to reflect the revised revenue estimate. State General Funds ($446,064) ($234,946) ($234,946) ($234,946) 239.17 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($8,013,778) $8,013,778 $0 ($8,013,778) $8,013,778 $0 ($8,013,778) $8,013,778 $0 ($8,013,778) $8,013,778 $0 FRIDAY, APRIL 3, 2009 4995 239.99 CC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440. Senate: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440. State General Funds $0 $0 239.100-Secure Commitment (YDCs) Appropriation (HB 119) The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440. TOTAL STATE FUNDS $81,099,032 $81,598,763 $83,434,544 $83,434,544 State General Funds $81,099,032 $81,598,763 $83,434,544 $83,434,544 TOTAL FEDERAL FUNDS $9,288,683 $9,288,683 $9,288,683 $9,288,683 American Recovery and Reinvestment Act of 2009 $8,013,778 $8,013,778 $8,013,778 $8,013,778 Federal Funds Not Itemized $1,274,905 $1,274,905 $1,274,905 $1,274,905 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 $2,097,191 $2,097,191 $2,097,191 $2,097,191 Federal Funds Transfers $2,097,191 $2,097,191 $2,097,191 $2,097,191 FF National School Lunch Program CFDA10.555 $2,097,191 $2,097,191 $2,097,191 $2,097,191 TOTAL PUBLIC FUNDS $92,512,897 $93,012,628 $94,848,409 $94,848,409 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 FEDERAL FUNDS $109,753,879 $109,753,879 $60,147 $109,753,879 $109,753,879 $60,147 $109,753,879 $109,753,879 $60,147 $109,753,879 $109,753,879 $60,147 4996 JOURNAL OF THE SENATE 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 240.1 Defer the FY09 cost of living adjustment. $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211 State General Funds ($981,955) ($981,955) ($981,955) ($981,955) 240.2 Defer structure adjustments to the statewide salary plan. State General Funds ($23,457) ($23,457) ($23,457) ($23,457) 240.3 Defer salary adjustments for critical jobs. State General Funds ($524,842) ($524,842) ($524,842) ($524,842) 240.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds ($786,793) ($786,793) ($786,793) ($786,793) 240.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,982,980) ($2,577,722) $0 $0 240.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $669,445 $669,445 $669,445 $669,445 240.7 Reduce funds and the use of part-time labor positions by 25%. State General Funds ($566,063) ($566,063) ($566,063) ($566,063) 240.8 Eliminate funds for the Emory Residency program that provides limited psychiatry hours at the Metro Regional Youth FRIDAY, APRIL 3, 2009 4997 Detention Center (RYDC). State General Funds ($10,400) ($10,400) ($10,400) ($10,400) 240.9 Reduce funds by replacing nine social service provider positions with part-time positions. State General Funds ($286,885) ($286,885) ($286,885) ($286,885) 240.10 Reduce funds through a decrease in psychology hours from nineteen to sixteen hours at sixty-four bed RYDCs. State General Funds ($98,133) ($98,133) ($98,133) ($98,133) 240.11 Eliminate funds for substance abuse education programs. State General Funds ($244,641) ($244,641) ($244,641) ($244,641) 240.12 Reduce funds by eliminating the use of on-call social workers. State General Funds ($227,261) ($227,261) ($227,261) ($227,261) 240.13 Reduce funds through the consolidation of five regions to four and by eliminating four regional positions. State General Funds ($325,219) ($325,219) ($325,219) ($325,219) 240.14 Reduce funds to reflect the revised revenue estimate. State General Funds ($506,314) ($471,952) ($471,952) ($471,952) 240.15 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($9,106,566) $9,106,566 $0 ($9,106,566) $9,106,566 $0 ($9,106,566) $9,106,566 $0 ($9,106,566) $9,106,566 $0 240.99 CC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities. Senate: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities. State General Funds $0 $0 240.100-Secure Detention (RYDCs) Appropriation (HB 119) The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of 4998 JOURNAL OF THE SENATE their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities. TOTAL STATE FUNDS $93,751,815 $94,191,435 $96,769,157 State General Funds $93,751,815 $94,191,435 $96,769,157 TOTAL FEDERAL FUNDS $9,166,713 $9,166,713 $9,166,713 American Recovery and Reinvestment Act of 2009 $9,106,566 $9,106,566 $9,106,566 Federal Funds Not Itemized $60,147 $60,147 $60,147 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 $1,844,607 $1,844,607 $1,844,607 Federal Funds Transfers $1,844,607 $1,844,607 $1,844,607 FF National School Lunch Program CFDA10.555 $1,844,607 $1,844,607 $1,844,607 TOTAL PUBLIC FUNDS $104,837,713 $105,277,333 $107,855,055 $96,769,157 $96,769,157 $9,166,713 $9,106,566 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $107,855,055 Section 31: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 $55,769,092 $55,769,092 $345,692,508 $345,440,508 $252,000 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $439,889,791 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Final $47,389,303 $47,527,678 $47,389,303 $47,527,678 $345,440,508 $345,440,508 $345,440,508 $345,440,508 $46,432,021 $46,432,021 $345,440,508 $345,440,508 $47,432,021 $47,432,021 $345,440,508 $345,440,508 FRIDAY, APRIL 3, 2009 4999 TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $431,258,002 $31,523,391 $729,513 $30,793,878 $6,904,800 $6,904,800 $431,396,377 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $423,400,720 $31,523,391 $729,513 $30,793,878 $4,800 $4,800 $424,400,720 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 241.1 Defer the FY09 cost of living adjustment. $444,108 $444,108 $1,966,085 $1,966,085 $2,410,193 $444,108 $444,108 $1,966,085 $1,966,085 $2,410,193 $444,108 $444,108 $1,966,085 $1,966,085 $2,410,193 $444,108 $444,108 $1,966,085 $1,966,085 $2,410,193 State General Funds ($2,509) ($2,509) ($2,509) ($2,509) 241.2 Defer structure adjustments to the statewide salary plan. State General Funds ($289) ($289) ($289) ($289) 241.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($8,366) ($7,229) $0 $0 241.4 Reduce funds from personnel. State General Funds ($7,920) ($7,920) ($7,920) ($7,920) 241.5 Reduce funds from operations. State General Funds ($45,000) ($45,000) ($45,000) ($45,000) 241.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,551) ($4,551) ($4,551) ($4,551) 5000 JOURNAL OF THE SENATE 241.100-Business Enterprise Program Appropriation (HB 119) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $375,473 $376,610 $383,839 $383,839 State General Funds $375,473 $376,610 $383,839 $383,839 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,341,558 $2,342,695 $2,349,924 $2,349,924 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 State General Funds TOTAL PUBLIC FUNDS 242.1 Reduce funds. $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 State General Funds ($9,300) ($9,300) ($9,300) ($9,300) 242.2 Reduce funds to reflect the revised revenue estimate. State General Funds ($1,012) ($1,012) ($1,012) ($1,012) 242.100-Commission on Women Appropriation (HB 119) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $82,860 $82,860 $82,860 $82,860 State General Funds $82,860 $82,860 $82,860 $82,860 TOTAL PUBLIC FUNDS $82,860 $82,860 $82,860 $82,860 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 Temporary Assistance for Needy Families $3,422,636 $3,422,636 $38,433,936 $37,923,936 $510,000 $3,422,636 $3,422,636 $38,433,936 $37,923,936 $510,000 $3,422,636 $3,422,636 $38,433,936 $37,923,936 $510,000 $3,422,636 $3,422,636 $38,433,936 $37,923,936 $510,000 FRIDAY, APRIL 3, 2009 5001 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 243.1 Defer the FY09 cost of living adjustment. $510,000 $41,856,572 $510,000 $41,856,572 $510,000 $41,856,572 $510,000 $41,856,572 State General Funds ($31,827) ($31,827) ($31,827) ($31,827) 243.2 Defer structure adjustments to the statewide salary plan. State General Funds ($3,661) ($3,661) ($3,661) ($3,661) 243.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($65,919) ($56,963) $0 $0 243.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,800 $5,800 $5,800 $5,800 243.5 Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance. State General Funds ($211,276) ($211,276) ($211,276) ($211,276) 243.6 Reduce funds from personnel. State General Funds ($653,327) ($653,327) ($653,327) ($653,327) 243.7 Reduce funds designated for vehicle purchases. State General Funds ($4,117) ($4,117) ($4,117) ($4,117) 243.8 Reduce funds from operations. State General Funds ($115,000) ($115,000) ($115,000) ($115,000) 243.9 Eliminate funds from the GoodWorks program to align expenditures to annual grant award. Temporary Assistance for Needy Families Grant CFDA93.558 ($510,000) ($510,000) ($510,000) ($510,000) 243.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($28,001) ($28,001) ($28,001) ($28,001) 243.11 Reduce merit system assessments from $147 to $137 per position. 5002 JOURNAL OF THE SENATE State General Funds ($4,378) ($4,378) ($4,378) 243.100-Department of Labor Administration Appropriation (HB 119) 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 $2,315,308 $2,319,886 $2,376,849 $2,376,849 State General Funds $2,315,308 $2,319,886 $2,376,849 $2,376,849 TOTAL FEDERAL FUNDS $37,923,936 $37,923,936 $37,923,936 $37,923,936 Federal Funds Not Itemized $37,923,936 $37,923,936 $37,923,936 $37,923,936 TOTAL PUBLIC FUNDS $40,239,244 $40,243,822 $40,300,785 $40,300,785 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 $0 $55,598,820 $55,598,820 $55,598,820 244.100-Disability Adjudication Section Appropriation (HB 119) 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 Federal Funds Not Itemized $2,309,899 $2,309,899 $2,913,518 $2,913,518 $2,309,899 $2,309,899 $2,913,518 $2,913,518 $2,309,899 $2,309,899 $2,913,518 $2,913,518 $2,309,899 $2,309,899 $2,913,518 $2,913,518 FRIDAY, APRIL 3, 2009 5003 TOTAL PUBLIC FUNDS 245.1 Defer the FY09 cost of living adjustment. $5,223,417 $5,223,417 $5,223,417 $5,223,417 State General Funds ($12,443) ($12,443) ($12,443) ($12,443) 245.2 Defer structure adjustments to the statewide salary plan. State General Funds ($1,431) ($1,431) ($1,431) ($1,431) 245.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($43,516) ($37,604) $0 $0 245.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $4,608 $4,608 $4,608 $4,608 245.5 Reduce funds from operations. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 245.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($25,851) ($25,851) ($25,851) ($25,851) 245.100-Division of Rehabilitation Administration Appropriation (HB 119) 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 $2,131,266 $2,137,178 $2,174,782 $2,174,782 State General Funds $2,131,266 $2,137,178 $2,174,782 $2,174,782 TOTAL FEDERAL FUNDS $2,913,518 $2,913,518 $2,913,518 $2,913,518 Federal Funds Not Itemized $2,913,518 $2,913,518 $2,913,518 $2,913,518 TOTAL PUBLIC FUNDS $5,044,784 $5,050,696 $5,088,300 $5,088,300 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 5004 JOURNAL OF THE SENATE 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 246.1 Defer the FY09 cost of living adjustment. $452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801 $452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801 $452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801 $452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801 State General Funds ($64,583) ($64,583) ($64,583) ($64,583) 246.2 Defer structure adjustments to the statewide salary plan. State General Funds ($7,428) ($7,428) ($7,428) ($7,428) 246.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($8,532) ($7,373) $0 $0 246.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,458) ($4,458) ($4,458) ($4,458) 246.100-Georgia Industries for the Blind Appropriation (HB 119) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $367,912 $369,071 $376,444 $376,444 State General Funds $367,912 $369,071 $376,444 $376,444 TOTAL AGENCY FUNDS $11,828,888 $11,828,888 $11,828,888 $11,828,888 Reserved Fund Balances $729,513 $729,513 $729,513 $729,513 Reserved Fund Balances Not Itemized $729,513 $729,513 $729,513 $729,513 Sales and Services $11,099,375 $11,099,375 $11,099,375 $11,099,375 FRIDAY, APRIL 3, 2009 5005 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,099,375 $12,196,800 $11,099,375 $12,197,959 $11,099,375 $12,205,332 $11,099,375 $12,205,332 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 247.1 Defer the FY09 cost of living adjustment. $753,151 $753,151 $2,249,873 $2,249,873 $3,003,024 $753,151 $753,151 $2,249,873 $2,249,873 $3,003,024 $753,151 $753,151 $2,249,873 $2,249,873 $3,003,024 $753,151 $753,151 $2,249,873 $2,249,873 $3,003,024 State General Funds ($8,038) ($8,038) ($8,038) ($8,038) 247.2 Defer structure adjustments to the statewide salary plan. State General Funds ($924) ($924) ($924) ($924) 247.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($16,647) ($14,385) $0 $0 247.4 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 247.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($8,469) ($8,469) ($8,469) ($8,469) 247.100-Labor Market Information Appropriation (HB 119) 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 $699,073 $701,335 $715,720 $715,720 State General Funds $699,073 $701,335 $715,720 $715,720 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 $2,249,873 5006 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,249,873 $2,948,946 $2,249,873 $2,951,208 $2,249,873 $2,965,593 $2,249,873 $2,965,593 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 248.1 Defer the FY09 cost of living adjustment. $7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $33,222,110 $7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $33,222,110 $7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $33,222,110 $7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $33,222,110 State General Funds ($51,285) ($51,285) ($51,285) ($51,285) 248.2 Defer structure adjustments to the statewide salary plan. State General Funds ($5,898) ($5,898) ($5,898) ($5,898) 248.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($138,269) ($119,484) $0 $0 248.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $9,726 $9,726 $9,726 $9,726 248.5 Reduce funds from personnel. FRIDAY, APRIL 3, 2009 5007 State General Funds ($208,904) ($208,904) ($208,904) ($208,904) 248.6 Reduce funds designated for vehicle purchases. State General Funds ($59,095) ($59,095) ($59,095) ($59,095) 248.7 Reduce funds received in HB990 (FY09G) for Blaze Sports America, Inc. State General Funds ($104,000) ($104,000) ($104,000) ($104,000) 248.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($81,269) ($81,269) ($81,269) ($81,269) 248.9 Reduce funds and direct the Department to submit a plan for Roosevelt Warm Springs to make the hospital, golf course, and recreational facilities self-sufficient using federal grants and agency generated income within five years. (CC:Reduce funds and develop a plan to reduce hospital, golf course, and recreational facilities dependency on state funding) State General Funds ($130,652) ($130,652) 248.100-Roosevelt Warm Springs Institute Appropriation (HB 119) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,700,740 $6,719,525 $6,708,357 State General Funds $6,700,740 $6,719,525 $6,708,357 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 $32,583,116 $32,601,901 $32,590,733 $6,708,357 $6,708,357 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,590,733 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 $3,406,435 $3,406,435 $3,406,435 $3,406,435 $3,406,435 $3,406,435 $3,406,435 $3,406,435 5008 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $168,552 $168,552 $3,574,987 $168,552 $168,552 $3,574,987 $168,552 $168,552 $3,574,987 $168,552 $168,552 $3,574,987 249.1 Defer the FY09 cost of living adjustment. State General Funds ($27,096) ($27,096) ($27,096) ($27,096) 249.2 Defer structure adjustments to the statewide salary plan. State General Funds ($3,116) ($3,116) ($3,116) ($3,116) 249.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($64,171) ($55,453) $0 $0 249.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,250 $5,250 $5,250 $5,250 249.5 Reduce funds received in HB990 (FY09G) for three safety inspector positions and one clerical position. State General Funds ($257,142) ($257,142) ($257,142) ($257,142) 249.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($36,662) ($36,662) ($36,662) ($36,662) 249.100-Safety Inspections Appropriation (HB 119) 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 $3,023,498 $3,032,216 $3,087,669 $3,087,669 State General Funds $3,023,498 $3,032,216 $3,087,669 $3,087,669 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 $3,192,050 $3,200,768 $3,256,221 $3,256,221 FRIDAY, APRIL 3, 2009 5009 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 250.1 Defer the FY09 cost of living adjustment. $11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746 $11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746 $11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746 $11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746 State General Funds ($100,736) ($100,736) ($100,736) ($100,736) 250.2 Defer structure adjustments to the statewide salary plan. State General Funds ($11,586) ($11,586) ($11,586) ($11,586) 250.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($208,639) ($180,294) $0 $0 250.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $15,009 $15,009 $15,009 $15,009 250.5 Reduce funds from operations. State General Funds ($106,890) ($106,890) ($106,890) ($106,890) 250.6 Reduce funds to reflect the new cost allocation rate on administrative assessments for unemployment insurance. State General Funds ($2,580,789) ($2,580,789) ($2,580,789) ($2,580,789) 250.7 Reduce funds designated for vehicle purchases. State General Funds ($10,452) ($10,452) ($10,452) ($10,452) 250.8 Reduce funds and use federal stimulus receipts to cover administrative costs. State General Funds ($2,000,000) ($1,000,000) 5010 JOURNAL OF THE SENATE 250.100-Unemployment Insurance Appropriation (HB 119) 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 $8,224,477 $8,252,822 $6,433,116 $7,433,116 State General Funds $8,224,477 $8,252,822 $6,433,116 $7,433,116 TOTAL FEDERAL FUNDS $49,173,186 $49,173,186 $49,173,186 $49,173,186 Federal Funds Not Itemized $49,173,186 $49,173,186 $49,173,186 $49,173,186 TOTAL PUBLIC FUNDS $57,397,663 $57,426,008 $55,606,302 $56,606,302 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 $18,029,477 State General Funds $18,029,477 TOTAL FEDERAL FUNDS $63,967,153 Federal Funds Not Itemized $65,667,153 Temporary Assistance for Needy Families ($1,700,000) TANF Transfers to Child Care Development Fund per 42 USC 604 ($1,700,000) TOTAL AGENCY FUNDS $806,216 Sales and Services $806,216 Sales and Services Not Itemized $806,216 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 Federal Funds Transfers $1,700,000 FF Temporary Assistance for Needy Families CFDA93.558 $1,700,000 TOTAL PUBLIC FUNDS $84,502,846 251.1 Defer the FY09 cost of living adjustment. $18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000) $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846 $18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000) $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846 $18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000) $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846 State General Funds ($82,563) ($82,563) ($82,563) ($82,563) 251.2 Defer structure adjustments to the statewide salary plan. State General Funds ($9,496) ($9,496) ($9,496) ($9,496) 251.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits FRIDAY, APRIL 3, 2009 5011 (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($339,797) ($293,633) $0 $0 251.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $26,362 $26,362 $26,362 $26,362 251.5 Increase funds for the GoodWorks program to align TANF expenditures to annual grant award. TANF Transfers to Child Care Development Fund per 42 USC 604 $1,700,000 $1,700,000 $1,700,000 $1,700,000 251.6 Reduce funds from operations. State General Funds ($540,000) ($540,000) ($540,000) ($540,000) 251.7 Reduce funds for the purchase of service and special purpose contracts. State General Funds ($597,296) ($597,296) ($597,296) ($597,296) 251.8 Reduce funds received in HB990 (FY09G) for the Georgia Games. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 251.9 Reduce funds received in HB990 (FY09G) for SHARE DEAR. State General Funds ($48,661) ($48,661) ($48,661) ($48,661) 251.10 Reduce funds from the Georgia Council on the Hearing Impaired (Hinesville Location). State General Funds ($167,000) ($167,000) ($40,000) ($40,000) 251.11 Reduce funds by eliminating the State-wide Assistive Technology contract. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 251.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($194,279) ($194,279) ($194,279) ($194,279) 251.13 Reduce funds for the GoodWorks program to align expenditures to annual grant award. FF Temporary Assistance for Needy Families CFDA93.558 ($1,700,000) ($1,700,000) 251.100-Vocational Rehabilitation Program Appropriation (HB 119) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,021,747 $16,067,911 $16,488,544 State General Funds $16,021,747 $16,067,911 $16,488,544 $16,488,544 $16,488,544 5012 JOURNAL OF THE SENATE 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 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,195,116 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,241,280 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $82,961,913 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $82,961,913 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS 252.1 Defer the FY09 cost of living adjustment. $8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103 $8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103 $8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103 $8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103 State General Funds ($75,752) ($75,752) ($75,752) ($75,752) 252.2 Defer structure adjustments to the statewide salary plan. State General Funds ($8,712) ($8,712) ($8,712) ($8,712) 252.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the FRIDAY, APRIL 3, 2009 5013 cost of the plan) State General Funds ($156,892) ($135,577) $0 $0 252.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $9,892 $9,892 $9,892 $9,892 252.5 Reduce funds designated for vehicle purchases. State General Funds ($20,289) ($20,289) ($20,289) ($20,289) 252.6 Reduce funds from operations. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 252.7 Eliminate funds from the GoodWorks program to align expenditures to annual grant award. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,442,000) ($1,442,000) ($1,442,000) ($1,442,000) 252.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($90,305) ($90,305) ($90,305) ($90,305) 252.9 Eliminate the GoodWorks program. FF Temporary Assistance for Needy Families CFDA93.558 ($5,200,000) ($5,200,000) 252.100-Workforce Development Appropriation (HB 119) The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $7,446,949 $7,468,264 $7,603,841 $7,603,841 State General Funds $7,446,949 $7,468,264 $7,603,841 $7,603,841 TOTAL FEDERAL FUNDS $122,790,096 $122,790,096 $122,790,096 $122,790,096 Federal Funds Not Itemized $122,790,096 $122,790,096 $122,790,096 $122,790,096 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,200,000 $5,200,000 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 $135,437,045 $135,458,360 $130,393,937 $130,393,937 Section 32: Law, Department of TOTAL STATE FUNDS Section Total - Continuation $19,650,981 $19,650,981 $19,650,981 $19,650,981 5014 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 $19,650,981 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221 $19,650,981 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221 $19,650,981 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221 $19,650,981 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221 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 - Final $17,271,353 $17,370,758 $17,271,353 $17,370,758 $24,817 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $54,097,593 $54,196,998 $18,008,924 $18,008,924 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,835,164 $18,008,924 $18,008,924 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,835,164 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 253.1 Defer the FY09 cost of living adjustment. $19,650,981 $19,650,981 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221 $19,650,981 $19,650,981 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221 $19,650,981 $19,650,981 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221 $19,650,981 $19,650,981 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221 FRIDAY, APRIL 3, 2009 5015 State General Funds ($247,231) ($247,231) ($247,231) ($247,231) 253.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($738,495) ($638,166) $0 $0 253.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $41,945 $41,945 $41,945 $41,945 253.4 Reduce funds by eliminating five vacant positions. State General Funds ($267,258) ($267,258) ($267,258) ($267,258) 253.5 Reduce funds from personnel. State General Funds ($802,445) ($802,445) ($802,445) ($802,445) 253.6 Reduce funds by suspending the summer internship program. State General Funds ($35,000) ($35,000) ($35,000) ($35,000) 253.7 Reduce funds from library spending. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 253.8 Reduce funds by discontinuing a software licensing contract. State General Funds ($40,200) ($40,200) ($40,200) ($40,200) 253.9 Reduce funds from travel. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 253.10 Reduce funds and reflect the anticipated change in the hospital acquisition statute requiring payment of valuation studies by the department. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 253.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($175,944) ($175,944) ($175,944) ($175,944) 253.12 Reduce merit system assessments from $147 to $137 per position. 5016 JOURNAL OF THE SENATE State General Funds ($924) ($924) ($924) 253.99 CC: The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved. Senate: The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved. State General Funds $0 $0 253.100-Law, Department of Appropriation (HB 119) The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved. TOTAL STATE FUNDS $17,271,353 $17,370,758 $18,008,924 $18,008,924 State General Funds $17,271,353 $17,370,758 $18,008,924 $18,008,924 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 $54,097,593 $54,196,998 $54,835,164 $54,835,164 Section 33: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Section Total - Continuation $130,877,057 $130,877,057 $49,733,946 $49,733,946 $123,134,762 $4,583,045 $130,877,057 $130,877,057 $49,733,946 $49,733,946 $123,134,762 $4,583,045 $130,877,057 $130,877,057 $49,733,946 $49,733,946 $123,134,762 $4,583,045 $130,877,057 $130,877,057 $49,733,946 $49,733,946 $123,134,762 $4,583,045 FRIDAY, APRIL 3, 2009 5017 Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS $103,913 $2,941,137 $15,250 $115,491,417 $130,000 $130,000 $303,875,765 $103,913 $2,941,137 $15,250 $115,491,417 $130,000 $130,000 $303,875,765 $103,913 $2,941,137 $15,250 $115,491,417 $130,000 $130,000 $303,875,765 $103,913 $2,941,137 $15,250 $115,491,417 $130,000 $130,000 $303,875,765 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 Section Total - Final $108,265,466 $105,380,308 $108,265,466 $105,380,308 $49,146,841 $49,146,841 $49,146,841 $49,146,841 $122,969,762 $117,836,831 $4,583,045 $4,583,045 $103,913 $103,913 $2,941,137 $2,941,137 $15,250 $15,250 $115,326,417 $110,193,486 $130,000 $130,000 $130,000 $130,000 $280,512,069 $272,493,980 $102,739,132 $102,739,132 $49,146,841 $49,146,841 $127,082,804 $4,583,045 $103,913 $2,941,137 $15,250 $119,439,459 $130,000 $130,000 $279,098,777 $102,835,328 $102,835,328 $49,146,841 $49,146,841 $122,969,762 $4,583,045 $103,913 $2,941,137 $15,250 $115,326,417 $130,000 $130,000 $275,081,931 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized $2,898,737 $2,898,737 $5,940,807 $5,940,807 $90,221 $90,221 $90,221 $2,898,737 $2,898,737 $5,940,807 $5,940,807 $90,221 $90,221 $90,221 $2,898,737 $2,898,737 $5,940,807 $5,940,807 $90,221 $90,221 $90,221 $2,898,737 $2,898,737 $5,940,807 $5,940,807 $90,221 $90,221 $90,221 5018 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 254.1 Defer the FY09 cost of living adjustment. $8,929,765 $8,929,765 $8,929,765 $8,929,765 State General Funds ($22,098) ($22,098) ($22,098) ($22,098) 254.2 Defer 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) ($11,991) ($11,991) 254.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($56,974) ($49,234) $0 $0 254.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $3,578 $3,578 $3,578 $3,578 254.5 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 254.6 Eliminate funds received in HB95 (FY08G) for sunken vessel removal. State General Funds ($180,000) ($180,000) ($180,000) ($180,000) 254.7 Reduce funds designated for vehicle purchases. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 254.8 Reduce funds from artificial reef construction. (H:Reflect reduction presented in agency's request) State General Funds ($49,271) ($75,549) ($75,549) ($75,549) 254.9 Reduce funds from buoy repair and maintenance. State General Funds ($7,305) ($7,305) ($7,305) ($7,305) 254.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,966) ($12,966) ($12,966) ($12,966) 254.11 Reduce funds by eliminating two vacant positions. FRIDAY, APRIL 3, 2009 5019 State General Funds ($95,235) ($95,235) ($95,235) 254.99 CC: The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs. Senate: The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs. State General Funds $0 $0 254.100-Coastal Resources Appropriation (HB 119) The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs. TOTAL STATE FUNDS $2,521,710 $2,407,937 $2,457,171 $2,457,171 State General Funds $2,521,710 $2,407,937 $2,457,171 $2,457,171 TOTAL FEDERAL FUNDS $5,940,807 $5,940,807 $5,940,807 $5,940,807 Federal Funds Not Itemized $5,940,807 $5,940,807 $5,940,807 $5,940,807 TOTAL AGENCY FUNDS $90,221 $90,221 $90,221 $90,221 Sales and Services $90,221 $90,221 $90,221 $90,221 Sales and Services Not Itemized $90,221 $90,221 $90,221 $90,221 TOTAL PUBLIC FUNDS $8,552,738 $8,438,965 $8,488,199 $8,488,199 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,959,652 $10,959,652 $10,959,652 $10,959,652 5020 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,959,652 $174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301 $10,959,652 $174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301 $10,959,652 $174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301 $10,959,652 $174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301 255.1 Defer the FY09 cost of living adjustment. State General Funds ($85,628) ($85,628) ($85,628) ($85,628) 255.2 Defer structure adjustments to the statewide salary plan. State General Funds ($30,287) ($30,287) ($30,287) ($30,287) 255.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($220,769) ($190,776) $0 $0 255.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $1,133,190 $1,133,190 $1,133,190 $1,133,190 255.5 Reduce funds from operations. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 255.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($59,209) ($59,209) ($59,209) ($59,209) 255.7 Reduce funds by eliminating vacant positions. State General Funds ($301,000) ($382,000) ($500,000) FRIDAY, APRIL 3, 2009 5021 255.8 Reduce merit system assessments from $147 to $137 per position. State General Funds ($11,954) ($11,954) ($11,954) 255.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,496,949 $11,213,988 $11,323,764 State General Funds $11,496,949 $11,213,988 $11,323,764 TOTAL FEDERAL FUNDS $174,383 $174,383 $174,383 Federal Funds Not Itemized $174,383 $174,383 $174,383 TOTAL AGENCY FUNDS $573,266 $573,266 $573,266 Contributions, Donations, and Forfeitures $161,636 $161,636 $161,636 Contributions, Donations, and Forfeitures Not Itemized $161,636 $161,636 $161,636 Sales and Services $411,630 $411,630 $411,630 Sales and Services Not Itemized $411,630 $411,630 $411,630 TOTAL PUBLIC FUNDS $12,244,598 $11,961,637 $12,071,413 $11,205,764 $11,205,764 $174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,953,413 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 256.1 Defer the FY09 cost of living adjustment. $32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874 $32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874 $32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874 $32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874 State General Funds ($343,070) ($343,070) ($343,070) ($343,070) 256.2 Defer structure adjustments to the statewide salary plan. State General Funds ($7,885) ($7,885) ($7,885) ($7,885) 256.3 Defer salary adjustments for critical jobs. 5022 JOURNAL OF THE SENATE State General Funds ($120,167) ($120,167) ($120,167) ($120,167) 256.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($884,895) ($764,676) $0 $0 256.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $191,624 $191,624 $191,624 $191,624 256.6 Reduce funds by eliminating eighteen vacant positions. State General Funds ($868,424) ($868,424) ($868,424) ($868,424) 256.7 Reduce funds from operations. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 256.8 Reduce funds for advertising from the Clean Air Campaign contract. State General Funds ($180,000) ($180,000) ($180,000) ($180,000) 256.9 Reduce funds from the Emergency Response Network and eliminate two vacant positions. State General Funds ($347,064) ($347,064) ($347,064) ($347,064) 256.10 Reduce funds for two land protection positions and fund with existing agency funds. (H:Provide funds for one environmental engineer and one geologist to maintain full staff for permitting) State General Funds ($179,000) $0 ($179,000) ($179,000) 256.11 Reduce funds from water quality testing contracts by using the Environmental Protection Division laboratory. State General Funds ($235,400) ($235,400) ($235,400) ($235,400) 256.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($148,838) ($148,838) ($148,838) ($148,838) 256.13 Reduce funds from travel. State General Funds ($200,000) $0 ($200,000) 256.14 Reduce funds provided in HB990 (FY09G) to assist the Metropolitan North Georgia Water Planning District with updating FRIDAY, APRIL 3, 2009 5023 plans. State General Funds ($100,000) ($100,000) 256.99 CC: The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. Senate: The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. State General Funds $0 $0 256.100-Environmental Protection Appropriation (HB 119) The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund 5024 JOURNAL OF THE SENATE to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. TOTAL STATE FUNDS $29,048,958 $29,148,177 $29,833,853 $29,633,853 State General Funds $29,048,958 $29,148,177 $29,833,853 $29,633,853 TOTAL FEDERAL FUNDS $23,517,774 $23,517,774 $23,517,774 $23,517,774 Federal Funds Not Itemized $23,517,774 $23,517,774 $23,517,774 $23,517,774 TOTAL AGENCY FUNDS $66,713,023 $66,713,023 $66,713,023 $66,713,023 Sales and Services $66,713,023 $66,713,023 $66,713,023 $66,713,023 Sales and Services Not Itemized $66,713,023 $66,713,023 $66,713,023 $66,713,023 TOTAL PUBLIC FUNDS $119,279,755 $119,378,974 $120,064,650 $119,864,650 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 257.1 Reduce unobligated 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 $7,600,000 $7,600,000 $7,600,000 State General Funds ($858,000) ($858,000) ($858,000) ($858,000) 257.2 Reduce funds by eliminating three vacant environmental engineer positions. State General Funds ($186,018) ($186,018) ($186,018) ($186,018) 257.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($33,883) ($33,883) ($33,883) ($33,883) 257.4 Reduce funds from operations. (CC:Reduce funds from operations and continue to fund grants to local governments) State General Funds ($3,325,000) ($3,325,000) 257.99 CC: The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost-sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation. Senate: The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to FRIDAY, APRIL 3, 2009 5025 meet the ten percent cost-sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation. State General Funds $0 $0 257.100-Hazardous Waste Trust Fund Appropriation (HB 119) The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost- sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation. TOTAL STATE FUNDS $6,522,099 $6,522,099 $3,197,099 $3,197,099 State General Funds $6,522,099 $6,522,099 $3,197,099 $3,197,099 TOTAL PUBLIC FUNDS $6,522,099 $6,522,099 $3,197,099 $3,197,099 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 258.1 Defer the FY09 cost of living adjustment. $2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734 $2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734 $2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734 $2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734 State General Funds ($17,990) ($17,990) ($17,990) ($17,990) 258.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($46,382) ($40,081) $0 $0 258.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 5026 JOURNAL OF THE SENATE State General Funds $36,670 $36,670 $36,670 $36,670 258.4 Reduce funds from the certified local government coordinator contract. State General Funds ($42,000) ($42,000) ($42,000) ($42,000) 258.5 Reduce funds and defer the Georgia Heritage Grants. State General Funds ($129,276) ($129,276) ($129,276) ($129,276) 258.6 Reduce funds from Regional Development Centers' Historic Preservation Planners. State General Funds ($32,643) $0 $0 $0 258.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,943) ($9,943) ($9,943) ($9,943) 258.8 Reduce funds from operations. (S and CC:Restore funds for archeology) State General Funds ($279,195) ($179,195) ($179,195) 258.9 Reduce funds by eliminating two vacant positions. State General Funds ($100,000) $0 258.99 CC: The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research. Senate: The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research. State General Funds $0 $0 258.100-Historic Preservation Appropriation (HB 119) The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research. TOTAL STATE FUNDS $1,934,883 $1,694,632 $1,734,713 $1,834,713 State General Funds $1,934,883 $1,694,632 $1,734,713 $1,834,713 TOTAL FEDERAL FUNDS $1,007,287 $1,007,287 $1,007,287 $1,007,287 FRIDAY, APRIL 3, 2009 5027 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,007,287 $2,942,170 $1,007,287 $2,701,919 $1,007,287 $2,742,000 $1,007,287 $2,842,000 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 259.1 Defer the FY09 cost of living adjustment. $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 $519,421 State General Funds ($4,513) ($4,513) ($4,513) ($4,513) 259.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($11,638) ($10,057) $0 $0 259.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $8,653 $8,653 $8,653 $8,653 259.4 Reduce funds from personnel. State General Funds ($97,793) ($97,793) ($97,793) 259.99 CC: The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and conservation purposes and to validate land upon which the state holds an easement remains in the required condition. Senate: The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and conservation purposes and to validate that land upon which the state holds an easement remains in the required condition. State General Funds $0 $0 259.100-Land Conservation Appropriation (HB 119) The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and 5028 JOURNAL OF THE SENATE conservation purposes and to validate land upon which the state holds an easement remains in the required condition. TOTAL STATE FUNDS $511,923 $415,711 $425,768 $425,768 State General Funds $511,923 $415,711 $425,768 $425,768 TOTAL PUBLIC FUNDS $511,923 $415,711 $425,768 $425,768 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS 260.1 Defer the FY09 cost of living adjustment. $27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239 $300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102 $30,000 $30,000 $30,000 $70,424,697 $27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239 $300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102 $30,000 $30,000 $30,000 $70,424,697 $27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239 $300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102 $30,000 $30,000 $30,000 $70,424,697 $27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239 $300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102 $30,000 $30,000 $30,000 $70,424,697 State General Funds ($227,227) ($227,227) ($227,227) ($227,227) 260.2 Defer salary adjustments for critical jobs. State General Funds ($21,442) ($21,442) ($21,442) ($21,442) 260.3 Defer 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 FRIDAY, APRIL 3, 2009 5029 Manager 3. State General Funds ($1,537,636) ($1,537,636) ($1,537,636) ($1,537,636) 260.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($585,844) ($506,253) $0 $0 260.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $27,429 $27,429 $27,429 $27,429 260.6 Reduce funds received in HB990 (FY09G) for the survey of High Falls State Park. (H:Provide partial funding) State General Funds ($148,000) ($74,000) ($74,000) ($74,000) 260.7 Reduce funds received in HB990 (FY09G) to build public recreation facilities and a boat ramp at Bear Creek Reservoir. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 260.8 Reduce funds received in HB990 (FY09G) to control aquatic vegetation at Little Ocmulgee State Park. State General Funds ($25,000) $0 ($25,000) ($25,000) 260.9 Reduce funds from repairs and maintenance. State General Funds ($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000) 260.10 Reduce funds for two management and support positions and fund with existing agency funds. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 260.11 Reduce funds by eliminating one vacant position and closing the Bo Ginn Aquarium. State General Funds ($51,000) ($51,000) ($51,000) ($51,000) 260.12 Reduce funds by eliminating five positions and closing the Historic Site Region Office. State General Funds ($526,481) ($526,481) ($526,481) ($526,481) 260.13 Reduce funds and suspend operations at eight swimming pools. (H and S:Due to new federal regulations on drains, temporarily suspend operations and pursue opportunities with local communities to retrofit drains) State General Funds ($124,000) ($143,000) ($143,000) ($143,000) 5030 JOURNAL OF THE SENATE 260.14 Reduce funds from the Lodge Region Office and eliminate one position. (H:Pursue private or local community management) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($350,000) ($1,501,806) $0 $0 ($2,104,028) $0 $0 ($3,605,834) $0 $0 260.15 Eliminate funds for golf course operations and the golf course region office by the end of the first quarter of FY10. (H:Reflect additional reduction and aggressively pursue private or local community management) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($1,493,199) ($2,008,734) $0 $0 ($2,025,709) $0 $0 ($4,034,443) $0 $0 260.16 Reduce funds and defer opening the Suwanee River Eco-Lodge. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($175,000) ($165,000) ($340,000) ($175,000) ($165,000) ($340,000) ($175,000) ($165,000) ($340,000) ($175,000) ($165,000) ($340,000) 260.17 Reduce funds from appraisal contracts. State General Funds ($76,000) ($76,000) ($76,000) ($76,000) 260.18 Reduce funds designated for vehicle purchases. State General Funds ($406,798) ($406,798) ($406,798) ($406,798) 260.19 Reduce funds to reflect the revised revenue estimate. State General Funds ($94,360) ($94,360) ($94,360) ($94,360) 260.20 Reduce funds from the George T. Bagby lodge and golf course and Little Ocmulgee lodge and golf course by contracting with local communities. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($602,502) $0 $0 ($1,003,194) $0 $0 ($1,605,696) $0 $0 260.21 Reduce funds from operations. (CC:Pursue a strategy of self-sufficiency for all golf course, lodge, and park operations) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($4,113,042) $4,113,042 $0 ($4,113,042) $0 ($4,113,042) 260.99 CC: The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites. FRIDAY, APRIL 3, 2009 5031 Senate: The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites. State General Funds $0 $0 260.100-Parks, Recreation and Historic Sites Appropriation (HB 119) The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites. TOTAL STATE FUNDS $18,427,871 $16,317,619 $16,798,872 $16,798,872 State General Funds $18,427,871 $16,317,619 $16,798,872 $16,798,872 TOTAL FEDERAL FUNDS $1,704,029 $1,704,029 $1,704,029 $1,704,029 Federal Funds Not Itemized $1,704,029 $1,704,029 $1,704,029 $1,704,029 TOTAL AGENCY FUNDS $41,090,239 $35,957,308 $45,203,281 $41,090,239 Contributions, Donations, and Forfeitures $300,000 $300,000 $300,000 $300,000 Contributions, Donations, and Forfeitures Not Itemized $300,000 $300,000 $300,000 $300,000 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 $37,849,102 $32,716,171 $41,962,144 $37,849,102 Sales and Services Not Itemized $37,849,102 $32,716,171 $41,962,144 $37,849,102 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 $30,000 $30,000 $30,000 Agency Funds Transfers $30,000 $30,000 $30,000 $30,000 Agency Fund Transfers Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $61,252,139 $54,008,956 $63,736,182 $59,623,140 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services $0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 5032 JOURNAL OF THE SENATE Sales and Services Not Itemized $11,400 $11,400 $11,400 $11,400 TOTAL PUBLIC FUNDS $211,893 $211,893 $211,893 $211,893 261.99 CC: The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to encourage by-product reuse and recycling. Senate: The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non- regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to encourage by-product reuse and recycling. State General Funds $0 $0 261.100-Pollution Prevention Assistance Appropriation (HB 119) The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to encourage by-product reuse and recycling. TOTAL FEDERAL FUNDS $96,580 $96,580 $96,580 $96,580 Federal Funds Not Itemized $96,580 $96,580 $96,580 $96,580 TOTAL AGENCY FUNDS $115,313 $115,313 $115,313 $115,313 Reserved Fund Balances $103,913 $103,913 $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 $103,913 $103,913 Sales and Services $11,400 $11,400 $11,400 $11,400 Sales and Services Not Itemized $11,400 $11,400 $11,400 $11,400 TOTAL PUBLIC FUNDS $211,893 $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 State General Funds TOTAL PUBLIC FUNDS 262.1 Reduce unobligated 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 State General Funds ($3,092,862) ($3,092,862) ($3,092,862) ($3,092,862) 262.2 Reduce funds from operations. (CC:Reduce funds from Environmental Protection Division operations and use remaining FRIDAY, APRIL 3, 2009 5033 funds for solid waste planning and reduction initiatives by the Department of Community Affairs, scrap tire cleanups, and emergency reserves) State General Funds ($1,500,000) ($1,500,000) 262.99 CC: The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs. Senate: The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs. State General Funds $0 $0 262.100-Solid Waste Trust Fund Appropriation (HB 119) The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs. TOTAL STATE FUNDS $2,907,138 $2,907,138 $1,407,138 $1,407,138 State General Funds $2,907,138 $2,907,138 $1,407,138 $1,407,138 TOTAL PUBLIC FUNDS $2,907,138 $2,907,138 $1,407,138 $1,407,138 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized $37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409 $15,250 $15,250 $10,251,041 $10,251,041 $37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409 $15,250 $15,250 $10,251,041 $10,251,041 $37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409 $15,250 $15,250 $10,251,041 $10,251,041 $37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409 $15,250 $15,250 $10,251,041 $10,251,041 5034 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS 263.1 Defer the FY09 cost of living adjustment. $100,000 $100,000 $100,000 $69,297,433 $100,000 $100,000 $100,000 $69,297,433 $100,000 $100,000 $100,000 $69,297,433 $100,000 $100,000 $100,000 $69,297,433 State General Funds ($332,523) ($332,523) ($332,523) ($332,523) 263.2 Defer 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) ($1,411,373) ($1,411,373) 263.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($857,319) ($740,846) $0 $0 263.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $22,660 $22,660 $22,660 $22,660 263.5 Reduce funds received in HB990 (FY09G) to construct a campground and trail at the Berry College Wildlife Management Area (WMA). State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 263.6 Reduce funds by eliminating ten vacant law enforcement positions funded in HB990 (FY09G). State General Funds ($450,000) ($450,000) ($450,000) ($450,000) 263.7 Reduce funds due to outsourcing of License and Boat Registration Unit functions and eliminating seven related positions. State General Funds ($269,107) ($269,107) ($269,107) ($269,107) 263.8 Reduce funds designated for vehicle purchases. FRIDAY, APRIL 3, 2009 5035 State General Funds ($138,407) ($138,407) ($138,407) ($138,407) 263.9 Reduce funds by eliminating one vacant position for the Lake Burton cold-water hatchery. State General Funds ($47,896) ($47,896) ($47,896) ($47,896) 263.10 Reduce funds from the Bobwhite Quail Initiative and replace with receipts from license plate sales. State General Funds ($538,163) ($538,163) ($538,163) ($538,163) 263.11 Reduce funds due to reductions in acres leased as a result of nearby state land acquisitions. (H and CC:Decrease the initial acreage to be reduced to provide for continued access for hunting and fishing) State General Funds ($106,134) $0 ($106,134) $0 263.12 Reduce funds and return select WMAs operated on federal lands to federal management. (H and CC:Decrease the initial acreage to be reduced to provide for continued access for hunting and fishing) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($391,403) ($587,105) ($978,508) ($170,537) ($587,105) ($757,642) ($391,403) ($587,105) ($978,508) ($170,537) ($587,105) ($757,642) 263.13 Reduce funds from the Charlie Elliott Wildlife Center. State General Funds ($49,719) ($49,719) ($49,719) ($49,719) 263.14 Reduce funds by eliminating ten vacant conservation ranger positions. State General Funds ($478,960) ($478,960) ($478,960) ($478,960) 263.15 Reduce funds from contracts. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 263.16 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 263.17 Reduce funds to reflect the revised revenue estimate. State General Funds ($165,219) ($165,219) ($165,219) ($165,219) 263.18 Reduce funds for flathead catfish management. (S:Shift focus of project to certify private citizens to eradicate flathead catfish)(CC:Investigate the option of certifying private citizens to eradicate flathead catfish) State General Funds ($200,000) ($100,000) ($100,000) 263.19 Reduce funds received in HB85 (FY06G) and eliminate the vacant deadhead logger position. State General Funds ($50,000) ($50,000) ($50,000) 5036 JOURNAL OF THE SENATE 263.99 CC: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. Senate: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. State General Funds $0 $0 263.100-Wildlife Resources Appropriation (HB 119) The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. TOTAL STATE FUNDS $32,190,084 $32,383,557 $32,897,403 $33,224,403 State General Funds $32,190,084 $32,383,557 $32,897,403 $33,224,403 TOTAL FEDERAL FUNDS $16,705,981 $16,705,981 $16,705,981 $16,705,981 Federal Funds Not Itemized $16,705,981 $16,705,981 $16,705,981 $16,705,981 TOTAL AGENCY FUNDS $14,387,700 $14,387,700 $14,387,700 $14,387,700 Contributions, Donations, and Forfeitures $4,121,409 $4,121,409 $4,121,409 $4,121,409 Contributions, Donations, and Forfeitures Not Itemized $4,121,409 $4,121,409 $4,121,409 $4,121,409 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 $10,251,041 $10,251,041 $10,251,041 $10,251,041 Sales and Services Not Itemized $10,251,041 $10,251,041 $10,251,041 $10,251,041 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $100,000 $100,000 $100,000 $100,000 Agency Funds Transfers $100,000 $100,000 $100,000 $100,000 Agency Fund Transfers Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $63,383,765 $63,577,238 $64,091,084 $64,418,084 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, APRIL 3, 2009 5037 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 264.1 Defer the FY09 cost of living adjustment. $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 $1,802,507 State General Funds ($25,535) ($25,535) ($25,535) ($25,535) 264.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($35,057) ($30,294) $0 $0 264.3 Reduce funds from operations. State General Funds ($172,952) ($172,952) ($172,952) ($172,952) 264.4 Reduce funds received in HB990 (FY09G) to assist the Laurens County Agriculture and Exposition Center. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 264.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,316) ($15,316) ($15,316) ($15,316) 264.99 CC: The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events. Senate: The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events. State General Funds $0 $0 264.100-Payments to Georgia Agricultural Exposition Authority Appropriation (HB 119) The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events. TOTAL STATE FUNDS $1,528,647 $1,533,410 $1,563,704 $1,563,704 State General Funds $1,528,647 $1,533,410 $1,563,704 $1,563,704 5038 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $1,528,647 $1,533,410 $1,563,704 $1,563,704 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 265.1 Defer the FY09 cost of living adjustment. $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 $1,124,176 State General Funds ($8,168) ($8,168) ($8,168) ($8,168) 265.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($45,372) ($39,208) $0 $0 265.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($54) ($54) ($54) ($54) 265.4 Reduce funds from operations. State General Funds ($109,888) ($109,888) ($109,888) ($109,888) 265.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,889) ($9,889) ($9,889) ($9,889) 265.6 Reduce funds received in HB95 (FY08G) for operations. State General Funds ($155,000) ($155,000) ($155,000) 265.7 Reduce funds received for repairs and maintenance in HB1027 (FY07G). State General Funds ($32,820) ($32,820) ($32,820) 265.8 Reduce funds from personnel received in HB990 (FY09G). State General Funds ($33,109) ($33,109) ($33,109) FRIDAY, APRIL 3, 2009 5039 265.99 CC: The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and rural history and to present agriculture and rural history to the general public and school groups. Senate: The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and rural history and to present agriculture and rural history to the general public and school groups. State General Funds $0 $0 265.100-Payments to Georgia Agrirama Development Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and rural history and to present agriculture and rural history to the general public and school groups. TOTAL STATE FUNDS $950,805 $736,040 $775,248 $775,248 State General Funds $950,805 $736,040 $775,248 $775,248 TOTAL PUBLIC FUNDS $950,805 $736,040 $775,248 $775,248 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 State General Funds TOTAL PUBLIC FUNDS 266.1 Eliminate funds. (H and S:Reduce funds by 25%) $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 State General Funds ($100,000) ($25,000) ($25,000) ($25,000) 266.100-Payments to Lake Allatoona Preservation Authority Appropriation (HB 119) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. TOTAL STATE FUNDS $75,000 $75,000 State General Funds $75,000 $75,000 TOTAL PUBLIC FUNDS $75,000 $75,000 $75,000 $75,000 $75,000 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. 5040 JOURNAL OF THE SENATE TOTAL STATE FUNDS $371,964 State General Funds $371,964 TOTAL PUBLIC FUNDS $371,964 267.1 Reduce funds from operations. (H:Eliminate remaining state funds) $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 $371,964 State General Funds ($37,196) ($261,595) ($37,196) ($50,000) 267.2 Reduce funds from operations and utilize existing agency funds. State General Funds ($108,102) ($108,102) ($108,102) ($108,102) 267.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($2,267) ($2,267) ($2,267) ($2,267) 267.99 CC: The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in Crisp and Sumter counties located in Southwest Georgia. Senate: The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in an effort to generate economic stimulus in two Tier 1 counties (Crisp and Sumter) located in Southwest Georgia. State General Funds $0 $0 267.100-Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 119) The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in Crisp and Sumter counties located in Southwest Georgia. TOTAL STATE FUNDS $224,399 $224,399 $211,595 State General Funds $224,399 $224,399 $211,595 TOTAL PUBLIC FUNDS $224,399 $224,399 $211,595 Georgia State Games Commission Continuation Budget TOTAL STATE FUNDS State General Funds 507.1 Increase funds. $0 $0 $0 $0 $0 $0 State General Funds $25,000 $25,000 $25,000 507.99 CC: The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. Senate: The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. State General Funds $0 $0 FRIDAY, APRIL 3, 2009 5041 507.100-Georgia State Games Commission Appropriation (HB 119) The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. TOTAL STATE FUNDS $25,000 $25,000 State General Funds $25,000 $25,000 TOTAL PUBLIC FUNDS $25,000 $25,000 $25,000 $25,000 $25,000 Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites 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 Convention Center and Golf Course - $579,346 for 16 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 16 of 20 years; last payment being made June 15, 2014. Section 34: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $58,439,590 $58,439,590 $806,050 $806,050 $59,245,640 $58,439,590 $58,439,590 $806,050 $806,050 $59,245,640 $58,439,590 $58,439,590 $806,050 $806,050 $59,245,640 $58,439,590 $58,439,590 $806,050 $806,050 $59,245,640 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $51,964,369 $52,185,773 $51,964,369 $52,185,773 $806,050 $806,050 $806,050 $806,050 $52,770,419 $52,991,823 $53,417,306 $53,417,306 $806,050 $806,050 $54,223,356 $53,417,306 $53,417,306 $806,050 $806,050 $54,223,356 Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support for the agency. 5042 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 268.1 Defer the FY09 cost of living adjustment. $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 $6,337,655 State General Funds ($41,291) ($41,291) ($41,291) ($41,291) 268.2 Defer structure adjustments to the statewide salary plan. State General Funds ($199) ($199) ($199) ($199) 268.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($130,040) ($112,373) $0 $0 268.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $204,101 $204,101 $204,101 $204,101 268.5 Reduce one-time funds received in HB990 (FY09G) for the Clemency Online Navigation System (CONS). State General Funds ($479,896) ($479,896) ($479,896) ($479,896) 268.6 Reduce funds from the Training Unit by eliminating speakers at conferences, special training courses, and employee participation in the Georgia Leadership Institute. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 268.7 Reduce funds from the Research, Evaluation, and Technology (RET) contract for hardware/software maintenance and installation services. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 268.8 Reduce funds by consolidating Lotus Notes servers and reducing the number of IT licenses required. State General Funds ($16,841) ($16,841) ($16,841) ($16,841) 268.9 Reduce funds from operations. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 268.10 Reduce funds by eliminating one vacant position in Human Resources. FRIDAY, APRIL 3, 2009 5043 State General Funds ($74,682) 268.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($56,786) 268.12 Reduce merit system assessments from $147 to $137 per position. State General Funds ($74,682) ($56,786) ($11,516) ($74,682) ($56,786) ($607) ($74,682) ($56,786) ($607) 268.100-Board Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,597,021 $5,603,172 $5,726,454 State General Funds $5,597,021 $5,603,172 $5,726,454 TOTAL PUBLIC FUNDS $5,597,021 $5,603,172 $5,726,454 $5,726,454 $5,726,454 $5,726,454 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 269.1 Defer the FY09 cost of living adjustment. $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 $11,247,418 State General Funds ($120,359) ($120,359) ($120,359) ($120,359) 269.2 Defer structure adjustments to the statewide salary plan. State General Funds ($581) ($581) ($581) ($581) 269.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($378,016) ($326,660) $0 $0 269.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. 5044 JOURNAL OF THE SENATE State General Funds $50,552 $50,552 $50,552 $50,552 269.5 Reduce funds from telecommunications. State General Funds ($21,858) ($21,858) ($21,858) ($21,858) 269.6 Reduce funds by eliminating two positions in the Investigations Unit. State General Funds ($54,000) ($54,000) ($54,000) ($54,000) 269.7 Reduce funds by eliminating three vacant data transcriber positions. State General Funds ($84,000) ($84,000) ($84,000) ($84,000) 269.8 Reduce funds and eliminate travel to support victims' day and regional visitors' day programs. State General Funds ($17,425) ($17,425) ($17,425) ($17,425) 269.9 Reduce funds by restructuring a position in legal services. State General Funds ($48,000) ($48,000) ($48,000) ($48,000) 269.10 Eliminate funds for scanner operator upgrades for the Clemency Online Navigation System (CONS). State General Funds ($59,000) ($59,000) ($59,000) ($59,000) 269.11 Transfer funds to the Parole Supervision program for pre-parole investigations. State General Funds ($3,894,213) ($3,894,213) ($3,894,213) ($3,894,213) 269.12 Reduce funds to reflect the revised revenue estimate. State General Funds ($66,925) ($66,925) ($66,925) ($66,925) 269.13 Reduce merit system assessments from $147 to $137 per position. State General Funds ($13,493) ($13,493) 269.99 CC: The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole, investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program. Senate: The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole, investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program. State General Funds $0 $0 269.100-Clemency Decisions Appropriation (HB 119) The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding FRIDAY, APRIL 3, 2009 5045 offender eligibility for parole, investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program. TOTAL STATE FUNDS $6,553,593 $6,604,949 $6,918,116 $6,918,116 State General Funds $6,553,593 $6,604,949 $6,918,116 $6,918,116 TOTAL PUBLIC FUNDS $6,553,593 $6,604,949 $6,918,116 $6,918,116 Parole Supervision Continuation Budget The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 270.1 Defer the FY09 cost of living adjustment. $40,293,558 $40,293,558 $806,050 $806,050 $41,099,608 $40,293,558 $40,293,558 $806,050 $806,050 $41,099,608 $40,293,558 $40,293,558 $806,050 $806,050 $41,099,608 $40,293,558 $40,293,558 $806,050 $806,050 $41,099,608 State General Funds ($385,064) ($385,064) ($385,064) ($385,064) 270.2 Defer structure adjustments to the statewide salary plan. State General Funds ($1,860) ($1,860) ($1,860) ($1,860) 270.3 Defer the special pay raise for parole officers, assistant chief parole officers, and chief/regional directors (manager II) to address retention and compression issues. State General Funds ($1,288,218) ($1,288,218) ($1,288,218) ($1,288,218) 270.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,191,190) ($1,029,359) $0 $0 270.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $275,716 $275,716 $275,716 $275,716 5046 JOURNAL OF THE SENATE 270.6 Reduce funds from equipment. State General Funds ($7,978) ($7,978) ($7,978) ($7,978) 270.7 Reduce funds from parolee health services. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 270.8 Reduce funds from the Command College by utilizing asset forfeiture funds. State General Funds ($9,150) ($9,150) ($9,150) ($9,150) 270.9 Reduce funds from the annual Parole Training Conference. State General Funds ($86,707) ($86,707) ($86,707) ($86,707) 270.10 Reduce funds by eliminating eighteen vacant parole officer positions. State General Funds ($777,880) ($777,880) ($777,880) ($777,880) 270.11 Reduce funds from the Atlanta Parole Reporting Center. State General Funds ($92,415) ($92,415) ($92,415) ($92,415) 270.12 Reduce funds due to savings realized from GTA pricing reductions and the regulation of phone services. State General Funds ($92,400) ($92,400) ($92,400) ($92,400) 270.13 Reduce funds and central office staff travel for town hall events that solicit partnerships and resources from the faith based community to assist with offender reentry and successful reintegration. State General Funds ($8,400) ($8,400) ($8,400) ($8,400) 270.14 Transfer funds from the Clemency Decisions for pre-parole investigations. State General Funds $3,894,213 $3,894,213 $3,894,213 $3,894,213 270.15 Eliminate funds for the Residential Substance Abuse Treatment program. State General Funds ($721,000) ($721,000) ($721,000) ($721,000) 270.16 Reduce funds to reflect the revised revenue estimate. State General Funds ($400,080) ($400,080) ($400,080) ($400,080) 270.17 Transfer funds from the Clemency Decisions program for merit system assessments. State General Funds $2,791 $2,791 270.18 Reduce funds by charging parolees for Global Positioning System (GPS) monitoring. (CC:Reduce funds from contracts) State General Funds ($250,000) ($250,000) 270.99 CC: The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens FRIDAY, APRIL 3, 2009 5047 by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution. Senate: The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution. State General Funds $0 $0 270.100-Parole Supervision Appropriation (HB 119) The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution. TOTAL STATE FUNDS $39,381,145 $39,542,976 $40,325,126 $40,325,126 State General Funds $39,381,145 $39,542,976 $40,325,126 $40,325,126 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $40,187,195 $40,349,026 $41,131,176 $41,131,176 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 271.1 Defer the FY09 cost of living adjustment. $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 $560,959 State General Funds ($5,110) ($5,110) ($5,110) ($5,110) 271.2 Defer structure adjustments to the statewide salary plan. State General Funds ($25) ($25) ($25) ($25) 271.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 5048 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($15,207) ($13,141) $0 $0 271.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $5,777 $5,777 $5,777 $5,777 271.5 Reduce funds and eliminate travel to support victims' days. State General Funds ($4,000) ($4,000) ($4,000) ($4,000) 271.6 Reduce funds from contracts to hire additional staff through efficiencies in private partner agreements. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 271.7 Reduce funds by eliminating one business operations position. State General Funds ($45,385) ($45,385) ($45,385) ($45,385) 271.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,399) ($4,399) ($4,399) ($4,399) 271.9 Reduce merit system assessments from $147 to $137 per position. State General Funds ($207) ($207) 271.99 CC: The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state corrections system. Senate: The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state corrections system. State General Funds $0 $0 271.100-Victim Services Appropriation (HB 119) The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state corrections system. TOTAL STATE FUNDS $432,610 $434,676 $447,610 $447,610 State General Funds $432,610 $434,676 $447,610 $447,610 FRIDAY, APRIL 3, 2009 5049 TOTAL PUBLIC FUNDS $432,610 $434,676 $447,610 $447,610 Section 35: Properties Commission, State TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $1,037,739 $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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $417,295 $417,295 $417,295 $417,295 State Funds Transfers $417,295 $417,295 $417,295 $417,295 Rental Payments $417,295 $417,295 $417,295 $417,295 TOTAL PUBLIC FUNDS $417,295 $417,295 $417,295 $417,295 272.98 Transfer all funds and activities to the State Properties Commission program to further support the portfolio management approach to property management. Rental Payments ($417,295) ($417,295) ($417,295) ($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 $0 $0 $620,444 $620,444 $0 $0 $620,444 $620,444 $0 $0 $620,444 $620,444 $0 $0 $620,444 $620,444 5050 JOURNAL OF THE SENATE Rental Payments $620,444 $620,444 $620,444 $620,444 TOTAL PUBLIC FUNDS $620,444 $620,444 $620,444 $620,444 273.98 Transfer all funds and activities from the Leasing program to further support the portfolio management approach to property management. Rental Payments $417,295 $417,295 $417,295 $417,295 273.99 CC: The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions. Senate: The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions. State General Funds $0 $0 273.100-Properties Commission, State Appropriation (HB 119) The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,037,739 $1,037,739 $1,037,739 $1,037,739 State Funds Transfers $1,037,739 $1,037,739 $1,037,739 $1,037,739 Rental Payments $1,037,739 $1,037,739 $1,037,739 $1,037,739 TOTAL PUBLIC FUNDS $1,037,739 $1,037,739 $1,037,739 $1,037,739 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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 504.1 Reduce funds ($111,579) by closing the Capitol Education Center, and realize savings through a reduction in utilities and the elimination of one position. Rental Payments $0 $0 $0 $0 504.2 Reduce funds ($750,387) designated for the Capitol Hill security contract due to staffing optimization, building closures, and a reduction in equipment purchases. FRIDAY, APRIL 3, 2009 5051 Rental Payments $0 $0 $0 $0 504.3 Reduce funds ($815,704) designated for central energy plant usage and utility costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities. Rental Payments $0 $0 $0 $0 504.4 Reduce funds ($208,277) from contracts for temporary labor, in access control systems, and other miscellaneous contracts. Rental Payments $0 $0 $0 $0 504.5 Reduce funds ($749,445) designated for custodial contracts through the elimination of two cleaning days per week in state buildings, and transfer cleaning services at specific facilities to Georgia Building Authority (GBA) staff. Rental Payments $0 $0 $0 $0 504.6 Reduce funds ($161,494) from operations. Rental Payments $0 $0 $0 $0 504.7 Utilize savings ($2,796,886) for facility repairs capital projects. Rental Payments $0 $0 $0 $0 Section 36: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Continuation $40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957 $40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957 $40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957 $40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Final $34,331,113 $41,038,315 $34,331,113 $41,038,315 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $36,031,113 $42,738,315 $37,089,395 $37,089,395 $1,700,000 $1,700,000 $38,789,395 $39,789,395 $39,789,395 $1,700,000 $1,700,000 $41,489,395 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 5052 JOURNAL OF THE SENATE Central Office. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS 274.1 Defer the FY09 cost of living adjustment. $7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568 $7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568 $7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568 $7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568 State General Funds ($75,437) ($75,437) ($75,437) ($75,437) 274.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($4,687) ($4,687) ($4,687) ($4,687) 274.3 Reduce funds by freezing vacant positions and re-organizing positions throughout the agency. State General Funds ($361,144) ($361,144) ($361,144) ($361,144) 274.4 Reduce funds from the central office by eliminating supply orders, renegotiating the Georgia Technology Authority contract, consolidating office space, and reducing the use of all state vehicles. State General Funds ($400,820) ($400,820) ($400,820) ($400,820) 274.5 Reduce funds from training except for three mandatory training classes for public defenders. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 274.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($65,557) ($65,557) ($65,557) ($65,557) 274.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($6,860) ($6,860) ($6,860) 274.8 Increase funds for all outstanding capital case liabilities over a two-year period beginning with liabilities for Fiscal Years 2005, 2006, 2007, and 2008. State General Funds $1,189,691 $0 $0 274.100-Public Defender Standards Council Appropriation (HB 119) The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. FRIDAY, APRIL 3, 2009 5053 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $6,048,923 $6,048,923 $1,700,000 $1,700,000 $1,700,000 $7,748,923 $7,231,754 $7,231,754 $1,700,000 $1,700,000 $1,700,000 $8,931,754 $6,042,063 $6,042,063 $1,700,000 $1,700,000 $1,700,000 $7,742,063 $6,042,063 $6,042,063 $1,700,000 $1,700,000 $1,700,000 $7,742,063 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 PUBLIC FUNDS 275.1 Defer the FY09 cost of living adjustment. $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 $33,283,389 State General Funds ($342,099) ($342,099) ($342,099) ($342,099) 275.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($1,208,653) ($1,044,450) $0 $0 275.3 Reduce funds from the six circuits that opt-out of the statewide public defender system by only funding the minimum amount per position and reducing payments by 6%. State General Funds ($289,552) ($289,552) ($289,552) ($289,552) 275.4 Reduce funds from circuit offices. State General Funds ($682,750) ($682,750) ($682,750) ($682,750) 275.5 Reduce funds by freezing vacant positions. State General Funds ($494,048) ($494,048) ($494,048) ($494,048) 275.6 Reduce funds from contracts in the appellate division based on anticipated need. 5054 JOURNAL OF THE SENATE State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 275.7 Reduce funds from Conflict Offices by closing all four locations and relocating staff to the Circuit Offices. State General Funds ($154,000) ($154,000) ($154,000) ($154,000) 275.8 Reduce funds from conflict cases. (H and CC:Provide partial funds for FY09-FY10 conflict cases) State General Funds ($1,333,333) $2,166,667 $0 $1,089,832 275.9 Reduce funds from conflict offices by freezing two positions. State General Funds ($153,387) ($153,387) ($153,387) ($153,387) 275.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($283,377) ($283,377) ($283,377) ($283,377) 275.11 Increase funds for three additional Assistant Public Defenders associated with the creation of additional judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session). State General Funds $250,000 $223,156 $223,156 275.12 Increase funds for all outstanding non-capital conflict liabilities over a two-year period beginning with liabilities for Fiscal Years 2005 ($97,228), 2006 ($317,446), 2007 ($612,151) and 2008 ($583,343). (CC:Reflect appropriation in line 275.101) State General Funds $1,610,168 $0 $0 275.99 CC: 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. Senate: 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. House: 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 O.C.G.A. 17-12-2. Gov Rev: 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 O.C.G.A. 17-12-2. State General Funds $0 $0 $0 $0 275.100-Public Defenders Appropriation (HB 119) 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. FRIDAY, APRIL 3, 2009 5055 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $28,282,190 $28,282,190 $28,282,190 $33,806,561 $33,806,561 $33,806,561 $31,047,332 $31,047,332 $31,047,332 $32,137,164 $32,137,164 $32,137,164 275.101 Special Project - Public Defenders: Increase funds for all outstanding non-capital conflict liabilities over a two-year period beginning with liabilities for Fiscal Years 2005 ($97,228), 2006 ($317,446), 2007 ($612,151), and 2008 ($583,343). State General Funds $1,610,168 Section 37: Public Safety, 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $135,260,351 $135,260,351 $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 $182,492,030 $135,260,351 $135,260,351 $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 $182,492,030 $135,260,351 $135,260,351 $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 $182,492,030 $135,260,351 $135,260,351 $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 $182,492,030 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Section Total - Final $102,557,432 $103,903,319 $102,557,432 $103,903,319 $37,477,258 $37,477,258 $8,872,757 $8,872,757 $28,604,501 $28,604,501 $17,610,178 $17,240,178 $7,503,871 $7,503,871 $707,000 $337,000 $9,199,307 $9,199,307 $103,869,803 $103,869,803 $37,960,258 $8,872,757 $29,087,501 $17,240,178 $7,503,871 $337,000 $9,199,307 $106,167,357 $106,167,357 $37,960,258 $8,872,757 $29,087,501 $17,240,178 $7,503,871 $337,000 $9,199,307 5056 JOURNAL OF THE SENATE Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $200,000 $1,017,000 $1,017,000 $158,661,868 $200,000 $1,017,000 $1,017,000 $159,637,755 $200,000 $1,017,000 $1,017,000 $160,087,239 $200,000 $1,017,000 $1,017,000 $162,384,793 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS 276.1 Defer the FY09 cost of living adjustment. $2,843,588 $2,843,588 $200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588 $2,843,588 $2,843,588 $200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588 $2,843,588 $2,843,588 $200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588 $2,843,588 $2,843,588 $200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588 State General Funds ($19,149) ($19,149) ($19,149) ($19,149) 276.2 Defer structure adjustments to the statewide salary plan. State General Funds ($121) ($121) ($121) ($121) 276.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($62,606) ($54,101) $0 $0 276.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($61,042) ($61,042) ($61,042) ($61,042) 276.5 Remove one-time funds realized from insurance proceeds in FY08. FRIDAY, APRIL 3, 2009 5057 Rebates, Refunds, and Reimbursements Not Itemized ($370,000) ($370,000) ($370,000) 276.99 CC: The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. Senate: The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. State General Funds $0 $0 276.100 -Aviation Appropriation (HB 119) The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. TOTAL STATE FUNDS $2,700,670 $2,709,175 $2,763,276 $2,763,276 State General Funds $2,700,670 $2,709,175 $2,763,276 $2,763,276 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $370,000 Rebates, Refunds, and Reimbursements $370,000 Rebates, Refunds, and Reimbursements Not Itemized $370,000 TOTAL PUBLIC FUNDS $3,270,670 $2,909,175 $2,963,276 $2,963,276 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $0 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871 $0 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871 5058 JOURNAL OF THE SENATE 277.99 CC: The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol. Senate: The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol. Intergovernmental Transfers Not Itemized $0 $0 277.100-Capitol Police Services Appropriation (HB 119) The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol. TOTAL AGENCY FUNDS $7,503,871 $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers $7,503,871 $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers Not Itemized $7,503,871 $7,503,871 $7,503,871 $7,503,871 TOTAL PUBLIC FUNDS $7,503,871 $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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 278.1 Defer the FY09 cost of living adjustment. $9,023,817 $9,023,817 $15,571 $15,571 $9,039,388 $9,023,817 $9,023,817 $15,571 $15,571 $9,039,388 $9,023,817 $9,023,817 $15,571 $15,571 $9,039,388 $9,023,817 $9,023,817 $15,571 $15,571 $9,039,388 State General Funds ($84,536) ($84,537) ($84,537) ($84,537) 278.2 Defer structure adjustments to the statewide salary plan. State General Funds ($535) ($535) ($535) ($535) 278.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce FRIDAY, APRIL 3, 2009 5059 funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($276,383) ($238,835) $0 $0 278.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($135,002) ($135,002) ($135,002) ($135,002) 278.5 Reduce funds by assigning five security officers to the Capitol Police. State General Funds ($196,840) ($196,840) ($196,840) ($196,840) 278.6 Reduce funds and defer filling three vacant administrative positions. State General Funds ($282,441) ($282,441) ($282,441) ($282,441) 278.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($18,317) ($18,317) ($18,317) 278.100-Departmental Administration Appropriation (HB 119) 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 $8,048,080 $8,067,310 $8,306,145 $8,306,145 State General Funds $8,048,080 $8,067,310 $8,306,145 $8,306,145 TOTAL FEDERAL FUNDS $15,571 $15,571 $15,571 $15,571 Federal Funds Not Itemized $15,571 $15,571 $15,571 $15,571 TOTAL PUBLIC FUNDS $8,063,651 $8,082,881 $8,321,716 $8,321,716 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 279.1 Defer the FY09 cost of living adjustment. $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 $1,511,025 State General Funds ($17,435) ($17,435) ($17,435) ($17,435) 5060 JOURNAL OF THE SENATE 279.2 Defer structure adjustments to the statewide salary plan. State General Funds ($111) ($111) ($111) ($111) 279.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($57,005) ($49,260) $0 $0 279.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($5,400) ($5,400) ($5,400) ($5,400) 279.99 CC: The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important individuals as determined by the Commissioner. Senate: The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important individuals as determined by the Commissioner. State General Funds $0 $0 279.100-Executive Security Services Appropriation (HB 119) The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important individuals as determined by the Commissioner. TOTAL STATE FUNDS $1,431,074 $1,438,819 $1,488,079 $1,488,079 State General Funds $1,431,074 $1,438,819 $1,488,079 $1,488,079 TOTAL PUBLIC FUNDS $1,431,074 $1,438,819 $1,488,079 $1,488,079 Field Offices and Services Continuation Budget 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 $90,670,897 $90,670,897 $90,670,897 $90,670,897 FRIDAY, APRIL 3, 2009 5061 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS 280.1 Defer the FY09 cost of living adjustment. $90,670,897 $3,118,316 $3,118,316 $1,252,400 $337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613 $90,670,897 $3,118,316 $3,118,316 $1,252,400 $337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613 $90,670,897 $3,118,316 $3,118,316 $1,252,400 $337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613 $90,670,897 $3,118,316 $3,118,316 $1,252,400 $337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613 State General Funds ($732,603) ($732,603) ($732,603) ($732,603) 280.2 Defer structure adjustments to the statewide salary plan. State General Funds ($4,639) ($4,639) ($4,639) ($4,639) 280.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($2,395,209) ($2,069,804) $0 $0 280.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($735,491) ($735,491) ($735,491) ($735,491) 280.5 Reduce one-time funds received in HB990 (FY09G) for the computer-aided dispatch system and computer terminals in patrol vehicles. State General Funds ($1,549,566) ($1,549,566) ($1,549,566) ($1,549,566) 280.6 Reduce funds to reflect savings realized from the consolidation of communication centers and by eliminating twelve vacant and forty-three filled radio operator positions. State General Funds ($2,034,465) ($2,034,465) ($2,034,465) ($2,034,465) 5062 JOURNAL OF THE SENATE 280.7 Reduce funds from vacant trooper positions. State General Funds ($654,035) ($654,035) ($654,035) ($654,035) 280.8 Reduce funds associated with ten additional troopers assigned to the Atlanta Motorcycle Unit and fund with citation revenue. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 280.9 Reduce funds by temporarily freezing trooper promotions resulting in attrition among officer ranks of corporal through captain. State General Funds ($230,902) ($230,902) ($230,902) ($230,902) 280.10 Reduce funds by utilizing forty troopers in the Motor Carrier Compliance Division (MCCD) to provide increased commercial vehicle speed and compliance enforcement. State General Funds ($2,592,978) ($2,592,978) ($2,592,978) ($2,592,978) 280.11 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel, and changing the uniform replacement policy. State General Funds ($1,645,725) ($1,645,725) ($1,645,725) ($1,645,725) 280.12 Reduce funds from the private security contract and assign twenty-two troopers positions in the Capitol Police to be funded with Georgia Building Authority rental revenue. State General Funds ($1,426,138) ($1,426,138) ($1,426,138) ($1,426,138) 280.13 Eliminate funds for the 86th Trooper School. State General Funds ($2,847,456) ($2,847,456) ($2,847,456) ($2,847,456) 280.14 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($8,872,757) $8,872,757 $0 ($8,872,757) $8,872,757 $0 ($8,872,757) $8,872,757 $0 ($8,872,757) $8,872,757 $0 280.15 Reduce funds to reflect the revised revenue estimate. State General Funds ($494,465) ($494,465) ($494,465) 280.16 Increase funds to replace twenty-three trooper vehicles with over 135,000 miles. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $483,000 $0 $483,000 $483,000 $0 $483,000 $483,000 280.17 Reduce funds from the 85th Trooper School. (CC:Reduce funds received for operating costs associated with trooper schools) FRIDAY, APRIL 3, 2009 5063 State General Funds ($1,500,000) ($500,000) 280.99 CC: The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit. Senate: The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit. State General Funds $0 $0 280.100-Field Offices and Services Appropriation (HB 119) The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit. TOTAL STATE FUNDS $64,818,933 $65,132,873 $65,219,677 $66,219,677 State General Funds $64,818,933 $65,132,873 $65,219,677 $66,219,677 TOTAL FEDERAL FUNDS $11,991,073 $11,991,073 $12,474,073 $12,474,073 American Recovery and Reinvestment Act of 2009 $8,872,757 $8,872,757 $8,872,757 $8,872,757 Federal Funds Not Itemized $3,118,316 $3,118,316 $3,601,316 $3,601,316 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 $1,252,400 Rebates, Refunds, and Reimbursements $337,000 $337,000 $337,000 $337,000 Rebates, Refunds, and Reimbursements Not Itemized $337,000 $337,000 $337,000 $337,000 Sales and Services $715,400 $715,400 $715,400 $715,400 Sales and Services Not Itemized $715,400 $715,400 $715,400 $715,400 Sanctions, Fines, and Penalties $200,000 $200,000 $200,000 $200,000 Sanctions, Fines, and Penalties Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $78,062,406 $78,376,346 $78,946,150 $79,946,150 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. 5064 JOURNAL OF THE SENATE 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 281.1 Defer the FY09 cost of living adjustment. $8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293 $8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293 $8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293 $8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293 State General Funds ($143,942) ($143,942) ($143,942) ($143,942) 281.2 Defer structure adjustments to the statewide salary plan. State General Funds ($911) ($911) ($911) ($911) 281.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($446,079) ($385,476) $0 $0 281.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($135,177) ($135,177) ($135,177) ($135,177) 281.5 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel, and changing the uniform replacement policy. State General Funds ($488,044) ($488,044) ($488,044) ($488,044) 281.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($494,465) $0 $0 $0 281.99 CC: The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and criminal laws through the Department of Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High Occupancy Vehicle lane use restriction enforcement. Senate: The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and FRIDAY, APRIL 3, 2009 5065 criminal laws through the Department of Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High Occupancy Vehicle lane use restriction enforcement. State General Funds $0 $0 281.100-Motor Carrier Compliance Appropriation (HB 119) The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and criminal laws through the Department of Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High Occupancy Vehicle lane use restriction enforcement. TOTAL STATE FUNDS $6,570,305 $7,125,373 $7,510,849 $7,510,849 State General Funds $6,570,305 $7,125,373 $7,510,849 $7,510,849 TOTAL FEDERAL FUNDS $6,550,143 $6,550,143 $6,550,143 $6,550,143 Federal Funds Not Itemized $6,550,143 $6,550,143 $6,550,143 $6,550,143 TOTAL AGENCY FUNDS $6,510,227 $6,510,227 $6,510,227 $6,510,227 Sales and Services $6,510,227 $6,510,227 $6,510,227 $6,510,227 Sales and Services Not Itemized $6,510,227 $6,510,227 $6,510,227 $6,510,227 TOTAL PUBLIC FUNDS $19,630,675 $20,185,743 $20,571,219 $20,571,219 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 282.1 Defer the FY09 cost of living adjustment. $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 $3,106,754 State General Funds ($29,122) ($29,122) ($29,122) ($29,122) 282.2 Defer structure adjustments to the statewide salary plan. State General Funds ($184) ($184) ($184) ($184) 282.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the 5066 JOURNAL OF THE SENATE cost of the plan) State General Funds ($95,212) ($82,277) $0 $0 282.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($5,400) ($5,400) ($5,400) ($5,400) 282.99 CC: The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for complex crash and crime scene investigations upon request. Senate: The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for complex crash and crime scene investigations upon request. State General Funds $0 $0 282.100-Specialized Collision Reconstruction Team Appropriation (HB 119) The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for complex crash and crime scene investigations upon request. TOTAL STATE FUNDS $2,976,836 $2,989,771 $3,072,048 $3,072,048 State General Funds $2,976,836 $2,989,771 $3,072,048 $3,072,048 TOTAL PUBLIC FUNDS $2,976,836 $2,989,771 $3,072,048 $3,072,048 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 283.1 Defer the FY09 cost of living adjustment. $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 $2,595,107 State General Funds ($29,482) ($29,482) ($29,482) ($29,482) 283.2 Defer structure adjustments to the statewide salary plan. State General Funds ($187) ($187) ($187) ($187) FRIDAY, APRIL 3, 2009 5067 283.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($96,391) ($83,296) $0 $0 283.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($4,050) ($4,050) ($4,050) ($4,050) 283.5 Reduce funds and defer filling three vacant administrative positions. State General Funds ($143,893) ($143,893) ($143,893) ($143,893) 283.6 Reduce funds from the Safety Education Unit. State General Funds ($1,297,554) $0 283.99 CC: The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the Georgia Strategic Highway Safety Plan and DPS Field Operations through educational outreach efforts, enforcement activities, and emergency response to public safety incidents. Senate: The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath- alcohol program for the State of Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the Georgia Strategic Highway Safety Plan and DPS Field Operations through educational outreach efforts, enforcement activities, and emergency response to public safety incidents. State General Funds $0 $0 283.100-Troop J Specialty Units Appropriation (HB 119) The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the Georgia Strategic Highway Safety Plan and DPS Field Operations through educational outreach efforts, enforcement activities, and emergency response to public safety incidents. TOTAL STATE FUNDS $2,321,104 $2,334,199 $1,119,941 $2,417,495 State General Funds $2,321,104 $2,334,199 $1,119,941 $2,417,495 5068 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $2,321,104 $2,334,199 $1,119,941 $2,417,495 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 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 $857,156 284.1 Defer the FY09 cost of living adjustment. State General Funds ($7,728) ($7,728) ($7,728) ($7,728) 284.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($24,547) ($21,212) $0 $0 284.3 Reduce funds paid to instructors. State General Funds ($83,106) ($83,106) ($83,106) ($83,106) 284.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,480) ($7,480) ($7,480) ($7,480) 284.100-Firefighter Standards and Training Council, Georgia Appropriation (HB 119) 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 $734,295 $737,630 $758,842 $758,842 State General Funds $734,295 $737,630 $758,842 $758,842 TOTAL PUBLIC FUNDS $734,295 $737,630 $758,842 $758,842 FRIDAY, APRIL 3, 2009 5069 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 $623,503 $623,503 $17,233,729 $17,233,729 $17,857,232 $623,503 $623,503 $17,233,729 $17,233,729 $17,857,232 $623,503 $623,503 $17,233,729 $17,233,729 $17,857,232 $623,503 $623,503 $17,233,729 $17,233,729 $17,857,232 285.1 Defer the FY09 cost of living adjustment. State General Funds ($2,009) ($2,009) ($2,009) ($2,009) 285.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($13,669) ($11,812) $0 $0 285.3 Reduce funds and defer filling one vacant administration manager position. State General Funds ($61,901) ($61,901) ($61,901) ($61,901) 285.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,571) ($5,571) ($5,571) ($5,571) 285.5 Reduce funds from operations. State General Funds ($100,000) ($100,000) 285.100-Highway Safety, Office of Appropriation (HB 119) 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 $540,353 $542,210 $454,022 $454,022 State General Funds $540,353 $542,210 $454,022 $454,022 TOTAL FEDERAL FUNDS $17,233,729 $17,233,729 $17,233,729 $17,233,729 5070 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $17,233,729 $17,774,082 $17,233,729 $17,775,939 $17,233,729 $17,687,751 $17,233,729 $17,687,751 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 286.1 Defer the FY09 cost of living adjustment. $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 $2,910,146 State General Funds ($19,369) ($19,369) ($19,369) ($19,369) 286.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($61,307) ($52,978) $0 $0 286.3 Reduce one-time funds received in HB990 (FY09G) for the contract with the Georgia Sheriffs' Association to deliver training associated with the Sex Offender Registration Act, jail services to counties, and training for fifty newly elected sheriffs. State General Funds ($435,652) ($435,652) ($435,652) ($435,652) 286.4 Reduce funds by eliminating one vacant audit position. State General Funds ($38,475) ($38,475) ($38,475) ($38,475) 286.5 Reduce funds through attrition. State General Funds ($72,044) ($72,044) ($72,044) ($72,044) 286.6 Reduce funds and utilize funds in the revenue account. State General Funds ($69,244) ($69,244) ($69,244) ($69,244) 286.7 Reduce funds from the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police contracts. FRIDAY, APRIL 3, 2009 5071 State General Funds ($67,115) ($67,115) ($67,115) ($67,115) 286.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($21,566) ($21,566) ($21,566) ($21,566) 286.99 CC: 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, certify individuals when all requirements are met, 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. Senate: 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, certify individuals when all requirements are met, 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. State General Funds $0 $0 286.100-Peace Officer Standards and Training Council, Georgia Appropriation (HB 119) 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, certify individuals when all requirements are met, 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 $2,125,374 $2,133,703 $2,186,681 $2,186,681 State General Funds $2,125,374 $2,133,703 $2,186,681 $2,186,681 TOTAL PUBLIC FUNDS $2,125,374 $2,133,703 $2,186,681 $2,186,681 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,839,435 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $12,839,435 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $12,839,435 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $12,839,435 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 5072 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 287.1 Defer the FY09 cost of living adjustment. $1,017,000 $1,017,000 $17,316,857 $1,017,000 $1,017,000 $17,316,857 $1,017,000 $1,017,000 $17,316,857 $1,017,000 $1,017,000 $17,316,857 State General Funds ($101,284) ($101,284) ($101,284) ($101,284) 287.2 Defer structure adjustments to the statewide salary plan. State General Funds ($2,353) ($2,353) ($2,353) ($2,353) 287.3 Defer salary adjustments for critical jobs. State General Funds ($59,702) ($59,702) ($59,702) ($59,702) 287.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($344,835) ($297,987) $0 $0 287.5 Reduce funds by discontinuing free meals for students receiving training. State General Funds ($1,383,844) ($1,383,844) ($1,383,844) ($1,383,844) 287.6 Reduce and defer funds received in HB95 (FY08G) to offer the Fire Officer Executive Supervision program. (H and S:Restore program) State General Funds ($500,000) ($145,000) ($145,000) ($145,000) 287.7 Reduce funds by eliminating individual dorm phone lines. State General Funds ($24,631) ($24,631) ($24,631) ($24,631) 287.8 Reduce funds by switching from mailers to post cards for student course notification. State General Funds ($7,600) ($7,600) ($7,600) ($7,600) 287.9 Reduce funds by eliminating gym staff evening hours. State General Funds ($7,200) ($7,200) ($7,200) ($7,200) 287.10 Reduce funds and postpone the availability of public safety diver and smoke diver specialty courses. State General Funds ($12,820) ($12,820) ($12,820) ($12,820) FRIDAY, APRIL 3, 2009 5073 287.11 Reduce funds to reflect the revised revenue estimate. State General Funds ($104,758) ($104,758) ($104,758) ($104,758) 287.99 CC: The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and the Georgia Fire Academy. Senate: The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and the Georgia Fire Academy. State General Funds $0 $0 287.100-Public Safety Training Center, Georgia Appropriation (HB 119) The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and the Georgia Fire Academy. TOTAL STATE FUNDS $10,290,408 $10,692,256 $10,990,243 $10,990,243 State General Funds $10,290,408 $10,692,256 $10,990,243 $10,990,243 TOTAL FEDERAL FUNDS $1,486,742 $1,486,742 $1,486,742 $1,486,742 Federal Funds Not Itemized $1,486,742 $1,486,742 $1,486,742 $1,486,742 TOTAL AGENCY FUNDS $1,973,680 $1,973,680 $1,973,680 $1,973,680 Sales and Services $1,973,680 $1,973,680 $1,973,680 $1,973,680 Sales and Services Not Itemized $1,973,680 $1,973,680 $1,973,680 $1,973,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,017,000 $1,017,000 $1,017,000 $1,017,000 State Funds Transfers $1,017,000 $1,017,000 $1,017,000 $1,017,000 Agency to Agency Contracts $1,017,000 $1,017,000 $1,017,000 $1,017,000 TOTAL PUBLIC FUNDS $14,767,830 $15,169,678 $15,467,665 $15,467,665 Section 38: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $10,348,009 $10,348,009 $600,000 $600,000 $70,000 $10,348,009 $10,348,009 $600,000 $600,000 $70,000 $10,348,009 $10,348,009 $600,000 $600,000 $70,000 $10,348,009 $10,348,009 $600,000 $600,000 $70,000 5074 JOURNAL OF THE SENATE Sales and Services TOTAL PUBLIC FUNDS $70,000 $11,018,009 $70,000 $11,018,009 $70,000 $11,018,009 $70,000 $11,018,009 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 $9,329,417 $9,470,255 $9,329,417 $9,470,255 $600,000 $600,000 $600,000 $600,000 $70,000 $70,000 $70,000 $70,000 $9,999,417 $10,140,255 $9,735,943 $9,735,943 $600,000 $600,000 $70,000 $70,000 $10,405,943 $9,735,943 $9,735,943 $600,000 $600,000 $70,000 $70,000 $10,405,943 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 288.1 Defer the FY09 cost of living adjustment. $1,282,864 $1,282,864 $70,000 $70,000 $70,000 $1,352,864 $1,282,864 $1,282,864 $70,000 $70,000 $70,000 $1,352,864 $1,282,864 $1,282,864 $70,000 $70,000 $70,000 $1,352,864 $1,282,864 $1,282,864 $70,000 $70,000 $70,000 $1,352,864 State General Funds ($13,167) ($13,167) ($13,167) ($13,167) 288.2 Defer structure adjustments to the statewide salary plan. State General Funds ($615) ($615) ($615) ($615) 288.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($46,113) ($39,848) $0 $0 288.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing FRIDAY, APRIL 3, 2009 5075 project. State General Funds $1,167 288.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,505) 288.6 Reduce merit system assessments from $147 to $137 per position. State General Funds $1,167 ($13,505) ($933) $1,167 ($13,505) ($933) $1,167 $0 ($933) 288.100-Commission Administration Appropriation (HB 119) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,210,631 $1,215,963 $1,255,811 State General Funds $1,210,631 $1,215,963 $1,255,811 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 $1,280,631 $1,285,963 $1,325,811 $1,269,316 $1,269,316 $70,000 $70,000 $70,000 $1,339,316 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 289.1 Defer the FY09 cost of living adjustment. $867,604 $867,604 $600,000 $600,000 $1,467,604 $867,604 $867,604 $600,000 $600,000 $1,467,604 $867,604 $867,604 $600,000 $600,000 $1,467,604 $867,604 $867,604 $600,000 $600,000 $1,467,604 State General Funds ($8,541) ($8,541) ($8,541) ($8,541) 289.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) 5076 JOURNAL OF THE SENATE State General Funds ($46,113) ($39,848) $0 $0 289.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $961 $961 $961 $961 289.99 CC: The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections. Senate: The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections. State General Funds $0 $0 289.100-Facility Protection Appropriation (HB 119) The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections. TOTAL STATE FUNDS $813,911 $820,176 $860,024 $860,024 State General Funds $813,911 $820,176 $860,024 $860,024 TOTAL FEDERAL FUNDS $600,000 $600,000 $600,000 $600,000 Federal Funds Not Itemized $600,000 $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $1,413,911 $1,420,176 $1,460,024 $1,460,024 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 290.1 Defer the FY09 cost of living adjustment. $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 $8,197,541 State General Funds ($77,195) ($77,195) ($77,195) ($77,195) 290.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) FRIDAY, APRIL 3, 2009 5077 State General Funds ($215,233) ($185,992) $0 $0 290.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $2,003 $2,003 $2,003 $2,003 290.4 Reduce funds from vacant, co-op, and temporary positions. State General Funds ($321,549) ($321,549) ($321,549) ($321,549) 290.5 Reduce funds used for replacing obsolete equipment, printing and publication, travel, and other operations. State General Funds ($199,340) ($199,340) ($199,340) ($199,340) 290.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($81,352) ($81,352) ($81,352) ($94,857) 290.7 Increase funds for the use of subject matter experts (SME). State General Funds $100,000 $100,000 $100,000 290.99 CC: The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers. Senate: The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers. State General Funds $0 $0 290.100-Utilities Regulation Appropriation (HB 119) The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers. TOTAL STATE FUNDS $7,304,875 $7,434,116 $7,620,108 $7,606,603 State General Funds $7,304,875 $7,434,116 $7,620,108 $7,606,603 TOTAL PUBLIC FUNDS $7,304,875 $7,434,116 $7,620,108 $7,606,603 5078 JOURNAL OF THE SENATE 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 Section Total - Continuation $2,300,517,851 $2,278,680,052 $21,837,799 $3,133,078,721 $3,625,810 $1,692,492,806 $85,607,963 $1,351,352,142 $5,433,596,572 $2,300,517,851 $2,278,680,052 $21,837,799 $3,133,078,721 $3,625,810 $1,692,492,806 $85,607,963 $1,351,352,142 $5,433,596,572 $2,300,517,851 $2,278,680,052 $21,837,799 $3,133,078,721 $3,625,810 $1,692,492,806 $85,607,963 $1,351,352,142 $5,433,596,572 $2,300,517,851 $2,278,680,052 $21,837,799 $3,133,078,721 $3,625,810 $1,692,492,806 $85,607,963 $1,351,352,142 $5,433,596,572 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $2,083,977,507 $2,082,901,320 $2,066,718,041 $2,065,641,854 $17,259,466 $17,259,466 $92,617,896 $92,617,896 $92,617,896 $92,617,896 $3,133,129,721 $3,133,129,721 $3,625,810 $3,625,810 $1,692,492,806 $1,692,492,806 $85,658,963 $85,658,963 $1,351,352,142 $1,351,352,142 $5,309,725,124 $5,308,648,937 $2,075,176,394 $2,057,916,928 $17,259,466 $92,617,896 $92,617,896 $3,133,129,721 $3,625,810 $1,692,492,806 $85,658,963 $1,351,352,142 $5,300,924,011 $2,080,354,094 $2,063,094,628 $17,259,466 $92,617,896 $92,617,896 $3,133,129,721 $3,625,810 $1,692,492,806 $85,658,963 $1,351,352,142 $5,306,101,711 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 $17,891,736 $17,891,736 $12,975,000 $7,875,000 $17,891,736 $17,891,736 $12,975,000 $7,875,000 $17,891,736 $17,891,736 $12,975,000 $7,875,000 $17,891,736 $17,891,736 $12,975,000 $7,875,000 FRIDAY, APRIL 3, 2009 5079 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 291.1 Annualize the cost of the FY09 salary adjustment. $7,875,000 $5,100,000 $5,100,000 $30,866,736 $7,875,000 $5,100,000 $5,100,000 $30,866,736 $7,875,000 $5,100,000 $5,100,000 $30,866,736 $7,875,000 $5,100,000 $5,100,000 $30,866,736 State General Funds $111,320 $111,320 $111,320 $111,320 291.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($61,719) ($61,719) ($61,719) ($61,719) 291.3 Reduce funds by eliminating three filled positions. State General Funds ($239,542) ($239,542) ($239,542) ($239,542) 291.4 Reduce funds by eliminating five vacant positions. State General Funds ($325,346) ($325,346) ($325,346) ($325,346) 291.5 Reduce funds from operations. State General Funds ($524,766) ($524,766) ($524,766) ($524,766) 291.6 Reduce funds from the capital seed fund. (H:Restore funds) State General Funds ($5,000,000) $0 ($5,000,000) ($5,000,000) 291.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $54,172 $54,172 $54,172 $54,172 291.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($119,059) ($119,059) ($119,059) ($119,059) 291.99 CC: The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on bestbusiness practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses. Senate: The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on bestbusiness practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses. State General Funds $0 $0 5080 JOURNAL OF THE SENATE 291.100-Advanced Technology Development Institute Development Center/Economic Appropriation (HB 119) The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses. TOTAL STATE FUNDS $11,786,796 $16,786,796 $11,786,796 $11,786,796 State General Funds $11,786,796 $16,786,796 $11,786,796 $11,786,796 TOTAL AGENCY FUNDS $12,975,000 $12,975,000 $12,975,000 $12,975,000 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 $5,100,000 $5,100,000 $5,100,000 $5,100,000 Sales and Services Not Itemized $5,100,000 $5,100,000 $5,100,000 $5,100,000 TOTAL PUBLIC FUNDS $24,761,796 $29,761,796 $24,761,796 $24,761,796 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 $45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877 $45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877 $45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877 $45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877 292.1 Annualize the cost of the FY09 salary adjustment. State General Funds $409,648 $409,648 $409,648 $409,648 292.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($306,415) ($306,415) ($306,415) ($306,415) FRIDAY, APRIL 3, 2009 5081 292.3 Reduce funds by eliminating forty-one vacant positions. State General Funds ($2,612,577) ($2,612,577) ($2,612,577) ($2,612,577) 292.4 Reduce funds from operations. State General Funds ($332,000) ($332,000) ($332,000) ($332,000) 292.5 Reduce funds received in HB990 (FY09G) for maintenance and operations. State General Funds ($700,000) ($700,000) ($700,000) ($700,000) 292.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $234,958 $234,958 $234,958 $234,958 292.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($419,396) ($419,396) ($419,396) ($419,396) 292.99 CC: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness. Senate: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness. State General Funds $0 $0 292.100-Agricultural Experiment Station Appropriation (HB 119) The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness. 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 $41,520,176 $41,520,176 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $79,073,095 $41,520,176 $41,520,176 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $79,073,095 $41,520,176 $41,520,176 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $79,073,095 $41,520,176 $41,520,176 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $79,073,095 5082 JOURNAL OF THE SENATE 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 293.1 Annualize the cost of the FY09 salary adjustment. $32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845 $32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845 $32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845 $32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845 State General Funds $32,323 $32,323 $32,323 $32,323 293.2 Transfer funds received for the FY09 cost of living adjustment to the contract within the Department of Agriculture. State General Funds ($64,646) ($64,646) ($64,646) ($64,646) 293.99 CC: The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals. Senate: The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals. State General Funds $0 $0 293.100-Athens and Tifton Veterinary Laboratories Appropriation (HB 119) The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals. TOTAL AGENCY FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 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. FRIDAY, APRIL 3, 2009 5083 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 294.1 Annualize the cost of the FY09 salary adjustment. $37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $62,919,325 $37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $62,919,325 $37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $62,919,325 $37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243 $242,272 $242,272 $4,295,414 $4,295,414 $62,919,325 State General Funds $395,028 $395,028 $395,028 $395,028 294.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($350,142) ($350,142) ($350,142) ($350,142) 294.3 Reduce funds by eliminating fifty vacant positions. State General Funds ($1,754,300) ($1,754,300) ($1,754,300) ($1,754,300) 294.4 Reduce funds from operations. State General Funds ($197,000) ($197,000) ($197,000) ($197,000) 294.5 Reduce funds received in HB990 (FY09G) for maintenance and operations. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 294.6 Reduce funds by filling critical positions at the minimum salary level. State General Funds ($351,000) ($351,000) ($351,000) ($351,000) 294.7 Eliminate funds for the Formosan Termite Project. State General Funds ($165,000) ($165,000) ($165,000) ($165,000) 294.8 Eliminate funds for the Vidalia Onion Research Project. State General Funds ($200,000) ($200,000) $0 $0 294.9 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $219,988 $219,988 $219,988 $219,988 294.10 Reduce funds to reflect the revised revenue estimate. 5084 JOURNAL OF THE SENATE State General Funds ($351,330) ($351,330) ($351,330) ($351,330) 294.99 CC: The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state. Senate: The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state. State General Funds $0 $0 294.100-Cooperative Extension Service Appropriation (HB 119) The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state. TOTAL STATE FUNDS $34,781,640 $34,781,640 $34,981,640 $34,981,640 State General Funds $34,781,640 $34,781,640 $34,981,640 $34,981,640 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 $25,083,929 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 $242,272 $242,272 $242,272 $242,272 Rebates, Refunds, and Reimbursements Not Itemized $242,272 $242,272 $242,272 $242,272 Sales and Services $4,295,414 $4,295,414 $4,295,414 $4,295,414 Sales and Services Not Itemized $4,295,414 $4,295,414 $4,295,414 $4,295,414 TOTAL PUBLIC FUNDS $59,865,569 $59,865,569 $60,065,569 $60,065,569 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 295.1 Annualize the cost of the FY09 salary adjustment. $715,890 $715,890 $400,000 $375,988 $375,988 $24,012 $24,012 $1,115,890 $715,890 $715,890 $400,000 $375,988 $375,988 $24,012 $24,012 $1,115,890 $715,890 $715,890 $400,000 $375,988 $375,988 $24,012 $24,012 $1,115,890 $715,890 $715,890 $400,000 $375,988 $375,988 $24,012 $24,012 $1,115,890 FRIDAY, APRIL 3, 2009 5085 State General Funds $8,224 $8,224 $8,224 $8,224 295.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($6,091) ($6,091) ($6,091) ($6,091) 295.3 Reduce funds by eliminating one vacant position. State General Funds ($59,189) ($59,189) ($59,189) ($59,189) 295.4 Reduce funds from outreach activities and operations. State General Funds ($13,222) ($13,222) ($13,222) ($13,222) 295.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $4,478 $4,478 $4,478 $4,478 295.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($6,501) ($6,501) ($6,501) ($6,501) 295.99 CC: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources. Senate: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources. State General Funds $0 $0 295.100-Forestry Cooperative Extension Appropriation (HB 119) The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources. TOTAL STATE FUNDS $643,589 $643,589 $643,589 $643,589 State General Funds $643,589 $643,589 $643,589 $643,589 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 $400,000 Intergovernmental Transfers $375,988 $375,988 $375,988 $375,988 Intergovernmental Transfers Not Itemized $375,988 $375,988 $375,988 $375,988 Sales and Services $24,012 $24,012 $24,012 $24,012 Sales and Services Not Itemized $24,012 $24,012 $24,012 $24,012 TOTAL PUBLIC FUNDS $1,043,589 $1,043,589 $1,043,589 $1,043,589 5086 JOURNAL OF THE SENATE 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 296.1 Annualize the cost of the FY09 salary adjustment. $3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426 $550,000 $550,000 $7,361,406 $3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426 $550,000 $550,000 $7,361,406 $3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426 $550,000 $550,000 $7,361,406 $3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426 $550,000 $550,000 $7,361,406 State General Funds $39,525 $39,525 $39,525 $39,525 296.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($25,738) ($25,738) ($25,738) ($25,738) 296.3 Reduce funds by eliminating three vacant positions. State General Funds ($159,696) ($159,696) ($159,696) ($159,696) 296.4 Reduce funds from operations. State General Funds ($123,520) ($123,520) ($123,520) ($123,520) 296.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $21,763 $21,763 $21,763 $21,763 296.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($31,633) ($31,633) ($31,633) ($31,633) 296.99 CC: The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations. Senate: The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations. FRIDAY, APRIL 3, 2009 5087 State General Funds $0 $0 296.100-Forestry Research Appropriation (HB 119) The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations. TOTAL STATE FUNDS $3,131,681 $3,131,681 $3,131,681 $3,131,681 State General Funds $3,131,681 $3,131,681 $3,131,681 $3,131,681 TOTAL AGENCY FUNDS $3,950,426 $3,950,426 $3,950,426 $3,950,426 Intergovernmental Transfers $3,400,426 $3,400,426 $3,400,426 $3,400,426 Intergovernmental Transfers Not Itemized $3,400,426 $3,400,426 $3,400,426 $3,400,426 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 $7,082,107 $7,082,107 $7,082,107 $7,082,107 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 $1,500,000 $1,500,000 $1,500,000 $1,500,000 State General Funds $1,500,000 $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $1,500,000 $1,500,000 $1,500,000 $1,500,000 297.1 Eliminate funds received in HB990 (FY09G) for eminent scholars at Georgia Southern University and Kennesaw State University. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 297.99 CC: The purpose of this appropriation is to attract eminent scholars to the faculties of University System of Georgia institutions by providing state grants to match private funds of institutions of the University System of Georgia and their foundations for the purpose of endowing chairs. State General Funds $0 Georgia Radiation Therapy Center Continuation Budget The purpose of this appropriation is to provide patient care and education. TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 5088 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 298.99 CC: The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy. Senate: The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy. State General Funds $0 $0 298.100-Georgia Radiation Therapy Center Appropriation (HB 119) The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy. TOTAL AGENCY FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 Georgia Tech Research Institute Continuation Budget The purpose 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 299.1 Annualize the cost of the FY09 salary adjustment. $8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860 $8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860 $8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860 $8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860 State General Funds $91,425 $91,425 $91,425 $91,425 FRIDAY, APRIL 3, 2009 5089 299.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($336,356) ($336,356) ($336,356) ($336,356) 299.3 Reduce funds by eliminating two filled positions. State General Funds ($334,589) ($334,589) ($334,589) ($334,589) 299.4 Reduce funds from operations. State General Funds ($316,957) ($316,957) ($316,957) ($316,957) 299.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $32,169 $32,169 $32,169 $32,169 299.6 Eliminate funds for the start-up of the worker safety technology program. State General Funds ($141,014) ($141,014) ($141,014) ($141,014) 299.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($70,476) ($70,476) ($70,476) ($70,476) 299.99 CC: The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia. Senate: The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia. State General Funds $0 $0 299.100-Georgia Tech Research Institute Appropriation (HB 119) The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia. TOTAL STATE FUNDS $6,977,104 $6,977,104 $6,977,104 $6,977,104 State General Funds $6,977,104 $6,977,104 $6,977,104 $6,977,104 TOTAL AGENCY FUNDS $148,917,958 $148,917,958 $148,917,958 $148,917,958 Intergovernmental Transfers $91,469,736 $91,469,736 $91,469,736 $91,469,736 Intergovernmental Transfers Not Itemized $91,469,736 $91,469,736 $91,469,736 $91,469,736 Rebates, Refunds, and Reimbursements $42,748,222 $42,748,222 $42,748,222 $42,748,222 5090 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $42,748,222 $14,700,000 $14,700,000 $155,895,062 $42,748,222 $14,700,000 $14,700,000 $155,895,062 $42,748,222 $14,700,000 $14,700,000 $155,895,062 $42,748,222 $14,700,000 $14,700,000 $155,895,062 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 300.1 Annualize the cost of the FY09 salary adjustment. $994,601 $994,601 $435,281 $367,648 $367,648 $67,633 $67,633 $1,429,882 $994,601 $994,601 $435,281 $367,648 $367,648 $67,633 $67,633 $1,429,882 $994,601 $994,601 $435,281 $367,648 $367,648 $67,633 $67,633 $1,429,882 $994,601 $994,601 $435,281 $367,648 $367,648 $67,633 $67,633 $1,429,882 State General Funds $8,708 $8,708 $8,708 $8,708 300.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($6,608) ($6,608) ($6,608) ($6,608) 300.3 Reduce funds by eliminating five vacant positions. State General Funds ($43,831) ($43,831) ($43,831) ($43,831) 300.4 Reduce funds from operations. State General Funds ($5,500) ($5,500) ($5,500) ($5,500) 300.5 Replace funds and increase the overnight visit fee by 60%, and the resident housing facility fee for utilities, charge additional fees for the use of vehicle and truck fuel usage reimbursement, and effective September 1, 2008 begin charging residents 100% of their power bill. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($51,000) $51,000 $0 ($51,000) $51,000 $0 ($51,000) $51,000 $0 ($51,000) $51,000 $0 300.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. FRIDAY, APRIL 3, 2009 5091 State General Funds $4,271 $4,271 $4,271 $4,271 300.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($9,006) ($9,006) ($9,006) ($9,006) 300.99 CC: The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast. Senate: The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast. State General Funds $0 $0 300.100-Marine Institute Appropriation (HB 119) The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast. TOTAL STATE FUNDS $891,635 $891,635 $891,635 $891,635 State General Funds $891,635 $891,635 $891,635 $891,635 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 $367,648 Intergovernmental Transfers Not Itemized $367,648 $367,648 $367,648 $367,648 Rebates, Refunds, and Reimbursements $118,633 $118,633 $118,633 $118,633 Rebates, Refunds, and Reimbursements Not Itemized $118,633 $118,633 $118,633 $118,633 TOTAL PUBLIC FUNDS $1,377,916 $1,377,916 $1,377,916 $1,377,916 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 $1,628,349 $1,628,349 $1,345,529 $760,729 $760,729 $90,000 $90,000 $494,800 $1,628,349 $1,628,349 $1,345,529 $760,729 $760,729 $90,000 $90,000 $494,800 $1,628,349 $1,628,349 $1,345,529 $760,729 $760,729 $90,000 $90,000 $494,800 $1,628,349 $1,628,349 $1,345,529 $760,729 $760,729 $90,000 $90,000 $494,800 5092 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS 301.1 Annualize the cost of the FY09 salary adjustment. $494,800 $2,973,878 $494,800 $2,973,878 $494,800 $2,973,878 $494,800 $2,973,878 State General Funds $16,316 $16,316 $16,316 $16,316 301.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($9,496) ($9,496) ($9,496) ($9,496) 301.3 Reduce funds by eliminating two positions. State General Funds ($98,680) ($98,680) ($98,680) ($98,680) 301.4 Reduce funds from operations. State General Funds ($65,555) ($65,555) ($65,555) ($65,555) 301.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $9,110 $9,110 $9,110 $9,110 301.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($14,800) ($14,800) ($14,800) ($14,800) 301.99 CC: The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. Senate: The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. State General Funds $0 $0 301.100-Marine Resources Extension Center Appropriation (HB 119) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,465,244 $1,465,244 $1,465,244 $1,465,244 State General Funds $1,465,244 $1,465,244 $1,465,244 $1,465,244 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $760,729 $760,729 $760,729 $760,729 Intergovernmental Transfers Not Itemized $760,729 $760,729 $760,729 $760,729 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 $90,000 FRIDAY, APRIL 3, 2009 5093 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $494,800 $494,800 $2,810,773 $494,800 $494,800 $2,810,773 $494,800 $494,800 $2,810,773 $494,800 $494,800 $2,810,773 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 302.1 Annualize the cost of the FY09 salary adjustment. $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 State General Funds $343,591 $343,591 $343,591 $343,591 302.99 CC: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care. Senate: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care. State General Funds $0 $0 302.100-Medical College of Georgia Hospital and Clinics Appropriation (HB 119) The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care. TOTAL STATE FUNDS $34,265,312 $34,265,312 $34,265,312 $34,265,312 State General Funds $34,265,312 $34,265,312 $34,265,312 $34,265,312 TOTAL PUBLIC FUNDS $34,265,312 $34,265,312 $34,265,312 $34,265,312 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 $906,390 $906,390 $906,390 $906,390 State General Funds $906,390 $906,390 $906,390 $906,390 TOTAL PUBLIC FUNDS $906,390 $906,390 $906,390 $906,390 303.98 Transfer all funds and activities to the Small Business Development Center Public Service Institute in the Teaching program. State General Funds ($906,390) ($906,390) ($906,390) ($906,390) 5094 JOURNAL OF THE SENATE 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 Tobacco Settlement Funds TOTAL PUBLIC FUNDS 304.1 Reduce funds from coalition operations. $16,087,799 $0 $16,087,799 $16,087,799 $16,087,799 $0 $16,087,799 $16,087,799 $16,087,799 $0 $16,087,799 $16,087,799 $16,087,799 $0 $16,087,799 $16,087,799 Tobacco Settlement Funds ($145,000) ($145,000) ($145,000) ($145,000) 304.2 Reduce funds from the Regional Cancer Coalition. State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS ($150,000) $150,000 ($150,000) $0 $0 ($150,000) ($150,000) $0 ($150,000) ($150,000) 304.3 Eliminate funds for the Quality Information Exchange. Tobacco Settlement Funds ($4,283,333) ($4,283,333) ($4,283,333) ($4,283,333) 304.99 CC: The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention. Senate: The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention. State General Funds $0 $0 304.100-Payments to the Georgia Cancer Coalition Appropriation (HB 119) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention. TOTAL STATE FUNDS $11,509,466 $11,659,466 $11,509,466 $11,509,466 State General Funds $150,000 Tobacco Settlement Funds $11,509,466 $11,509,466 $11,509,466 $11,509,466 TOTAL PUBLIC FUNDS $11,509,466 $11,659,466 $11,509,466 $11,509,466 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 $41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 FRIDAY, APRIL 3, 2009 5095 TOTAL PUBLIC FUNDS 305.1 Annualize the cost of the FY09 salary adjustment. $46,271,055 $46,271,055 $46,271,055 $46,271,055 State General Funds $259,116 $259,116 $259,116 $259,116 305.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($7,291) ($7,291) ($7,291) ($7,291) 305.3 Reduce funds by eliminating one staff position. State General Funds ($106,400) ($106,400) ($106,400) ($106,400) 305.4 Reduce funds from operations. State General Funds ($560,842) ($560,842) ($560,842) ($560,842) 305.5 Reduce funds from public library state grants. State General Funds ($1,793,380) ($1,793,380) ($1,793,380) ($1,793,380) 305.6 Reduce funds from the public library state grants by eliminating major repair and rehabilitation (MRR) funds. State General Funds ($900,000) ($900,000) ($900,000) ($900,000) 305.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $21,683 $21,683 $21,683 $21,683 305.8 Increase funds for the New Directions formula based on an increase in state population. State General Funds $245,573 $245,573 $245,573 $245,573 305.9 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($18,409) ($7,548) $0 $0 305.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($389,071) ($389,071) ($389,071) ($389,071) 305.99 CC: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs. Senate: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs. State General Funds $0 $0 5096 JOURNAL OF THE SENATE 305.100-Public Libraries Appropriation (HB 119) The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs. TOTAL STATE FUNDS $38,499,634 $38,510,495 $38,518,043 $38,518,043 State General Funds $38,499,634 $38,510,495 $38,518,043 $38,518,043 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 $43,022,034 $43,032,895 $43,040,443 $43,040,443 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 306.1 Annualize the cost of the FY09 salary adjustment. $52,665,927 $47,665,927 $5,000,000 $52,665,927 $52,665,927 $47,665,927 $5,000,000 $52,665,927 State General Funds $357,680 $357,680 306.2 Reduce funds from Salary Annualizer. State General Funds ($1,940,840) ($1,940,840) 306.3 Reduce funds from Accountability Plus operations. State General Funds ($64,008) ($64,008) 306.4 Reduce funds from the Fort Valley State University land grant match. State General Funds ($30,932) ($30,932) 306.5 Reduce funds from GALILEO. State General Funds ($339,500) ($339,500) 306.6 Reduce funds from GAMES. (S:Eliminate funds for GAMES) State General Funds ($37,500) ($37,500) 306.7 Reduce funds from Georgia Gwinnett College. State General Funds ($2,000,000) ($2,000,000) $52,665,927 $47,665,927 $5,000,000 $52,665,927 $357,680 ($1,940,840) ($64,008) ($30,932) ($339,500) ($375,000) ($2,000,000) $52,665,927 $47,665,927 $5,000,000 $52,665,927 $357,680 ($1,940,840) ($64,008) ($30,932) ($339,500) $0 ($2,000,000) FRIDAY, APRIL 3, 2009 5097 306.8 Reduce funds from Griffin Extension Teaching. State General Funds ($91,200) ($91,200) ($91,200) ($91,200) 306.9 Reduce funds from Historically Black Colleges and Universities (HBCU) operations. State General Funds ($208,227) ($208,227) ($208,227) ($208,227) 306.10 Reduce funds from the Intellectual Capital Partnership Program (ICAPP). (S:Eliminate funds for ICAPP) State General Funds ($448,139) ($448,139) ($4,481,389) $0 306.11 Reduce funds from ICAPP Health. (S:Eliminate funds for ICAPP Health) State General Funds ($82,006) ($82,006) ($820,055) ($82,006) 306.12 Reduce funds from the Leadership Institute. (S:Restore funds for Georgia's Leadership Institute for School Improvement (GLISI) and transition to self-sufficiency)(CC:Restore $700,000 to GLISI and take remaining reduction to the Leadership Institute in line 306.24) State General Funds ($1,384,561) ($1,384,561) ($684,561) $0 306.13 Reduce funds from Medical College of Georgia (MCG) Mission Related research activities. State General Funds ($268,900) ($268,900) ($5,689,000) ($268,900) 306.14 Reduce funds from MCG Nurse Anesthetist program. State General Funds ($36,133) ($36,133) ($36,133) ($36,133) 306.15 Reduce funds from P-16 through the consolidation and elimination of certain functions providing support and services to institutions, schools, faculty, teachers, and students. (S:Eliminate funds) State General Funds ($96,286) ($96,286) ($734,855) $0 306.16 Eliminate funds for the Enhancing Access initiative. State General Funds ($182,360) ($182,360) ($182,360) ($182,360) 306.17 Eliminate funds for the Georgia College and State University Liberal Arts Mission. State General Funds ($1,237,275) ($1,237,275) $0 $0 306.18 Eliminate funds for the North Georgia College and State University Leadership Initiative. State General Funds ($600,079) ($600,079) $0 $0 306.19 Eliminate one-time funds for the Medical College of Georgia Mission Related Special Funding Initiative. (H and CC:Restore funds) State General Funds ($5,000,000) $0 ($5,000,000) $0 5098 JOURNAL OF THE SENATE 306.20 Reduce funds from the Washington Center for Internships. State General Funds ($45,000) ($45,000) ($45,000) ($45,000) 306.21 Reduce funds from the Oxford Study Abroad Program. State General Funds ($75,000) ($75,000) ($25,000) $0 306.22 Reduce funds from ICAPP Health to collect data on nursing educators. State General Funds ($27,430) ($27,430) $0 $0 306.23 Eliminate one-time funds for the data mart. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 306.24 Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds and realize savings from efficiencies in GAMES, ICAPP, GLISI, and P-16) State General Funds ($335,282) ($335,282) $0 ($6,303,235) 306.25 Increase funds for library books needed for accreditation ($1,000,000) and for ten additional faculty to accommodate growing enrollment ($1,000,000) at Georgia Gwinnett College. State General Funds $2,000,000 $2,000,000 $2,000,000 306.99 CC: The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. Senate: The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. State General Funds $0 $0 306.100-Public Service / Special Funding Initiatives Appropriation (HB 119) The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. TOTAL STATE FUNDS $38,192,949 $45,192,949 $31,975,547 $43,131,266 State General Funds $33,192,949 $40,192,949 $26,975,547 $38,131,266 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $38,192,949 $45,192,949 $31,975,547 $43,131,266 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 $7,981,264 $7,981,264 $7,981,264 $7,981,264 FRIDAY, APRIL 3, 2009 5099 State General Funds TOTAL PUBLIC FUNDS 307.1 Defer the FY09 cost of living adjustment. $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 $7,981,264 State General Funds ($74,640) ($74,640) ($74,640) ($74,640) 307.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($21,262) ($21,262) ($21,262) ($21,262) 307.3 Reduce funds from payments to the Southern Regional Education Board by reducing the number of slots for students studying optometry and begin a four-year phase out of slots for students studying osteopathic medicine. State General Funds ($123,235) ($123,235) ($123,235) ($123,235) 307.4 Reduce funds from personnel. State General Funds ($337,446) ($337,446) ($337,446) ($337,446) 307.5 Reduce funds from operations. State General Funds ($337,445) ($337,445) ($337,445) ($337,445) 307.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $44,057 $44,057 $44,057 $44,057 307.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($71,313) ($71,313) ($71,313) ($71,313) 307.8 Reduce funds to reflect savings from HB700 (2009 Session). (CC:Reduce funds from operations) State General Funds ($2,100,000) $0 ($282,000) 307.99 CC: The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board. Senate: The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board. State General Funds $0 $0 307.100-Regents Central Office Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board. TOTAL STATE FUNDS $7,059,980 $4,959,980 $7,059,980 $6,777,980 5100 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $7,059,980 $7,059,980 $4,959,980 $4,959,980 $7,059,980 $7,059,980 $6,777,980 $6,777,980 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 308.1 Annualize the cost of the FY09 salary adjustment. $32,183,995 $31,433,995 $750,000 $32,183,995 $32,183,995 $31,433,995 $750,000 $32,183,995 $32,183,995 $31,433,995 $750,000 $32,183,995 $32,183,995 $31,433,995 $750,000 $32,183,995 State General Funds $175,171 $175,171 $175,171 $175,171 308.2 Reduce funds from personnel. State General Funds ($158,309) ($158,309) ($158,309) ($158,309) 308.3 Reduce funds from operations. (CC:Restore funds for Advanced Communications at Georgia Tech and Georgia Southern) State General Funds ($3,301,983) ($3,031,983) ($3,301,983) ($3,031,983) 308.4 Eliminate funds for the Georgia Environmental Partnership. State General Funds ($711,620) ($711,620) ($711,620) ($711,620) 308.5 Eliminate funds for the Traditional Industries activity. (S:Restore funds for forestry, textile, and biomass projects)(CC:Restore funds for traditional industries including biomass) State General Funds ($3,114,511) ($3,114,511) ($1,500,000) ($1,500,000) 308.6 Reduce funds from the Vaccine Initiative Collaboration grants. (CC:Reduce funds for the Georgia Research Alliance) State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 308.7 Reduce funds from the Technology Partnership grants. (CC:Reduce funds for the Georgia Research Alliance) State General Funds ($710,413) ($710,413) ($710,413) ($710,413) 308.8 Eliminate funds for the Bio-Refinery. State General Funds ($400,000) ($400,000) $0 ($200,000) 308.9 Reduce funds to reflect the revised revenue estimate. State General Funds ($222,123) ($222,123) ($222,123) ($222,123) 308.10 Increase funds for the Food Processing/Research Initiative of the Traditional Industries Program. FRIDAY, APRIL 3, 2009 5101 State General Funds $1,500,000 $1,500,000 $1,500,000 308.99 CC: The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies. Senate: The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies. State General Funds $0 $0 308.100-Research Consortium Appropriation (HB 119) The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies. TOTAL STATE FUNDS $22,740,207 $24,510,207 $26,254,718 $26,324,718 State General Funds $21,990,207 $23,760,207 $25,504,718 $25,574,718 Tobacco Settlement Funds $750,000 $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $22,740,207 $24,510,207 $26,254,718 $26,324,718 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 $1,756,972 $1,756,972 $1,756,972 $1,756,972 5102 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 309.1 Annualize the cost of the FY09 salary adjustment. $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972 State General Funds $14,423 $14,423 $14,423 $14,423 309.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($24,055) ($24,055) ($24,055) ($24,055) 309.3 Reduce funds by eliminating one filled position. State General Funds ($72,500) ($72,500) ($72,500) ($72,500) 309.4 Reduce funds by eliminating one vacant position. State General Funds ($46,324) ($46,324) ($46,324) ($46,324) 309.5 Reduce funds by capping the employer premium for employee health insurance at the employer premium level paid for employee Preferred Provider Organization (PPO) health insurance. State General Funds ($22,888) ($22,888) ($22,888) ($22,888) 309.6 Reduce funds designated for new and replacement research equipment purchases. State General Funds ($35,428) ($35,428) ($35,428) ($35,428) 309.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $9,543 $9,543 $9,543 $9,543 309.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,797) ($15,797) ($15,797) ($15,797) 309.99 CC: The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. Senate: The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. State General Funds $0 $0 FRIDAY, APRIL 3, 2009 5103 309.100-Skidaway Institute of Oceanography Appropriation (HB 119) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,563,946 $1,563,946 $1,563,946 $1,563,946 State General Funds $1,563,946 $1,563,946 $1,563,946 $1,563,946 TOTAL AGENCY FUNDS $4,645,000 $4,645,000 $4,645,000 $4,645,000 Intergovernmental Transfers $3,500,000 $3,500,000 $3,500,000 $3,500,000 Intergovernmental Transfers Not Itemized $3,500,000 $3,500,000 $3,500,000 $3,500,000 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 $6,208,946 $6,208,946 $6,208,946 $6,208,946 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 310.1 Eliminate funds. (S:Reduce funds) $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 $322,377 State General Funds ($322,377) ($322,377) ($222,377) ($322,377) 310.100-Student Education Enrichment Program Appropriation (HB 119) The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $100,000 State General Funds $100,000 TOTAL PUBLIC FUNDS $100,000 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 $1,970,307,554 $1,970,307,554 $1,970,307,554 $1,970,307,554 $1,970,307,554 $1,970,307,554 $1,970,307,554 $1,970,307,554 5104 JOURNAL OF THE SENATE 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 311.1 Annualize the cost of the FY09 salary adjustment. $2,875,057,996 $1,528,125,138 $1,528,125,138 $40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550 $2,875,057,996 $1,528,125,138 $1,528,125,138 $40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550 $2,875,057,996 $1,528,125,138 $1,528,125,138 $40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550 $2,875,057,996 $1,528,125,138 $1,528,125,138 $40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550 State General Funds $22,046,660 $22,046,660 $22,046,660 $22,046,660 311.2 Reduce funds from the Carl Vinson Institute of Government. State General Funds ($584,170) ($584,170) ($584,170) ($584,170) 311.3 Reduce funds from the Fiscal Research Center. State General Funds ($50,666) ($50,666) ($50,666) ($50,666) 311.4 Reduce funds from the Georgia Center for Communications. State General Funds ($17,446) ($17,446) ($17,446) ($17,446) 311.5 Reduce funds from the Health Policy Center. State General Funds ($23,076) ($23,076) ($23,076) ($23,076) 311.6 Reduce funds from the Institute of Higher Education. (S:Eliminate the Institute of Higher Education) State General Funds ($223,142) ($223,142) ($2,231,419) $0 311.7 Reduce funds from the Rusk Center. State General Funds ($46,653) ($46,653) ($46,653) ($46,653) 311.8 Reduce funds from the Small Business Development Center. State General Funds ($359,111) ($359,111) ($359,111) ($359,111) 311.9 Reduce funds from the University Press. State General Funds ($97,870) ($97,870) ($97,870) ($97,870) 311.10 Reduce funds from the A.L. Burress Institute. State General Funds ($13,209) ($13,209) ($13,209) ($13,209) 311.11 Increase funds for Resident Instruction based on a 4% increase in credit hours ($79,372,501), maintenance and operations FRIDAY, APRIL 3, 2009 5105 based on an increase in square footage ($9,562,873), retiree funding ($5,768,742), and health insurance ($14,978,876). (H and S:Reduce health insurance increase by $1,000,000.) State General Funds $109,682,992 $108,682,992 $108,682,992 $108,682,992 311.12 Reduce funds from Resident Instruction. (H and CC:Provide for an additional reduction) State General Funds ($184,493,021) ($199,756,809) ($194,298,489) ($199,756,809) 311.13 Increase funds for the Medical College of Georgia for faculty and operating expenses to expand the medical school's capacity. State General Funds $7,751,276 $7,751,276 $7,751,276 $7,751,276 311.14 Reduce funds to offset new admissions fee at the Bamboo Farm. State General Funds ($180,000) ($180,000) ($180,000) ($180,000) 311.15 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $5,016,655 $5,016,655 $5,016,655 $5,016,655 311.16 Reduce funds for the Strengthening Georgia's Families and Communities Initiative at UGA ($250,000), the UGA School of Ecology ($50,000), the South Georgia Regional Education Consortium ($25,000), Georgia Tech Regional Engineering Program ($1,000,000), the Georgia Aviation College Transfer Initiative ($3,691,765), one-time funding for Georgia Partnership for Reform in Science and Mathematics ($600,000), one-time funds for a Lottery Study ($250,000), and Kennesaw State University Disadvantaged Youth Program ($200,000). (S and CC:Restore funds for the Georgia Aviation College Transfer Initiative) State General Funds ($6,066,765) ($6,066,765) ($2,375,000) ($2,375,000) 311.17 Reduce funds for Georgia Tech Regional Engineering Program Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton College-Cordele Roof Repair ($75,000), Georgia Southern IT Program ($1,828,418), UGA-Aquarium ($780,000), Center for High Angular Resolution Astronomy Array ($220,000), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000). (H and S:Restore funds for the Georgia Southern IT Program ($1,828,418), the for UGA-Aquarium ($1,400,000), and the CHARA-Array ($75,000)) State General Funds ($4,888,698) ($1,585,280) ($1,585,280) ($1,585,280) 311.18 Reduce funds to reflect the revised revenue estimate. State General Funds ($19,529,330) ($19,529,330) ($19,529,330) ($19,529,330) 311.19 Recognize funds from the American Recovery and Reinvestment Act of 2009. State General Funds American Recovery and Reinvestment Act of 2009 ($92,617,896) ($92,617,896) ($92,617,896) ($92,617,896) $92,617,896 $92,617,896 $92,617,896 $92,617,896 5106 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $0 $0 $0 $0 311.20 Reduce funds from the Early College program. State General Funds ($1,200,000) $0 311.21 Reduce funds and realize savings from efficiencies in the Institute of Higher Education and the Early College programs. State General Funds ($3,431,419) 311.98 Transfer all funds and activities from the Office of Minority Business Enterprises program to the Small Business Development Center Public Service Institute. State General Funds $906,390 $906,390 $906,390 $906,390 311.99 CC: The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student instruction and to establish and operate other initiatives that promote, support, or extend student learning. Senate: The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student instruction and to establish and operate other initiatives that promote, support, or extend student learning. State General Funds $0 $0 311.100 -Teaching Appropriation (HB 119) The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student instruction and to establish and operate other initiatives that promote, support, or extend student learning. TOTAL STATE FUNDS $1,806,520,474 $1,793,560,104 $1,799,501,912 $1,794,043,592 State General Funds $1,806,520,474 $1,793,560,104 $1,799,501,912 $1,794,043,592 TOTAL FEDERAL FUNDS $92,617,896 $92,617,896 $92,617,896 $92,617,896 American Recovery and Reinvestment Act of 2009 $92,617,896 $92,617,896 $92,617,896 $92,617,896 TOTAL AGENCY FUNDS $2,875,057,996 $2,875,057,996 $2,875,057,996 $2,875,057,996 Intergovernmental Transfers $1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138 Intergovernmental Transfers Not Itemized $1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138 Rebates, Refunds, and Reimbursements $40,013,772 $40,013,772 $40,013,772 $40,013,772 Rebates, Refunds, and Reimbursements Not Itemized $40,013,772 $40,013,772 $40,013,772 $40,013,772 Sales and Services $1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086 Sales and Services Not Itemized $1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086 TOTAL PUBLIC FUNDS $4,774,196,366 $4,761,235,996 $4,767,177,804 $4,761,719,484 FRIDAY, APRIL 3, 2009 5107 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 312.1 Annualize the cost of the FY09 salary adjustment. $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 $3,504,264 State General Funds $32,149 $32,149 $32,149 $32,149 312.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($24,218) ($24,218) ($24,218) ($24,218) 312.3 Reduce funds by eliminating seven vacant positions. State General Funds ($134,237) ($134,237) ($134,237) ($134,237) 312.4 Reduce funds from research projects. State General Funds ($207,699) ($207,699) $0 ($207,699) 312.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $17,213 $17,213 $17,213 $17,213 312.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($31,875) ($31,875) ($31,875) ($31,875) 312.99 CC: The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention. Senate: The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention. State General Funds $0 $0 312.100-Veterinary Medicine Experiment Station Appropriation (HB 119) The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention. 5108 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,155,597 $3,363,296 $3,363,296 $3,363,296 $3,155,597 $3,155,597 $3,155,597 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 313.1 Annualize the cost of the FY09 salary adjustment. $568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290 $568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290 $568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290 $568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290 State General Funds $3,656 $3,656 $3,656 $3,656 313.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%. State General Funds ($31,051) ($31,051) ($31,051) ($31,051) 313.3 Reduce funds by eliminating two vacant positions. State General Funds ($57,200) ($57,200) $0 $0 313.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $2,210 $2,210 $2,210 $2,210 313.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,860) ($4,860) ($4,860) ($4,860) 313.99 CC: The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation. Senate: The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation. State General Funds $0 $0 FRIDAY, APRIL 3, 2009 5109 313.100-Veterinary Medicine Teaching Hospital Appropriation (HB 119) The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation. TOTAL STATE FUNDS $481,094 $481,094 $538,294 $538,294 State General Funds $481,094 $481,094 $538,294 $538,294 TOTAL AGENCY FUNDS $9,621,951 $9,621,951 $9,621,951 $9,621,951 Sales and Services $9,621,951 $9,621,951 $9,621,951 $9,621,951 Sales and Services Not Itemized $9,621,951 $9,621,951 $9,621,951 $9,621,951 TOTAL PUBLIC FUNDS $10,103,045 $10,103,045 $10,160,245 $10,160,245 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 State General Funds TOTAL PUBLIC FUNDS 314.1 Reduce funds from the Preparatory School. $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 $3,062,916 State General Funds ($204,308) ($204,308) ($204,308) ($204,308) 314.2 Reduce funds from the Junior College. State General Funds ($101,984) ($101,984) ($101,984) ($101,984) 314.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan) State General Funds ($21,043) ($8,628) $0 $0 314.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($27,566) ($27,566) ($27,566) ($27,566) 314.99 CC: The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school. Senate: The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school. State General Funds $0 $0 5110 JOURNAL OF THE SENATE 314.100-Payments to Georgia Military College Appropriation (HB 119) The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school. TOTAL STATE FUNDS $2,708,015 $2,720,430 $2,729,058 $2,729,058 State General Funds $2,708,015 $2,720,430 $2,729,058 $2,729,058 TOTAL PUBLIC FUNDS $2,708,015 $2,720,430 $2,729,058 $2,729,058 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 315.1 Defer the FY09 cost of living adjustment. $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 $18,191,543 State General Funds ($102,859) ($102,859) ($102,859) ($102,859) 315.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($318,329) ($275,082) $0 $0 315.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $105,041 $105,041 $105,041 $105,041 315.4 Reduce funds from personnel and operations. State General Funds ($1,629,797) ($1,629,797) ($1,629,797) ($1,629,797) 315.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($162,631) ($162,631) ($162,631) ($162,631) 315.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($2,340) ($2,340) ($2,340) FRIDAY, APRIL 3, 2009 5111 315.99 CC: The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives. Senate: The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives. State General Funds $0 $0 315.100-Payments to Public Telecommunications Commission, Georgia Appropriation (HB 119) The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives. TOTAL STATE FUNDS $16,082,968 $16,123,875 $16,398,957 $16,398,957 State General Funds $16,082,968 $16,123,875 $16,398,957 $16,398,957 TOTAL PUBLIC FUNDS $16,082,968 $16,123,875 $16,398,957 $16,398,957 Section 40: Revenue, 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 PUBLIC FUNDS Section Total - Continuation $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 $557,498,041 $557,348,041 $150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Final $111,633,621 $104,504,143 $111,483,621 $104,354,143 $150,000 $150,000 $397,422 $397,422 $397,422 $397,422 $21,817,779 $21,817,779 $116,131,087 $115,981,087 $150,000 $397,422 $397,422 $11,410,135 $113,235,387 $113,085,387 $150,000 $397,422 $397,422 $14,305,835 5112 JOURNAL OF THE SENATE Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $2,895,700 $4,342,000 $14,580,079 $133,848,822 $2,895,700 $4,342,000 $14,580,079 $126,719,344 $11,410,135 $127,938,644 $2,895,700 $11,410,135 $127,938,644 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 316.1 Defer the FY09 cost of living adjustment. $11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $13,574,373 $11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $13,574,373 $11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $13,574,373 $11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $13,574,373 State General Funds ($101,204) ($101,204) ($101,204) ($101,204) 316.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($369,988) ($319,723) $0 $0 316.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($73,908) ($73,908) ($73,908) ($73,908) 316.4 Reduce funds by eliminating five vacant positions. State General Funds ($332,218) ($332,218) ($332,218) ($332,218) 316.5 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($83,188) ($83,188) ($83,188) ($83,188) 316.6 Reduce funds to reflect the revised revenue estimate. FRIDAY, APRIL 3, 2009 5113 State General Funds ($119,518) ($119,518) ($119,518) ($119,518) 316.7 Reduce funds designated for telecommunications added in HB1027 (FY07G). (S and CC:Use funds for ongoing expenses related to additional telephone line capacity at the customer service call center) State General Funds ($212,968) $0 $0 316.97 Transfer funds and activities to the new Local Government Services program. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($2,948,790) ($2,110,135) ($5,058,925) ($2,948,790) ($2,110,135) ($5,058,925) ($2,948,790) ($2,110,135) ($5,058,925) ($2,948,790) ($2,110,135) ($5,058,925) 316.98 Transfer funds and activities from the Revenue Processing program to implement a program structure consistent with new service delivery platforms. State General Funds $6,404,944 $6,404,944 $6,404,944 $6,404,944 316.99 CC: The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions. Senate: The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions. State General Funds $0 $0 316.100-Customer Service Appropriation (HB 119) The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions. TOTAL STATE FUNDS $13,840,368 $13,677,665 $14,210,356 $14,210,356 State General Funds $13,840,368 $13,677,665 $14,210,356 $14,210,356 TOTAL PUBLIC FUNDS $13,840,368 $13,677,665 $14,210,356 $14,210,356 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 AGENCY FUNDS Sales and Services $4,155,944 $4,155,944 $375,000 $375,000 $4,155,944 $4,155,944 $375,000 $375,000 $4,155,944 $4,155,944 $375,000 $375,000 $4,155,944 $4,155,944 $375,000 $375,000 5114 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS 317.1 Defer the FY09 cost of living adjustment. $375,000 $4,530,944 $375,000 $4,530,944 $375,000 $4,530,944 $375,000 $4,530,944 State General Funds ($66,022) ($66,022) ($66,022) ($66,022) 317.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($205,736) ($177,785) $0 $0 317.3 Reduce/Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($45,149) ($45,149) ($45,149) ($45,149) 317.4 Reduce funds by eliminating one vacant position. (H:Reflect annual salary savings)(S and CC:Reduce additional funds from operations) State General Funds ($6,618) ($93,618) ($93,618) ($93,618) 317.5 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($123,553) ($123,553) ($123,553) ($123,553) 317.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($71,321) ($71,321) ($71,321) ($71,321) 317.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($16,243) ($16,243) ($16,243) 317.98 Transfer funds and activities from the Revenue Processing and Tax Compliance programs to implement a program structure consistent with new service delivery platforms. State General Funds $4,625,143 $4,625,143 $4,625,143 $4,625,143 317.100-Departmental Administration Appropriation (HB 119) 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. FRIDAY, APRIL 3, 2009 5115 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,262,688 $8,262,688 $375,000 $375,000 $375,000 $8,637,688 $8,187,396 $8,187,396 $375,000 $375,000 $375,000 $8,562,396 $8,365,181 $8,365,181 $375,000 $375,000 $375,000 $8,740,181 $8,365,181 $8,365,181 $375,000 $375,000 $375,000 $8,740,181 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, 2008 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 318.1 Eliminate funds for the Homeowner's Tax Relief Grant. $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $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) 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 319.1 Defer the FY09 cost of living adjustment. $4,969,234 $4,819,234 $150,000 $187,422 $187,422 $5,156,656 $4,969,234 $4,819,234 $150,000 $187,422 $187,422 $5,156,656 $4,969,234 $4,819,234 $150,000 $187,422 $187,422 $5,156,656 $4,969,234 $4,819,234 $150,000 $187,422 $187,422 $5,156,656 State General Funds ($30,573) ($30,573) ($30,573) ($30,573) 319.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits 5116 JOURNAL OF THE SENATE (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($98,427) ($85,055) $0 $0 319.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($181,815) ($181,815) ($181,815) ($181,815) 319.4 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($22,007) ($22,007) ($22,007) ($22,007) 319.5 Reduce funds designated for vehicle purchases. (S and CC:Restore funds for ongoing operations) State General Funds ($64,110) ($176,251) ($64,110) ($64,110) 319.6 Reduce funds by eliminating four vacant positions. State General Funds ($147,595) ($147,595) ($147,595) ($147,595) 319.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($28,433) ($28,433) ($28,433) ($28,433) 319.98 Transfer funds and activities to the new Technology Support Services program to implement a program structure consistent with new service delivery platforms. State General Funds ($806,135) ($806,135) ($806,135) ($806,135) 319.99 CC: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles. Senate: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles. State General Funds $0 $0 319.100-Industry Regulation Appropriation (HB 119) The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles. TOTAL STATE FUNDS $3,590,139 $3,491,370 $3,688,566 $3,688,566 FRIDAY, APRIL 3, 2009 5117 State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,440,139 $150,000 $187,422 $187,422 $3,777,561 $3,341,370 $150,000 $187,422 $187,422 $3,678,792 $3,538,566 $150,000 $187,422 $187,422 $3,875,988 $3,538,566 $150,000 $187,422 $187,422 $3,875,988 Litigations and Investigations Continuation Budget TOTAL STATE FUNDS State General Funds 320.1 Defer the FY09 cost of living adjustment. $0 $0 $0 $0 $0 $0 $0 $0 State General Funds ($11,104) ($11,104) ($11,104) ($11,104) 320.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($48,180) ($41,634) $0 $0 320.3 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($4,428) ($4,428) ($4,428) ($4,428) 320.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($12,466) ($12,466) ($12,466) ($12,466) 320.98 Transfer funds and activities from the Revenue Processing program to implement a program structure consistent with new service delivery platforms. State General Funds $1,517,413 $1,517,413 $1,517,413 $1,517,413 320.99 CC: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Senate: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. House: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax process. Gov Rev: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax 5118 JOURNAL OF THE SENATE process. State General Funds $0 $0 $0 $0 320.100-Litigations and Investigations Appropriation (HB 119) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. TOTAL STATE FUNDS $1,441,235 $1,447,781 $1,489,415 $1,489,415 State General Funds $1,441,235 $1,447,781 $1,489,415 $1,489,415 TOTAL PUBLIC FUNDS $1,441,235 $1,447,781 $1,489,415 $1,489,415 Local Government Services Continuation Budget TOTAL STATE FUNDS State General Funds 321.1 Defer the FY09 cost of living adjustment. $0 $0 $0 $0 $0 $0 $0 $0 State General Funds ($28,764) ($28,764) ($28,764) ($28,764) 321.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($75,127) ($64,920) $0 $0 321.3 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($106,629) ($106,629) ($106,629) ($106,629) 321.4 Reduce funds from personnel. State General Funds ($151,016) ($151,016) ($151,016) ($151,016) 321.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($22,165) ($22,165) ($22,165) ($22,165) 321.6 Reduce funds designated for telecommunications added in HB1027 (FY07G). (S and CC:Restore funds for ongoing operations) State General Funds ($212,968) $0 $0 321.98 Transfer funds and activities from the Customer Service program to implement a program structure consistent with new FRIDAY, APRIL 3, 2009 5119 service delivery platforms. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,948,790 $2,110,135 $5,058,925 $2,948,790 $2,110,135 $5,058,925 $2,948,790 $2,110,135 $5,058,925 $2,948,790 $2,110,135 $5,058,925 321.99 CC: The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit. Senate: The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit. House: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia. Gov Rev: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia. State General Funds $0 $0 $0 $0 321.100-Local Government Services Appropriation (HB 119) The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit. TOTAL STATE FUNDS $2,565,089 $2,362,328 $2,640,216 $2,640,216 State General Funds $2,565,089 $2,362,328 $2,640,216 $2,640,216 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 $4,675,224 $4,472,463 $4,750,351 $4,750,351 Local Tax Officials Retirement and FICA Continuation Budget TOTAL STATE FUNDS $5,149,163 $5,149,163 $5,149,163 $5,149,163 State General Funds $5,149,163 $5,149,163 $5,149,163 $5,149,163 TOTAL PUBLIC FUNDS $5,149,163 $5,149,163 $5,149,163 $5,149,163 322.1 Reduce funds and provide retirement benefits only for local tax commissioners and their employees whose counties do not offer a local retirement benefit plan. State General Funds ($3,949,163) $0 $0 322.99 CC: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. 5120 JOURNAL OF THE SENATE Senate: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. House: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Gov Rev: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. State General Funds $0 $0 $0 $0 322.100-Local Tax Officials Retirement and FICA Appropriation (HB 119) The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. TOTAL STATE FUNDS $5,149,163 $1,200,000 $5,149,163 $5,149,163 State General Funds $5,149,163 $1,200,000 $5,149,163 $5,149,163 TOTAL PUBLIC FUNDS $5,149,163 $1,200,000 $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 324.1 Defer the FY09 cost of living adjustment. $42,190,866 $42,190,866 $426,769 $426,769 $426,769 $42,617,635 $42,190,866 $42,190,866 $426,769 $426,769 $426,769 $42,617,635 $42,190,866 $42,190,866 $426,769 $426,769 $426,769 $42,617,635 $42,190,866 $42,190,866 $426,769 $426,769 $426,769 $42,617,635 State General Funds ($76,895) ($76,895) ($76,895) ($76,895) 324.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($335,364) ($289,803) $0 $0 324.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($2,187,946) ($2,187,946) ($2,187,946) ($2,187,946) FRIDAY, APRIL 3, 2009 5121 324.4 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($54,107) ($54,107) ($54,107) ($54,107) 324.5 Reduce funds by eliminating seven vacant positions. State General Funds ($286,747) ($286,747) ($286,747) ($286,747) 324.6 Reduce funds designated for temporary labor and associated operating costs due to the elimination of two shifts at the revenue processing center. State General Funds ($2,400,000) ($2,400,000) ($2,400,000) ($2,400,000) 324.7 Reduce funds due to a loss of revenues. Reserved Fund Balances Not Itemized ($426,769) ($426,769) ($426,769) ($426,769) 324.8 Reduce funds designated for travel and vehicle purchases. (S and CC:Restore funds for ongoing revenue processing operations) State General Funds ($124,849) $0 $0 324.98 Transfer funds and activities to the Departmental Administration, Customer Service, Litigations and Investigations, Technology Support Services, and Tax Law and Policy programs to implement a program structure consistent with new service delivery platforms. State General Funds ($24,129,092) ($24,129,092) ($24,129,092) ($24,129,092) 324.100-Revenue Processing Appropriation (HB 119) 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 $12,720,715 $12,641,427 $13,056,079 $13,056,079 State General Funds $12,720,715 $12,641,427 $13,056,079 $13,056,079 TOTAL PUBLIC FUNDS $12,720,715 $12,641,427 $13,056,079 $13,056,079 Salvage Inspection Continuation Budget The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS $1,704,133 $1,704,133 $1,704,133 $1,704,133 State General Funds $1,704,133 $1,704,133 $1,704,133 $1,704,133 TOTAL PUBLIC FUNDS $1,704,133 $1,704,133 $1,704,133 $1,704,133 325.98 Transfer all funds and activities to the Motor Vehicle Registration and Titling program to implement a program structure consistent with new service delivery platforms. 5122 JOURNAL OF THE SENATE State General Funds ($1,704,133) ($1,704,133) ($1,704,133) ($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 $5,000 State General Funds $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 $5,000 326.98 Transfer all funds and activities to the Tax Law and Policy program to implement a program structure consistent with new service delivery platforms. State General 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 $23,449,239 $23,449,239 $23,449,239 $23,449,239 State General Funds $23,449,239 $23,449,239 $23,449,239 $23,449,239 TOTAL AGENCY FUNDS $3,695,700 $3,695,700 $3,695,700 $3,695,700 Reserved Fund Balances $2,895,700 $2,895,700 $2,895,700 $2,895,700 Reserved Fund Balances Not Itemized $2,895,700 $2,895,700 $2,895,700 $2,895,700 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 $27,144,939 $27,144,939 $27,144,939 $27,144,939 327.98 Transfer funds and activities to the Technology Support Services and the Motor Vehicle Registration and Titling programs. State General Funds Reserved Fund Balances Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($23,449,239) ($2,895,700) ($800,000) ($27,144,939) ($23,449,239) ($2,895,700) ($800,000) ($27,144,939) ($23,449,239) ($2,895,700) ($800,000) ($27,144,939) ($23,449,239) ($2,895,700) ($800,000) ($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 $36,119,723 $36,119,723 $36,119,723 $36,119,723 FRIDAY, APRIL 3, 2009 5123 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 328.1 Defer the FY09 cost of living adjustment. $36,119,723 $210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667 $36,119,723 $210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667 $36,119,723 $210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667 $36,119,723 $210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667 State General Funds ($277,341) ($277,341) ($277,341) ($277,341) 328.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($762,569) ($658,969) $0 $0 328.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($34,447) ($34,447) ($34,447) ($34,447) 328.4 Reduce one time funds added for the data warehouse. (H:Reflect technology verification costs to be paid through the new Technology Support Services program)(S and CC:Restore funds to provide for a mandatory independent annual audit of the data warehouse system as state regulations prohibit system audits by internal staff) State General Funds ($140,000) ($553,758) ($140,000) ($140,000) 328.5 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($79,140) ($79,140) ($79,140) ($79,140) 328.6 Reduce funds by eliminating five vacant positions and two filled positions. (H:Reflect annual salary savings)(S and CC:Restore funds for ongoing operations) State General Funds ($391,560) ($452,500) ($391,560) ($391,560) 328.7 Reduce funds from travel for site visits and auditors that live-in-state and perform out-of-state audits. 5124 JOURNAL OF THE SENATE State General Funds ($299,680) ($299,680) ($299,680) ($299,680) 328.8 Reduce funds for contracts. (S and CC:Restore contracts for private collection agencies) State General Funds ($500,000) $0 $0 328.9 Reduce funds to reflect FY10 projected collections. Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($4,342,000) ($3,169,944) ($7,511,944) ($4,342,000) ($3,169,944) ($7,511,944) 328.98 Transfer funds and activities to the Departmental Administration and Technology Support Services programs to implement a program structure consistent with new service delivery platforms and to align administrative functions. State General Funds ($5,951,421) ($5,951,421) ($5,951,421) ($5,951,421) 328.99 CC: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. Senate: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. State General Funds $0 $0 328.100-Tax Compliance Appropriation (HB 119) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $28,183,565 $27,312,467 $28,946,134 State General Funds $28,183,565 $27,312,467 $28,946,134 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 $8,125,000 Intergovernmental Transfers $4,342,000 $4,342,000 Intergovernmental Transfers Not Itemized $4,342,000 $4,342,000 Sales and Services $11,294,944 $11,294,944 $8,125,000 Sales and Services Not Itemized $11,294,944 $11,294,944 $8,125,000 TOTAL PUBLIC FUNDS $44,030,509 $43,159,411 $37,281,134 $28,946,134 $28,946,134 $210,000 $210,000 $8,125,000 $8,125,000 $8,125,000 $37,281,134 Tax Law and Policy TOTAL STATE FUNDS State General Funds 329.1 Defer the FY09 cost of living adjustment. Continuation Budget $0 $0 $0 $0 $0 $0 $0 $0 FRIDAY, APRIL 3, 2009 5125 State General Funds ($11,104) ($11,104) ($11,104) ($11,104) 329.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($46,587) ($40,258) $0 $0 329.3 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($2,949) ($2,949) ($2,949) ($2,949) 329.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($11,698) ($11,698) ($11,698) ($11,698) 329.5 Reduce funds to provide for only a moderate sized legal team. (S and CC:Restore funds to continue to provide services for taxpayer appeals of tax assessments and to provide the General Assembly with research on legislative fiscal notes and revenue inquiries, and to produce regulations for taxes, alcohol, and tobacco) State General Funds ($1,053,410) $0 $0 329.98 Transfer funds and activities from the Revenue Processing and State Board of Equalization programs to implement a program structure consistent with new service delivery platforms. State General Funds $1,424,419 $1,424,419 $1,424,419 $1,424,419 329.99 CC: The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries. Senate: The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries. House: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies. Gov Rev: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies. State General Funds $0 $0 $0 $0 5126 JOURNAL OF THE SENATE 329.100-Tax Law and Policy Appropriation (HB 119) The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries. TOTAL STATE FUNDS $1,352,081 $305,000 $1,398,668 $1,398,668 State General Funds $1,352,081 $305,000 $1,398,668 $1,398,668 TOTAL PUBLIC FUNDS $1,352,081 $305,000 $1,398,668 $1,398,668 Technology Support Services Continuation Budget TOTAL STATE FUNDS State General Funds 330.1 Defer the FY09 cost of living adjustment. $0 $0 $0 $0 $0 $0 $0 $0 State General Funds ($161,293) ($161,293) ($161,293) ($161,293) 330.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($469,931) ($406,088) $0 $0 330.3 Reduce funds designated for internal information technology projects. State General Funds ($400,000) ($900,000) ($1,100,000) ($1,100,000) 330.4 Reduce funds by limiting the purchase of supplies and other materials. State General Funds ($21,285) ($21,285) ($21,285) ($21,285) 330.5 Reduce funds by eliminating six vacant positions. State General Funds ($329,799) ($329,799) ($329,799) ($329,799) 330.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($210,991) ($210,991) ($210,991) ($210,991) 330.98 Transfer funds and activities from the Industry Regulation, Motor Vehicle Registration and Titling, Revenue Processing, and Tax Compliance programs to implement a program structure consistent with new service delivery platforms. FRIDAY, APRIL 3, 2009 5127 State General Funds $26,069,761 $26,069,761 $26,069,761 $26,069,761 330.99 CC: The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. Senate: The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. House: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers. Gov Rev: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers. State General Funds $0 $0 $0 $0 330.100-Technology Support Services Appropriation (HB 119) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $24,476,462 $24,040,305 $24,246,393 $24,246,393 State General Funds $24,476,462 $24,040,305 $24,246,393 $24,246,393 TOTAL PUBLIC FUNDS $24,476,462 $24,040,305 $24,246,393 $24,246,393 Motor Vehicle Registration and Titling Continuation Budget TOTAL STATE FUNDS State General Funds 506.1 Defer the FY09 cost of living adjustment. $0 $0 $0 $0 $0 $0 $0 $0 State General Funds ($99,910) ($99,910) ($99,910) ($99,910) 506.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($306,022) ($264,447) $0 $0 506.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($1,914,816) ($1,914,816) ($1,914,816) ($1,914,816) 506.4 Reduce funds by limiting the purchase of supplies and other materials. 5128 JOURNAL OF THE SENATE State General Funds ($58,031) ($58,031) ($58,031) ($58,031) 506.5 Reduce funds by eliminating eight vacant positions and four filled positions. (H:Reflect annual salary savings for twelve positions)(S and CC:Reduce funds from operations) State General Funds ($416,713) ($672,000) ($916,713) ($916,713) 506.6 Reduce funds by privatizing salvage vehicle inspections. State General Funds ($693,850) ($693,850) $0 $0 506.7 Reduce funds by combining Quality Assurance and Document Receipt and Control functions and eliminating seventeen hourly and fourteen temporary positions. State General Funds ($850,000) ($850,000) ($850,000) ($850,000) 506.8 Reduce funds designated for non-mandated services to county tag offices such as toner for tag and title printers and systems training. (S and CC:Reduce additional funds for non-mandated printers) State General Funds ($1,039,000) ($1,039,000) ($1,545,772) ($1,545,772) 506.9 Reduce funds by relying on one statutorily required notice to inform vehicle owners who are non-compliant with insurance requirements. State General Funds ($486,000) ($486,000) ($486,000) ($486,000) 506.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($86,882) ($86,882) ($86,882) ($86,882) 506.11 Replace one-time funds for motor vehicle tags and registration cards. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $2,895,700 $0 ($2,895,700) $0 $0 $0 506.98 Transfer funds and activities from the Salvage Inspection and the Tag and Title Registration programs. State General Funds Reserved Fund Balances Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,003,340 $2,895,700 $800,000 $19,699,040 $16,003,340 $2,895,700 $800,000 $19,699,040 $16,003,340 $2,895,700 $800,000 $19,699,040 $16,003,340 $2,895,700 $800,000 $19,699,040 506.99 CC: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance. Senate: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance. FRIDAY, APRIL 3, 2009 5129 House: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and inspection rebuilt vehicles for road-worthiness for new title issuance. Gov Rev: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and inspection rebuilt vehicles for road-worthiness for new title issuance. State General Funds $0 $0 $0 $0 506.100-Motor Vehicle Registration and Titling Appropriation (HB 119) The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance. TOTAL STATE FUNDS $10,052,116 $9,838,404 $12,940,916 $10,045,216 State General Funds $10,052,116 $9,838,404 $12,940,916 $10,045,216 TOTAL AGENCY FUNDS $3,695,700 $3,695,700 $800,000 $3,695,700 Reserved Fund Balances $2,895,700 $2,895,700 $2,895,700 Reserved Fund Balances Not Itemized $2,895,700 $2,895,700 $2,895,700 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 $13,747,816 $13,534,104 $13,740,916 $13,740,916 Section 41: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $40,504,390 $40,504,390 $1,939,894 $50,000 $1,889,894 $42,444,284 $40,504,390 $40,504,390 $1,939,894 $50,000 $1,889,894 $42,444,284 $40,504,390 $40,504,390 $1,939,894 $50,000 $1,889,894 $42,444,284 $40,504,390 $40,504,390 $1,939,894 $50,000 $1,889,894 $42,444,284 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services Section Total - Final $33,654,027 $32,561,443 $33,654,027 $32,561,443 $1,939,894 $1,939,894 $50,000 $50,000 $1,889,894 $1,889,894 $34,255,872 $34,255,872 $1,939,894 $50,000 $1,889,894 $33,871,025 $33,871,025 $1,939,894 $50,000 $1,889,894 5130 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $35,593,921 $34,501,337 $36,195,766 $35,810,919 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 331.1 Defer the FY09 cost of living adjustment. $6,363,415 $6,363,415 $532,671 $532,671 $435,771 $96,900 $6,896,086 $6,363,415 $6,363,415 $532,671 $532,671 $435,771 $96,900 $6,896,086 $6,363,415 $6,363,415 $532,671 $532,671 $435,771 $96,900 $6,896,086 $6,363,415 $6,363,415 $532,671 $532,671 $435,771 $96,900 $6,896,086 State General Funds ($40,420) ($40,420) ($40,420) ($40,420) 331.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($117,062) ($101,158) $0 $0 331.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($33,427) ($33,427) ($33,427) ($33,427) 331.4 Reduce funds from program-wide operating expenses based on streamlined service delivery. State General Funds ($316,409) ($316,409) ($316,409) ($316,409) 331.5 Reduce funds by eliminating nineteen positions to reflect the reorganization. State General Funds ($560,319) ($560,319) ($560,319) ($560,319) 331.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($67,561) ($67,561) ($67,561) ($67,561) 331.7 Reduce funds from the Georgia Historical Society ($8,000) and transfer remaining funds to the Department of Economic FRIDAY, APRIL 3, 2009 5131 Development Tourism program ($90,000). State General Funds ($98,000) ($98,000) 331.98 Transfer all funds and activities from the Capitol Tours program. (H:Reduce funds from Capitol Tours)(CC:Transfer all funds and activities from the Capitol Tour program) State General Funds $168,558 $0 $168,558 $151,702 331.99 CC: The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center. Senate: The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center. State General Funds $0 $0 331.100-Archives and Records Appropriation (HB 119) The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center. TOTAL STATE FUNDS $5,396,775 $5,244,121 $5,415,837 $5,398,981 State General Funds $5,396,775 $5,244,121 $5,415,837 $5,398,981 TOTAL AGENCY FUNDS $532,671 $532,671 $532,671 $532,671 Sales and Services $532,671 $532,671 $532,671 $532,671 Record Center Storage Fees $435,771 $435,771 $435,771 $435,771 Sales and Services Not Itemized $96,900 $96,900 $96,900 $96,900 TOTAL PUBLIC FUNDS $5,929,446 $5,776,792 $5,948,508 $5,931,652 Capitol Tours Continuation Budget The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS $168,558 State General Funds $168,558 TOTAL PUBLIC FUNDS $168,558 332.98 Transfer all funds and activities to the Archives and Records program. $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 $168,558 5132 JOURNAL OF THE SENATE State General Funds ($168,558) ($168,558) ($168,558) ($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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 333.1 Defer the FY09 cost of living adjustment. $1,339,523 $1,339,523 $739,512 $739,512 $739,512 $2,079,035 $1,339,523 $1,339,523 $739,512 $739,512 $739,512 $2,079,035 $1,339,523 $1,339,523 $739,512 $739,512 $739,512 $2,079,035 $1,339,523 $1,339,523 $739,512 $739,512 $739,512 $2,079,035 State General Funds ($19,261) ($19,261) ($19,261) ($19,261) 333.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($55,636) ($48,077) $0 $0 333.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($22,757) ($22,757) ($22,757) ($22,757) 333.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($22,359) ($22,359) ($22,359) ($22,359) 333.100 -Corporations Appropriation (HB 119) 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 $1,219,510 $1,227,069 $1,275,146 $1,275,146 State General Funds $1,219,510 $1,227,069 $1,275,146 $1,275,146 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 $739,512 FRIDAY, APRIL 3, 2009 5133 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $739,512 $739,512 $1,959,022 $739,512 $739,512 $1,966,581 $739,512 $739,512 $2,014,658 $739,512 $739,512 $2,014,658 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 334.1 Defer the FY09 cost of living adjustment. $6,029,562 $6,029,562 $340,133 $340,133 $340,133 $6,369,695 $6,029,562 $6,029,562 $340,133 $340,133 $340,133 $6,369,695 $6,029,562 $6,029,562 $340,133 $340,133 $340,133 $6,369,695 $6,029,562 $6,029,562 $340,133 $340,133 $340,133 $6,369,695 State General Funds ($20,845) ($20,845) ($20,845) ($20,845) 334.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($60,375) ($52,173) $0 $0 334.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($306,852) ($306,852) ($306,852) ($306,852) 334.4 Reduce one-time funds received in HB990 (FY09G) for voter ID education and online training for local election officials. State General Funds ($520,000) ($520,000) ($520,000) ($520,000) 334.5 Reduce one-time funds received in HB990 (FY09G) for voting machine technicians to support the 2008 election cycle. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 334.6 Reduce funds to reflect savings from utilizing existing supplies of voter registration applications, outsourcing printing precinct 5134 JOURNAL OF THE SENATE cards, and publishing the Official Directory of Elected Officials online. State General Funds ($78,740) ($78,740) ($78,740) ($78,740) 334.7 Reduce funds to reflect savings from the consolidation of mail routes. State General Funds ($3,000) ($3,000) ($3,000) ($3,000) 334.8 Reduce funds from the contract with Kennesaw State University for election machine testing and certification. State General Funds ($29,403) ($29,403) ($29,403) ($29,403) 334.9 Transfer funds from the Office Administration program to maintain Maintenance of Effort levels as required by the Help America Vote Act. State General Funds $50,000 $25,000 334.100 -Elections Appropriation (HB 119) 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 $4,610,347 $4,618,549 $4,720,722 $4,695,722 State General Funds $4,610,347 $4,618,549 $4,720,722 $4,695,722 TOTAL AGENCY FUNDS $340,133 $340,133 $340,133 $340,133 Sales and Services $340,133 $340,133 $340,133 $340,133 Sales and Services Not Itemized $340,133 $340,133 $340,133 $340,133 TOTAL PUBLIC FUNDS $4,950,480 $4,958,682 $5,060,855 $5,035,855 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 335.1 Defer the FY09 cost of living adjustment. $8,452,027 $8,452,027 $127,578 $127,578 $127,578 $8,579,605 $8,452,027 $8,452,027 $127,578 $127,578 $127,578 $8,579,605 $8,452,027 $8,452,027 $127,578 $127,578 $127,578 $8,579,605 $8,452,027 $8,452,027 $127,578 $127,578 $127,578 $8,579,605 State General Funds ($88,686) ($88,686) ($88,686) ($88,686) FRIDAY, APRIL 3, 2009 5135 335.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($263,739) ($227,908) $0 $0 335.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($58,728) ($58,728) ($58,728) ($58,728) 335.4 Reduce funds from personnel. State General Funds ($301,156) ($301,156) ($301,156) ($301,156) 335.5 Reduce funds from temporary positions and eliminate one vacant full-time position. State General Funds ($501,781) ($501,781) ($501,781) ($501,781) 335.6 Reduce funds for the Martin Luther King, Jr. holiday celebration based on prior year expenditures. State General Funds ($5,000) ($5,000) ($5,000) ($5,000) 335.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($83,244) ($83,244) ($83,244) ($83,244) 335.8 Reduce merit system assessments from $147 to $137 per position. State General Funds ($10,475) ($10,475) ($10,475) 335.9 Reduce funds from operations. (S:Transfer funds ($50,000) to the Elections program to maintain Maintenance of Effort levels as required by the Help America Vote Act)(CC:Reduce funds from operations ($25,000) and transfer funds to the Elections program to maintain Maintenance of Effort levels as required by the Help America Vote Act ($25,000)) State General Funds ($185,813) ($235,813) ($235,813) 335.100-Office Administration Appropriation (HB 119) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $7,149,693 $6,989,236 $7,167,144 $7,167,144 State General Funds $7,149,693 $6,989,236 $7,167,144 $7,167,144 TOTAL AGENCY FUNDS $127,578 $127,578 $127,578 $127,578 5136 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $127,578 $127,578 $7,277,271 $127,578 $127,578 $7,116,814 $127,578 $127,578 $7,294,722 $127,578 $127,578 $7,294,722 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 336.1 Defer the FY09 cost of living adjustment. $8,755,732 $8,755,732 $150,000 $150,000 $150,000 $8,905,732 $8,755,732 $8,755,732 $150,000 $150,000 $150,000 $8,905,732 $8,755,732 $8,755,732 $150,000 $150,000 $150,000 $8,905,732 $8,755,732 $8,755,732 $150,000 $150,000 $150,000 $8,905,732 State General Funds ($74,484) ($74,484) ($74,484) ($74,484) 336.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($215,864) ($186,537) $0 $0 336.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($58,728) ($58,728) ($58,728) ($58,728) 336.4 Reduce funds by eliminating eighteen positions to reflect staff reorganization. State General Funds ($814,218) ($814,218) ($814,218) ($814,218) 336.5 Reduce funds for exam proctors and from contracts related to direct exam expenses. State General Funds ($138,141) ($138,141) ($138,141) ($138,141) 336.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($85,814) ($85,814) ($85,814) ($85,814) FRIDAY, APRIL 3, 2009 5137 336.100-Professional Licensing Boards Appropriation (HB 119) 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 $7,368,483 $7,397,810 $7,584,347 $7,584,347 State General Funds $7,368,483 $7,397,810 $7,584,347 $7,584,347 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 $7,518,483 $7,547,810 $7,734,347 $7,734,347 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 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS 337.1 Defer the FY09 cost of living adjustment. $1,862,983 $1,862,983 $50,000 $50,000 $50,000 $1,912,983 $1,862,983 $1,862,983 $50,000 $50,000 $50,000 $1,912,983 $1,862,983 $1,862,983 $50,000 $50,000 $50,000 $1,912,983 $1,862,983 $1,862,983 $50,000 $50,000 $50,000 $1,912,983 State General Funds ($22,507) ($22,507) ($22,507) ($22,507) 337.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($65,183) ($56,327) $0 $0 337.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($7,608) ($7,608) ($7,608) ($7,608) 337.4 Reduce funds by not filling three vacant positions. 5138 JOURNAL OF THE SENATE State General Funds ($205,463) ($205,463) ($205,463) ($205,463) 337.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($18,236) ($18,236) ($18,236) ($18,236) 337.99 CC: The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act, and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions. Senate: The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act, and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions. State General Funds $0 $0 337.100 -Securities Appropriation (HB 119) The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act, and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions. TOTAL STATE FUNDS $1,543,986 $1,552,842 $1,609,169 $1,609,169 State General Funds $1,543,986 $1,552,842 $1,609,169 $1,609,169 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 $1,593,986 $1,602,842 $1,659,169 $1,659,169 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 338.1 Defer the FY09 cost of living adjustment. $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 $364,819 State General Funds ($3,173) ($3,173) ($3,173) ($3,173) 338.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of FRIDAY, APRIL 3, 2009 5139 State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($11,065) ($9,561) $0 $0 338.3 Reduce funds for part-time exhibit coordinators. State General Funds ($20,600) ($20,600) ($20,600) ($20,600) 338.4 Reduce funds from consulting fees for teacher training provided statewide. State General Funds ($6,815) ($6,815) ($6,815) ($6,815) 338.5 Reduce funds from operations. State General Funds ($8,039) ($8,039) ($8,039) ($8,039) 338.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,191) ($3,191) ($3,191) ($3,191) 338.100-Commission on the Holocaust, Georgia Appropriation (HB 119) 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 $311,936 $313,440 $323,001 $323,001 State General Funds $311,936 $313,440 $323,001 $323,001 TOTAL PUBLIC FUNDS $311,936 $313,440 $323,001 $323,001 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 339.1 Defer the FY09 cost of living adjustment. $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 $1,713,440 State General Funds ($16,416) ($16,416) ($16,416) ($16,416) 339.2 Defer structure adjustments to the statewide salary plan. State General Funds ($167) ($167) ($167) ($167) 5140 JOURNAL OF THE SENATE 339.3 Defer special adjustments to selected job classes. State General Funds ($38,044) ($38,044) ($38,044) ($38,044) 339.4 Defer the special pay raise received in HB990 (FY09G) for compliance investigators to address retention and compression issues. State General Funds ($175,000) ($175,000) ($175,000) ($175,000) 339.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($54,055) ($46,711) $0 $0 339.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds $7,032 $7,032 $7,032 $7,032 339.7 Reduce funds and defer hiring two compliance investigator positions. State General Funds ($115,105) ($115,105) ($115,105) ($115,105) 339.8 Reduce funds to reflect the revised revenue estimate. State General Funds ($13,307) ($13,307) ($13,307) ($13,307) 339.99 CC: The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances and dangerous drugs, and to ensure only licensed facilities or persons dispense or distribute pharmaceuticals. Senate: The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances and dangerous drugs, and to ensure only licensed facilities or persons dispense or distribute pharmaceuticals. State General Funds $0 $0 339.100-Drugs and Narcotics Agency, Georgia Appropriation (HB 119) The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances and dangerous drugs, and to ensure only licensed facilities or persons dispense or distribute pharmaceuticals. TOTAL STATE FUNDS $1,308,378 $1,315,722 $1,362,433 $1,362,433 State General Funds $1,308,378 $1,315,722 $1,362,433 $1,362,433 TOTAL PUBLIC FUNDS $1,308,378 $1,315,722 $1,362,433 $1,362,433 FRIDAY, APRIL 3, 2009 5141 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 340.1 Defer the FY09 cost of living adjustment. $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 $3,671,540 State General Funds ($29,238) ($29,238) ($29,238) ($29,238) 340.2 Defer structure adjustments to the statewide salary plan. State General Funds ($94) ($94) ($94) ($94) 340.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($53,850) ($68,034) $0 $0 340.4 Reduce funds by eliminating one vacant investigator and one vacant investigative support position. (H and S:Reduce funds added in FY08 and FY09 for three additional positions)(CC:Reduce additional funds from personnel) State General Funds ($70,000) ($149,426) ($149,426) ($149,426) 340.5 Eliminate funds received in HB990 (FY09G) for the State Licensing Board of Home Inspectors per HB1217 (2008 Session) that failed to pass. State General Funds ($130,000) ($130,000) ($130,000) ($130,000) 340.6 Reduce funds designated to purchase vehicles, eliminate the use of printed transcripts for commission meetings, increase the frequency of teleconference meetings, and realize operational efficiencies through reduced administration hearings. State General Funds ($109,646) ($109,646) ($109,646) ($109,646) 340.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($32,645) ($32,645) ($32,645) ($32,645) 340.99 CC: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. 5142 JOURNAL OF THE SENATE Senate: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. State General Funds $0 $0 340.100-Real Estate Commission Appropriation (HB 119) The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. TOTAL STATE FUNDS $3,246,067 $3,152,457 $3,220,491 $3,220,491 State General Funds $3,246,067 $3,152,457 $3,220,491 $3,220,491 TOTAL PUBLIC FUNDS $3,246,067 $3,152,457 $3,220,491 $3,220,491 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 341.1 Defer the FY09 cost of living adjustment. $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 $1,782,791 State General Funds ($17,719) ($17,719) ($17,719) ($17,719) 341.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($78,730) ($46,534) $0 $0 341.3 Reduce funds from operations. State General Funds ($172,009) $0 ($172,009) $0 341.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($15,481) ($15,481) ($15,481) ($15,481) FRIDAY, APRIL 3, 2009 5143 341.5 Reduce funds provided in HB1027 (FY07G) to improve filing through automation, and recognize an additional reduction in funds as a result of the savings to the state attained through automation. State General Funds ($1,030,501) $0 ($515,000) 341.6 Increase funds to pay the Georgia Building Authority for past due rent dating back to March 2008 in order to avoid further penalties for delinquency. State General Funds $77,641 $0 $0 341.100-State Ethics Commission Appropriation (HB 119) 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 $1,498,852 $750,197 $1,577,582 $1,234,591 State General Funds $1,498,852 $750,197 $1,577,582 $1,234,591 TOTAL PUBLIC FUNDS $1,498,852 $750,197 $1,577,582 $1,234,591 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 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $9,141,931 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $9,141,931 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $9,141,931 $3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $9,141,931 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Final $3,104,345 $3,115,030 $3,104,345 $3,115,030 $1,717,500 $1,717,500 $1,717,500 $1,717,500 $3,185,293 $3,185,293 $1,717,500 $1,717,500 $3,185,293 $3,185,293 $1,717,500 $1,717,500 5144 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $8,673,437 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $8,684,122 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $8,754,385 $2,401,971 $2,401,971 $1,449,621 $230,000 $1,219,621 $8,754,385 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 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 $744,561 342.1 Defer the FY09 cost of living adjustment. State General Funds ($3,499) ($3,499) ($3,499) ($3,499) 342.2 Defer special adjustments to selected job classes. State General Funds ($7,269) ($7,269) ($7,269) ($7,269) 342.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($22,501) ($19,444) $0 $0 342.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($1,262) ($1,262) ($1,262) ($1,262) 342.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($7,588) $0 $0 $0 342.6 Reduce merit system assessments from $147 to $137 per position. State General Funds ($362) ($362) ($362) FRIDAY, APRIL 3, 2009 5145 342.100-Commission Administration Appropriation (HB 119) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $702,442 $712,725 $732,169 $732,169 State General Funds $702,442 $712,725 $732,169 $732,169 TOTAL PUBLIC FUNDS $702,442 $712,725 $732,169 $732,169 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 343.1 Defer the FY09 cost of living adjustment. $322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271 $322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271 $322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271 $322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271 State General Funds ($1,954) ($1,954) ($1,954) ($1,954) 343.2 Defer special adjustments to selected job classes. State General Funds ($4,060) ($4,060) ($4,060) ($4,060) 343.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($9,606) ($8,301) $0 $0 343.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($559) ($559) ($559) ($559) 343.5 Reduce funds to reflect the revised revenue estimate. 5146 JOURNAL OF THE SENATE State General Funds ($3,271) $0 $0 $0 343.99 CC: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. Senate: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. State General Funds $0 $0 343.100-Conservation of Agricultural Water Supplies Appropriation (HB 119) The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. TOTAL STATE FUNDS $302,850 $307,426 $315,727 $315,727 State General Funds $302,850 $307,426 $315,727 $315,727 TOTAL FEDERAL FUNDS $1,465,000 $1,465,000 $1,465,000 $1,465,000 Federal Funds Not Itemized $1,465,000 $1,465,000 $1,465,000 $1,465,000 TOTAL AGENCY FUNDS $2,351,971 $2,351,971 $2,351,971 $2,351,971 Intergovernmental Transfers $2,351,971 $2,351,971 $2,351,971 $2,351,971 Intergovernmental Transfers Not Itemized $2,351,971 $2,351,971 $2,351,971 $2,351,971 TOTAL PUBLIC FUNDS $4,119,821 $4,124,397 $4,132,698 $4,132,698 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 $1,656,609 $1,656,609 $252,500 $252,500 $50,000 $50,000 $1,656,609 $1,656,609 $252,500 $252,500 $50,000 $50,000 $1,656,609 $1,656,609 $252,500 $252,500 $50,000 $50,000 $1,656,609 $1,656,609 $252,500 $252,500 $50,000 $50,000 FRIDAY, APRIL 3, 2009 5147 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 344.1 Defer the FY09 cost of living adjustment. $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730 State General Funds ($14,216) ($14,216) ($14,216) ($14,216) 344.2 Defer special adjustments to selected job classes. State General Funds ($29,533) ($29,533) ($29,533) ($29,533) 344.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($48,339) ($41,772) $0 $0 344.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($1,226) ($1,226) ($1,226) ($1,226) 344.5 Reduce funds to reflect the revised revenue estimate. State General Funds ($16,701) ($31,664) ($31,664) ($31,664) 344.99 CC: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. Senate: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, 5148 JOURNAL OF THE SENATE by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. State General Funds $0 $0 344.100-Conservation of Soil and Water Resources Appropriation (HB 119) The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. TOTAL STATE FUNDS $1,546,594 $1,538,198 $1,579,970 $1,579,970 State General Funds $1,546,594 $1,538,198 $1,579,970 $1,579,970 TOTAL FEDERAL FUNDS $252,500 $252,500 $252,500 $252,500 Federal Funds Not Itemized $252,500 $252,500 $252,500 $252,500 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 $1,449,621 $1,449,621 $1,449,621 $1,449,621 State Funds Transfers $230,000 $230,000 $230,000 $230,000 Agency to Agency Contracts $230,000 $230,000 $230,000 $230,000 Federal Funds Transfers $1,219,621 $1,219,621 $1,219,621 $1,219,621 FF Water Quality Management Planning CFDA66.454 $1,219,621 $1,219,621 $1,219,621 $1,219,621 TOTAL PUBLIC FUNDS $3,298,715 $3,290,319 $3,332,091 $3,332,091 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 $98,810 $98,810 $98,810 $98,810 State General Funds $98,810 $98,810 $98,810 $98,810 TOTAL PUBLIC FUNDS $98,810 $98,810 $98,810 $98,810 345.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce FRIDAY, APRIL 3, 2009 5149 funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($720) ($622) $0 $0 345.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($21) ($21) ($21) ($21) 345.3 Transfer funds from the Water Resources and Land Use Planning program to bring high risk dam structures into compliance with Georgia's Safe Dams Act. State General Funds $70,000 $70,000 $70,000 $70,000 345.99 CC: The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. Senate: The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. State General Funds $0 $0 345.100-U.S.D.A. Flood Control Watershed Structures Appropriation (HB 119) The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. TOTAL STATE FUNDS $168,069 $168,167 $168,789 $168,789 State General Funds $168,069 $168,167 $168,789 $168,789 TOTAL PUBLIC FUNDS $168,069 $168,167 $168,789 $168,789 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 $750,559 $750,559 $750,559 $750,559 State General Funds $750,559 $750,559 $750,559 $750,559 TOTAL PUBLIC FUNDS $750,559 $750,559 $750,559 $750,559 346.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce 5150 JOURNAL OF THE SENATE funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($144) ($124) $0 $0 346.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($11) ($11) ($11) ($11) 346.3 Reduce funds from contracts. State General Funds ($271,910) ($271,910) ($271,910) ($271,910) 346.4 Transfer funds to the U.S.D.A. Flood Control Watershed Structures program to bring high risk dam structures into compliance with Georgia's Safe Dams Act. State General Funds ($70,000) ($70,000) ($70,000) ($70,000) 346.5 Reduce funds from personnel. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 346.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($4,104) $0 $0 $0 346.99 CC: The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. Senate: The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. State General Funds $0 $0 346.100-Water Resources and Land Use Planning Appropriation (HB 119) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $384,390 $388,514 $388,638 $388,638 State General Funds $384,390 $388,514 $388,638 $388,638 TOTAL PUBLIC FUNDS $384,390 $388,514 $388,638 $388,638 Section 43: State Personnel Administration Section Total - Continuation FRIDAY, APRIL 3, 2009 5151 TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $1,373,192 $1,186,583 $10,346 $176,263 $12,615,578 $12,615,578 $13,988,770 $1,373,192 $1,186,583 $10,346 $176,263 $12,615,578 $12,615,578 $13,988,770 $1,373,192 $1,186,583 $10,346 $176,263 $12,615,578 $12,615,578 $13,988,770 $1,373,192 $1,186,583 $10,346 $176,263 $12,615,578 $12,615,578 $13,988,770 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 - Final $1,373,192 $1,373,192 $1,186,583 $1,186,583 $10,346 $10,346 $176,263 $176,263 $11,022,499 $9,947,607 $11,022,499 $9,947,607 $12,395,691 $11,320,799 $1,373,192 $1,186,583 $10,346 $176,263 $9,947,607 $9,947,607 $11,320,799 $1,373,192 $1,186,583 $10,346 $176,263 $9,947,607 $9,947,607 $11,320,799 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 347.1 Defer the FY09 cost of living adjustment. $0 $1,293,708 $1,293,708 $1,293,708 $1,293,708 $0 $1,293,708 $1,293,708 $1,293,708 $1,293,708 $0 $1,293,708 $1,293,708 $1,293,708 $1,293,708 $0 $1,293,708 $1,293,708 $1,293,708 $1,293,708 Merit System Assessments ($12,939) ($12,939) ($12,939) ($12,939) 347.2 Reduce merit system assessments from $147 to $137 per position. Merit System Assessments ($107,489) ($107,489) ($107,489) 347.99 CC: The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning, and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs. Senate: The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council 5152 JOURNAL OF THE SENATE workshops, strategic recruitment planning, and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs. House: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state. Gov Rev: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state. Merit System Assessments $0 $0 $0 $0 347.100-Recruitment and Staffing Services Appropriation (HB 119) The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning, and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,280,769 $1,173,280 $1,173,280 $1,173,280 State Funds Transfers $1,280,769 $1,173,280 $1,173,280 $1,173,280 Merit System Assessments $1,280,769 $1,173,280 $1,173,280 $1,173,280 TOTAL PUBLIC FUNDS $1,280,769 $1,173,280 $1,173,280 $1,173,280 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 348.1 Defer the FY09 cost of living adjustment. $0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910 $0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910 Merit System Assessments ($116,184) ($116,184) 348.2 Reduce funds from the E-Recruitment program and submit payment to the State Treasury. Merit System Assessments ($1,398,877) ($1,398,877) 348.3 Reduce merit system assessments from $147 to $137 per position. $0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910 ($116,184) ($1,398,877) $0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910 ($116,184) ($1,398,877) FRIDAY, APRIL 3, 2009 5153 Merit System Assessments ($257,974) ($257,974) ($257,974) 348.100-System Administration Appropriation (HB 119) 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 $2,776,578 $2,518,604 $2,518,604 State Funds Transfers $2,776,578 $2,518,604 $2,518,604 Merit System Assessments $2,776,578 $2,518,604 $2,518,604 TOTAL PUBLIC FUNDS $2,878,849 $2,620,875 $2,620,875 $102,271 $102,271 $102,271 $2,518,604 $2,518,604 $2,518,604 $2,620,875 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 State General Funds TOTAL AGENCY FUNDS 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 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668 $0 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668 $0 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668 349.1 Defer the FY09 cost of living adjustment. Merit System Assessments ($27,278) 349.2 Reduce merit system assessments from $147 to $137 per position. Merit System Assessments ($27,278) ($376,212) ($27,278) ($376,212) ($27,278) ($376,212) 5154 JOURNAL OF THE SENATE 349.100-Total Compensation and Rewards Appropriation (HB 119) 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 $1,270,921 Reserved Fund Balances $1,084,312 $1,084,312 $1,084,312 $1,084,312 Reserved Fund Balances Not Itemized $1,084,312 $1,084,312 $1,084,312 $1,084,312 Interest and Investment Income $10,346 $10,346 $10,346 $10,346 Interest and Investment Income Not Itemized $10,346 $10,346 $10,346 $10,346 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 $3,089,469 $2,713,257 $2,713,257 $2,713,257 State Funds Transfers $3,089,469 $2,713,257 $2,713,257 $2,713,257 Merit System Assessments $3,061,630 $2,685,418 $2,685,418 $2,685,418 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,360,390 $3,984,178 $3,984,178 $3,984,178 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 350.1 Defer the FY09 cost of living adjustment. $0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484 $0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484 $0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484 $0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484 Merit System Assessments ($37,801) ($37,801) ($37,801) ($37,801) 350.2 Reduce merit system assessments from $147 to $137 per position. Merit System Assessments ($333,217) ($333,217) ($333,217) 350.99 CC: The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and assessments of job-related skills to assist employees in their career development. Senate: The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide FRIDAY, APRIL 3, 2009 5155 training opportunities and assessments of job-related skills to assist employees in their career development. State General Funds $0 $0 350.100-Workforce Development and Alignment Appropriation (HB 119) The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and assessments of job-related skills to assist employees in their career development. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,875,683 $3,542,466 $3,542,466 $3,542,466 State Funds Transfers $3,875,683 $3,542,466 $3,542,466 $3,542,466 Merit System Assessments $3,570,092 $3,236,875 $3,236,875 $3,236,875 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,875,683 $3,542,466 $3,542,466 $3,542,466 The Department is authorized to assess no more than $137.00 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 44: 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 $576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634 $576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634 $576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634 $576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $625,914,944 $626,063,587 $37,528,158 $37,676,801 $588,386,786 $588,386,786 $520,653 $520,653 $520,653 $520,653 $626,435,597 $626,584,240 $626,193,024 $37,699,977 $588,493,047 $520,653 $520,653 $626,713,677 $626,193,024 $37,699,977 $588,493,047 $520,653 $520,653 $626,713,677 5156 JOURNAL OF THE SENATE 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 Increase funds to meet projected need. $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 $4,200,000 Lottery Proceeds $300,000 $300,000 $300,000 $300,000 351.100 -Accel Appropriation (HB 119) 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 $4,500,000 $4,500,000 $4,500,000 $4,500,000 Lottery Proceeds $4,500,000 $4,500,000 $4,500,000 $4,500,000 TOTAL PUBLIC FUNDS $4,500,000 $4,500,000 $4,500,000 $4,500,000 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 $710,000 $0 $710,000 $710,000 $710,000 $0 $710,000 $710,000 $710,000 $0 $710,000 $710,000 $710,000 $0 $710,000 $710,000 352.100-Engineer Scholarship Appropriation (HB 119) 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 $710,000 $710,000 $710,000 $710,000 Lottery Proceeds $710,000 $710,000 $710,000 $710,000 TOTAL PUBLIC FUNDS $710,000 $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, FRIDAY, APRIL 3, 2009 5157 thereby strengthening Georgia's National Guard with their membership. TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 353.100-Georgia Military College Scholarship Appropriation (HB 119) 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 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 354.1 Eliminate funds. $1,629,200 $1,629,200 $400,000 $400,000 $400,000 $2,029,200 $1,629,200 $1,629,200 $400,000 $400,000 $400,000 $2,029,200 $1,629,200 $1,629,200 $400,000 $400,000 $400,000 $2,029,200 $1,629,200 $1,629,200 $400,000 $400,000 $400,000 $2,029,200 State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($1,629,200) ($400,000) ($2,029,200) ($1,629,200) ($400,000) ($2,029,200) ($1,629,200) ($400,000) ($2,029,200) ($1,629,200) ($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 PUBLIC FUNDS 355.1 Reduce funds to meet projected need. $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 $3,599,883 5158 JOURNAL OF THE SENATE State General Funds ($410,000) ($410,000) ($410,000) ($410,000) 355.100-Guaranteed Educational Loans Appropriation (HB 119) 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 $3,189,883 $3,189,883 $3,189,883 $3,189,883 State General Funds $3,189,883 $3,189,883 $3,189,883 $3,189,883 TOTAL PUBLIC FUNDS $3,189,883 $3,189,883 $3,189,883 $3,189,883 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $200,000 $200,000 $718,000 $718,000 $718,000 $918,000 $200,000 $200,000 $718,000 $718,000 $718,000 $918,000 $200,000 $200,000 $718,000 $718,000 $718,000 $918,000 $200,000 $200,000 $718,000 $718,000 $718,000 $918,000 356.1 Increase funds to meet projected need and reflect the loss of prior-year reserves. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $600,000 ($718,000) ($118,000) $600,000 ($718,000) ($118,000) $600,000 ($718,000) ($118,000) $600,000 ($718,000) ($118,000) 356.99 CC: 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 spouses and children of such members. Senate: 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 spouses and children of such members. House: 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 spouses and children of such members. Gov Rev: 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 spouses and children of such members. State General Funds $0 $0 $0 $0 FRIDAY, APRIL 3, 2009 5159 356.100-HERO Scholarship Appropriation (HB 119) 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 spouses and children of such members. 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 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 Defer the FY09 cost of living adjustment. $5,488,608 $0 $5,488,608 $500,000 $500,000 $500,000 $5,988,608 $5,488,608 $0 $5,488,608 $500,000 $500,000 $500,000 $5,988,608 $5,488,608 $0 $5,488,608 $500,000 $500,000 $500,000 $5,988,608 $5,488,608 $0 $5,488,608 $500,000 $500,000 $500,000 $5,988,608 Lottery Proceeds ($60,332) ($60,332) ($60,332) ($60,332) 357.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) Lottery Proceeds ($106,261) ($106,261) $0 $0 357.3 Reduce funds. Intergovernmental Transfers Not Itemized ($500,000) ($500,000) ($500,000) ($500,000) 357.100-HOPE Administration Appropriation (HB 119) 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. 5160 JOURNAL OF THE SENATE TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS $5,322,015 $5,322,015 $5,322,015 $5,322,015 $5,322,015 $5,322,015 $5,428,276 $5,428,276 $5,428,276 $5,428,276 $5,428,276 $5,428,276 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS 358.1 Reduce funds to meet projected need. $2,461,614 $0 $2,461,614 $2,461,614 $2,461,614 $0 $2,461,614 $2,461,614 $2,461,614 $0 $2,461,614 $2,461,614 $2,461,614 $0 $2,461,614 $2,461,614 Lottery Proceeds ($104,960) ($104,960) ($104,960) ($104,960) 358.99 CC: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Senate: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. House: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Gov Rev: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. State General Funds $0 $0 $0 $0 358.100-HOPE GED Appropriation (HB 119) The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. TOTAL STATE FUNDS $2,356,654 $2,356,654 $2,356,654 $2,356,654 Lottery Proceeds $2,356,654 $2,356,654 $2,356,654 $2,356,654 TOTAL PUBLIC FUNDS $2,356,654 $2,356,654 $2,356,654 $2,356,654 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. FRIDAY, APRIL 3, 2009 5161 TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS 359.1 Increase funds to meet projected need. Lottery Proceeds $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $113,251,243 $17,189,516 $17,189,516 $17,189,516 $17,189,516 359.100-HOPE Grant Appropriation (HB 119) 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 $130,440,759 $130,440,759 $130,440,759 $130,440,759 Lottery Proceeds $130,440,759 $130,440,759 $130,440,759 $130,440,759 TOTAL PUBLIC FUNDS $130,440,759 $130,440,759 $130,440,759 $130,440,759 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 Lottery Proceeds TOTAL PUBLIC FUNDS 360.1 Reduce funds to meet projected need. $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 $52,177,437 Lottery Proceeds ($9,854,343) ($9,854,343) ($9,854,343) ($9,854,343) 360.100-HOPE Scholarships - Private Schools Appropriation (HB 119) 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 $42,323,094 $42,323,094 $42,323,094 $42,323,094 Lottery Proceeds $42,323,094 $42,323,094 $42,323,094 $42,323,094 TOTAL PUBLIC FUNDS $42,323,094 $42,323,094 $42,323,094 $42,323,094 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 $354,276,159 $354,276,159 $354,276,159 $354,276,159 5162 JOURNAL OF THE SENATE Lottery Proceeds TOTAL PUBLIC FUNDS 361.1 Increase funds to meet projected need. Lottery Proceeds $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $354,276,159 $35,785,571 $35,785,571 $35,785,571 $35,785,571 361.100-HOPE Scholarships - Public Schools Appropriation (HB 119) 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 $390,061,730 $390,061,730 $390,061,730 $390,061,730 Lottery Proceeds $390,061,730 $390,061,730 $390,061,730 $390,061,730 TOTAL PUBLIC FUNDS $390,061,730 $390,061,730 $390,061,730 $390,061,730 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 $50,911 $50,911 $50,911 362.100-Law Enforcement Dependents Grant Appropriation (HB 119) 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 State General Funds $766,757 $766,757 $766,757 $766,757 $766,757 $766,757 $766,757 $766,757 FRIDAY, APRIL 3, 2009 5163 TOTAL FEDERAL FUNDS $520,653 $520,653 Federal Funds Not Itemized $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 $1,487,410 363.1 Increase funds to meet projected need and reflect the loss of prior-year reserves. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $200,000 ($200,000) $0 $200,000 ($200,000) $0 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410 $200,000 ($200,000) $0 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410 $200,000 ($200,000) $0 363.100-Leveraging Educational Assistance Partnership Program Appropriation (HB 119) 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 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 State General Funds TOTAL PUBLIC FUNDS 364.1 Increase funds to meet projected need. $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 State General Funds $818,849 $818,849 $818,849 $818,849 364.100-North Georgia Military Scholarship Grants Appropriation (HB 119) 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 $1,502,800 $1,502,800 $1,502,800 $1,502,800 5164 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 $1,502,800 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 365.1 Increase funds to meet projected need. $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 $507,479 State General Funds $145,000 $145,000 $145,000 365.100-North Georgia ROTC Grants Appropriation (HB 119) 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 $507,479 $507,479 $507,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 $652,479 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 $5,855,278 366.100-Promise Scholarship Appropriation (HB 119) 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 FRIDAY, APRIL 3, 2009 5165 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 Lottery Proceeds TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 $255,850 367.100-Public Memorial Safety Grant Appropriation (HB 119) 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 State General Funds $0 $0 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 $5,332,698 368.99 CC: The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages. Senate: The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages. State General Funds $0 $0 368.100-Teacher Scholarship Appropriation (HB 119) The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages. TOTAL STATE FUNDS $5,332,698 $5,332,698 $5,332,698 $5,332,698 5166 JOURNAL OF THE SENATE Lottery Proceeds TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 $5,332,698 $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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 369.1 Increase funds and the award amount from $850 to $1,100. $23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295 $23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295 $23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295 $23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295 State General Funds $6,500,000 $6,500,000 $6,500,000 $6,500,000 369.2 Reduce funds reflect the loss of prior-year reserves. Intergovernmental Transfers Not Itemized ($10,654,493) ($10,654,493) ($10,654,493) ($10,654,493) 369.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($46,608) ($46,608) ($46,608) ($46,608) 369.100-Tuition Equalization Grants Appropriation (HB 119) The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS $29,765,194 $29,765,194 $29,765,194 $29,765,194 State General Funds $29,765,194 $29,765,194 $29,765,194 $29,765,194 TOTAL PUBLIC FUNDS $29,765,194 $29,765,194 $29,765,194 $29,765,194 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 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 $803,910 FRIDAY, APRIL 3, 2009 5167 370.1 Defer the FY09 cost of living adjustment. State General Funds ($8,538) ($8,538) ($8,538) ($8,538) 370.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($26,819) ($23,176) $0 $0 370.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($3,419) ($3,419) ($3,419) ($3,419) 370.4 Reduce funds from operations. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 370.100-Nonpublic Postsecondary Education Commission Appropriation (HB 119) 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 $745,134 $745,134 $745,134 $748,777 $748,777 $748,777 $771,953 $771,953 $771,953 $771,953 $771,953 $771,953 Section 45: 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 $1,523,000 $1,523,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,208,277 $1,523,000 $1,523,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,208,277 $1,523,000 $1,523,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,208,277 $1,523,000 $1,523,000 $448,481 $448,481 $26,236,796 $26,236,796 $28,208,277 5168 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 $1,129,000 $1,129,000 $1,129,000 $1,129,000 $448,481 $448,481 $448,481 $448,481 $25,903,706 $25,903,706 $25,903,706 $25,903,706 $27,481,187 $27,481,187 $1,129,000 $1,129,000 $448,481 $448,481 $25,903,706 $25,903,706 $27,481,187 $1,129,000 $1,129,000 $448,481 $448,481 $25,903,706 $25,903,706 $27,481,187 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 State General Funds TOTAL PUBLIC FUNDS 371.1 Reduce funds per HB815 (2008 Session). $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 $1,523,000 State General Funds ($121,000) ($121,000) ($121,000) ($121,000) 371.2 Reduce funds due to the declining population of retired teachers who qualify for this benefit. State General Funds ($273,000) ($273,000) ($273,000) ($273,000) 371.99 CC: The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS. Senate: The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS. State General Funds $0 $0 371.100-Floor/COLA, Local System Fund Appropriation (HB 119) The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS. TOTAL STATE FUNDS $1,129,000 $1,129,000 $1,129,000 $1,129,000 State General Funds $1,129,000 $1,129,000 $1,129,000 $1,129,000 FRIDAY, APRIL 3, 2009 5169 TOTAL PUBLIC FUNDS $1,129,000 $1,129,000 $1,129,000 $1,129,000 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 Retirement Payments TOTAL PUBLIC FUNDS 372.1 Defer the FY09 cost of living adjustment. $0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277 $0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277 $0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277 $0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277 Retirement Payments ($273,950) ($273,950) ($273,950) ($273,950) 372.2 Reduce funds to reflect actual expenditures. Retirement Payments ($180,140) ($180,140) ($180,140) ($180,140) 372.3 Increase funds as required by HB815 (2008 Session). Retirement Payments $121,000 $121,000 $121,000 $121,000 372.100-System Administration Appropriation (HB 119) 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 $25,903,706 $25,903,706 $25,903,706 $25,903,706 State Funds Transfers $25,903,706 $25,903,706 $25,903,706 $25,903,706 Retirement Payments $25,903,706 $25,903,706 $25,903,706 $25,903,706 TOTAL PUBLIC FUNDS $26,352,187 $26,352,187 $26,352,187 $26,352,187 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.74% for State Fiscal Year 2010. 5170 JOURNAL OF THE SENATE Section 46: Technical College System of Georgia 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 TOTAL PUBLIC FUNDS Section Total - Continuation $370,975,007 $370,975,007 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 $370,975,007 $370,975,007 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 $370,975,007 $370,975,007 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 $370,975,007 $370,975,007 $60,500,000 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $623,090,007 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Child Care & Development Block Grant CFDA93.575 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 TOTAL PUBLIC FUNDS Section Total - Final $322,639,728 $321,662,636 $322,639,728 $321,662,636 $75,906,239 $75,906,239 $15,406,239 $15,406,239 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $590,160,967 $56,750,758 $3,749,242 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $589,183,875 $347,482,215 $347,482,215 $60,226,838 $1,662,111 $58,564,727 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $599,324,053 $331,829,976 $331,829,976 $75,633,077 $15,406,239 $1,662,111 $58,564,727 $191,575,000 $100,000 $191,475,000 $40,000 $40,000 $599,078,053 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. FRIDAY, APRIL 3, 2009 5171 TOTAL STATE FUNDS $16,297,100 $16,297,100 $16,297,100 $16,297,100 State General Funds $16,297,100 $16,297,100 $16,297,100 $16,297,100 TOTAL FEDERAL FUNDS $15,400,000 $15,400,000 $15,400,000 $15,400,000 Federal Funds Not Itemized $15,400,000 $15,400,000 $15,400,000 $15,400,000 TOTAL AGENCY FUNDS $3,200,000 $3,200,000 $3,200,000 $3,200,000 Sales and Services $3,200,000 $3,200,000 $3,200,000 $3,200,000 Sales and Services Not Itemized $3,200,000 $3,200,000 $3,200,000 $3,200,000 TOTAL PUBLIC FUNDS $34,897,100 $34,897,100 $34,897,100 $34,897,100 373.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($367,420) ($317,504) $0 $0 373.2 Reduce funds from Adult Literacy grants. State General Funds ($1,479,888) ($1,479,888) ($1,479,888) ($1,479,888) 373.3 Reduce funds to reflect the revised revenue estimate. State General Funds ($145,008) ($145,008) ($145,008) ($145,008) 373.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $31,632 $31,632 373.99 CC: The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills. Senate: The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills. State General Funds $0 $0 373.100-Adult Literacy Appropriation (HB 119) The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills. TOTAL STATE FUNDS $14,304,784 $14,354,700 $14,703,836 $14,703,836 State General Funds $14,304,784 $14,354,700 $14,703,836 $14,703,836 5172 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 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $32,904,784 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $32,954,700 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $33,303,836 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $33,303,836 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 $10,213,558 $10,213,558 $10,213,558 $10,213,558 State General Funds $10,213,558 $10,213,558 $10,213,558 $10,213,558 TOTAL FEDERAL FUNDS $3,800,000 $3,800,000 $3,800,000 $3,800,000 Federal Funds Not Itemized $3,750,000 $3,750,000 $3,750,000 $3,750,000 Temporary Assistance for Needy Families $50,000 $50,000 $50,000 $50,000 Temporary Assistance for Needy Families Grant CFDA93.558 $50,000 $50,000 $50,000 $50,000 TOTAL AGENCY FUNDS $1,400,000 $1,400,000 $1,400,000 $1,400,000 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 $1,300,000 $1,300,000 $1,300,000 $1,300,000 Sales and Services Not Itemized $1,300,000 $1,300,000 $1,300,000 $1,300,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $40,000 $40,000 $40,000 $40,000 State Funds Transfers $40,000 $40,000 $40,000 $40,000 Agency to Agency Contracts $40,000 $40,000 $40,000 $40,000 TOTAL PUBLIC FUNDS $15,453,558 $15,453,558 $15,453,558 $15,453,558 374.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($280,235) ($242,163) $0 $0 FRIDAY, APRIL 3, 2009 5173 374.2 Reduce funds from operations. State General Funds ($220,976) ($220,976) ($220,976) ($220,976) 374.3 Reduce funds from personnel. State General Funds ($1,027,435) ($1,027,435) ($1,027,435) ($1,027,435) 374.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($87,238) ($87,238) ($87,238) ($87,238) 374.5 Reduce merit system assessments from $147 to $137 per position. State General Funds ($32,390) ($32,390) ($32,390) 374.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $8,848 $8,848 374.7 Reduce funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($50,000) ($50,000) 374.99 CC: The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. Senate: The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. State General Funds $0 $0 374.100-Departmental Administration Appropriation (HB 119) The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. TOTAL STATE FUNDS $8,597,674 $8,603,356 $8,854,367 $8,854,367 State General Funds $8,597,674 $8,603,356 $8,854,367 $8,854,367 TOTAL FEDERAL FUNDS $3,800,000 $3,800,000 $3,750,000 $3,750,000 Federal Funds Not Itemized $3,750,000 $3,750,000 $3,750,000 $3,750,000 Temporary Assistance for Needy Families $50,000 $50,000 Temporary Assistance for Needy Families Grant CFDA93.558 $50,000 $50,000 TOTAL AGENCY FUNDS $1,400,000 $1,400,000 $1,400,000 $1,400,000 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 $1,300,000 $1,300,000 $1,300,000 $1,300,000 5174 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,300,000 $40,000 $40,000 $40,000 $13,837,674 $1,300,000 $40,000 $40,000 $40,000 $13,843,356 $1,300,000 $40,000 $40,000 $40,000 $14,044,367 $1,300,000 $40,000 $40,000 $40,000 $14,044,367 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 $16,719,604 $16,719,604 $16,719,604 $16,719,604 State General Funds $16,719,604 $16,719,604 $16,719,604 $16,719,604 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL AGENCY FUNDS $8,975,000 $8,975,000 $8,975,000 $8,975,000 Sales and Services $8,975,000 $8,975,000 $8,975,000 $8,975,000 Sales and Services Not Itemized $8,975,000 $8,975,000 $8,975,000 $8,975,000 TOTAL PUBLIC FUNDS $25,994,604 $25,994,604 $25,994,604 $25,994,604 375.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($207,582) ($179,381) $0 $0 375.2 Reduce funds. State General Funds ($1,756,577) ($1,756,577) ($1,756,577) ($1,756,577) 375.3 Eliminate funds for a post-graduate engineering program at Chattahoochee Technical College. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 375.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($145,842) ($145,842) ($145,842) ($145,842) 375.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. FRIDAY, APRIL 3, 2009 5175 State General Funds $16,253 $16,253 375.99 CC: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. Senate: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. State General Funds $0 $0 375.100-Quick Start and Customized Services Appropriation (HB 119) The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. TOTAL STATE FUNDS $14,409,603 $14,437,804 $14,633,438 $14,633,438 State General Funds $14,409,603 $14,437,804 $14,633,438 $14,633,438 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL AGENCY FUNDS $8,975,000 $8,975,000 $8,975,000 $8,975,000 Sales and Services $8,975,000 $8,975,000 $8,975,000 $8,975,000 Sales and Services Not Itemized $8,975,000 $8,975,000 $8,975,000 $8,975,000 TOTAL PUBLIC FUNDS $23,684,603 $23,712,804 $23,908,438 $23,908,438 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS $327,744,745 $327,744,745 $41,000,000 $37,300,758 $3,699,242 $3,699,242 $178,000,000 $327,744,745 $327,744,745 $41,000,000 $37,300,758 $3,699,242 $3,699,242 $178,000,000 $327,744,745 $327,744,745 $41,000,000 $37,300,758 $3,699,242 $3,699,242 $178,000,000 $327,744,745 $327,744,745 $41,000,000 $37,300,758 $3,699,242 $3,699,242 $178,000,000 5176 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 376.1 Annualize the cost of the FY09 salary adjustment. $178,000,000 $178,000,000 $546,744,745 $178,000,000 $178,000,000 $546,744,745 $178,000,000 $178,000,000 $546,744,745 $178,000,000 $178,000,000 $546,744,745 State General Funds $3,601,300 $3,601,300 $3,601,300 $3,601,300 376.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($10,563,401) ($9,128,292) $0 $0 376.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($952,305) ($952,305) ($952,305) ($952,305) 376.4 Reduce funds from formula funding for the technical colleges. (H:Provide for an additional reduction in personal services) State General Funds ($28,554,556) ($30,804,556) ($28,554,556) ($28,554,556) 376.5 Increase funds due to 5.2% increase in credit hours and a 15.8% increase in square footage. State General Funds $17,584,691 $17,584,691 $17,584,691 $17,584,691 376.6 Reduce funds from the Regents Program. State General Funds ($296,068) ($296,068) ($296,068) ($296,068) 376.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%. State General Funds $722,030 $722,030 $665,297 $665,297 376.8 Reduce funds and realize savings by merging administrative functions of thirteen technical colleges. State General Funds ($3,500,000) ($3,500,000) ($6,200,000) ($6,200,000) 376.9 Reduce funds from Career Academies. State General Funds ($2,000,000) ($2,000,000) ($1,250,000) ($1,250,000) 376.10 Reduce funds to reflect the revised revenue estimate. State General Funds ($3,052,530) ($3,052,530) ($3,052,530) ($3,052,530) FRIDAY, APRIL 3, 2009 5177 376.11 Recognize funds from the American Recovery and Reinvestment Act of 2009. (S:Transfer ARRA funds to the Quality Basic Education program) State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS ($15,406,239) $15,406,239 $0 ($15,406,239) $15,406,239 $0 $0 ($15,406,239) $0 $15,406,239 $0 $0 376.12 Reduce funds to reflect savings from HB700 (2009 Session). (CC:Reduce funds) State General Funds ($246,000) $0 ($246,000) 376.97 Increase funds to reflect projected revenue receipts. Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $1,662,111 $1,813,969 ($3,699,242) ($223,162) $1,662,111 $1,813,969 ($3,699,242) ($223,162) 376.99 CC: The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase their competitiveness in the workplace. Senate: The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase their competitiveness in the workplace. State General Funds $0 $0 376.100-Technical Education Appropriation (HB 119) The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase their competitiveness in the workplace. TOTAL STATE FUNDS $285,327,667 $284,266,776 $309,290,574 $293,638,335 State General Funds $285,327,667 $284,266,776 $309,290,574 $293,638,335 TOTAL FEDERAL FUNDS $56,406,239 $56,406,239 $40,776,838 $56,183,077 American Recovery and Reinvestment Act of 2009 $15,406,239 $15,406,239 $15,406,239 Child Care & Development Block Grant CFDA93.575 $1,662,111 $1,662,111 Federal Funds Not Itemized $37,300,758 $37,300,758 $39,114,727 $39,114,727 Temporary Assistance for Needy Families $3,699,242 $3,699,242 Temporary Assistance for Needy Families Grant CFDA93.558 $3,699,242 $3,699,242 5178 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $178,000,000 $178,000,000 $178,000,000 $519,733,906 $178,000,000 $178,000,000 $178,000,000 $518,673,015 $178,000,000 $178,000,000 $178,000,000 $528,067,412 $178,000,000 $178,000,000 $178,000,000 $527,821,412 Section 47: Transportation, Department of Section Total - Continuation TOTAL STATE FUNDS $856,216,563 State General Funds $29,659,047 State Motor Fuel Funds $826,557,516 TOTAL FEDERAL FUNDS $1,269,017,438 Federal Funds Not Itemized $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,242,517,438 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 $2,132,651,337 $856,216,563 $29,659,047 $826,557,516 $1,269,017,438 $26,500,000 $1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,132,651,337 $856,216,563 $29,659,047 $826,557,516 $1,269,017,438 $26,500,000 $1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,132,651,337 $856,216,563 $29,659,047 $826,557,516 $1,269,017,438 $26,500,000 $1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,132,651,337 Section Total - Final TOTAL STATE FUNDS $707,325,871 $711,995,752 $699,288,598 $703,739,441 State General Funds $19,007,214 $23,677,095 $10,449,941 $15,420,784 State Motor Fuel Funds $688,318,657 $688,318,657 $688,838,657 $688,318,657 TOTAL FEDERAL FUNDS $1,269,017,438 $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 $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205$1,242,517,438 $1,242,517,438 $1,242,517,438 $1,242,517,438 TOTAL AGENCY FUNDS $6,759,541 $6,759,541 $8,237,762 $8,237,762 Intergovernmental Transfers $760,233 $760,233 $760,233 $760,233 Sales and Services $5,999,308 $5,999,308 $7,477,529 $7,477,529 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 $657,795 State Funds Transfers $657,795 $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $1,983,760,645 $1,988,430,526 $1,977,201,593 $1,981,652,436 FRIDAY, APRIL 3, 2009 5179 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 377.1 Defer the FY09 cost of living adjustment. $2,310,310 $2,310,310 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105 $2,310,310 $2,310,310 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105 $2,310,310 $2,310,310 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105 $2,310,310 $2,310,310 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105 State General Funds ($17,501) ($17,501) ($17,501) ($17,501) 377.2 Defer structure adjustments to the statewide salary plan. State General Funds ($34,545) ($34,545) ($34,545) ($34,545) 377.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($25,476) ($22,015) $0 $0 377.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($10,043) ($10,043) ($10,043) ($10,043) 377.5 Reduce one-time funds received in HB990 (FY09G) for federally required inspections of two aircraft. State General Funds ($730,000) ($730,000) ($730,000) ($730,000) 377.6 Reduce funds from personnel. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 377.7 Replace funds by selling state planes. 5180 JOURNAL OF THE SENATE State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($1,478,221) $1,478,221 $0 ($1,478,221) $1,478,221 $0 377.99 CC: The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to conduct aerial photography flights for transportation projects. Senate: The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to conduct aerial photography flights for transportation projects. State General Funds $0 $0 377.100-Air Transportation Appropriation (HB 119) The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to conduct aerial photography flights for transportation projects. TOTAL STATE FUNDS $1,452,745 $1,456,206 State General Funds $1,452,745 $1,456,206 TOTAL AGENCY FUNDS $275,000 $275,000 $1,753,221 $1,753,221 Sales and Services $275,000 $275,000 $1,753,221 $1,753,221 Sales and Services Not Itemized $275,000 $275,000 $1,753,221 $1,753,221 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 $2,385,540 $2,389,001 $2,411,016 $2,411,016 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 Defer the FY09 cost of living adjustment. $16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457 $16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457 $16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457 $16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457 State General Funds ($3,866) ($3,866) ($3,866) ($3,866) FRIDAY, APRIL 3, 2009 5181 378.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($60,000) ($51,849) $0 $0 378.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($7,439) ($7,439) ($7,439) ($7,439) 378.4 Reduce funds from grants for the Georgia Airport Aid program for pavement maintenance projects. State General Funds ($6,529,157) ($7,029,157) ($7,029,157) ($7,029,157) 378.5 Reduce funds for improvements at the Macon Airport. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 378.6 Reduce funds from personnel. State General Funds ($200,000) ($200,000) ($200,000) ($200,000) 378.7 Reduce funds to reflect the revised revenue estimate. State General Funds ($192,283) ($192,283) ($192,283) ($192,283) 378.8 Increase funds for general airport aid. (S:Reduce remaining one-time funds provided in HB990 (FY09G) for general airport aid statewide) State General Funds $5,200,000 ($2,770,843) $0 378.9 Reduce funds for the Georgia Airport Aid Grant Program. State General Funds ($3,700,000) ($1,700,000) 378.99 CC: The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement projects. Senate: The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement projects. State General Funds $0 $0 5182 JOURNAL OF THE SENATE 378.100-Airport Aid Appropriation (HB 119) The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement projects. TOTAL STATE FUNDS $9,362,712 $14,070,863 $2,451,869 $7,222,712 State General Funds $9,362,712 $14,070,863 $2,451,869 $7,222,712 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 $15,862,712 $20,570,863 $8,951,869 $13,722,712 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 Defer the FY09 cost of living adjustment. $4,665,832 $901,055 $3,764,777 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,998,346 $4,665,832 $901,055 $3,764,777 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,998,346 $4,665,832 $901,055 $3,764,777 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,998,346 $4,665,832 $901,055 $3,764,777 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,998,346 State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS ($9,865) ($62,143) ($72,008) ($9,865) ($62,143) ($72,008) ($9,865) ($62,143) ($72,008) ($9,865) ($62,143) ($72,008) 379.2 Defer performance based salary adjustments. State Motor Fuel Funds ($24,857) ($24,857) ($24,857) ($24,857) 379.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits FRIDAY, APRIL 3, 2009 5183 (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds $0 $0 $0 $0 379.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($444,450) ($444,450) ($444,450) ($444,450) 379.5 Reduce funds and realize savings achieved with the relocation of the Crash Reporting Unit to the Traffic Management Center. State General Funds ($55,650) ($55,650) ($55,650) ($55,650) 379.6 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($75,178) ($75,178) ($75,178) ($75,178) 379.7 Reduce funds by eliminating seven vacant positions. State Motor Fuel Funds ($522,131) ($522,131) ($522,131) ($522,131) 379.8 Reduce funds from operations. State Motor Fuel Funds ($153,972) ($153,972) ($153,972) ($153,972) 379.9 Reduce funds designated for equipment purchases. State Motor Fuel Funds ($16,463) ($16,463) ($16,463) ($16,463) 379.10 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($105,259) ($105,259) ($105,259) ($105,259) 379.11 Reduce merit system assessments from $147 to $137 per position. State General Funds ($27,631) ($27,631) ($27,631) 379.99 CC: The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs. Senate: The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs. State General Funds $0 $0 379.100-Data Collection, Compliance and Reporting Appropriation (HB 119) The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs. TOTAL STATE FUNDS $3,195,864 $3,168,233 $3,168,233 $3,168,233 5184 JOURNAL OF THE SENATE State General Funds $391,090 State Motor Fuel Funds $2,804,774 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 $11,528,378 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 $363,459 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,500,747 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 $68,478,140 $638,837 $67,839,303 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $80,216,933 $68,478,140 $638,837 $67,839,303 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $80,216,933 $68,478,140 $638,837 $67,839,303 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $80,216,933 $68,478,140 $638,837 $67,839,303 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $80,216,933 380.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds ($605,950) ($605,950) ($605,950) ($605,950) 380.2 Defer performance based salary adjustments. State Motor Fuel Funds ($242,380) ($242,380) ($242,380) ($242,380) 380.3 Reduce one-time funds received in HB990 (FY09G) for the implementation of the freight logistics transport strategy. State General Funds ($388,837) ($388,837) ($388,837) ($388,837) 380.4 Reduce one-time funds received in HB990 (FY09G) to retrofit diesel school buses with pollution control devices. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) FRIDAY, APRIL 3, 2009 5185 380.5 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($243,004) ($243,004) ($243,004) ($243,004) 380.6 Reduce funds from operations. State Motor Fuel Funds ($385,001) ($385,001) ($385,001) ($385,001) 380.7 Reduce funds from contracts for information technology consultants. State Motor Fuel Funds ($2,200,000) ($2,200,000) ($2,200,000) ($2,200,000) 380.8 Reduce funds designated for vehicle purchases. State Motor Fuel Funds ($51,000) ($51,000) ($51,000) ($51,000) 380.9 Reduce funds from thirty-five vacant positions. State Motor Fuel Funds ($1,416,279) ($1,416,279) ($1,416,279) ($1,416,279) 380.10 Reduce funds from contracts for mowing and landscaping. State Motor Fuel Funds ($1,790,000) ($1,790,000) ($1,790,000) ($1,790,000) 380.11 Reduce funds designated for equipment purchases. State Motor Fuel Funds ($3,658,854) ($3,658,854) ($3,658,854) ($3,658,854) 380.12 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($3,730,514) ($3,730,514) ($3,730,514) ($3,730,514) 380.13 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations. State Motor Fuel Funds $12,000,000 $0 $0 380.100-Departmental Administration Appropriation (HB 119) 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 $53,516,321 $65,516,321 $53,516,321 $53,516,321 State Motor Fuel Funds $53,516,321 $65,516,321 $53,516,321 $53,516,321 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 5186 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $898,970 $65,255,114 $898,970 $77,255,114 $898,970 $65,255,114 $898,970 $65,255,114 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 $156,700,606 $0 $156,700,606 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $226,954,509 $156,700,606 $0 $156,700,606 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $226,954,509 $156,700,606 $0 $156,700,606 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $226,954,509 $156,700,606 $0 $156,700,606 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $226,954,509 381.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds ($331,283) ($331,283) ($331,283) ($331,283) 381.2 Defer performance based salary adjustments. State Motor Fuel Funds ($132,513) ($132,513) ($132,513) ($132,513) 381.3 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($701,941) ($701,941) ($701,941) ($701,941) 381.4 Reduce funds designated for equipment purchases. State Motor Fuel Funds ($52,683) ($52,683) ($52,683) ($52,683) 381.5 Reduce funds designated to purchase vehicles. State Motor Fuel Funds ($69,000) ($69,000) ($69,000) ($69,000) 381.6 Reduce funds from operations. State Motor Fuel Funds ($145,230) ($145,230) ($145,230) ($145,230) 381.7 Reduce funds for State Fund Construction - Most Needed from $21,361,261 to $2,840,344. (S and CC:Reduce funds from the base budget for the appropriation in line 381.101) FRIDAY, APRIL 3, 2009 5187 State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($18,520,917) ($18,520,917) ($21,361,261) ($18,450,000) ($39,811,261) ($21,361,261) ($18,450,000) ($39,811,261) 381.8 Reduce funds for State Fund Construction - Off System from $35,602,101 to $16,923,092. (Gov Rev:Reduce funds from State Fund Construction - Off System to $10,176,892 due to the revised revenue estimate)(S and CC:Reduce funds from the base budget for the appropriation in line 381.102) State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($25,425,209) ($25,425,209) ($35,602,101) ($18,450,000) ($54,052,101) ($35,602,101) ($18,450,000) ($54,052,101) 381.9 Reduce funds for State Fund Construction - Local Road Assistance Program from $60,000,000 to $55,072,018. (S and CC:Reduce funds from the base budget for the appropriation in line 381.103) State Motor Fuel Funds ($4,927,982) ($4,927,982) ($60,000,000) ($60,000,000) 381.10 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($1,827,629) ($1,827,629) ($1,827,629) ($1,827,629) 381.99 CC: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. Senate: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. State General Funds $0 $0 381.100-Local Road Assistance Appropriation (HB 119) The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. TOTAL STATE FUNDS $104,566,219 $104,566,219 $36,476,968 $36,476,968 State Motor Fuel Funds $104,566,219 $104,566,219 $36,476,968 $36,476,968 TOTAL FEDERAL FUNDS $69,658,670 $69,658,670 $32,758,670 $32,758,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 $69,658,670 $32,758,670 $32,758,670 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 $174,820,122 $174,820,122 $69,830,871 $69,830,871 5188 JOURNAL OF THE SENATE 381.101 Special Project - Local Road Assistance: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments for State Funded Construction - Most Needed projects. Notwithstanding the statement of specific purpose in this appropriation, the appropriation of Motor Fuel Funds in Program 381.100 "Local Road Assistance" above may be used for this specific purpose as well. State Motor Fuel Funds $19,424,211 $18,904,211 Federal Highway Admin.-Planning & Construction CFDA20.205 $18,450,000 $18,450,000 TOTAL PUBLIC FUNDS $37,874,211 $37,354,211 381.102 Special Project - Local Road Assistance: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments for State Funded Construction - Off System projects. Notwithstanding the statement of specific purpose in this appropriation, the appropriation of Motor Fuel Funds in Program 381.100 "Local Road Assistance" above may be used for this specific purpose as well. State Motor Fuel Funds $17,443,092 $17,443,092 Federal Highway Admin.-Planning & Construction CFDA20.205 $18,450,000 $18,450,000 TOTAL PUBLIC FUNDS $35,893,092 $35,893,092 381.103 Special Project - Local Road Assistance: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments for road and bridge resurfacing projects through the State Funded Construction - Local Road Assistance Program. Notwithstanding the statement of specific purpose in this appropriation, the appropriation of Motor Fuel Funds in Program 381.100 "Local Road Assistance" above may be used for this specific purpose as well. State Motor Fuel Funds $60,000,000 $60,000,000 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 Defer the FY09 cost of living adjustment. $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 $1,528,887 State General Funds ($2,211) ($2,211) ($2,211) ($2,211) 382.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds $0 $0 $0 $0 FRIDAY, APRIL 3, 2009 5189 382.3 Reduce funds from the maintenance of state-owned dredge spoils and mosquito control. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 382.4 Reduce funds received in HB1027 (FY07G) to pay litigation costs associated with a condemnation lawsuit with the South Carolina Ports Authority and Jasper County, South Carolina. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 382.5 Eliminate funds from two positions and operations and transfer remaining funds to the Georgia Ports Authority for dike and harbor maintenance and mosquito control. State General Funds ($200,000) $0 382.99 CC: The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas. Senate: The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas. State General Funds $0 $0 382.100-Ports and Waterways Appropriation (HB 119) The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas. TOTAL STATE FUNDS $926,676 $926,676 $726,676 $926,676 State General Funds $926,676 $926,676 $726,676 $926,676 TOTAL PUBLIC FUNDS $926,676 $926,676 $726,676 $926,676 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 $303,647 $303,647 $88,239 $88,239 $88,239 $303,647 $303,647 $88,239 $88,239 $88,239 $303,647 $303,647 $88,239 $88,239 $88,239 $303,647 $303,647 $88,239 $88,239 $88,239 5190 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 383.1 Defer the FY09 cost of living adjustment. $391,886 $391,886 $391,886 $391,886 State General Funds ($4,060) ($4,060) ($4,060) ($4,060) 383.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds $0 $0 $0 $0 383.3 Reduce funds from the Georgia Rail Passenger Authority Board. State General Funds ($2,406) ($24,060) ($24,060) ($24,060) 383.4 Reduce funds from personnel. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 383.99 CC: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state. Senate: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state. State General Funds $0 $0 383.100 -Rail Appropriation (HB 119) The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state. TOTAL STATE FUNDS $237,181 $215,527 $215,527 $215,527 State General Funds $237,181 $215,527 $215,527 $215,527 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 $325,420 $303,766 $303,766 $303,766 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 FRIDAY, APRIL 3, 2009 5191 accelerate the surplus property disposal process. TOTAL STATE FUNDS $284,919,481 State General Funds $0 State Motor Fuel Funds $284,919,481 TOTAL FEDERAL FUNDS $964,973,294 Federal Highway Admin.-Planning & Construction CFDA20.205 $964,973,294 TOTAL AGENCY FUNDS $165,000 Intergovernmental Transfers $165,000 Intergovernmental Transfers Not Itemized $165,000 TOTAL PUBLIC FUNDS $1,250,057,775 384.1 Defer the FY09 cost of living adjustment. $284,919,481 $0 $284,919,481 $964,973,294 $964,973,294 $165,000 $165,000 $165,000 $1,250,057,775 $284,919,481 $0 $284,919,481 $964,973,294 $964,973,294 $165,000 $165,000 $165,000 $1,250,057,775 $284,919,481 $0 $284,919,481 $964,973,294 $964,973,294 $165,000 $165,000 $165,000 $1,250,057,775 State Motor Fuel Funds ($1,046,665) ($1,046,665) ($1,046,665) ($1,046,665) 384.2 Defer performance based salary adjustments. State Motor Fuel Funds ($418,666) ($418,666) ($418,666) ($418,666) 384.3 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($10,067,900) ($10,067,900) ($10,067,900) ($10,067,900) 384.4 Reduce funds from operations. State Motor Fuel Funds ($404,805) ($404,805) ($404,805) ($404,805) 384.5 Reduce funds designated to purchase vehicles. State Motor Fuel Funds ($391,368) ($391,368) ($391,368) ($391,368) 384.6 Reduce funds by eliminating sixty-nine vacant positions. State Motor Fuel Funds ($7,159,964) ($7,159,964) ($7,159,964) ($7,159,964) 384.7 Reduce Funds for State Fund Construction - Most Needed from $14,240,840 to $1,893,562. State Motor Fuel Funds ($12,347,278) ($12,347,278) ($12,347,278) ($12,347,278) 384.8 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($3,584,989) ($3,584,989) ($3,584,989) ($3,584,989) 384.9 Transfer funds for the state match to federal funds to the Departmental Administration ($12,000,000), State Highway System Maintenance ($10,000,000), and State Highway System Operations ($10,000,000) programs and use for operations. (S and CC:Transfer funds to the Local Road Assistance Program to offset grant reductions and to the Payments to the State Road and Tollway Authority to fully fund the FY10 GARVEE debt service requirements) 5192 JOURNAL OF THE SENATE State Motor Fuel Funds ($32,000,000) ($32,000,000) ($32,000,000) 384.10 Reduce funds from the base budget for the appropriation in line 384.101. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($189,349,138) ($189,349,138) ($885,396,550) ($885,396,550) ($1,074,745,688) ($1,074,745,688) 384.99 CC: The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects. Senate: The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects. State General Funds $0 $0 384.100-State Highway System Construction and Improvement Appropriation (HB 119) The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects. TOTAL STATE FUNDS $249,497,846 $217,497,846 $28,148,746 $28,148,746 State Motor Fuel Funds $249,497,846 $217,497,846 $28,148,746 $28,148,746 TOTAL FEDERAL FUNDS $964,973,294 $964,973,294 $79,576,794 $79,576,794 Federal Highway Admin.-Planning & Construction CFDA20.205$964,973,294 $964,973,294 $79,576,794 $79,576,794 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 $1,214,636,140 $1,182,636,140 $107,890,540 $107,890,540 384.101 Special Project - State Highway System Construction and Improvement: The purpose of this appropriation is to provide funding for Capital Outlay for road construction and enhancement projects on local and state road systems. Notwithstanding the statement of specific purpose in this appropriation, the appropriation of Motor Fuel Funds in Program 384.100 "State Highway Construction and Improvement" above may be used for this specific purpose as well. State Motor Fuel Funds $189,349,138 $189,349,138 Federal Highway Admin.-Planning & Construction CFDA20.205 $885,396,550 $885,396,550 TOTAL PUBLIC FUNDS $1,074,745,688 $1,074,745,688 FRIDAY, APRIL 3, 2009 5193 State Highway System Maintenance Continuation Budget The purpose of this appropriation is to coordinate all statewide maintenance activities. 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 385.1 Defer the FY09 cost of living adjustment. $192,591,918 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 $192,591,918 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 $192,591,918 $0 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 $192,591,918 $0 $192,591,918 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $346,339,372 State Motor Fuel Funds ($1,372,765) ($1,372,765) ($1,372,765) ($1,372,765) 385.2 Defer performance based salary adjustments. State Motor Fuel Funds ($549,106) ($549,106) ($549,106) ($549,106) 385.3 Reduce funds by eliminating 110 vacant positions. State Motor Fuel Funds ($6,613,384) ($6,613,384) ($6,613,384) ($6,613,384) 385.4 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($1,655,698) ($1,655,698) ($1,655,698) ($1,655,698) 385.5 Reduce funds from operations. State Motor Fuel Funds ($644,804) ($644,804) ($644,804) ($644,804) 385.6 Reduce funds from the State Forces 107 Program. State Motor Fuel Funds ($5,900,000) ($5,900,000) ($5,900,000) ($5,900,000) 385.7 Reduce funds designated to purchase vehicles. State Motor Fuel Funds ($1,207,751) ($1,207,751) ($1,207,751) ($1,207,751) 385.8 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($10,707,510) ($10,707,510) ($10,707,510) ($10,707,510) 385.9 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations. State Motor Fuel Funds $10,000,000 $0 $0 5194 JOURNAL OF THE SENATE 385.10 Reduce funds from the base budget for the appropriation in line 385.101. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($26,154,596) ($26,154,596) ($128,218,385) ($128,218,385) ($154,372,981) ($154,372,981) 385.99 CC: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of- way through planting, litter control, vegetation removal, and grants to local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers. Senate: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of- way through planting, litter control, vegetation removal, and grants to local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers. State General Funds $0 $0 385.100-State Highway System Maintenance Appropriation (HB 119) The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers. TOTAL STATE FUNDS $163,940,900 $173,940,900 $137,786,300 $137,786,300 State Motor Fuel Funds $163,940,900 $173,940,900 $137,786,300 $137,786,300 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 $24,886,452 $24,886,452 Federal Highway Admin.-Planning & Construction CFDA20.205$153,104,852 $153,104,852 $24,886,452 $24,886,452 TOTAL AGENCY FUNDS $642,602 $642,602 $642,602 $642,602 Sales and Services $642,602 $642,602 $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $317,688,354 $327,688,354 $163,315,354 $163,315,354 385.101 Special Project - State Highway System Maintenance: The purpose of this appropriation is to provide funding for Capital Outlay for maintenance projects. Notwithstanding the statement of specific purpose in this appropriation, the appropriation of Motor Fuel Funds in FRIDAY, APRIL 3, 2009 5195 Program 385.100 "State Highway Maintenance" above may be used for this specific purpose as well. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $26,154,596 $128,218,385 $154,372,981 $26,154,596 $128,218,385 $154,372,981 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 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 386.1 Defer the FY09 cost of living adjustment. $26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $66,188,427 $26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $66,188,427 $26,491,645 $0 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $66,188,427 $26,491,645 $0 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $66,188,427 State Motor Fuel Funds ($342,532) ($342,532) ($342,532) ($342,532) 386.2 Defer performance based salary adjustments. State Motor Fuel Funds ($137,013) ($137,013) ($137,013) ($137,013) 386.3 Reduce funds by eliminating twenty-three vacant positions. State Motor Fuel Funds ($4,415,328) ($4,415,328) ($4,415,328) ($4,415,328) 386.4 Reduce funds designated to purchase vehicles. State Motor Fuel Funds ($50,000) ($50,000) ($50,000) ($50,000) 386.5 Reduce funds from the state match to federal funds. State Motor Fuel Funds ($399,709) ($399,709) ($399,709) ($399,709) 386.6 Reduce funds from operations. State Motor Fuel Funds ($558,303) ($558,303) ($558,303) ($558,303) 386.7 Reduce funds to reflect the revised revenue estimate. State Motor Fuel Funds ($947,899) ($947,899) ($947,899) ($947,899) 5196 JOURNAL OF THE SENATE 386.8 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations. State Motor Fuel Funds $10,000,000 $0 $0 386.99 CC: The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals. Senate: The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals. State General Funds $0 $0 386.100-State Highway System Operations Appropriation (HB 119) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals. TOTAL STATE FUNDS $19,640,861 $29,640,861 $19,640,861 $19,640,861 State Motor Fuel Funds $19,640,861 $29,640,861 $19,640,861 $19,640,861 TOTAL FEDERAL FUNDS $35,670,542 $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 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $59,337,643 $69,337,643 $59,337,643 $59,337,643 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 $7,520,854 $7,520,854 $20,000,000 $7,520,854 $7,520,854 $20,000,000 $7,520,854 $7,520,854 $20,000,000 $7,520,854 $7,520,854 $20,000,000 FRIDAY, APRIL 3, 2009 5197 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 387.1 Defer the FY09 cost of living adjustment. $20,000,000 $6,000 $6,000 $6,000 $27,526,854 $20,000,000 $6,000 $6,000 $6,000 $27,526,854 $20,000,000 $6,000 $6,000 $6,000 $27,526,854 $20,000,000 $6,000 $6,000 $6,000 $27,526,854 State General Funds ($8,403) ($8,403) ($8,403) ($8,403) 387.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($55,600) ($48,046) $0 $0 387.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($31,640) ($31,640) ($31,640) ($31,640) 387.4 Reduce funds from grants for local transit agencies for replacing transit buses, vans, and other capital maintenance items. State General Funds ($788,401) ($788,401) ($788,401) ($788,401) 387.99 CC: The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer federal transit grants. Senate: The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer federal transit grants. State General Funds $0 $0 387.100 -Transit Appropriation (HB 119) The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer federal transit grants. TOTAL STATE FUNDS $6,636,810 $6,644,364 $6,692,410 $6,692,410 State General Funds $6,636,810 $6,644,364 $6,692,410 $6,692,410 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 $20,000,000 5198 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,000 $6,000 $6,000 $26,642,810 $6,000 $6,000 $6,000 $26,650,364 $6,000 $6,000 $6,000 $26,698,410 $6,000 $6,000 $6,000 $26,698,410 Payments to the State Road and Tollway Authority Continuation Budget 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. TOTAL STATE FUNDS $94,249,786 $94,249,786 $94,249,786 $94,249,786 State General Funds $0 $0 $0 $0 State Motor Fuel Funds $94,249,786 $94,249,786 $94,249,786 $94,249,786 TOTAL PUBLIC FUNDS $94,249,786 $94,249,786 $94,249,786 $94,249,786 388.1 Increase funds for required debt service on issued Grant Anticipation Revenue Vehicles (GARVEE) bonds for the Fast Forward program. State Motor Fuel Funds $28,201,950 $28,201,950 $31,943,901 $31,943,901 388.2 Reduce funds for the State Transportation Infrastructure Bank due to the revised revenue estimate. State Motor Fuel Funds ($28,100,000) ($28,100,000) ($28,100,000) ($28,100,000) 388.99 CC: The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund. Senate: The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund. State General Funds $0 $0 388.100-Payments to the State Road and Tollway Authority Appropriation (HB 119) The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund. TOTAL STATE FUNDS $94,351,736 $94,351,736 $98,093,687 $98,093,687 State Motor Fuel Funds $94,351,736 $94,351,736 $98,093,687 $98,093,687 TOTAL PUBLIC FUNDS $94,351,736 $94,351,736 $98,093,687 $98,093,687 FRIDAY, APRIL 3, 2009 5199 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 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 48: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949 $25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949 $25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949 $25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949 TOTAL STATE FUNDS State General Funds Section Total - Final $22,198,570 $22,232,012 $22,198,570 $22,232,012 $22,822,878 $22,822,878 $22,822,878 $22,822,878 5200 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $18,176,491 $18,176,491 $40,375,061 $18,176,491 $18,176,491 $40,408,503 $18,463,401 $18,463,401 $41,286,279 $18,463,401 $18,463,401 $41,286,279 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 Defer the FY09 cost of living adjustment. $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 $850,660 State General Funds ($6,361) ($6,361) ($6,361) ($6,361) 389.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($25,195) ($21,772) $0 $0 389.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($6,128) ($6,128) ($6,128) ($6,128) 389.4 Transfer funds from the Veterans Benefits program to meet projected expenditures. State General Funds $500,000 $500,000 $500,000 $500,000 389.5 Reduce one-time funds received in HB990 (FY09G) for a backlog of veterans case files. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 389.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($45,000) ($45,000) ($45,000) ($45,000) 389.7 Reduce merit system assessments from $147 to $137 per position. State General Funds ($792) ($792) ($792) FRIDAY, APRIL 3, 2009 5201 389.100-Departmental Administration Appropriation (HB 119) 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 $1,247,976 $1,250,607 $1,272,379 $1,272,379 State General Funds $1,247,976 $1,250,607 $1,272,379 $1,272,379 TOTAL PUBLIC FUNDS $1,247,976 $1,250,607 $1,272,379 $1,272,379 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 Defer the FY09 cost of living adjustment. $570,702 $570,702 $35,700 $35,700 $606,402 $570,702 $570,702 $35,700 $35,700 $606,402 $570,702 $570,702 $35,700 $35,700 $606,402 $570,702 $570,702 $35,700 $35,700 $606,402 State General Funds ($4,294) ($4,294) ($4,294) ($4,294) 390.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($17,637) ($15,241) $0 $0 390.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($260) ($260) ($260) ($260) 390.4 Reduce funds to reflect the revised revenue estimate. State General Funds ($5,500) ($5,500) ($5,500) ($5,500) 390.100-Georgia Veterans Memorial Cemetery Appropriation (HB 119) The purpose of this appropriation is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in 5202 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 $543,011 $543,011 $35,700 $35,700 $578,711 $545,407 $545,407 $35,700 $35,700 $581,107 $560,648 $560,648 $35,700 $35,700 $596,348 $560,648 $560,648 $35,700 $35,700 $596,348 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 $6,129,026 $6,129,026 State General Funds $6,129,026 $6,129,026 TOTAL FEDERAL FUNDS $5,821,556 $5,821,556 Federal Funds Not Itemized $5,821,556 $5,821,556 TOTAL PUBLIC FUNDS $11,950,582 $11,950,582 391.1 Reduce funds and payments to the Medical College of Georgia for operations. $6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582 $6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582 State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($373,110) ($373,110) $0 $0 ($286,910) ($286,910) $0 $0 ($660,020) ($660,020) $0 $0 391.99 CC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical College of Georgia. Senate: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical College of Georgia. State General Funds $0 $0 391.100-Georgia War Veterans Nursing Home - Augusta Appropriation (HB 119) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical College of Georgia. TOTAL STATE FUNDS $5,755,916 $5,755,916 $6,129,026 $6,129,026 State General Funds $5,755,916 $5,755,916 $6,129,026 $6,129,026 TOTAL FEDERAL FUNDS $5,534,646 $5,534,646 $5,821,556 $5,821,556 Federal Funds Not Itemized $5,534,646 $5,534,646 $5,821,556 $5,821,556 TOTAL PUBLIC FUNDS $11,290,562 $11,290,562 $11,950,582 $11,950,582 FRIDAY, APRIL 3, 2009 5203 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 $11,502,288 $11,502,288 State General Funds $11,502,288 $11,502,288 TOTAL FEDERAL FUNDS $9,659,584 $9,659,584 Federal Funds Not Itemized $9,659,584 $9,659,584 TOTAL PUBLIC FUNDS $21,161,872 $21,161,872 392.1 Reduce funds from the Georgia War Veterans Home Domiciliary and close the facility. $11,502,288 $11,502,288 $9,659,584 $9,659,584 $21,161,872 $11,502,288 $11,502,288 $9,659,584 $9,659,584 $21,161,872 State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($2,239,896) ($1,676,879) ($3,916,775) ($2,239,896) ($1,676,879) ($3,916,775) ($2,239,896) ($1,676,879) ($3,916,775) ($2,239,896) ($1,676,879) ($3,916,775) 392.99 CC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Senate: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. House: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Gov Rev: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. State General Funds $0 $0 $0 $0 392.100-Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 119) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $9,262,392 $9,262,392 $9,262,392 State General Funds $9,262,392 $9,262,392 $9,262,392 TOTAL FEDERAL FUNDS $7,982,705 $7,982,705 $7,982,705 Federal Funds Not Itemized $7,982,705 $7,982,705 $7,982,705 TOTAL PUBLIC FUNDS $17,245,097 $17,245,097 $17,245,097 $9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097 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 $6,648,993 $6,648,993 $4,623,440 $4,623,440 $6,648,993 $6,648,993 $4,623,440 $4,623,440 $6,648,993 $6,648,993 $4,623,440 $4,623,440 $6,648,993 $6,648,993 $4,623,440 $4,623,440 5204 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $11,272,433 $11,272,433 $11,272,433 $11,272,433 393.1 Defer the FY09 cost of living adjustment. State General Funds ($68,862) ($68,862) ($68,862) ($68,862) 393.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($209,158) ($180,743) $0 $0 393.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. State General Funds ($7,477) ($7,477) ($7,477) ($7,477) 393.4 Eliminate funds received in HB990 (FY09G) for a web-based system that would enable veterans to submit forms and claims information online. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 393.5 Transfer funds to the Departmental Administration program to meet projected expenditures. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 393.6 Reduce funds to reflect the revised revenue estimate. State General Funds ($174,221) ($174,221) ($174,221) ($174,221) 393.100-Veterans Benefits Appropriation (HB 119) The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled. TOTAL STATE FUNDS $5,389,275 $5,417,690 $5,598,433 $5,598,433 State General Funds $5,389,275 $5,417,690 $5,598,433 $5,598,433 TOTAL FEDERAL FUNDS $4,623,440 $4,623,440 $4,623,440 $4,623,440 Federal Funds Not Itemized $4,623,440 $4,623,440 $4,623,440 $4,623,440 TOTAL PUBLIC FUNDS $10,012,715 $10,041,130 $10,221,873 $10,221,873 FRIDAY, APRIL 3, 2009 5205 Section 49: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $18,831,434 $18,896,364 $18,831,434 $18,896,364 $200,000 $200,000 $200,000 $200,000 $19,031,434 $19,096,364 $19,319,813 $19,319,813 $200,000 $200,000 $19,519,813 $19,319,813 $19,319,813 $200,000 $200,000 $19,519,813 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 394.1 Defer the FY09 cost of living adjustment. $11,216,053 $11,216,053 $175,000 $175,000 $175,000 $11,391,053 $11,216,053 $11,216,053 $175,000 $175,000 $175,000 $11,391,053 $11,216,053 $11,216,053 $175,000 $175,000 $175,000 $11,391,053 $11,216,053 $11,216,053 $175,000 $175,000 $175,000 $11,391,053 State General Funds ($125,557) ($125,557) ($125,557) ($125,557) 394.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) 5206 JOURNAL OF THE SENATE State General Funds ($411,890) ($67,517) $0 $0 394.100-Administer the Workers' Compensation Laws Appropriation (HB 119) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,678,606 $11,022,979 $11,090,496 $11,090,496 State General Funds $10,678,606 $11,022,979 $11,090,496 $11,090,496 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 $175,000 Sales and Services $175,000 $175,000 $175,000 $175,000 Sales and Services Not Itemized $175,000 $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $10,853,606 $11,197,979 $11,265,496 $11,265,496 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 395.1 Defer the FY09 cost of living adjustment. $6,504,141 $6,504,141 $25,000 $25,000 $25,000 $6,529,141 $6,504,141 $6,504,141 $25,000 $25,000 $25,000 $6,529,141 $6,504,141 $6,504,141 $25,000 $25,000 $25,000 $6,529,141 $6,504,141 $6,504,141 $25,000 $25,000 $25,000 $6,529,141 State General Funds ($24,894) ($24,894) ($24,894) ($24,894) 395.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan) State General Funds ($78,132) ($355,932) $0 $0 395.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. FRIDAY, APRIL 3, 2009 5207 State General Funds $32,528 $32,528 395.4 Increase funds and payments to the State Treasury from $1,961,807 to $3,680,992. State General Funds $1,719,185 $1,719,185 395.5 Reduce merit system assessments from $147 to $137 per position. State General Funds ($1,643) $32,528 $1,719,185 ($1,643) $32,528 $1,719,185 ($1,643) 395.100-Board Administration Appropriation (HB 119) 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 $8,152,828 $7,873,385 $8,229,317 $8,229,317 State General Funds $8,152,828 $7,873,385 $8,229,317 $8,229,317 TOTAL AGENCY FUNDS $25,000 $25,000 $25,000 $25,000 Sales and Services $25,000 $25,000 $25,000 $25,000 Sales and Services Not Itemized $25,000 $25,000 $25,000 $25,000 TOTAL PUBLIC FUNDS $8,177,828 $7,898,385 $8,254,317 $8,254,317 Section 50: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $1,009,675,013 $794,073,670 $215,601,343 $1,009,675,013 $1,009,675,013 $794,073,670 $215,601,343 $1,009,675,013 $1,009,675,013 $794,073,670 $215,601,343 $1,009,675,013 $1,009,675,013 $794,073,670 $215,601,343 $1,009,675,013 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Final $1,131,575,314 $1,131,188,771 $906,893,971 $906,507,428 $224,681,343 $224,681,343 $1,131,575,314 $1,131,188,771 $1,125,168,809 $901,007,466 $224,161,343 $1,125,168,809 $1,130,957,708 $906,276,365 $224,681,343 $1,130,957,708 General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds Continuation Budget $903,133,634 $903,133,634 $708,070,991 $708,070,991 $903,133,634 $708,070,991 $903,133,634 $708,070,991 5208 JOURNAL OF THE SENATE State Motor Fuel Funds TOTAL PUBLIC FUNDS $195,062,643 $195,062,643 $195,062,643 $195,062,643 $903,133,634 $903,133,634 $903,133,634 $903,133,634 396.1 Increase funds to meet additional debt service requirements on issued bonds. State General Funds $790,780 $790,780 $790,780 $790,780 396.2 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 $86,002,679 $20,538,700 $106,541,379 $86,002,679 $20,538,700 $106,541,379 $86,002,679 $20,538,700 $106,541,379 $86,002,679 $20,538,700 $106,541,379 396.3 Utilize existing funds from prior year unspent balance of $31,393,806 to meet FY10 debt service requirements. (G:YES)(S:YES) State General Funds $0 $0 $0 $0 396.4 Utilize existing funds from prior year unspent balance of $9,216,563 to meet FY10 debt service requirements. (G:YES)(S:YES) State Motor Fuel Funds $0 $0 $0 $0 396.5 Reduce funds for debt service to reflect actual needs. State General Funds ($7,258,501) ($7,258,501) ($7,258,501) ($7,258,501) 396.6 Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds from HB85 (FY06G) for the Georgia Ports Authority for Container Berths 4, 5, and 6 overlay upgrade. State General Funds ($22,351) ($22,351) ($22,351) 396.100-General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) $1,003,207,292 $1,003,184,941 $1,003,184,941 $787,605,949 $787,583,598 $787,583,598 $215,601,343 $215,601,343 $215,601,343 $1,003,207,292 $1,003,184,941 $1,003,184,941 $1,003,184,941 $787,583,598 $215,601,343 $1,003,184,941 General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Continuation Budget $106,541,379 $86,002,679 $20,538,700 $106,541,379 $106,541,379 $86,002,679 $20,538,700 $106,541,379 $106,541,379 $86,002,679 $20,538,700 $106,541,379 $106,541,379 $86,002,679 $20,538,700 $106,541,379 FRIDAY, APRIL 3, 2009 5209 397.1 Transfer funds from GO Bonds New to Go Bonds Issued to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Total Debt Service 10 year at 5.27% ($86,002,679) ($86,002,679) ($86,002,679) ($86,002,679) ($20,538,700) ($20,538,700) ($20,538,700) ($20,538,700) ($106,541,379) ($106,541,379) ($106,541,379) ($106,541,379) State General Funds 20 year at 5.75% $1,521,920 $1,521,920 $1,521,920 State General Funds State Motor Fuel Funds 20 year at 6% $83,967,608 $8,560,000 State General Funds 20 year at 6.5% $58,860 State General Funds State Motor Fuel Funds 20 year at 7% $89,184,214 $9,080,000 $86,442,962 $9,080,000 $87,955,236 $9,080,000 State General Funds 20 year at 7.5% $1,283,840 $1,283,840 State General Funds 5 year at 5% $1,335,520 State General Funds $28,061,880 5210 JOURNAL OF THE SENATE 5 year at 5.25% State General Funds Total Debt Service State General Funds State Motor Fuel Funds Total Principal Amount 10 year at 5.27% State General Funds 20 year at 5.75% State General Funds State Motor Fuel Funds 20 year at 6% State General Funds 20 year at 6.5% State General Funds State Motor Fuel Funds 20 year at 7% State General Funds 20 year at 7.5% State General Funds 5 year at 5% $28,581,888 $29,675,108 $27,931,771 $119,288,022 $118,923,830 $113,423,868 $118,692,767 $9,080,000 $9,080,000 $8,560,000 $9,080,000 $11,600,000 $11,600,000 $11,600,000 $980,930,000 $100,000,000 $675,000 $982,205,000 $952,015,000 $100,000,000 $100,000,000 $968,670,000 $100,000,000 $13,600,000 $13,600,000 $13,600,000 FRIDAY, APRIL 3, 2009 5211 State General Funds 5 year at 5.25% $121,480,000 State General Funds Total Principal State General Funds State Motor Fuel Funds $122,880,000 $127,580,000 $120,085,000 $1,116,685,000 $1,104,795,000 $1,116,685,000 $1,113,955,000 $100,000,000 $100,000,000 $100,000,000 $100,000,000 397.100-General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 119) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Corrections, Department of 397.101 BOND: GDC multi-projects: $10,000,000 in principal for 5 years at 5.25%: Repair facilities statewide. From State General Funds, $2,326,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,326,000 $2,326,000 $2,310,000 $2,326,000 Corrections, Department of 397.102 BOND: GDC multi-projects: $5,000,000 in principal for 20 years at 6.5%: Construct and renovate facilities statewide. From State General Funds, $454,000 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 240 months. State General Funds $454,000 $454,000 $428,000 $454,000 5212 JOURNAL OF THE SENATE Corrections, Department of 397.103 BOND: GDC multi-projects: $5,000,000 in principal for 20 years at 6.5%: Fund security and life safety upgrades statewide. From State General Funds, $454,000 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 240 months. State General Funds $454,000 $454,000 $428,000 $454,000 Corrections, Department of 397.104 BOND: Headquarters and Training Academy: $13,150,000 in principal for 20 years at 6.5%: Complete the relocation to Forsyth. (CC:Reduce funds for equipment) From State General Funds, $1,194,020 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 $13,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,421,020 $1,421,020 $1,339,640 $1,194,020 Corrections, Department of 397.105 BOND: Baldwin State Prison: $1,380,000 in principal for 20 years at 6.5%: Design and construct the conversion of Baldwin State Prison to a Mental Health Prison. From State General Funds, $125,304 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $125,304 $125,304 $118,128 $125,304 Investigation, Georgia Bureau of 397.111 BOND: GBI Headquarters and Morgue: $300,000 in principal for 5 years at 5.25%: Upgrade the facility's electrical and fire systems. From State General Funds, $69,780 is specifically appropriated for the purpose of financing projects and facilities FRIDAY, APRIL 3, 2009 5213 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $69,780 $69,780 $69,300 $69,780 Investigation, Georgia Bureau of 397.112 BOND: GBI Multi-Projects: $1,000,000 in principal for 5 years at 5.25%: Purchase crime lab equipment. From State General Funds, $232,600 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 $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 $232,600 $231,000 $232,600 Juvenile Justice, Department of 397.121 BOND: DJJ Multi-Projects: $4,275,000 in principal for 5 years at 5.25%: Fund facility maintenance and repairs statewide. From State General Funds, $994,365 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 $4,275,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $994,365 $994,365 $987,525 $994,365 Juvenile Justice, Department of 397.122 BOND: DJJ Multi-Projects: $6,835,000 in principal for 20 years at 6.5%: Fund facility construction and renovations statewide. From State General Funds, $620,618 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 $6,835,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in 5214 JOURNAL OF THE SENATE excess of 240 months. State General Funds $620,618 $620,618 $585,076 $620,618 Juvenile Justice, Department of 397.123 BOND: DJJ Multi-Projects: $4,915,000 in principal for 20 years at 6.5%: Construct a new Rockdale Regional Youth Detention Center (RYDC) and complete the Clayton RYDC 20 bed addition. From State General Funds, $446,282 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 $4,915,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $446,282 $446,282 $420,724 $446,282 Environmental Facilities Authority, Georgia 397.201 BOND: Local Government Infrastructure: $37,000,000 in principal for 20 years at 6.5%: Capitalize the state funded water and sewer construction loan program. From State General Funds, $3,359,600 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 $37,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,359,600 $3,359,600 $3,167,200 $3,359,600 Environmental Facilities Authority, Georgia 397.202 BOND: Local Government Infrastructure: $3,500,000 in principal for 20 years at 6.5%: Fund the state match for the federal Clean Water State Revolving Fund water and sewer construction loan program. From State General Funds, $317,800 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $317,800 $317,800 $299,600 $317,800 Environmental Facilities Authority, Georgia 397.203 BOND: Local Government Infrastructure: $4,500,000 in principal for 20 years at 6.5%: Fund the state match for the Drinking Water State Revolving Fund water and sewer construction loan program. FRIDAY, APRIL 3, 2009 5215 From State General Funds, $408,600 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 $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 $408,600 $408,600 $385,200 $408,600 Ports Authority, Georgia 397.211 BOND: Ports Authority: $36,045,000 in principal for 20 years at 6.5%: Fund the state match to federal funds for the Savannah Harbor Expansion Project. From State General Funds, $3,272,886 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 $36,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,272,886 $3,272,886 $3,085,452 $3,272,886 Transportation, Department of 397.221 BOND: Georgia Regional Transportation Authority: $11,600,000 in principal for 10 years at 5.27%: Fund the state match to federal funds to purchase buses for the Xpress service. From State General Funds, $1,521,920 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 $11,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $1,521,920 $1,521,920 $0 $1,521,920 Transportation, Department of 397.222 BOND: Georgia Regional Transportation Authority: $3,700,000 in principal for 20 years at 6.5%: Fund the state match to federal funds to construct two Xpress Park-and-Ride Lots. From State General Funds, $335,960 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 5216 JOURNAL OF THE SENATE $3,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $335,960 $335,960 $0 $335,960 Community Affairs, Department of 397.223 BOND: Xpress: $0 in principal for 20 years at 6.5%: Fund a matching grant program for Community Improvement Districts (CID) for projects on state routes that meet mobility enhancement criteria in major employment centers. State General Funds $1,816,000 $1,816,000 $0 $0 Transportation, Department of 397.231 BOND: Rail Lines: $3,500,000 in principal for 20 years at 6.5%: Rehabilitate the rail line between Nunez and Vidalia and provide for an extension of McNatt Boulevard for a rail crossing. From State General Funds, $317,800 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $317,800 $317,800 $299,600 $317,800 Transportation, Department of 397.232 BOND: Fast Forward: $100,000,000 in principal for 20 years at 6.5%: Fund road projects statewide. From State Motor Fuel Funds, $9,080,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State Motor Fuel Funds $9,080,000 $9,080,000 $8,560,000 $9,080,000 Transportation, Department of 397.233 BOND: Rail Lines: $4,200,000 in principal for 20 years at 6.5%: Rehabilitate the rail line from Lyerly to Coosa ($2,000,000), fund the St. Augustine Road Rail Switching Yard Expansion ($1,000,000), and rehabilitate two bridges on the Heart of Georgia rail line in Montgomery County and Wilcox County ($1,200,000). FRIDAY, APRIL 3, 2009 5217 From State General Funds, $381,360 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $359,520 $381,360 Economic Development, Department of 397.241 BOND: Georgia World Congress Center: $3,200,000 in principal for 20 years at 6.5%: Renovate the Georgia World Congress Center and replace the roof of the Thomas Murphy Ballroom and Sidney Marcus Auditorium. From State General Funds, $290,560 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $290,560 $273,920 $290,560 Economic Development, Department of 397.251 BOND: Georgia International and Maritime Trade Center Authority: $4,000,000 in principal for 20 years at 6.5%: Construct passenger intermodal and docking facilities on the River Walk. From State General Funds, $363,200 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 $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 $342,400 $363,200 Herty Foundation 397.261 BOND: Herty Advanced Materials Development Center: $250,000 in principal for 20 years at 6.5%: Design and construct a covered biofuels testing facility. From State General Funds, $22,700 is specifically appropriated for the purpose of financing projects and facilities for the Herty Foundation by means of the acquisition, construction, development, extension, enlargement, or 5218 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, 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 $21,400 $22,700 Education, Department of 397.301 BOND: K - 12 Schools: $100,720,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular for local school construction. (CC:Fund at the $160 million entitlement level) From State General Funds, $9,145,376 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 $100,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $9,552,614 $9,552,614 $9,005,548 $9,145,376 Education, Department of 397.302 BOND: K - 12 Schools: $105,200,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (CC:Fund at the $160 million entitlement level) From State General Funds, $9,552,160 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $105,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $10,106,948 $10,106,948 $9,528,136 $9,552,160 Education, Department of 397.303 BOND: K - 12 Schools: $78,690,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $7,145,052 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 $78,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $7,145,052 $7,145,052 $6,735,864 $7,145,052 Education, Department of 397.304 BOND: K - 12 Schools: $2,020,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Low Wealth for local school construction. FRIDAY, APRIL 3, 2009 5219 From State General Funds, $183,416 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 $2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,089,600 $183,416 $172,912 $183,416 Education, Department of 397.305 BOND: K - 12 Equipment: $7,000,000 in principal for 5 years at 5.25%: Purchase vocational equipment. From State General Funds, $1,628,200 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,628,200 $1,628,200 $1,617,000 $1,628,200 Education, Department of 397.306 BOND: K - 12 Schools: $3,990,000 in principal for 5 years at 5.25%: Fund facility repairs and improvements at state schools. From State General Funds, $928,074 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $3,990,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $928,074 $928,074 $921,690 $928,074 Education, Department of 397.307 BOND: K - 12 Schools: $0 in principal for 20 years at 6.5%: Provide additional funds to schools that meet low wealth eligibility requirements per OCGA 20-2-262 (d)(1)(5) to assist with major capital projects. State General Funds $854,288 $0 Building Authority, Georgia 397.401 BOND: GBA Parking Facilities: $0 in principal for 20 years at 6.5%: Design and construct the South Parking Deck as part of the Capitol Hill Master Plan. State General Funds $4,523,202 $3,632,000 $0 $0 5220 JOURNAL OF THE SENATE Building Authority, Georgia 397.402 BOND: GBA Parking Facilities: $0 in principal for 5 years at 5.25%: Purchase equipment for parking improvements for revenue collection and access control. State General Funds $325,640 $0 $0 $0 Building Authority, Georgia 397.403 BOND: Georgia History Museum: $0 in principal for 5 years at 5.25%: Design space and exhibits. State General Funds $232,600 $0 $0 $0 Building Authority, Georgia 397.404 BOND: GBA multi-projects: $2,730,000 in principal for 5 years at 5.25%: Renovate the Judicial Building. (CC:Provide funds to design a new facility) From State General Funds, $634,998 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 $2,730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $247,884 $233,688 $634,998 Building Authority, Georgia 397.405 BOND: GBA multi-projects: $6,395,000 in principal for 20 years at 6.5%: Renovate to correct facility deficiencies at 2 Peachtree and 90 Central. (S and CC:Correct additional facility deficiencies) From State General Funds, $580,666 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 $6,395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $363,200 $547,412 $580,666 Financing and Investment Commission, Georgia State 397.411 BOND: Americans with Disability Act: $1,500,000 in principal for 5 years at 5.25%: Fund ADA related facilities improvements statewide. FRIDAY, APRIL 3, 2009 5221 From State General Funds, $348,900 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 $348,900 $348,900 $346,500 $348,900 Revenue, Department of 397.421 BOND: Tax System: $5,000,000 in principal for 5 years at 5.25%: Continue implementation of the Integrated Tax System. From State General Funds, $1,163,000 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 $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 $2,326,000 $2,326,000 $2,310,000 $1,163,000 Revenue, Department of 397.422 BOND: Tax System: $750,000 in principal for 5 years at 5.25%: Complete implementation of the Enterprise Data Warehouse. From State General Funds, $174,450 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 $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 $174,450 $174,450 $173,250 $174,450 Human Services, Department of 397.501 BOND: Central State Hospital: $2,425,000 in principal for 20 years at 6.5%: Replace natural gas line and roof. From State General Funds, $220,190 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human 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 5222 JOURNAL OF THE SENATE $2,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $220,190 $220,190 $207,580 $220,190 Human Services, Department of 397.502 BOND: East Central Regional Hospital: $1,510,000 in principal for 20 years at 6.5%: Replace fire alarm monitoring system and cooling tower and perform asbestos abatement. From State General Funds, $137,108 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human 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 $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 $137,108 $137,108 $129,256 $137,108 Human Services, Department of 397.503 BOND: Atlanta Regional Hospital: $815,000 in principal for 20 years at 6.5%: Replace perimeter fence. From State General Funds, $74,002 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human 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 $815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $74,002 $74,002 $69,764 $74,002 Human Services, Department of 397.504 BOND: Southwestern State Hospital - Thomasville: $3,570,000 in principal for 20 years at 6.5%: Replace electrical distribution system and air handler systems. From State General Funds, $324,156 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human 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 $3,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. FRIDAY, APRIL 3, 2009 5223 State General Funds $324,156 $324,156 $305,592 $324,156 Human Services, Department of 397.505 BOND: Northwest Georgia Regional Hospital: $400,000 in principal for 5 years at 5.25%: Repair mechanical systems. From State General Funds, $93,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human 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 $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 $93,040 $93,040 $92,400 $93,040 Human Services, Department of 397.506 BOND: Outdoor Therapeutic Program: $360,000 in principal for 20 years at 6.5%: Design, construct, and equip school expansion and renovation. From State General Funds, $32,688 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $32,688 $32,688 $30,816 $32,688 Veterans Service, Department of 397.511 BOND: Georgia Veterans Memorial Cemetery: $360,000 in principal for 20 years at 6.5%: Provide the state match to federal funds to plan and program, design, construct, and equip Phase 2 of the cemetery expansion. From State General Funds, $32,688 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $32,688 $32,688 $30,816 $32,688 5224 JOURNAL OF THE SENATE Veterans Service, Department of 397.512 BOND: Georgia War Veterans Nursing Home, Milledgeville: $505,000 in principal for 20 years at 6.5%: Provide the state match to federal funds to design, construct, and equip electrical improvements and interior renovations at the Wood Building. From State General Funds, $45,854 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 $505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $45,854 $45,854 $43,228 $45,854 Veterans Service, Department of 397.513 BOND: Georgia War Veterans Nursing Home, Milledgeville: $315,000 in principal for 20 years at 6.5%: Provide the state match to federal funds to design, construct, and equip electrical improvements and interior renovations at the Vinson Building. From State General Funds, $28,602 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 $315,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $28,602 $28,602 $26,964 $28,602 University System of Georgia, Board of Regents 397.601 BOND: Gordon College: $1,260,000 in principal for 5 years at 5.25%: Purchase equipment for the Nursing/Health building. From State General Funds, $293,076 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 $1,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $293,076 $293,076 $291,060 $293,076 University System of Georgia, Board of Regents 397.602 BOND: Georgia Perimeter College: $1,000,000 in principal for 5 years at 5.25%: Purchase equipment for the Alpharetta Academic Facility. From State General Funds, $232,600 is specifically appropriated for the purpose of financing projects and FRIDAY, APRIL 3, 2009 5225 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 60 months. State General Funds $232,600 $232,600 $231,000 $232,600 University System of Georgia, Board of Regents 397.603 BOND: Southern Polytechnic State University: $3,690,000 in principal for 5 years at 5.25%: Purchase equipment for the Engineering Technology Center. From State General Funds, $858,294 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 $3,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $858,294 $858,294 $852,390 $858,294 University System of Georgia, Board of Regents 397.604 BOND: University of Georgia: $5,975,000 in principal for 20 years at 6.5%: Design, construct, and equip a new Central Utility Plant in the Northwest Precinct. From State General Funds, $542,530 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 $5,975,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $542,530 $542,530 $511,460 $542,530 University System of Georgia, Board of Regents 397.605 BOND: Darton College: $1,600,000 in principal for 20 years at 6.5%: Acquire and renovate strategic property. From State General Funds, $145,280 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, 5226 JOURNAL OF THE SENATE 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 240 months. State General Funds $145,280 $0 $136,960 $145,280 University System of Georgia, Board of Regents 397.606 BOND: College of Coastal Georgia: $13,300,000 in principal for 20 years at 6.5%: Construct the Health Sciences Building. From State General Funds, $1,207,640 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 $13,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,207,640 $1,207,640 $1,138,480 $1,207,640 University System of Georgia, Board of Regents 397.607 BOND: Fort Valley State University: $13,400,000 in principal for 20 years at 6.5%: Design and construct renovations for Huntington Hall, Ohio Hall, and the Isaac Miller Science Building. From State General Funds, $1,216,720 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 $13,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,216,720 $0 $1,147,040 $1,216,720 University System of Georgia, Board of Regents 397.608 BOND: Georgia College and State University: $0 in principal for 20 years at 6.5%: Design and construct renovations for Historic Ennis Hall. State General Funds $892,110 $892,110 $0 $0 University System of Georgia, Board of Regents 397.609 BOND: Georgia Gwinnett College: $2,000,000 in principal for 20 years at 6.5%: Design and construct infrastructure and utility improvements. From State General Funds, $181,600 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, FRIDAY, APRIL 3, 2009 5227 development, extension, enlargement, or improvement of land, waters, 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 $181,600 $181,600 $171,200 $181,600 University System of Georgia, Board of Regents 397.610 BOND: Georgia Institute of Technology: $43,000,000 in principal for 20 years at 6.5%: Construct the Undergraduate Learning Commons. From State General Funds, $3,904,400 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 $43,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,904,400 $3,904,400 $3,680,800 $3,904,400 University System of Georgia, Board of Regents 397.611 BOND: Gainesville State College: $31,200,000 in principal for 20 years at 6.5%: Construct an academic facility. From State General Funds, $2,832,960 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 $31,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,832,960 $2,270,000 $2,670,720 $2,832,960 University System of Georgia, Board of Regents 397.612 BOND: Kennesaw State University: $19,000,000 in principal for 20 years at 6.5%: Design and construct the laboratory addition to the science building. From State General Funds, $1,725,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have 5228 JOURNAL OF THE SENATE maturities not in excess of 240 months. State General Funds $1,622,142 $1,725,200 $1,626,400 $1,725,200 University System of Georgia, Board of Regents 397.613 BOND: Middle Georgia College: $500,000 in principal for 5 years at 5.25%: Design, construct, and equip the Georgia Hall renovation. From State General Funds, $116,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 $116,300 $116,300 $115,500 $116,300 University System of Georgia, Board of Regents 397.614 BOND: Macon State College: $20,100,000 in principal for 20 years at 6.5%: Construct the teacher education building. From State General Funds, $1,825,080 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 $20,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,825,080 $1,825,080 $1,720,560 $1,825,080 University System of Georgia, Board of Regents 397.615 BOND: North Georgia College and State University: $16,445,000 in principal for 20 years at 6.5%: Design, construct, and equip renovations and additions for an historic facility related to four buildings and for campus wide technology improvements. From State General Funds, $1,493,206 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 $16,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $948,406 $948,406 $1,407,692 $1,493,206 FRIDAY, APRIL 3, 2009 5229 University System of Georgia, Board of Regents 397.616 BOND: Savannah State University: $0 in principal for 20 years at 6.5%: Design, construct, and equip the Marine Biology and Environmental Sciences building addition. State General Funds $236,080 $236,080 $0 $0 University System of Georgia, Board of Regents 397.617 BOND: University of Georgia: $26,600,000 in principal for 20 years at 6.5%: Construct the Special Collections Library. From State General Funds, $2,415,280 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 $26,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,415,280 $2,415,280 $2,276,960 $2,415,280 University System of Georgia, Board of Regents 397.618 BOND: Armstrong Atlantic State University: $1,100,000 in principal for 5 years at 5.25%: Design the Lane Library addition. From State General Funds, $255,860 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $255,860 $255,860 $254,100 $255,860 University System of Georgia, Board of Regents 397.619 BOND: Albany State University: $0 in principal for 5 years at 5.25%: Design the Ray Charles Fine Arts Center. State General Funds $418,680 $0 $415,800 $0 University System of Georgia, Board of Regents 397.620 BOND: Clayton State University: $2,100,000 in principal for 5 years at 5.25%: Design a new science building. From State General Funds, $488,460 is specifically appropriated for the purpose of financing projects and 5230 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 $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 $488,460 $0 $485,100 $488,460 University System of Georgia, Board of Regents 397.621 BOND: Georgia Perimeter College: $2,200,000 in principal for 5 years at 5.25%: Design an academic building. From State General Funds, $511,720 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 $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $511,720 $511,720 $508,200 $511,720 University System of Georgia, Board of Regents 397.622 BOND: Georgia Southern University: $2,600,000 in principal for 5 years at 5.25%: Design a new biology building. From State General Funds, $604,760 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 $604,760 $604,760 $600,600 $604,760 University System of Georgia, Board of Regents 397.623 BOND: Georgia Southwestern State University: $1,100,000 in principal for 5 years at 5.25%: Design a new health and human sciences building. From State General Funds, $255,860 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 FRIDAY, APRIL 3, 2009 5231 of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $255,860 $255,860 $254,100 $255,860 University System of Georgia, Board of Regents 397.624 BOND: University of West Georgia: $1,400,000 in principal for 5 years at 5.25%: Design a new nursing building. From State General Funds, $325,640 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 $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $325,640 $325,640 $323,400 $325,640 University System of Georgia, Board of Regents 397.625 BOND: Valdosta State University: $0 in principal for 5 years at 5.25%: Design a new health science building. State General Funds $651,280 $651,280 $646,800 $0 University System of Georgia, Board of Regents 397.626 BOND: Medical College of Georgia: $6,000,000 in principal for 5 years at 5.25%: Design the new Consolidated Medical Education Commons. From State General Funds, $1,395,600 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 $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 $1,395,600 $1,395,600 $1,386,000 $1,395,600 University System of Georgia, Board of Regents 397.627 BOND: University of Georgia - Griffin Campus: $800,000 in principal for 20 years at 6.5%: Fund infrastructure improvements and renovations. From State General Funds, $72,640 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, 5232 JOURNAL OF THE SENATE equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $72,640 $72,640 $68,480 $72,640 University System of Georgia, Board of Regents 397.628 BOND: Regents: $60,000,000 in principal for 20 years at 6.5%: Fund major repairs and rehabilitation statewide. From State General Funds, $5,448,000 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 $60,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $6,356,000 $5,448,000 $5,136,000 $5,448,000 University System of Georgia, Board of Regents 397.629 BOND: Georgia Research Alliance: $10,000,000 in principal for 5 years at 5.25%: Fund equipment for research and development infrastructure for science-based economic development. From State General Funds, $2,326,000 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 60 months. State General Funds $2,326,000 $2,326,000 $2,310,000 $2,326,000 University System of Georgia, Board of Regents 397.630 BOND: East Georgia College: $4,900,000 in principal for 20 years at 6.5%: Design and construct the Classroom, Student Services, and Administration Building. From State General Funds, $444,920 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have FRIDAY, APRIL 3, 2009 5233 maturities not in excess of 240 months. State General Funds $444,920 $419,440 $444,920 University System of Georgia, Board of Regents 397.631 BOND: Georgia State University: $9,600,000 in principal for 20 years at 6.5%: Acquire and develop an outdoor student recreation facility. From State General Funds, $871,680 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $871,680 $0 $871,680 University System of Georgia, Board of Regents 397.632 BOND: Georgia State University: $8,000,000 in principal for 20 years at 6.5%: Complete the Parker H. Petit Science Center. From State General Funds, $726,400 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 $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 $726,400 $0 $726,400 University System of Georgia, Board of Regents 397.633 BOND: Medical College of Georgia: $27,000,000 in principal for 20 years at 6.5%: Complete design, construction, and equipment of the School of Dentistry. From State General Funds, $2,451,600 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 $27,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,451,600 $2,311,200 $2,451,600 5234 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 397.634 BOND: Georgia Research Alliance: $3,000,000 in principal for 5 years at 5.25%: Fund science equipment and other technology, to be matched by private funds, at University System institutions statewide. From State General Funds, $697,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,326,000 $0 $697,800 University System of Georgia, Board of Regents 397.635 BOND: Atlanta Metropolitan College: $2,500,000 in principal for 20 years at 6.5%: Design and construct the Science Academic Building Addition. From State General Funds, $227,000 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $214,000 $227,000 Technical College System of Georgia 397.661 BOND: Technical College Multi-Projects: $20,965,000 in principal for 5 years at 5.25%: Purchase equipment for construction projects nearing completion. From State General Funds, $4,876,459 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $20,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $4,876,459 $4,876,459 $4,842,915 $4,876,459 Technical College System of Georgia 397.662 BOND: Technical College Multi-Projects: $14,000,000 in principal for 5 years at 5.25%: Replace obsolete equipment. FRIDAY, APRIL 3, 2009 5235 From State General Funds, $3,256,400 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $3,256,400 $3,256,400 $3,234,000 $3,256,400 Technical College System of Georgia 397.663 BOND: Technical College Multi-Projects: $20,000,000 in principal for 20 years at 6.5%: Fund facility repairs and renovations. From State General Funds, $1,816,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 240 months. State General Funds $1,816,000 $1,816,000 $1,712,000 $1,816,000 Technical College System of Georgia 397.664 BOND: Central Georgia Technical College: $17,680,000 in principal for 20 years at 6.5%: Design and construct the Center for Health Sciences at the Milledgeville Campus. From State General Funds, $1,605,344 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $17,680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,605,344 $0 $1,513,408 $1,605,344 Technical College System of Georgia 397.665 BOND: Griffin Technical College: $19,315,000 in principal for 20 years at 6.5%: Design and construct the Medical Technology Building. From State General Funds, $1,753,802 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or 5236 JOURNAL OF THE SENATE facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,315,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,753,802 $1,753,802 $1,653,364 $1,753,802 Technical College System of Georgia 397.666 BOND: Moultrie Technical College: $9,540,000 in principal for 20 years at 6.5%: Design and construct the Allied Health Building. From State General Funds, $866,232 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $866,232 $866,232 $816,624 $866,232 Technical College System of Georgia 397.667 BOND: Sandersville Technical College: $10,200,000 in principal for 20 years at 6.5%: Design and construct a Health Sciences and Business Development Center. From State General Funds, $926,160 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $10,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $926,160 $0 $873,120 $926,160 Technical College System of Georgia 397.668 BOND: Altamaha Technical College: $14,375,000 in principal for 20 years at 6.5%: Design and construct a classroom building and truck driving range. From State General Funds, $1,305,250 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $14,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities FRIDAY, APRIL 3, 2009 5237 not in excess of 240 months. State General Funds $1,305,250 $1,305,250 $1,230,500 $1,305,250 Technical College System of Georgia 397.669 BOND: Griffin Technical College: $475,000 in principal for 5 years at 5.25%: Design and construct a classroom building. (CC:Design a classroom building) From State General Funds, $110,485 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $475,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $771,800 $771,800 $727,600 $110,485 Technical College System of Georgia 397.670 BOND: West Central Technical College: $8,480,000 in principal for 20 years at 6.5%: Plan, design, and construct a Classroom Building and Truck Driving Range. From State General Funds, $769,984 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $8,480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $769,984 $725,888 $769,984 Technical College System of Georgia 397.671 BOND: Northwestern Technical College: $3,000,000 in principal for 5 years at 5.25%: Design and construct a campus in Catoosa County. (CC:Design a campus in Catoosa County) From State General Funds, $697,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 60 months. State General Funds $299,172 $697,800 5238 JOURNAL OF THE SENATE Technical College System of Georgia 397.672 BOND: Technical College Multi-Projects: $15,000,000 in principal for 20 years at 6.5%: 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, $1,362,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,284,000 $1,362,000 Technical College System of Georgia 397.673 BOND: North Georgia Technical College: $6,020,000 in principal for 20 years at 6.5%: Renovate the Hoyt Coe Classroom Building on the Clarkesville campus. From State General Funds, $546,616 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $6,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $515,312 $546,616 Technical College System of Georgia 397.674 BOND: Ogeechee Technical College: $6,050,000 in principal for 20 years at 6.5%: Design and construct an addition to the Health Sciences building. From State General Funds, $549,340 is specifically appropriated for the purpose of financing projects and facilities for the Technical College 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 $6,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $517,880 $549,340 FRIDAY, APRIL 3, 2009 5239 University System of Georgia, Board of Regents 397.680 BOND: Regents: $0 in principal for 5 years at 5.25%: Fund major repairs and rehabilitation to public libraries statewide. State General Funds $231,000 $0 University System of Georgia, Board of Regents 397.681 BOND: Rockmart Library: $1,895,000 in principal for 20 years at 6.5%: Design and renovate a building as part of the Sara Hightower Regional Library System. From State General Funds, $172,066 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 Rockmart Library, for that library, through the issuance of not more than $1,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $172,066 $0 $162,212 $172,066 University System of Georgia, Board of Regents 397.682 BOND: DeKalb County Central Library Annex: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the DeKalb County Public Library System. From State General Funds, $181,600 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 DeKalb County Central Library Annex, 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 $181,600 $0 $171,200 $181,600 University System of Georgia, Board of Regents 397.683 BOND: R.T. Jones Memorial Library: $1,050,000 in principal for 20 years at 6.5%: Design and renovate as part of the Sequoyah Regional Library System. From State General Funds, $95,340 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 R.T. Jones Memorial Library, for that library, 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 240 months. State General Funds $95,340 $95,340 $89,880 $95,340 University System of Georgia, Board of Regents 397.684 BOND: Athens-Clarke County Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the Athens Regional Library System. 5240 JOURNAL OF THE SENATE From State General Funds, $181,600 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 Athens-Clarke 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 $181,600 $0 $171,200 $181,600 University System of Georgia, Board of Regents 397.685 BOND: St. Mary's Public Library: $860,000 in principal for 20 years at 6.5%: Design and construct the renovations and expansion as part of the Three Rivers Regional Library System. From State General Funds, $78,088 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 St. Mary's Public Library, for that library, 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 240 months. State General Funds $78,088 $78,088 $73,616 $78,088 University System of Georgia, Board of Regents 397.686 BOND: Morgan County Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct the renovations and expansion as part of the Uncle Remus Regional Library System. From State General Funds, $181,600 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 Morgan 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 $181,600 $181,600 $171,200 $181,600 University System of Georgia, Board of Regents 397.687 BOND: Jeff Davis Public Library: $1,145,000 in principal for 20 years at 6.5%: Design and construct as part of the Satilla Regional Library System. From State General Funds, $103,966 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 $1,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $103,966 $103,966 $98,012 $103,966 University System of Georgia, Board of Regents 397.688 BOND: Thomasville Central Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct an addition as part of the Thomas FRIDAY, APRIL 3, 2009 5241 County Public Library System. From State General Funds, $181,600 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 Thomasville Central 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 $181,600 $0 $171,200 $181,600 University System of Georgia, Board of Regents 397.689 BOND: Forest Park Branch Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the Clayton County Library System. From State General Funds, $181,600 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 Forest Park Branch 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 $181,600 $0 $171,200 $181,600 University System of Georgia, Board of Regents 397.690 BOND: Northeast Regional Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the Sequoyah Regional Library System. From State General Funds, $181,600 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 Northeast Regional 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 $181,600 $181,600 $171,200 $181,600 University System of Georgia, Board of Regents 397.691 BOND: O'Kelly Memorial Library: $0 in principal for 20 years at 6.5%: Design and construct as part of the Uncle Remus Regional Library System. State General Funds $181,600 $0 $0 $0 University System of Georgia, Board of Regents 397.692 BOND: Oakland Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the Lee County Library System. From State General Funds, $181,600 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 Oakland Library, for that 5242 JOURNAL OF THE SENATE 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 $181,600 $171,200 $181,600 University System of Georgia, Board of Regents 397.693 BOND: Tallapoosa Public Library: $400,000 in principal for 20 years at 6.5%: Design and construct as part of the West Georgia Regional Library. From State General Funds, $36,320 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 Tallapoosa Public Library, for that library, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $36,320 $0 $36,320 University System of Georgia, Board of Regents 397.694 BOND: Warren P. Sewell Memorial Library: $1,355,000 in principal for 20 years at 6.5%: Design and renovate as part of the West Georgia Regional Library. From State General Funds, $123,034 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 Warren P. Sewell Memorial Library, for that library, through the issuance of not more than $1,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $123,034 $0 $123,034 University System of Georgia, Board of Regents 397.695 BOND: Greene County Public Library: $1,810,000 in principal for 20 years at 6.5%: Design and construct as part of the Uncle Remus Regional Library System. From State General Funds, $164,348 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 Greene County Public Library, for that library, through the issuance of not more than $1,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $164,348 $0 $164,348 University System of Georgia, Board of Regents 397.696 BOND: Dade County Public Library: $675,000 in principal for 20 years at 6.5%: Design and construct as part of the Cherokee Regional Library System. From State General Funds, $61,290 is specifically appropriated to the Board of Regents of the University System FRIDAY, APRIL 3, 2009 5243 of Georgia to provide public library facilities by grant to the governing board of the Dade County Public Library, for that library, through the issuance of not more than $675,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $58,860 $61,290 University System of Georgia, Board of Regents 397.697 BOND: Commerce Public Library: $1,515,000 in principal for 20 years at 6.5%: Design and construct as part of the Piedmont Regional Library System. From State General Funds, $137,562 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 Commerce Public Library, for that library, through the issuance of not more than $1,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $129,684 $137,562 University System of Georgia, Board of Regents 397.698 BOND: Union County Public Library: $1,665,000 in principal for 20 years at 6.5%: Design and construct as part of the Mountain Regional System. From State General Funds, $151,182 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 Union County Public Library, for that library, through the issuance of not more than $1,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $142,524 $151,182 University System of Georgia, Board of Regents 397.699 BOND: Walnut Grove Library: $1,250,000 in principal for 20 years at 6.5%: Design and construct as part of the Uncle Remus Regional Library System. From State General Funds, $113,500 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Walnut Grove Library, for that library, 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 240 months. State General Funds $107,000 $113,500 Agriculture, Department of 397.701 BOND: State Farmer's Markets: $1,250,000 in principal for 5 years at 5.25%: Design and repair facilities statewide. From State General Funds, $290,750 is specifically appropriated for the purpose of financing projects and 5244 JOURNAL OF THE SENATE 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 $290,750 $290,750 $288,750 $290,750 Agriculture, Department of 397.702 BOND: Oakwood Diagnostic Laboratory: $13,600,000 in principal for 20 years at 7%: Design, construct, and equip a replacement facility. From State General Funds, $1,283,840 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 $13,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,234,880 $1,283,840 $1,335,520 $1,283,840 Agriculture, Department of 397.703 BOND: Agricultural Testing Laboratories: $24,000,000 in principal for 20 years at 6.5%: Construct and equip facilities. From State General Funds, $2,179,200 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 $24,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,179,200 $2,179,200 $2,054,400 $2,179,200 Forestry Commission, State 397.711 BOND: Forestry Equipment: $2,500,000 in principal for 5 years at 5.25%: Purchase equipment. From State General Funds, $581,500 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 FRIDAY, APRIL 3, 2009 5245 excess of 60 months. State General Funds $581,500 $581,500 $577,500 $581,500 Forestry Commission, State 397.712 BOND: Forestry Buildings: $2,910,000 in principal for 20 years at 6.5%: Fund facility repairs and renovations statewide. (S:Design and construct new facilities statewide)(CC:Construct new and renovate existing facilities statewide) From State General Funds, $264,228 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 $2,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $232,600 $232,600 $249,096 $264,228 Jekyll Island State Park Authority 397.721 BOND: Jekyll Island: $25,000,000 in principal for 20 years at 6.5%: Construct a new conference center and oceanfront public park. From State General Funds, $2,270,000 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 $2,270,000 $2,270,000 $2,140,000 $2,270,000 Natural Resources, Department of 397.731 BOND: Don Carter State Park: $14,000,000 in principal for 20 years at 6.5%: Design and construct the state park. From State General Funds, $1,271,200 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,271,200 $1,271,200 $1,198,400 $1,271,200 5246 JOURNAL OF THE SENATE Natural Resources, Department of 397.732 BOND: DNR State Parks: $5,000,000 in principal for 5 years at 5.25%: Fund facility construction, repairs, and renovations statewide. From State General Funds, $1,163,000 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 $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 $1,163,000 $1,163,000 $1,155,000 $1,163,000 Natural Resources, Department of 397.741 BOND: Georgia National Fairgrounds and Agricenter: $0 in principal for 20 years at 6.5%: Design and construct public restroom facilities. State General Funds $40,860 $0 $0 $0 Natural Resources, Department of 397.742 BOND: Georgia National Fairgrounds and Agricenter: $1,000,000 in principal for 20 years at 6.5%: Expand the McGill Building for equipment storage. From State General Funds, $90,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $34,504 $90,800 $85,600 $90,800 Natural Resources, Department of 397.743 BOND: Georgia National Fairgrounds and Agricenter: $0 in principal for 20 years at 6.5%: Construct a parking lot for the Conference Center. State General Funds $54,480 $0 $0 $0 Soil and Water Conservation Commission 397.751 BOND: Soil & Water Conservation Watershed: $3,000,000 in principal for 20 years at 6.5%: Rehabilitate USDA flood control watershed structures to bring them into compliance with Georgia's Safe Dams Act. From State General Funds, $272,400 is specifically appropriated for the purpose of financing projects and FRIDAY, APRIL 3, 2009 5247 facilities for the Soil and Water Conservation 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 $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 $272,400 $272,400 $256,800 $272,400 Section 51: Refunds In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 52: Leases In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 53: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose, unless such purpose conflicts with state or federal law. If the stated purpose conflicts with state or federal law, then the purpose statement shall be construed as any other lawful purpose consistent with the fund source and the general law powers of the budget unit. 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 5248 JOURNAL OF THE SENATE initially stated within the section is not exceeded, except that when an agency receives an appropriation from the category "Total Federal Funds" and such funds are identified "Temporary Assistance for Needy Families" (TANF), the appropriation is the amount stated and the agency may not reduce such funds below the amount stated. Where federal funds received by an agency or other funds received by an agency and not remitted to the general fund of the state treasury are not otherwise restricted by state or federal law, the agency shall use such funds to supplant appropriated state funds in the following order: first, other funds received by the agency, and second, federal funds. "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 section does not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes. 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 authorizations for general obligation debt in Section 49, the indented, bold-faced paragraphs following each Bond number are the lowest level of detail and constitute appropriations in accordance with Article VII, Section IV, Paragraph III(a)(1) of the Georgia Constitution. The caption above the Bond number, the light-faced text immediately following the Bond number before the bold-faced text, and the light-faced after the bold-faced text are information only. Similarly, 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 but constitutes information as to how the appropriation was derived. Amounts in the columns other than the rightmost column are for informational purposes only. The summary and lowest level of detail for the fund source categories "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, and 53 contain, constitute, or amend appropriations. FRIDAY, APRIL 3, 2009 5249 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. 5250 JOURNAL OF THE SENATE Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 119. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans N 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson C Unterman Weber Y Wiles Y Williams On the motion, the yeas were 49, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 119. The following bill was taken up to consider House action thereto: SB 199. By Senators Wiles of the 37th, Harp of the 29th and Cowsert of the 46th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to suspend for one year the otherwise required annual training for magistrates and probate judges; 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 FRIDAY, APRIL 3, 2009 5251 To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the suspension for one year of the otherwise required annual training for magistrates and probate 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 159-1.1, relating to training requirements for probate judges, by revising subsection (c) as follows: "(c)(1) Each judge of the probate court shall be required to complete additional training prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia during each year he or she serves as a judge of the probate court after the initial year of training and shall file a certificate of such additional training issued by the Institute of Continuing Judicial Education of Georgia with the Probate Judges Training Council. (2) For the calendar years 2009 and 2010 only, the Probate Judges Training Council may suspend, in whole or in part, the training requirements of this subsection. If the council suspends such requirements, and if any probate judge has completed all or a portion of the required training prior to suspension of the training requirements, credit for the training so completed shall be carried over and applied to calendar year 2010 or 2011." SECTION 2. Said title is further amended in Code Section 15-10-137, relating to training requirements for magistrates, by revising subsection (c) as follows: "(c)(1) In order to maintain the status of a certified magistrate judge, each person certified as such shall complete 20 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as a magistrate judge. (2) For the calendar years 2009 and 2010 only, the council may suspend, in whole or in part, the training requirements of this subsection. If the council suspends such requirements, and if any magistrate judge has completed all or a portion of the required training prior to suspension of the training requirements, credit for the training so completed shall be carried over and applied to calendar year 2010 or 2011." 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. 5252 JOURNAL OF THE SENATE Senator Wiles of the 37th moved that the Senate agree to the House substitute to SB 199. On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims N Smith Y Staton E Stoner Y Tarver Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 199. The following bill was taken up to consider House action thereto: SB 200. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Douglas of the 17th, Hill of the 32nd and others: 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 enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct cross-references; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House substitute was as follows: FRIDAY, APRIL 3, 2009 5253 A BILL TO BE ENTITLED AN ACT To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a division and a director of planning; to provide for the development of transportation plans for the state; to specify certain duties for the commissioner of transportation; to specify certain duties for the State Transportation Board; to provide for an organizational structure within the department; to provide a timetable for completion and reporting of transportation plans; to provide for investment policies to guide transportation planning; to provide for the appointment of the director of planning; to provide for identifying and constructing projects with private investment; to provide for priority of expenditures; to provide for the development of allocation formulas for available funding; to amend Article 2 of Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Georgia Regional Transportation Authority, so as to remove a planning function of the authority; 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 in Code Section 32-2-1, relating to the composition of the Department of Transportation, by revising said Code section as follows: "32-2-1. The Department of Transportation shall consist of the State Transportation Board, the commissioner of transportation, the director of planning, the deputy commissioner of transportation, the chief engineer, the treasurer and the assistant treasurer of transportation, and such subordinate employees as may be deemed necessary by the commissioner or the director of planning." SECTION 2. Said title is further amended in Code Section 32-2-20, relating to the State Transportation Board generally, by revising subsection (f) of said Code section as follows: "(f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the board, not to exceed 60 days in any calendar year. No per diem shall be paid for meetings of the board conducted by conference call. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds 5254 JOURNAL OF THE SENATE appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairperson and signed by the secretary." SECTION 3. Said title is further amended in Code Section 32-2-21, relating to the powers and duties of the State Transportation Board generally, by revising said Code section as follows: "32-2-21. The board shall be charged with the general control and supervision of the department. In the exercise of such general control and supervision, the board shall have such duties, powers, and authority as are expressly vested in it by this title, including but not limited to: (1) Designation of public roads on the state highway system; (2) Approval of negotiated construction contracts, of authority lease agreements, or of the advertising of nonnegotiated construction contracts; and (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner, the chief engineer, and the treasurer and the assistant treasurer of the department; and (4)(3) Approval of all long-range plans and programs of the department." SECTION 4. Said title is further amended by adding after Code Section 32-2-21, relating to the powers and duties of the State Transportation Board generally, a new Code Section 32-2-22 to read as follows: "32-2-22. (a) As used in this chapter and in Article 2 of Chapter 5 of this title, the term: (1) 'Director' means the director of planning provided for by Code Section 32-2-43. (2) 'Division' means the Planning Division of the department provided for by paragraph (4) of subsection (b) of Code Section 32-2-41. (3) 'Metropolitan planning organization' means the forum for cooperative transportation decision making for a metropolitan planning area. (4) 'Metropolitan transportation plan' means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area. (5) 'Nonmetropolitan area' means a geographic area outside the designated metropolitan planning areas. (6) 'State-wide strategic transportation plan' means the official, intermodal, comprehensive, fiscally constrained transportation plan which includes projects, programs, and other activities to support implementation of the state's strategic transportation goals and policies. This plan and the process for developing the plan shall comply with 23 C.F.R. Section 450.104. (7) 'State-wide transportation improvement program' means a state-wide prioritized listing of transportation projects covering a period of four years that is consistent with the state-wide strategic transportation plan, metropolitan transportation plans, and FRIDAY, APRIL 3, 2009 5255 transportation improvement programs and required for multi-modal projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. (8) 'Transportation improvement program' means a prioritized listing of transportation projects covering a period of four years that is developed and formally adopted by a metropolitan planning organization as part of the metropolitan transportation planning process, consistent with the metropolitan transportation plan, and required for projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. (b) The director and the division shall: (1) Review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs and negotiate with the propounder of the plans concerning changes or amendments which may be recommended by the department or the Governor, consistent with applicable federal law and regulation; (2) Review any transportation projects proposed by the department and adopt, remove, or otherwise include such projects as all or a portion of department plans, consistent with applicable federal law and regulation; (3) Develop the state-wide strategic transportation plan and the state-wide transportation improvement program and support the various transportation improvement programs; (4) Develop an annual capital construction project list to be reviewed by the Governor and submitted to the General Assembly for consideration in the budget; (5) Promulgate rules and regulations necessary to carry out its duties under the provisions of this title. The division shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof; and (6) Do all things necessary or convenient to carry out the powers expressly given in this Code section. (c) After review and approval by the Governor, the state transportation improvement program and the state-wide strategic transportation plan shall be submitted to the State Transportation Board for approval." SECTION 5. Said title is further amended by revising Code Section 32-2-41, relating to the powers, duties, and authority of the commissioner of transportation, as follows: "32-2-41. (a) As the chief executive officer of the department, the commissioner shall have direct and full control of the department. He or she shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the department by law, except those duties, powers, and authority which are expressly reserved by law to the board or the director of planning. The commissioner's principal responsibility shall be the faithful implementation of transportation plans produced by the director of planning 5256 JOURNAL OF THE SENATE and approved by the Governor and the State Transportation Board, subject to the terms of such appropriations Acts as may be adopted from time to time. When the board is not in regular or called session, the commissioner shall perform, exercise, and possess all duties, powers, and authority of the board except: (1) Approval of the advertising of nonnegotiated construction contracts; and (2) Approval of authority lease agreements; (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner; the chief engineer; and the treasurer and the assistant treasurer of the department; and (4) Approval of long-range plans and programs of the department. The commissioner shall also have the authority to exercise the power of eminent domain and to execute all contracts, authority lease agreements, and all other functions except those that cannot legally be delegated to him or her by the board. (b)(1) The commissioner shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he or she may deem necessary or useful to the effective operation and administration of the department except that the commissioner shall not employ a person who is related within the second degree of consanguinity to the commissioner or any member of the board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a board member or appointment of a commissioner. The commissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficient operation of the department. (2) Notwithstanding the provisions of subsection (b) of Code Section 32-6-29, the commissioner shall have the authority to appoint and employ five nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' The investigators shall have full arrest powers in cases involving internal affairs of the department and in cases involving obstruction of, encroaching on, or injury to public roads or rights of way. In such cases, the investigators shall be authorized: (A) To investigate Department of Transportation related crimes committed anywhere in the state; (B) To arrest any person violating the criminal laws of this state; (C) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (D) To enforce in general the criminal laws of this state; (E) To issue citations for civil damage to any person found to be violating the laws, rules, and regulations pertaining to vegetation management; and (F) To carry firearms while performing their duties but only if such investigators 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.' FRIDAY, APRIL 3, 2009 5257 (3) The power granted to the commissioner in paragraph (1) of this subsection shall be subject to and limited by Article 1 of Chapter 20 of Title 45 establishing a merit system for department employees, to the extent that the same or any amendments thereto are now or may be hereafter applicable to department personnel. (4) There shall be a Planning Division of the department, directed and staffed by the director of planning, which shall be the department's principal unit for developing the state transportation improvement program and the state-wide strategic transportation plan and coordinating transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation, under the supervision of the director. The division and the director shall not have jurisdiction over the funds allocated for the local maintenance and improvement grant program pursuant to subsection (d) of Code Section 32-5-27 except as expressly provided by said subsection. (5) There shall be an Engineering Division of the department to be supervised by the chief engineer, a Finance Division of the department to be supervised by the treasurer, an Administration Division of the department to be supervised by the deputy commissioner, and a Local Grants Division to be supervised by an appointee serving at the pleasure of the commissioner. The duties, responsibilities, and personnel of each such division shall be as established by the commissioner. (6) The commissioner may establish a Construction Division, an Operations and Maintenance Division, a Permitting Division, and a Public-Private Initiatives Division of the department. The commissioner shall assign to such divisions, except as otherwise provided by law, such personnel and such duties and responsibilities as may be necessary and appropriate for the proper functioning of the department." SECTION 6. Said title is further amended in Code Section 32-2-41.1, relating to progress report and strategic transportation plan, by revising subsection (a) of said Code section as follows: "(a) On or before September 1, 2008 October 15, 2009, the commissioner director 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 division has made on preparing a State-wide Strategic Transportation Plan. The commissioner director 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 December 31, 2009. Comments and suggestions by the House and Senate Transportation Committees of the General Assembly and the Governor shall be submitted to the commissioner director no later than February 15, 2009 February 15, 2010. This plan shall include a list of projects realistically expected to begin construction within the next five four 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 be developed with consideration of investment 5258 JOURNAL OF THE SENATE policies addressing: (1) Growth in private-sector employment, development of work force, and improved access to jobs; (2) Reduction in traffic congestion; (3) Improved efficiency and reliability of commutes in major metropolitan areas; (4) Efficiency of freight, cargo, and goods movement; (5) Coordination of transportation investment with development patterns in major metropolitan areas; (6) Market driven travel demand management; (7) Optimized capital asset management; (8) Reduction in accidents resulting in injury and loss of life; (9) Border-to-border and interregional connectivity; and (10) Support for local connectivity to the state-wide transportation network. The investment policies provided for in paragraphs (1) through (10) of this subsection shall also guide the development of the allocation formula provided for under Code Section 32-5-27 and shall expire on April 15, 2012, and every four years thereafter unless amended or renewed. The final version of the State-wide Strategic Transportation Plan shall be completed by June 30, 2009 April 10, 2010, and shall be delivered to 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. A report detailing the progress of projects and programs in on or before that date. An updated version of the State-wide Strategic Transportation Plan shall be prepared and delivered annually semiannually thereafter, and a revised version shall be prepared and delivered at least biennially thereafter." SECTION 7. Said title is further amended in Code Section 32-2-41.2, relating to benchmarks and value engineering studies to be developed by the commissioner of transportation, by revising subsections (b) and (d) as follows: "(b) The commissioner director shall submit an annual a semiannual report to the Governor, the 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." "(d) Value engineering studies shall be performed on all projects whose costs exceed $10 million, and the commissioner director shall submit an annual report to the Governor, the 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." FRIDAY, APRIL 3, 2009 5259 SECTION 8. Said title is further amended in Code Section 32-2-42, relating to the appointment of a deputy commissioner of transportation, chief engineer, treasurer, and assistant treasurer, by revising said Code section as follows: "32-2-42. (a) The commissioner shall appoint a deputy commissioner of transportation, whose appointment shall be subject to the approval of the board, to serve at the pleasure of the commissioner. Before assuming the duties of his or her office, the deputy commissioner shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office, including any duties of the office of the commissioner which the deputy commissioner may be required to perform as acting commissioner. The premium for the bond shall be paid out of the funds of the department. The deputy commissioner shall be the assistant commissioner and shall be empowered to act in his or her own name for the commissioner. The deputy commissioner may exercise to the extent permitted by law only such powers and duties of the commissioner as have been previously assigned to him or her in writing by the commissioner. In the event of the commissioner's temporary incapacity which causes his or her absence from the offices of the Department of Transportation Building in Atlanta, Georgia, for 30 consecutive days, the deputy commissioner shall assume all the powers and duties of the commissioner, to be exercised until such time as the commissioner's temporary absence or incapacity shall cease. In the event of the commissioner's permanent incapacity, the deputy commissioner shall become acting commissioner, as provided in subsection (c) of Code Section 32-2-40. (b) The commissioner shall appoint a chief engineer, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his or her appointment, to serve at the pleasure of the commissioner. The chief engineer shall be the chief engineer of the department and shall be a professional engineer registered in accordance with Chapter 15 of Title 43 and who shall be experienced in highway engineering. (c) The commissioner shall appoint a treasurer of the department, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his appointment, to serve at the pleasure of the board commissioner. Before assuming the duties of his or her office, the treasurer shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. The duties of the treasurer shall be to receive all funds from all sources to which the department is entitled, to account for all funds received by the department, and to perform such other duties as may be 5260 JOURNAL OF THE SENATE required of him or her by the commissioner. The commissioner shall have the authority to appoint an assistant treasurer in the same manner and under the same conditions as set forth in this subsection for the appointment of the treasurer, including the qualifying in advance by giving bond of the same type, amount, and paid for in the same manner as required of the treasurer. The assistant treasurer shall assume the duties of office of treasurer upon the incapacity or death of the treasurer and shall serve until a new treasurer is appointed as provided in this subsection. (d) Any provision of this title or of any other statute or of any rule or regulation to the contrary notwithstanding, the commissioner or the deputy commissioner may, in addition to serving as commissioner or deputy commissioner, also simultaneously serve as chief engineer, provided that he or she shall be appointed and confirmed and shall possess the qualifications as prescribed in subsection (b) of this Code section. A commissioner or deputy commissioner simultaneously serving as chief engineer shall be paid for the discharge of all his or her duties the sum to which he or she is entitled as commissioner or deputy commissioner." SECTION 9. Said title is further amended by adding after Code Section 32-2-42, relating to the appointment of a deputy commissioner of transportation, chief engineer, treasurer, and assistant treasurer, a new Code Section 32-2-43 to read as follows: "32-2-43. (a) There shall be a director of planning appointed by the Governor subject to approval by a majority vote of the House Transportation Committee. The director shall serve during the term of the Governor by whom he or she is appointed and at the pleasure of the Governor. Before assuming the duties of his or her office, the director shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. (b) The director of planning's principal responsibility shall be the development of transportation plans, including the development of the state-wide strategic transportation plan and state-wide transportation improvement program and other comprehensive plans pursuant to the provisions of Code Section 32-2-3 and Code Section 32-2-22, strategic transportation plans pursuant to the provisions of Code Section 32-2-41.1, and benchmarks and value engineering studies pursuant to the provisions of Code Section 32-2-41.2, in consultation with the board, the Governor, and the commissioner. The director shall be the director of the Planning Division of the department and shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the such division by law and are necessary or appropriate for such purpose, except those duties, powers, and authority which are expressly reserved by law to the board or the commissioner." FRIDAY, APRIL 3, 2009 5261 SECTION 10. Said title is further amended by striking in their entirety Code Section 32-2-78, relating to definitions, Code Section 32-2-79, relating to requirements for solicited and unsolicited proposal for public-private initiative, and Code Section 32-2-80, relating to authority to contract with proposer for public-private initiative, and inserting in lieu thereof respectively a new Code Section 32-2-78, a new Code Section 32-2-79 and a new Code Section 32-2-80 to read as follows: "32-2-78. As used in this Code section and Code Sections 32-2-79 and 32-2-80, the term: (1) 'Participating local governing authority' includes the governing authority of any county or municipality whose geographical jurisdiction includes the project. (2) 'Project' means a project which the department deems appropriate for letting pursuant to the procedures of Code Section 32-2-79 and Code Section 32-2-80. 32-2-79. (a) The staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those projects on the state-wide transportation improvement program or otherwise identified that afford the greatest gains in congestion mitigation or promotion of economic development. (b) Any project identified pursuant to subsection (a) of this Code section that will not be initiated within two years of the reporting date or that does not have specific available and complete funding may be let and constructed utilizing the procedures of this Code section and Code Section 32-2-80. All personnel of the department shall cooperate in all respects in the letting, construction, maintenance, and operation of such projects, including without limitation providing such access and control of portions of the state highway system as may be requested or required from time to time for such purposes. (c) Projects wholly or partly in a metropolitan planning area shall be included in a fiscally constrained transportation improvement program. 32-2-80. (a)(1) The department shall evaluate a project to determine, in the judgment of the department, appropriate or desirable levels of state, local, and private participation in financing such project. In making such determination, the department shall be authorized and encouraged to seek the advice and input of the affected local governing authorities, applicable metropolitan planning organizations, and the private financial and construction sectors. (1.1) No constitutional officer or member of the State Transportation Board shall serve as an agent, lobbyist, or board member for any entity directly or indirectly under contract with or negotiating a contract with the department under this Code section for one year after leaving his or her position as a constitutional officer or member of the State Transportation Board. (2) For projects that are funded or financed in part or in whole by private sources, the 5262 JOURNAL OF THE SENATE department shall be authorized to issue a written request for proposal indicating in general terms the scope of the project, the proposed financial participations in the project, and the factors that will be used in evaluating the proposal and containing or incorporating by reference other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the contractor. Public notice of such request for proposal shall be made at least 90 days prior to the date set for receipt of proposals by posting the legal notice on a single website that shall be procured and maintained for such purposes by the Department of Administrative Services or in substantially the same manner utilized by the department to solicit requests for proposals. (3) Upon receipt of a proposal or proposals responsive to the request for proposals, the department shall accept written public comment, solicited in the same manner as provided for notice of proposals, for a period of 30 days beginning at least ten days after the date set for receipt of proposals. In addition, the department shall hold at least one public hearing on such proposals not later than the conclusion of the period for public comment. (4) The department shall engage in individual discussions with two or more respondents deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence and ability to meet the level of private financial participation called for by the department. Repetitive informal interviews shall be permissible. In the event that any local governing authority has agreed to consider financial participation in the project, a representative of such local governing authority, appointed by such local governing authority, may participate in such discussions and interviews. At the discussion stage, the department may discuss estimates of total project costs, including, but not limited to, life cycle costing and nonbinding estimates of price for services. Proprietary information from competing respondents shall not be disclosed to the public or to competitors. At the conclusion of such discussions, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process, the department, with the input of any participating local governing authority, shall select in the order of preference two or more respondents whose qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted with two or more respondents and with the participation of the designated representative of any participating local governing authority. Upon approval by the department, the commissioner shall select the respondent for project implementation based upon contract terms that are the most satisfactory and advantageous to the state and to the department based upon a thorough assessment of value and the ability of the final project's characteristics to meet state strategic goals and investment policies as provided for by paragraphs (1) through (10) of subsection (a) of Code Section 32-241.1. Before making such selection, the commissioner shall consult with any participating local governing authority or authorities. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request for proposal, the department may award contracts to more than one respondent. Should FRIDAY, APRIL 3, 2009 5263 the department determine in writing and in its sole discretion that only one respondent is fully qualified, or that one respondent is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that respondent. (5) Nothing in this Code section shall require the department to continue negotiations or discussions arising out of any request for proposal. (6) The department shall be authorized to promulgate reasonable rules or regulations to assist in its evaluation of the proposal and to implement the purposes of this Code section. The department shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof and shall make quarterly reports to the same chairpersons of all of its activities undertaken pursuant to the provisions of this Code section. (b) Any contracts entered into pursuant to this Code section may authorize funding to include tolls, fares, or other user fees and tax increments for use of the project that is the subject of the proposal. Such funding may be distributed by contract among the participants in the project as may be provided for by contract. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this Code section and may enter into any contracts required to receive such assistance. The department may determine that it serves the public purpose of this Code section for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof. (c) The commissioner shall be authorized to delegate such duties and responsibilities under this Code section as he or she deems appropriate from time to time; provided, however, that the final approval of contracts provided for in this Code section shall be by action of the State Transportation Board. (d) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this Code section. (e) Any contract for a public-private partnership shall require the private partner or each of its prime contractors to provide performance and payment security. Notwithstanding any other provision of law, the penal sum or amount of such security may be less than the price of the contract involved, based upon the department's determination on a project-by-project basis of what sum may be required to adequately protect the department, the state, and the contracting and subcontracting parties." SECTION 11. Said title is further amended by revising paragraph (5) of Code Section 32-5-21, relating to priority of expenditures from the State Transportation Fund as follows: "(5) As directed from time to time by appropriations Acts; and Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as 5264 JOURNAL OF THE SENATE follows: (A) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and (C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and" SECTION 12. Said title is further amended by adding at the end of Article 2 of Chapter 5 thereof, relating to the State Public Transportation Fund, a new Code Section 32-5-27, to read as follows: "32-5-27. (a) The Planning Division of the department and the director of planning shall develop an allocation formula for: (1) A state-wide transportation asset management program; (2) A state-wide transportation asset improvement program; and (3) A local maintenance and improvement grant program. Funds from the State Public Transportation Fund shall be allocated by the department pursuant to such formula as further defined in subsections (b) through (d) of this Code section and as appropriated by the General Assembly. Every four years, concurrent with the renewal of the state-wide strategic transportation plan, the division, and the director shall update the data used in the allocation formula and shall review the distributional components of the formula and at such time may amend the formula as necessary to support implementation of the plans provided for in Code Section 32-2-22. (b) Funds appropriated for the state-wide transportation asset management program shall be allocated pursuant to the long-range state-wide strategic transportation plan and shall be available for administration, maintenance, operations, and rehabilitation of infrastructure. (c)(1) Funds allocated for the state-wide transportation asset improvement program shall be allocated for capital construction projects, which may include new capacity, expansion of current infrastructure, safety improvements, or completion of, additions to, and capital improvement of state strategic corridors and economic development highways, including but not limited to those identified pursuant to Code Section 32-422. Recommendations for appropriation to the state-wide transportation asset improvement program shall include consideration of current and future regional population and regional employment. Local funding matches may be required. (2) A portion of this allocation shall be a specific itemized and prioritized project list and such portion shall be not less than 10 percent nor more than 20 percent of the aggregate allocation from the State Public Transportation Fund, subject to and consistent with the provisions of the state-wide transportation improvement program, for such fiscal year. In developing such project list the division and the director may FRIDAY, APRIL 3, 2009 5265 accept project recommendations from the Transportation Committees of the Senate and the House of Representatives, the Governor, metropolitan planning organizations, and nonmetropolitan areas. Such projects shall be prioritized in accordance with the state-wide strategic transportation plan. The division and the director shall submit such prioritized capital construction projects to the Governor for consideration in advance of the legislative session each year. The Governor shall submit all or a portion of such capital construction project requests as part of the Governor's budget recommendations to the General Assembly. The General Assembly may appropriate funds to any project on the prioritized project list. (3) In addition to the portion of the state-wide transportation asset improvement program subject to the 10 percent limitation in paragraph (2) of this subsection, additional funds from the State Public Transportation Fund may be allocated to the state-wide transportation asset improvement program that are not subject to specific project selection. (d) Funds allocated for the local maintenance and improvement grant program shall replace funds formerly available under the local assistance road program and state-aid program and shall be allocated by the Local Grants Division of the department to local governing authorities as grants or otherwise according to a funding formula developed by the division and the director. Such formula shall include considerations of paved and unpaved lane miles and vehicle miles traveled and may include population, employment, and local funding matches available, as well as other factors as may be determined by the division and the director. Funds allocated each fiscal year for the local maintenance and improvement grant program shall be not less than 10 percent nor more than 20 percent of the money derived from motor fuel taxes received by the state in the immediately preceding fiscal year, less the amount of refunds, rebates, and collection costs authorized by law and shall be used only for the purposes available for the proceeds of such taxes. Grants of such funds shall include provisions requiring adherence to adequate roadway standards, accounting practices, and applicable transportation plans. Additional allocations to this program from other funding sources shall be allocated subject to the requirements for usage attached to such funds. (e) Funds allocated or appropriated pursuant to the provisions of this Code section shall not be subject to redirection or reservation pursuant to Chapter 12 of Title 45 or to budgetary reduction except as provided by subparagraph (b) of Paragraph VI of Section IX of Article III of the Constitution. (f) Information pertaining to all funds received and expended by, through, or from the department, including but not limited to project numbers, let dates, estimated costs, actual costs, estimated completion date, status, priority ranking, congressional, House, and Senate districts, vendor names, contract amounts, and other pertinent contract information, shall be published on the website of the department as data in structured format. As used in this subsection, 'structured format' means data that is presented in machine readable format." 5266 JOURNAL OF THE SENATE SECTION 13. Article 2 of Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Georgia Regional Transportation Authority, is amended by revising paragraph (29) of subsection (a) of Code Section 50-32-11, relating to powers of the authority, as follows: "(29) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with such metropolitan planning organizations concerning changes or amendments to such plans which may be recommended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such regional plans as all or a portion of its own regional plans Reserved;" SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. Senator Adelman of the 42nd moved that the Senate agree to the House substitute to SB 200 as amended by the following amendment: Senators Adelman of the 42nd, Powell of the 23rd and Thompson of the 33rd offered the following amendment: Amend the House committee substitute to SB 200 by amending on line 303 of page 9 the following: Striking the words, "House Transportation Committee" and inserting in lieu thereof the words, "State Senate as reflected in the Georgia State Constitution" On the motion, Senator Williams of the 19th objected. Senator Powell of the 23rd called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour Y Brown Y Buckner N Bulloch N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson N Rogers N Seabaugh Y Seay N Shafer Y Sims FRIDAY, APRIL 3, 2009 5267 Y Butler N Butterworth N Chance N Chapman N Cowsert N Crosby N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp Y Hooks N Hudgens Y Jackson,L N Jackson,W N Johnson Y Jones N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas Y Thompson,C Y Thompson,S N Tolleson C Unterman N Weber N Wiles N Williams On the motion, the yeas were 22, nays 33; the motion lost, and the Senate did not agree to the House substitute to SB 200 as amended by the Senate. Senator Williams of the 19th moved that the Senate agree to the House substitute to SB 200. On the motion, a roll call was taken and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson C Unterman Y Weber Y Wiles Y Williams 5268 JOURNAL OF THE SENATE On the motion, the yeas were 33, nays 22; the motion prevailed, and the Senate agreed to the House substitute to SB 200. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 743. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Jordan of the 77th: A BILL to be entitled an Act to amend an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), so as to revise provisions relating to the ethics commission; to provide for removal of commission members for failure to carry out duties or attend meetings; to provide that the commission shall have the exclusive authority to punish ethical violations by members of the school board; to provide for a budget for the commission; to authorize the commission to adopt a seal; to change provisions relating to procedures and evidentiary rules and standards in proceedings of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 813. By Representative Howard of the 121st: 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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications of the members of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 207. By Senator Wiles of the 37th: 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 admit the general public FRIDAY, APRIL 3, 2009 5269 to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House adheres to its position in insisting on its amendment, 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 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; 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, Millar of the 79th, and Casas of the 103rd. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 86. By Senators Staton of the 18th, Butterworth of the 50th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations; to 5270 JOURNAL OF THE SENATE provide for acceptable forms of proof of citizenship; to provide for retention of such information; 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 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; 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 Wilkinson of the 52nd, Scott of the 153rd, 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 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; 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 Collins of the 27th, Hatfield of the 177th, and Allison of the 8th. The House has adopted the report of the Committee of Conference on the following Bill of the House: FRIDAY, APRIL 3, 2009 5271 HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senator Balfour of the 9th asked unanimous consent that HB 396, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 396 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 396, having been taken from the Table, was put upon its passage. HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th: A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. Senator Smith of the 52nd asked unanimous consent to suspend Senate Rule 7-1.6(b) for HB 396. The consent was granted. The Senate Public Safety Committee substitute and the amendments to the committee substitute to HB 396 can be found in the Journal on Monday, March 30, 2009, the 38th legislative day. 5272 JOURNAL OF THE SENATE Senator Smith of the 52nd asked unanimous consent that his amendments to the committee substitute be withdrawn. The consent was granted, and amendments # 2, #3, and #6 were withdrawn. Amendment #6a by Senator Smith of the 52nd was moot. Senator Wiles of the 37th asked unanimous consent that his amendment to the committee substitute be withdrawn. The consent was granted, and amendment #5 was withdrawn. Amendment #5a by Senators Mullis of the 53rd and Heath of the 31st was moot. Amendment #5b by Senator Wiles of the 37th was moot. Senator Cowsert of the 46th asked unanimous consent that his amendment to the committee substitute be withdrawn. The consent was granted, and amendment #4 was withdrawn. Senator Mullis of the 53rd asked unanimous consent that his amendment to the committee substitute be withdrawn. The consent was granted, and amendment #1 was withdrawn. On the adoption of the substitute, the yeas were 0, nays 30, and the committee substitute was lost. Senators Mullis of the 53rd and Rogers of the 21st offered the following substitute to HB 396: A BILL TO BE ENTITLED AN ACT To amend provisions of the Official Code of Georgia Annotated relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to provide for a fee for a temporary license or identification card; to provide that a driver's license shall not be issued to a person with his or her license or driving privileges suspended in another state; to change the classifications for licenses issued to noncommercial classes of motor vehicles; to change the fees for certain licenses; to change requirements relating to the expiration and renewal of certain licenses; to provide for proper handling of suspensions when multiple convictions are obtained; to provide that fees paid to counties for reporting information contained on the uniform citation form shall be subject to appropriations; to require permit drivers to surrender their permits upon certain convictions; to revise the requirements for submission of FRIDAY, APRIL 3, 2009 5273 fingerprints; to prohibit unauthorized scanning of licenses, permits, and identification cards; to provide that the international handicapped symbol shall be displayed on identification cards issued to persons with disabilities; to revise the requirements for formatting identification cards; to amend Chapter 13 of Title 40 of Official Code of Georgia Annotated, relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to provide that every motor carrier subject to regulation by the Public Service Commission shall be provided information emphasizing that it is illegal to allow persons under the age of 21 to possess or consume alcoholic beverages while being transported; 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 drivers' licenses and keeping and disseminating information on licensees, by revising subsection (j) as follows: "(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section, including the promulgation of regulations limiting the retention of conviction and withdrawal information on a driving record. Notwithstanding the foregoing, any regulation relating to the retention of conviction and withdrawal information on a driving record shall apply the same retention schedule to both commercial and noncommercial drivers. In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00." SECTION 2. Said chapter is further amended in Code Section 40-5-21.1, relating to drivers' licenses for noncitizens and evidence of lawful presence in the United States, by revising paragraph (7) of subsection (a) and enacting a new subsection (a.1) as follows: "(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 applicant's authorized stay in the United States or three five years, 5274 JOURNAL OF THE SENATE whichever occurs first. (a.1) The fee for issuance or renewal of a temporary driver's license or identification card shall be that established in Code Sections 40-5-25 and 40-5-100 for nontemporary drivers' licenses and identification cards unless the applicant's period of authorized stay is less than five years in which case the fee shall be $4.00 for each full or partial year for which the applicant is eligible for a temporary driver's license or identification card." SECTION 3. Said chapter is further amended in Code Section 40-5-22, relating to eligibility and requirements for issuance of drivers' licenses, by revising subsection (c) as follows: "(c) The department shall not issue any driver's license to nor renew the driver's license of any person: (1) Whose license has driver's license or driving privileges have been suspended during such suspension, or whose license has driver's license or driving privileges have been revoked, except as otherwise provided in this chapter; (2) Whose license is driver's license or driving privileges are currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a driver's license or driving privileges under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle; (4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose driver's license or driving privileges issued by any other jurisdiction is are suspended or revoked by such other jurisdiction during the period such license is driver's license or driving privileges are suspended or revoked by such other jurisdiction." SECTION 4. Said chapter is further amended in Code Section 40-5-23, relating to classes of drivers' licenses, by revising subsection (c) as follows: "(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows: Class C -- Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross FRIDAY, APRIL 3, 2009 5275 vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; except that any combination of vehicles with a gross vehicle weight rating not in excess of 26,000 pounds may be operated under such class of license if such combination of vehicles are controlled and operated by a farmer, used to transport agricultural products, livestock, farm machinery, or farm supplies to or from a farm, and are not used in the operations of a common or contract carrier; Class D -- Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver's license but is not presently licensed to drive; Class A E -- Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B F and Class C; Class B F -- Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C; Class M -- Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P -- Instruction permit applicable to all types of vehicles for which an applicant desires a driver's license but is not presently licensed to drive. Any applicant for a Class A E or Class B F license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license." SECTION 5. Said chapter is further amended in Code Section 40-5-24, relating to instruction permits and graduated licensing, by revising subsection (d) as follows: "(d) Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A E and B F. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a drivers license for Classes A E and B F, the applicant shall pass a knowledge and skill test for driving a Class A E or B F vehicle as provided by the commissioner." 5276 JOURNAL OF THE SENATE SECTION 6. Said chapter is further amended in Code Section 40-5-25, relating to driver's license applications and fees, by revising subsections (a) and (b) as follows: "(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. Except as provided in Code Section 40-5-21.1, the The fees shall be as established by the commissioner, not to exceed: (1) For instruction permits for Classes A, B, C, E, F, and M driver's licenses and for Class D drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00 (2) For five-year Classes A, B, C, E, F, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (2.1) For ten-year eight-year Classes A, B, C, E, F, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 32.00 (3) For Classes A, B, C, and M commercial drivers' licenses . . . . . . . . 20.00 (4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit . . . . . . . . . . 35.00 (5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 (7) For Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (8) For renewal of Classes A, B, C, and M commercial drivers' licenses 20.00 (8.1) For renewal of five-year Classes A, B, C, E, F, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (8.2) For renewal of ten-year eight-year Classes A, B, C, E, F, and M noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 32.00 (9) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class C or Class M license shall be $5.00 and any other discounts shall be as determined by the commissioner. FRIDAY, APRIL 3, 2009 5277 Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensee's name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection. (b)(1) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, E, F, or M driver's 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, or C commercial driver's 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." SECTION 7. Said chapter is further amended in Code Section 40-5-28, relating to the contents of drivers' licenses and prohibition of biological identifiers, by revising subsection (a) as follows: "(a) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full legal name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. The department shall not require applicants 5278 JOURNAL OF THE SENATE to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." SECTION 8. Said chapter is further amended in Code Section 40-5-32, relating to the expiration and renewal of drivers' licenses, by revising subsection (a) as follows: "(a)(1) Except as otherwise provided in this Code section, every driver's license shall expire on the licensee's birthday in the fifth year following the issuance of such license. Notwithstanding the foregoing, any commercial license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class A, B, C, E, F, or M noncommercial driver's license who is under age 60 shall at the applicant's option apply for a license which shall expire on the licensee's birthday in the fifth or tenth eighth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section. (2) Except as otherwise provided by subsection (c) of this Code section, every veteran's or honorary license shall be valid expire on the licensee's birthday in the eighth year following the issuance thereof until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every five years. The department may allow a veteran or honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. (3) The commissioner shall issue such rules and regulations as are required to enforce this subsection." SECTION 9. Said chapter is further amended by revising subsection (b) of Code Section 40-5-53, relating to the service of notice of suspensions by courts to the department, as follows: "(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, FRIDAY, APRIL 3, 2009 5279 using the electronic reporting method approved by the department. Subject to appropriations by the General Assembly, the The department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court." SECTION 10. Said chapter is further amended in Code Section 40-5-63, relating to periods of license suspensions and conditions prior to return of license, by revising subsection (a) as follows: "(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75; and further provided that each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident; and further provided that the department shall treat each conviction received in the order in which said convictions are processed even if it is not the order in which said offenses occurred:" SECTION 11. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (d) and (e) as follows: "(d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; (4.1) The installation and use of an ignition interlock device in accordance with Article 7 of Chapter 8 of Title 42, which shall be required for any permittee who is applying for an ignition interlock limited driving permit; and (5) Such other restrictions as the department may require. (e) Fees, duration, renewal, and replacement of permit. A permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's 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 5280 JOURNAL OF THE SENATE 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 driver's 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 driver's 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 applicant's 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 driver's 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 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license limited driving permit issued to him or her." SECTION 12. Said chapter is further amended in Code Section 40-5-75, relating to license suspensions by operation of law for drug convictions, by enacting a new subsection (a.1) and revising subsection (i) as follows: "(a.1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department." "(i) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license in the State of Georgia or holds a driver's license issued by another state, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof." FRIDAY, APRIL 3, 2009 5281 SECTION 13. Said chapter is further amended in Code Section 40-5-82, relating to driver improvement clinics, by revising subsection (e) as follows: "(e) The department shall conduct a records check for any applicant for certification as an operator, director, or instructor of a DUI Alcohol or Drug Use Risk Reduction Program. Each applicant shall submit two sets at least one set of classifiable fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit both sets of the fingerprints to the Georgia Crime Information Center, which shall submit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions. No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents 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." SECTION 14. Said chapter is further amended in Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and programs, by enacting a new subsection (f) as follows: "(f)(1) Each applicant for certification to own or operate a driver improvement clinic shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. (2) No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents 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." SECTION 15. Said chapter is further amended in Code Section 40-5-100, relating to the issuance of 5282 JOURNAL OF THE SENATE identification cards by the department, by revising paragraph (9) of subsection (a), subsection (b), and paragraph (1) of subsection (c) as follows: "(9) Location where the identification card was issued Any other information or design requirement set forth in 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq., if such identification card is intended to be compliant with such requirement;" "(b) The identification card shall be valid for a period of five or ten eight years, at the option of the applicant, and shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number. (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 driver's license from also possessing an identification card issued under this article. Notwithstanding the foregoing, no person may be issued both a driver's license and an identification card that is compliant with the requirements of 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq." SECTION 16. Said chapter is further amended in Code Section 40-5-103, relating to identification card fees, by revising subsection (a) as follows: "(a) Except as provided in Code Section 40-5-21.1 and subsections (b) and (c) of this Code section, the department shall collect a fee of $20.00 for a five-year card and a fee of $35.00 $32.00 for a ten-year an eight-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees." SECTION 17. Said chapter is further amended in Code Section 40-5-120, relating to unlawful use of drivers' licenses or identification cards, by deleting "or" at the end of paragraph (3), deleting the period and inserting "; or" at the end of paragraph (4), and enacting a new paragraph (5) as follows: "(5) Scan another person's driver's license, permit, or identification card without the person's prior knowledge and consent. If a person consents to the scanning of his or her driver's license, permit, or identification card, the information collected may be stored and used for any legitimate purpose. Each unlawful act of storage, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a driver's license, permit, or identification card to verify the contents thereof or to gather information for use for any governmental purpose." SECTION 18. Said chapter is further amended in Code Section 40-5-150, relating to the contents of FRIDAY, APRIL 3, 2009 5283 commercial drivers' licenses, including endorsements and restrictions, by revising paragraph (10) of subsection (a) as follows: "(10) The license fee and fees for any endorsements Any other information or design requirement set forth in 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq., if such identification card is intended to be compliant with such requirement." SECTION 19. Said chapter is further amended in Code Section 40-5-171, relating to the issuance and contents of identification cards for persons with disabilities, by revising subsection (a) and enacting a new subsection (c) as follows: "(a) The department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Location where the identification card was issued Any other information or design requirement set forth in 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq., if such identification card is intended to be compliant with such requirement; (11) Signature of person identified or facsimile thereof; and (12) Such other information as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." "(c) In addition to the information required in subsection (a) of this Code section, identification cards issued to persons with disabilities shall display the international handicapped symbol on a location designated by the department. The department may display the international handicapped symbol on any driver's license or identification card issued pursuant to the provisions of this chapter upon receipt of the required documentation from the person requesting its inclusion." 5284 JOURNAL OF THE SENATE SECTION 20. Said chapter is further amended in Code Section 40-5-173, relating to the format of identification cards for persons with disabilities, by revising said Code section as follows: "40-5-173. The face of the identification card for persons with disabilities shall prominently bear the words 'URGENT MEDICAL INFORMATION ON REVERSE.' wording selected by the department that is indicative of the presence of urgent medical information on the reverse of the card. On the reverse side of the identification card shall be a space within which the issuer of the card department shall enter such medical information as the applicant may request. The department may print the urgent medical indicator and wording on the reverse of any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion." SECTION 21. Said chapter is further amended in Code Section 40-5-174, relating to identification cards for persons with disabilities with special transportation needs, by revising said Code section as follows: "40-5-174. The face of the identification card for persons with disabilities shall bear the word 'TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the card department shall place an 'X' in such box or blank space if the applicant's disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state. The department may print the transportation indicator on any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion." SECTION 22. Said chapter is further amended in Code Section 40-5-175, relating to identification cards for persons with disabilities with special seating needs at public events, by revising said Code section as follows: "40-5-175. The identification card for persons with disabilities shall bear the word 'SEATING' with a box or blank space adjacent thereto. The issuer of the card department shall place an 'X' in such box or blank space if the applicant's disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state. The department may print the priority seating indicator on any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion." FRIDAY, APRIL 3, 2009 5285 SECTION 23. Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, is amended in Code Section 40-13-2.1, relating to signatures required on uniform traffic citations, by enacting a new subsection (c) as follows: "(c) The signature of any person to whom a citation is issued may be captured electronically." SECTION 24. Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, is amended in Code Section 40-16-4, relating to the powers and duties of the commissioner, by adding a new subsection to read as follows: "(f) The department shall have the authority to contract and make cooperative agreements, contracts, and rental agreements with the United States government; any county, municipality, or local government, or any combination thereof; any public or private corporation or firm; or any public authority, agency, commission, or institution, including agencies of state government for the purpose of creating, designing, publishing, or distributing the department's drivers' manual or for the purpose of installing and maintaining closed circuit television systems." SECTION 25. Chapter 12A of Title 43 of the Official Code of Georgia Annotated, relating to ignition interlock device providers, is amended in Code Section 43-12A-6, relating to eligibility to operate an ignition interlock device provider center or to provide, install, or monitor ignition interlock devices, by deleting "and" at the end of paragraph (3), deleting the period and inserting "; or" at the end of subparagraph (B) of paragraph (4), and enacting new paragraphs (5) and (6) as follows: "(5) Shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (6) Shall be a United States citizen, or if not a citizen, present 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." SECTION 26. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors and operators of driver training schools, is amended in Code Section 43-13-4, relating to 5286 JOURNAL OF THE SENATE qualifications of driver training school operators, by deleting "and" at the end of paragraph (5), deleting the period and inserting "; and" at the end of paragraph (6), and enacting new paragraphs (7) and (8) as follows: "(7) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (8) Be a United States citizen, or if not a citizen, present 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." SECTION 27. Said chapter is further amended in Code Section 43-13-5, relating to qualifications for driver training school instructors, by deleting "and" at the end of paragraph (4), deleting the period and inserting "; and" at the end of paragraph (5), and enacting new paragraphs (6) and (7) as follows: "(6) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (7) Be a United States citizen, or if not a citizen, present 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." SECTION 28. Said chapter is further amended in Code Section 43-13-6.1, relating to qualifications for alcohol and drug awareness program instructors, by revising said Code section as follows: "43-13-6.1. (a) The commissioner shall be authorized to issue a special license to the instructor of any driver training school who is qualified to teach the alcohol and drug course FRIDAY, APRIL 3, 2009 5287 prescribed in subsection (b) of Code Section 20-2-142. A driver training school shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. (b) Each applicant shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. (c) The commissioner shall not issue a special license to any applicant unless he or she is a United States citizen, or if not a citizen, he or she presents 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." SECTION 29. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, is amended in Code Section 46-7-85.10, relating to eligibility for a chauffeur's permit, by revising said Code section as follows: "46-7-85.10. In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commissioner of driver services. The applicant must: (1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; and (3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five ten years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation any felony or any other crime of moral turpitude, or a pattern of misdemeanors that evidences a 5288 JOURNAL OF THE SENATE disregard for the law unless he or she has received a pardon and can produce evidence of same. For the purposes of this paragraph, a plea of nolo contendere shall be considered to be a conviction, and a conviction for which a person has been free from custody and free from supervision for at least ten years shall not be considered, unless the conviction is for a sexually violent offense which is contained in Code Section 421-12 or the criminal offense was committed against a victim who was a minor at the time of the offense (B) If at the time of application the applicant is charged with any of the offenses described in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. (C) If after the issuance of a permit a person is charged with any of the offenses described in subparagraph (A) of this paragraph, the permit shall be suspended pending disposition of such charge. If the person is convicted of such charge, the permit shall be revoked. (D) For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction; (4) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (5) Be a United States citizen, or if not a citizen, present 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." SECTION 30. Said chapter is further amended by adding a new Code section to read as follows: "46-7-92. Any carrier subject to the jurisdiction of the commission that transports passengers shall comply with the provisions of paragraph (1) of subsection (a) of Code Section 3-3-23, concerning consumption of alcoholic beverages by persons under the age of 21. The commission shall provide to all carriers under its jurisdiction that transport passengers, at the time of registration or renewal of a certificate, an informational packet emphasizing the prohibition on alcohol consumption by persons under the age of 21 while being transported by the carrier." SECTION 31. This Act shall become effective on January 1, 2010. FRIDAY, APRIL 3, 2009 5289 SECTION 32. All laws and parts of laws in conflict with this Act are repealed. Senators Douglas of the 17th, Staton of the 18th and Williams of the 19th offered the following amendment #1 to the Mullis, Rogers substitute: Amend the substitute to HB 396 (LC 34 2317S) by inserting after "cards;" on line 16 the following: to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to modify certain conditions when such offense shall be treated as a felony offense; By replacing "to provide an effective date;" with "to provide for effective dates and applicability;" on line 27. By redesignating Sections 23 through 32 as Sections 24 through 33, respectively. By inserting after line 481 the following: SECTION 23. Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, is amended by revising subparagraph (b)(5)(A) as follows: "(5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense, other than a violation of this chapter, not expressly provided for in this paragraph: (i) Operates operates his or her vehicle in excess of 30 20 miles an hour above the posted speed limit,; (ii) Strikes strikes or collides with another vehicle or a pedestrian,; (iii) Flees flees in traffic conditions which place the general public at risk of receiving serious injuries,; (iv) Commits a violation of Code Section 40-6-391; or (v) Leaves leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both." By striking line 637 and inserting the following: Section 23 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to offenses committed on or after such date. All other sections of this Act shall become effective on January 1, 2010. On the adoption of the amendment, there were no objections, and the Douglas et al. amendment #1 to the Mullis, Rogers substitute was adopted. 5290 JOURNAL OF THE SENATE Senators Thomas of the 54th, Murphy of the 27th and Douglas of the 17th offered the following amendment #2 to the Mullis, Rogers substitute: Amend the floor substitute to HB 396 by inserting after "To" on line 1 "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; to" and by inserting after "BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:" the following: SECTION .5. 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, and sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or farm vehicles as defined in Code Section 40-2-150 being used by an owner, driver, or occupant 18 years of age or older 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.". SECTION .5A. Notwithstanding any other provision of this Act to the contrary, this section and Section .5 of this Act shall become effective on June 1, 2009. 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 30, nays 5, and the Thomas et al. amendment #2 to the Mullis, Rogers substitute was adopted. On the adoption of the substitute, there were no objections, and the Mullis, Rogers 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 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 Hawkins N Heath Y Henson Y Rogers N Seabaugh Y Seay FRIDAY, APRIL 3, 2009 5291 Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Shafer Y Sims N Smith Y Staton Stoner Y Tarver Y Tate Y Thomas Y 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 3. HB 396, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 82. By Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to change provisions relating to transaction records; to provide for transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to provide for supervision of secondary metals recyclers by counties, municipal corporations, or consolidated governments; to change provisions relating to the superseding nature of the article; to provide for related matters; to repeal conflicting laws; and for other purposes. 5292 JOURNAL OF THE SENATE Senator Wiles of the 37th excused as a conferee. The following bill was taken up to consider House action thereto: SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th: 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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; 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 disagreement to the House amendment to SB 194 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, Chance of the 16th and Rogers of the 21st. The following bill was taken up to consider House action thereto: SB 67. By Senators Murphy of the 27th, Rogers of the 21st, Pearson of the 51st, Mullis of the 53rd, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for certain drivers' licenses, so as to provide that such examinations shall be administered only in the English language; to provide for an exception; 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 provide that examinations for drivers' licenses shall be administered only in the English language; to provide for an exception; to provide for FRIDAY, APRIL 3, 2009 5293 usage of licensed defensive driving courses in pretrial diversion programs; to provide that certificates of completion from unlicensed courses shall not be recognized; 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 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-27, relating to examination of applicants for certain drivers' licenses, by adding a new subsection to read as follows: "(e) All written and oral examinations required pursuant to this Code section shall be administered only in the English language; provided, however, that the department may administer examinations to persons eligible for a temporary license pursuant to Code Section 40-5-21.1 in a language other than English." SECTION 2. Said chapter is further 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 with jurisdiction over misdemeanor traffic law offenses under any pretrial diversion program shall require the offender to complete, at a minimum, a defensive driving course licensed and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed defensive driving courses shall not be recognized for any purposes under this article." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Murphy of the 27th moved that the Senate agree to the House substitute to SB 67. On the motion, a roll call was taken and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Y Bulloch Butler Y Butterworth Chance Y Hawkins N Heath N Henson Y Hill,Jack N Hill,Judson N Hooks N Hudgens N Jackson,L Y Rogers Y Seabaugh N Seay Y Shafer Sims Y Smith Y Staton Stoner 5294 JOURNAL OF THE SENATE Y Chapman N Cowsert Y Crosby Y Douglas N Fort Goggans Golden Y Grant Hamrick N Harbison N Harp Y Jackson,W Y Johnson N Jones Y Moody Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed N Tarver N Tate Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Weber C Wiles Y Williams On the motion, the yeas were 22, nays 22; the motion lost, and the Senate did not agree to the House substitute to SB 67. The following bill was taken up to consider House action thereto: HB 514. By Representatives Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and Burkhalter of the 50th: A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Shafer of the 48th asked unanimous consent that the Senate adhere to its substitute to HB 514 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Hudgens of the 47th, Shafer of the 48th and Hawkins of the 49th. Senator Stoner of the 6th was excused for business outside the Senate Chamber. The following Senators were excused as conferees: Mullis of the 53rd Reed of the 35th The following bill was taken up to consider House action thereto: FRIDAY, APRIL 3, 2009 5295 HB 156. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 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 HB 156 by striking "of more than 21 days in length" on line 17, lines 34 and 35, and lines 50 and 51. Senator Johnson of the 1st moved that the Senate agree to the House amendment to the Senate substitute to HB 156. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Murphy Y Orrock Y Pearson Powell Y Ramsey C Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Tarver Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 156. 5296 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 123. By Senators Hawkins of the 49th, Murphy of the 27th, Hudgens of the 47th, Thomas of the 54th, Williams of the 19th 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 regulation and licensure of pharmacy benefits managers by the Commissioner of Insurance; to provide for definitions; to provide for license requirements and filing fees; to provide for requirements and procedures affecting pharmacy benefits managers; to require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; 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 regulation and licensure of pharmacy benefits managers by the Commissioner of Insurance; to provide for definitions; to provide for license requirements and filing fees; to provide for requirements and procedures affecting pharmacy benefits managers; to require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows: "CHAPTER 64 33-64-1. As used in this chapter, the term: (1) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal FRIDAY, APRIL 3, 2009 5297 entity. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Covered entity' means an employer, labor union, or other group of persons organized in this state that provides health coverage to covered individuals who are employed or reside in this state. (4) 'Covered individual' means a member, participant, enrollee, contract holder, policy holder, or beneficiary of a covered entity who is provided health coverage by a covered entity. (4.1) 'Health system' means a hospital or any other facility or entity owned, operated, or leased by a hospital and a long-term care home. (5) 'Pharmacy benefits management' means the service provided to a health plan or covered entity, directly or through another entity, including the procurement of prescription drugs to be dispensed to patients, or the administration or management of prescription drug benefits, including but not limited to any of the following: (A) Mail service pharmacy; (B) Claims processing, retail network management, or payment of claims to pharmacies for dispensing prescription drugs; (C) Clinical or other formulary or preferred drug list development or management; (D) Negotiation or administration of rebates, discounts, payment differentials, or other incentives for the inclusion of particular prescription drugs in a particular category or to promote the purchase of particular prescription drugs; (E) Patient compliance, therapeutic intervention, or generic substitution programs; and (F) Disease management. (6) 'Pharmacy benefits manager' means a person, business, or other entity that performs pharmacy benefits management for a health plan or covered entity. The term includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a covered entity. The term does not include services provided by pharmacies operating under a hospital pharmacy license. The term also does not include health systems while providing pharmacy services for their patients, employees, or beneficiaries, for indigent care, or for the provision of drugs for outpatient procedures. 33-64-2. (a) No business entity shall act as or hold itself out to be a pharmacy benefits manager in this state, other than an applicant licensed in this state for the kinds of business for which it is acting as a pharmacy benefits manager, unless such business entity holds a license as a pharmacy benefits manager issued by the Commissioner. The license shall be renewed on an annual basis. Failure to hold such license shall subject the pharmacy benefits manager to the fines and other appropriate penalties as provided in Chapter 2 of this title. (b) An application for a pharmacy benefits manager's license or an application for 5298 JOURNAL OF THE SENATE renewal of such license shall be accompanied by a filing fee of $500.00 for an initial license and $400.00 for renewal. (c) A license shall be issued or renewed and shall not be suspended or revoked by the Commissioner unless the Commissioner finds that the applicant for or holder of the license: (1) Has intentionally misrepresented or concealed any material fact in the application for the license; (2) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (3) Has committed fraud; or (4) Has failed to obtain for initial licensure or retain for annual renewal a net worth of at least $200,000.00. (d) If the Commissioner moves to suspend, revoke, or nonrenew a license for a pharmacy benefits manager, the Commissioner shall provide notice of that action to the pharmacy benefits manager and the pharmacy benefits manager may invoke the right to an administrative hearing in accordance with Chapter 2 of this title. (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within five years from the effective date of the revocation or, if judicial review of such revocation is sought, within five years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of its license shall not be deemed a bar to the issuance of a new license. (f) Appeal from any order or decision of the Commissioner made pursuant to this chapter shall be taken as provided in Chapter 2 of this title. (g)(1) The Commissioner shall have the authority to issue a probationary license to any applicant under this title. (2) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. (3) The Commissioner shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period in accordance with rules and regulations. (h) A pharmacy benefits manager's license may not be sold or transferred to a nonaffiliated or otherwise unrelated party. A pharmacy benefits manager may not contract or subcontract any of its negotiated formulary services to any unlicensed nonaffiliated business entity unless a special authorization is approved by the Commissioner prior to entering into a contracted or subcontracted arrangement. (i) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to assess a monetary penalty against any business entity acting as a pharmacy benefits manager without a license of up to $1,000.00 for each transaction in violation of this chapter, unless the business entity knew or reasonably should have known it was in violation of this chapter, in which case the monetary FRIDAY, APRIL 3, 2009 5299 penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation. (j) A licensed pharmacy benefits manager shall not market or administer any insurance product not approved in Georgia or that is issued by a nonadmitted insurer or unauthorized multiple employer self-insured health plan. (k) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any pharmacy benefits manager on probation for a period of time not to exceed one year for each and every act in violation of this chapter and may subject such pharmacy benefits manager to a monetary penalty of up to $1,000.00 for each and every act in violation of this chapter, unless the pharmacy benefits manager knew or reasonably should have known he or she was in violation of this chapter, in which case 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. (l) A pharmacy benefits manager operating as a line of business or affiliate of a health insurer, health care center, hospital service corporation, medical service corporation, or fraternal benefit society licensed in this state or of any affiliate of such health insurer, health care center, hospital service corporation, medical service corporation, or fraternal benefit society shall not be required to obtain a license pursuant to this chapter. Such health insurer, health care center, hospital service corporation, medical service corporation, or fraternal benefit society shall notify the Commissioner annually, in writing, on a form provided by the Commissioner, that it is affiliated with or operating a business as a pharmacy benefits manager. 33-64-3. (a) Every applicant for a pharmacy benefits manager's license shall file with the application and shall thereafter maintain in force a bond in the amount of $100,000.00 in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond shall be established by rules and regulations. (b) The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner. (c) Every applicant for a pharmacy benefits manager's license shall obtain and shall thereafter maintain in force errors and omissions coverage or other appropriate liability insurance, written by an insurer authorized to transact insurance in this state, in an amount of at least $250,000.00. (d) The coverage required in subsection (c) of this Code section shall remain in force for a term of at least one year and shall contain language that includes that the insurer may cancel the insurance upon 60 days' advance notice filed with the Commissioner. Other terms and conditions relating to the errors and omissions policy may be imposed on the applicant in accordance with rules and regulations. (e) In the event a licensed pharmacy benefits manager fails to renew, surrenders, or 5300 JOURNAL OF THE SENATE otherwise terminates its license, it must retain both the bond and the errors and omissions coverage for a period of not less than one year after the licensee has failed to renew, surrendered, or otherwise terminated the license. 33-64-4. No pharmacy benefits manager shall engage in the practice of medicine. 33-64-5. Pharmacy benefits managers, whether licensed pursuant to this chapter or exempt from licensure pursuant to subsection (l) of Code Section 33-64-2, shall be subject to Code Section 26-4-118, 'The Pharmacy Audit Bill of Rights,' to the same extent and in the same manner as pharmacies. 33-64-6. A pharmacy benefits manager licensed pursuant to this chapter shall not be required to obtain a license as an administrator pursuant to Article 2 of Chapter 23 of Title 33 to perform any function as a pharmacy benefits manager pursuant to this chapter. 33-64-7. The Commissioner may not enlarge upon or extend the provisions of this chapter through any act, rule, or regulation." SECTION 2. 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 123. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S FRIDAY, APRIL 3, 2009 5301 Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Murphy Y Orrock Y Pearson Powell Y Ramsey C Reed Y Tolleson Y Unterman Y Weber C 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 123. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; 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 Levitas of the 82nd, Jacobs of the 80th, and Ralston of the 7th. 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 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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, 5302 JOURNAL OF THE SENATE so as to change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; 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 Wilkinson of the 52nd, Scott of the 153rd, and Roberts of the 154th. The following bill was taken up to consider House action thereto: HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Hamrick of the 30th asked unanimous consent that the Senate adhere to its substitute to HB 16 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Hamrick of the 30th, Hill of the 32nd and Smith of the 52nd. Senator Chance of the 16th was excused as a conferee. Senator Balfour of the 9th asked unanimous consent that HB 321, having been placed on the Table on Wednesday, April 1, 2009, be taken from the Table. The consent was granted, and HB 321 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 321, having been taken from the Table, was put upon its passage. HB 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th: A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness FRIDAY, APRIL 3, 2009 5303 insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hudgens of the 47th. The Senate Insurance and Labor Committee offered the following substitute to HB 321: 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 changes in the definitions of the terms "group accident and sickness insurance" and "true association"; to provide a short title; to provide certain definitions; to include plan administrators in prompt pay requirements; to provide for penalties; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Insurance Delivery Enhancement Act of 2009." SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraphs (2) and (3) of subsection (a) of Code Section 33-30-1 as follows: "(2) Under a policy issued to an association, including a labor union, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 10 members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. As used in this paragraph, the term 'employees' may include retired employees; (3) Under a policy issued to the trustees of a fund established by two or more employers in the same industry, by one or more labor unions, by one or more employers and one or more labor unions, or by an association, as defined in paragraph (2) of this Code section, which trustees shall be deemed the policyholder, to insure not less than 25 10 employees of the employers or members of the union or of such association or of members of such association for the benefit of persons other than the employers or other unions or such associations. As used in this paragraph, the term 'employees' includes the officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership. The term may include retired employees. The policy may provide that 5304 JOURNAL OF THE SENATE the term 'employees' shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship;" SECTION 3. Said title is further amended by revising subparagraph (a)(7)(A) of Code Section 33-30-1 as follows: "(7)(A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, individuals whose compensation is reported on federal Internal Revenue Service Form 1099, and their spouses or dependents. The term does shall not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement." SECTION 4. Said title is further amended by revising Code Section 33-23-100, relating to the definition of administrator, as follows: "33-23-100. (a) As used in this article, the term: (1) 'Administrator' means any business entity that, directly or indirectly, collects charges, fees, or premiums; adjusts or settles claims, including investigating or examining claims or receiving, disbursing, handling, or otherwise being responsible for claim funds; and or provides underwriting or precertification and preauthorization of hospitalizations or medical treatments for residents of this state for or on behalf of any insurer, including business entities that act on behalf of multiple a single or multiple employer self-insurance health plans, and plan or a self-insured municipalities municipality or other political subdivisions subdivision. Licensure is also required for administrators who act on behalf of self-insured plans providing workers' compensation benefits pursuant to Chapter 9 of Title 34. For purposes of this article, each activity undertaken by the administrator on behalf of an insurer or the client of the administrator is considered a transaction and is subject to the provisions of this title. (2) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (3) 'Standard financial quarter' means a three-month period ending on March 31, June 30, September 30, or December 31 of any calendar year. (b) Notwithstanding the provisions of subsection (a) of this Code section, the following are exempt from licensure as so long as such entities are acting directly through their officers and employees: (1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer; FRIDAY, APRIL 3, 2009 5305 (2) A union on behalf of its members; (3) An insurance company licensed in this state or its affiliate unless the affiliate administrator is placing business with a nonaffiliate insurer not licensed in this state; (4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance; (5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance; (6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors; (7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder; (8) A trust exempt from taxation under Section 501(a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401(f) of the Internal Revenue Code; (9) A bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities; (10) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided that such company does not adjust or settle claims; (11) A person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities; (12) A business entity that acts solely as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization, or both, for whom the insurance laws of this state are preempted pursuant to the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. An insurance company licensed in this state or its affiliate if such insurance company or its affiliate is solely administering limited benefit insurance. For the purpose of this paragraph, the term 'limited benefit insurance' means accident or sickness insurance designed, advertised, and marketed to supplement major medical insurance, specifically: accident only, CHAMPUS supplement, disability income, fixed indemnity, long-term care, or specified disease; or (13) An association that administers workers' compensation claims solely on behalf of its members. (c) A business entity claiming an exemption shall submit an exemption notice on a form provided by the Commissioner. This form must be signed by an officer of the company and submitted to the department by December 31 of the year prior to the year for which an exemption is to be claimed. Such exemption notice shall be updated in writing within 30 days if the basis for such exemption changes. An administrator claiming an exemption pursuant to paragraphs (3) and (4) of subsection (b) of this Code section shall be subject to the provisions of Code Sections 33-24-59.5 and 33-24-59.13. 5306 JOURNAL OF THE SENATE (d) Obtaining a license as an administrator does not exempt the applicant from other licensing requirements under this title. (e) Obtaining a license as an administrator subjects the applicant to the provisions of Code Sections 33-24-59.5 and 33-24-59.13. (f) An administrator shall be subject to Code Sections 33-24-59.5 and 33-24-59.13 unless the administrator provides sufficient evidence that the self-insured health plan failed to properly fund the plan to allow the administrator to pay any outside claim." SECTION 5. Said title is further amended by revising Code Section 33-24-59.5, relating to timely payment of health benefits, as follows: "33-24-59.5. (a) As used in this Code section, the term: (1) 'Benefits' means the coverages provided by a health benefit plan for financing or delivery of health care goods or services; but such term does not include capitated payment arrangements under managed care plans. (2) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any dental or vision care plan or policy, or managed care plan or self-insured plan; but health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; or Chapter 9 of Title 34, relating to workers' compensation. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45 or any other administrator as defined in paragraph (1) of subsection (a) of Code Section 33-23-100. (b)(1) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such insurer's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send electronically to the insured or other person claiming payments under the plan payment for such benefits or a letter or electronic notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being FRIDAY, APRIL 3, 2009 5307 paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim has been received by the insurer, the insurer shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the insured or other person claiming payments under the plan the insurer's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administrates or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer shall pay to the insured or other person claiming payments under the health benefit plan interest equal to 18 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator." SECTION 6. Said title is further amended in Article 1 of Chapter 24, relating to general provisions concerning insurance, by adding a new Code section to read as follows: "33-24-59.13. (a) As used in this Code section, the term: (1) 'Administrator' shall have the same meaning as provided in Code Section 33-23100. (2) 'Benefits' shall have the same meaning as provided in Code Section 33-24-59.5. (3) 'Facility' shall have the same meaning as provided in Code Section 33-20A-3. (4) 'Health benefit plan' shall have the same meaning as provided in Code Section 3324-59.5. (5) 'Health care provider' shall have the same meaning as provided in Code Section 33-20A-3. (6) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity, which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. (b)(1) All benefits under a health benefit plan will be payable by the insurer or 5308 JOURNAL OF THE SENATE administrator which is obligated to finance or deliver health care services or process claims under that plan upon such insurer's or administrator's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer or administrator shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send electronically to the facility or health care provider claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer or administrator may have for failing to pay the claim, either in whole or in part, and which also gives the facility or health care provider so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer or administrator disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer or administrator in accordance with this chapter. When all of the listed documents or other information needed to process the claim have been received by the insurer or administrator, the insurer or administrator shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the facility or health care provider claiming payments under the plan the insurer's or administrator's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administers or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer or administrator shall pay to the facility or health care provider claiming payments under the health benefit plan interest equal to 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer or administrator may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer or administrator processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator." SECTION 7. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective on July 1, 2009. (b) Sections 4, 5, and 6 of this Act shall become effective January 1, 2011. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, APRIL 3, 2009 5309 Senator Hill of the 32nd offered the following amendment #1 to the committee substitute: Amend the Senate Insurance and Labor Committee substitute to HB 321 (LC 37 0933S) by inserting after "penalties;" on line 4 "to provide that an insured under a group accident and sickness policy may include dependents up to age 25;"; by redesignating Sections 7 and 8 as Sections 9 and 10, respectively; and by inserting after line 225 the following: SECTION 7. Said title is further amended by revising paragraph (4) of Code Section 33-30-4, relating to required provisions of group accident and sickness policies generally, as follows: "(4) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured up to and including age 25 so long as the coverage of the member continues in effect, and the child remains a dependent of the insured parent or guardian, and the child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five calendar months or more as a full-time student at a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury. This paragraph shall not apply to group policies under which an employer provides coverage for dependents of its employees and pays the entire cost of the coverage without any charge to the employee or dependents; and". SECTION 8. Said title is further amended by revising paragraph (8) of subsection (b) of Code Section 33-30-6, relating to required provisions of blanket accident and sickness policies, as follows: "(8) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured up to and including age 25 so long as the coverage of the insured parent or guardian continues in effect, and the child remains a dependent of the parent or guardian, and the child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five months or more as a full-time student at a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury." Senator Hill of the 32nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hill of the 32nd amendment #1 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. 5310 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 N Balfour Y Brown Y Buckner N Bulloch Y Butler Y Butterworth C Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey C Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Y Williams On the passage of the bill, the yeas were 45, nays 4. HB 321, having received the requisite constitutional majority, was passed by substitute. Senator Tommie Williams, President Pro Tempore, assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Crosby of the 13th The following bill was taken up to consider the Conference Committee Report thereto: SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, FRIDAY, APRIL 3, 2009 5311 exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; 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 178 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 178 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Weber of the 40th /s/ Senator Moody of the 56th /s/ Representative Coleman of the 97th /s/ Representative Millar of the 79th /s/ Representative Casas of the 103rd COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 178 A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for enrollment counts for students in certain dual enrollment programs; to provide for requirements for weighting of students in certain dual enrollment courses under the Quality Basic Education Formula; to temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to develop programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for definitions; to provide for the development of focused programs of study; to provide for model programs for students at risk of dropping out of 5312 JOURNAL OF THE SENATE high school; to train school counselors and graduation coaches to provide for educational counseling and career awareness programs for students; to establish a reform grant program; to require local school systems which receive a reform grant to comply with certain requirements; to provide for high school completion rate goals in the state accountability system; to provide for rules and regulations; to provide for legislative intent; to provide for exemptions from certain portions of the high school graduation test and end-of-course assessments; 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 revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program, as follows: "(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may be counted for the high school program for FRIDAY, APRIL 3, 2009 5313 only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. A student who is enrolled in a dual enrollment program other than as established in Code Section 20-2161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement provides for cost sharing and has been approved by the State Board of Education. The State Board of Education shall establish, no later than September 1, 2009, a funding code to enable such count which shall be no less than 50 percent of the program weight for the appropriate instructional program for such student as established pursuant to Code Section 20-2-161. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date." SECTION 2. Said title is further amended in Code Section 20-2-161, relating to the Quality Basic Education Formula, by adding a new subsection to read as follows: "(c.1) For purposes of calculating the annual allotment of funds to each local school system, a student who is enrolled in a dual enrollment program other than as established in Code Section 20-2-161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement provides for cost sharing and has been approved by the State Board of Education. The State Board of Education and the Governor's Office of Planning and Budget shall establish, no later than September 1, 2009, a funding code to enable such count which shall be no less than 50 percent of the program weight for the appropriate instructional program for such student as established pursuant to Code Section 20-2-161." SECTION 3. Said title is further amended by revising subsection (h) of Code Section 20-2-260, relating to capital outlay funds generally, as follows: "(h) A local school system may receive state capital outlay funds for one construction 5314 JOURNAL OF THE SENATE project under the advance funding category to meet educational facilities needs due to the following: (1) Extraordinary growth of student population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding: (A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section; (C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met. This subsection shall be automatically repealed on June 30, 2011." SECTION 4. Said title is further amended in Code Section 20-2-260, relating to capital outlay funds generally, by adding a new paragraph to subsection (j) to read as follows: "(7) This subsection shall be automatically repealed on June 30, 2011." SECTION 5. Said title is further amended in Code Section 20-2-262, relating to low-wealth capital outlay grants to local school systems, by adding a new subsection to read as follows: "(e) This Code section shall be automatically repealed on June 30, 2011." SECTION 6. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing FRIDAY, APRIL 3, 2009 5315 Section 1 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 21 of such Act in its entirety. SECTION 7. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 2 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 23 of such Act in its entirety. (3) An Act approved April 22, 1999 (Ga. L. 1999, p. 400), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: "SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2002." SECTION 8. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, by adding a new subsection to read as follows: "(f)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to direct instructional costs, media center costs, and staff and professional development costs shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010." SECTION 9. Said title is further amended by revising Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows: "20-2-184.1. (a) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of 5316 JOURNAL OF THE SENATE subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds. (b)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to additional days of instruction shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010." SECTION 10. Said title is further amended by adding a new part to read as follows: "Part 16 20-2-325. This part shall be known and may be cited as the 'Building Resourceful Individuals to Develop Georgia's Economy Act.' 20-2-326. For purposes of this part, the term: (1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) 'Career academy' means a specialized charter school established by a partnership between one or more local boards of education and a technical school or college and FRIDAY, APRIL 3, 2009 5317 approved by the State Board of Education in accordance with Article 31 of this chapter or the Georgia Charter Schools Commission in accordance with Article 31A of this chapter. This term also includes a small learning community where a student receives academic instruction at his or her assigned high school combined with work based learning opportunities at an industry center or technical school or college. (3) 'Choice technical high school' means a high school, other than the high school to which a student is assigned by virtue of his or her residence and attendance zone, which is designed to prepare a high school student for postsecondary education and for employment in a career field. A choice technical high school may be operated by a local school system or a technical school or college. A choice technical high school may also be operated as a charter school under a governance board composed of parents, employers, and representatives from the local board of education. (4) 'Chronically low-performing high school' means a public high school in this state with a graduation rate less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data or that has not made adequate yearly progress for three consecutive years, as defined by the Office of Student Achievement. (5) 'Focused program of study' means a rigorous academic core combined with either a focus in mathematics and science; a focus in humanities, fine arts, and foreign language; or a coherent sequence of career pathway courses that is aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, that prepares a student for postsecondary education or immediate employment after high school graduation, and that is in accordance with the requirements of paragraph (1) of Code Section 20-2328. (6) 'Graduation plan' means a student specific plan developed in accordance with paragraph (7) of subsection (a) of Code Section 20-2-327 detailing the courses necessary for a high school student to graduate from high school and to successfully transition to postsecondary education and the work force. (7) 'Industry certification' means a process of program evaluation that ensures that individual programs meet industry standards in the areas of curriculum, teacher qualification, lab specifications, equipment, and industry involvement. (8) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (9) 'Small learning community' means an autonomous or semiautonomous small learning environment within a large high school which is made up of a subset of students and teachers for a two, three, or four-year period. The goal of a small learning community is to achieve greater personalization of learning with each community led by a principal or instructional leader. A small learning community blends academic studies around a broad career or academic theme where teachers have common planning time to connect teacher assignments and assessments to 5318 JOURNAL OF THE SENATE college and career readiness standards. Students voluntarily apply for enrollment in a small learning community but must be accepted and such enrollment must be approved by the student's parent or guardian. A small learning community also includes a career academy organized around a specific career theme which integrates academic and career instruction, provides work-based learning opportunities, and prepares students for postsecondary education and employment, with support through partnerships with local employers, community organizations, and postsecondary institutions. (10) 'Technical school or college' means a school, college, institution, or other branch of the Technical College System of Georgia. 20-2-327. (a)(1) The Department of Education shall develop focused programs of study in high demand, high skill, and high wage academic and career fields in accordance with a phase-in schedule as determined by the state board. (2) Focused programs of study may include, but are not limited to: (A) Aerospace; (B) Health care and elderly care; (C) Agribusiness; (D) Life science; (E) Energy and environmental; (F) Logistics and transportation; (G) Information and technology; (H) Teacher education training; (I) Technology and engineering; (J) Science and mathematics; and (K) Humanities and fine arts. (3) The department shall include in the focused programs of study the flexibility for a student to pursue courses at the school of attendance, at a technical school or college, at a public college or university, at a work site under an apprenticeship cooperative education program, and at other settings approved by the State Board of Education, as appropriate. (4) For each focused program of study identified pursuant to this subsection, the department shall convene a committee which includes high school teachers; school counselors; representatives from the Board of Regents of the University System of Georgia, the Technical College System of Georgia, the Governor's Office of Workforce Development, and employers; and others as deemed appropriate by the department. These committees shall develop and recommend a focused program of study which blends academic and technical content developed around college and career readiness standards with real world problems and projects for students. Recommendations shall include state-wide articulation and dual enrollment courses between local school systems and postsecondary institutions to provide seamless pathways for adequately prepared high school students to move directly into FRIDAY, APRIL 3, 2009 5319 postsecondary education. The committees shall develop measures to certify equivalency in content and rigor for all state-wide articulation and dual enrollment courses and shall follow related policies and procedures established by the Department of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education for awarding articulation and dual enrollment credit which shall be based on students qualifying to enroll in credit bearing postsecondary courses. (5) Student performance at the advanced proficiency/honors level on any assessments required for purposes of high school graduation shall be recognized as: (1) meeting postsecondary entrance test requirements, and (2) qualifying students to enroll in credit-bearing postsecondary course work in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (6) Secondary and postsecondary credit shall be awarded immediately upon successful completion of any articulated or dual enrollment course in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (7) Beginning with the 2009-2010 school year, students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest inventories, and information to assist them in evaluating their academic skills and career interests. Before the end of the second semester of the eighth grade, students shall select a preferred focused program of study and develop an individual graduation plan in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment. An individual graduation plan shall: (A) Include rigorous academic core subjects and focused course work in mathematics and science or in humanities, fine arts, and foreign language or sequenced career pathway course work; (B) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (C) Align educational and broad career goals and a student's course of study; (D) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (E) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (F) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (G) Be flexible to allow change in the course of study but be sufficiently structured 5320 JOURNAL OF THE SENATE to meet graduation requirements and qualify the student for admission to postsecondary education; and (H) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (8) The Department of Education shall provide training for school counselors and graduation coaches about high demand, high skill, and high wage opportunities for bachelor's degrees, associate's degrees, and certificates, how a combination of rigorous academic and technical courses can prepare students for these fields, and how to organize a teacher adviser system that engages teachers in working with a core group of students and their parents or guardians in setting goals, identifying individual programs of study, and establishing individual graduation plans to achieve those goals. The plan shall include strategies for school counselors, graduation coaches, and teacher advisers to effectively involve parents or guardians in the educational and career guidance process and in the development of individual graduation plans. Upon request by any local school system, training may be given to school counselors and graduation coaches in any middle or high school. (9) No later than July 1, 2011, the State Board of Education, in collaboration with the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall establish a process for certifying all focused programs of study receiving state funds by using national certifying agencies where they exist and developing state industry-certifying panels in career pathways where no national certifying agency exists. The certification process shall, at a minimum, validate that a program of study curriculum meets industry standards where applicable, that its teachers hold current industry certification where applicable, and that its facilities, equipment, and software are adequate to teach the curriculum. (b)(1) The State Board of Education shall develop an evidence based model program for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) of this Code section for addressing at-risk students, which shall include various programs and curricula proven to be effective for at-risk students focusing on: (A) Identification of students at risk for being poorly prepared for the next grade level or for dropping out of school; (B) Strengthening retention of ninth grade students in school and reducing high failure rates; (C) Improving more student performance to grade level standards in reading and mathematics by the end of ninth grade; (D) Assisting students and their parents or guardians in setting an outcome career and educational goal and identifying a focused program of study to achieve such goal; and (E) Assisting students in learning and applying study skills, coping skills, and other habits that produce successful students and adults. (2) The at-risk model program shall include: (A) Diagnostic assessments to identify strengths and weaknesses in the core academic areas; FRIDAY, APRIL 3, 2009 5321 (B) A process for identifying these students, closely monitored by the Department of Education in collaboration with local school systems to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented; and (C) An evaluation component in each high school to ensure the programs are providing students an opportunity to graduate with a high school diploma. (3) The at-risk model program may include various components designed to result in more students facilitating a successful start in high school and passing ninth grade such as: (A) Utilizing a flexible schedule that increases students' time in core language arts/reading and mathematics studies designed to eliminate academic deficiencies; (B) Maintaining a student-teacher ratio in ninth grade that is no higher than any other grade level ratio in high school; (C) Utilizing experienced and effective teachers as leaders for teacher teams in ninth grade to improve instructional planning, delivery, and re-teaching strategies; (D) Assigning students to a teacher mentor who will meet with them frequently to provide planned lessons on study skills and other habits of success that help students become independent learners and who will help them receive the assistance they need to successfully pass ninth grade; and (E) Including ninth grade career courses which incorporate a series of miniprojects throughout the school year that require the application of ninth grade level reading, mathematics, and science skills to complete while students learn to use a range of technology and help students explore a range of educational and career options that will assist them in formulating post high school goals and give them a reason to stay in school and work toward achieving their stated goals. (c) No later than July 1, 2010, the State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) of this Code section to make the high schools more relevant to and effective for all students. Such rules shall encourage high schools to implement a comprehensive school reform research based model that focuses on: (1) Setting high expectations for all students; (2) Personalizing graduation plans for students; (3) Developing small learning communities or career academies with a rigorous academic foundation and emphasis in broad career fields of study; (4) Using project based instruction embedded with strong academics to improve relevancy in learning; (5) Fostering collaboration among academic and career/technical teachers; (6) Implementing nontraditional scheduling in ninth grade for students behind in their grade level; (7) Promoting parental involvement; and (8) Training teachers to work with low-performing students and their parents or guardians. (d) Subject to appropriations by the General Assembly, the State Board of Education 5322 JOURNAL OF THE SENATE shall establish a competitive grant program for local school systems to implement school reform measures in selected high schools pursuant to this part. The state board shall establish program requirements in accordance with the provisions of this part and shall establish grant criteria, which shall include that priority for reform grants shall be given to chronically low-performing high schools. 20-2-328. High schools that receive a reform grant pursuant to subsection (d) of Code Section 202-327 shall: (1) Provide focused programs of study which are designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and selfdiscipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life. The focused programs of study, whether provided at a choice technical high school, a career academy, a traditional high school, or on site at a technical school or college or a public college or university, shall be aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, which shall include, at a minimum, four years of mathematics, Algebra I and higher, and four years of English, with an emphasis on developing reading and writing skills to meet college and career readiness standards; (2) Implement a teacher adviser system where an individual professional educator in the school assists a small group of students and their parents or guardians throughout the students' high school careers to set postsecondary goals and help them prepare programs of study, utilizing assessments and other data to track academic progress on a regular basis; communicates frequently with parents or guardians; and provides advisement, support, and encouragement as needed; (3) Provide students in the ninth through twelfth grades information on educational programs offered in high school, in technical and community colleges, in colleges and universities, and through apprenticeship programs and how these programs can lead to a variety of career fields. Local school systems shall provide opportunities for field trips, speakers, educational and career information centers, job shadowing, and classroom centers to assist students and their parents or guardians, with guidance from school counselors and teacher advisers, in revising, if appropriate, the individual graduation plan developed pursuant to paragraph (7) of subsection (a) of Code Section 20-2-327; (4) Enroll students no later than ninth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career which will include a structured program of academic study with in-depth studies in: (A) Mathematics and science; (B) Humanities, fine arts, and foreign language; or (C) A career pathway that leads to passing an employer certification exam in a high demand, high skill, or high wage career field or to an associate's degree or FRIDAY, APRIL 3, 2009 5323 bachelor's degree. The awarding of a special education diploma to any disabled student who has not completed all of the requirements for a high school diploma, but who has completed his or her Individualized Education Program (IEP) shall be deemed to meet the requirements of this paragraph; (5) Implement the at-risk model program developed by the State Board of Education pursuant to paragraph (1) of subsection (b) of Code Section 20-2-327; (6) Comply with the rules and regulations promulgated by the State Board of Education for chronically low-performing high schools pursuant to subsection (c) of Code Section 20-2-327; and (7) Schedule annual conferences to assist parents or guardians and their children in setting educational and career goals and creating individual graduation plans beginning with students in the eighth grade and continuing through high school. These conferences shall include, but are not limited to, assisting the student in identifying educational and career interests and goals, selecting a career and academic focus area, and developing an individual graduation plan. 20-2-329. No later than July 1, 2010, the Office of Student Achievement shall include in the accountability system provided for in Part 3 of Article 2 of Chapter 14 of this title emphasis on improving student achievement and increasing high school graduation rates, with the goal of having all public high schools in Georgia reach at least a 90 percent high school completion rate, which shall include completion by the end of the summer following a student's senior year, by July 1, 2020, with annual incremental targets. 20-2-329.1. (a) An individual graduation plan shall be reviewed annually, and revised, if appropriate, upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (b) An individual graduation plan may be changed at any time throughout a student's high school career upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. 20-2-329.2. The State Board of Education shall promulgate rules and regulations necessary to carry out the provisions of this part. 20-2-329.3. It is the intent of the General Assembly that it is strongly discouraged that this part be waived by the State Board of Education pursuant to Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065." 5324 JOURNAL OF THE SENATE SECTION 11. Said title is further amended in Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by adding a new subsection to read as follows: "(q) The State Board of Education shall consider the passage by a student of an employer or industry certification examination or a state licensure examination which is approved by the State Board of Education when considering whether to grant such student a variance for one or more portions of the high school graduation test required by the State Board of Education pursuant to subsection (a) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test at least three times." SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. Senator Weber of the 40th moved that the Senate adopt the Conference Committee Report on SB 178. On the motion, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Buckner Y Bulloch N Butler Y Butterworth C Chance Y Chapman Y Cowsert E Crosby 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,L Y Jackson,W Johnson Y Jones Y Moody C Mullis Y Murphy N Orrock Y Pearson Powell Ramsey C Reed Y Rogers E Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams (PRS) FRIDAY, APRIL 3, 2009 5325 On the motion, the yeas were 39, nays 5; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 178. Senator Smith of the 52nd was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; 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 SB 168 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 168 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Unterman of the 45th /s/ Senator Johnson of the 1st /s/ Senator Hooks of the 14th /s/ Representative Wilkinson of the 52nd /s/ Representative Scott of the 153rd /s/ Representative Roberts of the 154th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 168 A BILL TO BE ENTITLED AN ACT To revise provisions relating to ethics and campaign finance; to change provisions relating to the powers and duties of the State Ethics Commission; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to prohibitions against campaign contributions by regulated entities to their elected regulators; to revise provisions relating to contributions by officers and employees of regulated entities; to require disclosure report identification of contributions by officers and employees; to prohibit elected regulators from soliciting 5326 JOURNAL OF THE SENATE contributions from officers and employees; to change certain provisions regarding filing campaign disclosure reports and financial disclosure reports; to eliminate duplicate copy filing of certain disclosure reports with county election superintendents; to provide that electronic filing shall constitute an affirmation that a report is true, complete, and correct and that no written affirmation shall be required for electronic filings; to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to provide for certain reports with respect to members failing to file tax returns or in default on tax payments; 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 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended in Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, by revising paragraphs (7) and (8) of subsection (a) as follows: "(7) To adopt in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such rules and regulations as are necessary to carry out the purposes of specifically authorized in this chapter; and (8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the powers granted specifically authorized to it in this chapter." SECTION 2. Said chapter is further amended in Code Section 21-5-30.1, relating to prohibited contributions by regulated entities to elected executive officers or candidates, by revising subsection (d) as follows: "(d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by a regulated entity, including a person in whose name a license or lease is held, or who is an officer of a regulated entity from voluntarily making a campaign contribution from that person's personal funds to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate; provided, however, that: (1) The elected executive officer or candidate receiving one or more campaign contributions described in this subsection shall in his or her disclosure report under Code Section 21-5-34 separately identify each contribution and the total of contributions which he or she knows or should have reason to know are described in this subsection; (2) It shall be unlawful and a violation of this Code section for any regulated entity or other person elected executive officer to require another by coercive action to make any such contribution." FRIDAY, APRIL 3, 2009 5327 SECTION 3. Said chapter is further amended in Code Section 21-5-34, relating to disclosure reports, by revising subparagraph (a)(1)(A) and the introductory language of subsection (e) 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 candidate's campaign committee shall file such candidate's reports with the commission and a copy of such report with the election superintendent of the county of such candidate's residence." "(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons shall not be required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements:" SECTION 4. Said chapter is further amended in Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, by revising subsection (e) as follows: "(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the filer shall only submit to the commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed. The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct." SECTION 5. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates, by revising subsection (e) as follows: "(e) Where the financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are filed electronically, the public officer, as that term is 5328 JOURNAL OF THE SENATE defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, shall file a notarized affidavit certifying that the electronic filing is correct and no paper copy of the financial disclosure statement shall be required to be filed. The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct." SECTION 6. Said chapter is further amended by revising Code Section 21-5-51, relating to verification of financial disclosure statements, and Code Section 21-5-52, relating to mail filing of financial disclosure statements, as follows: "21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths, unless filed electronically in which case the electronic filing shall constitute an affirmation that the statement is true, complete, and correct. 21-5-52. (a) The mailing of the notarized financial disclosure affidavit by United States mail, with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie proof of filing when the disclosure statement is not filed electronically. (b) It shall be the duty of the commission or any other officer or body which receives for filing any document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due." SECTION 7. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, is amended by adding a new Code section to read as follows: "28-1-8. (a) The state revenue commissioner shall be required to report to the chairperson of the Senate Ethics Committee the name of any Senator who has not filed a Georgia personal income tax return required by law to be filed by the Senator or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. The state revenue commissioner shall be required to report to the chairperson of the House Committee on Ethics the name of any Representative who has not filed a Georgia personal income tax return required by law to be filed by the Representative or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. (b) The state revenue commissioner shall give written notice by registered or certified mail, return receipt requested, or statutory overnight delivery of any report under this FRIDAY, APRIL 3, 2009 5329 Code section to the member of the General Assembly who is to be named at least 30 days prior to making such report. (c) Upon receipt of a report under this Code section, the chairperson of the committee to whom the report is made shall undertake an appropriate investigation of the matter and report the findings of the investigation to the presiding officer of his or her chamber. (d) Nothing in this Code section shall apply with respect to a tax return for which the taxpayer has timely applied for and received an unexpired extension of time to file. (e) The provisions of this Code section shall control over the provisions of Code Section 48-7-60 or any other law relating to confidential treatment of state income tax return information." SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th moved that the Senate adopt the Conference Committee Report on SB 168. On the motion, a roll call was taken, and the vote was as follows: E Adelman Y Balfour N Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert E Crosby Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Powell Ramsey C Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims E Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams (PRS) 5330 JOURNAL OF THE SENATE On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 168. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; 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 86. By Senators Staton of the 18th, Butterworth of the 50th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of proof of citizenship; to provide for retention of such information; 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 3, 2009 5331 To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that persons applying to register to vote shall provide evidence of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of evidence of citizenship; to provide for retention of such information; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by adding a new subsection to Code Section 21-2-216, relating to qualifications of electors generally, to read as follows: "(g)(1) On and after January 1, 2010, an application for registration under this chapter shall be accompanied by satisfactory evidence of United States citizenship. Upon the receipt of an application without satisfactory evidence of citizenship, the board of registrars shall notify the applicant in writing of the requirement to provide satisfactory evidence of citizenship. The board of registrars shall not determine the eligibility of the applicant until and unless satisfactory evidence of citizenship is supplied by the applicant. If the initial application is received without satisfactory evidence of citizenship prior to the close of voter registration preceding an election, but the applicant supplies satisfactory evidence of citizenship on or prior to the date of such election and the applicant is found eligible to vote, the applicant shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that those electors who register to vote for the first time in this state by mail also shall supply current and valid identification as required in subsection (c) of Code Section 21-2-220. In the event the applicant does not respond to the request for the missing information within 30 days following the sending of notification to provide satisfactory evidence of citizenship, the application shall be rejected. (2) Satisfactory evidence of citizenship shall include any of the following: (A) The number of the applicant's Georgia driver's license or identification card issued by the Department of Driver Services if the applicant has provided satisfactory evidence of United States citizenship to the Department of Driver Services or a legible photocopy of the applicant's driver's license or identification card issued by an equivalent government agency of another state if the agency indicates on the driver's license or identification card that the applicant has provided satisfactory evidence of United States citizenship to the agency; (B) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars; (C) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the board of registrars of the applicant's United States passport; 5332 JOURNAL OF THE SENATE (D) A presentation to the board of registrars of the applicant's United States naturalization documents or the alien registration number from the applicant's naturalization documents. If only the applicant's alien registration number is provided, the applicant shall not be found eligible to vote until the applicant's alien registration number is verified with the United States Citizenship and Immigration Services by the board of registrars; (E) Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986 (P. L. 99-603); (F) The applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number; and (G) For residents of this state who are United States citizens but are not in possession of any of the documents or methods of proof enumerated under subparagraphs (A) through (F) of this paragraph, other documents or methods of proof for establishing evidence of United States citizenship which shall be promulgated by rule and regulation of the State Election Board. (3) Notwithstanding any provision of this subsection, any person who is registered in this state on December 31, 2009, shall be deemed to have provided satisfactory evidence of citizenship and shall not be required to submit evidence of citizenship. (4) After citizenship has been demonstrated to a board of registrars, an elector shall not be required to resubmit satisfactory evidence of citizenship in that or any other county in this state so long as the person continuously remains an elector of this state. (5) For the purposes of this subsection, proof of voter registration from another state shall not be satisfactory evidence of citizenship. (6) After a person has submitted satisfactory evidence of citizenship, the board of registrars shall indicate such information on the elector's voter registration record. After two years, the board of registrars may destroy all documents that were submitted as evidence of citizenship. (7) The Secretary of State shall establish procedures to match an applicant's voter registration information to the information contained in the data base maintained by the Department of Driver Services for the verification of the accuracy of the information provided on the application for voter registration, including whether the applicant has provided satisfactory evidence of United States citizenship." 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 86. On the motion, a roll call was taken and the vote was as follows: E Adelman Y Balfour N Brown Y Hawkins Y Heath N Henson Y Rogers Y Seabaugh N Seay FRIDAY, APRIL 3, 2009 5333 N Buckner Y Bulloch N Butler Y Butterworth Y Chance Chapman Y Cowsert E Crosby Douglas Fort Y Goggans Golden Y Grant Y Hamrick N Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson N Jones Y Moody C Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Shafer N Sims E Smith Y Staton E Stoner N Tarver N Tate Y Thomas Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams (PRS) On the motion, the yeas were 30, nays 13; the motion prevailed, and the Senate agreed to the House substitute to SB 86. The following bill was taken up to consider House action thereto: SB 280. By Senator Brown of the 26th: A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to change the procedure for choosing members of such authority; to provide for terms for such members; to provide for certain billing cycles; to eliminate certain excises; to provide for the elimination of certain compensation plans; 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 an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to provide for terms for such members; to provide for federal preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes. 5334 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), is amended by revising subsection (c) of Section 2 as follows: "(c)(1) In the 2012 general election, candidates shall be elected from Districts 2 and 3 and serve for terms of four years thereafter. In the 2014 general election candidates shall be elected from Districts 1, 4, and 5. Candidates elected from such districts shall take office on the first day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors to the elected members of the authority shall be elected in the general election conducted immediately prior to the expiration of the term of office for which they offer as candidates, shall take office on the first day of January following their election, and shall serve for terms of office of four years and until the election and qualification of their successors. Members of the authority from the City of Macon and Bibb County shall be appointed by the respective appointing body or official, and such members shall serve on the authority at the pleasure of each appointing body or official and only so long as they are members of the respective appointing body. (2) The members of the authority in office on the effective date of this Act shall continue in office until the expiration of the terms for which they are serving on the effective date of this Act." SECTION 2. The Macon-Bibb County Water and Sewage Authority shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Brown of the 26th moved that the Senate agree to the House substitute to SB 280. On the motion, a roll call was taken and the vote was as follows: E Adelman Y Balfour Y Brown Y Hawkins Y Heath Y Henson Y Rogers Y Seabaugh Y Seay FRIDAY, APRIL 3, 2009 5335 Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert E Crosby Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Shafer Y Sims E Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams (PRS) On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 280. The following bill was taken up to consider House action thereto: HB 193. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend HB 193 (SCSFA/2) by striking lines 6 through 8 and inserting in lieu thereof the following: definition of the term "school year" relating to teacher contracts; to provide that a mental state of knowledge and intention or recklessness may be an By striking lines 79 through 87. 5336 JOURNAL OF THE SENATE By redesignating Section 5C as Section 5B. Senator Butterworth of the 50th moved that the Senate agree to the House amendment to the Senate substitute to HB 193. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody C Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims E Smith Y Staton E Stoner Y Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 46, nays 4; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 193. The following bill was taken up to consider the Conference Committee Report thereto: HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 3, 2009 5337 The Conference Committee Report was as follows: The Committee of Conference on HB 439 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 439 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Chance of the 16th /s/ Senator Balfour of the 9th /s/ Senator Rogers of the 21st /s/ Representative Bryant of the 160th /s/ Representative Stephens of the 164th /s/ Representative O'Neal of the 146th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 439 A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, is amended by revising Code Section 48-7-40, relating to tax credits for business enterprises in less developed areas, to read as follows: "48-7-40. (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 5338 JOURNAL OF THE SENATE Industry Classification System Codes 515, broadcasting; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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, and services for the elderly and persons with disabilities. Such term shall not include retail businesses. (3) 'Competitive project' means expansion or location of some or all of a business enterprise's operations in this state having significant regional impact where the commissioner of economic development certifies that but for some or all of the tax incentives provided in this Code section, the business enterprise would have located or expanded outside this state. (3)(4) '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. (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. (c.1) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county FRIDAY, APRIL 3, 2009 5339 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. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is reclassified in a different tier. (e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's 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 enterprise's 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 paragraph. 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 paragraph shall not constitute income to the taxpayer. 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 this article 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 this article 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 this article equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job the first taxable year in which the new fulltime employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, or where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount 5340 JOURNAL OF THE SENATE of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 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 enterprise's 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 paragraph. 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 paragraph shall not constitute income to the taxpayer. The number of new fulltime 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 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. In any year in which the net employment increase falls below the number required in such tier, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below the number required in such tier, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the FRIDAY, APRIL 3, 2009 5341 number required in such tier. (2) Existing business enterprises 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 first year in which the new full-time employee job is created. The additional credit shall be claimed in year two after the creation of such job the first taxable year in which the new full-time employee job is created. 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 generated and utilized 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. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (c.1) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit 5342 JOURNAL OF THE SENATE may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h)(1) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in paragraph (1) of subsection (e) of this Code section, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (e) of this Code section must be applied against taxes imposed for the taxable year in which such credit is available and may not be carried forward to any subsequent taxable year. (i) Notwithstanding any provision of this Code section to the contrary, in counties recognized and designated as the first through fortieth least developed counties in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises or existing business enterprises, to any business of any nature. (j) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j)(k) The commissioner may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section. (l) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim." SECTION 2. Said article is further amended by revising Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, to read as follows: "48-7-40.1. (a) As used in this Code section, the term: FRIDAY, APRIL 3, 2009 5343 (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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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. (b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors: (1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or (4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 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 pervasive poverty, underdevelopment, general distress, and blight. 5344 JOURNAL OF THE SENATE No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas. (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's 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 enterprise's 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 FRIDAY, APRIL 3, 2009 5345 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. In any year in which the net employment increase falls below five or two, as applicable, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below five or two, as applicable, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in subsection (e) of this Code section, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (i) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which 5346 JOURNAL OF THE SENATE the taxpayer made such initial claim." SECTION 3. Said article is further amended by revising Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, to read as follows: "48-7-40.5. (a) As used in this Code section, the term: (1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions: (A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; provided, however, that approved retraining shall not include any retraining on commercially, mass produced software packages for word processing, data base management, presentations, spreadsheets, e-mail, personal information management, or computer operating systems except a retraining tax credit shall be allowable for those providing support or training on such software; (B) It is approved and certified by the Technical College System of Georgia; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Technical College System of Georgia including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, and who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Technical College System of Georgia by instructors hired by or employed by an employer. (6) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an one or more approved retraining program programs in a taxable year. The total amount of the tax credit allowed per full-time employee amount of the tax credit shall be equal to onehalf of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an approved retraining program; provided, however, that in no event shall the amount of the tax credit authorized under this subsection exceed $1,250.00 per year per full-time FRIDAY, APRIL 3, 2009 5347 employee who has successfully completed more than one approved retraining program. No employer may shall receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c) Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (d) To be eligible to claim the credit granted under this Code section, the employer must shall certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Technical College System of Georgia to ensure the proper granting of credits pursuant to this Code section. (e) The Technical College System of Georgia is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Technical College System of Georgia shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study." SECTION 4. Said article is further amended by revising Code Section 48-7-40.12, relating to income tax credits for business enterprises having qualified research expenses, to read as follows: "48-7-40.12. (a) As used in this Code section, the term: (1) 'Base amount' means the product of a business enterprise's Georgia taxable net income gross receipts in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income gross receipts for the preceding three taxable years or 0.300, whichever is less; provided, however, that a business enterprise need not have had a positive taxable net income for the preceding three taxable years in order to claim the credit provided in this Code section. For purposes of this paragraph, 'Georgia gross receipts' shall be the 5348 JOURNAL OF THE SENATE numerator of the gross receipts factor provided in subsection (d) of Code Section 487-31. (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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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. (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. (b) A tax credit is allowed a business enterprise which has qualified research expenses in Georgia in a taxable year exceeding a base amount, provided that the business enterprise for the same taxable year claims and is allowed a research credit under Section 41 of the Internal Revenue Code of 1986, as amended. (c) The tax credit provided in subsection (b) of this Code section shall be 10 percent of the excess over the base amount referred to in said subsection. (d) Any unused credit claimed under this Code section may be carried forward ten years from the close of the taxable year in which the qualified research expenses were made. The credit taken in any one taxable year shall not exceed 50 percent of the business enterprise's remaining Georgia net income tax liability after all other credits have been applied. (e) In the first five years of a newly formed business enterprise's operations in this state, where the amount of a credit claimed under this Code section exceeds 50 percent of a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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." FRIDAY, APRIL 3, 2009 5349 SECTION 5. Said article is further amended in Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic, by revising paragraphs (1) and (5) of subsection (a) as follows: "(1) 'Base year port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's), 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 (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product actually imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility during the second preceding 12 month period; provided, however, that in the event the total amount actually imported into this state or exported out of this state during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's)." "(5) 'Port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility. (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility." SECTION 6. Said article is further amended by revising Code Section 48-7-40.17, relating to income tax credits for establishing or relocating headquarters into this state, to read as follows: "48-7-40.17. (a) As used in this Code section, the term: (1) 'Average wage' means the average wage of the county in which a full-time new quality job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Full-time New quality job' means employment for an individual which: (A) Is located at a headquarters in this state; (B) Has a regular work week of 30 hours or more; (C) Is not a job that is or was already located in Georgia regardless of which taxpayer the individual performed services for; 5350 JOURNAL OF THE SENATE (C)(D) Pays at or above 110 percent of the average wage of the county in which it is located; and: (i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and (D)(E) Has no predetermined end date. (3) 'Headquarters' means the principal central administrative office of a taxpayer or a subsidiary of the taxpayer. (4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. (b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which: (1) Within one year of the first date on which it withholds wages for employees at such headquarters or the headquarters of a subsidiary, defined as the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code of 1986, as amended, pursuant to the provisions of Code Section 48-7-101, employs at least 50 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-740.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; (b) A taxpayer establishing new quality jobs in this state or relocating quality jobs into this state which elects not to receive the tax credits provided for by Code Sections 48-740, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs and investments created by, arising from, related to, or connected in any way with the same project and, within one year of the first date on which the taxpayer pursuant to the provisions of Code Section 48-7-101 withholds wages for employees in this state and employs at least 50 persons in new quality jobs in this state, shall be allowed a credit for taxes imposed under this article: (1) Equal to $2,500.00 annually per eligible new quality job where the job pays 110 percent or more but less than 120 percent of the average wage of the county in which the new quality job is located; (2) Equal to $3,000.00 annually per eligible new quality job where the job pays 120 FRIDAY, APRIL 3, 2009 5351 percent or more but less than 150 percent of the average wage of the county in which the new quality job is located; (3) Equal to $4,000.00 annually per eligible new quality job where the job pays 150 percent or more but less than 175 percent of the average wage of the county in which the new quality job is located; (4) Equal to $4,500.00 annually per eligible new quality job where the job pays 175 percent or more but less than 200 percent of the average wage of the county in which the new quality job is located; and (5) Equal to $5,000.00 annually per eligible new quality job where the job pays 200 percent or more of the average wage of the county in which the new quality job is located; provided, however, that where the amount of such credit exceeds a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job the credit amounts in paragraphs (1) through (5) of this subsection for each new quality job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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. For each new full-time quality job created, the credit established by this subsection may be taken for the first taxable year in which the new full-time quality job is created and for the four immediately succeeding taxable years; provided, however, that such new full-time quality jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 50 new full-time quality jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 50 new full-time quality jobs required shall not be affected except as provided in subsection (f) of this Code section. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 50 new full-time quality jobs required. (c) The number of new full-time quality jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of full-time new quality jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year. (d) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified 5352 JOURNAL OF THE SENATE new quality jobs were established. (e) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 487-56, including any approved extensions. (f) If the taxpayer has failed to maintain a new quality job in a taxable year, the taxpayer shall forfeit the right to the credit claimed for such job in that year. For each year such new quality job is not maintained, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. (g) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim. (e)(h) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable for all taxable years beginning on or after January 1, 2009. SECTION 8. 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 439. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman N Cowsert Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Rogers Y Seabaugh N Seay Y Shafer Sims E Smith Y Staton E Stoner N Tarver N Tate FRIDAY, APRIL 3, 2009 5353 Y Crosby Y Douglas N Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey Y Reed N Thomas Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 37, nays 13; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 439. The following bill was taken up to consider House action thereto: SB 64. By Senators Reed of the 35th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Sims of the 12th 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 prior to discharge; to provide for notice; to provide for counseling; 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 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 prior to release; to provide for notice and counseling; to require the Department of Corrections to seek funding for such HIV testing program; to provide for 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 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, is amended by adding a new Code section to read as follows: "42-5-52.2. 5354 JOURNAL OF THE SENATE (a) For purposes of this Code section, 'HIV' means HIV as defined by Code Section 3122-9.1. (b) The department shall implement an HIV testing program whereby any state inmate who has been in the custody of a state penal institution for one year or longer and who has not previously tested positive for HIV shall be tested for HIV within 30 days prior to his or her expected date of release from the custody of the department. (c) Each person tested as provided in subsection (b) of this Code section shall be notified by the department in writing of the results of such testing prior to his or her release. Prior to the release of any person testing positive for HIV, the appropriate information as required by Code Sections 24-9-47 and 31-22-9.2 or other law shall be provided by the department to the Department of Human Resources. Prior to the release of any person testing positive for HIV, the department shall also provide to such person in writing contact information regarding medical, educational, and counseling services available through the Department of Human Resources. Any person testing positive for HIV shall be provided instruction relating to living with HIV, the prevention of the spread of such virus, and the legal consequences of infecting unknowing partners. (d) The department shall seek state and federal grants or other possible sources of revenue for the purpose of funding a program of HIV testing authorized by this Code section. In addition, the department is authorized to accept gifts, subject to the approval of the board, for the purpose of funding such program. (e) The department shall consolidate inmates who have tested positive for HIV in a manner that most efficiently provides education, counseling, and treatment for such persons. (f) The provisions of this Code section shall not be construed to limit the provision for HIV testing in Code Section 42-9-42.1." SECTION 2. 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 64. On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson,L Y Jackson,W N Rogers N Seabaugh Y Seay Y Shafer Sims E Smith Y Staton E Stoner Y Tarver FRIDAY, APRIL 3, 2009 5355 Y Cowsert Y Crosby N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 64. The following bill was taken up to consider House action thereto: HB 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Weber of the 40th moved that the Senate recede from its substitute to HB 243. On the motion, a roll call was taken and the vote was as follows: N Adelman Y Balfour N Brown N Buckner Bulloch Butler Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Rogers Y Seabaugh N Seay Y Shafer N Sims E Smith Y Staton E Stoner Y Tarver N Tate Y Thomas N Thompson,C N Thompson,S 5356 JOURNAL OF THE SENATE Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Murphy Orrock Y Pearson Powell N Ramsey N Reed Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 32, nays 17; the motion prevailed, and the Senate receded from its substitute to HB 243. 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 amendment, 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 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th: 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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives May of the 111th, Knight of the 126th, and McCall of the 30th. The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings FRIDAY, APRIL 3, 2009 5357 subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; 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 (LC 18 8421S) thereto: HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st 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 for a limited period of time for the purchase of one eligible single-family residence; 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 repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 261 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 261 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Rogers of the 21st /s/ Senator Chance of the 16th /s/ Senator Pearson of the 51st /s/ Representative Stephens of the 164th /s/ Representative O'Neal of the 146th /s/ Representative Peake of the 137th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 261 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 for a limited period of time for the purchase of one eligible singlefamily residence; to provide for conditions and limitations; to provide for powers, duties, 5358 JOURNAL OF THE SENATE and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. 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: "48-7-29.17. (a) As used in this Code section, the term 'eligible single-family residence' means: (1) A single-family structure, including a condominium unit as defined in Code Section 44-3-71 that is occupied for residential purposes by a single family, that is a new residence, a residence occupied at the time of sale, or a previously occupied residence that was for sale prior to the effective date of this Code section and is still for sale after the effective date of this Code section; or (2) A single-family structure, including a condominium unit as defined in Code Section 44-3-71 that is occupied for residential purposes by a single family, that is: (A) An owner occupied residence with respect to which the owner's acquisition indebtedness, as defined in Section 163(h)(3)(B) of the Internal Revenue Code, determined without regard to clause (ii) thereof, was in default on or before March 1, 2009; or (B) A residence with respect to which a foreclosure event has taken place and which is owned by the mortgagor or the mortgagor's agent. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-720 for the purchase of one eligible single-family residence made during the six-month period commencing on the first day of the month following the effective date of this Code section and ending on the last day of the sixth complete month thereafter. The amount of such credit shall be either 1.2 percent of the purchase price of such eligible single-family residence or $1,800.00, whichever is less. (c) The amount of the tax credit under subsection (b) of this Code section which may be claimed and allowed in a single tax year shall not exceed the taxpayer's income tax liability or one-third of the total amount of the credit allowed under subsection (b) of this Code section, whichever is less. Any excess or unused tax credit amount shall be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (d)(1) A taxpayer shall submit to the commissioner a bona fide listing agreement with a real estate agent or broker licensed in this state, documentation that the eligible single-family residence was for sale directly by the owner without a real estate agent or broker, or other appropriate documentation deemed sufficient by the commissioner to validate the eligiblity of the single-family residence for purposes of the tax credit under this Code section. (2) In the event the taxpayer files an electronic return, the documentation required FRIDAY, APRIL 3, 2009 5359 under paragraph (1) of this subsection shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such documentation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such documentation shall be maintained by the taxpayer and made available upon request of the commissioner. (e) The commissioner shall be authorized to 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. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Pearson of the 51st moved that the Senate adopt the Conference Committee Report on HB 261. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Moody Y Mullis Y Murphy Orrock Y Pearson Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton E Stoner Y Tarver Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Y Wiles Williams (PRS) On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 261. 5360 JOURNAL OF THE SENATE The President resumed the Chair. The following bill was taken up to consider House action thereto: SB 85. By Senators Heath of the 31st, Cowsert of the 46th, Pearson of the 51st, Butterworth of the 50th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Title 6 of the O.C.G.A., relating to aviation, so as to create the Georgia Aviation Authority; to amend Code Section 32-2-2 of the O.C.G.A., relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the O.C.G.A., relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to create the Georgia Aviation Authority; to provide for a short title and definitions; to provide for the membership, governance, operation, powers, duties, and administrative attachment of the authority; to provide that the general purpose of the authority shall be to acquire, operate, maintain, house, and dispose of all state aviation assets; to provide for the transfer of certain employees for administrative purposes only; to provide for other matters related to the authority and its creation; to provide for audits of the authority; to provide for an exemption from taxes; to provide for automatic repeal of the authority; to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; 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 6 of the Official Code of Georgia Annotated, relating to aviation, is amended by adding a new chapter to read as follows: FRIDAY, APRIL 3, 2009 5361 "CHAPTER 5 6-5-1. This chapter shall be known and may be cited as the 'Georgia Aviation Authority Act.' 6-5-2. As used in this chapter, the term: (1) 'Authority' means the Georgia Aviation Authority. (2) 'State aircraft' means any aircraft, including equipment, owned, leased, rented, chartered, or otherwise obtained by the authority. 6-5-3. (a) There is created a body corporate and politic to be known as the Georgia Aviation Authority which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title the body may contract and be contracted with, implead and be impleaded, and bring and defend actions in all courts. The authority shall consist of the Governor or his or her designee, the Lieutenant Governor or his or her designee, the Speaker of the House of Representatives or his or her designee, the commissioner of transportation, the commissioner of public safety, the commissioner of natural resources, the director of the State Forestry Commission, and two persons from the aviation business community with one such member of the aviation business community to be appointed by the Speaker of the House of Representatives, and the other such member of the aviation business community to be appointed by the President of the Senate. The chairperson of the authority shall be a member of the authority elected for a two-year term by a majority vote of the members of the authority. A chairperson may not serve more than two consecutive terms as chairperson. The authority shall make rules and regulations for its own governance. It shall have perpetual existence. (b) The authority is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3. (c) The authority may in its discretion employ an executive director and other personnel. The authority may also by agreement with any department or agency of state government make use of personnel of such department or agency. (d) The authority shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The authority may designate personnel positions employed by the authority as peace officers who shall be required by the terms of their employment to give their full time to the preservation of public order, the protection of life and property, the detection of crime, and such other duties as may be specified by the authority. Personnel in such positions shall comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and shall have the power of arrest in the performance of their duties. 5362 JOURNAL OF THE SENATE 6-5-4. (a) The general purpose of the authority shall be to acquire, operate, maintain, house, and dispose of all state aviation assets, to provide aviation services and oversight of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property, to achieve policy objectives through aviation missions, and to provide for the efficient operation of state aircraft. All aircraft owned or operated as of July 1, 2009, or a later date determined by the Governor, by any other entity of state government shall be transferred on that date to the custody and control of the authority; provided, however, that this chapter shall have no application to aircraft owned or operated by the Department of Defense. On and after July 1, 2009, or a later date determined by the Governor, no other entity of state government shall acquire, lease, or charter any aircraft other than through the authority. Any person who is employed by an entity of state government as a pilot and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall remain in the employment of the employing agency but shall be transferred for administrative purposes only to the authority on July 1, 2009, in compliance with subsection (c) of Code Section 6-5-3. All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of Georgia and authorized agents of the General Assembly, or either branch thereof, and department owned airfields and their appurtenances shall be managed and maintained by the authority. The cost for the use of such state aircraft shall be charged by the authority to the using state entity. The amount of such charge shall be determined by the authority. The authority shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (b) In the furtherance of its purpose, the authority shall have the power to: (1) Organize, staff, train personnel to operate, maintain, house, purchase, and dispose of aviation assets; (2) Purchase, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for state aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for state aviation operations and activities; (5) Identify the costs associated with the purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities, training, and education, develop an appropriate billing structure, and charge agencies and other state entities for the costs of state aircraft and aviation operations; provided, however, that any billing to an agency by the authority shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to the state of emergency; (6) Retain appropriate external consulting and auditing expertise; FRIDAY, APRIL 3, 2009 5363 (7) Engage aviation industry representatives to ensure best practices for state aviation assets; (8) Delegate certain powers pursuant to this chapter to other state entities; and (9) Otherwise implement appropriate and efficient management practices for state aviation operations. (c) The authority shall provide priority support for those state agencies and departments, including local and state public safety and law enforcement entities, whose operations require aviation operations. No state entity other than the authority shall be authorized to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft without the approval of the authority. (d) The funds and assets of the authority, as well as the performance of the authority, its services, and equipment, shall be audited annually by the state auditor. The initial audit shall be concluded no later than December 30, 2010. 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 accounting officer. The authority shall also provide the Governor, the Speaker of the House, the President of the Senate, the chairperson of the House Committee on Public Safety and Homeland Security, the chairperson of the Senate Public Safety Committee, the chairperson of the Senate Veterans, Military and Homeland Security Committee, the chairperson of the House Committee on Transportation, and the chairperson of the Senate Transportation Committee with a copy of the state audit report which shall include a full report of the activities and services of the authority. The performance audit report shall be provided no later than December 31, 2013. 6-5-5. In addition to the powers specified in Code Section 6-5-4, the authority shall have the powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposal of the same in any manner it deems to the best advantage of the authority. No property shall be acquired under this chapter upon which any lien or other 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 the lien or encumbrance; and if the authority shall deem it expedient to construct any project on lands which are a part of the real estate holdings of the state, the Governor is authorized to execute for and on behalf of the state a lease of the 5364 JOURNAL OF THE SENATE lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years. If the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the state, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority; (4) To appoint and select officers, agents, and employees, including pilots, maintenance workers, engineering, architectural, aviation, and construction experts, fiscal agents, and attorneys, and fix their compensation and otherwise adopt policies that establish a system of sound personnel management; (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 erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to any department, board, commission, or agency of the state to enter into contracts and lease agreements for the use or concerning the use of any structure, building, or facilities or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years; and any department, board, commission, or agency of the state may obligate itself to pay an agreed sum for the use of the property so leased and also to obligate itself as part of the lease contract to pay the cost of maintaining, repairing, and operating the property leased from the authority; (6) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or the agency or instrumentality may impose; (7) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state; and (8) To do all things necessary or convenient to carry out the powers expressly given in this chapter. 6-5-6. All moneys received pursuant to the authority of this chapter shall be deemed trust funds to be held and applied solely as provided in this chapter. 6-5-7. (a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. (b) In order to ensure that addressing emergency law enforcement needs is the authority's first priority, the authority, in coordination with the Board of Public Safety, shall adopt policies and procedures to ensure that responding to emergencies, imminent FRIDAY, APRIL 3, 2009 5365 threats to individual and public safety, natural disasters, or other emergency law enforcement needs is met. The authority shall be exempt from all sales and use tax on property purchased, leased, or used by the authority. 6-5-8. Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Fulton County. 6-5-9. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. 6-5-10. This chapter shall stand repealed on July 1, 2014, unless it is further extended by an Act of the General Assembly." SECTION 2. Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Transportation, is amended by revising paragraph (16) of subsection (a) as follows: "(16)(A) Reserved; All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of Georgia and authorized agents of the General Assembly, or either branch thereof, and department owned airfields and their appurtenances shall be managed and maintained by the department. The cost for the use of such state aircraft shall be charged by the department to the using agency. The amount of such charge shall be determined by the department. The department shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aircraft when the director of the Office of Planning and Budget shall authorize such actions, notwithstanding any other provisions of law to the contrary. (B) The department shall have all those powers and duties formerly set forth in Code Section 50-19-23, which statute relates to the maintenance and operation of state aircraft, supervision of their pilots, and similar matters. (C) No department, board, bureau, commission, authority, office, or other agency of Georgia shall be authorized to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft except the Department of Transportation. (D) The Department of Administrative Services shall purchase all aircraft for the department in the same manner as other state purchases. (E) Anything in this title to the contrary notwithstanding, the State Forestry Commission, the Department of Natural Resources, and the Department of Public Safety may, with the approval of the commissioner of transportation, expend state 5366 JOURNAL OF THE SENATE funds to purchase, lease, rent, charter, maintain, or repair special purpose aircraft necessary to conduct the particular business of said agencies and may employ persons whose official duties consist of piloting said aircraft;" SECTION 3. Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state government transportation services, is amended by repealing and reserving Article 2 as follows: "ARTICLE 2 RESERVED 50-19-20. This article shall be known and may be cited as the 'Air Transportation Act.' 50-19-21. As used in this article, the term: (1) 'Department' means the Department of Transportation. (2) 'State aircraft' means any aircraft, including equipment, owned, leased, rented, or chartered by the Department of Transportation. 50-19-22. All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of the state or for authorized agents of the General Assembly, or either branch thereof, shall be managed and maintained by the department. The cost for the use of such state aircraft shall be charged by the department to the using agency. The amount of the charge shall be determined by the department. 50-19-23. The department shall have the following powers and duties: (1) To supervise, maintain, and schedule all state aircraft; (2) To maintain a detailed record of all flights made by state aircraft; (3) To initiate a proficiency program for pilot employees; (4) To discontinue the employment of any pilot employed by the Department of Transportation to fly state aircraft upon such pilot's reaching 65 years of age; (5) To establish priorities concerning the use of state aircraft; (6) To execute such contracts as may be necessary to carry out this article; and (7) To assign special purpose state aircraft and personnel to any other department or agency of state government. 50-19-24. The department shall have the following powers and duties: FRIDAY, APRIL 3, 2009 5367 (1) To promulgate such rules and regulations as may be necessary to effectuate the purposes of this article; and (2) To establish a timetable for bringing all state aircraft under this article. 50-19-25. No department, board, bureau, commission, authority, office, or other agency of the state shall be authorized to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft, except the Department of Transportation. 50-19-26. The Department of Administrative Services shall purchase all aircraft for the Department of Transportation in the same manner as other state purchases are made." 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 85. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Buckner Y Bulloch Y Butler Y Butterworth Y Chance Chapman Y Cowsert Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Mullis Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y 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 85. 5368 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 2. By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend HB 2 by striking from line 1 to the end and inserting in lieu thereof the following: To amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to clarify compliance requirements of public employers; to provide certain immunity; to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, so as to change certain provisions relating to keepers of jails and queries made to the United States Department of Homeland Security; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to change certain provisions relating to verification requirements, procedures, and conditions; to provide for definitions; to provide for reports and duties of the Attorney General; to provide certain immunity; 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 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-91, relating to verification of new employee information and applicability and rules and regulations, as follows: "13-10-91. (a) On or after July 1, 2007, every Every public employer, including, but not limited to, every municipality and county, shall register and participate in the federal work authorization program to verify information employment eligibility of all new newly hired employees. Upon federal authorization, a public employer shall permanently post the employer's federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer's website; provided, however, that if a local public employer does not maintain a website, the identification number and date of authorization shall be published annually in the official legal organ FRIDAY, APRIL 3, 2009 5369 for the county. State departments, agencies, or instrumentalities may satisfy the requirement of this Code section by posting information required by this Code section on one website maintained and operated by the state. (b)(1) No public employer shall enter into a contract pursuant to this chapter for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new newly hired employees or subcontractors. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following: (A) The affiant has registered with and is authorized to use the federal work authorization program; (B) The user identification number and date of authorization for the affiant; and (C) The affiant is using and will continue to use the federal work authorization program throughout the contract period. An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for services; provided, however, that any information protected from public disclosure by federal law shall be redacted. (2) No contractor or subcontractor who enters a contract pursuant to this chapter with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new newly hired employees. (3) Paragraphs (1) and (2) of this subsection shall apply as follows: (A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Except as provided in subsection (e) of this Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor's website. (e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportation's website. (f) No employer or agency or political subdivision, as such term is defined in Code Section 50-36-1, shall be subject to lawsuit or liability arising from any act to comply with the requirements of this Code section." 5370 JOURNAL OF THE SENATE SECTION 2. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, is amended by revising Code Section 42-4-14, relating to the determination of nationality of persons charged with a felony and confined in a jail facility, as follows: "42-4-14. (a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 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 a county, or any municipality or a jail operated by a regional jail authority in compliance with Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be made to determine the nationality of the person so confined. (b) If the prisoner is a foreign national charged with a felony, driving under the influence pursuant to Code Section 40-6-391, driving without being licensed pursuant to subsection (a) of Code Section 40-5-20, or with a misdemeanor of a high and aggravated nature, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. (c) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. (d) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section." SECTION 3. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising Code Section 50-361, relating to the verification requirements, procedures, and conditions and exceptions, regulations, and criminal and other penalties for violations, as follows: "50-36-1. (a) As used in this Code section, the term: (1) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (2) 'Applicant' means any natural person, 18 years of age or older, who has made application for access to public benefits on behalf of an individual, business, corporation, partnership, or other private entity. (3)(A) 'Public benefit' means a federal benefit as defined in 8 U.S.C. Section 1611, FRIDAY, APRIL 3, 2009 5371 a state or local benefit as defined in 8 U.S.C. Section 1621, a benefit identified as a public benefit by the Attorney General of Georgia, or a public benefit which shall include the following: (i) Adult education; (ii) Authorization to conduct a commercial enterprise or business; (iii) Business certificate, license, or registration; (iv) Business loan; (v) Cash allowance; (vi) Disability assistance or insurance; (vii) Down payment assistance; (viii) Energy assistance; (ix) Food stamps; (x) Gaming license; (xi) Health benefits; (xii) Housing allowance, grant, guarantee, or loan; (xiii) Loan guarantee; (xiv) Medicaid; (xv) Occupational license; (xvi) Professional license; (xvii) Registration of a regulated business; (xviii) Rent assistance or subsidy; (xix) State grant or loan; (xx) State identification card; (xxi) Tax certificate required to conduct a commercial business; (xxii) Temporary assistance for needy families (TANF); (xxiii) Unemployment insurance; and (xxiv) Welfare to work. (B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any 'public benefit' that may be administered in this state as defined in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification pursuant to this Code section. Such report shall provide the description of the benefit and shall be updated annually and distributed to the members of the General Assembly and be posted to the Attorney General's website. (b) Except as provided in subsection (c) (d) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local applicant for public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (b)(c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c)(d) Verification of lawful presence under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States is not required by 5372 JOURNAL OF THE SENATE law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which: (A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d)(e) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States, which affidavit shall state Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows: (1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., as amended, 18 years of age or older lawfully present in the United States and provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency. (e)(f) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for public benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for FRIDAY, APRIL 3, 2009 5373 the purposes of this Code section. (f)(g) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20. (g) Agencies or political subdivisions of this state may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) Verification of citizenship through means required by federal law shall satisfy the requirements of this Code section. (h)(i) It shall be unlawful for any agency or a political subdivision of this state to provide or administer any state, local, or federal public benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state On or before January 1 of each year, each agency or department political subdivision which administers any program of state or local public benefits public benefit shall provide an annual report with respect to its compliance with this Code section to the Department of Community Affairs that identifies each public benefit, as defined in subparagraph (a)(3)(A) of this Code section, administered by the agency or political subdivision and a listing of each public benefit for which SAVE authorization for verification has not been received. (i)(j) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia. (j)(k) Notwithstanding subsection (f)(g) of this Code section, any applicant for public benefits federal benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section. (l) In the event a legal action is filed against any agency or political subdivision alleging improper denial of a public benefit arising out of an effort to comply with this Code section, the Attorney General shall be served with a copy of the proceeding and shall be entitled to be heard. (m) Compliance with this Code section by an agency or political subdivision shall include taking all reasonable, necessary steps required by a federal agency to receive authorization to utilize the SAVE program or any successor program designated by the United States Department of Homeland Security or other federal agency, including providing copies of statutory authorization for the agency or political subdivision to provide public benefits and other affidavits, letters of memorandum of understanding, or other required documents or information needed to receive authority to utilize the SAVE program or any successor program for each public benefit provided by such 5374 JOURNAL OF THE SENATE agency or political subdivision. An agency or political subdivision that takes all reasonable, necessary steps and submits all requested documents and information as required in this subsection but either has not been given access to use such programs by such federal agencies or has not completed the process of obtaining access to use such programs shall not liable for failing to use the SAVE program or any such successor program to verify eligibility for public benefits. (n) In the case of noncompliance with the provisions of this Code section by an agency or political subdivision, the appropriations committee of each house of the General Assembly may consider such noncompliance in setting the budget and appropriations. (o) No employer, agency, or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this chapter." SECTION 4. This Act shall become effective on January 1, 2010. SECTION 5. 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 amendment to the Senate substitute to HB 2. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans N 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 N Jackson,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Powell N Ramsey N Reed Y Rogers Y Seabaugh Y Seay Y Shafer N Sims Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams FRIDAY, APRIL 3, 2009 5375 On the motion, the yeas were 38, nays 16; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 2. The following bill was taken up to consider the Conference Committee Report thereto: HB 318. By Representatives McCall of the 30th and Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; 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 318 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 318 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Pearson of the 51st /s/ Senator Douglas of the 17th /s/ Senator Chance of the 16th /s/ Representative McCall of the 30th /s/ Representative Roberts of the 154th /s/ Representative Graves of the 12th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 318 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 provisions regarding the return of certain motor vehicles; to provide for definitions; to provide for a partial exemption from ad valorem taxation of heavy-duty equipment motor vehicles for certain natural persons or entities for a limited period of time; to provide for related matters; to provide for effective dates and for applicability; to provide for reenactment of certain prior provisions of law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 5376 JOURNAL OF THE SENATE 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 48-5-444, relating to the place of return for tax purposes of motor vehicles and mobile homes, by revising subsection (a) as follows: "(a)(1) For purposes of this subsection, the term 'functionally located' means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may be consecutive. (2)(A) Except as otherwise provided in paragraph (3) of this subsection, each Each motor vehicle owned by a resident of this state shall be returned: (i) In in the county where the owner claims a homestead exemption; or, (ii) If if no such exemption is claimed, then in the county of the owner's domicile; or, (iii) If if the motor vehicle is primarily used in connection with some established business enterprise located in a different county, in the county where the business is located. (B) A motor vehicle owned by a resident of this state may be registered in the county where the vehicle is functionally located if the vehicle is a passenger car as defined in paragraph (41) of Code Section 40-1-1. Such vehicle shall first be returned for taxation as provided in subparagraph (A) of this paragraph. This subparagraph shall not apply with respect to any vehicle which is used by a student enrolled in a college or university in this state in a county other than the student's domicile. (C) Each motor vehicle owned by a nonresident shall be returned in the county where the motor vehicle is situated. (3)(A) As used in this paragraph, the term: (i) 'Family owned qualified farm products producer' shall have the same meaning as provided in paragraph (2) of Code Section 48-5-41.1. (ii) 'Passenger car' shall have the same meaning as provided for in paragraph (41) of Code Section 40-1-1. (iii) 'Truck' shall have the same meaning as provided for in paragraph (70) of Code Section 40-1-1. (B) If a passenger car or truck is primarily used in connection with some established farm operated by a family owned qualified farm products producer located in a county other than the county where the owner claims a homestead exemption or the county of the owner's domicile, such passenger car or truck shall be returned in the county where the farm operated by a family owned qualified farm products producer is located. (3)(4) Any person who shall knowingly make any false statement in any application for the registration of any vehicle, in transferring any certificate of registration, or in applying for a new certificate of registration shall be guilty of false swearing, whether FRIDAY, APRIL 3, 2009 5377 or not an oath is actually administered to such person, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "48-5-506.1. (a) As used in this Code section, the term: (1) 'Heavy-duty equipment motor vehicle' means an off-road vehicle with all its attachments and parts which is self-propelled, weighs 5,000 pounds or more, and is primarily designed and used exclusively for utility services and maintenance, earth moving, construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate. (2) 'Natural person or entity' means a natural person or entity that has purchased a heavy-duty equipment motor vehicle. Such term shall not include any publicly traded company. (b) For the period of time commencing on January 1, 2010, and concluding at the last moment of December 31, 2010, the provisions of this Code section shall supersede and control over any contrary provision of this article. (c) The provisions of this article or Part 2 of Article 10 of this chapter, as applicable, shall apply to any or all of the following and this Code section shall not apply to any or all of the following: (1) Publicly traded companies; (2) Heavy-duty equipment motor vehicle dealers; and (3) Natural persons or entities in the year of purchase of a heavy-duty equipment motor vehicle. (d)(1) A natural person or entity, or any combination of natural persons and entities with common ownership interests, who owns one or more heavy-duty equipment motor vehicles is granted an exemption on that person's or entity's heavy-duty equipment motor vehicles in the amount of the full value of such heavy-duty equipment motor vehicles up to a maximum amount of $100,000.00 per taxable year. (2) The value of heavy-duty equipment motor vehicles in excess of such exempted amount shall remain subject to taxation under either the provisions of this article or Part 2 of Article 10 of this chapter, as applicable. (e) This subsection is repealed in its entirety at the last moment of December 31, 2010." 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. 5378 JOURNAL OF THE SENATE Senator Pearson of the 51st moved that the Senate adopt the Conference Committee Report on HB 318. On the motion, a roll call was taken, and the vote was as follows: Y Adelman N Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman N Cowsert Y Crosby Y Douglas N Fort Y Goggans N Golden N Grant Y Hamrick Y Harbison N Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L N Jackson,W Y Johnson N Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton N Stoner Y Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams On the motion, the yeas were 32, nays 21; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 318. 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 Senate: SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd 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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related FRIDAY, APRIL 3, 2009 5379 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 Bill of the Senate: SB 172. By Senators Hamrick of the 30th and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for recovery for serious mental and emotional trauma; to update legislative intent; to change definitions and provide for a new definition; to change provisions related to filing of claims; to change provisions relating to investigations; to revise the characteristics of persons eligible for awards; to change provisions relating to the board's required findings and effective dates for certain for awards; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 56. By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th 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 StopMeth Log 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 repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 82. By Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to change provisions relating to transaction records; to provide for 5380 JOURNAL OF THE SENATE transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to provide for supervision of secondary metals recyclers by counties, municipal corporations, or consolidated governments; to change provisions relating to the superseding nature of the article; 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 14 of Chapter 1 of Title 10 and Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to secondary metals recyclers and penalties for certain theft crimes, respectively, so as to provide for the regulation of theft of regulated metal property; to change a definition; to change provisions relating to transaction records; to regulate payments to persons selling certain property to secondary metals recyclers; to revise provisions relating to theft of regulated metal 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. Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, is amended by revising paragraph (5) of Code Section 10-1350, relating to definitions, as follows: "(5) 'Personal identification card' means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security, which shall contain the individual's name, address, and photograph." SECTION 2. Said article is further amended by revising paragraph (6) of subsection (a) of Code Section 10-1-351, relating to record of transactions, and adding a new subsection (c) to read as follows: "(6) The name and address A photocopy of a valid personal identification card of the person delivering the regulated metal property to the secondary metals recycler;" "(c) When the metal being purchased is a motor vehicle, the person offering to sell the motor vehicle to a secondary metals recycler shall either provide the title to such motor vehicle or fully execute a cancellation of certificate of title for scrap vehicles form as promulgated by the Department of Revenue, Motor Vehicle Division, designated as FRIDAY, APRIL 3, 2009 5381 MV-1SP, in accordance with Code Section 40-3-36. The secondary metals recycler shall forward the title or MV-1SP form to the Department of Revenue within 72 hours of receipt of the title or form." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "10-1-352.1. (a) As used in this Code section, the terms: (1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (b) A secondary metals recycler may pay by check or by cash for any copper property, catalytic converter, or aluminum property as follows: (1) Cash payments shall occur no earlier than 24 hours after the copper property, catalytic converter, or aluminum property is provided to the secondary metals recycler; and (2) Checks shall be payable only to the person named who was recorded as delivering the copper property, catalytic converter, or aluminum property to the secondary metals recycler; provided, however, that if such person is delivering the copper property, catalytic converter, or aluminum property on behalf of a governmental entity or a nonprofit or for profit business, the check may be payable to such business or entity and may also be transmitted to such business or entity. (c) The provisions of this Code section shall not apply to any transaction between business entities." SECTION 4. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, is amended by revising paragraph (9) of subsection (a) as follows: "(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both." 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 82. 5382 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 Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith N Staton Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 82. The following bill was taken up to consider the Conference Committee Report thereto: SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th: 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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: FRIDAY, APRIL 3, 2009 5383 The Committee of Conference on SB 194 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 194 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Chance of the 16th /s/ Senator Bulloch of the 11th /s/ Senator Rogers of the 21st /s/ Representative May of the 111th /s/ Representative Knight of the 126th /s/ Representative McCall of the 30th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 194 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 revise provisions relating to fiscal management and administration of the state; to provide that state government entities shall be exempt from local government storm-water utility charges; to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to exempt the Georgia Building Authority from certain sales and use tax; 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 adding at the end of Chapter 1 a new Code section to read as follows: "50-1-9. The state and any department, agency, board, commission, or authority thereof shall be exempt from any storm-water utility charges imposed by any county, municipality, or local government authority." SECTION 2. Said title is further amended by revising Code Section 50-5-77, relating to benefits based funding projects, as follows: "50-5-77. 5384 JOURNAL OF THE SENATE (a) As used in this Code section, the term: (1) 'Agency' means every state department, agency, board, bureau, and commission including without limitation the Board of Regents of the University System of Georgia. (2) 'Authority' means the Georgia Environmental Facilities Authority. (2)(3) 'Benefits based funding project' means any governmental improvement project in which payments to vendors depend upon the realization of specified savings or revenue gains attributable solely to the improvements, provided that each benefits based funding project is structured as follows: (A) The vendor promises, or accepts the condition, guarantees that the improvements will generate actual and quantifiable savings or enhanced revenues; (B) The agency develops a measurement tool for calculating the savings or enhanced revenues realized from the project; and (C) The funding for the project shall be attributable solely to its successful implementation for the period specified in the contract, or, where applicable, from sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains. (3)(4) 'External oversight committee' means a committee composed of the executive director of the Georgia Technology Authority, the commissioner of administrative services, the director of the Office of Planning and Budget, the state auditor, the state accounting officer, the Governor's designee, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Finance Committee on Appropriations. (4)(5) 'Measurement tool' means the formula used to measure the actual savings or enhanced revenues and includes a means for distinguishing enhanced revenue or savings from normal activities, including the possibility of no savings or revenue growth or an increased expenditure or decline in revenue. Baseline parameters must be defined based on historical costs or revenues for a minimum of one year. The measurement tool shall use the baseline parameters to forecast savings or enhanced revenues and to determine the overall benefits and fiscal feasibility of the proposed project. (5)(6) 'Special dedicated fund' means any fund established pursuant to this Code section from which the vendor or vendors are compensated as part of a benefits based funding project. The moneys in the special dedicated fund shall be deemed contractually obligated and shall not lapse at the end of each fiscal year. (b) An agency shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of equipment, goods, materials, real or personal property, improvements to real property, services, construction services, renovation services, and supplies as benefits based funding projects; provided, however, that a condition precedent to the award of the contract is a competitive solicitation in compliance with any applicable purchasing laws now or hereafter enacted, including without limitation the provisions of this chapter and Chapter 25 of this title; and provided, further, that the contract shall contain provisions for the FRIDAY, APRIL 3, 2009 5385 following: (1) The contract shall terminate absolutely and without further obligation on the part of the agency at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed; (2) The contract shall terminate absolutely and without further obligation on the part of the agency at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract; (3)(2) The contract may be renewed only by a positive action taken by the agency; (3) In addition to any other remedies available to the agency, the contract shall provide that at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract, the vendor shall be required to remedy the deficit in actual savings or incremental revenue gains by remitting to the state an amount equal to the deficit. The vendor shall also be required to provide at contract execution and upon execution of any contract renewals an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the value of the project's annual savings or revenue gains; (4) The contract shall state the total obligation of the agency for repayment for the fiscal year of execution and shall state the total obligation for repayment which will be incurred in each fiscal year renewal term, if renewed; and (5) The term of the contract, including any renewal periods, may not exceed extend past the date that is ten years from the date of the completion of the project that is the subject of the contract.; and (6) The agency's financial obligations under the contract are limited to and cannot exceed the savings or incremental revenue gains, as calculated using the measurement tool, actually generated by the benefits based funding project, even if no savings or enhanced revenues are realized from the project. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the agency, for those sums payable in the individual fiscal year renewal term and only to the extent that savings or enhanced revenues are attributable to the benefits based funding project calculated using the measurement tool and, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. (e) Any such contract may provide for the payment by the agency of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (f) During the term of the contract, including any renewal periods, the agency shall, 5386 JOURNAL OF THE SENATE using the measurement tool, periodically calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project. To the extent that savings or enhanced revenues are realized, the agency shall transfer from its budget into the special dedicated fund an amount up to but not to exceed the amount owed on the contract for the then current fiscal year term's obligation to provide for payments, or, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains may be transferred to the special dedicated fund by the agency. (g) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project during the then current fiscal year at least 30 days prior to the end of the then current fiscal year. If the agency renews the contract and to the extent that savings or enhanced revenues are realized in excess of the amount due on the contract in the then current fiscal year term, the agency shall transfer prior to the end of the then current fiscal year from its budget into the special dedicated fund an amount up to but not to exceed the next fiscal year's obligation to provide for future payments. (h) Promptly upon nonrenewal, termination, or expiration of the contract, any moneys remaining in the special dedicated fund shall be deposited in the general fund of the state. (i) Each agency is authorized to accept title to property subject to the benefits based funding contract and is authorized to transfer title back to the vendor in the event the contract is not fully consummated. (j) Payments to which a vendor is entitled under the contract may not be assigned without the approval of the agency. In its discretion, the agency may agree that the vendor may assign the payments to which it is entitled under the benefits based funding contract to a third party, provided that the agency will be made party to the assignment agreement and that any such assignment agreement will not alter the obligations of the agency under the contract, specifically including, but not limited to, the provisions required by subsection (b) of this Code section; and provided that the vendor, at the time of the request that the agency agree to an assignment of payments, must provide to the agency an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the guaranteed savings for the total project duration including any anticipated renewal periods and the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency must remain in force for the entire project duration including any renewal periods. As savings are realized and verified by the measurement tool during the term of the contract including renewal periods, the value of the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency may decrease proportionately. FRIDAY, APRIL 3, 2009 5387 (j)(k) The external oversight committee shall have the responsibility to review and advise direct the authority to perform reviews and to recommend approval of all benefits based funding projects advising: (1) The overall feasibility of the benefits based funding project; (2) The measurement tool; (3) The projected savings or enhanced revenues; and (4) The dollars to be set aside for vendor payments. (l) At the recommendation of the authority, each (k) Each benefits based funding project and the proposed contract shall be approved by the external oversight committee prior to execution of the contract and prior to any renewal thereof shall be subject to further review by the authority or the external oversight committee at any time. (l)(m) Each agency shall prepare and certify an annual report to be sent to the external oversight committee, the Governor, and the General Assembly on all contracts entered into pursuant to this Code section, describing the benefits based funding project, its projects, the progress of the projects, its the consolidated savings or enhanced revenues of such projects, and such other information as may be relevant. This annual report shall be sent to the authority on behalf of the external oversight committee at a date determined by the authority. The authority shall review and consolidate all agency reports and submit a consolidated report to the Governor, the General Assembly, and the external oversight committee." SECTION 3. Said title is further amended by revising Code Section 50-9-13, relating to exemption of the Georgia Building Authority from taxation, as follows: "50-9-13. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article and Article 2 of this chapter. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall include an exemption from all sales and use tax on property purchased, leased, or used by the authority." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 5388 JOURNAL OF THE SENATE SECTION 5. 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 SB 194. On the motion, a roll call was taken, and the vote was as follows: N Adelman Balfour N Brown N Buckner Y Bulloch N Butler N Butterworth Y Chance N Chapman N Cowsert N Crosby N Douglas N Fort Y Goggans N Golden N Grant Y Hamrick N Harbison N Harp N Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks N Hudgens N Jackson,L Y Jackson,W Y Johnson N Jones N Moody Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers N Seabaugh N Seay N Shafer N Sims N Smith Y Staton N Stoner N Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 19, nays 34; the motion lost, and the Senate did not adopt the Conference Committee Report on SB 194. The following bill was taken up to consider the Conference Committee Report thereto: HB 63. By Representative Ehrhart of the 36th: 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 requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments FRIDAY, APRIL 3, 2009 5389 by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; 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 63 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 63 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Balfour of the 9th /s/ Senator Harp of the 29th /s/ Senator Chance of the 16th /s/ Representative Ehrhart of the 36th /s/ Representative O'Neal of the 146th /s/ Representative Dollar of the 45th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 63 A BILL TO BE ENTITLED AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive revision of redevelopment powers; to repeal in its entirety Chapter 44, the "Redevelopment Powers Law"; to reenact provisions regarding redevelopment; to provide for a short title; to provide for definitions; to provide for legislative purposes; to provide for redevelopment agencies; to provide for redevelopment powers and delegation thereof; to provide for redevelopment plan proposals and approved plans; to provide for creation and termination of the allocation districts; to provide for tax increment financing; to provide for redevelopment costs; to provide for tax allocation bonds and bond anticipation notes; to provide for millage rates; to provide for contractual agreements; to provide for use of funds; to provide for conflicts of interest, voidable contracts, and misconduct; to provide for comprehensive procedures, conditions, limitations, requirements, and applicability with regard to the foregoing; to place restrictions on the ability of local government authorities to issue revenue bonds and other revenue obligations that are payable from payments in lieu of property taxes; to provide for the applicability and nonapplicability of such restrictions; to provide for powers, duties, and responsibilities of each county board of tax assessors and local governments and local government authorities with respect to the foregoing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 5390 JOURNAL OF THE SENATE 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 repealing in its entirety Chapter 44, the "Redevelopment Powers Law." SECTION 2. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 44 36-44-1. This chapter shall be known and may be cited as the 'Redevelopment Powers Law.' 36-44-2. It is found and declared that economically and socially depressed areas exist within counties and municipalities of this state and that these areas contribute to or cause unemployment, limit the tax resources of counties and municipalities, and create a greater demand for governmental services and, in general, have a deleterious effect upon the public health, safety, morals, and welfare. It is, therefore, in the public interest that such areas be redeveloped to the maximum extent practicable to improve economic and social conditions therein in order to abate or eliminate such deleterious effects. To encourage such redevelopment, it is essential that the counties and municipalities of this state have additional powers to form a more effective partnership with private enterprise to overcome economic limitations that have previously impeded or prohibited redevelopment of such areas. It is the purpose of this chapter, therefore, to grant such additional powers to the counties and municipalities of this state, and it is the intention of the General Assembly that this chapter be liberally construed to carry out such purpose. 36-44-3. As used in this chapter, the term: (1) 'Ad valorem property taxes' means all ad valorem property taxes levied by each political subdivision and each county and independent board of education consenting to the inclusion of that board of education's property taxes as being applicable to a tax allocation district as provided by Code Section 36-44-9, except: (A) Those ad valorem property taxes levied to repay bonded indebtedness; (B) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on personal property or on motor vehicles; and (C) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on the assessed value of property owned by public utilities and railroad companies, as determined pursuant to the provisions of Chapter 5 of Title 48. FRIDAY, APRIL 3, 2009 5391 (2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality; in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county; and, in the case of a consolidated government or its redevelopment agency, the area lying within the territorial boundaries of the consolidated government. 'Area of operation' may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4. (3) 'Local legislative body' means the official or body in which the legislative powers of a political subdivision are vested. (4) 'Political subdivision' means any county, municipality, or consolidated government of this state. (5) 'Redevelopment' means any activity, project, or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan or the preservation or improvement of historical or natural assets within a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following: (A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of any existing building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing; (D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services; (E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance; (F) The preservation, protection, renovation, rehabilitation, restoration, alteration, improvement, maintenance, and creation of open spaces, green spaces, or recreational facilities; (G) The construction, installation, preservation, renovation, rehabilitation, reconstruction, restoration, alteration, improvement, and maintenance of public art and arts and cultural facilities; (H) The development, construction, reconstruction, repair, demolition, alteration, or expansion of structures, equipment, and facilities for mass transit; (I) The development, construction, reconstruction, renovation, rehabilitation, repair, 5392 JOURNAL OF THE SENATE demolition, alteration, or expansion of telecommunication infrastructure; (J) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of facilities for the improvement of pedestrian access and safety; (K) Improving or increasing the value of property; and (L) The acquisition and retention or acquisition and disposition of property for redevelopment purposes or the use for redevelopment purposes of property already owned by a political subdivision or any agency or instrumentality thereof. (6) 'Redevelopment agency' means the local legislative body of a political subdivision or a public body corporate and politic created as the redevelopment agency of the political subdivision or an existing public body corporate and politic designated as the redevelopment agency of the political subdivision pursuant to Code Section 36-44-4. (7) 'Redevelopment area' means an urbanized area as determined by current data from the U. S. Bureau of the Census or an area presently served by sewer that qualifies as a 'blighted or distressed area,' a 'deteriorating area,' or an 'area with inadequate infrastructure,' as follows: (A) A 'blighted or distressed area' is an area that is experiencing one or more conditions of blight as evidenced by: (i) The presence of structures, buildings, or improvements that by reason of dilapidation; deterioration; age; obsolescence; inadequate provision for ventilation, light, air, sanitation, or open space; overcrowding; conditions which endanger life or property by fire or other causes; or any combination of such factors, are conducive to ill heath, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and are detrimental to the public health, safety, morals, or welfare; (ii) The presence of a predominant number of substandard, vacant, deteriorated, or deteriorating structures; the predominance of a defective or inadequate street layout or transportation facilities; or faulty lot layout in relation to size, accessibility, or usefulness; (iii) Evidence of pervasive poverty, defined as being greater than 10 percent of the population in the area as determined by current data from the U.S. Bureau of the Census, and an unemployment rate that is 10 percent higher than the state average; (iv) Adverse effects of airport or transportation related noise or environmental contamination or degradation or other adverse environmental factors that the political subdivision has determined to be impairing the redevelopment of the area; or (v) The existence of conditions through any combination of the foregoing that substantially impair the sound growth of the community and retard the provision of housing accommodations or employment opportunities; (B) A 'deteriorating area' is an area that is experiencing physical or economic decline or stagnation as evidenced by two or more of the following: FRIDAY, APRIL 3, 2009 5393 (i) The presence of a substantial number of structures or buildings that are 40 years old or older and have no historic significance; (ii) High commercial or residential vacancies compared to the political subdivision as a whole; (iii) The predominance of structures or buildings of relatively low value compared to the value of structures or buildings in the surrounding vicinity or significantly slower growth in the property tax digest than is occurring in the political subdivision as a whole; (iv) Declining or stagnant rents or sales prices compared to the political subdivision as a whole; (v) In areas where housing exists at present or is determined by the political subdivision to be appropriate after redevelopment, there exists a shortage of safe, decent housing that is not substandard and that is affordable for persons of low and moderate income; or (vi) Deteriorating or inadequate utility, transportation, or transit infrastructure; and (C) An 'area with inadequate infrastructure' means an area characterized by: (i) Deteriorating or inadequate parking, roadways, bridges, pedestrian access, or public transportation or transit facilities incapable of handling the volume of traffic into or through the area, either at present or following redevelopment; or (ii) Deteriorating or inadequate utility infrastructure either at present or following redevelopment. (8) 'Redevelopment costs' means any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred to achieve the redevelopment of a redevelopment area or any portion thereof designated by a redevelopment plan or any expenditures made to carry out or exercise any powers granted by this chapter. Without limiting the generality of the foregoing, redevelopment costs may include any one or more of the following: (A) Capital costs, including the costs incurred or estimated to be incurred for the construction of public works or improvements, new buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of existing buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the acquisition of equipment; and the clearing and grading of land; (B) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this chapter occurring during the estimated period of construction of any project with respect to which any capital costs within the meaning of subparagraph (A) of this paragraph are financed in whole or in part by such obligations and for a period not to exceed 42 months after completion of any such construction and including reasonable reserves related thereto and all principal and interest paid to holders of evidences of indebtedness issued to pay for 5394 JOURNAL OF THE SENATE other redevelopment costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity; (C) Professional service costs, including those costs incurred for architectural, planning, engineering, financial, marketing, and legal advice and services; (D) Imputed administrative costs, including reasonable charges for the time spent by public employees in connection with the implementation of a redevelopment plan; (E) Relocation costs as authorized by a redevelopment plan for persons or businesses displaced by the implementation of a redevelopment plan, including but not limited to, those relocation payments made following condemnation under Chapter 4 of Title 22, 'The Georgia Relocation Assistance and Land Acquisition Policy Act'; (F) Organizational costs, including the costs of conducting environmental impact and other studies, and the costs of informing the public with respect to the creation and implementation of redevelopment plans; (G) Payments to a political subdivision or board of education in lieu of taxes to compensate for any loss of tax revenues or for any capital costs incurred because of redevelopment activity; provided, however, that any such payments to a political subdivision or board of education shall not exceed in any year the amount of the contribution to the tax allocation increment in that year by such political subdivision or board of education; and (H) Real property assembly costs. (9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which: (A) Specifies the boundaries of the proposed redevelopment area; (B) Explains the grounds for a finding by the local legislative body that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or that the redevelopment area includes one or more natural, historical, or cultural assets which have not been adequately preserved, protected, or improved and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; (C) Explains the proposed uses after redevelopment of real property within the redevelopment area; (D) Describes any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects; (E) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan; (F) Describes the type of relocation payments proposed to be authorized by the FRIDAY, APRIL 3, 2009 5395 redevelopment plan; (G) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto; (H) Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan; (I) Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment; (J) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be: (i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects, which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparagraph shall be construed to require approval of a redevelopment plan or any part thereof by the state historic preservation officer; (K) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date; (L) Contains a map specifying the boundaries of the proposed tax allocation district and showing existing uses and conditions of real property in the proposed tax allocation district; (M) Specifies the estimated tax allocation increment base of the proposed tax allocation district; (N) Specifies ad valorem property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (3) of Code Section 36-44-8; (O) Specifies the amount of the proposed tax allocation bond issue or issues and the term and assumed rate of interest applicable thereto; (P) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; (Q) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; (R) If the plan proposes to include in the tax allocation increment ad valorem taxes levied by a board of education, the plan shall contain a school system impact 5396 JOURNAL OF THE SENATE analysis addressing the financial and operational impact on the school system of the proposed redevelopment, including but not limited to an estimate of the number of net new public school students that could be anticipated as redevelopment occurs; the location of school facilities within the proposed redevelopment area; an estimate of educational special purpose local option sales taxes projected to be generated by the proposed redevelopment, if any; and a projection of the average value of residential properties resulting from redevelopment compared to current property values in the redevelopment area; and (S) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the proposed redevelopment area. (10) 'Resolution' means a resolution or ordinance by which a local legislative body takes official legislative action, and any duly-adopted amendment thereto. (11) 'Special fund' means the fund provided for in subsection (c) of Code Section 3644-11. (12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging for the payment or security for payment of such bonds positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution. (13) 'Tax allocation district' means a contiguous geographic area within a redevelopment area which is defined and created by resolution of the local legislative body of a political subdivision pursuant to subparagraph (B) of paragraph (3) of Code Section 36-44-8 for the purpose of issuing tax allocation bonds to finance, wholly or partly, redevelopment costs within the area. (14) 'Tax allocation increment' means that amount obtained by multiplying the total ad valorem property taxes, determined as provided in Code Section 36-44-9, levied within a tax allocation district in any year by a fraction having a numerator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district minus the tax allocation increment base and a denominator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district. In any year, a tax allocation increment is 'positive' if the tax allocation increment base is less than that year's taxable value of all taxable property subject to ad valorem property taxes and 'negative' if such base exceeds such taxable value. (15) 'Tax allocation increment base' means the taxable value of all taxable property subject to ad valorem property taxes, as certified by the state revenue commissioner, located within a tax allocation district on the effective date such district is created pursuant to Code Section 36-44-8. FRIDAY, APRIL 3, 2009 5397 (16) 'Taxable property' means all real and personal property subject to ad valorem taxation by a political subdivision, including property subject to local ad valorem taxation for educational purposes. (17) 'Taxable value' means the current assessed value of taxable property as shown on the tax digest of the county in which the property is located. 36-44-4. (a) As an alternative to the creation of a redevelopment agency provided for by subsections (b) through (f) of this Code section, the local legislative body of a political subdivision, by resolution, may designate itself as its respective redevelopment agency and may exercise, within its respective area of operation, the redevelopment powers provided by this chapter. (b) The local legislative body of a political subdivision may create a public body corporate and politic to serve as its redevelopment agency. Any such public corporation may be created by resolution adopted by the local legislative body of the political subdivision. Such resolution may provide for the membership of the board of directors of such public corporation and their terms of office, for the powers and duties of such public corporation, and for such other matters as may reasonably be necessary and convenient for the creation and activation of such public corporation as the redevelopment agency of the political subdivision. (c) In the event a political subdivision has activated a public corporation as its 'urban redevelopment agency' or designated a housing authority as its 'urban redevelopment agency' pursuant to Code Sections 36-61-17 and 36-61-18 of the 'Urban Redevelopment Law,' the local legislative body of such political subdivision may designate such public corporation as its redevelopment agency for the purposes of this chapter. Any action taken pursuant to the authority of this subsection shall be by resolution duly adopted by the local legislative body of the political subdivision. (d) Any county, municipality, and consolidated government, or any combination of such political subdivisions, by resolution of their respective local legislative bodies, may jointly create a public corporation, or designate an existing public corporation which already exercises 'redevelopment powers' under any other law, to serve as the common redevelopment agency on behalf of such political subdivisions. The membership of the board of directors and their terms of office of any such jointly created public corporation and the powers and duties of such public corporation shall be as mutually agreed upon by the local legislative bodies of the participating political subdivisions, as evidenced by a resolution duly adopted by each such local legislative body. In the event a public corporation is created or designated, as authorized in this Code section, to serve as the common redevelopment agency of two or more political subdivisions, then the area of operation of such redevelopment agency shall be the combined areas of operation of the political subdivisions jointly creating or designating such redevelopment agency. (e) A political subdivision may participate in the creation or designation of a public corporation to serve as a common redevelopment agency as provided by subsection (d) 5398 JOURNAL OF THE SENATE of this Code section as well as create or designate a public corporation to serve as the redevelopment agency of the political subdivision. In such event, the members of the board of directors of the public corporation created or designated as the redevelopment agency of the political subdivision may also serve, in accordance with the provisions of the resolution of the local legislative body of the political subdivision participating in the creation or designation of a public corporation to serve as a common redevelopment agency, as members of the board of directors of the jointly created public corporation. (f) For purposes of redevelopment in its downtown area, any municipality may designate a downtown development authority created pursuant to Chapter 42 of this title to serve as a redevelopment agency. Such designation shall not affect any other redevelopment agency that may exist as a part of the municipality. The area of operation of any downtown development agency designated as a redevelopment agency pursuant to this subsection shall not exceed the area of operation of the downtown development authority established pursuant to Chapter 42 of this title. 36-44-5. (a) Subject to the limitation of subsection (b) of this Code section, a political subdivision may exercise any powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the power to: (1) Describe the boundaries of one or more redevelopment areas within its area of operation, but any redevelopment area so described shall conform to the definition of a redevelopment area provided by paragraph (7) of Code Section 36-44-3; (2) Cause redevelopment plans to be prepared, to approve by resolution the plans, and to implement the provisions and effectuate the purposes of the plans; (3) Create within redevelopment areas tax allocation districts and define the boundaries thereof or designate an entire redevelopment area as a tax allocation district; (4) Define the boundaries of portions of a redevelopment area or an entire redevelopment area for the implementation of redevelopment plans other than plans calling for the creation of tax allocation districts; (5) Issue tax allocation bonds; (6) Deposit moneys into and disburse moneys from the special fund of any tax allocation district; (7) Enter into and execute any contracts, leases, mortgages, or other agreements, including agreements with bondholders or lenders, determined by the local legislative body to be necessary or convenient to implement the provisions and effectuate the purposes of redevelopment plans. The contracts or agreements may include conditions, restrictions, or covenants which either run with the land or otherwise regulate the use of land; (8) Acquire and retain or acquire and dispose of property or interests therein for redevelopment purposes or use or dispose of property or interests therein presently owned by the political subdivision for redevelopment purposes; and any disposition of such property or interests therein may be by public or private sale or lease; and FRIDAY, APRIL 3, 2009 5399 (9) Exercise, for the purposes of this chapter, any powers conferred upon political subdivisions by Chapter 61 of this title, the 'Urban Redevelopment Law.' (b) The powers granted to political subdivisions by subsection (a) of this Code section and by this chapter and any powers delegated to a redevelopment agency pursuant to Code Section 36-44-6 may be exercised only for the purpose of adopting and implementing redevelopment plans, but this limitation shall not be construed to interfere with the exercise of any power now or hereafter possessed by a political subdivision which is granted by any other law. 36-44-6. (a) Subject to the limitations of subsection (b) of this Code section, the local legislative body of a political subdivision, by resolution, may delegate any of its redevelopment powers to its redevelopment agency created or designated pursuant to Code Section 3644-4. The local legislative body shall have authority to delegate some or all such powers in such manner and pursuant to such terms and conditions as the local legislative body shall provide by resolution. Any such resolution shall specify any powers delegated to a redevelopment agency, and such resolution may be amended, modified, or repealed by the local legislative body adopting it. (b) Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements: (1) Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7; (2) The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision; (3) A tax allocation district must be created by resolution of the local legislative body of the political subdivision; (4) The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision; (5) The power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and (6) A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the 'Urban Redevelopment Law.' 36-44-7. (a) A redevelopment plan may be proposed by the redevelopment agency of a political subdivision, but such plan may not be implemented until it is approved by the adoption of a resolution of the local legislative body of the political subdivision as provided in this chapter. 5400 JOURNAL OF THE SENATE (b) When a proposed redevelopment plan is prepared, it shall be submitted by the redevelopment agency to the local legislative body. Within the 60 day period after the plan is submitted, the local legislative body shall hold at least one public hearing on the proposed redevelopment plan. The local legislative body shall cause the time, date, place, and purpose of each such public hearing to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of each public hearing. (c) Within 45 days after completing the public hearings required by subsection (b) of this Code section, the local legislative body of the political subdivision shall schedule and hold a meeting of the local legislative body for the purpose of considering the approval of the redevelopment plan. The local legislative body shall cause the date, time, place, and purpose of such meeting to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of such meeting. At such meeting the redevelopment plan shall be approved as submitted, amended and approved, or rejected and returned to the redevelopment agency for further consideration. Any redevelopment plan rejected by the local legislative body shall be returned to the redevelopment agency and shall be subject to the public hearing requirements of subsection (b) of this Code section if it is again submitted to the local legislative body for approval, either in the same or amended form. (d) Once approved by the local legislative body, a redevelopment plan may be amended only by the local legislative body of the political subdivision. The local legislative body shall cause the date, time, place, and purpose of any meeting of the local legislative body at which an amendment to a redevelopment plan is to be considered to be advertised in the same manner as prescribed by subsection (c) of this Code section for a meeting to consider the adoption of a redevelopment plan. 36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required: (1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem property taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which: FRIDAY, APRIL 3, 2009 5401 (A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies ad valorem property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that: (i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural, historical, or cultural assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem property taxes or general funds in calculation of the tax allocation increment. 36-44-9. (a) When a tax allocation district is created within the area of operation of a municipality by the local legislative body of such municipality, property taxes for computing tax allocation increments shall be based on all ad valorem property taxes 5402 JOURNAL OF THE SENATE levied by the municipality. If the municipality has an independent school system, ad valorem property taxes levied for educational purposes by the municipality shall be included in computing the tax allocation increments if the local legislative body of the municipality is empowered to make the determination of the municipal ad valorem tax millage rate for educational purposes. If the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the local legislative body of the municipality does not have the authority to modify such rate set by the board of education, the tax allocation increment shall not be computed on the basis of municipal taxes for educational purposes unless the board of education of the independent school system consents, by resolution duly adopted by said board of education, to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments. (b) County ad valorem property taxes may be included in the computation of tax allocation increments of a municipal tax allocation district if the local legislative body of the county consents to such inclusion by resolution duly adopted by said local legislative body. For those municipalities which do not have an independent school system, ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments of a municipal tax allocation district if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (c) When a tax allocation district is created within the area of operation of a county by the local legislative body of the county, property taxes for computing tax allocation increments shall be based on all county ad valorem property taxes levied for county governmental purposes. Ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments for a county tax allocation district if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (d) When a tax allocation district is created within the area of operation of a consolidated government by the local legislative body of the consolidated government, property taxes for computing tax allocation increments shall be based on all consolidated government ad valorem property taxes levied for consolidated government purposes. Ad valorem property taxes levied for school district purposes within the boundaries of the consolidated government may be included in the computation of tax allocation increments for a consolidated government tax allocation district if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (e) The resolution of any county, municipality, consolidated government or board of FRIDAY, APRIL 3, 2009 5403 education consenting to the inclusion of ad valorem property taxes in the computation of tax increments shall not specify the inclusion of any ad valorem property taxes not specified in the resolution creating the tax allocation district. (f) A county may pledge all or part of county general funds derived from a municipal tax allocation district for payment or security of payment of tax allocation bonds issued by the municipality and for payment of other redevelopment costs of the tax allocation district if the local legislative body of the county consents to the use of such general funds by resolution duly adopted by said local legislative body. (g) Any consent by a local board of education to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments and any authorization to use such funds for such purposes that was approved before January 1, 2009, and not rescinded or repealed prior to the effective date of this Code section is ratified and confirmed pursuant to the authority granted by Article IX, Section II, Paragraph VII of the Constitution, as amended by a resolution ratified at the November, 2008 general election, Ga. L. 2008, p. 777, to authorize the use of county, municipal, and school tax funds, or any combination thereof, for redevelopment purposes and programs notwithstanding Article VIII, Section VI or any other provision of the 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 or after January 1, 2009. 36-44-10. (a) No later than the effective date of the creation of the tax allocation district, the redevelopment agency shall apply, in writing, to the state revenue commissioner for a determination of the tax allocation increment base of the tax allocation district. Within a reasonable time, and not exceeding 60 days after the effective date of the creation of the tax allocation district, the state revenue commissioner shall certify such tax allocation increment base, as of the effective date of the creation of the tax allocation district, to the redevelopment agency, and such certification, unless amended pursuant to subsection (b) of this Code section, shall constitute the tax allocation increment base of the tax allocation district. (b) If the local legislative body of a political subdivision adopts an amendment to the resolution which created a tax allocation district and such amendment changes the boundaries of that tax allocation district so as to cause additional redevelopment costs for which tax allocation increments may be received by the political subdivision, the tax allocation increment base for the revised or amended district shall be redetermined pursuant to subsection (a) of this Code section as of the effective date of such amendment. The tax allocation increment base as redetermined under this subsection is effective for the purposes of this chapter only if it exceeds the original tax allocation increment base determined under subsection (a) of this Code section. (c) It is a rebuttable presumption that any property within a tax allocation district acquired or leased as lessee by the political subdivision, or any agency or instrumentality thereof, within one year immediately preceding the date of the creation 5404 JOURNAL OF THE SENATE of the district was so acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the political subdivision with proof that the property was so leased or acquired primarily for a purpose other than to reduce the tax allocation increment base. If the presumption is not rebutted, in determining the tax allocation increment base of the district, but for no other purpose, the taxable status of the property shall be determined as though such lease or acquisition had not occurred. (d) For each political subdivision whose area of operation includes a tax allocation district, the county board of tax assessors, joint city-county board of tax assessors, or board of tax assessors for a consolidated government, as the case may be, shall identify upon the tax digests of the political subdivision those parcels of property which are within each existing tax allocation district, specifying the name of each district. A similar notation shall appear on tax digests submitted to the state revenue commissioner pursuant to Code Section 48-5-302, relative to the submission of tax digests to the state revenue commissioner. (e) The county board of tax assessors, joint city-county board of tax assessors, or consolidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property subject to ad valorem property taxes within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11. 36-44-11. (a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders. General funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall also be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds have been paid or provided for, subject to any agreement with bondholders. (b)(1) Each county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such political subdivision, including but not limited to taxes collected for a political FRIDAY, APRIL 3, 2009 5405 subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem property taxes in the computation of tax allocation increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision. (2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9. (c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in proportion to the aggregate contribution of such taxes by such political subdivision less aggregate payments to such political subdivision pursuant to subparagraph (G) of paragraph (8) of Code Section 36-44-3 and in the same manner as 5406 JOURNAL OF THE SENATE the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund. 36-44-12. The existence of a tax allocation district shall terminate when the local legislative body, by resolution, dissolves the district, but no such resolution may be adopted until all redevelopment costs have been paid. 36-44-13. Payment of redevelopment costs may be made by any of the following methods or any combination thereof: (1) Payment by the political subdivision from the special fund of the tax allocation district; (2) Payment from the general funds of a political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; (3) Payment out of the proceeds of the sale of revenue bonds issued by the political subdivision pursuant to Chapter 61 of this title, the 'Urban Redevelopment Law,' and revenue bonds may be issued under such law for redevelopment purposes within the meaning of this chapter; (4) Payment out of the proceeds of the sale of tax allocation bonds issued by the political subdivision under this chapter; (5) Payment from the proceeds from any loans made to a political subdivision pursuant to the authority of Code Section 36-44-16; and (6) Lease payments and other payments pursuant to contracts under a redevelopment plan. 36-44-14. (a) Only for the purpose of paying redevelopment costs for a tax allocation district created under this chapter, the local legislative body may issue tax allocation bonds. Tax allocation bonds are declared to be negotiable instruments. Tax allocation bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (b) All tax allocation bonds, notes, and other obligations shall be authorized by resolution of the local legislative body, adopted by a majority vote of the members thereof at a regular or special meeting and without the necessity of a referendum or any electoral approval. The resolution shall state the name of the tax allocation district and the aggregate principal amount of the tax allocation bonds authorized. (c) Tax allocation bonds, notes, or other obligations issued by a local legislative body FRIDAY, APRIL 3, 2009 5407 under this chapter shall be payable solely from the property pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations, which property shall be limited to real or personal property acquired pursuant to this chapter and the proceeds from any source from which redevelopment costs may be paid under Code Section 36-44-13, but subject to the limitations of Code Sections 36-44-9 and 36-44-20. Each such bond, note, or other obligation shall contain recitals as are necessary to show that it is only so payable and that it does not otherwise constitute an indebtedness or a charge against the general taxing power of the political subdivision or county or independent board of education consenting to the use of property taxes as a basis for computing tax allocation increments or consenting to the use of general funds derived from the tax allocation district. (d) To increase the security and marketability of tax allocation bonds, notes, or other obligations, a local legislative body may: (1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed thereby or the revenues therefrom; and (2) Make covenants and do any and all acts not inconsistent with the Constitution or this chapter as may be necessary or convenient or desirable in order additionally to secure tax allocation bonds, notes, or other obligations or tend to make them more marketable according to the best judgment of the local legislative body. (e) Tax allocation bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 30 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the local legislative body authorizing the issuance of such tax allocation bonds, notes, or other obligations shall bind the members of the local legislative body then in office and their successors. (f) The local legislative body shall have power from time to time and whenever it deems it expedient to refund any tax allocation bonds by the issuance of new tax allocation bonds, whether or not the bonds to be refunded have matured, and may issue such bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold at such price as the local legislative body may determine and the proceeds applied to the purchase or redemption of the bonds to be refunded. (g) Tax allocation bonds may not be issued in an amount exceeding the estimated aggregated redevelopment costs for the tax allocation district. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state shall not apply to tax allocation bonds, notes, or other 5408 JOURNAL OF THE SENATE obligations of a local legislative body. (h) All tax allocation bonds issued by a local legislative body under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' except as provided in this chapter. (i) Tax allocation bonds issued by a local legislative body may be in such form and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (j) Tax allocation bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the county in which the issuing local legislative body is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (k) In lieu of specifying the rate or rates of interest which tax allocation bonds to be issued by a local legislative body are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate so specified, which rate may be fixed or may fluctuate or otherwise change from time to time; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of a local legislative body to sell such tax allocation bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (l) The term 'redevelopment costs' shall have the meaning prescribed in this chapter whenever that term is referred to in tax allocation bond resolutions of a local legislative body, in tax allocation bonds, notes, or other obligations of a local legislative body, or in notices or proceedings to validate such bonds, notes, or other obligations of a local legislative body. (m) Subject to the limitations and procedures provided by this chapter, the agreements or instruments executed by a local legislative body may contain such provisions not inconsistent with law as shall be determined by the local legislative body. (n) The proceeds derived from the sale of all tax allocation bonds, notes, and other obligations issued by a local legislative body shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, redevelopment costs or for the purpose of refunding any tax allocation bonds, notes, or other obligations issued in accordance with this chapter. (o) Issuance by a local legislative body of one or more series of tax allocation bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing FRIDAY, APRIL 3, 2009 5409 other tax allocation bonds, notes, or other obligations in connection with the same redevelopment plan or with any other redevelopment plan; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the local legislative body to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Once the political subdivision certifies by resolution that all tax allocation bonds contemplated by the redevelopment plan and all amendments thereto have been issued and all other redevelopment costs within a tax allocation district have been paid, all positive tax allocation increments collected within a tax allocation district shall be used to retire outstanding tax allocation bonds prior to their stated maturities, subject to any agreements made by the political subdivision with bondholders. (p) A local legislative body shall have the power and is authorized, whenever tax allocation bonds of the local legislative body shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The local legislative body may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the local legislative body may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing such notes of the local legislative body or any issue thereof may contain any provisions which the local legislative body is authorized to include in any resolution or resolutions authorizing bonds of the local legislative body to any issue thereof; and the local legislative body may include in any such notes any terms, covenants, or conditions which the local legislative body is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. 36-44-15. For the purpose of fixing the tax millage rate to fund the annual budget of each political subdivision or county or independent board of education having the power to levy taxes or set ad valorem tax millage rates on property located within a tax allocation district, which has consented to the inclusion of its ad valorem property taxes for the computation of tax allocation increments as provided in Code Section 36-44-9, the taxable value of property subject to ad valorem property taxes within a tax allocation district shall not exceed the tax allocation increment base of the district until the district is terminated. Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education 5410 JOURNAL OF THE SENATE consenting to the inclusion of its ad valorem property taxes as a basis for computing tax allocation increments, and any such rate may be increased or decreased at any time after the creation of a tax allocation district in the same manner and under the same authority that such rate has been previously fixed by such political subdivision or county or independent board of education. 36-44-16. As an additional source for financing redevelopment costs, a political subdivision or its redevelopment agency may borrow funds from financial institutions and, in connection therewith, may pledge or assign lease contracts or revenue received from lease contracts on property owned by the political subdivision or its redevelopment agency within a redevelopment area. A political subdivision or its redevelopment agency is authorized to enter into contracts with financial institutions for the purpose of exercising the authority provided by this Code section, and such contracts may obligate the political subdivision or its redevelopment agency for any number of years not exceeding 25. Contractual obligations incurred by a political subdivision pursuant to this Code section shall not constitute debt within the meaning of Article IX, Section V of the Constitution. 36-44-17. No political subdivision may create a tax allocation district when the total current taxable value of property subject to ad valorem property taxes within the proposed district plus the total current taxable value of property subject to ad valorem property taxes within all its existing tax allocation districts exceeds 10 percent of the total current taxable value of all taxable property located within the area of operation of the political subdivision. 36-44-18. It is specifically provided that Code Section 36-61-16 of the 'Urban Redevelopment Law,' which Code section provides for cooperation among public bodies for redevelopment purposes under said law, shall be applicable to the exercise of redevelopment powers provided by this chapter. 36-44-19. A political subdivision may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such contracts may include, without being limited to, contracts to convey or otherwise obligate real property for redevelopment under this chapter although that property has not yet been acquired at the time of contracting by the county or municipality. 36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may FRIDAY, APRIL 3, 2009 5411 use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that district's special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the district's special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan. 36-44-21. (a) No elected or appointed official or employee of a political subdivision or a board, commission, or redevelopment agency thereof shall voluntarily acquire any interest, direct or indirect, in any property included or planned to be included in a redevelopment area, or in any contract or transaction or proposed contract or transaction in connection with the redevelopment of that redevelopment area. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body. Any such elected or appointed official or employee who, within two years immediately prior to the date the plan is submitted to a local legislative body under subsection (b) of Code Section 36-44-7, acquires ownership or control of any interest, direct or indirect, in any property which is included in the redevelopment area designated in that plan and who retains that ownership or control at the time that such plan is so submitted shall, at least 30 days prior to the date scheduled for the local legislative body to adopt the plan, disclose the interest in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body, and that person shall not participate in any action by the political subdivision, board, commission, or redevelopment agency thereof which affects that property. Any disclosure required to be made by this subsection shall concurrently be made to the redevelopment agency. (b) Any contract or transaction in violation of subsection (a) of this Code section or disclosure of which is not made as provided in that subsection (a) shall be voidable by the local legislative body. This subsection shall not apply to any indenture, agreement, contract, or transaction which constitutes security, direct or indirect, for payment of bonds or other obligations incurred pursuant to a redevelopment plan, and the judgment and order confirming and validating any such bonds or other obligations shall constitute a final and conclusive adjudication as to any such security. (c) Failure by an official or employee to comply with subsection (a) of this Code section shall constitute misconduct in office. 5412 JOURNAL OF THE SENATE 36-44-22. Redevelopment powers under this chapter may not be exercised by any political subdivision unless so authorized by a local law relating thereto, which local law may limit but may not expand those redevelopment powers established by this chapter as to the local political subdivision to which the local law is applicable. Such local law, and all amendments thereto, shall become effective only if approved in a special election by a majority of the qualified voters voting of each political subdivision directly affected, which special election shall be held as provided in that local law, but in conformity with the requirements for special elections pursuant to Title 21. 36-44-23. The powers provided by this chapter are intended by the General Assembly to be cumulative and supplemental to any powers heretofore provided by law for counties, municipalities, and consolidated governments of this state and not in lieu of any such heretofore existing powers." SECTION 3. Said title is further amended in Chapter 80, relating to general provisions regarding counties, municipalities, and other governmental entities, by adding a new Code section to read as follows: "36-80-16.1. (a) This Code section shall be known and may be cited as the 'PILOT Restriction Act.' (b) As used in this Code section, 'payments in lieu of taxes' means payments made directly or indirectly: (1) Primarily in consideration of the issuance of revenue bonds or other revenue obligations and the application by the issuer of such bonds or other obligations of the proceeds of such bonds or other obligations to finance all or a portion of the costs of acquiring, constructing, equipping, or installing a capital project; and (2) In further consideration of the laws of the State of Georgia granting an exemption from ad valorem taxation for such capital project, to or for the account of the issuer of revenue bonds or other revenue obligations or the public bodies whose consent would otherwise be required, in the case of the separate payments provided for under subsection (d) of this Code section. Payments in lieu of taxes shall be deemed to be payments in lieu of taxes for educational purposes in the same proportion that property taxes for educational purposes would bear to total property taxes on such capital project if the project were subject to ad valorem property taxation. The term 'payments in lieu of taxes' shall not include payments made primarily in consideration for the use or occupancy of property, including but not limited to lease payments or rent paid under a lease, regardless of whether or not the lessee or tenant holds an interest that is taxable for property tax purposes. (c)(1) No local government authority, as defined in Code Section 36-80-16, shall be authorized to issue revenue bonds or other revenue obligations to finance, in whole or in part, any capital project if the terms governing such revenue bonds or other revenue FRIDAY, APRIL 3, 2009 5413 obligations provide for such capital project to be used primarily by a nongovernmental user or users that have no taxable property interest in any portion of such capital project and provide for such revenue bonds or other revenue obligations to be repaid, in whole or in part, through payments in lieu of taxes made by a nongovernmental user or users, unless: (A) Each of the local governments that have property tax levying authority in the area in which such capital project is located consents by ordinance or resolution to the use of payments in lieu of taxes for such purposes; and (B) In the case of payments in lieu of taxes for educational purposes, a consent is obtained that covers the use for such purposes of such payments in accordance with subsection (d) of this Code section, except that the terms governing such revenue bonds or other revenue obligations may provide for one or more of the public bodies, whose consent would otherwise be required, instead to receive, in such capacity, separate payments in lieu of taxes at least equal to the property taxes that such public body or bodies would have received if the capital project were subject to ad valorem taxation or in such other amount or amounts as may be agreed to by such public body or bodies. (2) No such revenue bonds or other revenue obligations may be so issued without compliance with the requirements of paragraph (1) of this subsection. (d)(1) When a capital project is located within the boundaries of a municipality with an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall cover the use of payments in lieu of taxes for educational purposes, provided that, if the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the legislative body of the municipality does not have the authority to modify such rate set by the board of education, the requisite consent shall be that of the board of education of the independent school system rather than that of the legislative body of the municipality. (2) For those municipalities which do not have an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall cover the use of payments in lieu of taxes for educational purposes if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (3) The use of payments in lieu of taxes levied for county school district purposes shall be covered by a consent under subparagraph (c)(1)(B) of this Code section if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (4) The use of payments in lieu of taxes levied for school district purposes within the boundaries of a consolidated government shall be covered by a consent under 5414 JOURNAL OF THE SENATE subparagraph (c)(1)(B) of this Code section if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (e) This Code section shall not affect revenue bonds or other revenue obligations which any local government authority has issued or which have been judicially validated on or before the effective date of this Code section. Each county board of tax assessors shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties and is specifically authorized, without limitation, to use a method or methods of valuation for leases related to revenue bonds or other revenue obligations issued by a local government authority for a capital project or projects to be leased primarily to a nongovernmental user or users, based on assessments of the increasing interest of the nongovernmental user or users in the real or personal property, or both, over the term of the lease, or to use a simplified method or methods employing a specified percentage or specified percentages of such leasehold interests. Each local government authority that is authorized to issue revenue bonds or other revenue obligations secured by a taxable property interest, such as a taxable lease of a capital project, shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties, including, in the case of development authorities, the development of trade, commerce, industry, and employment opportunities. Any local government or local government authority which directly or indirectly receives payments in lieu of taxes shall be authorized to use the same for any governmental or public purpose of such local government or local government authority." 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 Balfour of the 9th moved that the Senate adopt the Conference Committee Report on HB 63. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Buckner Y Bulloch Butler Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers Y Seabaugh N Seay Y Shafer Y Sims N Smith FRIDAY, APRIL 3, 2009 5415 Y Butterworth Y Chance N Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Staton Y Stoner Y Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 41, nays 11; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 63. The following bill was taken up to consider the Conference Committee Report thereto: HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 529 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 529 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Bulloch of the 11th /s/ Senator Heath of the 31st /s/ Senator Butterworth of the 50th /s/ Representative McCall of the 30th /s/ Representative Roberts of the 154th /s/ Representative England of the 108th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 529 5416 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exceptions; 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 or fish on their property or allow persons on such property for agritourism; to require the posting of certain signs; to provide for specifications for such signs; 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 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, is amended by adding a new Code section to read as follows: "2-1-6. (a) No county, municipality, consolidated government, or other political subdivision of this state shall adopt or enforce any ordinance, rule, regulation, or resolution regulating crop management or animal husbandry practices involved in the production of agricultural or farm products on any private property. (b) Subsection (a) of this Code section shall not prohibit or impair the power of any local government to adopt or enforce any zoning ordinance or make any other zoning decision. As used in this subsection, the terms 'local government', 'zoning decision', and 'zoning ordinance' have the same meanings provided by Code Section 36-66-3. (c) Subsection (a) of this Code section shall not prohibit or impair any existing power of a county, municipality, consolidated government, or other political subdivision of this state to adopt or enforce any ordinance, rule, regulation, or resolution regulating land application of human waste." SECTION 2. 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: "51-1-53. (a) For the purposes of this Code section, the term 'agritourism' shall carry the same meaning as set out in subparagraph (p)(7)(B) of Code Section 48-5-7.4. (b) A landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner's property or to enter the owner's property for the purposes of agritourism shall be immune from civil liability for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity, provided that: FRIDAY, APRIL 3, 2009 5417 (1) The landowner's conduct does not constitute gross negligence or willful and wanton misconduct; (2) The landowner has posted at the main point of entry, if present, to the property a sign with a warning notice stating the following: (A) In the case of agritourism: 'Warning Under Georgia law, there is no liability for an injury or death of a participant at least 18 years of age in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity.' (B) In the case of a landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner's property: 'Warning Under Georgia law, there is no liability for an injury or death of a hunting or fishing participant at least 18 years of age conducted at this location if such injury or death results from the inherent risks of such hunting or fishing activity. Inherent risks of hunting or fishing activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this hunting or fishing activity.' The warning notice specified in this paragraph shall appear on the sign in black letters, with each letter to be a minimum of one inch in height; and (3) The person who has paid admission to the landowner to enter such landowner's property to hunt, fish, or for the purposes of agritourism has signed a waiver of liability form stating that the person entering the landowner's property has waived all civil liability against the landowner for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity. Such waiver of liability form shall mirror the language provided for in paragraph (2) of this subsection regarding the warning notice. (c) This Code section shall be supplemental to all other provisions of law that provide defenses to property owners. This Code section shall not create any new cause of action against a property owner or additional liability to property owners." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and Section 2 of this Act shall apply to all causes of action arising on or after the effective date of this Act. 5418 JOURNAL OF THE SENATE 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 529. On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Jackson,W Y Johnson Jones N Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers N Seabaugh N Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 39, nays 13; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 529. The following bill was taken up to consider House action thereto: HB 57. By Representatives Powell of the 29th and Rice of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall FRIDAY, APRIL 3, 2009 5419 comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 57(HB 57/SCSFA/1) by inserting after "reserving" on line 142 the following: subsections (a) through (d) of Senator Murphy of the 27th moved that the Senate agree to the House amendment to the Senate substitute to HB 57. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown N Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Sims Y Smith Y Staton Y Stoner N Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 7; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 57. The following bill was taken up to consider House action thereto: HB 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the 5420 JOURNAL OF THE SENATE Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st moved that the Senate recede from its substitute to HB 56. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Chance N Chapman Y Cowsert Crosby Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Murphy Y Orrock Y Pearson Powell N Ramsey Y Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Staton N Stoner Y Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 41, nays 7; the motion prevailed, and the Senate receded from its substitute to HB 56. The following bill was taken up to consider House action thereto: SB 198. By Senators Tolleson of the 20th, Harp of the 29th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental FRIDAY, APRIL 3, 2009 5421 Protection Division necessary to achieve compliance with state and federal clean air laws; 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 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; to amend Code Section 12-9-48 of the Official Code of Georgia Annotated, relating to certificates of emission inspection, so as to provide for a time extension; 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 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, is amended by revising paragraph (11) of subsection (a) as follows: "(11) To prescribe by rule or regulation an administrative fee to be collected by the director from each emission inspection station in a manner determined by the board by rule or regulation to cover the direct and indirect cost of: (A) Required required and adequate oversight to confirm that inspections are being done in a proper and adequate manner, including, without limitation, the operation and maintenance of a data system and network for emission inspection data and related information; the performance of audits and quality control and quality assurance for certified emission inspection stations and licensed inspectors; the dissemination of information to individuals, corporations, governmental agencies, and any other entity regarding emission inspection requirements and related information; and the issuance of waivers, exemptions, and extensions of the emission inspection requirement; (B) Activities of the director within designated nonattainment areas that are necessary to achieve compliance with this article and the federal Clean Air Act including, without limitation, ambient monitoring, attainment plan development, maintenance plan development, emission inventories, data analysis, and coordination and consultation with other governmental planning organizations; and (C) Any any other requirements that the board determines are appropriate to 5422 JOURNAL OF THE SENATE implement, enforce, and ensure compliance with the requirements of this article and the rules and regulations promulgated pursuant to this article; provided, however, that $1.00 of each such administrative fee shall be remitted to the county for each responsible motor vehicle that is registered in that county; and" SECTION 2. Code Section 12-9-48 of the Official Code of Georgia Annotated, relating to certificates of emission inspection, is revised by adding a new subsection (e) and redesignating existing subsections (e) through (i) as (f) through (j), as follows: "(e) A time extension, not to exceed the period of the inspection frequency, may be granted to obtain needed repairs on a vehicle in the case of economic hardship when waiver requirements contained in subsection (d) of this Code section have not been met. After having received a time extension under this subsection, a vehicle must fully pass the applicable test standards before becoming eligible for another time extension." 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 Tolleson of the 20th moved that the Senate agree to the House substitute to SB 198. On the motion, a roll call was taken and the vote was as follows: Adelman Y Balfour Y Brown Y Buckner Bulloch Y Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Unterman Y Weber FRIDAY, APRIL 3, 2009 5423 Y Hamrick Y Harbison Y Harp Powell N Ramsey Y Reed Y Wiles Y Williams On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 198. The following bill was taken up to consider the Conference Committee Report thereto: HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; 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 189 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 189 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Harp of the 29th /s/ Senator Cowsert of the 46th /s/ Representative Butler of the 18th /s/ Representative Willard of the 49th /s/ Representative Golick of the 34th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 189 A BILL TO BE ENTITLED AN ACT 5424 JOURNAL OF THE SENATE To amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," so as to correct a cross-reference; to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide for oversight by the administrator of private child support collection; to provide for definitions; to provide for contractual requirements; to provide for private child support collectors to register with the Secretary of State; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of such contracts; to provide for other remedies; 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 change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to change provisions relating to confidentiality of information and records held by the department; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SECTION 1. Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," is amended by revising paragraph (7) of subsection (c) as follows: "(7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the 'Fair Business Practices Act of 1975';" SECTION 2. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended by revising subsection (a) of Code Section 10-1-392, relating to definitions, as follows: "(a) As used in this part, the term: (1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate. (1.1)(2) 'Campground membership' means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (1.2)(3) 'Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased the right periodically to use the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (1.3)(4) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, FRIDAY, APRIL 3, 2009 5425 counseling as to interview techniques, and the identification of prospective employers. A 'career consulting firm' shall not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34. (5) 'Child support enforcement' means the action, conduct, or practice of enforcing a child support order issued by a court or other tribunal. (2)(6) 'Consumer' means a natural person. (2.1)(7) 'Consumer acts or practices' means acts or practices intended to encourage consumer transactions. (2.2)(8) 'Consumer report' means any written or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity which is used or intended to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for: (A) Credit or insurance to be used primarily for personal, family, or household purposes; or (B) Employment consideration. (2.3)(9) 'Consumer reporting agency' or 'agency' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (3)(10) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. (11) 'Department' means the Department of Human Resources. (4)(12) 'Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (5)(13) 'Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in with respect of to any such documentary material. (5.1)(14) 'File' means, when used in connection with information on any consumer, all of the information on that consumer recorded or retained by a consumer reporting agency regardless of how the information is stored. (5.2)(15) 'Going-out-of-business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a 5426 JOURNAL OF THE SENATE sale because the person is going out of business, liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the business, or selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt bankruptcy sale, save us from bankruptcy sale, insolvent insolvency sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale. (6)(16) 'Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following: (A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or (C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. (6.1)(17) 'Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility. (6.2)(18) 'Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (19) 'Obligee' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as the payee to whom an obligor owes child support. (20) 'Obligor' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as required to make child support payments. (6.3)(21) 'Office' means any place where business is transacted, where any service is supplied by any person, or where any farm is operated. (6.4)(22) 'Office supplier' means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm. (6.5)(23) 'Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship, goods, services, or property to any person to be used FRIDAY, APRIL 3, 2009 5427 in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property is purchased, leased, or rented by the office or farm for purposes of reselling them to other persons. (7)(24) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (25) 'Private child support collector' means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for a fee or other compensation but shall not include attorneys licensed to practice law in this state unless such attorney is employed by a private child support collector. (7.1)(26) 'Prize' means a gift, award, or other item intended to be distributed or actually distributed in a promotion. (8)(27) 'Promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize or to determine which, if any, prize they will receive. Promotions shall not include any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize does not involve an element of chance. Any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the receipt of that prize involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of Georgia or the Georgia Lottery Corporation as authorized by law; provided, further, that any deposit made in connection with an activity described by subparagraph (b)(22)(B) of Code Section 101-393 shall not constitute the payment of money. (9)(28) 'Trade' and 'commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value wherever situate and shall include any trade or commerce directly or indirectly affecting the people of the this state." SECTION 3. Said part is further amended by adding two new Code sections to read as follows: "10-1-393.9. (a) Private child support collectors shall register with the Secretary of State and shall provide information as requested by the Secretary of State, including, but not limited to, the name of the private child support collector, the office address and telephone number for such entity, and the registered agent in this state on whom service of process is to be made in a proceeding against such private child support collector. 5428 JOURNAL OF THE SENATE (b) An application for registration shall be accompanied by a surety bond filed, held, and approved by the Secretary of State, and the surety bond shall be: (1) Issued by a surety authorized to do business in this state; (2) In the amount of $50,000.00; (3) In favor of the state for the benefit of a person damaged by a violation of this Code section; and (4) Conditioned on the private child support collector's compliance with this Code section and Code Section 10-1-393.10 and the faithful performance of the obligations under the private child support collector's agreements with its clients. (c) In lieu of a surety bond, the Secretary of State may accept a deposit of money in the amount of $50,000.00. The Secretary of State shall deposit any amounts received under this subsection in an insured depository account designated for that purpose. 10-1-393.10. (a) Any contract for the collection of child support between a private child support collector and an obligee shall be filed by the private child support collector with the Governor's Office of Consumer Affairs. (b) Any contract for the collection of child support between a private child support collector and an obligee shall be in writing, in at least ten-point type, and signed by such private child support collector and obligee. The contract shall include: (1) An explanation of the nature of the services to be provided; (2) An explanation of the amount to be collected from the obligor by the private child support collector and a statement of a sum certain of the total amount that is to be collected by the private child support collector that has been engaged by the obligee; (3) An explanation in dollar figures of the maximum amount of fees which could be collected under the contract and an example of how fees are calculated and deducted; (4) A statement that fees shall only be charged for collecting past due child support, although the contract may include provisions to collect current and past due child support; (5) A statement that a private child support collector shall not retain fees from collections that are primarily attributable to the actions of the department and that a private child support collector shall be required by law to refund any fees improperly retained; (6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates; (7) The mailing address, telephone numbers, facsimile numbers, and e-mail address of the private child support collector; (8) A statement that the private child support collector shall only collect money owed to the obligee and not child support assigned to the State of Georgia; (9) A statement that the private child support collector is not a governmental entity and that the department provides child support enforcement services at little or no cost to the obligee; and FRIDAY, APRIL 3, 2009 5429 (10) A statement that the obligee may continue to use or pursue services through the department to collect child support. (c) A private child support collector shall not: (1) Improperly retain fees from collections that are primarily attributable to the actions of the department. If the department or an obligee notifies a private child support collector of such improper fee retention, such private child support collector shall refund such fees to the obligee within seven business days of the notification of the improper retention of fees and shall not be liable for such improper fee retention. A private child support collector may require documentation that the collection was primarily attributable to the actions of the department prior to issuing any refund; (2) Charge fees in excess of one-third of the total amount of child support payments collected; (3) Solicit obligees using marketing materials, advertisements, or representations reasonably calculated to create a false impression or mislead an obligee into believing the private child support collector is affiliated with the department or any other governmental entity; (4) Use or threaten to use violence or other criminal means to cause harm to an obligor or the property of the obligor; (5) Falsely accuse or threaten to falsely accuse an obligor of a violation of state or federal laws; (6) Take or threaten to take an enforcement action against an obligor that is not authorized by law; (7) Represent to an obligor that the private child support collector is affiliated with the department or any other governmental entity authorized to enforce child support obligations or fail to include in any written correspondence to an obligor the statement that 'This communication is from a private child support collector. The purpose of this communication is to collect a child support debt. Any information obtained will be used for that purpose.'; (8) Communicate to an obligor's employer, or his or her agent, any information relating to an obligor's indebtedness other than through proper legal action, process, or proceeding; (9) Communicate with an obligor whenever it appears the obligor is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondences, return telephone calls, or discuss the obligation in question, or unless the attorney and the obligor consent to direct communication; (10) Contract with an obligee who is owed less than three months of child support arrearages; or (11) Contract with an obligee for a sum certain to be collected which is greater than the total sum of arrearages and the statutory interest owed as of the date of execution of the contract. (d) In addition to any other cancellation or termination provisions provided in the contract between a private child support collector and an obligee, the contract shall be 5430 JOURNAL OF THE SENATE cancelled or terminate if: (1) The obligee requests cancellation in writing within 30 days of signing the contract; (2) The obligee requests cancellation in writing after any 12 consecutive months in which the private child support collector fails to make a collection; (3) The private child support collector breaches any term of the contract or violates any provision contained within this Code section; or (4) The amount to be collected pursuant to the contract has been collected. (e) When it reasonably appears to the administrator that a private child support collector has contracted with obligees on or after July 1, 2009, using a contract that is not in compliance with this Code section, the administrator may demand pursuant to Code Section 10-1-403 that such private child support collector produce a true and accurate copy of each such contract. If such private child support collector fails to comply or the contracts are determined by the administrator to not be compliant with the provisions of this Code section, the administrator may utilize any of the powers vested in this part to ensure compliance. (f) Upon the request of an obligee, the Child Support Enforcement Agency of the department shall forward child support payments made payable to the obligee to any private child support collector that is in compliance with the provisions of this Code section and Code Section 10-1-393.9. (g) The remedies provided in this part shall be cumulative and shall be in addition to any other procedures, rights, or remedies available under any other law. (h) Any waiver of the rights, requirements, and remedies provided by this Code section that are contained in a contract between a private child support collector and an obligee violates public policy and shall be void." SECTION 4. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," is amended by revising subsection (f) of Code Section 19-11-18, relating to collection procedures, as follows: "(f) Notwithstanding any other provision of this title to the contrary, any child support being held by the Child Support Enforcement Agency of the Department of Human Resources department shall be paid to the custodial parent, legal guardian, or caretaker relative having custody of or responsibility for a child within 30 two days from receipt of same by the enforcement agency." SECTION 5. Said article is further amended by revising subsection (a) of Code Section 19-11-30, relating to confidentiality of information and records held by the department, as follows: "(a)(1) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically FRIDAY, APRIL 3, 2009 5431 authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. (2) The department shall provide to an attorney representing an obligee or to a private child support collector, as defined in Code Section 10-1-392, hired by an obligee and acting pursuant to a power of attorney signed by such obligee, any documents which such obligee would be entitled to request and receive from the Child Support Enforcement Agency of the department." SECTION 6. This Act shall become effective on July 1, 2009, and shall be applicable to all contracts for private collection of child support payment entered into on or after such effective date. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Harp of the 29th moved that the Senate adopt the Conference Committee Report on HB 189. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Rogers Y Seabaugh Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C 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 adopted the Conference Committee Report on HB 189. 5432 JOURNAL OF THE SENATE The following bill was taken up to consider the Conference Committee Report thereto: HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd: A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; 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 251 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 251 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Weber of the 40th /s/ Senator Moody of the 56th /s/ Senator Johnson of the 1st /s/ Representative Morgan of the 39th /s/ Representative Coleman of the 97th /s/ Representative Casas of the 103rd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 251 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 the option for parents to enroll their child in another school within the local school system or in a school in another local school system; to provide for definitions; to provide for statutory construction; to provide for certain notifications regarding available space in classrooms; to provide for nepotism restrictions for eligibility for members of local boards of education and for local school superintendents; 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: FRIDAY, APRIL 3, 2009 5433 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 to read as follows: "ARTICLE 34 20-2-2130. As used in this article, the term: (1) 'Department' means the Department of Education. (2) 'Parent' means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child. 20-2-2131. (a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. (2) No later than July 1, 2009, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of paragraph (1) of this subsection. (3) A student who transfers to another school pursuant to this subsection may, at his or her election, continue to attend such school until the student completes all grades of the school. (4) This subsection shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local board of education pursuant to a transfer authorized under the federal No Child Left Behind Act (P.L. 107-110). (b) The department shall establish a model universal, streamlined process to implement the transfer provisions of this Code section. Each local board of education shall adopt a universal, streamlined transfer process that includes, at a minimum, such state model. Such local process shall include a deadline for submitting transfer requests. (c) Each local school system shall annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article. (d) The local school system shall notify parents by July 1 of each year which schools have available space and to which of these schools parents may choose to request a transfer for their children. (e) This Code section shall not apply to charter schools. (f) This Code section shall not apply to newly opened schools with available classroom space for a period of four years after the school opens." 5434 JOURNAL OF THE SENATE SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 20-2-51, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, as follows: "(c)(1) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. No person employed by a local board of education shall be eligible to serve as a member of that board of education. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. This subsection paragraph shall not apply to institutions above the high school level. (2) No person who has an immediate family member sitting on a local board of education or serving as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system shall be eligible to serve as a member of such local board of education. As used in this paragraph, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2009. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes a local board of education member for that school system." SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 20-2-101, relating to appointment of county school superintendents, as follows: "(b)(1) 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. (2) No person shall be eligible to be appointed, employed, or to serve as superintendent of schools of any county or independent school system who has an immediate family member sitting on the local board of education for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009, by that school system. As used in this subsection, the term 'immediate family member' shall have the same meaning as in subsection (c) of Code Section 20-2-51. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes the superintendent for that school FRIDAY, APRIL 3, 2009 5435 system." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 1st moved that the Senate adopt the Conference Committee Report on HB 251. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown N Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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,L Y Jackson,W Y Johnson N Jones Y Moody Y Mullis N Murphy N Orrock Y Pearson Powell Ramsey Y Reed Y Rogers Y Seabaugh N Seay Y Shafer N Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 42, nays 11; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 251. The following bill was taken up to consider the Conference Committee Report thereto: HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official 5436 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; 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 457 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 457 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Unterman of the 45th /s/ Senator Balfour of the 9th /s/ Senator Smith of the 52nd /s/ Representative Peake of the 137th /s/ Representative Carter of the 159th /s/ Representative Ehrhart of the 36th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 457 A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; 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 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising paragraph (6) of Code Section 30-5-3, relating to definitions, as follows: "(6) 'Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated or has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia, as defined in Code Section 49-6-72." FRIDAY, APRIL 3, 2009 5437 SECTION 2. Said chapter is further amended by revising Code Section 30-5-8, relating to criminal offenses and penalties, as follows: "30-5-8. (a)(1) In addition to any other provision of law, the abuse, neglect, or exploitation of any disabled adult or elder person shall be unlawful. (2) In addition to any other provision of law, it shall be unlawful for a person to act with the specific intent to abuse, neglect, or commit exploitation of any disabled adult. For purposes of this paragraph only, the term 'disabled adult' means a person 18 years of age or older who is: (A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and (B) Mentally or physically incapacitated or has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia, as defined in Code Section 49-6-72. An owner, officer, administrator, or board member of a long-term care facility shall not be held criminally liable for the actions of a person who is convicted pursuant to this paragraph. Nothing in this paragraph shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided under any other law. (2)(3) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. (c) Any violation of this Code section shall constitute a separate offense." 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 HB 457. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Y Butler Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith 5438 JOURNAL OF THE SENATE Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 457. The following bill was taken up to consider the Conference Committee Report thereto: HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; 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 283 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 283 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: FRIDAY, APRIL 3, 2009 5439 /s/ Senator Smith of the 52nd /s/ Senator Hamrick of the 30 /s/ Senator Cowsert of the 46th /s/ Representative Martin of the 47th /s/ Representative Willard of the 49th /s/ Representative Weldon of the 3rd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 283 A BILL TO BE ENTITLED AN ACT To revise provisions relating to financing and operations of the judicial branch of government; to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, so as to change provisions relating to the expenses of the board and the amount and disposition of examination 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 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, is amended by revising Code Section 5-6-4, relating to a bill of costs, payment of costs, filing of an affidavit of indigence, and payment of costs or filing of an affidavit as a prerequisite to the receipt of an application for appeal or brief by the clerk, as follows: "5-6-4. The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $80.00 in criminal cases and in habeas corpus cases for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court and $300.00 in all other civil cases. The costs shall be paid by counsel for the applicant or appellant at the time of the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs. Costs shall not be required in those instances when at the time the same are due counsel for the applicant or appellant shall file a statement that an affidavit of indigence has been duly filed or file an affidavit that he or she was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or a sufficient affidavit of 5440 JOURNAL OF THE SENATE indigence is filed or contained in the record." SECTION 2. Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, is amended by revising Code Section 15-19-2, relating to the rules of governing the Board of Bar Examiners, expenses of the board, and the amount and disposition of examination fees, as follows: "15-19-2. (a) It shall be the duty of the Justices of the Supreme Court to appoint and fix the number, terms, and compensation of the Board of Bar Examiners, whose powers and duties shall be as set forth by the Supreme Court by rule. All salaries, fees, and other expenses incurred in administering the Board of Bar Examiners and the examinations conducted by the board shall be paid by the Supreme Court from an appropriation made to the Supreme Court for that purpose. (b) All fees paid by applicants for admission to the bar by examination shall be paid into the general funds of the treasury. The Supreme Court, upon recommendation by the board, shall by rule set the amount of the examination fee to be paid by the applicants for admission to the bar by examination and shall direct to whom and when the fee shall be paid. The examination fee shall be reasonable and shall be determined in such a manner that the total amount of the fees charged and collected by the board in each fiscal year shall approximate the direct and indirect costs to the state of administering the examination. The amount of the fee to be paid by the applicant shall not exceed $90.00." SECTION 3. Section 1 of this Act shall become effective on July 1, 2009, and Section 2 of 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 Smith of the 52nd moved that the Senate adopt the Conference Committee Report on HB 283. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Buckner Y Bulloch N Butler Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Rogers Y Seabaugh Y Seay N Shafer Y Sims Y Smith FRIDAY, APRIL 3, 2009 5441 Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp N Hudgens Y Jackson,L Y Jackson,W N Johnson Y Jones Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Staton Stoner Y Tarver N Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 6; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 283. The following bill was taken up to consider House action thereto: HB 485. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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. The House amendment to the Senate amendment was as follows: Amend the Senate amendment to HB 485 (AM 33 0841) by striking lines 1 through 18 and inserting in their place the following: Amend HB 485 by striking lines 1 through 92 and inserting in their place the following: To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide for alternative tax credits for base year 5442 JOURNAL OF THE SENATE port traffic; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Improved Taxpayer Customer Service Act of 2009." SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (4) of subsection (a) of Code Section 48-2-8, relating to powers of the state revenue commissioner, as follows: "(4) Subpoena the attendance of witnesses and require the production of books, papers, records, and documents and, subject to the rights of the taxpayer as to rights of privacy guaranteed to him the taxpayer by the Constitution and laws of this state, may examine such items and the books, records, inventories, or business of any taxpayer or of any fiduciary, bailee, or other person having knowledge of the tax liability of any taxpayer or knowledge pertinent to the investigation or inquiry. The subpoena may be served by the commissioner or the commissioner's authorized representative to such person at the person's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. If such person refuses to accept service of a subpoena by registered or certified mail or statutory overnight delivery, the subpoena shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service, and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the subpoena. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner." SECTION 3. Said title is further amended by revising Code Section 48-2-35, relating to tax refunds, as follows: "48-2-35. (a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees at the rate of 1 percent per month from the date of payment of the tax or fee to the commissioner. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance FRIDAY, APRIL 3, 2009 5443 the person to whom the refund is to be made, the amount of the refund, and the reason for the refund. (b) No interest shall be paid if the taxes or fees were erroneously or illegally assessed and collected due to the taxpayer failing to claim any credits listed in Article 2 of Chapter 7 of this title on or before the due date for filing the applicable income tax return, including any extensions which have been granted. (c)(1)(A) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after: (i) The date of the payment of the tax or fee to the commissioner; or (ii) In the case of income taxes, the later of the date of the payment of the tax or fee to the commissioner or the due date for filing the applicable income tax return, including any extensions which have been granted. (B) Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies and an identification of the transactions being contested. (C) Should any person be prevented from filing such an application a claim because of service of such person or such person's counsel in the armed forces during such period, the period of limitation shall date from the discharge of such person or such person's counsel from such service. (D) A claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (2) In the event the taxpayer desires a conference or hearing before the commissioner or the commissioner's delegate in connection with any claim for refund, he or she shall specify such desire in writing in the claim and, if the claim conforms with the requirements of this Code section, the commissioner shall grant a conference at a time he or she shall reasonably specify. A taxpayer may contest any claim for refund that is denied in whole or in part by filing with the commissioner a written protest at any time within 30 days from the date of notice of refund denial or partial payment. Such 30 day period shall be extended for such additional period as may be agreed upon in writing between the taxpayer and the commissioner during the initial 30 day period or any extension thereof. In the event the taxpayer wishes to request a conference, that request shall be included in the written protest. All protests shall be prepared in the form and contain such information as the commissioner shall reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies, an identification of the transactions being contested, and the reasons for disputing the findings of the commissioner. The commissioner shall grant a conference before the commissioner's designated officer or agent at a time specified and shall make reasonable rules governing the conduct of conferences. The discretion given in this Code section to the commissioner shall be reasonably exercised on all occasions. (3) The commissioner or his or her the commissioner's delegate shall consider information contained in the taxpayer's claim for refund, together with such other information as may be available, and shall approve or disapprove deny the taxpayer's 5444 JOURNAL OF THE SENATE claim and notify the taxpayer of his or her the action. (4) Any taxpayer whose claim for refund is denied by the commissioner or his or her the commissioner's delegate or whose claim is not decided by the commissioner or his or her the commissioner's delegate within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of the county of the residence of the taxpayer, except that: (A) If the taxpayer is a public utility or a nonresident, the taxpayer shall have the right to bring an action for a refund in the superior court of the county in which is located the taxpayer's principal place of doing business in this state or in which the taxpayer's chief or highest corporate officer or employee resident in this state maintains his or her an office; or (B) If the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident and maintaining his or her an office in this state, the taxpayer shall have the right to bring an action for a refund in the Superior Court of Fulton County or in the superior court of the county in which the commissioner in office at the time the action is filed resides. (5) An action for a refund pursuant to paragraph (4) of this subsection may shall not be brought by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (6)(A) No action or proceeding for the recovery of a refund under this Code section shall be commenced before the expiration of one year from the date of filing the claim for refund unless the commissioner or his or her the commissioner's delegate renders a decision on the claim within that time, nor shall any action or proceeding be commenced after the later of: (i) The expiration of two years from the date the claim is denied; or (ii) If a valid protest is filed under paragraph (2) of this subsection, 30 days after the date of the department's notice of decision on such protest. (B) The two-year period prescribed in this paragraph for filing an action for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the commissioner during the two-year prior to the expiration of such period or any extension thereof. (d) In the event any taxpayer's claim for refund is approved by the commissioner or his or her the commissioner's delegate and the taxpayer has not paid other state taxes which have become due, the commissioner or department may set off the unpaid taxes offset any existing liabilities against the refund. When Once the setoff offset authorized by this subsection is exercised occurs, the refund shall be deemed granted and the amount of the setoff offset shall be considered for all purposes as a payment toward the particular tax debt which is being set off liabilities at issue. Any excess refund remaining amount after the setoff has any offsets have been applied shall be refunded to the taxpayer at the same time the offset is taken. (e) This Code section shall not apply to taxes paid or stamps purchased for alcoholic beverages pursuant to Title 3. (f) For purposes of all claims for refund of sales and use taxes erroneously or illegally FRIDAY, APRIL 3, 2009 5445 assessed and collected, the term 'taxpayer,' as defined under Code Section 48-2-35.1, shall apply." SECTION 4. Said title is further amended by revising Code Section 48-2-35.1, relating to sales and use tax refunds, as follows: "48-2-35.1. (a) Except as provided for in this subsection, for the purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer' as used in Code Section 48-2-35 shall mean a dealer as defined in Code Section 48-8-2 that collected and remitted erroneous or illegal sales and use taxes to the commissioner. A person that has erroneously or illegally paid sales taxes to a dealer that collected and remitted such taxes to the commissioner may elect to seek a refund from such dealer. Alternatively, such person may file a claim for refund either initially with the commissioner or with the commissioner after being unable to obtain a refund from such dealer and shall also be considered a taxpayer for purposes of filing a claim for refund under Code Section 48-2-35, but only if such person: (1) When filing a refund claim initially with the commissioner, provides the department with a notarized form prescribed by the commissioner and executed by the dealer affirming that the dealer: (A) Has not claimed or will not claim a refund of the same tax included in the person's request for refund; (B) Will provide to the person any information or documentation in the dealer's possession needed for submission to the department to support or prove the claim for refund; (C) Has remitted to the state the taxes being sought for refund; and (D) Has not taken or will not take a credit for taxes being sought for refund; or (2)(A) When filing a refund claim with the commissioner after being unable to obtain a refund from such dealer, such person provides a letter or other information as may be requested by the commissioner that either: (i) The dealer refused or was unable to refund the erroneously or illegally assessed and collected taxes; or (ii) The dealer did not act upon the person's written request for refund of the erroneously or illegally assessed and collected taxes within 90 days from the date of such request for refund. (B) Upon acceptance of such letter or information by the commissioner, the dealer shall be deemed to have assigned all rights to the refund to such person. (b) If a certificate or exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase tangible personal property or taxable services without the payment of sales and use tax has not been obtained and used prior to purchasing such tangible personal property or taxable services, a refund of sales and use taxes shall be made without interest." 5446 JOURNAL OF THE SENATE SECTION 5. Said title is further amended by revising Code Section 48-2-55, relating to garnishments and levies, by revising paragraph (2) of subsection (b) as follows: "(2) The commissioner or his the commissioner's authorized representative may use garnishment to collect any tax, fee, license, penalty, interest, or collection costs due the state which are imposed by this title or which the commissioner or the department is responsible for collecting under any other law. Garnishment may be issued by the commissioner or his the commissioner's authorized representative against any person whom he the commissioner believes to be indebted to the defendant or who has property, money, or effects in his such person's hands belonging to the defendant. The summons of garnishment shall be served by the commissioner or his the commissioner's authorized representative, shall be served at least 15 days before the sitting of the court to which the summons is made returnable, and shall be returned to either the superior court or the state court of the county in which the garnishee is served. The commissioner or his the commissioner's authorized representative shall enter on the execution the names of the persons garnished and shall return the execution to the appropriate court. All subsequent proceedings shall be the same as provided by law regarding garnishments in other cases when judgment has been obtained or execution issued. In addition to any other methods of service, the summons of garnishment may be served by the commissioner or the commissioner's authorized representative to the garnishee by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the garnishee or the envelope bearing the official notification from the United States Postal Service of the garnishee's refusal to accept delivery of such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the garnishment is pending. If statutory overnight delivery was accomplished through a commercial firm as provided under paragraph (1) of subsection (b) of Code Section 9-10-12, the return receipt indicating receipt by the garnishee or the envelope bearing the official notification of such commercial firm of the garnishee's refusal to accept delivery shall be filed with the clerk of the court in which garnishment is pending. If a garnishee refuses to accept service of a summons of garnishment by registered or certified mail or statutory overnight delivery, the summons of garnishment shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service and the garnishee shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the summons of garnishment. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner." SECTION 6. Said title is further amended in Code Section 48-7-29.16, relating to qualified education tax credits, by revising subsection (g) as follows: FRIDAY, APRIL 3, 2009 5447 "(g) In order for the taxpayer to claim the student scholarship organization tax credit under this Code section, a letter of confirmation of donation issued by the student scholarship organization to which the contribution was made shall be attached to the taxpayer's tax return. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit." SECTION 7. Said title is further amended by adding a new Code section to read as follows: "48-7-40.15A. (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 (TEU's) of product actually imported into this state or exported out of this state 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 imported into this state or exported out of this state during such period was not at least 75 net tons, five containers, or ten twentyfoot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (2) 'Business enterprise' means any business located in a tier two or tier three county established pursuant to Code Section 48-7-40 and in a less developed area established pursuant to Code Section 48-7-40.1 and which qualifies and receives the tax credit under Code Section 48-7-40.1 and which: (A) Consists of a distribution facility of greater than 650,000 square feet in operation in this state prior to December 31, 2008; (B) Distributes product to retail stores owned by the same legal entity or its subsidiaries as such distribution facility; and (C) Has a minimum of 8 retail stores in this state in the first year of operations. (3) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility. (4) '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. 5448 JOURNAL OF THE SENATE (b)(1) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 or 48-7-40.1 for jobs added at any time on or after January 1, 1998, there shall be allowed an additional $1,250.00 job tax credit against the tax imposed under this article. (2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 and shall be in addition to the credit allowed under Code Section 48-7-40; provided, however, that such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section. (c) No business enterprise shall be authorized to claim the credits provided for in both subsection (b) of this Code section and subsection (b) of Code Section 48-7-40.15 on a tax return for any taxable year unless such business enterprise has increased its port traffic of products during the previous 12 month period by more than 20 percent above its base year port traffic and has increased employment by 400 or more no sooner than January 1, 1998. (d)(1) The credit granted under this Code section shall be subject to the following conditions and limitations: (2) For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's state income tax return which shall set forth the following information, as a minimum, in addition to the information required under Code Sections 48-7-40 and 48-7-40.2 or 48-7-40.7: (A) A description of how the base year port traffic and the increase in port traffic was determined; (B) The amount of the base year port traffic; (C) The amount of the increase in port traffic for the taxable year, including information which demonstrates an increase in port traffic in excess of the minimum amount required to claim the tax credit under this Code section; (D) Any tax credit utilized by the taxpayer in prior years; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years. (3)(A) Any tax credit claimed under subsection (b) of this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, provided that the increase in port traffic remains above the minimum levels established in Code Section 48-740 and this Code section, respectively. (B) The tax credit established by this Code section in lieu of Code Section 48-740.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable FRIDAY, APRIL 3, 2009 5449 year. (C) The tax credit established by this Code section in addition to that pursuant to Code Section 48-7-40 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (D) The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer. (e) No tax credit may be claimed and allowed pursuant to this Code section for any jobs created on or after January 1, 2015." SECTION 8. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 6 of this Act shall become effective upon this Act's 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 9. All laws and parts of laws in conflict with this Act are repealed. Senator Chance of the 16th moved that the Senate agree to the House amendment to the Senate amendment to HB 485. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown Buckner Y Bulloch N Butler Y Butterworth Y Chance Y Chapman N Cowsert Y Crosby Y Douglas Y Fort Y Goggans Golden Y Grant Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson,L Y Jackson,W Y Johnson Y Jones Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas Y Thompson,C Thompson,S N Tolleson Unterman Y Weber 5450 JOURNAL OF THE SENATE Y Hamrick Harbison Harp Powell N Ramsey Y Reed Y Wiles Y Williams On the motion, the yeas were 42, nays 6; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 485. The following bill was taken up to consider the Conference Committee Report thereto: HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; 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 169 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 169 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Unterman of the 45th /s/ Senator Tolleson of the 20th /s/ Representative Manning of the 32nd /s/ Representative Knight of the 126th /s/ Representative Carter of the 159th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 169 A BILL TO BE ENTITLED AN ACT To amend Titles 12 and 50 of the Official Code of Georgia Annotated, relating, FRIDAY, APRIL 3, 2009 5451 respectively, to conservation and natural resources and state government, so as to provide for permits for the construction and maintenance of boat shelters on High Falls Lake; to provide for a transition period; to provide for a fee; to provide for inspections; to provide for notices to affected property owners and local governments whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations that are proposed for any property located in the regulatory floodway or elsewhere in this state; to provide for the manner and contents of such notices; to provide for related matters; to abolish the Georgia Golf Hall of Fame; 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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-3-34, relating to permits for construction, maintenance, and use of boat docks on High Falls Lake, as follows: "12-3-34. (a) The Department of Natural Resources is authorized to issue revocable permits for the construction, maintenance, and use of boat docks and boat shelters on High Falls Lake by the owners or lessees of private property abutting the high-water mark of such lake. Such permits shall constitute limited revocable licenses. Such permits shall be issued for periods of three years from the date of issuance and shall be transferable; provided, however, that in order to stagger the renewal periods, the department is authorized to issue permits of one- or two-year duration with the fee prorated appropriately. The fee for such permit for each three-year period shall be fixed by rule or regulation of the Board of Natural Resources in a reasonable amount not to exceed $50.00 $75.00 for boat docks and $75.00 for boat shelters. The fees collected for such permits shall be miscellaneous funds for purposes of use by the Department of Natural Resources pursuant to Code Section 12-3-2. (b) No person shall construct or maintain a boat dock or boat shelter below the highwater mark of High Falls Lake without a valid permit from the Department of Natural Resources. It shall be the duty of the owner of any boat dock or boat shelter on High Falls Lake to keep such dock or shelter in good repair. All such boat docks and boat shelters shall conform to standards for construction, design, maintenance, and repair specified in rules and regulations of the department and restrictions or conditions in the permit. It shall be the duty of the owner of such boat dock or boat shelter to remove any such dock or shelter which is not in compliance with such rules and regulations or permit. (c) It shall be the duty of the owner of any boat dock or boat shelter or the holder of any permit issued under this Code section to notify the department when he or she sells or otherwise transfers the property for which the boat dock or boat shelter is permitted. 5452 JOURNAL OF THE SENATE (d) The department and any official or employee thereof is authorized to inspect any boat dock or boat shelter on High Falls Lake and to remove or cause to be removed any such dock or shelter for which a permit is not in effect or which violates the standards for construction, design, maintenance, and repair or the permit conditions imposed by the department. (e) This Code section shall not affect the validity of any permit in effect on March 1, 1993, and the owners of docks for which such permits are in effect on March 1, 1993, may maintain such docks and enjoy the use thereof for the remainder of the period for which such permits were issued, subject to the terms and conditions thereof. (f)(e) The Board of Natural Resources is authorized to adopt rules and regulations necessary or convenient to carry out this Code section and is authorized to impose reasonable terms and conditions on the granting of permits and the construction of boat docks and boat shelters on High Falls Lake by the owners or lessees of private property abutting the high-water mark of such lake. (g)(f) Any permit may be revoked by the department for any violation of this Code section, any rule or regulation of the Board of Natural Resources, or any condition contained in such permit." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "12-5-9. (a)(1) Whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations as designated on preliminary flood maps for any property located in the regulatory floodway or elsewhere in this state, the department shall provide notice to the county tax assessor and to the governing authority of the county or municipality affected by the revised flood map. Such notice shall be given in writing to the county tax assessor and to the governing authority of such county or municipality by certified mail. Such notices shall be sent promptly and in sufficient time to allow the governing authority of such county or municipality to appeal such determinations in accordance with the provisions of law. (2) Within 40 days of such notification, the county tax assessor shall provide the department a single list of with the names and addresses of all owners of properties affected by new or revised flood elevations as indicated on the revised preliminary flood map. (3) Within 21 days of receipt of names and addresses of owners of properties affected by new or revised flood elevations as designated on the revised preliminary flood map, the department shall provide notice to each such property owner that his or her property will be affected by such new or revised flood elevations and the potential implications of such changes. Such notice shall be given in writing by mail addressed to the owner of record as shown on the property and tax records of the county in which such property is located. Such notices shall be sent by certified mail to owners FRIDAY, APRIL 3, 2009 5453 of properties designated as being in the regulatory floodway and by regular mail to all other owners of affected properties and shall be sent promptly and in sufficient time to allow the property owners to appeal such determinations in accordance with the provisions of law. At a minimum, such notices shall contain a description of the proposed new or revised flood elevations and a description of the appeal process from such determinations. (b) Failure to receive a notice required by subsection (a) of this Code section shall not create a basis for any appeal of any new or revised flood elevation independent of the appeal process established by the Federal Emergency Management Agency." SECTION 3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Part 2, relating to the Georgia Golf Hall of Fame, as follows: "Part 2 50-12-64. (a) There is created the Georgia Golf Hall of Fame which shall be governed by the Georgia Golf Hall of Fame Board. (b) The board is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3. 50-12-65. The board shall be composed of 15 members. Nine members shall be appointed by the Governor, three members shall be appointed by the Lieutenant Governor, and three members shall be appointed by the Speaker of the House of Representatives. All members shall be appointed for terms of six years. The Governor, the Lieutenant Governor, and the Speaker of the House of Representatives shall consider different areas of the state when making appointments to the board. The board shall elect a chairperson, a vice chairperson, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions; however, such employees shall not be subject to the state merit system of employment and employment administration. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A majority of the members shall constitute a quorum for the transaction of business. 50-12-66. It shall be the main purpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere. The board is authorized to conduct surveys and 5454 JOURNAL OF THE SENATE polls and to appoint committees to assist it in performing its purpose and function. 50-12-67. The headquarters of the board shall be located in Augusta, Richmond County, Georgia. The board may obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pictures, and other exhibits and material relating to sports, athletics, and athletes. In addition, the board is authorized to recognize and designate any existing or proposed facility as a part of the hall of fame as may be appropriate. 50-12-68. (a) The board is authorized to solicit and accept donations, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board. (b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board. 50-12-69. The applicable statutes of this state, whether now or hereafter in effect, relating to the powers of nonprofit corporations and to meetings and actions of the board of directors of nonprofit corporations shall apply to the Georgia Golf Hall of Fame Board. 50-12-69.1. The Georgia Golf Hall of Fame Board shall be authorized to apply for federal taxexempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended. Reserved." SECTION 4. (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 2 of this Act shall become effective on July 1, 2009. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Tolleson of the 20th moved that the Senate adopt the Conference Committee Report on HB 169. FRIDAY, APRIL 3, 2009 5455 On the motion, a roll call was taken, and the vote was as follows: N Adelman N Balfour Y Brown Y Buckner Y Bulloch Y Butler N Butterworth Y Chance Y Chapman Y Cowsert N Crosby Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Jackson,L Y Jackson,W Y Johnson Y Jones Moody Y Mullis Y Murphy N Orrock Y Pearson Powell Y Ramsey N Reed Y Rogers Y Seabaugh Y Seay Y Shafer N Sims Smith Y Staton N Stoner Y Tarver N Tate Y Thomas N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 37, nays 16; the motion prevailed, and the Senate adopted the Conference Committee Report (LC 18 8444ERS) on HB 169. The following bill was taken up to consider the Conference Committee Report thereto: HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; 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 29 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 29 be adopted. 5456 JOURNAL OF THE SENATE Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Cowsert of the 46th /s/ Senator Smith of the 52nd /s/ Senator Hamrick of the 30th /s/ Representative Jacobs of the 80th /s/ Representative Lane of the 167th /s/ Representative Ramsey of the 72nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 29 A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for presumptions regarding service of pleadings by e-mail on an attorney; to provide for a stay of discovery when a motion to dismiss is filed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by revising subsection (b) of Code Section 9-11-5, relating to service and filing of pleadings subsequent to the original complaint and other papers, as follows: "(b) Same -- How made. Whenever under this chapter service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him the person to be served or by mailing it to him the person to be served at his the person's last known address or, if no address is known, by leaving it with the clerk of the court. As used in this Code section, the term 'delivery of a copy' means handing it to the attorney or to the party, person to be served or leaving it at his the person to be served's office with his clerk or other a person in charge thereof or, if the such office is closed or the person to be served has no office, leaving it at his the person to be served's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. 'Delivery of a copy' also means transmitting a copy via e-mail in portable document format (PDF) to the person to be served using all e-mail addresses provided pursuant to subsection (f) of this Code section and showing in the subject line of the email message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. FRIDAY, APRIL 3, 2009 5457 Service by mail is complete upon mailing. Proof of service may be made by certificate of an attorney or of his or her employee, by written admission, by affidavit, or by other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service." SECTION 2. Said chapter is further amended by adding a new subsection to Code Section 9-11-5, relating to commencement of action and service, to read as follows: "(f) Electronic service of pleadings. (1) A person to be served may consent to being served with pleadings electronically by: (A) Filing a notice of consent to electronic service and including the person to be served's e-mail address or addresses in such pleading; or (B) Including the person to be served's e-mail address or addresses in or below the signature block of the complaint or answer, as applicable to the person to be served. (2) A person to be served may rescind his or her election to be served with pleadings electronically by filing and serving a notice of such rescission. (3) If a person to be served agrees to electronic service of pleadings, such person to be served bears the responsibility of providing notice of any change in his or her email address or addresses. (4) If electronic service of a pleading is made upon a person to be served, and such person certifies to the court under oath that he or she did not receive such pleading, it shall be presumed that such pleading was not received unless the serving party disputes the assertion of nonservice, in which case the court shall decide the issue of service of such pleading." SECTION 3. Said chapter is further amended by revising subsection (e) of Code Section 9-11-6, relating to time, as follows: "(e) Additional time after service by mail or e-mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon him the party by mail or e-mail, three days shall be added to the prescribed period." SECTION 4. Said chapter is further amended by adding a new subsection to Code Section 9-11-12, relating to answers, defenses, and objections in civil practice, to read as follows: "(j)(1) Stay of discovery. If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner. The court shall decide the motion to dismiss within the 90 days provided in this paragraph. 5458 JOURNAL OF THE SENATE (2) The discovery period and all discovery deadlines shall be extended for a period equal to the duration of the stay imposed by this subsection. (3) The court may upon its own motion or upon motion of a party terminate or modify the stay imposed by this subsection but shall not extend such stay. (4) If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of subsection (b) of this Code section or if any party needs discovery in order to identify persons who may be joined as parties, limited discovery needed to respond to such defenses or identify such persons shall be permitted until the court rules on such motion. (5) The provisions of this subsection shall not modify or affect the provisions of paragraph (2) of subsection (f) of Code Section 9-11-23 or any other power of the court to stay discovery." SECTION 5. This Act shall become effective on July 1, 2009, and shall apply to motions to dismiss filed after July 1, 2009. 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 29. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Buckner Y Bulloch Butler Y Butterworth Y Chance Y Chapman Y Cowsert Y Crosby 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 Y Hooks Y Hudgens N Jackson,L Y Jackson,W Johnson N Jones Y Moody Y Mullis N Murphy Y Orrock Y Pearson Powell N Ramsey N Reed Y Rogers Y Seabaugh Y Seay Y Shafer Y Sims Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams FRIDAY, APRIL 3, 2009 5459 On the motion, the yeas were 45, nays 8; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 29. 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 63. By Representative Ehrhart of the 36th: 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 requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has adopted the report of the Committee of Conference on the following Bills of the House: HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 5460 JOURNAL OF THE SENATE HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd: A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 514. By Representatives Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and Burkhalter of the 50th: A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide 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 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th: A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st moved that the Senate adjourn sine die. The following committee report was read by the Secretary: 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: FRIDAY, APRIL 3, 2009 SB 8 SB 24 SB 31 SB 46 SB 61 SB 69 SB 82 SB 94 SB 109 SB 117 SB 133 SB 152 SB 165 SB 177 SB 196 SB 201 SB 213 SB 265 SB 270 SR 176 SR 431 SB 13 SB 26 SB 38 SB 47 SB 63 SB 76 SB 85 SB 97 SB 110 SB 122 SB 141 SB 154 SB 168 SB 178 SB 198 SB 207 SB 240 SB 266 SB 271 SR 257 SB 14 SB 27 SB 43 SB 48 SB 64 SB 79 SB 86 SB 98 SB 111 SB 123 SB 144 SB 155 SB 170 SB 191 SB 199 SB 210 SB 246 SB 267 SB 280 SR 294 SB 20 SB 30 SB 44 SB 55 SB 66 SB 80 SB 89 SB 104 SB 114 SB 128 SB 151 SB 159 SB 172 SB 193 SB 200 SB 211 SB 261 SB 269 SR 96 SR 333 The President announced the Senate adjourned sine die at 12:00 a.m. 5461 5462 INDEX SENATE JOURNAL INDEX 2009 REGULAR SESSION INDEX 5463 PART I, NUMERIC INDEX SENATE BILLS AND RESOLUTIONS SB 1-- Zero-Base Budgeting Act; provide for the application (PF) ........................................................................................... 48, 76, 88, 108 SB 2-- Drivers' Licenses; extend period of suspension; serious offenders (PF) ...................................................................... 64, 367, 410, 528, 532 SB 3-- Prescription Drugs; prior authorization requirements; Peachcare (PF) ............................................................................................... 48 SB 4-- Constables; notify protected persons upon the service; protected orders (PF) ............................................................ 64, 222, 248, 284 SB 5-- Motor vehicles; use of safety belts; eliminate certain exceptions (PF) ...................................................................... 7, 151, 170, 253, 260 SB 6-- Driver's Licenses; restricted; change the penalty for violation (PF) ....................................................................... 49, 151, 170, 235, 253, 265 SB 7-- Truth in Testimony Act; require an oath; presenting evidence; committee (PF) .................................................. 8, 701, 1330, 1923, 1969 SB 8-- Student Health; possession/self-admin. of autoinjectable epinephrine (PF).................................................... 8, 116, 123, 130, 172, 174, 2907 SB 9-- Concealed Weapon; kept in a holster; repeal requirement (PF) .............................................................................................. 8 SB 10-- Controlled Substance; definition; remove exception for pseudoephedrine (PF) ................................................................................ 8, 53 SB 11-- Pardon and Paroles; general rule making power; cert. of restoration (PF) ............................................................................ 9, 1328, 1436 SB 12-- Handgun ammunition; unique code; create ammunition coding sys. data base (PF)................................................................................ 9 SB 13-- Crimes; provide the imposition of life without parole (PF) ................................................................................... 49, 88, 96, 130, 131, 2755, 2839 SB 14-- Local Boards of Education; no person on sex offender registry eligible (PF) .............................................................. 9, 128, 152, 207, 208, 2754 SB 15-- Waste Mgmt; certified clean up of sites; methamphetamine (PF) ....................................................... 10, 409, 458, 578, 579 SB 16-- Alcoholic Beverages; county; package sales on Sunday; referendum (PF)............................................................................................ 49 5464 INDEX SB 17-- Election; increase filing fees/fines; disclosure reports; filed late (PF) ..................................................................... 49, 277, 298, 1924, 2159 SB 18-- Highway System; provide for an inventory of scenic areas (PF) ..................................................................................................... 164 SB 19-- Road/Tollway; contracts; Dept. of Transport.; authorization; better management.................................................. 43, 105, 117 SB 20-- Local Government; prohibit sanctuary policies; provide penalties ............................................................................... 43, 222, 248, 378, 3011, 3086 SB 21-- State Purchasing; require percentage; funds appropriated; small businesses ...................................................... 44, 325, 368 SB 22-- Georgia Coordinating Council for Rural/Human Services Transportation; establish ......................................... 50, 105, 117, 326 SB 23-- Safety Belts; provide failure to use may be considered evidence of causation........................................................... 65, 182, 205, 415, 440 SB 24-- Probation Management Act; probationers; comprehensive provisions...................................................... 50, 96, 105, 207, 210, 2908 SB 25-- Income Tax Returns; authorize taxpayers; contributions; multiple sclerosis ............................................... 50, 698, 1330, 1442, 1444 SB 26-- Public Records; limit the disclosure of cert. private information........................................................................... 67, 222, 248, 302, 303, 2952, 3852, 4447 SB 27-- Confederate Heritage/History Month; create............................. 67, 701, 1330, 1924, 2169, 3933, 4543 SB 28-- Architecture; clarify types of construction projects; Ga. interior designer ........................................................................... 67, 700, 1330 SB 29-- Transportation Dept.; award a number of contracts to small businesses; require ............................................................................... 68 SB 30-- Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms................................................ 71, 128, 152, 331, 378, 381, 3020, 4539 SB 31-- Georgia Nuclear Energy Financing; procedure for changing any rate ................................................................. 71, 169, 182, 234, 236, 504 SB 32-- Traffic-Control Devices; authorize DOT to establish rules; dangerous traffic .................................................................................. 72 INDEX 5465 SB 33-- Elections; require candidate for public office; compliance; disclosure req. ........................................................................... 72 SB 34-- Election; prohibit certain public officials; publications; proceeding election ........................................................................................ 72 SB 35-- Election; require a candidate to affirm his/her residence within district ................................................................................................. 72 SB 36-- Local Boards of Education; adoption of codes of ethics to govern members................................................................... 73, 1327, 1436, 1924, 2159 SB 37-- Ethics; time limitation for affidavit; address of public official .......................................................................................................... 73 SB 38-- Health; authorize; Distribution of Cadavers use of dead bodies; training .................................................................... 73, 151, 170, 302, 304, 378, 386, 3010, 4520 SB 39-- Taxes; provide for a 1% sales tax; transportation projects in special transport. ................................................ 73, 116, 123, 130, 132, 559, 2660 SB 40-- Transportation; General Assembly may designate agencies/authorities to control ....................................................................... 74 SB 41-- Attorneys; advertise on television in Georgia; regulate/impose conditions ............................................................................ 74 SB 42-- Georgia Indigent Defense Act of 2003; extensively revise ..................................................................................... 74, 116, 123, 331 SB 43-- Boll Weevil Eradication; definitions; assessments; penalties; change provisions ................................................ 83, 128, 152, 172, 173, 2316 SB 44-- Government; certain supplies, materials; contractual/purchasing preferences ........................................... 83, 698, 1330, 1442, 1447, 2754 SB 45-- Nurses; licensure; nursing education programs; revise requirements; definitions ..................................................... 83, 169, 182, 235, 253, 266 SB 46-- O.C.G.A.; correct errors/omissions ..................................... 84, 152, 170, 252, 253, 2902 SB 47-- O.C.G.A.; correct errors/omissions; Title 21....................... 84, 152, 170, 252, 254, 2902 SB 48-- O.C.G.A.; correct errors/omissions; Title 47....................... 84, 152, 170, 252, 255, 2903 SB 49-- Georgia Registered Professional Nurse Practice Act; revise certain prov................................................................ 85, 169, 182, 253, 258, 3732 5466 INDEX SB 50-- Insurance; contracting entities; prohibit access provider's health care .................................................................................... 85 SB 51-- Georgia Rail Passenger Authority; allow indemnification of private parties.................................................. 85, 169, 182 SB 52-- Penal Institutions; registry for persons convicted of certain theft crimes................................................................... 86, 99, 297, 326 SB 53-- Public Utilities/Transportation; inspection by law enforcement officers; prov....................................................... 86, 99, 297, 326 SB 54-- Georgia Fair Lending Act; prohibit abusive home loan practices; definitions ...................................................................................... 86 SB 55-- Ad Valorem Taxation; change factors to be considered in determining fair market ................................................... 87, 182, 205, 302, 305, 2952, 4556 SB 56-- Georgia StopMeth Log; establish .............................................. 87, 700, 1330, 1923, 2140, 5379 SB 57-- Georgia Fair Lending Act; definitions; provide for limitations on home loans .................................................. 94, 457, 523, 1442, 1453 SB 58-- Local Government; newly created municipalities; change certain prov.............................................................. 94, 169, 182, 284, 286 SB 59-- Electronic Mail Fraud; definitions; prohibit ....................... 95, 223, 248, 414, 415 SB 60-- Education; authorize each local board of education; maximum age; mandatory ed......................................................................... 95 SB 61-- Life Settlements Act; license requirements for life settlement brokers .............................................................. 102, 116, 123, 130, 155, 156, 2903 SB 62-- Insurance; provide certain definitions; include plan administrators; penalties .................................................... 102, 116, 123, 284, 287 SB 63-- Insurance; multiple employer self-insured health plan...... 103, 151, 170, 235, 252, 257, 3009 SB 64-- Detention; incarcerated persons; tested for HIV prior to release ............................................................................... 103, 522, 571, 1443, 1459, 4453, 5353 SB 65-- Probation Detention Center; sentencing and confinement of certain defendants..................................... 103, 152, 170, 529, 550, 3010 SB 66-- Meriwether County Board of Education; stagger the terms of members elected ................................................... 103, 297, 301, 451 INDEX 5467 SB 67-- Drivers' Licenses; examinations shall be administered only in English language................................................... 104, 570, 702, 1443, 1461, 3021, 5292 SB 68-- Alcoholic Beverages; counties; prohibit against sale; housing authority ................................................................ 111, 248, 278, 466 SB 69-- Domestic Relations/Social Services; sexual exploitation; expand definition .......................................... 111, 367, 410, 466, 468, 2903 SB 70-- Election; cert. campaign contributions; require special expedited reporting ............................................................ 111, 181, 205, 466, 470 SB 71-- Hunting; prohibit engaging in outdoor sporting act while under influence................................................................................... 112 SB 72-- Natural Resources, Board of; rules/regulations; watercraft; prov.................................................................. 112, 151, 170, 302, 307 SB 73-- Criminal Procedure; magistrate court judge with cert. authority; cert. warrants ............................................................................... 112 SB 74-- Minors; adult entertainment establishments; min.age of cert. employees ............................................................................................ 113 SB 75-- Landowners Protection Act of 2009 ................................. 113, 522, 571, 1364, 1365 SB 76-- Workers' Compensation Insurance; revise code section.... 113, 151, 170, 378, 388, 2291 SB 77-- Municipal Corps.; create special district; 1500 police officers/firefighters .................................................................. 113, 698, 1330, 1923, 1945 SB 78-- Georgia Voluntary Remediation Program Act .................. 114, 368, 410, 466, 471 SB 79-- Social Services; access by certain gov. entities/persons to records............................................................................ 121, 277, 298, 378, 389, 2291 SB 80-- Food Standards, Labeling/Adulteration; requirement; testing of food .................................................................... 121, 248, 278, 302, 308, 2261, 2283 SB 81-- Trial Juries; members; electric membership corp. qualified as juror; party................................................................................ 122 SB 82-- Secondary Metals Recyclers; transaction records; change provisions .................................................................... 122, 700, 1330, 1443, 1463, 5291, 5379 5468 INDEX SB 83-- Ad Valorem; increase the amount of the state-wide homestead exemption; .............................................................. 122, 150, 170, 185, 187 SB 84-- Local Boards of Education; election; revise provisions ............ 122, 325, 368, 414, 416 SB 85-- Georgia Aviation Authority Act; create ............................ 126, 169, 182, 253, 259, 4507, 5360 SB 86-- Voters; applying to register to vote; provide proof of U.S. citizenship .................................................................. 126, 277, 298, 529, 534, 5269,5330 SB 87-- State Symbols; Georgia Mass Choir as Georgia's official mass choir........................................................................................ 126 SB 88-- State Symbol; Ralph Mark Gilbert Civil Rights Museum; official state civil right................................................................. 127 SB 89-- Public Transportation; consumption of food/beverages in a rapid rail station .......................................................... 147, 298, 326, 378, 394, 2904 SB 90-- Education; option for parents to enroll their child in another school ............................................................................. 127, 457, 523 SB 91-- Victim Compensation; adult entertainment surcharge; definitions .................................................................................. 148, 698, 1330 SB 92-- Social Services; convert Medicaid/PeachCare for Kids Program; premium assist. ............................................................ 148, 521, 571 SB 93-- Education; High School Principal Incentive Pay Program; criteria .......................................................................................... 148 SB 94-- Insurance; insured; group accident/sickness policy includes dependents up to 25..................................................... 148, 296, 326, 1924, 2173, 4192, 4436, 4556 SB 95-- Insurance; establish unfair trade practice; fail to consider suitability of 65 ........................................................... 149, 296, 326, 415, 439 SB 96-- Ethics; reforms; provide for lobbyist training; expanded lobbyist disclosure ..................................................................... 149, 520, 571, 1924, 2172 SB 97-- O.C.G.A; change the designation of State Merit System of Personnel Admin. .................................................................. 149, 223, 248, 415, 437, 2755 SB 98-- Retirement; State Merit of Personnel Admin. to State Personnel change ref................................................................. 150, 223, 248, 415, 437, 2755 INDEX 5469 SB 99-- Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair........................................................... 150, 699, 1330, 1443, 1476 SB 100-- Retirement; Ga Public Defender Standards Council to Ga Public Defender Agency ...................................................... 164, 277, 298, 331, 354 SB 101-- Torts; limit liability for certain drug/medical device manufacturers and sellers..................................................................... 165, 280 SB 102-- Criminal Records; increase the fees for providing certain records............................................................................ 165, 409, 458, 578, 586 SB 103-- Georgia Condominium Act; failure of a declarant to carry out duties; prov. .................................................................................. 165 SB 104-- Cosmetic Laser Practitioners; licensing; change certain provisions................................................................................... 165, 326, 368, 414, 430, 2908, 4599 SB 105-- Insurance Commissioner; health reimbursement only plans; sale; health insurance ...................................................... 166, 296, 326, 378, 396 SB 106-- Income Tax; provide health insurance coverage as condition of claiming exempt ...................................................................... 166 SB 107-- State Highway System; outdoor advertising maintained in cert. areas; prohibit .................................................................................. 166 SB 108-- Georgia Civil Practice Act; attorney's fees/costs; recovery; motion to dismiss....................................................... 167, 570, 702, 1443, 1478 SB 109-- Retirement; judges/district attorneys; Administrative Services Dept. ........................................................................ 167, 1329, 1436, 1923, 1932, 2755 SB 110-- Wildlife; prohibition against trapping wildlife; exception.................................................................................... 167, 222, 248, 302, 313, 2291 SB 111-- Wildlife; restrictions on hunting certain animals with lights........................................................................................... 167, 222, 248, 302, 314, 2292 SB 112-- Courts; add. criminal penalties for purposes of drug abuse treatment; prov................................................................. 168, 522, 571, 1364, 1368 SB 113-- Retirement; creditable service; military service for a cert. period of time ..................................................................................... 177 5470 INDEX SB 114-- Education; transfer of students who are military dependents into local school ...................................................... 178, 457, 523, 1364, 1371, 3733 SB 115-- Drivers' Licenses; driving while license is suspended/revoked; provisions .................................................. 178, 409, 458, 1364, 1372 SB 116-- Governor; exercises cert. powers to reserve appropriated funds; report............................................................................ 178 SB 117-- Made in Georgia Program; revise provisions; provide rules and regulations .................................................................. 178, 277, 298, 578, 592, 3934 SB 118-- Appraisers; serving/have served as member on bd.; prohibit serving as employee ..................................................... 179, 698, 1330 SB 119-- Campaign; prohibit the transfer; excess contributions of other candidates ........................................................................................... 179 SB 120-- MARTA; allow contract to authorize the extension of/add.; existing rapid rail.......................................................... 179, 185, 248, 278, 378, 397 SB 121-- Proceedings; defendant must be found mentally retarded by a preponderance ........................................................................ 179 SB 122-- State Employees Insurance; divide Ga. Retiree Health Benefit Funds.................................................................... 198, 520, 571, 1364, 1372, 2523, 4552 SB 123-- Pharmacy Benefits Managers; regulation/licensure by the Insurance Commissioner.............................................. 198, 296, 326, 415, 446, 2904, 5296 SB 124-- Public Disclosure; social security numbers; public documents; not be disclosed ...................................................... 198, 325, 368, 578, 594 SB 125-- Insurance; required to indicate; premium statements to consumers; prem. taxes.............................................................. 199, 699, 1330 SB 126-- Elections; party's nomination/run for public office; cert. req. to qualify............................................................................................... 199 SB 127-- Judicial Accounting; add a penalty; failure to remit Ga. Superior Courts Clerks................................................................. 199, 570, 702 SB 128-- Motor Vehicles; option of owner; permanent license plates for trailers; fees........................................................ 199, 521, 571, 706, 1202, 3933, 4536 SB 129-- Public Retirement Systems Investment Authority Law; definition...................................................................................................... 200 SB 130-- Electronic Lease-Purchase of Goods Act; data/personal information protection ........................................................... 200, 1330, 1436, 1924, 2174 INDEX 5471 SB 131-- The Revised Georgia Trust Code of 2009 ................................. 200, 457, 523, 578, 595 SB 132-- Dropout Deterrent Act; revise the age of mandatory education...................................................................................................... 218 SB 133-- Health Share Volunteers in Medicine Act; compensation; sovereign immunity........................................... 218, 277, 298, 415, 444, 3933, 4074, 4202 SB 134-- Elections; Agreement Among the States to Elect the President; enact ............................................................................................ 218 SB 135-- Insurance; religious nonprofit organization; health care cost sharing .................................................................................................. 218 SB 136-- Penal Institutions; U.S. Immigration/Customs required to participate .............................................................................. 219, 326, 368, 578, 670 SB 137-- Interstate Compact on Educational Opportunity for Military Children; adopt .............................................................. 219, 457, 523 SB 138-- Transparency in Lawsuits Protection Act.................................................... 219 SB 139-- Property; determining an instrument of conveyance to be an equitable mortgage ............................................................................. 220 SB 140-- Property; writ of possession; valid lease; stay in foreclosed property 60 days......................................................................... 220 SB 141-- Property; foreclosures and deficiency judgements; change provisions .............................................................. 220, 457, 523, 578, 674, 2909, 4512 SB 142-- Family Violence; define cert. terms; Georgia Family Violence Offender Registry ......................................................................... 243 SB 143-- Public Meetings; limitation on action to contest agency action; change prov...................................................................................... 243 SB 144-- Insurance Agent License; applicant authorized; repeal requirement ................................................................................ 243, 408, 458, 706, 1203, 3896 SB 145-- The Reed Act; child custody; state sexual offender registry; constitute change ........................................................................... 244 SB 146-- Community Health Dept.; require contract; single administrator dental services ....................................................... 244, 367, 410 SB 147-- Public Utilities; portfolio standard goals for renewable/recoverable energy ..................................................................... 244 SB 148-- Georgia Occupational Regulation Review Law .......................... 245, 326, 368 SB 149-- Uniform Athlete Agents Act...................................................... 245, 326, 368, 1443, 1480, 4193 SB 150-- Junk Dealers; repeal chapter and designate it as reserved ........................................................................................ 245, 326, 368 5472 INDEX SB 151-- Penal Institutions; courts/St. Board of Pardon; greater input from victims.............................................................. 270, 409, 458, 529, 551, 3011, 4517 SB 152-- Agricultural Commodity Commission for Ornamental Plants; balloting ................................................................. 270, 324, 368, 706, 1207, 3010, 4549 SB 153-- Rules of Road; use of more than one parking place by persons with disabilities............................................................. 270, 570, 702, 1443, 1481 SB 154-- Superior Court of the Coweta Judicial Circuit; judges; supplemental salaries ........................................................ 270, 410, 413, 2261 SB 155-- Soil Erosion/Sedimentation; 25 foot buffers along state waters; prov....................................................................... 271, 522, 571, 1364, 1386, 2905, 4553 SB 156-- Georgia Trauma Care Network Commission; extensively revise duties; definitions......................................... 271, 367, 410, 466, 480 SB 157-- Sexual Offenders; classification; registration, and restrictions on residences ........................................................... 271, 367, 410, 529, 537 SB 158-- General Assembly; fiscal bills; fiscal notes regard legislation; exceptions................................................................ 272, 520, 571, 1443, 1482 SB 159-- Hemophilia Advisory Board Act; create ................................... 272, 408, 458, 528, 531, 3020 SB 160-- Education; Veterans Day; revise provision; elementary/secondary schools closed ...................................... 272, 698, 1330, 1924, 2192 SB 161-- Insurance; require certain coverage for autism spectrum disorders; definitions.................................................................. 272, 521, 571, 1923, 1929 SB 162-- Private Detective Businesses; security guards; licensure for employment........................................................................ 273, 700, 1330, 1923, 1946, 2756 SB 163-- Human Resources Commissioner; authorize to appoint a diabetes coordinator ........................................................ 273, 408, 458, 578, 678, 3870, 4182 SB 164-- State Highway System; signs and signals; height limitations .................................................................................. 273, 297, 326, 466, 489 SB 165-- Community Health; income eligibility verification from Revenue; Medicaid ............................................................ 274, 367, 410, 466, 501, 2905, 3068 INDEX 5473 SB 166-- Jekyll Island-State Park Authority; terms of eases of subdivided lots; prov.................................................................................... 291 SB 167-- Taxes; exempt public school systems from motor fuel excise taxes ................................................................................ 291, 698, 1330 SB 168-- Campaign Contributions; filing of disclosure reports; county offices; prov. ......................................................... 291, 521, 571, 1364, 1390, 4194, 4233, 4547, 4561, 5270, 5301, 5325, 5378 SB 169-- Ethical Treatment of Human Embryos .................................. 292, 1328, 1436, 1924, 2180, 2197, 2202 SB 170-- State Purchasing; prohibit cert. companies; Sudan; state contract..................................................................................... 292, 698, 1330, 1443, 1483, 2904 SB 171-- Public Retirement Systems Investment Authority Law .............................. 292 SB 172-- Victim Compensation; recovery for serious mental and emotional trauma ................................................................... 293, 1329, 1436, 1924, 2181, 5379 SB 173-- Criminal Justice Coordination Council; councilmembers' compensation; provisions ............................ 293, 1329, 1436 SB 174-- Sentence/Punishment; allow family of victim to provide statements..................................................................................................... 293 SB 175-- Sentence/Punishment; moratorium on the administration of death sentence ................................................................. 293 SB 176-- Public Retirement Systems Standards Law .............................. 319, 457, 523, 1364, 1393 SB 177-- Retirement; provide appellate court judges who become members; group term life........................................................... 319, 457, 523, 1364, 1395, 2316 SB 178-- Education; advance funding, exceptional growth; embed/extend sunset date .......................................................... 319, 457, 523, 578, 679, 3732, 4215, 4455, 4461, 5269, 5310, 5330 SB 179-- Georgia Trauma Care Network Commission; definition; funding priorities; prov. ............................................................................... 320 SB 180-- Driving Permits; allow issuance; under the influence; subject to conditions ................................................................ 320, 700, 1330, 1443, 1839 SB 181-- Retirement; change Board of Trustees to Georgia Judicial Retirement Sys. .............................................................................. 320 5474 INDEX SB 182-- Insurance; group accident/sickness insurance plans; revise time period....................................................................... 320, 699, 1330 SB 183-- Locust Grove, City of; authorize governing authority to levy an excise tax......................................................................... 359, 571, 575 SB 184-- Contractor; service of notice of commencement; requirements............................................................................... 359, 522, 571, 1443, 1842 SB 185-- Elections; polling places outside the boundaries of precincts ....................................................................................................... 359 SB 186-- Redevelopment Powers; computation of tax allocation increments of districts.................................................................................. 359 SB 187-- Roads; collections, expenditures, and exemptions respect to revenue; prov............................................................................... 360 SB 188-- Code Officials; provide for protection and training; definitions; penalties ................................................................ 360, 701, 1330, 1443, 1849 SB 189-- Insurance; general agent; amount policy fee permitted to be charged................................................................................................ 360 SB 190-- Property; time-share projects/programs; provide definitions .................................................................................................... 361 SB 191-- Stone Mountain, City of; provide new charter ....................... 361, 1330, 1333, 1334, 1363, 2244 SB 192-- Wireless Communications Tower Siting Act ............................ 361, 700, 1330 SB 193-- Sentence/Punishment; authorize Corrections Dept.; transitional center; final yr......................................................... 362, 522, 571, 1364, 1396, 2316 SB 194-- State Purchasing; benefits based funding projects; revise provisions ........................................................................ 362, 521, 571, 707, 1208, 4453, 4461, 4598, 5292, 5356, 5382 SB 195-- Professions/Businesses; clarify applications submitted in prescribed form.................................................................... 362, 700, 1330, 1923, 1947, 3733, 3831, 4198 SB 196-- Motor Vehicles; serious injury due to a right of way; revise penalties .......................................................................... 363, 570, 702, 1364, 1398, 4192, 4208, 4548 SB 197-- Search Warrants; issuance by judicial officers; change provisions; no-knock.................................................................................... 363 INDEX 5475 SB 198-- Natural Resources; provide costs to be covered by fee; compliance ......................................................................... 363, 522, 571, 707, 1213, 4192, 5420 SB 199-- Courts; required annual training for magistrates/probate judges; suspend 1yr........................................................... 402, 570, 702, 1443, 1851, 2909, 5250 SB 200-- Transforming Transportation Investment Act ................... 363, 458, 523, 707, 1214, 3818, 5252 SB 201-- Health; voluntary contributions through individual tax return; cancer research ............................................................. 402, 699, 1330, 1444, 1853, 3897, 4507 SB 202-- Tax; business enterprises; revise the definition ........................................... 402 SB 203-- Game/Fish; regulate taking, possession, transportation; fresh-water turtles ..................................................................... 402, 699, 1330 SB 204-- Snowflakes Adoption Act; exclusive means of adopting human embryos............................................................................................ 403 SB 205-- Black Market Cigarette Act; utilization of digital based cigarette stamp ............................................................................................. 403 SB 206-- Governor; require tax expenditure reviews as part of budget report .............................................................................. 403, 520, 571, 707, 1305 SB 207-- Proceedings; admit general public to hearings in juvenile court; exceptions .......................................................... 404, 570, 702, 1924, 2183, 3772, 3889, 5268 SB 208-- Rachel's Law; provide for parameters regarding the use of confidential informant ............................................................................. 404 SB 209-- Prescription Drugs; limit a pharmacist from substituting a drug ........................................................................................................... 451 SB 210-- High School Program; include home schooled students; student honors programs.......................................................... 451, 698, 1330, 1444, 1854, 2755 SB 211-- State Purchasing; exempt certain purchases Dept. of Adminstrative Services ............................................................ 452, 701, 1330, 1923, 1967, 3009 SB 212-- Labor; standards; motor common/contract carriers transporting railroad employee .................................................. 452, 701, 1330 SB 213-- Torts; specify manufacturer liability in certain cases ................ 452, 570, 702, 1364, 1399, 2904 SB 214-- Peace Officers' Annuity/Benefit Fund; county jail officers; membership in fund....................................................................... 452 5476 INDEX SB 215-- Insurance; provide for independent review of certain health insurance decisions ........................................................................... 515 SB 216-- Public Officers; spouse of armed forces member; 90 days of personal leave................................................................ 515, 702, 1330 SB 217-- Brittany Sharnay Wells Act; provide for a curriculum................................ 516 SB 218-- Rules of Road; assessment of points for a violation of 40-6-241; penalty....................................................................... 516, 700, 1330 SB 219-- Education; certificated personnel; placement on the state salary schedule..................................................................................... 516 SB 220-- Education; scholarships for the children killed/disabled result of combat wound................................................................................ 516 SB 221-- Georgia's Promise; students graduate in top 10; certain high schools; admit ...................................................................................... 517 SB 222-- State Health/Human Services; reorganize and reestablish various agencies................................................... 517, 1328, 1436, 1923, 1971 SB 223-- Women's Reproductive Health Legislative Oversight Committee; create .................................................................... 517, 698, 1330, 1444, 1855 SB 224-- Psychiatric Advance Directive Act; standards/limitations .................................................................................... 518 SB 225-- Government; require state agencies to develop a privatization plan ..................................................................... 518, 1328, 1436 SB 226-- Truth in Music Advertising Act............................................... 518, 697, 1330, 1444, 1857 SB 227-- Search Warrants; authorizing the installation, removal of tracking devices ....................................................................................... 560 SB 228-- Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions .................................................................... 560, 699, 1330, 1922, 1925 SB 229-- Conservation/Natural Resources; references to administrative law judge; prov. ............................................... 560, 699, 1330, 1922, 1926 SB 230-- Health; community service boards; membership; modify certain provisions ............................................................................ 561 SB 231-- Education; establish the PROMISE III teacher's scholarship ............................................................................... 561, 699, 1330, 1924, 2190, 4456 SB 232-- Animal Protection; provide for methods for euthanasia for animals ................................................................................................... 561 SB 233-- Health; require the board to administer examinations; emergency medical tech........................................................... 562, 700, 1330, 1444, 1858 INDEX 5477 SB 234-- Sentence/Punish.; defendants guilty of crimes involving bias; repeal prov........................................................................................... 562 SB 235-- Microchip Consent Act................................................................................ 562 SB 236-- Local Government; procedures to adopt property development moratoriums ........................................................................... 562 SB 237-- Commerce/Trade; prohibit pricing practices during an abnormal market disruption ..................................................... 563, 1327, 1436 SB 238-- Bd. of Regents Scholarship; authorize add. types of student financial asst................................................................ 563, 699, 1330, 1444, 1859, 4453, 4458, 4556 SB 239-- Education; mandatory attendance; provisions ......................... 563, 698, 1330, 1444, 1860 SB 240-- County Bds. Tax Assessors; comprehensive rev.; assessments for ad valorem tax.............................................. 564, 1328, 1436, 1923, 2144, 2952, 4183, 4548 SB 241-- Pardons/Paroles; classification of information of confidential state secrets .............................................................................. 564 SB 242-- Elections; campaign contributions; prohibit public agencies from withholding........................................................................... 689 SB 243-- Georgia Lottery Corporation; prerequisites for employees; compensation ........................................................ 689, 1327, 1436 SB 244-- Ga. Registered Professional Nurse Practice Act ................... 690, 1328, 1436, 1922, 1928, 3011, 3044, 3970, 4137, 4193 SB 245-- Insurance; health benefit plan; coverage for orally administered cancer med. ............................................................................ 690 SB 246-- Courts; notice of the release of child from detention under cert. circumstances....................................................... 690, 1435, 1436, 1923, 1930, 3897, 4510 SB 247-- New Home Access Act; enact ..................................................................... 690 SB 248-- Ga Prescription Monitoring Program Act.................................................... 691 SB 249-- Levy/Sale; change nonbankruptcy exemptions ....................... 691, 1327, 1436 SB 250-- Education; unlawful disruption; operation of public schools; revise prov. ............................................................. 691, 1329, 1436, 1923, 2149 SB 251-- Tax Executions; collection of costs, commissions, interest/penalties; prov................................................................................. 692 5478 INDEX SB 252-- Polysomnography Practice Act; certification of polysomnographic technologists ........................................... 692, 1328, 1436, 1923, 2138 SB 253-- Fireworks; provide a definition for the term "indoors" ......... 692, 1329, 1436, 1923, 2139 SB 254-- State Properties Commission; authority to enter into multiyear lease agree ................................................................................. 1317 SB 255-- Criminal Code of Ga; persons convicted of cert. crimes; global positioning sys ................................................................................ 1317 SB 256-- Milledgeville, City of; levy an excise tax; procedures, conditions, limitations................................................................................ 1425 SB 257-- Retirement; election to participate in Regents Retirement in lieu of Teachers................................................................... 1425 SB 258-- Snellville, City of; voting powers of the mayor; change provisions.............................................................................. 1426, 2230, 2234, 2236 SB 259-- Retirement; University Sys. Ga. employ a retired member; full-time instructor...................................................................... 1426 SB 260-- Retirement; any full-time public school employee; Teachers Retirement System ..................................................................... 1426 SB 261-- St. Mary's, City of; ad valorem taxes; municipal purposes; homestead exemption .......................................... 1886, 2323, 2329, 2906 SB 262-- Dentistry Services; indigent patients; continuing education hours; waiver ............................................................................. 1886 SB 263-- Rockdale County Probate Court; compensation of judge; change prov................................................................ 2222, 2548, 2550 SB 264-- Superior Court of Jasper County; appointment of a clerk of the magistrate court ................................................. 2222, 2267, 2271 SB 265-- Public Facilities Authority of the City of Milledgeville and Baldwin County Act...................................................... 2222, 2267, 2271, 2579 SB 266-- Kingsland, City of; ad valorem taxes; homestead exemption............................................................................. 2244, 2323, 2329, 2906 SB 267-- Woodbine, City of; ad valorem taxes; homestead exemption............................................................................. 2245, 2323, 2329, 2906 SB 268-- Brunswick-Glynn County Joint Water/Sewer Commission; immunity for commission .............................. 2245, 2323, 2328 SB 269-- Brantley County School District; ad valorem taxes; homestead exemption .......................................................... 2245, 2323, 2330, 3157 INDEX 5479 SB 270-- Brantley County; ad valorem taxes; homestead exemption............................................................................. 2246, 2323, 2330, 3157 SB 271-- Ringgold, City of; change corporate limits of the city ........ 2262, 2919, 2924, 4141 SB 272-- Public Utilities; recover costs; plants construction; customer charges ....................................................................................... 2262 SB 273-- Public Office; Governor; seeking campaign contributions; unlawful .............................................................................. 2292 SB 274-- Municipal Court of Columbus, Georgia; municipal court judges; nonpartisan basis............................................. 2292, 2548, 2550 SB 275-- Retirement; create Municipal Court Clerks' Retirement Fund of Georgia ......................................................................................... 2317 SB 276-- Air Quality; emissions limitations emitting pentachlorophenol near schools................................................................. 2317 SB 277-- Magistrate Court of Troup County; chief magistrate shall be full-time .................................................................... 2318, 3102, 3129 SB 278-- Education; graduation from high school in three years; grants for postsecondary ............................................................................ 2523 SB 279-- Decatur, City of; authorize all redevelopment/other powers; provide a referendum ............................................... 2523, 3102, 3130 SB 280-- Macon-Bibb County Water/Sewerage Authority; change procedure for choosing member.............................. 2524, 2919, 2924, 4141, 5333 SB 281-- Crimes; authorize churches to determine; persons licensed to carry firearms........................................................................... 2524 SB 282-- Insurers; high deductible health plans; wellness incentives plan ........................................................................................... 2756 SB 283-- Retirement; tax commissioner; on/after July 1, 2010 Employees' Retirement .............................................................................. 2909 SB 284-- Administrative Proceedings; award of attorney's fees under cert. circumstances........................................................................... 2910 SB 285-- MARTA; allow transportation services contract to authorize the extension .............................................................................. 2910 SB 286-- Insurers; high deductible health plans; wellness incentives ................................................................................................... 2910 SB 287-- Drivers' License; instructional permit; stolen or forged; issued new number .................................................................................... 3100 SB 288-- Retirement; change the benefit formula for the Teachers Retirement.................................................................................................. 3100 SB 289-- Social Services; services/treatment; categorically needy children ...................................................................................................... 4079 5480 INDEX SB 290-- General Assembly; limit the recovery of attorney's fee; claims for compensation ............................................................................ 4079 SB 291-- Firearms; laws concerning carrying of concealed weapons; revise comprehensively ............................................................. 4079 SB 292-- Courts; juvenile proceedings; revisions..................................................... 4080 INDEX 5481 SENATE RESOLUTIONS SR 1-- Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts - CA ..................................................... 75, 115, 123, 253, 262 SR 2-- Taxes; local ad valorem reduction option; provide procedures, conditions, and limitations - CA ................................................ 10 SR 3-- Senate Convened; notify House of Representatives........................................ 5 SR 4-- General Assembly Convened; notify Governor .............................................. 5 SR 5-- Senate; Adopt Rules......................................................................................... 6 SR 6-- Senate Officials; Employees and Committees................................................. 6 SR 7-- ACORN; urging the Federal Internal Revenue Service to remove tax-exempt organization status ..................................................... 44 SR 8-- Warner, Mr. John S.; recognizing.................................................................. 46 SR 9-- Tuskegee Airmen/Bryton Entertainment; recognize ..................................... 46 SR 10-- South Cobb High School Marching Band; commend ................................... 47 SR 11-- Tourism Day; declare January 27, 2009 .................................................. 46, 92 SR 12-- General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells - CA.............................................................................. 44, 278, 298, 1365, 1400 SR 13-- Madison County High School Red Raider Softball Team; commend ...................................................................................... 46, 66 SR 14-- Kurish, Andrew Stefan; recognize................................................................. 46 SR 15-- Israel; expressing solidarity in its defense against terrorism in the Gaza Strip............................................................. 45, 104, 106 SR 16-- Moses, Matthew and Gwendolyn; 50th wedding anniversary; congratulate............................................................................... 46 SR 17-- Bernhardt, Cadet Kevin H.; recognize................................................... 52, 299 SR 18-- Porter III, Cadet Captain Earl; recognize .............................................. 52, 299 SR 19-- National Association for the Advancement of Colored People; commend................................................................................... 52, 254 SR 20-- Norman, Mr. Walker T.; commend ............................................................... 69 SR 21-- Battle, Pastor Donald; honoring .................................................................... 52 SR 22-- Georgia; Forest Park, City of; celebrate 100th anniversary..................................................................................................... 52 SR 23-- Harris-Cain, Lucille; honoring....................................................................... 52 SR 24-- Riverdale, City of; celebrate .......................................................................... 52 SR 25-- Bell, Griffin Boyette; condolences ................................................................ 52 SR 26-- Paris, Dinah; recognize .................................................................................. 53 5482 INDEX SR 27-- Hill, Cathy Plummer; recognize .................................................................... 53 SR 28-- El-Sayed, Dr. Mostafa; recognize.................................................................. 53 SR 29-- Pharmacy Day; declare February 18...................................................... 66, 299 SR 30-- Mitchell, Rev. Dennis; recognize .................................................................. 66 SR 31-- Sportsmen's Day at the Capitol; recognize January 15.................................. 69 SR 32-- Johnson, Paul; commend ......................................................................... 78, 97 SR 33-- Dwyer, Mr. Jonathan; commend ............................................................. 78, 97 SR 34-- Welch, Honorable James R."Bump"; recognize............................................ 78 SR 35-- Smith, Mrs. Judy; recognize .......................................................................... 78 SR 36-- Everhart, Mrs. Sue; recognize ............................................................... 78, 171 SR 37-- Stover, Mr. Robert C.; condolences............................................................... 78 SR 38-- Baylor, Mr. Arthur D.; recognize .................................................................. 78 SR 39-- Carter, Annie; honor ...................................................................................... 78 SR 40-- Herring, Ms. Jennifer; recognize ................................................................... 79 SR 41-- Foster, Tyler; recognize ................................................................................. 79 SR 42-- Schopp, Mr. Anthony "Tony"; recognize ................................................ 79, 89 SR 43-- Hal Rives Memorial Interchange; dedicate ................................................... 75 SR 44-- Tax; regional local option transportation tax - CA.............. 75, 105, 117, 130, 142 SR 45-- Brentzel III, Curtis "Blaine"; recognize......................................................... 79 SR 46-- Law, Mrs. Carolyn; recognize ....................................................................... 79 SR 47-- Allen, Mr. Ernest; recognize.......................................................................... 79 SR 48-- Disability Awareness Day; declare January 27 ....................................... 79, 89 SR 49-- "Employee Free Choice Act"; urge U.S. Congress to oppose any efforts to adopt.................................................. 76, 278, 298, 466, 504 SR 50-- Georgia Criminal Justice Study Commission; provide membership, duties, and operation ................................................................ 76 SR 51-- Georgia Tech Research Institute; celebrate ................................................... 79 SR 52-- McDowell, Amanda; recognize ..................................................................... 79 SR 53-- El-Sayed, Dr. Mostafa; commend ................................................................. 80 SR 54-- Georgia Tech Band; recognize ...................................................................... 80 SR 55-- Miller, Brian; recognize................................................................................. 80 SR 56-- Joint Vulnerable Adult Study Committee; create.......................................... 76 SR 57-- Georgia Vulnerable Adult Study Commission; create; membership; duties .................................................................... 76, 699, 1330, 3116, 3118 SR 58-- Aldridge, Mr. George Francis; honoring ....................................................... 89 SR 59-- Lee, Pastor Kerwin B.; recognize .................................................................. 89 SR 60-- King, Ms. Andrea; recognize......................................................................... 89 INDEX 5483 SR 61-- Nobles, Mr. James Cecil; recognize ...................................................... 90, 327 SR 62-- Georgia Dental Association; recognize ................................................. 90, 224 SR 63-- NAACP; Clayton County Branch; recognize ........................................ 90, 254 SR 64-- DeLong, Dr. Donald Eugene; recognize................................................ 90, 174 SR 65-- Buford Lanier Woman's Club; commend ................................................ 90, 97 SR 66-- Mercer, Mr. John Herndon; celebrating the memory of music icon ............................................................................................ 90, 2270 SR 67-- Bishop, Mr. Charles W.; recognize ....................................................... 90, 184 SR 68-- Grigg, Ms. Susan; recognize.......................................................................... 90 SR 69-- Walker School Girls Tennis Team; recognize..................................... 91, 2765 SR 70-- Kennesaw Mountain High School Art Students; recognize........................................................................................................ 91 SR 71-- Walker School Girls Soccer Team; commend..................................... 91, 2765 SR 72-- Arjona, Mr. Michael; recognize..................................................................... 91 SR 73-- Adams, Mrs. Emily; recognize ...................................................................... 91 SR 74-- Clark, Mr. Neil; commend............................................................................. 91 SR 75-- Bouis, Elizabeth; recognize ........................................................................... 91 SR 76-- Walker School Boys Soccer Team; recognize..................................... 92, 2765 SR 77-- Harrison High School; recognize................................................................... 92 SR 78-- Shin, Michael; commend ............................................................................... 92 SR 79-- Heiges, Karen; recognize............................................................................... 92 SR 80-- Hillgrove High School; recognize ................................................................ 92 SR 81-- Perry, Mr. Tyler; recognize............................................................................ 92 SR 82-- Mason Varner Memorial Highway; Cobb County; dedicate .......................................................................................................... 87 SR 83-- Green Information Technology; create Senate Study Committee............................................................................ 87, 96, 105, 3116, 3120 SR 84-- Regents; urged to merge foundations associated with the units of the university system .................................................................. 95 SR 85-- Northeast Georgia Mountains Travel Association; recognize........................................................................................................ 98 SR 86-- Parker, Honorable Ronnie A.; recognize....................................................... 98 SR 87-- Grube, Dr. Bruce; recognize .................................................................. 98, 129 SR 88-- Economic Development Day; declare January 28......................................... 98 SR 89-- Ingram, Mr. Richard; recognize............................................................. 98, 462 SR 90-- State Tax Reform; provide for the imposition, levy, and collection of state sales/use tax; transportation purposes - CA................................................................................................................ 96 SR 91-- Capitol Tech Day; recognize January 28, 2009........................................... 106 5484 INDEX SR 92-- Coffee, Jr., Mr. Woodrow Wilson "Woody"; condolences.................................................................................................. 106 SR 93-- Swanson, Sr., Carl E. and Beulah Faye Williams; congratulate.................................................................................................. 106 SR 94-- Alexander, Rev. Dr. Cameron Madison; commend ............................ 106, 327 SR 95-- Majeed, Mr. Ayad; recognize ...................................................................... 107 SR 96-- Trustee, Board/Georgia Military College President; urged to maintain the current military programs ....................... 104, 169, 182, 207, 2908 SR 97-- Madison, City of; celebrate.......................................................................... 107 SR 98-- Morgan County Middle School; recognize.................................................. 107 SR 99-- Wilson, Mr. Mark; commend .............................................................. 107, 330 SR 100-- Lemonds, Staff Sergeant Gary L.; condolences .......................................... 107 SR 101-- Class of Youth Leadership Baldwin 2009; commend ................................. 107 SR 102-- Lumpkin, Sr.; Mr. Norman F.; honoring ..................................................... 107 SR 103-- Lazzarini, Dr. Joseph A.; congratulate ................................................ 107, 118 SR 104-- University of West Georgia Coed Cheerleading Team; recognize...................................................................................................... 108 SR 105-- Lyle, Mrs. Mary; recognize ......................................................................... 117 SR 106-- Kilgore, Mrs. Ruth and Dr. James; recognize ............................................. 117 SR 107-- Congress; urged to facilitate the building of reservoirs upstream from Lake Sidney Lanier ........................................... 114, 151, 170, 234, 235 SR 108-- Election; right of secret ballot - CA..................................... 114, 124, 408, 458 SR 109-- Retrofit of Diesel Engines; joint study committee; create .......................................................................................... 115, 151, 170, 1365, 1403 SR 110-- Motor Fuel Taxes; General Assembly modify any proposed expenditure of received revenue - CA ....................... 115, 521, 571, 1924, 2150 SR 111-- Food Service Industry Day; declare February 3, 2009 ................................ 117 SR 112-- Cline, Ms. Marguerite; recognize ................................................................ 117 SR 113-- Black Contractors Day; declare February 5, 2009 .............................. 117, 174 SR 114-- Allen, Dr. Bruce Stuart; honoring........................................................ 118, 462 SR 115-- Allen, Dr. Bruce Stuart; appointment .................................................. 118, 462 SR 116-- Walker, Casy Elyse; congratulate........................................................ 123, 330 SR 117-- Transportation, Georgia Dept.; urged to build a maglev train to be known as the "The Plane Train" ............................... 123, 169, 182, 1919, 1920 SR 118-- Bell, Robert H. "Bob"; honoring ......................................................... 118, 155 INDEX 5485 SR 119-- Senior Week at the Capitol; declare week of February 24 ................................................................................................................. 124 SR 120-- Hardman, Miss Chasity; commend.............................................................. 124 SR 121-- Carter, Mrs. Annie; honoring....................................................................... 124 SR 122-- Jakes, Sr., Rev.; condolences....................................................................... 124 SR 123-- Angle, Dean Scott; recognize ...................................................................... 130 SR 124-- Georgia Motorcoach Operators Association Day; declare February 3, 2009 ............................................................................. 130 SR 125-- Clayton County Fire and Emergency Services; recognize...................................................................................................... 130 SR 126-- Spiva, Mrs. Dora Hunter Allison; honoring ................................................ 153 SR 127-- Macon Day in Atlanta; observing February 26, 2009 ................................. 153 SR 128-- Macon-Bibb County Branch of the NAACP; recognize ............................. 153 SR 129-- Glover, Mr. Wallace; condolences .............................................................. 154 SR 130-- Operation Beautiful Feet Team; recognize.................................................. 154 SR 131-- Johnson, Honorable Joe "Slade"; recognize ................................................ 154 SR 132-- Geeslin, Mrs. Betty; recognize .................................................................... 154 SR 133-- Jones, Kristie; commend.............................................................................. 154 SR 134-- Hornik, Sarah; commend ............................................................................. 154 SR 135-- Asher, Breianna; commend.......................................................................... 154 SR 136-- Ward, Hannah; commend ............................................................................ 154 SR 137-- Roberts, M.D., Phillip Lee; honoring .......................................................... 155 SR 138-- Tidwell, Cameron; recognize....................................................................... 155 SR 139-- Veterinary Medicine Day; declare February 5, 2009 .......................... 155, 175 SR 140-- Consolidation of Institutions of Higher Education, Senate Study Committee; create ................................................ 168, 248, 278, 3116, 3120 SR 141-- Walton, Mr. Robert Hugo; condolences ...................................................... 171 SR 142-- National Wear Red Day; recognize February 6, 2009......................... 171, 185 SR 143-- Pearson, Mrs. Monica; recognize ...................................................... 171, 2553 SR 144-- Georgia Peach Festival and 2009 Georgia Peach Queens; commend................................................................................ 171, 282 SR 145-- Girls and Women in Sports Day; recognize February 4, 2009 ............................................................................................................. 171 SR 146-- Lancaster, Sheriff Jerry L.; recognize.......................................................... 171 SR 147-- 4-H Clubs of Georgia; recognize......................................................... 171, 430 SR 148-- Fessenden, Michael David; recognize ................................................. 172, 224 SR 149-- PAGE Day on Capitol Hill .......................................................................... 172 SR 150-- Forestry Day at the Capitol; recognize February 5, 2009............................ 172 SR 151-- Wright, Willie R. and Nancy W.; recognize................................................ 172 5486 INDEX SR 152-- Governor's Academies; urge Governor to appoint a working group to study the establishment ................................. 168, 325, 368, 1365, 1407 SR 153-- Education Improvement Districts; provide creation and comprehensive regulation - CA ................................................. 168, 457, 523, 1365, 1409 SR 154-- Georgia Outdoor Water Use Registration Program; recognize...................................................................................................... 172 SR 155-- Fuller, Mr. Millard; condolences ................................................................. 183 SR 156-- Freedom of Choice Act; opposing.................................... 180, 367, 410, 3107 SR 157-- Simpson, Ms. LeTrell; recognize................................................................. 183 SR 158-- St. Lawrence, Sheriff Al; recognize .................................................... 183, 327 SR 159-- National Federation of Independent Business in Georgia; recognize....................................................................................... 183 SR 160-- Augusta Day at State Capitol; observing February 10 ................................ 183 SR 161-- Butler Jr., Mr. Walter Curtis; condolences .......................................... 184, 250 SR 162-- Partnership for Health and Accountability (PHA); recognize...................................................................................................... 184 SR 163-- Sheppard, Mr. Ralph E.; recognize...................................................... 184, 462 SR 164-- Short, Sergeant First Class Scott; recognize........................................ 184, 462 SR 165-- Denmark, Dr. Lelia Daughtry; recognize .................................................... 184 SR 166-- Clayton, Ms. Xernona; recognize ................................................................ 184 SR 167-- Klesko, Mr. Ryan; recognize ............................................................... 184, 205 SR 168-- Bennett, Miss Amanda; recognize............................................................... 206 SR 169-- Day of Remembrance; recognize February 7, 2009 .................................... 206 SR 170-- Community Health Centers Day; recognize February 10, 2009 ............................................................................................... 206, 207 SR 171-- Emergency Medical Services (EMS) Week; recognize............................... 206 SR 172-- Emergency Medical Services Recognition Day; recognize February 19, 2009 ............................................................... 206, 330 SR 173-- Regents; urged to establish/offer a teacher education program at each of its universities offering four-year degree programs......................................................................... 201, 325, 368, 1365, 1415 SR 174-- Peace Officers; General Assembly enact legislation/appropriate funds necessary for retirement credit; Peace Officers Annuity/Benefit Fund - CA...................................... 201 SR 175-- US Army of the Cumberland Highway; Chickamauga; dedicate ........................................................................................................ 201 INDEX 5487 SR 176-- James H. Chandler, Jr. Memorial Intersection; dedicate......... 201, 701, 1330, 1910, 1911, 3732, 4521 SR 177-- Obama, President Barack; honoring ............................................................ 206 SR 178-- Capitol Arts Standards Commission; urged to authorize the placement of Admiral John Henry Towers portrait in the state capitol ..................................................................... 201, 297, 1919 SR 179-- Homeowner Tax Relief Grants; require mandatory funding-CA .................................................................................................. 202 SR 180-- Georgia Farm Bureau Federation; recognize............................................... 206 SR 181-- Peanut Butter and Jelly Day; recognize March 4 ........................................ 224 SR 182-- Leadership Clayton Class of 2008-2009; commend.................................... 224 SR 183-- Douglas-Coffee County Economic Development Authority; recognize .................................................................................... 224 SR 184-- Senate Study Committee on Boating Safety; create ......... 221, 278, 298, 3116 SR 185-- Johnson, Sheriff Randall; honoring ..................................................... 224, 250 SR 186-- Head, Jr., Mr. Raymond; recognize ............................................................. 225 SR 187-- U.S. National Health Insurance Act; urge Congress to adopt............................................................................................................. 221 SR 188-- Gainesville-Hall County Day; recognize..................................................... 225 SR 189-- Powell, Ms. Christine; recognize................................................................. 225 SR 190-- Doran, Ms. Marci; recognize ....................................................................... 225 SR 191-- Hassan, Ms. Taliah; recognize..................................................................... 225 SR 192-- Hardy, Ms. Treska; recognize...................................................................... 225 SR 193-- Ingram, Ms. Kacy; recognize....................................................................... 225 SR 194-- Hoffman, Ms. Tracey; recognize ................................................................. 225 SR 195-- Perdue, Ms. Monica; recognize ................................................................... 226 SR 196-- Lee, Ms. Marie; recognize ........................................................................... 226 SR 197-- Shafer, Ms. Caroline; recognize .................................................................. 226 SR 198-- Whatley, Ms. Debra; recognize ................................................................... 226 SR 199-- Richardson, Mr. Luther; recognize .............................................................. 226 SR 200-- Kershaw, Mr. William; recognize ............................................................... 226 SR 201-- Rogers, Mr. Victor; recognize ..................................................................... 226 SR 202-- Black, Mr. Scott; recognize ......................................................................... 226 SR 203-- Kirkland, Mr. David; recognize................................................................... 227 SR 204-- Fox, Ms Dee Anne; recognize ..................................................................... 227 SR 205-- Bradford, Ms. Vicki; recognize ................................................................... 227 SR 206-- Jackson, Ms. Willetta; recognize ................................................................. 227 SR 207-- Jones, Ms. Stephanie; recognize .................................................................. 227 SR 208-- Harper, Ms. Penny; recognize ..................................................................... 227 5488 INDEX SR 209-- Rhodes, Ms. Sarah; recognize ..................................................................... 227 SR 210-- Martin, Ms. Lanora; recognize .................................................................... 228 SR 211-- Jordan, Ms. Jennifer; recognize ................................................................... 228 SR 212-- Epting, Ms. Marie; recognize ...................................................................... 228 SR 213-- Skibbe, Ms. Jean; recognize ........................................................................ 228 SR 214-- Weldon, Ms. Bobbie; recognize .................................................................. 228 SR 215-- Williams, Ms. Sue Ellen; recognize ............................................................ 228 SR 216-- Walker, Ms Andrea; recognize .................................................................... 228 SR 217-- Gunnels, Ms. Monique; recognize............................................................... 229 SR 218-- DuVall, Ms. Jennifer; recognize .................................................................. 229 SR 219-- Hendrick-Fowler, Ms. Sureya; recognize.................................................... 229 SR 220-- Johnson, Ms. Shanna; recognize.................................................................. 229 SR 221-- Fluellen, Ms. Yulanda; recognize................................................................ 229 SR 222-- Hirsch, Ms. Maria; recognize ...................................................................... 229 SR 223-- Chavez, Ms. Jamie; recognize ..................................................................... 229 SR 224-- Mills, Ms. Patrice; recognize ....................................................................... 230 SR 225-- Talley, Ms. Rebecca; recognize................................................................... 230 SR 226-- Veal, Mr. Mikaa; recognize ......................................................................... 230 SR 227-- Thompson, Ms. Felicia; recognize............................................................... 230 SR 228-- Kirksey, Ms. Markeysha; recognize ............................................................ 230 SR 229-- Cochran, Ms. Karen; recognize ................................................................... 230 SR 230-- Jones, Ms. Sandy; recognize........................................................................ 230 SR 231-- Cook, Ms. Keisha; recognize....................................................................... 231 SR 232-- McCoy, Ms. Denise; recognize ................................................................... 231 SR 233-- Strong, Mr. Mack; recognize ....................................................................... 231 SR 234-- Roberts, Ms. Nekia; recognize..................................................................... 231 SR 235-- Schorr, Ms. Kim; recognize......................................................................... 231 SR 236-- Wright, Ms. Sheryl; recognize..................................................................... 231 SR 237-- Baker, Ms. Dolly Kay; recognize ................................................................ 231 SR 238-- Watson, Ms. Judy; recognize....................................................................... 231 SR 239-- Jacobson, Ms. Angie recognize ................................................................... 232 SR 240-- White, Ms. Dianne; recognize ..................................................................... 232 SR 241-- Speer, Ms. Becky; recognize ....................................................................... 232 SR 242-- Butler, Ms. Laura; recognize ....................................................................... 232 SR 243-- Moten, Ms. Zandra; recognize..................................................................... 232 SR 244-- Mack, Ms. Tonya; recognize ....................................................................... 232 SR 245-- Fuller, Mr. Mike and Mrs. Leila; recognize ................................................ 250 SR 246-- Bolen, Ms. Linda; recognize........................................................................ 232 SR 247-- Burch, Ms. Rhonda; recognize .................................................................... 233 INDEX 5489 SR 248-- Ealy, Ms. Ververlyn; recognize ................................................................... 233 SR 249-- Foster, Ms. Nichole; recognize .................................................................... 233 SR 250-- McDonald, Ms. Merrimoore; recognize ...................................................... 233 SR 251-- Hines, Ms. Margaret; recognize................................................................... 233 SR 252-- Wilson, Ms. Phylecia; recognize ................................................................. 233 SR 253-- Williams, Mr. J.T.; recognize ...................................................................... 233 SR 254-- Georgia's Sustainable and Environmentally Friendly Businesses; recognize .......................................................................... 224, 234 SR 255-- F-22 Raptor; request U.S. President and administration to continue the uninterrupted production..................................................... 234 SR 256-- Alzheimer's Awareness Day; recognize March 9........................................ 234 SR 257-- Alzheimer's Disease and Other Dementias Task Force; create .......................................................................................... 221, 277, 298, 1444, 1866, 3009 SR 258-- Rural Health Day; recognize February 19, 2009 ................................. 234, 330 SR 259-- Leadership Baldwin 2009; recognize .......................................................... 234 SR 260-- President/U.S. Congress; urged to support legislative efforts; amending U.S. Constitution to incorporate Voting Rights Act of 1965........................................................................... 221 SR 261-- Keenan, Vernon; Georgia Bureau of Investigation Director; recognize ...................................................................................... 250 SR 262-- Lupus Awareness Day; declare February 18 ....................................... 250, 299 SR 263-- President/U.S. Congress; urged to provide support to strengthen Georgia's public health infrastructure ...................... 245, 408, 458, 578, 680 SR 264-- Wald, Mrs. Florence; condolences .............................................................. 250 SR 265-- Tucker High School Football Team; recognize........................................... 251 SR 266-- Jackson, James Bryce; recognize................................................................. 251 SR 267-- Braddy, Brenetta; recognize ........................................................................ 251 SR 268-- McGee, Miranda; recognize ........................................................................ 251 SR 269-- Military Order of the Purple Heart's Georgia Chapter 492; recognize.............................................................................................. 251 SR 270-- Milledgeville Mayor's 2009 Commission on Youth Leadership; recognize .................................................................................. 251 SR 271-- Georgia Rides to the Capitol Day; declare March 3............................ 251, 526 SR 272-- Willett, Mr. Scott; recognize ....................................................................... 251 SR 273-- Congress; urged not to include a project labor agreement requirement in any economic stimulus legislation affecting State of Georgia .......................................... 246, 408, 458 5490 INDEX SR 274-- Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall................................................................. 246, 1329, 1436, 1910 SR 275-- Harrison High School Boys Golf Team; commend..................................... 252 SR 276-- Amerson, Mrs. Anne Dismukes; recognize................................................. 252 SR 277-- Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations; transferred to state treasury for purpose of funding - CA ...................................................... 246, 325, 368, 1444, 1867 SR 278-- Rose, Mr. George L.; recognize................................................................... 252 SR 279-- Bennett, Mrs. Josephine Braddock; recognize ............................................ 252 SR 280-- Ellenberg, Wells; recognize......................................................................... 250 SR 281-- U.S. Congress; urged to enact the Prevention First Act (H.R. 463/S.21)............................................................................................ 246 SR 282-- Georgia Young Farmers Association; recognize......................................... 252 SR 283-- Li, Mr. Bill; Carbon Motors Corporation, Carbon E-7; recognize...................................................................................................... 249 SR 284-- Lee, Catherine; recognize ............................................................................ 280 SR 285-- McConnell, Major Shannon Michael; recognize......................................... 280 SR 286-- Henry County Day; recognize February 25................................................. 281 SR 287-- Tuten, Mr. Grover; recognize .............................................................. 281, 526 SR 288-- Cherokee County; 2007 Child Fatality Review Panel of the Year; recognize .............................................................................. 281, 526 SR 289-- Harris, Mr. James; recognize ............................................................... 281, 526 SR 290-- Atlanta Motor Speedway Day; recognize March 5 ..................................... 281 SR 291-- National Childhood Brain Tumor Prevention Network Act; urge President/U.S. Congress to support legislative efforts to enact ........................................................................... 274, 408, 458, 707, 1306 SR 292-- African American Business Enterprise Day; recognize February 12 .................................................................................................. 281 SR 293-- Sustainable Business Day; declare February 12.......................................... 281 SR 294-- Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett.................................. 274, 409, 458, 528, 530, 2523, 4562 SR 295-- Strategic Deployment-Distribution Corridor Network; requesting the implementation................................................. 274, 701, 1330, 1919 SR 296-- Project Synergy; recognize .......................................................................... 281 SR 297-- Keep Georgia Beautiful Program; commemorate ....................................... 282 INDEX 5491 SR 298-- Cairo High School Syrupmaker Football Team; congratulate.......................................................................................... 282, 299 SR 299-- Future Farmers of America Day; recognize February 17............................ 279 SR 300-- Community Health; urged to work in conjunction with state-wide medical organizations; pediatric physicians; proper care for pre-term infants ........................................ 294, 408, 458, 1919 SR 301-- Fountain, Sara A.; honoring......................................................................... 299 SR 302-- Victim-Witness Advocate Day; recognize February 19...................... 299, 330 SR 303-- Leadership Atlanta Class of 2009; commend.............................................. 299 SR 304-- U.S. Fish/Wildlife Service; urged to conduct further scientific study in the Etowah River Basin; perform mandatory five-year review ....................................................... 294, 409, 458, 707, 1307 SR 305-- Alpha Kappa Alpha Day; recognize February 16........................................ 300 SR 306-- Hood, Mr. Roderick; recognize ................................................................... 300 SR 307-- Burrell, Jr., Dr. Zeb L.; recognize................................................................ 300 SR 308-- Gillespie, Dr. Charles B.; recognize ............................................................ 300 SR 309-- Bryant, Ms. Martha; recognize .................................................................... 300 SR 310-- Georgia's Internet Crimes Against Children Task Force; recognize............................................................................................ 300, 3107 SR 311-- Cassady, Rebecca; commend....................................................................... 328 SR 312-- Little, Casey; commend ............................................................................... 328 SR 313-- Ponticelli, Derek; commend ........................................................................ 328 SR 314-- Edwards, Miles; commend .......................................................................... 328 SR 315-- Minor, Dixie; commend............................................................................... 328 SR 316-- Doemel, Carol; commend ............................................................................ 328 SR 317-- Salas, Melanie; commend ............................................................................ 328 SR 318-- Speer, Laura; commend ............................................................................... 328 SR 319-- Bohn, Paul Winton; recognize ..................................................................... 328 SR 320-- Costa, Vincent Paul; recognize.................................................................... 329 SR 321-- Brown, Charlie Matthew; recognize............................................................ 329 SR 322-- Crowers, John; commend ............................................................................ 329 SR 323-- Kocsis, Zuzana; commend........................................................................... 329 SR 324-- Oswalt, Cameron; commend ....................................................................... 329 SR 325-- Miller, Kit; commend .................................................................................. 329 SR 326-- Maiocco, Christian David; recognize .......................................................... 329 SR 327-- Jeffersonian Principles; affirming states' rights......................... 321, 701, 1330 5492 INDEX SR 328-- Georgia Senate; urged to acknowledge a paramount right to life and need for protection of innocent human life at every stage of life ............................................................ 321, 521, 571, 3107, 3108 SR 329-- Red Coat Day; recognize March 4....................................................... 329, 586 SR 330-- Lilli Grace Memorial Foundation; recognize .................................... 330, 2233 SR 331-- Health Care Transformation; create Joint Study Committee.............................................................................. 321, 1328, 1436, 1918 SR 332-- Holcomb, Noel Z.; recognize....................................................................... 330 SR 333-- Lamar Mobley Memorial Barn; designate........................ 364, 522, 571, 1365, 1416, 2317, 3084 SR 334-- Health Care Transformation; create Senate Study Committee.............................................................................. 364, 2762, 2764, 3116 SR 335-- Sales Tax; proceeds used exclusively to build PeachCare for Kids; create Penny for the Kids Trust Fund - CA .................................................................................................... 364 SR 336-- Motor Fuel Taxes; appropriated for all activities incident to providing an adequate system of public roads/bridges; transportation purposes - CA ............................................... 364 SR 337-- Ernstes, Ryan; recognize.............................................................................. 369 SR 338-- Ray Delaigle Bridge; Burke County; designate .......................................... 365 SR 339-- MSG Davy Nathaniel Weaver Memorial Highway; Lamar County; dedicate............................................................................... 365 SR 340-- Burke, Mrs. Alana; recognize ...................................................................... 369 SR 341-- Bickerton, Ms. Laura "Molly"; recognize ................................................... 370 SR 342-- Vickery, Captain Joe; condolences.............................................................. 370 SR 343-- Harbison, Ed Mr.; recognize........................................................................ 370 SR 344-- Queen, Mr. Bill; recognize .......................................................................... 370 SR 345-- Waddell, Mrs. Vicky; recognize .................................................................. 370 SR 346-- Bowling, Nancy and Clint; recognize.......................................................... 370 SR 347-- Treece, Mrs. Alice; recognize...................................................................... 370 SR 348-- Shackleford, Mrs. Lori; recognize ............................................................... 370 SR 349-- Lloyd, Mr. Carlton; recognize ..................................................................... 371 SR 350-- Greene, Mrs. Angela; recognize .................................................................. 371 SR 351-- Schmidt, Ben; commend.............................................................................. 371 SR 352-- Burke, Kelly; commend............................................................................... 371 SR 353-- Thomas, Mrs. Jennifer; recognize ............................................................... 371 SR 354-- Mobley, Mr. Lamar; condolences................................................................ 371 SR 355-- Levine, Dr. David L.; recognize .......................................................... 371, 412 INDEX 5493 SR 356-- Gwinnett County Day; recognize February 25............................................ 371 SR 357-- Georgia Recreation and Park Association, Inc.; commend...................................................................................................... 372 SR 358-- Acree, Marisa K.; commend ........................................................................ 372 SR 359-- Bufkin, Jacqueline S.; commend ................................................................. 372 SR 360-- Autry, Annaliese; commend ........................................................................ 372 SR 361-- Lightner, Christina Blythe; commend ......................................................... 372 SR 362-- Rogers, Brett M.; commend......................................................................... 372 SR 363-- Graham, Angela Charlene; commend.......................................................... 372 SR 364-- Johnson, Drew Austin; commend................................................................ 372 SR 365-- Owens, David S.; commend ........................................................................ 373 SR 366-- Harp, Samika T.; commend ......................................................................... 373 SR 367-- Nagawa, Rita C.; commend ......................................................................... 373 SR 368-- Goss, Christopher D.; commend.................................................................. 373 SR 369-- Schleifer, John "William"; commend .......................................................... 373 SR 370-- Lundin, Lauren Elizabeth; commend .......................................................... 373 SR 371-- Murray, Destiny LeAnn; commend............................................................. 373 SR 372-- McDonald, Ryan M.; commend .................................................................. 374 SR 373-- Morgan, Robert A.; commend ..................................................................... 374 SR 374-- Maxwell, William N.; commend ................................................................. 374 SR 375-- White, Victoria; commend........................................................................... 374 SR 376-- Olguin, Hector; commend ........................................................................... 374 SR 377-- Faust, Christina Lynn; commend................................................................. 374 SR 378-- Elam, Ashley; commend.............................................................................. 374 SR 379-- Rhoads, Mark; commend............................................................................. 375 SR 380-- Wolfram, Laurissa Joy; commend............................................................... 375 SR 381-- Bullock, Russell A.; commend .................................................................... 375 SR 382-- Newton, Amanda Nichole; commend.......................................................... 375 SR 383-- Llanes, Juan A.; commend........................................................................... 375 SR 384-- Crawford, Robyn B.; commend................................................................... 375 SR 385-- Collins, Kyle; commend .............................................................................. 375 SR 386-- Edwards, Gabrielle A.; commend................................................................ 376 SR 387-- Darden, John; commend .............................................................................. 376 SR 388-- Broome, Candice Charles; commend .......................................................... 376 SR 389-- Pettingill, Jonathan R.; commend................................................................ 376 SR 390-- Vaughn, Kenneth Lee; commend ................................................................ 376 SR 391-- Jones, Anthony K.; commend...................................................................... 376 5494 INDEX SR 392-- Counties; re-creation of a previously existing county merged into another county accomplished by law; number of counties limited - CA ................................................................. 404 SR 393-- Kubit, Devin Philip; recognize .................................................................... 411 SR 394-- Georgia Association of Educators (GAE) Legislative Conference Day; recognize March 2 ........................................................... 411 SR 395-- Carter, Mr. Ronald E.; condolences............................................................. 411 SR 396-- Castille Family; recognize ........................................................................... 411 SR 397-- Grant, Jr., Mr. Michael; recognize............................................................... 411 SR 398-- Skin Cancer Awareness Day; recognize February 25 ......................... 411, 412 SR 399-- Georgia Nonprofit Organization and Their Governmental Partnerships; create Senate Study Committee.................................................................................. 404, 462, 521, 571, 2249, 2298, 3116, 3122 SR 400-- Junior Beta Club of Bagley Middle School Members; commend...................................................................................................... 412 SR 401-- Johnson, Dr. Harold C.; condolences .................................................. 412, 706 SR 402-- Joint Telecommunications Comprehensive Reform Study Committee; create.......................................................... 405, 700, 1330, 1918 SR 403-- Guido, Dr. Michael; condolences ................................................................ 412 SR 404-- Ge Zhang; recognize.................................................................................... 412 SR 405-- Robinson, Ms. Lithangia S.; condolences ................................................... 459 SR 406-- Educational Agencies; urged to adopt policies/procedures that permit fair opportunity for school systems to submit necessary documentations ............ 453, 1327, 1436, 1920 SR 407-- McBrayer, Mr. Keith; recognize.................................................................. 459 SR 408-- Smith, Pastor Jermaine A.; recognize.......................................................... 459 SR 409-- Gulfstream Aerospace Corporation; commend ........................................... 460 SR 410-- Wright, Corporal Curtis; recognize ................................................... 460, 2255 SR 411-- Kells, Kevin; commend ............................................................................... 460 SR 412-- Estrada, Juan P.; commend .......................................................................... 460 SR 413-- Whitaker, Jennifer; commend...................................................................... 460 SR 414-- Cribbs, James; commend ............................................................................. 460 SR 415-- Scott III, Robert G.; commend .................................................................... 460 SR 416-- Bunpermkoon, Erika Langley; commend.................................................... 460 SR 417-- Wood, Allison; commend ............................................................................ 460 SR 418-- Sanford, Courtney Rebecca; commend ....................................................... 461 INDEX 5495 SR 419-- Orr, Ally; commend..................................................................................... 461 SR 420-- Bishop, Andrew Paul; commend ................................................................. 461 SR 421-- Emory University Eagles; congratulate ....................................................... 461 SR 422-- Georgia Lottery Corporation; board of directors; request methods to increase funds available for Georgia HOPE scholarship program ...................................................... 453, 699, 1330, 1920, 2197 SR 423-- Links Day; recognize March 4 ............................................................ 461, 585 SR 424-- Gaines, Marx Reid; recognize ..................................................................... 461 SR 425-- Culbreth, John Daniel; recognize ................................................................ 461 SR 426-- Weems, Darius O'Brien; commend ............................................................. 461 SR 427-- Ad Valorem Tax; exemptions may be authorized locally-CA.................................................................................................... 453 SR 428-- Fulcher, Mrs. Jane Fraser; recognize........................................................... 462 SR 429-- Farve, Mrs. Beatrice; condolences............................................................... 462 SR 430-- Eller, Zachary; recognize............................................................................. 524 SR 431-- Georgia Civil War Heritage Trails; designate ......................... 519, 701, 1330, 1910, 1915, 2907, 4533 SR 432-- Morrow High School JROTC Instructors; recognize .................................. 524 SR 433-- U.S. Congress; request to oppose legislative efforts to expand the reach and scope of the Clean Water Act ............... 519, 699, 1330, 3107 SR 434-- Sharpe, Mr. Shannon; recognize.................................................................. 524 SR 435-- Lane III, Mr. Mills Bee; recognize .............................................................. 524 SR 436-- Hambone Jam as official Georgia State BBQ Championship Competition; recognize ....................................................... 524 SR 437-- Cotton, Mrs. Lottie; recognize..................................................................... 524 SR 438-- Morrow High School JROTC Members; commend.................................... 524 SR 439-- Addis, Jr, Mr. Paul Thomas "Tommy"; recognize ...................................... 525 SR 440-- Passmore, Mrs. Mildred Ruth Dixon; condolences ..................................... 525 SR 441-- Prince III, Mr. Samuel E.; recognize ........................................................... 525 SR 442-- Baker, Mrs. Maggie Houston; honoring ...................................................... 525 SR 443-- Bryant, Mr. Fernando; recognize....................................................... 525, 2553 SR 444-- Wells, Brittany Sharnay; remembering ................................. 519, 2545, 2548, 2771, 2798 SR 445-- Atlanta Motor Speedway Day; recognize March 5 ..................................... 525 SR 446-- Fulton County Taxpayers Foundation; recognize ....................................... 525 SR 447-- St. Patrick's Day Parade; recognize ..................................................... 525, 678 SR 448-- Walker, Miss Marianne; recognize.............................................................. 526 5496 INDEX SR 449-- 2009 Georgia Cotton Queens; recognize........................................... 526, 2240 SR 450-- Walton, Sara; recognize............................................................................... 526 SR 451-- Kolich, Delaney; commend ......................................................................... 526 SR 452-- Senate; amend Rules................................................................. 519, 685, 1201 SR 453-- Georgia Tax Reform Commission of 2009; providing access to certain otherwise confidential Dept. of Revenue information................................................................ 519, 698, 1330, 1444, 1869 SR 454-- Dukes, Mrs. Verona Mosley; honoring ....................................................... 572 SR 455-- Thomas, Mrs. Madie Berry; honoring ......................................................... 572 SR 456-- Blood Pressure Down Shift Program; create Senate Study Committee ................................................................... 564, 1328, 1436, 3117 SR 457-- Federal Republic of Germany; express cultural, economic, and educational cooperation....................................................... 572 SR 458-- Republic of Austria; express cultural, economic, and educational cooperation ............................................................................... 572 SR 459-- China Day; recognize March 17; People's Republic of China; express cultural, economic, and educational cooperation................................................................................................... 572 SR 460-- Nguyen, Khoa Dang; McMillan, Ginia; commend ..................................... 573 SR 461-- Akinosho, Abigail Oludoyin; Wright, Cheri; commend ............................. 573 SR 462-- Davis, Chelsea; Cox, Andrew; commend.................................................... 573 SR 463-- Solomon Lodge No. 1 of Free and Accepted Masons of Georgia......................................................................................................... 573 SR 464-- Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers ............................... 564, 698, 1330, 1920 SR 465-- Local School Systems/Postsecondary Institutions; value of partnership; recognize ......................................................... 565, 698, 1330, 1920 SR 466-- Performance Based Principal Certificate Renewal Design Team; establish............................................................ 565, 698, 1330, 1924, 2152 SR 467-- Camp, Justin; recognize............................................................................... 573 SR 468-- Stephens, Nicholas Neal; recognize ............................................................ 573 SR 469-- Columbus Day; recognize March 10 ........................................................... 573 SR 470-- Georgia's Legacy; Older Women! (GLOW); commend.............................. 574 SR 471-- Malone, Mr. Jeff; recognize......................................................................... 574 SR 472-- Family Literacy Night at Edgewood Elementary School; recognize......................................................................................... 574 INDEX 5497 SR 473-- Pate, Nan; commend .................................................................................... 574 SR 474-- Coffin, Sam; commend ................................................................................ 574 SR 475-- POW/MIA Recognition Day; recognize September 18 .............................. 574 SR 476-- Advance Directives Assessment, Planning, and Oversight; create Senate Study Committee ........................... 565, 2248, 2268, 3117 SR 477-- Omega Psi Phi Fraternity, Inc., Day; recognize March 11 ................................................................................................................. 574 SR 478-- Camden County High School Football Team; congratulate.................................................................................................. 574 SR 479-- Lakeview Ft. Oglethorpe High School Academic Decathlon Team; commend ......................................................................... 575 SR 480-- Demorest Woman's Club; recognize ........................................................... 575 SR 481-- Wilkinson, Mr. Warren Terrell; recognize .................................................. 575 SR 482-- Bulloch, Joni Elizabeth; Haid, John Christopher; congratulate.................................................................................................. 703 SR 483-- Gaines IV, Marx Reid; recognize ................................................................ 703 SR 484-- Georgia State Parks and Historic Sites Day; recognize March 12 ...................................................................................................... 703 SR 485-- Credit Unions in the U.S. of America; recognize........................................ 703 SR 486-- Georgia Institute of Technology; commend ................................................ 703 SR 487-- Georgia Statewide Coalition on Blindness; commend ...................... 704, 2765 SR 488-- General Federation of Women's Clubs Day; recognize April 24 ........................................................................................................ 704 SR 489-- Antioch Baptist Church; recognize.............................................................. 704 SR 490-- Thorton, Mrs. Jerelean D. "Jeri"; recognize ................................................ 704 SR 491-- Long, Bishop Eddie L.; recognize ............................................................... 704 SR 492-- Austin, Judy; commend ............................................................................... 704 SR 493-- Kaye, Valerie; commend ............................................................................. 704 SR 494-- Terry, Melissa; commend ............................................................................ 705 SR 495-- Batchelor, Laureen; commend..................................................................... 705 SR 496-- Hill, Michael; commend .............................................................................. 705 SR 497-- Petty, Keith; commend ................................................................................ 705 SR 498-- Aderhold, Michael; commend ..................................................................... 705 SR 499-- Canterbury, Jr., Hugh F.; commend ............................................................ 705 SR 500-- Becker, Robert; commend ........................................................................... 705 SR 501-- Haynes, Arron; commend ............................................................................ 706 SR 502-- Jones, Tyler Ondrea; commend ................................................................... 706 SR 503-- U.S. Congress; urged to adopt the Fair Tax Act.................... 693, 2918, 2920, 3107 5498 INDEX SR 504-- Ebenezer Baptist Church in Atlanta; recognize................................. 706, 1425 SR 505-- U.S. Congress; urged to eliminate 24 month waiting period for participants in Social Security Disability Insurance................................................................................ 693, 2248, 2268, 3107, 3109 SR 506-- Mental Health Continuum Care; create Senate Study Committee.............................................................................. 693, 1328, 1436, 3117 SR 507-- Sheriff Jimmy Middleton Memorial Highway; Camden County; dedicate .......................................................................................... 693 SR 508-- Wadley, Jerimiah; Price, Steve; commend ................................................ 1331 SR 509-- Spring Chicken Festival and Chicken City Cook Off; recognize.................................................................................................... 1332 SR 510-- State Properties Commission; Board of Regents; multiyear rental agreements - CA.............................................................. 1318 SR 511-- Goldie, Alexander Robert; recognize ........................................................ 1332 SR 512-- King, Douglas Carlisle; recognize............................................................. 1332 SR 513-- Joint Georgia State Fire Services Study Committee; create .......................................................................................................... 1318 SR 514-- Duchenne Muscular Dystrophy Day; recognize March 5 ......................... 1332 SR 515-- Law Day; recognize May 1........................................................................ 1332 SR 516-- Mulvaney, Mrs. Joanne; recognize ............................................................ 1332 SR 517-- Lovelace, Ms. Joyce; recognize................................................................. 1332 SR 518-- Petty, Keith; commend .............................................................................. 1332 SR 519-- Ariemma, Catherine; commend................................................................. 1333 SR 520-- General Assembly; any governmental body/private corporation performing a public purpose shall be open the public - CA........................................................................................... 1426 SR 521-- Williamson, Dr. Mitchell Todd; recognize................................................ 1437 SR 522-- Senate Comprehensive Development Impact Fee Study Committee; create ................................................................ 1427, 2267, 2299, 3117, 3123 SR 523-- Zhang, Ge Andy; commend....................................................................... 1437 SR 524-- Stowell, Chelsea; commend....................................................................... 1437 SR 525-- Cassady, Rebecca; commend..................................................................... 1437 SR 526-- Edwards, Miles; commend ........................................................................ 1437 SR 527-- Wang, Annie; commend ............................................................................ 1437 SR 528-- Lomsadze, Liya; commend........................................................................ 1437 SR 529-- Ponticelli, Derek; commend ...................................................................... 1437 SR 530-- Schmidt, Mrs. Dorothy; honoring.............................................................. 1438 SR 531-- Lui, Stephen; commend ............................................................................. 1438 INDEX 5499 SR 532-- Israel, State of; expressing cultural, economic, and educational cooperation ............................................................................. 1438 SR 533-- Motorcycle Safety and Awareness Month; recognize ............................... 1438 SR 534-- McHenry, Mrs. Regina Chester; condolences ........................................... 1438 SR 535-- POW/MIA Recognition Day; recognize September 18 ............................ 1438 SR 536-- Georgia Military Order of the Purple Heart, Ladies Auxiliary of the Georgia Military Order of the Purple Heart; recognize......................................................................................... 1438 SR 537-- Wright, Jr.; Dr. Robert L.; recognize......................................................... 1438 SR 538-- Arylessence, Inc.; congratulate.................................................................. 1439 SR 539-- Patterson Services, Inc.; congratulate ........................................................ 1439 SR 540-- MetroAtlanta Ambulance Service; congratulate ....................................... 1439 SR 541-- Puckett EMS; congratulate ........................................................................ 1439 SR 542-- Jan-Pro Cleaning Systems; congratulate ................................................... 1439 SR 543-- HLB Gross Collins, P.C.; congratulate...................................................... 1439 SR 544-- Preferred Jet Center; congratulate ............................................................. 1439 SR 545-- A Legendary Event; congratulate .............................................................. 1439 SR 546-- Global Technology Connection, Inc.; congratulate................................... 1440 SR 547-- Blue Sky Exhibits, LLC; congratulate....................................................... 1440 SR 548-- Topper Limousine, Inc.; congratulate........................................................ 1440 SR 549-- BlueWave Computing, LLC; congratulate ................................................ 1440 SR 550-- CIO Partners of Atlanta; congratulate ....................................................... 1440 SR 551-- Sun Valley Beach; congratulate................................................................. 1440 SR 552-- Security 101; congratulate ......................................................................... 1440 SR 553-- The Bottoms Group; congratulate ............................................................. 1440 SR 554-- Exceptional Embroidery and Gifts; congratulate ...................................... 1441 SR 555-- Ezekiel IPM; congratulate ......................................................................... 1441 SR 556-- Fulfillment Strategies International; congratulate ..................................... 1441 SR 557-- Corporate Impressions, Inc.; congratulate ................................................. 1441 SR 558-- Zenith Design Group; congratulate ........................................................... 1441 SR 559-- Albion Scaccia Enterprises, LLC; congratulate......................................... 1441 SR 560-- Mopdog Creative + Strategy; congratulate................................................ 1441 SR 561-- Solar Velocity, LLC; congratulate............................................................. 1441 SR 562-- Foot Solutions, Inc.; recognize .................................................................. 1442 SR 563-- Senate Study Committee on Drug Courts and Addictive Drugs; create .............................................................................................. 1427 SR 564-- Everybody Wins! Atlanta; recognize......................................................... 1442 SR 565-- Catholic Day; recognize March 12 ............................................................ 1442 SR 566-- U.S. Congress; urged to adopt the Fair Tax Act.................. 1427, 2919, 2920, 3107 5500 INDEX SR 567-- Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate ................................... 1427 SR 568-- Gwinnett Chapter of the American Association of Retired Persons; recognize ........................................................................ 1442 SR 569-- Taylor, Mrs. Ginger; recognize ................................................................. 1333 SR 570-- State of Georgia; express support for comprehensive immigration reform.................................................................................... 1427 SR 571-- Fleury, Ronald and Ann; recognize ........................................................... 1442 SR 572-- Harris, Mr. Kevin; recognize ..................................................................... 1903 SR 573-- Georgia Salzburger Society; commend ........................................... 1903, 2242 SR 574-- Hutchins, Mr. Lawrence; recognize........................................................... 1903 SR 575-- Franklin, Honorable Shirley; recognize........................................... 1903, 2252 SR 576-- Landings Military Family Relief Fund; recognize .................................... 1903 SR 577-- Trethewey, Natasha; recognize........................................................ 1903, 2554 SR 578-- Greater Antioch Missionary Baptist Church; recognize............................ 1903 SR 579-- Senate Biomass/Bioenergy Study Committee; create ......... 1886, 2298, 2324, 3117 SR 580-- World Kidney Day; recognize March 12................................................... 1904 SR 581-- Georgia Families for Virtual Academy Day; recognize March 17 .................................................................................................... 1904 SR 582-- Aaron, Stephen; recognize......................................................................... 1904 SR 583-- Morgan, Sr., Honorable Jack Hays; condolences ...................................... 1904 SR 584-- Brookwood High School Broncos Swim and Dive Team; commend .............................................................................. 1904, 2554 SR 585-- Carter, Mrs. Katherine Turner; recognize.................................................. 2231 SR 586-- Hall, Dr. Beverly L.; recognize ................................................................. 2231 SR 587-- Burke, Mrs. Alana; recognize .................................................................... 2231 SR 588-- Office of Child Support Services Fatherhood/Paternity Program; recognize .................................................................................... 2232 SR 589-- Congress; request legislative action to change the current definition of renewable biomass; forest lands......... 2222, 2298, 2324, 3107 SR 590-- Effingham County High School Wrestling Team; recognize.......................................................................................... 2232, 2269 SR 591-- Community Assistance in Fire Emergencies Team in Statesboro, Georgia; recognize ........................................................ 2232, 2924 SR 592-- McGlamery, Mr. Johnny James; condolences........................................... 2232 SR 593-- Feinberg, Mr. Ian; recognize...................................................................... 2232 SR 594-- Chinese Peoples Association for Friendship with Foreign Countries; recognize..................................................................... 2232 INDEX 5501 SR 595-- Regional Educational Service Agencies; create Senate Study Committee ................................................................. 2223, 2761, 2764, 3117 SR 596-- Davis, Rev. Dr. Sam; recognize................................................................. 2232 SR 597-- Aaron, Mr. Tommy; recognize ........................................................ 2232, 2269 SR 598-- Hays, Mr. Lamar B.; condolences ............................................................. 2233 SR 599-- Sutton, Jr. Mr. Robert L.; recognize .......................................................... 2233 SR 600-- Frey, Zach; recognize ................................................................................ 2233 SR 601-- American Red Cross Month; recognize March ............................... 2233, 2255 SR 602-- National Guard Day; recognize March 5......................................... 2233, 2301 SR 603-- Stepat, Fritz; recognize .............................................................................. 2252 SR 604-- Cano, David; recognize.................................................................... 2252, 2924 SR 605-- U.S. Congress; a request to avoid wasteful, unnecessary and unwise projects.............................................................. 2246, 2919, 2920, 3107 SR 606-- Taylor, Honorable Mark; recognize .......................................................... 2252 SR 607-- Sitherwood, Suzanne; commend ............................................................... 2253 SR 608-- Russell, Sylvia; commend ......................................................................... 2253 SR 609-- Hope House and Jerry Carrier Benefit Concert; recognize.................................................................................................... 2253 SR 610-- Doyle, Mr. Michael; recognize .................................................................. 2253 SR 611-- Kahler, Mr. T.C. "Tom"; recognize ........................................................... 2253 SR 612-- Ligon, Jr.; Honorable William T.; recognize............................................. 2253 SR 613-- Appalachian Center for Higher Education at North Georgia College and State University in Dahlonega; recognize .............................................................................. 2246, 2546, 2548, 3107 SR 614-- Columbia County Chamber of Commerce; recognize .............................. 2253 SR 615-- Senate Georgia State Fire Services Study Committee; create .................................................................................... 2246, 2298, 2324, 3117, 3125 SR 616-- Thornton, Mrs. Jerelean D. "Jeri"; recognize ............................................ 2253 SR 617-- Mann, Miss Lindsey Marie; recognize ...................................................... 2254 SR 618-- Peanut Proud Day Expo; recognize ........................................................... 2254 SR 619-- Environmental Protection Division; natural to dissolved oxygen in Savannah Harbor; aquatic species; request to lead efforts ........................................................................... 2262, 2918, 2920, 3107 SR 620-- AVID Day; recognize March 25................................................................ 2269 SR 621-- President Obama; request to select Mr. Thomas J. Harrold, Jr. to serve as U.S. Ambassador to Germany .............................. 2262 5502 INDEX SR 622-- Senate Dangerous Dogs Study Committee; create .............. 2263, 2545, 2548, 3117 SR 623-- Rose, James Douglas; recognize................................................................ 2269 SR 624-- Ash, Mrs. Ruth F.; recognize..................................................................... 2269 SR 625-- Jones, Jr., Mr. Stanley S.; recognize.......................................................... 2269 SR 626-- Private Health Insurers; require to pay for the treatment of veterans' service connected injuries/disabilities; express opposition...................................................................................... 2263 SR 627-- Senate Study Committee on the Merger of Georgia Technical and Two-Year Colleges; create........................... 2263, 2546, 2548, 3117 SR 628-- Health Care Provider Rental Network Contract Arrangements; create Senate Study Committee .................. 2263, 2762, 2764, 3117 SR 629-- Slayton, Mildred; recognize............................................................. 2287, 2519 SR 630-- Hephzibah High School Participants; recognize ....................................... 2300 SR 631-- Greater Columbia County Republican Women; recognize.................................................................................................... 2300 SR 632-- Jeffersonian Principles; affirming state's rights................... 2293, 2919, 2920, 3107, 3111 SR 633-- Renfroe Middle School Climate Change Project Participants; congratulate........................................................................... 2300 SR 634-- Druid Hills High School Fall Fest Project Participants; congratulate................................................................................................ 2300 SR 635-- Georgia Health Disparities for Asian and Pacific Islander Americans; create Senate Study Committee.......... 2293, 2545, 2548, 3117 SR 636-- Omega Psi Phi Fraternity, Inc. Day; recognize March 25 ..................................................................................................... 2300, 2553 SR 637-- Governor; term of office; compensation and allowances-CA........................................................................................... 2293 SR 638-- King, Dr. Samuel T.; recognize ................................................................. 2300 SR 639-- Levetan, Mr. Steven; recognize ....................................................... 2300, 2765 SR 640-- Newnan Southern Stars "Super Stars" Cheer Team; recognize.................................................................................................... 2301 SR 641-- Roosevelt Warm Springs Institute for Rehabilitation; create Senate Study Committee ........................................... 2318, 2545, 2548, 3117 SR 642-- Consolidation of Services for Crime Victims; create Senate Study Committee...................................................... 2318, 2545, 2548, 3117 INDEX 5503 SR 643-- Huddleston, Mr. Charles T.; Georgia Metros Girls Basketball Club; recognize ........................................................................ 2325 SR 644-- Butler High School Participants; 2008-2009 Youth Leadership Richmond County Program; recognize................................... 2325 SR 645-- Westside High School Participants; 2008-2009 Youth Leadership Richmond County Program; recognize................................... 2325 SR 646-- Glenn Hills High School Participants; 2008-2009 Youth Leadership Richmond County Program; recognize................................... 2325 SR 647-- Hephzibah High School Participants; 2008-2009 Youth Leadership Richmond County Program; recognize................................... 2325 SR 648-- Childree, Mrs. Mary Ellen; condolences ................................................... 2325 SR 649-- Educational Agencies; accreditation process; adopt policies/procedures for school systems to submit necessary documentation ..................................................... 2318, 2761, 2764, 3107 SR 650-- Prevent Child Abuse Awareness Month; recognize April 2009 .................................................................................................. 2325 SR 651-- Mt. Bethel Elementary School; recognize ................................................. 2326 SR 652-- Wheeler High School Boys Basketball Team; congratulate................................................................................................ 2326 SR 653-- Whitefield Academy Wolfpack Basketball Team; congratulate................................................................................................ 2326 SR 654-- Legislative Solutions for the Safe Use of Cellular Telephones In Motor Vehicles; create Senate Study Committee............................................................................ 2318, 2919, 2920, 3117 SR 655-- Housley, Ryan; HeroBox.org; recognize................................................... 2326 SR 656-- Ruggles, Richard Neal; recognize ............................................................. 2326 SR 657-- LeClercq, Daniel Edward; recognize......................................................... 2326 SR 658-- Mackley, Derek; recognize ........................................................................ 2326 SR 659-- Daniel, Adam Bycel; recognize ................................................................. 2326 SR 660-- Wilkinson, Hayes Tolbert; recognize ........................................................ 2326 SR 661-- Dekle, Ryan Paul; recognize...................................................................... 2327 SR 662-- Cotney, Grayson Coley; recognize ............................................................ 2327 SR 663-- Carnes, Mrs. Sarah Robertson; recognize.................................................. 2549 SR 664-- Patient Centered Medical Home; create Senate Study Committee............................................................................ 2524, 2918, 2920, 3117, 3126 SR 665-- Senate Administration of Dental Benefits for Medicaid and Peachcare Study Committee; create.............................. 2525, 2918, 2920, 3118 SR 666-- Hathorn, Kalinda; recognize ...................................................................... 2549 5504 INDEX SR 667-- Senate Retrofit of Diesel Engines Study Committee; create .................................................................................... 2525, 2918, 2920, 3118 SR 668-- Garrett, Mr. Lawrence "Larry" H.; condolences ....................................... 2549 SR 669-- Gaither, Rev. Dr. Sherry; recognize .......................................................... 2549 SR 670-- Miller Grove Varsity Boys Basketball Team; congratulate...................................................................................... 2549, 2924 SR 671-- Stephens, Nicholas; commend................................................................... 2550 SR 672-- Autism; create Senate Study Committee ............................. 2757, 2918, 2920, 3118 SR 673-- Chandler, Mr. Terry; recognize ................................................................. 2766 SR 674-- Arcade, City of, Georgia; recognize .......................................................... 2766 SR 675-- Tarbutton, Mr. Charles K.; recognize........................................................ 2766 SR 676-- Flowery Branch High School Wrestling Team; recognize.................................................................................................... 2766 SR 677-- Ellis, Mr. Burrell; congratulate .................................................................. 2766 SR 678-- Bradley, Dr. Jesse; commend .................................................................... 2766 SR 679-- Huie, Lucy C.; recognize ........................................................................... 2766 SR 680-- Aust, Dr. Catherine; recognize .................................................................. 2766 SR 681-- Martino, Dennis C.; recognize................................................................... 2767 SR 682-- George, Tom; recognize ............................................................................ 2767 SR 683-- Lau, Tommy; commend............................................................................. 2767 SR 684-- Martin, Edward; commend ........................................................................ 2767 SR 685-- Property Tax Assessments and Appeals; create Senate Study Committee ................................................................. 2757, 2919, 2920, 3118 SR 686-- Self-sufficiency of State Museums, Parks, and Golf Courses; create Senate Study Committee ............................ 2757, 2919, 2920, 3118 SR 687-- Thomas, Henry Charles "Chase"; recognize ............................................. 2767 SR 688-- Dixie Speedway Day; recognize May 23 .................................................. 2767 SR 689-- Castello, Mr. Pete; recognize..................................................................... 2767 SR 690-- Transportation Department, Georgia; request to develop a state rail plan ...................................................................... 2757, 2920, 3108 SR 691-- Biasiotto, Dr. Judd; recognize ................................................................... 2767 SR 692-- Vietnam War Veterans; apologizing for pain this state has caused promising to honor the forgotten veterans extending support to troops ....................................................................... 2757 SR 693-- Whatley, Mr. Lynn; recognize................................................................... 2768 SR 694-- Dublin High School Boys Basketball Team; congratulate................................................................................................ 2768 INDEX 5505 SR 695-- Georgia 2012 Committee for the Republican National Convention; recognize ............................................................................... 2922 SR 696-- Smith, Mr. LeKevin; recognize ................................................................. 2922 SR 697-- Roberts, Mr. Randy Samuel; condolences................................................. 2922 SR 698-- Rogers, Jr., Mr. Curtis "Buddy"; condolences........................................... 2922 SR 699-- Coweta Up In A Smoke Barbecue Cook-off; recognize ........................... 2922 SR 700-- 2nd Bravo 121st Battalion of the 48th Brigade of the Georgia Army National Guard; recognize................................................. 2923 SR 701-- English, Charles D.; recognize .................................................................. 2923 SR 702-- Georgia; recognize difficult economic times facing nation/pledging recovery efforts................................................................ 2923 SR 703-- Redden, Mr. Steve; recognize.................................................................... 2923 SR 704-- Evans, Mrs. Gena L.; recognize................................................................. 2923 SR 705-- Certification of Building Inspectors and Code Enforcement Official; Senate Study Committee ....................................... 2910 SR 706-- Leoncavallo, Excellency Claudio; recognize .................................. 2923, 2924 SR 707-- Herndon, Mr. William; recognize.............................................................. 3102 SR 708-- Davis, Mr. W. Barry; commend ................................................................ 2923 SR 709-- King, Mrs. Naomi Ruth; recognize............................................................ 3103 SR 710-- W.D. Lemon & Sons Funeral Home; recognize........................................ 3103 SR 711-- Slosheye Trail Big Pig Jig; recognize........................................................ 3103 SR 712-- Balfour, Honorable Don; commend ................................................ 3103, 4098 SR 713-- Rahn, Dr. Daniel W.; recognize................................................................. 3103 SR 714-- Flakes, Jr., Rev. Dr. J. H.; recognize ......................................................... 3103 SR 715-- Reese, Mr. Benjamin Charles; condolences .............................................. 3103 SR 716-- Travis, Trey; recognize .............................................................................. 3103 SR 717-- Eriquezzo, Alex; recognize........................................................................ 3104 SR 718-- Drever, Jeff; recognize............................................................................... 3104 SR 719-- Young, Zach; recognize............................................................................. 3104 SR 720-- Bell, T.J.; recognize ................................................................................... 3104 SR 721-- Bremen High School Wrestling Team; congratulate................................. 3104 SR 722-- Wood, Mrs. Willie Mae "Kat" Vick; honoring.......................................... 3104 SR 723-- Evanick, Mr. Michael; recognize............................................................... 3104 SR 724-- Phillips, Mr. Donald; recognize................................................................. 3104 SR 725-- Daniels, Mr. Al; recognize......................................................................... 3104 SR 726-- A.R. Johnson School Participants; recognize ............................................ 3105 SR 727-- Augusta Preparatory Day School Participants; recognize.................................................................................................... 3105 SR 728-- Cross Creek High School Participants; recognize ..................................... 3105 SR 729-- Academy of Richmond County Participants; recognize............................ 3105 5506 INDEX SR 730-- Charles H. Evans Community Center; recognize ...................................... 3105 SR 731-- Gracy, Mr. Ron; recognize ........................................................................ 3105 SR 732-- Clark, Mr. Bill; recognize .......................................................................... 3105 SR 733-- Emberson, Mr. Jim; recognize................................................................... 3105 SR 734-- Sturgis, Jedidiah; recognize ....................................................................... 3106 SR 735-- Lassiter, Mr. Keith; commend ................................................................... 3106 SR 736-- Senate Telecommunications Comprehensive Reform Study Committee; create............................................................................ 3101 SR 737-- Moore, Ms. Sarah; recognize..................................................................... 3106 SR 738-- Young, Mr. David; recognize .................................................................... 3106 SR 739-- Dawson, Mr. Mike; recognize ................................................................... 3106 SR 740-- Brandon, Mr. Ben; recognize..................................................................... 3106 SR 741-- Haslerig, Willie A.; commend ................................................................... 3106 SR 742-- Georgia's Vistor Information Centers Program; recognize.................................................................................................... 3106 SR 743-- Blackmon Road Middle School Math Team; commend ........................... 4082 SR 744-- Nasworthy, Jason; Kyte, Travis; recognize ............................................... 4082 SR 745-- Shifalo, Mr. Robert "Joe"; condolences..................................................... 4082 SR 746-- Hutchinson, Jr., Mr. James "Jimmy"; condolences ................................... 4082 SR 747-- McKnight, Mr. Paul R.; condolences ........................................................ 4082 SR 748-- Hennessey, Ms. Amy; recognize ............................................................... 4082 SR 749-- Morris, Mr. Floyd E.; recognize ................................................................ 4082 SR 750-- Snope, Mr. Daniel P.; recognize ................................................................ 4083 SR 751-- Moultrie, City of; congratulate .................................................................. 4083 SR 752-- Senate Emergency and Pandemic Preparedness and Response Study Committee; create ........................................................... 4080 SR 753-- Wilson, Ms. Ashlie Margaret; recognize................................................... 4083 SR 754-- Moore, Mr. Isaiah C.; commend................................................................ 4083 SR 755-- Mustari, Mr. Jeff; commend ...................................................................... 4083 SR 756-- Wickman, Ms. Aimee; commend .............................................................. 4083 SR 757-- Malbrue, Ms. Brandeis J.; commend ......................................................... 4083 SR 758-- Franklin, Mr. John Hope; condolences...................................................... 4083 SR 759-- Mortgage; request mortgage lending institutions to adopt rent-to-own programs; eliminate unnecessary home mortgage foreclosures...................................................................... 4080 SR 760-- Republic of Switzerland; expressing cultural, economic, and educational cooperation ...................................................................... 4084 SR 761-- U.S. Congress; urged to require U.S. Census Bureau to provide a fair, accurate, and unbiased actual count of the population ............................................................................................ 4081 INDEX 5507 SR 762-- Bradley, Sr., Dr. John "Doc"; honoring..................................................... 4084 SR 763-- Smith, Stacie J.; recognize......................................................................... 4084 SR 764-- Bell, James A.; recognize .......................................................................... 4084 SR 765-- Cuspard-Hightower, Donica L.; recognize................................................ 4084 SR 766-- Litman, Ella L.; recognize ......................................................................... 4084 SR 767-- Mixon, Keith L.; recognize........................................................................ 4084 SR 768-- Maultsby, Robyn K.; recognize ................................................................. 4084 SR 769-- Smith, Forrest; recognize........................................................................... 4085 SR 770-- Tamakloe, Shawna M.; recognize ............................................................. 4085 SR 771-- Scott, Tarris L.; recognize.......................................................................... 4085 SR 772-- Washington, Ruffin E.; recognize ............................................................. 4085 SR 773-- Moore, Travor D.; recognize ..................................................................... 4085 SR 774-- Thomas, Eric M.; recognize....................................................................... 4085 SR 775-- O'Neal, Mr. Michael; recognize................................................................. 4085 SR 776-- Smith, Jr., Mr. Charles; recognize ............................................................. 4086 SR 777-- Jones, Jr.; Mr. Warren; recognize.............................................................. 4086 SR 778-- Anderson, Honorable Wendell T.; condolences ........................................ 4086 SR 779-- Gwinnett County Public School System; recognize.................................. 4086 SR 780-- Wade, Mrs. Barbara; recognize ....................................................... 4086, 4199 SR 781-- Sanders, Antwayne D.; recognize.............................................................. 4086 SR 782-- Chillis, Eboni C.; recognize....................................................................... 4086 SR 783-- Harris, Tamika N.; recognize..................................................................... 4086 SR 784-- Moore, Lorenzo J.; recognize .................................................................... 4087 SR 785-- King, Tyrone C.; recognize........................................................................ 4087 SR 786-- Antoine, Alissa Q.; recognize ................................................................... 4087 SR 787-- Kaigler-Neely, April J.; recognize............................................................. 4087 SR 788-- Nelson, Monica C.; recognize ................................................................... 4087 SR 789-- O'Neal, Beulah M.; recognize.................................................................... 4087 SR 790-- Warring, Debra J.; recognize ..................................................................... 4087 SR 791-- McMullen, Collier Lauren; celebrate birth................................................ 4199 SR 792-- Brown, Madeline Francis; celebrate birth ................................................. 4199 5508 INDEX PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS HB 2-- Security and immigration compliance; public employers; clarify requirements .......................................... 2218, 2223, 2919, 2920, 3153, 3781, 4598, 5368 HB 16-- Electronic tracking device; location of person without consent; prohibit .................................................................. 2214, 2223, 2763, 2764, 3152, 4238, 4555, 4597, 5301, 5302 HB 23-- Motor vehicles; cell phones; text messaging; prohibit use ......................................................................................... 2213, 2223, 2762, 2764 HB 29-- Georgia Civil Practice Act; electronic service of pleadings; provisions ............................................................... 289, 294, 2546, 2548, 2931, 2933, 3934, 4074, 4196, 4208, 5356, 5455 HB 44-- Budget Act; application of zero-based budgeting; provisions.............................................................................. 2178, 2187, 2761, 2764 HB 45-- Elections and primaries; voter registration; proof of United States citizenship; provisions................................................... 685, 693 HB 46-- Sales and use tax; certain sales of dyed fuel oils; provide exemption ................................................................... 176, 180, 2248, 2268, 2931, 2937, 3971 HB 49-- Georgia Board for Physicians Workforce; revise certain provisions................................................................................... 147, 150, 699, 1330, 2931, 2940 HB 50-- Death investigations by coroners; notification requirements; provide ............................................................... 448, 454, 2762, 2764 HB 56-- Sales and use tax; renegotiation of distribution certificates; change certain provisions................................. 1309, 1318, 2918, 2920, 3152, 4144, 4546, 5419 INDEX 5509 HB 57-- Motor vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate .............................................................................. 1875, 1886, 2249, 2268, 2931, 2941, 4201, 5418 HB 59-- Sales and use tax; controlled substances and dangerous drugs; certain exemptions; provide............................................ 357, 365, 521, 571, 2237 HB 60-- Licensing requirements and exceptions; professional counseling, social work, or marriage and family therapy; provisions................................................................... 125, 127, 2298, 2324, 2554, 2555 HB 63-- Redevelopment Powers Law; enact..................................... 1309, 1318, 2918, 2920, 3152, 3733, 4194, 4207, 4452, 4457, 5388, 5459 HB 64-- Death certificate filings; cause and circumstances of death; coroners; provisions ...................................................... 399, 405, 2918, 2920, 3152, 3765, 4257 HB 68-- Deceased individuals; regulation of certain areas; disposition of bodies; provisions ......................................... 1310, 1319, 2267, 2299, 2323, 2547, 2771, 2800, 2982, 3910, 4194, 4199, 4264, 4515 HB 69-- Attending physicians; order not to resuscitate a candidate for nonresuscitation; provide under certain conditions................................................................................. 195, 202, 2918, 2920, 3153, 3768, 4200 HB 71-- False identification documents; manufacturing, selling, or distributing; provisions........................................................ 242, 247, 2249, 2268, 2302, 2753 HB 74-- Revenue and taxation; define terms; provide .......................... 555, 565, 2297, 2324, 2931, 2949 HB 80-- Insurance contracts; corporations; employees covered; change minimum number .......................................................... 176, 180, 296, 326, 2251, 2254 HB 86-- Elections; absentee ballots; returns be made by precinct; provide ..................................................................................... 686, 694, 2297, 2324, 3153, 3773 5510 INDEX HB 93-- Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization.............. 1875, 1887, 2266, 2299, 2771, 2807 HB 98-- Athens-Clarke County Unified Government; membership; provisions........................................................... 195, 202, 2267, 2272 HB 100-- Education; student scholarship organizations; provisions................................................................................... 399, 405, 698, 1330, 2302, 2304 HB 101-- Roadways; certain facilities; provide regulation ..................... 448, 454, 2764, 3153, 3773, 4257 HB 108-- Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide .................................................... 381, 388, 2266, 2299 HB 114-- Newborn, Town of; provide new charter............................ 196, 202, 278, 282 HB 115-- Distilled spirits; state license requirements; identifying information; provide ............................................................ 1876, 1887, 2547, 2548, 2931, 2957 HB 116-- Sales and use tax; repair of certain aircraft; sale of parts; provide exemption ......................................................... 242, 247, 2248, 2268, 2554, 2558 HB 117-- House and Senate; certain committees; amend Official Code of Georgia Annotated references...................................... 110, 115, 409, 458, 528, 529 HB 118-- Supplemental appropriations; State Fiscal Year July 1, 2008 - June 30, 2009.......................................................... 508, 520, 571, 706, 707, 1200,1317, 1363, 1386, 1389, 1484, 1838, 1856 HB 119-- General appropriations; State Fiscal Year July 1, 2009 June 30, 2010 ....................................................................... 2288, 2293, 2917, 2920, 3153, 3157, 3732, 3764, 3772, 3776, 4548, 4621 HB 120-- Sales and use tax exemption; certain school supplies; energy efficient products; provide ............................................. 400, 405, 521, 571, 3153, 3777 HB 121-- Revenue and taxation; prepaid state fuel tax; provide exemption................................................................................. 177, 181, 2248, 2268, 2931, 2970 INDEX 5511 HB 123-- Sexual offenses; child molestation; define; change certain provisions................................................................. 1876, 1887, 2546, 2548, 2771, 2808, 2955 HB 126-- Uniform Electronic Transactions Act; enact ....................... 2179, 2188, 2265, 2299, 2554, 2561, 2955 HB 127-- Uniform Real Property Electronic Recording Act; adopt; provisions...................................................................... 686, 694, 2546, 2548, 2931, 2973, 3971 HB 128-- Disabled veterans and blind persons; eligibility certificate; provisions........................................................................... 196, 203 HB 129-- Sales and use tax exemption; zoological institution; provide ................................................................................. 2218, 2224, 2297, 2324, 2931, 2977 HB 141-- Financial institutions; update definitions; provisions.............. 125, 128, 2265, 2299, 3153, 3780, 4451 HB 143-- Local government; homeowner tax relief grants; change certain provisions............................................................... 119, 150, 170, 186, 187, 190, 191, 194, 207 HB 145-- Child Support; revise a definition; correct crossreferences; provisions .............................................................. 686, 694, 2546, 2548, 2931, 2980 HB 147-- Bonds or recognizances; professional bondsmen; provisions............................................................................. 1310, 1319, 2546, 2548, 3153, 3789, 4202 HB 149-- Move on When Ready Act; enact ............................................ 449, 454, 2266, 2299, 2554, 2574 HB 156-- Magistrate judges; performing military duty; eligible for reelection; provisions ......................................................... 400, 406, 2297, 2324, 2931, 2982, 3970, 5295 HB 157-- Lottery shortfall reserve subaccounts; revise trigger reductions in HOPE; provisions ........................................ 177, 181, 248, 278, 2251 HB 158-- Public water systems; water usage among tenants; revise provisions ................................................................... 2191, 2194, 2547, 2548 5512 INDEX HB 160-- Driver Services, Department of; increase fees; speed restrictions; provisions......................................................... 1418, 1428, 2298, 2324, 2554, 2580 HB 164-- Bremen, City of; provide new charter ...................................... 196, 203, 4456, 4463, 4470, 4505 HB 167-- Cherokee County State Court; additional judge; provide........ 400, 406, 2546, 2548, 2931, 2985 HB 168-- Telecommunications; modernize competition; provisions......................................................................................... 1876, 1888 HB 169-- Natural Resources, Department of; proposed new or revised flood elevations; require notice................................... 515, 520, 2918, 2920, 3153, 3790, 4195, 4232, 4454, 4457, 5450 HB 170-- State owned marshland or water bottoms; leasing; change certain provisions......................................................... 449, 454, 2249, 2268, 2554, 2583, 2954 HB 171-- Public records; exemptions to requirements for disclosure; provisions ........................................................... 1310, 1319, 2762, 2764 HB 172-- Employees' Retirement System of Georgia; disability benefits; provisions ................................................................... 400, 406, 2267, 2299 HB 173-- Illegal or void contracts; partial restraint of trade; repeal ... 2201, 2207, 2547, 2548, 3153, 3794 HB 176-- Roswell, City of; Redevelopment Powers Law; authorize.............................................................................. 268, 275, 368, 377 HB 178-- Glynn County; ad valorem tax; county purposes; homestead exemption; provisions....................................... 196, 203, 522, 527 HB 179-- Glynn County; ad valorem tax; school district; homestead exemption; provisions....................................... 197, 204, 522, 527 HB 181-- State revenue commissioner's authority; distributions; repeal certain provisions .......................................................... 268, 275, 2297, 2324, 2771, 2810 HB 184-- Marriage license; sickle cell disease information; provide ................................................................................. 1310, 1319, 2919, 2920, 3153, 3795, 4200 HB 185-- Chief Judge of the Court of Appeals; emergency powers; provisions ............................................................................... 316, 321 HB 186-- Teleworking; income tax credits; provisions....................... 2214, 2224, 2545, 2548, 3153, 3797 INDEX 5513 HB 189-- Private child support collection; definitions; provisions ..... 2214, 2224, 2918, 2920, 3153, 3800, 4195, 4445, 4455, 4545, 5423, 5459 HB 190-- Employees' Retirement System of Georgia; death benefit; clarify provisions .................................................. 289, 295, 700, 1330 HB 191-- Georgia State Employees' Pension and Savings Plan; retirement computations; provisions................................................ 1876, 1888 HB 193-- Elementary and secondary education; 180 day school year; school closure on Veterans Day; provide ................... 1902, 2153, 2761, 2764, 2931, 2986, 3934, 5335 HB 194-- Brand name drugs; substitute generic drugs; provisions ..................... 217, 221 HB 195-- Trial juries; qualification of electric membership corporation; provisions ........................................................ 1418, 1428, 2546, 2548, 2771, 2811 HB 202-- Retirement and pensions; computing contributions and benefits; define certain terms..................................................... 357, 366, 457, 523, 2251, 2256 HB 207-- Off-road vehicles; operating restrictions; change certain provisions.............................................................................. 1311, 1320, 2918, 2920 HB 210-- Georgia Judicial Retirement System; employer contributions; clarify.................................................................. 197, 204, 457, 523, 2277, 2278 HB 212-- Sales and use tax; jet fuel; continue exemption......................... 217, 222, 325, 368, 578, 681 HB 216-- Cordele Judicial Circuit; superior court; change certain terms......................................................................................... 401, 407, 2546, 2548, 2932, 2992 HB 217-- Physicians; influenza vaccine orders; provisions .................... 289, 295, 2918, 2920, 3153, 3809, 4546 HB 220-- Superior courts; issuing orders on motions; provisions............ 686, 694, 2546, 2548 HB 221-- Extraordinary writs; removal of superior court judge; provisions................................................................................. 686, 695, 2546, 2548, 3153, 3817 HB 226-- Probation detention centers; sentencing and confinement; change provisions .............................................. 687, 695, 2249, 2268, 2302, 2307 HB 227-- Elections; address confidentiality; provisions ..................... 1419, 1428, 2297, 2324, 2554, 2586 5514 INDEX HB 228-- State health and human services agencies; reorganize and reestablish; provisions................................................... 1877, 1888, 2266, 2299, 2331, 2332, 2500, 2756, 2812, 2893, 4271, 4515 HB 229-- Local school systems; conduct an annual fitness assessment; require .................................................................... 449, 455, 698, 1330, 2277, 2280 HB 231-- Practice of architecture; projects within structures; clarify ................................................................................. 242, 247, 700, 1330 HB 233-- Revenue and taxation; valuation increases of property; provide moratorium ........................................................... 280, 282, 367, 410, 465, 466, 505, 2522, 2887 HB 235-- Court reports; publishing a volume of rules from the definition of reports; remove requirement........................................... 687, 695 HB 237-- Human Resources, Department of; financial assistance for adoptive parents; revise provision...................................... 316, 322, 2298, 2324, 2554, 2587 HB 243-- Elementary and secondary education; salary increase; provisions............................................................................. 1968, 2153, 2545, 2548, 2932, 2993, 2997, 3154, 3818, 4547, 5355 HB 244-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority............. 1311, 1320, 2763, 2764 HB 245-- Delinquent and unruly children; disposition; change provisions............................................................................. 1877, 1889, 2546, 2548, 2932, 2998 HB 248-- Georgia Voluntary Remediation Program Act; enact.......... 2178, 2188, 2298, 2324, 2771, 2818, 2954 HB 251-- Elementary and secondary education; parents enroll child in another school; provide option ................................... 358, 366, 2761, 2764, 2932, 2999, 3969, 4139, 4446, 4460, 5432, 5460 HB 254-- Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions .................... 1877, 1889, 2546, 2548, 2771, 2827, 2956, 4535 INDEX 5515 HB 258-- Driver's license; minor of disabled guardian; restricted learner's permit; provisions.................................................. 1878, 1889, 2919, 2920, 3156, 4203, 4555 HB 261-- Income tax credit; purchase of one eligible singlefamily residence; provide .................................................... 1968, 2154, 2545, 2548, 2771, 2833, 2956, 3944, 4196, 4237, 4561, 5357 HB 262-- Property; land covenants which prohibit certain xeriscape practices; prohibit ............................................................ 1878, 1889 HB 265-- Rhine, Town of; provide new charter; change name to City of Rhine; provide ........................................................ 197, 204, 297, 301 HB 277-- The Georgia 2020 Transportation Act; enact .......................... 555, 565, 1898, 2230, 2332, 2510, 2519, 2753, 2851, 2952, 3820 HB 278-- Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls .................. 1311, 1320, 2761, 2764, 3154, 3820, 4197, 4245 HB 280-- Quality Basic Education Act; mathematics or science teachers; additional compensation; provide............................. 687, 695, 2545, 2548, 2771, 2882, 2953 HB 283-- Judicial branch of government; financing and operations; revise provisions ................................................... 401, 407, 2230, 2249, 2932, 3004, 3969, 4227, 4452, 4460, 4620, 5438 HB 289-- Courts; Georgia Courts Automation Commission; repeal................................................................................................ 1968, 2154 HB 294-- Technical college or institution; legislative approval for creation or discontinuation; require ..................................................... 290, 295 HB 297-- Garden City, City of; create new charter ................................. 269, 275, 2548, 2550 HB 300-- Student health; school provide certain information to guardians; require .................................................................... 556, 566, 2266, 2299, 2554, 2588 HB 301-- State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia...................................................................................... 317, 322, 2266, 2299 5516 INDEX HB 302-- Telecommunications; charge for third party service; change requirements ................................................................ 687, 696, 2267, 2299, 2555, 2589 HB 303-- Child abuse reports; access to records; solicitorsgeneral; authorize.................................................................. 1878, 1890, 2546, 2548 HB 304-- County taxation; appraisers duties upon property; change certain provisions..................................................... 1311, 1320, 2918, 2920, 3154, 3855, 4202 HB 305-- Insurance; group life policy coverage; remove participation requirement...................................................... 1878, 1890, 2248, 2268 HB 306-- Bonds and recognizances; electronic pretrial release and monitoring; provisions......................................................... 1419, 1429, 2298, 2324, 2555, 2590 HB 308-- Georgia Limited Liability Company Act; certain technical corrections; clarify provisions.............................. 1311, 1321, 2230, 2249, 2555, 2591, 2981 HB 310-- State-wide recycling program; expand; provisions ............. 1878, 1890, 2762, 2764, 3154, 3858 HB 311-- Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide...................................... 358, 366, 2266, 2299 HB 312-- Financial institutions; S.A.F.E. Mortgage Licensing Act of 2008; incorporate provisions ............................................... 556, 566, 2265, 2299, 2555, 2599, 2956 HB 313-- Quality Basic Education Act; calculating grade point averages; revise certain provisions ...................................... 2215, 2225, 2546, 2548, 2932, 3007 HB 314-- Palmetto, City of; ad valorem taxes; certain residents; provide homestead exemption .................................................. 269, 276, 4456, 4469, 4505 HB 315-- Real estate brokers; certain disclosures made in writing; require .................................................................................. 1879, 1890, 2546, 2548, 2771, 2884, 2954 INDEX 5517 HB 318-- Ad valorem tax; heavy-duty equipment vehicles; provide partial exemption .................................................... 1419, 1429, 2297, 2324, 3154, 3859, 4197, 4237, 4454, 4514, 4620, 5375 HB 319-- Douglasville, City of; Redevelopment Powers Law; authorize................................................................................... 269, 276, 2323, 2327 HB 320-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority.......... 290, 295, 700, 1330 HB 321-- Insurance Delivery Enhancement Act of 2009; enact ......... 1969, 2154, 2762, 2764, 3156, 5302, 5460 HB 322-- Douglas County; Redevelopment Powers Law; authorize................................................................................... 269, 276, 2323, 2328 HB 323-- Death penalty cases; Supreme Court; pretrial proceedings; extend review period .................................................. 2179, 2188 HB 324-- State courts; require payment of costs of an appeal; provisions............................................................................. 1879, 1891, 2546, 2548, 2932, 3008 HB 325-- Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require .................................................................................................. 556, 566 HB 326-- Licenses; hunting, fishing, and trapping; change certain provisions................................................................................. 290, 296, 2298, 2324, 2932, 3011 HB 327-- Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate ............. 1879, 1891, 2919, 2920 HB 329-- Probated or suspended sentences; maximum period of revocation; change provisions .............................................. 1312, 1321, 2918, 2920 HB 330-- Workers' compensation; decisions of administrative law judge and appellate division; change certain provisions ......... 688, 696, 2248, 2268, 2302, 2308 HB 331-- Supreme Court and Court of Appeals; filing fees; change certain provisions.......................................................... 401, 407, 2546, 2548 HB 333-- Georgia Building Authority; exempt from certain sales and use tax; provisions.......................................................... 1419, 1429, 2545, 2548 5518 INDEX HB 334-- Revenue and taxation; forms of payment; change certain provisions................................................................. 2201, 2208, 2297, 2324, 2772, 2886 HB 335-- Revenue and taxation; comprehensive revision of provisions; provide ............................................................... 2199, 2208, 2297, 2324 HB 343-- Public Safety, Department of; Motor Carrier Compliance Division; weight inspection; provide position....................................................................................... 401, 408, 570, 702, 2277, 2281 HB 344-- Probation; sentencing court; additional charge; authorize............................................................................... 1447, 1452, 2920, 3154, 3865, 4201 HB 349-- Sales and use tax exemption; new construction of civil rights museum; provide ....................................................... 2213, 2225, 2918, 2920, 3154, 3868 HB 350-- Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide ..................................... 2216, 2225 HB 355-- Tobacco products; excise tax; change certain provisions................ 2202, 2208 HB 358-- Sales and use tax; food for hunger and disaster relief; extend exemptions ............................................................... 1969, 2154, 2545, 2548, 2932, 3013 HB 364-- Sales and use tax; airplane flight simulation training device; provide exemption................................................... 2191, 2195, 2545, 2548, 2932, 3016 HB 366-- Metter-Candler County Airport Authority; minimum meeting requirements; modify provisions .......................... 317, 322, 458, 464 HB 367-- State parks and recreational areas; boat shelters on High Falls Lake; provide for permits............................................. 2191, 2195, 2918, 2920 HB 368-- Controlled substances; Schedule II, III, and IV; change certain provisions................................................................. 1420, 1429, 2298, 2324, 2932, 3018 HB 371-- Public Retirement Systems Investment Authority Law; large retirement systems; change authority ............................. 688, 696, 2547, 2548, 3154, 3871, 4202 HB 373-- Forsyth County; Board of Education; election of members; provisions ........................................................... 317, 322, 410, 413 HB 378-- Forsyth County; Board of Commissioners; elections; provisions............................................................................ 317, 323, 410, 413 INDEX 5519 HB 379-- Income tax; certain real estate investment trusts; disallow expenses paid; provisions...................................... 1879, 1891, 2545, 2548, 3154, 3878 HB 381-- Food; Georgia Food Act enforcement; change certain provisions......................................................................................... 1879, 1891 HB 383-- Bulloch County; board of elections and registration; create ................................................................................... 317, 323, 458, 464 HB 384-- Maysville, Town of; councilmembers; change terms......... 318, 323, 458, 464 HB 385-- State Commission on Family Violence; date which commission cease to exist; repeal......................................... 1420, 1430, 2762, 2764 HB 386-- Pierce County; board of elections and registration; create ........................................................................................ 318, 324, 2919, 2925 HB 388-- Option of Adoption Act; enact ............................................ 1931, 2155, 2918, 2920, 3154, 3881, 4451 HB 393-- Senoia, City of; municipal terms; provisions ........................... 318, 324, 4456, 4463, 4505 HB 395-- Sales and use tax; personal property; construction of certain symphony halls; extend exemption.......................... 2219, 2226, 2297, 2324, 3154, 3886 HB 396-- Drivers' licenses; driving record; uniform traffic citations; provisions ................................................................. 556, 567, 2249, 2268, 2932, 3021, 3939, 5271 HB 397-- Brakes; surge brakes; update certain provisions.................... 2194, 2195, 2920 HB 400-- Building Resourceful Individuals to Develop Georgia's Economy Act; enact......................................................................... 1420, 1430 HB 406-- Service delivery strategies; certain drinking water projects; funding limitation; provide exemption ..................... 557, 567, 2546, 2548, 3154, 3894, 3896 HB 410-- Insurance; premium taxes for certain products; provide exemption; provisions.......................................................... 2200, 2209, 2298, 2324, 2772, 2888 HB 412-- Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize................................. 1880, 1892, 2248, 2268 HB 417-- Insurance; dispute; material not in English; provisions........ 2213, 2226, 2762, 2764 5520 INDEX HB 422-- Uniform rules of the road; bicycles on sidewalks; local government; authorize .............................................................. 688, 697, 2919, 2920 HB 427-- Enterprise zone; certain criteria for pervasive property; provide ....................................................................................... 557, 567, 697, 1330, 2237, 2241 HB 434-- Athens-Clarke County Unified Government; ad valorem tax; school district; homestead exemption; provisions................................................................................. 449, 455, 2267, 2276 HB 435-- Georgia Technology Authority; certain sales and use tax; exempt............................................................................ 2217, 2226, 2918, 2920 HB 436-- State government; Georgia Technology Authority; develop certain plans and reports; authorize ........................... 688, 697, 1330, 1436, 2278, 2282 HB 437-- Warren County; probate court judge serve as chief magistrate; provide ............................................................. 450, 455, 571, 575, 576, 577, 2261 HB 438-- Income tax; tax credits for qualified jobs and projects; comprehensive revision; provide ......................................... 1880, 1892, 2545, 2548, 3154, 3897, 4258 HB 439-- Income tax; credits; business enterprises; provide .............. 2191, 2195, 2545, 2548, 3154, 3910, 4195, 4215, 4454, 4510, 5271, 5336 HB 440-- Public utility and transportation; state government endorsed rideshare programs; provisions ............................ 2202, 2209, 2268, 2299, 2932, 3042 HB 441-- Sales and use tax; refund claims; expedited payment; provisions............................................................................. 1880, 1892, 2297, 2324, 2555, 2636, 2957 HB 444-- Revenue and taxation; certain tax return preparers; civil penalties and injunctive relief; provide................................ 2200, 2209, 2297, 2324, 2932, 3043 HB 449-- Clarke County; ad valorem tax; school district; homestead exemption; provisions............................................ 450, 456, 2267, 2276 HB 451-- Commercial code; Uniform Commercial Code; conforming amendments; adopt ........................................... 2200, 2210, 2763, 2764 INDEX 5521 HB 452-- Retirement and pensions; postretirement benefit adjustment; provide statement of legislative intent ............. 1420, 1430, 2267, 2299, 2772, 2891 HB 453-- Superior courts; sunset dates for property filing fees; change .................................................................................. 2198, 2210, 2546, 2548, 3154, 3935 HB 455-- Elementary and secondary education; annual contracts for certified personnel; extend certain deadlines; provisions............................................................................. 2178, 2189, 2545, 2548, 3155, 3936, 4257 HB 457-- Disabled adults and elder persons; revise definition; acts in long-term care facilities unlawful; provide .............. 2213, 2226, 2545, 2548, 2933, 3046, 3935, 3945, 4196, 4199, 4516, 5435 HB 459-- Fulton County; Board of Education; system for pensions and retirement pay; provisions.............................. 1880, 1892, 2548, 2551 HB 464-- Conditions of detention; certain medical costs; deductions from inmate account; modify provisions .......... 1312, 1321, 2301, 2762, 2764, 2933, 3048, 3969 HB 465-- Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide ........... 1312, 1322, 2547, 2548 HB 473-- State government; grants for clean energy property; provisions............................................................................. 1881, 1893, 2267, 2299, 3155, 3940, 4258 HB 475-- Nurses; education programs for licensure; revise requirements; provisions...................................................... 2216, 2227, 2762, 2764, 2933, 3052, 3970 HB 476-- Public retirement systems; reform certain features; provisions............................................................................. 1313, 1322, 2763, 2764, 2933, 3059, 3971 HB 477-- Retirement and pensions; creditable service; application requirement; remove ............................................................ 1313, 1322, 2267, 2299, 3155, 3945 5522 INDEX HB 480-- Taxation of motor vehicles; comprehensive revision; provisions............................................................................. 2150, 2155, 2918, 2920, 3156 HB 481-- Jobs, Opportunity, and Business Success Act of 2009; enact ..................................................................................... 1931, 2155, 2248, 2268, 2297, 2555, 2639, 2982, 3006, 3020, 3043, 4450, 4516, 4605, 4619 HB 482-- Ad valorem tax exemption; property constituting the inventory of a business; provide .......................................... 1931, 2156, 2248, 2268, 2555, 2653 HB 483-- Ad valorem tax; modernization and revisions of certain provisions; provide .............................................................. 1881, 1893, 2918, 2920, 3155, 3947 HB 484-- HOPE scholarships and grants; dependent children of military personnel; provide.................................................. 1881, 1894, 2266, 2299, 2555, 2654 HB 485-- Improved Taxpayer Customer Service Act of 2009; enact ..................................................................................... 1882, 1894, 2545, 2548, 3155, 3956, 4203, 5441 HB 487-- Superior Court Clerks' Retirement Fund of Georgia; increase employee contribution; provisions ........................ 1421, 1431, 2763, 2764, 3155, 3959, 4446 HB 488-- Superior Court Clerks' Retirement Fund of Georgia; eligibility criteria for creditable service; provide ................ 1421, 1431, 2547, 2548, 3155, 3965 HB 492-- Time-share projects and programs; private residence clubs; provide definitions .................................................... 2198, 2210, 2270, 2917, 2920, 3155, 3972, 4258 HB 493-- Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions ................ 2217, 2227, 2917, 2920, 3155 HB 495-- Probate courts; associate probate court judges; provisions............................................................................. 1902, 2156, 2546, 2548, 2772, 2894, 2955 HB 496-- City of Woodstock Community Improvement District Act of 2009; enact.................................................................... 450, 456, 2267, 2272 INDEX 5523 HB 502-- Athens-Clarke County Unified Government; municipal courts; provisions.............................................................. ....... 451, 456, 3102, 3130, 3139, 3151, 4140 HB 509-- Professions and businesses; regulation; change provisions............................................................................. 2192, 2196, 2918, 2920, 3155, 3974, 4258 HB 514-- Judicial system; assignment of senior judges; provide for provisions ....................................................................... 1313, 1322, 2918, 2920, 3155, 4259, 4547, 4597, 5270, 5294, 5460 HB 516-- Industrialized buildings; comply with local ordinances and resolutions; provisions ................................................... 2202, 2211, 2545, 2548 HB 518-- Geneva, City of; designate town center; provide...................... 557, 568, 4456, 4464, 4505 HB 528-- Specialized land transactions; developers provide audits to home and condominium owners; require ........................ 1313, 1323, 2327, 2917, 2920, 3155, 4142, 4451 HB 529-- Agriculture; preempt certain local ordinances; provisions............................................................................. 2179, 2189, 2545, 2548, 2933, 3066, 4078, 4138, 4197, 4208, 4516, 5415 HB 534-- Newton County; Industrial Development Authority; rights and privileges; provide ................................................... 557, 568, 2230, 2234, 2236 HB 539-- Douglas County; Board of Commissioners; member residency qualifications; provide.............................................. 558, 568, 3102, 3130, 3151 HB 540-- Elections; remove references to ballot cards; provisions ..... 2179, 2189, 2917, 2920 HB 541-- Tennille, City of; provide new charter..................................... 558, 568, 2919, 2925 HB 545-- Commencement and service of civil actions; service of process; revise provisions ..................................................... 2215, 2227, 2762, 2764 HB 549-- Elections; registration of voters; provisions ........................ 2216, 2228, 2547, 2548, 3155, 4207, 4228, 4598 5524 INDEX HB 550-- Insurance; mutual life insurer; additional method of payment; provide ................................................................. 1882, 1894, 2248, 2268, 2302, 2309, 2311, 2331, 2555, 2657, 2955 HB 552-- Water well standards; contractors or drillers; change certain provisions................................................................. 1882, 1894, 2546, 2548, 2772, 2899 HB 553-- Local Government Equipment Financing Authority Act; create .................................................................................... 2217, 2228, 2267, 2299, 2771, 2772, 2981 HB 555-- Charter schools; use of surplus property; revise certain provisions............................................................................. 1882, 1895, 2266, 2299, 2772, 2900 HB 557-- Jackson County; Airport Authority; appointment of members; change ...................................................................... 558, 569, 3102, 3130, 3151 HB 561-- Pike County; Recreation Authority; change name to Pike County Parks and Recreation Authority; provisions.................................................................................. 558, 569, 3102, 3131, 3151 HB 562-- Pike County; Pike Clean and Beautiful Authority; change certain provisions.......................................................... 559, 569, 3102, 3131, 3151 HB 563-- Randolph County; Board of Education; organization and officers; provisions............................................................. 559, 569, 1330, 1333, 1362 HB 564-- Nicholson, City of; provide new charter.............................. 1313, 1323, 2267, 2272 HB 568-- Public Service Commission; members shall represent entire state; provisions ......................................................... 2192, 2196, 2547, 2548, 3155 HB 575-- Kidnapping; change certain provisions ............................... 2194, 2197, 2918, 2920, 3156, 4254, 4546 HB 577-- Bryan County; Board of Education; compensation of members; provide ................................................................ 1314, 1323, 2267, 2273 HB 579-- Contractors; eligibility for licensure; provide....................... 2215, 2228, 2547, 2548 INDEX 5525 HB 581-- Georgia Works Job Creation and Protection Act of 2009; enact........................................................................... 1902, 2156, 2270, 2762, 2764, 2933, 3069, 4200 HB 583-- Valdosta, City of; revise corporate limits; provide............... 1314, 1323, 4456, 4464, 4505 HB 584-- Mitchell County; vehicle registration period; specify .......... 1314, 1324, 2230, 2234, 2236 HB 588-- Broxton, City of; filling vacancies; revise method.............. 1314, 1324, 2267, 2273 HB 589-- Pearson, City of; filling vacancies; revise method .............. 1315, 1324, 2267, 2273 HB 590-- Ambrose, City of; filling vacancies; revise method ............ 1315, 1324, 2267, 2273 HB 591-- Douglas, City of; filling vacancies; revise provisions......... 1315, 1325, 2919, 2925 HB 592-- Nicholls, Town of; filling vacancies; revise manner ........... 1315, 1325, 2267, 2273 HB 593-- Denton, City of; filling vacancies; revise manner ............... 1315, 1325, 2919, 2926 HB 594-- Willacoochee, City of; filling vacancies; revise method..... 1316, 1325, 2267, 2274 HB 596-- Woodstock, City of; levy an excise tax; authorize .............. 1316, 1326, 2267, 2274 HB 598-- Lumpkin, City of; provide new charter ................................ 1316, 1326, 4456, 4464, 4505 HB 607-- Public Safety, Department of; Board of Public Safety; change certain provisions..................................................... 2194, 2196, 2249, 2268, 2555, 2658 HB 608-- Time-share projects; estate shall include certain interests; provisions ............................................................. 2198, 2211, 2918, 2920, 3156, 4138 HB 614-- Georgia Prescription Monitoring Program Act; enact......... 2199, 2211, 2547, 2548, 2933, 3088 HB 618-- Wilcox County; Board of Commissioners; staggered elections; provide.................................................................. 1316, 1326, 4456, 4464, 4505 HB 624-- Ashburn, City of; levy an excise tax; authorize.................... 1421, 1431, 3102, 3131, 3151 HB 626-- Dawson County; levy an excise tax; authorize..................... 1421, 1431, 2230, 2234, 2236 HB 628-- Brunswick-Glynn County; Joint Water and Sewer Commission; create.......................................................................... 1421, 1431 5526 INDEX HB 629-- Tybee Island, City of; four-year, staggered terms; provide ................................................................................. 1422, 1432, 2763, 2768 HB 630-- Harlem, City of; mayor counted in a quorum; provisions.............................................................................. 1422, 1432, 1899, 1904, 1909 HB 632-- White County; levy an excise tax; authorize ....................... 1422, 1432, 2763, 2768 HB 633-- Alpharetta, City of; ad valorem taxes; municipal purposes; increase homestead exemption............................ 1900, 2157, 2323, 2330 HB 635-- Kennesaw, City of; corporate city limits; change provisions.............................................................................. 1422, 1432, 4456, 4469, 4505 HB 637-- Jefferson County Utilities Authority Act; enact .............................. 1423, 1433 HB 638-- Helen, City of; levy an excise tax; authorize........................ 1423, 1433, 2230, 2235, 2236 HB 639-- Special license plates; Georgia Aquarium; provisions ........ 2217, 2228, 2918, 2920, 3156, 4135, 4259 HB 642-- Columbus, City of; levy an excise tax; authorize ................. 1423, 1433, 4081, 4088, 4097 HB 643-- Columbus, City of; county-wide government; meeting requirements; provide ........................................................... 1423, 1434, 4456, 4465, 4505 HB 646-- Dooly County; Magistrate Court; law library fee; establish ................................................................................ 2312, 2319, 4081, 4088, 4097 HB 652-- Douglas Judicial Circuit; superior court judges; supplement paid; change....................................................... 1424, 1434, 3102, 3131, 3151 HB 653-- Douglas County; compensation of coroner; change............. 1424, 1434, 3102, 3132, 3151 HB 654-- Douglas County; State Court; addition of second judge; delay...................................................................................... 1424, 1434, 3102, 3132, 3151 HB 657-- Candler County; Board of Commissioners; authority of board; change........................................................................ 1882, 1895, 2230, 2235, 2236 HB 658-- Dooly County; board of elections and registration; create ..................................................................................... 1883, 1895, 4081, 4088, 4097 INDEX 5527 HB 659-- Johns Creek, City of; adoption of ordinances; certain restrictions; provide .............................................................. 2576, 2758, 4456, 4465, 4505 HB 660-- Candler County Board of Commissioners; advisory referendum; provisions ......................................................... 1883, 1895, 2230, 2235, 2236 HB 662-- State government; police duties in Capitol Square; Department of Public Safety; reimburse.............................. 2201, 2212, 2762, 2764, 2933, 3096 HB 666-- Eatonton-Putnam Water and Sewer Authority; composition of authority; change certain provisions........... 1883, 1896, 2763, 2768 HB 667-- Hospital acquisition; notice to Attorney General; change certain provisions..................................................... 2215, 2229, 2546, 2548, 2933, 3097 HB 670-- Clayton-Rabun County; Water and Sewer Authority; membership; provisions....................................................... 1883, 1896, 2267, 2274 HB 672-- Whitfield County; board of commissioners; insurance coverage for former members; provide ................................ 1884, 1896, 4456, 4465, 4505 HB 674-- Bingo games; limits on amounts of prizes; remove ............. 2218, 2229, 2301, 2764 HB 678-- Talbot County; board of elections and registration; create ..................................................................................... 1424, 1435, 1899, 1905, 1909, 2522 HB 682-- Byron, City of; city administrator; provide .......................... 1884, 1897, 2230, 2235, 2236 HB 685-- Manchester Public Utilities Authority Act; enact................ 1900, 2157, 2267, 2275 HB 686-- Worth County; board of elections and registration; create ..................................................................................... 1884, 1897, 3102, 3132, 3151 HB 687-- Henry County; Board of Elections and Registration; membership; provide ........................................................... 1885, 1897, 2267, 2275 HB 688-- Henry County; Magistrate Court; chief magistrate; provide ................................................................................. 1885, 1898, 2267, 2275 HB 689-- Henry County; State Court; solicitor-general; provisions ... 1885, 1898, 2267, 2275 5528 INDEX HB 690-- Roopville, Town of; sale of liquors; repeal certain provisions.............................................................................. 1900, 2157, 3102, 3133, 3151 HB 695-- Catoosa County Public Works Authority; change composition........................................................................... 1901, 2158, 3102, 3133, 3151 HB 696-- St. Marys Convention and Visitors Bureau Authority; additional members; provide ............................................... 1901, 2158, 2763, 2769 HB 700-- Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization ................................................................. 2219, 2229, 2918, 2920 HB 701-- Americus and Sumter County Hospital Authority; members; provide ................................................................ 1885, 1898, 2323, 2328 HB 705-- College Park, City of; levy an excise tax; authorize........................ 1901, 2158 HB 706-- Lawrenceville, City of; levy an excise tax; authorize........... 2520, 2525, 3102, 3133, 3151 HB 709-- Port Wentworth, City of; council districts; provide ............. 2243, 2246, 4081, 4089, 4097 HB 710-- South Georgia Regional Information Technology Authority; change certain provisions.................................... 2520, 2525, 4081, 4089, 4097 HB 711-- Toombs County; board of elections and registration; create .................................................................................... 2243, 2247, 2919, 2926 HB 712-- Warner Robins, City of; levy an excise tax; authorize ........ 2244, 2247, 2763, 2769 HB 713-- Perry, City of; levy an excise tax; authorize........................ 2244, 2247, 2763, 2769 HB 714-- Norcross, City of; mayor and city councilmembers; change terms ......................................................................... 2312, 2319, 4081, 4089, 4097 HB 715-- Norcross, City of; levy an excise tax; authorize ................... 2313, 2319, 4081, 4094, 4097 HB 718-- Fulton County; employee benefits made available to judges; provide...................................................................... 2288, 2293, 3102, 3134, 3151 HB 720-- West Point, City of; Redevelopment Powers Law; authorize................................................................................ 2259, 2263, 3102, 3134, 3151 INDEX 5529 HB 721-- Ochlocknee, Town of; provide new charter ........................ 2288, 2294, 2548, 2551 HB 722-- Clayton County; levy an excise tax; authorize ..................... 2259, 2264, 3102, 3134, 3151 HB 723-- Columbia County; members of board of elections; revise term limitations ......................................................... 2259, 2264, 2919, 2926 HB 724-- Alto, Town of; reincorporate and provide new charter ........ 2260, 2264, 4456, 4466, 4505 HB 725-- Johnson County; reapportionment or redistricting; provide .................................................................................. 2260, 2264, 3102, 3134, 3151 HB 726-- Johnson County; reapportion or redistrict; provide............. 2260, 2265, 2919, 2927 HB 728-- Greene County Airport Authority; reimbursement of members; change ................................................................. 2260, 2265, 2763, 2769 HB 730-- Henry County; require board members to resign; repeal certain provisions................................................................. 2313, 2319, 4456, 4466, 4470, 4506 HB 734-- Waycross, City of; citizens right to address city commissioners; provide ....................................................... 2313, 2320, 2919, 2927 HB 735-- Ware County; citizens right to address commissioners; provide ................................................................................. 2289, 2294, 2919, 2927 HB 737-- Norman Park, City of; provide new charter......................... 2289, 2294, 2548, 2552 HB 741-- Washington County Public Facilities Authority Act; enact ..................................................................................... 2289, 2295, 2919, 2928 HB 743-- Clayton County School System; ethics commission; revise provisions ................................................................... 2290, 2295, 4081, 4090, 4094, 4098, 5268 HB 744-- Baker County; board of elections and registration; create ..................................................................................... 2290, 2295, 4456, 4466, 4505 HB 745-- Dublin, City of; corporate limits of city; change................. 2290, 2296, 2919, 2928 HB 746-- Loganville, City of; mayor and city councilmembers; change the terms ................................................................... 2291, 2296, 4081, 4090, 4098 5530 INDEX HB 747-- Bleckley County; employment of certified accountant; authorize................................................................................ 2291, 2296, 4456, 4467, 4505 HB 748-- Cartersville, City of; levy an excise tax; authorize.......................... 2313, 2320 HB 749-- Montgomery County Board of Commissioners; meet at certain time monthly; provide............................................... 2313, 2320, 4081, 4090, 4098 HB 751-- Wilcox County Board of Education; staggered terms for members; provisions ............................................................ 2314, 2320, 2919, 2928 HB 752-- Pulaski, Town of; number of councilmembers; reduce....... 2314, 2321, 2548, 2552 HB 753-- Pike County; ad valorem tax; provide homestead exemption......................................................................................... 2314, 2321 HB 754-- Oak Park, Town of; municipal court; provisions ................ 2314, 2321, 2548, 2552 HB 755-- Telfair County; Board of Commissioners; districts; provisions............................................................................. 2315, 2322, 2919, 2929 HB 756-- Lowndes County Board of Commissioners; powers and composition; provisions....................................................... 2521, 2526, 2919, 2929 HB 757-- Glennville, City of; corporate limits of city; change ........... 2315, 2322, 2763, 2770 HB 762-- Dade County board of commissioners; members reside in respective districts; provide .............................................. 2315, 2322, 4081, 4091, 4098 HB 763-- Bacon County Board of Commissioners; give chairperson a vote in event of tie; provide........................... 2521, 2526, 2919, 2929 HB 764-- Dunwoody, City of; governing authority; provisions........... 2315, 2322, 4081, 4091, 4098 HB 765-- Lamar County Livestock and Agriculture Exposition Authority; repeal ................................................................... 2521, 2526, 3102, 3135, 3151 HB 766-- Lamar County; appoint county surveyor; provide................ 2521, 2526, 3102, 3135, 3151 HB 769-- Franklin Springs, City of; corporate boundaries; provide ... 2521, 2527, 2919, 2929 HB 770-- Franklin, City of; compensation of mayor and councilmembers; establish.................................................... 2522, 2527, 4081, 4091, 4098 HB 772-- Garden City, City of; deannex property; provide ............................ 2577, 2758 INDEX 5531 HB 773-- Port Wentworth, City of; deannex property; provide ........... 2577, 2758, 4081, 4092, 4098 HB 776-- Milledgeville, City of; levy an excise tax; authorize........... 2577, 2759, 2919, 2930 HB 778-- Locust Grove, City of; levy an excise tax; authorize ........... 2577, 2759, 4081, 4092, 4098 HB 781-- Catoosa County; clerk of Superior Court; increase allowance .............................................................................. 2578, 2759, 3102, 3135, 3151 HB 782-- Towns County; ad valorem tax; provide homestead exemption.............................................................................. 2578, 2759, 4456, 4469, 4505 HB 783-- North High Shoals, Town of; revise and restate town charter; provisions................................................................. 2578, 2760, 4081, 4092, 4098 HB 784-- Canton, City of; levy an excise tax; authorize...................... 2578, 2760, 4456, 4467, 4505 HB 786-- Guyton, City of; corporate boundaries; change.................... 2579, 2760, 3102, 3135, 3151 HB 787-- South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit.............................. 2579, 2760, 4081, 4093, 4098 HB 791-- Ellaville-Schley County Charter and Unification Commission Act; enact......................................................... 2579, 2761, 3102, 3136, 3140, 3151, 4141 HB 793-- City of Pearson Public Facilities Authority Act; create ....... 2813, 2911, 4081, 4093, 4098 HB 794-- Willacoochee, Town of; deannex property; provide ............ 2813, 2911, 3102, 3136, 3151 HB 795-- Atkinson County; staggered terms of office; provisions ...... 2814, 2911, 3102, 3136, 3151 HB 796-- Byron Convention and Visitors Bureau Authority; composition of authority; change ......................................... 2814, 2912, 3102, 3137, 3151 HB 797-- Brantley County; board of commissioners; advisory referendum election; provisions ........................................... 2814, 2912, 3102, 3137, 3151 HB 798-- Long County; board of elections and registration; create..... 2814, 2912, 4456, 4467, 4505 HB 799-- Carnesville, City of; corporate boundaries; change.............. 2815, 2912, 4081, 4093, 4098 5532 INDEX HB 800-- Albany-Dougherty County; consolidated and unified government; create........................................................................... 2815, 2913 HB 801-- Gainesville Redevelopment Authority; composition and organization; modify............................................................. 2815, 2913, 3102, 3137, 3151 HB 802-- Gainesville, City of; select mayor by election; provide nonbinding advisory referendum.......................................... 2815, 2913, 3102, 3137, 3151 HB 803-- Gainesville, City of; elect chairperson of board of education by election; provide nonbinding advisory referendum ............................................................................ 2816, 2913, 3102, 3138, 3151 HB 804-- Bibb County; levy an excise tax; authorize ..................................... 2816, 2914 HB 805-- Macon, City of; levy an excise tax; authorize ................................. 2816, 2914 HB 806-- Gilmer County Kids Kottage Commission; membership; change ............................................................. 2816, 2914, 3102, 3138, 3151 HB 807-- Macon, City of; levy an excise tax; authorize ................................. 2816, 2914 HB 808-- Satilla Regional Water and Sewer Authority; member selection; revise..................................................................... 2817, 2915, 3102, 3138, 3151 HB 809-- Warner Robins Public Facilities Authority Act; enact ......... 2817, 2915, 4456, 4467, 4505 HB 810-- Covington, City of; levy an excise tax; authorize................. 2817, 2915, 3102, 3138, 3151 HB 811-- State Court of Clayton County; additional judge; provisions.............................................................................. 2817, 2915, 4081, 4093, 4098 HB 812-- DeKalb County; compensation of sheriff; change certain provisions.................................................................. 2818, 2916, 4456, 4468, 4505 HB 813-- Augusta-Richmond County Coliseum Authority; membership; change ............................................................. 2905, 3101, 4081, 4094, 4095, 4098, 5268 HB 816-- Ringgold, City of; provide new charter ................................ 2818, 2916, 3102, 3139, 3151 HB 830-- Fort Oglethorpe, City of; corporate boundaries; provide ..... 4140, 4198, 4456, 4468, 4505 HB 841-- Butts County; joint county-municipal board of elections and registration; create.......................................................... 4140, 4198, 4456, 4468, 4505 INDEX 5533 HOUSE RESOLUTIONS HR 13-- House convened; notify Senate ....................................................................... 7 HR 16-- Joint session; message from Governor ........................................ 11, 47, 53, 54 HR 17-- Adjournment; relative to............................................................ 11, 47, 70, 119 HR 121-- Joint session; message from Chief Justice of Supreme Court ................................................................................................ 89, 98, 157 HR 161-- White, Mr. John Jerome; compensate.................................. 2509, 2917, 2920, 3156, 4447, 4556 HR 169-- Smoke on the Water BBQ and Bluegrass Festival; recognize.............................................................................................. 110, 118 HR 206-- Transportation Trust Fund; create - CA................................... 559, 570, 1898, 2230, 2332, 2500, 2509, 2754, 2846, 2953, 3819 HR 238-- Adjournment; relative to.................................................... 185, 191, 193, 267, 356, 508, 1305 HR 279-- State of Georgia property; certain counties; nonexclusive easements; authorize............................................ 358, 366, 522, 571, 2237, 2241 HR 336-- State highway system; certain portions; dedicate................ 2199, 2212, 2920, 3156, 4121, 4447 HR 338-- General Assembly; development of Georgia's energy resources; express support ................................................... 2199, 2212, 2298, 2324, 2933, 3098 HR 366-- Organization for Military Education in Georgia (OMEGA); commend .......................................................................... 319, 330 HR 565-- Adjournment; relative to......................................................... 689, 1304, 1308, 1874, 2212, 2310, 2519, 2901, 3099, 4078 HR 583-- Congress; oppose legislation that interferes with state's ability to transport horses; request ................................................... 2907, 3101 5534 INDEX INDEX PART III ALPHABETIC INDEX 2009 SESSION A AD VALOREM TAX (ALSO SEE TAXATION AND REVENUE) Ad Valorem Tax Exemption; property constituting the inventory of a business; provide ....................................................................................................HB 482 Ad Valorem Tax; exemptions may be authorized locally ...................................... SR 427 Ad Valorem Tax; heavy-duty equipment vehicles; provide partial exemption ...............................................................................................................HB 318 Ad Valorem Tax; modernization and revisions of certain provisions; provide ....................................................................................................................HB 483 Ad Valorem Taxation; change factors to be considered in determining fair market value of real property ............................................................................. SB 55 Ad Valorem; increase the amount of the state-wide homestead exemption; specify terms/conditions of the exemption and the procedures............. SB 83 Appraisers; prohibit persons who are serving/have served a member of county board of tax assessors from serving as employee of the board .................. SB 118 Brantley County School District; ad valorem taxes for educational purposes; homestead exemption............................................................................. SB 269 Brantley County; ad valorem taxes; homestead exemption ................................... SB 270 County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes........................................................... SB 240 County Taxation; appraisers duties upon property; change certain provisions................................................................................................................HB 304 Homeowner Tax Relief Grants; require mandatory funding.................................. SR 179 Kingsland, City of; ad valorem taxes; homestead exemption; municipal purposes .................................................................................................................. SB 266 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability .................................................. SB 75 Redevelopment Powers; computation of tax allocation increments of districts; ad valorem property taxes........................................................................ SB 186 Revenue/Taxation; valuation increases of property; provide moratorium .............HB 233 St. Mary, City of; ad valorem taxes for municipal purposes; provide homestead exemption ............................................................................................. SB 261 State Highway System; prohibit outdoor advertising from being maintained in certain areas ..................................................................................... SB 107 Tax Executions; collection of costs, commissions, interest, and penalties; change certain provisions; provide for execution costs.......................................... SB 251 INDEX 5535 Taxes; local ad valorem reduction option; provide procedures, conditions, and limitations ............................................................................................................ SR 2 Woodbine, City of; ad valorem taxes; homestead exemption; municipal purposes .................................................................................................................. SB 267 ADJOURNMENT Adjournment; relative to...........................................................................................HR 17 Adjournment; relative to.........................................................................................HR 238 Adjournment; relative to.........................................................................................HR 565 ADMINISTRATIVE PROCEDURE Administrative Proceedings; provide award of attorney's fees under certain circumstances.............................................................................................. SB 284 Air Quality; provide collective emissions limitations for facilities emitting pentachlorophenol near primary/secondary schools ................................ SB 276 Conservation/Natural Resources; references to administrative law judge/hearing officer, final decision of Board of Natural Resources; provision ................................................................................................................. SB 229 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions......................... SB 168 Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current regulation ........... SB 148 Local Boards of Education; election; revise provisions ........................................... SB 84 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 ADMINISTRATIVE SERVICES, DEPARTMENT OF Government; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences.................. SB 44 State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee ..................................................... SB 194 State Purchasing; exempt certain purchases from having to go through Department of Administrative Services ................................................................. SB 211 State Purchasing; prohibit certain companies that have certain business operations in Sudan to bid on/submit a proposal for state contract........................ SB 170 State Purchasing; require certain percentage of all funds appropriated to state's various budget unit; projects/contracts involving small business.................. SB 21 Transportation Department; award a certain number of contracts to small businesses; require .................................................................................................... SB 29 ADOPTION Option of Adoption Act; enact ...............................................................................HB 388 5536 INDEX Proceedings; admit general public to hearings in juvenile court with certain exceptions ................................................................................................... SB 207 Snowflakes Adoption Act; provide exclusive means of adopting human embryos................................................................................................................... SB 204 ADVERTISING Roadways; certain facilities; provide regulation ....................................................HB 101 AGENCY RELATIONSHIPS Probate Courts; associate probate court judges; provisions ...................................HB 495 AGRICULTURE Agriculture; preempt certain local ordinances; provisions.....................................HB 529 Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting .................................................................................. SB 152 Boll Weevil Eradication; definitions; assessments; penalties; change certain provisions...................................................................................................... SB 43 AIR POLLUTION Air Quality; provide collective emissions limitations for facilities emitting pentachlorophenol near primary/secondary schools ................................ SB 276 Natural Resources; provide costs to be covered by fee; compliance with state/federal clean air laws...................................................................................... SB 198 ALBANY, CITY OF Albany-Dougherty County; consolidated and unified government; create............HB 800 ALCOHOLIC BEVERAGES Alcoholic Beverages; counties/municipalities; prohibition against sale within 100 yards of housing authority property; exception...................................... SB 68 Alcoholic Beverages; provide county/municipality may authorize package sales by a retailer on Sunday from noon until midnight; referendum................................................................................................................ SB 16 Distilled Spirits; state license requirements; identifying information; provide ....................................................................................................................HB 115 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 ALIMONY AND CHILD SUPPORT (ALSO SEE DOMESTIC RELATIONS) Child Support; revise a definition; correct cross-references; provisions................HB 145 Private Child Support Collection; definitions; provisions......................................HB 189 ALLEN, DR. BRUCE STEWART; addressed the Senate.................................. Page 462 INDEX 5537 ALPHARETTA, CITY OF Alpharetta, City of; ad valorem taxes; municipal purposes; increase homestead exemption .............................................................................................HB 633 ALTO Alto, Town of; reincorporate and provide new charter ..........................................HB 724 AMBROSE Ambrose, City of; filling vacancies; revise method ...............................................HB 590 AMERICUS, CITY OF Americus and Sumter County Hospital Authority; members; provide ..................HB 701 ANIMALS Animal Protection; provide for methods for euthanasia for animals ..................... SB 232 Congress; oppose legislation that interferes with state's ability to transport horses; request ........................................................................................................HR 583 Sales/Use Tax Exemption; zoological institution; provide ....................................HB 129 ANNUITIES; ANNUITY AND PURE ENDOWMENT CONTRACTS Insurance; group life policy coverage; remove participation requirement.............HB 305 APPEAL AND ERROR Appellate Courts; filing fees; change certain provisions........................................HB 331 Judicial Branch of Government; financing and operations; revise provisions................................................................................................................HB 283 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law.................. SB 157 State Courts; require payment of costs of an appeal; provisions............................HB 324 APPEALS TO SUPERIOR COURT State Courts; require payment of costs of an appeal; provisions............................HB 324 APPEALS, COURT OF: CERTIORARI AND APPEALS TO Appellate Courts; filing fees; change certain provisions........................................HB 331 Judicial Branch of Government; financing and operations; revise provisions................................................................................................................HB 283 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law.................. SB 157 APPROPRIATIONS AND FISCAL AFFAIRS General Appropriations; State Fiscal Year July 1, 2009 - June 30, 2010 ..............HB 119 5538 INDEX Supplemental Appropriations; State Fiscal Year July 1, 2008 - June 30, 2009 ........................................................................................................................HB 118 ARCHITECTS Architecture; clarify types of construction projects; submitted for building permit by a Georgia registered interior designer........................................ SB 28 Architecture; projects within structures; clarify .....................................................HB 231 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 ARREST OF PERSONS Criminal Procedure; provide a magistrate court judge with certain authority regarding the issuance of certain warrants ................................................ SB 73 Public Safety, Department of; Motor Carrier Compliance Division; weight inspection; provide position........................................................................HB 343 ASHBURN, CITY OF Ashburn, City of; levy an excise tax; authorize......................................................HB 624 ATHENS, CITY OF Athens-Clarke County Unified Government; ad valorem tax; school district; homestead exemption; provisions .............................................................HB 434 Athens-Clarke County Unified Government; membership; provisions ...................HB 98 Athens-Clarke County Unified Government; municipal courts; provisions ..........HB 502 ATHLETE AGENTS Uniform Athlete Agents Act; regulation of athlete agents; terminate Georgia Athlete Agent Regulatory Commission; definitions ................................ SB 149 ATKINSON COUNTY Atkinson County; staggered terms of office; provisions........................................HB 795 Pearson, City of; filling vacancies; revise method .................................................HB 589 ATTORNEYS Appellate Courts; filing fees; change certain provisions........................................HB 331 Attorneys; advertise on television in the State of Georgia; regulate/impose conditions; provide for a penalty ................................................... SB 41 Judicial Branch of Government; financing and operations; revise provisions................................................................................................................HB 283 AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; membership; change................HB 813 INDEX 5539 AVIATION Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties ....................................................................... SB 85 Sales/Use Tax; repair of certain aircraft; sale of parts; provide exemption ...........HB 116 B BACON COUNTY Bacon County Board of Commissioners; give chairperson a vote in event of tie; provide..........................................................................................................HB 763 BAIL; BONDS AND RECOGNIZANCES Bonds/Recognizances; electronic pretrial release and monitoring; provisions................................................................................................................HB 306 Bonds/Recognizances; professional bondsmen; provisions...................................HB 147 BAKER COUNTY Baker County; board of elections and registration; create .....................................HB 744 South Georgia Regional Information Technology Authority; change certain provisions....................................................................................................HB 710 South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit ..........................................................................................HB 787 BALDWIN COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 Public Facilities Authority of the City of Milledgeville and Baldwin County Act.............................................................................................................. SB 265 BANKING AND FINANCE Commercial Code; Uniform Commercial Code; conforming amendments; adopt .................................................................................................HB 451 Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients ............................ SB 59 Financial Institutions; S.A.F.E. Mortgage Licensing Act of 2008; incorporate provisions ............................................................................................HB 312 Financial Institutions; update definitions; provisions.............................................HB 141 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents .............................................................................. SB 57 Georgia Fair Lending Act; prohibit abusive home loan practices; provide definitions ................................................................................................................. SB 54 5540 INDEX Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to Ga. Superior Court Clerks' Cooperative ................. SB 127 Local Government; newly created municipalities; change certain provisions.................................................................................................................. SB 58 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 BARBERS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 BIBB COUNTY Bibb County; levy an excise tax; authorize ............................................................HB 804 Macon-Bibb County Water and Sewerage Authority Act; provide terms for members; federal preclearance ......................................................................... SB 280 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 BISHOP, CONGRESSMAN SANFORD; addressed the Senate ....................... Page 299 BLECKLEY COUNTY Bleckley County; employment of certified accountant; authorize .........................HB 747 BLIND PERSONS Disabled Veterans and Blind Persons; eligibility certificate; provisions ...............HB 128 BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Retirement; election to participate in Regents Retirement in lieu of Teachers Retirement shall be revocable at will ...................................................... SB 257 BOATS, MARINE EQUIPMENT AND FACILITIES; REGISTRATION, OPERATION, AND SALE OF WATERCRAFT Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair...................................................................................................................... SB 99 Hunting; prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, other substances........................................... SB 71 Natural Resources Board; rules and regulations; watercraft; penalty of violations; change certain provisions ....................................................................... SB 72 INDEX 5541 BRANTLEY COUNTY Brantley County School District; ad valorem taxes for educational purposes; homestead exemption............................................................................. SB 269 Brantley County; ad valorem taxes; homestead exemption ................................... SB 270 Brantley County; board of commissioners; advisory referendum election; provisions................................................................................................................HB 797 BREMEN, CITY OF Bremen, City of; provide new charter ....................................................................HB 164 BROXTON Broxton, City of; filling vacancies; revise method.................................................HB 588 BRUNSWICK Brunswick-Glynn County; Joint Water and Sewer Commission; create ...............HB 628 BRYAN COUNTY Bryan County; Board of Education; compensation of members; provide .............HB 577 BUILDINGS AND HOUSING Alcoholic Beverages; counties/municipalities; prohibition against sale within 100 yards of housing authority property; exception...................................... SB 68 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 Industrialized Buildings; comply with local ordinances and resolutions; provisions................................................................................................................HB 516 New Home Access Act; enact; require new at-grade residential structures to include certain accessibility features .................................................................. SB 247 BULLOCH COUNTY Bulloch County; board of elections and registration; create ..................................HB 383 BURKE COUNTY Ray Delaigle Bridge; Burke County; designate ..................................................... SR 338 BUTTS COUNTY Butts County; joint county-municipal board of elections and registration; create.......................................................................................................................HB 841 BYRON, CITY OF Byron Convention and Visitors Bureau Authority; composition of authority; change ....................................................................................................HB 796 Byron, City of; city administrator; provide ............................................................HB 682 5542 INDEX C CALHOUN COUNTY South Georgia Regional Information Technology Authority; change certain provisions....................................................................................................HB 710 South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit ..........................................................................................HB 787 CAMDEN COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 Sheriff Jimmy Middleton Memorial Highway; Camden County; dedicate ........... SR 507 CANDLER COUNTY Candler County Board of Commissioners; advisory referendum; provisions................................................................................................................HB 660 Candler County; Board of Commissioners; authority of board; change ................HB 657 Metter-Candler County Airport Authority; minimum meeting requirements; modify provisions ............................................................................HB 366 State of Georgia Property; certain counties; nonexclusive easements; authorize .................................................................................................................HR 279 CANTON, CITY OF Canton, City of; levy an excise tax; authorize........................................................HB 784 CARDIOPULMONARY RESUSCITATION Physicians; order not to resuscitate a candidate for nonresuscitation; provide under certain conditions ..............................................................................HB 69 CARNESVILLE, CITY OF Carnesville, City of; corporate boundaries; change................................................HB 799 CARROLL COUNTY Roopville, Town of; sale of liquors; repeal certain provisions ..............................HB 690 CARTERSVILLE, CITY OF Cartersville, City of; levy an excise tax; authorize.................................................HB 748 CATOOSA COUNTY Catoosa County Public Works Authority; change composition.............................HB 695 Catoosa County; clerk of Superior Court; increase allowance...............................HB 781 INDEX 5543 CELLULAR TELEPHONES Motor Vehicles; cell phones; text messaging; prohibit use......................................HB 23 CHAPLAINS OF THE DAY Anthony, Dr. Steve .............................................................................................. Page 123 Arnold, Pastor Larry .......................................................................................... Page 2269 Beatty, Commissioner Mike .............................................................................. Page 2324 Beatty Sorrow, Amanda..................................................................................... Page 2324 Bennett, Reverend Karen..................................................................................... Page 703 Blue, Bishop Keith............................................................................................... Page 572 Britt, Reverend Bill............................................................................................ Page 2250 Brown, Reverend C. MeGill ................................................................................ Page 106 Carpenter, Reverend Shirley................................................................................ Page 411 Cole, Reverend Jerry E. ....................................................................................... Page 117 Collins, Bishop Dianne Reed............................................................................... Page 299 Cook, Reverend Andy.......................................................................................... Page 279 Cooper, Dr. David................................................................................................ Page 129 Crosby, Reverend Julie ...................................................................................... Page 1331 Dollar, Dr. Creflo................................................................................................. Page 524 Gracz, Monsignor Henry ................................................................................... Page 2765 Griffin, Pastor Joy.............................................................................................. Page 1436 Griffin, Dr. Phil.................................................................................................... Page 170 Harris, Reverend Marlin D. ................................................................................. Page 249 Hatney, Reverend Dr. Johnny.............................................................................. Page 205 Hoffman, Pastor Buddy ....................................................................................... Page 327 Johnson, Pastor Marcus ....................................................................................... Page 224 Lee, Reverend Pastor Kerwin .............................................................................. Page 369 Lipschutz, Rabbi Michael .................................................................................. Page 2300 Long, Bishop Eddie ............................................................................................... Page 66 Morris, Reverend Kathy. ................................................................................... Page 3102 Moss, Reverend Marvin......................................................................................... Page 77 Oliver, Reverend Craig ...................................................................................... Page 1900 Parker, Pastor Herman ......................................................................................... Page 153 Phillips, Judge Taylor ........................................................................................ Page 2231 Priester, Reverend Guy ...................................................................................... Page 2549 Riordan, Dr. Tim.................................................................................................... Page 69 Rogers, Jon......................................................................................................... Page 4081 Slaughter, Reverend Ronald ................................................................................ Page 459 Starr, Rabbi Adam ................................................................................................. Page 97 Stowe, Pastor Brian................................................................................................ Page 51 Suddath, Pastor Jim................................................................................................ Page 89 Tate, Pastor Benny................................................................................................... Page 1 5544 INDEX Warnock, Reverend Raphael ............................................................................... Page 183 Williams, Reverend Dannie................................................................................... Page 46 Young, Pastor Micky ......................................................................................... Page 2922 CHEROKEE COUNTY Cherokee County State Court; additional judge; provide.......................................HB 167 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 CHILD ABUSE (ALSO SEE DOMESTIC RELATIONS) Domestic Relations/Social Services; sexual exploitation; expand the definition................................................................................................................... SB 69 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 CHILD CUSTODY (ALSO SEE MINORS AND DOMESTIC RELATIONS) The Reed Act; child custody; person registered on the state sexual offender registry; constitute a change of material condition .................................. SB 145 CHILDREN AND YOUTH ACT; CARE AND PROTECTION PROGRAMS Child Abuse Reports; access to records; solicitors-general; authorize ..................HB 303 Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program .............. SB 165 Human Resources, Department of; financial assistance for adoptive parents; revise provision .........................................................................................HB 237 Prescription Drugs; provide for prior authorization requirements; definitions; penalties; discounts; PeachCare for Kids Program ................................ SB 3 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 CHIROPRACTORS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 CIGAR AND CIGARETTE TAXES Black Market Cigarette Act; provide for utilization of digital based cigarette stamp processes........................................................................................ SB 205 Tobacco Products; excise tax; change certain provisions ......................................HB 355 CIVIL ACTIONS Extraordinary Writs; removal of superior court judge; provisions ........................HB 221 INDEX 5545 Private Child Support Collection; definitions; provisions......................................HB 189 Transparency in Lawsuits Protection Act; provide legislative enactments do not create a private right of action unless expressly stated ............................... SB 138 CIVIL PRACTICE Attorneys; advertise on television in the State of Georgia; regulate/impose conditions; provide for a penalty ................................................... SB 41 Commencement/Service of Civil Actions; service of process; revise provisions................................................................................................................HB 545 Extraordinary Writs; removal of superior court judge; provisions ........................HB 221 Georgia Civil Practice Act; attorney's fees and costs; provide for recovery; motion to dismiss under certain circumstances; definitions................... SB 108 Georgia Civil Practice Act; electronic service of pleadings; provisions..................HB 29 Private Child Support Collection; definitions; provisions......................................HB 189 Transparency in Lawsuits Protection Act; provide legislative enactments do not create a private right of action unless expressly stated ............................... SB 138 CLARKE COUNTY Athens-Clarke County Unified Government; ad valorem tax; school district; homestead exemption; provisions .............................................................HB 434 Athens-Clarke County Unified Government; membership; provisions ...................HB 98 Athens-Clarke County Unified Government; municipal courts; provisions ..........HB 502 Clarke County; ad valorem tax; school district; homestead exemption; provisions................................................................................................................HB 449 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 CLAYTON COUNTY Clayton County School System; ethics commission; revise provisions.................HB 743 Clayton County; levy an excise tax; authorize .......................................................HB 722 State Court of Clayton County; additional judge; provisions ................................HB 811 CLAYTON JUDICIAL CIRCUIT State Court of Clayton County; additional judge; provisions ................................HB 811 CLAYTON, CITY OF Clayton-Rabun County; Water and Sewer Authority; membership; provisions................................................................................................................HB 670 CLINICAL LABORATORIES Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling........................................................................... SB 64 5546 INDEX COBB COUNTY Mason Varner Memorial Highway; Cobb County; dedicate.................................... SR 82 State of Georgia Property; certain counties; nonexclusive easements; authorize .................................................................................................................HR 279 COFFEE COUNTY Ambrose, City of; filling vacancies; revise method ...............................................HB 590 Broxton, City of; filling vacancies; revise method.................................................HB 588 Douglas-Coffee County Economic Development Authority; recognize................ SR 183 Nicholls, Town of; filling vacancies; revise manner..............................................HB 592 COLLEGE PARK College Park, City of; levy an excise tax; authorize...............................................HB 705 COLQUITT COUNTY Norman Park, City of; provide new charter ...........................................................HB 737 COLUMBIA COUNTY Columbia County; members of board of elections; revise term limitations...........HB 723 COLUMBUS, CITY OF Columbus, City of; county-wide government; meeting requirements; provide ....................................................................................................................HB 643 Columbus, City of; levy an excise tax; authorize...................................................HB 642 COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (ALSO SEE HIGHWAYS) State Highway System; certain portions; dedicate .................................................HR 336 COMMEND, ETC. Organization for Military Education in Georgia (OMEGA); commend ................HR 366 Smoke on the Water BBQ and Bluegrass Festival; recognize ...............................HR 169 COMMERCE AND TRADE Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms......................................................... SB 237 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 Electronic Lease-Purchase of Goods Act; provide data and personal information protection practices; definitions; establish procedures....................... SB 130 Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms; change certain provisions .............................................................................. SB 30 INDEX 5547 Georgia Condominium Act; failure of a declarant to carry out certain duties; provisions; transfer of control to the unit owners ....................................... SB 103 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 Private Child Support Collection; definitions; provisions......................................HB 189 Probate Courts; associate probate court judges; provisions ...................................HB 495 Public Utilities/Transportation; inspection by law enforcement officers; provisions; special officers investigating certain thefts of public utilities ............... SB 53 Secondary Metals Recyclers; provide regulation of theft of regulated metal property; transaction records; change provisions ........................................... SB 82 State Health/Human Services Agencies; reorganize and reestablish; provisions................................................................................................................HB 228 Truth in Music Advertising Act; prohibition against the advertising/conducting of certain live musical performances ................................ SB 226 COMMERCIAL CODE Commercial Code; Uniform Commercial Code; conforming amendments; adopt .................................................................................................HB 451 COMMISSIONS Alzheimer's Disease and Other Dementias Task Force; create .............................. SR 257 Ellaville-Schley County Charter and Unification Commission Act; enact ............HB 791 Georgia Criminal Justice Study Commission; provide membership, duties, and operation................................................................................................. SR 50 Georgia Tax Reform Commission of 2009; providing access to certain otherwise confidential Department of Revenue information ................................. SR 453 Georgia Vulnerable Adult Study Commission; create; membership; duties......................................................................................................................... SR 57 Gilmer County Kids Kottage Commission; membership; change .........................HB 806 COMMITTEES Alzheimer's Disease and Other Dementias Task Force; create .............................. SR 257 Autism; create Senate Study Committee ................................................................ SR 672 Blood Pressure Down Shift Program; create Senate Study Committee ................. SR 456 Consolidation of Institutions of Higher Education, Senate Study Committee; create................................................................................................... SR 140 Consolidation of Services for Crime Victims; create Senate Study Committee............................................................................................................... SR 642 Georgia Health Disparities for Asian and Pacific Islander Americans; create Senate Study Committee .............................................................................. SR 635 Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties..................................... SB 42 5548 INDEX Georgia Nonprofit Organization and Their Governmental Partnerships; create Senate Study Committee .............................................................................. SR 399 Government; require state agencies to develop a privatization plan; establish Privatization Review Committee............................................................. SB 225 Green Information Technology; create Senate Study Committee............................ SR 83 Health Care Provider Rental Network Contract Arrangements; create Senate Study Committee ........................................................................................ SR 628 Health Care Transformation; create Joint Study Committee ................................. SR 331 Joint Georgia State Fire Services Study Committee; create................................... SR 513 Joint Vulnerable Adult Study Committee; create..................................................... SR 56 Legislative Solutions for the Safe Use of Cellular Telephones In Motor Vehicles; create Senate Study Committee.............................................................. SR 654 Patient Centered Medical Home; create Senate Study Committee ........................ SR 664 Property Tax Assessments and Appeals; create Senate Study Committee ............ SR 685 Regional Educational Service Agencies; create Senate Study Committee ............ SR 595 Retrofit of Diesel Engines; joint study committee; create...................................... SR 109 Roosevelt Warm Springs Institute for Rehabilitation; create Senate Study Committee............................................................................................................... SR 641 Self-sufficiency of State Museums, Parks, and Golf Courses; create Senate Study Committee ........................................................................................ SR 686 Senate Administration of Dental Benefits for Medicaid and Peachcare Study Committee; create......................................................................................... SR 665 Senate Biomass/Bioenergy Study Committee; create ............................................ SR 579 Senate Comprehensive Development Impact Fee Study Committee; create....................................................................................................................... SR 522 Senate Dangerous Dogs Study Committee; create ................................................. SR 622 Senate Emergency and Pandemic Preparedness and Response Study Committee; create................................................................................................... SR 752 Senate Georgia State Fire Services Study Committee; create................................ SR 615 Senate Study Committee on Boating Safety; create............................................... SR 184 Senate Study Committee on Drug Courts and Addictive Drugs; create ................ SR 563 Senate Study Committee on the Merger of Georgia Technical and TwoYear Colleges; create.............................................................................................. SR 627 Senate Telecommunications Comprehensive Reform Study Committee; create....................................................................................................................... SR 736 COMMITTEES, SENATE STANDING Appointments to standing committees.................................................................. Page 32 Session Ex-Officio Appointments: HEATH; appointed Ex-Officio to Transportation................................................. Page 31 HILL, JACK; appointed Ex-Officio to Finance .................................................... Page 11 JACKSON, B; appointed Ex-Officio to Public Safety .......................................... Page 92 INDEX 5549 PEARSON; appointed Ex-Officio to Banking and Financial Institutions ............ Page 70 PEARSON; appointed Ex-Officio to Special Judiciary ...................................... Page 398 ROGERS; appointed Ex-Officio to Appropriations.............................................. Page 12 SIMS; appointed Ex-Officio to Economic Development .................................... Page 100 WILES; appointed Ex-Officio to Insurance and Labor ......................................... Page 54 COMMUNITY AFFAIRS, DEPARTMENT OF State Government; grants for clean energy property; provisions...........................HB 473 COMPENSATION RESOLUTIONS White, Mr. John Jerome; compensate ....................................................................HR 161 COMPETITION FOR PUBLIC WORK BIDS Government; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences.................. SB 44 CONSERVATION AND NATURAL RESOURCES Air Quality; provide collective emissions limitations for facilities emitting pentachlorophenol near primary/secondary schools ................................ SB 276 Concealed Weapon; kept in a holster; repeal requirement ......................................... SB 9 Conservation/Natural Resources; references to administrative law judge/hearing officer, final decision of Board of Natural Resources; provision ................................................................................................................. SB 229 Crimes; authorize churches to determine whether to permit persons licensed to carry firearms to carry on church premises/functions.......................... SB 281 Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms; change certain provisions .............................................................................. SB 30 General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells ................................................. SR 12 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director................ SB 78 Georgia Voluntary Remediation Program Act; enact ............................................HB 248 Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions .......................................................................................HB 493 Natural Resources, Department of; proposed new or revised flood elevations; require notice........................................................................................HB 169 Natural Resources; provide costs to be covered by fee; compliance with state/federal clean air laws...................................................................................... SB 198 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 5550 INDEX Public Water Systems; water usage among tenants; revise provisions ..................HB 158 Soil Erosion and Sedimentation; 25 foot buffers along state waters; change certain provisions ....................................................................................... SB 155 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions................................................................................................................ SB 228 State Health/Human Services Agencies; reorganize and reestablish; provisions................................................................................................................HB 228 State Owned Marshland/Water bottoms; leasing; change certain provisions................................................................................................................HB 170 State Parks/Recreational Areas; boat shelters on High Falls Lake; provide for permits...............................................................................................................HB 367 State-wide Recycling Program; expand; provisions...............................................HB 310 U.S. Fish/Wildlife Service; urged to conduct further scientific study in the Etowah River Basin; perform mandatory five-year review.............................. SR 304 Waste Management; provide for quarantining/certified clean up of sites where methamphetamine was unlawfully manufactured ......................................... SB 15 Water Well Standards; contractors or drillers; change certain provisions .............HB 552 CONSPIRACY AND SOLICITATION; CRIMINAL CODE Local Government; prohibit immigration sanctuary policies by local governmental entities; provide penalties .................................................................. SB 20 CONSTITUTIONAL AMENDMENTS Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts ................................................................ SR 1 Charter Schools; use of surplus property; revise certain provisions ......................HB 555 Counties; re-creation of a previously existing county merged into another county accomplished by law; number of counties limited ..................................... SR 392 Education Improvement Districts; provide creation and comprehensive regulation ................................................................................................................ SR 153 Election; right of secret ballot ................................................................................ SR 108 General Assembly; any governmental body/private corporation performing a public purpose shall be open the public............................................ SR 520 General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells ................................................. SR 12 Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations; transferred to state treasury for purpose of funding ......................... SR 277 Governor; term of office; compensation and allowances....................................... SR 637 Homeowner Tax Relief Grants; require mandatory funding.................................. SR 179 Motor Fuel Taxes; appropriated for all activities incident to providing an adequate system of public roads/bridges; transportation purposes ........................ SR 336 Motor Fuel Taxes; General Assembly modify any proposed expenditure of received revenue................................................................................................. SR 110 INDEX 5551 Sales Tax; proceeds used exclusively to build PeachCare for Kids; create Penny for the Kids Trust Fund ............................................................................... SR 335 Senate Study Committee on Drug Courts and Addictive Drugs; create ................ SR 563 State Properties Commission; Board of Regents; multiyear rental agreements .............................................................................................................. SR 510 State Tax Reform; provide for the imposition, levy, and collection of state sales/use tax; transportation purposes .............................................................. SR 90 Tax; regional local option transportation tax............................................................ SR 44 Taxes; local ad valorem reduction option; provide procedures, conditions, and limitations ............................................................................................................ SR 2 Transportation Trust Fund; create ..........................................................................HR 206 CONTRACTS Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 Illegal/Void Contracts; partial restraint of trade; repeal.........................................HB 173 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability .................................................. SB 75 Security/Immigration Compliance; public employers; clarify requirements ...............................................................................................................HB 2 CONTROLLED SUBSTANCES Controlled Substance; definition of a dangerous drug; remove the exception for pseudoephedrine in single dose; 60 milligram or less ....................... SB 10 Controlled Substances; Schedule II, III, and IV; change certain provisions..........HB 368 Georgia Prescription Monitoring Program Act; enact............................................HB 614 Georgia Prescription Monitoring Program Act; monitoring of prescribing and dispensing controlled substances by the Georgia State Board of Pharmacy ................................................................................................................ SB 248 Sales/Use Tax; controlled substances and dangerous drugs; certain exemptions; provide..................................................................................................HB 59 CORDELE JUDICIAL CIRCUIT Cordele Judicial Circuit; superior court; change certain terms ..............................HB 216 CORONERS Coroners; clarify Georgia Bureau of Investigations has jurisdiction over post mortem examination whose death occurs on certain state property ................. SB 38 Coroners; death investigations; notification requirements; provide.........................HB 50 Death Certificate Filings; cause and circumstances of death; coroners; provisions..................................................................................................................HB 64 5552 INDEX CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Georgia Limited Liability Company Act; certain technical corrections; clarify provisions ....................................................................................................HB 308 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 Uniform Electronic Transactions Act; enact ..........................................................HB 126 CORRECTIONS, BOARD OF AND DEPARTMENT OF Probation; sentencing court; additional charge; authorize .....................................HB 344 COSMETOLOGISTS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 COUNTIES, MUNICIPALITIES; SERVICE DELIVERY; COORDINATED PLANNING Service Delivery Strategies; certain drinking water projects; funding limitation; provide exemption ................................................................................HB 406 COUNTIES Code Officials; provide for protection and training; definitions; criminal penalties .................................................................................................................. SB 188 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 Local Government; prohibit immigration sanctuary policies by local governmental entities; provide penalties .................................................................. SB 20 Municipal Corporations; create special district which employ in excess of 1500 police officers/firefighters combined............................................................... SB 77 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Redevelopment Powers Law; enact..........................................................................HB 63 COUNTY BOARDS OF HEALTH Health; community service boards; membership; modify certain provisions; transfer powers/duties to Department of Human Resources .............. SB 230 COURTS Appellate Courts; filing fees; change certain provisions........................................HB 331 Attorneys; advertise on television in the State of Georgia; regulate/impose conditions; provide for a penalty ................................................... SB 41 Chief Judge of the Court of Appeals; emergency powers; provisions ...................HB 185 Constables/Marshals; notify protected persons upon the service of certain protective orders ......................................................................................................... SB 4 Cordele Judicial Circuit; superior court; change certain terms ..............................HB 216 INDEX 5553 Court Reports; publishing a volume of rules from the definition of reports; remove requirement...................................................................................HB 235 Courts; additional criminal penalties for purposes of drug abuse treatment/education programs; revise provisions ................................................... SB 112 Courts; Georgia Courts Automation Commission; repeal......................................HB 289 Courts; juvenile proceedings; revisions.................................................................. SB 292 Courts; provide notice of the release of child from detention under certain circumstances; definitions ...................................................................................... SB 246 Courts; required annual training for magistrates/probate judges; suspend for one year ............................................................................................................. SB 199 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions .......................................... SB 173 Delinquent/Unruly Children; disposition; change provisions ................................HB 245 Douglas Judicial Circuit; superior court judges; supplement paid; change ...........HB 652 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions.................. SB 180 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .............................................. SB 239 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents .............................................................................. SB 57 Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions ................................................................................................HB 254 Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to Ga. Superior Court Clerks' Cooperative ................. SB 127 Judicial Branch of Government; financing and operations; revise provisions................................................................................................................HB 283 Judicial System; assignment of senior judges; provide for provisions...................HB 514 Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 Local Government; newly created municipalities; change certain provisions.................................................................................................................. SB 58 Magistrate Judges; performing military duty; eligible for re-election; provisions................................................................................................................HB 156 Municipal Court of Columbus, Georgia; provide municipal court judges shall be elected on a nonpartisan basis ................................................................... SB 274 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 Probate Courts; associate probate court judges; provisions ...................................HB 495 Probation; sentencing court; additional charge; authorize .....................................HB 344 Proceedings; admit general public to hearings in juvenile court with certain exceptions ................................................................................................... SB 207 5554 INDEX Property; foreclosures on mortgages; require recording of documents relating to sales under power; change provisions................................................... SB 141 Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services...................................... SB 109 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 State Court of Clayton County; additional judge; provisions ................................HB 811 State Health/Human Services Agencies; reorganize and reestablish; provisions................................................................................................................HB 228 Superior Courts; issuing orders on motions; provisions.........................................HB 220 Superior Courts; sunset dates for property filing fees; change...............................HB 453 Trial Juries; provide members of electric membership corp. shall be qualified to serve as juror where electric membership corp. is a party .................... SB 81 Trial Juries; qualification of electric membership corporation; provisions............HB 195 Uniform Electronic Transactions Act; enact ..........................................................HB 126 COVINGTON Covington, City of; levy and excise tax; authorize ................................................HB 810 COWETA COUNTY Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate .............................................................................................. SR 567 Superior Court of the Coweta Judicial Circuit; judges; change supplemental salaries .............................................................................................. SB 154 CRIMES AGAINST THE PERSON Courts; provide notice of the release of child from detention under certain circumstances; definitions ...................................................................................... SB 246 Crimes; provide the imposition of life without parole; person convicted of murder independently of a death penalty prosecution ......................................... SB 13 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Family Violence; define certain terms; Georgia Family Violence Offender Registry; create........................................................................................ SB 142 Kidnapping; change certain provisions ..................................................................HB 575 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions.................................................. SB 172 CRIMES AND OFFENSES (CRIMINAL CODE) Bingo Games; limits on amounts of prizes; remove ..............................................HB 674 Code Officials; provide for protection and training; definitions; criminal penalties .................................................................................................................. SB 188 Concealed Weapon; kept in a holster; repeal requirement ......................................... SB 9 INDEX 5555 Controlled Substance; definition of a dangerous drug; remove the exception for pseudoephedrine in single dose; 60 milligram or less ....................... SB 10 Controlled Substances; Schedule II, III, and IV; change certain provisions..........HB 368 Courts; provide notice of the release of child from detention under certain circumstances; definitions ...................................................................................... SB 246 Crimes; authorize churches to determine whether to permit persons licensed to carry firearms to carry on church premises/functions.......................... SB 281 Crimes; provide the imposition of life without parole; person convicted of murder independently of a death penalty prosecution ......................................... SB 13 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients ............................ SB 59 Electronic Tracking Device; location of person without consent; prohibit..............HB 16 False Identification Documents; manufacturing, selling, or distributing; provisions..................................................................................................................HB 71 Family Violence; define certain terms; Georgia Family Violence Offender Registry; create........................................................................................ SB 142 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 Georgia Criminal Justice Study Commission; provide membership, duties, and operation................................................................................................. SR 50 Georgia Prescription Monitoring Program Act; enact............................................HB 614 Georgia Prescription Monitoring Program Act; monitoring of prescribing and dispensing controlled substances by the Georgia State Board of Pharmacy ................................................................................................................ SB 248 Handgun Ammunition; prohibit manufacture, sale that does not contain unique code; create ammunition coding system data base ....................................... SB 12 Kidnapping; change certain provisions ..................................................................HB 575 Local Boards of Education; no person on the national/state sex offender registry shall be eligible for election/service on board............................................. SB 14 Local Government; prohibit immigration sanctuary policies by local governmental entities; provide penalties .................................................................. SB 20 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time ............................................................................ SB 65 Proceedings; admit general public to hearings in juvenile court with certain exceptions ................................................................................................... SB 207 Public Transportation; consumption of food/beverages in a rapid rail station/intermodal bus station ................................................................................... SB 89 5556 INDEX Secondary Metals Recyclers; provide regulation of theft of regulated metal property; transaction records; change provisions ........................................... SB 82 Sexual Offenses; child molestation; define; change certain provisions .................HB 123 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 Truth in Testimony Act; require an oath for purposes of presenting certain evidence to committee/subcommittee of General Assembly ......................... SB 7 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions.................................................. SB 172 CRIMINAL JUSTICE COORDINATING COUNCIL Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions .......................................... SB 173 CRIMINAL PROCEDURE Bonds/Recognizances; electronic pretrial release and monitoring; provisions................................................................................................................HB 306 Bonds/Recognizances; professional bondsmen; provisions...................................HB 147 Courts; provide notice of the release of child from detention under certain circumstances; definitions ...................................................................................... SB 246 Crimes; provide the imposition of life without parole; person convicted of murder independently of a death penalty prosecution ......................................... SB 13 Criminal Procedure; provide a magistrate court judge with certain authority regarding the issuance of certain warrants ................................................ SB 73 Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ......................................................................................................................HB 323 Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties..................................... SB 42 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses ................... SB 151 Proceedings; provide defendant must be found mentally retarded by a preponderance of the evidence ............................................................................... SB 121 Search Warrants; authorizing the installation, use, and removal of tracking devices subject to certain conditions ........................................................ SB 227 Search Warrants; issuance by judicial officers; change provisions; noknock warrants........................................................................................................ SB 197 Sentence/Punishment; allow family of victim to provide statements during sentencing procedures of person who committed the crime ....................... SB 174 Sentence/Punishment; authorize Corrections, Department; participation in transitional center; offender's final year of incarceration ....................................... SB 193 INDEX 5557 Sentence/Punishment; defendants guilty of crimes involving bias, prejudice, circumstances, and parole; repeal certain provisions ............................ SB 234 Sentence/Punishment; provide a moratorium on the administration of death sentence......................................................................................................... SB 175 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law.................. SB 157 Victim Compensation; provide for an adult entertainment surcharge; definitions ................................................................................................................. SB 91 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions.................................................. SB 172 CUCOLO, MAJOR GENERAL TONY; recognized......................................... Page 381 D DADE COUNTY Dade County Board of Commissioners; members reside in respective districts; provide .....................................................................................................HB 762 DAWSON COUNTY Dawson County; levy an excise tax; authorize.......................................................HB 626 State of Georgia Property; certain counties; nonexclusive easements; authorize .................................................................................................................HR 279 DEAD BODIES Coroners; clarify Georgia Bureau of Investigations has jurisdiction over post mortem examination whose death occurs on certain state property ................. SB 38 Deceased Individuals; regulation of certain areas; disposition of bodies; provisions..................................................................................................................HB 68 DEATH PENALTY Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ......................................................................................................................HB 323 DECATUR COUNTY State Highway System; certain portions; dedicate .................................................HR 336 DECATUR, CITY OF Decatur, City of; authorize all redevelopment/other powers; provide a referendum.............................................................................................................. SB 279 5558 INDEX DEEDS AND OTHER INSTRUMENTS; RECORDATION AND REGISTRATION Uniform Real Property Electronic Recording Act; adopt; provisions....................HB 127 DEKALB COUNTY DeKalb County; compensation of sheriff; change certain provisions....................HB 812 Dunwoody, City of; governing authority; provisions.............................................HB 764 DENTISTS AND DENTAL HYGIENISTS Dentistry Services; indigent patients; continuing education hours; provide waiver ..................................................................................................................... SB 262 DENTON Denton, City of; filling vacancies; revise manner ..................................................HB 593 DISABLED PERSONS; ADULTS AND ELDER PERSONS Disabled Adults/Elder Persons; revise definition; acts in long-term care facilities unlawful; provide.....................................................................................HB 457 DISEASES AND METABOLIC DISORDERS; HAZARDOUS CONDITIONS Health; provide voluntary contributions through individual income tax returns for cancer research...................................................................................... SB 201 DISTILLED SPIRITS Distilled Spirits; state license requirements; identifying information; provide ....................................................................................................................HB 115 DISTRICT ATTORNEYS RETIREMENT FUND Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services...................................... SB 109 DOCTORS OF THE DAY Agarwal, Dr. Deepali ........................................................................................... Page 585 Agarwal, Dr. Ravindra......................................................................................... Page 585 Barnes, Dr. Joseph ............................................................................................... Page 327 Bussey-Jones, Dr. Jada ...................................................................................... Page 2237 Cook, Dr. Nancy .................................................................................................. Page 299 Cox, Dr. Robert J. ................................................................................................ Page 123 Dawkins, Dr. Stephen ........................................................................................ Page 2771 Demers, Dr. Beth ............................................................................................... Page 3129 Featherston, Dr. Sam ......................................................................................... Page 2254 Foulkes, Dr. Guy.................................................................................................. Page 205 INDEX 5559 Gallup Dr. Pam .................................................................................................... Page 279 Grubbs, Dr. Earl................................................................................................... Page 129 Guy, Dr. Danny.................................................................................................... Page 224 Hagues, Dr. Mike................................................................................................. Page 153 Heller, Dr. John.................................................................................................. Page 2302 Henderson, Dr. Vernon...................................................................................... Page 2553 Holbrook, Dr. Stephen ....................................................................................... Page 1452 Kaufmann, Dr. Robert ............................................................................................. Page 7 Kelly, Dr. Robert ................................................................................................. Page 117 Liebweitz, Dr. Jason .......................................................................................... Page 2922 Lorenzo, Dr. Sam................................................................................................. Page 416 Lundy, Dr. Doug................................................................................................ Page 1901 McCollam, Dr. Steve ........................................................................................... Page 267 Muller, Dr. Steven ..........................................................................................Pages 69, 80, 109, 1417 Richter, Dr. Gary ................................................................................................... Page 53 Ro, Dr. Jun ......................................................................................................... Page 4082 Rogers, Dr. John .................................................................................................. Page 183 Schiaffino, Dr. Maria A. ...................................................................................... Page 703 Segerman, Dr. Stuart............................................................................................ Page 170 Sexson, Dr. William............................................................................................. Page 377 Smith, Dr. Jason................................................................................................... Page 526 Tarlton, Dr. Rebecca.......................................................................................... Page 2269 Thomas, Dr. Edd................................................................................................ Page 2302 Trammel, Dr. Antoine............................................................................................ Page 66 Vermeer, Dr. Todd............................................................................................. Page 2324 Williamson, Dr. Todd ...................................................................................... Page 46, 99 Willingham, Dr. Melinda..................................................................................... Page 459 Yaeger, Dr. Howard............................................................................................... Page 89 DOMESTIC RELATIONS Child Support; revise a definition; correct cross-references; provisions................HB 145 Domestic Relations/Social Services; sexual exploitation; expand the definition................................................................................................................... SB 69 Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means................................... SB 169 Family Violence; define certain terms; Georgia Family Violence Offender Registry; create........................................................................................ SB 142 Licensing; requirements; exceptions; professional counseling, social work, or marriage and family therapy; provisions ...................................................HB 60 Marriage License; sickle cell disease information; provide ...................................HB 184 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Option of Adoption Act; enact ...............................................................................HB 388 5560 INDEX Private Child Support Collection; definitions; provisions......................................HB 189 Proceedings; admit general public to hearings in juvenile court with certain exceptions ................................................................................................... SB 207 Snowflakes Adoption Act; provide exclusive means of adopting human embryos................................................................................................................... SB 204 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 State Commission on Family Violence; date which commission cease to exist; repeal.............................................................................................................HB 385 The Reed Act; child custody; person registered on the state sexual offender registry; constitute a change of material condition .................................. SB 145 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions.................................................. SB 172 DOOLY COUNTY Dooly County; board of elections and registration; create .....................................HB 658 Dooly County; Magistrate Court; law library fee; establish ..................................HB 646 Douglas County; State Court; addition of second judge; delay .............................HB 654 DOUGHERTY COUNTY Albany-Dougherty County; consolidated and unified government; create............HB 800 DOUGLAS Douglas, City of; filling vacancies; revise provisions............................................HB 591 DOUGLAS COUNTY Douglas County; Board of Commissioners; member residency qualifications; provide ............................................................................................HB 539 Douglas County; compensation of coroner; change...............................................HB 653 Douglas County; Redevelopment Powers Law; authorize.....................................HB 322 State of Georgia Property; certain counties; nonexclusive easements; authorize .................................................................................................................HR 279 DOUGLAS JUDICIAL CIRCUIT Douglas Judicial Circuit; superior court judges; supplement paid; change ...........HB 652 DOUGLASVILLE, CITY OF Douglasville, City of; Redevelopment Powers Law; authorize .............................HB 319 DRIVERS LICENSES (ALSO SEE MOTOR VEHICLES AND TRAFFIC) Driver Services, Department of; increase fees; speed restrictions; provisions................................................................................................................HB 160 INDEX 5561 Drivers' License; instructional permit reported stolen or forged; department shall issue a replacement permit with a new number .......................... SB 287 Driver's License; minor of disabled guardian; restricted learner's permit; provisions................................................................................................................HB 258 Drivers' Licenses; driving record; uniform traffic citations; provisions ................HB 396 Drivers' Licenses; driving while license is suspended/revoked or without being licensed; change provisions; provide for penalties ...................................... SB 115 Drivers' Licenses; examinations shall be administered only in English language; provide for an exception .......................................................................... SB 67 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement.................................................................................................... SB 2 Driver's Licenses; restricted; change the penalty for violation .................................. SB 6 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions.................. SB 180 Elections; registration of voters; provisions ...........................................................HB 549 Motor Vehicles; cell phones; text messaging; prohibit use......................................HB 23 Motor Vehicles; driver's license requirements; provision; serious injury due to a right of way violation resulting in collision; revise penalties................... SB 196 Rules of Road; provide assessment of points for a violation of 40-6-241; penalty..................................................................................................................... SB 218 DUBLIN, CITY OF Dublin, City of; corporate limits of city; change....................................................HB 745 DUKE, NELLIE; addressed the Senate.............................................................. Page 2554 DUNWOODY, CITY OF Dunwoody, City of; governing authority; provisions.............................................HB 764 E EARLY COUNTY South Georgia Regional Information Technology Authority; change certain provisions....................................................................................................HB 710 South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit ..........................................................................................HB 787 EATONTON Eatonton-Putnam Water and Sewer Authority; composition of authority; change certain provisions .......................................................................................HB 666 5562 INDEX ECONOMIC DEVELOPMENT, DEPARTMENT OF Made in Georgia Program; revise provisions; provide rules and regulations............................................................................................................... SB 117 EDUCATION Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Ga. ............. SB 238 Brittany Sharnay Wells Act; provide for a curriculum; require adoption of a policy against dating violence.............................................................................. SB 217 Building Resourceful Individuals to Develop Georgia's Economy Act; enact ........................................................................................................................HB 400 Charter Schools; use of surplus property; revise certain provisions ......................HB 555 Consolidation of Institutions of Higher Education, Senate Study Committee; create................................................................................................... SR 140 Dropout Deterrent Act; revise the age of mandatory education............................. SB 132 Education Improvement Districts; provide creation and comprehensive regulation ................................................................................................................ SR 153 Education; 180 day school year; school closure on Veterans Day; provide ..........HB 193 Education; annual contracts for certified personnel; extend certain deadlines; provisions ..............................................................................................HB 455 Education; authorize each local board of education to determine the maximum age of mandatory education; provide alternative tracks.......................... SB 60 Education; certificated personnel; provide placement on the state salary schedule .................................................................................................................. SB 219 Education; enrollment counts for students in certain dual enrollment programs, low-wealth capital outlay grants; embed/extend a sunset date ............. SB 178 Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements........................................................................................... SB 231 Education; High School Principal Incentive Pay Program; provide criteria, annual bonus, rules and regulations; subject to appropriations................... SB 93 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .............................................. SB 239 Education; parents enroll child in another school; provide option.........................HB 251 Education; provide for graduation from high school in three years; grants for graduate postsecondary education .................................................................... SB 278 Education; provide for scholarships for the children killed/disabled as result of combat wounds......................................................................................... SB 220 Education; provide for transfer of students who are military dependents into a local school system ....................................................................................... SB 114 Education; provide the option for parents to enroll their child in another school within the local school system or in private school; conditions ................... SB 90 Education; salary increase; provisions ...................................................................HB 243 Education; student scholarship organizations; provisions......................................HB 100 INDEX 5563 Education; unlawful disruption of/interference; operation of public schools or public school buses; revise provisions .................................................. SB 250 Education; Veterans Day; revise provision; elementary/secondary schools shall be closed on November 11............................................................................. SB 160 Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization..........................................HB 700 Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide ......................................................................................HB 311 Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization .............................................................................HB 93 Georgia's Promise; certain students who apply to member institutions who graduate from certain high schools in top 10 percent automatically admit ....................................................................................................................... SB 221 Government; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences.................. SB 44 Health Benefits; Georgia School Personnel Post-employment Health Benefit Fund; Georgia State Employees Post-employment; create ....................... SB 122 High School Program; include home schooled students; eligible to participate in the student honors programs............................................................. SB 210 HOPE; scholarships and grants; dependent children of military personnel; provide ....................................................................................................................HB 484 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy; adopt.................................................................... SB 137 Local Boards of Education; election; revise provisions ........................................... SB 84 Local Boards of Education; no person on the national/state sex offender registry shall be eligible for election/service on board............................................. SB 14 Local Boards of Education; provide for adoption of codes of ethics to govern members; annual review of such codes ........................................................ SB 36 Local School Systems; conduct an annual fitness assessment; require..................HB 229 Lottery Shortfall Reserve Subaccounts; revise trigger reductions in HOPE; provisions ...................................................................................................HB 157 Move on When Ready Act; enact...........................................................................HB 149 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Quality Basic Education Act; calculating grade point averages; revise certain provisions....................................................................................................HB 313 Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls....................................................................................HB 278 Quality Basic Education Act; mathematics or science teachers; additional compensation; provide............................................................................................HB 280 Retirement; election to participate in Regents Retirement in lieu of Teachers Retirement shall be revocable at will ...................................................... SB 257 5564 INDEX Retirement; provide any full-time public school employee may elect to become member of Teachers Retirement System .................................................. SB 260 Sales/Use Tax Exemption; certain school supplies; energy efficient products; provide ....................................................................................................HB 120 State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia ...............................................HB 301 Student Health; provide for possession/self-administration of autoinjectable epinephrine by students.............................................................................. SB 8 Student Health; school provide certain information to guardians; require.............HB 300 Technical College; legislative approval for creation or discontinuation; require .....................................................................................................................HB 294 ELECTIONS Campaign Contributions; prohibit the transfer of excess contributions to other candidates ...................................................................................................... SB 119 Election; increase filing fees/fines for campaign, financial, and lobbyist disclosure reports that are filed late .......................................................................... SB 17 Election; prohibit certain public officials from expending public funds to make certain publications immediately proceeding an election............................... SB 34 Election; reporting of certain campaign contributions; require special expedited reporting ................................................................................................... SB 70 Election; require a candidate to affirm that his/her residence is within the district which he/she shall be elected to serve.......................................................... SB 35 Election; right of secret ballot ................................................................................ SR 108 Elections/Primaries; voter registration; proof of United States citizenship; provisions..................................................................................................................HB 45 Elections; absentee ballots; returns be made by precinct; provide...........................HB 86 Elections; address confidentiality; provisions ........................................................HB 227 Elections; campaign contributions; prohibit public agencies from withholding ............................................................................................................. SB 242 Elections; enact Agreement Among the States to Elect the President by National Popular Vote; establish an interstate compact ......................................... SB 134 Elections; party's nomination/run for public office; provide for certain requirements to qualify ........................................................................................... SB 126 Elections; polling places outside the boundaries of precincts ................................ SB 185 Elections; registration of voters; provisions ...........................................................HB 549 Elections; remove references to ballot cards; provisions .......................................HB 540 Elections; require candidate for public office to be in compliance with disclosure requirements ............................................................................................ SB 33 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions......................... SB 168 Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions ......................................................... SB 96 INDEX 5565 O.C.G.A.; correct errors/omissions; Title 21............................................................ SB 47 Public Office; Governor; engage in seeking/accepting campaign contributions; unlawful and violation of oath of office.......................................... SB 273 Voters; applying to register to vote; persons shall provide proof of U.S. citizenship prior to acceptance of registration.......................................................... SB 86 ELECTRIC UTILITIES AND ELECTRICAL SERVICE Public Utilities; provide for portfolio standard goals for renewable/recoverable energy and energy efficiency ............................................ SB 147 ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 ELECTRONIC RECORDS AND SIGNATURES Georgia Condominium Act; failure of a declarant to carry out certain duties; provisions; transfer of control to the unit owners ....................................... SB 103 Uniform Electronic Transactions Act; enact ..........................................................HB 126 ELECTRONIC TECHNOLOGY, TRANSMISSIONS Rules of Road; provide assessment of points for a violation of 40-6-241; penalty..................................................................................................................... SB 218 ELLAVILLE, CITY OF Ellaville-Schley County Charter and Unification Commission Act; enact ............HB 791 EMANUEL COUNTY Oak Park, Town of; municipal court; provisions ...................................................HB 754 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 EMERGENCY MANAGEMENT ACT Chief Judge of the Court of Appeals; emergency powers; provisions ...................HB 185 Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms......................................................... SB 237 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 EMERGENCY MEDICAL SERVICES Emergency Medical Services Personnel; applicants; fingerprinting and criminal background investigations; require ..........................................................HB 325 5566 INDEX Georgia Trauma Care Network Commission; definition; funding priorities; revise provisions .................................................................................... SB 179 Georgia Trauma Care Network Commission; extensively revise duties; definitions; funding priorities; abolish Georgia Trauma Trust Fund ..................... SB 156 Health; require the board to administer examinations; respective scopes of practice for purposes of certifying emergency medical technicians .................. SB 233 EMERSON State Highway System; certain portions; dedicate .................................................HR 336 EMPLOYMENT SECURITY Georgia Works Job Creation and Protection Act of 2009; enact ...........................HB 581 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 EMPLOYMENT; MINORS Minors; adult entertainment establishments; provide minimum age of certain employees ..................................................................................................... SB 74 ENGINEERS AND LAND SURVEYORS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 ENTERPRISE ZONE EMPLOYMENT ACT Enterprise Zone; certain criteria for pervasive property; provide ..........................HB 427 ETHICS IN GOVERNMENT Campaign Contributions; prohibit the transfer of excess contributions to other candidates ...................................................................................................... SB 119 Election; increase filing fees/fines for campaign, financial, and lobbyist disclosure reports that are filed late .......................................................................... SB 17 Election; prohibit certain public officials from expending public funds to make certain publications immediately proceeding an election............................... SB 34 Election; reporting of certain campaign contributions; require special expedited reporting ................................................................................................... SB 70 Elections; campaign contributions; prohibit public agencies from withholding ............................................................................................................. SB 242 Elections; require candidate for public office to be in compliance with disclosure requirements ............................................................................................ SB 33 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions......................... SB 168 Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions ......................................................... SB 96 INDEX 5567 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Public Office; Governor; engage in seeking/accepting campaign contributions; unlawful and violation of oath of office.......................................... SB 273 EVIDENCE Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling........................................................................... SB 64 EWING, ROBERT F. Elected Secretary of Senate .................................................................................... Page 4 F FAMILY VIOLENCE Family Violence; define certain terms; Georgia Family Violence Offender Registry; create........................................................................................ SB 142 State Commission on Family Violence; date which commission cease to exist; repeal.............................................................................................................HB 385 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions.................................................. SB 172 FAYETTE COUNTY Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate .............................................................................................. SR 567 FEDERAL GOVERNMENT Congress; oppose legislation that interferes with state's ability to transport horses; request ........................................................................................................HR 583 General Assembly; development of Georgia's energy resources; express support ....................................................................................................................HR 338 FINANCIAL INSTITUTIONS Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients ............................ SB 59 Financial Institutions; S.A.F.E. Mortgage Licensing Act of 2008; incorporate provisions ............................................................................................HB 312 Financial Institutions; update definitions; provisions.............................................HB 141 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 5568 INDEX FINES AND FORFEITURES Courts; additional criminal penalties for purposes of drug abuse treatment/education programs; revise provisions ................................................... SB 112 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions; ........................................ SB 173 FIRE PROTECTION AND SAFETY Fireworks; provide a definition for the term "indoors" .......................................... SB 253 Joint Georgia State Fire Services Study Committee; create................................... SR 513 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Public Records; firefighters/emergency medical technicians; clarify disclosure of federal records; certain private information........................................ SB 26 FIREARMS Handgun Ammunition; prohibit manufacture, sale that does not contain unique code; create ammunition coding system data base ....................................... SB 12 FIREFIGHTERS; STANDARDS AND TRAINING Public Records; firefighters/emergency medical technicians; clarify disclosure of federal records; certain private information........................................ SB 26 FIREWORKS Fireworks; provide a definition for the term "indoors" .......................................... SB 253 FOLEY, MAJOR GENERAL JEFF; addressed the Senate............................. Page 2553 FOOD STANDARDS, LABELING, AND ADULTERATION Food Standards, Labeling/Adulteration; requirements for testing of samples/specimens of food; prohibited acts; change certain provisions .................. SB 80 Food; Georgia Food Act enforcement; change certain provisions.........................HB 381 FOOD, DRUGS, AND COSMETICS Brand Name Drugs; substitute generic drugs; provisions ......................................HB 194 Food Standards, Labeling/Adulteration; requirements for testing of samples/specimens of food; prohibited acts; change certain provisions .................. SB 80 Food; Georgia Food Act enforcement; change certain provisions.........................HB 381 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees ............ SB 123 Prescription Drugs; limit a pharmacist from substituting a drug as part of immunosuppressive therapy ................................................................................... SB 209 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 INDEX 5569 Torts; limit liability for certain drug/medical device manufacturers and sellers under certain circumstances; definitions; exceptions.................................. SB 101 FORGERY AND FRAUDULENT PRACTICES Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients ............................ SB 59 False Identification Documents; manufacturing, selling, or distributing; provisions..................................................................................................................HB 71 FORSYTH COUNTY Forsyth County; Board of Commissioners; elections; provisions..........................HB 378 Forsyth County; Board of Education; election of members; provisions ................HB 373 State Highway System; certain portions; dedicate .................................................HR 336 FRANKLIN Franklin, City of; compensation of mayor and councilmembers; establish ...........HB 770 FRANKLIN SPRINGS Franklin Springs, City of; corporate boundaries; provide ......................................HB 769 FULTON COUNTY Fulton County; Board of Education; system for pensions and retirement pay; provisions........................................................................................................HB 459 Fulton County; employee benefits made available to judges; provide...................HB 718 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 State of Georgia Property; certain counties; nonexclusive easements; authorize .................................................................................................................HR 279 FUNERAL DIRECTORS AND EMBALMERS Deceased Individuals; regulation of certain areas; disposition of bodies; provisions..................................................................................................................HB 68 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 G GAINESVILLE, CITY OF Gainesville Redevelopment Authority; composition and organization; modify.....................................................................................................................HB 801 Gainesville, City of; elect chairperson of board of education by election; provide nonbinding advisory referendum...............................................................HB 803 5570 INDEX Gainesville, City of; select mayor by election; provide nonbinding advisory referendum ...............................................................................................HB 802 GAME AND FISH Crimes; authorize churches to determine whether to permit persons licensed to carry firearms to carry on church premises/functions.......................... SB 281 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 Game/Fish; regulate taking, possession, transportation, farming, selling of fresh-water turtles; provide rules/regulations..................................................... SB 203 Hunting; prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, other substances........................................... SB 71 Licenses; hunting, fishing, and trapping; change certain provisions......................HB 326 Natural Resources Board; rules and regulations; watercraft; penalty of violations; change certain provisions ....................................................................... SB 72 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Special License Plates; Georgia Aquarium; provisions .........................................HB 639 U.S. Fish/Wildlife Service; urged to conduct further scientific study in the Etowah River Basin; perform mandatory five-year review.............................. SR 304 Wildlife; prohibition against trapping wildlife upon the rights of way of public roads/highways; provide exception ............................................................. SB 110 Wildlife; restrictions on hunting certain animals with lights ................................. SB 111 GARDEN CITY, CITY OF Garden City, City of; create new charter................................................................HB 297 Garden City, City of; deannex property; provide ...................................................HB 772 GASOLINE AND OTHER PETROLEUM PRODUCTS Sales/Use Tax; jet fuel; continue exemption ..........................................................HB 212 GENERAL ASSEMBLY Adjournment; relative to...........................................................................................HR 17 Adjournment; relative to.........................................................................................HR 238 Adjournment; relative to.........................................................................................HR 565 Congress; oppose legislation that interferes with state's ability to transport horses; request ........................................................................................................HR 583 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions......................... SB 168 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions......................... SB 168 General Appropriations; State Fiscal Year July 1, 2009 - June 30, 2010 ..............HB 119 General Assembly Convened; notify Governor ......................................................... SR 4 INDEX 5571 General Assembly; any governmental body/private corporation performing a public purpose shall be open the public............................................ SR 520 General Assembly; development of Georgia's energy resources; express support ....................................................................................................................HR 338 General Assembly; fiscal bills; requirements for fiscal notes regarding legislation; provide exceptions ............................................................................... SB 158 General Assembly; limit the recovery of attorney's fee for certain claims for compensation .................................................................................................... SB 290 House and Senate; certain committees; amend Official Code of Georgia Annotated references ..............................................................................................HB 117 House convened; notify Senate ................................................................................HR 13 Joint Georgia State Fire Services Study Committee; create................................... SR 513 Joint Session; message from Chief Justice of Supreme Court ...............................HR 121 Joint Session; message from Governor ....................................................................HR 16 Security/Immigration Compliance; public employers; clarify requirements ...............................................................................................................HB 2 Senate Convened; notify House of Representatives................................................... SR 3 Senate; Adopt Rules ................................................................................................... SR 5 Supplemental Appropriations; State Fiscal Year July 1, 2008 - June 30, 2009 ........................................................................................................................HB 118 Truth in Testimony Act; require an oath for purposes of presenting certain evidence to committee/subcommittee of General Assembly ......................... SB 7 GENERAL PROVISIONS, OCGA Confederate Heritage/History Month; create; provide Ralph Mark Gilbert Civil Rights Museum/official state historical civil rights museum .......................... SB 27 House and Senate; certain committees; amend Official Code of Georgia Annotated references ..............................................................................................HB 117 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 O.C.G.A.; correct errors/omissions; Title 21............................................................ SB 47 O.C.G.A; correct errors/omissions; Title 47............................................................. SB 48 GENEVA Geneva, City of; designate town center; provide ...................................................HB 518 GEORGIA BUILDING AUTHORITY Georgia Building Authority; exempt from certain sales and use tax; provisions................................................................................................................HB 333 State Government; police duties in Capitol Square; Department of Public Safety; reimburse ....................................................................................................HB 662 5572 INDEX GEORGIA BUREAU OF INVESTIGATION (GBI) Criminal Records; increase the fees for providing certain records ........................ SB 102 Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty ........................... SB 56 Local Government; prohibit immigration sanctuary policies by local governmental entities; provide penalties .................................................................. SB 20 GEORGIA FIRE SAFETY STANDARD AND FIREFIGHTER PROTECTION O.C.G.A.; correct errors/omissions .......................................................................... SB 46 GEORGIA MEDICAL CENTER AUTHORITY ACT Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization .............................................................................HB 93 GEORGIA REGIONAL TRANSPORTATION AUTHORITY Public Utility/Transportation; state government endorsed rideshare programs; provisions ..............................................................................................HB 440 Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority ................. SB 200 GEORGIA TECHNOLOGY AUTHORITY Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 State Government; Georgia Technology Authority; develop certain plans and reports; authorize .............................................................................................HB 436 State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee ..................................................... SB 194 GEORGIA YOUTH CONSERVATION CORPS Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions .......................................................................................HB 493 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 GILMER COUNTY Gilmer County Kids Kottage Commission; membership; change .........................HB 806 GINGREY, CONGRESSMAN PHIL; addressed the Senate........................... Page 2327 GITTINGS, KIMBERLY; recognized ................................................................ Page 304 GLENNVILLE Glennville, City of; corporate limits of city; change ..............................................HB 757 INDEX 5573 GLYNN COUNTY Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents, and employees ........................................ SB 268 Brunswick-Glynn County; Joint Water and Sewer Commission; create ...............HB 628 Glynn County; ad valorem tax; county purposes; homestead exemption; provisions................................................................................................................HB 178 Glynn County; ad valorem tax; school district; homestead exemption; provisions................................................................................................................HB 179 Jekyll Island-State Park Authority; terms of leases of subdivided lots; provisions; provide for lease amounts .................................................................... SB 166 State Highway System; certain portions; dedicate .................................................HR 336 GORDON COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 GOVERNOR Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting .................................................................................. SB 152 Budget Act; application of zero-based budgeting; provisions .................................HB 44 Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties ....................................................................... SB 85 Government; require state agencies to develop a privatization plan; establish Privatization Review Committee............................................................. SB 225 Governor; exercises certain powers to reserve/withhold appropriated funds; Office of Planning/Budget shall prepare report; tax exemptions ................ SB 116 Governor; require tax expenditure reviews as part of budget report; provide for definition.............................................................................................. SB 206 Governor; term of office; compensation and allowances....................................... SR 637 Local Government; homeowner tax relief grants; change certain provisions................................................................................................................HB 143 Motor Vehicles; driver's license requirements; provision; serious injury due to a right of way violation resulting in collision; revise penalties................... SB 196 Public Office; Governor; engage in seeking/accepting campaign contributions; unlawful and violation of oath of office.......................................... SB 273 State Purchasing; require certain percentage of all funds appropriated to state's various budget unit; projects/contracts involving small business.................. SB 21 Transportation Department; award a certain number of contracts to small businesses; require .................................................................................................... SB 29 Zero-Base Budgeting Act; provide for the application .............................................. SB 1 GOVERNOR PERDUE, SONNY Appointments; boards and commissions; confirmation ..................................... Page 4098 5574 INDEX Appointments; boards and commissions; favorable report ................................ Page 3101 Appointments; boards and commissions; received ............................................ Page 2527 Appointments; boards and commissions; transmit confirmation to Governor ............................................................................................................. Page 4099 Communication; HB 118; signed ....................................................................... Page 2220 General Assembly; Joint Session; State of the State address ................................. Page 54 Veto Letters 2008................................................................................................. Page 12 Veto HB 990 line item ......................................................................................... Page 20 GRADY COUNTY State of Georgia Property; certain counties; nonexclusive easements; authorize .................................................................................................................HR 279 GRANTS Security/Immigration Compliance; public employers; clarify requirements ...............................................................................................................HB 2 GREENE COUNTY Greene County Airport Authority; reimbursement of members; change...............HB 728 GUYTON, CITY OF Guyton, City of; corporate boundaries; change......................................................HB 786 GWINNETT COUNTY Loganville, City of; mayor and city councilmembers; change the terms...............HB 746 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 State Highway System; certain portions; dedicate .................................................HR 336 H HANCOCK COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 HANDICAPPED PERSONS Disabled Adults/Elder Persons; revise definition; acts in long-term care facilities unlawful; provide.....................................................................................HB 457 Disabled Veterans and Blind Persons; eligibility certificate; provisions ...............HB 128 HARLEM, CITY OF Harlem, City of; mayor counted in a quorum; provisions......................................HB 630 INDEX 5575 HEALTH Coroners; clarify Georgia Bureau of Investigations has jurisdiction over post mortem examination whose death occurs on certain state property ................. SB 38 Death Certificate Filings; cause and circumstances of death; coroners; provisions..................................................................................................................HB 64 Deceased Individuals; regulation of certain areas; disposition of bodies; provisions..................................................................................................................HB 68 Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling........................................................................... SB 64 Disabled Adults/Elder Persons; revise definition; acts in long-term care facilities unlawful; provide.....................................................................................HB 457 Emergency Medical Services Personnel; applicants; fingerprinting and criminal background investigations; require ..........................................................HB 325 Georgia Trauma Care Network Commission; definition; funding priorities; revise provisions .................................................................................... SB 179 Georgia Trauma Care Network Commission; extensively revise duties; definitions; funding priorities; abolish Georgia Trauma Trust Fund ..................... SB 156 Health Care Transformation; create Joint Study Committee ................................. SR 331 Health Care Transformation; create Senate Study Committee............................... SR 334 Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection............................................................................... SB 133 Health; community service boards; membership; modify certain provisions; transfer powers/duties to Department of Human Resources .............. SB 230 Health; provide voluntary contributions through individual income tax returns for cancer research...................................................................................... SB 201 Health; require the board to administer examinations; respective scopes of practice for purposes of certifying emergency medical technicians .................. SB 233 Hemophilia Advisory Board Act; create; provide for duties, reporting, membership, selection of officers........................................................................... SB 159 Hospital Acquisition; notice to Attorney General; change certain provisions................................................................................................................HB 667 Human Resources Commissioner; authorize to appoint a diabetes coordinator.............................................................................................................. SB 163 Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide...............................................................................................HB 350 Marriage License; sickle cell disease information; provide ...................................HB 184 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Physicians; order not to resuscitate a candidate for nonresuscitation; provide under certain conditions ..............................................................................HB 69 Prescription Drugs; limit a pharmacist from substituting a drug as part of immunosuppressive therapy ................................................................................... SB 209 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................... SB 222 5576 INDEX Student Health; school provide certain information to guardians; require.............HB 300 Uniform Electronic Transactions Act; enact ..........................................................HB 126 Women's Reproductive Health Legislative Oversight Committee; create............. SB 223 HEALTH CARE; HEALTH MAINTENANCE ORGANIZATIONS Insurance; revise time periods/eligibility for continuation coverage; group accident/sickness insurance plans............................................................................. SB 94 State Health/Human Services Agencies; reorganize and reestablish; provisions................................................................................................................HB 228 Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize ...................................................................................................HB 412 HEALTH PLANNING; CERTIFICATE OF NEED State Health/Human Services; reorganize and reestablish various agencies................................................................................................................... SB 222 HEARING AID DEALERS AND DISPENSERS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 HELEN Helen, City of; levy an excise tax; authorize..........................................................HB 638 HENRY COUNTY Henry County; Board of Elections and Registration; membership; provide ....................................................................................................................HB 687 Henry County; Magistrate Court; chief magistrate; provide..................................HB 688 Henry County; require board members to resign; repeal certain provisions..........HB 730 Henry County; State Court; solicitor-general; provisions ......................................HB 689 State Highway System; certain portions; dedicate .................................................HR 336 HIGHWAYS, BRIDGES, AND FERRIES Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties ....................................................................... SB 85 Georgia Coordinating Council for Rural and Human Services Transportation; establish........................................................................................... SB 22 Hal Rives Memorial Interchange; dedicate .............................................................. SR 43 Highway System; provide for an inventory of scenic areas; change provisions on certain restriction on outdoor advertising ......................................... SB 18 James H. Chandler, Jr. Memorial Intersection; dedicate........................................ SR 176 Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate .............................................................................................. SR 567 INDEX 5577 MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rapid rail system ........................ SB 120 MARTA; allow transportation services contract to authorize the extension to Authority's existing rapid rail system................................................. SB 285 Mason Varner Memorial Highway; Cobb County; dedicate.................................... SR 82 MSG Davy Nathaniel Weaver Memorial Highway; Lamar County; dedicate ................................................................................................................... SR 339 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Ray Delaigle Bridge; Burke County; designate ..................................................... SR 338 Road/Tollway Authority; contracts with Department of Transportation; provide authorization; better management of their respective finances................... SB 19 Roads; collections, expenditures, and exemptions respect to certain revenue; provisions................................................................................................. SB 187 Roadways; certain facilities; provide regulation ....................................................HB 101 Sheriff Jimmy Middleton Memorial Highway; Camden County; dedicate ........... SR 507 State Highway System; certain portions; dedicate .................................................HR 336 State Highway System; prohibit outdoor advertising from being maintained in certain areas ..................................................................................... SB 107 State Highway System; signs and signals; height limitations; allow owners to obtain permits to remove vegetation from the viewing zones ............... SB 164 The Georgia 2020 Transportation Act; enact .........................................................HB 277 Traffic-Control Devices; authorize Department of Transportation to establish rules/regulations for prevention/reduction; dangerous traffic congestion ................................................................................................................. SB 32 Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority ................. SB 200 Transportation Department; award a certain number of contracts to small businesses; require .................................................................................................... SB 29 Transportation; General Assembly may designate agencies/authorities to control projects; state highway system..................................................................... SB 40 US Army of the Cumberland Highway; Chickamauga; dedicate .......................... SR 175 HOLIDAYS AND OBSERVANCES Confederate Heritage/History Month; create; provide Ralph Mark Gilbert Civil Rights Museum/official state historical civil rights museum .......................... SB 27 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 HOMEOWNER TAX RELIEF GRANTS Local Government; homeowner tax relief grants; change certain provisions................................................................................................................HB 143 5578 INDEX HOSPITALS AND OTHER HEALTH CARE FACILITIES Hospital Acquisition; notice to Attorney General; change certain provisions................................................................................................................HB 667 Prescription Drugs; limit a pharmacist from substituting a drug as part of immunosuppressive therapy ................................................................................... SB 209 HOUSE OF REPRESENTATIVES Adjournment; relative to...........................................................................................HR 17 General Assembly; development of Georgia's energy resources; express support ....................................................................................................................HR 338 House and Senate; certain committees; amend Official Code of Georgia Annotated references ..............................................................................................HB 117 House Convened; notify Senate ...............................................................................HR 13 HOUSING Alcoholic Beverages; counties/municipalities; prohibition against sale within 100 yards of housing authority property; exception...................................... SB 68 HUMAN RESOURCES, DEPARTMENT OF Emergency Medical Services Personnel; applicants; fingerprinting and criminal background investigations; require ..........................................................HB 325 Human Resources Commissioner; authorize to appoint a diabetes coordinator.............................................................................................................. SB 163 Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions ................................................................................................HB 254 Private Child Support Collection; definitions; provisions......................................HB 189 State Health/Human Services Agencies; reorganize and reestablish; provisions................................................................................................................HB 228 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................... SB 222 Student Health; school provide certain information to guardians; require.............HB 300 I IGNITION INTERLOCK DEVICE PROVIDERS ACT Drivers' Licenses; driving record; uniform traffic citations; provisions ................HB 396 INCOME TAX Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program .............. SB 165 Education; student scholarship organizations; provisions......................................HB 100 INDEX 5579 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions......................... SB 168 Improved Taxpayer Customer Service Act of 2009; enact ....................................HB 485 Income Tax Credit; purchase of one eligible single-family residence; provide ....................................................................................................................HB 261 Income Tax Returns; authorize taxpayers to make certain contributions; programs for the education of multiple sclerosis...................................................... SB 25 Income Tax; certain real estate investment trusts; disallow expenses paid; provisions................................................................................................................HB 379 Income Tax; credits; business enterprises; provide................................................HB 439 Income Tax; provide for obtaining/maintaining creditable health insurance coverage as condition of claiming exemptions/receiving funds ............ SB 106 Income Tax; tax credits for qualified jobs and projects; comprehensive revision; provide .....................................................................................................HB 438 Insurance; premium taxes for certain products; provide exemption; provisions................................................................................................................HB 410 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 Levy/Sale; change nonbankruptcy exemptions ...................................................... SB 249 Revenue/Taxation; forms of payment; change certain provisions .........................HB 334 State Properties Commission; provide authority to enter into multiyear lease agreements ..................................................................................................... SB 254 Tax; business enterprises; revise the definition...................................................... SB 202 Teleworking; income tax credits; provisions..........................................................HB 186 INDIGENT AND ELDERLY PATIENTS Disabled Adults/Elder Persons; revise definition; acts in long-term care facilities unlawful; provide.....................................................................................HB 457 Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection............................................................................... SB 133 INDIGENT DEFENSE ACT Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties..................................... SB 42 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 INFORMATION TECHNOLOGY State Government; Georgia Technology Authority; develop certain plans and reports; authorize .............................................................................................HB 436 INFRASTRUCTURE DEVELOPMENT DISTRICTS Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions ......................................................... SB 96 5580 INDEX INSURANCE Insurance Agent License; applicant shall be appointed by an authorized insurer prior to issuance of the license; repeal requirement ................................... SB 144 Insurance Commissioner; authorize health reimbursement arrangement only plans; approved for sale; individual health insurance policies....................... SB 105 Insurance Companies; required to indicate on their premium statements to consumers; premium taxes paid by the insurer .................................................. SB 125 Insurance Contracts; corporations; employees covered; change minimum number ......................................................................................................................HB 80 Insurance Delivery Enhancement Act of 2009; enact ............................................HB 321 Insurance; certain group accident/sickness insurance plans; revise time period/eligibility for continuation coverage ........................................................... SB 182 Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize ...................................................................................................HB 412 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ................ SB 50 Insurance; dispute; material not in English; provisions .........................................HB 417 Insurance; establish unfair trade practice to fail to consider suitability for a person 65 years of age or older.............................................................................. SB 95 Insurance; general agent; provide amount of a policy fee permitted to be charged.................................................................................................................... SB 189 Insurance; group life policy coverage; remove participation requirement.............HB 305 Insurance; multiple employer self-insured health plan; independent nonproprietary institutions of higher education; not subject to requirements ............................................................................................................. SB 63 Insurance; mutual life insurer; additional method of payment; provide ................HB 550 Insurance; premium taxes for certain products; provide exemption; provisions................................................................................................................HB 410 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 Insurance; provide for independent review of certain health insurance decisions; definitions; criteria; limitations; procedures.......................................... SB 215 Insurance; religious nonprofit organization; health care cost sharing arrangement; shall not be considered insurance company ..................................... SB 135 Insurance; require certain coverage for autism spectrum disorders; provide definitions .................................................................................................. SB 161 Insurance; require health benefit plan that covers cancer chemotherapy provide coverage for orally administered cancer medication ................................ SB 245 Insurance; revise time periods/eligibility for continuation coverage; group accident/sickness insurance plans............................................................................. SB 94 Insurers; high deductible health plans; offer one such plan with provisions for wellness incentives; annual premium rebate under certain conditions................................................................................................................ SB 286 INDEX 5581 Insurers; high deductible health plans; offer one such plan with provisions for wellness incentives.......................................................................... SB 282 Life Settlements Act; license/registration requirements for life settlement brokers; definitions ................................................................................................... SB 61 Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees ............ SB 123 Prescription Drugs; provide for prior authorization requirements; definitions; penalties; discounts; PeachCare for Kids Program ................................ SB 3 State Health/Human Services Agencies; reorganize and reestablish; provisions................................................................................................................HB 228 Uniform Electronic Transactions Act; enact ..........................................................HB 126 Workers' Compensation Insurance; revise code section; reg. of rates; remove certain references ......................................................................................... SB 76 INSURERS Insurance Companies; required to indicate on their premium statements to consumers; premium taxes paid by the insurer .................................................. SB 125 Insurance; establish unfair trade practice to fail to consider suitability for a person 65 years of age or older.............................................................................. SB 95 Insurance; mutual life insurer; additional method of payment; provide ................HB 550 Insurance; premium taxes for certain products; provide exemption; provisions................................................................................................................HB 410 Insurance; provide for independent review of certain health insurance decisions; definitions; criteria; limitations; procedures.......................................... SB 215 Insurance; revise time periods/eligibility for continuation coverage; group accident/sickness insurance plans............................................................................. SB 94 Insurers; high deductible health plans; offer one such plan with provisions for wellness incentives; annual premium rebate under certain conditions................................................................................................................ SB 286 Workers' Compensation Insurance; revise code section; reg. of rates; remove certain references ......................................................................................... SB 76 INTEREST AND USURY Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to Ga. Superior Court Clerks' Cooperative ................. SB 127 Local Government; newly created municipalities; change certain provisions.................................................................................................................. SB 58 ISAKSON, U.S. SENATOR JOHNNY; addressed the Senate ............................ Page 279 5582 INDEX J JACKSON COUNTY Jackson County; Airport Authority; appointment of members; change.................HB 557 JAILS Security/Immigration Compliance; public employers; clarify requirements ...............................................................................................................HB 2 JASPER COUNTY Superior Court of Jasper County; appointment of a clerk of the magistrate court ........................................................................................................................ SB 264 JEFF DAVIS COUNTY Denton, City of; filling vacancies; revise manner ..................................................HB 593 JEFFERSON COUNTY Jefferson County Utilities Authority Act; enact .....................................................HB 637 JOHNS CREEK, CITY OF Johns Creek, City of; adoption of ordinances; certain restrictions; provide ..........HB 659 JOHNSON COUNTY Johnson County; reapportion or redistrict; provide................................................HB 726 Johnson County; reapportionment or redistricting; provide...................................HB 725 JUDGES Superior Court of the Coweta Judicial Circuit; judges; change supplemental salaries .............................................................................................. SB 154 JUDICIAL ACCOUNTING Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to Ga. Superior Court Clerks' Cooperative ................. SB 127 JUDICIAL CIRCUITS Cordele Judicial Circuit; superior court; change certain terms ..............................HB 216 Douglas Judicial Circuit; superior court judges; supplement paid; change ...........HB 652 State Court of Clayton County; additional judge; provisions ................................HB 811 Superior Court of the Coweta Judicial Circuit; judges; change supplemental salaries .............................................................................................. SB 154 JUDICIAL RETIREMENT SYSTEM Georgia Judicial Retirement System; employer contributions; clarify ..................HB 210 INDEX 5583 Retirement/Pensions; postretirement benefit adjustment; provide statement of legislative intent .................................................................................HB 452 Retirement; change Board of Trustees to Georgia Judicial Retirement Systems ................................................................................................................... SB 181 Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services...................................... SB 109 Retirement; provide appellate court judges who become members; shall not be entitled to certain group term life insurance benefits .................................. SB 177 Retirement; State Merit of Personnel Administration to State Personnel Administration; change certain references ............................................................... SB 98 JUNK DEALERS Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 JURIES Trial Juries; provide members of electric membership corp. shall be qualified to serve as juror where electric membership corp. is a party .................... SB 81 Trial Juries; qualification of electric membership corporation; provisions............HB 195 JUVENILE PROCEEDINGS Courts; juvenile proceedings; revisions.................................................................. SB 292 Courts; provide notice of the release of child from detention under certain circumstances; definitions ...................................................................................... SB 246 Delinquent/Unruly Children; disposition; change provisions ................................HB 245 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .............................................. SB 239 Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions ................................................................................................HB 254 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Proceedings; admit general public to hearings in juvenile court with certain exceptions ................................................................................................... SB 207 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 K KENNESAW, CITY OF Kennesaw, City of; corporate city limits; change provisions.................................HB 635 5584 INDEX KINGSLAND Kingsland, City of; ad valorem taxes; homestead exemption; municipal purposes .................................................................................................................. SB 266 L LABOR AND INDUSTRIAL RELATIONS Georgia Works Job Creation and Protection Act of 2009; enact ...........................HB 581 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 Labor; provide standards for motor common/contract carriers transporting railroad employees ............................................................................. SB 212 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Prescription Drugs; provide for prior authorization requirements; definitions; penalties; discounts; PeachCare for Kids Program ................................ SB 3 Professions and Businesses; regulation; change provisions...................................HB 509 Workers' Compensation Insurance; revise code section; reg. of rates; remove certain references ......................................................................................... SB 76 Workers' Compensation; decisions of administrative law judge and appellate division; change certain provisions.........................................................HB 330 LAMAR COUNTY Lamar County Livestock and Agriculture Exposition Authority; repeal ...............HB 765 Lamar County; appoint county surveyor; provide..................................................HB 766 MSG Davy Nathaniel Weaver Memorial Highway; Lamar County; dedicate ................................................................................................................... SR 339 LANDLORD AND TENANT Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents .............................................................................. SB 57 Property; writ of possession; provide tenant with a valid lease stay in a foreclosed property for 60 days; notice to the occupant of impending sale........... SB 140 LANIER COUNTY State Highway System; certain portions; dedicate .................................................HR 336 LAURENS COUNTY Dublin, City of; corporate limits of city; change....................................................HB 745 INDEX 5585 LAW ENFORCEMENT OFFICERS AND AGENCIES Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions; ........................................ SB 173 Criminal Records; increase the fees for providing certain records ........................ SB 102 Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties ....................................................................... SB 85 Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty ........................... SB 56 Local Government; prohibit immigration sanctuary policies by local governmental entities; provide penalties .................................................................. SB 20 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Public Safety, Department of; Board of Public Safety; change certain provisions................................................................................................................HB 607 Public Safety, Department of; Motor Carrier Compliance Division; weight inspection; provide position........................................................................HB 343 Rachel's Law; provide for parameters regarding the use of confidential informants ............................................................................................................... SB 208 State Government; police duties in Capitol Square; Department of Public Safety; reimburse ....................................................................................................HB 662 LAWFUL PRESENCE WITHIN U.S.; VERIFICATION OF Local Government; prohibit immigration sanctuary policies by local governmental entities; provide penalties .................................................................. SB 20 LAWRENCEVILLE Lawrenceville, City of; levy an excise tax; authorize ............................................HB 706 LEGISLATIVE RETIREMENT SYSTEM Retirement/Pensions; postretirement benefit adjustment; provide statement of legislative intent .................................................................................HB 452 Retirement; State Merit of Personnel Administration to State Personnel Administration; change certain references ............................................................... SB 98 LICENSE PLATES AND REGISTRATION Motor Vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate .............................................................HB 57 Motor Vehicles; option of owner; permanent license plates for boat, utility, noncommercial cattle/livestock trailers; provide regulation of trailers ..................................................................................................................... SB 128 Special License Plates; Georgia Aquarium; provisions .........................................HB 639 Taxation; motor vehicles; comprehensive revision; provisions .............................HB 480 5586 INDEX LICENSES Distilled Spirits; state license requirements; identifying information; provide ....................................................................................................................HB 115 Emergency Medical Services Personnel; applicants; fingerprinting and criminal background investigations; require ..........................................................HB 325 Licenses; hunting, fishing, and trapping; change certain provisions......................HB 326 Nurses; education programs for licensure; revise requirements; provisions..........HB 475 LIEUTENANT GOVERNOR, CASEY CAGLE; addressed the Senate .............. Page 3 Standing Committee Assignments ......................................................................... Page 32 LIFE SETTLEMENTS ACT Life Settlements Act; license/registration requirements for life settlement brokers; definitions ................................................................................................... SB 61 LIMITED LIABILITY COMPANY ACT Georgia Limited Liability Company Act; certain technical corrections; clarify provisions ....................................................................................................HB 308 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 LOCAL GOVERNMENT Code Officials; provide for protection and training; definitions; criminal penalties .................................................................................................................. SB 188 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 Counties; re-creation of a previously existing county merged into another county accomplished by law; number of counties limited ..................................... SR 392 Enterprise Zone; certain criteria for pervasive property; provide ..........................HB 427 Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions ......................................................... SB 96 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 Government; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences.................. SB 44 Local Government Equipment Financing Authority Act; create ...........................HB 553 Local Government; homeowner tax relief grants; change certain provisions................................................................................................................HB 143 Local Government; newly created municipalities; change certain provisions.................................................................................................................. SB 58 Local Government; procedures to adopt property development moratoriums; provide definitions; applicability ..................................................... SB 236 Local Government; prohibit immigration sanctuary policies by local governmental entities; provide penalties .................................................................. SB 20 INDEX 5587 Municipal Corporations; create special district which employ in excess of 1500 police officers/firefighters combined............................................................... SB 77 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Redevelopment Powers Law; enact..........................................................................HB 63 Redevelopment Powers; computation of tax allocation increments of districts; ad valorem property taxes........................................................................ SB 186 Retirement; create Municipal Court Clerks' Retirement Fund of Georgia............. SB 275 Service Delivery Strategies; certain drinking water projects; funding limitation; provide exemption ................................................................................HB 406 Uniform Rules of the Road; bicycles on sidewalks; local government; authorize .................................................................................................................HB 422 Wireless Communications Tower Siting Act; provide planning for the construction of wireless facilities/wireless support structures ............................... SB 192 LOCUST GROVE, CITY OF Locust Grove, City of; authorize governing authority to levy an excise tax; provide procedures, conditions, and limitations.............................................. SB 183 Locust Grove, City of; levy an excise tax; authorize .............................................HB 778 LOGANVILLE Loganville, City of; mayor and city councilmembers; change the terms...............HB 746 LONG COUNTY Long County; board of elections and registration; create ......................................HB 798 LOTTERY FOR EDUCATION Georgia Lottery Corporation; provide certain prerequisites prior to employees receiving certain types of compensation .............................................. SB 243 Lottery Shortfall Reserve Subaccounts; revise trigger reductions in HOPE; provisions ...................................................................................................HB 157 LOWNDES COUNTY Lowndes County Board of Commissioners; powers and composition; provisions................................................................................................................HB 756 LUMPKIN Lumpkin, City of; provide new charter ..................................................................HB 598 5588 INDEX M MACON COUNTY Macon-Bibb County Water and Sewerage Authority Act; provide terms for members; federal preclearance ......................................................................... SB 280 MACON, CITY OF Macon, City of; levy an excise tax; authorize ........................................................HB 805 Macon, City of; levy an excise tax; authorize ........................................................HB 807 MAGISTRATE COURTS Constables/Marshals; notify protected persons upon the service of certain protective orders ......................................................................................................... SB 4 Courts; required annual training for magistrates/probate judges; suspend for one year ............................................................................................................. SB 199 Magistrate Judges; performing military duty; eligible for reelection; provisions................................................................................................................HB 156 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES State Purchasing; require certain percentage of all funds appropriated to state's various budget unit; projects/contracts involving small business.................. SB 21 MANCHESTER Manchester Public Utilities Authority Act; enact ..................................................HB 685 MANSFIELD State Highway System; certain portions; dedicate .................................................HR 336 MARRIAGE Licensing; requirements; exceptions; professional counseling, social work, or marriage and family therapy; provisions ...................................................HB 60 Marriage License; sickle cell disease information; provide ...................................HB 184 MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rapid rail system ........................ SB 120 MARTA; allow transportation services contract to authorize the extension to Authority's existing rapid rail system................................................. SB 285 INDEX 5589 MAYSVILLE Maysville, Town of; councilmembers; change terms.............................................HB 384 MCDUFFIE COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 MCGARITY, JUDGE ARCH; election certification.............................................. Page 3 MENTAL HEALTH Health; community service boards; membership; modify certain provisions; transfer powers/duties to Department of Human Resources .............. SB 230 Psychiatric Advance Directive Act; provide standards/limitations with respect to psychiatric advance directives................................................................ SB 224 State Health/Human Services Agencies; reorganize and reestablish; provisions................................................................................................................HB 228 MERIT SYSTEM Public Officers; provide spouse of armed forces member; 90 days of personal leave with pay/add. 30 days without pay; define term............................. SB 216 MERIWETHER COUNTY Jeffrey Steven Blanton Memorial Highway; Fayette/Coweta/Meriwether County line; dedicate .............................................................................................. SR 567 Meriwether County Board of Education; stagger the terms which board members are elected ................................................................................................. SB 66 State Highway System; certain portions; dedicate .................................................HR 336 MILITARY AFFAIRS; DEPARTMENT OF DEFENSE Magistrate Judges; performing military duty; eligible for reelection; provisions................................................................................................................HB 156 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Chief Judge of the Court of Appeals; emergency powers; provisions ...................HB 185 Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms......................................................... SB 237 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 HOPE; scholarships and grants; dependent children of military personnel; provide ....................................................................................................................HB 484 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 5590 INDEX O.C.G.A.; correct errors/omissions .......................................................................... SB 46 MILLEDGEVILLE Milledgeville, City of; levy an excise tax; authorize..............................................HB 776 Milledgeville, City of; levy an excise tax; provide procedures, conditions, and limitations ........................................................................................................ SB 256 Public Facilities Authority of the City of Milledgeville and Baldwin County Act.............................................................................................................. SB 265 MILLER COUNTY South Georgia Regional Information Technology Authority; change certain provisions....................................................................................................HB 710 South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit ..........................................................................................HB 787 MINORS Courts; juvenile proceedings; revisions.................................................................. SB 292 Delinquent/Unruly Children; disposition; change provisions ................................HB 245 Driver's License; minor of disabled guardian; restricted learner's permit; provisions................................................................................................................HB 258 Dropout Deterrent Act; revise the age of mandatory education............................. SB 132 Education; authorize each local board of education to determine the maximum age of mandatory education; provide alternative tracks.......................... SB 60 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .............................................. SB 239 Education; provide for transfer of students who are military dependents into a local school system ....................................................................................... SB 114 Education; unlawful disruption of/interference; operation of public schools or public school buses; revise provisions .................................................. SB 250 Family Violence; define certain terms; Georgia Family Violence Offender Registry; create........................................................................................ SB 142 Georgia's Promise; certain students who apply to member institutions who graduate from certain high schools in top 10 percent automatically admit ....................................................................................................................... SB 221 Government; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences.................. SB 44 High School Program; include home schooled students; eligible to participate in the student honors programs............................................................. SB 210 Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions ................................................................................................HB 254 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy; adopt.................................................................... SB 137 INDEX 5591 Local Boards of Education; no person on the national/state sex offender registry shall be eligible for election/service on board............................................. SB 14 Minors; adult entertainment establishments; provide minimum age of certain employees ..................................................................................................... SB 74 Move on When Ready Act; enact...........................................................................HB 149 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Proceedings; admit general public to hearings in juvenile court with certain exceptions ................................................................................................... SB 207 Social Services; convert Medicaid/PeachCare for Kids Program funds to premium assistance; low-income; private sector health insurance plans ................. SB 92 Social Services; services/treatment for categorically needy/medically fragile children; revise provisions; add definition.................................................. SB 289 Student Health; provide for possession/self-administration of autoinjectable epinephrine by students.............................................................................. SB 8 The Reed Act; child custody; person registered on the state sexual offender registry; constitute a change of material condition .................................. SB 145 MINYARD, DR. KAREN J.; addressed the Senate .......................................... Page 2233 MITCHELL COUNTY Mitchell County; vehicle registration period; specify ............................................HB 584 South Georgia Regional Information Technology Authority; change certain provisions....................................................................................................HB 710 South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit ..........................................................................................HB 787 MONTGOMERY COUNTY Montgomery County Board of Commissioners; meet at certain time monthly; provide.....................................................................................................HB 749 MOORE, DR. ROBERT; addressed the Senate ................................................ Page 2233 MORTGAGES, LIENS, AND SECURITY Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents .............................................................................. SB 57 Georgia Fair Lending Act; prohibit abusive home loan practices; provide definitions ................................................................................................................. SB 54 Property; determining when an instrument of conveyance shall be held to be an equitable mortgage ........................................................................................ SB 139 Property; foreclosures on mortgages; require recording of documents relating to sales under power; change provisions................................................... SB 141 5592 INDEX Property; writ of possession; provide tenant with a valid lease stay in a foreclosed property for 60 days; notice to the occupant of impending sale........... SB 140 MOTOR CARRIERS Drivers' Licenses; driving record; uniform traffic citations; provisions ................HB 396 Motor Vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate .............................................................HB 57 MOTOR FUEL AND ROAD TAX Revenue/Taxation; prepaid state fuel tax; provide exemption ...............................HB 121 Roads; collections, expenditures, and exemptions respect to certain revenue; provisions................................................................................................. SB 187 Sales/Use Tax; certain sales of dyed fuel oils; provide exemption ..........................HB 46 Taxes; exempt public school systems from motor fuel excise taxes under certain circumstances.............................................................................................. SB 167 MOTOR VEHICLES AND TRAFFIC Ad Valorem Tax; heavy-duty equipment vehicles; provide partial exemption ...............................................................................................................HB 318 Brakes; surge brakes; update certain provisions.....................................................HB 397 Driver Services, Department of; increase fees; speed restrictions; provisions................................................................................................................HB 160 Drivers' License; instructional permit reported stolen or forged; department shall issue a replacement permit with a new number .......................... SB 287 Driver's License; minor of disabled guardian; restricted learner's permit; provisions................................................................................................................HB 258 Drivers' Licenses; driving record; uniform traffic citations; provisions ................HB 396 Drivers' Licenses; driving while license is suspended/revoked or without being licensed; change provisions; provide for penalties ...................................... SB 115 Drivers' Licenses; examinations shall be administered only in English language; provide for an exception .......................................................................... SB 67 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement.................................................................................................... SB 2 Driver's Licenses; restricted; change the penalty for violation .................................. SB 6 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions.................. SB 180 Elections; registration of voters; provisions ...........................................................HB 549 Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations; transferred to state treasury for purpose of funding ......................... SR 277 Hunting; prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, other substances........................................... SB 71 Motor Vehicles; cell phones; text messaging; prohibit use......................................HB 23 INDEX 5593 Motor Vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate .............................................................HB 57 Motor Vehicles; driver's license requirements; provision; serious injury due to a right of way violation resulting in collision; revise penalties................... SB 196 Motor Vehicles; option of owner; permanent license plates for boat, utility, noncommercial cattle/livestock trailers; provide regulation of trailers ..................................................................................................................... SB 128 Motor Vehicles; use of safety belts; eliminate certain exceptions ............................. SB 5 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Off-road Vehicles; operating restrictions; change certain provisions ....................HB 207 Rules of Road; provide assessment of points for a violation of 40-6-241; penalty..................................................................................................................... SB 218 Rules of Road; provide for use of more than one parking place by persons with disabilities when all parking places are full .................................................. SB 153 Safety Belts; provide failure to use may be considered evidence of causation, negligence................................................................................................ SB 23 Secondary Metals Recyclers; provide regulation of theft of regulated metal property; transaction records; change provisions ........................................... SB 82 Special License Plates; Georgia Aquarium; provisions .........................................HB 639 Taxation; motor vehicles; comprehensive revision; provisions .............................HB 480 Uniform Rules of the Road; bicycles on sidewalks; local government; authorize .................................................................................................................HB 422 Victim Compensation; provide for an adult entertainment surcharge; definitions ................................................................................................................. SB 91 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions.................................................. SB 172 MOTORCYCLES O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 MOULTRIE, CITY OF Moultrie, City of; congratulate ............................................................................... SR 751 MUNICIPALITIES Local Government; newly created municipalities; change certain provisions.................................................................................................................. SB 58 O.C.G.A; correct errors/omissions; Title 47............................................................. SB 48 Retirement; create Municipal Court Clerks' Retirement Fund of Georgia............. SB 275 5594 INDEX MUSCOGEE COUNTY State Highway System; certain portions; dedicate .................................................HR 336 State of Georgia Property; certain counties; nonexclusive easements; authorize .................................................................................................................HR 279 MUSEUMS Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide ....................................................................................................HB 108 Sales/Use Tax Exemption; new construction of civil rights museum; provide ....................................................................................................................HB 349 N NATURAL RESOURCES Conservation/Natural Resources; references to administrative law judge/hearing officer, final decision of Board of Natural Resources; provision ................................................................................................................. SB 229 Natural Resources, Department of; proposed new or revised flood elevations; require notice........................................................................................HB 169 NEWBORN, TOWN OF Newborn, Town of; provide new charter................................................................HB 114 NEWTON COUNTY Newton County; Industrial Development Authority; rights and privileges; provide ....................................................................................................................HB 534 State Highway System; certain portions; dedicate .................................................HR 336 NICHOLLS Nicholls, Town of; filling vacancies; revise manner..............................................HB 592 NICHOLSON, CITY OF Nicholson, City of; provide new charter ................................................................HB 564 NORCROSS, CITY OF Norcross, City of; levy an excise tax; authorize.....................................................HB 715 Norcross, City of; mayor and city councilmembers; change terms........................HB 714 NORMAN PARK Norman Park, City of; provide new charter ...........................................................HB 737 INDEX 5595 NORTH HIGH SHOALS North High Shoals, Town of; revise and restate town charter; provisions.............HB 783 NURSES Cosmetic Laser Practitioners; licensing; change certain provisions; amend definitions; consulting physicians............................................................... SB 104 Georgia Registered Professional Nurse Practice Act; nursing education program requirements; revise certain provisions...................................................... SB 49 Georgia Registered Professional Nurse Practice Act; performance of health maintenance act. by a designated caregiver shall not be prohibited............ SB 244 Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection............................................................................... SB 133 Nurses; education programs for licensure; revise requirements; provisions..........HB 475 Nurses; licensure; nursing education programs; revise requirements; definitions ................................................................................................................. SB 45 O OATH OF OFFICE Administration of; Robert F. Ewing ........................................................................ Page 5 Administration of; Senators-Elect............................................................................ Page 3 O.C.G.A. 53-15 REPEALED; SEE CHAPTER 53-12, FIDUCIARY POWERS The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 O.C.G.A. 53-13 REPEALED 1991; SEE 53-12 TRUSTEES The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 O.C.G.A. 53-14 REPEALED; SEE 53-12; TESTAMENTARY ADDITIONS TO TRUSTS The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 OAK PARK Oak Park, Town of; municipal court; provisions ...................................................HB 754 OCCUPATIONAL REGULATION LEGISLATION REVIEW Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current regulation ........... SB 148 5596 INDEX OCHLOCKNEE Ochlocknee, Town of; provide new charter ...........................................................HB 721 OFF-ROAD VEHICLES Off-road Vehicles; operating restrictions; change certain provisions ....................HB 207 OGLETHORPE Fort Oglethorpe, City of; corporate boundaries; provide .......................................HB 830 OPEN AND PUBLIC MEETINGS Hemophilia Advisory Board Act; create; provide for duties, reporting, membership, selection of officers........................................................................... SB 159 Public Meetings; limitation on action to contest agency action, recording, notice of time/place; change certain provisions ..................................................... SB 143 P PALMETTO Palmetto, City of; ad valorem taxes; certain residents; provide homestead exemption ...............................................................................................................HB 314 PARDONS AND PAROLES Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling........................................................................... SB 64 Pardon and Paroles; general rule making power; certificate of restoration of voting rights; person convicted of felony............................................................ SB 11 Pardons/Paroles; classification of information/documents/divulgence of confidential state secrets; provisions ...................................................................... SB 241 Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses ................... SB 151 Penal Institutions; U.S. Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer; participate.......................... SB 136 PARENT AND CHILD Domestic Relations/Social Services; sexual exploitation; expand the definition................................................................................................................... SB 69 Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means................................... SB 169 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 INDEX 5597 PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Concealed Weapon; kept in a holster; repeal requirement ......................................... SB 9 Crimes; authorize churches to determine whether to permit persons licensed to carry firearms to carry on church premises/functions.......................... SB 281 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 State Parks/Recreational Areas; boat shelters on High Falls Lake; provide for permits...............................................................................................................HB 367 PEACE OFFICERS ANNUITY AND BENEFIT FUND O.C.G.A; correct errors/omissions; Title 47............................................................. SB 48 Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide ..............................................................................HB 465 Peace Officers' Annuity/Benefit Fund; county jail officers eligible for membership in such fund; creditable service; conditions....................................... SB 214 Public Retirement Systems; reform certain features; provisions ...........................HB 476 PEACE OFFICERS; EMPLOYMENT AND TRAINING Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties ....................................................................... SB 85 PEARSON City of Pearson Public Facilities Authority Act; create .........................................HB 793 Pearson, City of; filling vacancies; revise method .................................................HB 589 PENAL INSTITUTIONS Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Detention; certain medical costs; deductions from inmate account; modify provisions ...................................................................................................HB 464 Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling........................................................................... SB 64 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions.................. SB 180 Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide...............................................................................................HB 350 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Pardon and Paroles; general rule making power; certificate of restoration of voting rights; person convicted of felony............................................................ SB 11 Pardons/Paroles; classification of information/documents/divulgence of confidential state secrets; provisions ...................................................................... SB 241 5598 INDEX Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses ................... SB 151 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 Penal Institutions; U.S. Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer; participate.......................... SB 136 Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment........................................................... SB 162 Probated/Suspended Sentences; maximum period of revocation; change provisions................................................................................................................HB 329 Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time ............................................................................ SB 65 Probation Detention Centers; sentencing and confinement; change provisions................................................................................................................HB 226 Probation Management Act; probationers; provide comprehensive provisions.................................................................................................................. SB 24 Probation; sentencing court; additional charge; authorize .....................................HB 344 Security/Immigration Compliance; public employers; clarify requirements ...............................................................................................................HB 2 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law.................. SB 157 PERRY, CITY OF Perry, City of; levy an excise tax; authorize...........................................................HB 713 PETERSON, DR. G. P. "BUD"; addressed the Senate ..................................... Page 3156 PHARMACISTS AND PHARMACIES Brand Name Drugs; substitute generic drugs; provisions ......................................HB 194 Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees ............ SB 123 Prescription Drugs; limit a pharmacist from substituting a drug as part of immunosuppressive therapy ................................................................................... SB 209 Torts; limit liability for certain drug/medical device manufacturers and sellers under certain circumstances; definitions; exceptions.................................. SB 101 PHYSICIANS AND OSTEOPATHS; GEORGIA BOARD FOR PHYSICIAN WORKFORCE Georgia Board for Physicians Workforce; revise certain provisions .......................HB 49 INDEX 5599 PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Cosmetic Laser Practitioners; licensing; change certain provisions; amend definitions; consulting physicians............................................................... SB 104 Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means................................... SB 169 Georgia Registered Professional Nurse Practice Act; performance of health maintenance act. by a designated caregiver shall not be prohibited............ SB 244 Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection............................................................................... SB 133 Physicians; influenza vaccine orders; provisions ...................................................HB 217 Physicians; order not to resuscitate a candidate for nonresuscitation; provide under certain conditions ..............................................................................HB 69 Polysomnography Practice Act; provide for the certification of polysomnographic technologists ............................................................................ SB 252 Student Health; provide for possession/self-administration of autoinjectable epinephrine by students.............................................................................. SB 8 PIERCE COUNTY Pierce County; board of elections and registration; create.....................................HB 386 PIERCE, JAND; recognized............................................................................ Page 2553 PIKE COUNTY Pike County; ad valorem tax; provide homestead exemption ................................HB 753 Pike County; Pike Clean and Beautiful Authority; change certain provisions................................................................................................................HB 562 Pike County; Recreation Authority; change name to Pike County Parks and Recreation Authority; provisions.....................................................................HB 561 PODIATRY PRACTICE Georgia Registered Professional Nurse Practice Act; performance of health maintenance act. by a designated caregiver shall not be prohibited............ SB 244 PORT WENTWORTH, CITY OF Port Wentworth, City of; council districts; provide ...............................................HB 709 Port Wentworth, City of; deannex property; provide .............................................HB 773 POSTSECONDARY EDUCATION Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Ga. ............. SB 238 Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements........................................................................................... SB 231 5600 INDEX Education; provide for graduation from high school in three years; grants for graduate postsecondary education .................................................................... SB 278 Education; provide for scholarships for the children killed/disabled as result of combat wounds......................................................................................... SB 220 Education; provide the option for parents to enroll their child in another school within the local school system or in private school; conditions ................... SB 90 Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization..........................................HB 700 Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide ......................................................................................HB 311 Georgia's Promise; certain students who apply to member institutions who graduate from certain high schools in top 10 percent automatically admit ....................................................................................................................... SB 221 HOPE; scholarships and grants; dependent children of military personnel; provide ....................................................................................................................HB 484 Lottery Shortfall Reserve Subaccounts; revise trigger reductions in HOPE; provisions ...................................................................................................HB 157 Move on When Ready Act; enact...........................................................................HB 149 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 PRETRIAL PROCEEDINGS Proceedings; provide defendant must be found mentally retarded by a preponderance of the evidence ............................................................................... SB 121 PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment........................................................... SB 162 PROBATE COURTS Courts; required annual training for magistrates/probate judges; suspend for one year ............................................................................................................. SB 199 Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Probate Courts; associate probate court judges; provisions ...................................HB 495 PROBATION Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions.................. SB 180 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 INDEX 5601 Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment........................................................... SB 162 Probated/Suspended Sentences; maximum period of revocation; change provisions................................................................................................................HB 329 Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time ............................................................................ SB 65 Probation Detention Centers; sentencing and confinement; change provisions................................................................................................................HB 226 Probation Management Act; probationers; provide comprehensive provisions.................................................................................................................. SB 24 Probation; sentencing court; additional charge; authorize .....................................HB 344 PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Licensing; requirements; exceptions; professional counseling, social work, or marriage and family therapy; provisions ...................................................HB 60 PROFESSIONS AND BUSINESSES Architecture; clarify types of construction projects; submitted for building permit by a Georgia registered interior designer........................................ SB 28 Architecture; projects within structures; clarify .....................................................HB 231 Contractors; eligibility for licensure; provide ........................................................HB 579 Cosmetic Laser Practitioners; licensing; change certain provisions; amend definitions; consulting physicians............................................................... SB 104 Deceased Individuals; regulation of certain areas; disposition of bodies; provisions..................................................................................................................HB 68 Dentistry Services; indigent patients; continuing education hours; provide waiver ..................................................................................................................... SB 262 Disabled Veterans and Blind Persons; eligibility certificate; provisions ...............HB 128 Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means................................... SB 169 Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current regulation ........... SB 148 Georgia Registered Professional Nurse Practice Act; nursing education program requirements; revise certain provisions...................................................... SB 49 Georgia Registered Professional Nurse Practice Act; performance of health maintenance act. by a designated caregiver shall not be prohibited............ SB 244 Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection............................................................................... SB 133 Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 Licensing; requirements; exceptions; professional counseling, social work, or marriage and family therapy; provisions ...................................................HB 60 Nurses; education programs for licensure; revise requirements; provisions..........HB 475 5602 INDEX Nurses; licensure; nursing education programs; revise requirements; definitions ................................................................................................................. SB 45 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Physicians; influenza vaccine orders; provisions ...................................................HB 217 Physicians; order not to resuscitate a candidate for nonresuscitation; provide under certain conditions ..............................................................................HB 69 Polysomnography Practice Act; provide for the certification of polysomnographic technologists ............................................................................ SB 252 Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment........................................................... SB 162 Professions and Businesses; regulation; change provisions...................................HB 509 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions ........................................................ SB 195 Real Estate Brokers; certain disclosures made in writing; require.........................HB 315 Student Health; provide for possession/self-administration of autoinjectable epinephrine by students.............................................................................. SB 8 Uniform Athlete Agents Act; regulation of athlete agents; terminate Georgia Athlete Agent Regulatory Commission; definitions ............................... SB 149 Uniform Electronic Transactions Act; enact ..........................................................HB 126 PROPERTY Ad Valorem Taxation; change factors to be considered in determining fair market value of real property ............................................................................. SB 55 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes........................................................... SB 240 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Georgia Condominium Act; failure of a declarant to carry out certain duties; provisions; transfer of control to the unit owners ....................................... SB 103 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents .............................................................................. SB 57 Georgia Fair Lending Act; prohibit abusive home loan practices; provide definitions ................................................................................................................. SB 54 Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization .............................................................................HB 93 Levy/Sale; change nonbankruptcy exemptions ...................................................... SB 249 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Property; determining when an instrument of conveyance shall be held to be an equitable mortgage ........................................................................................ SB 139 INDEX 5603 Property; foreclosures on mortgages; require recording of documents relating to sales under power; change provisions................................................... SB 141 Property; land covenants which prohibit certain xeriscape practices; prohibit....................................................................................................................HB 262 Property; time-share projects/programs; provide definitions; private residence clubs developments are not time-share estates....................................... SB 190 Property; writ of possession; provide tenant with a valid lease stay in a foreclosed property for 60 days; notice to the occupant of impending sale........... SB 140 Public Utilities/Transportation; inspection by law enforcement officers; provisions; special officers investigating certain thefts of public utilities ............... SB 53 Specialized Land Transactions; developers provide audits to home and condominium owners; require ................................................................................HB 528 State of Georgia Property; certain counties; nonexclusive easements; authorize .................................................................................................................HR 279 Time-Share Projects and Programs; private residence clubs; provide definitions ...............................................................................................................HB 492 Time-Share Projects; estate shall include certain interests; provisions..................HB 608 Uniform Electronic Transactions Act; enact ..........................................................HB 126 Uniform Real Property Electronic Recording Act; adopt; provisions....................HB 127 PROSECUTING ATTORNEYS Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services...................................... SB 109 PUBLIC ADMINISTRATION, OFFENSES AGAINST Code Officials; provide for protection and training; definitions; criminal penalties .................................................................................................................. SB 188 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Truth in Testimony Act; require an oath for purposes of presenting certain evidence to committee/subcommittee of General Assembly ......................... SB 7 PUBLIC ASSISTANCE Community Health Department; required to contract with a single administrator for dental services ............................................................................ SB 146 Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program .............. SB 165 Social Services; services/treatment for categorically needy/medically fragile children; revise provisions; add definition.................................................. SB 289 PUBLIC CONTRACTS Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 5604 INDEX Security/Immigration Compliance; public employers; clarify requirements ...............................................................................................................HB 2 PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Bingo Games; limits on amounts of prizes; remove ..............................................HB 674 Crimes; authorize churches to determine whether to permit persons licensed to carry firearms to carry on church premises/functions.......................... SB 281 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Domestic Relations/Social Services; sexual exploitation; expand the definition................................................................................................................... SB 69 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 Public Transportation; consumption of food/beverages in a rapid rail station/intermodal bus station ................................................................................... SB 89 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions.................................................. SB 172 PUBLIC OFFICERS AND EMPLOYEES Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting .................................................................................. SB 152 Budget Act; application of zero-based budgeting; provisions .................................HB 44 Coroners; clarify Georgia Bureau of Investigations has jurisdiction over post mortem examination whose death occurs on certain state property ................. SB 38 Coroners; death investigations; notification requirements; provide.........................HB 50 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions; ........................................ SB 173 Death Certificate Filings; cause and circumstances of death; coroners; provisions..................................................................................................................HB 64 Ethics; provide for a time limitation for signing an affidavit to validate an address of public official .......................................................................................... SB 37 Governor; exercises certain powers to reserve/withhold appropriated funds; Office of Planning/Budget shall prepare report; tax exemptions ................ SB 116 Governor; require tax expenditure reviews as part of budget report; provide for definition.............................................................................................. SB 206 Governor; term of office; compensation and allowances....................................... SR 637 Health Benefits; Georgia School Personnel Post-employment Health Benefit Fund; Georgia State Employees Post-employment; create ....................... SB 122 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 INDEX 5605 Insurance; require certain coverage for autism spectrum disorders; provide definitions .................................................................................................. SB 161 Local Government; homeowner tax relief grants; change certain provisions................................................................................................................HB 143 Motor Vehicles; driver's license requirements; provision; serious injury due to a right of way violation resulting in collision; revise penalties................... SB 196 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Public Office; Governor; engage in seeking/accepting campaign contributions; unlawful and violation of oath of office.......................................... SB 273 Public Officers; provide spouse of armed forces member; 90 days of personal leave with pay/add. 30 days without pay; define term............................. SB 216 Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services...................................... SB 109 State Purchasing; require certain percentage of all funds appropriated to state's various budget unit; projects/contracts involving small business.................. SB 21 Zero-Base Budgeting Act; provide for the application .............................................. SB 1 PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Concealed Weapon; kept in a holster; repeal requirement ......................................... SB 9 Crimes; authorize churches to determine whether to permit persons licensed to carry firearms to carry on church premises/functions.......................... SB 281 Electronic Tracking Device; location of person without consent; prohibit..............HB 16 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 Handgun Ammunition; prohibit manufacture, sale that does not contain unique code; create ammunition coding system data base ....................................... SB 12 PUBLIC PROPERTY State Government; police duties in Capitol Square; Department of Public Safety; reimburse ....................................................................................................HB 662 State Properties Commission; provide authority to enter into multiyear lease agreements ..................................................................................................... SB 254 PUBLIC RETIREMENT SYSTEMS STANDARDS Health Benefits; Georgia School Personnel Post-employment Health Benefit Fund; Georgia State Employees Post-employment; create ....................... SB 122 O.C.G.A; correct errors/omissions; Title 47............................................................. SB 48 Peace Officers' Annuity/Benefit Fund; county jail officers eligible for membership in such fund; creditable service; conditions....................................... SB 214 Public Retirement Systems Investment Authority Law; expand definition of the term large retirement system ........................................................................ SB 129 5606 INDEX Public Retirement Systems Investment Authority Law; initial and continuing identification of companies that do business with Sudan..................... SB 171 Public Retirement Systems Investment Authority Law; large retirement systems; change authority.......................................................................................HB 371 Public Retirement Systems Standards Law; any increase in the actuarial accrued unfunded liability which occurs as a result of the enactment ................... SB 176 Retirement; change the benefit formula for the Teachers Retirement System; change maximum number of years of service used in calculation ........... SB 288 Retirement; create Municipal Court Clerks' Retirement Fund of Georgia............. SB 275 Retirement; creditable service; Employee Retirement System of Georgia for military service for a certain period of time; conditions for effective date.......................................................................................................................... SB 113 Retirement; provide University System of Georgia employ a retired member as a full-time instructor at a nursing school ............................................. SB 259 PUBLIC SAFETY, DEPARTMENT OF O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Public Safety, Department of; Board of Public Safety; change certain provisions................................................................................................................HB 607 Public Safety, Department of; Motor Carrier Compliance Division; weight inspection; provide position........................................................................HB 343 State Government; police duties in Capitol Square; Department of Public Safety; reimburse ....................................................................................................HB 662 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Retirement/Pensions; postretirement benefit adjustment; provide statement of legislative intent .................................................................................HB 452 Retirement; provide any full-time public school employee may elect to become member of Teachers Retirement System .................................................. SB 260 PUBLIC SERVICE COMMISSION Georgia Nuclear Energy Financing Act; procedure for changing any rate, charge; recover cost of financing; nuclear generating plant..................................... SB 31 Public Service Commission; members shall represent entire state; provisions................................................................................................................HB 568 Public Utilities; recover costs of nuclear generating plants construction; provide information to customers regarding charges relating to recovery............. SB 272 PUBLIC UTILITIES AND TRANSPORTATION Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 INDEX 5607 Georgia Nuclear Energy Financing Act; procedure for changing any rate, charge; recover cost of financing; nuclear generating plant..................................... SB 31 Georgia Rail Passenger Authority; allow for indemnification of private parties; revise composition of the membership ........................................................ SB 51 Motor Vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate .............................................................HB 57 Public Service Commission; members shall represent entire state; provisions................................................................................................................HB 568 Public Utilities/Transportation; inspection by law enforcement officers; provisions; special officers investigating certain thefts of public utilities ............... SB 53 Public Utilities; provide for portfolio standard goals for renewable/recoverable energy and energy efficiency ............................................ SB 147 Public Utilities; recover costs of nuclear generating plants construction; provide information to customers regarding charges relating to recovery............. SB 272 Public Utility/Transportation; state government endorsed rideshare programs; provisions ..............................................................................................HB 440 Telecommunications; charge for third party service; change requirements...........HB 302 Telecommunications; modernize competition; provisions.....................................HB 168 Transportation Trust Fund; create ..........................................................................HR 206 PULASKI Pulaski, Town of; number of councilmembers; reduce..........................................HB 752 PUTNAM COUNTY Eatonton-Putnam Water and Sewer Authority; composition of authority; change certain provisions .......................................................................................HB 666 Q QUALITY BASIC EDUCATION Education; student scholarship organizations; provisions......................................HB 100 Move on When Ready Act; enact...........................................................................HB 149 R RABUN COUNTY Clayton-Rabun County; Water and Sewer Authority; membership; provisions................................................................................................................HB 670 5608 INDEX RAILROADS; TRANSPORTATION OF FREIGHT AND PASSENGERS Georgia Rail Passenger Authority; allow for indemnification of private parties; revise composition of the membership ........................................................ SB 51 RANDOLPH COUNTY Randolph County; Board of Education; organization and officers; provisions................................................................................................................HB 563 REAL ESTATE; BROKERS AND SALESPERSONS Real Estate Brokers; certain disclosures made in writing; require.........................HB 315 REDEVELOPMENT POWERS LAW; COUNTIES AND MUNICIPALITIES Redevelopment Powers Law; enact..........................................................................HB 63 Redevelopment Powers; computation of tax allocation increments of districts; ad valorem property taxes........................................................................ SB 186 REGENTS RETIREMENT PLAN Retirement; election to participate in Regents Retirement in lieu of Teachers Retirement shall be revocable at will ...................................................... SB 257 RESERVED Local Government; procedures to adopt property development moratoriums; provide definitions; applicability ..................................................... SB 236 RESOLUTIONS; PRIVILEGED EXPRESSING SENTIMENTS OF SENATE 2009 Georgia Cotton Queens; recognize................................................................ SR 449 2nd Bravo 121st Battalion of the 48th Brigade of the Georgia Army National Guard; recognize...................................................................................... SR 700 4-H Clubs of Georgia; recognize............................................................................ SR 147 A Legendary Event; congratulate ........................................................................... SR 545 A.R. Johnson School Participants; recognize......................................................... SR 726 Aaron, Mr. Tommy; recognize ............................................................................... SR 597 Aaron, Stephen; recognize...................................................................................... SR 582 Academy of Richmond County Participants; recognize ........................................ SR 729 ACORN; urging the Federal Internal Revenue Service to remove taxexempt organization status ......................................................................................... SR 7 Acree, Marisa K.; commend................................................................................... SR 358 Adams, Mrs. Emily; recognize ................................................................................. SR 73 Addis, Jr., Mr. Paul Thomas "Tommy"; recognize ................................................ SR 439 INDEX 5609 Aderhold, Michael; commend ................................................................................ SR 498 African American Business Enterprise Day; recognize February 12..................... SR 292 Akinosho, Abigail Oludoyin; Wright, Cheri; commend ........................................ SR 461 Albion Scaccia Enterprises, LLC; congratulate ..................................................... SR 559 Aldridge, Mr. George Francis; honoring .................................................................. SR 58 Alexander, Rev. Dr. Cameron Madison; commend ................................................. SR 94 Allen, Dr. Bruce Stuart; appointment..................................................................... SR 115 Allen, Dr. Bruce Stuart; honoring .......................................................................... SR 114 Allen, Mr. Ernest; recognize..................................................................................... SR 47 Alpha Kappa Alpha Day; recognize February 16 .................................................. SR 305 Alzheimer's Awareness Day; recognize March 9................................................... SR 256 American Red Cross Month; recognize March ...................................................... SR 601 Amerson, Mrs. Anne Dismukes; recognize............................................................ SR 276 Anderson, Honorable Wendell T.; condolences..................................................... SR 778 Angle, Dean Scott; recognize ................................................................................. SR 123 Antioch Baptist Church; recognize......................................................................... SR 489 Antoine, Alissa Q.; recognize................................................................................. SR 786 Appalachian Center for Higher Education at North Georgia College and State University in Dahlonega; recognize .............................................................. SR 613 Arcade, City of, Georgia; recognize....................................................................... SR 674 Ariemma, Catherine; commend.............................................................................. SR 519 Arjona, Mr. Michael; recognize ............................................................................... SR 72 Arylessence, Inc.; congratulate............................................................................... SR 538 Ash, Mrs. Ruth F.; recognize.................................................................................. SR 624 Asher, Breianna; commend .................................................................................... SR 135 Atlanta Motor Speedway Day; recognize March 5 ................................................ SR 290 Atlanta Motor Speedway Day; recognize March 5 ................................................ SR 445 Augusta Day at State Capitol; observing February 10 ........................................... SR 160 Augusta Preparatory Day School Participants; recognize...................................... SR 727 Aust, Dr. Catherine; recognize ............................................................................... SR 680 Austin, Judy; commend .......................................................................................... SR 492 Autry, Annaliese; commend ................................................................................... SR 360 AVID Day; recognize March 25 ............................................................................ SR 620 Baker, Mrs. Maggie Houston; honoring................................................................. SR 442 Baker, Ms. Dolly Kay; recognize ........................................................................... SR 237 Balfour, Honorable Don; commend ....................................................................... SR 712 Batchelor, Laureen; commend................................................................................ SR 495 Battle, Pastor Donald; honoring ............................................................................... SR 21 Baylor, Mr. Arthur D.; recognize ............................................................................. SR 38 Becker, Robert; commend ...................................................................................... SR 500 Bell, Griffin Boyette; condolences ........................................................................... SR 25 Bell, James A.; recognize ....................................................................................... SR 764 Bell, Robert H. "Bob"; honoring ............................................................................ SR 118 5610 INDEX Bell, T.J.; recognize ................................................................................................ SR 720 Bennett, Miss Amanda; recognize.......................................................................... SR 168 Bennett, Mrs. Josephine Braddock; recognize ....................................................... SR 279 Bernhardt, Cadet Kevin H.; recognize...................................................................... SR 17 Biasiotto, Dr. Judd; recognize ................................................................................ SR 691 Bickerton, Ms. Laura "Molly"; recognize .............................................................. SR 341 Bishop, Andrew Paul; commend ............................................................................ SR 420 Bishop, Mr. Charles W.; recognize .......................................................................... SR 67 Black Contractors Day; declare February 5, 2009 ................................................. SR 113 Black, Mr. Scott; recognize .................................................................................... SR 202 Blackmon Road Middle School Math Team; commend ........................................ SR 743 Blue Sky Exhibits, LLC; congratulate.................................................................... SR 547 BlueWave Computing, LLC; congratulate............................................................. SR 549 Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers............................................................................................ SR 464 Bohn, Paul Winton; recognize................................................................................ SR 319 Bolen, Ms. Linda; recognize................................................................................... SR 246 Bouis, Elizabeth; recognize ...................................................................................... SR 75 Bowling, Nancy and Clint; recognize..................................................................... SR 346 Braddy, Brenetta; recognize ................................................................................... SR 267 Bradford, Ms. Vicki; recognize .............................................................................. SR 205 Bradley, Dr. Jesse; commend ................................................................................. SR 678 Bradley, Sr., Dr. John "Doc"; honoring.................................................................. SR 762 Brandon, Mr. Ben; recognize ................................................................................. SR 740 Bremen High School Wrestling Team; congratulate.............................................. SR 721 Brentzel III, Curtis "Blaine"; recognize.................................................................... SR 45 Brookwood High School Broncos Swim and Dive Team; commend.................... SR 584 Broome, Candice Charles; commend ..................................................................... SR 388 Brown, Charlie Matthew; recognize....................................................................... SR 321 Brown, Madeline Francis; celebrate birth .............................................................. SR 792 Bryant, Mr. Fernando; recognize............................................................................ SR 443 Bryant, Ms. Martha; recognize ............................................................................... SR 309 Bufkin, Jacqueline S.; commend ............................................................................ SR 359 Buford Lanier Woman's Club; commend................................................................. SR 65 Bulloch, Joni Elizabeth; Haid, John Christopher; congratulate ............................. SR 482 Bullock, Russell A.; commend ............................................................................... SR 381 Bunpermkoon, Erika Langley; commend............................................................... SR 416 Burch, Ms. Rhonda; recognize ............................................................................... SR 247 Burke, Kelly; commend.......................................................................................... SR 352 Burke, Mrs. Alana; recognize................................................................................. SR 340 Burke, Mrs. Alana; recognize................................................................................. SR 587 Burrell, Jr., Dr. Zeb L.; recognize .......................................................................... SR 307 INDEX 5611 Butler High School Participants; 2008-2009 Youth Leadership Richmond County Program; recognize .................................................................................... SR 644 Butler Jr., Mr. Walter Curtis; condolences............................................................. SR 161 Butler, Ms. Laura; recognize .................................................................................. SR 242 Cairo High School Syrupmaker Football Team; congratulate ............................... SR 298 Camden County High School Football Team; congratulate................................... SR 478 Camp, Justin; recognize.......................................................................................... SR 467 Cano, David; recognize .......................................................................................... SR 604 Canterbury, Jr., Hugh F.; commend ....................................................................... SR 499 Capitol Arts Standards Commission; urged to authorize the placement of Admiral John Henry Towers portrait in the state capitol ....................................... SR 178 Capitol Tech Day; recognize January 28, 2009........................................................ SR 91 Carnes, Mrs. Sarah Robertson; recognize .............................................................. SR 663 Carter, Annie; honor ................................................................................................. SR 39 Carter, Mr. Ronald E.; condolences ....................................................................... SR 395 Carter, Mrs. Annie; honoring ................................................................................. SR 121 Carter, Mrs. Katherine Turner; recognize .............................................................. SR 585 Cassady, Rebecca; commend ................................................................................. SR 311 Cassady, Rebecca; commend ................................................................................. SR 525 Castello, Mr. Pete; recognize.................................................................................. SR 689 Castille Family; recognize ...................................................................................... SR 396 Catholic Day; recognize March 12......................................................................... SR 565 Certification of Building Inspectors and Code Enforcement Official; Senate Study Committee ........................................................................................ SR 705 Chandler, Mr. Terry; recognize .............................................................................. SR 673 Charles H. Evans Community Center; recognize................................................... SR 730 Chavez, Ms. Jamie; recognize ................................................................................ SR 223 Cherokee County; 2007 Child Fatality Review Panel of the Year; recognize................................................................................................................. SR 288 Childree, Mrs. Mary Ellen; condolences ................................................................ SR 648 Chillis, Eboni C.; recognize.................................................................................... SR 782 China Day; recognize March 17; People's Republic of China; express cultural, economic, and educational cooperation ................................................... SR 459 Chinese Peoples Association for Friendship with Foreign Countries; recognize................................................................................................................. SR 594 CIO Partners of Atlanta; congratulate .................................................................... SR 550 Clark, Mr. Bill; recognize....................................................................................... SR 732 Clark, Mr. Neil; commend........................................................................................ SR 74 Class of Youth Leadership Baldwin 2009; commend ............................................ SR 101 Clayton County Fire and Emergency Services; recognize ..................................... SR 125 Clayton, Ms. Xernona; recognize ........................................................................... SR 166 Cline, Ms. Marguerite; recognize ........................................................................... SR 112 5612 INDEX Cochran, Ms. Karen; recognize .............................................................................. SR 229 Coffee, Jr., Mr. Woodrow Wilson "Woody"; condolences ...................................... SR 92 Coffin, Sam; commend........................................................................................... SR 474 Collins, Kyle; commend ......................................................................................... SR 385 Columbia County Chamber of Commerce; recognize ........................................... SR 614 Columbus Day; recognize March 10 ...................................................................... SR 469 Community Assistance in Fire Emergencies Team in Statesboro, Georgia; recognize.................................................................................................. SR 591 Community Health Centers Day; recognize February 10, 2009 ............................ SR 170 Community Health; urged to work in conjunction with state-wide medical organizations; pediatric physicians; proper care for pre-term infants ..................................................................................................................... SR 300 Congress; request legislative action to change the current definition of renewable biomass; forest lands ............................................................................. SR 589 Congress; urged not to include a project labor agreement requirement in any economic stimulus legislation affecting State of Georgia ............................... SR 273 Congress; urged to facilitate the building of reservoirs upstream from Lake Sidney Lanier................................................................................................. SR 107 Cook, Ms. Keisha; recognize.................................................................................. SR 231 Corporate Impressions, Inc.; congratulate.............................................................. SR 557 Costa, Vincent Paul; recognize............................................................................... SR 320 Cotney, Grayson Coley; recognize......................................................................... SR 662 Cotton, Mrs. Lottie; recognize................................................................................ SR 437 Coweta Up In A Smoke Barbecue Cook-off; recognize ........................................ SR 699 Crawford, Robyn B.; commend.............................................................................. SR 384 Credit Unions in the U.S. of America; recognize................................................... SR 485 Cribbs, James; commend ........................................................................................ SR 414 Cross Creek High School Participants; recognize.................................................. SR 728 Crowers, John; commend ....................................................................................... SR 322 Culbreth, John Daniel; recognize ........................................................................... SR 425 Cuspard-Hightower, Donica L.; recognize............................................................. SR 765 Daniel, Adam Bycel; recognize.............................................................................. SR 659 Daniels, Mr. Al; recognize ..................................................................................... SR 725 Darden, John; commend ......................................................................................... SR 387 Davis, Chelsea; Cox, Andrew; commend............................................................... SR 462 Davis, Mr. W. Barry; commend ............................................................................. SR 708 Davis, Rev. Dr. Sam; recognize ............................................................................. SR 596 Dawson, Mr. Mike; recognize ................................................................................ SR 739 Day of Remembrance; recognize February 7, 2009 ............................................... SR 169 Dekle, Ryan Paul; recognize .................................................................................. SR 661 DeLong, Dr. Donald Eugene; recognize .................................................................. SR 64 Demorest Woman's Club; recognize ...................................................................... SR 480 Denmark, Dr. Lelia Daughtry; recognize ............................................................... SR 165 INDEX 5613 Disability Awareness Day; declare January 27 ........................................................ SR 48 Dixie Speedway Day; recognize May 23 ............................................................... SR 688 Doemel, Carol; commend....................................................................................... SR 316 Doran, Ms. Marci; recognize .................................................................................. SR 190 Douglas-Coffee County Economic Development Authority; recognize................ SR 183 Doyle, Mr. Michael; recognize............................................................................... SR 610 Drever, Jeff; recognize............................................................................................ SR 718 Druid Hills High School Fall Fest Project Participants; congratulate.................... SR 634 Dublin High School Boys Basketball Team; congratulate..................................... SR 694 Duchenne Muscular Dystrophy Day; recognize March 5 ...................................... SR 514 Dukes, Mrs. Verona Mosley; honoring .................................................................. SR 454 DuVall, Ms. Jennifer; recognize............................................................................. SR 218 Dwyer, Mr. Jonathan; commend .............................................................................. SR 33 Ealy, Ms. Ververlyn; recognize.............................................................................. SR 248 Ebenezer Baptist Church in Atlanta; recognize...................................................... SR 504 Economic Development Day; declare January 28.................................................... SR 88 Educational Agencies; accreditation process; adopt policies/procedures for school systems to submit necessary documentation ......................................... SR 649 Educational Agencies; urged to adopt policies/procedures that permit fair opportunity for school systems to submit necessary documentations.................... SR 406 Edwards, Gabrielle A.; commend........................................................................... SR 386 Edwards, Miles; commend ..................................................................................... SR 314 Edwards, Miles; commend ..................................................................................... SR 526 Effingham County High School Wrestling Team; recognize................................. SR 590 Elam, Ashley; commend......................................................................................... SR 378 Ellenberg, Wells; recognize.................................................................................... SR 280 Eller, Zachary; recognize........................................................................................ SR 430 Ellis, Mr. Burrell; congratulate............................................................................... SR 677 El-Sayed, Dr. Mostafa; commend ............................................................................ SR 53 El-Sayed, Dr. Mostafa; recognize............................................................................. SR 28 Emberson, Mr. Jim; recognize................................................................................ SR 733 Emergency Medical Services (EMS) Week; recognize ......................................... SR 171 Emergency Medical Services Recognition Day; recognize February 19, 2009 ........................................................................................................................ SR 172 Emory University Eagles; congratulate.................................................................. SR 421 "Employee Free Choice Act"; urge U.S. Congress to oppose any efforts to adopt ..................................................................................................................... SR 49 English, Charles D.; recognize ............................................................................... SR 701 Environmental Protection Division; natural to dissolved oxygen in Savannah Harbor; aquatic species; request to lead efforts ..................................... SR 619 Epting, Ms. Marie; recognize ................................................................................. SR 212 Eriquezzo, Alex; recognize..................................................................................... SR 717 Ernstes, Ryan; recognize ........................................................................................ SR 337 5614 INDEX Estrada, Juan P.; commend..................................................................................... SR 412 Evanick, Mr. Michael; recognize ........................................................................... SR 723 Evans, Mrs. Gena L.; recognize ............................................................................. SR 704 Everhart, Mrs. Sue; recognize .................................................................................. SR 36 Everybody Wins! Atlanta; recognize ..................................................................... SR 564 Exceptional Embroidery and Gifts; congratulate ................................................... SR 554 Ezekiel IPM; congratulate ...................................................................................... SR 555 F-22 Raptor; request U.S. President and administration to continue the uninterrupted production ........................................................................................ SR 255 Family Literacy Night at Edgewood Elementary School; recognize ..................... SR 472 Farve, Mrs. Beatrice; condolences ......................................................................... SR 429 Faust, Christina Lynn; commend............................................................................ SR 377 Federal Republic of Germany; express cultural, economic, and educational cooperation .......................................................................................... SR 457 Feinberg, Mr. Ian; recognize .................................................................................. SR 593 Fessenden, Michael David; recognize .................................................................... SR 148 Flakes, Jr., Rev. Dr. J. H.; recognize ...................................................................... SR 714 Fleury, Ronald and Ann; recognize........................................................................ SR 571 Flowery Branch High School Wrestling Team; recognize..................................... SR 676 Fluellen, Ms. Yulanda; recognize........................................................................... SR 221 Food Service Industry Day; declare February 3, 2009........................................... SR 111 Foot Solutions, Inc.; recognize ............................................................................... SR 562 Forestry Day at the Capitol; recognize February 5, 2009 ...................................... SR 150 Foster, Ms. Nichole; recognize............................................................................... SR 249 Foster, Tyler; recognize ............................................................................................ SR 41 Fountain, Sara A.; honoring ................................................................................... SR 301 Fox, Ms Dee Anne; recognize ............................................................................... SR 204 Franklin, Honorable Shirley; recognize.................................................................. SR 575 Franklin, Mr. John Hope; condolences................................................................... SR 758 Freedom of Choice Act; opposing.......................................................................... SR 156 Frey, Zach; recognize ............................................................................................. SR 600 Fulcher, Mrs. Jane Fraser; recognize...................................................................... SR 428 Fulfillment Strategies International; congratulate .................................................. SR 556 Fuller, Mr. Mike and Mrs. Leila; recognize ........................................................... SR 245 Fuller, Mr. Millard; condolences............................................................................ SR 155 Fulton County Taxpayers Foundation; recognize .................................................. SR 446 Future Farmers of America Day; recognize February 17....................................... SR 299 Gaines IV, Marx Reid; recognize ........................................................................... SR 483 Gaines, Marx Reid; recognize ................................................................................ SR 424 Gainesville-Hall County Day; recognize................................................................ SR 188 Gaither, Rev. Dr. Sherry; recognize ....................................................................... SR 669 Garrett, Mr. Lawrence "Larry" H.; condolences .................................................... SR 668 Ge Zhang; recognize............................................................................................... SR 404 INDEX 5615 Geeslin, Mrs. Betty; recognize ............................................................................... SR 132 General Federation of Women's Clubs Day; recognize April 24 ........................... SR 488 George, Tom; recognize ......................................................................................... SR 682 Georgia 2012 Committee for the Republican National Convention; recognize................................................................................................................. SR 695 Georgia Association of Educators (GAE) Legislative Conference Day; recognize March 2 .................................................................................................. SR 394 Georgia Civil War Heritage Trails; designate ........................................................ SR 431 Georgia Dental Association; recognize .................................................................... SR 62 Georgia Families for Virtual Academy Day; recognize March 17 ........................ SR 581 Georgia Farm Bureau Federation; recognize.......................................................... SR 180 Georgia Institute of Technology; commend........................................................... SR 486 Georgia Lottery Corporation; board of directors; request methods to increase funds available for Georgia HOPE scholarship program......................... SR 422 Georgia Military Order of the Purple Heart, Ladies Auxiliary of the Georgia Military Order of the Purple Heart; recognize.......................................... SR 536 Georgia Motorcoach Operators Association Day; declare February 3, 2009 ........................................................................................................................ SR 124 Georgia Outdoor Water Use Registration Program; recognize.............................. SR 154 Georgia Peach Festival and 2009 Georgia Peach Queens; commend.................... SR 144 Georgia Recreation and Park Association, Inc.; commend.................................... SR 357 Georgia Rides to the Capitol Day; declare March 3............................................... SR 271 Georgia Salzburger Society; commend .................................................................. SR 573 Georgia Senate; urged to acknowledge a paramount right to life and need for protection of innocent human life at every stage of life ................................... SR 328 Georgia State Parks and Historic Sites Day; recognize March 12 ......................... SR 484 Georgia Statewide Coalition on Blindness; commend........................................... SR 487 Georgia Tech Band; recognize ................................................................................. SR 54 Georgia Tech Research Institute; celebrate .............................................................. SR 51 Georgia Young Farmers Association; recognize.................................................... SR 282 Georgia; Forest Park, City of; celebrate 100th anniversary ..................................... SR 22 Georgia; recognize difficult economic times facing nation/pledging recovery efforts....................................................................................................... SR 702 Georgia's Internet Crimes Against Children Task Force; recognize...................... SR 310 Georgia's Legacy; Older Women! (GLOW); commend ........................................ SR 470 Georgia's Sustainable and Environmentally Friendly Businesses; recognize ............................................................................................. SR 254 Georgia's Visitor Information Centers Program; recognize ................................... SR 742 Gillespie, Dr. Charles B.; recognize ....................................................................... SR 308 Girls and Women in Sports Day; recognize February 4, 2009............................... SR 145 Glenn Hills High School Participants; 2008-2009 Youth Leadership Richmond County Program; recognize .................................................................. SR 646 Global Technology Connection, Inc.; congratulate................................................ SR 546 5616 INDEX Glover, Mr. Wallace; condolences ......................................................................... SR 129 Goldie, Alexander Robert; recognize ..................................................................... SR 511 Goss, Christopher D.; commend............................................................................. SR 368 Governor's Academies; urge Governor to appoint a working group to study the establishment........................................................................................... SR 152 Gracy, Mr. Ron; recognize ..................................................................................... SR 731 Graham, Angela Charlene; commend .................................................................... SR 363 Grant, Jr., Mr. Michael; recognize.......................................................................... SR 397 Greater Antioch Missionary Baptist Church; recognize ........................................ SR 578 Greater Columbia County Republican Women; recognize .................................... SR 631 Greene, Mrs. Angela; recognize ............................................................................. SR 350 Grigg, Ms. Susan; recognize..................................................................................... SR 68 Grube, Dr. Bruce; recognize..................................................................................... SR 87 Guido, Dr. Michael; condolences ........................................................................... SR 403 Gulfstream Aerospace Corporation; commend ...................................................... SR 409 Gunnels, Ms. Monique; recognize.......................................................................... SR 217 Gwinnett Chapter of the American Association of Retired Persons; recognize................................................................................................................. SR 568 Gwinnett County Day; recognize February 25....................................................... SR 356 Gwinnett County Public School System; recognize............................................... SR 779 Hall, Dr. Beverly L.; recognize .............................................................................. SR 586 Hambone Jam as official Georgia State BBQ Championship Competition; recognize........................................................................................... SR 436 Harbison, Ed Mr.; recognize................................................................................... SR 343 Hardman, Miss Chasity; commend ........................................................................ SR 120 Hardy, Ms. Treska; recognize................................................................................. SR 192 Harp, Samika T.; commend .................................................................................... SR 366 Harper, Ms. Penny; recognize ................................................................................ SR 208 Harris, Mr. James; recognize.................................................................................. SR 289 Harris, Mr. Kevin; recognize.................................................................................. SR 572 Harris, Tamika N.; recognize ................................................................................. SR 783 Harris-Cain, Lucille; honoring ................................................................................. SR 23 Harrison High School Boys Golf Team; commend ............................................... SR 275 Harrison High School; recognize ............................................................................. SR 77 Haslerig, Willie A.; commend ................................................................................ SR 741 Hassan, Ms. Taliah; recognize................................................................................ SR 191 Hathorn, Kalinda; recognize................................................................................... SR 666 Haynes, Arron; commend....................................................................................... SR 501 Hays, Mr. Lamar B.; condolences .......................................................................... SR 598 Head, Jr., Mr. Raymond; recognize........................................................................ SR 186 Heiges, Karen; recognize.......................................................................................... SR 79 Hendrick-Fowler, Ms. Sureya; recognize............................................................... SR 219 Hennessey, Ms. Amy; recognize ............................................................................ SR 748 INDEX 5617 Henry County Day; recognize February 25............................................................ SR 286 Hephzibah High School Participants; 2008-2009 Youth Leadership Richmond County Program; recognize .................................................................. SR 647 Hephzibah High School Participants; recognize .................................................... SR 630 Herndon, Mr. William; recognize........................................................................... SR 707 Herring, Ms. Jennifer; recognize .............................................................................. SR 40 Hill, Cathy Plummer; recognize ............................................................................... SR 27 Hill, Michael; commend ......................................................................................... SR 496 Hillgrove High School; recognize ............................................................................ SR 80 Hines, Ms. Margaret; recognize ............................................................................. SR 251 Hirsch, Ms. Maria; recognize ................................................................................. SR 222 HLB Gross Collins, P.C.; congratulate................................................................... SR 543 Hoffman, Ms. Tracey; recognize............................................................................ SR 194 Holcomb, Noel Z.; recognize ................................................................................. SR 332 Hood, Mr. Roderick; recognize .............................................................................. SR 306 Hope House and Jerry Carrier Benefit Concert; recognize .................................... SR 609 Hornik, Sarah; commend ........................................................................................ SR 134 Housley, Ryan; HeroBox.org; recognize................................................................ SR 655 Huddleston, Mr. Charles T.; Georgia Metros Girls Basketball Club; recognize................................................................................................................. SR 643 Huie, Lucy C.; recognize ........................................................................................ SR 679 Hutchins, Mr. Lawrence; recognize ....................................................................... SR 574 Hutchinson, Jr., Mr. James "Jimmy"; condolences ................................................ SR 746 Ingram, Mr. Richard; recognize ............................................................................... SR 89 Ingram, Ms. Kacy; recognize ................................................................................. SR 193 Israel, State of; expressing cultural, economic, and educational cooperation ............................................................................................................. SR 532 Israel; expressing solidarity in its defense against terrorism in the Gaza Strip........................................................................................................................... SR 15 Jackson, James Bryce; recognize............................................................................ SR 266 Jackson, Ms. Willetta; recognize............................................................................ SR 206 Jacobson, Ms. Angie recognize .............................................................................. SR 239 Jakes, Sr., Rev.; condolences.................................................................................. SR 122 James H. Chandler, Jr. Memorial Intersection; dedicate........................................ SR 176 Jan-Pro Cleaning Systems; congratulate ................................................................ SR 542 Jeffersonian Principles; affirming state's rights...................................................... SR 632 Jeffersonian Principles; affirming states' rights...................................................... SR 327 Johnson, Dr. Harold C.; condolences ..................................................................... SR 401 Johnson, Drew Austin; commend........................................................................... SR 364 Johnson, Honorable Joe "Slade"; recognize ........................................................... SR 131 Johnson, Ms. Shanna; recognize............................................................................. SR 220 Johnson, Paul; commend .......................................................................................... SR 32 Johnson, Sheriff Randall; honoring ........................................................................ SR 185 5618 INDEX Joint Telecommunications Comprehensive Reform Study Committee; create....................................................................................................................... SR 402 Jones, Anthony K.; commend................................................................................. SR 391 Jones, Jr., Mr. Stanley S.; recognize....................................................................... SR 625 Jones, Jr.; Mr. Warren; recognize........................................................................... SR 777 Jones, Kristie; commend......................................................................................... SR 133 Jones, Ms. Sandy; recognize................................................................................... SR 230 Jones, Ms. Stephanie; recognize............................................................................. SR 207 Jones, Tyler Ondrea; commend .............................................................................. SR 502 Jordan, Ms. Jennifer; recognize .............................................................................. SR 211 Junior Beta Club of Bagley Middle School Members; commend.......................... SR 400 Kahler, Mr. T.C. "Tom"; recognize........................................................................ SR 611 Kaigler-Neely, April J.; recognize.......................................................................... SR 787 Kaye, Valerie; commend ........................................................................................ SR 493 Keenan, Vernon; Georgia Bureau of Investigation Director; recognize ................ SR 261 Keep Georgia Beautiful Program; commemorate .................................................. SR 297 Kells, Kevin; commend .......................................................................................... SR 411 Kennesaw Mountain High School Art Students; recognize ..................................... SR 70 Kershaw, Mr. William; recognize .......................................................................... SR 200 Kilgore, Mrs. Ruth and Dr. James; recognize ........................................................ SR 106 King, Douglas Carlisle; recognize.......................................................................... SR 512 King, Dr. Samuel T.; recognize .............................................................................. SR 638 King, Mrs. Naomi Ruth; recognize ........................................................................ SR 709 King, Ms. Andrea; recognize.................................................................................... SR 60 King, Tyrone C.; recognize .................................................................................... SR 785 Kirkland, Mr. David; recognize.............................................................................. SR 203 Kirksey, Ms. Markeysha; recognize ....................................................................... SR 228 Klesko, Mr. Ryan; recognize .................................................................................. SR 167 Kocsis, Zuzana; commend...................................................................................... SR 323 Kolich, Delaney; commend .................................................................................... SR 451 Kubit, Devin Philip; recognize ............................................................................... SR 393 Kurish, Andrew Stefan; recognize............................................................................ SR 14 Lakeview Ft. Oglethorpe High School Academic Decathlon Team; commend................................................................................................................. SR 479 Lamar Mobley Memorial Barn; designate.............................................................. SR 333 Lancaster, Sheriff Jerry L.; recognize .................................................................... SR 146 Landings Military Family Relief Fund; recognize ................................................. SR 576 Lane III, Mr. Mills Bee; recognize ......................................................................... SR 435 Lassiter, Mr. Keith; commend ................................................................................ SR 735 Lau, Tommy; commend.......................................................................................... SR 683 Law Day; recognize May 1 .................................................................................... SR 515 Law, Mrs. Carolyn; recognize .................................................................................. SR 46 Lazzarini, Dr. Joseph A.; congratulate ................................................................... SR 103 INDEX 5619 Leadership Atlanta Class of 2009; commend......................................................... SR 303 Leadership Baldwin 2009; recognize ..................................................................... SR 259 Leadership Clayton Class of 2008-2009; commend .............................................. SR 182 LeClercq, Daniel Edward; recognize...................................................................... SR 657 Lee, Catherine; recognize ....................................................................................... SR 284 Lee, Ms. Marie; recognize ...................................................................................... SR 196 Lee, Pastor Kerwin B.; recognize............................................................................. SR 59 Lemonds, Staff Sergeant Gary L.; condolences ..................................................... SR 100 Leoncavallo, Excellency Claudio; recognize ......................................................... SR 706 Levetan, Mr. Steven; recognize.............................................................................. SR 639 Levine, Dr. David L.; recognize ............................................................................. SR 355 Li, Mr. Bill; Carbon Motors Corporation, Carbon E-7; recognize......................... SR 283 Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall ................................................................................... SR 274 Lightner, Christina Blythe; commend .................................................................... SR 361 Ligon, Jr.; Honorable William T.; recognize.......................................................... SR 612 Lilli Grace Memorial Foundation; recognize ......................................................... SR 330 Links Day; recognize March 4 ............................................................................... SR 423 Litman, Ella L.; recognize ...................................................................................... SR 766 Little, Casey; commend .......................................................................................... SR 312 Llanes, Juan A.; commend...................................................................................... SR 383 Lloyd, Mr. Carlton; recognize ................................................................................ SR 349 Local School Systems/Postsecondary Institutions; value of partnership; recognize................................................................................................................. SR 465 Lomsadze, Liya; commend..................................................................................... SR 528 Long, Bishop Eddie L.; recognize .......................................................................... SR 491 Lovelace, Ms. Joyce; recognize.............................................................................. SR 517 Lui, Stephen; commend .......................................................................................... SR 531 Lumpkin, Sr.; Mr. Norman F.; honoring ................................................................ SR 102 Lundin, Lauren Elizabeth; commend ..................................................................... SR 370 Lupus Awareness Day; declare February 18.......................................................... SR 262 Lyle, Mrs. Mary; recognize .................................................................................... SR 105 Mack, Ms. Tonya; recognize .................................................................................. SR 244 Mackley, Derek; recognize..................................................................................... SR 658 Macon Day in Atlanta; observing February 26, 2009 ............................................ SR 127 Macon-Bibb County Branch of the NAACP; recognize ........................................ SR 128 Madison County High School Red Raider Softball Team; commend ..................... SR 13 Madison, City of; celebrate....................................................................................... SR 97 Maiocco, Christian David; recognize ..................................................................... SR 326 Majeed, Mr. Ayad; recognize ................................................................................... SR 95 Malbrue, Ms. Brandeis J.; commend...................................................................... SR 757 Malone, Mr. Jeff; recognize.................................................................................... SR 471 Mann, Miss Lindsey Marie; recognize ................................................................... SR 617 5620 INDEX Martin, Edward; commend ..................................................................................... SR 684 Martin, Ms. Lanora; recognize ............................................................................... SR 210 Martino, Dennis C.; recognize................................................................................ SR 681 Maultsby, Robyn K.; recognize.............................................................................. SR 768 Maxwell, William N.; commend ............................................................................ SR 374 McBrayer, Mr. Keith; recognize............................................................................. SR 407 McConnell, Major Shannon Michael; recognize.................................................... SR 285 McCoy, Ms. Denise; recognize .............................................................................. SR 232 McDonald, Ms. Merrimoore; recognize ................................................................. SR 250 McDonald, Ryan M.; commend ............................................................................. SR 372 McDowell, Amanda; recognize ................................................................................ SR 52 McGee, Miranda; recognize ................................................................................... SR 268 McGlamery, Mr. Johnny James; condolences........................................................ SR 592 McHenry, Mrs. Regina Chester; condolences ........................................................ SR 534 McKnight, Mr. Paul R.; condolences ..................................................................... SR 747 McMullen, Collier Lauren; celebrate birth............................................................. SR 791 Mental Health Continuum Care; create Senate Study Committee ......................... SR 506 Mercer, Mr. John Herndon; celebrating the memory of music icon ........................ SR 66 MetroAtlanta Ambulance Service; congratulate .................................................... SR 540 Military Order of the Purple Heart's Georgia Chapter 492; recognize................... SR 269 Milledgeville Mayor's 2009 Commission on Youth Leadership; recognize.......... SR 270 Miller Grove Varsity Boys Basketball Team; congratulate ................................... SR 670 Miller, Brian; recognize............................................................................................ SR 55 Miller, Kit; commend ............................................................................................. SR 325 Mills, Ms. Patrice; recognize .................................................................................. SR 224 Minor, Dixie; commend.......................................................................................... SR 315 Mitchell, Rev. Dennis; recognize ............................................................................. SR 30 Mixon, Keith L.; recognize..................................................................................... SR 767 Mobley, Mr. Lamar; condolences........................................................................... SR 354 Moore, Lorenzo J.; recognize ................................................................................. SR 784 Moore, Mr. Isaiah C.; commend............................................................................. SR 754 Moore, Ms. Sarah; recognize.................................................................................. SR 737 Moore, Travor D.; recognize .................................................................................. SR 773 Mopdog Creative + Strategy; congratulate............................................................. SR 560 Morgan County Middle School; recognize .............................................................. SR 98 Morgan, Robert A.; commend ................................................................................ SR 373 Morgan, Sr., Honorable Jack Hays; condolences................................................... SR 583 Morris, Mr. Floyd E.; recognize ............................................................................. SR 749 Morrow High School JROTC Instructors; recognize ............................................. SR 432 Morrow High School JROTC Members; commend............................................... SR 438 Mortgage; request mortgage lending institutions to adopt rent-to-own programs; eliminate unnecessary home mortgage foreclosures............................. SR 759 INDEX 5621 Moses, Matthew and Gwendolyn; 50th wedding anniversary; congratulate............................................................................................................... SR 16 Moten, Ms. Zandra; recognize................................................................................ SR 243 Motorcycle Safety and Awareness Month; recognize............................................ SR 533 Mt. Bethel Elementary School; recognize.............................................................. SR 651 Mulvaney, Mrs. Joanne; recognize......................................................................... SR 516 Murray, Destiny LeAnn; commend........................................................................ SR 371 Mustari, Mr. Jeff; commend ................................................................................... SR 755 NAACP; Clayton County Branch; recognize........................................................... SR 63 Nagawa, Rita C.; commend .................................................................................... SR 367 Nasworthy, Jason; Kyte, Travis; recognize ............................................................ SR 744 National Association for the Advancement of Colored People; commend.............. SR 19 National Childhood Brain Tumor Prevention Network Act; urge President/U.S. Congress to support legislative efforts to enact.............................. SR 291 National Federation of Independent Business in Georgia; recognize .................... SR 159 National Guard Day; recognize March 5................................................................ SR 602 National Wear Red Day; recognize February 6, 2009 ........................................... SR 142 Nelson, Monica C.; recognize ................................................................................ SR 788 Newnan Southern Stars "Super Stars" Cheer Team; recognize ............................. SR 640 Newton, Amanda Nichole; commend .................................................................... SR 382 Nguyen, Khoa Dang; McMillan, Ginia; commend ................................................ SR 460 Nobles, Mr. James Cecil; recognize ......................................................................... SR 61 Norman, Mr. Walker T.; commend .......................................................................... SR 20 Northeast Georgia Mountains Travel Association; recognize.................................. SR 85 Obama, President Barack; honoring....................................................................... SR 177 Office of Child Support Services Fatherhood/Paternity Program; recognize................................................................................................................. SR 588 Olguin, Hector; commend ...................................................................................... SR 376 Omega Psi Phi Fraternity, Inc. Day; recognize March 25...................................... SR 636 Omega Psi Phi Fraternity, Inc., Day; recognize March 11..................................... SR 477 O'Neal, Beulah M.; recognize................................................................................. SR 789 O'Neal, Mr. Michael; recognize ............................................................................. SR 775 Operation Beautiful Feet Team; recognize............................................................. SR 130 Orr, Ally; commend................................................................................................ SR 419 Oswalt, Cameron; commend .................................................................................. SR 324 Owens, David S.; commend ................................................................................... SR 365 PAGE Day on Capitol Hill ..................................................................................... SR 149 Paris, Dinah; recognize............................................................................................. SR 26 Parker, Honorable Ronnie A.; recognize.................................................................. SR 86 Partnership for Health and Accountability (PHA); recognize................................ SR 162 Passmore, Mrs. Mildred Ruth Dixon; condolences................................................ SR 440 Pate, Nan; commend............................................................................................... SR 473 5622 INDEX Patient Centered Medical Home; create Senate Study Committee ........................ SR 664 Patterson Services, Inc.; congratulate..................................................................... SR 539 Peace Officers; General Assembly enact legislation/appropriate funds necessary for retirement credit; Peace Officers Annuity/Benefit Fund.................. SR 174 Peanut Butter and Jelly Day; recognize March 4 ................................................... SR 181 Peanut Proud Day Expo; recognize ........................................................................ SR 618 Pearson, Mrs. Monica; recognize ........................................................................... SR 143 Perdue, Ms. Monica; recognize .............................................................................. SR 195 Performance Based Principal Certificate Renewal Design Team; establish .......... SR 466 Perry, Mr. Tyler; recognize ...................................................................................... SR 81 Pettingill, Jonathan R.; commend........................................................................... SR 389 Petty, Keith; commend ........................................................................................... SR 497 Petty, Keith; commend ........................................................................................... SR 518 Pharmacy Day; declare February 18 ........................................................................ SR 29 Phillips, Mr. Donald; recognize.............................................................................. SR 724 Ponticelli, Derek; commend ................................................................................... SR 313 Ponticelli, Derek; commend ................................................................................... SR 529 Porter III, Cadet Captain Earl; recognize ................................................................. SR 18 POW/MIA Recognition Day; recognize September 18 ......................................... SR 475 POW/MIA Recognition Day; recognize September 18 ......................................... SR 535 Powell, Ms. Christine; recognize............................................................................ SR 189 Preferred Jet Center; congratulate .......................................................................... SR 544 President Obama; request to select Mr. Thomas J. Harrold, Jr. to serve as U.S. Ambassador to Germany ................................................................................ SR 621 President/U.S. Congress; urged to provide support to strengthen Georgia's public health infrastructure..................................................................... SR 263 President/U.S. Congress; urged to support legislative efforts; amending U.S. Constitution to incorporate Voting Rights Act of 1965 ................................. SR 260 Prevent Child Abuse Awareness Month; recognize April 2009 ............................ SR 650 Prince III, Mr. Samuel E.; recognize ...................................................................... SR 441 Private Health Insurers; require to pay for the treatment of veterans' service connected injuries/disabilities; express opposition .................................... SR 626 Project Synergy; recognize ..................................................................................... SR 296 Puckett EMS; congratulate ..................................................................................... SR 541 Queen, Mr. Bill; recognize ..................................................................................... SR 344 Rahn, Dr. Daniel W.; recognize ............................................................................. SR 713 Red Coat Day; recognize March 4 ......................................................................... SR 329 Redden, Mr. Steve; recognize................................................................................. SR 703 Reese, Mr. Benjamin Charles; condolences ........................................................... SR 715 Regents; urged to establish/offer a teacher education program at each of its universities offering four-year degree programs ............................................... SR 173 Regents; urged to merge foundations associated with the units of the university system ...................................................................................................... SR 84 INDEX 5623 Renfroe Middle School Climate Change Project Participants; congratulate............................................................................................................. SR 633 Republic of Austria; express cultural, economic, and educational cooperation ............................................................................................................. SR 458 Republic of Switzerland; expressing cultural, economic, and educational cooperation ............................................................................................................. SR 760 Rhoads, Mark; commend........................................................................................ SR 379 Rhodes, Ms. Sarah; recognize ................................................................................ SR 209 Richardson, Mr. Luther; recognize......................................................................... SR 199 Riverdale, City of; celebrate ..................................................................................... SR 24 Roberts, M.D., Phillip Lee; honoring ..................................................................... SR 137 Roberts, Mr. Randy Samuel; condolences.............................................................. SR 697 Roberts, Ms. Nekia; recognize ............................................................................... SR 234 Robinson, Ms. Lithangia S.; condolences .............................................................. SR 405 Rogers, Brett M.; commend ................................................................................... SR 362 Rogers, Jr., Mr. Curtis "Buddy"; condolences ....................................................... SR 698 Rogers, Mr. Victor; recognize ................................................................................ SR 201 Rose, James Douglas; recognize ............................................................................ SR 623 Rose, Mr. George L.; recognize ............................................................................. SR 278 Ruggles, Richard Neal; recognize .......................................................................... SR 656 Rural Health Day; recognize February 19, 2009.................................................... SR 258 Russell, Sylvia; commend ...................................................................................... SR 608 Salas, Melanie; commend....................................................................................... SR 317 Sanders, Antwayne D.; recognize........................................................................... SR 781 Sanford, Courtney Rebecca; commend .................................................................. SR 418 Schleifer, John "William"; commend ..................................................................... SR 369 Schmidt, Ben; commend......................................................................................... SR 351 Schmidt, Mrs. Dorothy; honoring........................................................................... SR 530 Schopp, Mr. Anthony "Tony"; recognize ................................................................. SR 42 Schorr, Ms. Kim; recognize.................................................................................... SR 235 Scott III, Robert G.; commend ............................................................................... SR 415 Scott, Tarris L.; recognize ...................................................................................... SR 771 Security 101; congratulate ...................................................................................... SR 552 Senate Administration of Dental Benefits for Medicaid and Peachcare Study Committee; create......................................................................................... SR 665 Senate Officials; Employees and Committees............................................................ SR 6 Senate Retrofit of Diesel Engines Study Committee; create.................................. SR 667 Senate; amend Rules............................................................................................... SR 452 Senior Week at the Capitol; declare week of February 24..................................... SR 119 Shackleford, Mrs. Lori; recognize .......................................................................... SR 348 Shafer, Ms. Caroline; recognize ............................................................................. SR 197 Sharpe, Mr. Shannon; recognize............................................................................. SR 434 Sheppard, Mr. Ralph E.; recognize......................................................................... SR 163 5624 INDEX Shifalo, Mr. Robert "Joe"; condolences ................................................................. SR 745 Shin, Michael; commend .......................................................................................... SR 78 Short, Sergeant First Class Scott; recognize........................................................... SR 164 Simpson, Ms. LeTrell; recognize ........................................................................... SR 157 Sitherwood, Suzanne; commend ............................................................................ SR 607 Skibbe, Ms. Jean; recognize ................................................................................... SR 213 Skin Cancer Awareness Day; recognize February 25 ............................................ SR 398 Slayton, Mildred; recognize.................................................................................... SR 629 Slosheye Trail Big Pig Jig; recognize..................................................................... SR 711 Smith, Forrest; recognize........................................................................................ SR 769 Smith, Jr., Mr. Charles; recognize .......................................................................... SR 776 Smith, Mr. LeKevin; recognize .............................................................................. SR 696 Smith, Mrs. Judy; recognize ..................................................................................... SR 35 Smith, Pastor Jermaine A.; recognize..................................................................... SR 408 Smith, Stacie J.; recognize...................................................................................... SR 763 Snope, Mr. Daniel P.; recognize............................................................................. SR 750 Solar Velocity, LLC; congratulate.......................................................................... SR 561 Solomon Lodge No. 1 of Free and Accepted Masons of Georgia.......................... SR 463 South Cobb High School Marching Band; commend .............................................. SR 10 Speer, Laura; commend .......................................................................................... SR 318 Speer, Ms. Becky; recognize .................................................................................. SR 241 Spiva, Mrs. Dora Hunter Allison; honoring ........................................................... SR 126 Sportsmen's Day at the Capitol; recognize January 15 ............................................ SR 31 Spring Chicken Festival and Chicken City Cook Off; recognize........................... SR 509 St. Lawrence, Sheriff Al; recognize ....................................................................... SR 158 St. Patrick's Day Parade; recognize ........................................................................ SR 447 State of Georgia; express support for comprehensive immigration reform ........... SR 570 Stepat, Fritz; recognize ........................................................................................... SR 603 Stephens, Nicholas Neal; recognize ....................................................................... SR 468 Stephens, Nicholas; commend................................................................................ SR 671 Stover, Mr. Robert C.; condolences ......................................................................... SR 37 Stowell, Chelsea; commend.................................................................................... SR 524 Strategic Deployment-Distribution Corridor Network; requesting the implementation ....................................................................................................... SR 295 Strong, Mr. Mack; recognize .................................................................................. SR 233 Sturgis, Jedidiah; recognize .................................................................................... SR 734 Sun Valley Beach; congratulate ............................................................................. SR 551 Sustainable Business Day; declare February 12..................................................... SR 293 Sutton, Jr. Mr. Robert L.; recognize ....................................................................... SR 599 Swanson, Sr., Carl E. and Beulah Faye Williams; congratulate .............................. SR 93 Talley, Ms. Rebecca; recognize.............................................................................. SR 225 Tamakloe, Shawna M.; recognize .......................................................................... SR 770 Tarbutton, Mr. Charles K.; recognize..................................................................... SR 675 INDEX 5625 Taylor, Honorable Mark; recognize ....................................................................... SR 606 Taylor, Mrs. Ginger; recognize .............................................................................. SR 569 Terry, Melissa; commend ....................................................................................... SR 494 The Bottoms Group; congratulate .......................................................................... SR 553 Thomas, Eric M.; recognize.................................................................................... SR 774 Thomas, Henry Charles "Chase"; recognize .......................................................... SR 687 Thomas, Mrs. Jennifer; recognize .......................................................................... SR 353 Thomas, Mrs. Madie Berry; honoring .................................................................... SR 455 Thompson, Ms. Felicia; recognize ......................................................................... SR 227 Thornton, Mrs. Jerelean D. "Jeri"; recognize ......................................................... SR 616 Thorton, Mrs. Jerelean D. "Jeri"; recognize ........................................................... SR 490 Tidwell, Cameron; recognize ................................................................................. SR 138 Topper Limousine, Inc.; congratulate..................................................................... SR 548 Tourism Day; declare January 27, 2009................................................................... SR 11 Transportation Department, Georgia; request to develop a state rail plan ............. SR 690 Transportation, Georgia Department; urged to build a maglev train to be known as the "The Plane Train" ............................................................................. SR 117 Travis, Trey; recognize........................................................................................... SR 716 Treece, Mrs. Alice; recognize................................................................................. SR 347 Trethewey, Natasha; recognize............................................................................... SR 577 Trustee, Board/Georgia Military College President; urged to maintain the current military programs ......................................................................................... SR 96 Tucker High School Football Team; recognize...................................................... SR 265 Tuskegee Airmen/Bryton Entertainment; recognize .................................................. SR 9 Tuten, Mr. Grover; recognize ................................................................................. SR 287 U.S. Congress; a request to avoid wasteful, unnecessary and unwise projects.................................................................................................................... SR 605 U.S. Congress; request to oppose legislative efforts to expand the reach and scope of the Clean Water Act .......................................................................... SR 433 U.S. Congress; urged to adopt the Fair Tax Act..................................................... SR 503 U.S. Congress; urged to adopt the Fair Tax Act..................................................... SR 566 U.S. Congress; urged to eliminate 24 month waiting period for participants in Social Security Disability Insurance............................................... SR 505 U.S. Congress; urged to enact the Prevention First Act (H.R. 463/S.21) .............. SR 281 U.S. Congress; urged to require U.S. Census Bureau to provide a fair, accurate, and unbiased actual count of the population ........................................... SR 761 U.S. National Health Insurance Act; urge Congress to adopt ................................ SR 187 University of West Georgia Coed Cheerleading Team; recognize ........................ SR 104 US Army of the Cumberland Highway; Chickamauga; dedicate .......................... SR 175 Vaughn, Kenneth Lee; commend ........................................................................... SR 390 Veal, Mr. Mikaa; recognize .................................................................................... SR 226 Veterinary Medicine Day; declare February 5, 2009 ............................................. SR 139 Vickery, Captain Joe; condolences......................................................................... SR 342 5626 INDEX Victim-Witness Advocate Day; recognize February 19......................................... SR 302 Vietnam War Veterans; apologizing for pain this state has caused promising to honor the forgotten veterans extending support to troops................. SR 692 W.D. Lemon & Sons Funeral Home; recognize..................................................... SR 710 Waddell, Mrs. Vicky; recognize............................................................................. SR 345 Wade, Mrs. Barbara; recognize .............................................................................. SR 780 Wadley, Jerimiah; Price, Steve; commend............................................................. SR 508 Wald, Mrs. Florence; condolences ......................................................................... SR 264 Walker School Boys Soccer Team; recognize ......................................................... SR 76 Walker School Girls Soccer Team; commend ......................................................... SR 71 Walker School Girls Tennis Team; recognize.......................................................... SR 69 Walker, Casy Elyse; congratulate........................................................................... SR 116 Walker, Miss Marianne; recognize......................................................................... SR 448 Walker, Ms Andrea; recognize ............................................................................... SR 216 Walton, Mr. Robert Hugo; condolences................................................................. SR 141 Walton, Sara; recognize.......................................................................................... SR 450 Wang, Annie; commend ......................................................................................... SR 527 Ward, Hannah; commend ....................................................................................... SR 136 Warner, Mr. John S.; recognizing............................................................................... SR 8 Warring, Debra J.; recognize .................................................................................. SR 790 Washington, Ruffin E.; recognize .......................................................................... SR 772 Watson, Ms. Judy; recognize.................................................................................. SR 238 Weems, Darius O'Brien; commend ........................................................................ SR 426 Welch, Honorable James R."Bump"; recognize....................................................... SR 34 Weldon, Ms. Bobbie; recognize ............................................................................. SR 214 Wells, Brittany Sharnay; remembering .................................................................. SR 444 Westside High School Participants; 2008-2009 Youth Leadership Richmond County Program; recognize .................................................................. SR 645 Whatley, Mr. Lynn; recognize................................................................................ SR 693 Whatley, Ms. Debra; recognize .............................................................................. SR 198 Wheeler High School Boys Basketball Team; congratulate .................................. SR 652 Whitaker, Jennifer; commend................................................................................. SR 413 White, Ms. Dianne; recognize ................................................................................ SR 240 White, Victoria; commend ..................................................................................... SR 375 Whitefield Academy Wolfpack Basketball Team; congratulate ............................ SR 653 Wickman, Ms. Aimee; commend ........................................................................... SR 756 Wilkinson, Hayes Tolbert; recognize ..................................................................... SR 660 Wilkinson, Mr. Warren Terrell; recognize ............................................................. SR 481 Willett, Mr. Scott; recognize .................................................................................. SR 272 Williams, Mr. J.T.; recognize ................................................................................. SR 253 Williams, Ms. Sue Ellen; recognize ....................................................................... SR 215 Williamson, Dr. Mitchell Todd; recognize............................................................. SR 521 Wilson, Mr. Mark; commend ................................................................................... SR 99 INDEX 5627 Wilson, Ms. Ashlie Margaret; recognize................................................................ SR 753 Wilson, Ms. Phylecia; recognize ............................................................................ SR 252 Wolfram, Laurissa Joy; commend.......................................................................... SR 380 Wood, Allison; commend....................................................................................... SR 417 Wood, Mrs. Willie Mae "Kat" Vick; honoring ...................................................... SR 722 World Kidney Day; recognize March 12 ............................................................... SR 580 Wright, Corporal Curtis; recognize ........................................................................ SR 410 Wright, Jr.; Dr. Robert L.; recognize...................................................................... SR 537 Wright, Ms. Sheryl; recognize................................................................................ SR 236 Wright, Willie R. and Nancy W.; recognize........................................................... SR 151 Young, Mr. David; recognize ................................................................................. SR 738 Young, Zach; recognize.......................................................................................... SR 719 Zenith Design Group; congratulate ........................................................................ SR 558 Zhang, Ge Andy; commend.................................................................................... SR 523 RETIREMENT AND PENSIONS Employees' Retirement System of Georgia; death benefit; clarify provisions................................................................................................................HB 190 Employees' Retirement System of Georgia; disability benefits; provisions ..........HB 172 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 320 Georgia Judicial Retirement System; employer contributions; clarify ..................HB 210 Georgia State Employees' Pension/Savings Plan; retirement computations; provisions ........................................................................................HB 191 Health Benefits; Georgia School Personnel Post-employment Health Benefit Fund; Georgia State Employees Post-employment; create ....................... SB 122 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 O.C.G.A; correct errors/omissions; Title 47............................................................. SB 48 Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide ..............................................................................HB 465 Peace Officers' Annuity/Benefit Fund; county jail officers eligible for membership in such fund; creditable service; conditions....................................... SB 214 Public Retirement Systems Investment Authority Law; expand definition of the term large retirement system ........................................................................ SB 129 Public Retirement Systems Investment Authority Law; initial and continuing identification of companies that do business with Sudan..................... SB 171 Public Retirement Systems Investment Authority Law; large retirement systems; change authority.......................................................................................HB 371 Public Retirement Systems Standards Law; any increase in the actuarial accrued unfunded liability which occurs as a result of the enactment ................... SB 176 Public Retirement Systems; reform certain features; provisions ...........................HB 476 Retirement/Pensions; computing contributions and benefits; define certain terms............................................................................................................HB 202 5628 INDEX Retirement/Pensions; creditable service; application requirement; remove ..........HB 477 Retirement/Pensions; postretirement benefit adjustment; provide statement of legislative intent .................................................................................HB 452 Retirement; change Board of Trustees to Georgia Judicial Retirement Systems ................................................................................................................... SB 181 Retirement; change designation of Georgia Public Defender Standards Council to Georgia Public Defender Agency; conditions for effective date.......... SB 100 Retirement; change the benefit formula for the Teachers Retirement System; change maximum number of years of service used in calculation ........... SB 288 Retirement; create Municipal Court Clerks' Retirement Fund of Georgia............. SB 275 Retirement; creditable service; Employee Retirement System of Georgia for military service for a certain period of time; conditions for effective date.......................................................................................................................... SB 113 Retirement; election to participate in Regents Retirement in lieu of Teachers Retirement shall be revocable at will ...................................................... SB 257 Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services...................................... SB 109 Retirement; no person who becomes tax commissioner; on/after July 1, 2010; membership in Employees' Retirement System of Georgia......................... SB 283 Retirement; provide any full-time public school employee may elect to become member of Teachers Retirement System .................................................. SB 260 Retirement; provide appellate court judges who become members; shall not be entitled to certain group term life insurance benefits .................................. SB 177 Retirement; provide University System of Georgia employ a retired member as a full-time instructor at a nursing school ............................................. SB 259 Retirement; State Merit of Personnel Administration to State Personnel Administration; change certain references ............................................................... SB 98 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................... SB 222 Superior Court Clerks' Retirement Fund of Georgia; eligibility criteria for creditable service; provide......................................................................................HB 488 Superior Court Clerks' Retirement Fund of Georgia; increase employee contribution; provisions ..........................................................................................HB 487 REVENUE, DEPARTMENT OF; STATE ADMINISTRATIVE ORGANIZATION, ADMINISTRATION, AND ENFORCEMENT County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes........................................................... SB 240 Income Tax; tax credits for qualified jobs and projects; comprehensive revision; provide .....................................................................................................HB 438 Revenue/Taxation; certain tax return preparers; civil penalties and injunctive relief; provide.........................................................................................HB 444 Revenue/Taxation; comprehensive revision of provisions; provide ......................HB 335 INDEX 5629 Revenue/Taxation; forms of payment; change certain provisions .........................HB 334 Sales/Use Tax; refund claims; expedited payment; provisions..............................HB 441 RHINE Rhine, Town of; provide new charter; change name to City of Rhine; provide ....................................................................................................................HB 265 RICHMOND COUNTY Augusta-Richmond County Coliseum Authority; membership; change................HB 813 RINGGOLD Ringgold, City of; change corporate limits of the city; annex additional territory ................................................................................................................... SB 271 Ringgold, City of; provide new charter ..................................................................HB 816 ROBINSON, LITHANGIA S.; recognized ......................................................... Page 412 ROCKDALE COUNTY Rockdale County Probate Court; compensation of judge; change provisions................................................................................................................ SB 263 ROOPVILLE Roopville, Town of; sale of liquors; repeal certain provisions ..............................HB 690 ROSWELL, CITY OF Roswell, City of; Redevelopment Powers Law; authorize.....................................HB 176 S SALES AND USE TAX Georgia Building Authority; exempt from certain sales and use tax; provisions................................................................................................................HB 333 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 Revenue/Taxation; forms of payment; change certain provisions .........................HB 334 Revenue/Taxation; prepaid state fuel tax; provide exemption ...............................HB 121 Sales/Use Tax Exemption; certain school supplies; energy efficient products; provide ....................................................................................................HB 120 Sales/Use Tax Exemption; new construction of civil rights museum; provide ....................................................................................................................HB 349 Sales/Use Tax Exemption; zoological institution; provide ....................................HB 129 5630 INDEX Sales/Use Tax; airplane flight simulation training device; provide exemption ...............................................................................................................HB 364 Sales/Use Tax; certain sales of dyed fuel oils; provide exemption ..........................HB 46 Sales/Use Tax; controlled substances and dangerous drugs; certain exemptions; provide..................................................................................................HB 59 Sales/Use Tax; food for hunger and disaster relief; extend exemptions ................HB 358 Sales/Use Tax; jet fuel; continue exemption ..........................................................HB 212 Sales/Use Tax; personal property; construction of certain symphony halls; extend exemption ..........................................................................................HB 395 Sales/Use Tax; renegotiation of distribution certificates; change certain provisions..................................................................................................................HB 56 Sales/Use Tax; repair of certain aircraft; sale of parts; provide exemption ...........HB 116 State Revenue Commissioner's Authority; distributions; repeal certain provisions................................................................................................................HB 181 Taxation; motor vehicles; comprehensive revision; provisions .............................HB 480 Taxes; provide for a 1% sales tax; transportation projects in special transportation districts within the state..................................................................... SB 39 SCHLEY COUNTY Ellaville-Schley County Charter and Unification Commission Act; enact ............HB 791 SEARCHES AND SEIZURES Search Warrants; authorizing the installation, use, and removal of tracking devices subject to certain conditions ........................................................ SB 227 Search Warrants; issuance by judicial officers; change provisions; noknock warrants ....................................................................................................... SB 197 SEARS, CHIEF JUSTICE LEAH WARD; State of the Judiciary address ....... Page 157 SECRETARY OF THE SENATE ROBERT F. EWING; Communication to Governor; Re: Confirmation of Appointees ....................... Page 4099 SECRETARY OF STATE Elections; registration of voters; provisions ...........................................................HB 549 SECRETARY OF STATE KAREN HANDEL; election certification .................. Page 1 SELLING AND OTHER TRADE PRACTICES Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms......................................................... SB 237 INDEX 5631 Electronic Lease-Purchase of Goods Act; provide data and personal information protection practices; definitions; establish procedures....................... SB 130 Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms; change certain provisions .............................................................................. SB 30 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 Private Child Support Collection; definitions; provisions......................................HB 189 Public Utilities/Transportation; inspection by law enforcement officers; provisions; special officers investigating certain thefts of public utilities ............... SB 53 Secondary Metals Recyclers; provide regulation of theft of regulated metal property; transaction records; change provisions ........................................... SB 82 Truth in Music Advertising Act; prohibition against the advertising/conducting of certain live musical performances ................................ SB 226 SENATE Advance Directives Assessment, Planning, and Oversight; create Senate Study Committee .................................................................................................... SR 476 Autism; create Senate Study Committee ................................................................ SR 672 Blood Pressure Down Shift Program; create Senate Study Committee ................. SR 456 Consolidation of Institutions of Higher Education, Senate Study Committee; create................................................................................................... SR 140 Consolidation of Services for Crime Victims; create Senate Study Committee............................................................................................................... SR 642 General Assembly; development of Georgia's energy resources; express support ....................................................................................................................HR 338 Georgia Health Disparities for Asian and Pacific Islander Americans; create Senate Study Committee .............................................................................. SR 635 Georgia Nonprofit Organization and Their Governmental Partnerships; create Senate Study Committee .............................................................................. SR 399 Health Care Provider Rental Network Contract Arrangements; create Senate Study Committee ........................................................................................ SR 628 Health Care Transformation; create Senate Study Committee............................... SR 334 House and Senate; certain committees; amend Official Code of Georgia Annotated references ..............................................................................................HB 117 Legislative Solutions for the Safe Use of Cellular Telephones In Motor Vehicles; create Senate Study Committee.............................................................. SR 654 Morning Roll Calls: Pages 3, 45, 51, 65, 68, 77, 88, 96, 105, 123, 129, 152, 170, 182, 205, 222, 249, 278, 298, 327, 368, 410, 458, 523, 571, 702, 1331, 1436, 1899, 2230, 2250, 2268, 2299, 2324, 2548, 2764, 2921, 3102, 4081 Patient Centered Medical Home; create Senate Study Committee ........................ SR 664 Property Tax Assessments and Appeals; create Senate Study Committee ............ SR 685 5632 INDEX Regional Educational Service Agencies; create Senate Study Committee ............ SR 595 Roosevelt Warm Springs Institute for Rehabilitation; create Senate Study Committee............................................................................................................... SR 641 Self-sufficiency of State Museums, Parks, and Golf Courses; create Senate Study Committee ........................................................................................ SR 686 Senate Biomass/Bioenergy Study Committee; create ............................................ SR 579 Senate Comprehensive Development Impact Fee Study Committee; create....................................................................................................................... SR 522 Senate Dangerous Dogs Study Committee; create ................................................. SR 622 Senate Emergency and Pandemic Preparedness and Response Study Committee; create................................................................................................... SR 752 Senate Georgia State Fire Services Study Committee; create................................ SR 615 Senate Study Committee on the Merger of Georgia Technical and TwoYear Colleges; create.............................................................................................. SR 627 Senate Telecommunications Comprehensive Reform Study Committee; create....................................................................................................................... SR 736 SENATORS BROWN; communication; explanation of vote on HB 116, HB 149 .............Pages 2560, 2576 BUCKNER; communication; explanation of vote on SB 1 ................................ Page 118 BUCKNER; communication; explanation of vote on SB 14, SR 96 .................. Page 210 BUCKNER; communication; explanation of vote on SB 17 ............................ Page 2169 BUCKNER; communication; explanation of vote on SB 31 .............................. Page 240 BUCKNER; communication; explanation of vote on SB 80 ............................ Page 2287 BUCKNER; communication; explanation of vote on SB 193 .......................... Page 1397 BUTLER; communication; explanation of vote on HB 60 ............................... Page 2557 BUTLER; communication; explanation of vote on HB 121 ............................. Page 2972 BUTLER; communication; explanation of vote on HB 186, HB 438.............Pages 3799, 3909 BUTTERWORTH; communication; explanation of vote on SB 20 ................... Page 380 BUTTERWORTH; communication; explanation of vote on SR 453 ............... Page 1874 BUTTERWORTH; communication; removing name from SB 50 ..................... Page 100 BUTTERWORTH; communication; removing name from SB 155 ................... Page 315 BUTTERWORTH; excused pursuant to Rule 5-1.8(d) on HB 212 .................... Page 681 CHANCE; appointed Administration Floor Leader .............................................. Page 31 CHANCE; excused pursuant to Rule 5-1.8(d) on amendment #1 to HB 119 Sub .............................................................................................................. Page 3730 CHANCE; resigned from Administration Floor Leader ....................................... Page 80 COWSERT; appointed Administration Floor Leader ........................................... Page 31 CROSBY; communication; explanation of vote on SB 233 ............................. Page 1859 DOUGLAS; filed objection to HB 730 on Supplemental Local Calendar ....... Page 4470 FORT; communication; explanation of vote on SB 67 ..................................... Page 1463 INDEX 5633 GOLDEN; communication; explanation of vote on HB 118 Sub ..................... Page 1201 GRANT; communication; explanation of vote on SB 14.................................... Page 209 HARP; communication; excused Senator Tolleson on morning roll call ......... Page 2921 HARP; communication; explanation of vote on HB 60 .................................... Page 2557 HARP; communication; explanation of vote on HB 80 .................................... Page 2255 HARP; communication; explanation of vote on HB 575 .................................. Page 4257 HARP; communication; explanation of vote on SB 4......................................... Page 285 HEATH; appointed Administration Floor Leader................................................. Page 31 HEATH; appointed Ex-Officio to Transportation................................................. Page 31 HILL, JACK; appointed Ex-Officio to Finance .................................................... Page 11 HILL, JACK; communication; explanation of vote on SB 27 .......................... Page 2172 HILL, JACK; communication; explanation of vote on SB 43 ............................ Page 174 HILL, JACK; communication; explanation of vote on SB 84 ............................ Page 430 HOOKS; excused pursuant to Rule 5-1.8(d) on SB 31 ....................................... Page 236 JACKSON, B.; appointed Ex-Officio to Public Safety......................................... Page 92 JACKSON, B.; communication; explanation of vote on SB 72.......................... Page 308 JACKSON, B.; communication; explanation of vote on SB 196...................... Page 4215 JACKSON, L.; communication; explanation of vote on HB 184 ..................... Page 3797 JOHNSON; communication; explanation of vote on SB 130 ........................... Page 2177 JOHNSON; communication; Senator Hooks to chair Ethics.............................. Page 514 MOODY; communication; explanation of vote on SB 13 ................................ Page 2845 MULLIS; communication; removing name from SB 16....................................... Page 81 MULLIS; communication; removing name from SB 23..................................... Page 157 MULLIS; communication; removing name from SB 31....................................... Page 81 MURPHY; communication; explanation of vote on SB 13 ................................ Page 132 ORROCK; communication; explanation of vote on HB 100 ............................ Page 2307 ORROCK; communication; explanation of vote on Local Consent Calendar ............................................................................................................. Page 3152 PEARSON; appointed Ex-Officio to Banking and Financial Institutions ............ Page 70 PEARSON; appointed Ex-Officio to Special Judiciary ...................................... Page 398 PEARSON; communication; explanation of vote on SB 78 ............................... Page 480 RAMSEY; communication; explanation of vote on Consent Calendar ............ Page 3116 RAMSEY; communication; explanation of vote on HB 63 .............................. Page 3764 RAMSEY; communication; explanation of vote on SB 14, SB 24, SR 96......... Page 215 RAMSEY; excused pursuant to Rule 5-1.8(d) on HB 100................................ Page 2304 RAMSEY; excused pursuant to Rule 5-1.8(d) on HB 371................................ Page 3871 RAMSEY; excused pursuant to Rule 5-1.8(d) on SB 84 .................................... Page 416 REED; communication; explanation of vote on HB 118 Sub ........................... Page 1201 REED; communication; explanation of vote on HB 170 .................................. Page 2585 REED; communication; explanation of vote on HB 488 .................................. Page 3968 ROGERS; appointed Ex-Officio to Appropriations.............................................. Page 12 SEABAUGH; 49th birthday recognized ........................................................... Page 2250 SHAFER; communication; explanation of vote on HB 251 ............................. Page 3003 5634 INDEX SHAFER; communication; explanation of vote on SB 13 ................................ Page 2845 SHAFER; communication; explanation of vote on SB 20 .................................. Page 380 SHAFER; communication; explanation of vote on SB 80 .................................. Page 312 SIMS; appointed Ex-Officio to Economic Development.................................... Page 100 SIMS; communication; explanation of vote on SR 107 ...................................... Page 236 STATON; excused pursuant to Rule 5-1.8(d) on HB 439 ................................ Page 3910 STONER; excused pursuant to Rule 5-1.8(d) on HB 63................................... Page 3733 TARVER; communication; explanation of vote on HB 160............................. Page 2582 TARVER; communication; explanation of vote on SR 152 ............................. Page 1408 WILES; appointed Ex-Officio to Insurance and Labor......................................... Page 54 WILLIAMS; communication; explanation of vote on HB 251......................... Page 3003 SENOIA Senoia, City of; municipal terms; provisions .........................................................HB 393 SENTENCE AND PUNISHMENT Courts; provide notice of the release of child from detention under certain circumstances; definitions ...................................................................................... SB 246 Crimes; provide the imposition of life without parole; person convicted of murder independently of a death penalty prosecution ......................................... SB 13 Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ......................................................................................................................HB 323 Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses ................... SB 151 Sentence/Punishment; allow family of victim to provide statements during sentencing procedures of person who committed the crime ....................... SB 174 Sentence/Punishment; authorize Corrections, Department; participation in transitional center; offender's final year of incarceration ....................................... SB 193 Sentence/Punishment; defendants guilty of crimes involving bias, prejudice, circumstances, and parole; repeal certain provisions ............................ SB 234 Sentence/Punishment; provide a moratorium on the administration of death sentence......................................................................................................... SB 175 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law.................. SB 157 SEXUAL OFFENSES Domestic Relations/Social Services; sexual exploitation; expand the definition................................................................................................................... SB 69 Proceedings; admit general public to hearings in juvenile court with certain exceptions ................................................................................................... SB 207 Sexual Offenses; child molestation; define; change certain provisions .................HB 123 INDEX 5635 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 SHERIFFS Constables/Marshals; notify protected persons upon the service of certain protective orders ......................................................................................................... SB 4 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 SNELLVILLE, CITY OF Snellville, City of; voting powers of the mayor; change provisions ...................... SB 258 SOCIAL SERVICES Child Abuse Reports; access to records; solicitors-general; authorize ..................HB 303 Community Health Department; required to contract with a single administrator for dental services ............................................................................ SB 146 Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program .............. SB 165 Domestic Relations/Social Services; sexual exploitation; expand the definition................................................................................................................... SB 69 Georgia Board for Physicians Workforce; revise certain provisions .......................HB 49 Human Resources, Department of; financial assistance for adoptive parents; revise provision .........................................................................................HB 237 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Prescription Drugs; provide for prior authorization requirements; definitions; penalties; discounts; PeachCare for Kids Program ................................ SB 3 Social Services; convert Medicaid/PeachCare for Kids Program funds to premium assistance; low-income; private sector health insurance plans ................. SB 92 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 Social Services; services/treatment for categorically needy/medically fragile children; revise provisions; add definition.................................................. SB 289 State Health/Human Services Agencies; reorganize and reestablish; provisions................................................................................................................HB 228 SOIL EROSION AND SEDIMENTATION Soil Erosion and Sedimentation; 25 foot buffers along state waters; change certain provisions ....................................................................................... SB 155 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions................................................................................................................ SB 228 5636 INDEX ST. MARYS St. Mary, City of; ad valorem taxes for municipal purposes; provide homestead exemption ............................................................................................. SB 261 St. Marys Convention and Visitors Bureau Authority; additional members; provide ...................................................................................................HB 696 STATE BOUNDARIES AND JURISDICTION State Government; police duties in Capitol Square; Department of Public Safety; reimburse ....................................................................................................HB 662 STATE EMPLOYEES Employees' Retirement System of Georgia; death benefit; clarify provisions................................................................................................................HB 190 Employees' Retirement System of Georgia; disability benefits; provisions ..........HB 172 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 320 Georgia State Employees' Pension/Savings Plan; retirement computations; provisions ........................................................................................HB 191 Health Benefits; Georgia School Personnel Post-employment Health Benefit Fund; Georgia State Employees Post-employment; create ....................... SB 122 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 Insurance; require certain coverage for autism spectrum disorders; provide definitions .................................................................................................. SB 161 O.C.G.A; correct errors/omissions; Title 47............................................................. SB 48 Retirement; change designation of Georgia Public Defender Standards Council to Georgia Public Defender Agency; conditions for effective date.......... SB 100 Retirement; creditable service; Employee Retirement System of Georgia for military service for a certain period of time; conditions for effective date.......................................................................................................................... SB 113 Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services...................................... SB 109 Retirement; no person who becomes tax commissioner; on/after July 1, 2010; membership in Employees' Retirement System of Georgia......................... SB 283 Retirement; provide any full-time public school employee may elect to become member of Teachers Retirement System .................................................. SB 260 Retirement; provide appellate court judges who become members; shall not be entitled to certain group term life insurance benefits .................................. SB 177 Retirement; State Merit of Personnel Administration to State Personnel Administration; change certain references ............................................................... SB 98 INDEX 5637 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................... SB 222 STATE FLAG, SEAL, AND OTHER SYMBOLS Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate.............................................................................HB 327 Confederate Heritage/History Month; create; provide Ralph Mark Gilbert Civil Rights Museum/official state historical civil rights museum .......................... SB 27 Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide ....................................................................................................HB 108 State Symbol; Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum................................................................................................... SB 88 State Symbols; Georgia Mass Choir as Georgia's official mass choir ..................... SB 87 STATE GOVERNMENT Administrative Proceedings; provide award of attorney's fees under certain circumstances.............................................................................................. SB 284 Air Quality; provide collective emissions limitations for facilities emitting pentachlorophenol near primary/secondary schools ................................ SB 276 Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate.............................................................................HB 327 Confederate Heritage/History Month; create; provide Ralph Mark Gilbert Civil Rights Museum/official state historical civil rights museum .......................... SB 27 Conservation/Natural Resources; references to administrative law judge/hearing officer, final decision of Board of Natural Resources; provision ................................................................................................................. SB 229 Court Reports; publishing a volume of rules from the definition of reports; remove requirement...................................................................................HB 235 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions......................... SB 168 Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties ....................................................................... SB 85 Georgia Building Authority; exempt from certain sales and use tax; provisions................................................................................................................HB 333 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 Georgia Lottery Corporation; provide certain prerequisites prior to employees receiving certain types of compensation .............................................. SB 243 Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current regulation ........... SB 148 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 5638 INDEX Government; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences.................. SB 44 Government; require state agencies to develop a privatization plan; establish Privatization Review Committee............................................................. SB 225 Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection............................................................................... SB 133 Hemophilia Advisory Board Act; create; provide for duties, reporting, membership, selection of officers........................................................................... SB 159 Local Boards of Education; election; revise provisions ........................................... SB 84 Local Government; prohibit immigration sanctuary policies by local governmental entities; provide penalties .................................................................. SB 20 Lottery Shortfall Reserve Subaccounts; revise trigger reductions in HOPE; provisions ...................................................................................................HB 157 Made in Georgia Program; revise provisions; provide rules and regulations............................................................................................................... SB 117 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Public Disclosure; provide social security numbers in public documents shall not be disclosed .............................................................................................. SB 124 Public Meetings; limitation on action to contest agency action, recording, notice of time/place; change certain provisions ..................................................... SB 143 Public Records; exemptions to requirements for disclosure; provisions ...............HB 171 Public Records; firefighters/emergency medical technicians; clarify disclosure of federal records; certain private information........................................ SB 26 Public Retirement Systems Investment Authority Law; expand definition of the term large retirement system ........................................................................ SB 129 Public Utility/Transportation; state government endorsed rideshare programs; provisions ..............................................................................................HB 440 Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide ....................................................................................................HB 108 Social Services; provide access by certain government entities/persons to records concerning reports of child abuse; define a certain term............................. SB 79 State Government; Georgia Technology Authority; develop certain plans and reports; authorize .............................................................................................HB 436 State Government; grants for clean energy property; provisions...........................HB 473 State Government; police duties in Capitol Square; Department of Public Safety; reimburse ....................................................................................................HB 662 State of Georgia Property; certain counties; nonexclusive easements; authorize .................................................................................................................HR 279 State Properties Commission; provide authority to enter into multiyear lease agreements ..................................................................................................... SB 254 State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee ..................................................... SB 194 INDEX 5639 State Purchasing; exempt certain purchases from having to go through Department of Administrative Services ................................................................. SB 211 State Purchasing; prohibit certain companies that have certain business operations in Sudan to bid on/submit a proposal for state contract........................ SB 170 State Purchasing; require certain percentage of all funds appropriated to state's various budget unit; projects/contracts involving small business.................. SB 21 State Symbol; Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum................................................................................................... SB 88 State Symbols; Georgia Mass Choir as Georgia's official mass choir ..................... SB 87 Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority ................. SB 200 Transportation Department; award a certain number of contracts to small businesses; require .................................................................................................... SB 29 Uniform Electronic Transactions Act; enact ..........................................................HB 126 Wireless Communications Tower Siting Act; provide planning for the construction of wireless facilities/wireless support structures ............................... SB 192 STATE PRINTING AND DOCUMENTS Court Reports; publishing a volume of rules from the definition of reports; remove requirement...................................................................................HB 235 Public Disclosure; provide social security numbers in public documents shall not be disclosed .............................................................................................. SB 124 Public Records; exemptions to requirements for disclosure; provisions ...............HB 171 Public Records; firefighters/emergency medical technicians; clarify disclosure of federal records; certain private information........................................ SB 26 Public Retirement Systems Investment Authority Law; expand definition of the term large retirement system ........................................................................ SB 129 Wireless Communications Tower Siting Act; provide planning for the construction of wireless facilities/wireless support structures ............................... SB 192 STONE MOUNTAIN Stone Mountain, City of; provide new charter; incorporation, boundaries, and powers .............................................................................................................. SB 191 STREET GANG TERRORISM AND PREVENTION Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 SUMTER COUNTY Americus and Sumter County Hospital Authority; members; provide ..................HB 701 5640 INDEX SUPERIOR COURT CLERKS RETIREMENT FUND Superior Court Clerks' Retirement Fund of Georgia; eligibility criteria for creditable service; provide......................................................................................HB 488 Superior Court Clerks' Retirement Fund of Georgia; increase employee contribution; provisions ..........................................................................................HB 487 SUPERIOR COURT JUDGES RETIREMENT FUND Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services...................................... SB 109 SUPERIOR COURTS Cordele Judicial Circuit; superior court; change certain terms ..............................HB 216 Courts; Georgia Courts Automation Commission; repeal......................................HB 289 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents .............................................................................. SB 57 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 Property; foreclosures on mortgages; require recording of documents relating to sales under power; change provisions................................................... SB 141 Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services...................................... SB 109 Superior Courts; issuing orders on motions; provisions.........................................HB 220 Superior Courts; sunset dates for property filing fees; change...............................HB 453 SUPREME COURT Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ......................................................................................................................HB 323 SUPREME COURT AND COURT OF APPEALS REPORTER Court Reports; publishing a volume of rules from the definition of reports; remove requirement...................................................................................HB 235 SURETYSHIP Contractor; service of notice of commencement; requirements; procedure for application of certain forms .............................................................................. SB 184 T TALBOT COUNTY Talbot County; board of elections and registration; create ....................................HB 678 INDEX 5641 TAX EXECUTIONS; EXEMPTIONS FROM LEVY AND SALE Levy/Sale; change nonbankruptcy exemptions ...................................................... SB 249 TAX LEVIES AND EXECUTIONS Tax Executions; collection of costs, commissions, interest, and penalties; change certain provisions; provide for execution costs.......................................... SB 251 TAXATION AND REVENUE (ALSO SEE AD VALOREM TAX) ACORN; urging the Federal Internal Revenue Service to remove taxexempt organization status ......................................................................................... SR 7 Ad Valorem Tax Exemption; property constituting the inventory of a business; provide ....................................................................................................HB 482 Ad Valorem Tax; exemptions may be authorized locally ...................................... SR 427 Ad Valorem Tax; heavy-duty equipment vehicles; provide partial exemption ...............................................................................................................HB 318 Ad Valorem Tax; modernization and revisions of certain provisions; provide ....................................................................................................................HB 483 Ad Valorem Taxation; change factors to be considered in determining fair market value of real property ............................................................................. SB 55 Ad Valorem; increase the amount of the state-wide homestead exemption; specify terms/conditions of the exemption and the procedures............. SB 83 Appraisers; prohibit persons who are serving/have served a member of county board of tax assessors from serving as employee of the board .................. SB 118 Black Market Cigarette Act; provide for utilization of digital based cigarette stamp processes........................................................................................ SB 205 Brantley County School District; Ad valorem taxes for educational purposes; homestead exemption............................................................................. SB 269 Brantley County; ad valorem taxes; homestead exemption ................................... SB 270 Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program .............. SB 165 County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes........................................................... SB 240 County Taxation; appraisers duties upon property; change certain provisions................................................................................................................HB 304 Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Education; student scholarship organizations; provisions......................................HB 100 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions......................... SB 168 Georgia Building Authority; exempt from certain sales and use tax; provisions................................................................................................................HB 333 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority ..........................................................................HB 244 5642 INDEX Georgia Tax Reform Commission of 2009; providing access to certain otherwise confidential Department of Revenue information ................................. SR 453 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Homeowner Tax Relief Grants; require mandatory funding.................................. SR 179 Improved Taxpayer Customer Service Act of 2009; enact ....................................HB 485 Income Tax Credit; purchase of one eligible single-family residence; provide ....................................................................................................................HB 261 Income Tax Returns; authorize taxpayers to make certain contributions; programs for the education of multiple sclerosis...................................................... SB 25 Income Tax; certain real estate investment trusts; disallow expenses paid; provisions................................................................................................................HB 379 Income Tax; credits; business enterprises; provide................................................HB 439 Income Tax; provide for obtaining/maintaining creditable health insurance coverage as condition of claiming exemptions/receiving funds ............ SB 106 Income Tax; tax credits for qualified jobs and projects; comprehensive revision; provide .....................................................................................................HB 438 Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide...............................................................................................HB 350 Insurance; premium taxes for certain products; provide exemption; provisions................................................................................................................HB 410 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 Kingsland, City of; ad valorem taxes; homestead exemption; municipal purposes .................................................................................................................. SB 266 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability .................................................. SB 75 Levy/Sale; change nonbankruptcy exemptions ...................................................... SB 249 Locust Grove, City of; authorize governing authority to levy an excise tax; provide procedures, conditions, and limitations.............................................. SB 183 Motor Fuel Taxes; appropriated for all activities incident to providing an adequate system of public roads/bridges; transportation purposes ........................ SR 336 Motor Fuel Taxes; General Assembly modify any proposed expenditure of received revenue................................................................................................. SR 110 Motor Vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate .............................................................HB 57 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Redevelopment Powers; computation of tax allocation increments of districts; ad valorem property taxes........................................................................ SB 186 Revenue/Taxation; certain tax return preparers; civil penalties and injunctive relief; provide.........................................................................................HB 444 Revenue/Taxation; comprehensive revision of provisions; provide ......................HB 335 Revenue/Taxation; define terms; provide.................................................................HB 74 Revenue/Taxation; forms of payment; change certain provisions .........................HB 334 Revenue/Taxation; prepaid state fuel tax; provide exemption ...............................HB 121 INDEX 5643 Revenue/Taxation; valuation increases of property; provide moratorium .............HB 233 Roads; collections, expenditures, and exemptions respect to certain revenue; provisions................................................................................................. SB 187 Sales Tax; proceeds used exclusively to build PeachCare for Kids; create Penny for the Kids Trust Fund ............................................................................... SR 335 Sales/Use Tax Exemption; certain school supplies; energy efficient products; provide ....................................................................................................HB 120 Sales/Use Tax Exemption; new construction of civil rights museum; provide ....................................................................................................................HB 349 Sales/Use Tax Exemption; zoological institution; provide ....................................HB 129 Sales/Use Tax; airplane flight simulation training device; provide exemption ...............................................................................................................HB 364 Sales/Use Tax; certain sales of dyed fuel oils; provide exemption ..........................HB 46 Sales/Use Tax; controlled substances and dangerous drugs; certain exemptions; provide..................................................................................................HB 59 Sales/Use Tax; food for hunger and disaster relief; extend exemptions ................HB 358 Sales/Use Tax; jet fuel; continue exemption ..........................................................HB 212 Sales/Use Tax; personal property; construction of certain symphony halls; extend exemption ..........................................................................................HB 395 Sales/Use Tax; refund claims; expedited payment; provisions..............................HB 441 Sales/Use Tax; renegotiation of distribution certificates; change certain provisions..................................................................................................................HB 56 Sales/Use Tax; repair of certain aircraft; sale of parts; provide exemption ...........HB 116 St. Mary, City of; ad valorem taxes for municipal purposes; provide homestead exemption ............................................................................................. SB 261 State Highway System; prohibit outdoor advertising from being maintained in certain areas ..................................................................................... SB 107 State Properties Commission; provide authority to enter into multiyear lease agreements ..................................................................................................... SB 254 State Revenue Commissioner's Authority; distributions; repeal certain provisions................................................................................................................HB 181 State Tax Reform; provide for the imposition, levy, and collection of state sales/use tax; transportation purposes .............................................................. SR 90 Tax Executions; collection of costs, commissions, interest, and penalties; change certain provisions; provide for execution costs.......................................... SB 251 Tax; business enterprises; revise the definition...................................................... SB 202 Taxation; motor vehicles; comprehensive revision; provisions .............................HB 480 Taxes; exempt public school systems from motor fuel excise taxes under certain circumstances.............................................................................................. SB 167 Taxes; local ad valorem reduction option; provide procedures, conditions, and limitations ............................................................................................................ SR 2 Taxes; provide for a 1% sales tax; transportation projects in special transportation districts within the state..................................................................... SB 39 5644 INDEX Teleworking; income tax credits; provisions..........................................................HB 186 Tobacco Products; excise tax; change certain provisions ......................................HB 355 Transportation Trust Fund; create ..........................................................................HR 206 Woodbine, City of; ad valorem taxes; homestead exemption; municipal purposes .................................................................................................................. SB 267 TEACHERS RETIREMENT SYSTEM O.C.G.A; correct errors/omissions; Title 47............................................................. SB 48 Retirement; change the benefit formula for the Teachers Retirement System; change maximum number of years of service used in calculation ........... SB 288 Retirement; election to participate in Regents Retirement in lieu of Teachers Retirement shall be revocable at will ...................................................... SB 257 Retirement; provide any full-time public school employee may elect to become member of Teachers Retirement System .................................................. SB 260 Retirement; provide University System of Georgia employ a retired member as a full-time instructor at a nursing school ............................................. SB 259 Retirement; State Merit of Personnel Administration to State Personnel Administration; change certain references ............................................................... SB 98 TELEPHONE AND TELEGRAPH SERVICE Telecommunications; charge for third party service; change requirements...........HB 302 Telecommunications; modernize competition; provisions.....................................HB 168 TELFAIR COUNTY Telfair County; Board of Commissioners; districts; provisions.............................HB 755 TENNILLE Tennille, City of; provide new charter....................................................................HB 541 THEFT OFFENSES Criminal Code of Georgia; require persons convicted of certain crimes to wear a global positioning system monitor.............................................................. SB 255 Penal Institutions; registry for persons convicted of certain theft crimes; definitions; certain metal thieves register prior to release from prison .................... SB 52 Public Utilities/Transportation; inspection by law enforcement officers; provisions; special officers investigating certain thefts of public utilities ............... SB 53 Secondary Metals Recyclers; provide regulation of theft of regulated metal property; transaction records; change provisions ........................................... SB 82 TOBACCO AND TOBACCO RELATED PRODUCTS Tobacco Products; excise tax; change certain provisions ......................................HB 355 INDEX 5645 TOOMBS COUNTY Toombs County; board of elections and registration; create..................................HB 711 TORTS Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability .................................................. SB 75 Microchip Consent Act of 2009; prohibit requiring a person to be implanted with a microchip .................................................................................... SB 235 Torts; limit liability for certain drug/medical device manufacturers and sellers under certain circumstances; definitions; exceptions.................................. SB 101 Torts; specify manufacturer liability in certain cases............................................. SB 213 TOWNS COUNTY Towns County; ad valorem tax; provide homestead exemption ............................HB 782 TRANSPORTATION, DEPARTMENT OF Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties ....................................................................... SB 85 Highway System; provide for an inventory of scenic areas; change provisions on certain restriction on outdoor advertising ......................................... SB 18 Road/Tollway Authority; contracts with Department of Transportation; provide authorization; better management of their respective finances................... SB 19 Roads; collections, expenditures, and exemptions respect to certain revenue; provisions................................................................................................. SB 187 Roadways; certain facilities; provide regulation ....................................................HB 101 State Highway System; prohibit outdoor advertising from being maintained in certain areas ..................................................................................... SB 107 State Highway System; signs and signals; height limitations; allow owners to obtain permits to remove vegetation from the viewing zones ............... SB 164 Traffic-Control Devices; authorize Department of Transportation to establish rules/regulations for prevention/reduction; dangerous traffic congestion ................................................................................................................. SB 32 Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority ................. SB 200 Transportation Department; award a certain number of contracts to small businesses; require .................................................................................................... SB 29 Transportation; General Assembly may designate agencies/authorities to control projects; state highway system..................................................................... SB 40 TRANSPORTATION, STATE BOARD OF Beach, Brandon; elected member ...................................................................Pages 29, 509 Farrow, Steve; elected member ............................................................................. Page 28 Kuhlke, Bill; elected member .............................................................................. Page 511 5646 INDEX Parham, Bobby; elected member ......................................................................... Page 512 TROUP COUNTY Magistrate Court of Troup County; provide chief magistrate shall be a full-time position; compensation and qualifications .............................................. SB 277 TRUSTS, GEORGIA TRUST ACT; FIDUCIARY POWERS The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 TYBEE ISLAND, CITY OF Tybee Island, City of; four-year, staggered terms; provide....................................HB 629 U UNDERGROUND STORAGE TANKS Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director................ SB 78 UNIFORM COMMERCIAL CODE; SALES Commercial Code; Uniform Commercial Code; conforming amendments; adopt .................................................................................................HB 451 UNIFORM RULES OF THE ROAD Driver Services, Department of; increase fees; speed restrictions; provisions................................................................................................................HB 160 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement.................................................................................................... SB 2 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions.................. SB 180 Hunting; prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, other substances........................................... SB 71 Motor Vehicles; driver's license requirements; provision; serious injury due to a right of way violation resulting in collision; revise penalties................... SB 196 Rules of Road; provide assessment of points for a violation of 40-6-241; penalty..................................................................................................................... SB 218 Rules of Road; provide for use of more than one parking place by persons with disabilities when all parking places are full .................................................. SB 153 Uniform Rules of the Road; bicycles on sidewalks; local government; authorize .................................................................................................................HB 422 Victim Compensation; provide for an adult entertainment surcharge; definitions ................................................................................................................. SB 91 INDEX 5647 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions.................................................. SB 172 V VALDOSTA, CITY OF Valdosta, City of; revise corporate limits; provide.................................................HB 583 VETERANS AFFAIRS Disabled Veterans and Blind Persons; eligibility certificate; provisions ...............HB 128 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 VETOES Veto Letters 2008................................................................................................ Page 12 Veto HB 990 line item ........................................................................................ Page 20 VICTIMS OF CRIME Courts; provide notice of the release of child from detention under certain circumstances; definitions ...................................................................................... SB 246 Victim Compensation; provide for an adult entertainment surcharge; definitions ................................................................................................................. SB 91 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions.................................................. SB 172 VITAL RECORDS Death Certificate Filings; cause and circumstances of death; coroners; provisions..................................................................................................................HB 64 VOCATIONAL, TECHNICAL, AND ADULT EDUCATION O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Retirement; provide any full-time public school employee may elect to become member of Teachers Retirement System .................................................. SB 260 State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia ...............................................HB 301 Technical College; legislative approval for creation or discontinuation; require .....................................................................................................................HB 294 VOTER REGISTRATION AND VOTING Elections; absentee ballots; returns be made by precinct; provide...........................HB 86 Elections; registration of voters; provisions ...........................................................HB 549 5648 INDEX W WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection............................................................................... SB 133 WALD, FLORENCE; honored life and memory of ............................................ Page 234 WALLACE, LORENZO; Elected Sergeant at Arms .............................................. Page 5 WALTON COUNTY Loganville, City of; mayor and city councilmembers; change the terms...............HB 746 WARE COUNTY Satilla Regional Water and Sewer Authority; member selection; revise ...............HB 808 Ware County; citizens right to address commissioners; provide ...........................HB 735 WAREHOUSING; RECEIPTS, BILLS OF LADING, TITLE DOCUMENTS Commercial Code; Uniform Commercial Code; conforming amendments; adopt .................................................................................................HB 451 WARNER ROBINS, CITY OF Warner Robins Public Facilities Authority Act; enact ...........................................HB 809 Warner Robins, City of; levy an excise tax; authorize ...........................................HB 712 WARREN COUNTY Warren County; probate court judge serve as chief magistrate; provide ...............HB 437 WASHINGTON COUNTY Washington County Public Facilities Authority Act; enact ...................................HB 741 WASTE MANAGEMENT Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director................ SB 78 Georgia Voluntary Remediation Program Act; enact ............................................HB 248 State-wide Recycling Program; expand; provisions...............................................HB 310 Waste Management; provide for quarantining/certified clean up of sites where methamphetamine was unlawfully manufactured ......................................... SB 15 INDEX 5649 WATER RESOURCES Natural Resources, Department of; proposed new or revised flood elevations; require notice........................................................................................HB 169 Public Water Systems; water usage among tenants; revise provisions ..................HB 158 Soil Erosion and Sedimentation; 25 foot buffers along state waters; change certain provisions ....................................................................................... SB 155 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions................................................................................................................ SB 228 State Owned Marshland/Water bottoms; leasing; change certain provisions................................................................................................................HB 170 Water Well Standards; contractors or drillers; change certain provisions .............HB 552 WATERS, PORTS, AND WATERCRAFT Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair...................................................................................................................... SB 99 Hunting; prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, other substances........................................... SB 71 Improved Taxpayer Customer Service Act of 2009; enact ....................................HB 485 Natural Resources Board; rules and regulations; watercraft; penalty of violations; change certain provisions ....................................................................... SB 72 WAYCROSS Waycross, City of; citizens right to address city commissioners; provide.............HB 734 WEST POINT West Point, City of; Redevelopment Powers Law; authorize ................................HB 720 WHITE COUNTY White County; levy an excise tax; authorize ..........................................................HB 632 WHITFIELD COUNTY Whitfield County; board of commissioners; insurance coverage for former members; provide .......................................................................................HB 672 WILCOX COUNTY Wilcox County Board of Education; staggered terms for members; provisions................................................................................................................HB 751 Wilcox County; Board of Commissioners; staggered elections; provide ..............HB 618 WILD ANIMALS Special License Plates; Georgia Aquarium; provisions .........................................HB 639 5650 INDEX WILDLIFE Crimes; authorize churches to determine whether to permit persons licensed to carry firearms to carry on church premises/functions.......................... SB 281 Firearms; laws concerning carrying of concealed weapons; revise comprehensively ..................................................................................................... SB 291 Game/Fish; regulate taking, possession, transportation, farming, selling of fresh-water turtles; provide rules/regulations..................................................... SB 203 Hunting; prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, other substances........................................... SB 71 U.S. Fish/Wildlife Service; urged to conduct further scientific study in the Etowah River Basin; perform mandatory five-year review.............................. SR 304 Wildlife; prohibition against trapping wildlife upon the rights of way of public roads/highways; provide exception ............................................................. SB 110 Wildlife; restrictions on hunting certain animals with lights ................................ SB 111 WILKINSON COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............... SR 294 WILLACOOCHEE Willacoochee, City of; filling vacancies; revise method........................................HB 594 Willacoochee, Town of; deannex property; provide ..............................................HB 794 WILLIAMS, SENATOR TOMMIE; Elected President Pro Tempore................... Page 4 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts..................................................................................... SB 131 WITNESSES Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling........................................................................... SB 64 WOODBINE Woodbine, City of; ad valorem taxes; homestead exemption; municipal purposes .................................................................................................................. SB 267 WOODSTOCK, CITY OF City of Woodstock Community Improvement District Act of 2009; enact ...........HB 496 Woodstock, City of; levy an excise tax; authorize .................................................HB 596 INDEX 5651 WORKERS COMPENSATION Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties.......................................................................... SB 62 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration................................................... SB 97 Prescription Drugs; provide for prior authorization requirements; definitions; penalties; discounts; PeachCare for Kids Program ................................ SB 3 Workers' Compensation Insurance; revise code section; reg. of rates; remove certain references ......................................................................................... SB 76 Workers' Compensation; decisions of administrative law judge and appellate division; change certain provisions.........................................................HB 330 WORTH COUNTY Worth County; board of elections and registration; create.....................................HB 686